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2008-05-01 Regular Meeting1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Kodiak Island Borough Assembly Regular Meeting Agenda m. Thursday, May 1, 2008, 7:30 . Assembly g p ssembly Chambers 5. l `'PROVAL OF MINUTES *January 3, 2008 Special Meeting and April 3, 2008 Regular Meeting. 6. AWARDS AND PRESENTATIONS A. Proclamations B. Student of the Month 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 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS rdinance No. FY2008 -09 Amending Kodiak Island Borough Code Of Ordinances itle 2 Administration And Personnel, Chapter 2.17 Rules Of The Assembly, Section .17.020 General Rules To Allow Attendance And Participation At Meetings By Members Of The Assembly By Teleconference. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2006 -39B Amending Contract No. FY2006 -39 Solid Waste Collection With Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 B. Resolutions 1. *Resolution No. FY2008 -32 Adopting to Participate in the AMLJIA Loss Control Incentive Program. 2. Resolution No. FY2008 -33 Concluding the Lawsuit Stephens Vs. Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl. 3. Resolution No. FY2008 -34 Paying the Legal Fees Incurred by Defendants Kodiak Island Borough, Kodiak Island Borough Assembly, Assembly Members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes, and Mayor Jerome Selby, Each in His or Her official Capacity, in the Lawsuit Stephens Vs. Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl. C. Ordinances for Introduction — None. D. Other Items 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Monashka Bay Road Service Area Board Regular Meeting of February 26, 2008. 2. Mission Lake Tide Gate Service Area Board Meeting of March 27, 2008. 3. Parks and Recreation Committee Meeting Regular Meetings of December 11, 2007, January 22, 2008, and February 12, 2008. 4. Planning and Zoning Commission Regular Meetings of February 20, 2008 and March 19, 2008. 5. Womens Bay Service Area Board Regular Meeting of March 10, 2008. B. Reports 1. Kodiak Island Borough March 2008 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments .....J 1'7.M1:.. LJ..... :.... AI.. ».M.....• T..11 C..... 10f,A\ A70 0700 .....J 1 ......I A OC ..F Kodiak Island Borough Assembly Special Meeting January 3, 2008 A special meeting of the Kodiak Island Borough Assembly was held January 3, 2008 in the Borough Conference of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at noon. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Administrative Official Cassidy and Clerk Nova Javier. Clerk's note: Assembly member Abell was not excused due to a lack of motion on the guidelines. If there is no objection from the Assembly, final copies of these minutes would reflect excuse of Assembly member Abell, CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Ordinance No. FY2008 -12 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.16 Borough Assembly, Section 2.16.060 Declaring And Filling Vacancies. BRANSON moved to adopt Ordinance No. FY2008 -12 in first reading to advance to public hearing on January 10, 2008. This ordinance would clarify the current KIBC 2.16.060 declaring and filling vacancies. ROLL CALL VOTE ON MOTION CARRIED Five to One: Branson, Friend, Jeffrey, Lynch, and Oswalt (Ayes); Stutes (No.) ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION: Friend, Jeffrey, Lynch, Oswalt, Stutes, and Branson. The meeting adjourned at 12:08 p.m. ATTEST: Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Kodiak Island Borough Special Meeting Minutes January 3, 2008 Page 1 KODIAK ISLAND BOROUGH Assembly Regular Meeting April 3, 2008 A regular meeting of the Kodiak Island Borough Assembly was held April 3, 2008 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 John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Assistant Clerk Jessica Kiiborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY, APPROVAL OF MINUTES A. Regular meeting minutes of March 20, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS — None. CITIZENS' COMMENTS Bob Johnson commented on the Kodiak Island Comprehensive Plan, planning of downtown Kodiak, and Solid Waste Management plan. He thanked the Assembly for its support on the new hospital parking area plan. COMMITTEE REPORTS Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee. PUBLIC HEARING A. Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017). JEFFREY moved to adopt Ordinance No. FY2008 -18. Clerk Javier noted that nine public hearing notices were sent out, none were returned. The Planning & Zoning Commission initiated this investigation by motion at the December 2007 regular meeting at the request of the Alaska Department of Transportation & Public Facilities (ADOT /PF). ADOT &PF would like to have the property zoned appropriately for airport uses before they proceed with the appraisal and acquisition of the land, the bulk of which is owned by the Ouzinkie Native Corp. (surface estate) and the Koniag Regional Native Corp. (subsurface estate). Kodiak Island- Borough April 3, 2008 Assembly Minutes Page 1 ADOT /PF has provided airport design maps which describe the lands to be acquired and assembled for the new Ouzinkie Airport. These maps do not provide the kind of boundaries that correspond to legal descriptions that staff normally requires for the mapping of zone boundaries. The airport design maps are accurate enough, and can be obtained in electronic format, so that the recommended zone can be accurately incorporated into the existing zoning map for the area. After a public hearing was held on February 20, 2008, the Commission recommended the Kodiak Island Borough Assembly rezone the three parcels identified in the application and case packet totaling approximately 157 acres ( + / -) based on the Commission's review and recommendation. This case is now being forwarded to the Kodiak Island Borough Assembly with "Findings" as required in KIBC 17.72.020.A. The findings have been incorporated into a draft ordinance which has been prepared for Assembly introduction. In addition, selected materials reviewed by the Commission are included with this packet for Assembly consideration. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. B. Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation and RR2- Residential Two To RNC -Rural Neighborhood Commercial. ABELL moved to adopt Ordinance No. FY2008 -19. Fifteen public hearing notices were sent out. Written comments received were entered into the record. This is a case that stemmed from a zoning violation. The Kodiak Winery was constructed without the required building and zoning compliance permits. CDD staff has been writing violation letters for a number of years that has lead the petitioners to request a rezone before the Commission. The present use is a commercial enterprise (Winery Building and five residential rentals) on a Conservation zoned lot that does not allow for this level and type of use. This case was postponed when it was initially scheduled before the Commission in 2003 until the comprehensive plan was adopted, which occurred in December 2007. The recently adopted comprehensive plan did identify an area in this location for small scaled commercial use. This translated into the commission approving the rezoning of two lots from Conservation and RR2 to Rural Neighborhood Commercial. This approval was subject to the following conditions or effective clauses: 1. The rezone shall not become effective until the petitioner has acquired the necessary building permit, zoning compliance permits, and septic system approvals for all existing structures on the parcel; and 2. The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the Planning and Zoning Commission with a note on the plat that states: "No future subdivision of this parcel shall occur. "; and 3. A rezone shall not become effective until a determination is made as to which structures on Lot 1, U.S. Survey 4935 are considered "grandfathered" under Borough Ordinance 80 -24 -0. This requires the petitioner to provide KIB with documentation that these structures existed prior to June 5, 1980; and Kodiak Island Borough Assembly Minutes April 3, 2008 Page 2 4. A rezone shall not become effective until legal access to Lot 2, U.S. Survey 4935 is created by plat or recordable document. Manager Gifford requested that the title for Ordinance No. FY2008 -19 be amended by inserting the words "and RR -2 Residential Two" after C- Conservation. FRIEND moved to amend the title of Ordinance No. FY2008 -19 by inserting the words "and RR- 2 Residential Two" after C- Conservation. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. Mayor Selby opened the public hearing. The following commented on Ordinance FY2008 -19: Curt McCormick, Bob Brodie, Jennifer Lucas, John Lucas, Brad McCormick, John Miller, Moe Butler, Marie Rice, Rob Routzahn, Scott Bonney, Teresa Bonney, Verda Koning, Susan Baker, Joe Erwin, Erin Koning, Ernie Schiedler, Virginia Adams, Dallas Dominguez, Ingrid Neubauer, Eric Lineg, Vicki Hester, Perry Page, Bill Applebee, Jenny Sargent, Wayne Sargent, Fred Patterson, Ernie Suazo, Jerome Tousignant, and Donna Sargent. ROLL CALL VOTE ON MOTION AS AMENDED FAILED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • P &Z Commissioners will travel to Larsen Bay to speak with the community on development and zoning. • SWAB has reviewed the Landfill's FY07 Financial Report and will issue a solid waste plan soon. • Spoke with Mark Hickey on Legislative issues. Governor Palin has left $12M in the Capital Improvements Project list. • Staff is working on the FY09 budget while waiting on legislative decisions on local projects. Staff is expecting higher costs for building and lower revenues in investments. MESSAGES FROM THE BOROUGH MAYOR — None. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts A. Contract No. FY2008 -30 Authorizing the Manager to Execute Contract No. FY2008 -30 for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center. JEFFREY moved to authorize the Manager to execute Contract No. FY2008 -30 for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center with Brechan Enterprises, Inc. in an amount not to exceed $4,914,060. Kodiak Island 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This Contract is for the construction of a Community Kodiak Island Borough Assembly Minutes April 3, 2008 Page 3 Health Center Addition attached to the existing PKIMC along with renovations to the Hospital. The construction documents, bid documents and associated addenda are available for review. The Project is funded by a combination of grants to the Community Health Center and a commitment from the KIB Assembly to complete the PKIMC parking lot. Bids were received in response to KIB's invitation to bid dated February 2008. A bid tabulation is available. The E/F Department has reviewed the bids and recommended that a Contract for the Community Health Center and renovations to PKIMC be awarded to Brechan Enterprises, Inc. in an amount not to exceed $4,941,060. This includes the base bid and alternates 1, 2, 3 and 4. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson, and Friend. Resolutions — None. Ordinances for Introduction — None. Other Items A. Mayoral Appointment to the Prince William Sound Citizens Regional Advisory Council. OSWALT moved to confirm the Mayoral appointment of Mr. Al Burch for a term to expire 2010 on the Prince William Sound Citizens Regional Advisory Council. This is Mr. Burch's reappointment to the Prince Sound Citizens Regional Advisory Council for a term to expire March 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. CITIZENS' COMMENTS Brenda Friend expressed gratitude for the Borough staff's work on the CHC. She thanked Assembly for the approval of the CHC contract. John Miller thanked the Assembly for its consideration of Ordinance FY2008 -19 and spoke in favor of changing the RNC zoning code. Scott Bonney spoke in favor of changing the RNC zoning code. Monte Hawver thanked the Assembly for its support on the CHC project. Teresa Bonney thanked the Assembly and staff for their consideration on Ordinance FY2008- 19. ASSEMBLY MEMBER COMMENTS Assembly member Stutes was happy with the public hearing turn out and hoped the issue was satisfactorily resolved. She was glad to see the Clinic contract was approved. She expressed concerns over the countersuit filed by the Borough attorney. Assembly member Friend recognized his appointment to the Kodiak College Council. He commented that Hawaii was facing similar community and landfill issues, and they are in the process of pursuing a waste -to- energy program. Kodiak Island Borough Assembly Minutes. April 3, 2008 Page 4 Assembly member Abell explained the reason of his request for a timeline of the Stephens vs. KIB from the Clerk. He wanted to see settlement of the legal issue soon. Assembly member Branson agreed the ongoing legal issue was a waste of tax payers' money and should not have been brought up in the first place by the litigant. Assembly member Jeffrey appreciated that the Solid Waste draft is soon to be received, Assembly member Oswalt reported on his travels, saying Kodiak residents don't realize how fortunate they are that Kodiak has such a quantity of fresh water. He spoke about proactive recycling. Assembly member Lynch had no comments. The Assembly work session of Thursday, April 10, 2008 and the Regular Meeting of Thursday, April 17, 2008 have been cancelled. The Assembly will meet on Saturday, April 19, 2008 at 9 a.m, in the Borough Conference Room to discuss Land Sale Management with the Planning & Zoning Commission. The next Assembly work session will be held on Thursday, April 24, 2008 in the Borough Conference Room and the next Regular Meeting will be held on Thursday, May 1, 2008 in the Borough Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. The meeting adjourned at 10:10 p.m. ATTEST: Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Kodiak Island. Borough Assembly Minutes April 3, 2008 Page 5 KODIAK ISLAND BOROUGH AGENDA STATEMENT May 1, 2008 REGULAR MEETING TITLE: Ordinance No. FY2008 -09 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.17 Rules Of The Assembly, Section 2.17.020 General Rules To Allow Attendance And Participation At Meetings By Members Of The Assembly By Teleconference. SUMMARY: This ordinance was requested by Assembly member Oswalt. It was postponed from the November 2007 meeting to April 2008. Attached is a status update from Paul Vandyke, LAN Administrator regarding technology needed to meet teleconferencing. APPROVAL FOR AGENDA: ITEM NO 12.A RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -09 and advance to public hearing on May 15, 2008 or Move to postpone Ordinance No. FY2008 -09 indefinitely. KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2008 -09 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.17 RULES OF THE ASSEMBL SECTION 2.17.020 GENERAL RULES TO PROVIDE FOR TELECONFERENCING DURING ASSEMBLY MEETINGS Introduced by Assembly member Oswalt Requested by Assembly member Oswalt Drafted by Borough Clerk Introduced: 10/08/2007 Postponed: 11/15/2007 Postponed: 05/01/2008 Public Hearing: Adopted: WHEREAS, currently there is no provision in the Borough Code for assembly members to participate in assembly meetings by teleconference; and WHEREAS, Alaska Statutes 44.62.310 provides that attendance and participation at meetings by members of the governmental body may be by teleconferencing; and 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 2 Administration and Personnel Chapter 2.17 Rules of the Assembly Section 2.17.020 General Rules is hereby amended as follows: 2.17.020 General rules. A. Public meetings: All official meetings of the assembly shall be open to the public. The journal of proceedings shall be open to public inspection. Quorum: Four (4) members of the assembly shall constitute a quorum. A ance -ef C. Absences: No member of the assembly may absent himself from any regular or special meeting of the assembly except for good cause. An assembly member who is unable to attend a meeting shall advise the clerk or-the -mayor of the contemplated absence and the reason for that absence. During the course of the meeting from which the member is absent, the chair shall cause the record to reflect the absence of the member and whether the absence is excused by the assembly. D. Teleconferencing: Attendance and participation of members of the assembly at assembly meetings may be by teleconference. 1. Telephonic participation by assembly members is authorized during assembly meetings when an assembly member is physically absent from Kodiak or is physically incapacitated. Kodiak Island Borough, Alaska Ordinance No. FY2008 -09 Page 1 of 2 2. The assembly member shall inform the assembly of his or her wish to participate by teleconference at a meeting or twenty four (24) hour notice shall be given to the clerk prior to the teleconference. 3. An assembly member participating by teleconference shall only be allowed if the meeting is held with a quorum of members physically present. 4. An assembly member participating by teleconference shall be deemed to be present at the assembly meeting and shall have the same right to participate in discussion and to vote on any matter as if physically present at the assembly meeting. The vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. All votes shall be taken by roll call vote. 5. An assembly member participating by teleconference shall not be charged for any telephone costs associated with the teleconference participation. 6. Participation from outside of Alaska is permitted. 7. If there is an unexpected severance of connection, a brief recess may be called to reestablish connection. If such efforts are unsuccessful, the action of the Assembly shall not be invalidated on which the teleconferenced member could have voted. 8. Reasonable efforts shall be made to ensure agenda packets and other materials are available to the members or at the teleconference location. Publication on the website prior to the day of the meetings may substitute for hard copies. E. Rules of order: "Roberts Rules of Order Current Edition" shall govem the proceedings of the assembly in all cases, unless they are in conflict with these rules. When such a conflict exists, this ordinance prevails. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2008 -09 Page 2 of 2 Nova Javier From: ant: Cc: Subject: Nova, I was waiting till receiving the quote from our telephone supplier before responding. Their quote for a product called Quick Conference is $25,000. This quote needs to be refined as it is a little more than what we need. There are other options that I've discussed with them also that might help reduce the cost. I'm sorry for the delay on this information. It is outside my realm of expertise and I'm depending on more knowledgeable people in the industry. One thing to know as the assembly moves forward: Whatever we do with technology will require technical support. Any technology- related project needs to budget MIS staff time for support. Thank you, Paul •om: Nova Javier Sent: Friday, April 18, 2008 4:33 PM To: Paul VanDyke Cc: Karl Short; Rick Gifford Subject: Teleconference Update Hi Paul, Paul VanDyke Tuesday, April 22, 2008 7:10 AM Nova Javier Karl Short RE: Teleconference Update The ordinance regarding teleconferencing will be before the Assembly on May 1st and they will be picked up on Tuesday by 1 p.m. Would you please give me an update /report on what the status of the request is. I response in the packet. Thanks, Nova From: Paul VanDyke Sent: Thursday, March 27, 2008 2:56 PM To: Nova Javier c: Karl Short; Jessica Kepley; Sharon Blakeslee 1 Subject: RE: Work session update 1 am preparing the packets am planning to include your Nova, After doing a bit of research on the current sound system and the telephone hybrid and then working on a solution, I came up empty. In desperation, I turned to Joe Stevens of Aksala. We were able to sit down and discuss your objective and what we're trying to do in the chambers. After a while, we both carne to the same conclusion that the conferencing needs to be a function of the telephone switch. We are less than two weeks away from installing the new telephone switch in the borough building and that will open a number of possibilities for us. I would suggest that we wait for the switch to be installed before we make any further moves. We can consult with our phone engineers when they are here to install the switch, I know that there may be a better solution to our public dial -in and we can discuss that too. I'm not sure that I understand your statement concerning "support to wait for the new pc models that are replacing the one specified ". I am unable to get the ones that we originally specified at this time. There is no indication that they will be available in the future. We will need to choose a different model, Thanks, Paul From: Nova Javier Sent: Thursday, March 27, 2008 10:30 AM To: Paul VanDyke Cc: Karl Short; Jessica Kepley Subject: Work session update Hi Paul, We are having a work session tonight. I would like to give an update to the Assembly regarding the teleconferencing equipment (tied in the Chamber's system) and the laptops. I think there is a support to wait for the new pc models that are replacing the one specified by the Assembly. I will confirm tomorrow. I would appreciate your response before 5 p.m. today. Thanks, Nova Nova M. Javier, CMC Borough Clerk Kodiak Island Borough "Alaska's Bmerald Isle" 710 Mill Bay Road Kodiak, AK 99615 Phone: (907) 486 -9310 Fax: (907) 486 -9391 Email: njavier @kodiakak.us It is difficult, if not impossible, to inculcate in those who do not want to know, the curiosity to know; I think it is also impossible to kill this need in those who really want to know. -- T. V. Rajan, "The Aha! Factor ", The Scientist, March 21, 2002 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT May 1, 2008 REGULAR MEETING ITEM NO; 13.A:1 TITLE: Contract No. FY2006 -39B Amending Contract No. FY2006 -39 Solid Waste Collection With Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste. SUMMARY: The Kodiak Island Borough provides solid waste collection services for residents located on the road system in Kodiak. A new solid waste collection contract was entered into with Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste on July 1, 2006. The contract provides for extending the term of the agreement in two (2) one -year increments. This proposal extends the contract term to June 30, 2009. Amendment No. 2 for this contract reflects a negotiation with AK Waste to reduce the Year One Option by $75,000 so the expected increase will be approximately $355,000. Amendment No. 2 also establishes solid waste deliveries to the landfill on Sundays. APPROVAL FOR AGENDA: 1 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2006- 39B with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK as a unit cost contract for the period of July 1, 2008 to June 30, 2009. AMENDMENT #2 CONTRACT 2006-396 BETWEEN KODIAK ISLAND BOROUGH AND ALASKA PACIFIC ENVIRONMENTAL SERVICES ANCHORAGE, LLC EXTENSION OF CONTRACT TO ENTER INTO OPTION YEAR ONE JULY 1, 2008 JUNE 30, 2009 This amendment becomes part of the solid waste collection contract between the Kodiak. Island Borough and Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste. 1.. Exercise Option Year One in the contract agreement from July 1 , 2008 June 30, 2009. Compensation for contract will be as per bid specifications column titled Option Year 1 included as part of original contract agreement with an average monthly deduction of S6,250 applied after administrative :fee. 2. Contractor may deliver loads of municipal solid waste to the Landfill/Baler facility on Sunday; no more than four (4) loads may be delivered when KM staff is not present. KODIAK ISLAND BOROUGH. By: Rick f.. Gifford /3orough 'Manager Date: By: Woody Koning, Director Engineering & Facilities ALASKA PACIFIC: ENVIRONMENTAL SERVICES AN LLC I3y: Date: ATTEST: Date: Date: L. enx General Manager Nova M. Javier, CMC Borough Clerk January 30, 2008 Bobby L. Cox Alaska Pacific Envirorunental Services Anchorage, LLC dba Alaska Waste/Kodiak Sanitation 6301 Rosewood - Anchorage, AK 99518 Dear Mr. Cox: The Kodiak Island Borough is currently evaluating solid waste issues for the community. The contract between Alaska Pacific Environmental Services Anchorage, LLC, and the Borough will expire on June 30, 2008; however, there are two one -year optional extensions available. It is estimated that the first year extension will increase the cost of the contract by $430,000. At this time, we are not clear on what the reasons are for such a substantial cost increase. The Borough is making progress with the solid waste study and is hopeful that this progress will be maintained. However, the Borough must allow the time needed for full completion of the solid waste study process. It is anticipated that the Borough will need to exercise Option Year One extension and a revised period on Option Year Two to allow for an orderly transition to, and implementation of, a new services contract. Please evaluate Alaska Waste's position regarding the terms of the extensions given the circumstances described in this letter. Specifically, the Borough suggests that a more beneficial approach for all of us over the short -and long -term is to amend the contract using the CPI or Year One contract amounts. The Borough assumes your company will be responding to the R.FP and therefore has an interest in maintaining good relations witlr all the involved parties. In an effort to move forward with this, your prompt attention and response to this letter is appreciated. Sincerely, Kodiak Island Borough Rick L. Gifford Manager R1_G. w Cc: Woody Koning, Director Engineering & Facilities Kodiak Borough OFFICE of the MANAGER 710'Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9301 Fax (907) 486 -9374 E -mail: rgifford @kodiakak.us March 14. 2008 Rick L. Gifford Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear iv1r. Gifford, Ataska_Waste This reply is in response to your letter dated January 30, 2008 asking for clarification of the increase in the first of two option years remaining on the current contract between the Kodiak Island Borough (KIB) and Alaska Waste (AW). I.et me start by providing some background to how we got to where we are today. Alaska Waste acquired Waste Management's Kodiak operations, the prior contractor. in early 2005 and continued operations without making any noticeable changes to staff or equipment. At that time, the KIB began to express its need to develop a long term plan tir handling waste on Kodiak Island. To facilitate time for the staff to develop such plans, the current contract was extended for one additional year ending June 2006. At that time, since a comprehensive plan had not been developed, the KIB determined it hest to solicit bids on a shorter term contract with the intention of re- writing the scope of services in the contract to allow time for staff to complete a comprehensive plan. The KIB put forward a hid for a two year contract with two option years. AW communicated its hid approach with the KIB staff upon learning we were the successful kidder. We explained our ability to delay necessary capital expenses and provide a window for the administration to make long term decisions relative to the solid waste requirements of the K113 during the initial two year contract period. We were supportive of this process and aided in the information gathering of the A - Z Study with time, money and resources that came at no expense to the K113. "lo your question on the rationale of our increase to the l'' option year in the current contract, it relates to the above decision by us to delay and defer certain expenditures and to provide the KIB the necessary time to adopt a comprehensive solid waste plan. As I discussed with you in December over the phone, the increase simply picks up the first two discounted years and adjusts years 3 and 4 to track consistent with a CPI increase and minimal growth. Looking at years 2003, 2004 and 2005, the annual contract expense grew on an average of 4% (includes CPI and volume). The cost of the collection contract in 2005 was $1.4M. If you grow that amount with an average annual increase of 4% the Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste 6301 Rosewood St. Anchorage, AK 99518 907- 563 -3717 Fax 907 -273 -2796 cost of that contract would be $1.57M in 2008 and $1.63M in 2009. I am confident that we would agree that in 2006 and 2007 the KIB grew at or above the moderate 4% number used in this calculation. Clearly the revenue we generated on this contract during the initial 2 years was discounted below a sustainable level given the expenses needed to provide the required level of service. During this same period of time the fees to the residents continued to increase. Since the discount on the collection contract in July 2007 was not passed along to the residents of the KIB, but rather used to offset other solid waste operating expenses, it further supports the logic behind our statements. Simply stated, we deferred capital expenditures during the first two years to allow time for the KIB to respond with a new plan going forward, with the understanding that the contract we agreed to contemplated an increase in the option years to allow us to get back to where the contract would have been if the KIB was unable to act during the initial two years, which was outside of our control. AW is proud of its operation and staff on Kodiak Island and desires to continue to provide a comprehensive collection service to the KIB residents. We recognize that there are ongoing efforts to make the necessary changes in policies to support a Netter method of solid waste management. There are still questions to be answered that will require additional time and we are prepared to continue to assist you in meeting this goal. Having said that, in the spirit of mutual cooperation and to help support the KIB in getting the best policies in place for solid waste management in a timely fashion, AW is prepared to amend the contract to reduce the year one option by $75K and the year two option by $125K. This represents an average monthly discount of $8,300 over the two year period. Alaska Waste values the relationship with the Kodiak Island Borough staff and residents and strives to maintain a collaborative working relationship for many years to come. Sincerely, Jeff Riley Chief Operating Officer Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste 6301 Rosewood St. Anchorage, AK 99518 907- 563 -3717 Fax 907 - 273 -2796 KODIAK ISLAND BOROUGH AGENDA STATEMENT May 1, 2008 REGULAR MEETING TITLE: Resolution No. FY2008 -32 Adopting to Participate in the AMLJIA Loss Control Incentive Program. SUMMARY: This resolution will authorize KIB participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Participation requires this resolution as well as monthly safety committee meetings, bi- annual facilities self inspections, and employee safety training. It is required that a resolution be adopted annually in order to be eligible for the discount of $20,000 on the Borough's contribution. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -32. ITEM: NO: 13.B.1 Introduced by: Manager Gifford Requested by: AML /JIA Drafted by: AML /JIA Introduced: 05/01/2008 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -32 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING TO PARTICIPATE IN THE AMLJIA LOSS CONTROL INCENTIVE PROGRAM WHEREAS, the Kodiak Island Borough is a member of the Alaska Municipal League Joint Insurance Association (hereinafter "AMLJIA "); and WHEREAS, the AMLJIA provides comprehensive risk management assistance and provides workers' compensation, liability and property coverage for the Kodiak Island Borough; and WHEREAS, the AMLJIA developed the Loss Control Incentive Program to help reduce member losses individually and pool wide; and WHEREAS, the AMLJIA will provide all written program materials necessary, and offer assistance to participants; and WHEREAS, pool members that participate in the Loss Control Incentive Program and complete the required activities, will have the opportunity to earn a discount on their contribution; and WHEREAS, it is the Kodiak Island Borough's policy to provide a safe environment for its students, employees, citizens, and the visiting public; and WHEREAS, the Loss Control Incentive Program will enhance such an environment; NOW, THEREFORE BE IT RESOLVED THAT THE KODIAK ISLAND BOROUGH elect to participate in the AMLJIA Loss Control Incentive Program for the 2007 -2008 policy year. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Resolution No. FY2008 -32 Page 1 of 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT May 1, 2008 REGULAR MEETING ITEM :NO: 13.B.2 TITLE: Resolution No. FY2008 -33 Concluding the Lawsuit Stephens Vs. Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl. SUMMARY: This resolution was introduced by Assembly member Abell to conclude the lawsuit Stephens vs. KIB. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -33. WHEREAS, a lawsuit was filed in Stephens vs. Kodiak / Court Case No. 3K0 -07 -266 CI, that challenged Sue Jeff the language found in Kodiak Borough Ordinance 2.16.04 WHEREAS, Plaintiff Melvin Stephens' injunction req Assembly to vacate Sue Jeffrey's seat; and WHEREAS, the court issued an injunction on No immediately vacate her assembly seat, and prohi assembly member until her seat was vacated; and WHEREAS, the Assembly acted on the meeting on December 6, 2007, and WHEREAS, Sue Jeffrey was appoin -d as a December 27, 2007; and WHEREAS, the court issued an order for fina WHEREAS, the Assembly amen possibility that an Assembly memb NOW, THEREFORE, BE IT RESO BOROUGH THAT the iss -s involv Superior Court Case No. 3 0 -07 -26 Defendants of the issues ' ecidOd b ADOPTED Y TH THI Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -33 urt order Introduced by: Requested by: Drafted by: Introduced: Adopted: la . Borough, et al, Al s - tention of her sea . .4; d sted that th- court ord embe 27, 2007, ted s. Jeffrey vacated 0 -07 -266 CI Assembly Member Abell Assembly Member Abell Assembly Member Abell 05/01/2008 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH CONCLUDING THE LAWSUIT STEPHENS VS, KODIAK I - • *UGH, ET AL, ALASKA SUPERIOR COURT CASE NO ska Superior based upon r the Borough r uiring Ms. Jeffrey to om participating as an s. Jeffrey's seat at its next Assembly Member to the vacant seat on udgment in the case on April 4, 2008; and d Kodiak Borou• Ordinance 2.16.040.A.4 eliminating the at will be vacated for a similar problem in the future; ED THE ASSEMBLY OF THE KODIAK ISLAND in Step -ens vs. Kodiak Island Borough, et al, Alaska , are moot and there will be no appeal on behalf of the the •urt in the injunction. ASSEMBLY OF THE KODIAK ISLAND BOROUGH DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2008 -33_, Page 1 of 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT May 1, 2008 REGULAR MEETING ITEM NO: 13.6.3 TITLE: Resolution No. FY2008 -34 Paying the Legal Fees Incurred by Defendants Kodiak Island Borough, Kodiak Island Borough Assembly, Assembly Members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes, and Mayor Jerome Selby, Each in His or Her official Capacity, in the Lawsuit Stephens Vs. Kodiak Island Borough, Et AI, Alaska Superior Court Case No. 3K0 -07 -266 Cl. SUMMARY: This resolution was also requested by Assembly member Abell for payment of legal fees regarding the lawsuit Stephens vs. KIB. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -34. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -34 Introduced by: Requested by: Drafted by: Introduced: Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH PAYING THE LEGAL FEES INCURRED BY DEFENDANTS KODIAK ISLAND BOROUGH, KODIAK ISLAND BOROUGH ASSEMBLY, ASSEMBLY MEMBERS TOM ABELL, PAT BRANSON, JERROL FRIEND, SUE JEFFREY, CHRIS LYNCH, REED OSWALT, AND LOUISE STUTES, AND MAYOR JEROME SELBY, EACH IN HIS OR HER OFFICIAL CAPACITY, IN THE LAWSUIT STEPHENS VS, KODIAK ISLAND BOROUGH, ET AL, ALASKA SUPERIOR COURT CASE NO. 3K0 -07 -266 CI. WHEREAS, a lawsuit was filed in Stephens vs. Kodiak Island Borough, et al, Alaska Superior Court Case No. 3K0 -07 -266 CI, that challenged Sue Jeffrey's retention of her seat based upon the language found in Kodiak Borough Ordinance 2.16.040.A.4; and WHEREAS, Plaintiff Melvin Stephens' injunction requested that the court order the Borough Assembly to vacate Sue Jeffrey's seat; and WHEREAS, the court issued an injunction on November 27, 2007, requiring Ms. Jeffrey to immediately vacate her assembly seat, and prohibited Ms. Jeffrey from participating as an assembly member until her seat was vacated; and WHEREAS, the Assembly acted on the court order and vacated Ms. Jeffrey's seat at its next meeting on December 6, 2007, and WHEREAS, Sue Jeffrey was appointed as an Assembly Member to the vacant seat on December 27, 2007; and WHEREAS, the court issued an order for final judgment in the case on April 4, 2008; and WHEREAS, because of a difference in opinion of the a response to the Plaintiffs allegations, Kodiak Island Borough Assembly Membe o separate attorneys to represent their interests in defense of the case Stepll-ns Ko• ak Island Borough, et al, Alaska Superior Court Case No. 3K0 -07 -266 CI; and WHEREAS, Kodiak Island Borough Resolution 1997- • ovides that "the assembly shall seek alternative counsel to represent the Borough when conflicts of interest arise," and WHEREAS, Pat Branson, Jerrol Friend, Chris Lynch, Sue Jeffrey, and Kodiak Borough Mayor Jerome Selby, in their official capacity, hired the law firm of Jamin, Schmitt & St. John to represent their interests and oppose the Plaintiffs complaint; and WHEREAS, Tom Abell, Reed Oswalt, and Louise Stutes, in their official capacity, hired the law firm of Clapp, Peterson, Van Flein, Tiemessen & Thorsness to represent their interests because they did not agree with the approach to the lawsuit taken by Jamin, Schmitt & St. John and therefore a conflict of interest existed; and T•priate hired t Assembly Member Abell Assembly Member Abell Assembly Member Abell 05/01/2008 Kodiak Island. Borough_, Resolution No. FY2008 -34 Page 1 of 2 WHEREAS, the approach to the Plaintiffs claims as advocated by Tom Abell, Reed Oswalt, and Louise Stutes, in their official capacity, was adopted by the court; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the legal fees of the law firm of Jamin, Schmitt & St John shall be paid in full at the rate of $150 per hour for representation, in accordance with the contract they have signed with the Kodiak Borough Assembly; and NOW, THEREFORE, BE IT FURTHER RESOLVED B ISLAND BOROUGH THAT the legal fees of the la Tiemessen & Thorsness shall be paid in full at the rate specified at the outset of the litigation. Nova M. Javier, CMC, Borough Clerk , 2008 KODIAK ISLAND BOROUGH EMBLY OF THE KODIAK Lapp, Peterson, Van Flein hour for representation, as ADOPTED BY THE ASSEMBLY OF THE KO A LAND BOROUGH THIS DAY OF ATTEST: Jerome M. Selby, Borough Mayor Kodiak Island Borough Resolution No. FY2008 -34 Page2of2 TITLE: Assembly Appointment to the Citizens Board of Equalization. SUMMARY: This was the seat vacated by Ms. Cassandra Juenger on March 20, 2008. The Clerk's Office started advertising this seat on March 21. We received an application yesterday from Ms. Cheryl Boehland. There is no Assembly regular meeting scheduled before May 12 which is the date the BOE is scheduled to meet so we requested that you amend the agenda to add this item. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT May 1. 2008 REGULAR MEETING ITEM t tO RECOMMENDED MOTION: Move to appoint Ms. Cheryl Boehland to the vacant alternate seat on the Board of Equalization for a term to expire 2010. Name Cassandra Juenger, Chair 2008 3899 Harry Nielsen Kodiak, AK 99615 KODIAK ISLAND BOROUGH Board of Equalization Term Home Phone Work Phone 486 -2221 486 -9325 Yern D Email cassandra123 @gci.net Karenia Hackett 2010 486 -6168 486 -8111 kareniah @kiha.org P.O. Box 3533 Kodiak, AK 99615 Tim Hurley 2009 486 -5584 486 -4433 thurley @alaska.com 1148 Wolkoff Lane P.O. Box 864 Kodiak, AK 99615 Cheryl McNeil 2008 486 -8415 486 -3100 mcneilmom @yahoo.com 2147 Three Sisters P.O. Box 3235 Kodiak, AK 99615 Jim Nagan 2009 486 -3717 486 -3717 jnagan12 @gmail.com 1217 Rezanof Drive Kodiak, AK 99615 Vacant (Alternate) 2010 Staff: Tom Anderson, Assessor 486 -9350 Nova M. Javier, Borough Clerk 486 -9310 KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. Revision date: 3/21/2008 Revised by: NJ tanderson@kodiakak.us njavier @kodiakak.us BOARD APPLICATION k , PHONE: � - WORK NAME: HOME PH ��� SIG' 3L E -MAIL: STREET ADDRESS: / /1C Ca ..5 f ee 4,44 MAILING ADDRESS: 0 60 K 0 6 Z LENGTH OF RESIDENCE IN KODIAK: /42 1-`5 IN ALASKA: 3t G v ARE YOU A REGISTERED VOTER IN KODIAK? YES `NO ARE YOU A PROPERTY OWNER IN KODIAK? YES (4 NO ( ) COMMUNITY ACTIVITIES: 7 O CXtc C.• t CMG 2M.. L.�, ,u 0 I ‘k- h 1 ( vvr c-v-0 PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. BOCL�t f c (,( et-e_L ti C/y�� 2. 4. Voter ID No Verified By: , 4.1,V 4 Applicant's Residence; Borough ( ) City ( ) Dale Appointed: Tenn Expires on: Comments: R o e LO (�, ..� Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier @kib.co.kodiak.ak.us Signature/ � D e A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. • STAFF USE ONLY - Documentation: Appointment Letter. Roster: Oath of Office: Financial Disclosure: Meeting Started: 7:05 p.m. Roll Call: - Present are; Randy Spivey, Chaz Glagolich, Darlene Turner, and Drew DeVries. Jim McCullough is excused Monashka Bay Road Service Area Fisheries Research Center February 26, 2008 Minutes: Randy Spivey moves to accept minutes for September 27, 2007 minutes. Chaz seconds motion. Approved unanimously. Public Comments: none New Business: a. Budget 2009 FY- Proposed budget is as follows Personnel Services 600. Snow Removal /Sanding 19,000. Repairs & Maintenance 20,000. Grading/Ditching 5,000. Support Goods & Services 200. Total 44,800. This is just one thousand dollars over last year's proposed budget and will only work if we stick to the line items. Because of billing issues we have spent $51,508.90 so far this year. And we will need to amend FY 08's budget. b. Assignment of Spring Task- On May 15 at 6 pm, we plan to meet on the top of Mt. View and walk down through Three Sisters. And then on May 21' at 6 pm, we will meet at the top of Marmot for the finish up. Anyone with concerns about our road is free to contact us at any reasonable time or join us on the walk- about, as this is a great opportunity to help us help you. c. Road Maintenance Work Plan FY 09 — first on our priority list is the three roads off Marmot. Also if funding is still available after brushing/ditching, Marmot's guard rail needs fixing and four culverts need to be installed on Three Sister's (St. Denny, McNeil, Murray and Thummel). We shall also look at Fox's and DeHart's access. d. Amend Budget for Snow Removal FY 08- Because bills from last year didn't reach us until February, we went over budget on Repairs & Maintenance by $17,685.52. Although, it is possible that monies from Grading/Ditching were not properly cataloged. We are over budget by approximately $6,300, and still have 5 months left in the budget cycle. We have heard nothing but positive reports about our new contractor. And he has relayed to us that the bills will be posted in a timely manner form now on... This last year, we accomplished: ditching/brushing, culverts were placed throughout Marmot, on top of Mt. View, Spruce Cir., and on Devil's Prong. Also, at the foot of Pat Jacobson's house on Marmot, a potential hazard was averted. Debris was removed from last years run off and guard rails were installed on Three Sister's and Marmot. And signs announcing Road Board Meetings, Streets, Speed Limit, and Children at Play were made. We must amend the FY -08 budget by adding $19,000 from reserves to pay for the maintenance and for an estimate of another five thousand dollars for snow removal/sanding to finish off this winter. If monies are not used, then they will go back into the reserves which are at $32,500. The fiscal year ends the last day of June. We speculate Borough Property Tax Revision in the coming years will help us recover and see the reserves at twice the operational budget for emergencies, before we reduce the mill rate. Our ultimate goal is getting the roads in the Service District up to Borough Code. e. Regular Budget Meeting is scheduled for March 11 at 7 pm in the Borough Conference Room (Downstairs). Board Comments: Randy Spivey asked if major projects like the guard rail are estimated before they begin. And he is concerned about the reserves not being there when true emergency happens. Chaz Glagolich states that if we didn't spend any money, we would be in more of a bend than now. What was done needed to be done and we are far better off than having those huge ice heaves blocking the ditches like last winter. Drew DeVries states that we have had this problem before. And some sort of supervisor from the Road Board, Pond Committee, or neighborhood needs to stop them in mid shovel if we are to stay on budget. Also he planes to help get the figures to the Borough to bill the residents' part of the culverts. Darlene Turner said that the contractor was called several times looking for bills. Otherwise she couldn't be happier with the quality of their workmanship. Also she reminded us that the guard rail materials were mostly donated to us. Adjournment: 8:10 p.m. arlene T r Date President onashka Bay Road Service Area Drew DeVries Date Secretary/ Treasurer 2 Program Description: Monashka Bay Road Service District is responsible for the road maintenance in the service area. Goal: To maintain, repair, and provide snow removal for roads in the Monashka Bay Road Service Area. Objectives for 2008 -2009 FY Program Budget Summary Monashka Bay Road Service District Road Maintenance Work Plan FY 09 — First on our priority list is ditching and culvert on the three roads off Marmot (Ridge Circle, Island Circle, and Harbor Way). Next, Hydro Seeding needs to be done after years of aggressive ditching. And if funding is still available - Marmot's guard rail needs fixing and four culverts need to be installed on Three Sister's (St. Denny, McNeil, Murray and Thummel). We shall also look at Fox's and DeHart's access and finishing up hanging and fixing signs. Significant Budget Changes: We plan to stay within two thousand dollars of last year's propose budget. Previous Year Accomplishments: (FY 2008) This last year, we accomplished: ditching/brushing, culverts were placed throughout Marmot, on top of Mt. View, Spruce Cir., and on Devil's Prong. Also, at the foot of Pat Jacobson's house on Marmot, Debris was removed from last years run off and guard rails were installed on Three Sister's and Marmot. Street signs were purchased for the following: announcing Road Board Meetings; Streets; Speed Limit; and Children at Play. Budget for FY 2008 -2009 was voted in as follows: Personnel Services 600. Snow Removal /Sanding 19,000. Repairs & Maintenance 20,000. Grading/Ditching 5,000. Support Goods & Services 200. Total 44,800. Total Revenue 45,482 3 -27 -08 Mission Lake Tide gate Service Board Minutes for March 27, 2008 2pm. Borough Conference Room Present were Norman Sutliff, Al Burch and Marian Johnson on the Board Guests were Beverly Horn and Barbara Zimmerman residents around the lake Kodiak Island Borough Maintenance Director Robert Tucker Mr. Tucker phones, 486 -6549 H, 942 -5157C He would appreciate phone calls if conditions warrant his attention on Mission Lake Tide gate. Marian Johnson read the minutes of the last meeting 10 -27 -2004. Marian passed around print out of Mission Lake residents land and home valuations not dated and requested that a new one be given to the Board Members. Norman Sutliff discussed the removal of the bars located on the exterior of the tide gate and asked why they were removed. Debris had entered and plugged the outlet causing flooding on the road side of Mission Lake as a brief period of thawing occurred. City of Kodiak equipment, Anderson Construction and Borough personnel worked after hours cleaning the plug on March 14, 2008. Mr. Tucker said that the Borough would create a maintenance schedule on the computer that would use tides so that the gate could be examined on a regular basis and especially after Easterly storms with high tides. Beverly Horn presented photos of the flooding on her property on Mission Lake during the plug of 3- 14 -08. The photos were given to Mr. Tucker for his files. Norman Sutliff requested copies of bills paid by the Borough that pertain to the maintenance of Mission Lake Tide gate or repair be sent by email or mail to the members of the Board. This is a cost paid by the residents and they should know what is being paid. Norman asked that a brief history of the tide gate be written for those who do not know the project. Marian volunteered to do this article. Norman believes the residents should not be responsible for the cost of unplugging the tide gate on 3 -14 -08 as the bars were removed without our knowledge or permission. Discussion of saving ducklings, fingerlings and removal of lake grass ended the meeting at 3pm. Marian Johnson CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by CHAIR SIROFCHUCK on December 11, 2007 in the KIB School District Conference Room. ROLL CALL Committee Members 1 Present I Mike Sirofchuck -Chair X Pam Foreman Hans Tschersich Kevin Foster E Jeff Huntley Patrick Saltonstall X Andy Schroeder X Cassandra Juenger X Lori Demi Kevin Mtn - Ian Ful Chris Lynch F Roy Brown December 11, 2007 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE REGULAR MEETING - DECEMBER 11, X00 X X X Excused , - Absent MINUTES 1- Bud Cassidy Community Development Dept. T Sheila Smith Community Development Others Present A quorum was established. COMMITTEE MEMBER SALTONSTALL MOVED TO EXCUSE COMMITTEE MEMBERS FOREMAN, DEMI, and TSCHERSICH. The motion was SECONDED by COMMITTEE MEMBER SCHROEDER, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA CHAIR SIROFCHUCK stated he would like to amend the agenda to include under New Business the January 22n` meeting. COMMITTEE MEMBER SCHROEDER MOVED to approve the amended agenda. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING Regular meeting of: • November 13, 2007 • November 27, 2007 COMMITTEE MEMBER SALTONSTALL MOVED to approve the November 13, 2007 and November 27, 2007 minutes as presented. COMMITTEE MEMBER SCHROEDER SECONDED the motion, and it CARRIED by unanimous voice vote. Parks & Recreation Committee Meeting Minutes Page 1 of 4 AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A) Trails Planning i) Outline ii) RFP Cassidy stated what is in the outline is what we've been able to find in the computer. This is some of the work that was done previously, and we put together a Table of Contents to give you a feel of what was being thought of in 2004. What we are hoping to accomplish with the RFP is to come up with a fairly planned document. Attached are other Table of Contents from other plans as examples. The goal here is we put out for proposals asking for someone to give us a hand. A fair amount of the mapping and verbage is already done. We just need someone to look at what we do have. We have all the GIS data and all the studies. One concern is the attitude survey of Kodiak but that is probably 3 or 4 years old, and if we need to do another survey or stay with what we have. What we are trying to present tonight is what we have on the computer and the kinds of things that need to be included in a Comprehensive Trails Plan to see where you want to go from here. It also ties in to the RFP. It is a rough draft, but it's the kind of thing we put out that will tell the proposer's what we want, how to present it, and things that we want like public outreach, master plan, etc. It talks about the evaluation system, and should the committee be a review group or a sub - committee. We just need to define what we really want. FOREMAN arrived at 7:10 p.m. SALTONSTALL said he doesn't see but feels should be included is a prioritization of important areas that gets high recreation use regardless of land ownership. We already know a lot of that from the community attitude survey. It will help the Borough with grants if some of that land comes up for sale. SIROFCHUCK said some community attitudes may have changed since the survey. Cassidy asked if the thinking is to come up with a list of existing trails and proposed trails with some being on Borough lands and a portion on private property or government property? SALTONSTALL said you have existing trails, and a section on current recreational use of the road system — what's being done where, what areas do people really like and use a lot, and what areas do people not like or use. He also said we could say these areas get a lot of hunting, etc. FOREMAN said not all recreation is trail based use. Cassidy stated we talked about doing a Trails Master Plan. If it's a Parks and Recreation Open Space and Trails Plan you want to do that is more comprehensive. A Trails Plan is a part of that, but he thought the goal was to do a Trails Plan. Several members expressed that they felt a Recreational /Open Space Plan should be done instead, but after more discussion it was the consensus of the committee to do the Trails Plan. SIROFCHUCK asked if it's possible to do a Trails Plan, and then come back and do the other parts of a Recreation and Open Space Amenities. Cassidy stated Open Space is really based on subdivision design. If someone is going to build a subdivision connectivity of trails within the subdivision and open space needs to be considered. FOREMAN said that is part of it but she thinks the Recreation and Open Space Amenities is much broader than just subdivisions. You look at the entire road system. We started talking about this because of the Leisnoi concerns which will happen sooner than later. We need to be prepared when they say acres of land between Middle Bay and Kalsin Bay to sell. If we haven't identified the Olds River as a recreational area what is going to happen to it. Long range, how do we get ourselves in the position to December 11, 2007 Parks & Recreation Committee Meeting Minutes Page 2 of 4 purchase easements or work on land trust issues and land exchanges when the opportunities arise? Is what we did in the Comp Plan enough? Cassidy said when they subdivide it then we will have comments. Schroeder stated he doesn't see the value of a Trails Plan without the complete open space thing. Cassidy stated the Recreational Amenities Ordinance is tentatively scheduled on the January Assembly agenda, and he will talk to Dvorak to find out where it's been, what form it's been in, and how much it has changed. Dvorak sent it to the attorney for one more look at it. Cassidy will email it to the P &R for them to review. SALTONSTALL stated he wants to have the Trails Plan with a chapter that talks about recreational uses of open spaces and identify areas with high use. FOREMAN feels another attitude survey should be done, and through the survey we can identify the important areas. SIROFCHUCK suggested the bulleted list in our outline could be the scope of work for the RFP with the addition of 2 more bullets • identify important recreational areas • suggest new trail routes Cassidy asked if we are looking at the road system or what is the area we are trying to develop. SIROFCHUCK stated in this we defined it by the Fish & Game Hunting Regulations. FOREMAN said it covers Saltery, Miam, and Sheratine. FOREMAN said if we have a basic Trails Plan in place it gives us a template to go to Larsen Bay, Karluk, Port Lions, etc. and say "you have done your Comp Plan, we would like to help you with your Trails Plan." FOSTER stated the 17b easements are being vacated basically at a whim in areas. Some of those 17b easements that we could be losing could be of huge importance, and once they are vacated they are gone forever. SCHROEDER asked if we could put in the plan some course of action for how we would like to deal with vacation of easements, and how we would like it to go before a certain body. It was the consensus of the committee that the scope of work will be the bulleted items in the outline with the addition of; Identify important recreational areas with the understanding that although we are focusing on the road system it's probable there will be some outside road system issues and areas identified; and identify new trail routes. FOREMAN said there is no reason we can't say 17b easements are a major concern. As we develop procedures for this recommendation this conunittee should be recommended as part of the review process of 17b easements. Maybe, part of this plan can be an outreach plan to the villages for after this plan is complete we can see if we can help some of the villages develop a Trails Plan. Cassidy stated the key is to getting someone on board with experience that has been through the process. NEW BUSINESS A) January 22 " Meeting on Winter Use on Urban Lakes and Waterways SIROFCHUCK said FOREMAN we need to make sure there will be a quorum on January 22 " because FOREMAN will be in Juneau. FOREMAN asked if it counts as a quorum if she teleconferences in. SIROFCHUCK and FOREMAN will do the "Talk of the Rock" on the radio. December 11, 2007 Parks & Recreation Committee Meeting Minutes Page 3 of 4 SIROFCHUCK said we want people to just come to the meeting to talk about their uses, any related issues, areas they think are important, conflicts, etc. FOREMAN said by then we will know if the Assembly has put the extra money into budget for us to do the Trails Plan. COMMUNICATIONS There were no communications. REPORTS A) Meeting schedule: • December 25, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room is cancelled due to it being Christmas • January 8, 2008 regular meeting at 7:00 p.m. in the KIB School District Conference Room AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. VICE CHAIR FOREMAN MOVED TO ADJOURN the regular meeting. The motion was SECONDED by CHAIR SIROFCHUCK. The meeting adjourned at 8:10 p.m. ATTEST By: tet.Qo 1 Sheila Smith, Secretary Community Development Department DATE APPROVED: March 11, 2008. December 11, 2007 KODIAK ISLAND BOROUGH PARKS & RFCRE TION COMMITTEE Parks & Recreation Committee Meeting Minutes Page 4 of 4 CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by CHAIR SIROFCHUCK on January 22, 2008 in the KIB Conference Room. ROLL CALL Committee Members Present Excused 1 Mike Sirofchuck -Chair I X Pam Foreman 1- Hans Tschersich Kevin Foster X January 22, 2008 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE REGULAR MEETING - JANUARY 22, 2008 MINUTES X X X X F Jeff Huntley I Patrick Saltonstall r Andy Schroeder i Cassandra Juenger X Lori Demi Kevin Murphy ,: X Ian,Fulp __ ^µM`, 4 Chris L-1nch __ - _1 [ Peggy Tuttle r Absent 1 Others Present + f Bud Cassidy Community Development Dept. X T Sheila Smith j Community Development I. r X I I APPROVAL OF AGENDA COMMITTEE MEMBER SALTONSTALL MOVED to approve the agenda. The motion was SECONDED by COMMITTEE MEMBER DEMI, and it CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING There were no minutes of previous meeting. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. PUBLIC HEARINGS A) Winter Use of Urban Lakes & Waterways CHAIR SIROFCI-IUCK welcomed the public for coming. He stated the Borough Assembly requested the Parks and Rec Committee to investigate the winter use of urban lakes and waterways by motorized vehicles and by all users to determine if there are issues similar to the summer use of Island Lake. We want to make a long list of the conflicts and issues so the committee can look at the issues received to determine where we need to go from here. A quorum was established. COMMITTEE MEMBER SALTONSTALL MOVED TO EXCUSE the absent COMMITTEE MEMBERS. The motion was SECONDED by COMMITTEE MEMBER JUENGER, and it CARRIED by unanimous voice vote. Parks & Recreation Committee Meeting Minutes Page 1 of 3 Others present and giving public comment is: Bernd U. Meier, Wendy Beck, Rick Ellingson, Dany Stihl, Kenneth Stewart, and Russell Stewart. SAFETY ACCESS Ice thickness Walkers, skaters, skiers — motorized Island Lake — unpredictable soft spots Trying to limit arm (control) Borough/City check? NOISE CONFLICTS ATV'S, snow machines, & motorcycles off before 9:00 pm Island Lake noise 10 pm ATV noise on lake Time issue Jack Lakes 90 decibels Dark Lake Potato Patch — City Mission Lake Open to all? Motorized vs. Non - motorized Ability to get to waterways X Country vs. Ice skating ATV ruts -ban for skating /skiing Ice skating vs. Ice fishing (holes) Riding on salmon streams Trapper's access Populated areas SOLUTIONS Check w /Matsu about ice? Parents ATV Park Classes for riders Rope off areas (signs) off limits Rules of lake for winter? Some lakes motorized /some not(ski, skate, etc.) Enforcement? Time limits Motorized access with speed limit when - Education- noise, times, alternate areas non- motorized on lake Courtesy Same rules as summer? Schools USCG orientation OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications. REPORTS A) Meeting schedule: • February 12, 2008 regular meeting at 7:00 p.m. in the KIB School District Conference Room • February 14, 2008 P &Z/P &R Quarterly Update to the Assembly at 7:30 p.m. in the KIB Conference Room • February 26, 2008 regular meeting at 7:00 p.m. in the KIB School District Conference Room CHAIR SIROFCHUCK stated he'll be out of town until March 22n and won't be at the Quarterly Update. January 22, 2008 Parks & Recreation Committee Meeting Minutes Page 2 of 3 AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS SALTONSTALL said he wished people wouldn't throw rocks on the ice. TUTTLE stated she is glad she signed up to be on this committee because she has passion about having parks for the kids. JUENGER said it was great to have public comment tonight. DEMI said if you make too many rules in town they will end up out in the Flats. LYNCH stated she lives on Lake Orbin and there have been skaters and snowmobilers pulling kids around, and no racers on the lake. SIROFCHUCK apologized for leaving tomorrow and he won't return until March 22 ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. COMMITTEE MEMBER JUENGER MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER FOSTER. The meeting adjourned at 8:20 p.m. ATTEST By: YY t'C Sheila Smith, Secretary Community Development Department January 22, 2008 DATE APPROVED: March 11, 2008. KODIAK ISLAND BOROUGH PARKS-& --R CREATION COMMITTEE chuck, C Parks & Recreation Committee Meeting Minutes Page 3 of 3 CALL TO ORDER Mike Sirofchuck -Chair Pam Foreman Hans Tschersich I Kevin Foster Jeff Huntley Patrick Saltonstall X Andy Schroeder Cassandra Juenger X Lori Demi L Kevin Murp ! _ Ian ' Chris Lynch Peggy Tuttle ATTEST By: Committee Members � Present Excused February 12,2008 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTE REGULAR MEETING - FEBRUARY 12, 20082 MINUTES X X 1- \� 1 , 0.6k � Sheila Smith, Secretary Community Development Department DATE APPROVED: March 11, 2008. The regular meeting of the Parks & Recreation Committee was called to order at 7:19 p.m. by VICE -CHAIR FOREMAN on February 12, 2008 in the KIB School District Conference Room. ROLL CALL Absent Others Present X Bud Cassidy Community Development Dept. X ; Sheila Smith t -Y X A quorum was not established. 2 members of the community were present: Bernd Meier and Dany Stihl, Due to a lack of quorum, the meeting was not held. The meeting adjourned at 7:21 p.m. X Community Development KODIAK ISLAND BOROUGH PA : :• -' .CREATION COMMITTEE Parks & Recreation Committee Meeting Minutes Page 1 of 1 REGULAR MEETING FEBRUARY 29, 2008 CALL TO ORDER February 20, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR KING on February 20, 2008 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Dave King -Chair X Bud Cassidy, Director Brent Watkins X Community Development Dept. Casey Janz X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Gary Juenger X Jim Purdy X Vacant A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED TO APPROVE the minutes as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. PUBLIC HEARINGS A. Case 08 -011. Request s rezone, according to KIBC 17.72.030.B and KIBC 17.72.050, to investigate a change of zoning from B- Business to RNC -Rural Neighborhood Commercial. (Formerly a request to investigate the rezone of Tract A of Tract L, Russian Creek Alaska Subdivision from B- Business >Q RR1 -Rural Residential One.) Cassidy reported this case that was postponed a number of years ago until after the adoption of the Womens Bay Comp Plan that turned into the Kodiak Island Borough Comp Plan. The request is to create a RR1 Rural Residential One subdivision with RNC -Rural Neighborhood Commercial within the island of B- Business found in Womens Bay. With the passage of the new Comp Plan, the island of B- Business in Womens Bay was retained. This request is an attempt to address what some folks believe as pent up residential demand in the Womens Bay area and help this area that has struggled to become Business to reach its maximum potential. During our discussion last week the petitioner explained their desire for RRl, and we also heard from others P & Z Commission Meeting Minutes Page 1 of 12 who recommended that the Business zone that included some of the partners of the property next door — Mr. Lindsey and Mr. Kuljis. COMMISSIONER JANZ MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision from B - Business to RR -1 Rural Residential Zoning, and to adopt the "Findings of Fact" in the staff report dated February 11, 2008, in support of this recommendation. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Katherine Lindsay phone to speak opposing the request. Rob Lindsay stated he would rather have RR 1 than RNC. Bob Tarrant spoke in favor of RRl zoning. Andy Kuljis spoke in favor of RR over RNC. Public hearing closed: Regular session open: The question was called, and it FAILED 4 -2. The nays were COMMISSIONERS JUENGER, KERSCH, KING, and PURDY. The ayes were COMMISSIONERS WATKINS and JANZ. The commission had a brief discussion. COMMISSIONER WATKINS MOVED to postpone action on Case 08 -011, (with or without specific amendments) until the next regular Planning and Zoning Commission meeting on March 19, 2008, and to schedule the request for a new public hearing at that time; and to adopt the "Findings of Fact for Postponement" in the staff report dated February 11, 2008, in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing open: Rob Lindsay spoke for B- Business zoning, he's against RNC -Rural Neighborhood Commercial, and he prefers RRI -Rural Residential One over RNC Rural Neighborhood Commercial. Public hearing closed: Regular session open: The question was called, and it FAILED 6 -0. The commission had a brief discussion. COMMISSIONER WATKINS MOVED to recommend the Kodiak Island Borough approve a rezone from B- Business to RNC -Rural Neighborhood Commercial for Tract A of L, Tract K, Tract M, Tract NI, Tract N2, Tract N3 and Tract N4 Russian Creek Alaska Subdivision; and Lots 1 and 2 of Dayton Subdivision. 11723, 11883, 11945, 11967 and 11979 S. Russian Creek Road; 835, 859, 893, and 935 Panamaroff Creek Drive, and adopt Findings of Fact in the staff report dated February 11, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER PURDY. February 20, 2008 P & Z Commission Meeting Minutes Page 2 of 12 Regular session closed: Public hearing open: Public hearing closed: Regular session open: The question was called, and it FAILED 6 -0, B) Case 08 -017. Request an investigation of a rezone, according to KIBC 17.72.030.B (Manner of Initiation) to consider the rezone of approximately 157 acres of land comprising the new Ouzinkie Airport from C- Conservation to LI -Light Industrial; and A two conditional use permits, per KIBC 17.27.040 and KIBC 17.13.040.B (Conditional Uses) to permit airport related uses as permitted uses in the LI -Light Industrial zoning district and to provide an interim CUP for airstrip in the C- Conservation zoning district until the LI -Light Industrial zone becomes effective. Cassidy reported this is a rezone of property in Ouzinkie that will be the site of the future Ouzinkie airport. The existing airport has problems, the location of the landfill is adjacent to the airport, something not permitted to eliminate bird and plane conflicts, and there is a need for a longer runway. We are taking a number of actions at the request of DOT who wants to move forward with the appraisal and property acquisition of the parcels. The first is a rezone of the area from C- Conservation to LI -Light Industrial, but because this takes an additional two reading by the Assembly, other actions are required. Secondly, two CUP's, one is an interim measure until the zoning is approved by the Assembly. An airport is a conditional use in the Conservation zone, and the other is to allow for all other airport uses (support business and uses). Staff recommends approval of the rezone and the two conditional permits. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of three parcels as generally identified by ADOT /PF, totaling approximately 157 acres, from C- Conservation to LI -Light Industrial, and to adopt the "Findings of Fact" in the staff report dated February 7, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The proposed rezone of the new Ouzinkie Airport from C- Conservation to LI- -Light Industrial is appropriate for the development of a new airport to serve the Ouzinkie community. The rezone will eliminate the nonconforming status of the existing airport and allow the expansion of the airport to improve safety, increase capacity, and generally bring the new airport into full compliance with all applicable FAA regulations pertaining to utility airports. After the zoning February 20, 2008 P & Z Commission Meeting Minutes Page 3 of 12 becomes effective, a single conditional use permit will allow all future airport related development as a "use -by- right" that is eligible for "over- the - counter" zoning compliance review. The proposed rezone will not create any nonconforming lots or uses. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed LI- -Light Industrial zoning district is generally consistent with the objectives of the 2007 Kodiak Island Borough Comprehensive Plan Update and the incorporated Ouzinkie Annex to that plan. The question was called, and it CARRIED 6 -0. COMMISSIONER WATKINS MOVED TO GRANT a conditional use permit (CUP) in accordance with KIBC 17.13 and 17.67 to allow the development of a new utility airport (as defined in KIBC 17.06.014) to be located north of Ouzinkie on a site approximately 157 acres in area, as generally described in the application materials submitted by the Alaska Department of Transportation & Public Facilities, and to adopt the findings contained in the staff report dated February 7, 2008 as FINDINGS OF FACT for this case.. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: FINDINGS OF FACT (Applicable to both the C- Conservation and LI -Light Industrial zones as indicated within) 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Ouzinkie Airport is a nonconforming land use located within the R1- Single- family Residential zoning district. The airport needs to be substantially expanded and rebuilt in order to me current ADOT &PF and FAA standards for utility airports. Moving the airport farther away from the Ouzinkie Townsite will allow for the development of a new utility airport which will not inhibit the future growth of the Ouzinkie community and which will improve the safety of flight operations to and from the community. The proposed airport is located in a largely undeveloped area so that airport generated noise and traffic is less likely to be a nuisance to the majority of Ouzinkie residents. In addition to the air traffic safety improvements, the new airport will provide greater opportunity for airport related services to be developed which may also benefit the community. A conditional use permit (CUP) to allow a utility airport in the C- Conservation zoning district will provide an interim approval to allow the airport project to move forward while the CUP for the LI -Light Industrial zone is awaiting its effective date. The CUP for the LI- Light Industrial zone is intended to provide for long term approval of future airport and February 20, 2008 P & Z Commission Meeting Minutes Page 4 of 12 airport related developments, essentially making them an "over -the- counter" permit review. The LI -Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the new utility airport project is reviewed for zoning compliance, whether the site is zoned C- Conservation or LI -Light Industrial, ADOT &PF will be required to submit a detailed site plan for review by borough staff. Staff will then ensure that the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. 3. That granting the conditional use - permit will not be harmful to the public health, safety, convenience and comfort The Ouzinkie Airport has been operating at its present location for many years. This location is makes the use a non - conformity in the R1- Single - family Residential zoning district. In addition, the location of the existing airport is not ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location may increase a conflict between air traffic and birds that are attracted to the Ouzinkie landfill. Granting the interim CUP in the C- Conservation zoning district, and the long -term CUP to allow the new utility airport and all airport related uses in the LI -Light Industrial zoning district, will benefit the public health, safety, convenience and conform by improving air safety for traffic to and from the community. In addition, the new airport, located away from the Ouzinkie Townsite, will allow more room for community growth and will distance airport noise and traffic from the majority of community residents. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The C- Conservation conservation zoning district has substantial setbacks and minimum lot dimensions that can all be met based on the land status maps submitted by ADOT &PF. While the LI- -Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT &PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The relocation of the airport farther north of the Ouzinkie Townsite ensures that there will adequate land area for these standards to be accommodated in the design and construction of the new airport. The question was called, and it CARRIED 6 -0. COMMISSIONER JANZ MOVED TO GRANT a conditional use permit (CUP) in accordance with KIBC 17.27 and 17.67 to allow the development of a new utility airport (as defined in KIBC 17.06.014) to be located north of Ouzinkie on a site approximately 157 acres in area, as generally described in the application materials submitted by the Alaska Department of Transportation & February 20, 2008 P & Z Commission Meeting Minutes Page 5 of 12 Public Facilities, subject to one (1) condition of approval, and to adopt the findings contained in the staff report dated February 7, 2008 as FINDINGS OF FACT for this case. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITION OF APPROVAL 1. The conditional use permit (CUP) does not become effective until the KIB Assembly adopts an ordinance to change the zoning of the site to LI -Light Industrial. FINDINGS OF FACT (Applicable to both the C- Conservation and LI -Light Industrial zones as indicated within) 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Ouzinkie Airport is a nonconforming land use located within the R1- Single- family Residential zoning district. The airport needs to be substantially expanded and rebuilt in order to me current ADOT &PF and FAA standards for utility airports. Moving the airport farther away from the Ouzinkie Townsite will allow for the development of a new utility airport which will not inhibit the future growth of the Ouzinkie community and which will improve the safety of flight operations to and from the community. The proposed airport is located in a largely undeveloped area so that airport generated noise and traffic is less likely to be a nuisance to the majority of Ouzinkie residents. In addition to the air traffic safety improvements, the new airport will provide greater opportunity for airport related services to be developed which may also benefit the community. A conditional use permit (CUP) to allow a utility airport in the C- Conservation zoning district will provide an interim approval to allow the airport project to move forward while the CUP for the LI -Light Industrial zone is awaiting its effective date. The CUP for the LI- Light Industrial zone is intended to provide for long term approval of future airport and airport related developments, essentially making them an "over- the - counter" permit review. The LI -Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the new utility airport project is reviewed for zoning compliance, whether the site is zoned C- Conservation or LI -Light Industrial, ADOT &PF will be required to submit February 20, 2008 P & Z Commission Meeting Minutes Page 6 of 12 a detailed site plan for review by borough staff. Staff will then ensure that the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. 3. That granting the conditional use - permit will not be harmful to the public health, safety, convenience and comfort The Ouzinkie Airport has been operating at its present location for many years. This location is makes the use a non- conformity in the R1- Single- family Residential zoning district. In addition, the location of the existing airport is not ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location may increase a conflict between air traffic and birds that are attracted to the Ouzinkie landfill. Granting the interim CUP in the C- Conservation zoning district, and the long -term CUP to allow the new utility airport and all airport related uses in the LI -Light Industrial zoning district, will benefit the public health, safety, convenience and conform by improving air safety for traffic to and from the community. In addition, the new airport, located away from the Ouzinkie Townsite, will allow more room for community growth and will distance airport noise and traffic from the majority of community residents. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The C- Conservation conservation zoning district has substantial setbacks and minimum lot dimensions that can all be met based on the land status maps submitted by ADOT &PF. While the LI- -Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT &PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The relocation of the airport farther north of the Ouzinkie Townsite ensures that there will adequate land area for these standards to be accommodated in the design and construction of the new airport. The question was called, and it CARRIED 6 -0, C) Case 03 -010. A request for rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 and Isthmus Bay Subdivision, Lot 2 from C- Conservation and RR2 -Rural Residential Two to RNC -Rural Neighborhood Commercial. Cassidy reported this case was postponed pending the completion of the Comp Plan. It was actually postponed twice. In your packet is a supplemental Memorandum for your consideration on this case, and in it is a somewhat different recommendation. It results from discussions we have had with the petitioner since the work session. The desire of the applicant is to remove the lot line between the two parcels creating one larger 13 acre parcel, so instead of rezoning two parcels you will be considering the rezoning of one parcel. Some of this had to do with access issues with the two landlocked lots. Staff is concerned about this much Rural Neighborhood Commercial land in the area especially since the desire of the community is for smaller scaled business that will support the Chiniak community as well as provide opportunities for tourism to take advantage of Chiniak's recreational and scenic attributes. Mr. and Mrs. Lucas have agreed to February 20, 2008 P & Z Commission Meeting Minutes Page 7 of 12 a plat note that states that no future subdivision of the property will occur. Staff agrees that this will help in keeping the Chiniak rural character. The downside is that a future Planning and Zoning Commission can consider and reverse this plat note, but only after a public hearing. Staff recommends approval of this rezone request subject to a number of conditions. COMMISSIONER JANZ MOVED TO APPROVE the rezoning of Lots 1, U.S. Survey 4935 from C- Conservation to RNC -Rural Neighborhood Commercial and Lot 2, Isthmus Bay Subdivision from RR2 -Rural Residential Two to RNC -Rural Neighborhood Commercial and to forward the request to the Kodiak Island Borough Assembly for further review subject to the following Effective Clauses. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: Bob Brodie spoke in favor of the request but feels the plat note will be problematic to future development. Public hearing closed: Regular session opened: A brief discussion of the RNC zone and what the plat note provides. John Lucas, applicant, stated he would like to rescind putting a plat note on. COMMISSIONER WATKINS MOVED to change Effective Clause #2 to read "The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the Planning and Zoning Commission." The motion was SECONDED by COMMISSIONER KERSCH. The question was called on the amended motion, and it FAILED 3 -3 EFFECTIVE CLAUSES 1 The rezone shall not become effective until the petitioner has acquired the necessary building permits, zoning compliance permits and septic system approvals for all existing structures on the parcel; and 2. The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the planning commission with a note placed on the plat that states: "No further subdivision of this parcel shall occur" ;and 3. A rezone shall not become effective until a determination is made as to which structures on Lot 1, U.S. Survey 4935 are considered "grandfathered" under Borough Ordinance 80 -24 -0. This requires the petitioner to provide KIB with documentation that these structures existed prior to June 5, 1980; and 4. A rezone shall not become effective until legal access to Lot 2, U.S. Survey 4935 is created by plat or by recordable document. The question was called, and it CARRIED 6 -0. February 20, 2008 P & Z Commission Meeting Minutes Page 8 of 12 COMMISSIONER JUENGER MOVED to adopt the following findings in support of the decision for the rezone of Case 03 -010. The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a change or amendment The rezone to RNC -Rural Neighborhood Commercial is consistent with the communities' desire to have small scaled commercial uses that will serve the Chiniak Community as well as provide for a fledging tourism industry to take advantage of the recreational and scenic qualities found in Chiniak. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed rezone is consistent with the express recommendations contained in the 2007 Kodiak Island Borough Comprehensive Plan. The question was called, and it CARRIED 6 -0. D) Case 03 -011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, 1 and 2 — 3, and Block 3, Lots 1 & 2 from Rl — Single Family Residential to B- Business. Cassidy reported we've had a flurry of phone calls, emails, and faxes on all the Larsen Bay requests. We received a resolution by the City of Larsen Bay to postpone these cases until the commission travels to Larsen Bay. This is a very big issue with the community for them to draft this resolution. A lot has transpired since 2003 since these cases were postponed, and having a meeting in or having staff travel to Larsen Bay makes since. Some of the property owners have also changed. People living outside also want to participate. Staff included in the packet three public hearing notices returned with comments: one has to do the view of an adjacent party, one that has been submitted by the tribal council concerned about the historical significance of sites, and one on issues like water meters, electrical meters, etc. Staff is recommending a postponement of all Larsen Bay cases until there is a visit to the community. COMMISSIONER JANZ MOVED TO POSTPONE action on Rezone Case 03 -011 and reschedule it for a public hearing on a date to be decided, and the hearing will be held at a location to be announced. The motion was SECONDED by COMMISSIONER KERSCH. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The commission had a brief discussion and decided they would like to hold a public hearing in Larsen Bay probably in May. The question was called, and it CARRIED 6 -0. February 20, 2008 P & Z Commission Meeting Minutes Page 9 of 12 E) Case 03 -012. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1- Single Family Residential to B- Business. Cassidy reported 34 public hearing notices were distributed. He stated this lodge is in the center of town. A number of comments were submitted. Staff recommends postponing this case. COMMISSIONER JUENGER MOVED TO POSTPONE action on Rezone Case 03 -012 and reschedule it for a public hearing to be held on a later date. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 6 -0. F) Case 03 -016. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 19, Lot 4 from R1- Single Family Residential to B- Business. Cassidy reported this case if for a lodge on the west side of town. He stated he received a call from Mrs. Peterson requesting postponement. Staff recommends postponement also. COMMISSIONER WATKINS MOVED TO POSTPONE action on Rezone Case 03 -016 and reschedule it for a public hearing on a date to be decided, and the hearing will be held at a location to be announced. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 6 -0. G) Case 03 -018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1- Single Family Residential to B- Business. Cassidy reported this request is for a lodge on the west side of town. Staff recommends postponement of this case also. COMMISSIONER JANZ MOVED TO POSPTONE action on Rezone Case 03 -018 and reschedule it for a public hearing on a date and place to be announced. The motion was SECONDED by COMMISSIONER JUENGER. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 5 -0. COMMISSIONER WATKINS abstained from voting. February 20, 2008 P & Z Commission Meeting Minutes Page 10 of 12 OLD BUSINESS There was no old business. NEW BUSINESS A) Commission Elections CHAIR KING opened the floor for nominations for Chair. COMMISSIONER JUENGER nominated Dave King as Chair COMMISSIONER KERSCH nominated Dave King as Chair. There were no further nominations. A roll call vote was taken on Dave King for Chair, and it CARRIED 5 -1. CHAIR KING voted nay. CHAIR KING opened the nominations for Vice Chair. COMMISSIONER KERSCH nominated COMMISSIONER WATKINS for Vice Chair. There were no further nominations. A roll call vote was taken on Brent Watkins for Vice Chair, and it CARRIED 5 -0. COMMISSIONER WATKINS abstained from voting. COMMUNICATIONS A) Communications regarding the Sand Removal at Pasagshak Cassidy stated this is a letter to Brechan Enterprises verifying their grandfathered rights for sand removal at Boat Beach in Pasagshak. COMMISSIONER JANZ MOVED TO ACCEPT communications as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS A) Meeting schedule: • March 12, 2008 work session at 7:30 p.m. in the KIB Conference Room • March 19, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers B) Reception to Honor all Board Members, Commissioners, Committee Members, and Volunteers on February 22, 2008 from 7:00 p.m. — 9:00 p.m. at the Kodiak Fisheries Research Center AUDIENCE COMMENTS There were no audience comments. COMMISSIONER COMMENTS COMMISSIONER PURDY thanked the commission for welcoming him. February 20, 2008 P & Z Commission Meeting Minutes Page 11 of 12 COMMISSIONER JANZ welcomed COMMISSIONER PURDY. She also said she feels food postponing the Larsen Bay rezone cases. COMMISSIONER KERSCH stated he is happy about having 2 new commissioners. It's also been an interesting evening. COMMISSIONER JUENGER welcomed the new commissioners. COMMISSIONER WATKINS thanked everyone, and welcomed COMMISSIONER PURDY and Erin Harrington. CHAIR KING thanked everyone, and he feels we got a lot accomplished. Staff does a great job. King also welcomed Erin Harrington. ADJOURNMENT CHAIR KING ADJOURNED the regular meeting at 9:35 p.m. ATTEST By: February 20, 2008 eicla L � Sheila Smith, Secretary Community Development Department DATE APPROVED: March 19, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Q By: Dave King, Chair P & Z Commission Meeting Minutes Page 12 of 12 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:37 p.m. by CHAIR KING on March 19, 2008 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Dave King -Chair X Brent Watkins X Casey Janz X Bill Kersch X Gary Juenger Jim Purdy X Erin Harrington X A quorum was established. COMMISSIONER JANZ MOVED to excuse COMMISSIONER JUENGER. It was SECONDED by COMMISSIONER KERSCH, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the February 20, 2008 minutes as submitted. COMMISSIONER PURDY SECONDED the motion, and it CARRIED by unanimous voice vote. March 19, 2008 REGULAR MEETING MARCH 19, 2005 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO X MINUTES AUDIENCE COMMENTS AND APPEARANCE REQUESTS Debora King spoke in support of the Jack Johnson banquet facility. Jack Maker stated it is time we look at our parking ordinances for downtown. Chris Fiala reiterated it's time to look at the parking situation. Cheryl Boeland stated she feels the P &Z meetings are important enough to be aired over the radio, and also because we aren't being televised tonight the phone number doesn't have to be read. PUBLIC HEARINGS A) Case S08 - 013. Request for preliminary approval, according to KIBC 16.40, of the subdivision of portions of U.S. Survey 2261, U.S. Survey 4947, and ATS 1266 creating Tract F within U.S. Survey 2261, U.S. Survey 4947, and Alaska Tideland Survey No. 1266 on Near Island. The zoning is LI- Light Industrial and C- Conservation. P & Z Commission Meeting Minutes Bud Cassidy, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. Page 1 of 8 Staff reported this request is to create a parcel on Near Island that encompasses Trident Basin. The Commission previously approved a rezone of this area to the Light Industrial zoning district, but without a survey it was a floating district. That rezone approval was subject to the City bringing in an actual subdivision plat. The zoning request that was approved was based on a metes and bounds description, not a survey, but a legal description. What we recently found out was the metes and bounds description that the Commission approved for the rezone and this plat do not jive. Given some of the concerns that the City Manager had at the work we recommend postponement until next month. COMMISSIONER JANZ MOVED TO POSTPONE Case S08 -013 until next months regular meeting. COMMISSIONER HARRINGTON SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: The question was called, and it CARRIED 6 -0. B) Case 08 -018. Request a rezone, according to KIBC Chapter 17.72, of Lot 4, Block 5, Miller Point Subdivision from RR 1 -Rural Residential One to B- Business. The location is 4210 Otmeloi Way. Cassidy reported the additional packet material you received tonight is a significant amount of written comments and a petition all opposing this rezone. The request is for a rezone from RR1 to Business on the corner lot on Otmeloi and Rezonof that's been cleared and the rock removed located across from Baysidc Fire Department. It's separated from other Business zoned lots in the area by Otmeloi Road. Staff recommends denial due to we've just completed a 2 1/2 year process where we adopted the Kodiak Island Comprehensive Plan in December. We took a tremendous amount of public input on this plan and not once was this area discussed for expansion of the Business use. Staff's recommendation is for denial because it's just too early to start making changes to the Comp Plan. COMMISSIONER WATKINS MOVED to recommend that the Kodiak. Island Borough Assembly approve the rezoning of Lot 4, Block 5, Miller Point Subdivision from RR1 -Rural Residential One to B- Business. COMMISSIONER PURDY SECONDED the motion. Regular session closed: Public hearing opened: Chris Lynch, applicant's agent, spoke in support of this request. Pete Thompson spoke opposing the request. Debra Nelson spoke opposing the request. Jenny Wandersee, one of the owners, spoke in support of this request. Barbara Rabold spoke opposing the request. Opal Oliver spoke opposing the request. Public hearing closed: Regular session opened: March 19 2008 P & Z Commission Meeting Minutes Page 2 of 8 The question was called, and it FAILED 5 -1. The nay votes were COMMISSIONERS JANZ, KERSCH, PURDY, HARRINGTON, and the aye votes were COMMISSIONER WATKINS and CHAIR KING. When asked if anyone would like to change his or her vote CHAIR KING stated yes, he would like to change his vote to nay. COMMISSIONER HARRINGTON MOVED to adopt the findings of Fact in the staff report dated March 10, 2008 in support of the denial of Case No. 08 -018. The motion was SECONDED by COMMISSIONER JANZ. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. No justification for the rezone has been offered, nor has any need for the rezone been shown. The proposed use lacks a retail component, a key characteristic distinguishing the B - Business Zoning District from the Industrial or Light Industrial zoning districts. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be inconsistent with objectives of the 2008 Kodiak Island Borough 2008 Comprehensive Plan. A rezone to B - Business Zoning District would add to an existing under - utilized inventory of Business zoned lands. The question was called, and it CARRIED 5 -1. The nay vote was COMMISSIONER PURDY. C) Case 08 -019. Request a Variance, according to KIBC Chapter 17.66, to allow a single- family on Lot 7, U.S. Survey 2873 to reduce the number of available off-street parking spaces from three (3) conforming off - street parking spaces currently located on adjoining Lot 8, a lot in common ownership, 1 two (2) off - street parking spaces proposed to be developed on Lot 7, a total variance of one (1) off - street parking space. It is zoned RI- Single Family Residential. COMMISSIONER KERSCH requested he be excused from the public hearing. Cassidy reported staff met with the owner on site and have come up with a parking plan that meets the code, and since this has been advertised as a public hearing item staff recommends holding the public hearing. The need for a variance is now moot. In your packet is a supplemental memo describing this agreement with the applicant. Staff recommends denial of this request. COMMISSIONER HARRINGTON MOVED to grant a variance, according to KIBC Chapter 17.66, to allow a single - family on Lot 7, U.S. Survey 2873 to reduce the number of available off - street parking spaces from three (3) conforming off - street parking spaces currently located on adjoining Lot 8, a lot in common ownership, ID two (2) off- street parking spaces proposed to be developed on Lot 7, a total variance of one (1) off-street parking space; and to adopt the findings in that staff report dated March 10, 2008, as "Findings of Fact" for Case 08 -019. It was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: March 19, 2008 P & Z Commission Meeting Minutes Page 3 of 8 Public hearing closed: Regular session opened: The question was called, and it FAILED 5 -0. COMMISSIONER JANZ MOVED to adopt the Findings of Fact in the staff report dated March 10, 2008 in support of the denial of Case 08 -019. The motion was SECONDED by COMMISSIONER WATKINS. 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. Variances provide for the fact that all lots in a particular zoning district are not equally developable according to a single set of development standards. However, the parcel subject to this request is no more or less burdened by physical circumstances or conditions that apply equally to similarly situated parcels in the same zoning district. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the development of code compliant, off - street parking, located on the same lot as the dwelling unit that would be served by the off - street parking. The record demonstrates that it is possible and practical to develop the required off - street parking, and that the cost of doing so would not create an unnecessary hardship. 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. Granting the variance will not result in material damages or prejudice to other similarly situated properties in the vicinity, nor be detrimental to the public safety and welfare. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting this variance will be consistent with the objectives of the Comprehensive Plan which identifies this area as residential. 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. It may be inferred by the record that the applicants had, at the very least, constructive knowledge of the historical association between Lot 7 and Lot 8, and the special burden borne by Lot 8. The applicants chose to consummate the purchase of the parcels in light of that fore knowledge, and now seek relief from that voluntarily assumed burden. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The granting of this variance will not permit a prohibited land use in this district. The question was called, and it CARRIED 5 -0. D) Case 08 - 020. Request a Variance, according to KIBC Chapter 17.66 to allow a conversion of land use and structure on Lot 1, Block 3, New Kodiak Subdivision from a conforming March 19, 2008 P & Z Commission Meeting Minutes Page 4 of 8 automobile dealership and repair center to a 240 occupant meeting and banquet facility requiring at least sixty (60) off-street parking spaces (including loading berth and accessible spaces) where only thirteen (13) off - street parking spaces (including loading berth and accessible spaces) are proposed on the site, a total variance of forty -seven (47) off - street parking spaces. Cassidy reported there is a large packet of comments which all are in support for the variance, and an un- official parking study done by COMMISSIONER WATKINS. This variance request asks relief from providing the 60 required parking spaces by providing only 13, a variance of 47 spaces. The concern is should this center receive a variance in this zoning district where a number of folks have not received a variance and have been required to obtain leases for adjacent property to meet the parking requirements? The commission can grant variances if it meets the standards laid out in State Statute and Borough Code in granting a variance. Mr. Johnson does have options; the parking could be provided on adjacent lots, some lots owned by Johnson. Staff's concern is that in this zoning area outside the core area the standard is you have to meet the parking whether it requires a lease or an agreement. If you grant a variance be sure you meet all the conditions and this variance should be tied to this use. The Commission had a brief discussion on the downtown parking and the codes. COMMISSIONER WATKINS MOVED to grant a variance, according to KIBC Chapter 17.66 to allow a conversion of land use and structure on Lot 1, Block 3, New Kodiak Subdivision from a conforming automobile dealership and repair center to a 240 occupant meeting and banquet facility requiring at least sixty off - street parking spaces (including loading berth and accessible spaces) where only thirteen off - street parking spaces (including loading berth and accessible spaces) are proposed on the site, a total variance of forty -seven off - street parking spaces and to adopt the following findings of fact provided by the commission: 1) Revisiting the parking code has been a discussion at several meetings and our case load has kept us from addressing the issue. Across the street this parking requirement would not be an issue as it would fall into the core parking area. 2) There is a large quantity of parking around the downtown area that can readily absorb the needed spaces. 3) Granting the variance would enhance the number of people using the downtown as a destination and enhance properties in the area. 4) Granting the variance is consistent with the Comprehensive Plan. 5) This variance would be for the property used as a convention center only. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Jack Johnson spoke in support of his request. Jeff Barnes spoke in favor of the request. Norm Wooten spoke in support of this request. Chris Lynch spoke in favor of the request. Mark Anderson spoke in favor of the request. Pam Foreman spoke in favor of the request. March 19 2008 P & Z Commission Meeting Minutes Page 5 of 8 Marty Owen spoke in favor of the request. Rhonda Maker spoke in favor of the request. Dr. Bob Johnson spoke in favor of the request. Marion Owen spoke in favor of the request. Public hearing closed: Regular session opened: During discussion, it was the consensus that the parking issues do need to be looked at. COMMISSIONER WATKINS MOVED TO AMEND the motion to add #6 to the findings of facts: This is a limited use facility and will be used intermittently and the parking requirements would be intermittent use as well, and granting this variance would not permit a prohibited land use in this district. The motion was SECONDED by COMMISSIONER JANZ. 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. Revisiting the parking code has been a discussion at several meetings and our case load has kept us from addressing the issue. Across the street this parking requirement would not be an issue as it would fall into the core parking area. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. There is a large quantity of parking around the downtown area that can readily absorb the needed spaces. 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. Granting the variance would enhance the number of people using the downtown as a destination and enhance properties in the area. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting the variance is consistent with the Comprehensive Plan. 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. This variance would be for the property used as a convention center only. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. This is a limited use facility and will be used intermittently and the parking requirements would be intermittent use as well The granting of this variance will not permit a prohibited land use in this district. The question was called on the amended motion, and it CARRIED 6 -0. The question was called on the main motion, and it CARRIED 6 -0. March 19 2008 P & Z Commission Meeting Minutes Page 6 of 8 OLD BUSINESS There was no old business NEW BUSINESS A) Kodiak Island Borough Comprehensive Land management Program Cassidy reported April 19 Saturday morning at 9:00 a.m. we are meeting with the Assembly to talk about a land sale or an overall comprehensive land management program. If you want to convey any parking issues to the Assembly this would be the time to do it. COMMISSIONER HARRINGTON MOVED TO ACCEPT New Business Item A as submitted. The motion was SECONDED by COMMISSIONER KERSCH, and it CARRIED 5- 1 by voice vote. COMMISSIONER PURDY voted nay. COMMISSIONER PURDY asked staff about the Comprehensive Land Management Program. Cassidy stated instead of focusing only on land sales let's look at the whole comprehensive land management of borough lands. He also stated you are just accepting or acknowledging communications, you're not voting on them. COMMUNICATIONS There were no communications. REPORTS Meeting schedule: • April 9, 2008 work session at 7:30 p.m. in the KIB Conference Room • April 16, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers Cassidy reported the commission will be going to Larsen Bay probably on May 9 and returning the afternoon of May 10 and you will probably have to bring sleeping bags. COMMISSIONER WATKINS MOVED TO ACCEPT reports as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. AUDIENCE COMMENTS Jack Maker thanked the commission on their decision tonight, and encouraged the commission to look into the parking issues. He also stated every business downtown is struggling and if anyone wants to expand parking it's an issue. People have to accrue an additional expense to come up with the parking. Rhonda Maker stated Eugene's Restaurant has been for sale for some time and it hasn't sold because of the parking. COMMISSIONER COMMENTS COMMISSIONER JANZ said she likes the way the cases were written. She also feels the codes should diligently be stuck to, and she's looking forward to working on the parking codes. She also enjoys working with a full commission. COMMISSIONER HARRINGTON said one thing she will bring to the meetings besides attentiveness and thoughtfulness is she always has a laundry list. March 19, 2008 P & Z Commission Meeting Minutes Page 7 of 8 COMMISSIONER WATKINS stated he has mixed feelings on the Wandersee case. He's happy they're going to look at the parking issues. COMMISSIONER PURDY stated he will also like to look at the parking issues, and he has mixed feelings about the Wandersee case as well. ADJOURNMENT COMMISSIONER JANZ MOVED TO ADJOURN. COMMISSIONER KERSCH SECONDED the motion, and it CARRIED by unanimous voice vote. CHAIR KING ADJOURNED the regular meeting at 9:40 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: April 16, 2008 March 19, 2008 P & Z Commission Meeting Minutes Dave King re"-F fi (242 r (},te K. Page 8 of 8 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING / BUDGET HEARING MINUTES March 1.0, 2008 Call to Order — 7:15 pm Members Present — John Isadore, Scott Griffin, Jessica Horn, Dave Conrad Craig Breitung, Spencer Schaeffer, George Lee - Excused Guests —Steve Honnold Citizens Comments — Mr. Steve Honnold addressed the drainage situation at or near the intersection of Chiniak Drive and Sargent Creek Road. Honnold thanked the Board for the job to date to help keep water from flooding properties south of the intersection with last summers ditching and culvert installation as well as the recent removal of snow placed in the ditch during snow removal events by both the contractor and residents. Honnold stated that he believed the driveway culverts at the Haight property were undersized and were contributing to water crossing the road from east to west at the intersection: He realized that there are significant costs involved and urged the Board to look at working within the existing easements: Honnold expressed concern regarding damage to the culvert on Chiniak Drive that could add to potential flooding with the spring thaw. Isadore mentioned that he has been in contact with the KIB staff and is awaiting information regarding existing easements and plats for the area. He stated that when the KIB staff has completed research that a meeting would be held with KIB Staff and the area residents. Approval of Minutes — Minutes from February 5, 2008 were approved as submitted. MOTION: Griffin made a motion to table all old and new business with the exception of the Budget Packet Review and preparation. Seconded: Horn Voice Vote: All Ayes Old Business Fire Department — Road Service — New Business Fire Department - FY 09 Budget Package Review Conrad presented and reviewed the proposed budget for the Board as prepared by the Fire Department. Discussion was held regarding changes of monies within the budget line items to reflect increases in utilities and insurances. MOTION: Griffin made a motion to accept and forward the Fire Department Budget to the KIB as presented. Seconded: Horn Voice Vote — Unanimous vote, All Ayes Road Service - FY09 Budget Package Review The Board reviewed the past years budget and prepared the FY09 proposed budget for submission to the KIB as presented. Discussion was held regarding the merits of raising the mil rate to reflect recent costly winter seasons. The general consensus was to not raise the mil rate rather to consider a mil rate hike with the next budget in anticipation of increased cost with the maintenance contract. MOTION: Conrad made a motion to accept and forward the FY09 budget to the KIB as presented. Seconded: Griffin Voice Vote — Unanimous vote, All Ayes Board Member Comments — None Next meeting set for March 25, 2008 at 7:OOPM. MOTION — Griffin — Motion made to adjourn at 8:37PM. Seconded by Horn Voice Vote — Unanimous � �� ' f� G�' ��,. �'�� .- �..�� � erson e WitrTesS y , Please print KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: our name Please • rint our name Kodiak Island Borough Assembly Regular Meeting Guidelines May 1, 2008, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA AD items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. Mayor Selby announces that an application was received for a Board of Equalization seat and needs to be added to the agenda. The BOE is scheduled to meet on May 12 and 13 Per KIBC 2.17.060C, a subject not on the agenda may be considered only by unanimous consent. Recommended motion: Move to amend the agenda by adding Item 13.D.1 — Assembly Appointment to the Board of Equalization. ROLL CALL VOTE ON MOTION TO AMEND VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA AS AMENDED 5. *APPROVAL OF MINUTES A. Special Meeting of January 3, 2008. B. Regular Meeting of April 3, 2008. 6. AWARDS AND PRESENTATIONS A. Proclamations — Mayor Selby Awakening of the Bear — Iver Malutin Municipal Clerks Week — Nova Javier Kodiak Island Borough Assembly Guidelines May 1, 2008 Page 1 Emergency Medical Services Week — Chief Bob Nimes Honoring Older Americans Month of Alaska — Emil Norton B. Student of the Month — Mayor Selby Ben Hoy — April Student of the Month, Sophmore at Old Harbor School 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 is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Ordinance No. FY2008 -09 Amending Kodiak Island Borough Code Of Ordinances Title 2 Administration And Personnel, Chapter 2.17 Rules Of The Assembly, Section 2.17.020 General Rules To Allow Attendance And P. rticipation At,Mee i • _ : Members Of The Assembly B Teleconference, tp s 1p Recommended motion: M • ■ e to: I . . Postpone Ordinance No. FY2008 -09 i • efinitely OR k(k • - • \ ' ' ' ' A I L 1- Move to postpone to (time s • e ' ' , • R Move to Cr V VeikriA)) Staff Report — Clerk Javier. Assembly discussion. ROLL CALL VOTE ON MOTION. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2006 -39B Amending Contract No. FY2006 -39 Solid Waste Collection With Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste. Clerk's Note: Attached on yellow paper is information from Assembly member Stutes. Recommended motion: Move to authorize the manager to execute Contract No. FY2006 -39B amending Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK. Staff Report — Manager Gifford. uIq luDiU I S Kodiak Island Borough Assembly Guidelines May 1, 2008 Page 2 Kodiak Island Borough May 1, 2008 Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. *Resolution No. FY2008 -32 Adopting to Participate in the AMLJIA Loss Control Incentive Program. 2. Resolution No. FY2008 -33 Concluding the Lawsuit Stephens Vs. Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl. Recommended motion: Move to adopt Resolution No. FY2008 -33. Staff Report — Manager Gifford. Assembly discussion — amendments may be offered at this time. If the Assembly wishes to convene into executive session: Recommended motion: Move to convene into executive session to discuss status and litigation strategies on the Stephens vs. Kodiak Island Borough litigation which qualifies for executive session under pending litigation and confidential attorney - client communications. ROLL CALL VOTE ON MOTION Please invite all Assembly members, the Manager, Clerk's Office Staff, and the Borough Attorney to participate. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, the Assembly may make a motion if necessary. ROLL CALL VOTE ON MOTION TO ADOPT RESOLUTION NO. FY2008 -33. 3. Resolution No. FY2008 -34 Paying the Legal Fees Incurred by Defendants Kodiak Island Borough, Kodiak Island Borough Assembly, Assembly Members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes, and Mayor Jerome Selby, Each in His or Her official Capacity, in the Lawsuit Stephens Vs. Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl. Recommended motion: Move to adopt Resolution No. FY2008 -34. Staff Report — Manager Gifford. Assembly discussion — amendments may be offered at this time. If the Assembly wishes to convene into executive session: Assembly Guidelines Page 3 Recommended motion: Move to convene into executive session discuss the payment of legal fees relating to the Stephens vs. Island Borough litigation which ss�on to potential or pending litigation. qualifies for executive session K undek ROLL CALL VOTE ON MOTION Please invite all Assembly members, the Manager, Clerk's Office Staff , and the Borough Attorney to participate. After the vote, Mayor Selby recesses the regular meeting and conv enes the executive session. Upon returning from the executive session Mayor regular meeting and announces no action is to taken Selby result of the the executive session. Or, the Assembly may make a motion if necessary. ROLL CALL VOTE ON MOTION TO ADOPT RESOLUTION NO. FY20 - C. Ordinances for Introduction - None. 08 34. D. Other Items 1. Assembly Appointment to the Citizens Board of Equalization Clerk's Note: Attached on green paper is the application from Ms. Boe Recommended motion: Move to a hland. seat on Board of Equalization for a term o expire December 31 the , 20 alternate Staff Report — Clerk Javier. 10. Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes er Read phone numbers: Local is 4 86 -3231 and Toll Free i 80 speaker.) - 4 Please ask speakers to sign in and state their name for the record. 736. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Assembly will meet in a special work session on Tuesday, in the Assembly Chambers and a regular work session on Thursday, 2008 at 7:30 Y� May 6 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, May 15, 2008 at 7:30 p.m. in the assembl Cha 16. ADJOURNMENT Y tubers. Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough May 1, 2008 Assembly Guidelines Page 4 Regular t/ Special Convened: CI /assembly /roll call sheet KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: 0510 I -0() Adjourned: BY: SECOND: 1,0 Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby Yes v No BY: SECOND: ?e) Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby Yes No SECOND: llc BY: Mr. Abell ` ' Ms. Branson Mr. Friend Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby Yes v No 0 BY: is SECOND: " Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes DOES ANYONE WISH TO CHANGE THEIR VOTE? TOTAL In case of a tie Mayor Selby Yes 1f 1 No 2, BY: SECOND: Mr. Abell Ms. Branson Mr. Friend Ms. Jeffre Ms. Lynch l Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby Yes, No Ms. Jeffrey Ms. Lynch ro LLJ Z $ Ca rs col cc co 5 col 0 0 co i G) 0 G z 0 W 0 co) a O z O N m O 2 c O N c co 2 ..1 F- 1— Q a) (o 0 d U CU 0 0 CU U 0 CO N to 2 w L 2 G 0 U W s<D O z Gl c N 73 Gl .0 to cu el C 4 5 Q S m L I. w S � 5 O VV) i i) G G G L G