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2007-02-15 Regular MeetingFebruary 15, 2007 — 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Mr. Jerrol Friend Assembly Member Term Expires 2009 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Ms. Chris Lynch Assembly Member Term Expires 2009 Mr. Reed Oswalt Assembly Member Term Expires 2008 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. Citizens Comments and Public Hearing Numbers: Toll Free Number 1- 800 -478 -5736 Local Phone Number 486 -3231 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA OVAL OF MINUTES . Kodiak Island Borough Special Meeting of January 11, and Regular Meeting of January 18, 2007. 6. AWARDS AND PRESENTATIONS A. Students of the Month B. Employee of the Year 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. FY2007 -31 Contract Award - Kodiak Fisheries Research Center /Dorm Facility Janitorial Services 2. Contract No. FY2007 -32 Recycle Services with Threshold Services, Inc. 3. Contract No. FY2007 -33 Approval of Control Contractors, Inc. as a Provider of New Controls for Bond Projects at East Elementary School and Kodiak High School and Award of Contract to Control Contractors, Inc. for Control Work at East Elementary. Kodiak Island Borough Assembly Agenda February 15, 2007 Page 1 SOLUTIONS Resolution No. FY2007 -21 Supporting SB46, an Act Relating to an Extension of the Plan Revision Deadline for Coastal Management Plans From March 1, 2007 to September 1, 2007. Resolution No. FY2007 -22 Establishing Citizens Board of Equalization Dates for the Year 2007. Resolution No. FY2007 -23 Authorizing a Renewal of the Lease with Providence Health System Alaska for the Kodiak Island Hospital and Care Center 4. Resolution No. FY2007 -24 Authorizing a Renewal of the Lease with Providence Health System Alaska for the Kodiak Island Mental Health Center Now Known as Providence Kodiak Island Counseling Center. 5. Resolution No. FY2007 -25 Urging the Alaska State Legislature and Governor to Secure Grant Funding for Kodiak Electric Association's Pillar Mountain Wind Project. 6. Resolution No. FY2007 -26 Opposing House Bill 84, An Act Relating to the Sharing of Fisheries Business Tax Revenue With Municipalities and Providing For An Effective Date. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -12 Amending Title 17, Zoning, of the Kodiak Island Borough Code of Ordinances by Amending Section 17.02.030 Comprehensive Plan, to Incorporate the Updated Womens Bay Comprehensive Plan (December 2006). D. OTHER ITEMS - None. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) 15. ASSEMBLYMEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of November 15, 2006 and December 20, 2006. 2. Kodiak Island Borough School District Board of Education Regular Meeting of December 11, 2006; and Special Meetings of December 18, 2006 and January 8, 2007. 3. Parks and Recreation Committee Regular Meeting of November 14 and November 28, 2006 4. Gravel Task Force Committee Meeting of December 4, 2006 B. REPORTS 1. Kodiak Island Borough January 2007 Financial Report. 2. Kodiak Island Borough School District Board of Education Special Meeting Summary of January 8, 2007 and Regular Meeting Summary of January 22, 2007. Kodiak Island Borough Assembly Agenda February 15, 2007 Page 2 February 15, 2007 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Mr. Jerrol Friend Assembly Member Term Expires 2009 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Ms. Chris Lynch Assembly Member Term Expires 2009 Mr. Reed Oswalt Assembly Member Term Expires 2008 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak is /and Borough 710 Mil Bay Road Kodiak, AK 99615 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. Citizens Comments and Public Hearing Numbers: Toll Free Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES Assembly Chambers '9 1 ,0 A. Kodiak Island Borough Special Meeting of January 11, and Regular Meeting of January 18, 2007. 6. AWARDS AND PRESENTATIONS A. Students of the Month B. Employee of the Year 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. FY2007 -31 Contract Award - Kodiak Fisheries Research Center /Dorm Facility Janitorial Services 2. Contract No. FY2007 -32 Recycle Services with Threshold Services, Inc. 3. Contract No. FY2007 -33 Approval of Control Contractors, Inc. as a Provider of New Controls for Bond Projects at East Elementary School and Kodiak High School and Award of Contract to Control Contractors, Inc. for Control Work at East Elementary. Kodiak Island Borough Assembly Agenda February 15, 2007 Page 1 B. RESOLUTIONS 1. Resolution No. FY2007 -21 Supporting SB46, an Act Relating to an Extension of the Plan Revision Deadline for Coastal Management Plans From March 1, 2007 to September 1, 2007. 2. Resolution No. FY2007 -22 Establishing Citizens Board of Equalization Dates for the Year 2007. 3. Resolution No. FY2007 -23 Authorizing a Renewal of the Lease with Providence Health System Alaska for the Kodiak Island Hospital and Care Center 4. Resolution No. FY2007 -24 Authorizing a Renewal of the Lease with Providence Health System Alaska for the Kodiak Island Mental Health Center Now Known as Providence Kodiak Island Counseling Center C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -12 Amending Title 17, Zoning, of the Kodiak Island Borough Code of Ordinances by Amending Section 17.02.030 Comprehensive Plan, to Incorporate the Updated Womens Bay Comprehensive Plan (December 2006). D. OTHER ITEMS - None. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) 15. ASSEMBLYMEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of November 15, 2006 and December 20, 2006. 2. Kodiak Island Borough School District Board of Education Regular Meeting of December 11, 2006; and Special Meetings of December 18, 2006 and January 8, 2007. 3. Parks and Recreation Committee Regular Meeting of November 14 and November 28, 2006 4. Gravel Task Force Committee Meeting of December 4, 2006 B. REPORTS 1. Kodiak Island Borough January 2007 Financial Report. 2. Kodiak Island Borough School District Board of Education Special Meeting Summary of January 8, 2007 and Regular Meeting Summary of January 22, 2007. Kodiak Island Borough Assembly Agenda February 15, 2007 Page 2 Kodiak Island Borough February 15, 2007 1. INVOCATION Captain Dave Davies of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Assembly Guidelines Regular Meeting Assembly Chambers Clerk's note: Assembly member Abell and Oswalt may be out and asked to be excused. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. ROLL CALL VOTE ON MOTION TO APPROVE THE AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Special Meeting of January 11, and Regular Meeting of January 18, 2007. Recommended motion: Move to approve the minutes as submitted. VOICE VOTE ON MOTION TO APPROVE THE MINUTES 6. AWARDS AND PRESENTATION A. Student of the Month - Mayor Selby Clerk's Note: Student of the Month for February has requested postponement of presentation until the March 15, 2007 Regular Meeting B. Employee of the Year Award - Manager Gifford Kodiak Island Borough Assembly Guidelines February 15, 2007 Page 1 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT - Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. FY2007 -31 Contract Award - Kodiak Fisheries Research Center /Dorm Facility Janitorial Services Recommended motion: Move to authorize the manager to execute Contract No. FY2007 -31 for three years, based on performance, to Tuan's Island Professional Cleaning Service in an amount not to exceed $150,000. Staff report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION 2. Contract No. FY2007 -32 Recycle Services with Threshold Services, Inc. Clerk's Note: Attached on purple paper is a copy of the contract Recommended motion: Move to authorize the manager to execute Contract No. FY2007 -32 with Threshold Services, Inc. of Kodiak, Alaska in the amount of $9,000 per month up to 30,000 lbs. and $.15 per lb. over 30,000 lbs., for fiscal years 2007 -2008. Staff report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines February 15, 2007 Page 2 3. Contract No. FY2007 -33 Approval of Control Contractors, Inc. as a Provider of New Controls for Bond Projects at East Elementary School and Kodiak High School and Award of Contract to Control Contractors, Inc. for Control Work at East Elementary School. Recommended motion: Move to authorize the manager to execute Contract No. FY2007 -33 with Control Contractors Inc. as a Provider /Installer of Barber Colman HVAC equipment at East Elementary School in an amount not to exceed $110,064. Staff report - Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION B. RESOLUTIONS 1. Resolution No. FY2007 -21 Supporting SB46, an Act Relating to an Extension of the Plan Revision Deadline for Coastal Management Plans From March 1, 2007 to September 1, 2007. Recommended motion: Move to adopt Resolution No. FY2007 -21. Staff report - Manager Gifford Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 2. Resolution No. FY2007 -22 Establishing Citizens Board of Equalization Dates for the Year 2007. Recommended motion: Move to adopt Resolution No. FY2007 -22. Staff report - Manager Gifford Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 3. Resolution No. FY2007 -23 Authorizing a Renewal of the Lease with Providence Health System Alaska for the Kodiak Island Hospital and Care Center Clerk's Note: Attached on white paper is the corrected version. Copies were made to the public. Recommended motion: Move to adopt Resolution No. FY2007 -23. Staff report - Manager Gifford Assembly discussion. Amendments may be offered at this time. Clerk's Note: Attached on blue paper is a statement made by Assembly member Abell that he would like read into the record. Kodiak Island Borough Assembly Guidelines February 15, 2007 Page 3 ROLL CALL VOTE ON MOTION 4. Resolution No. FY2007 -24 Authorizing a Renewal of the Lease with Providence Health System Alaska for the Kodiak Island Mental Health Center Now Known as Providence Kodiak Island Counseling Center. Recommended motion: Move to adopt Resolution No. FY2007 -24. Staff report — Manager Gifford Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 5. Resolution No. FY2007 -25 Urging the Alaska State Legislature and Governor to Secure Grant Funding for Kodiak Electric Association's Pillar Mountain Wind Project. Recommended motion: Move to adopt Resolution No. FY2007 -25. Staff report — Manager Gifford Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION 6. Resolution No. FY2007 -26 Opposing House Bill 84, An Act Relating to the Sharing of Fisheries Business Tax Revenue With Municipalities and Providing For An Effective Date. Clerk's Note: Attached on green paper is a copy of the Resolution. Recommended motion: Move to adopt Resolution No. FY2007 -26. Staff report — Manager Gifford Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION B. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2007 -12 Amending Title 17, Zoning, of the Kodiak Island Borough Code of Ordinances by Amending Section 17.02.030 Comprehensive Plan, to Incorporate the Updated Womens Bay Comprehensive Plan (December 2006). Recommended motion: Move to adopt Ordinance No. FY2007 -12 in first reading to advance to public hearing on March 15, 2007. Staff Report - Manager Gifford Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines February 15, 2007 Page 4 D. OTHER ITEMS - None 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 -478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLY MEMBER COMMENTS ANNOUNCEMENTS — Mayor Selby The Boards, Committees, and Commissions Reception will be held Friday, February 23, 2007 from 7 p.m. to 9: p.m. at the Kodiak Fisheries Research Center. All Board, Committee, and Commission members and their guest are invited to attend. The work session scheduled for Thursday, February 22, 2007 and regular meeting scheduled for Thursday, March 1, 2007 have been cancelled. The work session scheduled for Thursday, March 8, 2007 has been rescheduled to Tuesday, March 13 at 7:30 p.m. in the Borough Conference Room. The Assembly will meet in regular meeting on Thursday, March 15, 2007 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines February 15, 2007 Page 5 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: OQ/i 1 Please print your name Please print your name TOTAL Ms. Williams Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell cn td g 0 E V Z TOTAL Ms. Williams Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson cn GJ 2 0 c. L z TOTAL Ms. Williams 1 Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson a 0 w 0 • a as z TOTAL Ms. Williams 1 Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson i o< 0 :•• P P.- W z TOTAL Ms. Williams Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson W Mr. Abell C Cd 0 G 0 C3c a (.3-` v \ V '< 0 z cn co CC y a i co CD ty nt r v. c/) m 0 i M ►j r 5 P n o 0 0 w N 4 5 i 0 cn 2-, CD w n z 0 0 a. 5 0 E.' TOTAL . _ Ms. Williams Ms. Lynch Ms. Jeffrey Mr. Friend . Ms. Branson 0 o A Q « 1 z TOTAL . _ Ms. Williams Ms. Lynch Ms. Jeffrey t Mr. Friend Ms. 'Branson ed a o SL r� cd ✓l V 0 z TOTAL • m Ms. Williams Ms. Lynch kir Ms. Jeffrey Ms. Branson Mr. Friend I a � ,---\ 4 � C to a ` 0 `�`� r—. z TOTAL Ms. Williams Ms. Lynch Ms. Branson Mr. Friend Ms. Jeffrey w to p -,2-- a � C C ..... C.... 1 — z TOTAL Ms. Williams Ms. Lynch 7 Ms. Branson Mr. Friend Ms. Jeffrey -. o: c C fl b V pC o rTJ 0 t g y cr � w C" 0 0 oz t u td O r 0 x � x trl Ctl 0 19 'Am Two II TOTAL II Ms. Williams Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson 4' [ g? � g :c 0 R- C5 r Lit X TOTAL Ms. Williams Ms. Lynch Ms. Jeffrey 1' Mr. Friend Ms. Branson o a n 0 R V C Y -C.:. 1 V - tw Z TOTAL I Ms. Williams i Ms. Lynch 4 Ms. Jeffrey Mr. Friend Ms. Branson .c > o oc a 10P c g \ Cam' z TOTAL Ms. Williams Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson a v o E / a `o" r 94 C V 1 1 V 0 z TOTAL 1 Ms. Williams Ms. Lynch 1 Ms. Jeffrey 1 Mr. Friend Ms. Branson O --,2-- ckm -t � W CT a J Iv 0 z co Yr� 0 CD tll tml w , s w 0-3 cn w' y 0 et 0 ' AC 0 CD Do 0 C" 0 CD 0 o z r ed 0 • o • 0 � x H y TOTAL r. • sw. t Ms. Williams II Ms. Lynch I Ms. Jeffrey I Mr. Friend Ms. Branson Cn x g 0 Q a tcrtc L.7\ I ,-C _. TOTAL Ll '_ - Ms. Williams Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson al 0 0 P a X TOTAL Ms. Williams Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson 4 Y 9 g O 0 a .< z TOTAL u • Ms. Williams [Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell ca oci 0 0 P.- X TOTAL Ms. Williams I Ms. Lynch 1 Ms. Jeffrey I Mr. Friend Ms. Branson Mr. Abell W 0 a < X X x trl trl 4 Cr CD p O c4 0 cr y aD Z cr 0 0 o. 0 9) A special meeting of the Kodiak Island Borough Assembly was held January 11, 2007 in the Assembly Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 9:54 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Absent was Assembly member Branson. Staff members present were Manager Rick Gifford, E &F Director Bud Cassidy, Clerk Nova Javier, Finance Director Karl Short, Associate Planner Duane Dvorak, Projects Assistant Sharon Lea, Project Manager Ken Smith, and Assistant Clerk Jessica Basuel. CITIZENS' COMMENTS — None. KODIAK ISLAND BOROUGH Assembly Special Meeting January 11, 2007 CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Confirmation of Mayoral Appointments to the Arts Council Advisory Committee. FRIEND moved to confirm the mayoral appointments of Cece Esparza, Cathy Wilson, and Sara Bruce to one year seats on the Arts Council Advisory Committee for terms to expire December 31, 2007, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, Oswalt, Williams B. Confirmation of Mayoral Appointments to the Parks and Recreation Committee. JEFFREY moved to confirm the mayoral appointments of Lori Demi to a one -year seat for a term to expire December 31, 2007 and Jeff Huntley, Patrick Saltonstall, and Hans Tschersich to the three - year seats for terms to expire December 31, 2009 on the Parks and Recreation Committee, seconded by WILLIAMS ROLL CALL VOTE CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell C. Confirmation of Mayoral Appointments to the Planning and Zoning Commission. WILLIAMS moved to confirm the mayoral appointments of William Kersch to a city seat for a term to expire December 31, 2009 and Casey Janz and David C. King for terms to expire December 31, 2009 on the Planning and Zoning Commission, seconded by OSWALT ROLL CALL VOTE CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Williams, Abell, Friend D. Recommendation for Appointment to Board Seats on the Providence Health System Kodiak Island Service Area Community Board. ABELL moved to recommend the appointments of Cecil Ranney and Gretchen Saupe to the Providence Kodiak Island Service Area Community Board, seconded by OSWALT Kodiak Island Borough Assembly Special Meeting Minutes January 11, 2007 Page 1 l ROLL CALL VOTE CARRIED UNANIMOUSLY.: Lynch, Oswalt, Williams, Abell, Friend, Jeffrey E. Appointments to the Citizens' Board of Equalization OSWALT moved to appoint Jim Nagan and Tim Hurley to the vacant seats on the Board of Equalization for terms to expire December 31, 2009, seconded by LYNCH ROLL CALL VOTE CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Friend, Jeffrey, Lynch F. Personnel Advisory Board Vacancy. WILLIAMS moved to declare the seat held by Chris Nielsen on the Personnel Advisory Board for a term to expire December 31, 2007 vacant and direct the Borough Clerk to advertise the vacancy per Borough Code, seconded by FRIEND ROLL CALL VOTE CARRIED UNANIMOUSLY: Williams, Abell, Friend, Jeffrey, Lynch, Oswalt G. Confirmation of Mayoral Appointments to the Architectural /Engineering Review Board /Building Code Board of Appeals OSWALT moved to confirm the mayoral appointments of Scott Arndt and Charlie Jerling Jr. to the vacant seats on the Architectural /Engineering Review Board /Building Code Board of Appeals for terms to expire December 31, 2009, seconded by JEFFREY ROLL CALL VOTE CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, Oswalt, Williams ADJOURNMENT FRIEND moved to adjourn the meeting, seconded by WILLIAMS ROLL CALL VOTE CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell The special meeting adjourned at 10 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Special Meeting Minute January 11, 2007 Pagd2 KODIAK ISLAND BOROUGH Regular Assembly Meeting January 18, 2007 A regular meeting of the Kodiak Island Borough Assembly was held January 18, 2007 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, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Barbara Williams. Staff members present were Manager Rick Gifford, E &F Director Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Jessica Basuel. APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by OSWALT. VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY APPROVAL OF MINUTES A. Kodiak Island Borough Regular Meetings of November 2, Special Meeting of November 9, and Regular Meeting of December 7, 2006. OSWALT moved to approve the minutes as submitted, seconded by FRIEND. VOICE VOTE ON MOTION TO APPROVE THE MINUTES CARRIED UNANIMOUSLY AWARDS AND PRESENTATION A. Employee of the Quarter Manager Gifford presented the Employee of the Quarter award to Meagan Christiansen, Secretary III in the Finance Department. B. Fiscal Year 2007 Distinguished Budget Presentation Award Manager Gifford presented the Fiscal Year 2007 Distinguished Budget Presentation award to Karleton Short, Borough Finance Officer. C. Student of the Month Mayor Selby presented the January Student of the Month award to Randy James Boskofsky, a Junior at the Port Lions High School. D. Proclamation Mayor Selby proclaimed February 8, 2007 as Coast Guard Cutter "Storis" Day, encouraging the citizens of the Kodiak Island Borough to recognize the many years of service the Coast Guard Cutter Storis has provided for the Nation, the State of Alaska and Kodiak. Kodiak Island Borough Assembly Minutes, �1 January 18, 2007 Page 1 'I MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported the Salvation Army had given a good report about the community helping out during the holiday season. He also thanked everyone for helping each other out during the winter season. UNFINISHED BUSINESS A. Resolution No. FY2007 -11 Declaring Surplus to Public Need a 6,000 Square Foot Portion of Borough Land (Lot 1A -3, U.S. Survey 3465) Located Adjacent to Lot 1, U.S. Survey 3466 and Authorizing the Borough Manager to Negotiate Directly with the Petitioners. This resolution was postponed from the November 2 and December 7 meetings. Manager Gifford reported Robert and Earlene Berg, residents of the Kodiak Island Borough, requested the disposal of borough land for fair market value, in accordance with KIBC 18.20 of a portion of lot 1A -3, US Survey 3465, located next to their principal residence for the purpose of constructing an attached residential garage addition to their existing dwelling. Per KIBC, the Planning and Zoning Commission has reviewed this land disposal request and has recommended that the Assembly declare the 6,000 square foot parcel surplus to the public's need and authorize the manager to negotiate the disposal to the adjoining landowner for full and true market value along with additional stipulations as outlined in Section 3 of Resolution No. FY2007 -11. In addition, the Assembly at the last work session, has directed the Administration to initiate the disposal of the remainder of the lot to the Elks Lodge. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell NEW BUSINESS A. CONTRACTS 1. Contract No. 2006 -39A Amendment No. 1 to Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste and Kodiak Sanitation. WILLIAMS moved to authorize the Manager to execute amendment No. 1 to Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services, LLC of Anchorage, Alaska dba Alaska Waste and Kodiak Sanitation, seconded by OSWALT. Manager Gifford reported Alaska Waste determined the City residential rate in their contract bid on the basis that they would remove the City dumpsters. This amendment would prevent that from happening. It was estimated that the yearly cost increase would be approximately $28,566 or a monthly increase of $2,380. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson 2. Contract No. FY2007 -29 Construction of West Side Toe Drain Extension at the Landfill Facility. Kodiak Island Borough Assembly Minutes January 18, 2007 Page 3 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported the Salvation Army had given a good report about the community helping out during the holiday season. He also thanked everyone for helping each other out during the winter season. UNFINISHED BUSINESS A. Resolution No. FY2007 -11 Declaring Surplus to Public Need a 6,000 Square Foot Portion of Borough Land (Lot 1A -3, U.S. Survey 3465) Located Adjacent to Lot 1, U.S. Survey 3466 and Authorizing the Borough Manager to Negotiate Directly with the Petitioners. This resolution was postponed from the November 2 and December 7 meetings. Manager Gifford reported Robert and Earlene Berg, residents of the Kodiak Island Borough, requested the disposal of borough land for fair market value, in accordance with KIBC 18.20 of a portion of lot 1A -3, US Survey 3465, located next to their principal residence for the purpose of constructing an attached residential garage addition to their existing dwelling. Per KIBC, the Planning and Zoning Commission has reviewed this land disposal request and has recommended that the Assembly declare the 6,000 square foot parcel surplus to the public's need and authorize the manager to negotiate the disposal to the adjoining landowner for full and true market value along with additional stipulations as outlined in Section 3 of Resolution No. FY2007 -11. In addition, the Assembly at the last work session, has directed the Administration to initiate the disposal of the remainder of the lot to the Elks Lodge. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell NEW BUSINESS A. CONTRACTS 1. Contract No. 2006 -39A Amendment No. 1 to Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste and Kodiak Sanitation. WILLIAMS moved to authorize the Manager to execute amendment No. 1 to Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services, LLC of Anchorage, Alaska dba Alaska Waste and Kodiak Sanitation, seconded by OSWALT. Manager Gifford reported Alaska Waste determined the City residential rate in their contract bid on the basis that they would remove the City dumpsters. This amendment would prevent that from happening. It was estimated that the yearly cost increase would be approximately $28,566 or a monthly increase of $2,380. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson Kodiak Island Borough Assembly Minutes January 18, 2007 Page 3 2. Contract No. FY2007 -29 Construction of West Side Toe Drain Extension at the Landfill Facility. FRIEND moved to authorize the Manager to execute Contract No. FY2007 -29 with Red Hook Construction, LLC of Kodiak, AK in the amount not to exceed $89,000 for the extension of the landfill toe drain system, seconded by WILLIAMS. Assembly member Lynch declared a conflict of interest. Mayor Selby excused her from participating in the discussion and voting on this matter. Manager Gifford reported this contract was for construction of the west side toe drain extension at the landfill facility. This construction project would install a toe drain extension to capture the leachate and be tied into Manhole A. Construction must be completed by May 31, 2007 in order to comply with the ADEC Solid Waste Program. A bid was received from Red Hook Construction, LLC in the amount of $89,000. Part of this project was covered under KIB's loan agreement which was already in place with ADEC and the remaining loan funds and would close the loan with the State. The remainder of the costs would come from the landfill's budget. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Oswalt, Wiliams, Abell, Branson, Friend B. RESOLUTIONS 1. Resolution No. FY2007 -17 Adopting the Kodiak Island Borough Strategic Plan for the Years 2007 -2011. WiILLIAMS moved to adopt Resolution No. FY2007 -17, seconded by BRANSON. Manager Gifford reported the Assembly held a strategic planning session on December 9, 2006 and the session culminated in the preparation of Resolution No. FY2007 -17. The Strategic Plan outlined the KIB's mission, vision, and guiding principles. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY :: Lynch, Oswalt, Williams, Abell, Branson, Friend, Jeffrey 2. Resolution No. FY2007 -18 Stating Non - Objection to Karluk Volunteer Fire Department Being Recognized by the State of Alaska as a Volunteer Fire Department to Provide Fire Protection in the Kodiak Island Borough. OSWALT moved to adopt Resolution No. FY2007 -18, seconded by BRANSON. Manager Gifford reported the State of Alaska, Department of Public Safety, Division of Fire Prevention required fire departments throughout the state located within the boundaries of recognized municipalities that they be authorized by the municipality to perform their duties before the State would register them as a fire department. The Karluk Volunteer Fire Department (VFD) has contacted the Borough requesting formal recognition. The Karluk VFD would not be affiliated with the KIB nor indemnified by the KB for any acts or omissions related to fire protection or any other action. Based on this and information provided by the State Fire Marshal's Office, staff has no objection to the existence of the Karluk VFD or to their providing fire protection services within the KIB in their respective area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Williams, Abell, Branson, Friend, Jeffrey, Lynch Kodiak Island Borough Assembly Minutes January 18, 2007 Page 4 3. Resolution No. FY2007 -19 Adopting a 2007 Federal Legislative Capital Improvement Projects Priority List. WILLIAMS moved to adopt Resolution No. FY2007 -19, seconded by FRIEND. Manager Gifford reported this resolution identified the proposed Borough's top five federal capital projects priorities for 2007. The corrected resolution for the federal capital projects priority list has all of the same projects as last year except for the Chiniak Tsunami Center Expansion Project which was removed at the request of the Chiniak Community Council. In addition, funding request for roads and trails had been added. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Oswalt, Abell, Friend, Jeffrey, Lynch, Oswalt 4. Resolution No. FY2007 -20 Adopting a Rural Communities 2007 State Legislative Capital Improvement Projects Priority List. FRIEND moved to adopt Resolution No. FY2007 -20, seconded by OSWALT. Manager Gifford reported this resolution was the 2007 Capital Projects List from rural communities of Kodiak Island Borough. This resolution indicated that the Borough supports the communities and the projects that they are seeking funding for, from the State Legislature. A corrected and revised resolution was provided with the changes to Akhiok and Larsen Bay lists. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Fiend, Jeffrey, Lynch, Oswalt, Williams C. ORDINANCES FOR INTRODUCTION - None. D. OTHER ITEMS - None. CITIZENS' COMMENTS —None. ASSEMBLY MEMBER COMMENTS Assembly members Williams and Friend had no comments. Assembly member Abell questioned as to what would be put on hold project wise in order to proceed in getting out of the metal business and what the time frame would be. Darren Muller, Ouzinkie resident, phoned in to comment on the 2007 Rural Communities State Legislative Capital Improvement Projects Priority list. Mayor Selby, in response to Mr. Muller, said the manager was negotiating the contract with the architectural services for the school bond projects and hoped to award a contract for the village projects in the next month. The plan included having the architect come to village schools and do design work. Assembly member Branson congratulated Meagan Christiansen, Karleton Short, and Student of the Month (SOM) for January, Randy James Boskofsky. Kodiak Island Borough Assembly Minutes January 18, 2007 Page 5 Assembly member Jeffrey was glad to hear from Darren Muller of Ouzinkie and informed the audience that one item on the strategic plan was to use technology to increase communication between Kodiak Island communities. Assembly member Oswalt appreciated Mr. Muller phoning in from Ouzinkie and hoped to be able to find better communications in the future. Assembly member Lynch congratulated Meagan Christiansen, Karleton Short, and SOM Randy James Boskofsky. She also congratulated the village communities in preparing the priority list and hoped the Assembly would support the leadership in the village communities. ANNOUNCEMENTS Mayor Selby announced the Assembly work session on Thursday, January 25 and the regular meeting on Thursday, February 1 have been cancelled. There would be a Joint Borough /City Council Work Session on Tuesday, February 13 at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session is scheduled on Thursday, February 8 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, February 15 at 7:30 p.m. in the Borough Assembly Chambers. The Mayor will be attending AML in Juneau on January 23 -25 and members of the Assembly will be attending the Southwest Alaska Municipal Conference in Anchorage, January 25 -26, 2007. EXECUTIVE SESSION WILLIAMS moved to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character, seconded by JEFFREY. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Williams, Abell Mayor Selby recessed the regular meeting at 8:34 pm. He reconvened the regular meeting at 9:51 p.m. No action was taken as a result of the executive session. ADJOURNMENT FRIEND moved to adjourn the meeting, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Williams, Abell, Branson The meeting adjourned at 9:51 p.m. Kodiak Island Borough Assembly Minutes January 18, 2007 Page 6 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of February 15, 2007 Item No. 13.A.1 Contract No. FY2007 -31 Contract Award — Kodiak Fisheries Research Center /Dorm Facility Janitorial Services This contract will award the custodial contract for janitorial service in the Kodiak Fisheries Research Center and dormitory for one year, with the possibility of two one -year extensions. The Borough Engineering and Facilities Department went out to bid, though two bidders were at the pre -bid conference, we received only one response: • Tuan's Island Professional Cleaning Service - • Cleaning of Dorm Apartments (as needed) - • Shampoo carpets (as needed) — Main Bldg • Shampoo carpets (as needed) - Dorm Facility References for the bidder were sought and responses were good. This contract is a greater amount than the cost of services we presently receive from All Action Cleaning, who is no longer conducting janitorial business and chose not to bid; this increase is approximately $1,185 /month. The Engineering and Facilities Department recommends awarding a three -year contract, based on yearly evaluations, for custodial services to Tuan's Island Professional Cleaning Service in the amount of $48,476 per year for daily services In addition, the cost of cleaning the dorm facilities is $75 per unit, the cost for shampooing the main building carpets is $240 per occurrence, and shampooing of the dorm facility carpets per unit is $220. Should staff be satisfied with the working relationship, two additional one -year contracts may be granted. The total amount of the contract will not exceed $150,000 for contract terms extending over a period of three years. $48,476/ year $ 75 /unit $240 /per occurrence $220 /unit FISCAL NOTES ACCOUNT NO. 555.758.480.130 555.759.486.150 Budgeted Amount: $ 150,000 APPROVAL FOR AGENDA: Manager Recommended motion: Move to authorize the manager to execute Contract No.F/2007 -31 for three years, based on performance, to Tuan's Island Professional Cleaning Service in an amount not to exceed $150,000. KODIAK FISHERIES RESEARCH CENTER/DORM FACILITY CLEANING CONTRACT AGREEMENT This Agreement is executed this day of 20 by and between the Kodiak Island Borough (hereinafter referred to as the "Borough ") and (hereinafter referred to as the "Contractor "). 1.0 GENERAL PROJECT REQUIREMENTS 1.01 CONTRACT PERIOD This contract commences from March 17, 2007 through March 31, 2008 with the option to extend, upon satisfactory performance, determined solely by the Borough Manager, for two (2) additional one (1) year periods upon the offering of the Borough Manager or designee. If the Borough makes such an offer, the Contractor will have not more than thirty (30) days to accept or refuse the offer. 1.02 BILLING INSTRUCTIONS After the services identified in this contract have been provided, then inspected and cleared by the Building Representative, the Contractor shall submit invoices for services performed to: Kodiak Island Borough Engineering/Facilities Department 710 Mill Bay Road Kodiak, AK 99615 Payment will be made based upon the unit costs as bid and attached as Bid Schedule/Exhibit A of this document. Contractor shall submit a request for payment to the Borough prior to the last work day of the month. Contractor shall be paid monthly by the Borough based on documentation provided by the Contractor for the actual work completed; this documentation will include a copy of the monthly inspection form provided to the Contractor by the Engineering/Facilities designee. The Borough will issue payment to Contractor within thirty (30) days of receipt of invoice and required documentation. 1.03 KEY CONTROL Special emphasis is placed on key control. The Contractor is required to sign for all keys. All keys are to be obtained from the Engineering/Facilities Department and are to be returned to that office upon completion of this Contract. No duplicates are to be made; in the event of lost keys, contact the Engineering/Facilities office at 486 -9343 for replacements. The Contractor shall be liable for all costs incurred due to lost or misplaced keys, including the cost of re- keying any and all doors affected. The Borough considers security a paramount issue. \\ Dove \ Departments \EF\ Administration \Assembly \Assembly meetings\2007 Assembly Meetings \February 15,2007\Janitorial Contract - KFRC \KFRC Janitorial Agreement 2007- 08.doc Page 1 of 10 1.04 CONDUCT OF WORK All work performed under this Contract shall be completed without interfering with the proper performance of the facility operation, facility business or work being done by other contractors. The Contractor shall prevent its employees from disturbing material on desks, opening drawers or cabinets, or using telephones provided for facility use. If removed for cleaning convenience, fumiture and wastebaskets will be replaced in their original locations and all electrical items will be reconnected to their outlets. NOTE: Computer terminals, monitors, keyboards or printers shall not be touched, disturbed or unplugged by the Contractor or any of its employees while performing any work under this Contract. 1.05 CONTRACTOR AND EMPLOYEE QUALIFICATIONS The Contractor and all employees shall be capable and experienced in the type of work to be performed under this Contract. The Contracting Officer may require removal of any worker from the Project whom may be deemed incompetent, insubordinate, or otherwise objectionable. The Contracting Officer may also require removal of any worker from the Project whose continued employment on the Project is deemed contrary to the public's or facilities' best interests. 1.06 CONTRACT EXTENSION Unless otherwise provided in the Contract Documents, the Borough and the Contractor agree: A. That any holding over of the Contract beyond any exercised renewal options will be considered a "month -to- month" extension. All terms and conditions as set forth in this Contract shall remain in full force and effect; B. Each party shall provide the other party with notice of intent to cancel such "month - to- month" extensions at least thirty (30) days prior to the desired date of cancellation; and C. The exercising of any renewal options to this Contract will be at the discretion of the Borough. 1.07 COMMUNICATIONS At least one (1) person at the supervisory level who can understand, speak, read, and write English fluently, must be present at all times on each shift during the performance of any work under this Contract. 1.08 PRESENCE OF MINORS No minors under eighteen (18) years of age, including family members of the Contractor or its employees, are to be on the facility site during Contract work hours and are prohibited from performing any work under this Contract. 1.09 CANCELLATION OF CONTRACT The Borough reserves the right to cancel the Contract for any reason, by providing the Contractor \\ Dove\ Departments \EF\Administration\Assembly \Assembly meetings \20O7 Assembly Meetings \February 15.2007\Janitorial Contract - KFRC \KFRC Janitorial Agreement 2007- 08.doc Page 2 or 10 with a thirty (30) day advance written notice. Cancellation shall be immediate if for any reason the premises become temporarily or permanently tenantless. If temporarily tenantless, once the premises are again usable, the Borough shall so notify the Contractor and the janitorial services shall resume as though no disruption had occurred, except that payment shall be adjusted to reflect services not performed. 1.10 INSURANCE REQUIREMENTS Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at its own expense and maintain in force at all times during the performance of services under this Contract, the fol lowing policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance - The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any employee or subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000 per person, $100,000 per occurrence. B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired and non -owned vehicles and with coverage limits not less than $100,000 per person, $300,000 per occurrence bodily injury, and $50,000 property damage. 1.11 PERFORMANCE BOND The Contractor shall furnish, as a condition to Contract Award, a Performance Bond in an amount equal to 25% of the total Contract Award amount as a security for the faithful performance of all the Contractor's obligations under the Contract Documents. The bond shall remain in effect until all obligations under this Contract have been met. All bonds shall be executed by such sureties as are authorized to do business in the State of Alaska. 1.12 INSPECTION OF WORK/DEFICIENT WORK Unless otherwise specified in the Contract Documents, the Contractor or the Contractor's designee shall, upon notification by the Borough, be present at the designated location to conduct an inspection with the Borough's representative. Such inspections are to occur on the day of \ \Dove\ Departments \EF\Administration\ Assembly \Assembly meetings \2007 Assembly Meetings \February 15.20073.1anitorial Contract - KFRC \KFRC Janitorial Agreement 2007- 08.doc Page 3 of 10 notification. Required corrections resulting from deficient work shall be accomplished immediately after the inspection or at the sole discretion of the Borough, an altemate time. If the Contractor fails to appear for an inspection or a deficiency is not corrected within the stated period of time, the Borough may have the work performed by others and deduct that cost from the next payment due under the Contract. Daily checklist items that are missed during regular shift hours will be corrected the following shift period. Failure to do so or the issuance of more than two (2) reminders per deficient item will result in the Contractor receiving a Valid Deficiency Claim (VDC). Failure to correct a deficient item of work within the established time period and in accordance with Contract requirements, shall constitute a VDC and cause the Borough's representative to issue a written notice to the Contractor. A copy of the VDC will be retained by the Contracting Officer for the Contract file. The notice shall describe each item of work that is deficient, reference the applicable Contract requirement and denote the amount of time allowed to correct each deficiency. In addition, it shall notify the Contractor of the dates of all reminders and/or VDCs issued under the Contract and describe the consequences should additional VDCs be issued. Failure to appear for a requested inspection or the issuance of more than three (3) VDCs in a twelve (12) month period will be grounds for the Contracting Officer to declare the Contractor in default and cancel the Contract. 1.13 WORK AREA INCREASE/DECREASE The Contracting Officer reserves the right to increase or decrease the work area within the Project. By signing this contract the Contractor indicates its agreement with this provision. 1.14 BUILDING SECURITY Building security is of major concern. The Contractor will ensure that all doors, indicated as security doors, are kept locked at all times except when the room/area is occupied by the agency assigned to that specific room/area of the building. All entrance doors shall be locked and all windows shall be closed and locked. 2.0 EQUIPMENT REQUIREMENTS 2.01 EQUIPMENT SPECIFICATIONS The total number of pieces of each type of equipment required to accomplish all the required scheduled tasks within the time constraints as specified in these Contract Documents is to be determined by the Contractor. All equipment that is to be used in the performance of any work called for in these Contract Documents must be rated at 15 AMPS or less. All electrical cords, feeder or extension, shall be free of cracks and/or breaks. Spliced or bound cords shall not be used. The Building Maintenance Engineer will reject the use of any equipment that is not maintained in an acceptable condition. 3.0 LISTING AND DESCRIPTION OF WORK ITEMS 3.01 SCOPE OF WORK Provide all labor, tools, equipment, materials, and supplies needed to perform the work as outlined below at the Kodiak Fisheries Research Center / Dorm Facility [Buildings]. The \\ Dove\ Departments \EF\ Administration \Assembly\Assembly meetings \2007 Assembly Meetings\February 15,2007Vanitorial Contract - KFRC \KFRC Janitorial Agreement 2007 -08.doc Page 4 of 10 Contractor must also comply with all applicable Federal and State labor, wage and hour, safety and associated laws which have a bearing on the services provided. Cleaning shall take place on a five day work schedule, Monday through Friday. All daily cleaning will commence no earlier than 5:00 p.m. and be accomplished by 7:00 a.m. with the following exceptions: New Year's Day — 1 January Martin Luther King's Birthday — 3 Monday in January Presidents' Day — 3 Monday in February Memorial Day — last Monday in May Independence Day - 4 July Labor Day — 1 Monday in September Veterans' Day — 11 November Thanksgiving Day — 4 Thursday in November Christmas Day — 25 December A. WORK AREAS INCLUDED - All offices, hallways, entryways, Interpretive Center, conference rooms, locker rooms, stairs and stairwells, common areas, and restrooms in the main building. This will include all office windows, floors and walls up to 70 inches. All paperwork and items shall remain untouched and shall not be removed from desks, even if it should appear to be trash. B. WORK AREAS EXCLUDED - No work is required in the pump house, laboratories, mechanical rooms, electrical switching rooms and telephone /equipment/computer rooms. Viewing tank and touch tank will be cleaned by Borough staff. C. DUMPSTERS/TRASH REMOVAL FROM SITE - Dumpster services are provided by the Borough. Contractor is to place all trash/debris from the facility into the dumpster. At no time will trash be stored inside the Building. D. MISCELLANEOUS SUPPLIES - The Contractor shall furnish the following supplies: - Toilet Seat Covers - Toilet Tissue - Hand Soap - Sanitary Napkins - Restroom Deodorizers - Paper Towels - Plastic Liners (to fit adequately all sizes of trash cans [including sanitary napkin disposal containers] on premises) - Urinal Deodorizers - Urinal Screens NOTE: The cost of these supplies will be the responsibility of the Contractor. E. SUPPLY AND EQUIPMENT STORAGE - When possible, a storage area will be provided for the Contractor to store equipment and supplies. The Contractor will keep this area clean and odor free at all times. F. MONTHLY MEETING WITH BUILDING REPRESENTATIVE — During the first \\ Dove\ Departments \EFWdministration \Assembly\ Assembly meetings \2007 Assembly Meetings \February 15,2007\Ianitorial Contract - KFRC \KFRC Janitorial Agreement 2007- 08.doc Page 5 of 10 week of each month, the Contractor will contact the Building Representative, by phone or personal visit, to discuss the performance on this contract. G. SQUARE FOOTAGE OF AREAS - The following square footages of flooring apply to each building. Lab Building: Carpet Stone Concrete Vinyl Flooring Ceramic Tile Housing: Carpet Vinyl 10,395 sf 2,534 sf 9,496 sf 450 sf 517 sf 3,118 sf 804 sf Floor plans are included in these documents for your use. 3.02 GENERAL SPECIFICATIONS A. DAILY SERVICES Please be aware that other (weekly, monthly, etc.) services include daily services as may be needed. • Empty trash receptacles in offices and conference rooms, replacing liners as necessary. All trash receptacles will be completely emptied on Friday evenings. No food deposited in garbage cans is to remain in the building past Friday. • Sweep, damp mop or scrub all hard surfaces in entrances, main lobby (Interpretive Center), corridors, and common areas. Please be sure to pay particular attention to this service during the winter months, as the need may be greater than at other times. • Vacuum carpeting in entrances, conference rooms, hallways and common areas. • Clean all entrance and lobby glass doors /windows. • Clean and sanitize all door handles of offices /bathrooms /common areas, etc. with antibacterial solutions. • Sanitize and disinfect stairway handrails. • Sweep and damp mop or scrub bathroom floors. Pay considerable attention to sweeping out any debris in corners. • Clean, disinfect and sanitize all toilets and urinals using disinfecting/sanitizing solutions only. This includes under toilet seats, under and around toilet bowls, and toilet handles. If scrubbing is needed, this will be done to either remove unsanitary conditions or reduce \ \ Dove \ Departments \ERAdministration\ Assembly \Assembly meetings \2007 Assembly Meetings \February 15.2007Vanitorial Contract - KFRC \KFRC Janitorial Agreement 2007- 08.doc Page 6 of 10 mineral deposit staining. • Clean and disinfect all bathroom fixtures (sinks, mirrors, paper towel & soap dispensers, walls and stall partitions) and replenish toilet supplies. • Clean kitchen /coffee area sinks, countertops and cabinet fronts. Wash inside and outside of kitchen trash can or any trash receptacle used for the collection of food remnants. • Spray buff resilient floors in main corridor, entrances, lobbies, kitchen and coffee areas, clean elevators and remove carpet stains. • Clean, disinfect and sanitize all shower stalls daily • Dust horizontal surfaces that visibly require dusting (file cabinets, tables, desks, window sills, etc.). Do not disturb papers or items while dusting. Special requests may be given via KFRC receptionist for tenants to remove certain items in order to complete this service. • Vacuum all offices which show visible signs of dirt, mud, paper waste, etc. Under and around chairs and furniture. • Clean cigarette receptacles on outside of building and around exit doors. • Clean, disinfect and sanitize drinking fountains. • Dispose of all trash and garbage generated in or about the building. • Secure, close and lock all doors and windows in the building. This must be verified before leaving the building at the end of shift. REPORT ANY MAINTENANCE PROBLEMS OBSERVED TO THE BUILDING REPRESENTATIVE B. THREE TIMES A WEEK • Damp mop and scrub the main entrance and public area (lobby) [and as needed daily]. • Damp mop around aquarium/touch tank [and as needed daily]. • Sweep or vacuum all stairways. C. WEEKLY SERVICES • Replace all wastebasket plastic liners and wipe down wastebaskets of any dirt buildup. (Replace more frequently if torn or wet.) • Remove spots and foreign matter from walls in hallways, entryways, stairways, and door jambs. • Damp mop and spray huff all resilient floors in toilets and health units. • Maintain all heater vent grills and surrounding areas in a dust and lint free condition. • Dust tops of doorjambs. • Damp wipe conference room tables [and as needed daily]. \\ Dove\ Departments \EFSAdministration \Assembly \Assembly meetings\2007 Assembly Meetings \February 1 5.2007\Janitorial Contract - KFRC \KFRC Janitorial Agreement 2007- 08.doc Page 7 of 10 • Thoroughly vacuum all carpeting. • Sweep entrance, hallways, and laundry rooms at the Dorms — to be done at a reasonable hour so as not to disturb tenants. • Damp wipe bathroom wastepaper receptacles and stall partitions. D. EVERY TWO WEEKS • Spray buff resilient and/or concrete floors in secondary corridors, entrances and lobbies. • Spray buff hard and resilient floors in office space. E. MONTHLY • Spot clean all wall surfaces within 70 inches of the floor. • Thoroughly dust all furniture. • Sanitize and disinfect stairway handrails. • Completely sweep and vacuum all carpets. F. EVERY TWO MONTHS • Damp wipe doors, windowsills and frames. • Damp wipe bathroom wastepaper receptacles, stall partitions and doors. • Shampoo entrance and elevator carpets. NOTE: Before Quarterly, Semi - annual and Annual services are performed, the Contractor will contact the Building Representative to schedule dates for this work to be performed and allow the representative time to inspect the work. Failure to follow this procedure will be cause for the Contractor to not be paid for this service. G. THREE TIMES A YEAR Services to be performed the last week of April, August and December. • Vacuum or dust wall surfaces within 70 inches of the floor, vertical surfaces and under surfaces. • Clean and polish metal and marble surfaces in lobbies and entrances. H. SEMI - ANNUAL SERVICES Services to be performed the last week of June and December. • Dust Venetian blinds. • Wash all interior office windows and other glass surfaces. • Strip and apply four coats of finish to resilient floors in the toilet areas. • Strip and refinish main corridors and other heavy traffic areas. • Dust or wash all interior light covers (inside and out) to ensure better lighting [except those areas defined in 3.01B]. • Strip bathroom stalls of oil /dirt and re -spray with stainless steel cleaner [and as needed daily]. 1. ANNUAL SERVICES \\ Dove \ Departments \EF\ Administration\ Assembly \Assembly meetings\2007 Assembly Meetings \February 15.2007\lanitorial Contract - KFRC\KFRC Janitorial Agreement 2007- 08.doc Page 8 of 10 • Wipe down all Venetian blinds and dust 6 months from washing. • Vacuum and/or dust all surfaces in the building within 70 inches from the floor, including light fixtures. • Strip and refinish floors in offices, secondary lobbies and corridors, kitchen area and coffee areas. • Shampoo carpets in corridors, lobbies and conference rooms. • Strip bathroom floors (tile and grout) and re- wax /buff. NOTE: Please provide a separate quote on the Bid Schedule for shampooing the Main Conference Room and carpeting beyond the annual requirement. K. EVERY TWO YEARS • Shampoo carpets in all offices in September of each even - numbered year, i.e., September 2008, 2010, 2012, etc. NOTE: Check off lists of services will be provided to Contractor for daily, weekly, monthly, etc., services, and will be filled out and turned in at the end of the appropriate period. L. SERVICES AT THE DORM/HOUSING FACILITY When an apartment/dorm becomes empty, and/or at the request of the Building Representative, cleaning of the facility will be required in preparation for the new tenant. NOTE: These services will be bid separately and will include: 1. Empty trash receptacles. 2. Vacuum carpets. 3. Scrub bathrooms; clean all bathroom fixtures, ensuring to sanitize and disinfect. 4. Dust horizontal surfaces and furniture. 5. Clean inside of windows. 6. Spot clean all wall surfaces within 70 inches of the floor. 7. Damp mop and spray buff all resilient floors. 8. Replenish paper towels and toilet paper. 9. Shampoo carpet once a year. 4.0 ADDITIONAL BIDDER REQUIREMENTS Bidders shall submit a resume with their Bid Package. Bidders shall submit with their quotation a list of references, including names and phone numbers, for whom similar services have been performed. This Agreement contains the entire agreement of the parties and is intended to replace and supersede all prior negotiations, understandings and agreements between the parties. No modification of the terms and conditions of this Agreement will be valid or binding on the parties unless made in writing after the date hereof and signed by an authorized representative of each of the parties. \\ Dove \ Departments\ EF \Administration\Assembly\Assembly meetings \2007 Assembly Meetings\February 15.2007\Janitorial Contract - KFRC \KFRC Janitorial Agreement 2007- 08.doc Page 9 of 10 KODIAK ISLAND BOROUGH TUAN N. TRAN dba TUAN'S ISLAND PROFESSIONAL CLEANING SERVICE By: By: Rick Gifford Tuan N. Tran, Owner Borough Manager By: Charles E. Cassidy, Director Engineering/Facilities Department ATTEST: Nova M. Javier, CMC Borough Clerk \ \ Dove \Departments \EF\Administrat ion\ Assembly \Assembly meetings \2007 Assembly Meetings \February 15,2007\Janitorial Contract - KFRC \KFRC Janitorial Agreement 2007- 08.doc Page 10 or 10 DESCRIPTION Daily Services Service 3x/Week Weekly Services Services every 2 weeks Monthly Services Services every 2 months Services 3x/Year Quarterly services Semi - Annual Services Annual Services Services every 2 years • • EXHIBIT A BID SCHEDULE Bidder Please Note: Before preparing this Bid Schedule for the Janitorial Services, read carefully the Project Requirements and the following: The Bidder shall insert a total bid amount for each item. NOTE: Failure to bid on each item may result in your bid being declared non - responsive. Basic Bid Items (Services to be Routinely Performed — KFRC Building) *NOTE: Bid Dorm Facilities Separately — See below. *Dorm Facilities Services per unit Annual Carpet shampooing per unit WORKSHEET KFRC Building Total Base Bid (Annual amount for all services) Separate amount for shampooing main conference room carpeting in addition to the annual services $ S ca $ / M e cC Name of Bidder "� • i ! " Alaska Business License # 12(0 a `fit I Expires 12131 Inc \\ Dove\ Departments \EF \Facilities \KFRC\Janitorial ContractUanitoriat 2007 -08 \Bid Schedule - Exhibit A.doc Fiscal Notes: ❑ n/a Account No. 530 -731- 450 -510 Expenditure Required: $ ❑ n/a Amount Budgeted:$90,000 1 ❑ n/a Kodiak Island Borough AGENDA STATEMENT Regular Meeting of February 15, 2007 Item No. 13.A.2 Contract No. FY2007 -32 Recycle Services with Threshold Services, Inc. The Kodiak Island Borough has worked with Threshold Services, Inc., a private non - profit entity that provides recycling services for the community. Threshold performs the necessary processing of recyclable material (sorting, processing and baling) and prepares it for off - island shipment, by using disabled individuals. This effort both saves needed space at the landfill and provides employment to those who are chronically not employable. It has been determined that KIB and USCG generate roughly equal quantities of recyclable materials. KIB material generally includes those items brought to the Threshold Recycle Center on Von Scheele or picked up by Threshold, and USCG material delivered to the Recycle Center by the base contractor. Threshold is proposing to restructure the past agreement. Presently, we are paying Threshold $7,500 /month. The proposed contract will increase to $9,000 /month up to 30,000 Ibs and a $.15 /Ib above 30,000 Ibs. Using last year's weight, this will cost the Borough an additional $42,000 /year or just over $3,500 /month. This proposed sliding scale is suggested as an equitable way to cover Threshold's added costs of processing material through the facility and to cover additional freight charges for the shipment, as well as extra utility and personnel costs. This is an open -ended contract because we do not know how much recycled material will be delivered to Threshold in the future. We can make the assumption that it will increase. Last year Threshold, Inc recycled over a million pounds of cardboard, paper (color and white), newspaper, plastics of various kinds, magazines, as well as wine bottles. Initial indications are that this will increase as the word gets out. The Kodiak Island Borough Engineering and Facilities Department recommends approving a contract to Threshold Services, Inc. for recycling services for the remainder of fiscal year 2007 & for fiscal year 2008 in the following amounts, to ship recyclable material off island. $9,000 per month, up to 30,000 Ibs; and $ .15 per lb over 30,000 Ibs. APPROVAL FOR AGENDA: Recommended motion: Move to authorize the manager to execute Contract No. FY2007- 32 with Threshold Services, Inc. of Kodiak, Alaska in the amount of $9,000 per month up to 30,000 Ibs and $ .15 per lb over 30,000 lbs. for fiscal years 2007 -2008. Threshold Services, Inc. Summary Report to Kodiak Island Borough Assembly on Recycling Matt Jamin, Threshold Treasurer I appeared before you in late July to discuss the need for a new contract with the borough if Threshold was to remain viable in its recycling efforts. Because the approximately $8000 per month revenue stream from Kodiak Sanitation had terminated, the assembly authorized payments of $17,500 per month to Threshold for August and September, and directed us to develop a fair allocation of fiscal responsibility between the United States Coast Guard (CG) and the Borough for Threshold's recycling costs. I appeared here again in October, by which time we had used the intervening two months to refine our income and expense figures, and we proposed a new model for recycling. We had also by that time purchased a scale that allowed us to weigh our product with precision. We had learned that our fixed costs are roughly $20,000 per month, and that roughly one half of the product comes to us from CG sources (almost exclusively the base refuse contractor), and one half of the product comes to us from "town" sources -- from Kodiak Sanitation drop offs, our own commercial pickup service and citizen drop offs at our plant. Because our product comes in roughly equal quantities from the two sources, we initially proposed to charge each of the CG and the Borough $9,000 per month irrespective of the amount of their product each brings to our plant, up to 30,000 Ibs (which is approximately one van load), with a $.15 per pound charge for additional deliveries. We expected that each of the Borough and the CG would in fact deliver more than 30,000 Ibs per month to our plant. Together with the revenue we receive from Smurfitt (our recyclable market in Washington), and other income, we expected this model would generate enough to cover our fixed costs, and to the extent additional product was delivered, provide us with enough marginal income to process that product. We have learned since my last meeting with you and during the course of our negotiations with the CG that if we are to have a contract with them, we must pay our people who are working with their product higher wages for the time they are actually working with the product. That has added a layer of complexity to the bidding process, but with excellent help from both the contracting and environmental people on the base, and the contracting people in Alameda, we anticipate reaching an agreement with the CG that will begin on March 1, 2007, and we have had in place since October an interim proposal with the CG which matches that we hope to institute with the Borough. To explain how the contract with the Borough will work, if the Borough generates 20,000 pounds of material in a given month, we would bill the core amount of $9000. So too if the Borough generated 30,000 pounds. But if the Borough portion in a particular month was 45,000 Ibs, the borough would be billed $9,000 for the first 30,000 lbs and 15,000 x $.15 per lb, or $2,250 for the extra 15,000 lbs, for a total of $11,250 for that month. These extra charges permit us to deal with the extra cost of moving additional product through our facility, which include increased personnel costs, increased utilities and additional freight charges from Horizon. In short, we believe that a contract with the borough for $9,000 per month, plus $.15 per lb for any material we receive in a particular month, from non CG sources, over 30,000 lbs. We are asking that this be retroactive to October 1, the date when we began our interim contact with the CG . To give you some idea what the borough's responsibility would be under this contract, Month Borough lbs. Delivered core cost extra (@ $.15/ #) total November 06 72,000 9000 6300 15,300 December 06 68,000 9000 5700 14,700 January 07 70,000 9000 6000 15,000 we provide the following table of recent deliveries by month, and the cost to the borough under the contract. It should be noted that deliveries by individuals to our drop off center have gone up significantly in the past few months, and with the increased publicity on recycling from assembly activity and more public awareness, are expected to go up even higher. Thus, last year, boro deliveries averaged about 44,000 Ibs per month. This year, they are already higher by about 50 %. We very much appreciate your willingness to try to work out a sensible arrangement. Kodiak Island Borough AGENDA STATEMENT Regular Meeting of February 15, 2007 Item No. 13.A.3 Contract No. FY2007 -33 Approval of Control Contractors, Inc. as a Provider of New Controls for Bond Projects at East Elementary School and Kodiak High School and Award of Contract to Control Contractors, Inc. for Control Work at East Elementary Included in the Bond Project Budgets for East Elementary and Kodiak High schools is the replacement of HVAC controls which are to be "replaced with new Direct Digital Controls (DDC) based on the school district's standard ". A standardization of products, installation, maintenance, training, and support services is a common practice for both economic and operational reasons. This standardization allows for the efficient handling of the facilities' mechanical control systems; the systems are integrated and networked. The use of a Preferred Product, Barber - Colman Controls, with Control Contractors of Anchorage has been in place for many years due to the uniqueness of the services. Barber Colman controls have been installed in the KIB school facilities, KFRC and the hospital and continue to be maintained and supported through a networked control system installed and managed by Control Contractors, Inc. The Department of Early Education & Development ( "DEED ") has approved the use of a Preferred Contractor /Product for these Bond Projects. A Scope of Work & Quotation has been received from Control Contractors, Inc. for the conversion of the existing pneumatic controls in the mechanical rooms at East Elementary. The Quote is $110,064.00. FISCAL NOTES ACCOUNT NO. 420 - 575 - 452 -150 Budgeted Amount: $ 110,064 Recommended motion: Move to authorize the Manager to execute Contract No. FY 2007- 33 with Control Contractors Inc. as a Provider /Installer of Barber Colman HVAC equipment at East Elementary School and Kodiak High School in an amount not to exceed $110,064.00. CONTROL To, Bob Tucker - Kodiak Borough School District Date: 9/14/06 Project: Kodiak East Elementary School Mechanical Rooms DDC Conversion - Kodiak, Alaska Subject: Mechanical Temperature Controls — Scope of Work & Quotation Bob, Please see below for scopes of work and pricing for converting existing pneumatic controls in the mechanical rooms at East Elementary. This work will include DDC control of the existing pneumatic damper actuators and control valves using electro /pneumatic transducers unless noted in the scope to help keep costs down. The actuators can be easily converted over to electronic control in the future. Library Mechanical Room AHU -1 Includes: • Demolition of existing pneumatic controls • Provide standalone NW8000 Microzones and field devices to control Library AHU -1 and CP -land 2 to match existing sequence of operations including: o Start/stop control o Fan status for alarming (new current transducer) o Freezestat — use existing o Supply, mixed and return air temperature sensors o Mixed air damper transducer — use existing pneumatic actuator o Exhaust air damper transducer — use existing pneumatic actuator o Heating coil valve transducer— use existing pneumatic actuator o Return air duct mounted CO2 sensor for minimum OSA damper control o Wall mounted bypass timer for schedule override ( location to be coordinated with KBSD) o Smoke detector input- use existing o Library room temperature control o Outside air temperature sensor o CP -1 and 2 start/stop for lead/lag control o CP -1 and 2 status - use existing flow status • Programming, engineered control drawings and product documentation • Owner training • Travel and room and board Excludes: • Web accessible Universal Network Controller and network wiring to tie all mechanical room controllers on a communication bus and graphical screen development on existing host computer with internet connection. (This work is described in another proposal see below) Base bid price for AHU -1 Library mechanical room: $18,648.00 Control Contractors, Incorporated 5660 B Street Anchorage, Alaska 99518 Fax' 907/561 -4225 * Phone 907:561 -3044 CONTRG:L Gym Mechanical Room AHU -2 and 3 Gym Fan AHU -3 Includes: • Demolition of existing pneumatic controls • Provide standalone NW8000 Microzones and field devices to control Gym fan AHU -3 to match existing sequence of operations including: o Start /stop control- high and low speed o Fan status for alarming (new current transducer) o Freezestat — use existing o Supply, mixed and return air temperature sensors o Mixed air damper transducer — use existing pneumatic actuator o Gym Relief damper transducer — use existing pneumatic actuator o Heating coil valve transducer— use existing pneumatic actuator o Return air duct mounted CO2 sensor for minimum OSA damper control o Wall mounted bypass timer for schedule override (location to be coordinated with KBSD) o Smoke detector input- use existing o Gym room thermostat with protective cover • Programming, engineered control drawings and product documentation • Owner training • Travel and room and board Gym Storage and Corridor fan AHU -2 Includes: • Demolition of existing pneumatic controls • Provide standalone NW8000 Microzones and field devices to control Gym storage and corridor fan AHU -2 to match existing sequence of operations including: o Start/stop control o Fan status for alarming (new current transducer) o Freezestat — use existing o Supply, mixed and return air temperature sensors o Mixed air damper transducer — use existing pneumatic actuator o (2) Heating coil valve transducers— use existing pneumatic actuators o Wall mounted bypass timer for schedule override (location to be coordinated with KBSD) o Smoke detector input- use existing o Corridor and storage room thermostat o EF -1 Start /stop control o EF -1 Status • Programming, engineered control drawings and product documentation • Owner training • Travel and room and board Excludes: • Web accessible Universal Network Controller and network wiring to tie all mechanical room controllers on a communication bus and graphical screen development on existing host computer with internet connection. (This work is described in another proposal see below) Control Contractors, Incorporated 5660 8 Street Anchorage, Alaska 99518 Fax: 907/561 -4225 * Phone 907 /561 -3044 CONTROL Base bid price for AHU -$ Library mechanical room: $39,540.00 Multi- Purpose Room Fan HV -1 Includes: • Demolition of existing pneumatic controls • Provide standalone NW8000 Microzones and field devices to control Multi- Purpose Room Fan HV-1 to match existing sequence of operations including: o Start/stop control o Fan status for alarming (new current transducer) o Freezestat - use existing o Supply, mixed and return air temperature sensors o Mixed air damper transducer - use existing pneumatic actuator o Heating coil valve transducers- use existing pneumatic actuators o Wall mounted bypass tinier for schedule override (location to be coordinated with KBSD) o Smoke detector input- use existing o Corridor and storage room thermostat • Programming, engineered control drawings and product documentation • Owner training • Travel and room and board Excludes: • Web accessible Universal Network Controller and network wiring to tie all mechanical room controllers on a communication bus and graphical screen development on existing host computer with Internet connection. (This work is described in another proposal see below) Base bid price for Multi - Purpose Room Fan HV -1: $17,530.00 Kitchen Makeup Air Unit -1 and Dishwasher and Kitchen Exhaust fans Includes: • Demolition of existing pneumatic controls • Provide standalone NW8000 Microzones and field devices to control Kitchen MAU -1 and monitor status of dishwasher and kitchen exhaust fans to match existing sequence of operations including: o MUA -I high and low speed Start/stop control o Fan status for alarming for MUA -1, kitchen and dishwasher EF Fans (new current transducers) o Freezestat - use existing o Supply, mixed air temperature sensors o Mixed air damper transducer - use existing pneumatic actuator o Face /Bypass damper transducer - use existing pneumatic actuator • Programming, engineered control drawings and product documentation • Owner training • Travel and room and board Control Contractors, Incorporated 566u 13 Strcel Anchorage, Alaska 99518 Fax 907 /561 -4225 ' Phone 907.561-3044 CO Excludes: • Web accessible Universal Network Controller and network wiring to tie all mechanical room controllers on a communication bus and graphical screen development on existing host computer with Internet connection. (This work is described in another proposal see below) Base bid price for Kitchen MUA -1 and Dishwasher and Kitchen Exhaust fans: $14,556.00 Web Accessible Universal Network Controller and Network Wiring Includes: • Provide and install web accessible Universal Network Controller and network wiring to tie all mechanical room controllers on a communication bus and graphical screen development on existing host computer with internet connection. (Internet connection by owner) • Programming, engineered control drawings and product documentation • Owner training • Travel and room and board Base bid price for Web Accessible Universal Network Controller and Network Wiring: $19,790.00 Note: Subtract 5% if all options of this proposal are accepted into one contract. Please call me if you have any questions or would like to talk about the scope of work. Thank you, Curtis l- toleruaw Project Sales Engineer/ Estimator Control Contractors Inc. 5660 B Street Anchorage, AK 99518 907 - 550 -2144 direct 907 -561 -4225 fax rna�l�o:ctntun�aaurr lc hctctor s.gn Control Contractors, Incorporated 5660 B Street Anchorage, Alaska 99518 Fax: 907/561 - 4225 * Phone 907 /561 -3044 22 January 2007 Mr. Don Carney Department of Early Education Development 801 W. 10th, Ste.200 P.O. Box 110500 Juneau, AK 99811 -0500 Re: Project # DR -04 -119 East Elementary HVAC Upgrade Dear Don: KODIAK ISLAND ;OROUGH ENGINEERING /FACILITIES DEPARTMENT 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9349 Phone (907) 486 -9394 Fax sadinolfi@ kib.co.kodiak.ak.us A portion of the above referenced Bond Project is the replacement of existing HVAC controls at East Elementary School here in Kodiak. I would like to provide you with some background information that could assist you in granting your Department's approval of a sole source contract for the work contained in this Project Agreement. In July of 1994 a request was made by the Director of Engineering and Facilities at the KIB that the Borough Assembly approve a Sole Source Preferred Product - Barber - Colman Controls - and a Sole Source Contract with Control Contractors of Anchorage to furnish and install these controls. I am attaching a copy of the Director's memo that supported the request. Again in 1999 another request was made to the Assembly for a Sole Source Contract with Control Contractors to provide support and maintenance of the networked control systems installed throughout the KIB School Facilities, the Fisheries Research Center and the Providence Kodiak Island Medical Center. I have attached a copy of this request. In support of both of these requests which, incidentally, were approved by the Assembly, it was noted: "It is common practice for organizations similar in size and /or scope to the KIBSD [Kodiak Island Borough School District] to standardize on a single control system manufacturer. The reason is mainly economic; inventory, training, and productivity costs dictate such a decision." Also noted: This is a sole source contract due to the uniqueness of the service. This contractor has provided the systems for all KIB buildings." Given that Control Contractors has been the sole source vendor for supplying, installing, maintaining and supporting the existing HVAC systems in all of the Borough facilities, it is our best judgment that continued use of this firm and their products is in the best interest of the Borough Facilities. We would request DEED's approval of KIB's use of a Sole Source Vendor on Project No. DR -04 -119. As always, thank you for your assistance and please let me know if there is anything further to be submitted to assist you with this approval. Sharon Lea Adinolfi Project Assistant, E/F Department Attach: [2] cc: Bud Cassidy, E/F Department Director Kenneth W. Smith, Project Manager /Inspector Robert Tucker, KIBSD Kimberly Andrews, DEED SUMMARY STATEMENT: Kodiak Island Borough AGENDA STATE The proposals and agreements are attached Recommend approval of Contract to Control Contractors Inc. for $ 35,219.00. IN17.NDEU At. ITEM NO. 13.B.3 Meeting of: May 20, 1999 Contract No. 99 - 12 ITEM TITLE: Contract with Control Contractors Inc. for System Support Agreements for the Kodiak Island Borough School District, Kodiak Fisheries Research Center and Providence Kodiak Island Medical Center. This is a sole source contract due to the uniqueness of the service. This contractor has provided the systems for all KIB buildings. This contract will provide support for the installed Siebe Environmental Controls Network 8000 control systems. This not only provides Y2K compliance it will also ensure proper operation of the controlled mechanical and electrical systems in the facilities. This will include twice a year maintenance on the chillers at the hospital which require special certification. By combining all the facilities in to one package we are able to take advantage of substantial savings. This contract will also include additional work at Larsen Bay School and Old Harbor School since a visit to the school is already necessary. FISCAL NOTES f 1N /A Expenditure Account KIB 555- 758/540- 740/232 -220 Required $ 35,219.00 Budgeted $ 35,219.00 APPROVAL FOR AGENDA: Manager: ICn,j,r1, r.a...,..J ' Meeting of: August 4, 1994 Contract No. 94 -21 ITEM TITLE: Request for Sole Source - Barber-Coleman Controls and Control Contractors of Anchorage. SUMMARY STATEMENT: Request Assembly approval to sole source Barber - Coleman Controls utilizing DDC 8000 Series as negotiated with Control Contractors of Anchorage. This will allow standardization of the HVAC systems throughout the Borough facilities. FISCAL NOTES ACCOUNT NO. [ 1 N/A Expenditure Amount Required Varies Project to Project Budgeted APPROVAL FOR AGENDA: RECOMMENDED ACTION: Mayor ITEM NO. 12.D.4 1 July 28, 1994 Kodiak Island Borough F DEPARTMENT 710 MILL BAY ROAD KODIAK, AK 99615 TO: Kodiak Island Borough Assembly i t THRU: Jerome Selby, Mayor / FROM: Steve Hobgood, Director RE: Preferred Products, Sole Source - Barber - Colman Controls, Control Contractors. The Kodiak Island Borough School District has standardized on Barber- Colman Digital Control (DDC) Systems with the final installation of this system in Peterson Elementary. DDC systems are capable of communicating with an off -site terminal to relay information regarding the status of critical mechanical systems. Since most of the controllers are of the same manufacturer, the school district utilizes one central terminal to communicate and poll each of the Barber - Colman equipped facilities. In effect, the mechanical control system of a modern facility is no longer a "stand alone" equipment system, but an integrated pan of an organization's mechanical control system for its entire facility inventory. Our requirement is that any addition to the District's inventory of school facilities simply integrate into the pre - existing DDC arca -wide system. It is common practice for organizations similar in size and/or scope to the KIBSD to standardize on a single control system manufacturer. The reason is mainly economic; inventory, training, and productivity costs dictate such a decision. For example, the following organizations currently have standardized single manufacturer control systems for their organizations: ORGANIZATION University of Alaska, Fairbanks Anchorage School District U. S. Postal Service, Alaska Juneau School District Fairbanks North Star Borough School District CONTACT PERSON Ed Barger, 474 -5690 Ed Conyers, 345 -7915 lack Fitzpatrick, 266 -3293 Lon Hadfield, 463 -1750 Len Mackler, 452 -2000 To our knowledge, no control system currently marketed in the state has more than one authorized distributor Sel any ofthc available �, �,� �.g „arc cuni,ui systems as our only approved installation will leave the District's competitive stance unchanged. With an installed base of Barber- Colman hardware over 8250,000, we feel we should continue utilizing this system as long as it makes the best economic sense. Central communication with our DDC mechanical system has become an integral part of the maintenance procedure for the School District. Through use of system polling procedures, we have averted many potential costly repairs simply by identifying facility heating/ventilation problems early, often before users realize a problem exists. We know of no other manufacturer which would directly interface with the Kodiak Island Borough Assembly July 28, 1994 ... e ,rdnsport or operating programs from one facility to another using the existing central monitoring facility. We have studied the cost/benefit equation in this situation. Obviously there is potential savings to be realized during construction of a facility by allowing more than one control system into the bidding process. The actual proprietary equipment costs in a typical elementary school amount to, at most $50,000. The potential savings in DDC proprietary equipment costs would amount to only a few thousand dollars in the most optimistic scenario. In contrast, the additional burden on the District's operating budget would include: 1. Inventory costs. Digital computer controlled systems rely in part on a limited number, but relatively expensive, solid state computer boards, the least expensive of which is approximately $8,100. Because the control system is the central nervous system of the facility, these items must be available should replacement be necessary. The School District's inventory system is in excess of $30.000. Adding another control system would increase this inventory by at least $15,000 initially space and control of parts would also have to be considered. 2. Training. The School District has invested many thousands of dollars in factory authorized training to insure we have the capability to handle the service calls as they arise and implement any new energy savings strategy which may be appropriate. Adding additional control systems would increase the District's costs substantially. 3. Lost productivity. Despite factory authorized training, our Maintenance personnel will need time to learn new systems. Any Direct Digital control system offers a wide variety of control abilities. To understand and implement this vast array of control schemes, it is imperative the maintenance staff be familiar with the installation, troubleshooting, and replacement, not only of the controller, but all other peripheral devices installed in the system. This is a major undertaking in man -hour tens. We estimate our lost productivity/additional overtime costs to be at least $8,000 the first year and tapering off beyond that. In summary, the Kodiak Island Borough Engineering/Facilities Department estimates the additional burden to the District's operating budget for each additional DDC system to be at least 525,000 to $35,000 over the first three years of each system added to the school district if that were the direction taken. Vendor and parts availability is a concern of the School District. While this is not of "life or death" importance due to the inventory, it is valuable to have a factory authorized sales and service representative in Anchorage to be readily available to lend technical assistance to engineering challenges. It is clearly in the best interest of the School District and the Kodiak Island Boron eh to retain th Barber - Colman " .�.� ovw sysiem as the only mechanical control system, providing Control Contractors of Anchorage and Barber- Colman Control Systems continue to manufacture and support it. Kodiak Island Borough Engineering/Facilities Department requests approval of Barber - Colman System 8000 hardware as the brand specific, no substitute HVAC control system for the School District facilities and that the new addition to the Kodiak Island Hospital be designed with the same system We request Kodiak Island Borough Assembly July 28, 1994 Page 3 Alaska and Washington. As stated above, this will effectively require s source from the factory dealership for this area for Barber - Colman equipment. In our judgment, this is in the best interest of the Kodiak Island Borough and Kodiak Island Borough School District. Barber - Colman is currently in use at Port Lions School, Old Harbor School, Larsen Bay School, Peterson School, and we are planning on installations at Northstar Elementary, Kodiak Island Hospital, and the Repair/Replace of HVAC Contols at Main Elementary which has been budgeted and approved as a project for the 94/95 Fiscal year. Sincerely, Steve Hobgood, Direct or Kodiak Island Borough Engineering/Facilities Department SEH/cl attachments cc. Bob Tucker, KIBSD Betty Walters, KIBSD file OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. 2007- THIS AGREEMENT, made this day of February, A.D., 2007, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Control Contractors, Inc. of Anchorage, a Corporation, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish and install the materials and to do and perform all the work and labor required in the converting of existing pneumatic controls in the mechanical rooms at East Elementary School in the Kodiak Island Borough, Kodiak, Alaska, for the sum of One Hundred Ten Thousand and Si xty-Four ($110,064.00) Dollars. The Contractor further covenants and agrees that the entire construction shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the specifications provided. In case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Contractor. To the fullest extent permitted by law, the Contractor /Manufacturer agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including Toss of use thereof, which arises out of or is in any way connected or associated with this Agreement. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at N: \EFlAdministration \Assembly \Assembly meetings \2007 Assembly Meetings\February 15,2007 \East Controls \Agreement (4).doc Page I of 4 his own expense and maintain in force at all times during the performance of services under this Agreement, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Agreement. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not Tess than $100,000.00 per person, $100,000.00 per occurrence. B . Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. The Agreement entered into by the acceptance of the Contractor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. The Agreement 2. Control Contractors' 9/14/06 Scope of Work & Quotation 3. Notice of Intent to Award 4. Notice to Proceed In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Contractor further covenants and agrees that all of said materials shall be furnished and N: \EFAdministration \Assembly \Assembly meetings \2007 Assembly Meetings \February 15.2007\East Controls \Agreement (4).doc Page 2 of 4 delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before 1 June 2007. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One F Hundred Dollars ($100.00) per day for each and every calendar day elapsing between the time stipulated, and the actual date of completion in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the Borough Manager may at his discretion, extend the period herein before specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Agreement, and in all respects to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this Agreement, or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this Agreement. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of completion /delivery, acceptance by the Kodiak Island Borough and invoicing by Contractor/Manufacturer. The bonds given by the Contractor in the sum of 50% Payment Bond, and 50% Performance Bond, to secure the proper compliance with the terms and provisions of this contract, and the plans and specifications, are hereto attached and made part thereof. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Control Contractors, Inc. have hereunto set their hands and seals, the day and year first above written. N:\EF\Administration\ Assembly \Assembly meetings \2007 Assembly Meetings \February 15,2007\East Controls \Agreement (4).doc Page 3 of 4 KODIAK ISLAND BOROUGH CONTRACTOR By Rick L. Gifford Borough Manager By Bud Cassidy Engineering/Facilities Director Attest: By Nova M. Javier, CMC Borough Clerk By Title: N: \ERAdministration \Assembly \Assembly meetings \2007 Assembly Meetings \February 15.2007 \East Controls\Agreement (4).doc Page 4 of 4 Regular Meeting of February 15, 2007 Kodiak Island Borough AGENDA STATEMENT Item No. 13.B.1 Resolution No. FY2007 -21 Supporting SB46, an Act Relating to an Extension of the Plan Revision Deadline for Coastal Management Plans From March 1, 2007 to September 1, 2007 Senator Donny Olson has introduced Senate Bill 46 (copy attached) to the Alaska State Legislature extending the Alaska Coastal Management Plan (ACMP) district plan revision from March 1, 2007 to September 1, 2007. It is our understanding that approximately ten coastal district plans, including the Kodiak Island Borough plan will expire on March 1, 2007 without the extension. The extension will ensure that our existing coastal plan doesn't expire before the new plan is complete and adopted by the Office of Coastal Resource Management (OCRM). KIB is currently revising its plan to meet the revisions required by the State and is working with State to make the revisions as quickly as possible. However, once the revisions are complete, the approval process can take several months before the plan is considered complete. Staff recommends approval of Resolution No. FY2007 -21. Recommended motion: Move to adopt Resolution No. FY 2007 -21. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -21 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Manager Gifford Introduced: 02/15/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY SUPPORTING SB46, AN ACT RELATING TO AN EXTENSION OF THE PLAN REVISION DEADLINE FOR COASTAL MANAGEMENT PLANS FROM MARCH 1, 2007 TO SEPTEMBER 1, 2007 WHEREAS, Senator Donny Olson has introduced Senate Bill 46 to the Alaska State Legislature extending the Alaska Coastal Management Plan (ACMP) district plan revision deadline from March 1, 2007 to September 1, 2007 by amending the effective date of sec. 45, ch. 24, SLA 2003, as amended by sec 21, ch. 31, SLA 2005; and WHEREAS, at least ten (10) coastal district plans will expire on March 1, 2007 without this extension; and WHEREAS, SB46 requires Alaska Department of Environmental Conservation to provide a public comment period for Outer Continental Shelf (OCS) projects. Currently there is no opportunity to comment on air or water quality issues for an OCS project during the ACMP review; and WHEREAS, SB46 also extends the deadline for revision of the ABC list from 24 months (after the Office of Coastal Resource Management (OCRM's) approval of the ACMP changes) to 30 months (i.e., from December 29, 2007 to August 29, 2008), which will allow incorporation of the new enforceable policies into the A and B list revisions; and WHEREAS, the Kodiak Island Borough is one of thirty -five coastal districts with common interest in monitoring and or regulation of development activities occurring in the coastal zone boundary; and WHEREAS, the Kodiak Island Borough has repeatedly elected to participate in the State of Alaska Coastal Management Program and has entered into a grant agreement with OPMP to amend the Borough's Coastal Management Plan by the deadline of March 1, 2007; and WHEREAS, the Department of Natural Resources (DNR), Office of Project Management and Permitting (OPMP) has approved some of the district coastal management plan revisions while other district plans are still negotiating the final language. Once approved by OPMP, the plan must be forwarded to DNR for signature before sending individual district plans to OCRM for final approval; and WHEREAS, once a district plan is reviewed and approved by DNR and OCRM, that district plan will be required to go through a local 60 day public review process before it can be adopted by local governments; and Kodiak Island Borough, Alaska Resolution No. FY2007 -21 Page 1 of 2 WHEREAS, the Kodiak Island Borough's coastal management plan revision will not meet the March 1, 2007 approval deadline. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Kodiak Island Borough Assembly supports passage of SB46 and strongly encourages House and Administrative approval to extend the Alaska Coastal Management Plan (ACMP) district plan revision deadline from March 1, 2007 to September 1, 2007. BE IT FURTHER RESOLVED, the Kodiak Island Borough Assembly is committed to completing the Borough's Coastal Management Plan revision to ensure the citizens of the Kodiak Island Borough have due deference in the public review process in coastal management decisions affecting the Borough. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -21 Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of February 15, 2007 Recommended motion: Move to adopt Resolution No. FY2007 -22. Item No. 13.8.2 Resolution No. FY2007 -22 Resolution No. FY2007 -22 Establishing Citizens Board of Equalization Dates for the Year 2007. The Board of Equalization hearing of appeals from the 2006 assessed valuations of real and personal property within the Kodiak Island Borough, Alaska will begin Tuesday, May 15, 2007 at 7:30 p.m. and will continue from day to day as established by the Board of Equalization and the Borough Clerk until all properly filed appeals have been heard. WHEREAS, part of the public notification process is the setting of dates, by resolution, of Board of Equalization hearings for appeals; and WHEREAS, the date taxes become delinquent shall be fixed by resolution; and WHEREAS, the actions are required by Alaska Statutes 29.45.240; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -22 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Borough Clerk Introduced: 02/15/2007 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING CITIZENS BOARD OF EQUALIZATION DATES FOR THE YEAR 2007 The Board of Equalization hearing of appeals from the 2006 assessed valuations of real and personal property within the Kodiak Island Borough, Alaska will begin Tuesday, May 15, 2007 at 7:30 p.m. in the assembly chambers of the Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska and will continue from day to day as established by the Board of Equalization and the borough clerk until all properly filed appeals have been heard. Section 2t The date taxes are due is October 15, 2007, unless the taxpayer elects to pay the taxes in two equal installments, then the first half is due on August 15, 2007 and the second half is due on November 15, 2007. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -22 Page 1 of 1 Nova Javier To: Assembly 10/06 Cc: Rick Gifford Subject: FW: Providence lease Forward from Assemblymember Abell. From: Tom & Chris Abell [mailto:tcabell @ptialaska.net] Sent: Monday, February 12, 2007 10:28 AM To: Nova Javier Subject: Providence lease I will be at SWAMC meetings and not able to attend the meeting in which the providence lease is voted on. I requested a copy of original lease which we did not have at the first work session (last Thursday) so as to be able to discuss what was given up in the amended lease this last year. How can you negotiate a contract when it is brought to you bare bones with no direction from manager what so ever. Since this was the first worksession on this contract there should be no less than 1 -2 more so as to give manager direction of what the assembly would like to see negotiated and then go foreword. I voted in good faith last year to amend this contract so as to benefit Providence which in turn brings more money into this communities hospital. In return KIB was not dealt with as a neighbor but all in favor of Providence. I have suggested negotiating the equipment rental of $150,000 a year down to $75,000 a year only as a suggestion. To renew a contract at the same as the last 10 years is not allowing for any thoughts of all the costs that have gone up. Business has to deal with the inflation of all kinds and this is big business. An offer from Providence to pay any amount of debt service would of at least been a good neighbor thing to do. I only would hope that this contract would be postponed for at least one more meeting in which our manager would be given direction, as at no time was he given any discussion as to this contract. So how did he negotiate? This should not be one of those hurry up and get it done because time is of essence. This could of and should of been before us long before now. I would like to say that I feel that as a medical provider Providence does an excellent job and at no time do I want to stall or jeopardize this relationship. Thank you Tom Abell 2/12/2007 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of February 15, 2007 Recommended motion: Move to adopt Resolution No. FY2007 -23. Item No.13.B.3 Resolution No. FY2007 -23 Authorizing a Renewal of the Lease with Providence Health System Alaska For The Kodiak Island Hospital and Care Center The Kodiak Island Borough leases the Kodiak Island Hospital and Care Center to Providence Health System Alaska ( "Providence ") dba Providence Kodiak Island Medical Center ( "PKIMC "). The lease includes a term of ten years with a renewal option for an additional ten years provided that Providence gives notice to do so 180 days prior to the expiration of the current lease term. The current lease term expires April 20, 2007 and on October 4, 2006 Providence gave notice of its desire to extend the lease term. The terms and conditions of any extended lease term are to be the same as those of the current lease unless the parties agree to change them and the monthly lease payments for any extended term are to be established by negotiation. The current lease amount is $720,000 per year. Don Rush, Administrator of PKIMC made a presentation to the Assembly at its January 11, 2007 work session providing an overview and financial status update of the operations of the PKIMC. Based upon Providence's request to extend the lease under the same terms and conditions and the presentation provided by PKIMC, Resolution No. FY2007 -23 extends the lease with Providence for another ten (10) years under the same terms and conditions as the current lease. WHEREAS, by means of an Amended and Restated Lease Agreement ( "the Lease ") executed in November 2005, the Kodiak Island Borough leased the premises known as the Kodiak Island Hospital and Care Center to Providence Health System Alaska ( "Providence "); and WHEREAS, the terms of the Lease included a provision by which Providence could extend its term for ten years provided it gave notice of its desire to do so 180 days prior to the expiration of the current lease term; and WHEREAS, the current lease term expires April 20, 2007, and on October 4, 2006 Providence gave notice of its desire to extend the lease term; and WHEREAS, the terms and conditions of any extended lease term are to be the same as those of the Lease unless the parties mutually agree to change them; and WHEREAS, the monthly lease • payments for any extended term are to be established by negotiation; and WHEREAS, it is in the best interest of the Kodiak Island Borough to extend the lease and to continue with the existing terms and conditions and the amount of monthly lease payments for the extended term (excluding, however, the right to renew in paragraph 4.2); NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: ATTEST: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -23 Introduced by Manager Gifford Requested by Manager Gifford Drafted by Borough Attomey Introduced: February 15, 2007 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING A RENEWAL OF THE LEASE WITH PROVIDENCE HEALTH SYSTEM ALASKA FOR THE KODIAK ISLAND HOSPITAL AND CARE CENTER The Manager is authorized to execute an agreement with Providence Health System Alaska to extend for another ten -year term, on the same terms (excluding, however, the right to renew in paragraph 4.2), the Amended and Restated Lease Agreement for the premises known as the Kodiak Island Hospital and Care Center. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No.FY2007- 23 Page 1 of 1 RENEWAL OF LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the Kodiak Island Borough a municipal corporation of the State of Alaska ( "KIB ") and Providence Health System - Washington d /b /a Providence Health System in Alaska, a Washington non- profit corporation ( "Providence "). The parties confirm: RECITALS a. They entered into an amended and restated lease agreement which commenced on April 21, 1997 and is to end on April 20, 2007, by which Providence leased the premises described as: Lot Two -A (2 -A) Hospital Subdivision according to Plat 95 -03, located in the Kodiak Recording District, Third Judicial District, State of Alaska. b. They desire to renew the term of that lease agreement. In consideration of the mutual covenants contained in this agreement, the parties agree as follows: 1. The execution of this agreement shall constitute a renewal of the basic lease agreement between the parties (excluding, however, the right to renew in paragraph 4.2) and shall extend the termination date to April 20, 2017. 2. Nothing in this agreement shall operate to discharge or release Providence or its assigns from the duty and obligation to perform each of the terms and conditions of the original lease. ATTEST: In witness, each party has caused it to be executed on the date indicated below. Nova Javier, Borough Clerk By: Kodiak Island Borough Rick L. Gifford, Its Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT By: STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT ) ) ss. Renewal of Lease Agreement - Page 2 of 2 Providence Health System - Washington d /b /a Providence Health System in Alaska E. A. Parrish, Its Regional Vice President and Chief Executive On this day personally appeared before me Rick Gifford, to me known to be the person who signed as the Manager of the Kodiak Island Borough, an Alaska municipal corporation and acknowledged that he was duly authorized to execute said instrument as the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2007. NOTARY PUBLIC for the State of Alaska My commission expires: On this day personally appeared before me E. A. Parrish, to me known to be the Regional Vice President and Chief Executive of Providence Health System - Washington d /b /a Providence Health System in Alaska the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this day of , 2007. NOTARY PUBLIC for the State of Alaska My commission expires: 4702 \960 Hospital lease renewal \Renewal Agreement 2006 2007 Actual Budget FY 2006 Providence Lease $720,000 $720,000 Facilities Fund 514,625 514,002 Transfers in - Fuller trust 66,500 66,500 1,301,125 1,302,509 Personnel services 5,000 5,000 Insurance 10,810 12,000 Debt Service 826,358 866,575 Repairs 2,667 Contribution to Providence Hospital 150,000 150,000 994,835 1,033,575 Difference $306 290 $268,934 This report is a combination of the Hospital Enterprise Fund, the Debt Service Fund, and the Facilities Fund. At June 30, 2006 the Hospital Enterprise Fund had $342,714 in cash. This amount includes the cash in the Hospital Construction Fund. CORRECTED VERSION 1 WHEREAS, by means of an Amended and Restated Lease Agreement ( "the Lease ") executed in November 2005, the Kodiak Island Borough leased the premises known as the Kodiak Island Hospital and Care Center to Providence Health System Alaska ( "Providence "); and WHEREAS, the terms of the Lease included a provision by which Providence could extend its term for ten years provided it gave notice of its desire to do so 180 days prior to the expiration of the current lease term; and WHEREAS, the current lease term expires April 20, 2007, and on October 4, 2006 Providence gave notice of its desire to extend the lease term; and WHEREAS, the terms and conditions of any extended lease term are to be the same as those of the Lease unless the parties mutually agree to change them; and WHEREAS, by negotiation, the monthly lease payments for any extended term are to be increased by $63,500; and WHEREAS, it is in the best interest of the Kodiak Island Borough to extend the lease and to continue with the existing terms and conditions and the amount of monthly lease payments fo the increased to $63,500; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: ATTEST: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -23 Introduced by: Manager Gifford Requested by Manager Gifford Drafted by: Borough Attorney Introduced: February 15, 2007 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING A RENEWAL OF THE LEASE WITH PROVIDENCE HEALTH SYSTEM ALASKA FOR THE KODIAK ISLAND HOSPITAL AND CARE CENTER The Manager is authorized to execute an agreement with Providence Health System Alaska to extend for another ten -year term, on the same basic terms (excluding, but with an increase in the monthly lease payment from $60,000 to $63,500), the Amended and Restated Lease Agreement for the premises known as the Kodiak Island Hospital and Care Center. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No.FY2007- 23 Page 1 of 1 CORRECTED VERSION 1 ATTEST: THIS AGREEMENT is made and entered into by and between the Kodiak Island Borough a municipal corporation of the State of Alaska ( "KIB ") and Providence Health System - Washington d /b /a Providence Health System in Alaska, a Washington non - profit corporation ( "Providence "). The parties confirm: Nova Javier, Borough Clerk RENEWAL OF LEASE AGREEMENT By: RECITALS a. They entered into an amended and restated lease agreement which commenced on April 21, 1997 and is to end on April 20, 2007, by which Providence leased the premises described as: Lot Two -A (2 -A) Hospital Subdivision according to Plat 95 -03, located in the Kodiak Recording District, Third Judicial District, State of Alaska. b. They desire to renew the term of that lease agreement. c. They have agreed to increase the monthly lease payments to $63.500. In consideration of the mutual covenants contained in this agreement, the parties agree as follows: 1. The execution of this agreement shall constitute a renewal of the basic lease agreement between the parties (excluding, however, the right to renew in paragraph 4.2 but with an increase in the monthly lease payment from $60,000 to $63.500) and shall extend the termination date to April 20, 2017. 2. Nothing in this agreement shall operate to discharge or release Providence or its assigns from the duty and obligation to perform each of the terms and conditions of the original lease. In witness, each party has caused it to be executed on the date indicated below. Kodiak Island Borough Rick Gifford, Its Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT ) STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) By: ) ss. On this day personally appeared before me Rick Gifford, to me known to be the person who signed as the Manager of the Kodiak Island Borough, an Alaska municipal corporation and acknowledged that he was duly authorized to execute said instrument as the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _ day of , 2007. ) ss. Providence Health System - Washington d /b /a Providence Health System in Alaska E. A. Parrish, Its Regional Vice President and Chief Executive NOTARY PUBLIC for the State of Alaska My commission expires: On this day personally appeared before me E. A. Parrish, to me known to be the Regional Vice President and Chief Executive of Providence Health System - Washington d /b /a Providence Health System in Alaska the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this day of , 2007. NOTARY PUBLIC for the State of Alaska My commission expires: 4702 \960 Hospital lease renewal \Renewal Agreement CORRECTED VERSION 2 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -23 Introduced by: Manager Gifford Requested by Manager Gifford Drafted by: Borough Attorney Introduced: February 15, 2007 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING A RENEWAL OF THE LEASE WITH PROVIDENCE HEALTH SYSTEM ALASKA FOR THE KODIAK ISLAND HOSPITAL AND CARE CENTER WHEREAS, by means of an Amended and Restated Lease Agreement ( "the Lease ") executed in November 2005, the Kodiak Island Borough leased the premises known as the Kodiak Island Hospital and Care Center to Providence Health System Alaska ( "Providence "); and WHEREAS, the terms of the Lease included a provision by which Providence could extend its term for ten years provided it gave notice of its desire to do so 180 days prior to the expiration of the current lease term; and WHEREAS, the current lease term expires April 20, 2007, and on October 4, 2006 Providence gave notice of its desire to extend the lease term; and WHEREAS, the terms and conditions of any extended lease term are to be the same as those of the Lease unless the parties mutually agree to change them; and WHEREAS. there is a mutual agreement between the parties that any extended lease term should include an amendment reducing Kodiak Island Borough's annual equipment contribution from $150.000 to $108.000 effective in the KIB fiscal year beginning July 1, 2007 and thereafter; and WHEREAS, it is in the best interest of the Kodiak Island Borough to extend the lease and to continue with the existing terms and conditions but with an amendment reducing Kodiak Island Borough's annual equipment contribution from $150,000 to $108,000 effective in the KIB fiscal year beginning July 1, 2007 and thereafter; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: The Manager is authorized to execute an agreement with Providence Health System Alaska to extend for another ten -year term, on the same basic terms (excluding Kodiak Island Borough, Alaska cn 000 t $63 500 (but with an amendment reducing Kodiak Island Borough's annual equipment contribution from $150,000 to $108,000 effective in the KIB fiscal year beginning July 1, 2007 and thereafter), the Amended and Restated Lease Agreement for the premises known as the Kodiak Island Hospital and Care Center. Resolution No.FY2007- 23 Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No.FY2007- 23 Page 2 of 2 THIS AGREEMENT is made and entered into by and between the Kodiak Island Borough a municipal corporation of the State of Alaska ( "KIB ") and Providence Health System - Washington d /b /a Providence Health System in Alaska, a Washington non - profit corporation ( "Providence "). a. They entered into an amended and restated lease agreement which commenced on April 21, 1997 and is to end on April 20, 2007, by which Providence leased the premises described as: follows: CORRECTED VERSION 2 The parties confirm: Lot Two -A (2 -A) Hospital Subdivision according to Plat 95 -03, located in the Kodiak Recording District, Third Judicial District, State of Alaska. b. They desire to renew the term of that lease agreement. c. RENEWAL OF LEASE AGREEMENT RECITALS They have agreed that there will be no increase in the monthly lease payments and that the lease agreement shall be modified to reduce Kodiak Island Borough's annual equipment contribution from $150,000 to $108,000 effective in the KIB fiscal year beginning July 1, 2007 and thereafter; and In consideration of the mutual covenants contained in this agreement, the parties agree as 1. The execution of this agreement shall constitute a renewal of the basic lease agreement between the parties (excluding, however, the right to renew in paragraph 4.2,-but-with an no increase in the monthly lease payments and shall extend the termination date to April 20, 2017. 2. Paragraphs 3.2 and 20.2 of the lease agreement between the parties are amended as follows: 3.2 NEW AND REPLACEMENT EQUIPMENT: The KIB agrees to budget a minimum of $108,000 each year effective for the KIB fiscal year beginning July 1, 2007, for purchase or lease purchase of new and replacement Equipment for use in the Hospital for the depreciable life of the equipment unless otherwise approved by KIB. This contribution will be paid to Providence on or before January 31 of each calendar year of the Agreement. Providence will place these funds in a Funded Depreciation account for the sole purpose of purchasing or lease purchasing new and replacement equipment for the Hospital. New and replacement equipment will remain on the balance sheet of Providence for the duration of the Lease Agreement. Providence, at the termination or expiration of this Agreement, including Agreement extensions, will transfer assets in an amount equal to the estimated book value of equipment (Exhibit D) purchased with KIB contributions based upon an average useful life of 5 years. Renewal of Lease Agreement - Page 1 of 3 (3) Exhibit D to the lease agreement is amended consistent with the aforementioned amendments to Paragraphs 3.2 and 20.2. A copy of the amended Exhibit D is attached hereto. 4. Nothing in this agreement shall operate to discharge or release Providence or its assigns from the duty and obligation to perform each of the terms and conditions of the original lease. ATTEST: 20.2 DEPRECIABLE CAPITAL ASSETS: KIB shall provide and pay for depreciable capital assets, mutually agreed to by KIB and Providence, including the cost of building components, land improvements, fixed equipment and building services equipment with useful lives of 10 years or more as defined by the latest edition of the American Hospital Association's Estimated Useful Lives of Depreciable Hospital Assets (Exhibit C). Providence shall provide and pay for depreciable capital assets with useful lives of 9 years or less as defined by the American Hospital Association's Estimated Useful Lives of Depreciable Hospital Assets. The Section 3.2 $108,000 equipment contribution will not be used to purchase these assets. In witness, each party has caused it to be executed on the date indicated below. By: Nova M. Javier, CMC, Borough Clerk By: Renewal of Lease Agreement - Page 2 of 3 Kodiak Island Borough Rick Gifford, Its Manager Providence Health System - Washington d /b /a Providence Health System in Alaska E. A. Parrish, Its Regional Vice President and Chief Executive FINAL KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -23 Introduced by: Manager Gifford Requested by Manager Gifford Drafted by: Borough Attorney Introduced: February 15, 2007 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING A RENEWAL OF THE LEASE WITH PROVIDENCE HEALTH SYSTEM ALASKA FOR THE KODIAK ISLAND HOSPITAL AND CARE CENTER WHEREAS, by means of an Amended and Restated Lease Agreement ( "the Lease ") executed in November 2005, the Kodiak Island Borough leased the premises known as the Kodiak Island Hospital and Care Center to Providence Health System Alaska ( "Providence "); and WHEREAS, the terms of the Lease included a provision by which Providence could extend its term for ten years provided it gave notice of its desire to do so 180 days prior to the expiration of the current lease term; and WHEREAS, the current lease term expires April 20, 2007, and on October 4, 2006 Providence gave notice of its desire to extend the lease term; and WHEREAS, the terms and conditions of any extended lease term are to be the same as those of the Lease unless the parties mutually agree to change them; and WHEREAS, there is a mutual agreement between the parties that any extended lease term should include an amendment reducing Kodiak Island Borough's annual equipment contribution from $150,000 to $108,000 effective in the KIB fiscal year beginning July 1, 2007 and thereafter; and WHEREAS, it is in the best interest of the Kodiak Island Borough to extend the lease and to continue with the existing terms and conditions but with an amendment reducing Kodiak Island Borough's annual equipment contribution from $150,000 to $108,000 effective in the KIB fiscal year beginning July 1, 2007 and thereafter; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: ATTEST: The Manager is authorized to execute an agreement with Providence Health System Alaska to extend for another ten -year term, on the same basic terms (but with an amendment reducing Kodiak Island Borough's annual equipment contribution from $150,000 to $108,000 effective in the KIB fiscal year beginning July 1, 2007 and thereafter), the Amended and Restated Lease Agreement for the premises known as the Kodiak Island Hospital and Care Center. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS _ DAY OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No.FY2007- 23 Page 1 of 1 follows: FINAL THIS AGREEMENT is made and entered into by and between the Kodiak Island Borough a municipal corporation of the State of Alaska ( "KIB ") and Providence Health System - Washington d /b /a Providence Health System in Alaska, a Washington non - profit corporation ( "Providence "). The parties confirm: RENEWAL OF LEASE AGREEMENT RECITALS a. They entered into an amended and restated lease agreement which commenced on April 21, 1997 and is to end on April 20, 2007, by which Providence leased the premises described as: Lot Two -A (2 -A) Hospital Subdivision according to Plat 95 -03, located in the Kodiak Recording District, Third Judicial District, State of Alaska. b. They desire to renew the term of that lease agreement. c. They have agreed that there will be no increase in the monthly lease payments and that the lease agreement shall be modified to reduce Kodiak Island Borough's annual equipment contribution from $150,000 to $108,000 effective in the KIB fiscal year beginning July 1, 2007 and thereafter; and In consideration of the mutual covenants contained in this agreement, the parties agree as 1. The execution of this agreement shall constitute a renewal of the basic lease agreement between the parties (excluding, however, the right to renew in paragraph 4.2, with no increase in the monthly lease payments and shall extend the termination date to April 20, 2017. 2. Paragraphs 3.2 and 20.2 of the lease agreement between the parties are amended as follows: 3.2 NEW AND REPLACEMENT EQUIPMENT: The KIB agrees to budget a minimum of $108,000 each year effective for the KIB fiscal year beginning July 1, 2007, for purchase or lease purchase of new and replacement Equipment for use in the Hospital for the depreciable life of the equipment unless otherwise approved by KIB. This contribution will be paid to Providence on or before January 31 of each calendar year of the Agreement. Providence will place these funds in a Funded Depreciation account for the sole purpose of purchasing or lease purchasing new and replacement equipment for the Hospital. New and replacement equipment will remain on the balance sheet of Providence for the duration of the Lease Agreement. Providence, at the termination or expiration of this Agreement, including Agreement extensions, will transfer assets in an amount equal to the estimated book value of equipment (Exhibit D) purchased with KIB contributions based upon an average useful life of 5 years. Renewal of Lease Agreement - Page 1 of 4 F 1 ATTEST: 20.2 DEPRECIABLE CAPITAL ASSETS: KIB shall provide and pay for depreciable capital assets, mutually agreed to by KIB and Providence, including the cost of building components, land improvements, fixed equipment and building services equipment with useful lives of 10 years or more as defined by the latest edition of the American Hospital Association's Estimated Useful Lives of Depreciable Hospital Assets (Exhibit C). Providence shall provide and pay for depreciable capital assets with useful lives of 9 years or less as defined by the American Hospital Association's Estimated Useful Lives of Depreciable Hospital Assets. The Section 3.2 $108,000 equipment contribution will not be used to purchase these assets. (3) Exhibit D to the lease agreement is amended consistent with the aforementioned amendments to Paragraphs 3.2 and 20.2. A copy of the amended Exhibit D is attached hereto. 4. Nothing in this agreement shall operate to discharge or release Providence or its assigns from the duty and obligation to perform each of the terms and conditions of the original lease. In witness, each party has caused it to be executed on the date indicated below. By: Nova M. Javier, CMC, Borough Clerk By: Renewal of Lease Agreement - Page 2 of 4 Kodiak Island Borough Rick Gifford, Its Manager Providence Health System - Washington d /b /a Providence Health System in Alaska E. A. Parrish, Its Regional Vice President and Chief Executive STATE OF ALASKA THIRD JUDICIAL DISTRICT ) On this day personally appeared before me Rick Gifford, to me known to be the person who signed as the Manager of the Kodiak Island Borough, an Alaska municipal corporation and acknowledged that he was duly authorized to execute said instrument as the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _ day of STATE OF ALASKA THIRD JUDICIAL DISTRICT ) ) ss. ) ss. On this day personally appeared before me E. A. Parrish, to me known to be the Regional Vice President and Chief Executive of Providence Health System - Washington d /b /a Providence Health System in Alaska the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this day of , 2007. Renewal of Lease Agreement - Page 3 of 4 , 2007. NOTARY PUBLIC for the State of Alaska My commission expires: NOTARY PUBLIC for the State of Alaska My commission expires: 4702 \960 Hospital lease renewal \Renewal Agreement Estimated Depreciation Year 1 Year 2 Year3 Year 4 Year 5 Year6 Year 7 Year 8 Year9 Year 10 EXHIBIT D to Renewal of Lease Agreement Estimated Book Value of KIB Contributions KIB Contributions to Providence Estimation of Book Value at Expiration/Termination of Lease Year 1 Year 2 Year 3 Year 4 Year 5 Total Yearly Contribution $108,000 $108,000 $108,000 $108,000 $108,000 $540,000 Book Value $0 $21,600 $43,200 $64,800 $86,400 $216,000 Assumptions: Useful Life of Equipment 5 Renewal of Lease Agreement - Page 4 of 4 Book Value at the End of Five Years $21,600 $21,600 $21,600 $21,600 $43,200 $21,600 $21,600 $21,600 $64,800 $21,600 $21,600 $21,600 $21,600 $86,400 $21,600 $21,600 $21,600 $21,600 $21,600 $108,000 Nova Javier To: Assembly 10/06 C ^• Rick Gifford Aject: FW: Providence lease Forward from Assemblymember Abell. From: Tom & Chris Abell [mailto:tcabell @ptialaska.net] Sent: Monday, February 12, 2007 10:28 AM To: Nova Javier Subject: Providence lease I will be at SWAMC meetings and not able to attend the meeting in which the providence lease is voted on. I requested a copy of original lease which we did not have at the first work session (last Thursday) so as to be able to discuss what was given up in the amended lease this last year. How can you negotiate a contract when it is brought to you bare bones with no direction from manager what so ever. Since this was the first worksession on this contract there should be no Tess than 1 -2 more so as to give manager direction of what the assembly would like to see negotiated and then go foreword. I voted in good faith last year to amend this contract so as to benefit Providence which in turn brings more money into this communities hospital. In return KIB was not dealt with as a neighbor but all in favor of Providence. I have suggested negotiating the equipment rental of $150,000 a year down to $75,000 a year only as a suggestion. To renew a contract at the same as the last 10 years is not allowing for any thoughts of all the costs that have gone up. Business has to deal with the inflation of all kinds and this is big business. An offer from Providence to pay any amount of debt service would of at least been a good neighbor thing to do. I only would hope that this contract would be postponed for at least one more meeting in which our manager would be given direction, as at no time was he given any discussion as to this contract. So how did he negotiate? This should not be one of those hurry up and get it done because time is of essence. This could of and should of been before us long before now. I would like to say that I feel that as a medical provider Providence does an excellent job and at no time do I want to stall or jer -rdize this relationship. Thank you Tom Abell 2/12/2007 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of February 15, 2007 Item No. 13.B.4 Resolution No. FY2007 -24 A Resolution Authorizing a Renewal of the Lease with Providence Health System Alaska For The Kodiak Island Mental Health Center Now Known as Providence Kodiak Island Counseling Center The Kodiak Island Borough leases the Kodiak Island Mental Health Center to Providence Health System Alaska ( "Providence ") dba Providence Kodiak Island Counseling Center ( "PKICC "). The lease includes a term of ten years with a renewal option for an additional ten years provided that Providence gives notice to do so 180 days prior to the expiration of the current lease term. The current lease term expires April 20, 2007 and on October 12, 2006 Providence gave notice of its desire to extend the lease term. The terms and conditions of any extended lease term are to be the same as those of the current lease unless the parties agree to change them and the monthly lease payments for any extended term are to be established by negotiation. The current lease amount is $10 per year. Don Rush, Administrator of PKIMC, made a presentation to the Assembly at its January 11, 2007 work session providing an overview and financial status update of the operations of the PKICC. Based upon Providence's request to extend the lease under the same terms and conditions and the presentation provided by PKICC, Resolution No. FY2007 -24 extends the lease with Providence for another ten (10) years under the same terms and conditions as the current lease. APPROVAL FOR AGENDA: Recommended motion: Move to adopt Resolution No. FY2007 -24. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -24 Introduced by. Manager Gifford Requested by Manager Gifford Drafted by Borough Attorney Introduced: February 15, 2007 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING A RENEWAL OF THE LEASE WITH PROVIDENCE HEALTH SYSTEM ALASKA FOR THE KODIAK ISLAND MENTAL HEALTH CENTER NOW KNOWN AS PROVIDENCE KODIAK ISLAND COUNSELING CENTER WHEREAS, by means of a Lease Agreement ( "the Lease ") executed in November 1997 the Kodiak Island Borough leased the premises known as the Kodiak Island Mental Health Center to Providence Health System Alaska ("Providence"); and WHEREAS, the terms of the Lease included a provision by which Providence could extend its term for ten years provided it gave notice of its desire to do so 180 days prior to the expiration of the current lease term; and WHEREAS, the current lease term expires April 20, 2007 and on October 12, 2006 Providence gave notice of its desire to extend the lease term; and WHEREAS, the terms and conditions of any extended lease term are to be the same as those of the Lease unless the parties mutually agree to change them; and WHEREAS, the monthly lease payments for any extended term are to be established by negotiation; and WHEREAS, it is in the best interest of the Kodiak Island Borough to extend the lease and to continue with the existing terms and conditions and the amount of monthly lease payments for the extended term (excluding, however, the right to renew in paragraph 4.2); NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: ATTEST: The Manager is authorized to execute an agreement with Providence Health System Alaska to extend for another ten -year term, on the same terms (excluding, however, the right to renew in paragraph 4.2), the Lease Agreement for the premises known as the Kodiak Island Mental Health Center. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS _ DAY OF , 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -24 Page 1 of 1 RENEWAL OF LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the Kodiak Island Borough a municipal corporation of the State of Alaska ( "KIB ") and Providence Health System - Washington d /b /a Providence Health System in Alaska, a Washington non- profit corporation ("Providence"). The parties confirm: RECITALS a. They entered into a lease agreement which commenced on January 2, 1998 and is to end on April 20, 2007, by which Providence leased the premises described as: That certain office space located in various buildings located on Lot 5A -1A, Military Reserve, U.S. Survey 2538 according to plat 95 -04 recorded in the Kodiak Recording District, Third Judicial District, State of Alaska, and more particularly described below. i. 714 Eagan Way, Kodiak Island Borough Mental Health Offices and Dorm Building Apartments A through G. ii. Partial Use of 716 Eagan Way, Kodiak Island Borough Mental Health boiler room. iii. 718 Eagan Way, Kodiak Island Borough Mental Health Offices and Dorm Building Apartments H through M. b. They desire to renew the term of that lease agreement. In consideration of the mutual covenants contained in this agreement, the parties agree as follows: 1. The execution of this agreement shall constitute a renewal of the basic lease agreement between the parties (excluding, however, the right to renew in paragraph 4.2) and shall extend the termination date to April 20, 2017. 2. Nothing in this agreement shall operate to discharge or release Providence or its assigns from the duty and obligation to perform each of the terms and conditions of the original lease. In witness, each party has caused it to be executed on the date indicated below. ATTEST: Nova Javier, Borough Clerk By: By: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) Renewal of Lease Agreement - Page 2 of 3 Kodiak Island Borough Rick Gifford, Its Manager Providence Health System - Washington d /b /a Providence Health System in Alaska E. A. Parrish, Its Regional Vice President and Chief Executive On this day personally appeared before me Rick Gifford, to me known to be the person who signed as the Manager of the Kodiak Island Borough, an Alaska municipal corporation and acknowledged that he was duly authorized to execute said instrument as the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2007. NOTARY PUBLIC for the State of Alaska My commission expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) On this day personally appeared before me E. A. Parrish, to me known to be the Regional Vice President and Chief Executive of Providence Health System - Washington d /b /a Providence Health System in Alaska the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this day of , 2007. Renewal of Lease Agreement - Page 3 of 3 NOTARY PUBLIC for the State of Alaska My commission expires: 4702 \961 PKICC lease \Renewal Agreement Kodiak Island Borough AGENDA STATEMENT Regular Meeting of February 15, 2007 Resolution No. FY2007 -25 Recommended motion: Move to adopt Resolution No. FY2007 -25. Item No. 13.B.5 Urging the Alaska State Legislature and Govemor to Secure Grant Funding for Kodiak Electric Association's Pillar Mountain Wind Project. Darron Scott, General Manager of Kodiak Electric Association (KEA), is requesting funding from the State for a wind power project to be placed on Pillar Mountain. He asked for the Borough's support by adopting the attached Resolution. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -25 Introduced by: Manager Gifford Requested by: Kodiak Electric Drafted by: Kodiak Electric Introduced: 02/15/2007 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY URGING THE ALASKA STATE LEGISLATURE AND GOVERNOR TO SECURE GRANT FUNDING FOR KODIAK ELECTRIC ASSOCIATION'S PILLAR MOUNTAIN WIND PROJECT WHEREAS, safe, reliable electric energy is an essential service for every resident within the state; and WHEREAS, renewable power provides for sustainable future power and cost stability; and WHEREAS, renewable power is crucial for the environmental health of the state; and WHEREAS, renewable power projects are in need of capital project funding to move them to the forefront of future power generation; and WHEREAS, volatile electric rates have hindered the economic development of many areas of the state; and WHEREAS, the development of renewable energy projects in Alaska such as this promotes Alaska's position in the growing economic market of renewable energy by encouraging in -state expertise and experience in a field that promises long -term global growth; and WHEREAS, the State of Alaska has a need to support the development and enhancement of its renewable power to promote future expansions, for the benefit of all Alaskans; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Governor and the Legislature are urged to support a grant for $5,000,000 to Kodiak Electric Association, Inc. for the Pillar Mountain Wind Project. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No, FY2007 -25 Page 1 of 1 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of February 15, 2007 Resolution Recommended motion: Move to adopt Resolution No. FY2007 -26. Item No.13.B.6 No. FY2007 -26 Opposing House Bill 84, An Act Relating to the Sharing of Fisheries Revenue With Municipalities and Providing For An Effective Date. Business Tax This resolution was added to the agenda by consensus of the Assembly at the last work session. APPROVAL FOR AGENDA: ATTEST: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY OPPOSING HOUSE BILL 84, AN ACT RELATING TO THE SHARING OF FISHERIES BUSINESS TAX REVENUE WITH MUNICIPALITIES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Kodiak Island Borough opposes House Bill 84, which would unfairly and inequitably redistribute fisheries tax revenues; and WHEREAS, a community that wishes to tax unprocessed seafood that may cross its docks has a mechanism to do so - a local raw fish tax and many communities in Alaska already levy such a tax; and WHEREAS, the net effect of HB84 is to penalize those communities that process the vast majority of seafood in our state in order to benefit those communities where little to no processing occurs; and WHEREAS, this equation is contradictory to our longstanding objectives to increase value -added processing in Alaska; and WHEREAS, the "hold harmless" provisions of HB84 are temporary and misleading; and WHEREAS, Fisheries- dependent communities will be hu 'mmediately and increasingly, I this bill is passed; and WHEREAS, HB84 seeks to create convenient solutions for some communities at the expense of hard working, seafood processing communities; NOW, THEREFORE, BE IT ORDAINED THAT THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH strongly opposes HB 84 and urge the Alaska Legislature to table or take no action on this bill. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -26 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Borough Clerk Introduced: 02/15/2007 Adopted: KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -26 Page 1 of 1 January 30, 2007 Southwest Alaska Municipal Conference 3300 Arctic Boulevard, Suite 203 Anchorage, AK 99503 p: 907362.7380 C 907.562.0438 www.swamc.org Representative Anna Fairclough, Co -Chair Representative Gabrielle LeDoux, Co -Chair House Community and Regional Affairs Committee Alaska State Legislature State Capitol Juneau, Alaska 99801 Dear Representatives Fairclough and LeDoux: The Southwest Alaska Municipal Conference (SWAMC) opposes House Bill 84, which would unfairly and inequitably redistribute fisheries business tax revenues. A community that wishes to tax unprocessed seafood that may cross its docks has a mechanism to do so — a local raw fish tax. Many communities in Alaska already levy such a tax. The net effect of HB84 is to penalize those communities that process the vast majority of seafood in our state in order to benefit those communities where little to no processing occurs. This equation is contradictory to our longstanding objectives to increase value- added processing in Alaska. The "hold harmless" provisions of HB84 are temporary and misleading. Fisheries - dependent communities will be hurt immediately and increasingly, if this bill is passed. HB84 seeks to create convenient solutions for some communities at the expense of hard- working, seafood processing communities. We urge you to table or take no action HB64. Respectfully, SOUTHWEST;Aj_,ASKA MUNICIPAL CONFERENCE Wanetta Ayers Executive Director ec: House Finance Committee Southwest Alaska Legislative Delegation SWAMC Board of Directors SWAMC Membership Economic development and advocacy for Southwest Alaska Economic Development District (EDD) and Alaska Regional Development Organization (ARDOR) Alaska Peninsula Aleutian Chain Bristol Bay Kodiak Island Pribilof Islands Kodiak Island Borough AGENDA STATEMENT Regular Meeting of February 15, 2007 Ordinance No. FY2007 -12 Amending Title 17, Zoning, of the Kodiak island Borough Code of Ordinances by amending section 17.02.030 Comprehensive Plan, to Incorporate the Updated Womens Bay Comprehensive Plan (December 2006). Attached is a memo from Duane Dvorak, Community Development Acting Director. Recommended motion: M advance to public hearin Item No. 13.C.1 APPROVAL FOR AGENDA: cr e No. FY2007 -12 in first reading to Memorandum DATE: February 6, 2006 TO: Rick Gifford, Borough Manager AO FROM: Duane Dvorak, Acting Director 1 Community Development Dep SUBJECT: Womens Bay Comprehensive Plan Update Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us The attached ordinance and plan documents were recommended by the KIB Planning and Zoning Commission on December 20, 2006. The Planning and Zoning Commission has conducted numerous work sessions and public hearings prior to making this recommendation. In addition to the above referenced meetings, several "town" meetings were conducted between March 11, 2003 and March 7, 2006 in order to obtain substantial input from the interested public and community organizations representing the Womens Bay community. A community survey was also developed and administered by consultants that were at one time engaged to carry forward this planning project. The plan document is comprised of a plan and an appendix. The appendix contains information on the planning process that is intended to complement the plan itself. It is intended that the plan be comprised of both documents, however, they may be published separately for those who do not need or desire the much larger appendix. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -12 Requested by: Assembly Drafted by: Community Development Department Introduced: 02/15/2007 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 17 ZONING OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES BY AMENDING SECTION 17.02.030 COMPREHENSIVE PLAN TO INCORPORATE THE WOMENS BAY COMPREHENSIVE PLAN UPDATE (DECEMBER 2006) WHEREAS, the Womens Bay Comprehensive Plan was initiated at the request of the Kodiak Island Borough Assembly; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission held the first area planning meeting in March 2003; and WHEREAS, the development of the Womens Bay Comprehensive Plan Update has had full participation by interested individuals and organizations; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has held a number of work sessions and public hearings to obtain input into the community planning process; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has recommended that the Kodiak Island Borough Assembly adopt the Womens Bay Comprehensive Plan Update and incorporate it into the Kodiak Island Borough Comprehensive Plan; 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 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended as follows: 17.02.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: G. March 1, 1082); G. Womens Bay Comprehensive Plan Update. Prepared by the Womens Bay community and the Kodiak Island Borough community development department. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2007 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -12 Page 1 of 1 Women's Bay Comprehensive Plan Update Append ix Prepared by: Kodiak Island Borough KIB Planning and Zoning Commission With: Bechtol Planning & Development ASCG Incorporated M. R. Steams Planning + Design LLC December 2006 Table of Contents Appendix A. Project History 2 B. Goals and Objectives — KIB Planning Commission 2 C. Goals and Objectives — WBC Council 5 D. KIB Study — Potential Incorporation Revenues 8 E. Memo from KIB Assessing Department 9 F. Newsletter No. 1, March 2003 11 G. March 11, 2003 Town Meeting Synopsis 12 H. WBC Survey, Spring 2003 8 I. Newsletter No. 2, August 2003 38 J. May 10, 2004 Open House — Survey Results 40 K. Summary Report: Public Comments and Next Steps — June 2005 63 L. Future Project Funding Recommendations 68 M. Women's Bay Water and Wastewater Facilities Plan (1991) 75 N. Womens Bay Community Council, March 4, 2006 O. Womens Bay Comprehensive Plan Issue Response Summary — Peterson Elementary School, March 7, 2006 Page 1 of 137 A. Project History The Womens Bay Comprehensive Plan (WBCP) update process began in November 2002. At that time, the Kodiak Island Borough hired ASCG Incorporated (ASCG) and Bechtol Planning and Development (BPD) to initiate the update of the WBCP written in 1982. During 2003 and 2004, community surveys were conducted and town hall meetings were held in Womens Bay to discuss the update process and solicit feedback on the issues, goals and objectives for the WBCP Public Hearing Draft. Numerous work sessions were also conducted during 2003 and 2004 by the KIB Planning and Zoning Commission, with the public, to discuss work products from the WBCP update process. ASCG and BP &D, with the assistance of KIB staff, prepared the initial draft of the WBCP in July 2004. KIB staff worked on finalizing the initial draft and in December 2004, the Borough hired Michelle R. Stearns M. R. Stearns Planning + Design LLC (the former KIB Community Development Director who managed the WBCP update process) to edit, finalize and publish the WBCP Public Review Draft document. The project was broken into three phases Phase I involved an extensive public participation component conducted by ASCG, Inc. and BP &D. This included meeting with KIB staff, the KIB Planning and Zoning Commission, residents, landowners, and business operators within the Womens Bay community, and conducting a Town Meeting in early March 2003. This Town Meeting was held on March 11, 2003, at which 58 participants developed issues, goals and objectives for the WBCP plan update. Chapter 5, Public Participation, of this plan provides a synopsis of the input received at the Town Meeting. A survey was distributed from March 11, 2003 to April 10, 2003. The complete, unedited written survey results can be found in the appendix of this document. A Town Meeting Report with preliminary goals and objectives was prepared by BP &D based on input from the participants at the meeting. Phase I also included outlining future project funding recommendations, reproduced in the appendix of this document. In the fall of 2003, with community review and input, the KIB staff developed a revised set of gods and objectives during Phase I which were approved by the KIB Planning Commission on October 13, 2003 and are found in Chapter 4 of this plan update. Phase II of the original scope of work with ASCG, Inc. and BPD was revised to include the following tasks: (1) Planning background and issues documentation (2) Alternative development and analysis of alternatives; (3) Selection of the draft preferred alternative; and (4) initial assembly of the WBCP Public Review Draft plan document with specific action items. Page 2 of 137 An Open House was also held during Phase II, on May 10, 2004, which was attended by approximately 48 people. KIB staff, BP &D and various members of the public, prepared extensive materials for discussion at this open house. KIB staff and BP &D prepared another survey which was distributed and completed at the Open House and facilitated the public's participation. The Open House survey was subsequently filled out by 44 people with the results included in the Appendix of this document. Phase III of the update process has been the trial editing, assembly, map production and publication of the WBCP Public Review Draft. A community meeting at Peterson Elementary School to discuss the Public Review Draft plan document was scheduled for April 19, 2005. The WBCP Public Review Draft is the result of the three phases of the project representing the planning effort undertaken by the residents landowners and business operators in Womens Bay, the KIB staff and its consultants, the KIB Planning and Zoning Commission and the public -at- large. Page 3 of 137 GOALS AND OBJECTIVES ALTERNATIVE RATIONALE Planning Area 1. Establish a There has been a considerable amount of public Definition Goals community discussion surrounding the definition of the WB planning boundary planning area boundary. The 1982 planning area encompassing the boundary included the Bells Flats and Russian Creek landowners and subdivisions, as well as the borough -owned lands in residents of the Natural Use District, portions of the Salonie Creek Women's Bay. valley, fairgrounds and other surrounding borough lands. 2. Establish a sub- This goal alternative identifies a two tier planning area regional planning approach: (1) the existing lots of the WB community; boundary that and (2) the greater surrounding planning area that extends beyond represents a number of regional public and private the core lands, issues and interests. Separating the two areas community allows for the development of goals and objectives that planning area and includes lands and waters of regional significance. are unique to the two different planning areas. Planning Area 1. Include the Bells Based upon AK DOL 2002 projections, the Bells Flats Objectives Flats and Russian and Russian Creek subdivisions represent a Creek subdivisions population of approximately 750 persons. These two in the core main subdivisions are primarily residential, with some Women's Bay lands also zoned and used for business and industrial community planning area. uses 2. Include the This alternative emphasizes the importance of Natural Use comprehensive planning on a community scale, while District, Salonie also recognizing the need to plan for the greater sub - Creek, the fairgrounds and other appropriate lands and waters within the watersheds surrounding the regional area that surrounds the WB community. Women's Bay community in the regional planning area. B. Goals and Objectives - KIB Planning Commission Approved by KIB Planning and Zoning Commission on October 15, 2003 Regular Meeting Page 4 of 137 GOALS AND OBJECTIVES ALTERNATIVE RATIONALE Land Use Goals 1. Guide the use of The population of WB has fluctuated since 1991. The land in a manner highest reported population for the area was 843 in that provides for 1991; and the lowest reported figure during the last 12 orderly and years has been 662 in 1997. Residential development compatible of the area has increased substantially over the last community and 10 years through increased subdivision and home regional growth. building activities. Land Use 1. Inventory and A thorough background study and inventory of Objectives analyze existing existing land uses would provide data on the type and land uses within intensity of land uses in both planning areas. This in the WB turn would be useful in analyzing the significance of Community the existing zoning designations and for the Planning boundary development of a future land use plan and zoning and the greater regional planning area. map on a community and regional level. 2. Compile and The Borough has recently begun a GPS /GIS study of analyze (through trail locations and conditions in the Natural Use GIS application District. Other relevant data the borough will be where available) all data relevant to natural and cultural incorporating into its GIS system includes: soils, hydrology, vegetation, wetlands, geology, topography, fish and wildlife habitat information, natural hazards resources in the areas, natural resources such as sand and gravel WB and greater regional planning areas, and cultural features such as existing roads, parks, other community facilities, and infrastructure area. needs. 3. Identify existing A thorough study of lands currently zoned industrial as and use conflicts well as other potential resource lands, would provide and analyze and information useful to the planning process. develop methods Specifically, existing and potential gravel material for mitigating and resource areas should be identified on a regional reducing existing basis and analyzed for their potential development and future conflicts. opportunities and constraints. 4. Evaluate Lands in the immediate WB community area are existing land use currently zoned industrial, business, rural residential and zoning (RR1), public use, conservation and natural use. designations and Public input received at the 3/11/03 Town Meeting recommend an conducted by ASCG /Bechtol dearly demonstrated updated land use that citizens who live in the area value a rural plan and zoning residential lifestyle. Additionally, the 1982 WB Plan map. identified a philosophy of "maintaining a rural residential area with decisions about the community to be based on this premise and commercial and industrial area segregation °. It should also be noted that some industrial use landowners and operators have also voiced concerns through the planning process over the maintenance of the existing industrial zoning. Criteria and policies should be developed through the planning process that will establish a preferred land use plan and zoning map for the WB core and regional area. Page 5 of 137 GOALS AND OBJECTIVES ALTERNATIVE RATIONALE Land Use 5. Evaluate short- Many school -age children within the WB core area Objectives term and long -term currently attend Petersen Elementary School or (Cont'd) community Kodiak Middle and High schools. The WB fire facilities and station /community hall and Panamaroff Creek Park infrastructure are the only existing community facilities. There is needs. additional vacant land in the WB area zoned Public Use Land. Existing population needs, trends and projections should be considered to plan for any future community needs and facilities. Government 1. Investigate the The objective of potentially establishing a portion of Goal costs and benefits the area as a second -dass city in the future has been involved in the discussed in the past. A water and sewer study that incorporation of the may be relevant to this analysis was completed by WB community as a second -class HDR in 1991 for the Women's Bay area. city. This goal recognizes current governmental responsibilities and identifies the need to further document the relevant issues costs and benefits associated with the potential future establishment of a second-class city in the WB area. Public Health 1. Identify and The WB residential community has grown significantly and Safety analyze water, during the last 10 years. As part of the "background Goals sewer, utilities, and study, this goal addresses the need for adequate road and fire data to support the analysis of issues related to public service area issues health and safety, such as adequate clean water and and concerns. areas for future waste disposal. Natural Use 1. Determine the The attached maps depict the boundaries of the areas Area Goal highest and best zoned Natural Use in 1989. An initial plan was drafted use of the in 1997 for the area, but was never finalized or surrounding area reviewed and adopted by the Borough Assembly. This zoned Natural Use goal recognizes the intent of the Natural Use Zoning and develop a plan in these areas, and the need to inventory and analyze for its future uses the resources and existing uses in this area, and to and management. prepare a plan for future land uses and land management. Page 6 of 137 C. Goals and Objectives - WBC Council Abstract: The following set of draft goals and objectives was jointly developed by the Women's Bay Community Council and various residents of the Community. This serves as a draft for an update of goals and objectives to the original Women's Bay Community Plan, which originally was prepared by the Women's Bay Community and the Kodiak Island Borough Community Development Department. (Adopted by Resolution No. 82- 6-R, dated March 4, 1982.) Goals and Objectives for the Women's Bay Comprehensive Plan 2003 Revised Draft 1. Goal: Provide comprehensive land, water, and air policies, uses, and zoning recommendations for the area of land and waters within the Women's Bay watershed including the marine waters of Women's Bay. Objectives: a. Maintain the high quality natural environment within the planning area. b. Cluster like zoning districts together whenever possible and avoid mixing them in an unplanned manner in adjacent areas (Move toward creation of buffer zones between industrial and residential areas). c. Phase out existing conflicting zoning designations on B- Parcels that do not provide buffer zones between residential and other zoning designations. d. Work toward change zoning of B Parcels to public use, natural use, or conservation areas zoning classification. e. Update the Women's Bay Comprehensive Plan periodically (e.g. every 5 years) or on a needs be basis to provide an up -to -date plan that reflects the needs and desires of Women's Bay community residents. f. Identify and designate sites for material extraction within the Women's Bay planning area. g. Follow the intent of both the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. Prohibit the mooring and or sinking of derelict vessels in Women's Bay. h. Protection of the watershed is imperative for future growth to support a municipal water system. i. Encourage KIB to research and pursue grants for funding of capital improvements and implementation of this plan. 2. Goal: Include the 1989 boundaries and intent for the Women's Bay Natural Use Area* (WBNUA) and protect it from any future Kodiak Island Borough (KIB) land disposals in that area. ( *Jack & Lee Lakes area and proximity.) Objectives: a. Develop a plan for the WBNUA. Then provide for needed capital improvements stated in that plan which are consistent with the intent and ordinances of the Natural Use (NU) zoning district (Chapter 17.12 of the Kodiak Island Borough codes). Page 7 of 137 b. The WBNU Plan should be completed by 2004 with final adoption approved by KIB Planning and Zoning Commission and Assembly. The area's name could be changed to Women's Bay Park or Women's Bay Natural Use Park to help identify the area to borough residents. c. Natural Use zoning matches the area's past and present best uses by the protection of watershed, fish and wildlife habitat, and low impact recreational uses. 3. Goal: Criteria for land disposal needs to be developed prior to any KIB land sales Objectives: a. A portion of the KIB money derived from land disposals must be earmarked for use by the Women's Bay Road and Fire Service Districts for the added areas of service coverage. b. Lot sizes could vary from 40,000 sq ft to 5 acres depending on topography, slope, water availability, soil depth, etc. c. Platted roads should be developed to Borough code prior to land sales. 4. Goal: Minimize development in river /creek flood plains, tsunami surge zones or at the bases of unstable quarry or mountain sides. Objectives: a. Establish and or maintain tsunami warning sirens, develop tsunami evacuation plans and locate pertinent signs. Restore the Sargent Creek bridge to the Burma Road as an escape route during a tsunami or other emergencies. 5. Goal: Maintain rural setting of Women's Bay Community. Objectives: a) Develop light and noise standards within the planning area. b) Develop transportation trails for non - motorized vehicles (i.e. foot paths, bike paths, horse trails, etc.) c) Industrial uses will operate within noise standards established by the Kodiak Island Borough. 6. Goal: Identify and designate areas for public access in Women's Bay. Objectives: a. Provide areas for public launch sites for skiffs and small pleasure craft. b. Provide public access to the shoreline for recreational purposes. 7. Goal: Provide for enforcement of the Women's Bay Community's Comprehensive Plan and its goals and objectives. Objectives: a. Encourage the KIB to enforce Borough Codes and zoning ordinances. b. Eliminate illegal vehicle usage on borough and state roads, and on road less borough lands in the planning area. c. Request that Alaska State Troopers enforce laws regarding illegal usage of vehicles on both State and borough paved roads. Page 8 of 137 d. Work to eliminate conflicts among competitive recreational uses. 8. Goal: Develop and maintain updated GIS data bases and data maps of the Women's Bay planning area in support of future land use application within the Women's Bay planning area. Apply these databases and maps to the 5 -year plan review (le above) and other land use considerations. Objectives: a. Develop GIS data bases and maps of: 1) natural physical attributes of the Women's Bay planning area including the topography, geology, hydrology and climate; 2) ecological characteristics including maps of anadramous fish streams, wildlife habitat, coastal and freshwater wetlands, etc. 3) natural hazard maps including slope stability, flood, seismic, and tsunami hazard map and GIS databases. 4) natural resources including sand and gravel, quarry rock, surface water, and ground water. 4) infrastructure and land use including transportation, utility, and communication networks, population demographics, existing land uses, value, ownership, etc. and other maps /data bases as needed Page 9 of 137 Subdivision Status Size (acres) Value t Regional Plan Area Mixed 9,290.00 unassigned Bells Flats/ Russian Creek/ Russian River Taxable 760.50 $42,753,037.00 Tax Revenue $534,412.96 Remainder (after KIBSD allotment) $80,161.94 Lash Terminal Taxable 7.20 $3,905,327.00 SeaviewSub Taxable 34.50 $1,260,900.00 USS 2539 Lt 34 Taxable 44.94 $511,000.00 Cliff Pt Est Taxable 430.00 $3,660,300.00 Total Assessed $9,337,527.00 Tax Revenue $116,719.09 Remainder (after KIBSD allotment) $17,507.86 Total Potential Revenue Available to Fund new city $97,669.81 D. KIB Study - Potential Incorporation Revenues Table 1. Potential Municipal Incorporation Revenues 1 Source: KIB Assessors Data 2003 Page 10 of 137 E. Memo from KIB Assessing Department Date: April 30, 2003 To: Planning and Zoning Commission From: Resource Management/Assessing Department Re: Womens Bay Community Plan: Borough Lands Kodiak Island Borough Assessing Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9351 Fax (907) 486 -9395 E- mail: rscholze@kib.co.k The Planning Commission and Assembly should periodically review public property tc determine, in light of changing circumstances and evolving land development patterns, whether land characterized as public by ownership and zoning remains appropriately designated for a public purpose. This is consistent with the Assembly's strategic plan, which states as a General Administration and Finance Goal: "Continue to review and implement land sale strategies that are in balance with the real estate market and provide the transfer of developable public lands to the private sector in a cost effective manner." The successful Borough land sale conducted in 2001 included properties along Sargent Creek Road that were designated as surplus to a public purpose, subsequently rezoned residential and subdivided Four of those five lots now contain houses. New home construction spurred by attractive rural financing over the past few years has seen a build -out of the majority of available residential lots in the Womens Bay area. Land disposal not only helps satisfy this market demand, but also fulfills the Borough's Municipal Lands Entitlement trust to transfer parcels not needed for public purpose into private ownership. That is, in fact, the mechanism by which virtually all residential properties in the Bells Flats area became privately owned, many then further subdivided by the original owners who acquired the properties at MB land sale. Four other properties in Womens Bay were also designated surplus to a public purpose at that time and await rezone and subdivision to be ready for a future land sale. These are Lots 15 and 19 in Russian Creek Subdivision on Noch Drive, and Tracts 0 and H bordered by Alitak and Chiniak Drives in Sargent Creek Subdivision. Tracts (1 and H underscore another reason for Page 11 of 137 transfer of appropriate parcels into private ownership, which is prevention of indiscriminat destruction of ground cover, vegetation and water courses by unauthorized off -road vehicl activity. There are also other parcels in the Womens Bay area, especially those adjacent to establishes infrastructure, that merit consideration of appropriateness for future disposal. These include tracts within the Natural Use Area at its fringe along upper Sargent Creek Drive and Middle Ba: Drive, presently maintained by the road service district. Low density residential could readily b designed in a way that would compromise neither the integrity of the 5,000 acre Natural Us' Area nor its intent to protect the Jack/Lee Lake system and the watershed. This planning process is an opportunity to explore that potential without foreclosing on an: possibilities, remaining consistent with the Kodiak Island Borough Comprehensive Plan as wel as the Assembly's Strategic Plan. CC: Borough Assembly and Manager Womens Bay Service Area Board Page 12 of 137 F. Newsletter No. 1, March 2003 ! m Ba a'iunity ens pens A iga walMlcr Number I Visioning Womens Bay Community WOMENS BAY COMMUNITY PLAN UPDATE The Kodiak Island Borough has hired ASCG Incorporated to update and amend the existing 1982 Womens Bay Community Plan. Phase I of the community plan update includes holding a Town Meeting to obtain community input for draft goals and objectives. The following are visioning questions that will help determine the draft goals and objectives of the Womens Bay Community Plan: • What do you consider the boundaries of WBC? • What do you like about living in WBC? • What do you not like about WBC? • What types of land uses should be encouraged in WBC? • Do you have environmental concerns? • What infrastructure, roads, and utilities are needed? • What is your 20 -year vision for WBC? The Womens Bay Plan update is intended to be a collaborative process involving the public along with the Kodiak Island Borough, the MB Planning and Zoning Commission, Womens Bay Community Council, landowners, and state and federal agencies. The purpose of the plan update is to reflect the current conditions and future need of the community. A Town Meeting will be held on Tuesday, Mardi 11 from 5:00 to 9:00 p.m. at the Peterson Elementary Sdrool at the Coast Guard Base. You are invited to drop by anytime from 5:00 to 9:00 p.m. to learn about the project, fill out a survey form, and to share your experience, concerns, and ideas. A visioning workshop will be held from 6:00 to 8:00 p.m. Please cane join us! Your contribution to the planning process is vital to the Womens Bay Community Plan update. Page 13 of 137 Background G. March 11, 2003 Town Meeting Synopsis On March 11, 2003 from 5 p.m. to 9 p.m., the community of Women's Bay came together at a Town Meeting. Over 58 people attended this meeting to participate in the Women's Bay Community Plan Update. From 5 p.m. to 6 p.m. people filled out surveys and put their thoughts down on flip charts placed around the room each with a specific issue From 6 p.m. to 9 p.m. the community addressed the following questions in a facilitated group session. This report is a compilation of the responses directly from the meeting, without editing. This input from the Town Meeting will provide the basis for developing goals, objectives and actions for the plan update. The Kodiak Island Borough Planning Commission will review the Town Meeting Report and the survey responses and emails at their April 30, 2003 work session. The public is invited to attend the work session. To obtain a copy of the complete Town Meeting Report, with the survey responses and emails, please call the KIB Planning Department. Copies of the report can also be obtained at the Women's Bay Community Firehouse. What do you consider the boundaries of WBC? ➢ Wilderness areas, Jack Lake area and rivers ➢ Part of Coast Guard — area that is not the main Coast Guard Base ➢ Areas that can be accessed or have been developed ➢ Keep existing boundary ➢ Marine Hill ➢ Salonie Creek ➢ Wildemess areas behind the Natural Use Area ➢ Need topographic map of the 1982 metes and bounds description S. The area included in the 1987 Natural Use Plan ➢ Use watershed boundaries ➢ Do not include Salonie Creek drainage What do you like about living in WBC? ➢ Rural Residential atmosphere, Quiet, Large lots ➢ Lack of streetlights. ➢ Agricultural environment ➢ People stay in area ➢ No overhead utilities ➢ Ability to keep horses ➢ Likes the shooting range near by ➢ Clean lakes, Clean air ➢ The views and mountains ➢ No traffic ➢ Close to creeks and rivers, Close proximity to wildemess Page 14 of 137 Y. Remoteness, away from town ➢ Large natural recreation area ➢ Homes that blend in with the natural terrain ➢ Wildlife in the back yard ➢ People are tolerant, "live, and let live ", People are neighborly ➢ Comfortable raising a family ➢ Low crime, Feel safe What do you not like about WBC? ➢ Soil Remediation Plant nearby ➢ Salonie Creek drainage beach not accessible due to fumes ➢ No greenbelts/parks for children ➢ Dangerous /industrial areas ➢ Roads too narrow for walking ➢ Liter — have to clean up road sides ➢ Access to Salonie Creek range is not accessible to the public ➢ Small lot sizes ➢ Substandard well and septic systems ➢ Lack of setbacks ➢ Lack of getting along with neighbors ➢ Utilities not being buried deep enough ➢ Industrial zone in residential area ➢ Current noncompliance with Borough "natural use area" zoning regarding no motorized vehicles, signage, etc. ➢ The fact that Women's Bay gets all the junk and unsightly development that other parts of the KIB do not want in their neighborhood ➢ Garbage dumpsters and brokenpromises to fix it ➢ Dump located on livestock area ➢ No lights near the dumpsters ➢ Noise — area easily impacted due to development ➢ Fire trucks are old ➢ No year round fire reservoir ➢ Misuse of land — too many animals on small lots ➢ Lack of buffer zones between different zoning uses ➢ No room on sides of roads to walk on ➢ Boasts /docks at head of bay are dilapidated and derelict ➢ Attitude of "we have our nice to place to live and other people can find some place else to live ". ➢ Visual impact of heavy industrial ➢ Lack of public ownership of beaches ➢ Unpaved roads ➢ Gated Salonie Creek Valley — public access gate is located one mile from range ➢ Other people's animals running loose ➢ Noise from all terrain vehicles and shooting range ➢ Utility easements drawn on maps do not fit the topography, need feasible easements What Types of Land Uses Should be encouraged in WBC? ➢ Leave Natural Use Area undeveloped (as is) Page 15 of 137 Comment [all: t remember this was stated in the meeting but can't remember what it meant ➢ Have agricultural co -op clean up recycling property site ➢ Turn the soil remediation plant property into a park as that property was designated in the 1975 comp plan ➢ Sargent Creek needs to be regarded to fix flooding ➢ Any more development of Natural Use area will cause drainage and congestion problems ➢ Large lot residential single family should be encouraged ➢ More trails or access between areas besides the main skinny roads ➢ No more development in Natural Use area — no more residential or industrial uses ➢ Land by fairgrounds should be left as recreational and not developed ➢ See if KIB can buy property by fairgrounds for residential uses ➢ Develop bike trails, no motorized access uses ➢ Salonie Creek is a potential industrial site ➢ Determine how much gravel is left at current extraction sites ➢ Land uses that should be developed are: commercial, business, industrial and residential uses ➢ Keep recreational land use, less residential development ➢ Policing misuse of land. ➢ Bike trails, No motorized access, along the highway too ➢ Look for alternative industrial areas away from residential and park areas ➢ Historical, commercial, business rental, storage, sport uses should be encouraged ➢ Residential uses ➢ Ball fields ➢ Gravel extraction areas converted to salmon ponds ➢ Russian Creek side - convert to residential ➢ Determine what types of land uses are compatible ➢ Require that cable and telephone lines be installed below ground ➢ Parks and trails ➢ Organized centralized recycling ➢ Single family residential uses ➢ Grade school ➢ Sewer and water systems ➢ Require 40,000 square feet minimum lot sizes ➢ Rezone business district into residential zoning district ➢ Community building ➢ Lighted waling path ➢ Keep all utilities below ground ➢ Develop platted roads Recreation Issues ➢ Develop soil remediation area as a park, with a lake and a shelter ➢ Access to natural use area must be maintained ➢ All user groups should be considered in Salonie Creek, not one use ➢ Maintain Women's Bay Natural Use area ➢ Develop parks for kids, multiple parks ➢ Borough is working on comprehensive trails plan eventually leading to a recreation plan ➢ Fairground area may be potential site for recreational area, not residential uses Page 16 of 137 Salonie Creek Issues ➢ This is a very wild area that should be protected, it has bears, foxes, otters, salmon and other wildlife ➢ Potential as a Borough land disposal area ➢ Four wheelers behind range is an issue ➢ Should fence the area behind the range ➢ Noise from shooting range an issue ➢ Shoot range is too loud ➢ This area could be designated as a natural use area ➢ Why is the gate to the shooting range a mile from the lease? ➢ Could be a good location for an industrial zone ➢ Road should be open to the public. ➢ Salonie Creek should be accessed as a potential gravel site ➢ Consider a day use fee system for shooting range ➢ The shooting range is a good thing ➢ Concerned regarding shooting hazards ➢ The gate is at Salonie Creek because of insurance Quality of Life Issues ➢ Do not agree with the 1982 Plan which states that industrial and residential uses should be segregated ➢ Rezone industrial property in Women's Bay to residential ➢ Change the Brechan property into a park as per their original lease ➢ Do not increase density, keep as Rural Residential I ➢ USR — Go away ➢ Clean up entrance to Sargent Creek Government Issues ➢ Democracy is an issue, Women's Bay Community is not able to vote on the issues ➢ Require that all developments are required to go through the Coastal Management Plan permitting process ➢ Enforce existing regulations in Natural Use area ➢ Determine the population and demography of Women's Bay Community ➢ Women's Bay Community grew according to the 2000 US Census as opposed to rest of island Economy Issues ➢ Economy has changed since 1982 comprehensive plan ➢ State /Borough /USCG extraction areas could be used for salmon ponds ➢ Bleak S. Salmon spawning ponds would be economic development ➢ Infrastructure costs ➢ Industry is important to economy ➢ Natural use area ➢ Waterfowl viewing and other environmental tourism ➢ Industrial activities that are compatible should be encouraged Page 17 of 137 ➢ Infrastructure issues ➢ Gravel sites need to be found ➢ Lakes are important for recreational uses History /Cultural Resources Issues ➢ Old military sites — inventory what is there ➢ How do they decommission what remains? ➢ Fairgrounds use to be a dairy and then a golf course ➢ Cliff point important archeological site ➢ Salonie Creek range is a historical site Environment and Coastal Resources Issues ➢ Leave Natural Use area as is ➢ Natural Use area should remain a park ➢ Should be as it says — Natural use- as in nature — to enjoy without changing Land Use issues ➢ Soil remediation plant ➢ Land disposal area ➢ Turn soil remediation property into a park as per the 1975 plan ➢ Do not develop the Natural Use area ➢ Density ➢ Poor use of land — too many animals on too small of a space Transportation and Utility Issues ➢ Continue well and septic — and clean air and water standards to protect these utilities ➢ Gravel /mining ➢ Brechan has extracted about 1 million cubic yards of gravel since 1982 ➢ Bells Flats contains very good gravel ➢ Other sources of gravel are not as economical due to poorer quality and greater haul distance ➢ There is enough gravel to last until approximately 2015 ➢ Brechan is looking towards the plan to know if residents want the pits to become recreational lakes; this makes a difference in how deep they are mined ➢ KIB needs to find new sources of gravel ➢ It takes approximately 13 months for permits once a site is identified and then one year to develop Miscellaneous Issues ➢ Establish a flood plain boundary ➢ Prepare a hazard mitigation plan ➢ Develop alternative emergency access ➢ Planning is essential ➢ Find altemative gravel sites Page 18 of 137 H. WBC Survey, Spring 2003 Womens Bay Community Survey The Kodiak ltd Borough has hired CRY; Incorporated N update and amend the existing 1982 Wmnens Bay Community Plan. The following are visioning questions that will help *terrine the draft gaaLs and objectives of the Womens Bav CommnmN Plan: • What do you consider the boundaries of WBC? • What do you like about living in WBC? • What do you not like about WBC? • What types of land user should be encouraged in WBC? • Do you have environmental concerns? • What. rinds and utilities. such as sewer and water. are needed? • What recreational . facilities. parks and trails are needed? • How should the public property at .Salome Creek and the natural use area be used in the fitture? • What is your NI -year vision for WBC'? (Opl/oaal) Name Phone Address Fax E -mail Page 20 of 137 The following, unedited survey responses to the WBC survey were received during the period from March 11, 2003 to April 10, 2003. What do you consider the boundaries of WBC? ➢ If a homeowner can hear it (Fairgrounds, Salonie Creek) smell it or see it, the land "it" sits on belongs in the boundary. ➢ Between Fairgrounds and the west side of Kashavorak Mountain. This, of course, does not include Salonie Creek. S. The watershed for Women's Bay. Follow Old Women's Mountain to all ridge /mountain tops down to Cliff Point. ➢ Women's Bay encompasses all the area from the Coast Guard Base to Cliff Point and drainage areas. ➢ Women's Bay — or the area from Buskin River to Cliff Point (the drainage areas drawn on the map). ➢ 11,000 acre existing area. ➢ From top of Marine Hill — entire watershed to beginning of industry where (unreadable) is. ➢ Don't know ➢ All area that drains into Women's Bay. ➢ Having knowledge of the boundaries of the area, the boundaries must expand to allow for increased tax base and development. ➢ Marine Hill, land beyond Jacks Lake, Old Women's Mountain. ➢ Valley and flats bounded by Cope and Kashavarof Mountains. ➢ Salonie, Russian and Sargent Creek watersheds /drainage areas ➢ Along the coast from the bottom of Marine Hill to the Lash Dock inland to the uppermost end of Salonie Creek and inland on the uppermost end of Russian and Sargent Creek drainage, i.e. drainage divide — watershed, entire drainage area. ➢ We should go as far as Coast Guard to Lash Dock as that area is used for industry. ➢ The head of Women's Bay from Salonie Creek to the fairgrounds back to Jacks Lake. ➢ From the Coast Guard to Marine Hill. ➢ Land surrounding the shoreline of Women's Bay. ➢ I believe that the watershed determines the boundaries. From my best understanding, Salonie Creek (or perhaps Kashavarof) to the Fairgrounds or Lash Docks. ➢ From Coast Guard base to southwest of Cliff Point Center Mountain, Sheratin Range for watershed runoff. ➢ Lash Dock to Salonie Creek. ➢ From the Coast Guard gate to the west side of Cliff Point essentially the watershed behind Bells Flat, to the granite spine. ➢ Just the residential area. Not up to Salonie Creek. ➢ I believe I consider the boundaries to be from the fair grounds and Burma Road around the mountain peaks to Cliff Point. This would include Bells Flats, Jack Lakes recreation area, and Salonie Creek recreational area. ➢ Sargent Creek and Russian River Valleys, Salonie Creek Valley. ➢ The two roads leading into Bells Flats form a boundary. Sargent Creek Road to Russian Creek Road. Page 21 of 137 ➢ From the fairground to Salonie Creek (inclusive of Sargent Creek/Russian River Valley). ➢ The watershed enclosed by Old Woman Mountain, Cope Mountain, and Kashaverof Mountain. ➢ Sargent Creek to Rendezvous to Lope Mountain. ➢ Cope Mountain, rodeo grounds, Jack Lakes, Salonie Creek (lower Kashevarof) and head of Women's Bay. What do you like about living in WBC? ➢ Beautiful scenery, minimum density of homes, fresh air (not lately) and ability to keep agricultural animals; goats, sheep, horses, chickens, etc. ➢ Close proximity to the airport and close to Anton Laison and Chiniuk/Pubnagshak. ➢ Scenic, clean air, space, places to recreate. ➢ The quiet, the fresh clean air that we to have — the lack of industry and commercial activity. ➢ Rural — quiet — large lots — access to natural use area and recreation areas — low traffic — clean air /water. ➢ Rural type area. ➢ Quiet, large lots no apartments, few duplex, very little transient homeowners. ➢ Lack of development. Large lot size requirement. Hiking and cross - country ski trails access. ➢ We like the country life style. Not having neighbors too close. Having livestock. Large areas for gardening. Feeling of community with the neighbors. ➢ Rural, less population density, more stable population. ➢ Out of town. Close knit atmosphere, with knock on your neighbor door for help. Quiet at night. No electric streetlights. ➢ I live in Monashka Bay Subdivision. ➢ Views, quiet most of the time, underground utilities, RRI zoning, large lots, access to Natural Use area, underground utilities. ➢ Rural setting, large lot size. ➢ Good neighbors. Country setting/rural setting, wildlife, clean air quiet. S. When the Brechans pit is not operating, which won't be at all this summer, I enjoy the quiet and peace. I also enjoy the feeling of community conveyed by most of the residents. Rural residential living, 360 degree scenery. ➢ The RRI lot size and the low noise level. ➢ Quiet, space from neighbors, friendly people. ➢ Well — what I should say is - I did love the beauty, peace and quiet, close access to the feeling of being in the wildemess. I like the larger lot requirements. As a homeowner, this is part of what drew me to the area. ➢ Space, peacefulness (when firearms not being used at Salonie Rifle Range) view, the wildlife seen close by, fresh air, not smog laden. ➢ Wide open spaces, large building lots. ➢ The people and the natural beauty. ➢ Quiet; beautiful neighborhood; easy access to hiking, snowshoeing; convenience to Base. ➢ I like the low population density and large 40,000 square feet lots for RR1. I like having Jack Lakes and the land around tem for recreation such as hunting and fishing. Also horseback riding and ATV use. Page 22 of 137 ➢ Large spaces, large lots, low density. ➢ Quiet. Rural. Nearby access to countryside. The people and the distance from people. ➢ The large lots, the rural "feel ", proximity to lakes /rivers /ocean and view. Low density (or lower then most places although is constantly growing). ➢ Relatively sparse population. Usually quiet. ➢ Quiet community, close access to hiking and fishing. ➢ Backcountry access, open views, and vistas winter and summer, no streetlights so night sky is unencumbered. What do you not like about WBC? ➢ Heavy polluting industry in the neighborhood, rampant 4- wheeler abuse of natural use area. Unsightly junk yard industry. Topography amplifies noise pollution. ➢ Overloaded Brechan trucks exceeding the 25 mph speed limit and busting up Bells Flat Road. Four - wheelers being driven on roads, typically at high speeds, are a danger to themselves and others. ➢ Increase in new homes over the past 20 years. The Borough does not enforce illegal vehicular use and ATV use in the Women's Bay Natural Use Area. ➢ I dislike the way it is developing into an area that gets stuck with all the crap no one else wants in their community — industry, rifle range and race track. ➢ Industrial residential conflicts — noise — legal pollution, increased traffic/dust/activities — remote setting in mountain valley. ➢ Noise from industrial site — dust from trucks in summer — speeding cars, trucks, ATVs (on roads), possible pollution issues (asphalt plant). ➢ Industrial zone in midst of community. People who misuse the land with too many animals on RR1 lots. Poor use of land near the slaughterhouse — looks like a dump. Dumpsters at entrance to community. Noise for 4- wheelers and shooting range. ➢ Increasing development, becoming too residential. I do not like the fact that the borough is considering changing the zoning of natural use areas, specifically Jack Lake. ➢ Land reserved for schools and other public use land being sold for housing or industrial use. NO buffer zone between industrial and residential use lands. Not following the present community plan in issues such as conservation lands and zoning. Lots are too small to allow for wells and septic. Lots should have a 2 acre minimum with 5 acre preferred. ➢ Excess use of off -road vehicles /poor knowledge of residents regarding where the tax dollars are spent/lack of involvement. ➢ SPI. Fire trucks outdated. Too many junk cars and heavy equipment. ➢ Willy -nilly development. ➢ Industrial gravel pits /batch plant/truck traffic/waste metal junk yard /marine boat graveyard. ➢ Industrial zoned land — it has to go from anywhere near residential areas. Gravel Fj — it must be phased out ASAP, new gravel site away from residents needed. ➢ Industry is too close. The quality of life that you seek when you go there is being "squeezed" out due to the increase of industry. ➢ The 4- wheelers on the roads and beaches, the race track. ➢ Industrial uses. Page 23 of 137 ➢ The lack of protection we receive from govemmental agencies such as KIB & DEC, when it comes to concerns expressed about industrial activity. Fire protection is a concern — lack of equipment that is functional and updated. ➢ The evolving industry that imposes on our health and welfare by continuing to attempt more and more development in a residential area. ➢ How it seems to be caught up in a good of boy — Borough power plan that doesn't really consider the health and well being of the majority of people living there. The community has grown and the zoning should reflect this (we need to keep intact a semblance of rural community). ➢ Seeing the dumpsters and the "recycling" facility as I turn into Sargent Creek. Dogs running and roaming freely. Garbage and lack of maintenance on homes. ➢ I don't like any industrial areas to be incorporated in the future. I don't like that the industrial areas such as the recycling company make the area look like a dump. I don't like the trash dumpsters to never be cleaned and messy. I don't like the poor aesthesis of the area as you turn on the highway on Sargent Creek Road. ➢ Street/yard lights, mixed industrial /residential proximity, junkyard. ➢ ATV trails everywhere, SPI so close, habitat distraction on salt flats of Women's Bay and Jack Lake area from ATVs. ➢ The recent surge of cookie cutter homes /illegal four wheeler use. Street and yard lights 24 hours per day. Mixed industrial with residential (SPI /Brechan). AK trucks etc. on entrance/ Reesers junkyard on agricultural land. ➢ Industrial activity. 4- wheeler abuse, i.e. unsafe use on roads and trespass on private property. ➢ The distance from shopping and the amount of industry. ➢ The "I got mine" attitude and "take Bells Flats access for granted" by industry. What Types of Land Uses Should be encouraged in WBC? ➢ Rural homes, recreation property, some commercial and light industry compatible with neighborhoods and homes. ➢ Heavy industrial use as we currently have should be excluded from the residential area. This is, no remediation, no gravel extraction, no batch plant, etc. ➢ Not ➢ Rural housing, parks and natural use areas. ➢ Rural residential (single family) — natural use — recreation — trails. ➢ Residential, parks, natural use area. ➢ Residential — in subdivisions and light home occupation type usage. Industry should move to Salonie Creek. Business on highway. ➢ Public use and park/recreational. Natural use area (specifically Jack Lake) should be turned into a park. If land disposal is necessary, open Salonie Creek, NOT Jack Lake. ➢ Residential, commercial, industrial lands that are buffered from residential, recreational, green belts, etc. ➢ Residential /recreational /conservation — some business /light industrial. ➢ Limited residential. More parks, community center. Natural land left for recreation. ➢ Homes, low density multiple person dwellings, recreation. Page 24 of 137 ➢ Reduce heavy industrial use. ➢ Rural residential for all of Russian and Sargent Creek Valleys except business along highway. ➢ Residential to an extent. I would like to see greenbelts around storage areas ➢ Rural residential with limited neighborhood business. Large undeveloped areas should be reserved for wilderness enjoyment. ➢ Residential, recreational, light industrial. ➢ Residential and recreation. ➢ Residential, conservation, recreational, perhaps some business, community center, school. ➢ Parks, recreational, trails and campsites. ➢ Minimal development, no further land opened to lots, particularly the Jacks Lake area. ➢ Natural use. ➢ Recreation, hunting, fishing and outdoor hiking. ➢ Recreation, residential, business — non - conflicting interface. ➢ Hiking, quiet, wildlife viewing, large space delegated to lot owners. Keep one acre lots. ➢ Recreation, residential, business. Non conflicting and done in a manner that encourages community interaction and neighborhoodness. ➢ Recreational — fishing further up in watershed. Addition of park. Further private land use would destroy benefits of living in the Flats. ➢ Recreation. ➢ Some industry, manufacturing homes, backcountry recreation, hiking, skiing, ATVs, hunting /fishing. Do you have environmental concerns? ➢ Absolutely ... Borough and industry have treated us like a dumping ground for "stuff" that City dwellers in neighborhoods would object to. But we area neighborhood too. ➢ Brechan has made a mess of the pit near the batch plant. They have been filling the pit with "who knows what" for many years. I would not be surprised if toxic materials haven dumped in the pit. I guess it will just be a matter of time before toxins leach into our wells. ➢ Water quality i.e. is 40,000 square feet enough space for septic systems. ➢ Yes — industry, pollution, noise pollution. ➢ Industrial pollution. ➢ Absolutely. ➢ Impact of large farm animals on too small space. Impact of industry and poor practices on health of human and animals. ➢ Yes. The soil decontamination project. 4 -wheel trail damage. Erosion. Old military remains along Sargent Creek. ➢ Yes, the present industrial sites placed in the middle of residential areas have caused a potential hazard to the safety and welfare of the residents of the community. ATVs are tearing up the terrain. The close proximity of septic systems to neighbor's wells is becoming a concern. ➢ Existing industrial uses causing possible sources of contaminants. Unregulated recycling business Has a complete clean up of USTs been performed by the Army Corps? Page 25 of 137 ➢ Industrial pollution. ➢ Yes, maintain open space in Sargent Creek. Natural Use Area. Destruction of flats by vehicular use. ➢ Yes, soil remediation plant, 4- wheeler ATV in salmon streams, gravel sediments getting into salmon streams, military waste. ➢ Yes — many — 1) groundwater — very shallow and limited capacity for septic 2) watershed protection — highly erode able soils 3) air quality — enclosed valley with frequent inversions, 3) wildlife especially in Natural Use area, Lake Orbin, River and Bay margin- emperor geese 4) Natural use area (Jack Lake area) control 4 wheelers, they are causing much damage ➢ Yes! Our water is in danger of being contaminated. Based on increase in industry the birds are far and few behind. Geese don't bring and have babies on the lake. ➢ Yes. I fear that both WWII activities and current industrial uses on Brechan land and the slaughterhouse tract has/will cause pollution of our water table. ➢ Noise and the use of motorized vehicles on beaches, wetlands and trails. ➢ Yes, what is dumped in Brechan Pit Pond, Recycling center and its debris? ➢ YES!!!! I sure do wonder why, when the community plan that was created before contained a downsizing and probable relocation of the industrial zoned areas (as I understand) — Why did note of that happen ... instead great growth. The agencies that are there to protect us do not. They skirt that responsibility by "legalities" and appear to bow down to the big business ➢ Plenty! I've seen concrete being hosed off trucks near a fish breeding stream, I've seen the huge inversion layer of bad smelling air low in the valley, I've seen streams being blocked so fish can no longer migrate. ➢ No further industrial development. ➢ ABSOLUTELY — we need to move the asphalt plant. We need to keep the Women's Bay Natural use area in tact and not infringe upon the water table with any kind of development in terms of housing (also Salonie critical habitat to be lift in tact). ➢ Yes — there are oil drums containing who knows what all over. Old cars and trucks sitting in yards can be seeping toxins into land and water supplies. People burn things in their yards and the smoke has colors in it ... What toxins are being given off there? ➢ I'm concerned about the Borough putting in more residences anywhere around Jack Lakes and the end of Sargent Creek Road. I am concerned that the increased housing and septic with negatively impact the environment. I'm concerned about lack of EPA enforcement of the recycling center. ➢ Yes — lots of WWII "time bombs ". Agriculture land that has become a waste dump. Industrial infill of unknown origin /provenience. ➢ But of course! Especially in Jack Lake /Caroline Aural Cecily Lake area. ➢ YES!! WWII poison /toxic waste! Where? Everywhere! Agricultural land used as a dump (recycle facility — ha!). Industrial use and dumping on who knows what over past decades! ➢ I am concerned about contaminants (both airborne and water) from the soil processing and paving plant. ➢ Yes, with SPI and the asphalt production. ➢ Yes — industry and LUSTs (leaking underground storage tanks) and their effect on ground water. Page 26 of 137 What roads and utilities, such as sewer and water, are needed? ➢ Keep problem areas in large enough lots to retain septic system roads /utilities are fine as they are. ➢ I do not know who is in charge of the road district but they are not doing their job! The first 1/2 mile of Bells Flat Road is full of large holes making it impossible to drive at more than 3 or 4 mph without destroying your vehicle. Could you please repair the road so we can drive on it? ➢ None, it is a rural community. ➢ Public water system — sewer is way too expensive. ➢ Paved roads, sewer and water. ➢ Upgrade gravel roads with pavement — no lights sidewalk. Would like to see water but no sewer. ➢ I have no needs as least on Sargent Creek Road. Other than that I'm not sure. ➢ Paving of the roads. Good winter maintenance of roads. A long proposed bridge at the back of the Flats to allow escape between the Sargent Creek side of the Flats with the Russian River side. In the event of a tidal wave our bridges along the existing highway would be washed out. This would eliminate two dead -end roads and allow quicker response for emergency services. Commercial and industrial areas should provide their own water supply for fighting fires (tanks or drafting sites). ➢ Upgraded paving — further residential development may require sewer and water. ➢ If development is limited, wells and septic should continue. Pave all roads. ➢ Pave remaining high use dirt roads improve fire response /fighting capabilities. ➢ We need to protect the water we have. I can live with roads and utilities that we have as long as we take measures to protect water. ➢ Current on site well and septic are adequate. For future expansion safe community water supply might be needed. ➢ None. ➢ Pave Bell's Flat Road and others; get truck traffic off the road ➢ Road maintenance to fix potholes — signs to mark roads. At some future point, I would guess sewer and water will be needed — not yet. ➢ Better maintenance of current roads, water currently available as long as it doesn't become contaminant from industry currently in operation. ➢ Wells and septic are fine, need some more of the main roads paved. ➢ None. ➢ Sewer and water would be nice. I know there are concerns about wells and water quality. Also, the speed limits need to be enforced. The roads are dangerous to walkers. ➢ None. ➢ Not sure. ➢ Absolutely none but continued inspection of septic/water systems for quality maintenance. ➢ I do not want to drink chlorinated water! I like having a well. This won't continue if density continues to increase. Not sure about sewer and would like water checked in general. ➢ Municipal sewer and water would be nice, but not likely. Regular road maintenance seems sufficient. ➢ Water and sewer! Page 27 of 137 ➢ Cemetery, marked hiking trails, maybe water, but NOT sewer, NOT streetlights, maybe small hydro power. What recreational facilities, parks and trails are needed? ➢ Need walking, horseback, pack animal trails where people will not be molested by the 4- wheeler crowd Ball field /soccer field for kids to play and adults sports. S. There are plenty of trails. We could use a nice park, I suppose, for the kids to play. As far as recreational facilities — I'd like to see continued use of Salonie Creek rifle range as a priority, exclusive use ➢ We need areas for parks and recreation — also we need room to walk along the road - sides. ➢ Excess Coast Guard property near rodeo grounds kept for park ties into existing trails, i.e. Burma Road. ➢ Parks, a ball field, maintained trails. S. Continued maintenance of what we have, discourage misuse of land by 4- wheelers. ➢ Jack and Lee Lakes area should be rezoned as recreational /park. ➢ Upgraded facilities, walking trails for residents — more small parks. ➢ Indoor gym. ➢ Marked trails, designated areas for ORUS ( ? ?) ➢ Define stream crossing areas, limit ATV destruction of habitat. ➢ Community hall, place for community meetings, bike, walking and horse trails — separate four wheeler trails. ➢ I would like to see the areas around the lake reserved for parks and trails. Not only for that but for birds /wildlife and protection of our water. ➢ Conversion of gravel site to park use. ➢ Protect existing resources ➢ Natural use area needs parking, marked trails, parks /equipment for kids, a community center. ➢ We need a community center in WBCC! I would not like lots of parks and trails development because of the need for upkeep and vandalism. ➢ Leave foot trail on Kashavarof and to Jack Lakes. Baseball field, more parks with safer fire pits, floodlights on Lake Orbin for ice skaters, more hiking trails. ➢ No further needed. ➢ Let's take care of the "park" we have now — Women's Bav Natural Use Area. Enforce the existing Borough regulation of no motorized vehicles. ➢ A playground is desperately needed. Lots of people with kids need a place to go. A trail would make me feel safer on walks. ➢ Jack and Lee Lakes area and the end of Sargent Creek Road need to be left as areas for recreation, hiking and outdoors activity only. The area is adequate as it is and no changes should be made at all. ➢ Bike paths — (non- motorized) horse trails. ➢ I'd like to see designated hiking trails and designated ATV trails. Concentrate on Caroline, Aural, Cecily Lake area. ➢ I think the SPI /Brechan site is perfect for a community building — park/picnic/ball and play area. A walking/biking trail would be a nice "luxury". Non - motorized by homes!! ➢ A park with basketball court would be nice on the Sargent Creek side as well as an area for children to play. Page 28 of 137 ➢ A park with a playground and baseball diamond. ➢ The granite spine of the island is accessible via Kasavarof Mountain this needs trail development to tum this to more of an asset. How should the public property at Salonie Creek and the natural use area be used in the future? ➢ It is being monopolized by one user group as it is. Gate with key system keeps people out of the area or makes them access via dangerous route. Areas should be managed for all recreation users. ➢ Keep it as a shooting range. I think it is a good idea to allow the military to practice shooting there. The noise is not a problem, it is so far away from the current houses in the flats that it can barely be heard. ➢ Depends. It might be nice to keep it rural but if we could move the industry out of our community — it could be used for that. ➢ Leave natural use area alone or develop as park — move industrial activities to Salonie specifically to include gravel removal — develop salmon pond in conjunction. ➢ Move industrial use to Salonie Creek, no development of natural use area. ➢ Industry, recreation. ➢ I think it should remain as natural as possible, however, if land disposal in WBC is necessary, Salonie Creek would be my choice. ➢ Shared recreational /residential use. ➢ Possible move industrial use towards Salonie Creek. ➢ Recreation, included expanded shooting and archery ranges. ➢ Keep the rifle range, move firing area to other end of range, would allow for access up river. ➢ Natural Use area — should become a regional park — go after Federal Land and Water grant. Salonie Creek — possible industrial, light industry, gravel mining, rifle range for recreational use, no military training. ➢ That would be an area to look close at for industrial use. ➢ Natural use should remain as wildemess. If legally possible Salonie Creek should be multi -use, gravel extraction, rifle range, and hiking. ➢ It should be kept in its present state but the gate should be removed. ➢ Recreation /Salonie — gravel if there. ➢ Not for military training — could be the next site for gravel. ➢ Be maintained as natural use or converted to a park. ➢ Salonie Creek should be reopened to the general public, as it is, KISA controls the gate. Jacks Lakes should be left undeveloped. ➢ The public property in Salonie should be designated park, get rid of the firing range so all users can enjoy the area. Don't raid the Women's Bay Natural Use Area. ➢ Only for recreation and very limited to RR1 on large acreage lots. This is only the Salonie Creek Valley. No further development should be done in Sargent Creek and Jack Lakes area. ➢ Salonie Creek = residential, business, industrial (as a trade -off from Bells Flats). Natural use = Jack and Lee Lakes = recreational. ➢ I don't have a problem with the existing rifle range. It would be a crime to let navy seals use the area though. It is too close to residential areas Page 29 of 137 ➢ Salonie Creek — Not sure / /maybe would like to see Brechan move there. Natural use should stay that way. The P & Z on this island is outrageous!!! They have no long term cohesive plan and personal interest interferes with benefit to communities. I am so concerned that we have discussed selling our lovely 5 acre home with a view and leaving this island. ➢ I support gun range use but I could see benefit of changing the direction of use 180 degrees, i.e. shoot toward Hettman Mountain to increase safety for recreational users of Salonie Creek. I also support more industrial uses below the road i e processing soil where it currently is. ➢ I would support industry develop such as soil processing. ➢ Access must be maintained (currently is not). What is your 20 -year vision for WBC? ➢ A more rural -type of neighborhood with industry that pollutes and cause interference of "enjoyment of life and property" located elsewhere. ➢ Will probably be a city. ➢ Maintain original Women's Bay Natural Use area. Have plan and capital improvement funds from Kodiak and Borough. Keep land disposal to Salonie Creek. Develop those lands there. Rezone behind rifle range to Natural Use all of upper valley. Maybe move rifle range. ➢ To move industry out of our community. ➢ Rural residential community — no industry. ➢ Residential community with parks, large lots, few people and no industry. ➢ I think that growth and development in Women's Bay has reached its limit. If further development is necessary, land disposal should take place in the Salonie Creek area or further out of town. More focus should be placed or protecting the Jack Lake personal use area by rezoning it to park status. ➢ We don't want to see lots of changes to the community in which we have chosen to live. We would be happy to see the industrial areas relocated away from residential areas and their sites turned into residential or recreational. Commercial business will present a clean tidy appearance to the public. Recreational areas need to be more clearly defined with riding and hiking trails. Defined ATV area. A community center. Our own elementary/secondary schools. ➢ Residential development, sewer, water. ➢ More of a residential community. ➢ Reduce heavy industrial use near residential areas ➢ Thriving rural residential community, with business strip along highway. ➢ WBC cannot continue to grow as it has the last 10 years as the land and users are not there. WBC has grown on its own into a quiet residential area. The growth is natural and should continue as residential community with parks and greenbelts. ➢ About 1/3 growth in residential. Conversion of industrial areas to residential. ➢ Should be kept as RRI. ➢ A rural residential community. ➢ That industrial zoned be relocated to a site away from residential. The conservation area be left as is. Fire service receives new trucks and equipment. ➢ Second class city, schools, medical clinic, post office, community center for gatherings /meetings, track for runners. Page 30 of 137 ➢ Hopefully not look significantly different than it does today. ➢ Not pretty if we don't wake up and get our priorities straight. We have reached critical mass her on Kodiak. We don't need development for the sake of development. We need to retain our unique identity as an environment worthy of maintaining. ➢ I'd like a cleaner place — our ditches are not dumpsters. I'd like to see it be a more family friendly area to walk around and play in. ➢ For the community to remain residential. For Salonie Creek to be developed separate from the area behind current housing in Bells Flats. ➢ Gloomy. ➢ In ten words or less? A twenty year plan is definitely needed and consensus is essential in preparing such a plan. I don't have a clear vision yet of where I'd like to see this community in 20 y ears. If the Borough continues to sell property in this area, I see a school as a necessary dollar commitment. For now, the maintenance and upkeep of the Fire Department facility is very important — roads, public water and sewer are low on my priority list. ➢ Similar sized population, less industry. ➢ An area focused on family and community and less on industry and commercial development. ➢ Hydro -power and hiking access to granite spine and industry located along Chiniak Highway. More Comments ➢ Unresponsive Borough government. Feel they do not or respect WBC as a community force nor recognize that they are recognized by their residents as an entity. ➢ I would like to see the RRI zoning changed to RR. This would preclude subdivision of lots less than 40,000 square feet should public sewer and water be extended to the area. Comments submitted by letter: Women's Bay Community Plan Update: 1. In the contract (11/02) awarded to Arctic Slope Consulting Services (ASCG) the primary scope of services is to provide an update to the 1982 Women's Bay Community Plan. The legal scope of that plan was limited to the Bells Flats- Russian River Subdivisions. Is that the area focused for the update for this plan? 2. Will the selection of the final plan be democratic i.e. one vote for each registered voter in the Kodiak Island Borough? And will the plan identify options or altemative various scenarios? 3. If not how will you fairly incorporate input from the public? 4. The Kodiak Island Borough Assembly and Borough Manager are planning land disposals for the summer 2003. Are any of those areas within the Women's Bay planning area and will they be identified in your plan? Page 31 of 137 5. If land disposals occur in the Women's Bay area what will the money collected by the KIB be earmarked for? Will any go back to support roads, services parks, etc.? 6. Why did recent sales of KIB land in the Bells Flats- Russian River Subdivision leave nothing for the Women's Bay Road Service District to deal with increased maintenance? Will that situation happen again here with future KIB land sales in the Women's Bay Area? 7. An issue of great concern to many KIB residents is the protection of the (a.k.a. "Jack and Lee Lakes ") from land disposals. This area was identified as a watershed in the 1982 Women's Bay Community Plan. How will the plan justify KIB land disposals in the borough's most protective zoning district? Can "the people" reverse the present KIB government desires in the updated plan? 8. The plan should address the desires of other land owners in the planning area, particularly the native lands. 9. The impact on available lands for disposal as a result of Lesnoi decertification should also be evaluated in the plan. Email responses. Please consider this my response to your Women's Bay Community Survey: My main concern for the development of a new comprehensive plan for the area is the need to consider the long -term impact on all residents of Kodiak and not only those ideas of the residents of Bells Flats. The current comprehensive (1982 ed.) plan states residents of Bells Flats occupy approximately 10% of the area covered by the plan. Presently those residents represent less than 1% of the population affected by the future plan for the area. Salonie Creek area lies a minimum of one and a half miles from the Bells Flats residential area. Salonie Creek is valley separated from Bells Flats by a natural formation of hills. There are no private residences in the Salonie Creek area although there is a caretaker's residence for the KISA rifle range. Over a long term stretching back to pre- statehood the Salonie Creek area has been an area for military and civilian firearm owners to enjoy shooting sports. Residents of Kodiak Island have historically used and presently use a portion of the area for shooting sports and similar recreation activities. Simply stated there is no other designated area on the road system where the public may participate in shooting sports. Currently the variety of activities is limited to a rifle range due to the lack of other developed facilities. A larger variety of activities can only take place if a designated use are is available for those type of uses is provided. A comprehensive plan for Women's Bay must consider all the residents of the Borough and their need for a variety of recreational uses. Elimination of an area to provide a variety of outdoor shooting activities would be a travesty impacting all residents of the island. On the contrary the establishment of a larger area such as all of Salonie Creek for recreation shooting activities will lead to future improvements and additional types of Page 32 of 137 uses. There should be a compelling factor in consideration for the new comprehensive plan the simply recognizes the need for an area large enough to provide for the recreational use of firearms in a safe and sane manner. Kodiak is an island where hunting is one of the major attractions of the life style of a large portion of the population. ************************,»*********** *_ * * *** * * * * * **......_ * * ** * * * * ** ._.._. * * *** *_ * * * * * * * * * * * * * * ** Hello: With regards to the e-mail that was sent concerning this meeting and suggestions for input, I would like to offer the following. Consider a National Flood Insurance Program for Woman's Bay residents. This is a program that will provide flood insurance to all residents of a community that live in a flood plain at a reasonable and substantial discount from that of private /commercial insurance- if it can be purchased at all. Most insurance companies that provide homeowners insurance, do not provide any type of flood insurance. The National Flood Insurance Program (NFIP) is a Federal program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. Participation in the NFIP is based on an agreement between communities and the Federal Government. It is my understanding that the borough was approached by representatives of NFIP this past summer and asked if Kodiak would like to participate in this program. To the best of my knowledge residents of the community was not given an opportunity to voice or form an opinion on this issue one way or the other. Neither was the community given a chance to become educated about the program and the requirements. Consequently, the Borough did not respond positively and as such, we can not apply for this program of flood insurance. If a community adopts and enforces a floodplain management ordinance to reduce future flood risk to new construction in floodplains, the Federal Government will make flood insurance available within the community as a financial protection against flood losses. This insurance is designed to provide an insurance alternative to disaster assistance to reduce the escalating cost of repairing damage to buildings and their contents caused by floods. The program "grandfathers" existing structures so homeowners do not have to be concerned about "updating" their present residence to comply with program standards. However, the program does require as with any new construction that is permitted, compliance with codes that is in the interest of the homeowner that provides protective measures incorporated in the building to safeguard against floods. A private individual can not purchase NFIP insurance. It is only available to private / community residents if that community participates in the above mentioned plan. It is of my opinion that not only the residents of Woman's Bay but residents throughout the Borough, the villages and city should have this type of insurance available to them considering the coastal environment and geographic area we live. It is irresponsible of the Borough if this program was made available to the residents of Kodiak and the Page 33 of 137 borough rejected this request without first confronting the residents. As a result, the flooding that the community experienced this pass fall / winter storms, causing the President to declare Kodiak a Disaster area and making FEMA funds available, residents who live in the borough and sustained damages to their property have no recourse for assistance and have sustained considerable financial losses. There was no reason for the residents to suffer this loss. Residents pay taxes on their land most of which is adjoined by borough property. The Borough has a responsibility to provide the necessary support and protection of private property through their government infrastructure. Bello: I attended the workshop last night & heard all the comments pertaining to the desires and development of woman's bay community. One issue that you could add to the list is as follows: Plans need to be developed to incorporate flood control, bank restoration and protection of private property along the Russian River. This can be done by working with DNR to develop plans that would include gravel extraction while at the same time creating spawning holes for salmon & during the gravel extraction process, stair step the gravel extraction in a process that would control river flow during flooding conditions. The extraction of the rock would be done at various locations up and down the river. The community would be able to use the rock for industrial use; i e roads, concrete, etc. The extracted gravel would replenish itself by rock from the surrounding mountains that fall to the river bottoms from rains & floods and snow. While developing an extraction plan for gravel the process would include engineering plans for fish and wildlife habitat and spawning grounds. Both processes would insure measures are taken to keep the natural flow of water in the middle of the river thus providing maximum protection possible from future flooding. Low level and at risk properties should have bank restoration and rehabilitation plans included in the gravel removal that would provide some means of protection to private property. Dear Survey Committee, I understand that a survey is being done for Salonie creek and Women's Bay area. My concern is with Salonie creek rifle and pistol range. It is very important that this range continue to be made available for recreational shooters. It is a safe place to bring the family on weekends to practice shooting skills and prepare for shooting competitions. It is more dangerous to the entire Kodiak community if an established shooting range is not made available to them, as people would be setting up make shift targets and impromptu ranges in the woods or on the beaches, or around other multi use areas where there may be a higher degree of risk to bystanders. I have seen this already happen in places like Washington State. The people just set up make shift shooting ranges behind in the woods and nearby logging roads. Shooting is a safe and fun recreation and sport and there needs to be a safe place to do it. Keep Salonie creek available. Page 34 of 137 I would like to see Salonie Creek water shed area left alone. The shooting area available to the public is the only place where a person can sight in a rifle at 500 yards. Salonie Creek can be developed into a great area for winter and summer sports. I understand Bechtol Planning and Development is conducting a survey on a Women's Bay Comprehensive Plan and offer my comments. The Women's Bay area has seen uncontrolled development in the Bell's Flats area since the divestiture of the property from the U.S. Navy in 1972. Over the last 15 years residential homes development in this area has significantly increased with no reasonable restrictions resulting in crowding and a poor match of industrial, commercial, recreational, and residential use. Of specific concern to me is the encroachment on the historical rifle range at Salonie Creek. Kodiak needs a safe place to shoot and the Salonie Creek rifle range is a safe place to shoot. With the growth of Kodiak's population and a growth in tourism the rifle range should be expanded for additional shooting sports. Because of the development in the Bell's Flats area the rifle range area needs a large land buffer. I suggest the entire Salonie Creek area be designated a shooting sports area. Any additional federal lands in the Women's Bay area that are divested should be retained for recreational use. As a resident of Kodiak, it is my opinion that the existence of a public shooting range needs to continue, and that additional lands need to be made available to help encourage the long term development of additional shooting sports activities in the Kodiak area. _********************************* * * * * * * * * * * * *** *_** * * * * * * * * ***** **** * * *** * * * * *** * *.,..,.._ As the duly elected president of the Kodiak Island Sportsman's Association, I am writing to you about the concerns of the people in our club. Our club is 183 members strong, with 64 of them being residents of Bells Flats. Our first concern is the fact that the Land and Water Conservation Fund Grant, LWCG, which govems the use of this land, gave us 688 acres of land to use as a range. Out of these 688 acres, we are now using 310.58 acres. We are afraid that if Woman's Bay Community Counsel has their way, we will never be able to use the remainder of the acreage. I have been told numerous times by members of the counsel that they would just as soon move us completely out of the area. Also noted was the fact that the use of the land in the Salonie Creek drainage is regulated by the LWCG, and thus should not be included in the comprehensive plan. Plans being made do not correspond with the uses described in the LWCG. If this area is included in the comprehensive plan, it should remain in use according to the LWCG, so that we don't all lose the use of this property. This means no gravel pits, no industrial use, and no residences. Page 35 of 137 Please do not get me wrong, we would like to be included in the comprehensive plan, but also we would like to retain use of this land for all borough residents. We realize how this land has been zoned by the borough, but we also know that no matter how this land is zoned, the property must be in compliance with the LWCG, unless the people of the borough want to pay off this grant. ($120,000) We also know that the noise is a concern to the residents of Bells Flats. This area has been in use as a range since 1942, and is protected by AS34.75.010 against any civil or criminal actions, or any noise control laws that may be enacted in the future. We have proposed tuming the range to lessen the noise, and to add to the safety of the people who live in Bells Flats, but they have fought us on all solutions that we have suggested. The only suggestion they have offered, as a group, was to close the range. We would also like to have it noted that the road to the range is not a public access road. The gate is on our leased land, and we have paid all expenses incurred reclaiming, rebuilding, and maintaining this road. We have never kept anybody from using this road, but we do restrict motorized vehicle traffic, due to vandalism and safety concerns. There are no public access roads into the Salonie Creek range area, except for the 4- wheeler /hiking trail on the opposite side of the valley, which we have never restricted access to. This trail does not enter our live fire area. We do post signs on the borders of our leased area warning people that they are entering a live fire area. These signs have been torn down and vandalized to a point where safety, and peoples lives have been at risk. Thank you for taking this into consideration. Dear Sirs: I am a resident of Kodiak and I believe the best planned usage for the Salonie Creek Rifle Range is just that. Leave it as a Rifle range for shooters to go to and shoot. It is a wise use of land and keeps the shooters safe by providing a designated area to go to. Thanks. If you have questions please me. Later... What do you consider the boundaries of WBC? I have always thought of the WBC to encompass the land adjacent to the Russian River and Sargent Creek drainages where citizens have residences I consider the upstream areas of the drainages more like "park lands" for compatible recreation purposes. For example, the Carolyn, Cicely, Aurel, Lee and Jack Lake vicinities — always figured the land in this area would remain undeveloped and do not support additional residential or commercial construction in these areas. What do you like about living in WBC? Page 36 of 137 The space is important to me. In other words, the ability for some privacy and opportunity to see wildlife on my property and be in the vicinity of great hiking, fishing, and, generally, beautiful surroundings I also like the passion people have for the community. What do you not like about WBC? I lived on Russian Creek Road near Russian River from 1989 -1996. During that time, there really wasn't anything I didn't like about WBC. Perhaps, some of the junk folks had in their yards was an eyesore, but other than that it was great. I moved to town in 1997 (due to reasons beyond my control), but continued to spend a great deal of time recreating in WBC. During the period from 1997 -2003, the community grew rapidly and the "feel" changed quite a bit. There has been a large influx of ATV users and many of the areas I like to recreate in have been trashed by the ATV use. I now own a home on Sargent Creek Road and have noticed a lot of illegal ATV use of the road and also see much more trash and additional damage on trails by ATVs. I haven't spent a summer in my new home, but while under construction last fall, the soil remediation facility was spewing a lot of smoke and was fairly noisy. I am pleased that this will be the last summer of the operation. The Brechen operation is not as big a concern in the summer: however, when the leaves fall in the autumn, the gravel pits and all the debris around them a huge eyesore. I really feel that they should reclaim their pits when done with them and perhaps tum the area into a park and even stock the old pits with fish. What types of land uses should be encouraged in WBC? I would really hate to see the current construction and land disposal continue at its present pace WBC has always been a unique place, very unlike the City of Kodiak or the other communities near the city. Let's keep WBC unique, rather than make it more like the city. I am opposed to punching more roads in and, in particular, development anywhere near the lakes that I referred to earlier. I don't want sidewalks, streetlights, ball fields, etc. Let's keep it rural. I would like to see Brechen relocate. It is unfortunate that this noisy, dirty, busy commercial enterprise is situated right in the middle of the WBC. I encourage more land preservation to protect the fish and wildlife resources and provide ecologically friendly recreational opportunities. I believe there should be designated ATV use areas and other areas where their use is limited. Do you have any environmental concerns? As I previously mentioned, many of the traditional hiking trails have been trashed by ATVs. The area near Jack and Lee Lake has historically been used by ATVs; however, there are now expansive areas where ATV trails have been developed without any thought of environmental damage. There need to be designated trails, with bridges, and other materials to protect the land. I am also concerned about the Brechen enterprise. They have had a history of habitat degradation. For example, a couple years ago, they were releasing materials into Russian River, which caused severe turbidity in the stream and probably impacted salmon. I am also very concerned about the ATV activity in the stream drainages. It is illegal to operate ATVs in salmon streams; however, there is not any enforcement presence to keep this from occurring. The area needs designated stream crossings. There also should be some monitoring of livestock impacts to Page 37 of 137 streams. The KIB and other landowners should also be aggressive about WWII clean up sites. There are still many sites within the WBC that have not been cleaned up. What roads and utilities, such as sewer and water, are needed? Again, let's keep WBC rural. If we curb development, then wells and septic systems should suffice, as is currently the practice for water and sewer. The current roads should be maintained and improved where necessary; however, there is no need to widen or pave every road. The culverts should be improved and added in some areas For example, in the area where I live (Sgt. Creek Road), some culverts need to be replaced and the ditches need to be excavated to prevent flooding. There was a flood event at my property during construction due to these deficiencies. What recreational facilities, parks, and trails are needed? I am all in favor of parks with walking trails; however, I would suggest improving what are currently used rather than constructing new ones. The old Brechen pits would be the ideal place for a new park in the future. How should the public property at Salonie Creek and the natural use are be used in the future? I am not opposed to residential development in this area, if planned properly. However, a better alternative would be to relocate Brechen to this area and keep the Russian River and Sargent Creek parts of community commercial free and rural. One consideration is the impacts of any development to the Salonie Creek wildlife and fish habitat. This is an important anadromous salmon system and also a deer over - wintering area and bear transit area. Again, long -term planning is needed with an open public forum. What is your 20 -year vision for WBC? I envision WBC to remain a rural area with much the same "personality" it has today, with less habitat degradation by ATVs, very little commercial activity, and a beautiful, scenic community with healthy fish and wildlife populations. Ideally, Brechen would be relocated and the area the company has occupied would be reclaimed into a natural area. The areas upstream of the Russian and Sargent Creeks would remain natural, with limitations on ATV use, and restored from the damage incurred. Thank you for the opportunity to comment. Page 38 of 137 I. Newsletter No. 2, August 2003 Womens Bay Community August 2003 Page 39 of 137 Newsletter Number 2 Womens I3Hy Coniniunity Pkriri Update www.kib -co .kodiak. ak.us The Kodiak Island Borough, and its consultant, ASCG Incorporated, held a Town Meeting in March 2003 to obtain community input for the draft goals and objectives of the Womens Bay Community Plan. Phase I of the community plan update included the Town Meeting and the consultant's preparation ofa Town Meeting Report for distribution to interested parties and the general public. A synopsis of public input received at the Town Meeting was mailed to interested parties in April 2003. ASCG Inc. also made a presentation on the Town Meeting Report to the K18 Planning + Zoning Commission during April 2003. A wosksession was also held with the Commission in May 2003 to discuss the major issues documented during the planning process and a list of potential goals and objectives. The major issues and draft goals and objectives in the Town Meeting Report packet were obtained from the following sources: ✓ Public input from the March 2003 Town Meeting ✓ Responses to a survey distributed during March and April 2003 ✓ Letters and mails received on Worsens Bay Community issues ✓ Goals and objectives prepared by members of the Womens Bay Community ✓ Goals and objectives prepared by the Womens Bay Community Council ✓ 1982 Womens Bay Community Plan The Womens Bay Community Plan update is intended to be a collaborative process involving the public along with the Kodiak Island Borough, the KIB Planning and Zoning Commission, Womens Bay Service District, Womens Bay Community Council, Native and other landowners, state and federal agencies. The purpose of the plan update is to reflect the current conditions and future needs of the community. The Kodiak Island Borough Planning + Zoning Commission will hold a worksession on the draft goals and objectives document on Wednesday August 27th at 7:30 p.m. in the Borough Assembly Chambers. You are invited to attend this work session to contribute your input and ideas The Town Meeting Report and other materials related to the planning process can be found an the MB website at www.lcib.co.kodiak.ak.us Project Contacts 1)o you have questions, comments, or would you like to be added to the mailing list? Please contact the following contacts by mail, phone, fax or e-mail as listed below: Michelle R. Steams, Director ('ommuni y Development Department Kodiak Islam/ Borough 710 Mill Bay Road Kodiak, Alaska 99615 Phone: (907) 486 -9363 Fax: (907) 486 -9396 Email:msteams@jcib.co.kodialcak.us Eileen R. Bechtol, Project Planner Bechtol Planning and Development P.O. Box 3426 Homer, Alaska 99603 Phone/fax: (907) 235 -4246 Email: Bechtol @pobox.xyz.net Have Questions? Contact Us! Page 40 of 137 A Leave the existing land use and zoning map designations as they currently are. 32% 11 % 7% 36% 14% Update the zoning districts to rezone industrial lots to B. residential or recreation — grandfather in existing industrial uses, but provide a method of phasing out industrial uses. 36% 2% 11% 48% 2% C Create buffer zones between existing industrial and residential use areas. 16% 9% 18% 50% 7% Require larger minimum lot sizes for any future subdivisions of land. D. 16% 7% 25% 34% 18% - Where, not enough land available now? Implement and enforce junk removal standards and E. ordinances in Women's Bay. 7% 7% 32% 55% 0% - This is being done at present. J. May 10, 2004 Open House - Survey Results The Kodiak Island Borough held an Open House on May 10, 2004, at Peterson Elementary School from 6 p.m. to 9 p.m. Approximately 48 people attended the Open House. The following comment sheets were distributed at the Open House and available on the KIB website. Forty -four people completed the comment sheets. The following results will be included in the Women's Bay Comprehensive Plan update. The results for each altemative were computed by calculating the percentage of responses for each preference from Do Not Support through No Opinion. If a question was left blank, it was scored under the No Opinion column. Written comments are included with a bold italic font and repeated verbatim under each altemative as provided by the respondent. 1. Land Use Issues Lands in the immediate WB community area are currently zoned industrial, business, rural residential (RR1), public use, conservation and natural use. How would you rank the following alternatives? Percentage of Responses Do not Low Medium High No Su000rt PrionN Priority Priority Opinion Page 41 of 137 Page 42 of 137 Provide for noise, dust, traffic, safety, and environmental F standards in Women's Bay. 14% 14% 23% 50% 0% - Already in place thru State regs. G Review KIB conditional land use procedures and applicable codes. 11% 16% 23% 41% 9% - And appeal process. Determine who has authority for the mooring and /or sinking of derelict vessels in Women's Bay. H. - This is a Coast Guard problem 9% 16% 34% 34% 7% - Women's Bay in not in the KIB jurisdiction it is a water way under federal regulations. I. Establish criteria for future State and Borough land disposal programs in the Women's Bay area. o 9 /0 0 9 /0 34 /° 34% 48% 48 /0 0 0 /o Develop a plan for the Salonie Creek Area, including the feasibility of future gravel extraction in this area and the future use and management of the existing rifle range. J. - Not enough scope for high powered guns — need to change direction. 7% 14% 23% 48% 9% - Leave as is. K. Other land use alternative that should be considered? - Preservation of Watershed - Public Use - Lots on reverse of this page designated for school (from reverse: 507 Sargent Creek Rd, 449 Sargent Creek Rd, 10626 Middle Bay Dr.) - Lots 2, 3, 4 along the river by fire hall be retained for community center and emergency shelter. - Swap asphalt plant for land leased at end of Middle Bay to Brechen. - Garbage disposal area — centrally located for both Page 42 of 137 Leave the existing land use and zoning map designations as they currently are. Update the zoning districts to Land Use Alternatives 40% 35% 30% 25% 60% 50% 40% 30% 20% 10% 0% Leave Zoning the Same Rezone WBC Do Not Support Low Priority Medium High Priority No Opinion Priority 1 sides of flats. - Land use for large animals — horses, cows, goats, etc. should be scrutinized so as not to denude the trees, and kill water resources as has happened at Orbin Lake. - No subdivisions allowed under one acre, even if we get sewer or water system. - Rezone wetlands to Natural use or wildlife habitat. - What is happening at the slaughterhouse? Are those lands in private ownership vs. the co -op? Make them responsible for the cleanup near the salmon stream. Building a fence is not enough. - Can the entrance to Sargent Creek side be cleaned up? Do those trucks need to be parked there? - Include historical input from 7/23/1984 WB Comp Planning Committee: "B) Acknowledging the need for new parks, and identifying possible site is only part of the questions. A Borough approved mechanism for actually setting land aide for parks is vital. 5% of future large land offerings by the Borough is our current consensus." 5% is now too low. - Parkland, non - motorized in Nat. Use (Lake Areas) - Phase out of gravel pits - Phase out of junkyard in agriculture. - Set up another soil burning plant. - Need another concrete plant. - The Coast Guard should monitor sunken hazards. - Any further land development (any type) will reduce the appeal that the Belis Flats area has. Leave the existing land use and zoning map designations as they currently are. Update the zoning districts to Land Use Alternatives 40% 35% 30% 25% 60% 50% 40% 30% 20% 10% 0% Leave Zoning the Same Rezone WBC Do Not Support Low Priority Medium High Priority No Opinion Priority 1 A Determine the highest and best use of the Natural Use Area and develop a plan for its future uses and management. 7% 11% 16% 57% 9% B Initiate a Borough land disposal sale in the Natural Use Area in the next five years for residential uses. 64% 14% 9% 7% 7% C Initiate a land disposal sale in the Natural Use Area in the next five years for commercial and /or industrial uses. 70% 7% 7% 11% 5% rezone industrial lots to residential or recreation — grandfather in existing industrial uses, but provide a method of phasing out industrial uses. Develop a plan for the Salonie Creek Area, including the feasibility of future gravel extraction in this area and the future use and management of the existing rifle range. 2. Natural Use Area 60% 50% 40% 30% 20% 10% 0% Do Not Support Plan for Salonie Creek Low Priority Medium Priority High Priority No Opinion A Natural Use Area ordinance was adopted in 1989 and both Borough and State land in the Women's Bay regional area were zoned Natural Use in 1989. An initial plan was drafted in 1997 for the area, but was never finalized or reviewed and adopted by the Borough Planning Commission or Assembly. Which of the following alternatives do you support? What should be the priority uses in the Natural Use Area? Page 44 of 137 Percentage of Responses Do not Low Medi m High No Su000rt Priori N Pilo rity Pilo rrty Opinio D . Develop a parks, trails and recreation plan for the Women's Bay area with a focus upon the Natural Use Area. 9% ° 14 /0 0 18% 0 0 55 /0 5 0 /o E. Support the completion of the Women's Bay GPS /GIS trails mapping and assessment project and the development of a Kodiak Island Road System Trails Plan that will provide for methods to address community priorities, especially in the Natural Use Area. 11% 23% 27% 36% 2% F Expend KIB resources for stricter management and regulation in the Natural Use Area per existing KIB code. 18% 14% 27% 39% 2% G. Hiking and other non - motorized activities should be the highest priority uses in the Natural Use Area. - Need non - motorized trail also. 23% 11 % 7% 55% 5% H ATV /ORV riding and other motorized activities should be the h priority uses in the Natural Use Area. 61 % 11% 16% 7% 5% Equestrian riding should be the highest priority use in the Natural Use Area. 23% 23% 36% 9% 9% A balance of motorized and non- motorized activities should be the priority uses in the Natural Use Area. 25% 9% 20% 41% 5% Page 45 of 137 K. Other alternative for the Natural Use Area that should be considered? - Leave it natural, duhl - Natural use area is now a natural abuse area. There has to be some way to enforce the violation of use in this area and to develop a little caring of the environment in the area. - Looks like the Borough has not ever managed the natural use area. - Add green belt to codes to protect housing areas. - Expand the Boundaries. 1.1sq mi is not large enough to "develop the firing ". if you take land away then you should add land elsewhere — the other sides or in the back. - Reservoir for water supply. - Let Ted Nuget film "Spirit of the Wild" there! - Designation of areas within NU area encompassing the "lakes area" for ATV use and prohibiting other similar areas E.g., protect the Cicely, Aurel, Caroline Lakes's area, but provide for ATV use on existing "historical° trails near Jack and Lee Lakes. Prevent the expansion of trails. - Prohibit discharge of firearms in vicinity of heavily used areas e.g., the area used for target practice adjacent to Sargent Creek near Jack and Lee Lakes. - Also determine who owned the derelict cars at the end of Sargent Creek Rd — Natural Use Area. - Put up a pipe fence that will keep out cars and trucks but will let hikers, horses, 4-wheelers, snow machines, that will keep down the dumping in the natural use area. Natural Use Area Alternatives Page 46 of 137 A balance of motorized and non - motorized activities should be the priority uses in the Natural Use Area. Initiate a Borough land disposal sale in the Natural Use Area in the next five years for residential uses Initiate a land disposal sale in the Natural Use Area in the next five years for commercial and /or industrial uses. 70% 60% 50% 40% 30% 20% 10% 0% NUA Land Sale - Residential Uses Do Not Low, , i aa..;.... Support Priority Priority Priority Opinbn NUA Land Sale - Commecialllndustrial Uses A. Do you support expending Kodiak Island Borough resources to further investigate incorporation of Women's Bay as a second -class city? If yes, answer Question B. 59% 11% 14% 5% 11% B ' Assuming you support the investigation such as a feasibility analysis, should the Kodiak Island Borough actively research the matter and conduct a feasibility study during the next 1 -2 years? 36% 2% 16% 2% 43% Expend KIB resources for stricter management and regulation in the Natural Use Area per existing KIB code. 50% 40% 30% 20% 10% 0% Stricter Management of NUA Do Not Low Priority Medium High Priority No Opinion Support Priority 3. Incorporation of the Women's Bay Community as a second -class city. The 1982 Women's Bay Comprehensive Plan considered the incorporation of Women's Bay into a second -class city. Do you favor the investigation of second -class city incorporation for Women's Bay, or do you NOT favor pursuing this issue? Page 48 of 137 Percentage of Responses Do not Low Medium High No Su000rt Priority Priority Priority Opinion C. Other alternative that should be considered under this issue? - I agree with questions B only if the Boro allows the community to do most of the research and does not take over the investigation. They can guide the research, but should not be allowed to dictate its outcomes for their own narrow minded priorities (land & money grabbing for interested businesses!) - Expand the service district powers to include planning. - Incorporation is not feasible at this time but needs to be mentioned in the plan because it might be necessary when this plan gets revised in the future. - Get a grant to do it without the Borough they will lie. - Stop taking tax base from Women's Bay See E. - B Parcel residential, Lash Dock, Cliff Point. Page 49 of 137 Assuming you support the investigation such as a feasibility analysis, should the Kodiak Island Borough actively research the matter and conduct a feasibility study during the next 1 -2 years? Women's Bay Community Incorporation Alternatives Do you support expending Kodiak Island Borough resources to further investigate incorporation of Women's Bay as a second -class city? Page 50 of 137 A. Convene a Task Force comprised of industry, landowners, and others to be charged with investigating and providing recommendations to the KB Planning and Zoning Commission on gravel material resources location, 14% 9% 20% 52% 5% development and operations. - Is this the gravel committee we've been saying needs to be developed? B. Research the feasibility of alternative sites within the KIB for gravel material extraction operations and related gravel material industrial operations. - Re: 4B — BEI has in staff to do this. 11% 2% 14% 70% 2% C. The KIB should fund an engineering study to determine the quantity and quality of gravel sources in the WBC and other identified sites within the KIB. 25% 5% 27% 39% 5% D. Investigate the feasibility of gravel extraction projects in the Russian River and Sargent Creek areas that address multiple management objectives including material extraction, habitat enhancement and floodplain improvements. - I don't like this question. I don't like the first half but I do like the other half. 27% 7% 18% 39% 9% 4. Gravel Material Sources and Extraction Gravel mining operations in Bells Flats started in approximately 1965. Brechan Enterprises, Inc. currently operates an asphalt batch plant on land owned by Brechan Enterprises, Inc. along Sargent Creek Road, and gravel mining extraction operations in upper Bells Flats, under permit from the Kodiak Island Borough. The four tracts, B -1, B- 2, B -3 and B-4 total approximately 75 acres. These four tracts are leased from the Kodiak Island Borough, and the lease expires in 2007. Brechan Enterprises Inc. estimates there is sufficient gravel to extend operations through the year 2020. Gravel material is a critical Borough -wide need for roads and other forms of construction on Kodiak. Percentage of Responses Do not Low Medium High No Su000rt Priority Priority Pilo r'M Opinion Page 51 of 137 E. Determine the feasibility of viable gravel sources on property owned by native organizations and state or federal land. 11% 9% 32% 45% 2% F. Phase out gravel operations on the B Tracts in the Women's Bay Community (WBC) after the current leases expire. - When the development plan is in place. - Do 4F as soon as possible. - Re: 4F — sell as planned since 1983 as residential lots. 41% 2% 9% 45% 2% G. The KIB should conduct an industrial lands capability analysis to determine Borough -wide industrial land use supply and demand, as well as which lands in the Borough may be candidates to support the future demand for industrial type land uses. 9% 16% 18% 50% 7% H. Other alternative that should be considered under this issue? - Prioritize locating gravel extraction away from residential land. - If you control 75 acres you should be taxed accordingly. - The Borough was instrumental in creating, and more importantly perpetuating incompatible land uses and should be charged with finding and funding alternatives. - Neither residential or industrial landowners should suffer financially. - Start a plan to work out gravel problem and river enhancement with all parties who border this river and with Fish & Game to enhance this area to the advantage of all. This would be a win -win on all sides. - Do not allow the Boro to give any more land away to Brechan, they wouldn't own their asphalt plant site if the Manager hadn't sold it to them. - Have Brechan pay for the cost of viable gravel sources in D & E above, the Boro has allowed them to be a monopoly, let them pay for it. - Work with ADF &G on the options - develop a plan for "D" then you might not need the gravel task force. You can determine the gravel quality and quantity in these areas. - From the 7/23/84 WB Comp Planning Committee: ...and Page 52 of 137 Gravel Material Sources and Extraction Alternatives 60% 50% 40% 30% 20% 10% 0% Gravel Task Force Do Not Low Medium High Support Priority Priority Priority Opinion No 80% 60% 40% 20% 0% Research Alternative Gravel Sites Do Net Support Low Priority Medium Pricey High Priority No Opinion Convene a Task Force comprised of industry, landowners, and others to be charged with investigating and providing recommendations to the KIB Planning and Zoning Commission on gravel material resources, location, development and operations. Research the feasibility of alternative sites within the KIB for gravel material extraction operations and related gravel material industrial operations. when the Borough opens up more land in our area they'll need cheap gravel too, or repeat the expensive lesson teamed the last time that is "expensive gravel = costly road construction = expensive land. There is no reason for Public land to sell for as dear a price as inflated private lands. - Therefore a public (travel source looks to be a smart move on the Borough's part, and would be a real boon to the people of the Valley who spend their tax dollars to maintain Borough -owned roads. - The Borough should convene a professional study of the gravel situation — not a function of volunteers or entrenched industrial users. - After phase out of gravel extraction operations, utilize existing water filled pits for fishery enhancement and adjacent areas for park designation perhaps some adjacent areas could be developed for residential lots as long as lots were large enough and well planned in conjunction with a park. - An area like Salonie Creek with less recreation and no residents seems like a much better place for industrial use, the shooting area could be reorganized to be compatible with gravel extraction. Gravel Material Sources and Extraction Alternatives 60% 50% 40% 30% 20% 10% 0% Gravel Task Force Do Not Low Medium High Support Priority Priority Priority Opinion No 80% 60% 40% 20% 0% Research Alternative Gravel Sites Do Net Support Low Priority Medium Pricey High Priority No Opinion Convene a Task Force comprised of industry, landowners, and others to be charged with investigating and providing recommendations to the KIB Planning and Zoning Commission on gravel material resources, location, development and operations. Research the feasibility of alternative sites within the KIB for gravel material extraction operations and related gravel material industrial operations. Phase out Gravel Operations on 8 Tracts Page 54 of 137 Phase out gravel operations on the B Tracts in the WBC after the current leases expire. A. Update the 1991 feasibility study of a public water and sewer system for the Women's Bay Community (WBC), and if feasible develop a public water /sewer system in the WBC. - Update the 1991 study ( #A above) in a future comp plan revision, include the info (1991) in our current plan but don't act on it. 34% 20% 27% 16% 2% B. Identify and prioritize needed road improvement projects in the WBC. 5% 25% 34 30% 7% C. Provide better fire service. 5% 16% 36% 34% 9% D. Analyze the impacts of motorized off-road vehicles on the greater Women's Bay area, including the Natural Use Zoning District. 9% 11% 27% 48% 5% E. Protect the Russian River and Sargent Creek drainages by establishing erosion control measures. - This should be part of a plan to extract gravel, protect land owners, enhance fish runs and stabilize the river and creek from erosion, all party's should try to work for the benefit of the whole area and toward a win, win situation as much as possible. All side must work hard to accomplish this and must be open to lots of hard work. 2% 14% 48% 23% 14% 5. Public Health /Safety and Environmental Issues The WB residential community has grown significantly during the last 10 years. There are concems related to public health and safety, such as adequate clean water and areas for current and future waste disposal. There are also environmental concerns such as water quality, ATV impacts, impacts from farm animals, close proximity of existing septic systems, erosion associated with Russian River and Sargent Creek drainages, and potential industrial pollution from former and existing industrial activities to name a few. How would you rank the following public health /safety and environmental priorities? Percentage of Responses Do not Low Medium High No Support Primly Priority Priority Opinion Page 55 of 137 F. Analyze the level of industrial pollution from the industrial uses in the WBC. 11% 23% 20% 43% 2% G. Conduct a property owner survey to document problems associated with private water /sewer systems. 9% 27% 41 % 20% 2% H ' Other alternative that should be considered under this issue? - Currently there is little to no enforcement of state, federal or local regulations regarding private wells and septics or industrial uses. Establish enforcement. - Location of dumpsters evaluated. - Limit lot size and population to protect water supply. - I would like to have a bike path from Women's Bay to town. This could be used by locals and tourists!! It would make riding a bike much safer and enjoyable. - Set aside area for proper, clean adequate waste disposal. - Land use for large animals — horses, cows, goats, etc. should be scrutinized so as not to denude the frees, and kill water resources as has happened at Orbin Lake — perhaps an open range acreage designation for those who want more than one horse per acre. - Any land disposals should thoroughly evaluate water flow /drainage issues. E.g., Will development alter historical water flow patterns and if so, how will the alterations affect other established residences. Are proposed lots in a potential flood zone? - Stop heavy trucking on local roads. - Investigate pollution from junkyard on Russian River. - A) Include the comments enclosed from the 7/23/84 WB Comp Planning Committee: 8) Sewage disposal has been a subject treated lightly until recently. The project in Monashka Bay has gotten our attention due to the huge costs and resultant monthly bills to consumers. The Comprehensive Plan Committee is studying the feasibility of restoring the old Military drainage system, and using that in conjunction with domestic septic tanks and drain fields. The Idea is to hook each leach field and run this effluent throughout the restored Military collection system. With only this low grade liquid Percentage of Responses Do not Low Medium High No Support Priority Priority Priority Opinion Page 56 of 137 effluent it is possible that we may be able to discharge into the ocean using only a sand filter or equivalent. We have sent away for information on a new product that restores underground lines without excavating. We will also be working up an approach to the Alaska Department of Environmental Conservation conceming them doing a feasibility study on this idea. Page 57 of 137 Public Health /Safety and Environmental Alternatives Conduct a property owner survey to document problems associated with private water /sewer systems. Page 58 of 137 Analyze the impacts of motorized off-road vehicles on the greater Women's Bay area, including the Natural Use Zoning District. Analyze the level of industrial pollution from the industrial uses in the WBC. 60% 50% 40% 30% 20% 10% 0% Analyze Impacts of Off -Road Vehicles Do Not Low Priority Medium High Priority No Opinion Support Priority Protect the Russian River and Sargent Creek drainages by establishing erosion control measures. Page 59 of 137 6. Other Comments and Issues 1. In the beginning there were large tracts of land located well outside city limits and general population. Time passes this land is utilized as industrial and residential. As residential population increases land use controversies grew. Unfortunately our govemment chose to ignore the early rumblings, or at best endorsed meager cures. Now we have a major clash between industrial use and residential. In a comp plan the government hopes to placate the differences. In truth the Borough needs to aggressively pursue elimination of incompatible uses. Industry is not the villain and rightfully is protective of a status quo as change will most probably cost them. I feel over the years and changes in government personnel the competing uses have been exacerbated by borough decisions to sell more residential land, allow further subdivisions and yet allow extended and expanded non - residential uses (soil remediation and junkyard). The Borough needs to own up and accept the economic brunt of solving this issue. 2. I think some real good will come out of this the identification of problems will lead slowly to improvement and will help all as time goes on. The first thing to remember is to go slowly and think out the problems as they arise. This is a place for the old adage "haste makes waste." I want to thank the hard work of people who have worked on this project and hope they will continue on as this is the first phase and will take a lot of continuing work. We will gain by what has taken place and will in the future thank those who have worked so hard. 3. Do not develop the current natural use zone. More development in this area will negatively impact the watershed supporting existing development. Some mechanism needs to be developed and enforced to manage ATV use in the natural use zone. Develop a facility to receive trash and garbage other than dumpsters. This should include a recycling collection facility as well. 4. I do not support the development of the Natural Use Zones. Many are water shed areas essential to maintaining the success of wells on currently developed lots. Lots sizes should remain at least 1 acre to support well and septic systems. Development of hiking /biking trails in Natural Use areas would enhance pubic use (keep motorized areas separate from hiking trai8ls) and exercise maintenance of these areas. Moving dumpsters to "LASH" docks area has helped tremendously but an effective trash collection facility w /recycling cappabili8ties would serve our community best. 5. Consider land for community center and enlarged firehouse. Develop a better garbage collection system. 6. Close the asphalt batch plant site and swap land for other tracks. Use batch plant land for community center or park. 9. Comp plan area should include all land area in the Women's Bay drainage area. Only planning for the developed areas will just grow the same problems we have now to the new areas. Industrial areas need to be buffered by a non - residential business area. There is a fire protection and life safe problem with the dead end roads. Page 60 of 137 10. I would hope some recognition of the Women's Bay Community Council as an elected body interested in the well being of the community is important. I would also like the feasibility of a community library and pubic meeting area to be considered. If we got a public library grant from the state and help from the Boro, an addition could be built to the fire house that would provide such an information source as well as a venue to hold meetings and training. Meeting & voting in the fire bay is just not encouraging to interested community members. 11. Thank you for including the Women's Bay Comprehensive Planning Committee notes from July 23, 1984. Many of their comments should be included in our current plan: the need for a public gravel source (page 4); set aside land for parks "5% of future large land offerings by the Borough is our current consensus" I am still confused about our boundaries. We should use our historical boundaries that our U.S. Census figures are based on: either the 1990 Census 44.9 square miles or the 2000 Census 43.7 square miles. Calling the boundaries a drainage area is too limiting. If it was called a Basin or a Bowl then it would fallow the natural visual boundary. You could see the whole area from the road and know the boundaries. The Natural User Area and Salonie Creek should be left as is in this Plan revision. No future development should be here for at least 20 years. It should be left alone for future generations to develop only if it is necessary. Gravel extraction should not be studied in the Salonie area for this plan revision. Because these two areas need to be protected from residential development we should follow the original plan to develop residential areas in the B parcels. I don't favor a park in the B parcels because it is already developed. Thank you for holding this information meeting and I appreciate being able to add comments. 12. The unresolved dumpster problem — where to locate? Lift stations? Abandoned cars, junk cars. The "Recycle Center" located on "agricultural land," adjacent to a salmon stream. At time bomb, and huge liability. Unbridled ATV usage, environmental degradation. 13. Thank you for putting this survey together. Some of the questions were hard to answer because they were "yes" and "no" at the same time but I did my best. Other Issues: 1) It would be nice if ATV users had areas to go to that would not disturb homeowners or wreck the land. 2) What to do with abandoned "junk" or vehicles not on KIB land? How do we clean up? (Example — Abandoned cars on road to beach that is Leisnoi or Federal land). 3) There should be constraints on industrial use in the midst of residential neighborhoods!!! They are not usually good neighbors since they don't live here! 14. The Borough has problems funding their present obligations to its' citizens so leave Women's Bay Community alone. If you aren't happy here you have the freedom to move. I have a view of Women's Bay, Orbin Lake and Brechan's Page 61 of 137 batch plant. It doesn't bother me. We need industry on Kodiak. It would be a financial hardship to move the plant. Disband the Women's Bay Community Council. All they seem to want to do is create needless hysteria and propose things to the Borough that will cause property taxes to rise. 15. Possibly the continued clean up of WWII remnant and hazardous materials. 16. Land Use Issues /Natural Use Area — KIB needs to fulfill it's responsibility to provide recreational park lands to the growing Community of Women's Bay. Manashka community has Mill Bay Beach, Termination Point/White Sands Beach area, and the State Park. Downtown has Mission Beach, Near Island, Gibson Cove, etc. Women's Bay Community has its very small Natural Use area. We need signs, trail maintenance and education not more houses developed on the "fringe ". Whoever put forth the notion that developing houses in the park would help protect it, is making a big assumption that the purchasers of those houses won't have several ATV's parked in their driveways. Another recreation area that should be given open access is Salonie Creek. NO more locked gate. People need to be able to access the area on a safe road with a route behind the rifle range, not a route that has them sneaking past down range on ATV trails. The Borough must not give conditional use permits to operations in Conservation zoning that borders the Maritime National Wildlife Refuge in Women's Bay to industry that produces noxious fumes and odors Our public access beach located at the bottom of Marine Hill was rendered unusable due to the fumes generated by the soil burner there. I understand that that business has gone bankrupt. While that location is private land, please do not repeat that shortsighted zoning decision. Conditional use permits for that area should be sensitive to goals and objectives of Coastal Zone, management and the Refuge system. Legitimate recreational area's need protection. KIB should not expect it's residents to trespass on private property for their recreation needs. Gravel Extraction — Other areas should be investigated. There should also be a plan on how the current leases must be left. There has been damage to the rivers, silting and a change in the water table in that area. If the area is re- leased to a company for gravel extraction when Brechan's current lease expires, there must be a clear and developed plan for how the area is to be ecologically enhanced during the lease and how it shall be left. Public Health & Environmental Issues — The "dump" located at the Slaughterhouse grounds needs some oversight due to its close proximity to the river and groundwater issues affecting domestic wells. Zone out stationary asphalt plants from below residential areas within A mile. At the very least, purchase some air quality meters for specific locations upwind (on Page 62 of 137 a normal summer day, breeze coming in off the Bay) for any future heavy asphalt seasons. Neighborhoods on the ridge above Brechan's Asphalt plant should be able to document unsafe air quality instead of being dismisses as whiners and complainers. An air quality standard could be enforced when meters showed weather conditions were not conducive to cooking asphalt on a particular day. If this negatively impacted Brechan's business at that location, they then might have the financial incentive to move their asphalt operation away from residential. Other — Set aside land for future municipal needs such as garbage transfer station, schools, community centers and or building should Women's Bay incorporate as a city 20 years from now. 17. The B parcels designated as a gravel resource, with future development as residential lots in 1983 with a completion date in 20 yr. There is 75 acres at stake. As stated by the borough excess land should be transferred to public ownership. This area is very valuable as a tax base & cash. 30 lots sold @ (low) 35,000 = $1.15 mil for borough. 30 lots assessed at (low) $175,000 /with houses 5.25 mil in taxable properties at 9.25 mills = $48,562 per year in revenue. This isn't for a few years it's forever BEI needs to be closely monitored to insure this long term resources is not lost. 18. Women's Bay has changed over the years and in now primarily a residential rural neighborhood. This is less compatible with industry than it was in the past. The Salonie Creek area seems more compatible with the industry that utilizes the Flats (gravel and pavement preparation). ATV use is on the rise and while I don't think it should be restricted, it should be controlled to maximize safety and minimize habitat destruction. Page 63 of 137 K. Summary Report: Public Comments and Next Steps — June 2005 Womens Bay Comprehensive Plan Public Review Draft February 2005 Page 64 of 137 Summary Report: Public Comments and Next Steps Prepared for Kodiak Island Borough Prepared by M. R. Steams Planning + Design LLC June 2005 Kodiak bland Borough Women. Bay Comprehensive Plan Public Review Draft Feb. 2005 Summary Report Public Comments and Neat Steps The Womens Bay Comprehensive Plan cannot solve all of the Borough's residential, industrial and recreation land shortages. These am now viewed as Borough wide problems and can only be solved by updating the 1968 RIB Comprehensive Plan, following the core plans of the 1982 Womens Bay Comp Plan and the further revisions of 1988, and finalizing the 1997 Draft WB Natural Use Area Plan. The soon to be formed Gravel Committee and the extensive work of the RIB Parks and Recreation Committee will also help to provide the updated needs of the Borough and Womens Bay'. IA. R. Steams Planning • Design LLC Comment Received an the women Bey Compeehenslve Nan Public Review Draft, February 2005 Page 65 of 137 June 2005 2 Kodiak bland Boroupli htJk � Women Bay Compehaalre Stan Publk Review Brea Fab. 2005 Sommuy Report: aid ttext Steps Summary The Kodiak Island Borough (KIB) contracted with M. R. Steams Planning + Design LLC to facilitate the distribution and review of the Womens Bay Comprehensive Plan Public Review Draft (Feb. 2005); facilitate a community meeting for public input and discussion; and provide a consultant report on the results of the public review, including recommendations for 'next steps'. Notices of the Public Review Draft availability were mailed to all Womens Bay properly owners as found in the KIB Assessor's database in February. A public notice was also published In the Kodiak Daily Mirror. The Public Review Draft has been circulated by the Kodiak Island Borough, Department of Community Development. through hard copy. CD and the Borough's website since February. In addition, a public meeting was advertised in the Kodiak Daily Mirror and held at Peterson Elementary on April 19, 2005 where approximately 60 people signed in on the attendance sheets and participated. , The summary report includes detailed information gathered from the comments on the Public Review Draft. It also includes consultant recommendations on 'next steps' for a process to finalize and adopt the Womens Bay ComprehensWe Plan 2005. Many public comments have been grouped and organized Into a table with subject or theme categories where possible, with additional dismission and recommended 'next steps'. Appendix A includes a table listing the names and contact Information for all written comments received by the KIB Department of Community Development and copies of the actual written comments. Appendix B includes the April 19, 2005 meeting notice. meeting handouts and the names of the attendees from the list of participants signed in at the public meeting at Peterson Elementary. Appendix C includes a copy of the Draft Notes that were prepared by the KIB Department of Community Development based on the comments made during the public meeting on April 19, 2005. It should be noted that the public meeting was not taped so the Draft Notes reflect a summarized interpretation of the participants comments. There may have been some misinterpretations and therefore corrections for accuracy are welcomed by the KIB Department of Community Development. Appendix 0 includes a copy of the MatanuskaSusitna Borough (MSB) Planning Department's 'Comprehensive Planning Team Commitment Form'. Thls form Is used by the MSB to solicit membership on planning teams for venous community planning areas in the MSB and is included in this report as a reference tool. It R. Steams Planning • pair, LLC Page 66 of 137 June 2005 3 Themes and Subjects of Comments Discussion Recommended "Next Steps" A. Emphasize the Womens Bay Comprehensive Plan Public Review Draft is the update to the 1982 Womens Bay Community Plan. Follow the decisions of the 1982 update. Several current Womens Bay residents were involved with the 1982 Comprehensive Plan and the draft work of the late 1980's. Public comments: Continue to involve former (1982 Comprehensive Plan authors) and current Womens Bay residents and stakeholders in the finalization of the update to the Womens Bay Comprehensive Plan. Use previous work as a guide and framework to update the Comprehensive Plan. Build on decisions that were made in the adopted 1982 Plan and in the draft work of the late 1980's. Include Womens Bay Community Council in "Action" statements. The KIB should consider establishing and supporting a planning team to help finalize the Womens Bay Comprehensive Plan 2005. There is a wealth of background information included in the Public Review Draft. The planning team could be tasked with reaching consensus on the individual elements and exact wording of the final Plan. Each revised chapter of the Public Review Draft could be reviewed, edited and 'endorsed' by the planning team. Applicants for this planning team could come from a variety of backgrounds and interests, including stakeholders who actively participated in the review of, and comment on, the Public Review Draft. See Appendix D for recommended planning team application format. B. 1997 Draft Womens Bay Natural Use Plan Public comments: The Natural Use District zoning (KIBC 17.12) was established by KIB code in 1989. Over 5000 acres of Borough and State land are zoned Natural Use District in the Womens Bay area. The Natural Use Zoning Numerous written comments were received on this topic indicating many citizens feel passionately about this area. Because it can be relatively easily undertaken due to the work that has already been done, the KIB Kodleb bend Borough Women Bay Comprehensive Plan Publk Review Dee Feb. 2005 Summary Repat: Publk Comments and Neat Steps Comments Summarized by Subject 1 This table organizes some of the ey 'Names" found in written comma is received (Appendix A) and the notes (Appendix C) prepared from the verbal comments made during the April 19, 2005 public meeting. M. R. Seers Planning • Design LLC Juno 2005 4 Page 67 of 137 Themes and Subjects of Comments Discussion Recommended "Next Steps" District was established for the purpose of: protecting the natural environment, including fish and wildlife habitat and water quality and quantity, while providing for the human use of fish, wildlife, and plant resources. This zoning district is also designed to: A. protect trails on public lands; B. protect waterways and their banks; and C. discourage development by prohibiting the construction of most structures in this zoning district. should 'revive' and finalize the 1997 Draft Womens Bay Natural Use Plan for public review and KIB adoption. Additionalty, the GPS /GIS trails data should continue to be collected for the Natural Use District in Womens Bay and integrated into the final Womens Bay Natural Use Plan. C. Boundaries of Womens Bay planning area. Public comments: The Public Review Draft recommends a core planning area (783 acres of Bells Flats, Russian River and Sargent Creek subdivisions) within a greater regional or watershed boundary planning area of approximately 34,000 acres. The greater watershed boundaries have been the subject of much public discussion and debate. The Planning Team should: review public comments for incorporation into final revision of Public Hearing Draft; review planning area boundaries utilized by the US Census community information to determine applicability; and review purpose and need to expand boundaries to include Cliff Point to US Coast Guard Base property. D. Salonie Creek Public comments: Several comments were made about planning for a future mixed -use land development strategy for The Planning Team should incorporate findings and recommendations of the newly formed KIB Gravel Committee as related to Kodiak Island Borough Women. Bay Comprehensive Plan Public Review Draft Feb. 2185 Summery Repel : Pubic Cmunnts and Kul Step K R. Stem ng • Oesign LLC Page 68 of 137 Jum 2005 Themes and Subjects of Comments Discussion Recommended "Next Steps" the Salonie Creek area possibly including industrial, commercial, residential, parks, recreation and open space. 2 One commenter stated the Salonie Creek area is a "key component to dealing with a number of future uses in the Womens Bay areal Womens Bay and the SaIonia Creek area. KIB should pursue grants and/or other funding for the development of a long- range master plan for the Sabnie Creek area. E. Land Use Compatibility Public comments: Quality of life issues; explore - opportunities for other industrial locations; and residential land surrounds industrial use lands. The Planning Team should . review public comments for incorporation into final revision of Public Hearing Draft and keep policies in Plan that address the need to review in the short -term the current and future zoning of lands in the Womens Bay area. F. Parks. Recreation, Trails and Open Space Public comments: ATV use conflicts; habitat degradation; public access; mapping the existing conditions and use of the Womens Bay trails; lots of kids in Bells Flats need more parks and ball fields; need family recreation areas close by; and enjoyment of existing open space. The Planning Team should incorporate public comments into final revision of Public Hearing Draft and encourage the KIB Parks and Recreation Committee to participate in the final recommendations and strategies for this Plan element. G. Watershed Planning Public comments: What are boundaries of watershed; for future The Natural Use Area Plan for Womens Bay should address the need and incorporate the principals of need sewage treatment facility to protect Kopek bland Borough Womens Bay Comprehensive Plan Public Review Drat Feb. 2005 Summary Report Public Comments and Rat Step` 2 Recent personal communication with Borough Manager indicated the existing rifle range at Sabnie Creek, operated by the Kodiak Island Sportsmen's Assodation. recently received a lease amendment and extension that extended the existing lease on KIB land to August 10, 2019 with periodic rem reviews every five years starting August 11. 2009. M. RSteams Pluming+Design LLC June2005 6 Page 69 of 137 Themes and Subjects of Comments Discussion Recommended "Next Steps" watershed; and too many animals damages streams due to the toxic affluent that is being released through run off. watershed planning for the Womens Bay area. See 'Floodplain and Gravel Management' for additional watershed planning recommendations. H. Future Growth Public comments: Future population needs for residential land disposals; public land management; establish °sense of place' including a future cemetery site in Womens Bay, investigate usability of former WW 11 sewer systems in Womens Bay and Salonie Creek; future impact of Native -owned and management programs; investigate hydro-power feasibility; and satisfying the Borough's future gravel needs. The Planning Team should review public comments for incorporation into final revision of Public Hearing Draft. (For example, Include information In Plan on WW II sewer systems that are withheld by easements on existing plats in Womens Bay). I. Floodplain and Gravel Management Public comments: Status of US Coast Guard property at Sargent Creek; address gravel extraction at Russian River and Salonie Creek with incentives for salmon enhancement; salmon cannot get upriver to spawn; several million yards of gravel could be removed to re- establish both the Sargent Creek and Russian River beds to control flooding and allow access to the upper portions of the rivers to enhance the salmon runs; and zoning maps and plat sheets in the Womens Bay area are currently in conflict (i.e. the Russian River is The KIB Gravel Task Force should add investigation of multi- objective approaches to watershed and river planning to its tasks. This is a community -based approach to watershed and fioodplain management that incorporates: flood loss reduction; flow control; streambank stabilization; restoration; fisheries improvement; recreation; natural hazard mitigation; wetland enhancement; habitat improvement; cultural resource enhancement; economic revitalization; and environmental education. Kodiak bland Borough Woman Bey Comprehensive Plan Public Rwhw Draft Feb. 2005 Summary Report Pubic Comments and teat Saps It R Steams Planning • Design SSC Page 70 of 137 June 2005 Themes and Subjects of Comments Discussion Recommended "Next Steps" zoned green belt but the plat shows a State of Alaska material site. J. Public Review Draft GIS Maps Public comments: Update and include existing zoning map in Plan including Natural Use District zoning; maps are too confusing and have too much going on; and suggest showing only the core and watershed boundaries on one map, land ownership on one map, and zoning districts on third. Determine set of maps to support final Plan. At a minimum, prepare accurate GIS maps showing planning boundaries, land ownership, and zoning to support final Plan. Remove land based classification system maps and other background maps from final Plan. K. Land Based Classification System. Public comments: Useful for KIB approach to land classification system but confuses general public and not necessary to include in final Plan. The KIB should consider applicability of this land use classification system in the future development of the KIB GIS system. The KIS should strive to develop a partnership between the KIB Assessor's database and the needs of the Department of Community Development through the on-going BLM Cadastral Project. L. Natural Resource Inventory and Analysis. Public comments: Seek input from ADFG and USFBW biologists; include descriptions of all threatened and endangered species; consider salmon stocking in "closed' gravel pits; and overall improve natural resource inventory and analysis. The Planning Team should review public comments for incorporation into final revision of Public Hearing Draft. Planning Team members (with relevant expertise) could be 'enlisted' to assist in improving the resource inventory and analysis in the final Plan. Kodiak Island Borough Women Bay Comprehensive Plan Public Review Dorf Feb. 2005 Summary Report Pudic Commend and Neat Steps 5. 0. Steams Planning Design LLC Page 71 of 137 June 2005 Themes and Subjects of Comments Discussion Recommended "Next Steps" M. Industrial Lands Goals, Objectives and Actions. Public comments: The objective of inventorying existing industrial land resources and capabilities is a K1B -wide Issue (not just for Womens Bay); and now is the time to look at future possibilities for industrial expansion. The Planning Team should review public comments for incorporation into final revision of Public Hearing Draft. K16 should pursue grants and/or other funding for the development of a KIB Industrial Lands Inventory and Capability Study in the near -term. N. Issues, Goals, Objectives and Actions Public comments: Which specific KIB entities or Departments will lead if action is pursued and include Womens Bay Community Council in action statements. The Planning Team should review public comments for. incorporation into final revision of Public Hearing Draft. O. Solid Waste Management. Public comments: Womens Bay could be a model of successful waste management with planning and education about recycling but the KIB is not encouraging folks to recycle. The Planning Team should review public comments for incorporation into final revision of Public Hearing Draft. Objective 1.3.6 addresses solid waste transfer and recycling center for Womens Bay. P Native-Owned Land Management Public comments: Ouzinkie has no current plans for developing its lands in Womens Bay, however, its long -term goal is to develop a residential subdivision on the eastern boundary of its land. The K10 should encourage the participation of at least one or more representatives from Ouzinkie, Koniag and Lesnoi Native Corporations on the Planning Team and in the finalization of the Public Review Draft as their lands are within the greater regional watershed planning boundary. Kodiak Blend Borough Woman* Bay Comprehensive Plan Publk Review Drill Feb. 2005 Summary Report Public Comments and Neat Stops It R Shams Planning • Design LLC Page 72 of 137 Jun* 2005 Grant Name Alaska Coastal Management Program — Special Project Grants Program /Timeline Grants to rewrite coastal plans and comprehensive plans, and implementation measures, such as mapping. Spring 2004 Agency Contact Dept. of Community and Economic Development Division of Community Advocacy John Gliva, Planner III 550 W. 7th Ave., Suite 1790 Anchorage, AK 99501 -3510 Phone: 907 - 269 -4588 Fax' 907 - 269 -4539 Email: john aliva(a)dced.state.ak.us http://www.dced.state.ak.us/cbd/art/allurants.htm Alaska Coastal Management Program — The Enhancement Grants Program Intended to improve the effectiveness of CMP. Spring 2004 Department of Natural Resources Office of Project Management &Permitting Katharine Neuman, ACMP Planner 302 Gold Street, Suite 202 Juneau, AK 99801 Phone: 907 -465 -3075 Fax: 907 - 465 -3075 Katharine Heumann(a.dnr.state.ak.us Web: http: / /www.dnr.state.ak.us/ Alaska Human Resource Investment Council Grants, Technical Assistance, Data/Information Alaska Dept. of Labor and Workforce Development 550 W. 7th Ave., Suite 1830 Anchorage, AK 99501 Phone: 907 - 269 -7485 Fax: 907 - 269 -7490 E -Mail: mailto:ahric(ddnr.state.ak.us Alaska Regional Development Organization Technical Assistance, Data/Information Dept. of Community and Economic Development Division of Community Advocacy Midge Clouse, Program Coordinator 550 W. 7th Ave., Suite 1790 Anchorage, AK 99501 -3510 Phone: 907 - 269 -4587 Fax: 907 - 269 -4539 maitto:midge clouse(a)dced.state.ak.us http://www.dced.state.ak.us/cbd/ort/allorants.htm Alaska Scenic Byways Program Scenic Byway Grants can be used for developing corridor management plans. Annual basis Alaska Department of Transportation and Public Facilities Diane Regan, Scenic Byways Coordinator 3132 Channel Drive Juneau, AK 99801 Phone: (907) 465 -4070 Fax: (907) 465 -6984 Email: scenic byways(ffidot.state.ak.us Web site: http: / /www.byways.orq Brownfields Economic Development Initiative Grants U.S. Department of Housing and Urban Development - Community Planning and Development (CPD) Contact: CPD Representative 949 E. 36th Ave., Suite 401 Anchorage, AK 99508 -4399 Phone: 907 - 271 -3669 Fax: 907 - 271 -3667 Web: http: / /www.hud.gov /cod /cpdhome.html Cadastral Project Grants for cadastral projects, Dept. of Natural Resources L. Future Project Funding Recommendations Page 73 of 137 Grant Name Program /Timeline land ownership records and database/website development Spring 2004 Agency Contact Land Records Information Section Attn. Elena Cogdill 550 West 7"' Avenue Anchorage, Alaska 99501 Email: Elena coodill(a)dnr.state.ak.us Web: http: / /www.dnr.state.ak.us/ Capital Matching Grants - Unincorporated Communities Enhance the role of communities in initiating and prioritizing capital projects. Annual lump -sum appropriations are made by the Legislature. Division of Community & Business Development Department of Community Advocacy Tena Hart, Grants Administrator P.O. Box 110809 Juneau, AK 99811 -0809 Phone: (907) 465 -4731 Fax: (907) 465 -5867 e -mail: tena hart(d)dced.state.ak.us Web: http://www.dced.state.ak.us/cbd/ort/communitvorants. htm Community Development Block Grant (CDBG) Grants, Technical Assistance, Grant- Writing Workshops August 30 2003 Dept. of Community and Economic Development Division of Community Advocacy Jo Cooper, Program Coordinator 209 Forty Mile Ave. Fairbanks, AK 99701 -3110 Phone: 907 - 452 -4468 Fax: 907 - 451 -7251 Email: mailto:io cooper(Wdced.state.ak.us Web: www.dced.state.ak.us Community Development Block Grant (CDBG) Grants, Technical Assistance Grant- Writing Workshops August 30, 2003 U.S. Department of Housing and Urban Development - Community Planning and Development (CPD) Program Contact: CPD Representative 949 E. 36th Ave., Suite 401 Anchorage, AK 99508 -4399 Phone: 907- 271 -3669 Fax: 907- 271 -3667 Web: http : / /www.hud.00v /cod /cpdhome.html Community Mappino Grants Funds available for community profile maps. Ongoing Dept. of Community and Economic Development Division of Community Advocacy Keith Jost, Planner III 550 W. 7th Ave., Suite 1790 Anchorage, AK 99501 -3510 Phone: 907-269-4588 Far 907- 269 -4588 Email: keith iost(a.dced.state.ak.us — Initiative for Accelerated Infrastructure Development JIM) Web: http: //www.dced. state .ak.us /cbd /ort/allgrants.htm Conservation Technical Assistance Technical assistance, Data/Information, Training Web: http: //www.nres.usda.gov/ U.S. Department of Agriculture - Natural Resources Conservation Services Contact: State Resource Conservationist 949 E. 36th Ave., Suite 400 Anchorage, AK 99508 Phone: 907 - 271 -2424 Fax: 907 - 271 -3951 E -Mail: mailto: iohn.copelandeak.usda.gov Disaster Recovery Initiative Grants U.S. Department of Housing and Urban Development - Community Planning and Development (CPD) Contact: CPD Representative Page 74 of 137 Grant Name Program /Timeline Agency Contact 949 E. 36th Ave., Suite 401 Anchorage, AK 99508 -4399 Phone: 907 - 271 -3669 Fax: 907 - 271 -3667 Web: http : / /www.hud.gov /cpd /cpdhome.html Economic Development Initiative Grants U.S. Department of Housing and Urban Development - Community Planning and Development (CPD) Contact: CPD Representative 949 E. 36th Ave., Suite 401 Anchorage, AK 99508 -4399 Phone: 907 - 271 -3669 Fax: 907 - 271 -3667 Web: http: / /www.hud.00v /cod /cpdhome.html Economic Development Loan Guarantee (Section 108) Grants U.S. Department of Housing and Urban Development - Community Planning and Development (CPO) Contact: CPD Representative 949 E. 36th Ave., Suite 401 Anchorage, AK 99508 -4399 Phone: 907 - 271 -3669 Fax: 907 - 271 -3667 Web: http : / /www.hud.gov /cpd /cpdhome.html Economic Development Districts; Redevelopment Areas Grants for regional economic development planning. $50,000 to $60,000 annually. Economic Development Administration U.S. Department of Commerce Berney Richert 550 W. 7th Ave., Suite 1780 Anchorage, AK 99501 Phone: (907) 271 -2272 Fax: (907) 271 -2274 e -mail: berneyealaska.net Education, Research and Public Service Technical Assistance, Data/Information University of Alaska Contact: Vice President, University Relations 910 Yukon Dr. Fairbanks, AK 99775 Phone: 907 - 474 -7582 Fax: 907 - 474 -7570 E -Mail: mailto :wendv.redman(a)alaska.edu Web: http: / /www.uaa.alaska.edu/ Flood Mitigation Assistance Grants available to write flood mitigation plans $10,000 /plan Ongoing Dept. of Community and Economic Development Division of Community Advocacy Christy Miller, Planner III 550 W. 7th Ave., Suite 1790 Anchorage, AK 99501 -3510 Phone: 907 - 269 -4588 Fax: 907 - 269 -4539 maitto:mchristy miller(ddced.state.ak.us Web: http: / /www.dced. state .ak.us /cbd/gri/allgrants.htm Historic Preservation Grants- In -Aid Matching grants for the survey and inventory of historic properties, historic preservation planning, and for restoration of historic Division of Parks & Outdoor Recreation Department of Natural Resources Judy Bittner, State Historic Preservation Officer 550 W. 7th Ave., Suite 1310 Anchorage, AK 99501 -3565 Page 75 of 137 Grant Name Program /Timeline properties. Agency Contact Phone. (907) 269 -8721 Fax: (907) 269 -8908 e -mail: ohaaalaska.net Web: http: / /www.dnr.state.ak.us/parks/oha web /shoo. htm Information Applications Assistance Technical Assistance, Data/Information Alaska Department of Natural Resources - Public Information Center Contact: Public Information Officer 550 W. 7th Ave., Suite 1260 Anchorage, AK 99501 Phone: 907 - 269 -8400 Fax: 907 - 269 -8901 Email: mailto:picadnr.state.ak.us Web: http: / /www.dnr.state.ak.us/ Land Resources and Community Development Technical Assistance, Data/Information, Training/Workshops Dept. of Community and Economic Development Division of Community Advocacy Jim Sanders, Local Government Specialist 550 W. 7th Ave., Suite 1770 Anchorage, AK 99501 -3510 Phone: 907 - 269 -4591 Fax: 907 - 269 -4563 E- Mailmailto: iim sanders Web: http: / /www.dced.state.ak.us/mra/mrad lga.htm Mini -Grant Program Intended to improve community economy in a significant and long lasting way. August 1, 2003 Dept. of Community and Economic Development Division of Community Advocacy Jo E.Grove, Grant Manager 209 Forty Mile Ave. Fairbanks, AK 99701 -3110 Phone: 907 - 452 -4468 Fax: 907 - 451 -7251 Email: mailto:Jo arove(a2dced.state.ak.us Web: htto://www.dced.state.ak.us/cbdkirt/allarants.htm Municipal Issues Technical Assistance, Data/Information Alaska Municipal League Kevin Ritchie, Executive Director 217 2nd St., Suite 200 Juneau, AK 99801 Phone: 907 -586 -1325 Fax: 907-463-5480 E -Mail: mailto :kevinrepobox.alaska.netWeb: Web: http: / /www.akmunileaque.ora/ Outdoor Recreation Land and Water Conservation Fund Grants Recreation plans, acquisition, and development of outdoor recreation areas and facilities. State only is eligible for planning money. Borough would be eligible for acquisition and development money. Division of Parks & Outdoor Recreation Department of Natural Resources Joy Bryan - Dolsby 550 W. 7th Ave., Suite 1380 Anchorage, AK 99501 Phone: (907) 269 -8692 Fax: (907) 269 -8907 e-mail: joy brvan- dolsbyadnr.state.ak.us htto://www.dnr.state.ak.us/oarkskirants/index.htm Rasmuson Foundation Grants Ongoing Rasmuson Foundation Attn. Grants Coordinator 301 W. Northern Lights Blvd., Suite 443 Anchorage, AK 99503 Phone: 907 - 297 -2870 Fax: 907 - 279 -2870 E -Mail: mailto:rasmusonfdn(&ak.net Web: http: / /www.rasmuson.oro/ Page 76 of 137 Grant Name Recreational Trails Grant Program ProgranilTimeline Trail development, trail maintenance, environmental protection or safety education programs relating to trail use. Applications available on the Web site between July 15 and September 30th. Agency Contact Dept. of Natural Resources Alaska State Parks Kim Kruse 550 W. 7th Ave., Suite 1380 Anchorage, AK 99501 -3561 Phone: (907) 269 -8704 Fax: (907) 269 -8907 e-mail: kim kruse(rildnr.state.ak.us Web site: htte://www.dnr.state.ak.us/parkskirantsltrails.htm Resource Conservation and Development Technical Assistance, Data/Information Grant Writing Assistance Web: http: / /www.nres.usda.aov/ U.S. Department of Agriculture - Natural Resources Conservation Services Contact: Assistant State Conservationist 800 W. Evergreen, Suite 100 Palmer, AK 99645 Phone: 907 - 761 -7700 Fax: 907 - 761 -7790 E -Mail: mailto :jim.schmidtng,ak.nres.usda.gov Rural Business Opportunity Grants U.S. Department of Agriculture - Rural Development Contact: Guaranteed Unit Loan Manager 800 W. Evergreen, Suite 201 Palmer, AK 99645 Phone: 907 - 761 -7722 Fax: 907 - 761 -7783 E -Mail: mailto :dstewarterdmail.rural.usda.gov Grant Web: http: / /www.nres.usda.gov/ Rural Housing and Economic Development Program Grants, Technical Assistance U.S. Department of Housing and Urban Development - Community Planning and Development (CPD) Division Contact: CPD Representative 949 E. 36th Ave., Suite 401 Anchorage, AK 99508 -4399 Phone: 907 - 271 -3669 Fax: 907 - 271 -3667 Web: http : / /www.hud.qov /cpd /cpdhome.html Rural Alaska Broadband Internet Access Grant Program Acquire and install equipment, facilities and systems to provide local Internet access in qualifying communities in rural Alaska. Applications are available from the RCA: http://www.state.ak.us/rca/usd Regulatory Commission of Alaska Catherine Sabrowski 701 West 8th Ave., Suite 300 Anchorage, AK 99501 Phone: (907) 276 -6222 Fax: (907) 276 -0160 e-mail: catherine m sabrowski(g.rca.state.ak.us Web site: http: / /www.state.ak.us/rca a/grant.htm Rural Business Opportunity Grants Economic development planning USDA Rural Development U.S. Department of Agriculture Dean Stewart 800 W. Evergreen, Suite 201 Palmer, AK 99645 Phone: (907) 761 -7722 Fax: (907) 761 -7793 e -mail: dstewart(a)rdmail.rural.usda.gov Web site: http: / /www.rurdev.usda.gov Page 77 of 137 Grant Name Snow Survey and Water and Climate Program /Timeline Technical Assistance, Data/Information Agency Contact U.S. Department of Agriculture - Natural Resources Conservation Services Contact: State Conservation Engineer 949 E. 36th Ave., Suite 400 Anchorage, AK 99508 Phone: 907- 271 -2424 Fax: 907 - 271 -3951 E -Mail: mailto:iay.cobbAak.usda.gov Web: http: / /www.ak.nres.usda.gov/ Solid Waste Program Technical Assistance, Data/Information Alaska Department of Environmental Conservation - Environmental Health Contact: Program Manager 410 Willoughby Ave., Suite 303 Juneau, AK 99801 Phone: 907 - 465 -5350 Fax: 907 - 465 -5164 E- Mailmailto: solid waste(Wdec.state.ak.us Web: http: / /www.state.ak.us/dec/deh /solidwaste Unified Planning Work Program Transportation Plans Spring 2004 Department of Transportation and Public Fac. Attn. Rex Young, Kodiak Area Planner P.O. Box 196900 Anchorage, Alaska 99519 -6900 Phone: 907 - 269 -0507, Fax: 907 - 269 -0521 Email: maitto:rex voung(g.dot.state.ak.us Web: http: / /www.dot.state.ak.us/ VISTA (Volunteers In Service to America) - Village Council Management Program Technical Assistance, Data/Information Rural Alaska Community Action Program — Community Development Contact: Rural Development Coordinator -VISTA Leader P.O. Box 200908 Anchorage, AK 99520 Phone: 907-279-2511 Fax: 907-278-2309 Web: http: / /www.ruralcap.com/ Watershed Protection Programs Financial assistance Small Watershed Program — prevention. Emergency Watershed Protection (EWP) Program - imminent hazards. Ongoing Alaska State NRCS Office U.S. Department of Agriculture Shirley Gammon, State Conservationist 800 W. Evergreen, Suite 100 Palmer, AK 99645 Phone: (907) 761 -7780 Fax: (907) 761 -7790 e -mail: shirley.gammonaak.usda.gov Web site: http: / /www.ak.nres.usda.gov Wetlands Program Development Grants Grants U.S. Environmental Protection Agency - Alaska Operations Office Contact: Wetlands Grant Coordinator 222 W. 7th Ave., #19 Anchorage, AK 99513 Phone: 907 - 271 -5083 Fax: 907 - 271 -3424 E- Mailmailto: ien.mark(g.epa.gov Web: http: / /www.epa.gov/ Page 78 of 137 PLANNING PERIOD Phases 1 -111 Immediate Ultimate (Yr. 2010) 665 1187 M. Women's Bay Water and Wastewater Facilities Plan (1991) Population Projections The current population estimate for the area, based on approximately 190 homes and assuming 3.5 persons per home, is 665. If the Women's Bay study area had full build out and the 339 currently platted lots were occupied in the same manner, (i.e. 3.5 persons per home) the area's population would be approximately 1187. The possibility for higher density (i.e., subdivisions of some existing lots) occurring if a community water and sewer system were to be constructed was discussed at the public meetings; however, this is not addressed in this plan due to the speculative situation. The following table summarizes the Dooulations figures derived above: These figures were used to calculate water demands and wastewater flows in this chapter. For planning purposes, it is assumed that the existing subdivisions will be fully developed by year 2010, these lots will not be further subdivided, and limited industrial /commercial development will occur . Land Use /Development The Women's Bay study area land use is designated as primarily single family residential on the KIB Zoning Map. There is a large parcel north of the state highway, in the southern portion of the study area that is zoned for business There are two industrial tract areas, one is along Sargent Creek, the other is north of Russian Creek. In addition, the study area has several land parcels designated as public use, and much of Russian Creek and its floodplains are designated a Conservation District. Lands bordering the study area on the north are designated "Natural Use" . A community, volunteer fire department station is located in the study are along Sargent Creek Road. During the military build -up for World War II, the U.S. Army and U.S. Navy developed rather extensive facilities4 in the Women's Bay area. These facilities were abandoned in the 1960's, however much of the present -day road system utilizes the roadbeds from the original Naval Shore Station. The military facilities were served by community water and sewer systems; the sewer and larger water lines were wood stave, and smaller water lines were wrought or galvanized iron. These systems are undersized and in a complete state of disrepair, and do not meet ADEC and U.S. EPA requirements for water and wastewater systems. Because of this situation, there was no consideration of re -use of any old military piping in the altemative analysis. An additional re -use consideration for the old piping included lining with a thermo- setting membrane, which proved to be not feasible. Page 79 of 137 FLOWS (gallons /day) IMMEDIA TE ULTIMATE Average Daily 94.050 167 .805 Peak Daily 137.275 244.928 Instantaneous Peak 353.400 630.540 Design Flows Wastewater Flows A wastewater collection system, including all connecting house services, would be new construction. Infiltration should not be a major problem during the 20 -year planning period with good construction practices and use of ductile iron or HOPE piping materials a conservative figure of 130 gallons per capita per day (gpcd) is used for domestic waste flows to allow for some winter bleeding. An additional allowance of 40 gallons per house per day (gphd) is used for minor infiltration and inflow (1/1) from potential unauthorized connections of foundation sump pumps and /or roof drains to service lines. These flaw assumptions compare closely to serviced areas of Kodiak as well as similar Alaskan communities. The "Population Projections" section of this Chapter established a figure of 3.5 people per dwelling for the study area. Commercial and industrial sewage flaw in the study area is minimal at present. The conservative values used In this study to estimate wastewater flows are more than adequate to include sewage generated from sources other than the residential development that may occur in the future, assuming there will not be a major industrial or commercial flow contributor . The average daily flow is calculated as follows: (130 gpcd x 3.5 people /dwelling x no. dwellings) + (40 gphd x no. dwellings) (domestic wastewater) (1/1) Peak daily flows were calculated using a factor of 1.5 times average daily domestic flows, plus the 1/1. The "instantaneous" peak flows, which are used to confirm gravity piping size requirements in a "flowing full" design condition. were calculated using a factor of 4.0 times average daily domestic flows. plus the I /I. The following table summarizes the wastewater flow calculations: Water Demands Phases 1 -111 The per capita domestic water usage is set at 130 gpcd. which is reflective of consumption rates for similar communities in Alaska with new systems that are not Page 80 of 137 USAGE (gallons per day) IMMEDIA TE ULTIMATE Average Daily 86,450 154,245 Maximum Daily 129.770 231,537 Peak Hourly 151,620 270,522 subject to excessive leakage. This is the same figure used for calculating domestic wastewater flows. The maximum daily consumption is calculated using a factor of 1.5 times average daily use. or 195 gpcd. The peak hourly consumption is calculated using a factor of 1.75 times average daily use or 228 gpcd. To convert the above factors to water usage per household. it is assumed that there are 3.5 people per dwelling unit in the study area; therefore, the usage figures for existing and future dwelling units • Average Daily Use = 130 x 3.5 = 455 gallons per household per day (gphd). • Maximum Daily Use = 195 x 3.5 = 683 gphd. • Peak Hourly Use = 228 x 3.5 = 798 gphd. For commercial and light industrial operations, a typical average daily water usage figure for employees is 40 gallons per person per day. Due to the conservative domestic per capita usage figures. the estimated residential water demand calculations include a very adequate allowance for any present or future commercial /light industrial activities in the study area. The following table summarizes the water usage calculations: PHASES 1 -111 The fire flow requirements for the s udy area are as follows: • Residential area fire flows: 1,000 gpm for two hours duration with a minimum residual pressure of 20 psi. • Commercial /light industrial: 3,500 gpm for three hours duration with a minimum residual pressure of 20 psi. The water storage volumes necessary to meet minimum storage requirements6 for fire protection are: • Residential Fire Demand = 120,000 gallons • Commercial /Light Industrial Fire Demand = 630.000 gallons In addition. a storage volume equal to a minimum of one peak day demand is required to assure "set aside" of the fire flow storage during periods of high domestic use. The recommended storage requirements are: Page 81 of 137 • Phase 1 -111 (immediate) with Residential Fire Capabilities = 250.000 gallons' • Phase 1 -111 (ultimate) with Residential Fire Capabilities = 400.000 gallons • Phase 1 -111 Commercial /Light Industrial Fire Capabilities = 1,000.000 gallons Wells This tank sizing will be used or estimating system construction costs If full build out occurs. additional tanks can be added at the same site. Future Environment with and without Improvements Currently the residential water supply in Women's Bay is provided by individual wells and water. The wells range from depths of 20 to 250 feet, according to a survey sent out to homeowners in August, 1990. Some wells may be even deeper. Some homeowners are using a surface water source for their water supply The survey also covered quantity and quality of water. Homeowners indicated that, at present, both are poor. With the area's relatively shallow bedrock in the uplands and high water table in, the lower areas; this situation can only become worse. Of the responses retumed, 24 out of 32 reported at least one kind of problem with their water supply. These problems range from just needing filters, to bad odors and very poor water quality or quantity, and even potential health hazards. Some of these problems could be caused by poor design, construction, or maintenance. With on -site septic systems and increased development of the subdivisions, there is a growing potential for even worse water quality and health hazards On-Site Wastewater Disposal Most of the residences in the study area have individual septic tanks. Homeowners did not report as many problems as there were with water wells. Of the 32 respondents, seven reported problems with their septic system. These problems ranged from odor to fluid surfacing and running down hillsides. ADEC Wastewater Disposal Regulation 18 AAC 72, requires a minimum distance of six feet from the bottom of a soil absorption system to any bedrock, clay, or other impermeable layer; and a minimum of four feet clearance from maximum water table elevation. The distance to bedrock in Women's Bay is less than six feet in many upland areas State regulations also require permeable soils for the leachfield, and a minimum cover of two feet. This creates the need for a mound -type septic system on several of the platted upland lots. Some septic systems in the lower areas are faced with high groundwater levels causing periodic operational problems, and mound -type systems could be required in those areas The geologic nature of the study area along with the high rainfall makes it necessary for an on -site septic system to be properly designed, constructed, and maintained. In general, this is not the situation now. Page 82 of 137 Individual Hardship The current on -site water and wastewater situation in the study area could cause an economic hardship to individuals wishing to sell their homes and businesses. Most lending agencies will not approve a home loan without an engineered and approved septic system, and sometimes, a new well. The other option is connection to community water /wastewater systems. Costs for constructing all approved mound -type septic system have been as high as $52,000. Proposed Community Water and Wastewater Systems The benefits of constructing either, or both, community water and wastewater systems to serve the Women's Bay study area are obvious. The following are immediate incentives for installing the system: • Problems with contaminated wells, possible waterbome disease and low yields will be eliminated. • Malfunctioning septic tanks would be upgraded or abandoned (depending on selected wastewater I collection alternative) . Homeowners would realize an immediate benefit in lower fire insurance rates. By increasing the coverage from a Zane 819 to a Zone 4, insurance rates for a nominal $125,000 house would drop from approximately $800 to $350. • A community sewer and water system would meet lender's requirements and allow resale and development of residential and commercial properties in the study area. Aside from the typical Inconvenience during pipeline construction (i.e. short-term traffic disruption, dust, noise, etc.) the following aspects of a community system should be considered: Monthly user charge to homeowners to operate and maintain wastewater and water systems. • Repayment of debt for construction of the wastewater and water systems. The project could be partially or completely funded by State revolving loan funds or Municipal Bonds. Sources of revenue can include tap-on charges. property tax assessments monthly user fees or a special district levy. • Possible need for negotiated agreements with the Coast Guard if Women's Bay is served by either the Buskin Lake water plant or the wastewater treatment facility (near the airfield). The Coast Guard has expressed a definite reluctance to serve Women's Bay. The KIB may be required to own /operate the existing base treatment facilities as a condition to serving the study area. • Strong planning and zoning regulations would be needed to maintain the existing lot size and designated land use in the study area. Page 83 of 137 There should be no adverse environmental impacts from the utility project if proper construction methods and clean -up are followed. Page 84 of 137 • • N. Womens Bay Community Council, March 4, 2006 "Revision Request for pages 35 & 48, also 37 through 46 of Womens Bay Comprehensive Plan Update January 2006. RActign = susserte. Cwwses Revision Request for pages 35 & 48, also 37 thru 46 of Women: Bay Comprehensive Plan Update January 2006: I. LAND USE Goal: Maintain the rural residentialsetting of the Womens Bay Community. ObJeedve fl a minhnum ionize ofRR -1 zoning while, rerdidin]g new residential evelopment at avenge lot sizes ranging from 2 to 5 acres. Actions: Eval the need for a XIS zoning and Subdivision code amendment that woul m crealeyWure lot sins in the plerming area based on natural constraints of topography such as slope, soil depth, water availability and other coShons. If at afuture date public water and sewer system is developed, maintain minimum lm size as reflected in RR -i zoning. Allow parks and bail infrastructure development in the daignated Natural Use Area to support health, recreation and opens spaces for the adjacent residential developments. ObJecave: Support a centralized business and office use areas that follow the existing development pattern: God: With increased development and activities, aim for successful coexistence between people, bears and other wildlife. Objective: Work with the Alaska Dept. of Fish and Game to educate residents on methods to prevent confiids in beat-human interaction. Actions: Encourage residents to work within their neighborhoods to identify and correct potential problem areas that bears. Alaska Statutes prohibitfeeding bears, littering, improper garbage storage and dogs running wlldllfe. Provide for MB procedure that brings in Alaska State Troopesfor enforcement Page 85 of 137 • • Encourage residents to house pets, thickest aaddon a& livestock in bear - resistant ekaricimadng enclosures. Goal: Minimize conflict between different land uses within the Womens Bay Area Objective: Create a buffer zone between existing industrial and residential use mere . Actions: Create buffer zones through rezone proceduRS between industrial and rosidenliel use area Objective: Ensure that the Womens Bay Community land use practices. are_ governed by up to date and adequate orddances on Junk removal, that, avec and light and noise standards. Adlau Research existing KM ordinances to determine areas where amendments to erdsting standards would be approprime ld providefot egfonemeat procedures: Goat Develop a comprehensive mudI-use land plan for the Salonk Creek Area Objective: Analyse the 1981 Womens Bay Comprehensive Plan's laknd for use In this area, and select best mixed -use approach that minimaa sae cord k Actions: `� R eview late 1980's Women's Bay Planning team's work and maps for i t his arm. .�� --1111 Research the A and location of foe gravel extraction operetions in the Salonic a rea as it rd tes to other possible areas inside the planning area and future ugh -wide. Evaluate the history and compliance of the Salome Creek RISA Lease for the following irregularities: a) compliance with RIB title 18 dispersal of 1118 land; b) RIB and RISA compliance with terms of Land and Water Conservation Fund Grant (LWCF(r ). Reestablish access to public interest lands Afacilitate mayorSelby's 1991 vision for a recreation area that brings in other user groups. (Kodiak Daily Mirror 1991) Page 86 of 137 • Evaluate the feasibility of residential development on the fringe of Salome Creek Valley for 2 -5 acre parcels designated for small scale agricultural based residences Goal: Identify and designate areas for public access in Womens Bay. Objective: Provide pubic access to the shoreline for recreation purposes including skiffs and small pleasure craft. Actions: Encourage vats property owners to identify area of easemen for RIB acquisitio provide public access to the shoreline for recrea anal proposes and to provide areas for public launch sites for stiffs and small pleasure craft. ..- Pr ovide for parking and signage at the 1-acre campsite & trail on Women Bay identified by the XIB Public Access Atlas (1997). Objective: Support the ]CID Parks and Recreation Committee's efforts to provide transportation treila in the planning area. Action: Implement strategies to eliminate conflicts among competitive recr6ational uses in the punning area by developing transportation trails for non - motoriud use (i.e. foot paths, bike paths, horse trails, etc.). Designate specific areas for ATV use. Implement notices and signage to inform the public which areas are for specific user groups. Develop an enforcement policy. Goal: Gatde ravel material sources and extraction operations u the Women' Bay planning are ajensuring mutual benefits to residents Borough -wide, residents of Womens Bay and industry Objective: Conduct an industrial arlf-resource extraction needs and�ite capability analysis to determine KIBeest land use patternsl Actions: Research the feasibility, including opportunities and constraints of alternative sites within the KIB for material extraction operations. Page 87 of 137 • Identify feasible sites for future material extraction within the Women Bay planning area. Conduct gravel extraction through a conditional use permit in lieu of "Induatridl "rezones Develop a fee structure for gravel extraction that funds capital i mprovement projects in the specific community's Service District Objective: Transition the location of industrial and gravel uses out of the immediate residential area. Action: Research ownership and existing land use on the "Slaughterhouse to preserve the original agricultural intent for the property Investigate Business anti Industrial properties at the entrance to Sargent Creek road for possible lease between MB di property owners for location ofa transfer station. With me proper attractive screening this will accomplish improved aesthetics as you enter the neighborhood ; with the proper security fencing and lighting bears will not have access to garbage; with a centralized location, garbage collection and recycling will be convenient for all residents of Women's Bay as well residents in the outlying areas. - Determine whether to phase out the current gravel leases on the B Tracts after the current leases expire. Assess the feasibility of a flume phased development utilizing existing water filled pits for fishery enhancement, and adjacent areas for [residential lots, lake • !e greenbelt, trails 6 parks - post gravel extraction phaseout. 1 Rezone Asphalt Plant property (Tract 111) to open space. Create buffer zones through rezone procedures between industrial and residential through phaseout process. Objective: KIB actively pursue land disposal of Sargent Creek USCG surplus property Action: Acquire land for futuregravel extraction site as the gravel source for the Womens Bay Community needs. Page 88 of 137 This tract of land atso has an existing WWII sewer system that could be used for future development of a large drain field. The restored existing sewer system could be connected to each residential septic tank, thereby eliminating their drain field Only e (no solids) would/kw into the drain fold thereby preventing water well contamination. Goal: Address future growth, with realistic population projections Goal: Investigate feasibility of new hydropower sources in the planning area. 2. NATURAL USE AREA Goal: Finalize the 1997 Draft Womens Bay Natural Use Area Plan for public review andIUB adoption. II Objective: Support the public's passionate feelings for this area and consensus reached to protectthis 726 acres (l.l square miles) of KIB land from future residential or industrial development Actions: Take no development actions that would huts the areas potential as a municipal water source including water quality, quantities or accesr. GPS/GIS trails data should continue to be collected for the Natural Use District in the planning area and integrated into the final Womens Bay Natural Use Area Plan. Look to the B Tracts for future residential development, and work on a residential development plan for Mat area Work with private landowners including Me larger Native Corporation landholders to facilitate allowable residendaisubdivisians. Change the Natural Use Area's name to Womens Bay Patk or Woman Bay Natural Use Park to help identify the area to Borough residents and visitors Acknowledge the K/B's responsibility to provide easily accessed recreational lands adiacent to residential development Thae open spaces should be large enough to support wildlife populations, and public recreation that promote heahh and wellbeing. The Natural Use Area has specific defined boundaries. mac boundaries shall not be infringed upon. Page 89 of 137 Goal: Address and resolve user conflicts between motorized and non - motorized activida in the NUA. 3. PUBLIC HEALTH / SAFETY and ENVIRONMENT Goal: Ensure the Womens Bay planning area has adequate public health and safety standards including natural resource protection. Objectives: Develop a perk, trails, and recreation plan for the Natural Use area that provides a balance for all non - motorized tail use. Actions: Analyze and evaluate the zoning code for the Natural Use area to determine ifa zoning code amendment is necessary. implement trail protection from ATV degradation & erosion. Ensure that RIB Departments have adequate funding to carry out public services in the Natural Use Area. Objectives: Minimize development in environmentally sensitive areas. Action: Determine if a zoning code amendment is needed to protect natural resources from potential adverse impacts from the boarding of large animals. Minimize development in rivers and creek flood plains, tsunami surge zones or at the bases of unstable quarry or mountainsides. Provide comprehensive land, air and water policies, uses, and zoning recommendations for the land and waters within the planning area recognizing the unique topography that cremes air inversions in the residential valleys. Protect watershed in the Natural Use Area from development contamination including septic and pollutants from development runof/. Objectives: Rezone the B Parcels to residential and public use Action: Page 90 of 137 WBC. Create buffer zones through rezone procedures between industrial and residential use area l' Prior to an extension of the B Tracts leases for gravel extraction, develop a comprehensive plan for residential lots, and lakeside greenbelt trails and parks to establish lessee's exit permit requirements. Objectives: Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone use. Action: Support the update to the Kodiak Island Coastal Management Plan (KIB CMP) in planning for appropriate coastaizone uses in the WB planning area (..._. W rite KIB staff policy making it mandatory in conditional use permit determinations to defer to KIB CMP policy rather than grant permits based on KIB historical actions Encourage the private landowner to ask for Anny Corp. of Engineers clean up of old Nary dump located on the shoreline of Womens Bay. Objective: Protect the Russian River and Sargent Creek Drainages by establishing specific strategies through coordination with state and federal regulatory entities. Actions: Coordinate a multiple organizational management system to protect the Russian River and Sargent Creek drainage areas. .. W rite into gravel leases /mining permits language to include periodic (2 year) evaluation by state agencies /or independent consulting services KIB believes policies set by the current administration interferes with agency objectivity to protect water resources and fish habitat. Goal: Ensure adequate public services for the Womens Bay planning area. O bjective: Establish a "sense of place" by including a future cemetery site in Women as Objective: Identify and prioritize needed road improvement projects in the Page 91 of 137 Actions: Encourage and support the WB Service District's identification and analysis of road, water, sewer, and other utility issues and concerns. Objective: Platted roads should be developed to Borough code prior to land sales. Actions: Evaluate the need for a RIB zoning and subdivision code amendment that would address new road improvement standards Objective Provide better fire service in the planning area Actions: Provide adequate fimding for improved emergency services, including fire service and equipment Objectives: Improve garbage collection and service Actions: Provide a transfer station/recyc ling center to be located in a central location in the Womens Bay core area Design a solid waste management recycle center and transfer station with input from the ABDept of Fish & Game making it bear resistant Objectives: Address problems associated with private water /sewer systems Actions: c In the future determine the need or community water and sewer a cilties in the core planning area. Research the locations and condition of individual on -site welts and sep c systems through a voluntary property owner survey. Protect/it Natural Use Area as a wotersh so that in the it can support, if necessary, a municipal water system to facilita the correction of contaminated well] �.., If at o future date a sewer system is necessary the usability oak WWII sewer systems in Womens Bay d Salome Creek should be investigated The sewer systems are withheld by easements on existing plats in Womens Bay, and are shown on the plots of the World War II, U.S Page 92 of 137 • Na' sewer system. The existing sewer manholes can be restored and the existing trench and grade can be used A system designed around the use of retired Nary infrastructure represents an astounding savings to the public. Objectives: Provide upgraded emergency evactuttiongeller, plan and service. l Action: f Retain KM lots al S River for uses such as the fire hall, community center, Jutur gencY shelter,End public .) ��blic parklands 'pursue grantsandfunding for Emergency Shekel] Restore the Sargent Creek Bridge to Burma Road as an alternative escape route during a tsunami event or other emergencies. Research other potential escape routes that could serve the Women Bay planning area Restore the bridge to connect South Russian Creek Road and Middle Bay Drive at the upper end of the valley on Russian Creek to allow for a.) emergency servkes during tsunami warnings b.) residential evacuation route for fires and chemical alert and c.) access to emergency shelter for residents on both sides of the river. Provide adequate funding for improved emergency services, including the service and equipment. Establish and maintain tsunami warning sirens, tsunami evacuation plans and the location of pertinent informational signs. 'mil \ BOUNDARIES GOAL: Follow the 1980's Womens Bay Comprehensive Panning Team's Boundary recommendations. (Women's Bay Comprehensive Plan Update, March 2004, page S, map 04 WBC Watershed Boundaries) Actions: Review planning area boundaries supplied by K/B to the US Census Bureau as displayed on Alaska Community Database information to determine applicability for the purpose of this plan Page 93 of 137 • • Review need for expanded boundaries to include Clirolnt to the US Coast Guard Base property. Revision to Page 35 Additional residential housing should look fast to landowners who currently hold larger lots and secondly to the B tracts when the current industrial use is phased out This will supply needed growth and keep new residential next to existing neighborhoods. Additional subdivision possibilities exist for Native landowner holding large tracts of land in the planning ores These future developments should be limited to very low densities as is represented in the ClilrPoint subdivision. Land located within the community that is constrained cant natural features such as floodplain and wetlands should be placed within Natural Use designatlol These areas should not be further subdivided or devel located outside o the Women's Bay core planning area should continue to be rival in character and flusher subdivision or development should be limited to very IS densities. Infrastructure extensions into these areas should be very limited if made at all. Page 94 of 137 Revision to Page 4:9] Residential The densities for single-family residential development an&se dwelling unit per aertj Other residential uses are also encouraged within this land use category at a demityi appropriate to ensure adequate water supply and wastewater treatment on -site. The mix of dwellings should be organized into a rational development pattern, rather than random lot -by-lot development. W hen the Industrial uses within the B tracts me moved to a new location, the B tracts L --- be converted into residential development sites with some open space land for nails d small parks on the lake edge .-- Submitted by: Women Bay Community Council, March 4, 2006 0. Womens Bay Comprehensive Plan Issue Response Summary Peterson Elementary School, March 7, 2006 Womens Bay Comprehensive Plan Issue Response Summary Peterson Elementary School, March 7, 2006 This Issue Response Summary has been prepared by the Community Development Department in response to public comments on the Final Draft of the Womens Bay Comprehensive Plan which were received at the March 7, 2006, public meeting. Comments and responses are sorted by topic, with Womens Bay Core Area issues first, followed by Womens Bay Regional Area issues. Some topics may occupy more than one page because multiple comments were received. The intent of the issue response summary is to help re -focus the issues so that further discussion may be more productive and efficient. Recommended changes will be identified at the end of each issue discussion. In this way, the public may more easily determine which issues they perceive as "resolved" and thereby commit more energy to the remaining issues of discussion. "Please Note that pagination has been broken to save space and unnecessary pages In this appendix. The following page numbers are not longer applicable and you will need to consult the original document in order to navigate by these page numbers. Please keep in mind that the page numbers here represent the plan draft that was published in January 2006 and not the plan as adopted.' Core Area Issues Residential Density Residential Development of the "B" Tracts Living in Harmony with Brown Bears Industrial Operations in the Womens Bay Core Area Reserve Old Navy Sewer Easements Inventory On -site Wells and Septic Systems Perk Tests for Septic Systems Review of "B" Tracts by Federal and State Agencies Develop a Cemetery in Womens Bay Bridge Russian Creek Drainage Re- integrate Results of WB Attitude Survey Greenbelt Along Drainages Russian Creek Hydrology Completion of the Womens Bay Plan Residential Designation along Cottonwood Circle Solid Waste Transfer Station in Womens Bay Regional Area Issues Natural Use zoned area Salonie Creek Mixed Use Area Review KISA Lease Page 95 of 137 Page 2 Page 4 Page 5 Page 6 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 21 Page 22 Page 29 Page 31 Identify ANCSA "17b" Easements Page 33 Designate an ATV Use Area Page 34 Natural Use Area 1997 Plan Page 36 KIB Coastal Management Program Page 38 WWII Military Dump Site Page 39 Leisnoi Land Status Page 40 Pursue the USCG Land Disposal Page 41 Develop Gravel Fee to pay for local CIP Projects Page 42 Improve Road Standards Page 43 Boundaries Page 44 Topic: Residential Density Commenter: WBCC, Individuals Parcel: Varies Chapter: 6 Page: 48 Line: 22 Commentllssue Response WOMENS BAY CORE AREA ISSUES Chapter: 5 Page 39 Line 15 Page 96 of 137 Chapter 4 Page 37 Line 11 In both written and verbal comments the Womens Bay Community Council remarked that the residential density of "two to four dwelling units per acre ", was too high. WBCC recommended average lot sizes ranging from 2 to 5 acres for new development while maintaining a minimum lot size of RR1 (40,000 square feet) for existing lots. (Chapter 4, Page 37, Line 11) (Chapter 5, Page 39, Line 15) Staff reviewed the language in Chapter 6 and determined that the information was incorrectly presented as "two to four dwelling units per acre ". The language should have suggested a residential density of one (1) dwelling unit per two to four acres. To express this density in terms of the original plan language would be, "a residential density of .50 to .25 dwelling units per acre ". With regard to lot areas ranging from 2 to 5 acres, there are currently only a few zones which the borough can use to implement this density goal. RR1 -Rural Residential One has a 40,000 square foot minimum lot size. While it is possible for staff and the P&Z Commission to require larger lot sizes, this is hard to implement in practice because of the way subdivision regulations are typically applied. It would be better to rezone new residential areas to RR2 -Rural Residential Two, which has a two acre lot minimum size and a 200 foot minimum lot width requirement. Most areas outside of the Womens Bay Core Area are zoned C- Conservation which has a five acre minimum lot size and a 250 foot minimum lot width. It is not clear where this lower density residential may be implemented if it is only to be applied to new residential developments. The community has indicated a preference for no new development in any part of the Natural Use Area. In addition staff believes that the "B" Tracts may be unsuitable for residential development without further investigation to validate the suitability of this area for residential development as part of the site reclamation. Other potential development areas outside of the Core Area are currently zoned NU- Natural Use or C- Conservation. NU does not permit residential development and the C- Conservation zone has a minimum lot area of five acres. It would be hard to achieve a range of 2 to 5 acre lot sizes with a five acre minimum lot size. Revision Staff will correct the language in Chapter 6 prior to forwarding the plan on to the planning and zoning commission and the borough Assembly. The language in Chapter 4 and 5 references new residential development" as distinguished from existing residential development. Staff will reword the Chapter 4 and 5 references to coincide with the WBCC recommendation. Topic: Residential Development of the "B" Tracts Commenter: WBCC, Individuals Parcel: Tracts B1, B2, B3, B-4A and B -5A, of Tract B, Bells Flats Alaska Subdivision Chapter: 5 Chapter: 6 Page: 44 Page: 48 Line: 26 Line: 30 Comment/Issue Comments were offered indicating an expectation in the Womens Bay community that the ultimate re- development of the "B" Tracts would be disposal by the borough for residential development purposes. Perhaps the remaining water - filled pits could be managed as recreational amenities or for habitat purposes. Response Should resource extraction activity be relocated to another area outside the Womens Bay Core Area, staff is not sure how much of the remaining "B" Tracts will be available or suitable for residential development. This issue may require additional planning and /or engineering investigation at the time disposal is considered or when the resource extraction use is planned for relocation. Staff believes that Tract B -5A may be the exception in that it is currently configured and used as a "buffer" for the remaining "B" Tracts and, as such, has not experienced any resource extraction activity. Therefore, the preceding comments are intended to apply to Tracts B1 through B-4A only. Page 97 of 137 Staff is also concerned that portions of the site may be at risk of erosion or flooding by the nearby Russian Creek drainage which experiences high energy flooding events on a recurring basis. In addition, staff is aware of largely unconsolidated nature of the gravelly soils comprising the site and the relatively high water table underlying the site. A geotechnical study may be warranted prior to disposal to study the potential for ground subsidence in the event of a major earthquake and /or tsunami event. A study of the potential to support ADEC compliant wells and septic systems on the "B" Tracts may also be prudent before substantial consideration of developing the site for residential purposes. Revision Staff believes the language is adequate as currently presented with an emphasis on Open Space with recognition of some residential potential. Topic: Living in Harmony with Brown Bears Commenter: WBCC, Individuals Parcel: All Chapter: Page Line: Comment/Issue Comments were raised about the need for Womens Bay residents to live in harmony with bears, recognizing that the Womens Bay drainage is bear habitat as well as a human habitat. Response The Kodiak Island Borough was a participant and supporter of the Kodiak Island Archipelago Bear Management Plan that was developed by the State of Alaska, Department of Fish and Game several years ago. The borough has adopted many of the recommendations contained in the plan that relate to the core services provided by the borough. In particular, the borough has required its solid waste collection contractor to acquire bear resistant dumpsters which are used strategically to discourage negative behaviors by both bears and humans in order to avoid negative bear/human conflicts. This waste management strategy is also applied to the borough landfill to discourage negative bear behavior that would occur there is not curbed by more enlightened waste management practices. Beyond the solid waste issues, the Kodiak Island Borough supports increased public education and awareness of actions that residents can take on their private property to increase personal safety and to protect life and property from negative bear /human interactions. Page 98 of 137 Revision Staff will review the draft plan and add a goal in an appropriate place supporting positive bear management practices as described in the Kodiak Archipelago Bear Management Plan. Topic: Commenter: Parcel: Chapter: 3 Page: 31 Line: 6 Chapter: 5 Page: 42 Line: 1 Comment/Issue Response Industrial Operations in the Womens Bay Core Area WBCC, Individuals "B" Tracts, Slaughterhouse Tract, Brechan Enterprises Tract. Chapter: 4 Chapter: 5 Page: 37 Page: 40 Line: 23, 40 Line: 14, 33 These issues were raised in the context of the "B" Tracts and other industrial activities located near the "gateway" to Womens Bay (sic). Staff took this to mean industrial activities on Lot 3, Block 4, Tract A, Bells Flats Alaska Subdivision which is owned by the Kodiak Agricultural Co- operative (referred to here as the "Slaughterhouse Tract ") and industrial activities on Block 3, Tract A, Bells Flats Alaska Subdivision (referred to as the Brechan Enterprises Tract). Additional comments were made about creating buffer zones between industrial and residential use areas and about rezoning some of the industrial areas to an open space zoning classification. A related comment was also raised about the perceived need to investigating the ownership and usage of the Slaughterhouse Tract in accordance with agricultural intent of its original disposal by the borough and about possibly using some of that site to install a solid waste transfer station in lieu of the current dumpster system. Staff is well aware of the conflicts between the industrial uses and residential uses in the Womens Bay community. As the landowner, the borough has direct control over the "B" Tracts A Gravel Task Force empanelled by the borough Assembly is currently looking into the feasibility of moving those operations to another area that can meet the aggregate needs of the larger community with the same quality of product as produced by the "B" Tracts. In addition, they should also be looking at whether a similar product can be produced elsewhere at a comparable price point. Nevertheless, it is recognized that the use most likely will continue until these questions can be answered satisfactorily and another location can be put into production to replace this one. This investigation Page 99 of 137 effort will continue beyond the completion of the Womens Bay plan and will require certain actions to be taken post plan adoption. The Brechan Tract is privately owned land and it would be fairly expensive for the KIB to purchase the site, assuming that Brechan Enterprises was willing to sell. While is possible that the borough could use the power of eminent domain to "take" the property, it still does not address the more complicated issue of financing the market value compensation that would be required by the courts. A land trade might be considered as an altemative, but this is something that would almost surely be directed towards the Regional Boundary Area surrounding the Womens Bay Core Area. With recommended reservation of the NU- Natural Use Area, this would almost certainly require looking at the Salonie Creek drainage for another suitable site on "road system" land owned by the Kodiak Island Borough. If the desire is to see the industrial land uses eventually extinguished in their current locations, the first step would be to recommend in the plan to change zoning to some other suitable zoning classification which would then make the existing uses nonconforming. That would essentially disallow the existing industrial uses from being expanded, although the uses could continue indefinitely until otherwise abandoned or extinguished. The nonconforming provisions of borough code consider that a nonconforming use is abandoned if the use does not occur for any consecutive 12 month period. This might serve as an encouragement to move nonconforming uses out of the community if they cannot be expanded. In addition, the new zoning may provide guidelines for the development of new uses that are consistent with and move towards conformity with the goals and objectives of the plan. Regarding the comment to rezone some or all of the I- Industrial land in the Core area for open space purposes, there is currently about 90 acres of land zoned PL- Public Land Use. Except for the Womens Bay Fire Department site, most of this land is vacant and undeveloped. In addition there is another 83 acres of land that is zoned I- Industrial, which if rezoned to an open space category such as NU- Natural Use might result in an overabundance of open space land in relation to the remainder of residential land in the Womens Bay Core Area. This does not take into account the additional open space area the community wishes to preserve in the Regional Area, specifically the 726 acres zoned NU- Natural Use. At some point a pervasive open space zoning designation might tend to reduce the tax base in the Core Area/Service District, thereby placing a proportional increase in the tax burden on the remaining residential and commercial property remaining. Looking at a map, one can see a number of borough owned parcels of land that were intended to act as greenbelt buffer between industrial and residential areas What the map doesn't take into account however is the nature of the topography in the area such that certain residential properties overlook the industrial areas. No reasonable amount of screening or buffering will be able to remedy that type of situation. It may be possible to require additional screening on industrial sites to help with noise and to protect the sites from casual access, a known site safety concern. In addition, the I- Industrial zone could be amended to require greater setbacks for industrial uses located near or abutting residential uses or zones. Unfortunately, very few residential properties are directly abutting the industrial zone because of the previously mentioned buffer lots. In Page 100 of 137 addition, this would only apply to new uses because pre - existing uses would be considered to be nonconforming. Although it is zoned I- Industrial, the Slaughterhouse Tract was conveyed to the Kodiak Island Agricultural Co-operative as part of a State of Alaska agricultural grant to build the slaughterhouse facility. The land was conveyed to the Agricultural Co- operative with a reversionary clause in the deed that requires the uses taking place there to support the operation and maintenance of the slaughterhouse. There is no prohibition in the deed about restricting the use of the site to agricultural. Land that is I- Industrial and can be so used for all land uses listed in the KIBC 17.21, the B- Business zoning district (except residential) and for all permitted or conditional uses KIBC 17.24, the !- Industrial zone. Since the original conveyance by the KIB, the principals of the Co -op have essentially divided the property by their membership structure in order to support a variety of land uses spanning from agriculture to industrial. Over the years it appears that the use of the land has increased in a number of areas but there has never been an audit to determine whether or not the revenue being generated is going only to support the slaughterhouse of the Agricultural Cooperative. Investigating the finances of the Agricultural Co-operative as it related to site ownership is something that the borough Assembly would need to consider and it is not the type of issue that fits well in the context of a comprehensive plan. If on the other hand, if the Womens Bay community wanted to see the use of the site restricted principally for agricultural uses, it might be appropriate to recommend the site be rezoned to a more appropriate zone such as C- Conservation. Absent a change in land ownership status due to non - compliance with the original conveyance document, the borough would need to negotiate with the Agricultural Co- operative to designate an area for a solid waste transfer station. Presumably any lease revenue transferred from the KIB to the Agricultural Co-operative would be used to support the slaughterhouse and other authorized agricultural uses. Revision Staff recommends that these issues of industrial use in Womens Bay continue to be investigated for possible and practical alternatives. While is it possible to "buy out" such uses or exercise eminent domain, staff does not recommend this approach for either the Womens Bay community or for the KIB as a whole. A stronger recommendation should be made to rezone the existing industrial areas to more compatible zoning designations which would stop further industrial development, although it would not stop the current level of industrial activity for the foreseeable future. Page 101 of 137 Topic: Reserve Old Navy Sewer Easements Commenter: WBCC, Individuals Parcel: Chapter: Page Line: Comment/Issue The comment was made several times that many of the sewer easements dating back to the Navy occupation of the area were preserved in the original subdivision of Womens Bay, including the Russian Creek Alaska Subdivision and the Bells Flats Alaska Subdivision. Response While the old Navy sewer easements were preserved in the original Womens Bay subdivisions, many of these easements were vacated as part of the resubdivision process. It would require a comprehensive review of all subdivisions in the area to see if there remaining a sufficient network of easements. A lot of the old sewer easements were vacated because their width and orientation did not generally support current development plans and subdivision designs. In some cases new utility easements were created along property boundaries in lieu of the previous sewer easements. While these easements can generally support electrical utility improvements, most of them are not supported by the necessary topography to lend themselves to water or sewer development. The old Navy sewer easements were not wide enough to meet today's standards for sewer line installations (20 feet minimum). In addition, the original sewer system piping is inadequate and would have to be completely replaced to meet current sewer system requirements required by the Alaska Department of Environmental Conservation (ADEC). Revision Staff does not recommend putting this proposal in the final plan. Topic: Inventory On -site Wells and Septic Systems Commenter: WBCC, Individuals Parcel: All in WB Core Area Chapter: 3 Page: 32 Line: 40 Page 102 of 137 Comment/Issue The need was discussed to do a comprehensive inventory of all wells and septic systems in the Womens Bay Core Area to establish a database for this information. Response This information would be valuable for future policy and decision making. Currently the Alaska Department of Environmental Conservation (ADEC) is responsible under State Statutes for the regulation of onsite septic systems. In addition, it is also responsible for onsite wells that support "public" water supplies used in multifamily and commercial applications. ADEC should have the original applications for all legally installed septic systems in Womens Bay. There are, however, other septic systems that should probably be identified and catalogued and ADEC is the responsible regulatory agency, it is unlikely that ADCE will gather any information that has not been voluntarily submitted to their custody. The development of onsite wells is regulated by the Alaska Department of Natural Resources. Like ADEC, ADNR should have copies of all well logs for wells that have been properly submitted for permitting and to obtain water rights from the State of Alaska. Like the preceding example for septic systems, ADNR is probably not going to go out to identify and catalogue any water sources that have not been properly applied for or developed. If a problem of water rights should occur they will simply adjudicate the situation with what information exists in their records. Water and septic regulation is a technical area where the KIB has no qualified staff or jurisdiction to enforce State Statutes. Short of hiring a qualified consultant, it would only be possible to gather onsite water and septic information from a non - technical perspective and to use the data for other planning purposes like trying to determine what an appropriate carrying capacity is for a given area of land. This might involve giving the information to a qualified consultant or hiring a qualified consultant to do the entire investigation and analysis. Revision Staff recommends gathering well and septic system information and will add this issue as one of the implementation strategies in the plan. In the appropriate form the data may be translated into fairly simple map representations using the borough's GIS system to provide an analytical tool for policy and decisions makers. Page 103 of 137 Topic: Perk Tests for Septic Systems Commenter: Individuals Parcel: Chapter: Page: Line: Comment/Issue A comment was made that took exception to the discussion of using the old Navy sewer easements to create a sewer system for Womens Bay. It was asserted that many contaminated wells are due to non - complying septic systems or uncased wells. The community needs septic system enforcement by ADEC. It would be cheaper and more practical to have the KIB require a perk test on each lot prior to development. Response The Kodiak Island Borough requires all subdivisions to be investigated by a qualified engineer and certified capable to handle an ADEC compliant septic system. If the property were determined to need an engineered septic system, this would usually be reflected as a plat note on the final plat. In addition, it was mentioned by another audience member who has experience with such things that ADEC certification is required for the financing of new homes. Revision Staff recommends the gathering of well and septic system information. Staff does not recommend the proposal to try and re- utilize the old Navy sewer easement system. Topic: Review of the "B" Tracts by State and Federal Agencies Commenter: WBCC Parcel: Tracts B1, B2, B3, B-4A and B -5A, of Tract B, Bells Flats Alaska Subdivision Chapter: Page: Line: Comment/Issue A comment was made about ADF &G review of the current leases for the "B" tracts with regard to setting a maximum depth of excavation but apparently this provision was changed to a minimum depth in the final document. A recommendation was made to have the lease and /or exaction reviewed by the appropriate state and federal agencies to ensure compliance with applicable habitat and environmental regulations. Page 104 of 137 Response Staff was not exactly clear on the intent of the preceding comment and so the comment/issue set forth above is paraphrased by staff. The issue seems to be related to the water infiltration in the pit excavation on the "B" Tracts and how it might affect the water table generally and in particular how disturbed silt and sedimentation may make their way off -site into anadromous habitat such as the Russian Creek River. Staff does not perceive this to be as much a planning and zoning issue as it is a land management issue. In particular, it relates to the terms and conditions of the lease of the site, which is where the KIB exerts the most influence over the use of the site. While the KB Assembly, as landowner, could require a more pro - active testing and monitoring program specifically on the "B" tracts. Restrictions or conditions placed on the lease for the tracts could have a negative effect on the value of the lease agreements; however the ultimate decision to require restrictions lies with the Assembly. In regards to the standards of the I- Industrial zone, this zoning is based on a model that is more than 30 years old. An altemative to the above comment would be to change the standards for resource extraction and require the operators of such uses to have independent third party environmental testing and monitoring done on a periodic basis. Unfortunately, even if this approach was determined to be feasible and advisable, the existing extraction use would be considered "grandfathered" unless there were a clear amortization schedule included in the adopting ordinance that required resource extraction operators to come into compliance with the new code within a time period certain. Revision Staff will add a new implementation strategy to review and revise the I- Industrial zone to reflect more up -to -date standards for regulating industrial uses. The revision will particularly focus on industrial uses within close proximity to residential uses. The KIB Assembly could require through the lease a more pro- active testing and monitoring program specifically on the "B" tracts. Topic: Develop a Cemetery in Womens Bay Commenter: WBCC, Individual Parcel: Chapter: Page: Line: Page 105 of 137 Comment/Issue This comment was raised in the context of creating a "sense of place" in the community by establishing a local cemetery. Response Developing or operating a cemetery is not currently an areawide or non - areawide function of the Kodiak Island Borough. Absent local govemment involvement, establishing a cemetery would most likely be regulated by the State of Alaska as to the actual interment of human remains in the ground. In addition to the potential environmental issues there are likely to be record keeping requirements that will ensure that graves can be properly identified in perpetuity. One suggestion for developing a cemetery would be for a private property owner to initiate this as a private sector development. Another way would be for the community to add this to its menu of services undertaken by the Womens Bay Road and Fire Service District. It might be possible for the KIB to make some land available for a cemetery, particularly if there were a public entity or non - profit organization willing to take responsibility for the operation and maintenance of the facility. A land disposal request under KIBC Title 18 would be required once a decision was made where to locate the cemetery. Currently, cemeteries are a permitted principal use only in the PL- Public Use Land zoning district. This particular zone implies govemment land ownership. There are a number of parcels available in the Womens Bay community. According to recent investigation there is about 89 acres of land zoned PL- Public Use Land (including the parcel used for the Womens Bay Volunteer Fire Department). Most of this PL zoned land is designated for park and recreation use, fire hall use or as buffers to the industrial areas There may also the concern about placing human remains in the ground with regard to potential impacts to well and septic systems. State law requires all human remains to be embalmed shortly after death so this could be an issue to be resolved as to where the cemetery could or should be located. Revision A mention should be included in the plan about the need to designate a suitable location for a cemetery. If the available PL- Public Use Land is not suitable or appropriate, it may be necessary to consider what other zones may be amended to allow cemetery use. Page 106 of 137 Topic: Bridge the Russian Creek Drainage to Connect the WB Community Commenter: WBCC, Individuals Parcel: Chapter: Page: Line: Comment/Issue The comment was made to suggest a bridge across the Russian Creek to connect Russian Creek Alaska Subdivision with Bells Flats Alaska Subdivision. The benefit of this capital improvement would be to join both sides of the community so that the community could be served by a single evacuation shelter and to provide an altemate means of evacuation from one side of the community to the other. Response Staff agrees that this would be a major improvement to serve the community and one which would improve the public safety of Womens Bay residents. In addition to adding this to the plan it would be a good idea to add this to the Borough CIP list. It will require further investigation to determine the feasibility of the project and to develop a reasonable cost estimate. In addition, it may be necessary to form a bridge improvement district or to add bridges to the existing Womens Bay service district menu of services. Revision Staff will add a provision recommending a bridge project over the Russian Creek drainage. Topic: Re- integration of WB Survey into the WB Comprehensive Plan Commenter: Individual Parcel: Chapter: Page: Line: Comment/Issue A comment was made indicating that the results of a community survey had been altered in the plan and suggesting that the full text and results of the survey should be included in the final plan. Page 107 of 137 Response The purpose of a survey is to gauge public sentiment and to validate comments or input that is obtained through other means. Sometimes people cannot attend a particular meeting or perhaps they are not comfortable with public speaking. In some cases, people may feel reluctant to express what they perceive to be a minority sentiment in the face of strong community consensus In the interest of fairness and equitability in the planning process, a survey is often used to help obtain input from the widest possible sampling frame and to ensure that every community member has an opportunity to be heard. The results of the Womens Bay planning survey have been quoted on a number of occasions in support of comments about certain Womens Bay planning issues While staff recognizes the strong sentiments being expressed in the community about these issues, the planning process is not intended to be based upon surveys and poll taking. The survey of Womens Bay residents is a tool to support the planning process but it would not be appropriate to make the survey the focus of the entire planning process. In the context of Womens Bay Core Area issues versus Womens Bay Regional Boundary Area issues it should be noted that the entire borough community was not surveyed. It must be recognized at some level that the Womens Bay community is not an "island" and that it exists in the context of a larger borough community. Staff is confident that all issues raised in the plan will be resolved through the planning process in one way or another, but that presenting certain issues on the inflexible basis of the survey alone will not do much to help resolve these issues. Revision Staff will continue to consult the results of the WB community survey and may cite the survey where appropriate, but the full survey results will not be re- integrated with the plan document. Survey results that have been mis- quoted or mis - interpreted in the plan will be corrected and the full survey results will remain a part of the community background study and will be a permanent record for this planning process. Topic: Greenbelt along Drainages Commenter: WBCC, Individuals Parcel: Russian Creek and Sargent Creek Drainages Chapter: Page: Line: Comment/Issue A comment was made suggesting that a greenbelt be established along the banks of the Russian Creek and Sargent Creek drainages Page 108 of 137 Response There are anadromous water body setback requirements in the C- Conservation zoning district that were derived from the 1983 Kodiak Island Borough Coastal Management Plan (KIBCMP). Provisions such as this could be integrated into the RR1 -Rural Residential One zoning district which addresses most of the residential land in Womens Bay. It would also be necessary to add those provisions to the I- Industrial zone and the PL- Public Use Land zoning district. Because the above referenced zones are present in other areas of the community, this may be an issue that deserves wider consideration. In addition, it may be that imposing a greenbelt requirement may be perceived as a "taking" issue by local landowners. This issue should be investigated fully before presenting this issue to the community. Revision Voluntary encouragement to maintain vegetated areas along anadromous drainages should be encouraged until such time that a universal greenbelt provision is developed by the Kodiak Island Borough. Topic: Russian Creek Hydrology Commenter: Individual Parcel: "B" Tracts Chapter: Page: Line: Comment/Issue A comment was made that the use of the "B" tracts has "robbed" the Russian Creek drainage of water and as a result reduced the potential spawning area and rearing habitat for salmon. Response No hydrology study has ever been conducted for the Russian Creek drainage or for any water body in the Womens Bay community. The Russian Creek drainage, particularly the lower reaches, appears to be very active in its braided flood plain. Given that most of the material making up this floodplain is gravel and cobbles, it does bring to question how productive this system could be and whether this productivity is being affected by other land uses in the area. If the public believes that the activity on the "B" Tracts is affecting the habitat value of the Russian Creek drainage, then this should probably be reported to ADF &G Habitat Division which has the regulatory authority to make such a determination and to require corrective action. If the perception is more speculative in nature, then perhaps it would Page 109 of 137 be more appropriate to request a hydrologic study through the KIB Capital Improvements Program or some other funding mechanism within the Womens Bay community. Revision Staff will add an implementation strategy in an appropriate location to support a hydrological study for the Womens Bay drainage. Topic: Complete the Womens Bay Plan Commenter: WBCC, Individuals Parcel: Chapter: Page: Line: Comment/Issue The comment was raised about the remaining plan process, whether it would be best to continue with the Womens Bay planning process until completion and adoption, or better to delay adoption in order to bring the work products contained in this plan into the broader borough -wide planning process that is now ongoing. Response Staff believes that it would be better to go forward with this plan process until conclusion and try to get it adopted now rather than waiting for the borough -wide comprehensive planning process to be completed. A lot of time and effort has gone into this process by the community and staff thinks that it would be best to try for adoption of this plan for the policy guidance it would provide for the next year or more that the KIB comprehensive plan is still under development. This plan process represents the community input of Womens Bay in a way that no borough -wide comprehensive plan could. In the context of the larger borough -wide, the Womens Bay community will be one community among many and it should not lose the opportunity of having the Assembly's full attention focused on their community issues. Revision Staff does not recommend any change to delay the process or fold it into the larger borough -wide comprehensive planning process. Page 110 of 137 Topic: Residential Designation along Cottonwood Circle Commenter: Individual Parcel: Chapter: 6 Page: 49 Line: Comment/Issue A comment was made suggesting the elimination of residential designation along portions of Cottonwood Circle in the Russian Creek Alaska Subdivision. Response Staff has recommended to the Planning & Zoning Commission a need to re- evaluate the current business zoning in portions of the Russian Creek Alaska Subdivision because of the apparent desire to develop residential uses in the B- Business zone. In addition, there have also been subdivisions designs approved and variances granted that were intended to be more residential friendly where the B- Business zone does not encourage single - family and two- family residential without a substantial business development within the same structure. Single- family and two- family residential is not allowed on street level unless the property is owner occupied and even then the residential floor area must be located away from the commercial building facade as it faces the street. The current B- Business zoning was applied with the KIB had only six or seven zoning districts and only one commercial district. The B- Business zoning district does not have a minimum lot size or lot width requirement, nor does it have any yard setback requirements. The minimum lot size applied in the Russian Creek Alaska Subdivision was based on staffs rudimentary understanding of ADEC requirements for onsite well and septic systems. In a more recent application of the RNC -Rural Neighborhood Commercial zone in the Kalsin Bay area, staff teamed that for commercial uses it was more appropriate to have a two acre lot minimum size in order to ensure that all commercial uses could be developed with sufficient on -site wells and septic systems given that the requirements for commercial onsite facilities required much larger separation distances. The one acre lots along Cottonwood Circle may not be able to support adequate separation for onsite wells and septic systems in support of commercial uses. Staff recommends that if this area remains designated commercial, particularly along the South Russian Creek Road corridor, that the community may want to consider a more residential friendly commercial zone such as the RNC -Rural Neighborhood Commercial district. The RNC zoning also recognizes the need to comply with ADEC regulation in areas where municipal water and sewer is not available. The B- Business zone is the essentially the same zone applied in downtown Kodiak and along Mill Bay Road. It is not sensitive to the fact that onsite systems are required in all of Womens Bay. Page 111 of 137 While a change of zoning from B- Business to some other commercial zone like RNC- Rural Neighborhood Commercial might make some of the 40,000 square foot lots along Cottonwood Circle nonconforming due to size, it would not inhibit the use of those lots for any purpose allowed in the zone. If there is problem with ADEC regulations on these lots however, that would be a concern faced by the landowner regardless of the zoning designation. Revision Staff is going to eliminate the residential designation from the proposed land use map; however, staff would like to clarify that the remaining commercial designation in the plan could conceivably be used to support an investigation of other commercial zoning districts now included in the KIB Code of Ordinances such as RNC -Rural Neighborhood Commercial or RB- Retail Business. Topic: Solid Waste Transfer Station Commenter: WBCC, Individuals Parcel: Chapter: Page: Line: Comment/Issue Comments were made inquiring about the status of a proposed solid waste transfer station in Womens Bay. In addition it was indicated that the community was willing to be a test for this new approach to waste handling and collection. Response The KIB Engineering and Facilities Department (EFD) is responsible for administering the borough "road system" solid waste program through the Landfill and Baler Enterprise Fund. In addition, the department also monitors the solid waste collection contract with Kodiak Sanitation, a subsidiary of Waste Management Inc. The priority at present is improvements to the landfill that are mandated by EPA and ADEC regulation. The enterprise fund does not generate sufficient excess revenue to re- invest in the waste collection system at this time. Past grant applications intended to fund a transition to "transfer station" based systems have not been approved and funded. There are no plans to transition to waste "transfer stations" in any part of the borough "road system" at this time. KIB EFD staff did indicate that there is a lot more that can be done to recycle and re -use waste in the community through volunteer efforts of the public. This could reduce the demand on the current landfill and baler thereby extending the life of the landfill and Page 112 of 137 perhaps reducing the amount of investment that is required in this facility to keep up with EPA and ADEC regulations. It is possible that with the transitioning of industrial uses out of the residential area over time perhaps there will be an opportunity in the future for a transition to solid waste transfer stations in lieu of the current dumpster system. Revision No changes are recommended for the plan. Topic: Commenter: Parcel: Chapter: 2 Page: 18 Line: 21 Chapter: 5 Page: 43 Line: 1 Comment/Issue WOMENS BAY REGIONAL AREA ISSUES Natural Use Zoned Area (NUA) WBCC, Individuals Unsurveyed, Unsubdivided Portion of U.S. Survey 2539 Chapter: 3 Chapter: 4 Page: 29 Page: 38 Line: 7 Line: 1 Chapter: 5 Page: 44 Line: 24 Chapter: Appendix A Page. 50 Line: 34 The Womens Bay community is strongly opposed to any land disposal from the existing Natural Use Area (NUA). These comments were particularly directed towards the 726 acres of borough owned land immediately abutting the Womens Bay Core Area. The proposed Land Use Map showed an area of approximately 12 to 15 acres in area located along Middle Bay Drive and at the end of Sargent Creek which were identified for potential land disposal. (The Preferred Development Pattern discussed in the plan discusses a slightly larger disposal area of approximately 20 acres.) Numerous comments have identified this area as an area that has not been properly managed for consistency with the intent and purposes of the NU- Natural Use zoning district. Many comments were received from individuals and representatives of the Womens Bay Community Council suggesting that the borough should enforce a strict prohibition on motorized off -road vehicle use in the NU- Natural Use Area. Other comments remarked about the NU- Natural Use Area as a "watershed" for the existing Womens Bay community and that this capacity should not be diminished through further disposal and development of land in the NU- Natural Use Area. Page 113 of 137 Response Staff has reviewed the plan with regard to the above referenced issues. These issues represent a number of different concerns, but are commonly expressed in close linkage with one another. For that reason, staff has commented on many of the issues here, in one location, rather than trying to break this issue down into multiple components. Land Disposal — The Kodiak Island Borough owns most of the land immediately surrounding the Womens Bay Core Area and much of the existing open space situated within the Womens Bay community. The land owned by the borough is largely land that was conveyed to the borough by the State of Alaska as part of its "municipal entitlement ". Entitlement land is land owned by the borough to be used for a variety of public purposes which may include, but is not limited to, development of public facilities, reservation for future public needs, disposal to the public for private development, reservation for public recreation and open space, disposal as a source of one -time revenue, disposal to the public to increase the real property tax base, etc. This land ownership casts the borough in a dual purpose role, first as the agency responsible for planning and zoning within the borough as required by Alaska Statute Title 29 and second, as an affected landowner and stakeholder in the area to be planned. Staff has tried to keep these two functions separated to the greatest extent possible. Despite staffs best efforts however, there is an undeniable perception on the part of the Womens Bay community that the planning staff may be tilting the plan in favor of the borough land ownership interest. If true, this would be an unethical conflict of interest from the perspective of the ethical guidelines of the American Planning Association (APA) to which borough staff subscribe (not to be confused with the state or borough definition of conflict of interest which require a monetary interest in a plan or project) These two interests have been and continue to be compartmentalized within the borough organization. Land owner interests are routinely represented by the Assembly, borough manager and by the KIB Assessing staff. Planning functions and the public involvement process for this plan are handled by the KIB Community Development Department and its various consultants from time -to -time. Staff has taken reasonable steps to keep these two interests separated, however, in a small organization it will always be a challenge to dispel the perception that the borough administration and staff are trying to influence the planning process to obtain a certain result. Even though the Assembly has not been vocal on the NU- Natural Use Area as is relates to the Womens Bay plan, they have addressed the general issue of borough land disposal an a recurring basis through an annual review of available borough lands and through the strategic plan that is reviewed and revised annually. For more information the Assembly's strategic plan is available online at www.kib.co.kodiak.ak.us . It does not specifically address land in the Womens Bay community, but it does provide a general guideline for the benefit of the public. Taking all this into consideration, staff had previously re- evaluated the proposed disposal area and reduced the designation from 20 acres to 12 - 15 acres of land. Staff provides the fallowing explanation in response as to why this was done. The Kodiak Island Borough is obligated by law to manage its land in the common interest of all borough residents, regardless of the land's acreage, location or proximity to other Page 114 of 137 recognized communities within the borough. Because municipal entitlement land has economic value and because it is the chief method used by the state to endow new municipalities, the obligation of the borough to manage its land may be considered similar to a fiduciary responsibility of a Trust Manager. When land is disposed of, it must be disposed of for a specific purpose as determined through the land disposal procedure in KIBC Chapter 18.20 (Real Property Disposal — In General). When borough land is classified or reserved for a specific purpose (and staff is not aware of a method under borough code to reserve land in perpetuity, such that future borough assemblies cannot reconsider the reservation or zoning status), that policy decision must also be justified as to the need, cost and benefit of the reservation as it relates to the entire borough community. This includes borough residents that live in the City of Kodiak, outlying villages, and other unincorporated areas of the borough. That this area would be viewed differently was part of the original rationale applied to the Core Area and Regional Area boundaries at the very beginning of the Womens Bay planning process. By separating these two areas it was ensured that the Regional Area Boundary surrounding the Womens Bay Core Area would be evaluated in this larger context (regardless of the ultimate policy decisions) and that this same rationale would be applied to State of Alaska lands and large undeveloped tracts of Native Corporation land. With regard to the economic value of the NU- Natural Use zoned area, staff has requested the KIB Assessor to develop a value estimate of the land for discussion purposes. Unfortunately, the Assessor has been busy with the development of the 2006 tax roll and has not had time to look at this issue. A reference will be added to the implementation strategy to have this looked at in the future as part of the plan implementation. If the borough Assembly wishes to reserve the NU- Natural Use area it should understand the economic impact of that decision both from the standpoint of foregoing potential revenue from disposal and the longer term impact of foregoing future property tax revenue on land and improvements that might have been developed on this land. While the draft plan clearly supports the maintenance of the bulk of the NU- Natural Use Area, some 710 acres, staff perceived the designation of 12 to 15 acres of land that is already provided with utilities and served by the service district to be a reasonable compromise position. Staff believed this was a reasonable compromise in terms of balancing the needs of the larger community for residential development with the desires of the Womens Bay Community. The draft plan clearly preserves the principal values of the existing NU- Natural Use Area including the Jack and Lee Lakes area and the related upland environment. Nevertheless, staff has decided to amend the plan to eliminate any references to land disposal in the NU- Natural Use Area before forwarding the plan to the P &Z Commission and Assembly in deference to the strong opposition expressed by the Womens Bay Community Council and various individuals throughout the planning process. Land Management — This issue deals with zoning code enforcement (or more succinctly the perceived lack thereof) of the existing NU- Natural Use zoning district standards (again with particular emphasis on the borough owned portion immediately abutting the Bells Flats Alaska Subdivision). Zoning enforcement service is provided by the Kodiak Island Borough on an area -wide basis. The borough employs one full -time planner who has many responsibilities, including investigation of zoning violations in accordance with the borough's adopted zoning codes and related enforcement policies and procedures. Page 115 of 137 The Kodiak Island Borough Zoning Enforcement Policy dated December 20, 1989, is the guiding influence over all zoning enforcement actions. It presents both the legal basis for zoning and explains the "how and why" of the borough's zoning enforcement posture. It provides, in relevant part, that the borough will do zoning enforcement on a complaint basis only, unless there is an immediate and clear threat to public health, safety and welfare. The purpose of the zoning enforcement program is not to be punitive, but to gain zoning compliance primarily through voluntary actions of the public. In a similar fashion to the issue response above, this issue is also affected by the dual role the borough plays in being both the enforcer of the zoning rules and the owner of the land. When a zoning complaint is received by the borough staff, the first step is to investigate and determine if a zoning violation exists. This is not always an easy task with regard to off -road vehicles use because most violations occur during evenings and weekends. In addition, by the time borough staff can respond during normal business hours, it is seldom possible to observe the actual use in action, even though there may be cumulative evidence of the activity observed in the field. The Kodiak Island Borough Zoning Enforcement Procedures were adopted by the Assembly on June 20, 1991. These procedures provide the step -by -step procedures for investigating and prosecuting a zoning violation. This procedure provides for a "progressive discipline" approach and establishes a guide for compliance deadlines and elevation procedures. While every effort is made to resolve zoning violations at the lowest administrative level, there are appeal processes and elevation procedures in place so that unresolved zoning issues can be forwarded to the Borough Attorney for full prosecution in a court of law. It is also the intent of these procedures to preserve the substantive and procedural "due process" rights of all participants in the process. It should be kept in mind however, that going to court is the absolute last option to resolve zoning violations and that all other methods of resolution must be exhausted before the borough will resort to this type of enforcement action. As previously mentioned, the borough is the owner of the NU- Natural Use zoned area abutting Bells Flats Alaska Subdivision. If a zoning complaint were made, the zoning enforcement officer would investigate to determine whether a zoning violation exists. If a zoning violation was found to exist, an attempt would then be made to notify the land owner to advise them of the violation and request compliance within a certain time frame. This procedure does not work well when we are talking about public land and the land use violation is being perpetrated by the public. As a result, the use of borough land by off-road vehicles is really a Land Management issue, rather than it is a zoning issue. An example was provided at the meeting about recent changes in land management at the Monashka Bay \White Sands Beach area. This area (located entirely outside of the Monashka Bay Watershed) was posted by the borough as a non off-road vehicle area not so much because of the NU- Natural Use zoning and the potential threat of zoning enforcement, but because the borough Assembly and the borough administration were persuaded that it was the responsible thing to do from a land management/land ownership perspective. Public use of borough land is generally govemed under KIBC Title 18 and specifically under KIBC Chapter 18.35 (Trespass). There are two principle ways to manage public lands. One way, as employed by the Kodiak Island Borough, is the "open unless Page 116 of 137 posted" method. The other method is to consider land "closed unless posted ". The second method is much harder to put in place for a governmental entity because it requires a great deal of planning and policy making before deciding which lands will be restricted by use and how the public's diverse land use needs and interests can still be satisfied. Staff notes with regard to the discussion of off -road vehicle use that roads and trails are a conditional use in the NU- Natural Use zoning district. In that regard, some of the existing trails may be considered to be nonconforming if they were used for any off -road vehicle use prior to the advent of the zoning change. Clearly some of the trails in evidence today did not exist at that time, however it would take some study to determine which trails are "grandfathered" and which are not. It would make more sense to complete a trail plan that is part of the comprehensive plan currently being researched and written for review that would designate certain trails for destination travel to and through the NUA and determine through a public hearing process which trails should be "extinguished" in order to implement the plan. Watershed — Several comments have been made about recognizing the NU- Natural Use Area as a "watershed ". Although this was one of the principal justifications for the original rezone of the NUA, the area has never been studied for its hydrologic potential and its practical benefits, it any, to the adjoining residential subdivision. Both the borough and state owned portions of the NUA are located between the Sargent Creek and Russian River stream centerlines. While there may be some substantial acreages involved with NUA land, staff is inclined to believe that the actual watershed boundary for Russian Creek and Sargent Creek has more in common with the Regional Area Boundary as identified in the Womens Bay plan. The area between the two creeks (the NUA) is steep in places, particularly in the borough owned portion of the NUA abutting the existing residential subdivision. This area is characterized by the Jack and Lee Lakes area, along with several other smaller lakes such as Cicely, Aurel, etc.. It appears to staff that a considerable amount of water that falls in the NUA uplands around Jack and Lee Lakes area does not substantially recharge either the creek system or the underlying water table. It appears that most of the water falling on this area maintains the lake systems. Still, it may be prudent to study the area encompassed by the Regional Area Boundary in the future for hydrologic potential. Staff notes however, a true watershed reserved as a public water supply would not permit any recreational use and instead of being zoned NU- Natural Use would be more appropriately zoned WS- Watershed. In order to meet today's more stringent EPA regulations for surface water watersheds and reservoirs, it would require this rezoning as well as a willingness to enforce non - recreational use in order to avoid having to fence off the entire watershed area. This is something that the City of Kodiak has considered conceming both the Pillar Creek and Monashka Bay reservoirs and for which they have obtained a grant of "extra- territorial" jurisdiction in order to apply their own "police power" to the enforcement of watershed regulations. Open Space — Staff has included this topic for discussion because of current planning and recreation initiatives in other areas of the borough as well as comments relating to the NUA that have been submitted to the Womens Bay planning process. The idea of incorporating small "pocket parks" into existing neighborhoods of the borough is an idea Page 117 of 137 expressed in the Assembly's strategic plan. The Assembly believes that all communities of the borough should have recreation and open space opportunities within walking distance of residential neighborhoods. By comparison with neighborhoods that have no public open space the Womens Bay community fares well with more than 70 acres of undeveloped "open space" in the Core Area, not including the Russian Creek drainage, the "B" Tracts and several undeveloped residential parcels. When considering the development of these "pocket parks ", the Parks and Recreation Committee has been considering how the operation and maintenance of these facilities would be financed. The NUA as proposed in the comprehensive plan is a tremendous asset and yet the discussion of this recreation area has had no mention of any responsibility owed by the benefited to community to contribute to the improvement, operation or maintenance of area. It may be appropriate to discuss whether or not the entire NUA should be incorporated into the Womens Bay Road Service Area or some other mechanism in order to properly recognize this as a "common area amenity' of the Womens Bay community. In its comments the WBCC suggested to "allow park and trail infrastructure development in the designated Natural Use Area to support health, recreation and open spaces for the adjacent residential developments ". Staff notes in response that the NU- Natural Use zoning district does allow for some improvements to occur as a conditional use. The applicable language of the NU- Natural Use zoning district is summarized as follows: 17.12.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Communication facilities; B. Parks and recreational support structures, including related equipment, facilities, and structures (e.g. playground equipment, bathroom facilities, picnic shelters, parking lots, and other paved areas, etc.); C. Public recreational cabins; D. Road and utility installations; and E. Structures which enhance the intent of the natural use district (e.g., fish, wildlife, or habitat enhancement and/or rehabilitation structures, fish ladders, hatcheries, etc.). 17.12.090 Special district regulations. Approved conditional uses in this district will conform to the following performance standards; A. Must support a public need; B. Must minimize the impact on the natural environment and shall preserve, to the maximum extent feasible and prudent, natural features, specifically: 2 Feasible and prudent means consistent with sound engineering practices and not causing environmental, social, or economic problems that outweigh the public benefit to be derived from compliance with the condition which is modified by the term "feasible and prudent." Page 118 of 137 1. conditional uses in upland habitats must retain natural vegetation coverage, natural drainage patterns, prevent excessive runoff and erosion, and maintain surface water quality and natural groundwater recharge areas; and 2. conditional uses in estuaries, tideflats, and wetlands must assure water flow, natural circulation patterns, and adequate nutrient and oxygen levels; and C. Although a particular conditional use may constitute a minor change, the cumulative effect of numerous piecemeal changes can result in a major impairment of the environment. The particular site for which a conditional use application is made will be evaluated with the recognition that it may be part of a complete and interrelated environmental area. The primary intent of the NU- Natural Use zoning district is in support of passive recreation purposes as opposed to typical park developments which are usually associated with recreational equipment, maintained open space, picnic sites, or sports fields and courts If typical park development is the intent of the community then it should continue to work with the Parks and Recreation Committee to develop this vision and perhaps a master plan for the development of the park. Along these same lines however, staff would recommend that the Womens Bay community look at its existing parks and open space within the Core Area as well and present a complete vision of all park facilities in the community and come up with a plan how they should all be developed and maintained. The WBCC recommends that the KIB "acknowledge responsibility to provide easily accessed recreational lands adjacent to residential development..." While the borough has adopted non - areawide authority to provide "recreational facilities ", the process that was put in place to implement that authority was the KIB Parks and Recreation Commission. In addition, the first "park" plan that was adopted was the 1979 Comprehensive Parks and Recreation Plan, which is still the adopted plan for this functional element of the KIB Comprehensive Plan and must somehow be reconciled with the newer borough community plans adopted by the borough. The Assembly has acknowledged in its strategic plan a desire to provide "pocket parks" throughout the community that are easily accessible from residential neighborhoods. So far there is no plan that specifically references making large borough acreages available solely for recreational use. The Womens Bay community could consider making this a responsibility of the local community by adding this to the menu of services provided on a service district basis. This would require an election, but the election would be limited to the residents of the Womens Bay Service District. If the Assembly believes that it is obligated or responsible to provide additional recreational lands and park improvements to the Womens Bay community, in addition to the existing parks in the Womens Bay community such as Panamaroff Creek Park, then it might want to consider dedicating borough lands identified for NUA or park purposes. Dedicating the area for park Page 119 of 137 purpose would be like dedicating the roads for road purpose and could be done either through a platting procedure or the recording of a conservation easement. Absent this type of action, there would be little assurance that future assemblies could not change the status of the NUA. Habitat — the NUA has great value for human recreational purposes, but it is also an area that supports a broad diversity of flora and fauna. Because of the potential for erosion of trails by off -road vehicles, it is important to consider the location and frequency of trail use as it may impinge on salmon spawning and rearing in areas where the soil erosion may cause silt deposition in the streams or where stream crossings may directly disturb salmon spawning habitat. In addition to salmon, the area is used by many species of wildlife including upland mammals, migratory waterfowl and raptors to name a few. If the preservation of this area for habitat purposes in perpetuity is the desired management outcome, it may be prudent to investigate the acquisition of this land by a conservation group such as The Nature Conservancy or Ducks Unlimited. A conservation easement or fee simple conveyance to a conservation group could provide a long term preservation scenario that could not be equaled by a simple zoning designation. Staff notes that a disposal of land valued at more than $250,000 by means other than outcry auction is subject to ratification by a majority of voters at a borough - wide election as required under KIBC 18.20.050 Revision In deference to the strong sentiments expressed by the residents of Womens Bay, staff will revise the plan draft to eliminate references to land disposal. In addition, other related references to the Natural Use Area will be added to the plan unless otherwise dealt with in another issue section. Topic: Commenter: Parcel: Chapter: 3 Page: 29 Line: 2 Chapter: Appendix A Page. 50 Line: 34 Comment/Issue Salonie Creek Mixed Use Area WBCC, Individuals Salonie Creek Drainage Lot Chapter: 4 Page: 37 Line: 23 Page 120 of 137 9, U.S. Survey 2539 Chapter: 5 Page: 40 Line: 26 The issue was raised that the Womens Bay Plan does not address the Salonie Creek Drainage in any great detail. In addition, several scenarios were suggested for different uses that could be located and developed in the Salonie Creek drainage, including the idea of mixed land uses. Response The Salonie Creek Drainage is located within the Regional Area Boundary. It therefore has received the same kind of attention that other areas outside the Womens Bay Core Area have received in the planning process. Staff does not recommend the development of residential or other uses that may result in the development of a "new" community or the establishment of uses sensitive to noise, traffic or other incompatible uses. The Womens Bay community has spoken very clearly about its desire to see incompatible industrial uses moved out of the Womens Bay Core Area. As a result, some of those uses may find their way to the Salonie Creek drainage where the borough owns most of reasonably accessible land. It would not be productive or efficient to set up a similar situation to that of the Womens Bay 20 or 30 years ago. Incompatible uses can co -exist when they start out with large lot sizes and very little built up development on the land, but over time, the uses tend to grow in intensity and increase in density as land is further subdivided. Eventually this could lead to conflicts such as what has occurred in the Womens Bay Core Area. In addition, there are other more practical considerations that have not been adequately taken into account. There have been issues raised about the need for community shelters and a need to connect the Russian Creek and Bells Flats subdivisions so that essentially two communities can share a single emergency shelter. Connecting the community by bridge over the Russian Creek drainage also allows for altemate evacuation routes in the event of a disaster or structure fire in one of the commercial or industrial areas Developing a new residential community in the Salonie Creek drainage raises these same concerns. Promoting the development of a separate residential settlement area is the antithesis of what staff has recommended in the Womens Bay Core Area because it requires the creation of new responsibilities that will not enjoy the economy -of -scale that would occur to develop in an area contiguous to the existing Womens Bay Core Area. The idea of promoting a separate residential development area has many of hallmarks of sprawl development that occurs in the Lower 48, such as development that occurs in an inefficient and disjointed manner. The community already has the 40 lot Cliff Point Subdivision which is already well separated from the community and which has no real focus of interest expressed in the planning process thus far. Staff would agree that certain uses not involving community building such as the existing shooting ranges, resource extraction, off -road vehicle use and other recreational uses could be compatible in this context. In addition to the land management issues raised about the status of vehicular road access and the partially LCWF funded acquisition of the Salonie Creek Shooting Range, it may be appropriate for the Parks and Recreation Committee to do a master plan for this area which would be more specific in terms of the allocation of areas for various uses. Page 121 of 137 Revision Staff recommends additional language that supports further recreational or industrial investigation for this area and which discourages development of additional residential uses in this area. Topic: Review Kodiak Island Sportsman's Association (KISA) Lease Commenter: WBCC, Individuals Parcel: Tract 9, U.S. Survey 2539 (and access road) Chapter: Page. Line: Comment/Issue The comment was made that the KISA lease needs to be re- addressed so that other user groups can have access to this area. Response The borough administration has had several discussions with KISA and the Alaska Department of Natural Resources (ADNR) which is responsible for oversight of the LCWF grant that was used to partially fund the acquisition of Tract 9, U.S. Survey 2539 from the Leisnoi Native Corporation. The gate across the road is intended to stop vehicular access unless a person has a key. The gate should not be stopping pedestrian or equestrian users from accessing this area. The gate, therefore, is not an outright prohibition on the use of borough land that surrounds Tract 9, U.S. Survey 2539, however it does raise issues with regard to the manner in which key access is tied to membership in the KISA. ADNR has asked the borough and KISA to revamp the way in which access is controlled by the gate in order to treat people who use the shooting range lease area fairly and to ensure reasonable public access. However, ADNR realizes that there are valid risk management and public safety reasons for limiting access to the range area. The purpose of the LCWF grant was to acquire Tract 9 for use as a shooting range and a certain amount of site control is prudent in the management of the shooting range facility. The KISA is currently working on a new redevelopment plan which, if implemented, would significantly improve the safety and usability of the shooting range. In this regard KISA is seeking grants and other forms of aid to assist with funding the necessary improvements to the range and associated facilities. In order to qualify for these grants, the KISA requested a lease extension from the borough Assembly. After directing the administration to review the lease agreement in Spring 2005, it was determined that the original land disposal to KISA was approved by the Assembly for a 25 -year period. This is the maximum term of lease allowable under the borough code to a not - for - profit Page 122 of 137 organization. Based on the original Assembly approval, the lease agreement was amended to provide a lease term of the remaining 14 years, rather than reviewing the lease agreement every five years. The review of the lease agreement every five years was intended to allow for a re- evaluation of the below- market -value lease amount. This provision remains in the amended lease such that the lease rate may still be re- evaluated on the original five -year schedule. To extend the lease beyond the remaining term (now 13 years) or to re -apply for a new lease term at the maximum 25 -year duration would require a new land disposal review under KIBC Title 18. Land that falls outside the boundaries of the leasehold area are subject to the land management policies of the borough generally and it does not involve the KISA in order to discuss the future develop or use of those lands. In addition, the requirements of the LCWG grant do not apply to borough land in general outside of Tract 9, U.S. Survey 2539. Revision Staff recommends addressing this issue under the previously mentioned Salonie Creek Mixed Use proposal. Topic: Identify "17b" ANCSA Easements Commenter: WBCC, Individuals Parcel: Chapter: Page: Line: Comment/Issue There is a need to identify the approved access corridors that were reserved in the Alaska Native Claims Settlement Act (ANCSA) in order to provide public access through native owned lands in the area that might otherwise block access to other public lands. This issue includes trail locations, campsites and beach access Response The Bureau of Land Management (BLM) is largely, if not solely, responsible for marking and maintaining ANCSA "17b" easements which are usually in the form of trails, camping areas and trailhead parking areas The Kodiak Island Borough is committed to working with BLM to improve trail marking and cataloguing the trails for planning and grant purposes. Staff and the KIB Parks and Recreation Committee have worked with the National Park Service (NPS) in order to obtain technical assistance resulting in a GPS /GIS trail map that has been developed Page 123 of 137 specifically for the Womens Bay community. In many ways the Womens Bay community has been focal point of trail planning efforts and trail grant activities so that the borough can produce better maps and documents to help elected and appointed official make more informed policy decisions on this and related issues. These efforts are still ongoing and likely to continue beyond the Womens Bay planning process. Revision Staff recommends characterizing this issue as a mid -term to long -term project in the plan so that it is clear that the trail work begun in this area by the KIB Parks and Recreation Committee will continue. Topic: ATV Use Area Commenter: WBCC, Individuals Parcel: Chapter: 4 Chapter: 5 Page: 37 Page: 41 Line: 34 Line: 14 Comment/Issue This issue was raised in the context of an area for ATV (or to use the more generic term "off -road vehicle" ORV) use that might provide an outlet for ATV activity currently occurring on trails and in the NU- Natural User area. Response This concept was previously discussed in the Womens Bay plan, but was eliminated by staff prior to the final draft in favor of including it in the borough -wide comprehensive plan now under development. As currently envisioned, a designated ATV /ORV use area could be particularly important for attracting "performance" riders who are currently using their equipment on trails shared by other pedestrian and equestrian trail users. If a suitable location could be found, preferably one close to the neighborhoods that are generating the highest percentages of ATV /ORV use, it could provide an altemative to the current laissez faire public land management policies currently in place in the community. In addition, a designated ATV /ORV area could provide a more durable area, perhaps one located in an area where erosion and runoff would be unlikely to affect anadromous streams and higher value habitats. Staff believes that this use could be compatible with the shooting range in the Salonie Creek drainage or even with the gravel extraction use that is currently being investigated for this area. In this regard, the creation of an ATV /ORV "park" or sorts could be specified as part of the reclamation plan for resource Page 124 of 137 extraction uses that might take place in this area. While that is certainly possible, it would probably take many years to come to fruition as the resource extraction industry is market driven and it is only in years of high construction activity that large quantities of sand and gravel are severed from any one extraction location. The ATV /ORV "park" concept has been included by the KIB Parks and Recreation Committee in the past several years KIB Capital Improvements Program. The concept put forward would require the borough or state to identify a suitable location on public land and then turn it over by lease to a suitable not - for - profit organization to maintain and operate. This model is similar to the method in which the State Fairgrounds are managed and to a certain degree the Salonie Creek Shooting Range. The concept will probably also be mentioned in the upcoming borough -wide comprehensive plan Revision Staff recommends adding this concept back into the Womens Bay Comprehensive Plan. Due to the magnitude of the undertaking, planning for a specific location will be a mid -term to long -term project that will follow the adoption of the Womens Bay plan. Topic: Commenter: Parcel: Chapter: 2 Page: 18 Line: 38 Chapter: 5 Page: 43 Line: 1 Commentflssue Natural Use Area 1997 Plan WBCC, Individuals Natural Use Zoned Land Chapter: 3 Page: 29 Line: 9 Chapter: Appendix B Page: 50 Line: 34 Chapter: 4 Page: 38 Line: 3 Chapter: Appendix B Page: 52 Line: 34 The comment was made that a 1997 Natural Use Area Plan draft should be re- initialized and put before the Borough Assembly for adoption. Response The Natural Use Area has been a major topic of discussion throughout the planning process for the Womens Bay Comprehensive Plan revision. Nearly all facets of the area have been discussed at one time or another including, but not limited to, ATV use, habitat value, watershed value, potential for land disposal, etc. Staff believes that this issue can and should be addressed as part of the planning process that the community is currently engaged in. While there may some historical aspects to the 1997 plan, it seems unlikely that after nine (9) years the draft 1997 Page 125 of 137 Natural Use Area plan contains any more information to help decide this policy issue than the current planning process provides. Staff also believes that this issue impinges on a number of other issues such as the management of borough land in general and the obligations of the borough government to consider the needs and desires of Womens Bay community in balance with those of other borough residents. In addition, looking at the Natural Use Area to the exclusion of other potential recreational areas or recreational needs in the borough would tend to violate KIBC 2.40.030.A.3 which outlines the powers and duties of the Planning & Zoning Commission in relevant part: That was part of the reasoning of the Planning & Zoning Commission when it directed the creation of a Core Area Boundary and a Regional Area Boundary at the outset of the Womens Bay planning process. To produce a stand alone plan that pertains to one area, one issue would go against the concept of comprehensive planning. This area will continue to be looked at in the context of the still ongoing Parks & Recreation Committee planning process, the goal of which is to produce a Public Recreation Open Space and Trails section of the comprehensive plan for the entire road system. Although this section will deal with a "functional division of the subject matter", namely recreation, open space and trails, the plan policies will likely vary by area and by land ownership and the entire community will have an opportunity to address these issues on an area by area basis. Revision "When a comprehensive plan for the borough has been approved by the Assembly, amendments, revisions and extensions thereof may be adopted by the Assembly after consideration and report of the commission. All amendments, revisions, or extensions shall correspond to major geographical divisions of the borough or to functional divisions of the subject matter on the plan..." (Emphasis added) No change to the plan is recommended with regard to re- initializing the 1997 Natural Use Area plan. Topic: Kodiak Island Borough Coastal Management Program (KIBCMP) Commenter: WBCC Parcel: Chapter: Page: Line: Comment/Issue The comment was made that development in the community should follow the policies of the Kodiak Island Borough Coastal Management Program. Page 126 of 137 Response The KIBCMP has been in a State mandated process of revision over the course of the past year. The draft plan was recently sent to the Alaska Department of Natural Resources (ADNR) for review prior to approval and a number of the newly revised policies were disallowed by ADNR. The borough will now have to decide whether to accept the results of the review. The polices of the existing 1983 KIBCMP have been largely superseded by statutory and regulatory changes to the Alaska Coastal Management Program under the Govemor Murkowski Administration. In an effort to re- structure the program the State has moved all coastal management functions to ADNR and largely centralized the authority of the program under the appointed commissioner of ADNR. In the legislation, local coastal districts were mandated to update their plans to conform to the new statutes or otherwise forego further participation in the program. The new plans, which must conform to the new statutes and regulations, remove much of the local influence in the coastal management process, limiting the issues that local communities can comment on to those which are not regulated by other state or federal agencies. In addition, it does not matter that the agency may or may not be currently exercising their regulatory prerogatives, if they have the authority to regulate that is enough to preclude the local coastal management plans from addressing issues in that particular area of jurisdiction. Revision The KIB will continue to be a participant in the Alaska Coastal Management Program and will continue to implement the newly revised KIBCMP even though it provides a diminished degree of influence over development decisions made by ADNR. While no revision is recommended, staff recommends that coastal management related issues and concerns be addressed in comprehensive plans and subsequently implemented in future zoning standards. There are places where zoning is not generally applicable such as the Kodiak National Wildlife Refuge, Kodiak State Airport, the Kodiak Launch Complex and offshore, to name a few. Page 127 of 137 Topic: WWII Navy Dump Commenter: WBCC Parcel: Unsubdivided along the shoreline near Salonie Creek Chapter: Page: Line: Comment/Issue A comment was raised to encourage the private (native corporation) landowner to seek U.S. Army Corps of Engineers assistance to clean up buried materials contained in a former military dump site on the property. Response If there is contamination existing on the property to the extent that there is health or public safety issue, staff believes that the public should report this to ADEC or EPA directly. Those agencies have the regulatory authority to compel the landowner to clean up the site or to seek whatever other assistance in cleaning up the site that may be available. While borough staff wholly supports the idea of encouraging property owners to maintain their property in a clean and safe manner, environmental concerns such as this are not within the jurisdiction of the borough to enforce. In addition, the KIB does not have qualified staff to determine what may or may not constitute a public safety or health hazard. Revision Language will be entered into the plan to address this issue. It will be stated generically so that any property owner who may have former military development on their site is advised and encouraged to seek appropriate assistance to ensure that any lingering contamination is removed from the site and properly disposed of. Page 128 of 137 Topic: Leisnoi Land Status Commenter: WBCC, Individuals Parcel: Chapter: Page: Line: Comment/Issue The issue was raised that the Leisnoi Native Corporation has apparently been decertified by the courts and that once the issue is resolve it may provide more land for development or recreation on the road system. In addition, comments were made that Leisnoi should be paying real property tax to the Kodiak Island Borough like any other private landowner for all of their land holdings. Response While it is important to know and understand that a major land owner /stakeholder in the community may be in the process of a major change in land ownership status, it is not appropriate for the planning process to speculate on the legal matters associated with such issues. Staff contacted the KIB Assessor's Office after the meeting to bring this issue to their attention and to try to obtain some sort of response to the crux of this issue with regard to the taxation questions. Of all the landowners contained in the Womens Bay Regional Area Boundary, staff does not believe that the Leisnoi land holdings should be given more or less attention than the land holdings of other major stakeholders such as the State of Alaska, the Ouzinkie Native Corporation, the Kodiak Island Borough, etc. Should a major land owner /stakeholder begin to utilize their land in a manner substantially different from the current status quo that may be a signal to re- evaluate the plan for this area from a land use policy perspective. Revision Staff does not recommend any revision based on this comment. Page 129 of 137 Topic: Pursue the USCG Land Disposal Commenter: WBCC, Individuals Parcel: USCG Tract (next to Sargent Creek) Chapter: Page: Line: Comment/Issue The USCG may be disposing of land located between Sargent Creek and the Kodiak State Fairgrounds. The land may support resource extraction or serve as a community septic drainfield. Response The Kodiak Island Borough originally selected all the land in the Womens Bay drainage as part of its municipal land entitlement. In fact, the borough is "overselected" so that the remaining land the borough might receive will depend on which parcels get adjudicated first and of those parcels those which the borough has a superior claim. Staff consulted with the former borough land manager to determine a possible USCG land disposal scenario. First in order to have any chance to receive the land selection, the land must be selected by the State of Alaska. It does appear that this parcel has been selected by the state. While the USCG has determined that the land is surplus to its needs, the federal government will first need to determine whether there are any other land claims pending at the federal level before making the land available to the State of Alaska. If there are no higher claims at the federal level and the land is conveyed to the state, the Alaska Department of Natural Resources would then have to adjudicate any overlapping claims from other eligible entities to determine if the borough has the best claim on the property. This is usually based on the first date of filing a selection request. It can take years for a land disposal to make its way through this system. Regarding the potential of the site to support a community septic system, it would require a bridge crossing over Sargent Creek and the creation of a utility corridor where the sewer interceptor daylights over the river. The KIB Gravel Task Force is also investigating this site for its gravel potential. If the land did end up going to another organization or entity, the borough could still try negotiating with that entity to purchase or trade land if the acquisition would serve a strong public need. Revision Staff will continue to monitor the situation and recommends putting some language in the plan in support of acquisition by the Kodiak Island Borough if the opportunity presents itself. Page 130 of 137 Topic: Develop a Fee Structure for Gravel to Fund Capital Projects Commenter: WBCC Parcel: Chapter: Page: Line: Comment/Issue An action item was suggested in the WBCC comments to establish a fee structure for gravel extraction that could provide funds for capital projects in the affected service area. Response This response was placed in the Regional Area category because of the strong sentiments about eliminating the gravel extraction from the Core Area. In addition, staff believes that this issue is a Regional Area issue that extends beyond the Womens Bay community, yet we recognize that any policy development on this issue would also be applicable to the Womens Bay Core Area if it is applied anywhere else within the borough. The Kodiak Island Borough receives a royalty on gravel that is extracted from the "B" Tracts which are located in the Womens Bay Core Area. Staff does not believe that the Assembly can dedicate revenues derived from borough land to benefit a specific service district or community. Even though the impacts of the land use may warrant such consideration, the Assembly would need to be petitioned on an annual basis for an "impact fee" if that is what the community desires. This would only be applicable to borough owned lands where a lease fee and /or royalty revenues are being collected. In other areas of the borough, on private land, only the borough severance tax would be applicable (subject to certain exceptions). In either example, the revenues are added to the general fund and must be appropriated back out for a specific purpose on an annual budget basis. Revision Staff does not recommend a change to the plan to address this issue. Page 131 of 137 Topic: Improve Road Standards Commenter: WBCC Parcel: Chapter: Page: Line: Comment/Issue An objective and action item was suggested in the WBCC comments to improve the road standards of the borough and require roads to be constructed prior to land sale. Response This response was placed in the Regional Area category because of the strong sentiments about land disposals in the Womens Bay Core Area and areas immediately abutting the Core Area. Staff believes that existing examples of substandard road construction (which were not specifically identified in the WBCC comments) are examples of old borough codes, or a past failure by the P &Z Commission or staff to enforce the code. Staff believes that the current standards for subdivision development would ensure an appropriate standard of road construction in any new subdivision regardless of development by the borough or a private land owner entity. The only exceptions to the road building requirement in the subdivision code is for lots that are 10 acres or larger, lots that are not located on the road system and are unlikely to ever be connected to the road system, and lots that are located along an existing right-of-way and a flag lot subdivision design is used to avoid platting and developing a cul-de -sac. Road standards required in the subdivision code are applicable to all areas of the Kodiak Island Borough, including the Womens Bay Core Area. For that reason, the response to this item in included in the Regional Area response category. Revision Staff does not recommend a change to the plan to address this issue. Page 132 of 137 Topic: Boundaries Commenter: WBCC Parcel: Chapter: 1 Page: 2, 4 Line: 7, 18, Map 2 Chapter: Appendix A Page: 50 Line: 9, 20 Comment/Issue Chapter: 2 Page: 19 Line: 1, 3 Chapter: 3 Page: 29 Line: 9 The Womens Bay Community Council suggested a new goal to be added that would change the boundaries referenced in the draft plan to the 1980's boundary recommendation of the Womens Bay Comprehensive Planning Team recommendation. Response This response was placed in the Regional Area category because the suggested change would have no change on the previous comments for the Womens Bay Core Area., but it could have an affect on policies developed for the regional area. The decision to structure the revised Womens Bay plan with a Core Area and Regional area boundary was one of the very first decisions made by the Planning & Zoning Commission as the planning process was getting underway in 2003. Staff believes this was an appropriate compromise given the relatively undeveloped nature of the land around the Core Area and the fact that the large tracts of land are held largely held in trust by a small handful of land owners. These landowners include the State of Alaska, the Kodiak Island Borough and several Native Corporations. In these situations, it is usually very hard to get the involvement of these large landowners and stakeholders. While staff is ethically obligated to try and involve all relevant parties in the planning process, organizations with large numbers of members or shareholders often have trouble expressing a single vision for their land holdings when in fact most of these organizations have no specific plans in place for their lands. Staff is not inclined at this point to change the plan methodology that was established at the outset of the planning process. While a lot has been made about some of the numbers resulting from the attitude survey that was conducted as part of this plan, and other comments submitted along the way, it must be recognized that the vast majority of respondents are Womens Bay residents. In this regard we recognize that the results of the survey may be skewed in favor of the attitudes of Womens Bay Core Area residents. Many of the constituents and shareholders of the surrounding landowners have not been heard on these issues. For this reason staff is ethically obliged to remain consistent on the boundary issue and trust that the P&Z Commission and Assembly will address this issue appropriately during the final round of public reviews leading to adoption. Page 133 of 137 Revision Staff does not recommend a change to the plan to address this issue. Page 134 of 137 P. Semi - Annual Report of the Gravel Task Force MEMORANDUM DATE: September 27, 2006 TO: The Kodiak Island Borough Assembly THROUGH: The Kodiak Island Borough Planning and Zoning Commission, and; Duane Dvorak, Acting Director, Kodiak Island Borough Community Development Department. FROM: Martin Lydick, Associate Planner, Community Development Department SUBJECT: Semi - annual Progress Report of the Gravel Task Force The Assembly appointed the Gravel Task Force in May 2005. The task force is comprised of seven members with the Community Development Department serving as the staff. I have served as the chair in the absence of a permanent appointment of a Director of the Community Development Department, and I serve in a non- voting capacity. The first formal meeting of the task force convened September 28, 2005, and meetings have been held consecutively over the last twelve months. Minutes from these meetings are available for review at any time in the Community Development Department as they are part of the public record. The mission and goal of the task force as established by the Assembly are provided below for your information: Mission: The Kodiak Island Borough Assembly, on the recommendation of the KIB Planning and Zoning Commission, establishes a Task Force committee to assess the sand, gravel and earth materials resources of the road system region of the borough, development policies for earth resource management, and to make recommendations to the KIB Planning and Zoning Commission and the Borough Assembly on management approaches, procedures, and policies. Goal: The goal of the committee is to provide for the sustainable long -term availability of sand, gravel and earth materials in support of orderly and economical growth and development in the Kodiak Island Borough and to reduce to the maximum extent possible any undesirable impacts and conflicts arising from the extraction and use of these resources. The purpose of this interim report is to provide an update of what the task force has accomplished since we last reported on June 5, 2006. The June 5, 2006 report detailed the Task Force's efforts to review and analyze the existing gravel extraction sites on the road system (14); to identify new potential gravel sites on the road system (4); and to establish a projected community -wide need for gravel resources for the next thirty (30) years (6,000,000 cubic yards). The four readily accessible road system sites contain a roughly estimated 10,284,000 cubic yards of gravel yielding a surplus of 4,284,000 cubic yards over projected future need. Page 135 of 137 A request for Assembly funding ($25,000) for exploration and assaying work on identified sites did not prove fruitful. The Task Force adjusted their expectations and has since focused on a more modest effort. The Task Force determined that exploratory and assaying work should be undertaken on the Kodiak Island Borough owned Salonie Creek site due to land ownership issues with the other identified sites. An available funding mechanism was identified within the Manager's discretionary purchasing authority. The Task Force has been working in concert with the Manager in order to accomplish a scaled down exploration of the Salonie Creek site. Towards this end, a Request for Prices (for exploration and assaying) package was prepared and distributed to local suppliers of equipment and personnel services on July 28, 2006. Responses were received from three interested suppliers. The Task Force reviewed the submissions at the September 11, 2006 meeting, and forwarded a recommendation expressing the Task Force's consensus to the Manager's office. The final job award has yet to be made, but the Task Force is hopeful that the award will be offered and the work accomplished prior to the end of October 2006. In this event, the Task Force will have completed three of the four mission goals outlined in the Gravel Task Force Implementing Resolution. The fourth and final goal of the Task Force's mission, "Recommend policies to the Planning and Zoning Commission and the Kodiak Island Borough Assembly for the orderly development and long term availability of gravel and earth materials" remains unaccomplished. Task Force members have expressed interest in continuing their volunteer efforts in order to provide recommendations regarding permitting, establishment, and oversight of future gravel extraction operations. This work process may be categorized into component sections generalized as: [1] a review of existing regulatory models; [2] applicability and adaptability of these models to our local environment; and [3] identifying opportunities to enhance locally available resources. A projected timeline for the completion of this final goal and the submission of a Final Report of the Gravel Task Force is January 2008. Due to this projected one -year extension of required time, the Gravel Task Force has requested that the Commission consider a motion (attached to this report) extending the authorized constitution of the Gravel Task Force, and recommends passage. Respectfully, Martin Lydick, Associate Planner Kodiak Island Borough, Community Development Department Page 136 of 137 Womens Bay Comprehensive Plan Update Prepared by: Kodiak Island Borough KIB Planning and Zoning Commission With: Bechtol Planning & Development ASCG Incorporated M. R. Stearns Planning + Design LLC December 2006 KIB Mayor and Assembly Members Jerome Selby, Mayor Tom Abell, Deputy Mayor Michael Anderson Tuck Bonney, Deputy Mayor Pat Branson Cecil Ranney Nancy Wells Barbara Williams Robin Heinrichs Greg Razo Wayne Stevens KIB Planning and Zoning Commission Dr. Gary A. Carver Jerrol Friend Casey Janz David King Dennis A. McMurry Reed E. Oswalt Brent Watkins Cheryl Boehland Jake Ketscher Barbara Williams KIB Staff Borough Mayor Office Department of Community Development Womens Bav Community Council Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft Acknowledgements ii Mel Stephens Reed E. Oswalt Sue Jeffries Gary Juenger Consultants Eileen R. Bechtol, AICP, BP &D Nicole McCullough, ASCG Inc. Michelle R. Stearns, AICP, M. R. Stearns LLC This publication was funded by the Alaska Coastal Management, Department of Natural Resources, pursuant to National Oceanic and Atmospheric Administration Award NO. NA 03NOS4190074. The views expressed herein are those of the author(s) and do not necessarily reflect the views of NOAA. ALASKA COASTAL MANAGEMENT PROGRAM December 2006 Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft Table of Contents Acknowledgments List of Maps iv List of Tables iv Acronyms iv Chapter 1 Introduction 1 A. Project History 1 B. General Location 2 Chapter 2 Background Report 5 A. Population 5 B. Cultural Environment 7 C. Natural Environment 7 D. Service Area 18 E. Public Facilities 18 F. Transportation Access Details 19 G. Natural Use Areas 19 H. State of Alaska Area Plan 20 I. Gravel Operations 22 J. Land Based Classification Standards 23 Chapter 3 Development Pattern 30 Section 1 Community Preferences to Planning Issues 30 Section 2 Development Alternatives 31 Section 3 Preferred Development Pattern 33 Chapter 4 Goals, Objectives, and Actions 35 A. Land Use 35 B. Jack and Lee Lakes Natural Use Area 36 C. Public Health /Safety and Environment 36 Chapter 5 Plan Implementation 37 A. Land Use 37 B. Jack and Lee Lakes Natural Use Area 41 C. Public Health /Safety and Environment 43 Chapter 6 Recommended Land Use Map 47 A. Land Use Policies 47 Bibliography 50 Appendix Appendix Items A through 0 are published separately from the plan document. December 2006 List of Maps Map 1 WBC Vicinity Map 3 Map 2 Womens Bay Core and Regional Planning Areas 4 Map 3 AKDOL Census Map 6 Map 4 WBC Geology 11 Map 5 WBC Wetlands 15 Map 6 WBC Anadromous Water Bodies 17 Map 7 State Area Plan - WBC Area 20 Map 8 State Area Plan — Sargent Creek 21 Map 9 LBCS Activity 25 Map 10 LBCS Structures 27 Map 11 LBCS Vacant Properties 29 Map 12 Womens Bay Land Use Map 49 List of Tables Table 1. Womens Bay Community Population 5 Acronyms ADEC ADES ADFG AKDOL ASCG DCED DNR EPA FEMA FGDC GIS GPS KIB LBCS LWCG NAICS NFIP NPS /RTCA SIC SLUCM USF &WS WB WBC WBCP Alaska Department of Environmental Conservation Alaska Department of Emergency Services Alaska Department of Fish and Game Alaska Department of Labor ASCG Incorporated Department of Community and Economic Development Department of Natural Resources Environmental Protection Agency Federal Emergency Management Agency Federal Geographic Data Committee Geographic Information System Global Positioning System Kodiak Island Borough Land Based Classification System Land and Water Conservation Grant North American Industrial Classification System National Flood Insurance Program National Park Service — Rivers, Trails, and Conservation Assistance Standard Industrial Classification Standard Land Use Coding Manual United States Fish and Wildlife Service Womens Bay Womens Bay Community Womens Bay Comprehensive Plan Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft iv December 2006 Chapter 1. Introduction History The Womens Bay community, named for the Bay it overlooks, is located in the lower Russian and Sargent Creek valley on the northeast coast of Kodiak Island. Also known as Bells Flats, the area was extensively used during World War II by the military for national defense. The military placed infrastructure, particularly roads, in the area that still exists today. In the late 1960's the federal government transferred land to the State of Alaska. Some of this land, including the area presently occupied by the Womens Bay community, was subsequently transferred to the KIB. The KIB in turn, instituted a land disposal program, the Municipal Land Entitlement Trust, and transfered parcels not needed for public purpose into private ownership. A memorandum from the KIB Resource Management/Assessing Department, dated April 30, 2003 outlining recent and past land disposal sales is in the Appendix of this plan. Although the Koniag people were known to be living along the coast in the general vicinity, as evidenced by midden sites at different locations in Womens Bay, none have been found inland in the planning area. However, the area was probably used during this time for hunting, fishing and berry and plant gathering on a seasonal basis. The Russian explorer Sarichev explored and named Womens Bay (which is a direct English translation of the Russian "Guba Babya ") in the late 1700's. The lower Russian Creek valley, probably including portions of the planning area, was occasionally used as a livestock pasture due to its relatively gentle topography. In 1939, a visiting Alaska Game Commission Agent noted that a Mr. Bell (which Bells Flats is named for) lived at the head of English (Womens) Bay with his family and grazed a milk cow and two calves. A 1940's vintage map also notes a grazing lease belonging to the Nixon Dairy containing 997.5 acres below Lake Lee and Lake Phil. This lease probably extended from this point back toward Russian Creek, where the original Nixon Ranch House still stands near the end of Middle Bay Drive. The advent to World War II brought significant changes to all of Womens Bay, including the planning area. Infrastructure for thousands of military personnel, including barracks, support structures, roads and even piped water and sewer were installed. In the planning area, the extension of present day Sargent Creek Road was called either Sargents Creek Road or Way according to 1940s vintage Navy maps. This route led to a pumphouse which collected water from Sargent Creek via a gallery and pumped drinking water through a 12 inch wood stave pipe to the water system located throughout Bells Flats. The foundations of Navy Seabee Quonset huts are also visible along the extension of Sargent Creek Road. Womens Bay Comprehensive Plan Update P8Z Commission Approved Draft 1 December 2006 General Location The Core Planning Area includes the community of Womens Bay on the west coast of Kodiak Island, 8 miles south of the City of Kodiak. It lies at approximately 57.693° North Latitude and 152.622° West Longitude and encompasses much of the southern 1/2 of Sec 29 and Sec 30, most of Sec 31, and the west margin of Sec 32, R 20 W, T 28 S, the SW '% of the SW Y Sec 36, R 21 W, T 28 S, the northeast 1 /4 Sec 2 and the north 1/2 Sec 1, R 21 W, T 29 S.( Seward Meridian) Womens Bay is located in the Kodiak Recording District. The Core Planning Area for the WBC plan update is shown on Map 2. Approved by the KIB Planning Commission at their October 15, 2003 meeting, this planning area boundary encompasses approximately 2.8 square miles (1792 acres). Within this core planning area approximately 1.2 square miles (783 acres) is private land in five subdivisions. Russian River Estates Russian Creek Subdivision Russian Hill Subdivision Sargent Cr. Subdivision Bells Flats Subdivision The boundary of the Regional Planning Area is defined by a series of sharp ridges and peaks which compose the drainage divide for the Russian, Sargent, and Salonie Creek drainages. The greater Regional Planning Area (also shown on Map 2) includes lands and waters of the surrounding watershed and encompasses approximately 53 square miles (34,000 acres). The lands within the Regional Planning Area are owned by the Federal government (820 acres), the State of Alaska (17,177 acres), the KIB (6,693 acres), Koniag, Ouzinkie and Leisnoi native corporations (8,165 acres), and other private landowners in the Core Planning Area (783 acres). Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft — 11 acres — 238 acres — 19 acres — 10 acres — 505 acres 2 December 2006 Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft Map 1. WBC Vicinity Map 3 December 2006 / �o�„x.,e .,��e �oaP.� � I I � i Native�' /.n.: !-- —� .. �... � �emxo� . .._P 2A2 I ° Native . ` �, � ' �, - , � �� - aoa �< , � � a � � .. a �� _ ��R � � � �="�_ ��.,_�_� � � . � ��.. �ed�ral � T�9 S, � R�� 2� _�$ �: � , T 29 S. �, a . T_�,. : -__ r : --' 11r. — � �T .E�=.o, � � � �/ � �� B rou�g �°� • jj // ; ' Federal / / � � �• . �, � i , � ; � � - -^- �� _., . • � , � , � � f-- . . � � � � �� - - _. Nataare � %'%/�/� � � � � � � ; �,� , ��.s�o,.�d�� ' , � / � / // � / '�/�/,�; , � I � � i� I°� _...�� , � � ........... ; � � � j o / �� .e�a.o. �� N�i e ,�.,��a,,,��. 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 620* 843 843 674 746 749 672 662 674 675 2000 2001 2002 2003 2004 2005 690* 743 ** 750 ** 667 ** 687 ** 703 ** Chapter 2. Background Report A. Population The Womens Bay Community population determined by the U.S. Census Bureau (Census) and the Alaska Department of Labor (AKDOL) is based on an area encompassing 43.7 square miles of land. The population figures are estimated by the AKDOL for the Kodiak area using results from the Census and state certified revenue sharing figures. Table 1. Womens Bay Community Population Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 5 *Actual Census figures * *AKDOL Estimates Map 7 depicts the Womens Bay Census Designated Place (CDP) map from the Alaska Department of Labor showing the area used by the U.S. Census Bureau and the Department of Labor when calculating population figures for the Womens Bay area. The majority of this population resides within the subdivisions of the Womens Bay core planning area. The 2000 census population figure for Womens Bay CDP has increased by almost 9% since 1990. However, the population of the Womens Bay Planning Area appear to vary from year to year with a range from 660 — 750 in the past ten years. December 2006 I 0 1 ai § m° F :gni as r u 0 B. Cultural Environment Womens Bay is an unincorporated area located within the Kodiak Island Borough. Approximately twelve percent of the population is Alaska Native or part Native. Due to its close proximity to the Kodiak Coast Guard Base, many residents are Coast Guard families. A community association, the Womens Bay Community Council, advocates for local concerns. Community roads are maintained by a local service district and the community includes a volunteer fire department with a firehouse and fire suppression equipment. The firehouse also serves as a community meeting center, a voting site, and emergency shelter. During the 2000 U.S. Census, there were 269 total housing units, and 18 were vacant. Four of these vacant housing units are used only seasonally. Four hundred and twenty five residents were employed. The unemployment rate at that time was 5.43 %, although 20.56% of all adults were not in the work force. The median household income was $72,083, per capita income was $27,746, and 0% of residents were living below the poverty level. C. Natural Environment Topography The topography of the Womens Bay Regional Planning Area is generally mountainous and rugged. The boundary of the Regional Planning Area is defined by a series of sharp ridges and peaks which compose the drainage divide for the Russian, Sargent, and Salonie Creek drainages. The relief of the regional area is 3366 feet with the highest point the crest of Center Mountain at the southwest end of the area and the lowest point at sea level along the northeast side of the area. The Regional Planning Area contains three northwest trending valleys occupied by Sargent, Russian, and Salonie Creeks. The upper portions of these valleys are steep sided and narrow, but the lower reaches of the valleys are "U" shaped with broad flat floors and low relief rolling topography. The Core Planning Area is located in the lower part of the Sargent and Russian Creek valleys. The Regional Womens Bay planning area contains various lakes throughout the surrounding hills, which are situated at various altitudes.. Most notable is the Jack and Lee Lakes area, five lakes located between the Russian and Sargent Creek valleys on an upland bench of rolling hills above the northwest margin of the Core Womens Bay Planning Area. These lakes (Jack - 4.7 acres, Lee - 14.3 acres, Aurel - 15.2 acres, Caroline - 6.6 acres, and Cicely - 5.6 acres) are stocked by ADFG with Rainbow Trout and encompassed in the Jack and Lee Lakes Natural Use Area. Numerous small streams are also present in the regional area. The existing developed areas, within the Bells Flats, Sargent Creek, Russian Creek, and Russian River subdivisions are generally between 15 to 20 feet above sea level to 100 feet in elevation. The Bells Flats and Russian Creek and Russian River subdivisions are bisected by the Russian River and contain steeply rising hills on both sides of the valley floor. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 7 December 2006 Shoreline Characteristics The shoreline characteristics of the Womens Bay area can be described as gently sloping and containing sand, pebbles, and gravel and rock materials. The Frye Point area becomes an island at high tide but is connected to the mainland by a natural gravel and sand bar at periods of low tide. The area where Panamaroff Creek enters Womens Bay is a tidal wetland containing eelgrass and other shoreline vegetation. The other areas of the bay are gently sloping and at low tides become completely drained. Geology The Womens Bay planning area is underlain by highly deformed Late Cretaceous (100 to 65 million years old) accreted deep marine sedimentary and meta - sedimentary rocks (Kodiak Formation), principally turbidities. Dominant lithologies are dark gray to black shale, slate and phyllite with lesser amounts of interbedded siltstone and greywhake sandstone. These rocks are thin to medium bedded, isoclinally folded, and locally sheared and fractured. Bedding is commonly nearly vertical and over most of the region strikes to the northeast. Because of the sheared and fractured nature of these rocks they are commonly relatively unstable on steep slopes, especially where the slope is parallel to the bedding, and are prone to bedding surface rockslides and block falls. The fine grain nature of the rocks renders them highly impermeable, resulting in low yield of water wells and poor subsurface drainage. The accreted rocks are intruded by dikes and small plutons of biotite granite and biotite quartz diorite of early Tertiary age ( -50 -55 million years old). These intrusive bodies are rare in the eastern part of the planning area but become more abundant to the west The entire planning area was extensively glaciated during the late Pleistocene. Large outlet valley glaciers originating in a regional icecap centered over the interior of Kodiak Island extended down the Russian River and Sargent and Salonie Creeks eroding deep steep -sided U- shaped glacial valleys that dominate the topography of the regional planning area. At the glacial maximum (- 20 thousand years ago) these outlet glaciers extended far offshore, but as the ice receded it left a discontinuous blanket of clay rich till (ground moraine), and on the valley walls a series of small recessional moraines. Because of its high clay content the till has very low permeability and thus is in general poorly drained. As the glaciers receded into the island's interior cobble and boulder outwash was deposited along the lower margins and on the floors of the lower reaches of the Sargent Creek, Russian River, and Salonie Creek valleys. Following deglaciation additional course fluvial cobbles and gravels were deposited over the outwash. In the lower parts of the Russian, Sargent, and Salonie Creek valleys these glacio- fluvial and fluvial gravels are from 10 to more than 100 feet thick. They constitute a significant economic gravel resource. These glaciofluvial and fluvial valley fills are highly permeable and contain the major ground water aquifer in the planning area. Womens Bay Comprehensive Plan Update P8Z Commission Approved Draft 8 December 2006 Following deglaciation about 14 thousand years ago, the regional planning area has been repeatedly blanketed by thin layers of air fall volcanic ash from the Alaska Peninsula volcanoes. The thickest and most recent of these is the 1912 Katami ash, which locally is as much as several feet thick. These volcanic ashes are generally very fine grained and clay rich. Except in the valley bottoms where thick fluvial sediments are present, the volcanic ashes constitute the principal component of the local soils. The ash -rich soils range from less than a foot thick on steeper slopes to as much as 6 to 8 feet thick on flat terrain. The ash -rich soils are moderately permeable and in most places where they overlay impermeable rock or till they form perched aquifers which are commonly poorly drained. Except in the valley bottoms these sediments provide the only site for leach fields for septic systems. These perched aquifers contribute to the high incidence of failed septic systems in the planning area. When disturbed, the ash - rich soils are highly erodable. Thin sandy and silty marine and beach sediments and fine - grained organic rich marsh sediments are present along the margins of Womens Bay. Low -lying sand and gravel delta sediments occur at the mouths of the Russian River, extending approximately'/ mile upstream, Sargent Creek, extending about % mile upstream and Salonie Creek. These sediments are highly erodable, compressible, and have low bearing capacity. Geologic hazards in the planning area include a very high seismic potential common to the northeastern Kodiak region. No active faults have been verified in the regional planning area but several potential active faults have been identified. One of these extends up the Sargent Creek and upper Russian River valleys from Old Womens Mountain and another traverses the western part of the planning area from Mount Erskine to Center Mountain. A seismically induced liquefaction potential is present in fine- grained near -shore sediment marginal to the bay. A high tsunami inundation and moderate subsidence potential exists in low -lying areas along the margin of Womens Bay and in the lower -most parts of the Russian River, Sargent and Salonie Creek valleys. Significant flood hazards are present in the Russian, Sargent, and Salonie Creek valley bottoms and locally along some reaches of tributary streams. Locally severe erosion potential associated with the highly erodible ash -rich soils is present on slopes throughout the regional planning area, especially where the vegetation covering the soils is disturbed. In places where runoff from soil erosion or excavation sites reached streams, it constitutes a surface water siltation hazard. Bank erosion hazards are high along the lower reaches of the Russian River and some sections of the lower reaches of Sargent and Salonie Creeks. Snow avalanches are common on steep slopes at higher elevations. Landslide potential is moderate to high on steeper slopes and where large over - steepened cut slopes are excavated. The shallow perched aquifers locally represent a significant potential for shallow ground water contamination, especially where septic systems introduce sewage into thin poorly drained soils situated on impermeable till or rock. Except for tsunami hazards, no geologic hazard mapping has been done in the planning area. The preparation of geologic hazard maps for the core part of the planning area is greatly needed. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 9 December 2006 Map 4 depicts the geology of the Womens Bay Community. The following describes the different types of geological formations shown on the map. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 10 December 2006 1 J N i 1 N 1 J - = 2 O a 0) Y mi E 2 U E p U Soils Although a report of a formal soil survey of northeastern Kodiak Island was published by the United States Soil Conservation Service in 1960, the survey did not include most of the Womens Bay planning area. However, soils in the planning area are in general similar to those in adjacent parts of the island with similar topography, geology, and climate. In general, soils in the planning area can be divided into two groups: 1) upland soils in the mountainous portions of the area, and 2) soils at low elevations on flat or gently sloping ground in the lower parts of Sargent, Russian, and Salonie Creek valleys The upland soils are commonly thin, ranging from a few inches to a few feet thick. These soils have silt loam and sandy silt loam textures. On steep slopes the soils are mixed and commonly contain abundant pebbles and cobbles derived from the underlying rock. On gentle sloping or flat ground the upland soil is commonly stratified with sandy and silty volcanic ash layers up to several inches thick inter - layered with the silt loam. The upland soils are moderate to well drained and highly erosive where the vegetation cover is disturbed. The lowland soils in the planning area are predominately silt loams that range between two and five feet thick. These soils also contain layers of volcanic ash up to several inches thick. The soils are strongly acidic (Ph 4.7 to 5.4) and have low to moderate natural nutrient values. The lowland soils are poorly to moderately drained and where the vegetation cover is disturbed they are readily eroded. Climate Kodiak Island is located in the Maritime Climatic Zone, which is characterized as having cool summers and mild winters. The Womens Bay area receives an average annual precipitation of fifty inches and this includes seventy -five inches of snow. The average wind speed is from the Northwest at 8.7 knots per hour. Kodiak has an annual rate of 8860 degree heating days and 1575 growing degree -days with 148 average annual frost free days. The prevailing wind for the Womens Bay area is West/Northwest, which brings moist air from the ocean, and is especially prevalent during the fall and spring seasons and occasionally during the summer months. In the winter, Northwesterly winds bring cold -dry air into this Kodiak area while Southeasterly and Southwesterly wind bring warmer, moister air to the area. Westerly winds, occurring predominantly in the summer months, bring clear weather. The wind velocity for Kodiak has been recorded on occasion to be as high as eighty miles per hour or more. Vegetation The types of vegetation found in the Womens Bay area range from eelgrass located in the wetland areas along the shoreline to hardier grasses, which dominate the dryer, lowland areas and surrounding hillsides. Cottonwood trees and Alders are also prevalent in the lowland areas, particularly along the drainage systems of the area. A Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 12 December 2006 few Sitka Spruce are also found in the area but these trees are more often found on the Northeastern shores of Kodiak Island. The predominant types of vegetation found in the developed areas of Womens Bay are deciduous Cottonwood, Alder and Black Birch trees along with low -lying shrubs. Wetlands Descriptions Wetlands are lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered in shallow water. For purposes of this classification, wetlands must have one or more of the following attributes: (1) at least periodically, the land supports predominantly hydrophytes, (2) the substrate is predominantly undrained hydric soil, and (3) the substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year. Map 5 depicts the types of wetlands and uplands found in the Womens Bay Community. The wetlands information was taken from the National Wetlands Survey complied by the United States Fish & Wildlife (Updated 2003). The following is a description of each of the wetland types found on the map, as well as definitions provided by the National Wetlands Survey. Estuarine System: Consists of deepwater tidal habitats and adjacent tidal wetlands that are usually semi enclosed by land but have open, partly obstructed, or sporadic access to the open ocean, and in which ocean water is at least occasionally diluted by freshwater runoff from the land. Subsystems: Subtidal -The substrate is continuously submerged. Intertidal -The substrate is exposed and flooded by tides. Classes: Rock Bottom, Unconsolidated Bottom, Aquatic Bed, Reef, Streambed, Rocky Shore, Unconsolidated Shore, Emergent, Wetland, Scrub -Shrub Wetland, Forested Wetland. Riverine System: Includes all wetlands and deepwater habitats contained within a channel, with two exceptions: (1) wetlands dominated by trees, shrubs, persistent emergents, emergent mosses, or lichens, and (2) habitats with water containing ocean derived salts in excess of 0.5% Subsystems: Tidal - the gradient is low and water velocity fluctuates under tidal influence. Oxygen deficits may sometimes occur and the floodplain is typically well developed. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft Lower Perennial - The gradient is low and water velocity is slow. There is no tidal influence, and some water flow throughout the year. The substrate consists mainly of sand and mud, oxygen deficits may sometimes occur, and the floodplain is well developed. Upper Perennial - the gradient is high and water velocity is fast. 13 December 2006 Classes: Subsystems: None. Classes: Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft There is no tidal influence and some water flows throughout the year. The substrate consists of rock, cobbles, or gravel with occasional patches of sand. Oxygen concentration is normally near saturation, and there is very little floodplain development. Intermittent -In this subsystem, the channel contains flowing water for only part of the year. When the water is not flowing, it may remain in isolated pools or surface water may be absent. Rock Bottom, Unconsolidated Bottom, Aquatic Bed, Streambed, Rocky Shore, Unconsolidated Shore, and Emergent Wetland (non persistent). Palustrine System: Includes all nontidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean - derived slats is below 0.5 %. It also includes wetlands lacking such vegetation but with the following characteristics: (I) area less than 20 acres; (2) active wave formed or bedrock shorelines features lacking; (3) water depth in the deepest part of basin less than 6.6 ft at low water; and (4) salinity due to ocean derived salts less than 0.5 %. Rock Bottom, Unconsolidated Bottom, Aquatic Bed, Unconsolidated Shore, Moss - Lichen Wetland, Emergent Wetland, Scrub -Shrub Wetland, and Forested Wetland. 14 December 2006 1• • • . 1:1 • M 1111111 Fish and Wildlife Fish and wildlife are abundant in the Womens Bay area, as is the case throughout the entire Kodiak Archipelago. The types of fish found in the salt water areas of Womens Bay are numerous and include the following species: Pollock, Cod (Pacific and Black), Ocean Perch, Halibut, all types of Salmon, Shrimp, Flounder and Crab (King, Tanner and Dungeness). Wildlife species found in this area are quite numerous and include Sitka Blacktail Deer, Ptarmigan, fox, weasel, snowshoe hare, land otter, vole, feral rabbit, red squirrel, waterfowl of different species, American Bald Eagles, numerous Seagulls and other birds. Kodiak Brown Bear and Mountain Goat also frequent this area. Womens Bay has also been known to be inhabited by Sea Otters, Sea Lions and an occasional Harbor Seal. The freshwater fish found in the lakes and rivers in the area include Dolly Varden and Rainbow Trout. During salmon spawning season several species of salmon are known to inhabit the numerous streams and rivers in this area, regardless of how small the water source appears. Sport fishing and game hunting have always been major activities in this area. This is largely due to the abundant waterways available to the fish and because the area's development has not reached a magnitude which would force the land mammals out of the area. The 1982 WBC Plan documented the existence of beaver lodges in the Lake Orbin area at one time. Map 6 depicts the Anadromous Water Bodies within the Womens Bay Regional Planning Area. The following is an abstract from the Alaska Department of Fish and Game (ADF &G) describing the source of the data contained in ADF &G's database. Anadromous streams coverage is derived from the ADF &G's GIS coverage for the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes (referred to as the "Catalog") and the Atlas to the Catalog of Waters Important for Spawning, Rearing or Migration of Anadromous Fishes (referred to as the "Atlas "). It is produced for general visual reference and :to aid users in generating various natural resource analyses and products. The coverage depicts the known anadromous fish bearing streams within Alaska (from the mouth to the known upper extent ot&species usage). ADF &G updates the anadromous streams coverage regularly. Data for the coverage is current_ as of the 1998 revision of the Atlas to the Catalog of Waters Important for the Spawning, Rearing or Migration of Anadromous Fishes and the Catalog of Waters Important for the Spawning, Rearing or Migration of Anadromous Fishes effective February 6, 1999. - ADF&G Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 16 December 2006 ) r D. Service Area The Bells Flats- Russian Creek Service Area was established in 1975 and encompasses the following area: Tract A and Tract B of Bells Flats Alaska Subdivision According to plat filed in Kodiak Recorder's Office on June 12, 1969. Plat No.69 -4. Serial No.69 -684. Bells Flats Alaska Subdivision According to Plat filed in Kodiak Recorder's Office on June 12, 1969, Plat No. 69 -4, Serial No. 69 -684. Russian Creek Alaska Subdivision According to Plat filed in Kodiak Recorder's Office on February 24, 1969, Plat No. 69 -1, Serial 69 -201. Alaska State Land Survey 72 -11, According to Plat Approved August 18, 1972, Plat No. 72 -10, filed in Kodiak Recorder's Office on September 29, 1972. A parcel of land located adjacent to the Bells Flats Alaska Subdivision, Plat 69- 04, filed in the Kodiak Recording Office containing 18.14 acres more or less by KIB Ord. 93 -50. This service area in Womens Bay is referred to as Womens Bay Service Area and includes both the fire service and road service areas. The service area is managed by an elected service area board of members per KIBC 4.50. The latest Womens Bay Water and Wastewater Facilities Plan was written in 1991. Chapter 5 of the plan regarding future water and wastewater needs and proposals has been added to the Appendix of this document for information purposes. E. Public Facilities Most of the homes in the Womens Bay core planning area use individual wells and septic tanks, and are fully plumbed. Electricity is provided by Kodiak Electric Association. There are no state operated schools located in the community. School -aged children within the community attend the Peterson Elementary School, KIB Middle School and KIB High School. At one time there was an area within the Womens Bay community reserved for a school. Local hospitals or health clinics include Kodiak Providence Hospital. Auxiliary health care is provided by Kodiak hospitals. Panamaroff Creek Park is a small neighborhood park with miscellaneous playground equipment and a bus shelter for local children. The neighborhood maintains flowers at the facility. Sargent Creek Park is the Borough land, zoned public use, Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 18 December 2006 adjacent to Womens Bay Firehouse. No developed facilities or plans for park development are identified at this time. The Womens Bay Firehouse (located on Sargent Creek Road) is used for volunteer training, community meetings and storage of emergency - related equipment. The facility is also considered a primary location for community-type events such as Womens Bay Community Council (WBCC) meetings. Additionally, the Womens Bay Firehouse serves as local emergency services' responder and emergency shelter for the Womens Bay community. The KIB maintains approximately 4 -5 solid waste trash dumpsters at two sites in the community, one along South Sargent Creek Road and the second on Russian Creek road at the entrance to the Womens Bay subdivisions. During 2004, and with the support of residents of Womens Bay, the KIB Department of Engineering and Facilities investigated a grant to provide a transfer station and recycling center to be located in a central location in the Womens Bay community. To date, the project has not been funded. F. Transportation Access Details Womens Bay, accessible by West Rezanof Drive from the northeast and the Chiniak Highway from the east, is 8 miles from Kodiak. Commercial airline services, ferry access, and boat harbors are therefore nearby in Kodiak. Other feasible escape routes in case of an earthquake or tsunami should also be researched and identified. G. Natural Use Areas A Natural Use Area (NUA) zoning district, covering both Borough and State land, was established by KIB Ordinance No. 89 -05 -0 in 1989. In 1997, an effort was undertaken to plan for existing and future land uses on Borough -owned land in the Womens Bay Natural Use Area (WBNUA). A first draft of a planning document titled Womens Bay Natural Use Area Plan (1997) was prepared. The stated objective of the draft plan was "to establish uses that were consistent with the intent of the zoning district, which is to protect trails on public land, protect waterways and their banks and discourage development by prohibiting the construction of most structures in this zoning district ". ( Womens Bay Natural Use Area Plan, 1997) The draft plan was never finalized or formally adopted by the KIB. The State of Alaska -owned property within the greater Regional Planning Area that is zoned Natural Use is approximately 4,336 acres. The KIB -owned property within the greater Regional Planning Area boundary that is zoned Natural Use is approximately 726 acres (1.1 Square Miles). Together, the Womens Bay Natural Use Area (hereafter the Jack and Lee Lakes Natural Use Area) totals more than 5000 acres of property that was zoned Natural Use in 1989. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 19 December 2006 H. State of Alaska Area Plan The State of Alaska Department of Natural Resources prepared the Kodiak Area Plan for State Lands Public Review Draft (November2003) that was adopted on December 20, 2004 by the Commissioner of the Department of Natural Resources (DNR). The plan establishes land use designations, management intent and guidelines for approximately 3.9 million acres of state land within the KIB. The adopted plan consists of the Public Review Draft (November 2003) and the Approved Revisions to the draft found at: htto: / /www.dnr. state. ak. us /mlw /planning /areaplans /kodiak. In adopting the plan, the Commissioner has also approved Land Classification Order SC -04 -001. The date of issuance of these decisions was January 3, 2005. The state lands included in the Kodiak Area Plan in the Womens Bay Regional Area are depicted on the following maps as areas K -36, K -37, K -38, K -39 and K -72. The adopted designations for each of the areas are described below. t „Ault sp . aragraummiteri:211 Wad State Area Plan Designations Map 7. State Area Plan - WBC Area K -36 Elbow Mountain /Kizhuyak Bay Drainage: This area has been designated as Dispersed Recreation in its central and eastern parts, essentially coinciding with the area affected by the Natural Use zoning of the KIB. This zoning district limits most forms of development. The remainder of the parcel is designated as General Use, and managed for multiple uses. K-37 Salonie Creek: This area has been designated as Dispersed Recreation in its northern and western parts, essentially coinciding with the area affected by the Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 20 December 2006 Natural Use zoning of the KIB. This zoning district limits most forms of development. The remainder of the parcel is designated as General Use, and managed for multiple uses. K -38 Raymond Peak: This area immediately adjacent to the Kodiak Highway is designated Settlement and may be appropriate for disposal /development during the planning period, although immediate use of the parcel does not seem likely given other available land closer to the City of Kodiak. The remainder of the parcel is designated as General Use. Development in this area is not likely given its steep topography. K-39 Mayflower Creek: This area immediately adjacent to the Chiniak Highway is designated Settlement (west of highway) and Dispersed Recreation (east of highway) and may be appropriate for disposal /development during the planning period, although immediate use of the parcel does not seem likely given other available land closer to the City of Kodiak. Disposals or development authorizations should protect the two anadromous streams. Map 8. State Area Plan - Sargent Creek Wth Its Stec .4 M.d •y, dI'4 rx r4 Nrr PK1ni, ad •fs Py t phial r Tot-Lag Prvv daryi•4 [Ni K -72 Sargent Creek: If this state selected parcel is conveyed from the federal government, the state intends to manage it for public recreation purposes (Designation is Dispersed Recreation). Development authorizations are to be limited to those required for public safety purposes or for recreational management. Parcel is proposed to be retained in public ownership. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 21 December 2006 I. Gravel Operations Gravel mining operations in Bells Flats started in 1965. In a memorandum from Mike Brechan, of Brechan Enterprises, Inc. to the KIB Assembly, dated May 5, 1978, Mr. Brechan stated the following: "Our sand and gravel operations began on Upper Sargent Creek in 1965. We had made application on the tract we presently occupy on parcel P -I to the Bureau of Land Management in 1966 which evolved to the (KIB) ordinance allowing us to lease that area from the Borough for the purpose of gravel production and our facilities for the hot plant. At the time of the inspection of the lease, the Borough recognized the need to supply a source of raw material for development in this community and it was my understanding that the lease fees and gravel charges were basically set up to cover the Borough's administrative cost for handling the leases, although the Borough recognized that gravel in its native form had some value. The original value placed on this material was 25 cents per cubic yard" Brechan Enterprises, Inc. currently operates an asphalt and gravel mining operation at Bells Flats, under permits from the Kodiak Island Borough. The asphalt operation is located on a parcel owned by Brechan Enterprises. Four other parcel tracts, B -1, B -2, B -3 and B -4 totaling approximately 75 acres, are currently under lease from the KIB, and expire in 2007. During 2004, Brechan Enterprises, Inc. had Northern Economics Inc. prepare an economic impact study of their operation in the Womens Bay. Copies of the study, Brechan Enterprises: Moving Cost Estimates, Economic Contribution to Kodiak, 2004 are available from the Brechan Enterprises' website at www.brechanenterprises.com. Since the initiation of gravel mining and processing on the B tracts in the Core Planning Area in 1965 Borough lands adjacent to the B tracts have been transferred through the land disposal process to private ownership and zoned residential (RR1). Development of this land for residential purposes has generated land use conflicts. In May 2006 the Assembly appointed a Gravel Task Force to investigate and report on [1] existing gravel sites, and [2] potential future gravel sites, and [3] estimated community need for gravel in future years, and [4] recommend policies to the Planning and Zoning Commission and the Assembly for the orderly development and long term availability of gravel and earth materials resources. The Gravel Task Force is continuing with this work. A semi - annual report summarizing the findings of the Task Force is included in the Appendix. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 22 December 2006 J. Land Based Classification Standards Land -Based Classification Standards (LBCS) provide a consistent model for classifying land uses based on their characteristics. The LBCS approach for the WBC Plan maps has been utilized to achieve the following: a. Collecting current land -use data for the Womens Bay planning area. b. Applying consistent land use classifications so that the products and data may be shared between multiple users. c. Rendering land use information for visual representation and analysis through the use of standard color classifications. d. Documenting land -use data for future updating and tracking of land use changes. e. Organizing land use data so that vacant parcels can be identified and analyzed for their potential for development based upon current zoning classifications. The LBCS standards are based on a multi - dimensional land -use model. For local planning purposes, LBCS calls for classifying land uses in the following dimensions: activities, structure type, and site development character. LBCS Activity Activity refers to the actual use of land based on its observable characteristics. It describes what actually takes place in physical or observable terms (e.g. farming, shopping, manufacturing, vehicular movement, etc.). An industrial activity, for example, refers only to the physical activity on the premises, which could apply equally to a manufacturing facility or industrial facility. Similarly, residential uses in single - family dwellings, multi - family structures, manufactured structures, or any other type of building, would all be classified as residential activity. LBCS Activity - Activity Definitions: Residential: Includes activities that occur in all types of residential uses, structures, ownership characteristics, or the character of the development. Shopping /Business: This category captures all uses that are business related. It is a catch -all category for all retail, office, commercial, and industrial activities when the subcategories are either too specific or otherwise unknown (as in comprehensive plan designations). Industrial /Manufacturing/Waste Related: All manufacturing, assembly, warehouse, and waste management activities. Institutional /Social: This category is for all institutional activities. This broad Womens Bay Comprehensive Plan Update P8Z Commission Approved Draft 23 December 2006 category may also be used for land -use designations in comprehensive and general plans. Leisure: This is a catch -all category for classifying all forms of leisure activities. It includes the customary active and passive kinds of leisure activities although such distinctions are difficult to define. Natural Resources: This category relates to natural resources related activities. Unclassifiable: This category is used as a temporary placeholder for activities that cannot be grouped anywhere until the classification scheme is updated. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 24 December 2006 1 1 1 1 1 1 9 1 \ \\ 1 LOU N N v c o d L o U w 8 o a c U LBCS Structures Structure refers to the type of structure or building on the land. Land use terms embody a structural or building characteristic, which suggests the utility of the space (in a building) or land (when there is no building). Land use terms such as single - family house, office building, warehouse, firehouse, or highway also describe structural characteristics. LBCS Structures — Structure Definitions Residential: Includes single family, duplexes, manufactured housing, and multi- family and eight -unit dwellings. Commercial: Structures that are used primarily for commercial, warehouse or storage or warehousing. Fire and Rescue Station: The existing WBC Fire and Rescue Station. Utility: Includes parcels with established use but no existing structures. Accessory Structures: This category groups structures that are used as sheds, farm buildings or agricultural facilities, livestock facilities and stables and equine facilities. Vacant Property: Designated with no structure. Unclassifiable: Includes all structures that cannot be included elsewhere. This category is intended as a temporary status until appropriate structure classification can be established. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 26 December 2006 IUUUUIllII UUU J I 1 fr - 1[ I 4 OMNI '\ Mt% 0) c • CI E f0 C UI ' In U Q CC U N . o $ N 0 N 8 QZ Ua U LBCS Activity and Structures — Vacant Properties Site development character refers to the overall physical development character of the land. It describes "what is on the land" in general physical terms. For most land uses, it is simply expressed in terms of whether the site is developed or not. LBCS Vacant Properties Map 11 LBCS Vacant Properties, represents a combination of Womens Bay core area parcels currently identified through the KIB Assessor's database as vacant, and those parcels with either an accessory building or gear storage shed located on them (minor structural development), but no primary existing residential development. These parcels are considered to represent the total number of parcels remaining in the core planning area that are available for future development and fall into two land use types: Rural Residential and Business. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 28 December 2006 1 1 1 �i w 'J- 4 C ��0� aZ 0 'C U N U 1.0 as N U L N V U m L = • CHAPTER 3. DEVELOPMENT PATTERN Section I. Community Preferences to Planning Issues The Kodiak Island Borough held an Open House on May 10, 2004, at Peterson Elementary School from 6 p.m. to 9 p.m. Approximately 50 people attended the Open House. The results for each alternative were computed by calculating the percentage of responses for each preference from Do Not Support through No Opinion. If a question was left blank, it was scored under the No Opinion column. (Complete survey is available in the appendix) 1. Land Use Issues Lands in the immediate WB community area are currently zoned industrial, business, rural residential (RR1), public use, conservation and natural use. 2. Natural Use Area A Natural Use Area ordinance was adopted in 1989 and portions of both Borough and State land in the Womens Bay Regional Planning Area were zoned Natural Use in 1989. An initial plan for the area was drafted in 1997, the Womens Bay Natural Use Area Plan, but it was never finalized, reviewed or adopted by the Borough Planning & Zoning Commission and Assembly. 3. Incorporation of the Womens Bay Community as a second -class city. The 1982 Womens Bay Comprehensive Plan considered the incorporation of Womens Bay into a second -class city. 4. Gravel Material Sources and Extraction Gravel mining operations in Bells Flats started in approximately 1965. Brechan Enterprises, Inc. currently operates an asphalt batch plant on land owned by Brechan Enterprises, Inc. along Sargent Creek Road, and gravel mining extraction operations in upper Bells Flats, under permit from the Kodiak Island Borough. The four tracts, B -1, B- 2, B -3 and B-4 total approximately 75 acres. These four tracts are leased from the Kodiak Island Borough, and the lease expires in 2007. Gravel material is a critical Borough -wide need for roads and other forms of construction on Kodiak. 5. Public Health /Safety and Environmental Issues The WB residential community has experienced fluctuating growth patterns during the last 10 years. There are concerns related to public health and safety, such as adequate clean water and areas for current and future waste disposal. There are also environmental concerns such as water quality, ATV impacts, impacts from farm animals, close proximity of existing septic systems, erosion associated with Russian River and Sargent Creek drainages, and potential industrial pollution from former and existing industrial activities to name a few. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 30 December 2006 SECTION 2. DEVELOPMENT ALTERNATIVES In most planning endeavors there are alternative ways that growth and development may occur. The future growth and development of the Womens Bay area is no exception. This section identifies three alternative development patterns that could occur within the Womens Bay area and evaluates each relative to the issues raised and established in prior sections of this plan. This analysis resulted in the identification of a preferred development pattern that is discussed in greater detail in Section 3 of this chapter and that forms the basis for the implementation program described in Chapter 5 of this plan. Continuation of Existing Trends (No Action Alternative) This alternative continues the existing development trends for the Womens Bay area. The characteristics of this trend include little or no new residential subdivision or construction within the community, very limited non - residential development, very limited public investment in infrastructure maintenance and expansion, limited public policy support for zone changes and development proposals, and limited opportunities for community participation in guiding future growth and development of the Womens Bay area. Continuation of existing trends fails to achieve many stated public policy objectives and public investment expectations. This development alternative fails to promote the preferred development pattern that the community survey results indicate, fails to provide for continued viability of the rural community, and fails to provide a proactive role for the public in the revival of the community. This alternative provides few opportunities for property owners to achieve their visions of gaining returns on investments due in part to a lack of public support for needed infrastructure and continued uncertainty associated with the success of development proposals. Dispersed Suburban Growth Pattern This alternative establishes a development pattern that disperses expanded growth throughout the entire community fueled by extension of public infrastructure and greater public policy support for zone changes and development proposals. This pattern may be best described as one in which the public plays a role through investment in roads, sewers, waterlines, provision of fire protection and law enforcement, but with little to no authority to manage the location or type of growth occurring within the community. While this trend addresses the issue of encouraging additional growth within the rural community, it fails to address the preferred development pattern that the community survey results indicate and may compromise a number of private investment expectations. This development alternative undermines the traditional development pattern of the community, fails to enable wise management of public fiscal resources, minimizes the ability to protect the natural environment and fails to capitalize on existing public and private investments. This alternative creates an environment where conflicts between incompatible land uses may become more common, thus undermining property values and infringing upon residents quality of life and on some property owners' ability to continue rural activities. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 31 December 2006 Compact Rural Neighborhood Based Pattern This alternative establishes a pattern that promotes limited expanded growth and development in and around the main core areas of the community through the provision of public infrastructure and strong public policy support for zone changes and development proposals that are consistent with the support of the traditional rural residential development pattern. Further, this pattern envisions a strong role for community members in guiding the future growth and development of the community. This trend increases the public's role in managing future growth and development and therefore limits the opportunities of some property owners. However, it is consistent with most of the preferred development pattern that the community survey results indicate, with the goals and strategies identified in this plan and supports the majority of private investment expectations. Further, this development pattern enables wise management of limited public fiscal resources, protects the natural and man -made environment, capitalizes on existing public and private investments, promotes growth and development within the rural community, and promotes a development pattern that is neighborhood- focused. Through the active participation of community members in the implementation of this development pattern, limited expansions of development areas and as needed changes can readily be accommodated as appropriate and necessary. It is this development pattern that has been selected as the most appropriate for the Womens Bay community. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 32 December 2006 SECTION 3: PREFERRED DEVELOPMENT PATTERN As stated in the previous section of this Chapter, the development alternative that best adheres to the guiding principles as stated in the comprehensive plan and in this plan is the compact rural neighborhood based pattern. The following information provides more detail on the characteristics of this preferred development pattern. Spatial Pattern (See Recommended Land Use Map) The preferred development pattern: Expands upon the traditional development pattern Separates rural residential areas from industrial areas with a discernible edge and buffer area Ensure that zoning districts are appropriate for an area that require on -site water and wastewater systems Residential areas contained within the community should continue to grow at very low densities, allowing rural residential and agricultural opportunities in the areas surrounding the existing developed areas. Infrastructure extensions into the rural areas should be limited to those addressing health and safety issues such as replacement of failing on -site wastewater treatment systems and provision of public drinking water. Neighborhood Pattern As the need for additional land becomes evident, new acreage should be added within the existing core areas, taking care to avoid environmentally sensitive areas and to continue to replicate the neighborhood pattern discussed within this section of the plan. Further, this avoids concentrating the land designated for residential development with one or two property owners. Land located within the community that is constrained with significant natural features such as floodplain and wetlands should be placed within a rural conservation designation. These areas should not be further subdivided or developed. Lands located outside of the Womens Bay core planning area should continue to be rural in character. Infrastructure extensions into these areas should be very limited if made at all. The Jack and Lee Lakes Natural Use area should be maintained in its entirety in a natural state and use restricted to activities that do not degrade its natural and wild character. Neighborhoods should remain large in scale, expand upon the traditional development pattern, be physically linked to other neighborhoods and to the two existing cores of the community via pathways, streets, etc., and contain a mix of uses where practical, with a continued emphasis on single family residences. Further, this pattern should include streets that are designed to serve the adjoining residences. Other features found within these neighborhoods should include connections into the trails network and shallow yard setbacks. Lot sizes should be kept to one acre or larger if needed to insure on site septic systems will function properly and not in the long term impair local ground water. Womens Bay Comprehensive Plan Update P8Z Commission Approved Draft 33 December 2006 Business /Industrial Pattern The preferred development pattern continues to focus new business development in areas that have traditionally served such a purpose, though in an improved physical arrangement and a renewed emphasis on design and development standards. The community's business center will continue to be the area along Chiniak Highway. This area has traditionally focused on automobile oriented business activities such as gas stations, restaurants, convenience stores and limited retail business. This focus should continue, though over time, a mix of uses including office and professional services should be introduced in a well planned manner. Access management and design and development standards should be given a high priority as development and re- development occurs. A renewed interest in building design, building placement, lighting, landscaping, and signage is necessary to promote a more positive and aesthetically pleasing entrance into the Womens Bay community. Other business activities may be accommodated in a second location. This area should offer neighborhood services such as day care that are small in scale and compatible to the surrounding residential uses. Basic employment opportunities in such activities as resource extraction will continue to be accommodated but in new locations outside of the immediate residential area. This recommendation is based on indications of existing conflicts between industrial uses and residential uses in the Core Plan Area. Existing industrial uses in the Core Planning Area should be phased out as opportunities for the relocation of such activities become available. Leases of Borough owned land for private industrial uses including gravel extraction should be granted for minimum duration terms, in the Core Planning Area. If existing industrial activities, including gravel extraction on Borough leased land are continued, lease agreements will contain operation stipulations to minimize impacts on near -by residential areas including limitations on hours and days of operation and permitted activities, No new industrial activities will be permitted in the Core Plan area. Industrial zoning will be permitted in areas of the Regional Planning Area outside of the Core Planning Area if such zoning is approved through the Borough zoning process. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 34 December 2006 Chapter 4. Goals and Objectives Goals are general achievements that the community wishes to accomplish in the future. Goals provide guidance for developing objectives. Objectives are specific and achievable projects in support of a goal. Land Use Goal: Guide the use of land in the Womens Bay planning area in a manner that provides for orderly and compatible community and regional growth. Goal: Maintain the rural residential setting of the Womens Bay Community. Objectives: a) Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). b) Platted roads should be developed to Borough code prior to land sales. c) Support a centralized business and office use areas that follow the existing development pattern. Goal: Minimize conflict between different land uses within the Womens Bay Area. Objectives: a) Create a buffer zone between existing industrial and residential use areas. b) Develop light and noise standards for non - residential uses. c) Provide viable land uses for the Salonie Creek Area, including the feasibility of future recreational or resource extraction uses. Goal: Identify and designate areas for public access in Womens Bay. Objectives: a) Provide an area for public launch sites for skiffs and small pleasure craft. b) Provide public access to the shoreline for recreational purposes including skiffs and small pleasure craft. c) Support the KIB Parks and Recreation Committee's efforts to provide transportation trails for motorized and non - motorized vehicles (i.e. ATV trails, foot paths, bike paths, horse trails, etc.) in the planning area. d) Develop transportation trails for non- motorized vehicles (i.e. foot paths, bike paths, horse trails, etc.) Goal: Guide gravel material sources and extraction operations in the Womens Bay planning area that is mutually beneficial to residents and industry. Objectives: a) Conduct an industrial and resource extraction future needs analysis and site capability analysis to determine KIB land use supply and demand. b) Transition the location of industrial and gravel uses out of the immediate Womens Bay Comprehensive Plan Update P82 Commission Approved Draft 35 December 2006 residential area. c) Regulate hours and days of operation and permitted activities to minimize conflicts with adjacent residential areas as provisions in lease agreements. Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area . Objectives: a) Change the area's name to Womens Bay Park or Jack and Lee Lakes Natural Use Park to help identify the area to Borough residents and visitors. b) Develop a park, trails, and recreation plan for the Jack and Lee Lakes Natural Use Area. Public Health /Safety and Environment Goal: Minimize development in environmentally sensitive area. Objectives: a) Maintain a high quality natural environment within the planning area. b) Rezone portions of the B Parcels to public use, natural use, or conservation areas zoning classification or possible residential use. c) Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. d) Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Goal: Ensure adequate public services for the Womens Bay planning area. Objectives: a) Identify and prioritize needed road improvement projects in the WBC. b) Provide better fire service in the planning area. c) Addresses problems associated with private water /sewer systems. d) Provide an upgraded emergency evacuation shelter and support emergency procedures education. e) Support positive bear management practices as described in the Kodiak Archipelago Bear Management Plan. f) Designate a suitable location for a community cemetery. g) Designate a suitable location for a community school. h) Improve waste collection and disposal — Provide a transfer station and recycling center to be located in the core area. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 36 December 2006 Action Funding Source KIB Lead Time Frame Evaluate the need for a KIB zoning and subdivision code amendment that would address future lot sizes in the planning area based on natural constraints such as slope topography, soil and water availability and other conditions. KIB P &Z Comm., Community Development Short-Term Minimize development in rivers and creek flood plains, tsunami surge zones or at the bases of unstable quarry or mountain sides. KIB Private P & Z Comm., Community Development, Assessing On -going Chapter 5. Plan Implementation Action: Identification of the specific task to be accomplished. Funding Source: Identification of possible funding sources to accomplish the task. Lead Department/Entity: Which KIB entities and /or Departments will lead if the action is pursued. Time Frame: What period could be estimated to accomplish the action. Ongoing means the action should be continually a priority for the KIB. Short term means the action could be accomplished with one year; mid -term means two to five years and long term means it would take over five years to accomplish the task. Land Use Goal 1. Maintain the rural residential setting of the Womens Bay Community. Objective: Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). Objective: Platted roads should be developed to Borough code prior to land sales. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 37 December 2006 Fu KIB Leath Time Frame, Evaluate the need for a KIB zoning and subdivision code amendment that would address new road improvement standards. KIB P &Z Comm., Community Development Short-Term Chapter 5. Plan Implementation Action: Identification of the specific task to be accomplished. Funding Source: Identification of possible funding sources to accomplish the task. Lead Department/Entity: Which KIB entities and /or Departments will lead if the action is pursued. Time Frame: What period could be estimated to accomplish the action. Ongoing means the action should be continually a priority for the KIB. Short term means the action could be accomplished with one year; mid -term means two to five years and long term means it would take over five years to accomplish the task. Land Use Goal 1. Maintain the rural residential setting of the Womens Bay Community. Objective: Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). Objective: Platted roads should be developed to Borough code prior to land sales. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 37 December 2006 Action Funding Source KIB Lead Time Frame Research the feasibility and location of future gravel extraction operations in the Salonie Creek area. KIB Industry P &Z Comm., Community Development Short-Term Determine the management and future land uses of Borough -owned land in the Salonie Creek area, including the existing rifle range, to resolve any existing or future land use conflicts. KIB Private P& Z Comm. Community Development, KIB Parks and Recreation Committee Short-Term Investigate the feasibility of gravel extraction projects in the Russian River and Sargent Creek areas that address multiple management objectives including material extraction, habitat enhancement and floodplain improvements. KIB Native Organizations Industry DNR ADF &G Assembly, P & Z Comm., Community Develop Assessing Mid -Term Action Funding Source KIB Lead , , Time Frame Create buffer zones through rezone procedures between industrial and residential use areas KIB DCED ACMP P &Z Comm., Community Development Short-Term Review and revise the I- Industrial zoning district to reflect more up -to -date standards for regulating industrial uses. The emphasis of this review should focus industrial uses within close proximity to residential uses. KIB P &Z Comm., Community Development Short-Term Action Funding Source KIB Lead Time Frame Research existing KIB ordinances to determine areas where amendments to existing standards would be appropriate. KIB P &Z Comm., Community Develop. Mid -Term Objective: Support a centralized business and office use areas that follow the existing development pattern. Goal 2: Minimize conflict between different land uses within the Womens Bay Area. Objective: Create a buffer zone between existing industrial and residential use areas. Objective: Develop light and noise standards for non - residential uses. Objective: Provide viable land uses for the Salonie Creek Area, including the feasibility of future recreational or resource extraction uses. Goal 3: Identify and designate areas for public access in Womens Bay. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 38 December 2006 Action Funding Source KIB Lead Tints Frame Action Funding Department or Time Frame Source Commission Encourage the KIB Parks and Recreation KIB KIB Parks & Rec Comm.; Short Term Committee and Planning & Zoning NPS P &Z Comm., Community Commission to institute management strategies to eliminate conflicts among competitive recreational uses in the planning area. Develop. Action Funding Source KIB Lead Department or , Commission Tints Frame Encourage the acquisition of private property to provide public access to the shoreline for recreational purposes and to provide areas for public launch sites for skiffs and small pleasure craft. KIB ADF &G KIB Assembly, P&Z Comm., Community Development, Engineering and Facilities On -going Action Funding Source KIB Lead Time Frame Support the KIB Parks and Recreation Committee's efforts to provide transportation trails for motorized and non- motorized vehicles (i.e. ATV's, foot paths, bike paths, horse trails, etc.) in the planning area. KIB NPS KIB Parks & Rec Comm.; P &Z Comm., Community Develop. Short Term Objective: Provide public access to the shoreline for recreational purposes including skiffs and small pleasure craft. Objective: Support the KIB Parks and Recreation Committee's efforts to provide transportation trails for motorized and non - motorized vehicles (i.e. ATV trails, foot paths, bike paths, horse trails, etc.) in the planning area. Objective: Develop transportation trails for non - motorized vehicles (i.e. foot paths, bike paths, horse trails, etc.) Womens Bay Comprehensive Plan Update P8Z Commission Approved Draft 39 December 2006 Action Funding Source KIB Lead" Time Frame Research the feasibility, including opportunities and constraints, of alternative sites within the KIB for material extraction operations and related material industrial operations. KIB Native Org., Industry DNR Assembly, P & Z Comm., Community Develop., Assessing Mid -Term Goal 4: Guide gravel material sources and extraction operations in the Womens Bay planning area that is mutually beneficial to residents and industry. Objective: Conduct an industrial and resource extraction future needs analysis and site capability analysis to determine KIB land use supply and demand. Objective: Transition the location of industrial and gravel uses out of the immediate residential area. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 40 December 2006 Action Funding Source KIi3Lead Time Orame Research land ownership and existing land use on the "slaughterhouse property" KIB DCED ACMP Assembly, P &Z Comm., Community Development Short-Term Identify feasible sites for future material extraction within the Womens Bay planning area. KIB Native Organizatio ns Industry DNR Assembly, P & Z Comm., Community Develop Assessing Mid -Term Determine whether to phase out the current gravel leases on the B Tracts after the current leases expire. Leases should be renewed or new leases issued for minimum duration terms until a suitable alternative extraction site can be developed. Renewal or new lease agreements should specify operation hours, days of operation, and permitted activities to minimize conflicts with adjacent residences KIB Industry Assembly, P & Z Comm., Community Develop., Assessing Review the depth of extraction identified in the current leases and ensure they are consistent with the local habitat need for anadromous water bodies. Assess the feasibility of a future phased development utilizing existing water filled pits for fishery enhancement, and adjacent areas for park designation and possible residential lots post gravel extraction phase out. KIB Industry ADF &G Assembly, P & Z Comm., Community Develop., Assessing Mid -Term Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area. Objectives: Change the area's name to Womens Bay Park or Womens Bay Natural Use Park to help identify the area to Borough residents and visitors. n e rien up P&Z Commission Approved Draft 41 December 2006 i # = y } A ,. - ♦ 3 i cci Research changing the area s name to Womens Bay Park or Jack and Lee Lakes Natural Use Park to help identify the area to Borough residents and visitors. KIB P &Z Comm., Community Develop. Mid -Term Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area. Objectives: Change the area's name to Womens Bay Park or Womens Bay Natural Use Park to help identify the area to Borough residents and visitors. n e rien up P&Z Commission Approved Draft 41 December 2006 Action Funding Source KIB Lead Time Frame Analyze and evaluate the zoning code for the natural use area to determine if a zoning code amendment is necessary. KIB P &Z Comm., Community Develop. Mid -Term Research the KIB subdivision code and other potential mechanisms to provide for community -wide green space and usable public recreational use areas in future subdivisions in the planning area. KIB KIB Parks & Rec Comm., P &Z Comm., Community Develop. Mid -Term Identify and map the approved 17b easements that provide public access through native owned land in the study area. KIB KIB Parks & Rec Comm., P &Z Comm., Community Develop. Mid -Term Investigate the potential for an "off -road vehicle" park or use area in an appropriate location outside of the Womens Bay community and outside of the Natural Use zoning district. KIB KIB Parks & Rec Comm., P &Z Comm., Community Develop. Long -Term Objectives: Develop a park, trails, and recreation plan for the Jack and Lee Lakes Natural Use area. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 42 December 2006 Action Funding Source KIB Lead Time Frame Determine if a zoning code amendment is needed to protect natural resources from potential adverse impacts from boarding of large animals. KIB DCED ACMP P &Z Comm., Community Development Short-Term Provide comprehensive land, air and water policies, uses, and zoning recommendations for the land and waters within the Womens Bay planning area. KIB DCED ACMP State /Feder al agencies. P & Z Comm., Community Development On -going Minimize development in rivers and creek flood plains, tsunami surge zones or at the bases of unstable quarry or mountain sides. KIB Private P & Z Comm., Community Development, Assessing On -going Encourage land owners to seek U.S. Army Corp. of Engineers assistance in cleaning contaminated former military dump sites. KIB DCED State /Feder al agencies. Community Development On -going Develop a solid waste transfer station and recycling center in the Womens Bay Core Area. KIB ADEC Engineering and Facilities, Community Development Long Term Action Funding : Seems : KIB Lead Time.Frame Create buffer zones through rezone procedures between industrial and residential use areas. KIB DCED ACMP P &Z Comm., Community Development Short-Term Public Health /Safety and Environment Goal 1: Minimize development in environmentally sensitive area. Objectives: Maintain a high quality natural environment within the planning area. Objectives: Rezone portions of the B Parcels to public use, natural use, or conservation areas zoning classification or possible residential use. Objectives: Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 43 December 2006 Action_ Funding Source KIB Lead Time Frame Coordinate a multiple organizational management system to protect the Russian River and Sargent Creek drainage areas through the creation of greenbelt. KIB DCED ACMP State /Fed agencies. P & Z Comm., Community Development Mid -Term Support a hydrological study for the Womens Bay drainage as it may have been impacted by the leasing of the B- Tracts. KIB DCED ACMP State /Fed Agencies. P & Z Comm., Community Development Long -Term Action Funding Source KIB Lead Time Frame Encourage and support the WB Service District's identification and analysis of road, water, sewer, and other utility issues and concerns. WB Service District Eng. And Public Facilities, Service District, Community Development Mid Term Investigate the potential for a new community school to be located in the Womens Bay community. KIB /DEED Eng. And Public Facilities, Service District, Community development. Long Term Action Funding Source KIB Lead Time Frame Support the update to the Kodiak Island Coastal Management Plan (KIB CMP) in planning for appropriate coastal zone uses in the WB planning area. KIB DCED ACMP State /Feder al agencies. P & Z Comm., Community Development On -going AA��y yg�. aaS�'. v } ]I '?t � } Z�a 14"P�iL. 4✓h �H� e . �'r .:. Provide adequate funding for improved emergency services, including fire service and equipment. WB Service District Eng. And Public Facilities, Service District, Community Development Mid Term Objectives: Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Goal 2: Ensure adequate public services for the Womens Bay planning area. Objectives: Identify and prioritize needed road improvement projects in the WBC. Objectives: Provide better fire service in the planning area. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 44 December 2006 Action Funding Source KIB Lead Time Frame Retain KIB lots along Sargent Creek for uses such as the fire hall, community center, emergency shelter, and public park lands. KIB Community Development, Womens Bay Service District Short-Term Establish and maintain tsunami warning sirens, tsunami evacuation plans and the location of pertinent informational signs. ADES KIB Coord. with Public Safety and WB Service District Mid -Term Investigate the potential for a new bridge over the Russian Creek to connect the two main development areas WB Service District Eng. And Public Facilities, Service District, Community Development Long -Term Research other potential escape routes that could serve the Womens Bay planning area. ADES KIB Coord. with Public Safety and WB Service District On -going Provide adequate funding for improved emergency services, including fire service and equipment. KIB Service District Eng. And Public Facilities, Service District, Community Development Mid Term Action Funding Source KIB Lead Time Frame Research the locations and condition of individual on -site wells and septic systems in the core planning area to determine the potential future need for community water and sewer facilities. KIB Denali Comm. ADEC Community Development, Womens Bay Service District Short-Term Encourage and support the WB Service District's identification and analysis of road, water, sewer, and other utility issues and concerns. WB Service District Eng. And Public Facilities, Service District, Community Development Mid -Term Protect the watershed so that in the future it can support, if necessary, a municipal water system to facilitate future growth. KIB ADEC Private Community Development, Assessing Long Term Support the acquisition of the USCG lands between Sargent Creek and the Kodiak State Fairgrounds for a possible gravel extraction site. KIB ADEC USCG Community Development, Assessing Mid -Term Objectives: Addresses problems associated with private water /sewer systems. Objectives: Provide an upgraded emergency evacuation shelter and support emergency procedures education. Womens Bay Comprehensive Plan Update P8Z Commission Approved Draft 45 December 2006 Action Funding Source KIB Lea& Departm ent or Commission Time Frame Review PL- Public Use Land for a suitable or appropriate site for a new cemetery. Consider amending zoning districts to allow cemetery use. Private /KIB P &Z Comm., Community Development On -going Action Funding Source KIB Lead Time Frame Ensure that the Kodiak Archipelago Bear Management Plan is consulted for all development projects. KIB Eng. And Public Facilities, Service District, Community Development Long -Term Objectives: Support positive bear management practices as described in the Kodiak Archipelago Bear Management Plan. Objective: Designate a suitable location for a community cemetery. Womens Bay Comprehensive Plan Update P8Z Commission Approved Draft 46 December 2006 Chapter 6. Recommended Land Use Map LAND USE POLICIES This chapter presents policy statements for each land use category. The Recommended Land Use Map, (Map 12), is on page 48. Each land use category has different characteristics and considerations that must be brought into focus in order to provide for effective and reasonable Plan implementation through public investment, zoning and other regulations. Public Open Space Public open space areas are comprised of public parks, natural areas, greenway paths and existing major public opens spaces and recreational areas in the Womens Bay Planning Area. These public open spaces receive heavy recreational usage during all seasons of the year. Hunting, hiking, fishing, camping and picnicking opportunities draw many visitors to the Kodiak Island Borough who contribute to the local economy. These public open space areas will continue to play an important role in serving the Womens Bay residents and the local tourism economy. The Plan identifies about 90 acres of public use land zoning as well as park areas. Floodplains, riparian areas, steep slopes, wetlands and water supply watersheds are environmentally sensitive areas and carry inherent development constraints if they are to continue to function in their essential roles as part of the natural environment. Environmental protection overlay districts should be established for these areas. The Plan adopts the value that these special environments should be reserved and remain undeveloped and undisturbed, with the exception of non - invasive recreational uses. The Plan recognizes that all economic and recreational needs of Borough residents and property owners can be adequately accommodated on other accessible lands not impacted by such environmental features. Where public improvements are considered, the development of these improvements should be handled with great care and public scrutiny. The Plan supports conservation of these environmental resources through public reservation, regulation and, where necessary, acquisition. Industrial This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution /warehouses that are not generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial uses: transportation access, water supply, lack of incompatible existing land use and topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to the blasting, dust and heavy trucking operations. Areas around quarries where active blasting is occurring or may occur should be reserved for one of the following use categories: agriculture, industrial, or public open space. Resource Extraction uses include all uses associated with the operation of quarries, such as the Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 47 December 2006 extraction, storage, processing and transportation of the quarry product. Business The character of the category is defined as that which is primarily intended to meet the essential business needs and convenience of Womens Bay area residents. Commercial uses may include a grocery, drug store, and branch dry cleaning establishments as examples. Compatible small -scale industrial uses can also be located in these areas. Business uses should be placed into cohesive groupings rather than on individual properties along the highways and access control should be emphasized. Its purposes are: to encourage the development of groups of nonresidential uses that share common highway access and /or provide interior cross access in order to allow traffic from one business to have access to another without having to enter the highway traffic; to discourage single family residential uses; to protect environmentally sensitive areas, and to maintain the character of the surrounding neighborhoods. Opportunities for business uses, such as, small -scale shops, home occupations and cottage industries, may be appropriate outside these areas as well. Residential The new residential development should be at a minimum lot size of RR1 (40,000 square feet) for existing lots. Other residential uses are also encouraged within this land use category at a density appropriate to ensure adequate water supply and wastewater treatment on -site. The mix of dwellings should be organized into a rational development pattern, rather than random lot -by -lot development. The B tracts would be converted into Open Space land and some potential residential development sites. It is not encouraged to develop residential uses adjacent to the B tracts if the industrial uses remain for the long term in their present location as this is contradictory to the objective of buffering residential uses from industrial uses. Institutional This category is defined as that which is primarily intended to accommodate uses of a governmental, civic, public service, or public institutional nature, including major public facilities, public utilities, and local government -owned property. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 48 December 2006 g. Bibliography 1. American Planning Association Website, 2004. http: / /www.plannina.orq /LBCS 2. Brechan Enterprises: Moving Cost Estimates. Economic Contribution to Kodiak, 2004. Northern Economics Inc. Anchorage, Alaska. http: / /chiniak.net/brechan/ 3. DCED Community Information Website, 2004. http:// www .dced.state.ak.us /dca /commdb /CF COMDB.htm 4. Kodiak Area Plan for State Lands, 2003. Public Review Draft and Approved Revisions. ADNR, Division of Mining, Land and Water. Anchorage, Alaska. http: / /www.dnr. state. ak. us /mlw/ planning /areaplans /kodiak/index.cfm 5. Womens Bav Community Plan, 1982. Womens Bay Community and KIB, Community Development Department. Kodiak, Alaska. 6. Womens Bay Natural Use Area Plan, 1997. First Draft. KIB, Community Development Department. Kodiak, Alaska. 7. Womens Bav Water and Wastewater Facilities Plan, 1991. HDR Engineering, Inc., Kodiak Island Borough, Kodiak, Alaska. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 50 December 2006 CALL TO ORDER ROLL CALL PLANNING AND ZONING COMMISSION REGULAR MEETING NOVEMBER 15, 2 MINUTES Commissioners Present Excused Absent Others Present David King -Vice Chair X Martin Lydick, Associate Planner Casey Janz X Community Development Dept. Gary Carver X Sheila Smith, Secretary Brent Watkins X Community Development Dept. Dennis McMurry X Gary Juenger X Vacant JAN BOROUGH CLERK'S OFFICE The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE CHAIR KING on November 15, 2006 in the Borough Assembly Chambers. A quorum was established. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO CHANGE the order of the public hearings to allow Case B 07- 009 to be heard first. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5 -0. COMMISSIONER CARVER MOVED TO APPROVE the amended agenda.. The motion was SECONDED by COMMISSIONER JUENGER, and it CARRIED 5 -0. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED TO APPROVE the minutes of October 18, 2006 as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 5-0. PUBLIC HEARINGS B. Case 07 -009 Request for a Variance, in accordance with KIBC 17.66, to permit the creation of two 4.8 acre lots by subdivision which is Less than five (5) acres of lot area not subject to tidal action below the mean high tide, per KIBC 16.40.040.A.2, KIBC 16.40.050.B.1, and KIBC 17.13.050.A. The applicant is Brad Ames, and the location is a Portion of the West half of USS 1736, Settler Cove, Port Lions, AK, and it is zoned C- Conservation Staff reported that reviewing a request for a grant of variance from applicable zoning district standards differs from most of the duties and actions of the Commission. Unlike many other duties and actions, where the Commission may exercise a great deal of latitude in reaching a consensus, the variance language is mandatory, and the six (6) part test, which the Commission must use in its deliberations, is explicitly spelled out in KIBC 17.66.050. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development, which do not apply generally to other properties in the same land use district; November 15, 2006 P & Z Commission Meeting Minutes Page 1 of 4 flf�5 Q /111'007 D 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. It's important to keep in mind that a grant of variance establishes a legal right, independent of ownership, and remains with the land. Staff recommends denial of this request. COMMISSIONER CARVER MOVED TO GRANT a variance; in accordance with KIBC 17.66, to permit the creation of two (2) lots by subdivision with less than five (5) acres of lot area that is not subject to tidal action below the mean high tide, per KIBC 16.40.040.A.2, KIBC 16.40.050.B.1, and KIBC 17.13.050.A..COMMISSIONER WATKINGS SECONDED the motion. Regular session closed: Public hearing open: Brannon Ames (applicant's brother) spoke in support of the request. Mr. Ames addressed each of the six (6) parts of the test, and he feels that none of the test applies. He also explained that his brother and he bought the 30 acre parcel together without any knowledge of ordinance that would prevent them from subdividing; however, they feel it would be problematic later if it's all one piece with homes for each of their families. Mr. Ames submitted a public hearing notice with favorable comments from the City of Port Lions. He thanked the Commission for their time and consideration. Public hearing closed: Regular session open: Discussion of the submitted plat map, the acreage, the mean high water, mean low water, mean sea level, and the zero elevation line. It was the consensus that they would like to see a resolution before granting a Variance. COMMISSIONER CARVER MOVED TO POSTPONE their decision until they receive certification of the elevation data of the plat. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 5 -0. A) Case 07 -008. Request a Tax Foreclosure/Review. The applicant is Kodiak Island Borough, and the agent is Cassandra Juenger. The locations are multiple, and the zoning varies. Staff reported KIBC Section 18.10.030 requires Commission review of tax- foreclosed property at the time of acquisition, in order to determine whether any of the tax foreclosed property needs to be retained for a public purpose. Those lands not required to be retained for a public purpose may be disposed of at a future land sale, the timing and method of which is subject to the Assembly's discretion. The specific language of KIBC 18.10.030 is as follow: 18.10.030 Review. Upon acquisition of any real property, including real property acquired by tax foreclosure, but excluding real property acquired for a specific purpose or project, the planning commission shall review the newly acquired land and make recommendations as to whether all or any portion of the land should be devoted to public use, reserved for future use to meet projected borough requirements, or made available for sale, lease or other disposition in conformance to the November 15, 2006 P & Z Commission Meeting Minutes Page 2 of 4 borough comprehensive land use plan. The manager shall review the planning commission action and make recommendations to the assembly. Staff has not determined that any of the parcels subject to this review exhibit any peculiar attributes, which would lend them any particular public use designation, and does not recommend retention in a public ownership inventory. A brief discussion. COMMISSIONER JANZ MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following fourteen (14) tax - foreclosed parcels be declared not to be of public need and be offered at a future KIB land sale. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 5 -0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Compliance Letter to Richard and Patricia Collins from Martin Lydick, Associate Planner dated October 11, 2006. B) Letter of Courtesy & Advisory to Mr. Furrow from Martin Lydick, Associate Planner dated November 1, 2006. C) Letter of Courtesy & Advisory to Mr. Patrick Stelzer from Martin Lydick dated November 2, 2006. D) Notice of Denial to Randy Gilbert and Tanya Inga from Duane Dvorak, Acting Director dated November 13, 2006. COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 5 -0. REPORTS A) Meeting schedule: • December 13, 2006 work session at 7:30 p.m. in the KIB Conference Room • December 20, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers B) Parks & Recreation Committee Meeting Minutes: • September 12, 2006 • September 26, 2006 • October 24, 2006 AUDIENCE COMMENTS There were no audience comments. COMMISSIONERS' COMMENTS Mr. Watkins said he would like to see on future waterfront plats that the mean high water is specifically noted. November 15, 2006 P & Z Commission Meeting Minutes Page 3 of 4 Mr. Carver encourages applicants be alerted to have surveys reference mean high water. Ms. Janz said "good job" to Dave King. Mr. Juenger thanked Mr. Ames, and congratulated Mr. King. Mr. King apologized to Mr. Ames because he usually goes to look at property but couldn't this time due to weather. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 5 -0. VICE CHAIR KING ADJOURNED the regular meeting at 8:05 p.m. ATTEST By: \ C 1PAUn �?fllt'10 Sheila Smith, Secretary Community Development Department DATE APPROVED: December 20, 2006 November 15, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY: Dave King, Vice Chair P & Z Commission Meeting Minutes Page 4 of 4 ROLL CALL December 20, 2006 plECE11VEll KODIAK ISLAND BOROUGH JAN 2 3 2007 PLANNING AND ZONING COMMISSION la REGULAR MEETING DECEMBER 20, 20 BOROIIGH CLERK'S OFFICE MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:34 p.m. by VICE CHAIR KING on December 20, 2006in the Borough Assembly Chambers. Commissioners Present Excused Absent Others Present David King X Duane Dvorak, Acting Director Brent Watkins X Community Development Dept. Gary Carver X Sheila Smith, Secretary Casey Janz X Community Development Dept. Dennis McMurry X Gary Juenger X Vacant A quorum was established. VICE CHAIR KING asked if there is any motion to excuse any commissioners. COMMISSIONER CARVER MOVED TO EXCUSE any commissioners due to road conditions. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED unanimously. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONERWATKINS, and it CARRIED 5 -0. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER CARVER SECONDED the motion, and it CARRIED 5 -0. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Leland P. James spoke regarding Case 07 -012. VICE CHAIR KING informed James that he should speak when the public hearing for this case is opened. PUBLIC HEARINGS A. Case 07 -012. Request for Request a Similar Use Determination, in accordance with KIBC 17.03.090, to allow a small scale fish and meat smoking use in the B- Business zone as a use similar in character and impact to a permitted retail use. The applicant is Chris Wing. The location is New Kodiak Subdivision, Block 3, Lot 17, and it is zoned B- Business. P & Z Commission Meeting Minutes Page 1 of 11 Staff reported (50) public hearing notices were distributed for this case with no responses returned. Staff reported this request centers on a conversion of use in the property, which staff has been working with the property owner about changing the interior layout concerning the collective uses that they wish to have. The structure is non - conforming due to a lack of parking. It's grandfathered with 11 theoretical spaces, but doesn't provide that many on the ground. Staff anticipates the change of use can occur without any variances or other need for commission review. The owner does wish to lease a 1000 sq. foot portion of the structure to a fish smoking/processing operation as described in the packet. The purpose of this review is to review this use. Fish processing is not an allowable use in the Business zone. We have had several previous cases regarding small scale processing which is normally considered an allowable use in the Industrial zone. In the past, it's been perceived that the industrial fish processing use usually represents an onshore processing facility of major size and a large number of employees. In this case, it is a small operation being proposed, and they have provided a one page summary of the use of that 1000 square feet that they wish to lease for that purpose. Staff has reviewed this and it seems the scale is right. The recommendation of staff is that this is a similar use to a permitted retail use as described in the proposal, and if you look at the language of the motion it does go to that as described in the application. You could make it a little clearer to say that if the commission approves this tonight they get 1000 square feet for their operation. If they change the operation you could say they need to come back for a new review. What you are approving is what they have proposed, no more and no less. COMMISSIONER JANZ MOVED TO DETERMINE, in accordance with Section 17.03.090 (Similar Uses) of the Borough Code, that a small -scale fish and meat smoking use, as described in the application, is similar in character and impact to the permitted uses of the B- Business zoning district, and to adopt the findings of fact contained in the staff report dated December 6, 2006 as "Findings of Fact" for Case No. 07 -012. .COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Leland P. James, owner of the Napa building spoke against the request because of dumpster and parking issues. Rob Baer, co -owner of the Alaska Sprit spoke in support of the request. He and his partner will be leasing the 1000 sq. feet for the fish smoking operation. COMMISSIONER CARVER asked Baer if they are successful and their business grows what his feelings would be if it is stipulated this document and its specifications be the basis for Similar Use Determination and if they expand in the future they would need to come back before the commission or move to another location. Baer agreed with COMMISSIONER CARVER and supports the idea. Public hearing closed: Regular session open: A brief discussion. COMMISSIONER CARVER MOVED TO AMEND the main motion to add a condition of approval that includes the specifications in the letter of application as conditions for December 20, 2006 P & Z Commission Meeting Minutes Page 2 of 11 the similar use permit, and any deviation from that would require re- application to the Planning & Zoning Commission. COMMISSIONER JANZ SECONDED the amended motion. FINDINGS OF FACT [11 As it applies to this business, at this location, custom seafood / meat processing is similar in character and impact to other land uses specifically permitted in the B -- Business Zoning District. [2] As described in the application, the uses are small in scale and light in intensity, and intended to be incidental and subsidiary to the retail use of the property. As described in the proposal, the custom seafood / meat processing on a small scale should not result in negative impacts on neighboring properties. [3] CONDITIONS OF APPROVAL [1] Specifications in the letter of application as conditions for the Similar Use permit, and any deviation from that would require re- application to the Planning & Zoning Commission. The question was called on the main motion, and it CARRIED 5 -0. The question was called on the amended motion, and it CARRIED 5 -0. B) Case 07 - 010. Request a Variance, in accordance with KIBC 17.66.020 and KIBC 17.13, to allow the subdivision of Tract A within Sections 8 and 17 of T26S R23W where the proposed parcel will not meet the 5 -acre minimum lot area or the 250 -foot minimum lot width. Staff indicated there were (9) public hearing notices were distributed and (2) responses returned expressing objections to this request. The request is involving the creation of a Tract to primarily address a pre - existing landfill associated with the former Port Bailey fish processing site. It appears that while it was believed this waste site was located on th same site as the use that it served, it appears from the submittal from the petitioners that it is actually outside the original boundaries of the Port Bailey site. The Afognak Native Corporation had expressed a desire to carve out a chunk of property less than 5 acres that they could then convey to the Ward's Cove Packing Company, the original owners and operators there, so they could hold it in perpetuity rather than leaving it as a potential liability on the Afognak Native Corporation property. Ward's Cove Packing had sold the adjoining property to a third party in 2003. We have reviewed some of this history. The letter that came in came on the same day as the packet review; in addition, we have received another letter this afternoon. From a staff perspective, staff was persuaded originally by the information received with the application that this was an extenuating circumstance, and that it would be good to isolate this parcel, even though it meant granting a Variance for the lot with lot size width issue. From the documents submitted it wasn't clear the significance of some of these structures. At the scale submitted it looked like they were less significant structures than what they have come to hear lately. The arguments raised in the objection letter don't relate to the Variance issues at hand. Clearly, there are some property ownership issues between the parties that need to be resolved. It doesn't appear that staff or the commission should put themselves in between private parties that have issues that need resolving. The objections allowing the Variance December 20, 2006 P & Z Commission Meeting Minutes Page 3 of 11 to go forward will result in some harm to one or more parties, from a staff perspective we are not convinced that that's necessarily the case. In this case, what ever is there is already there. Granting the Variance is not going to change that situation. He thinks the subdivision process is where the commission generally can deal with ownership and boundary issues. The Variance is really about whether or not they can create a Tract less than 5 acres. The subdivision process is where these issues may be more appropriately discussed. The petitioner's have made a request for a subdivision that was tentatively scheduled for January assuming this question would be answered in December. The options available to the commission are to approve, deny, approve with conditions, or to postpone for additional information if the commission feels they don't have enough information to rule on this Variance request tonight. The commission had a brief discussion. COMMISSIONER CARVER MOVED TO GRANT a Variance; in accordance with KIBC 17.66, to permit the creation of one (1) lot by subdivision with less than five (5) acres of lot area that is not subject tidal action below the mean high tide, per KIBC 16.40.040.A.2, KIBC 16.40.050.B.1, and KIBC 17.13.050.A, and to adopt the Findings of Fact in the Staff Report dated December 5, 2006 as Findings of Fact for Case No. 07 -010. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Robert Shane -owner of Port Bailey spoke opposing the request and has ownership issues with this property. Public hearing closed: Regular session opened: The commission had a discussion. The question was called, and it FAILED 5 -0. Staff had provided Findings of Fact that supported the Variance and given the Variance was not approved the commission will need to come up with its own Findings of Fact for the various six standards. He recommends they postpone the adoption of Findings until the next meeting, and then give staff a brief write up per the various standards. You need to come up with Findings that reflect the reasoning of the commission based on our public hearing process tonight, and then we can have that drafted for presentation and adoption as an Old Business item on next months agenda. COMMISSIONER CARVER MOVED TO POSTPONE the adoption of Findings of Fact until the next regular Planning & Zoning meeting. COMMISSIONER WATKINS SECONDED the motion. The question was called, and it CARRIED 5 -0. C) Case 07 - 011. Request a Variance, in accordance with KIBC 17.33 and 17.66.020, to allow a proposed addition to the hospital building to encroach 15.5 feet into the required 25 foot side yard setback along Rezanof Drive East. Staff reported (46) Public Hearing notices were sent out with no responses returned. The request revolves around the proposed addition of a new community health center building December 20, 2006 P & Z Commission Meeting Minutes Page 4 of 11 that would attach to the side of the existing hospital structure. Staff has reviewed this site and found it is topographically constrained. Included are some photographic examples, not only of the proposed building site as well as some of the retaining walls along the boundaries that were put in place to deal with some of the topography there, and to make as much building site and parking area as possible during the last hospital expansion project. We only have one hospital and this is a major facility and there isn't any other place on the site that it can go other than the proposed location. They have looked at other options The benefit of having this facility co-joined with the hospital is they can then share certain resources that have been leveraged by the community for this location. Staff has looked at this and finds the standards have been met. Staff recommends approval of the Variance. COMMISSIONER WATKINS MOVED TO GRANT a Variance, in accordance with KIBC 17.33 and 17.66.020, to allow a proposed addition to the hospital building to encroach 15.5 feet into the required 25 foot side yard setback along Rezanof Drive East; and to adopt the findings in that staff report dated December 12, 2006, as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Bud Cassidy, Director of Engineering and Facilities stated he is here to answer any question the commission may have and to introduce Jimmy Ng who is more intimately involved in the history of the structure of the Community Health Center. COMMISSIONER CARVER asked Cassidy if there will still be foot egress around the end of the building. Cassidy responded yes, there will walking room around the building. VICE CHAIR KING asked if this phase of the project will move the entrance from the parking lot. Cassidy stated the eventual completion of the project will, but right now once we get approval we will be going back to the ARB with more design information. In one of the drawings there's a notation, he's assuming came from Community Development Department, of where the existing entrance is. It's about mid -way. Public hearing closed: Regular session opened: 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. The property is topographically constrained as evidenced by the considerable terracing that has been done to provide developable area for the current hospital and care center. (See attached digital images for examples of this observation) The terracing is most notable along the north side of the property (below the city cemetery) and along the side lot line adjoining Rezanof Drive East. Both of these areas are supported with extensive retaining wall structures. December 20, 2006 P & Z Commission Meeting Minutes Page 5 of 11 The intended use of the development is unique to this site. The proposal to construct a Community Health Center (CHC) that adjoins the hospital is proposed because that will allow the CHC to leverage facility and organizational resources that have already been developed by the community. No other conforming site can offer this kind of synergy or economy -of -scale to benefit the Kodiak community. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Disturbance of the retaining wall structures and additional excavation would be prohibitively expensive to the community. This fact makes development on the upper side of the hospital building infeasible. Development on the downhill side, as proposed, appears to be the only practical option which can provide the advantages mentioned in Standard #1 above which are important objectives for the community to achieve. 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. Because Kodiak is an isolated community with only one hospital, it is hard to compare this project with other similarly situated properties within a given zoning district. Any hardship or practical difficulty presented by this particular project which cannot be resolved through this or other zoning based processes will have an impact on all borough residents. It should be noted that the proposed addition is located well away from any residential developments near the hospital site. As noted in the attached photographs, the addition will be situated well above the level of the adjoining Rezanof Drive East roadway and will not have any negative impact on this heavily traveled arterial road. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Kodiak Island Borough hospital site, currently operated as the Providence Kodiak Island Medical Center, is "the" designated hospital location for the entire borough. This location has been determined and confirmed during the review process that preceded the last major expansion of the hospital facility. 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 Planning and Zoning Commission will consider this request for variance and make a decision whether to grant relief prior to the initiation of any development activities. This is not an "after- the - fact" variance request. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. Hospitals are a permitted use in the PL- Public Use Land zoning district, subject to a site plan review before the KIB Planning and Zoning Commission. The question was called, and it CARRIED 5 - 0. Case 07 - 004. Review of the revised Draft Recreational Amenities Ordinance that was previously forwarded to the Commission with a recommendation by the KIB Parks and December 20, 2006 P & Z Commission Meeting Minutes Page 6 of 11 Recreation Committee and subsequently remanded to the Committee for specific revisions. Staff reported no public hearing notices were circulated for this case; however, we did advertise in the newspaper a general circulation. The comments contained in this revised draft generally came from the November 1, 2006 work session that was held by the Planning & Zoning Commission to discuss this and also the Womens Bay Comp Plan. The big changes here are annotated in red with those items struck out are to be deleted, and those items underlined are to be added. This is the November 14, 2006 revision that we circulated to the commissioners on or around this date Staff recommended that it be proposed as a new chapter of Title 16, which is the subdivision code rather than Title 17, which is zoning. The kinds of improvements that are being discussed in this ordinance is the kind that naturally fall into the subdivision process. He thinks the language in the draft ordinance kind of reflected that. The other changes are the proposed section 16.XX.030 — General Regulations, and he thinks the commissions comments back to the Parks & Recreation Committee were taken very seriously. They immediately went to work on the re- wording of these sections at their November meetings, and that resulted in the language that you have before you. Dvorak feels from a staff perspective the Parks & Recreation Committee has done a good job of simplifying and clarifying the intention of this ordinance, and he thinks they have addressed the issues raised by the Planning & Zoning Commission. Staff recommends moving this forward to the Assembly. A brief discussion. COMMISSIONER JUENGER MOVED TO APPROVE the November 2006 Revised Draft Recreational Amenities Ordinance and transmittal of the draft code to the Kodiak Island Borough Assembly with a recommendation for adoption. The motion was SECONDED by COMMISSIONER CARVER. Regular session closed: Public hearing opened Mike Sirofchuck, Chair person for the Parks & Recreation Committee was there in support of this draft ordinance. He stated Parks & Rec is an advisory committee, and their mission is to advocate for recreational opportunities in the borough. The draft ordinance is the result of a five year process. Sirofchuck brought up the current road system, and the committee has had a lot of discussion about this phrase. They weren't sure how it would be interpreted; did it mean the road system at the time the person brought forward their plat, or would it be interpreted to mean the current road system at the date this ordinance is passed. Our intent is the current road system at the time of submission of any plats. Public hearing closed: Regular session opened: A brief discussion. COMMISSIONER CARVER MOVED TO AMEND 16.XX.030- General Regulations, Part A. Applicability to read this chapter shall apply to all lands within 1 mile of the current maintained public road system at the time of application for subdivision. The motion was SECONDED by COMMISSIONER WATKINS. The question was called on the main motion, and it CARRIED 5 -0. December 20, 2006 P & Z Commission Meeting Minutes Page 7 of 11 The question was called on the amended motion, and it CARRIED 5 - 0. E) Case 06 -018. Review of the revised Womens Bay Comp Plan Update as amended by the KIB Planning and Zoning Commission after public input at work sessions on August 30, 2006 and November 1, 2006. Staff reported this is another case pending and has been in the process for several years. Most recently the commission discussed this plan during the November 1st work session where substantial comments were made and recommended which staff made those changes. There was a draft that was re- drafted and some of the maps were also revised. It is the same plan and the only substantial change made was the reference to Jack and Lee Lakes Natural Use Area consistent throughout. The strikethroughs are to be deleted and the underlined words to be added. In this version it is just the text. In the interest of getting this back before the commission before this months meeting we did work on the plan map to correct the boundaries and conform them to the other areas in the plan. We weren't able to insert the maps because the emphasis here is on the text, and on the substantial comments from the November l meeting. We didn't really get any comments at that time on the appendices other than to bifurcate them out of the plan and make this essentially two documents. From a staff perspective we still consider the appendices to be part of the plan and it will go forward with the plan. We did receive some public comments that were circulated at the last week's packet review that mentioned the historical timeline. It will take a little longer to finish up the timeline, appendices, and the plan, but like in the previous case if the commission excepts this latest version of the plan and passes it forward to the Assembly we would put together a finished plan and appendices. A brief discussion. COMMISSIONER CARVER MOVED TO APPROVE the November 2006 Revised Draft Recreational Amenities Ordinance and transmittal of the draft code to the Kodiak Island Borough Assembly with a recommendation for adoption. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened Tess Dietrich spoke in support of passing this draft. She stated what she feels should be in the draft and in the appendices. She thanked staff, the commission, and everyone that worked so hard on the plan. COMMISSIONER JANZ asked Dietrich if she was recommending the Table of Contents for the appendix be attached to the main Table of Contents or put the appendix with the main body. Dietrich stated she thinks it needs to be in the main draft so that people know it is available. If they request those documents they will know what to request. It's your decision that you want the appendix separate. She is confused why it is separate. It doesn't seem that the appendix would have its own Table of Contents. COMMISSIONER CARVER stated we have a very large volume of material that provides the basis for a second plan that has in it the direction spelled out. That plan is the document that counts in terms of defining the future conduct and development of the December 20, 2006 P & Z Commission Meeting Minutes Page 8 of 11 Womens Bay Area is proposed to be, and much of what is in the appendix is the opinions, testimony, and many of them are conflicting things that we sorted through to come to this plan. He feels it is very appropriate to put each appendix with the document in the body of material it goes with. The reference to appendix in the plan still directs you to that document. It's appropriate to list the appendix in the Table of Contents and then allow people to seek the appendix if they need it. The appendix will be an archived volume of source material used to generate the plan. Lisa Booch, a Womens Bay Community Council member, stated everyone has worked very hard on this and thanked everyone. She feels good about the plan they have now. She said they went through it again and have made notes on typos or grammar. Lorne White stated he appreciates their comments and he agrees with them that it should be passed tonight. Public hearing closed: Regular session opened: COMMISSIONER CARVER asked staff to look at the list of possible corrections, and if there are corrections that are typos or verb tenses please use your judgment to do those. COMMISSIONER KING stated on the acknowledgements page, the first one. He counted 25 names on it, and he would like to see the Womens Bay Community Council added because they have worked very hard, probably harder than anyone else. COMMISSIONER CARVER MOVED TO AMEND the motion to include in the appendix the materials that were passed out to us dated December 15, 2006, and to add the Womens Bay Community Council to the acknowledgement page. COMMISSIONER JANZ SECONDED the motion. The question was called on the amended motion, and it CARRIED 5 -0. The question was called on the main motion, and it CARRIED 5 -0. Booch asked if there is enough time for the Borough Wide Comp Plan consultants to incorporate more of the Womens Bay Comp Plan into the Borough Wide Comp Plan. Dvorak stated the priority is the plan, and the appendix will follow along. He will make sure the consultants receive a copy. F) Case 07 - 008. Request a Tax Foreclosure Review. The applicant is the Kodiak Island Borough, and the agent is Cassandra Juenger. The location is multiple, and the zoning varies. Staff reported the purpose of this is to go through properties that have been foreclosed on by the Borough due to non - payment of property taxes. It occurs every year, and when these properties come into the Borough's ownership and control, even though it is usually temporary aspect, it is required they go through the Title 18 review with the Planning & Zoning Commission right from the onset to determine if these properties should be disposed of, if not redeemed put back up for sale and put back on the tax roll, or maybe the property has some value to the public for some public purpose. If that's the case then the commission would recommend to the Assembly these properties be reserved for some specific public purpose. We did not have any recommendations to reserve any properties, and we re commended all the properties be re -sold if they are not redeemed by the December 20, 2006 P & Z Commission Meeting Minutes Page 9 of 11 ostensible property owner. Technically, we hold the deeds to these properties today, but they are eligible to be redeemed later. The purpose of this is to correct a deficiency in the public process because the phones were not available at the last meeting. Regular session closed: Public hearing opened Public hearing closed: Regular session opened: VICE CHAIR KING stated there was a motion passed at the last meeting. (At the November 15, 2006 P&Z regular meeting: COMMISSIONER JANZ MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following fourteen (14) tax- foreclosed parcels be declared not to be of public need and be offered at a future KIB land sale. COMMISSIONER CARVER SECONDED the motion. The question was called and it CARRIED 5 -0.) OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED unanimously. REPORTS Meeting schedule: • January 10, 2007 work session at 7:30 p.m. in the KIB Conference Room • January 17, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers Dvorak reported the new appointments or reappointments are coming up with the Mayor. We are expecting those to be done by the end of the year. We will probably be one seat shy in January. There are two city seats available if you live in the city, and only one applicant. Lydick, the other planner in the department will be on leave for seven weeks. Bud Cassidy will be taking the Community Development Department Director only after a suitable replacement for Engineering & Facilities which is now being advertised. COMMISSIONER JANZ MOVED TO ACCEPT reports as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED unanimously. AUDIENCE COMMENTS There were no audience comments. COMMISSIONERS' COMMENTS COMMISSIONER WATKINS thanked everyone for their hard work on everything tonight, the Parks & Rec people and the Womens Bay folks. COMMISSIONER CARVER said he is happy to get through these projects and thanked staff and the commissioners for their continued efforts and diligence on these. December 20, 2006 P & Z Commission Meeting Minutes Page 10 of 11 COMMISSIONER JANZ echoed those sentiments and said it is a good day and they have done a lot of work. She also wished Bud Cassidy luck in his new position, and thanked Dvorak for doing an amazing job of more than one person. Merry Christmas. COMMISSIONER JUENGER said his only regret was that Dennis McMurry wasn't present to reap some of the euphoria that washed over this commission as some of these major issues were advanced. He regrets losing McMurry as a commissioner, as we have recently lost Jerrol Friend. VICE CHAIR KING thanked everyone for all their hard work. Have a Merry Christmas and a happy new year. ADJOURNMENT COMMISSIONER CARVER MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED unanimously. CHAIR FRIEND ADJOURNED the regular meeting at 9:50 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: January 17 , 2007 December 20, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: QJ_,A x C — . Dave King, Vice C P & Z Commission Meeting Minutes Page 11 of 11 MINUTES: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — December 11, 2006 The Board of Education of the Kodiak Island Borough School District met in regular session on December 11, 2006, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100.1 F.M. and televised by GCI Cablevision. Board President Elizabeth Odell called the meeting to order at 7 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Jeff Stephan Roy Brown Elizabeth Odell Corrisa Smith Delayed: CDR Williams Absent: Norm Wooten, excused A quorum was established. ALSO PRESENT: Betty Walters Dave Jones Heather Wheeler Marilyn Davidson Kurt Busness Kyla Busness Stewart McDonald Karen Winkler Jean Barber Steve Kreber Bob Brodie Casey Kelly Larry LeDoux Ted Nussbaum Steve Doerksen Ron Fried Josh Lewis Victoria Lewis Cherelle Barber Lindsey Adams Janice Alexanderoff Joshua Corpuz Monica Stauffer Brennan Downs Ruth Arizmendi Mercy Arizmendi Lindsey Adams Peggy Tuttle Porfiria Lopez -Trout Laurie Busness Barbara Bolson Gregg Hacker Pete Jarvis David Wages Karen Boehler John Miller Jack Walsh Emyriza Tabucol Leonardo Cruz Emily Helenhouse Donna Blair The minutes of the Regular Meeting of November 20, 2006 and the Special Meetings of November 27, 2006 and December 4, 2006 were to be considered for approval and/or correction. SCHOOL BOARD REGULAR MEETING December 11, 2006 Page 2 MOTION JEFF STEPHAN moved to approve the minutes of the Regular Meeting of November 20, 2006 and the Special Meetings of November 27, 2006 and December 4, 2006. PEGGY TUTTLE seconded the motion and it carried unanimously by a voice vote of all members present. RECOGNITION OF VISITORS: 1. Superintendent Betty Walters welcomed all in attendance and in the listening and viewing audiences as well as the communities of Port Lions and Larsen Bay who joined the meeting via video conferencing. 2. Board President Elizabeth Odell recognized students Kurt and Kyla Busness for their consistent attendance at Board meetings and presented them with crayons and colored pencils as a token of the Board's appreciation for their dedication. COMMUNITY COMMENTS: 1. Ted Nussbaum stepped to the podium and updated Board members on the Kodiak Alaska Community Learning Activity Center (KACLAC) Before and After School Program. The program is funded by the 21 Century Grant and supports academically challenged students in grades 2 -5. Mr. Nussbaum reported that program enrollment has been steady the last three years and that students have shown substantial improvement in academic performance. He shared that new this year is the Wednesday Club Central which focuses on the Arts. Mr. Nussbaum, along with students Joshua Corpuz, Leonardo Cruz, Monica Stauffer, Brennan Downs, Emily Helenhouse, Ruth Arizmendi, and Mercy Arizmendi sang The Twelve Days of KACLAC. Students Monica Stauffer and Leonardo Cruz shared that they liked the program because of the healthy snacks, exercise in the gym and the brain and body activity. CORRESPONDENCE: None PROGRAM /STAFF REPORTS: 1. Volunteers of the Month — Kodiak Middle School and Old Harbor School recognized their Volunteers of the Month. Kodiak Middle School Principal Steve Doerksen stepped up to the podium to recognize Donna Blair and Bob Brodie as their Volunteers of the Month. He shared that Donna Blair assists limited English proficient students and always goes beyond teacher expectations. Donna frequently brings her own materials to class to assist in accomplishing the outstanding job she does for students. Bob Brodie is one of the primary coordinators of Friday Nite Live and participates in everything from organizing to set up and break down. Bob is also active with the PTSA and assists students with Lions Club activities, often donating his own funds for such purposes. SCHOOL BOARD REGULAR MEETING December 11, 2006 Page 3 Mr. Brodie stepped to the podium and extended his thanks for the opportunity to be a volunteer and shared that the District runs on volunteers, whether its football, music, art, etc. He extended his appreciation to the Board and Superintendent Walters for their hard work. Superintendent Betty Walters recognized Melissa Berns and Mark Overbeek as Old Harbor School Volunteers of the Month, as Rural Schools Principal Bill Watkins was unable to attend the Board meeting. She shared that Mark Overbeek is always available when needed whether it is to cook, supervise recess or sit in on a class. Mark is very dedicated to Old Harbor School and its students. Melissa Berns spends countless hours organizing and participating in numerous events such as the Nuniaq Alutiiq Dancer's performance at Open House, a potlatch, Fall Festival, as well as maintaining the fish aquarium on display at the school. PRESENTED On behalf of the District, Board President Elizabeth Odell presented certificates of appreciation to Kodiak Middle School Volunteers of the Month Donna Blair and Bob Brodie and Old Harbor School Volunteers of the Month Melissa Bems and Mark Overbeek. 2. Kodiak High School Holiday Penny Wars — Kodiak High School recently held a Penny War to help a classmate going through cancer treatments. Kodiak High School Principal Karen Boehler stepped up to the podium and introduced Penny War sponsor Lindsey Adams and also recognized sponsors Mary Swanson and Kathy Nussbaum who were unable to attend the Board meeting. Lindsey stepped up to the podium and shared that she was very impressed with how the community and school pulled together to make this effort such a success. She extended her thanks to everyone for their contribution and stated that they raised enough money to aid others in need. Mrs. Adams invited student Cherelle Barber to speak to the listening audience. Cherelle shared that students wanted to do something nice for a classmate who is currently in Seattle being treated for cancer. Participating classes were divided into teams with the object to have the least amount of money at the end of the Penny War. Sabotage was rampant as teams filled each other's cups with large amounts of money. The high school administrative office was the losing group and dressed in costumes and sang for staff and students at the school assembly. 3. Shorelines Alternative Program Report — Learning Center teacher Josh Lewis reported to Board members on the new Shorelines Alternative Program. The program is designed to recruit students who have dropped out of school due to lacking credits, life situations or who are unable to attend the regular program for various reasons. Josh Lewis apprised Board members that the program was started in August with no students enrolled and currently has approximately 30 students. The program is the brain child of North Star Elementary Principal Larry LeDoux and Superintendent Betty Walters, and works cooperatively with Kodiak High School and the Learning Center. Kodiak College is also an important partner to the program offering classes that result in dual credit for both college and SCHOOL BOARD REGULAR MEETING December 11, 2006 Page 4 high school at no cost to the student. He invited Shorelines Alternative Program students Emyriza Tabucol and Janice Alexanderoff to speak of their educational experience. Emyriza Tabucol apprised the listening audience that she dropped out of high school during her senior year and is currently attending the program to obtain her high school diploma as well as an AA degree. She is a single mother and is confident the program will give her the means to support herself and her daughter. Janice Alexanderoff shared that she also dropped out her senior year and was very excited when Mr. Lewis called to offer her a second chance. Janice was behind many credits and stated she did not pass the exit exams she took in 10 grade; however, thanks to the program she has recently passed two exit exams. Josh Lewis shared that these are just two examples of the many students being helped by the Shorelines Alternative Program. He extended his appreciation to the various community agencies that have been instrumental in the success of the program and presented certificates of appreciation to the following: Sheila Wallace and Kodiak Job Service for assisting students with the job search process; Stacy Simmons of Kodiak Area Native Association (KANA) records instructor for career courses at Kodiak College; Mindy Pruitt of Kodiak Island Housing Authority for offering the Woody Way Center facility as an alternative instruction site; and Kodiak College Director Barbara Bolson for opening her arms to these young people. SUPERINTENDENT'S REPORT: 1. Superintendent Walters acknowledged Larry LeDoux, Stewart McDonald and Jeff Stephan on their appointment to the Governor's Education Transition Team and was excited that Kodiak can be a part of that process. 2. She extended her appreciation to Stewart McDonald and everyone who assisted him with the District improvement plan which has been reviewed and approved. 3. Superintendent Walters congratulated Kodiak Music Teacher Dale Lhotka for his successful music program and announced students Imuya Dooley and Melania DeLucia have been chosen to participate in the regional music festival held in Portland in February. 4. Superintendent Walters invited community members to attend the many holiday functions that are taking place throughout the community. She wished everybody a Merry Christmas, Happy Hanukkah and a joyous season. UNFINISHED BUSINESS: None NEW BUSINESS: 1. Resolution #067 -001, Baranof Park Improvements — Improvements to Baranof Park was a discussion item at your December 4, 2006, Work Session. A resolution was drafted and is attached. The City Council will be discussing this topic on December 12, 2006. The resolution will be forwarded to the City Council. SCHOOL BOARD REGULAR MEETING December 11, 2006 Page 5 MOTION JEFF STEPHAN moved to approve Resolution #067 -001, Baranof Park Improvements as presented. ROY BROWN seconded the motion and it carried unanimously by a voice vote of all members present. 2. FY 07 Title II D — Enhancing Education thru Technology Grant Award — This grant will support the use of technology to acquire, store and transform data into information that is relevant to decisions that improve student achievement and drive instruction. This is the second year of a two -year grant. MOTION ROY BROWN moved to accept the FY 07 Title II D — Enhancing Education thru Technology Grant Award in the amount of $19,623. JEFF STEPHAN seconded the motion and it carried unanimously by a roll call vote of all members present. 3. FY 07 Title I — School Improvement Grant Award — This grant funds school improvement at Larsen Bay School to help increase their graduation rate. MOTION JEFF STEPHAN moved to accept the FY 07 Title I — School Improvement Grant Award in the amount of $5,276. PEGGY TUTTLE seconded the motion and it carried unanimously by a roll call vote of all members present. 4. Rural Advisory School Board Election Results — Board action to certify 2006 Rural Advisory School Board election results of newly - elected or re- elected members as follows: Akhiok: Mitch Simeonoff, Kara Amodo Karluk: Sarah Reft, Joyce Jones, Mary Reft, Robert Brown, Josephine Lind Larsen Bay: Janet Carlson, Alice Aga Old Harbor: Mark Overbeek, Joyce Elvjhem, Angie Christiansen, Melissa Berns Ouzinkie: Faith Muller, Katherine Panamarioff Port Lions: Sonja Phelps, Cheryl Lukin, Arnold Kewan MOTION ROY BROWN moved to certify 2006 Rural Advisory School election results of newly - elected and re- elected members as presented. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote of all members present. 5. Under -age Student Request — School Board Policy Section 5.3, School Age Entrance, in part states, "The child must reach age five on or before September 1." A student who will not tum five on or before September 1 may be enrolled early if the district can demonstrate the child had the capacity to perform satisfactorily at that grade level and continue through to each subsequent grade level. SCHOOL BOARD REGULAR MEETING December 11, 2006 Page 6 MOTION ROY BROWN moved to approve the under -age student request of student 067KA and to allow enrollment in the District. JEFF STEPHAN seconded the motion and it carried unanimously by a voice vote of all members present. 6. October 2006 Report of Revenues and Expenditures — Board action is needed to acknowledge receipt of the October 2006 Report of Revenues and Expenditures, year -to- date general fund revenues in the amount of $9,016,631 and year -to -date general fund expenditures in the amount of $6,604,691. MOTION JEFF STEPHAN moved to acknowledge receipt of the October 2006 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $9,016,631 and year- to-date general fund expenditures in the amount of $6,604,691. ROY BROWN seconded the motion and it carried unanimously by a voice vote of all members present. FUTURE BUSINESS: 1. The meeting schedule for January is a Work Session on Monday, January 8, 2007 and the Regular Meeting on Monday, January 22, 2007 at 7 p.m. in the Borough Assembly Chambers. 2. There will be a meeting with Senator Gary Stevens and Representative Gabrielle LeDoux on Wednesday, December 20, 2006, at 2:00 p.m. in the Central Office Conference Room. 3. Board members will meet January 20, 2007, beginning at 9 a.m. to begin discussion on the FY 08 Budget. COMMUNITY COMMENTS: 1. Chiniak community member Johns Miller took the podium and shared his concern that three out of seven rural schools would be closed next year due to low enrollment. 2. Larsen Bay community member Debbie Hill asked Board members to consider approaching the Borough Assembly regarding a joint Borough/School District effort to find grant money for new playground equipment for Larsen Bay School. She shared that this item has been on the Borough list previously and the health center has designated property for the equipment. She would appreciate any future support the District could give. Mrs. Hill also informed Board members that Larsen Bay received a Quality Schools /Quality Students (QS2) award two years ago which was forwarded to the District. BOARD COMMENTS: 1. School Board Student Representative Corrisa Smith wished the listening audience a Merry Christmas. SCHOOL BOARD REGULAR MEETING December 11, 2006 Page 7 2. CDR Williams extended his appreciation to the Volunteers of the Month and thanked all rural advisory boards for their participation and for being a contact for all schools. 3. Peggy Tuttle stated she and her children had a great time attending the high school band and choir concert. She was surprised at the low number of musicians and asked the Board to look at district goals to see what can be done to remedy the situation as music and art are linked directly to academics. Peggy wished everyone a Merry Christmas and to enjoy the time with their kids. 4. Jeff Stephan recognized Larry LeDoux on his appointment as team leader to the Governor's Education Transition Team and that it was an honor for him and Stewart McDonald to also be a part of that team. He commended Mr. LeDoux for keeping the meeting focused and commended Mr. McDonald for being a solid support person with needed information and preparation. Jeff wished everyone a Merry Christmas, Happy Hanukkah, Happy Holidays and a prosperous 2007. 5. Elizabeth Odell extended her congratulations to the village schools for their successful volleyball tournament and thanked the rural sites for participation in School Board meetings via the audio conferencing. She applauded the band and choir performances and wished the listening audience a healthy, happy, and safe holidays and wished all peace in their lives. ADJOURNMENT: JEFF STEPHAN moved to adjoum the Regular Meeting. ROY BROWN seconded the motion, and it carried unanimously by a voice vote. There being no further business, Board President Elizabeth Odell adjourned the Regular Meeting at 8:17 p.m. Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of January 22, 2007. dtAA4 Clerk of the Board fully Submitted, p v �— Sheila J. Roberts Administrative Assistant KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — December 18, 2006 The Board of Education of the Kodiak Island Borough School District met in special session on December 18, 2006, in the School District Conference Room. Board President Elizabeth Odell called the meeting to order at 5:15 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: Elizabeth Odell Jeff Stephan Roy Brown Norm Wooten Peggy Tuttle CDR Scott Williams ABSENT: Corrisa Smith, excused A quorum was established. ALSO PRESENT: Betty Walters NEW BUSINESS 1. Executive Session — Superintendent's Evaluation and Contract MOTION JEFF STEPHAN moved to enter into Executive Session to discuss the Superintendent's Evaluation and Contract and to include Superintendent Betty Walters. ROY BROWN seconded the motion and it carried unanimously by a voice vote. At 5:17 p.m. the Special Meeting recessed into Executive Session. No action was taken, and the Special Meeting reconvened at 9:50 p.m. ADJOURNMENT MOTION ROY BROWN moved to adjourn the Special Meeting. NORM WOOTEN seconded the motion, and it carried unanimously by a voice vote. There being no further business, Board President Elizabeth Odell adjourned the Special Meeting at 9:53 p.m. E C H I EE JAN 302007 D BOROUGH CLERK'S OFFICE SCHOOL BOARD SPECIAL MEETING December 18, 2006 Page 2 AtitA ' 1 44 Clerk of the Board. Respectfully submitted, Sheila Roberts Administrative Assistant Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of January 22, 2007. Delayed: Elizabeth Odell Absent: Jeff Stephan, excused A quorum was established. ALSO PRESENT: Jack Walsh Marilyn Davidson Karen Boehler Porfiria Lopez -Trout Casey Kelly NEW BUSINESS: 2. ADJOURNMENT KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — January 8, 2007 The Board of Education of the Kodiak Island Borough School District met in special session on January 8, 2007, for 2006/2007 Certificated Contracts. Acting Board President Norm Wooten called the meeting to order at 7 p.m. ROLL CALL was taken, and the following members were present: Norm Wooten Peggy Tuttle Roy Brown Corrisa Smith CDR Scott Williams Lisa Johnson Dale Lhotka Angie Chervenak Maggie Yngve David Wages Dave Jones Kyle Trout Scott Christiansen 1. 2006/2007 Certificated Contracts — Administration has one certificated contract prepared for Board approval. MOTION ROY BROWN moved to approve a certificated contract for the 2006/2007 school year to Jennifer Herlyn — BA +0/0 in the amount of $20,479, plus $614 Special Education Stipend for 1.0 FTE Peterson Elementary School/Itinerant. PEGGY TUTTLE seconded the motion and it carried unanimously by a roll call vote of all members present. MOTION ROY BROWN moved to adjourn the Special Meeting. PEGGY TUTTLE seconded the motion, and it carried unanimously by a voice vote of all members present. There being no further business, Acting President Norm Wooten adjourned the Special Meeting at 7:04 p.m. p ECERIE II JAN 3 0 2007 D BOROUGH CLERK'S OFFICE School Board Special Meeting January 8, 2007 Page 2 Respectfully submitt Karen DeGuzman Executive Secretary Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of January 22, 2007. Clerk of the Board CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by CHAIR SIROFCHUCK on November 28, 2006 in the KIB School District Conference Room. ROLL CALL 1 Committee Members Present Excused ; Absent , Others Present Mike Sirofchuck -Chair t— X — 1 Sheila Smith i Hans Tschersich j X Community Development Dent. Pam Foreman X X Kevin Foster Jeff Huntley 1 Patrick Saltonstall j Andy Schroeder Cassandra Juenger i Vacant KODIAK ISLAND BOROUGH PARKS & RECREATION COMMI' REGULAR MEETING - NOVEMBER 28, MINUTES ECEIVE JAN 1 2 2007 BOROUGH CLERK'S OFFICE X X X X A quorum was established. III. APPROVAL OF AGENDA COMMIT I'hE MEMBER FOSTER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER SIROFCI and CARRIED 6 -0.. MINUTES OF PREVIOUS MEETING There were no minutes for approval. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A) Revised Draft recreational Amenities Ordinance CHAIR SIROFCHUCK stated this appears to be the latest version of the draft ordinance. COMMIT LEE MEMBER FOSTER recommends looking at the emails that were received after the last meeting because they dealt with the draft extensively already. 11/28/2006 Parks & Recreation Committee Meeting Minutes Page 1 of 5 CHAIR SIROFCHUCK stated we will start with Hans email, A. under 16xx030. COMMITTEE MEMBER SALTONSTALL stated it says "current" referring to the road system. Antone Larsen Bay is not currently part of the road system now because it is not maintained year round, but if that road does become maintained year round then it should become part of the road system. COMMIT 1EE MEMBER FOSTER said if you read this, at any specific time you read this it is current, so if Antone is included at the time the stuff goes to Planning & Zoning for subdivision currently it will be the current road. COMMITTEE MEMBER JUENGER said (inaudible) not what the current road system is now. COMMITTEE MEMBER SALTONSTALL suggested just taking out the word "current." You could make it convoluted and say "one mile from the road system" and take out "current." COMMITTEE MEMBER FOSTER stated he has a hard time believing this sort of thing has not come up before with Planning & Zoning. Dvorak was adamant about keeping the language the same in this as it is in the Planning & Zoning documents. Foster reads it to say at the time it's put into the document. CHAIR SIROFCHUCK suggests flagging this for Dvorak because we don't have the knowledge to make that decision. Our concern is 2006 being past at the time. Our intent is that the road system at the time the person is subdividing. CHAIR SIROFCHUCK asked about B. under 16xx030. After a discussion, it was the consensus of the committee to delete "The determination of" so it reads "The type of recreational facility recommended to the Planning & Zoning Commission will be as determined by the Parks and Recreation Committee after a public hearing and will comply with any applicable plan designations." COMMITTEE MEMBER FOSTER suggested working on COMMITTEE MEMBER SCHROEDERS' email now because it refers to 16.xx.030 also. CHAIR SIROFCHUCK stated yes, so we are on C. on COMMITTEE MEMBER SCHROEDERS' list. After a brief discussion, it was the consensus of the committee to flag this for Dvorak. CHAIR SIROFCHUCK they will go back to COMMI FI EE MEMBER TCHERSICHS' email to 16.XX.050 4. The committee is in agreement to fix the typo so it reads "manicured" on #4. CHAIR SIROFCHUCK stated they will move on to 16.XX.60 in COMMITTEE MEMBER TCHERSICHS' list. After a brief discussion, it was the consensus to leave 16.XX.060 A. as it is. VICE CHAIR FOREMAN stated the intent of B. that the trail isn't on top of the road. CHAIR SIROFCHUCK stated we will move on to 17.XX.060 C. After a discussion, everyone was in consensus for 16.XX.060 C to read "A 6 foot wide easement shall be established, if an easement does not already exist." VICE CHAIR FOREMAN stated what they were trying to get at in C. was that if it's an existing trail the same minimum standards as outlined in B. apply, so you can't just take a deer trail and say that's it. You would have to soft surface it or something. CHAIR SIROFCHUCK stated they will move on to 16.XX.070. 11/28/2006 Parks & Recreation Committee Meeting Minutes Page 2 of 5 After a discussion, the committee was in consensus that 16.XX.070 Financing shall read "If the developer includes a recreational amenity within and for the benefit of the subdivision/development..." COMMTI FEE MEMBER SCHROEDER stated in 16.XX.080 in D. and E the word "park" is used twice, and he suggests that not only parks need maintenance but trails be acknowledged also. How about changing it to recreational amenities. After a discussion, it was the consensus that in 16.XX.080 D. shall read "At the behest of the developer, a separate maintenance group shall be assigned to finance the maintenance of recreational amenities," and E. shall read "Maintenance of the recreational amenities ..." VICE CHAIR FOREMAN stated the P &Z work session is December 13 and the regular meeting is on the 20 NEW BUSINESS A) Budget Recommendations COMMI 1 1 EE MEMBER JUENGER stated the first meeting she attended COMMI Fl EE MEMBER FOSTER brought up (inaudible) budget for maintenance, so that caused concern as a new member. She emailed Smith and received a response from Dvorak and Smith and finally got a response back from Bud Cassidy, Director of Engineering & Facilities. His response was that borough does budget for maintenance of existing parks and facilities. The borough does have a full time maintenance person (Inaudible) who cuts the grass, minor repairs, and cleaning of different parks. The remote parks won't be taken care of as often. She didn't take it a step further in asking if one of us do something, what process do we take when we see something in need of repair. It satisfies her concern that the borough is budgeting money and personnel time to maintain our parks. The other answer that she got was the CIP list is where if we rank something higher that we can ask the borough to go for grants or special funds that they know of that's available in order to acquire new facilities or something special at a park. That's the process that we could do to make something a higher priority. VICE CHAIR FOREMAN stated it is coming up rapidly again. Once concern Parks & Rec has had is yes, they budget, but the question is is it enough. Are we taking adequate care of our parks? (Inaudible) Years ago we had a contract with State Parks. She asked Smith if she knew where we stand on with the memorandum of understanding or agreement with the school, city, borough, and parks for maintenance. One of the things that keep surfacing is yes, we are budgeting some, but we're not budgeting enough. COMMITTEE MEMBER JUENGER stated that we need to let them know there is concern that they're not budgeting enough. Maybe this person has limited time, and they are budgeting what they can at this time but if it's not enough maybe they need to budget more to allow for an outside contractor. (Inaudible) what you budget and what you spend (inaudible). COMMII TEE MEMBER SCHROEDER (inaudible) VICE CHAIR FOREMAN stated when something reaches critical mass then something happens sometimes. CHAIR SIROFCHUCK stated the troopers use to go out to White Sands Beach once a week. VICE CHAIR FOREMAN said budget wise we should remember that come the first of the year it's time for us (inaudible). She doesn't know if they should keep it on the agenda. CHAIR SIROFCHUCK said if there is a particular part that (inaudible) then we may discuss that and make some sort of recommendation (inaudible) Termination Point. COMMUNICATIONS There were no communications. 11/28/2006 Parks & Recreation Committee Meeting Minutes Page 3 of 5 REPORTS A) Meeting schedule: • December 12, 2006 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • December 26, 2006 regular meeting at 7:00 p.m. in the KID School District Conference Room. CHAIR SIROFCHUCK requested canceling the meeting of December 26 There were no further reports. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS COMMITTEE MEMBER JUENGER stated she attended the meeting that the Clerk's office put on on a Saturday. COMMITTEE MEMBER SCHROEDER stated he attended a meeting the end of October for Safe Routes to School. Things are starting to gear up. The PTA and North Star School have been driving this issue for safety and track of safety around North Star. This is a statewide pilot project for Safe Routes to School. DOT and RTCA are committed for this to be a success. Hopefully, East Elementary will be getting on board because he has concerns also. COMMITTEE MEMBER SCHROEDER also said he will be gone from December 17 to January 31 COMMITTEE MEMBER FOSTER stated he was a little hasty about approving the agenda because the one item he wanted on it was about teleconferencing, and he asked at the last meeting and would like to know the status of getting the agenda ahead of time. VICE CHAIR FOREMAN said we got an email back from the Clerk's office concerning teleconferencing. COMMITTEE MEMBER FOSTER stated as he understood it we would have to vote on it. Smith stated she took it as they were to discuss it, and be in agreement. VICE CHAIR FOREMAN proposed having the discussion right now since everyone is here except Huntley. They were in consensus that they need the packet ahead of time or emailed to them in order to teleconference effectively. They feel comfortable voting while teleconferencing if they have enough information. COMMl1 I'EE MEMBER TCHERSICH said he could set up an email account. The committee asked Smith if the packets can be put on the website ahead of time. Smith stated Lori Demi is the one who puts info on the website. In the future all the packets will be put on the website. VICE CHAIR FOREMAN asked Smith if she could send out an email asking for agenda items a week in advance Smith replied yes, that's no problem. VICE CHAIR FOREMAN stated the public meeting for the Comp Plan at Peterson Elementary is the same night as our meeting. Do we go or have our meeting. Or the Comp Plan meeting can be our meeting. 11/28/2006 Parks & Recreation Committee Meeting Minutes Page 4 of 5 COMMI1 FEE MEMBER SALTONSTALL said he would rather go to the Comp Plan meeting. COMMITTEE MEMBER SALTONSTALL state there is a State Parks Advisory Board meeting on December 5 They will be discussing fees, parking, the campgrounds, and the trail in the park. ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. VICE CHAIR FOREMAN MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER COMMITTEE MEMBER SALTONSTALL, and CARRIED by unanimous voice vote. CHAIR SIROFCHUCK welcomed Juneger, and he thanked Schroeder for all the things he bas been doing for Parks, and he thanked everyone for working so hard while he was gone. The meeting adjoumed at 8:20 p.m. ATTEST By: Pi Qn c mt Sheila Smith, Secretary Community Development Department DATE APPROVED: January 9, 2007 11/28/2006 Mike Sir0chuck, Chair Parks & Recreation Committee Meeting Minutes Page 5 of 5 CALL TO ORDER KODIAK ISLAND BOROUGH PARKS & RECREATION COMMI REGULAR MEETING - NOVEMBER 14 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by VICE CHAIR FOREMAN on November 14, 2006 in the KIB School District Conference Room. ROLL CALL Committee Members TPresent I Excused 4 I Mike Sirofchuck -Chair ; X 1 Hans Tschersich X Pam Foreman I X Kevin Foster X — + Jeff Huntley i Patrick Saltonstall j Andy Schroeder 1 X j X r- X Absent Others Present BOROUGH CLERK'S OFFICE 1 I f l 0\ U JAN 1 2 2007 D Duane Dvorak 1 j Community Development Dept. Sheila Smith Community Development Cassandra Juenger 1 Vacant A quorum was established. HI. APPROVAL OF AGENDA COMM11 IEE MEMBER SALTONSTALL MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER FOSTER, and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING COMMISSIONER FOSTER MOVED TO APPROVE the minutes of September 12, 2006, September 26, 2006, and October 24, 2006. COMMISSIONER SALTONSTALL SECONDED the motion, and it CARRIED unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A) Draft Recreational Amenities Ordinance COMMITTEE MEMBER FOREMAN said she attended the P &Z Special Work Session. The Commission had a lot of questions regarding one section. She proposed that we figure out how to phrase it so we can get it through Planning & Zoning. 11/14/2006 Parks & Recreation Meeting Minutes Page 1 of 10 Dvorak said it was 17.XX.030 General Regulations. He said they wanted to know about the application of the ordinance geographically where it would apply, and the magnitude of subdivision that would kick it in. Dvorak said on the subdivision application form in the fee box it stated up to 12 lots is the rule. After 12 lots the fee goes up. It seemed like a natural dividing line between what we consider a small scale subdivision from a large scale subdivision. There won't be many subdivisions with more than 12 lots in the existing urban suburban area, which leaves retrofitting pocket parks into the existing neighborhoods. For new areas where there are still open spaces, newer large subdivisions would be born with pocket parks built in. This can be a natural trigger, it's already on the fee schedule. COMMITTEE MEMBER SALTONSTALL suggested making it by the size of the land rather than by the number of lots. Maybe by the acre. VICE CHAIR FOREMAN asked how many lots to an acre. Erin Whipple said 5 lots to an acre in town in RI or R2. Dvorak stated that looking at subsection B. the last sentence says "improvements are typically only required when specifically identified in a formal land use plan." If we were to adhere to that it would only be applicable when it's including a plan in addition to it's based on a number of lots or lot size. There's more to think about than lot size. COMMIT LEE MEMBER SALTONSTALL wondered how to make it always applicable. The developer would have to give money to a pot or it always applies if there is more than an acre. COMMITTEE MEMBER FOSTER it's pretty self explanatory, "it shall apply to all lands within a mile of a designated populated area, according to the U.S. Census." For instance, is Old Harbor in the U.S. Census? So we are talking about villages too. VICE CHAIR FOREMAN said that hasn't even come up. COMMITTEE MEMBER SHROEDER pointed out inconsistencies starting with subsection A.- Applicability, "the chapter shall apply to all lands within a mile of a designated populated area," and then in subsection C.- Density Calculations it says "for the first 10 lots created outside of a mile of a designated populated place, 10% of the land shall be dedicated as either a pocket park or open space or any combination of the two." There is nothing that says what applies to the lands within a mile of a designated place. There is no provision here for anything that is within a mile of a designated populated area. Dvorak said we need to take it a section at a time. Building codes apply within a mile of a maintained road system. That applies to Chiniak, Pasagshak, Narrow Cape, Chiniak Highway, Monashka Bay Road, but it doesn't include Saltery Cove Road or Antone Larsen Road. That is our definition of the road system from a building code standpoint. VICE CHAIR FOREMAN said she expects to see development areas come up in Kalsin Bay , Omar's land, and native land that come open. If we don't write this carefully none of this will apply to any of those areas. Do we think (inaudible) should apply if there is development of 10 lots or more in Kalsin Bay. Maybe we should look at our intents, are we only talking about already developed areas or are we trying to look far enough into the future to talk about some other areas too. Whipple said we need to tie it to the zoning code because there are urban and rural zones, but zones can be changed. Dvorak said we do want to incorporate pocket parks and open space in for the future, but if you're a mile off the maintained road system then you're probably not in a high traffic area. If you were in a high traffic area you would no longer be a mile off the road system, whatever road you use would be a part of the road system, and if you are that far back off the road chances are you are surrounded by open space. However, in subsection F it says "the following recreational amenities requirements apply to all residential zones." Perhaps in terms of applicability in subsection A. we should say "all residential zones except Conservation." 11/14/2006 Parks & Recreation Meeting Minutes Page 2 of 10 The Conservation zone has a five acre lot minimum to allow for agriculture, fishing activities, set -net sites, and small scale lodges. With a five acre lot minimum he questions the need for open space amenities in that scenario When you talk pocket parks, you are talking quasi public amenity. You are talking about people who want services from the Borough, and when people who live on 5 acre lots a mile off the road system don't want services or pay higher taxes. We can't project services to remote corners. If it involves Borough staff planning for these things you have to focus on areas where the highest number of people are. That may be where the census thing came from. He has a hard time grappling with the populated area definition because it's not similar to any of our codes. The expectation of services in rural areas is different. COMMITTEE MEMBER SHROEDER suggests taking Dvoraks' suggestion to try to get something that works for the place that we wrote this ordinance for, the City of Kodiak and the road system. If we inadvertently include some people that should be excluded P &Z will point that out. Tonight we should try to find some kind of metric, whether it's zoning or a number of lots with this mile radius, we figure out applicability, and if the ordinance does apply what should be done. Dvorak said he will just say "within a mile of the maintained road system" He will make notes here. When you talk about road system, you are talking about year round maintenance that requires snow removal or grading in the winter. COMMITTEE MEMBER FOSTER said the only place people are really concentrated is within city limits. VICE CHAIR FOREMAN said today we are, but what happens 10 years from now when this code hasn't changed and Lesnoi land opens up in Middle Bay and Kalsin Bay. COMMITTEE MEMBER FOSTER said we are still limited with the space that we are going. VICE CHAIR FOREMAN asked if we continue the sentence under A. Applicability to say "this chapter shall apply to all lands within a mile of a maintained road system," and strike the rest of the sentence. It was the consensus that all members agreed they liked that language. Dvorak stated the Borough has adopted Parks & Recreations'(inaudible) on a area wide basis, which means the Borough doesn't exercise any park authority within the City of Kodiak or second class cities within the Borough VICE CHAIR FOREMAN said this is not a Parks & Recreation ordinance. If this passes it becomes a subdivision ordinance. Dvorak said you get to define through the applicability section of where it applies. When we require water and sewer improvements to be made in areas where it's available the subdivider has to create and construct amenities, which are then dedicated back to the public. Same with the roads. This is that type of situation where the land would be dedicated back to the public even though it may be maintained at the local level. The Borough would accept the dedication but we can't accept dedications in other cities. If a pocket park were dedicated in Old Harbor, it would be dedicated back to the city of Old Harbor. VICE CHAIR FOREMAN said it talks about pocket parks being the responsibility of the neighborhoods. Dvorak said to maintain not to own. If you want to have it applicable within the cities then we have to go to the next step and create some clarifying language that says "subject to acceptance by the local community" because the Borough can't accept the dedication within the city limits. VICE CHAIR FOREMAN said in the worst case scenario, the city annexes a lot of land when this is in subdivision code, but we can't enforce it within the City's' new annexed land. Dvorak explained if the land has already been dedicated to the Borough, part of the annexation would cover the transferring of assets. VICE CHAIR FOREMAN said what if it's undeveloped land that they annex. It's Borough land non dedicated, they annex it in then a developer wants to develop it, and then they develop it. Will this apply? 11/14/2006 Parks & Recreation Meeting Minutes Page 3 of 10 Dvorak stated it depends on how it's defined. If you say it's applicable in the city then ultimately the city has to decide whether they are willing to accept the dedication at the time of the subdivision. VICE CHAIR FOREMAN said what if the city won't accept the dedication. Dvorak said it gets more complicated when you have more governments involved. Whipple asked if there can be options if the city doesn't want it can someone else take ownership of that green space, such as a non - profit or the Borough Is there anything that says the Borough can't own green space in the middle of city limits? Dvorak said there are lots of kinds of ownership. The Borough could buy it and take title to the land, but the Borough can't take a dedication to it When the property owner dedicates land to the public they don't always get titled the way they normally get titled. A dedication is vacatable through 16.60 of the Borough code. If there is an unused road right of way people can request a vacation. There is always a kind of reservation on that land that it can't be dedicated, but it can be vacated. The Borough doesn't have the same kind of title as it does as when it buys land. COMM11 TEE MEMBER FOSTER said in this language if we put "any Borough land that gets turned over to the City that portion of those lands, if there's a subdivision, it does apply. It doesn't have to be owned by the Borough as long as there is a park. COMM11 1EE MEMBER SHROEDER said if we leave the city alone (inaudible) jurisdictional issue. Is that where our core lands are and what can we do about those. VICE CHAIR FOREMAN said most subdivision activity has happened outside of city limits. City limits seem to expand after that happens which maybe that solves this problem. FOREMAN asked Dvorak what subsection B Determination of Improvement means Dvorak stated he recommends striking that and replacing it with "subject to Parks & Recreation Committee review and applicable plans" so it doesn't have to be specific. You could look at the general development pattern- densities, whatever other amenities may be included in that area, what kind of transportation improvements, schools, and so forth. Then you can make a call what kind of need there is on a case to case basis. He doesn't see Borough Land Use Plans as the way to go at this initial stage. On the last page, under Implementation Policies, this is where it talks about dedications for improvements. Dvorak believes some of these amenities if not all of them will be coming to the Parks & Recreation Committee anyway. He feels they should make the call as they see it, just like a required site plan review before the committee. Let the developer take the first cut, and then fine tune it according to the ordinance, assuming they have prepared their site plan in accordance with their interpretation of the ordinance. The committee members were in consensus that sub - section B of the General Regulations shall read "the determination of the type of recreational facility recommended will be as determined by the Parks & Recreation Committee after a public hearing review and will comply with any applicable provisions of any plan designations." Dvorak stated you can choose from the 3 options: open space, pocket park, or trail or path amenity. You get to choose what would be most appropriate or needed amenity in that instance. The reference to applicable provisions of any plan designation doesn't mean you have to be limited to a specific identified park improvement but that you can look at the plan designations and see what works best for that neighborhood or subdivision. You get to pick it on a case to case basis. Dvorak said the goal is to get this on the December Planning & Zoning Commission. agenda. It would be nice to get it back before the commissioners step off because of the end of their term. They have some passing familiarity with this, in particular the commissioners that were at the special work session. We can tune this up at your second meeting assuming everyone will be there. It is already on the December P &Z agenda. We can finish this up at your meeting on November 28 then circulate it by email, and try to facilitate the review process. 11/14/2006 Parks & Recreation Meeting Minutes Page 4 of 10 VICE CHAIR FOREMAN asked who is available for our next meeting. Sirofchuck will be back and hopefully Cassandra will be here. Dvorak said he will be gone also. COMMITTEE MEMBERS FOSTER and HUNTLEY said they are leaving a couple of days after Thanksgiving. Dvorak stated this is the only real section that got significant discussion at the work session, and when they referred it back to Parks & Rec they were really tallcing about just this section. COMMITTEE MEMBER FOSTER said he feels they already have it figured out. What we talked about first worked for him, B they just took care of, and C. we are going to strike because of A. COMMIT 1 EE MEMBER SHROEDER said to strike C. entirely. COMMITTEE MEMBER FOSTER said it's outside a mile so applicability says we're dealing with a mile. VICE CHAIR FOREMAN said we got rid of that and we focused on the first 10 lots. Sub section C is our spot where we may be able to say how many lots. Not just any subdivision, if someone subdivides and creates only 5 lots is it reasonable to expect them to put a park in. No. Are you going to make this applicable to any size subdivision? She thinks sub section C is where this should be figured out. Get rid of "created outside a mile." "For the first 10 lots created 10% of the land shall be dedicated as either a pocket park or open space, or any combination of the two." Is that how you want to phrase it? VICE CHAIR FOREMAN asked Dvorak if we had already covered this Dvorak said when he looks at 17.XX.040 Pocket Parks sub section A, pocket parks shall be at least'/ acre. If he is looking at 10 % of land area ''A acre is about 10,000 square feet and some change. If we are talking about 10% of 11,000 then you are talking about 111,000 square feet, it is about 2 to 2'/i acres. COMMITTEE MEMBER SALTONSTALL said 2 % acres is about 10 lots. Whipple said in an R zone. VICE CHAIR FOREMAN said if she has 2 acres in an urban area, 2 acres equals about 10 lots. Is it reasonable to expect that she will take 10% of that 2 acres, which comes up to 8,712 square feet. Is it reasonable to expect she would take slightly better than 1 lot? COMMIT 1EE MEMBER FOSTER said it is '' /. acre. Whipple said it is not '/a acre. Dvorak was saying 10% doesn't necessarily equal ''A acre. If you go for 10% and leave pocket park at '/a acre you may never get a pocket park, you may get a green space or a trail. Dvorak said he doesn't know why we have 3 options here when sub section C only offers pocket parks or open space or any combination of the two. Why aren't we taking advantage of all three options. COMM11 TEE MEMBER SHROEDER agrees with Dvorak and would also add trails, and once we end up with square footage, the minimum which is about.2 acres or about 9,000 square feet. We know the developer is not going to want to improve it, but we will be the body that allows him to leave it as an open space. Maybe we can set additional criteria for once this kicks in if it's 8,000 or 9,000 square feet they can leave it as open space, once it gets to 20,000 square feet they can do some real improvements on the land or a trail. It becomes more meaningful once the square footage increases. The more the developer develops in the area the more we need a recreational amenity. VICE CHAIR FOREMAN said Schroeder is saying that is the point where some kind of financial amenity kicks in. COMMITTEE MEMBER SHROEDER said since we have this review capability, we have our guidelines but what we expect from this set aside our expectations will be based on the surrounding populations, size of 11/14/2006 Parks & Recreation Meeting Minutes Page 5 of 10 area, and the proximity of other amenities. We can set our criteria for what will be done with the set aside land. Dvorak said the language for sub section C in striking the first part of the sentence to the point of 10 %, so it reads "10% of the land shall be dedicated as either a pocket park, open space, pedestrian way, or any combination of the three." You get 10% and if it turns out 10% is less than Y< acre then you can't take advantage of that option. However, if you end up with more than ''A acre you could have a pocket park or any combination of the three as you see fit. You look at the plan and at the context, and then decide what amenities are needed. Whipple asked if that was 10% regardless of how much land they are developing or how many lots they are creating. Dvorak said 10% is at least a way to trigger this. VICE CHAIR FOREMAN said if they develop an acre then the 10% kicks in too, is that what you are saying Dvorak stated yes. Whipple said the only concern she would have is if someone comes in with a large lot, 16,000 square feet and wants to split it in half Does he still have to give 10 %? A lot of what comes through is people who originally purchased a large lot, in an area where the minimum lot size is 7,200 square feet, and they've decided to subdivide in half to sell the other half to his brother in law. There should be a minimum at which this kicks in. Dvorak referred to the subdivision application form and said we have different subdivision procedures. Where it says staff use only, there is the preliminary plat procedure up to 12 lots, and the 12 lots only applies to the fee schedule. Preliminary plat procedure is the same regardless of the number of lots. Below that is the abbreviated plat procedure, it is for small scale subdivisions where you may be moving a lot line or you can subdivide up to 4 lots which includes the remainder of the mother parcel. Another sentence would be appropriate to say "10% of the land area shall be dedicated as either a pocket park, open space, pedestrian way or any combination of the three. This chapter will not apply to subdivisions which qualify for the abbreviated plat procedure." VICE CHAIR FOREMAN repeated it for clarification, "this chapter shall not apply to subdivision eligible for the abbreviated plat procedure." Is that correct? Dvorak said yes. It was the consensus for sub - section C of General Regulations to read "10% of the land area shall be dedicated as wither a pocket park, open space, pedestrian way or any combination of the three. This chapter will not apply to subdivisions which qualify for the abbreviated plat procedure." COMM11 1 EE MEMBER SHROEDER asked if our working number is 5. Whipple said it means your working number is 28,800 sq. ft., or 4 lots, or just over %x acre. COMMITTEE MEMBER SHROEDER asked if it is truly pocket parks, open space, or any combination of the three, are we going to have any guidelines for what the improvements shall be. Are there any provisions for us to influence what they do with open space? VICE CHAIR FOREMAN asked if they want to put guidelines in that tell us or future counterparts that there should be some requirements that there are some improvements. Whipple said that's what the review is. COMMTI 1EE MEMBER SHROEDER asked if we influence it or do we let it happen. We could say we don't have any trails here or open spaces. We want only 5% of your land, but we want you to improve it. 11/14/2006 Parks & Recreation Meeting Minutes Page 6 of 10 Whipple asked Dvorak if this ordinance will provide this kind of flexibility. Dvorak stated he doesn't know, it's one of those ordinances that until it's actually tested by the public and developers, it's kind of hard to anticipate. He thinks they have crafted a fairly flexible program. Whipple said from start to where you are now, is to have something that doesn't have a house on it. If it never gets playground equipment on it or geo- surfaced across the trail there will still be an open space. VICE CHAIR FOREMAN proposed they move on from C and go to D. Dvorak stated this refers to the nature of subdivision where you could have different forms of ownership, such as partnerships. For example, two different property owners who own 5 acres each, but they wanted to develop a 10 acre subdivision. They will vacate the lot line between their 2 parcels, and then make 20 lots. When we get the final plat, we get the certificate to plat which is like a limited title search and it will say as to parcel 1 these are the owners, and it could be husband and wife have the fee ownership and then the beneficial interest may be assigned to Wells Fargo Mortgage Company. As to parcel B, it could be owned by a single developer in fee simple with no mortgages. So there are 2 parcels owned by 2 different parties that came together for one project. The numbers will be crunched on the whole project. VICE CHAIR FOREMAN asked for any comments on D and E She then read sub section E. Dvorak said it's a variation of the theme. With the language change in C it is clearly all three options, it just restates it. Sub section B supports this. It sends a message to the developer that he could propose a mix and match scenario. He suggests leaving E alone. VICE CHAIR FOREMAN stated we would review it under B, make a recommendation to the commission, and then the commission would have the final say. In B, do we need to make a reference that after this public hearing review Parks & Rec makes its recommendation to the commission? Dvorak said sub section B will read "the type of recreational facility recommended to the Planning & Zoning Commission will be determined by the Parks and Recreation Committee." VICE CHAIR FOREMAN read sub section F. She asked Dvorak if he recommended removing Conservation zones. Dvorak stated this should be considered for removal .It should apply to all residential zones except Conservation. It's a 5 acre lot minimum and is intended for really rural areas. COMMITTEE MEMBER SALTONSTALL asked about Boy Scout Lake. Whipple (inaudible) Dvorak stated the bulk of that property is currently zoned R2. VICE CHAIR FOREMAN said part of the Comprehensive Plan process is to look at things and determine whether there are some recommendations for zoning and code changes, if we are specifically referring to the Conservation zone here assuming it means what it currently means which is 5 acres, and then it changes. Would we automatically go back to review this again. Dvorak stated if the Conservation zone were changed we would need to go back and do a global word search. This caveat would only apply within 1 mile of the road system. VICE CHAIR FOREMAN asked what the residential zones are. Dvorak stated there's R1, R2, and R3 Then there's RR1 and RR2. COMMITTEE MEMBER TCHERSICH (inaudible) VICE CHAIR FOREMAN asked if we need to tweek pocket parks shall be at least a % acre in area based on our previous conversation that is under the next 17.XX.040. This is now subdivision. 11/14/2006 Parks & Recreation Meeting Minutes Page 7 of 10 Dvorak said the next time you see this it will be 16.XX and oriented in a new chapter in the subdivision code. Whipple said because this is suppose to be ADA accessible you might want to talk to Engineering & Facilities to find out what the smallest pocket parks with benches, trash cans, and that sort of thing are because there are new standards for playground equipment. VICE CHAIR FOREMAN asked Dvorak if he has any recommendations for the size thing. Dvorak stated a '/a acre is 10,890 square feet. If you wanted to round it out you could. VICE CHAIR FOREMAN said she wants to have it clear. She has a %z acre and 10% would be 26,000 sq. ft., so on a' /z acre subdivision this wouldn't happen. Whipple said a'' /z acre subdivision is barely going to meet your minimum. Dvorak said that figure is 21,780 sq. ft, and 2,178 sq. ft. would be 10% of that. COMMITTEE MEMBER SALTONSTALL said the smallest we're going to get is 2800. Whipple said you are not excluding people with smaller sizes from putting other developments in there. VICE CHAIR FOREMAN said she is trying to clarify when we're required to (inaudible). Whipple said some developers if they have to give up the land may very well go to the expense (inaudible) open spaces or putting in some. COMMITTEE MEMBER SALTONSTALL said a pocket park means it's going to have to be a subdivision bigger that 2 %z acres. COMMIT LEE MEMBER SHROEDER excused himself from the meeting at 8:40. VICE CHAIR FOREMAN asked what is the key to kick in an abbreviated plat review. Dvorak stated the abbreviated plat procedure is established in KIBC 16.30 and you have to be creating 4 lots or less to qualify. VICE CHAIR FOREMAN asked Dvorak if everything would be changed to reflect Title 16. Dvorak stated in terms of formatting, we can make the edits or we can do a markup to allow for edits to be seen. VICE CHAIR FOREMAN asked Dvorak to tweek it with the tracking capabilities, and if it's possible to get it to us a couple days before the next meeting. B) Safe Routes to School Presentation Dvorak stated to save time he will email the PowerPoint presentation to the members. The Trail Improvement Technical Assistance grant from National Park Service will be contacting us to set up a program, but in the meantime, they sent us material that talk about kids getting to school. Dvorak will email this material to the members also. VICE CHAIR FOREMAN proposed to keep Safe Routes to School on the agenda under Old Business for next time in case someone has trouble viewing the presentation. NEW BUSINESS A) Parks Budget Review Dvorak stated this was an item that was requested by Cassandra Juenger, our newest member, and she wanted to know what the parks maintenance budget is. COMMITTEE MEMBER JUENGER was going to come up with a work plan for the rest of the fiscal year after looking at how much money is available, and discussing where the money should be spent to get our parks back into shape. We obtained these from the 11/14/2006 Parks & Recreation Meeting Minutes Page 8 of 10 department budget. Parks operation and maintenance is part of Engineering & Facilities, it's part of Building and Grounds, and it has 1 maintenance person, Dave Weinand, for all buildings and grounds. The budget has $6,900 in contracted services for things like plowing and graveling the parking lot in the winter. If we hire someone to do things that Weinand can't do then that money comes from contracted services. What you have is $16,065 for the entire year of park operations and maintenance of which we have spent $4,934.57 as of the date of this printout. We've expended 24% of the budget and that represents about 1/3 the year. You can see the breakdown, and on the last page you will see some journal entries that represent hiring someone for repairs. VICE CHAIR FOREMAN asked what the total amount of acreage of parks. Dvorak said rather than coming up with some sort of work program for the rest of this year, staff's recommendation is if you want to get into the business of making recommendations on the day to day operations of park maintenance is to think next fiscal year. Try to get into next fiscal years' budget some serious dollars and come up with a plan of how it will be applied. Lastly, follow it along through the process to the Commission and then to the Assembly. COMMUNICATIONS There were no communications. REPORTS A) Meeting schedule: • November 28, 2006 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • December 12, 2006 regular meeting at 7:00 p.m. in the KIB School District Conference Room. Dvorak stated the Borough website is being updated. The list of Parks & Rec Committee member hasn't been updated for some time. Committee members should check out the website from time to time, and notify staff if you see anything that needs updating. The website address is www.kib.co.kodiak.ak.us. It is part of our new web re- design, we will be getting a new user friendly address that is a lot smaller. Dvorak also said the consultants will be here in December. If you are on their list you should have been notified already. Dvorak announced that Bud Cassidy will be the new Community Development Director once a replacement is hired for Engineering and Facilities. VICE CHAIR FOREMAN finds it very encouraging that someone local has been hired. VICE CHAIR FOREMAN encourages everyone to attend the Comp Plan meeting. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS Kevin Foster said he will be going out of town, and probably won't be here for the December 12 meeting. Foster inquired about teleconferencing the meetings and would like the packet emailed to him early so he can be up to speed during the teleconference. Pam Foreman said we already asked for a draft of Recreational Amenities so we could have time to review it, and it would save us time if people could read the minutes and packet ahead of time. If nothing else, setting the agenda is between the chair and staff. Dvorak stated he suggests setting a target for what day you need it by in order to have time to read it. If we don't have a clear target it's hard for us to make it happen. We will start with the agenda and see how that goes. 11/14/2006 Parks & Recreation Meeting Minutes Page 9 of 10 Kevin Foster said for him the agenda would be fine, just so he knows what is going on at the meeting. Pam Foreman said how about the agenda by Monday afternoon, if not Tuesday morning at the latest. If there are things like the Recreational Amenities then Monday aftemoon so we have at least a day. Don t worry about the minutes just send the packet material. Jeff Huntley said some of the members are about to expire. Is the process still the same? Smith said the Clerk's office has the applications. Andy Schroeder asked when they have to apply by. Pam Foreman said the Assembly will review committee appointments in December. Dvorak stated they cancelled their 2 meeting in November, but they need to have the appointments done before the end of the year. Their next meeting is December 2 with the work session 1 week prior on November 28 and the agenda deadline is the Friday before that, which would make it Thanksgiving week. There is also an outstanding vacancy so go out there and collar some people. Hans Tchersich said the minutes from September 26 should show him as excused. Pam Foreman said she attended the P &Z Special Work Session. They were digging in depth trying to finalize the Womens Bay Comp Plan. Part of the conversation was concern about Jack & Lee Lakes area, and trying to come up with a realistic trail plan for that specific area because it's like a corridor for ATV users and some motocross bike users. She thinks they will be coming to this committee looking for some ideas and help on trying to come up with a realistic plan that will accommodate the needs of the users. Foreman suggested having a Bells Flats person on the committee. Take a look at the comprehensive plan. Foreman will not be here for the P &Z meeting on December 20 but she will be here for the work session on December 13 ADJOURNMENT VICE CHAIR FOREMAN requested a motion to adjourn. COMMITTEE MEMBER HUNTLEY MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMM11 BE MEMBER SALTONSTALL, and CARRIED by unanimous voice vote. The meeting adjourned at 9:15 p.m. ATTEST By: CJ t 1 Sheila Smith, Secretary Community Development Department DATE APPROVED January 9, 2007 KODIAK ISLANISBOROUGH PARKS & RECREATI N COI M1111iE By: Mike Sirofchuck, Chair 11/14/2006 Parks & Recreation Meeting Minutes Page 10 of 10 Committee Members Present Absent Excused Others Present Mike Anderson X Martin Lydick Tom Abell X Community Development Dept. Gary Carver X Sheila Smith Dave King X X Community Development Dept. Bill Oliver Andy Teuber X Thomas Trosvig X Vacant Vacant ROLL CALL KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITTEE REGULAR MEETING- DECEMBER 4, 2006 MINUTES Uv Ls u CALL TO ORDER The meeting of the Gravel Task Force Committee was called to order at 5:42 p.m. by CHAIR LYDICK ON December 4, 2006 in the KIB conference room. A quorum was established. APPROVAL OF AGENDA COMMITTEE MEMBER TEUBER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER CARVER, and it CARRIED 4 -0. APPROVAL OF MINUTES COMMITTEE MEMBER TEUBER MOVED TO APPROVE the minutes from August 7, 2006 October 2, 2006, and November 6, 2006 as presented. The motion was SECONDED by COMMITTEE MEMBER CARVER, and it CARRIED 4 -0. OLD BUSINESS A. Update of Salome Creek exploration Lydick reported he has been in contact with the Borough Manager and the Director of Engineering and Facilities Department. They had a meeting last week to discuss this. It was agreed that the ball had been dropped by other people in the chain. It is his belief that the consensus of the Borough Manager and Director of Engineering and Facilities that it is a viable plan and they did have a administrative means to pay for the exploration and contract as recommended last month. We made no changes at that time, and the meeting closed when the Director of Engineering and Facilities was going to contact the contractor we had recommended to see if they were still interested in doing the work. We have a number of people interested in being there when we are doing it. 12/4/2006 Gravel Task Force Meeting Minutes Page 1 of 3 LS JAN 1 7 2007 BOROUGH CLERK'S OFFICE After a discussion it was the consensus that someone who has knowledge of sampling be there, and to generate a list the people to contact starting with: Mike Martin Dave Heuman Gravel Task Force Members Martin Lydick Mike Anderson Patrick Saltonstall KISA representative Bud Cassidy Borough representative Tom Abell WB Community Council Fish & Game ? COMMITTEE MEMBER CARVER feels we should pick a date with a couple weeks lead time. Lydick stated Bud Cassidy was going to contact someone, so he will follow up on it. NEW BUSINESS A. Discussion of Policy Recommendations. Lydick stated this is the first time COMMITTEE MEMBER TEUBER has seen this information, and these handouts that have gone out to give the task force and idea of the types of zoning ordinances that pertaining to do with gravel or sand extraction activities that goes from the minimum, which would be the Kodiak Island Borough all the way up to the very detailed, which is the last one from New Mexico. He has asked the committee to look at these and note in the sections and on the comment page of what they liked or didn't like about them. He doesn't think it is something we're going do in the next 30 days because it is a lot of material. When he thinks of the policy recommendations he visualizes what they have currently by stating we will have different performance standards in the district where it is permitted, basically the industrial zoning district or we can recommend that extraction activities are flat out a conditional use in any zoning district, which would bring it up for a public hearing and at that time the Planning & Zoning Commission would be able to put any conditions of approval which they felt necessary according to the particular site and the impacts of the sites they see, or we could go the other way and say we are going to have a whole new code or chapter section dealing with extraction activities regardless of the zoning district. Maybe we should make small changes rather than get shut down or not listened to. After a discussion, it was the general consensus that we focus our attention on what we have locally to control these. If we find a weakness in it that particularly hurts people or the community is upset about, then let's try to identify that hole in the local code, how to close that hole, and what kind of patch material do we want to apply. Lydick stated he would not be here for the January meeting. After much discussion it was the consensus that the committee needs to go through this line for line, section by section, and page by page. Take the existing code, take sections of it and do it sequentially to see what we want to change, add, or delete. Staff will follow up on asking the absent members to go through the zoning district packet and fill out the comment sheets in the back or highlight what they like or what they don't like. Staff will put it on CD's to allow the track changes feature. The committee requested Smith to send several meeting reminders for the next meeting It was also the consensus to have a 3 hour meeting next time to allow them to work out more of the details. 12/4/2006 Gravel Task Force Meeting Minutes Page 2 of 3 Staff was directed to send the absent member the existing KIB codes and regulations to use as the frame work, and make changes, additions, or subtractions using these other plan as guides for possible ideas and language. Lydick stated he will follow up on the exploration at Salonie Creek to see where they are. COMMUNICATIONS There were no communications. REPORTS Meeting schedule: January 8, 2007 at 5:30 p.m. in the KIB conference room ADJOURNMENT The meeting adjourned at 6:45 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: January 8, 2007 c4 By: KODAK ISLAND,BOROUGH GRAVEL TASK FO I OMMITTEE Mart in Lydick - Chair 12/4/2006 Gravel Task Force Meeting Minutes Page 3 of 3 ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting - January 8, 2007 APPROVED: Motion to approve a certificated contract for the 2006/2007 school year to Jennifer Herlyn - BA +0 /0 in the amount of $20,479, plus $614 Special Education Stipend for 1.0 FTE Peterson Elementary School /Itinerant. APPROVED: Motion to adjourn. SUMMARY ECEO E JAN 1 1 2007 BOROUGH CLERK'S OFFICE ACTION ITEMS: APPROVED: PRESENTED: PRESENTED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — January 22, 2007 SUMMARY Motion to approve the minutes of the Regular Meeting of December 11, 2006 and the Special Meetings of December 18, 2006 and January 8, 2007. Board President Elizabeth Odell presented a high school diploma to Regional Leaming Center graduate Roman Rice. Board President Elizabeth Odell presented certificates of appreciation to East Elementary School Volunteer of the Month Ann Kirven and Main Elementary School Volunteers of the Month Sharon Lorenson and Everett Stone. Motion to approve a 2007/2008 Superintendent's contract for Betty Walters for a one -year period beginning on July 1, 2007, and ending June 30, 2008, and to set the Superintendent's salary at $101,490. Motion to approve a certificated contract for 2006/2007 school year to Pamela Dupras — BA +0/4 in the amount of $21,213, for 1.0 FTE 85 days Kodiak Middle School, plus $502 special education stipend and Susan Gill — MA +0/5 in the amount of $23,394 for 1.0 FTE 82 days East Elementary School. Motion to accept the FY 07 No Child Left Behind Grant Award in the amount of $1,160,617. Motion to approve Purchase Requisition Number 459006027 to Excelsior Software in the amount of $64,222.50. Motion to accept the FY 07 Carl Perkins Vocational Education Grant Amendment increase in the amount of $7,707 for a total grant award of $62,636. Motion to approve the 2006/2007 Karluk School Facility Use Agreement, including the waiver of liability insurance. Motion to adjourn. IT ECUIVER JAN232007 U BOROUGH CLERK'S OFFICE