The URL can be used to link to this page

2007-10-04 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, October 4, 2007, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2008 -06 Rezoning 15.9 Acres (Proposed Lots 3 &4 Stratman Subdivision, U.S. Survey 4964) From C- Conservation oning Distr t To RNC-Rural Neighborhood Commercial District (P &Z Case 08 -006.) A Ordinance No. FY2008 -07 Prohibiting the Use of High Speed Watercraft on .) Designated Lakes. C. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance- Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 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 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2008 -10 Bayview Service Area Road Maintenance and Repair, Snow Removal and Sanding. B. Resolutions — None. C. Ordinances for Introduction — None. D. Other Items 1. BOARD OF ADJUSTMENT - An Appeal of the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to AIIow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) Applicant: Richard Key. 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. Local Emergency Planning Committee Regular Meeting of June 7, 2007. 2. Fire Protection Area No. 1 Board Meeting of August 21, 2007. 3. Planning and Zoning Commission Meeting Minutes of August 15, 2007. 4. Service Area No. 1 Board Meeting Minutes of April 16, 2007. B. Reports — None. 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 2 of 2 3. ROLL CALL Kodiak Island Borough Assembly Regular Meeting Guidelines October 4, 2007, 7:30 p.m., Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 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. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. Mayor Selby will read aloud the items on the consent agenda. Please ask an Assembly member to remove the contract from consent agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Please announce that comments for the Island Lake Ordinance are going to be heard under Public Hearing. 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 A. Ordinance No. FY2008 -06 Rezoning 15.9 Acres (Proposed Lots 3 &4 Stratman Subdivision, U.S. Survey 4964) From C- Conservation Zoning District To RNC- Rural Neighborhood Commercial District (P &Z Case 08 -006.) Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 1 Recommended motion: Move to adopt Ordinance No. FY2008 -06. Staff Report — Manager Gifford. Open public hearing. 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. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2008 -07 Prohibiting the Use of High Speed Watercraft on Designated Lakes. Recommended motion: Move to adopt Ordinance No. FY2008 -07. Clerk's Note: Attached on is the substituted version of the ordinance and other comments received. Staff Report — Manager Gifford. Recommended motion: Move to amend Ordinance No. FY2008 -07 by substitution. Open public hearing. 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. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED. C. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) Recommended motion: Move to adopt Ordinance No. FY2008 -08. Staff Report — Manager Gifford. Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 2 Open public hearing. 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. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. CONTRACTS 1. *Contract No. FY2008 -10 Bayview Service Area Road Maintenance and Repair, Snow Removal and Sanding. Recommended motion: Move to authorize the manager to execute Contract No. FY2008 -10 with TC /MK Enterprises for time and materials based on the bid schedule for the period of July 1, 2007 to June 30, 2009. Staff Report — Manager Gifford (may be deferred to Assembly member Oswalt.) Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. RESOLUTIONS — None. C. ORDINANCES FOR INTRODUCTION — None. D. OTHER ITEMS. Mayor Selby will recess the regular meeting and convene the Board of Adjustment. Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 3 An Appeal of the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) (Appellant: Richard Key). Clerks note: Six (6) appeal notices were mailed, one (1) was returned and is attached on yellow paper. Please announce: The assembly shall decide the appeal u•on the appeal record and the written and oral ar• um Per Borough Code: At the hearing before the assembly, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. The order of oral argument is as follows: BOARD OF ADJUSTMENT 1. Borough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes - (Richard Key) 3. Private person supporting the appeal: 10 minutes 4. Private person opposing the appeal: 10 minutes 5. Appellant, for rebuttal: 10 minutes - (Richard Key) Clarification - Rebuttal may be limited to new evidence and testimony brought forward during private person comments. Per Borough Code: Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. PLEASE ASK THOSE SPEAKING TO SIGN AND PRINT THEIR NAME ON THE SIGN -IN SHEET. It is recommended that questions for the testifiers not be asked during their testimony. If you need further clarification on their testimony, please ask the Mayor to call the person back to the podium during your dPhatP. Mayor please announce: THE FOLLOWING PERSONS MAY PRESENT ORAL ARGUMENT ON THE APPEAL: Persons who have submitted written argument on the appeal — Thomas Schantz. Testified before the commission — None. Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 4 Submitted written comments to the commission — None. Read phone numbers: Local: 486 -3231 Toll free: 1- 800 - 478 -5736 Assembly discussion. The Assembly may convene into executive session for deliberation as a quasi - judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings -of -fact. If an executive session is desired: Recommended motion: Move to convene into executive session for deliberation as a quasi-judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION (After the vote, Mayor Selby invites the manager and clerk's office staff to join you in executive session and recesses the Board of Adjustment.) (Upon returning from the executive session, Mayor Selby reconvenes the Board of Adjustment.) DISCUSSION ON FINDINGS OF FACT - The findings of fact will be based on this discussion -- please give staff clear direction on the findings of fact. Per KIBC 16.90.090 Decision. A. The assembly shall either affirm or reverse the decision of the commission in whole or in part. If the assembly fails to approve the reversal of the commission's decision, that decision is affirmed. Recommended motion: Move to Affirm - IN WHOLE OR IN PART OR Recommended motion: Move to Reverse - IN WHOLE OR IN PART the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance in Accordance with KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) (Appellant: Richard Key). Clerks note: If the Assembly fails to affirm, a motion to reverse is in order. If the Assembly fails to reverse, the decision is affirmed. ROLL CALL VOTE ON MOTION Recommended motion: Move to postpone the Findings -of -Fact of the Elp of Adjustment on the Planning and Zoning Commission's Decision on Case No. J08 -003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 5 Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13)(Appellant: Richard Key) to the next regular Assembly meeting. ROLL CALL VOTE ON MOTION Mayor Selby reconvenes the regular meeting. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 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. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The next regular work session of the Assembly is scheduled on Thursday, October 11, 2007 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, October 18, 2007 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 6 \--v \-- M W 8 V] ti Q Mr. Abell Ms. Branson Mr. Friend 2It MSO '-JY\I uaU7 'SW Xa gjaf 'SW Ms. Williams 1 TOTAL 0 0 C Mr. Abell Ms. Branson puaud ' Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Williams TOTAL 7 tea - 3 4 0 >. N�� Haw .JIAI Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Williams TOTAL Z Mr. Abell Ms. Branson Mr. Friend _Ms. Jeffrey Ms. Lynch _Mr. Oswalt suretiittYl 'sIAI TOTAL M � O 8 ai ‘ `J 'C O ti ›. H Mr. Abell Ms. Branson puaud '- 11 Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Williams TOTAL CO Q8 O Ti j W � O w H 0 w H z C 0 0 U � C1) S 3 z 0 w › A W 0 CU O as P:1 C4 il 'mi Ms. Branson Mr. Friend Ms. Jeffrey tlouai 4IeMsO Ms. Williams TOTAL AS 4.4 0 pa cn - tO Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey tioukj 'sy� Mr. Oswalt SUM TM 's TOTAL a t I t_ C5> .- J 0 cn ti Pay Ms. Branson Mr. Friend Ms. Jeffrey tloukj 'sJv Mr. Oswalt Ms. Williams TOTAL O M � y Z Mr. Abell Ms. Branson Mr. Friend .441 X34J3 f s tlota -1 'sL\i Mr. Oswalt Ms. Williams TOTAL , - 0 ,.-- (.} • • 0 co cn 4 A > Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey gou�ij 'sY�i Mr. Oswalt Ms. Williams "IviOI cs Q CID 0 o cc L 0$ U S 0 y 0 a.) �x 0 A 4 0 o N Gzt 5 co 0 rJ) Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey gook' 'sw 11E1SO 'JYAI sureill1A TOTAL 0 iiowV ' .'LEI Ms. Branson Mr. Friend Ms. Jeffrey uouX 'SLAI Mr. Oswalt SUITTIM 'SW TOTAL M � W ti 0 O C/) Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey tgoukj Mr. Oswalt Ms. Williams TOTAL co O cA bo [Mr. Abell r Ms. Branson [Mr. Friend [Ms. Jeffrey uo'1 'sY�I� r Mr. Oswalt [Ms. Williams [ TOTAL t L ti .. ----,---> II Mr. Abell II Ms. Branson I) Mr. Friend , II Ms. Jeffrey uo 7 ' SIA 0 Mr. Oswalt Ms. Williams TOTAL O N a 0 N N 0 0 N cct o O y.., a) 0 U e. O C4 w c7 y › 0 cn O OM U 0 O A • a) o N O ro U iAl3k4, t) 1 .., C DO 4 fr CZ:‘, ANN j 1 49 . ‘: .< ant E 6 1e -iL ., f VS7h 4 , c -1,‘,c/d , p/ �eo �r`t e ! 1 . i v I I- c; ex/ 2 c - N. rv't e, 'j ck_41 c 1 Cc. I ; ., y e_1‘ ,, / V 6i 'j1e1 L lit 4:-:- M1 N . KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: hiNIC Please print your name Please print your name �iE r.%4 l C 7 r) (r-kClj Y e - ;,t/L4 l-taY,w ' cct\,_- �7 �' , d40/(), ( / ) ' -- /42 R/4.4-/C Kam/ N\ )-,,frer,J \ 4 / cx --_-5, 4.667 Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Please print your name TITLE: Ordinance No. FY2008 -06 Rezoning 15.9 Acres (Proposed Lots 3 &4 Stratman Subdivision, U.S. Survey 4964) From C- Conservation Zoning District To RNC -Rural Neighborhood Commercial District (P &Z Case 08 -006.) SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 4, 2007 REGULAR MEETING ITEM NO. 9.A The applicant is requesting a rezone of 15.9 acres of property located at the intersection of the Chiniak Highway and the Pasagshak Road. It is at this busy intersection that the applicant is proposing to offer limited services to the public. Because the roads are being paved and because of the direction in the Pasagshak /Narrow Cape Comprehensive Plan prohibiting commercial Tots in this plan area, this proposed location for commercial use makes sense. This zoning district will allow subdivision of lots down to a minimum of 2 acres /lot. The proposed Borough Comprehensive Plan for the area identifies this site for mixed use, which is consistent with this request. This request was considered by the Planning and Zoning Commission at their August 15, 2007 public meeting. After an advertised public hearing, the Commission adopted a recommendation to the Borough Assembly to approve this request. Section 17.72.020 states that the Commission shall incorporate the following findings of fact into their report to the Assembly on rezone requests: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is justified because of the growing need to provide services because of an increase in traffic of those who recreate in the Chiniak/Pasagshak area. The paving of the major roads will increase the amount of recreational driving that will travel the major roads in the area. Traffic will increase to a greater degree when private lands along the Chiniak road are subdivided and sold. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial District is consistent with the proposed 2007 Comprehensive Plan. Though not adopted, there is little guidance provided for this area. There is the infrastructure to sustain such development. CDD staff recommends approval of this rezone request. APPROVAL FOR AGENDA: 1,4 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -06. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -06 Introduced by: Manager Gifford Requested by: P &Z Commission Drafted by: Comm. Dev. Dept. Introduced: 09/20/2007 Public Hearing: 10/04/2007 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 15.9 ACRES (PROPOSED LOTS 3 &4 STRATMAN SUBDIVISION, U.S. SURVEY 4964) FROM C- CONSERVATION ZONING DISTRICT TO RNC -RURAL NEIGHBORHOOD COMMERCIAL DISTRICT (P &Z CASE 08 -006) WHEREAS, for this rezone request has indicated a desire to provide limited services at this location which is at the intersection of the Chiniak Highway and Pasagshak Road; and WHEREAS, the Planning and Zoning Commission held a public hearing on August 15 2007 for this case; and WHEREAS, the Commission after a public meeting finds the rezone request to be generally consistent with the proposed 2007 Kodiak Comprehensive Plan for the Chiniak Area which identifies this site for "mixed use" development; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone proposed Lots 3 & 4, Stratman Subdivision U.S. Survey 4964 from C- Conservation to RNC — Rural Neighborhood Commercial; and NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of general application and shall not be codified. Section 2: This ordinance applies to the proposed Lots 3 & 4, Stratman Subdivision, U.S. Survey 4964 which will be rezoned from C- Conservation to RNC- Rural Neighborhood Commercial. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020A. Findings as to the Need and Justification for a Change or Amendment. The rezone is justified because of the growing need to provide services to the increase in traffic of those who recreate in the Chiniak/Pasagshak area. The paving of the major roads will increase the amount of recreational driving that will travel the major roads in the area. Traffic will increase to a greater degree when private lands along the Chiniak road are subdivided and sold. Kodiak Island Borough Page 1 of 2 17.72.020B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial District is consistent with the proposed 2007 Comprehensive Plan. Though not adopted, there is little guidance provided for this area. There is the infrastructure to sustain such development. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Page 2 of 2 REGULAR MEETING AUGUST 15, 2007 CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by CHAIR KING on August 15,2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present David King X Bud Cassidy, Director Gary Carver X Community Development Dept. Brent Watkins X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Casey Janz X Gary Juenger X Vacant A quorum was established. COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONERS JANZ and KERSCH. The motion was SECONDED by COMMISSIONER CARVER, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS John Miller stated there is 1 '/ weeks to get comments in. He submitted his comments to Dvorak. The maps are important because those maps will have to use them for zoning issues, and he feels we need to make sure they are right. Miller also thanked staff for all their work. PUBLIC HEARINGS August 15, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES A. Case 08 -003. Request a Variance, according to KIBC 17.66, to allow an existing cabin to encroach 15 feet into the required 25 foot front yard setback and a variance, according to KIBC 17.66, to allow an existing cabin to encroach 6 feet into the required 25 foot side yard setback, as P & Z Commission Meeting Minutes Page 1 of 6 required for structural developments located in the C- Conservation zoning district (KIBC 17.13.) The location is T26S R25W, TL 101, Viekoda Bay, and it is zoned C- Conservation. Cassidy reported this is a case where the builder of the cabin didn't orient himself with the property and built within the front and side yard setbacks. This occurred on 14 acres of land. The encroachment is 15 feet into the 25 foot front yard setback and 6 feet into the required 25 foot side yard setback. Staff has reviewed this and compared the evidence of what is required to grant a variance — the 6 conditions, and staff is recommending not to grant the variance. COMMISSIONER CARVER MOVED TO GRANT a variance, according to KIBC 17.66, to allow an existing cabin to encroach 15 feet into the required 25 foot front yard setback and a variance, according to KIBC 17.66, to allow an existing cabin to encroach 6 feet into the required 25 foot side yard setback, as required for structural developments located in the C- Conservation zoning district (KIBC 17.13) ; and to adopt the findings in the staff report dated July 30, 2007 as "Findings of Fact" for this case. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: The commission had a discussion regarding the encroachment, setbacks, and corner markers. Cassidy stated the applicant can file an appeal or move the cabin to the proper coordinates of the property. He hasn't seen the property so he couldn't say about the markers. He also said there was a vacation of public access easement that the Assembly approved. Any aggrieved party may file an appeal also. COMMISSIONERS WATKINS and KING stated they have both been out there and that is pretty much the only place to build. CARVER asked Cassidy which findings of fact were not met. Cassidy said No. 1 — staff felt that with 14 acres there were potentially other places to locate this cabin, and No.5 — staffs take is the applicant did cause the need for special conditions by not orienting himself on the property correctly, and has caused the need for the variance. WATKINS stated the applicant is not the one who built the cabin. CARVER asked if the applicant indicated in any way that with the purchase of the property or construction of this cabin that there was not another suitable site on the 14 acres to build. Cassidy stated there is no indication in the file that that conversation was had with the applicant. Six public hearing notices were sent out with no responses. 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. This lot is characteristic and typical of similarly located properties within the C - Conservation Zoning District. August 15, 2007 P & Z Commission Meeting Minutes Page 2 of 6 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 practical difficulty of the property owners having to pursue considerable effort in complying with applicable zoning district development standards. 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 properties in the vicinity, nor be detrimental to the public safety and welfare since Tract B is located in a remote area of the borough with no immediately adjacent small -lot neighbors. 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 C — Conservation, and the existing use is a permitted use in the district. 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. Actions of the applicant did cause special conditions or financial hardship from which relief is being sought. Inattention to the requirements of Title 17- Zoning of the Kodiak Island Borough Code precipitated the current circumstances. 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 FAILED 3 -1. B) Case 08 -006. Request a Rezone, according to KIBC 17.72, to allow a change of zoning from C- Conservation to RNC -Rural Neighborhood Commercial for a 15.9 acre portion of U.S. Survey 4964 which corresponds to Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011. The location is U.S.S. 4964 Kalsin Bay, 32233 Pasagshak Hwy, and it is zoned C- Conservation. Cassidy stated this is a request to rezone 15.9 acres of land at the intersection of Chiniak Road and the Pasagshak Road from Conservation to Rural Neighborhood Commercial. It will allow lot subdivision to be reduced from 5 acre minimum to 2 acre minimum. This is a rural area and the owner has tried a number of activities in the location. There is a long history of commercial activity. This location is the next stop for Pasagshak and seems to be a good location for a venture such as Rural Neighborhood Commercial. Staff recommends approval of this rezone request of 5.9 acres. COMMISSIONER WATKINS MOVED TO GRANT recommend that the Kodiak Island Borough Assembly approve the rezoning of Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011, from C- Conservation to August 15, 2007 P & Z Commission Meeting Minutes Page 3 of 6 RNC -Rural Neighborhood Commercial, and to adopt the "Findings of Fact" in the staff report dated July 31, 2007 in support of this recommendation. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Bob Brodie, the agent for Mr. Stratman spoke in support of this request. John Miller stated the request is consistent with the Comp Plan and is encompassed in the Chiniak Plan. Public hearing closed: Regular session opened: A brief discussion. 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 rezone is justified because of the growing need to provide services to the increase in traffic of those who recreate in the Chiniak/Pasagshak area. The paving of the major roads will increase the amount of recreational driving that will travel the major roads in the area. Traffic will increase to a greater degree when private lands along the Chiniak road are subdivided and sold. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial District is consistent with the proposed 2007 Comprehensive Plan. Though not adopted, there is little guidance provided for this area. There is the infrastructure to sustain such development. The question was called, and it CARRIED 4 -0. C) Case 08 -005. Request a Conditional Use Permit, according to KIBC 17.67, to allow a communication site with a 100 foot monopole tower, an accessory equipment cabinet and an electrical meter base. The location is U.S.S. 4964 Kalsin Bay, and it is zoned C- Conservation. Cassidy stated the agent for the applicant is present and has come to withdraw this case. COMMISSIONER JUENGER MOVED TO GRANT a conditional use permit, in accordance with KIBC 17.67, allowing a communication site with a 100 foot monopole tower, an accessory equipment cabinet and an electrical meter base, subject to the one (1) stipulation attached to the staff report dated August 1, 2007, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: August 15, 2007 P & Z Commission Meeting Minutes Page 4 of 6 Charles Forbes, the agent for the applicant stated they wish to withdraw the Conditional Use Permit request due technical problems with not being able to get a good microwave signal out there so they won't be able to build the tower at this time. Public hearing closed: Regular session opened: The question was called, and it FAILED 4 -0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter of Courtesy & Advisory to St. Innocent's Academy from Bud Cassidy dated July 20, 2007 B) Notice of Trespass, Illegal Use of Right -of -Way to St. Innocent's Academy from Bud Cassidy dated July 20, 2007 Cassidy stated these are a couple of letters to St. Innocent's Academy for the stockpiling of items in the right of way. They have contacted the department and they are now in the process of cleaning up the site. COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS A) Meeting schedule: • September 5, 2007 special work session at 7:30 p.m. in the Assembly Chambers • September 12, 2007 work session at 7:30 p.m. in the KIB Conference Room • September 19, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers B) Minutes of Other Meeting: • May 22, 2007 Parks & Recreation Committee Meeting Minutes • July 10, 2007 Parks & Recreation Committee Meeting Minutes • July 2, 2007 Gravel Task Force Meeting Minutes Cassidy stated the special work session has to do with the Comp Plan. You can also go to the website to see the draft plan that has all the maps inserted into the right places. The map that John Miller did has been reviewed by staff and it has been sent to the consultant with some comments on it. Cassidy also stated he appreciates the time Mr. Miller has spent on it. He's done a thorough review of the Chiniak area. August 15, 2007 P & Z Commission Meeting Minutes Page 5 of 6 COMMISSIONER WATKINS MOVED TO ACCEPT reports as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments COMMISSIONERS' COMMENTS WATKINS stated it's too bad we lost the cell tower out there. CARVER stated he echo's WATKINS comment and hopes they look at other sites. JUENGER stated it's fortunate Dr. Carver could make it tonight, and he noted the Gravel Task Force has good news about finding gravel. ADJOURNMENT COMMISSIONER CARVER MOVED TO ADJOURN. COMMISSIONER WATKINS SECONDED the motion. CHAIR FRIEND ADJOURNED the regular meeting at 8:12 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: September 19, 2007 August 15, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Dave King, Chair P & Z Commission Meeting Minutes Page 6 of 6 Current Location 32233 Pasagshak Hwy Agenda Item # VI B P .& ; base # 08-00E O Request a Rezone, according to KIBC 17.72, to allow - a change of zoning from :C- Conservation to 'RNC=Rural 'Neighborhood Commercial for a 1 acre ; portion of U.S. Survey,49 which . corresponds to Lots 3. and 4, Northland Ranch Subdivision :as depicted in the approved preliminary plat for Case-S06 -011 0 W E s 1,200 2,400 Feet 1 1 1 1 Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. =CU rrent3Zonin P WZ CCase 4 DS -0:3: m;ar Stratman Request: A Conditional Use =Permit, according to KIBC'1.7 :67, to allow. a communication site with_a'100 foot monopole tower, an accessory Bquipment cabinet and an electrical meter,base. Legend Subject Parcel - Conservation USS 2878 -RNC USS 3470 - Conservation USS 2878 - Conservation Feet 0 5001,000 2,000 3,000 1 1 1 1 1 t 1 Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. 2. Lot Size: 3. Existing Land Use: 4. Surrounding Land Use and Zoning: Case 08- 006 /Rezone Staff Report MEMORANDUM Public Hearing Item VI -B DATE: July 31, 2007 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 15, 2007 Regular Meeting CASE: 08 -006 APPLICANT: Omar Stratman REQUEST: A rezone, according to KIBC 17.72, from C- Conservation to RNC- Rural Neighborhood Commercial for a 15.9 acre portion of U.S. Survey 4964 which corresponds to Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011 LOCATION: Lot 3 & 4 U.S. Survey 4964, Kalsin Bay, 32233 Pasagshak Hwy. (Intersection of the Pasagshak Hwy and the Chiniak Highway and the Pasagshak Road) aka North Land Ranch. ZONING: C - Conservation Zoning District Eight (8) public hearing notices were mailed on May 22, 2007. Date of site visit: None 1. Relevant Zoning History The site is zoned C- Conservation Use: Road Zoning: None by Ordinance No. 77 -15 - 0 15.9 acres Lodge North: Unsubdivided portion of USS 4964 (proposed access easement serving proposed Lots 1, 2 & 3 — Case S -06 -011) Use: Vacant Zoning: C - Conservation Zoning District South: Unsubdivided portion of USS 4964 (Proposed Lot 5 — Case S -06 -011) Use: Vacant Zoning: C- Conservation East: Unsubdivided and unsurveyed land Use: Vacant Zoning: C- Conservation West: Pashagshak Road — State Right of Way Easement Page 1 of 5 P & Z: August 15, 2007 5. Comprehensive Plan: The Kodiak Island Borough 1968 Comprehensive Plan does not specifically address this area. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KIBC 17.22 — RND Rural Neighborhood Commercial 17.22.010 Description and intent. The RNC -Rural Neighborhood Commercial Zoning District is intended to be applied in areas where public sewer and water service is not available. The rural neighborhood commercial zoning district is established for the purpose of providing for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located and limited opportunities to support the tourist industry. This district is not intended for those types of uses that will attract either the consumer population of large segments of the community or attract large volumes of traffic. It is intended to be compactly designed. Neighborhood commercial development in contiguous locations is encouraged to avoid uninterrupted linear commercial development, lessen traffic conflicts, and improve the safety and convenience of customers. Such consolidation may also economically provide for the appropriate screening and /or landscaping buffers needed to protect property values in adjacent residential areas. 6. Applicable Regulations: KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. KIBC 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Case 08- 006 /Rezone Staff Report Public Hearing Item VI -B Page 2 of 5 P & Z: August 15, 2007 Public Hearing Item VI -B COASTAL MANAGEMENT APPLICABLE POLICIES Commercial Development 1. Location The proposed rezoning will take place at the intersection of two major roads, Chiniak Highway and Pasagshak Road. The site is relatively flat in contour and is not served by public water and sewer, therefore a septic system will be used to handle waste water of an existing lodge and a proposed business. Consistent: Yes. The proposed rezone is intended to address the desire for rural neighborhood commercial development in this area and the required 2 acre lot size minimum in the Rural Neighborhood Commercial Zoning District should be sufficient in order to accommodate this commercial node of development serving the Pasagshak/Chiniak area. 2. Open Space The proposed location is in a rural area where presently there exists plenty of green areas and open space. Consistent: Yes. 3. Access New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not Applicable. This proposal is not adjacent to tidelands and access to the shoreline is not an issue. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche run out zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Not Applicable. Development proposed in this case is not located in a known hazardous area. 5. Wetlands Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not Applicable. This request does not involve filling or draining of water bodies. Case 08- 006 /Rezone Staff Report Page 3 of 5 P & Z: August 15, 2007 Case 08- 006 /Rezone Staff Report Public Hearing Item VI -B COMMENTS This rezone was initiated by the owner of the property in an area that is rural in nature with sporadic use of the site for a multitude of uses demonstrating the difficulty of forging a living out the road. One of the Tots is the headquarters site of Northland Ranch an active cattle ranch with an associated grazing lease for the surrounding area. The ranch has also functioned as a horseback riding /dude ranch as well as a former restaurant. The site has also been utilized to house workers for various construction projects in the area. The other lot is vacant. This area may changing due to the paving of the Chiniak Highway and Pasagshak Roads. It may have also changed in the recent past because of the desire by Pasagshak property owners not to allow commercial uses to any degree in that area. This request to rezone represents a pursuit to feed off the increased traffic on the Chiniak Road as well as the growth of the Pasagshak community and the Kodiak Launch Complex. Though not adopted, the revised Kodiak Island Borough Comprehensive Plan now in development identifies this area for "mixed use ", which would thereby allow a combination of uses. Mixed use in the Kalsin Bay area may be appropriate as stated above because the Pasagshak/Narrow Cape Area Plan specifically discourages the creation of commercial uses or rezoning land in that area to a commercial zoning district. In fact, commercial -type uses are encouraged to be conducted a "Home Occupations" in the residences. This action and the fact that this rezone action is the closest and appropriate site to conduct a commercial use makes that case for this request. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The area subject to this request lies at the intersection of the Chiniak Highway and the Pasagshak Road and is not covered in the 1968 Borough Comprehensive Plan ZONING /USE: Per KIBC 17.22.010, "The RNC Zoning District is established as a land use district where public utilities are not available. It is established for the purpose of providing limited retail and personal services uses ... to support the tourist industry. It is intended to be compactly designed. LAND SUITABILITY: The area is generally flat and situated at the intersection of the Chiniak/Pashagshak roads. There does not seem to be any compatibility issues associated with the proposed rezone request. RECENT DEVELOPMENT TRENDS IN THE AREA: The most immediate development trend in the area is that the Chiniak Road is now paved, and the Pasagshak Road will be paved within a year. This activity will increase the amount of traffic "out the road ". Though it is already used by hunters and fishers, the #1 form of recreation is probably driving for pleasure — sight seeing. This will increase with the paving of the Chiniak Highway. (Of course it also possible this recreational Page 4 of 5 P & Z: August 15, 2007 Public Hearing Item VI -B driving may be reduced as well by increased fuel prices.) In addition, the growing tourist/visitor sector and the attractions found out by Chiniak and Pasagshak will continue to increase the visitor count. TRAFFIC IMPACTS: The location of the proposed rezone is at the intersection of Pasagshak Road and the Chiniak Highway. This is a growth area as development in the Chiniak/Pasagshak area is continuing. The rocket launch facility generates many increased trips to Pashagshak. The paving of the Chiniak Highway also will certainly increase the number of drivers past this facility. It is essentially this reason that owners view the site proposed to rezone as area with the potential for growth in rural commercial services. The types of uses anticipated should not result in any more appreciable adverse traffic impacts than the growth of the Pashagshak area is already generating. Even if it does, the adjacent roads are deemed highways or major roadways that can easily accommodate increased traffic. RECOMMENDATION Staff recommends that the Commission approve the rezone request and forward it to the Assembly for further consideration as an ordinance to amend the zoning map. APPROPRIATE MOTION Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011, from C- Conservation to RNC -Rural Neighborhood Commercial, and to adopt the "Findings of Fact" in the staff report dated July 31, 2007 in support of this recommendation. 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 rezone is justified because of the growing need to provide services to the increase in traffic of those who recreate in the Chiniak/Pasagshak area. The paving of the major roads will increase the amount of recreational driving that will travel the major roads in the area. Traffic will increase to a greater degree when private lands along the Chiniak road are subdivided and sold. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial District is consistent with the proposed 2007 Comprehensive Plan. Though not adopted, there is little guidance provided for this area. There is the infrastructure to sustain such development. Case 08- 006 /Rezone Staff Report Page 5 of 5 P & Z: August 15, 2007 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, AK 99615 Regarding: Case 08 -006 Stratman Re- zoning lots 3 & 4 USS 4964 Dear Sirs, August 3, 2007 I am writing in support of Mr. Stratman's request for a rezone of lots 3 and 4 as depicted in the approved preliminary plat for Case S06 -011. He is requesting a change in zoning for lots 3 & 4 from Conservation to Rural Neighborhood Commercial. Mr. Stratman has operated a guided horse back riding service and tourist lodge accommodation for many years on the subject land. Mr. Stratman has indicated to me that he plans to retire his tourist lodge accommodation business, bar restaurant, but may retain his horse back riding business. My wife, Mary, and I plan to purchase the adjoining lot, Lot 3, to build a new facility for tourist accommodations, restaurant and lounge. Mary and I have always been interested m the Pasagshak/Chiniak area. With the paving and recent road improvements we see the opportunity to open and operate a small business. We intend to focus on visiting tourists, fishermen and off island guests by providing rooms, food and beverages in a new, up to date facility. The subject lots are located adjacent to the Chiniak/Pasagshak cross roads where many recreational users pass by. There is no public accommodation facility either in Pasagshak or Chiniak, consequently we do not feel there is a conflict of use. Approving the change from Conservation to Rural Neighborhood Commercial would bring the current use into compliance and provide for future tourism opportunities and services. I am available to answer any questions you might have. ILI AUG - 3 2007 `,_., II 1 COMMUNITY DEVELOPMENT DEPARIMEW' Property owner's name KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Pro oowneLs mailing address Application received b Staff signature A s pli ant In ormation o x Ci ,1 `n ?cNi ta Z Home phone Work Phone Age n name�plica I ) C 4M Agent's mailing address eo) ,A5 City Stat k « / k Home phone Work Phone Additional Narrative/Hist Code Section(s) Involved: E -mail Addr. cmp E -mail Addr. Property Information E.6" Ob0pl`fO Property ID Number /s �f Nq to ko,l5 n Py riQO�005LO� / o rc Legal Description —. 4. vs s t 6 Current Zoning: � 1 '' -/ ✓Q ' Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: Proposed yse of Property: ,fie -rte L s .kedsr .�¢s�.✓«c._ /AL / j (Note: Use additional sheets, If needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. As-built Survey •hfegrphs Maps Other Date n Property Owner's Signature Date Authorized Agent's Signature - O A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, 01993 by Rutgers University) STAFF USE ONLY Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appeara ce requests, sit p an review, etc.) $150.00 / Zoning chan r f om o '� � (KIBC 17.72.030 and 030.C)* PAYMENT VERIFICATION AR OTHEf FICASH 7/8212117 15:56:57 98801M1:3 BAD ACCT PAID "Zis€tinx F Schedule: l 140 14113 Asse €nb Er o 4144 Paid in fvi.1 ititt 005) Kodiak Island Borough diak AK 996 scats In 5.0 acres 5€0 rs3ctL_ ZoZ cazeti4A. Atic-t›-f--Q 1a ( map SUBSTITUTED VERSION Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -07 Assembly member Williams Assembly member Williams Borough Attorney 09/20/2006 10/04/2007 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING RULES FOR THE USE OF MOTORIZED WATERCRAFT ON DESIGNATED LAKES WHEREAS, the Kodiak Island Borough Assembly established the Island Lake Recreational Use Task Force on June 4, 1998; and WHEREAS, the Task Force met and reached a consensus to resolve the contentious issue by posting "Rules of the Lake" at the Island Lake public access area; and WHEREAS, the Kodiak Island Borough Assembly acknowledged receipt of the report of the Island Lake Recreational Use Task Force and authorized the posting of the "Rules of the Lake' at the public access area of Island Lake; and WHEREAS, non - motorized users are physically vulnerable to injury caused by the activities of motorized watercraft and others which create wakes; and WHEREAS, the continuous use of motorized watercraft has caused erosion of the small island on Island Lake; and WHEREAS, the reasonable expectation of peace and quiet of the surrounding residents has been compromised; and WHEREAS, the natural habitat, fish and wildlife have been impacted due to violations of the "Rules of the Lake;" and WHEREAS, by means of AS 29.40.040, the borough is authorized to adopt measures to further the goals and objectives of the comprehensive plan; and WHEREAS, among the goals of the borough's comprehensive plan is the elimination of incompatible land uses and other nuisances; and WHEREAS, the unregulated use of motorized watercraft on small lakes located in residential areas is both an incompatible land use and a nuisance; and WHEREAS, presently Island Lake is the only lake located in a residential area upon which motorized watercraft are being used, but the negative impacts of these watercraft may affect other lakes in the future; and WHEREAS, by codifying the "Rules of the Lake" the borough can impose penalties for violations of those rules' and Kodiak Island Borough Ordinance No. FY2008 -07 Page 1 of 3 SUBSTITUTED VERSION NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of general application and shall be codified. Section 2: Kodiak Island Borough Code Chapter 8.35 is hereby enacted as follows: Chapter 8.35 MOTORIZED WATERCRAFT Sections: 8.35.010 Declaration of Policy. 8.35.015 Prohibited Acts. 8.35.020 Exemptions. 8.35.025 Violations and Penalties. 8.35.030 Applicability. 8.35.035 Definitions. 8.35.010 Declaration of Policy. The borough hereby finds and declares that the unregulated use of motorized watercraft on small lakes located in residential areas is both an incompatible land use and a nuisance. Further, this activity represents a present and increasing threat to the public peace and the health, safety and welfare of the residents of the borough. The wakes created by these watercrafts have an adverse affect on the shore lines of the lakes and on any small islands located within the lake. The use of these watercrafts adversely impacts habitat for fish and wildlife. 8.35.015 Prohibited Acts. A. Lakes are opened to motorized watercraft from June 15 until October 1 on the water bodies stated in section 8.35.030 of this Chapter. B. No person may operate any motorized watercraft or otherwise operate a watercraft of any kind in a manner to create a wake on the water bodies stated in section 8.35.030 of this Chapter, except as follows: `0 1. Motorized watercraft may be operated between the ho of 12:00 Noon s and 7:00 PM � 'I\ 1\ ‘ & 1 1')\ 2 5 11. 1 S � Motorized watercraft may not be used within 100 feet of the Lakeshore or in the of the lakes except for transiting, without creating a wake, to the center of the lakes; and , �`UvZ`� Only one watercraft creating a wake may be operated on a lake at one time. co 7 8.35.020 Exemptions. The provisions of section 8.35.015 shall not apply to the use of vesse responding to an emergency. Kodiak Island Borough Ordinance No. FY2008 -07 Page2of3 SUBSTITUTED VERSION 8.35.025 Violations and Penalties. Violations of this chapter shall be infractions, and each occurrence of a prohibited act shall constitute a separate violation. A. Remedies, enforcement actions and penalties shall be consistent with Kodiak Island Borough Code section 1.12.010. In any event this schedule shall apply: for the first offense, a $300 fine shall be imposed; and for any subsequent offense, a $500 fine shall be imposed. 8.35.030 Applicability. This chapter shall apply to the following water bodies: A. Island Lake 8.35.035 Definitions. As used in this chapter, the words shall mean: A. "motorized watercraft" means any watercraft powered by any type of motor rated at 5 horsepower or greater. It also specifically means jet skis, wave runners and similar acrobatic or stunt equipment. B. "wake" means the track in the water left after the passage of a water craft. C. "watercraft" means any boat, vessel or other device used to transport people or things in or on water. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough KODIAK ISLAND BOROUGH Ordinance No. FY2008 -07 Page 3 of 3 Nova Javier From: Lucas Fried [skittle_fried @hotmail.com] Wednesday, October 03, 2007 9:50 PM tcabell @ptialaska.net; scokinc @ak.net; jfriend @alaska.com; suej @gci.net; chrisl @ptialaska.net; mroswalt @alaska.com; snoskwrl @gci.net; rgifford @kib.co.kodiak.us; Nova Javier; matt @jesmkod.com Subject: Island Lake Issue Hello this is Lucas Fried again. I was just wanting to ask you to read the letter that I had previously sent about the Island Lake issue to the Assembly at the Borough meeting Thursday evening out loud to the everyone. Thank you so much for your consideration. Sincerely, Lucas Fried Boo! Scare away worms, viruses and so much more! Try Windows Live OneCare! Try now! Nova Javier From: Lucas Fried [skittle_fried @hotmail.com] Sent: Wednesday, October 03, 2007 9:42 PM To: tcabeil @ptialaska.net; scokinc @ak.net; jfriend @alaska.com; suej @gci.net; chrisl @ptialaska.net; mroswait @alaska.com; snoskwrl @gci.net; rgifford @kib.co.kodiak.us; Nova Javier; matt @jesmkod.com Subject: Island Lake Issue To whom it may concern, Hello my name is Lucas Fried. I happen to live just about a stone throw away from Island Lake and use it quite frequently in the summertime for recreational use. I not only use the lake to go knee - boarding and water - skiing with a motorized Achilles raft, I also use the lake to go swimming and kayaking. For this reason I am responding to the topic of closing down the lake and limiting it to the use of motorized crafts. To begin with, I need to speak on the fact that Kodiak's Climate limits our summer's to a few nice days where people actually feel like going out into the water and enjoying the lake. When that occasional nice day comes, it really seems unrealistic for the few of us that really like to take advantage of the awesome weather on the lake to have to check our calendars to see if it is the "right" day for us to use the lake. Another fact that I would like to bring to your attention is that in all the days that I have been part of the activities on that lake we have never caused wreckage to anything. While on the lake we haven't had to call an ambulance or rush anyone to the E.R. for an injury. Plus, we have never damaged property of any of the landowners who live directly on the lake. A few times when we have been out there the Alaska State Troopers were called and reported to the lake when we were out there. However, when the Troopers arrived at the lake each and every time, they told us the same basic thing about being careful while we're on the lake and be off at a reasonable time. The final thing that I'd like to bring to your attention is the fact that this lake being open is providing teenagers and young adults an opportunity to do some activity that is positive. It gives people a reason and an alternative to going out and partying or making other destructive decisions. It is for these reasons that I am expressing the fact Island Lake which is a public lake should be open for use seven days a week during the summertime and open until about 10 p.m. which is very typical for many parks and publics places even in the lower 48. It is giving kids that extra reason NOT to participate and partake of illegal activities. Sincerely, Lucas Fried KHS Class of 2007 Valedictorian 2007 KHS Iron man Award Winner 2007 KHS Career Athlete of the Year 2006 Alaska 4A State Cross Country Champion 2007 Alaska State Track and Field Team Champion 2007 Alaska State Track and Field 4x400m Champion 1 Nova Javier From: t: subject: Original Message From: Pat Szabo To: niavier(a�kib.co.kodiak.ak.us Sent: Wednesday, October 03, 2007 2:41 PM Subject: Island Lake ordinance October 3, 2007 Kodiak Island Borough Assembly Jerome Selby, Mayor Kodiak Island Borough Kodiak, Alaska Dear Mayor and Assembly Members: Pat Szabo [pszabo @ptialaska.net] Wednesday, October 03, 2007 2:50 PM Nova Javier Fw: Island Lake ordinance are in support of the amended ordinance codifying the "Rules of the Lake' We agree with noon to 7:00 p.m. as hours for motorized watercraft operation. right to enjoy their homes and the lake in peace and quiet at other times. Sincerely, Nick and Pat Szabo i ' for Island Lake. The residents of the lake have a Nova Javier From: Sent: To: Subject: October 3, 2007 Kodiak Island Borough Assembly Jerome Selby, Mayor Kodiak Island Borough Kodiak, Alaska Pat Szabo [pszabo @ptialaska.net] Wednesday, October 03, 2007 2:42 PM Nova Javier Island Lake ordinance Dear Mayor and Assembly Members: We are in support of the amended ordinance codifying the "Rules of the Lake' We agree with noon to 7:00 p.m. as hours for motorized watercraft operation. right to enjoy their homes and the lake in peace and quiet at other times. Sincerely, Nick and Pat Szabo 1 ' for Island Lake. The residents of the lake have a Nova Javier From: McCarty, Virginia [ Virginia .McCarty ©providence.org] ■t: Wednesday, October 03, 2007 11:53 AM Nova Javier Subject: RE: Use of Island Lake From: McCarty, Virginia Sent: Wed 10/3/2007 11:49 AM To: N.Javier@KodiakAK.us Subject: re: Use of Island Lake To Whom it may concern: We do not live on Island Lake, but have friends on the lake and because it is a public lake we use this lake as a form of recreation. We feel that if you limit the use of the lake to 3 days a week and a time constraint of 7pm that this will further decrease our chances of using the lake as a family. Our kids and their friends use a skiff to knee board and we use the lake to kayak with our adult friends. Often we are all on the lake at the same time. First - the weather in Kodiak already limits our use of the lake just because it's either too mold or rainy. I can count on 2 hands the amount of days in the summer that it's actually :e enough to use the lake, especially these past 2 summers. If we try and even further _mit the use of the lake we'll hardly ever be able to be on it. We're also setting up a situation where people will be breaking your "law" just because it happens to be nice (finally) on one of the days that is now off limits. Especially if we've had a week or 2 of rain. Kids aren't going to remember what days they can be on the lake, they just know that it is finally nice outside. Secondly - As far as the time constraint goes - many of us work until 6pm and have children that work that late in the summer and by closing the lake at 7pm, there's hardly any time to be out on the lake. I don't know about all the other kids that are using the lake, I can only speak for my family and our friends. We're talking about teen -agers that are "A" students, college bound (hence the working until late everyday in the summer) and very respectful of authority. Most times there is an adult or adults that come and go to keep an eye on the kids (if we're not already down there with them) and we are aware at all times that they are on the lake. They have been taught to be cautious while others are on the lake, to stay away from "the fingers" part of the lake, to keep the noise level to a minimum because of the houses around the lake and to have absolutely no alcoholic beverages down there. The kids stay down by the park area where there aren't too many homes. I think limiting the use of the lake will cause our children to go from having good clean fun to going out looking for other means of recreation which may or may not be good. At a time when we're concerned about obesity and our kids sitting around with nothing to do, we should be happy that they are outside getting fresh air, exercise and having good clean fun. As far as the complaints about the noise being bothersome - are you going to also limit other noises around the lake? What about the people who mow and weed whack their lawns after work and after 7p.m.? We have very short summers with very long days and most people take advantage of this by working in their yards or whatever else they may choose to do that is 'sy after work and on weekends. Are you going to then limit them? These can be just as J.sy and bothersome as the kids on the lake. 1 Lastly - I want to key in on the fact that Island Lake is a "Public Access Lake ". Meaning that this can be used by anyone - IT IS NOT a private lake only for the people who live on it. It was a "Public Access Lake" long before there were houses on the lake. My point is that you homeowners knew that this was a "Public Access Lake" when you either moved there or chose to build a home on this lake. I say that if you're having a problem with the noise on those 10 - 15 days during the summer that it's actually nice enought to even use the lake that you should either get ear plugs, move or better yet - deal with it. These are good kids having good clean fun. Are you going to punish everyone that uses the lake because there are a very few kids /adults that are causing some sort of problem? Why don't you deal with the individuals instead of punishing everyone? Respectfully, Patrick and Virginia McCarty and our 6 children DISCLAIMER: This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete this message. DISCLAIMER: This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete this message. 2 Nova Javier From: michelle andrews [michellemari ©gmail.com] It: Wednesday, October 03, 2007 7:18 AM Nova Javier Subject: Island lake To City Clerk, I was privileged to live right on Island Lake for over 10 years total. Seven years on the back side and three years on the front side. I also spent nine years on Balika Lane and used the lake for recreation. I love the area, raised my kids on the lake and have many good memories of rowing, sailing, ice skating, and using a skiff /kicker daily to get across for years when we had no road access to the back. We could always hear each other when living right on the lake and we tried to be respectful of each other. The noise on the lake is a problem for those who live right on the lake. I know people that were my neighbors back in the 80's that are still living there and have been reasonably trying to find a solution all along. Some who use the lake are not respectful and everyone living there suffers from that. I feel they deserve some peace and respect and that the restrictions and enforcement that they ask for is very very reasonable and long over due. sincerely, ohelle Andrews 1 10/2/2007 Kodiak Island Borough Mayor and Assembly Re: Closure of Island Lake It's come to my attention that you are considering closing Island Lake to motorized boats, recreational vehicles, etc. I am writing to express my deep displeasure with this action. My reaction was first one of shock that this was actually being considered. Kodiak is a town with very few lakes that lend themselves to family activities such as are possible with jet skis, boats, etc. With the limited summer time activities, or summer weather, why would we want to take away the one lake in town that offers the opportunity for family fun? Why, on one hand, do we go out of our way to spend millions of dollars on an ice rink under the guise of "building something for our community of young people — giving them positive choices with their time ", yet we are willing to close down the one "free" opportunity we already had? If the noise is too much for those living on the lake, why did they purchase a house there in the first place? Why is it that you can purchase property with certain conditions, yet try to force others into your mold once you are a home owner? If you live on Lilly Lake you know you're going to hear airplanes, if you're on Island Lake you ought to know you're going to hear boats and jet skis. I don't believe the Borough has any responsibility or right to enforce these restrictions without any proof that it's being abused. Are there documented records that the police have had to be called to shut down wild, drunken parties? Is there data that you can produce that proves many ambulances have had to deal with accidents on the lake? Has there been any study done on the lake that would lead you to these conclusions? Could it not be that you are tempted to respond to one complaint - who happens to be on the assembly and, I would think, would definitely come under the description of "conflict of interest "? How many people who live on the lake have been spoken to and how many of them are for shutting it down? The "compromise" that was struck was foolishness as well. If we lived in southern California, and could be assured that nice sunny weather would occur more often than not, then an "every other day" use may work. However, in Kodiak you may only enjoy 1 day a week that is nice for these sorts of activities. We have to act when we have the weather. As a Kodiak resident, you know those days are few and far between. I urge you to reconsider and to allow Kodiak the joys of having at least one lake that can be used as intended. Don't overreact because someone close to you hollers a bit. Respectfully Submitted, Jacque Jones Nova Javier From: R L Robbins [robbins.777 ©gmail.com] t: Thursday, October 04, 2007 11:31 AM Nova Javier ..woject: Island Lake Motorized Watercraft Ordinance Kodiak Island Borough Assembly: I am an Island Lake front resident and property owner. Thankyou for your attention to the motorized watercraft issue on the lake. I am in support of the new Kodiak Island Borough Ordinance No. FY2008 -07. Very important to me is the 7 p.m. curfew for motorized craft, and prohibiting motorcraft from 100 feet of the lakeshore and the arms of the lake. Thank you. Lisa Robbins 1 vL FY- 0 7 d c.ed frt-r/L 3 11A.AA- 10A- + Ldy- 1 /./z// oov_. C\ 9 / / 6,6 Nova Javier From: Patrick.M.McCarty ©uscg.mil on behalf of McCarty, Patrick [ Patrick.M.McCarty©uscg.mil] Sent: Thursday, October 04, 2007 3:08 PM To: Nova Javier Subject: Please don't close Island Lake Ms. Javier, I have recently heard there will be an Assembly meeting tonight about possible closure of Island Lake to motorboats and jet- skies. Please don't allow this to happen. This is the only public lake available to watercraft for our kids in Kodiak. I don't know if you have ever been at the lake but it's a great place in the summer to hang out. I've been down there with my kids many times watching them knee - boarding around the lake. I have never seen an accident or anyone being inconsiderate to other lake users. I even heard the assembly was considering only opening the lake during certain times of the week. You know how our summers are; so it rains for 4 days straight and then the sun comes out which happens to be on the day the lake is closed, doesn't make any sense? My kids have used the lake maybe about 5 times total this entire summer. Our weather is just not that nice to use it any more. If we keep on taking away safe activities our kids can do during the summer months we're just asking for trouble. Or I should be saying we'll be watching our kids get into trouble because we've denied them constructive activities to do. Let's be reasonable. You wouldn't think of closing Rezanof Drive (a public road) because of too much noise from vehicles so why are we considering closing Island Lake? How about entertaining some normal restrictions like you would find in the lower 48. You could limit the number of boats on the water, limit the size of boat, limit the horse - power, restrict to 4cycle outboards, ect. Please don't allow this public resource to close. Keep the lake open seven days a week until 10pm. Thank you Patrick M McCarty 907 539 -5130 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 4, 2007 REGULAR MEETING TITLE: Ordinance No. FY2008 -07 Prohibiting the Use of High Speed Watercraft on Designated Lakes. SUMMARY: This ordinance was requested by Assembly member Williams. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 - 07. ITEM NO. 9.B KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -07 Introduced by: Assembly member Williams Requested by: Assembly member Williams Drafted by: Borough Attorney Introduced: 09/20/2006 Public Hearing: 10/04/2007 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH PROHIBITING THE USE O ATERCRAFT ON DESIGNATED LAKES WHEREAS, the Kodiak Island Borough Assembly established the Island Lake Recreational Use Task Force on June 4, 1998; and WHEREAS, the Task Force met and reached a consensus to resolve the contentious issue by posting "Rules of the Lake" at the Island Lake public access area; and WHEREAS, the Kodiak Island Borough Assembly acknowledged receipt of the report of the Island Lake Recreational Use Task Force and authorized the posting of the "Rules of the Lake' at the public access area of Island Lake; and WHEREAS, it has become apparent that these rules are not being followed and have been ineffective; and WHEREAS, non - motorized users are physically vulnerable to injury caused by the activities of high -speed watercraft and others which create wakes; and WHEREAS, the continuous use of high -speed watercraft has created more erosion and has resulted in the elimination of the smaller island on Island Lake; and WHEREAS, the reasonable expectation of peace and quiet of the surrounding residents has been severely compromised; and WHEREAS, the natural habitat, fish and wildlife have been adversely impacted due to violations of the "Rules of the Lake;" and WHEREAS, by means of AS 29.40.040, the borough is authorized to adopt measures to further the goals and objectives of the comprehensive plan; and WHEREAS, among the goals of the borough's comprehensive plan is the elimination of incompatible land uses and other nuisances; and WHEREAS, the use of high -speed watercraft on small lakes located in residential areas is both an incompatible land use and a nuisance; and WHEREAS, presently Island Lake is the only lake located in a residential area upon which high -speed watercraft are being used, but the negative impacts of these watercraft may affect other lakes in the future; and Kodiak Island Borough Page 1 of 3 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of general application and shall be codified. Section 2: Kodiak Island Borough Code Chapter 8.35 is hereby enacted as follows: Chapter 8.35 HIGH -SPEED WATERCRAFT Sections: 8.35.010 Declaration of Policy. 8.35.015 Prohibited Acts. 8.35.020 Exemptions. 8.35.025 Violations and Penalties. 8.35.030 Applicability. 8.35.035 Definitions. 8.35.010 Declaration of Policy. The borough hereby finds and declares that the use of high- speed watercraft on small lakes located in residential areas is both an incompatible land use and a nuisance. Further, this activity represents a present and increasing threat to the public peace and the health, safety and welfare of the residents of the borough. The wakes created by these watercrafts have an adverse affect on the shore lines of the lakes and on any small islands located within the lake. The use of these watercrafts adversely impacts habitat for fish and wildlife. 8.35.015 Prohibited Acts. No person may operate high -speed watercraft or otherwise operate a watercraft of any kind in a manner to create a wake on the water bodies stated in section 8.35.030 of this Chapter. 8.35.020 Exemptions. The provisions of section 8.35.015 shall not apply to the use of vessels responding to an emergency. 8.35.025 Violations and Penalties. A. Violations of this chapter shall be infractions, and each occurrence of a prohibited act shall constitute a separate violation. B. Remedies, enforcement actions and penalties shall be consistent with Kodiak Island Borough Code section 1.12.010. In any event this schedule shall apply: for the first offense, a written citation and warning shall be given to the offender; for a second offense, a $250 fine shall be imposed; and for a third and any subsequent offense, a fine of $500 shall be imposed. 8.35.030 Applicability. This chapter shall apply to the following water bodies: A. Island Lake Kodiak Island Borough Page 2 of 3 8.35.035 Definitions. As used in this chapter, the words shall mean: A. "high -speed watercraft" means any watercraft powered by any type of motor rated at 5 horsepower or greater. It also specifically means jet skis, wave runners and similar acrobatic or stunt equipment. B. "wake" means the track in the water left after the passage of a water craft. C. "watercraft" means any boat, vessel or other device used to transport people or things in or on water. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Page 3 of 3 Kt4,u;lk- 1,LE LQd / 6 7 6 6 (..-1,_c • pi- , ,„ ,, • r j )3L71..,trt ) 2 - ci 6 /' oZ3— o TO: The Kodiak Island Borough Assembly FROM: Kodiak Audubon Society :E: Island Lake Ordinance Dear Members of the KIB Assembly, 9/10/07 The Kodiak Audubon Society is one of the five state chapters of the Audubon Alaska, which is the state office of the National Audubon Society. We established our local chapter in 1983 and are the longest standing, continually active conservation organization in Kodiak. Our mission is to conserve Kodiak's natural ecosystems, focusing on birds, other wildlife, and their habitats for the benefit and enjoyment of future generations. Many of our members live around the periphery of Island Lake mainly because of the scenic values and wildlife viewing opportunities. Many have invested in nice homes to live in a beautiful lakeside location that offers interaction with wildlife on a daily basis. In recent years however, they have become increasingly concerned and frustrated about the impacts that high -speed watercraft are having on fish and wildlife in addition to the increased noise and related safety issues. The use of jet skis on the water in summer and ATVs on the ice in winter are a public nuisance, are adversely affecting habitat of fish and wildlife, creating a host of safety - related issues, and disrupting the peace and quiet. Only 39 acres, Island Lake is considered a small lake yet it used to attract muskrats and many ducks, geese and loons during migration as well as the nesting season. Waterfowl nested on the little islands and around the edge of the lake but have been unsuccessful in recent years due to noise, and the disruption of the shoreline by waves and wakes created by jet skis, Our members have witnessed people on jet -skis purposely chasing ducks and have seen their dead bodies wash up on shore. They have registered complaints with the Borough and Fish and Game, yet nothing is done. I am writing to encourage you on Sept 13 to vote in favor of bringing the Island Lake Ordinance forward for a public hearing on the 20 This ordinance will prohibit high -speed motor craft on Island Lake but will not exclude slow moving skiffs that people use on the backside of the lake for delivering goods to homes not accessible by road. This issue deserves to be moved up to the next level of consideration with a full public hearing. Many other communities in Alaska have dealt aggressively with the same issues. In the Mar -Su and Anchorage boroughs for example, local governments have stepped up to the plate in upholding their own management plans by enforcing laws that prohibit activities that are incompatible with established land -use plans on residential lakes. The City of Homer banned jet -skis from Resurrection Bay for similar reasons. In conclusion, Kodiak possesses a unique abundance of natural treasures that are the dividends for those of us that have chosen to live here and tolerate the wet, wind and dark winters. The Borough government is obliged to uphold the values and directions stated clearly in our own new Comprehensive Management Plan by protecting our natural resources. We encourage you to do what it takes to protect our natural heritage for future generations. Sincerely, Stacy Studebaker Stacy Studebaker Conservation Chair Kodiak Audubon Society P.O. Box 970 Kodiak, AK 99615 (907) 486 -6498 Nova Javier From: Rick Gifford Sent: Tuesday, August 28, 2007 10:40 AM To: Nova Javier Subject: FW: motorized use of Island Lake FYI Rick Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Phone: 907- 486 -9301 Fax: 907 -486 -9374 Email: rgifford(i)kodiakak.us Web site: http: / /www.kodiakak.us From: Kerry Felton [mailto:kerryf @alaska.com] Sent: Friday, August 17, 2007 6:18 PM To: Rick Gifford Subject: motorized use of Island Lake Dear Mr. Gifford, It is my understanding that you and your staff will be addressing the unsafe and abusive use of motorized watercraft on Island Lake. I have been a resident on one of the lake's fingers for nearly ten years now and enjoy the beauty and quiet that is generally part of life here. As you have heard, there has been a drastic increase in the use of jetskis and skiffs on the lake this year. These watercrafts are supposed to be restricted to the main part of the lake and the lake fingers are designated as a no wake zone. Almost every sunny day this summer, some boater or jetskier will come down the finger at an unsafe speed and do a "cookie" when they reach the end. The resulting waves are causing erosion to the shoreline and wearing on floating docks. On one particular day, my wife and I were enjoying the sunshine from a small rowboat anchored in the finger. A young jetskier came down the finger at a very high speed and nearly hit us! Must an accident on the lake occur before the rules are enforced? And if Barbara Williams is correct that the borough has no power to enforce it's ordinances, what can be done to correct this situation? I ask you to please consider this issue seriously and work diligently to stop the unsafe and abusive use of motorized watercraft on Island Lake. Thank you, Kerry Felton 3350 Peninsula Rd. Kodiak, AK 99615 1 P.O. Box 2284 Kodiak, Alaska 99615 August 28, 20007 Borough Mayor Jerome Selby Borough Manager Rick Gifford Kodiak Island Borough Assembly Re: Island Lake High Speed Watercraft Ordinance r 28 �� BOROUGH CLERKS OFFICE Dear Mayor Selby, Borough Manager Gifford, and the Kodiak Island Borough Assembly: We are 31 -year residents of Island Lake, and owners of three waterfront lots. As most fellow Island Lake people, we enjoy the natural beauty, peace and serenity of this special place. It is the home of eagles, water lilies, and breeding ground for geese and ducks. It has become a favorite spot for canoes and kayaks who share the quiet wonder of Island Lake. Unfortunately, every summer we have high speed watercraft who wantonly ignore the regulations regarding the hours /days of use for motorcraft, and required avoidance of the narrow fingers of the lake. They cause erosion, endanger wildlife, and roll kayaks. The noise, usually late at night, is deafening. There are alternative, more appropriate recreational areas for high speed watercraft. The Island Lake community has come before you in past years to address this problem. The resulting regulations have been abused. We come to you again to ask for an ordinance that prohibits the use of high speed watercraft on Island Lake:. Thank you for your kind attention to this matter. Sincerely, Phil and Lisa Robbins Nova Javier From: Sent: To: Subject: Members of the Borough Assembly, I live on Island Lake. I have been noticing all summer that many motorized boat users on the lake don't follow the rules clearly posted at the public launch. Many of these people won't listen even when told that they are not following the rules. I see multiple power boat users on the lake at the same time which is very dangerous on such a small lake. Why do we continue to support power boat usage on a lake that is clearly too small to support the traffic. Residents around the lake are disturbed about the noise and the lake environment is been adversely impacted. Shoreline erosion is evident all around the lake wildlife is being driven from the area. Trash is being thrown in the lake including broken glass. In an area where we have so much water suitable for motor boat usage why do you continue to allow this lake and its residents to be subjected to this abuse? Please distribute this letter to all Borough Assembly members, Thanks, Eric Clark Island Lake Eric Clark [eclark©kodiak.coop] Thursday, August 16, 2007 11:47 AM Nova Javier Island Lake KOI)IAK ISLAND BOROUGH CLERKS OFFICE COPIED TO: ASSEMBLY u% MAYOR \I;ANiAGER. OTHER Nova Javier From: Ben & Kate Ballenger [b.k.ballenger @att.net] Sent: Monday, September 10, 2007 9:03 AM To: Nova Javier Subject: PROPOSED ISLAND LAKE ORDINANCE I am aware of a proposed ordinance that is to be introduced at your Borough work session this Thursday, September 13, and would like to speak in favor of it's passage and going forward for a public hearing. My understanding is that this ordinance addresses the problems of motorized activity on Island Lake and all the contentious issues that are caused. Island Lake is a lovely recreational area and one that should be maintained in a thoughtful and prideful way by the citizens of Kodiak. We do not need to escalate dangerous situations and I would certainly recommend that the proposed ordinance be given the opportunity for a public hearing so that all who wish to speak on the issue are given the chance. I would hope that we can continue to maintain balance and prudence with this area. Kathleen (Kate) Ballenger P. 0. Box 126 351 Shahafka Circle Kodiak, AK 99615 (907) 486 -3384 b. k.ballengerOatt.net 1 Nova Javier From: lorna.arndt @att.net Sent: Saturday, September 08, 2007 1:55 PM To: Nova Javier Subject: Ordinance (High Speed Watercraft) I will be out of town when the Sept. 13th meeting is. I want to go on record of Supporting the Island Lake Ordinance prohibiting high speed motorcraft on laland Lake. Thank You. Lorna -Lee Arndt 1 Nova Javier From: Doug Letch [Doug_Letch @Iegis.state.ak.us] Sent: Monday, August 20, 2007 9:10 AM To: Nova Javier Subject: Kodiak's Island Lake From: Doug Letch Sent: Monday, August 20, 2007 9:06 AM To: 'njavier @kodiak.us' Subject: FW: Kodiak's Island Lake Hi Nova, I was in contact with Assembly Member Williams regarding the ownership of Island Lake in conjunction with jet ski discussion the Assembly had last week. Assembly Member Williams asked me to forward the enclosed response from the Department of Natural Resources regarding ownership that may be useful in deliberations. Best regards, Doug From: Mylius, Richard H (DNR) [mailto:dick.mylius @alaska.gov] Sent: Monday, August 20, 2007 8:39 AM To: Doug Letch; Lesh, Melanie G (DNR) Subject: RE: Kodiak's Island Lake Doug - as a general rule, we do not convey the bed of lakes to municipalities, so in all likelihood it is state owned. However, Borough's can adopt ordinances to manage lakes if they do it based on public safety or health or through planning and zoning powers (the Mat -Su Borough has done that). DNR generally avoids getting into such issues as they tend to be local concerns. Dick Doug Letch Aide to Senator Gary Stevens 112 Mill Bay Rd. Kodiak, AK 99615 (907) 486 -4925 (907) 486 -5264 (fax) 1 Kodiak Borough Assembly: Sincerely, f^ Jim Dillard 3111 Peninsula Road Kodiak Thursday Sept. 13, 2007 I see from yesterday's newspaper that you will be discussing a proposed ordinance to ban high -speed craft on Island Lake. No doubt you will hear plenty of testimony on noise, the chasing of wildlife, hazards posed to canoe and kayak enthusiasts and so on. At our household we also have those concerns. We have had jet skis 80 feet from our bedroom window past the hour of midnight on weekdays. Since we get up well before 6:00 am to get ready for work, this of course poses an inconvenience. An even stronger concern for us is the wildlife. For over a month this summer we had a pair of loons in our little corner of Island Lake. Then we had a week of nice weather that brought out the machines. Since the lake where we live is only 73 yards wide, it only took a few passes with jet skis and speedboats for the loons and other wildlife to exit the area — and they haven't returned. We have tried to have reasonable discussions with the folks on the machines to encourage them to respect wildlife and sleeping hours of those of us who have to work, but the usual response is a list of obscenities. As a career educator I had an even ten students die while they were enrolled in my classes. Nine of these were from accidents, and of those nine, five died as a result of excessive speed in or on some sort of vehicle. As I watch our local youth on the lake zip by stumps and docks at highway speeds, and as I watch them negotiate tight turns in the very ends of the fingers of the lake, I think back to those completely preventable deaths. I sincerely hope that we do not wake up one morning to the news of a serious injury or fatality on Island Lake, knowing that as a community and as a Borough Assembly, we passed up an opportunity to put preventive measures in place. The fact is that Island Lake is too small and is just not appropriate for high -speed craft. Please support the ordinance to ban this type of vehicle on Island Lake. Nova Javier From: Eisemann, Jane [jeisemann0l ©kodiakschools.org] Sent: Tuesday, September 18, 2007 2:37 PM To: Nova Javier Cc: Dillard, Bonnie Subject: Island Lake Ordinance For the record and the packet for Thursday Nights Borough Assembly meeting. I would like this letter read out loud if possible. Thank you very much. Dear Borough Assembly and Users of Island Lake, My name is Jane Eisemann and my husband and I own property on Island Lake. The proposed Ordinance in its current state does not reflect or include the big picture with regards to usage of motorized vehicles on Island Lake. The lake provides recreation year round for motorized vehicles and watercraft. Winter motorized users have stayed out on the lake well past 9:00 pm on weeknights and have bragged to me personally about how proud they were of their loud machines. Also, walkers, skiers and skaters on the lake (myself included) have felt threatened by perceived unsafe maneuvering of these machines. Nowhere in the ordinance do I see the issue of snow machines, motorcycles and 4 wheelers that use the lake in its frozen state. For this reason I do not support the current proposed ordinance. Now, I bet you are all thinking that I would like motorized vehicles prohibited from the lake year round, but that is not the case. I feel that the lake can be used responsibly by all isers. But the real question is "how do you mandate thoughtfulness ?" Once again a few thoughtless rogue users have compromised motorized recreational opportunities for our community. How sad.... bought property on Island Lake for the great opportunities for interaction with wildlife that make the lake their home. I do prefer quiet sports that don't require fossil fuels and I do wish that we could eliminate noisy machines that frequent my `front yard' but the reality of the situation is that the lake is a recreational resource for all residents of Kodiak. I don't own the lake, *I would like to take a role in protecting it in as fair a manner as possible. P I personally am more concerned about herbicide and pesticide use along the lake as well as the quality of soaps used in the many banyas that dot the shores. But... this is an issue for another time. I think the original community task force did a great job of coming up with compromises that addressed everyone's needs. I think it is a shame that a few potentially ruined it for all. I don't know what the solution is, perhaps lake users, motorized and non, need a permit to use the lake and would be required to take a class in thoughtfulness and safety to obtain lake access? My two cents and maybe food for thought. Respectfully submitted, Jane Maria Eisemann 2558 Pruitt Lane Kodiak Alaska 486 -4594 1 ISLAND LAKE ORDINANCE 9/13/07 Dear Ladies and Gentlemen of the KIB Assembly, I am writing as an individual in support of the Island Lake Ordinance to ban jet -skis and other high -speed watercraft from Island Lake. The recent disregard for compromise and rules established by the Island Lake Task Force in 1999 and removal of signs posting those rules has, in my mind, negated any privileges this user group once had. This little residential lake of only 39 acres is just too small for fast watercraft recreation. If you consider the 100 foot zone around the lake perimeter where watercraft are supposed to stay within, by my calculations that leaves only about 14 acres of permissible waters to use. That is simply not a big enough area for high- speed watercraft to be contained and to safely navigate without harming themselves, other boaters in canoes and kayaks, and children who want to play and swim in the water. Someone on the assembly was quoted in a newspaper article that this ordinance should proceed more slowly because we are dealing with taking away people's "rights." Well, don't you think that people who live around the lake or recreate there have "rights" to peace and quiet, as well as to their enjoyment of wildlife and protection of their land and property? Haven't their "rights" already been taken away? Some have been there for many more years than jet -skis have been around. Just because certain very vocal individuals say they haven't observed any harassment or mortality of wildlife on the lake doesn't negate other people's observations that claim the opposite. And, just because certain individuals may claim that jet skiing is good, "clean" family recreation doesn't mean that it is appropriate everywhere. And as far as the "clean" argument goes, let me shed some other light on the subject. Jet -skis release large quantities of hydrocarbons into the environment, polluting both our water and atmosphere. One of the main reasons for this is that most jet -skis are powered by dirty 2- stroke engines that discharge as much as one third of their fuel and oil unburned into the water and air. According to the Environmental Protection Agency, 2- stroke engines are the number one source of toxic water pollution in the US. A one -hour jet -ski ride can release as much as a gallon of unburned fuel into the environment. Some estimates suggest this amount is even higher. Now, multiply that figure by the number of operators and you have some serious pollution to the environment. A small lake that supports salmon and other wildlife certainly can't sustain a productive environment with that kind of pollution. Many studies have shown that even low hydrocarbon levels in aquatic systems can have serious toxic affects on plankton, fish eggs and larvae, aquatic invertebrates, as well as birds and mammals. Remember Exxon Valdez disaster that spilled over 11 million gallons of crude oil into Prince William Sound? Well, it is estimated that jet -skis alone contribute the equivalent of four Exxon Valdez spills to American waters annually. Add 2- stroke outboard engines to this and the number rises to 15 Exxon Valdez spills per year. THE NOISE ISSUE: The mosquito -like high - pitched whine of a jet ski is not just irritating; it is dangerous to both humans and wildlife. The noise associated with jet skis also disturbs wildlife. Jet -skis emit 85 to 105 decibels of sound per unit. For comparison, a busy city street usually clocks in at around 70 decibels and nearby jet plane measures around 150 decibels. The United States Park Service limit on noise pollution is 82 decibels at 82 feet; jet -skis are borderline at best on large bodies of water where noise can dissipate but the impacts on small lakes like Island Lake are compounded in the amphitheater -like environment surrounded by trees. I will probably not attend the public hearing on Sept. 20 because frankly, I am sick and tired of these meetings Ind the bullying tactics and harassment from a vocal minority who claim that using ORVs of any kind and .nposing their noise, stink and pollution on everyone and everything is their God given right. And, I certainly hope that in your considerations, letters weigh in as importantly on this issue as a bunch of vibrato. Please have the courage to pass the Island Lake Ordinance and uphold your obligation to protect our natural resources, our peace and quiet, and quality of life. Sincerely, Stacy Studebaker P.O. Box 970 Kodiak AK Nova Javier From: Voyage 34 [yellowporcupine @gmail.com] Sent: Sunday, September 16, 2007 8:38 AM To: Nova Javier Subject: Comments for assembly on Island Lake jet ski ordinance Dear Nova - please include my comments on the Island Lake jet ski ordinance in the public record of testimony on this issue. Thank you. Mike Sirofchuck 486 -6498 Dear Assembly: I support the ordinance and all efforts to restrict Island Lake to non - motorized use. A residential area is inappropriate for high speed, noisy recreational use. Seven years ago, a group of jet skiers and Island Lake residents worked out a compromise solution for use of Island Lake. Now, many jet skiers have chosen to ignore and not honor that agreement. I believe that a user group that does not honor an agreement worked out by all sides, forfeits any "rights" they may have had to use the area Frankly, I do not believe that jet skiers have an innate right to use this area to begin with. Yes, jet skiing can be a great family activity; however, just because something is a family activity does not make it necessarily appropriate to the area where families wish to engage in the activity. Island Lake is really just too small for these powerful, fast, and noisy machines. The rights of the property owners supersede any user group rights in this case. The residents of this area have made substantial investments to establish their family homes along Island Lake. These property owners also pay property taxes and, thus, make a substantial contribution to the KIB. As such, their right to a peaceful, quiet place to live is paramount. You, as an assembly, have the responsibility to uphold our right to a high quality of life in the KIB. When a user group exhibits the lack of consideration and disregard for others we are seeing with the jet skiers, then you must step in and protect the property owners. Jet skiers have many other areas where they can have their family fun and not disturb people in their homes - they are not really losing anything if they are not allowed to use Island Lake. In fact, the entire community gains if Island Lake is a non - motorized area: families and individuals will have a place where they know that they can canoe, kayak, row, fish, swim, float around on inner tubes, etc without being fearful that a high speed machine of considerable weight will either hit them or create wakes that endanger them. Please support the rights of the majority over a vocal and, frankly, sometimes abusive and bullying minority. Establish Island Lake as an area free of motorized use. Thank you for taking the time to consider my comments on this issue. Sincerely, Mike Sirofchuck Cliffside Road Kodiak 1 Nova Javier From: Dillard, Bonnie [bdillard01 @kodiakschools.org] Sent: Thursday, September 20, 2007 9:40 AM To: Nova Javier Subject: FW: Island Lake Ordinance I would like my comment read after Jane's letter, below... My name is Bonnie Dillard, I live on Island Lake with my family and I wish to echo what Jane Eisemann wrote in her letter...also, I do not want to take anyone's rights away. However, it feels at times that my family and I have no right to peace and quiet. As Jane describes, there are times year round that the speeds and noise levels are an intrusion into our lives and safety. Please take the families that live around the lake into consideration as you work thru this issue. (We are on one of the fingers that does indeed receive a great deal of traffic). Thank you, Bonnie Dillard From: Eisemann, Jane Sent: Tuesday, September 18, 2007 2:37 To: 'njavier ©kib:co>kodiak.ak.us' Cc: Dillard, Qonnie {" Subject: I and Lake Ordinance I i i For the record and the pa for Thur day Nights Borough Assembly meeting. I would like thi letter read out loud if possible.; ", thank you very much. f Dear BcS Assembly and Users of !Vend Lake, My name is Jane Eisemann and my husband and I own property on Island Lake. I 1 7'\1/4, The proposed Ordinance in its current st to does not reflect or include the 10 picture with regards to usage of motorized vehicles on Island Lake. The lake provids recreation year round for motorized vehicles and watercraft. Winter motorizes] users have stayed; out on the Ie well past 9:00 p m on weeknights and have bragged to me personally about how proud they were of theirloud machin . Also walkers,; skiers and skater* on the lake (Myself included) have felt threatened by perceived unsafe maneuver g of these machines. Nowhere iri;the ordinance do I see the issue of snow machines, tmotorcycles and 4 wheelers tha use the lake in /its frozen state. For this reason I do not support the current proposed ordinance. Now I bet you are all thinking that I would like otorized vehicles proruibited from thelake year round, ut that is not the case. I feel that The lake can be used responsibly all users. But the real question is " how do ou mandate thoughtfulness ?" Once again a few t thoughtless rogue users have compromised motorized recreational opportunities' for our community. How sad.... 1 bought property on Island for the great o d,` pportunitieslfor interaction with wildJife that make the lake their home. I do prefer quiet sports that don't require fossil fuels \and I do wish that we could eliminate noisy machines that frequent fny 'front yard' gut the reality of the situation is that t re lake is a` \recreational resource fdr all residents of Kodiak. I don't own the lake, bit I would like to take a role in protectirpg it in as fair a manner as possible,. I I (personally am more concerned about herbicidei and pesticide use along the lake aS well as the quality of soaps used in the many banyas that dot the shores. But... thisjis an issue foranother time. I I think the original clommunity task force did a great job of coming Op with comprorrses that addressed everyone's needs. I think it is shame that a few potentially ruined it for all 1 don't know what the solutionv,s, perhaps lake/Users, motorized and no need a permit to use the lake and would be required to take a class in thoughtfulness and sotety to obtain Iake-.ac e ? / / BERND MEIER 3000 Peninsula Road I am against all power vehicles but I am also realistic and I believe that everyone should have the use of the lake. I am fully supporting the rules that have been implemented previously in 1990. The rules I am referring to are out of the report to the Kodiak Island Borough Assembly compromised to solve community conflict by the Island Lake Task Force of November 1999. I'd like to state that the noise travels well over water and at times it is impossible for me to watch even television in my own living room. If the rules are being instated they need to be enforced so that there's no body misusing it and so somebody needs to be enforcing the rules. Verbal comments of Mr. Meier given to the Clerk over the phone. Hans Tschersich, 1423 Baranof Street, Kodiak, AK 99615 Telephone 486 5648 Public Comment to the Borough Assembly of Kodiak Island. Sept. 20, 2007 Restrictions to Motorized Uses of Island Lake I live in the city of Kodiak, and neither do I live on Island Lake nor do 1 own property there. But I enjoy using this lake at all times of the year. In the summer I like to go swimming or practice safety procedures in my kayak or I paddle along the quiet bays. In the winter I have enjoyed ice skating as well as cross country skiing and skate skiing. Unfortunately these healthful winter activities became nearly impossible in recent years since the snow and ice were commonly ruined by ATVs carving up the snow or slushy ice which refroze with deep furrows, making it unsuitable for any non - motorized sport activities. In the summer peaceful enjoyment of the beautiful lake was occasionally severely disturbed by loud motor craft on the lake. I was afraid to go swimming when speed boats and water skiers were on the lake. Motorized users ask for more than their fair share of a public resource and for special privileges. Their way of use is far more intrusive and abusive than quiet non - motorized use. My swimming will not disturb other users but a loud speed boat does. My skating or skiing will not be heard around the lake and the ice or snow will not be damaged but ATVs will disturb many with their noise and smell and will ruin the lake surface for other users. Some parents argue that these motorized uses are healthy and fun activities for families and their children. They overlook the negative effects, now widely recognized in this country and around the world: The encouragement of a passive lifestyle has negative consequences like obesity with later complications such as diabetes and cardio - vascular diseases. It would be much healthier, more enjoyable and socially more acceptable to encourage youngsters to pursue non- motorized leisure activities. In a time of rising concern about over - consumption of precious resources, environmental pollution and global warming we need to teach our children the enjoyment derived from non- motorized sports and other activities and encourage healthier lifestyles which build and maintain healthy bodies and spirits. For the above stated reasons 1 suggest that Island Lake be made available again for all citizens, including the ones who have been prevented from enjoying the lake in recent years, by restricting the use of the lake to non - motorized uses in summer and winter, with the exception of slower moving motorized water craft or transport equipment needed by residents of the lake shore. Nova Javier From: Sent: To: Su bject: From: Cort Neff [mailto:cortneff ©ak.net] Sent: Wednesday, September 12, 2007 9:07 AM To: Marylynn McFarland Subject: Island Lake Ordinance Marylynn McFarland Wednesday, September 12, 2007 10:07 AM Nova Javier FW: Island Lake Ordinance To the borough Assembl Sept. 1 2, 2007 We understand that the State of AK has given the borough the jurisdiction over this lake. We would like to see a regulation on motorized craft enforced on Island Lake when possible. Cort & Katrina Neff 1 P.O. Box 1633 Kodiak, Alaska 99615 September 11, 2007 Assembly Members, Mayor and Manager Kodiak Island Borough Kodiak, Alaska 99615 Re: Proposed ordinance regarding motorized traffic on Island Lake As property owners on Island Lake and Borough residents, we support forwarding the proposed ordinance for public debate and discussion. We are in favor of restricting motorized traffic on Island Lake. Nick and Pat Szabo Nova Javier From: barbara williams [snoskwrl @gci.net] Sent: Thursday, August 30, 2007 12:05 PM To: Nova Javier Subject: Emailing: om_isapi Nova, this document is the mat -su boroughs lake management implementation plan. It is an accompaniment to the one I just sent you. Please distribute to Rick, Jerome, and the assembly. Thanks. The message is ready to be sent with the following file or link attachments: Shortcut to: http://nt5.scbbs.com/cgi- bin/om isapi.dll ?clientlD = 487458629& depth =2 &infobase= matsubor.nfo &record= {6E17 } &softpage =PL fram e Note: To protect against computer viruses, e -mail programs may prevent sending or receiving certain types of file attachments. Check your e -mail security settings to determine how attachments are handled. i Nova Javier r"rom: barbara williams [snoskwrl @gci.net] Sent: Thursday, August 30, 2007 11:33 AM To: Nova Javier Subject: Emailing: AdoptedLakeMgmtPlans Nova, please make this available to the manager, assembly members and the mayor. I have found some very useful and relevant information here which will be helpful as we proceed with the Island Lake proposed ordinance. Thanks. The message is ready to be sent with the following file or link attachments: Shortcut to: http: / /www.matsugov.us/ Planning /AdoptedLakeMgmtPlans.cfm Note: To protect against computer viruses, e -mail programs may prevent sending or receiving certain types of file attachments. Check your e -mail security settings to determine how attachments are handled. 1 Document Page 1 of 5 Section 17.59.005 Definitions 17 59.01.0 Intent 17.59..0. ?0 Applicability 17.59.060 Limitation of uses 17.59.070 Violations, enforcement, and penalties 17.59.005 DEFINITIONS. (A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) "Ice house" means a structure utilized for ice fishing and left on the frozen surface of a lake for a period of more than 24 hours. (2) "Motor vehicle" means an automotive vehicle with rubber tires for use on highways. (3) "Motorized water craft use means the operation of water craft powered or propelled by a force other than human muscular power, gravity, or wind. This definition does not include airplanes as motorized water craft when landing, taking off, or taxiing on a water body. (4) "No wake" means the slowest possible speed a boat or personal water craft can go and still provide maneuverability. (5) "Personal water craft" means vehicles known as jet skis,' wave runners, and similar acrobatic or stunt equipment. (6) "Special permit" means a permit approved by the planning director for a special purpose and limited to a specific time to conduct an event that otherwise would involve activities in violation of one or more provisions of this chapter. (7) "Time share" means restrictions do not apply on Thursday, Friday, Saturday, and all three -day weekends mandated by federal holiday (Memorial Day, Fourth of July, and Labor Day). (8) "Wake" means the track in the water left after the passage of a water craft or other vehicle. (Ord. 06 -107, § 4, 2006; Ord. 99- 052(AM), § 2 (part), 1999) 17.59.010 INTENT. This chapter is a measure to implement and to further the goals and objectives of the lake management plans adopted by the borough as part of the borough's comprehensive plan referenced in MSB 15.24.030(C). (Ord. 99- 052(AM), § 2 (part), 1999) 17.59.020 APPLICABILITY. CHAPTER 17.59: LAKE MANAGEMENT PLAN IMPLEMENTATION This chapter shall apply only to lakes, waterways, water bodies and watercourses specified herein. (Ord. 99- 052(AM), § 2 (part), 1999) 17.59.060 LIMITATION OF USES. (A) The limitations noted herein shall apply only to lakes specified. (B) Quiet hours. Motorized uses producing continuous or repetitive noise are regulated for the hours and lakes specified below. Examples of regulated uses include high -speed joyriding, practicing aircraft "touch and goes," engine testing, and racing. This restriction does not prohibit the operation of aircraft, boats, or other vehicles traveling directly to their destination. (1) The hours of 11 p.m. to 8 a.m., Sunday through Saturday, are designated as quiet hours for the following lakes: (a) Big Lake. (b) West Papoose Lake. (c) Whiskey Lake. (2) The hours of 10 p.m. to 8 a.m., Sunday through Saturday, are designated as quiet hours for the following .oc amen t (3) lakes: lakes: Page 2 of 5 (a) Crystal Lake. (b) John Lake. (c) Lake Five. (d) Little Question Lake. (e) Memory Lake. (f) Question Lake. (g) Rainbow Lake. (h) Unnamed lake located within T25N, R4W, Section 30, S.M., AK between Question Lake and the Talkeetna Spur Road. (i) Unnamed lake located within T25N, R4W, Section 31, S.M., AK between Question Lake and the Talkeetna Spur Road. (i) Walby Lake. (k) Diamond Lake. ( Christiansen Lake. (m) Neklasen and Lower Neklasen Lakes. (n) Marion Lake. (o) Long Lake (Houston). (p) Three Mile Lake. (q) Wolverine Lake. (r) Little Lonely Lake. (s) Jean Lake. (t) Liten Lake. (u) Shirley Lake. (v) Florence Lake. (w) Carpenter Lake. The hours of 7 p.m. to 9 a.m., Sunday through Saturday, are designated as quiet hours for the following (a) Honeybee Lake. ( The hours of 10 p.m. to 8 a.m., Sunday through Thursday, and 11 p.m. to 8 a.m., Friday and Saturday, are designated as quiet hours for the following lakes: (a) Blodgett Lake. (b) Knik Lake. (c) Twin Island Lake. (C) No -wake zone. No -wake zones along shorelines are established as noted below. The no -wake zone shall extend from the shoreline of the lake, the designated horizontal distance into the water as noted below: ( 150 feet from the shoreline. (a) Big Lake. (b) Whiskey Lake. (2) 100 feet from the shoreline. (a) West Papoose Lake. (b) Diamond Lake. (c) Marion Lake. (d) Long Lake (Houston). (e) Shirley Lake. (f) Florence Lake. (g) Carpenter Lake. (3) 50 feet from the shoreline at the public boat dock. (a) Crooked Lake. Document Page 3 of 5 (4) 100 feet from the shoreline except when a waterskier is leaving dock or shore. (a) Neklasen Lake. (5) No wake speed zone on lake. (a) Little Lonely Lake. (b) Liten Lake. (D) Motorized water craft use. Motorized water craft uses are restricted as noted on the following lakes and waterways. (1) Motorized water craft uses are prohibited on: (a) Lake Five. (b) Little Question Lake. (c) Meadow Creek. (d) Unnamed lake located within T25N, R4W, Section 30, S.M., AK between Question Lake and the Talkeetna Spur Road. (e) Unnamed lake located within T25N, R4W, Section 31, S.M., AK between Question Lake and the Talkeetna Spur Road. (f) Lower Neklasen Lake. (g) portions of the inlet creek and outlet creek on Whiskey Lake. (h) Liten Lake. (2) Personal water craft are prohibited on: (a) Blodgett Lake. (b) Bonnie Lake. (c) Doubloon Lake. (d) Island Lake. (e) Ravine Lake. (f) Upper Bonnie Lake. (g) West Papoose Lake. (h) Diamond Lake. (i) Christiansen Lake. (j) Marion Lake. (k) Long Lake (Houston). (1) Three Mile Lake. (m) Wolverine Lake. (n) Whiskey Lake. (o) Little Lonely Lake. (p) Jean Lake. (q) Liten Lake. (r) Shirley Lake. (s) Florence Lake. (t) Carpenter Lake. (3) Motorized water craft uses are restricted to electric motors only on: (a) Honeybee Lake. (b) Upper Bonnie Lake. (c) Toad Lake. (d) Wolverine Lake. (e) Jean Lake. (4) Motorized water craft uses are restricted to a maximum of five horsepower motor limit on: (a) Fish Lake. (b) Knik Lake. (c) Marilee Lake. Document Page 4 of 5 (d) Question Lake. (5) Motorized water craft uses are restricted to a maximum of six horsepower motor limit on: (a) Wolf Lake. (6) Motorized water craft uses are restricted to a maximum of 10 horsepower motor limit on: (a) Blodgett Lake. (b) John Lake. (c) Memory Lake. (d) Rainbow Lake. (e) Ravine Lake. (f) Twin Island Lake. (g) Walby Lake. (h) Diamond Lake. (i) Long Lake (Houston). (j) Three Mile Lake. (k) Little Lonely Lake. (1) Florence Lake. (7) Motorized watercraft uses are restricted to a maximum of 15 horsepower motor limit on: (a) Christiansen Lake. (8) A lake wide no wake zone, except for Thursdays, Fridays, the first and third Saturdays of the month, the second and fourth Sundays of the month, national holidays and three -day weekends resulting from national holidays: (a) Neklasen Lake. (9) Motorized water craft used are restricted to a lake wide no wake speed zone except on Thursday, Friday, Saturday, and all three -day weekends mandated by federal holiday (Memorial day, Fourth of July, and Labor Day): (a) Marion Lake. (10) Motorized amphibious vehicles, which are a type of motorized watercraft, are prohibited on the following lakes: (a) Three Mile Lake. (11) Motorized water craft uses are restricted to a maximum of 10 horsepower motor limit, on a time share basis, on: (a) Carpenter Lake. (E) Special Permit. A special permit may be issued by the planning director waiving boat motor limits for the transport of building materials on the following lakes and waterways: (1) Lake Five. (2) Little Question Lake. (3) Question Lake. (4) Unnamed lake located within T25N, R4W, Section 30, S.M., AK between Question Lake and the Talkeetna Spur Road. (5) Unnamed lake located within T25N, R4W, Section 31, S.M., AK between Question Lake and the Talkeetna Spur Road. (6) Christiansen Lake. (F) Winter motor vehicle control. Motor vehicles are prohibited from the surface of the following lakes when ice covered. (1) Lake Five. (2) Little Question Lake. (3) Question Lake. (4) Unnamed lake located within T25N, R4W, Section 30, S.M., AK between Question Lake and the Talkeetna Spur Road. (5) Unnamed lake located within T25N, R4W, Section 31, S.M., AK between Question Lake and the Talkeetna Spur Road. (6) Walby Lake. Document Page 5 of 5 (7) Wolf Lake. (8) Carpenter Lake. (G) Ice house registration. Prior to locating an ice house on the frozen water of the lakes designated below, the ice house must be registered with the borough; pertinent registration information must be prominently displayed on the exterior of the ice house structure. (1) Big Lake. (2) Lake Five. (3) Little Question Lake. (4) Question Lake. (5) Unnamed lake located within T25N, R4W, Section 30, S.M., AK between Question Lake and the Talkeetna Spur Road. (6) Unnamed lake located within T25N, R4W, Section 31, S.M., AK between Question Lake and the Talkeetna Spur Road. (7) Diamond Lake. (8) Little Lonely Lake. (Ord. 06 -107, §§ 5 -9, 2006; Ord. 06 -079, §§ 4-7, 2006; Ord. 06- 074(AM), §§ 4, 5, 6, 2006; Ord. 06 -019, §§ 4, 5, 6, 2006; Ord. 06 -018, §§ 4 -7, 2006; Ord. 05 -063, §§ 4-8, 2005; Ord. 04 -146, §§ 2 -5, 2004; Ord. 04 -140, §§ 2, 3, 4, 2004; Ord. 02 -209, § 2, 2002; Ord. 02 -201, § 2, 2002; Ord. 01 -191, §§ 2 -5, 2001; Ord. 00- 177(AM), §§ 2 -5, 2000; Ord. 00- 006(AM), §§ 2 -5, 2000; Ord. 99 -149, §§ 2 -6, 1999; Ord. 99 -067, §§ 2 -6, 1999; Ord. 99- 052(AM), § 2 (part), 1999) 17.59.070 VIOLATIONS, ENFORCEMENT, AND PENALTIES. (A) Except as otherwise specified in this chapter violations of this chapter are infractions. (B) Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45. (Ord. 99- 052(AM), § 2 (part), 1999) Document http : / /nt5.scbbs.com/cgi- bin/om isapi. dll ?clientlD= 262785294&infob... 17.58.005 DEFINITIONS. (A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. (1) "Annoyance" means an actual interference with the sleep, work or reasonable right to peace, safety or privacy of one or more people. (2) "High- powered personal watercraft" means vehicles known as jet skis, wave runners and similar acrobatic or stunt equipment. (3) "Motorized use" means the operation of any equipment, watercraft or vehicle powered or propelled by a force other than human muscular power, gravity or wind including, without limitation, automobiles, aircraft, boats, personal watercraft, hydroplanes, all terrain vehicles, three - wheelers, motorcycles, snowmachines and stationary equipment such as generators and pumps. (4) "Special event permit" means a permit approved by the planning director for a special purpose and limited to a specific time to conduct an event that otherwise would involve activities in violation of one or more provisions of this chapter. (5) "Wake" means the track in the water left after the passage of a boat or other vehicle. (Ord. 93 -132, § 2, 1993) 17.58.020 APPLICABILITY. Section 17.58.005 Definitions 17.58.010 Intent 17.58.020 Applicability 17.58.030 Nuisance 17.58.040 Definitions [Recodified as MSB 17.58.005] 17.58.050 Safety 17.58.060 Buoys and signs 17.58.070 Petition 17.58.080 Public hearing 17.58.090 Factors for designation 17.58.100 Limitation of motorized uses on designated lakes and waterways 17.58.110 Prohibition of motorized uses 17.58.120 Penalties [Repealed] 17.58.125 Violations, enforcement, and penalties 17.58.010 INTENT. CHAPTER 17.58: MOTORIZED USES ON LAKES AND WATERWAYS This chapter is intended to promote the safe, reasonable, wise and responsible use of the lakes and waterways in the borough in order to protect the general public's health, safety and welfare, quality of life, neighborhood character, water quality, shorelines susceptible to erosion, water fowl and fish habitat, and recreation and tourism. It is not the intent of this chapter to prevent the reasonable incidental motorized use of waterbodies, properly authorized stream crossing, or water appropriations. (Ord. 93 -132, § 2, 1993) Document http:// nt5. scbbs. com /cgi- bin/om_isapi.dll ?clientlD= 262785294 &infob..: Unless otherwise provided by code this ordinance shall apply only on those lakes, waterways, water - bodies and watercourses specified herein. (Ord. 93 -132, § 2, 1993) 17.58.030 NUISANCE. The inconsiderate, reckless, irresponsible, unsafe, noisy operation of motorized uses on lakes and waterways within the Matanuska - Susitna Borough can damage valuable shorelines, waterways, water -fowl and fish habitat, prevent the reasonable enjoyment of private and public lands and waters by others, threaten the public health, safety, and welfare, inhibit and discourage reasonable residential, tourist and recreational uses which produce economic revenue and generally damage the quality of life and neighborhood character. Such uses are therefore declared to be a nuisance subject to regulation by the Matanuska - Susitna Borough. (Ord. 93 -132, § 2, 1993) 17.58.040 Definitions. [Recodified as MSB 17.58.0057 17.58.050 SAFETY. Watercraft using lakes shall obey the inland rules of the road and small craft regulations as promulgated by the U.S. Coast Guard, including use of personal flotation devices. Lights are required on watercraft and vehicles during night operation. (Ord. 93 -132, § 2, 1993) 17.58.060 BUOYS AND SIGNS. It is unlawful to strike, destroy, move, deface or otherwise tamper with floats, buoys, signs or other notices placed by or with the approval of city, borough, state or federal agencies. (Ord. 93 -132, § 2, 1993) 17.58.070 PETITION. (A) The manager, upon submittal of a report of a lake's or waterway's condition or use may petition the planning commission to hold a public hearing to determine whether to make a lake or waterway subject to the conditions of this chapter. (B) Any group of 20 or more residents or property owners of the borough may petition the planning commission to make a lake or waterway subject to the conditions of this chapter. (Ord. 93 -132, § 2, 1993) 17.58.080 PUBLIC HEARING. Upon receipt of the manager's or a group's petition to designate a lake or waterway subject or not subject to the conditions of this chapter, the planning commission shall hold a public hearing and make a recommendation to the assembly concerning whether a lake or waterway should be subject or not subject to the conditions of this chapter. (Ord. 93 -132, § 2, 1993) 17.58.090 FACTORS FOR DESIGNATION. (A) The planning commission shall consider the following factors when making its recommendation to the assembly: (1) the impact of the watercraft on the environment and shoreline; (2) the impact of the watercraft on wildlife and wildlife habitat; (3) the surface area of the lake or waterway being considered; (4) the use or uses which have been established on the lake or waterway; (5) the character of the adjacent upland development within 1,320 feet of the lake or waterway; Document http:// nt5. scbbs. com /cgi- bin/om_isapi.dll ?clientID= 262785294 &infob... (6) the depth of the water; (7) the amount of existing waterborne traffic; (8) the necessity of ensuring access to and use of the lake or waterway for all individuals and the right of those individuals to appropriate use of the public waters; (9) whether recommending that the lake or waterway be subject to this chapter is necessary to ensure the safety of persons and property; (10) public testimony; and (11) other appropriate factors. (Ord. 93 -132, § 2, 1993) 17.58.100 LIMITATION OF MOTORIZED USES ON DESIGNATED LAKES AND WATERWAYS. (A) The (imitations noted herein shall apply to motorized uses on the following lakes and waterways: (1) Cottonwood Lake; (2) Finger Lake; and (3) Wasilla Lake. (B) Noise control. All motorized uses on the surface of designated lakes and waterways must be equipped with manufacturers standard noise reduction equipment including mufflers, cowlings and exhaust systems. Special purpose or home -built equipment shall be similarly equipped to minimize noise generation. Open exhaust systems are prohibited. Except as otherwise required by Federal Aviation Administration or other state or federal law, aircraft operators shall minimize their take -off noise by utilizing the most central portions of lakes away from residences, business and public areas. (C) No -wake zone. There is hereby established a no -wake zone where speeds will not exceed 5 m.p.h. on designated lakes and waterways extending into the water from a shoreline, a horizontal distance of 100 feet. It is unlawful for a motorized use to operate at a speed of more than 5 m.p.h. within that zone so as to create wake. The no -wake zone may be extended or reduced as required to protect unusually sensitive wildlife habitat or reduced as required to protect unusually sensitive wildlife habitat or to provide access to erosion resistant shorelines or for other reasons as determined by the manager or the manager's designee. The no -wake zone may be presumptively identified by appropriately labeled floating buoys. (D) Hours of operation. Motorized uses producing continuous or repetitive noise which is an annoyance to residents and /or other users of public areas is hereby prohibited between the hours of 11 p.m. and 8 a.m. Examples include uses such as high -speed joyriding, practicing aircraft "touch and goes," engine testing, racing, and construction. Specifically, use of high - powered personal watercraft known as "jet skis" or "wave runners" and similar acrobatic or stunt equipment is prohibited between the hours of 11 p.m and 8 a.m. This restriction shall not be construed to prohibit the operation of aircraft, boats or other vehicles while transiting en route to their destinations, fishing or other quiet use is allowed, where such quiet uses cause no wakes and vessel operational speeds are 5 m.p.h. or less. (E) Special events permits. Organized group type motorized use of lakes and waterways such as races and demonstrations which would cause noise, safety hazards, or inhibit other uses of significant areas of the waterbody shall require special events permit from the borough. Special events permits may be issued by the planning director subject to the following criteria: Event activities may be limited to specific hours in any one day. Event activities may be limited to a maximum number of consecutive days. Event activities may be limited to specific days of the week or month. (4) Event activities must be located so as to avoid hazard to or damage of sensitive wildlife habitat, erosion -prone shorelines, public swimming areas and residential areas. (5) Event activities must be located and conducted to minimize negative impact to residents and other users of the area. (6) Applications for special events permits shall be submitted to the borough on forms provided by the borough and shall be accompanied by an applicatlon fee as established by the assembly. (1) (2) (3) Document http : / /nt5.scbbs. com/cgi- bin/om_isapi. dll? clientlD= 262785294 &info b.. (7) The special event permittee shall demonstrate that adequate insurance and appropriate safety measures are provided to protect participants, spectators and bystanders including marking of activity area, safety patrols and public notice. (8) A special event permit does not release the event organizers or participants from either rules or regulations of the cities, Matanuska- Susitna Borough, state of Alaska or the U.S. Government, especially the U.S. Coast Guard. (Ord. 93 -132, § 2, 1993; Ord. 90- 91(sub), 1990; Ord. 82 -15, 1982; Ord. 81 -7, § 2, 1981) 17.58.110 PROHIBITION OF MOTORIZED USES. Motorized vehicle uses are prohibited on Cottonwood Creek. (Ord. 93 -132, § 2, 1993) 17.58.120 Penalties. [Repealed by Ord. 95- 088(SUB) (am), § 12 (part), 1995. For current provisions, see MSB 17.58.125 J 17.58.125 VIOLATIONS, ENFORCEMENT, AND PENALTIES. (A) Except as otherwise specified in this chapter violations of this chapter are infractions. (B) Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45. (Ord. 95- 088(SUB)(am), § 28 (part), 1995) WELCOME TO ISLAND LAKE o A COMMUNITY RESOURCE LAKE IS OPEN T0: - 7tt SAT 1. MOTORIZED WATERCRAFT: EVEN - NUMBERED DAYS HOURS 10:00 AM -x:00 PM 2 NO RESTRICTIONS ON THE USE OF NON - MOTORIZED WATERCRAFT, BUT MUST YIELD TO MOTORIZED WATERCRAFT ON EVEN - NUMBERED DAYS. 3. NO MOTORIZED WATERCRAFT WITHIN 100 FEET OF /i4ce s "'''' THE LAKESHORE OR IN THE ARMS OF THE LAKE, f EXCEPT FOR TRANSIT TO CENTER OF LAKE. 4. FOR SAFETY PURPOSES, ONLY ONE WATERCRAFT TRAVELING AT HIGH SPEEDS AT A TIME. RECREATIONAL WATERCRAFT DESIRING TO TRAVEL AT HIGH SPEEDS OR TOWING WATER SKIERS ARE ASKED TO TAKE TURNS. 5. LAKE OPENED TO MOTORIZED WATERCRAFT: FROM JUNE 15 UNTIL FIRST FREEZE PLEASE BE COURTEOUS ISLAND LAKE TASKFORCE REPORT TO THE KODIAK ISLAND BOROUGH ASSEMBLY Compromising to Resolve Community Conflict By Island Lake Taskforce November, 1999 ITECEI1W-E AUG 1 7 2007 BOROUGH CLERK'S OFFICE Island Lake Taskforce Page 1 October, 1999 KODIAK ISLAND BOROUGH CLERICS OFFICE CE / COPI "'MAYO R MANAGE ASSEMB O.hER MpNAr Table of Contents I. Introduction II. Background III. Recommendations a. Rules of the Lake IV. Process a. List of Issues b. List of Categories V. Rules of the Lake VI. Consensus Building VII. Conclusion VIII. Island Lake Fact Sheet IX. List of Exhibits Island Lake Taskforce Page 3 October, 1999 Background Island Lake is approximately 40 acres in size and is the largest fresh water body around the urban area of Kodiak. Located just outside the corporate limits of the City of Kodiak, there is a long history of development in the area (lots were originally subdivided around Island Lake and Dark Lake as recreational properties). Even so, use of the lake was comparatively low. As the population of Kodiak grew and land in the urban area was maximized, there was a strong desire to live around the lake. This desire became greater with the installation of public utility lines and low interest loans. With increases in population came increases in the recreational use of Island Lake. The historic use of the lake for swimming, canoeing, and water - skiing continued but increased. New recreational uses also developed. Controversy started to mount with the use of high - powered jet skis on the lake. These watercraft are capable of doing high speeds and creating large wakes. Concerns about the use of this watercraft and the safety of those using the lake heightened when a group of children were almost hit by a novice user of a jet ski. Along with the increased speed of these watercraft and the larger engines now used to pull water skiers, came an increase in the level of noise as well as concerns about safety. One group of residents thought that high -speed watercraft was not compatible with swimming or canoeing. These fast moving watercraft were also viewed as being detrimental to waterfowl and other wildlife of the lake. The other school of thought suggested that water skiing and in some instances jet skis use provides the youth of the community a good alternative for the use of their time and that regulation of the lake was just not needed. This issue was brought to the attention of the Assembly in the fall of 1997. A public hearing on the issue was held before an overflowing crown o homeowners, property owners, jet skiers, and water ski enthusiasts as well as folks who enjoyed seeing duck, geese, swans and other wildlife around the lake. The Assembly chose not to take action on the issue, but appointed community members to the Island Lake Taskforce to make recommendations on the issue. This classic confrontation between environment and peace and quiet versus development is playing out all over the nation. At the community level, the difference is how the resolution of this issue is approached. The Borough Assembly suggested Mayor Gary Stevens appoint a taskforce comprised of community residents who are interested in addressing the issue by submitted their names requesting appointment to the taskforce. This is an important point. Instead of making a decision based on the emotion of the moment, the Assembly wisely turned the issue back to the community to resolve - to make the issue a community solution and not solely an Assembly decision. Island Lake Taskforce Page 5 October, 1999 Process As previously stated, the initial step for the group was to meet in a building that was closer to the subject. This meant meeting at the multi - storied log structure built by the local Elks Lodge. This facility is called Camp Mueller and is used for "scouting and other youth purposes" and is located on the banks of Island Lake. It was to become a perfect neighborhood meeting place. The group started out by inviting every member to "speak their mind" about issues they thought important. Candid comments were gathered from each and every member of the taskforce. No issue was considered unimportant. Each item was written down on chart paper located within view of all members. The issues identified varied greatly and included problems, perceptions, and recommendations. The following list are the items expressed by members at that first meeting: 1. ROPE OFF A PORTION OF THE LAKE AS A SAFE AREA FOR SCOUTS 2. ALLOW ALL CURRENT USES TO CONTINUE 3. SAFETY ISSUES 4. POST SIGN STATING RULES ON USE OF THE LAKE 5. HABITAT PRESERVATION 6. WHO IS LIABLE? (INDIVIDUALS, STATE OF ALASKA, BOROUGH ?) 7. AESTHETICS DEGREDATION 8. ENFORCEMENT? WHO RESPONDS? 9. INCREASED LACK PEACE AND QUIET 10. (CREATE) A PRIORITY OF USE AMOUNG USERS 11. LIMIT POWER BOAT ENGINE SIZE AND USE 12. PRIVATE PROPERTY DAMAGE (WHO IS LIABLE ?) 13. NO RESTRICTION OF WATER SKIIERS 14. INCLUDE CONFLICT CREATED BY WINTER USERS 15. TOO MUCH NOISE 16. HORSEPOWER RESTRICTIONS ON OUTBOARDS 17. INCREASED USE 18. PEOPLE SHOULD BE REGULATED NOT MACHINES 19. BANK EROSION BY WAKES FROM OUTBOARD MOTORS AND JET SKI USE 20. SPEED OF WATERCRAFT AFFECTING OTHER NON- MOTORIZED USE 21 RESTRICT USE OF THE LAKE FINGERS BY MOTORCRAFT 22. CREATE SAFE ZONE ALONG LAKE SHORE 23. DISTINCTION OF JET SKI ISSUES FROM WATER SKI ISSUES 24. SCHEDULE DIFFERING USES 25. PREVENT CONFLICTS AMO UNG USERS Knowing that the above list was too broad in scope for the taskforce to address, the taskforce agreed to group these issues into a number of categories. These categories included all the issues identified at the initial meeting Island Lake Taskforce Page 7 October, 1999 Rules of the Lake The real breakthrough in the group discussions came when it was suggested that a "Rules of the Lake" concept be developed. That is, each member was to create a list of rules that they thought should be used as a guide for uses on the lake. The development of these rules set the stage for major compromising between members as each proposed rule was debated thoroughly. To get through the process we skipped through all the issues approving those that the taskforce was in agreement and saving debate on the more contentious issues for later. As an example, we all agreed that high -speed watercraft should be restricted from using the area near the shore (the area where children tend to play and swim). We moved on to other subjects that we could agree to and left for later discussion how limiting motorized watercraft would be restricted. Some of the toughest issues the group was to debate were saved for last. These included the date the lake opened for motorized use in the Spring and whether or not to allow jet ski use on the lake. This subject could be expanded to include the use of high -speed outboards for water skiers. There were many pros and cons. The "pros" side thought that we should encourage uses not restrict uses. For teenagers a number of restrictions were already in place to prohibit things they like to do (such as no skateboarding downtown). Those who wanted no jet skis, the "cons" spoke about the danger of high speed watercraft and slow moving children either swimming or canoeing on the lake. The issue of large wakes generated by the watercraft and the impact to young waterfowl unable to withstand such waves became a big issue in the end. Throughout the debate on these tough issues, it is safe to say that folks prioritized for themselves which issues were most important to them and which ones they were willing to compromise on. Each item was voted on and though unanimous decisions were the case most of the time, on the tough issues there were split votes. The group agreed to send these rules out for public comment. The taskforce felt public input was needed to be sure that we were heading in the proper course. A copy of the solicitation for comment is found in exhibit B. To try and get as many responses as possible, comments could be mailed, telephoned, or e- mailed into the borough clerks office. We received good response from folks. All forms for electronics media were used to respond to the taskforce request for public review. In general, the responses mirrored the positions stated by various members of the committee. That is an important fact. We felt that we were representing the public sentiment in our debate. The work by the taskforce to date was found to be satisfactory to the public. With input from folks, the Island Lake Taskforce met one last time to hammer out any last issues to be addressed before adjourning. That final meeting would conclude our efforts with the final version of the "Rules of the Lake" to be forward to the Borough Assembly. Island Lake Taskforce Page 9 October, 1999 Conclusion Taskforce members understand that their work is advisory to the Assembly. However, it is in dealing with the taskforce recommendations that the Assembly will determine whether or not this was a win -win arrangement. It is important for the Assembly to remember that they are dealing with a negotiated compromise forged between members of the Island Lake Taskforce. Changes in the recommendations cannot be successfully altered without altering the give and take made by taskforce members. The compromise was reached by each party giving concessions to receive concessions. As has been previously stressed, the final rules are not any party's best solution, but they are considered satisfactory by all the members involved. Any deletion, addition, or adjustment to the compromise alters the balance achieved by the taskforce and destroys what the parties were willing to agree upon. The Assembly's treatment of the taskforce recommendations will set the tone for how seriously the public considers the "Rules of the Lake. If the rules are nothing more than a sign posted by an ad -hoc group, it is questionable that the public will take them seriously. It is therefore important for the rules to be adopted by the Assembly and become Borough rules regarding conduct on the lake. The rules will be taken seriously if they are adopted by Borough ordinance or resolution and posted on a sign that includes a Borough logo like is done at other Borough Parks. Although the question of enforcement remains, the name and implied power of the Borough are most apt to exert pressure to obey the rules. Though the resolution of uses occurring on Island Lake as crafted by the Island Lake Taskforce may not be the perfect solution to changes occurring on the lake, it should be given a try. Further refinement of the rules may be needed. What has been successful and meaningful in this process is the understanding that there are other points of view, personalities, and stands on issues. All are legitimate. Somehow they must be recognized, understood, and incorporated into a community solution. Members of the taskforce came to understand the validity of this and successfully incorporated all differences into a solution. Island Lake Taskforce Page 11 October, 1999 List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D — SHORE SAFETY ZONESC Island Lake Taskforce Page 13 October, 1999 KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 4, 2007 REGULAR MEETING ITEM NO: 9.0 TITLE: Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) SUMMARY: This ordinance allows the cash and investments of the Facilities Fund to be managed and invested by an external money manager. This ordinance also allows these funds to be invested in more instruments than currently allowed. Generally, over a longer period of time, the return on investments is higher when they are invested in higher risk instruments. This ordinance would let the Borough maximize interest earnings on funds held by the Facilities Fund. This ordinance would also distribute the interest earning of the Facilities Fund based on a five - year average instead of calculating the amount to be distributed on an annual basis. This Ordinance also includes some housekeeping changes to bring this code section up to date with current practice. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: ‘-r4 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -08. Sections: 3.04.010 General treasury management. 3.04.015 Authority. 3.04.020 Permissible investments. 3.04.021 Terms defined. 3.04.023 Collateral safekeeping. 3.04.026 Diversification of investments. 3.04.027 Investment records. 3.04.030 Deposit of school money. Introduced by Manager Gifford Requested by Borough Assembly Drafted by: Finance Director Introduced: 09/20/2007 Public hearing: 10/04/2007 Adopted KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2008 -08 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE CHAPTER 3.04 PUBLIC FINANCE — MANAGEMENT AND ACCOUNTING SECTION 3.04.020 PERMISSIBLE INVESTMENTS SECTION 3.04.022 COLLATERAL REQUIREMENTS SECTION 3.04.051 FACILITIES FUND BY CHANGING THE TYPES OF INSTRUMENTS THE BOROUGH CAN INVEST IN CHANGING THE INVESTMENTS ALLOWED IN THE FACILITIES FUND, AND CHANGING DISBURSEMENTS FROM THE FACILITIES FUND FROM A PERCENT OF INTEREST EARNED TO A PERCENT OF MARKET VALUE (POMV) WHEREAS, the Borough Code pertaining to investments has become dated; and WHEREAS, the list of allowed investments could be more clearly defined; and WHEREAS, collateral is not available on all investment types, only repurchase agreements and certificates of deposit; and WHEREAS, because the principal amount of the investments held in the facilities fund is not used for daily operations, investments can be held for a longer term and can have larger swings in value; and WHEREAS, generally, over a long period of time equities (stocks) show a greater return than government securities; and WHEREAS, because of GASB 31, the value of the Borough investments change on our general ledger even though it will not change over the life of an investment; and WHEREAS, because of these changes in value, both up and down, it is better to use a percent of market value method to distribute earning of the fund than a percent of previous years' earnings; 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 3 Revenue and Finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.020 Permissible Investments is hereby amended as follows: Chapter 3.04 PUBLIC FINANCE — MANAGEMENT AND ACCOUNTING Kodiak Island Borough, Alaska Page 1 of 5 3.04.040 Basis of accounting. 3.04.050 Funds. 3.04.051 Facilities fund. 3.04.052 Education fund. 3.04.053 Fern Fuller fund. 3.04.056 Land sale fund. 3.04.056 Penalties. 3.04.057 General fixed assets. 3.04.060 Distribution of funds. 3.04.065 Review of service fees. 3.04.070 Post audit. 3.04.020 Permissible investments. The treasurer finance director shall invest money only in the following types of security instruments: A. Bonds, notes, or other obligations, direct or otherwise, of the United States Government; B. Bonds and other evidence of indebtedness of the state of Alaska, or any municipality, or political subdivision of the state of Alaska; C. Savings accounts, certificates of deposit, banker's acceptances, repurchase agreements, and such other legal security instruments; or D. The Alaska Municipal League Investment Pool, Inc. made in accordance with the terms of that Pool's "Common Investment Agreement ". Section 3: Title 3 Revenue and Finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.022 Collateral requirements is hereby deleted as follows: A. State and municipal Required for bonds and notes: 100% of Deposit 2. federally guaranteed i33UC3 100% of market 3. Other states (Baa rating or bcttcr) 120% of market B. U.S. Government obligations: 1. Dircct obligations 100% of market 2. Federal agcncy i33UCS 100% of market 3. federally guarantee insurcd. Collateral will be required to thc extent that thc investment amount excccd3 thc limits 100% of market project notc3 othcr 100% of market (Ord. 82 15 O(A) (part), 1982). Section 4: Title 3 Revenue and Finance Chapter 3.04 Public Finance— Management and Accounting Section 3.04.051 Facilities Fund is hereby amended as follows: 3.04.051 Facilities Fund. A. The facilities fund is established as a separate special revenue fund which is distinct from thc general land 3olc fund and all other funds. The fund consists of all proceeds received from the sale of Shuyak Island property to the Exxon Valdez Oil Spill Trustee Council. All income from the fund shall be deposited to the fund. The assembly may, by ordinance, make additional appropriations to the fund at any time. Any additional funds added to the fund, aside of Shuyak Island proceeds, shall become part of the fund as a whole and subject to the regulations of the facilities fund. Kodiak Island Borough, Alaska Page 2 of 5 B. : - a .: The investment purpose of the facilities fund is growth through prudent investment of fund assets. Notwithstanding the objectives of the borough policy for the investment of its operating and other funds set out in 3.04.020, the investment of the facilities fund assets shall be made to maintain safety of principal while maximizing total return. Investments shall be diversified to minimize the risk of loss resulting from a concentration of investments in a specific maturity, issuer, class of security, financial institution or, with respect to equity investments, in a specific company, industry or investment sector. Fund assets may only be invested in the instruments and securities set out in the following: 1, United States Treasury obligations including bills, notes, bonds, and other debt obligations issued by the United States Treasury, and backed by the full faith and credit of the U.S. Government. 2. Securities issued or guaranteed by agencies and instrumentalities of the U.S. Government, but not explicitly backed by the full faith and credit of the U.S. Government. 3. Securities issued or guaranteed by municipalities in the United States, rated in one of the three highest rating categories by nationally recognized statistical rating organization (NRSRO). 4. Corporate debt securities rated investment grade. 5. Asset - Backed securities rated investment grade. 6. Yankee debt (that is, U.S. dollar denominated obligations issued in the U.S. capital markets by foreign issuers) rated investment grade. 7. Mortgage- Backed Securities (MBS) and Collateralized Mortgage Obligations (CMO) comprising. a) Agency MBS investments issued by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or the Government National Mortgage Association. b) CMO investments securitized by agency MBS issued by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or the Governmental National Mortgage Association; provided that permissible CMO investments include only sequential class CMO's or type I planned amortization class CMO's. 8. Money market mutual funds regulated by the Securities and Exchange Commission which comply with rule 2(a)7 and whose underlying portfolio consists of investment grade securities; and the Alaska Municipal League Investment Pool, Inc. 9. A mutual fund, which is designed to replicate the Standard and Poor's 500 Index or an ETF (Exchange Traded Funds) with the same purpose. C. Allocation of investments. The borough may have all or part of the Facilities Fund investments managed by an external money manager. 1. By external money managers. Allowable Minimum Percentage Percentage Requirements of Issuer of portfolio UST 100% 0 - 100% Agencies 100% 0 - 100% Bonds BBB 10% 0 - 25% BA's A 2% 0 - 25% Repo's A 5% 0 - 25% CD's A 5% 0 - 10% Mutual Funds 10 - 25% AMLIP 0 - 50% CD's over $100,000 must be collateralized at 102% Mutual Funds must meet all of the above requirements. Kodiak Island Borough, Alaska Page 3 of 5 2. By finance director or designee: The finance director or designee can invest in any of the above except for mutual funds. D. The following are prohibited transactions: 1. Purchase of non - dollar securities. 2. Purchase of private placement securities. 3. Short sale of securities (the sale and settlement of a security not currently owned and a formal agreement to borrow the security to facilitate the settlement of the short sale) 4. Purchases of futures, forwards or options. 5. Borrowing to leverage the return on investments. Extended settlement of securities purchases executed to facilitate or improve the efficiency of a transaction will not be considered borrowing, provided that sufficient cash equivalent securities or receivables are available to facilitate the extended settlement. In the event a security currently held in the portfolio is downgraded below investment grade the money manager shall provide written notification to the Finance Director and set forth in writing a recommended course of action. The fund may not be appropriated or spent, except as provided in this section. The earnings or ale principal shall at no time run or supplement the running of government except as specified in this section. invc3tmcnt incomc from thc fund. Thc cxccss incomc of thc fund i3 availablc for appropriation by thc a33cmbly in thc fi3cal ycar following thc ycar in which thc incomc is carncd. Thc CXCCS3 E. Four percent of the average market value (POMV) as of Dec. 31 of the preceding five Years may be appropriated for the following purposes: 1. maintenance and repair of existing borough facilities, 2. insurance paid by the borough for borough buildings, 3. upgrade and reconstruction of existing facilities, or 4. debt service on general obligation bonds issued for facilities construction - -up to fifty (50) percent of excess may be used for this purpose. F. A portion of the fund may be appropriated for another purpose only upon approval of an ordinance ratified by a two - thirds (2/3) majority of the qualified voters at a regular or special election. G. Selection of money managers. The Finance Director mprepare an RFP to solicit proposals from different money managers to manage a portion all of the investments of the Facilities Fund. After the proposals are evaluated a recommendation will be made to the Assembly throuqh the Borough Manager. jp H. Money manaqers must meet the following minimum criteria: 1. Be a bank, insurance company, investment management company, or investment adviser as defined by the Registered Investment Advisers Act of 1940. 2. Provide historical quarterly performance numbers calculated on a time - weighted basis, based on a composite of all fully discretionary accounts of similar investments style, and reported net and gross of fees. 3. Provide detailed information on the history of the firm, key personnel, key clients, fee schedule, and support personnel. This information can be a copy of a recent Request for Proposal (RFP) completed by the money manager. 4. Clearly articulate the investment strategy that will be followed and document that the strategy has been successfully adhered to over time. Kodiak Island Borough, Alaska Page 4 of 5 Selected firms shall have no outstanding legal judgments or past judgments, which may reflect negatively upon the firm. I. Duties and responsibilities of the money manager. The duties and responsibilities of each money manager retained by the borough include the following: 1. Managing the borough assets under its care, custody and /or control in accordance with the objectives and guidelines set forth herein. 2. Exercising investment discretion (including holding cash equivalents as an alternative) within the objectives and guidelines set forth herein. 3. Promptly informing the borough through the finance director in writing regarding all significant and /or material matters and changes pertaining to the investment of Borough assets, including but not limited to: a. Investment strategy b. Portfolio structure c. Tactical approaches d. Ownership e. Organizational structure f. Financial condition g. Professional staff h. Recommendations for guideline changes i. All legal material, SEC and other regulatory agency proceedings affecting the firm. 4. Promptly voting all proxies and related actions in a manner consistent with the long- term interests and objectives of the borough set forth herein. The money manager shall keep detailed records of said voting of proxies and related actions and will comply with all regulatory obligations related thereto. 5. Utilize the same care, skill, prudence and due diligence under the circumstances then prevailing that experience, investment professionals acting in a like capacity and fully familiar with such matters would use in like activities for like borough and Endowment Funds with like aims in accordance and compliance with all applicable laws, rules and regulations from local, state, federal and international political entities as it pertains to fiduciary duties and responsibilities. 6. Acknowledge and agree in writing to their fiduciary responsibility to fully comply with all of the objectives and guidelines set forth herein, and as modified in the future. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2007 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Page 5 of 5 O O O 0 O O O O VJ c O O O O O 0 0 O m • _c O (B O m Y c c (� O (v o LL 4- (B o E .(.3 a_ c a) E � • c • LL (0 u) (U Q N c a) 7 ▪ LL To C a) O C N E U Zr) CL t rn 1 o S o LL m a) - o -0 ( E t 0 c o— Z L O • ( O O O LL m om. a) c o. o o —ca m E o a Z � 1,600,000 1,400,000 1,200,000 1,000,000 800,000 .�� 400,000 200,000 Facilities Fund Interest Allocation 85% of previous year vs. 4% of market value FY1997 FY1998 FY1999 FY2000 FY2001 FY2002 FY2003 FY2004 FY2005 FY2006 FY2007 Available with 85% of previous year Available with 4% of previous 5 years KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 4, 2007 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2008 -10 Bayview Service Area road Maintenance and Repair, Snow Removal and Sanding. SUMMARY: The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Bayview Service Area. Sealed bids were received and opened on April 27, 2007. One bid was received from TC /MK Enterprises. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided above. Bid schedule is attached. Currently, the contract is naming M.K. Enterprises, LLC as the contractor for this work, and all invoicing, etc. will be provided through this contractor. The bid was provided to the Bayview Service Area Board for review and recommendation. Engineering and Facilities Department has not received a response or recommendation from the Bayview Service Area Board to date. The Board will meet on Friday, September 28 to discuss this contract. FISCAL NOTES: Account No.: 246 228 446 110/120/125 Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2008- 06 with for time and materials based on the bid schedule for the period of July 1, 2007 to June 30, 2009. Type of Labor or Equipment 155< HP GRADER CRS- /W)6 -; 156> HP GRADER 8 -10 CY SANDER 4-900 , ; . 6- >8 -10 CY SANDER 6600 �l�'dI FRONT END LOADER 1 - 4 'h CY , Z,S` rl ZS-6'e sgo PICKUP WITH LABORER g- zSC (& ( G LOWBOY TRAILER /CAA --4 63+ HP BACKHOE (I /S:. 5 1 74 , 0 DD 90/110 ROLLER Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Description, Age, & Condition of Equipment 10 -12 CY END DUMP / DUMP WITH TILT DECK /989 (40--)d- 1 994, 6crd / 9 9 E 6 60Cr /99 C'cnd 1999 (d Z6GC Ga /Ci99 rrd /9 Gcc:c' Rental and/or Labor Rate /Hour f c 9(' . c . 7C` ` - CC Presently Owned Or Rented (circle one) OJR O/R (O )/ R O/R (0) R O/R i/ R (0)/ R R (O'/ R / Y 0/R i ric Co /R O/R F -. (It. 0/R ICE THAWING EQUIP (STEAM GENERATING) X,,/ vs. WATER TRUCK 100+ GAL 1 1-4Y 64‘1,-) / oeci ,41 /99(-6u/ci VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" — 84" 75> HP DOZER ( 55C RIP CAT 340> HP (90,000 LB) RIP CAT 340< HP A i14 < -1 5J LABOR RATE MISCELLANEOUS EQUIP Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT /995 / 9 6 c/ - �S t '1 OCR 11C- 6-3c0c zu, SANDING MATERIAL $ per Cubic Yard $ per Ton 'A" Rock Chips ,/q .K ' D-I 9. IC' (Proposer: Please attach additional pages if necessary) 75 CC O, 0/R Oa R 0/R (Q'/ R (0)/ R (O` /R O/R O/R 0/R (Of R 0/R 0/R 0/R 0/R The Proposer agrees to provide labor and /or operated equipment at a rate including the above straight hourly rates plus an incremental $ = ` " per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specifications at cost plus it percent ( %) profit, unless material is owned and generated by the Contractor. The Proposer hereby agrees to furnish the following listed road construction and repair labor and equipment as requested by the Owner and at the below listed labor and rental rates. Listed labor and rental rates shall be in effect for the following specified period: July 1, 2007 through June 30, 2009. To be a responsive bidder, proposal rates for the following equipment will be required to be included as equipment accessible for the Contractor for use in the performance of the Contract: Type of Labor or Equipment 155< HP GRADER 156> HP GRADER (hill "1 /6/L '7 () 8 -10 CY SANDER 4 7 1 960 .0 4? >8 -10 CY SANDER ,S?(v Circi Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates apply Description, Age, & Condition of Equipment 10 -12 CY END DUMP / DUMP WITH TILT DECK (- ><u5Cl Rental and/or Labor Rate /Hour 19F 6c:( -/ /55 /91/ 6 -.d /g S 6 c - q96- (1CY}d /5 Presently Owned Or Rented (circle one) (0;/ R O/R O// R O/R OYR O/R /O.1/ R O/R (O %R R FRONT END LOADER 1 1/2 - 4 '/2 CY 3 L ;u PICKUP WITH LABORER 2`: l zr 4. L;ccJ ? /q C,: c,c. ter_ -� oc LOWBOY TRAILER k- 4 63+ HP BACKHOE 5`16 4 i DD 90/110 ROLLER ICE THAWING EQUIP (STEAM GENERATING) WATER TRUCK 100+ GAL , GG//�� f�Ct (� / j () "lC�C._ G ".q � .� �' it ; � ; r ��+-/ /99(- L��)C /c3� VIBRATORY DRUM COMPACTOR (SPECIFY TYPE) 60" — 84" 75> HP DOZER RIP CAT 340> HP (90,000 LB) RIP CAT 340< HP LABOR RATE Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT MISCELLANEOUS EQUIP /999 Gyx—/ z37' cr /99(,6606/ - .5 `'` / 999 r 7()cc/ i 9c 0/R 0// R 0/R (9'/R 0/R OAR' 0/R OVR' 0/R /R 0/R (0'/ R LQ /R CO% /R 0/R 0/R 0/R (0/R 0/R MATERIAL Bid Schedule MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT Recycled Asphalt Pavement (RAP) $ per Ton 71/4 (Proposer: Please attach additional pages if necessary) The Proposer agrees to provide labor and/or operated equipment at a rate including the above straight hourly rates plus an incremental $ _ 't'. ' " per hour for work performed above eight (8) hours per day and forty (40) hours per week for work performed under this contract. The Proposer hereby agrees to furnish all materials in accordance with the project specification at cost plus C% percent (%) profit, unless material is owned and generated by the Contractor. The Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informalities. Upon receipt of written Notice of Award, the formal Agreement between Owner and Contractor will be executed within ten (10) days. (Seal, if proposal is made by a Corporation) Respectfully Submitted: By Title: /l F' Date: `'' Z 7- 7 Business Address: ,rsz 2'3_ d u r n Telephone: (s -� Alaska Contractor's License Number: Expires: _ ✓2 .✓fr:' Alaska Business License Number: Expires: / f. .' O/R O/R O/R NAME OF CONTRACTOR ADDRESS 0_i 7 "3 KODIAK ISLAND BOROUGH PROPOSAL of To the Borough Manager of the Kodiak Island Borough: 'kk FA—V EA,7) vr. .r c . L C The Undersigned proposes to furnish all labor and equipment required in the Road Maintenance and Repairs, Snow Removal and Sanding for Bayview Road Service Area located within Kodiak Island Borough, Alaska, according to the contract documents therefore and for the amount and prices named herein as indicated on the Bid Schedule herein contained which is made a part of this Proposal. The Undersigned declares the only person or parties interested in the proposal as principals are those named herein; and the proposal is made without collusion with any person, firm or corporation; that he has carefully examined the General Specifications; and that he has made a personal examination of the site of the work and that he is to furnish all labor and equipment specified in the manner and the time prescribed. The Undersigned hereby agrees to execute all documents required within 10 days or such further time as may be allowed in writing by the Borough Manager after receiving written notification of the Intent to Award, and it is hereby mutually understood and agreed that in case we do not, the said Borough Manager may proceed to award the contract to others. Written notice of Intent to Award will be mailed, or otherwise furnished, within ten (10) calendar days after opening of bids. We hereby agree to commence the work within ten (10) days after receipt of the Notice to Proceed, or such further time as may be allowed in writing by the Borough Manager and to be completed in accordance with the final completion deadline of contract expiration 30 June 2009. The Undersigned proposes to guarantee all work performed under the Drawings, Specifications, and Contract, and repair and maintain the same until the date of acceptance by the Borough Manager and one year thereafter or until the expiration of such other guarantees as may be provided by the Contract Documents. The Undersigned acknowledges receipt of the following addenda to the drawings and/or specifications (Give number and date each. If not received, write in the word "NONE "). ADDENDA DATE ISSUED ADDENDA DATE ISSUED Signature: Date: \ \Dove \Departments \EF \Service Districts \Bayview Service Area Board \Road Maintenance Contract 2007 -09 \Proposal 2007.doc Page ] of 1 OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. 2008- THIS AGREEMENT, made this day of , A.D., 2007, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and M.K. Enterprises, LLC. of Kodiak, Alaska, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to commence and provide maintenance and repairs described as follows: Road Maintenance and Repairs, Snow Removal and Sanding for Bayview Road Service Area in the Kodiak Island Borough, Kodiak, Alaska, for the amount specified in the attached Bid Schedule. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said M.K. Enterprises, LLC. has hereunto set its hand and seal, the day and year first above written. \\Dove \departments\EF\Service Districts \Bayview Service Area Board\Road Maintenance Contract 2007 -09 \Agreement 2007.doc Page 1 of 4 KODIAK ISLAND BOROUGH M.K. ENTERPRISES, LLC. By By Rick L. Gifford Borough Manager Title: By Walle W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, CMC Borough Clerk \\Dove \departments\EF\Service Districts \Bayview Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 2 of 4 The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance Insurance Specifications The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution of the Agreement. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket \\Dove \departments\EF\Service Districts \Bayview Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 3 of 4 contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired, and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law Brechan Enterprises, Inc. agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \\Dove \departments\EF\Service Districts \Bayview Service Area Board\Road Maintenance Contract 2007- 09\Agreement 2007.doc Page 4 of 4 LOCAL EMERGENCY PLANNING COMMIT REGULAR MEETING JUNE 7, 2007 MINUTES I. CALL TO ORDER The regular meeting of the LEPC was called to order at 1:30 p.m. by Duane Dvorak on June 7, 2007 in the Kodiak Island Borough Assembly Chambers. II. ROLL CALL Members Present: TC Kamai LCDR. Will Smith Darsha Spalinger Larry LeDoux LEPC Minutes: June 7, 2007 Others Present: Rick Gifford Bud Cassidy Duane Dvorak (staff support) Nova Javier (clerk) Stephen Allbee Margie Draskovich Ann Ellingson Mike Gardner Sally Magnuson Ruth -Anne O'Gorman Terry Stone Tom Trosvig Todd Emerson ECE WEB SE 1 0 SEP 1 0 2007 BOROUGH CLERK'S OFFICE III. APPROVAL OF AGENDA Duane Dvorak MOVED TO ACCEPT the agenda as presented and it CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING TC Kamai MOVED TO ACCEPT the minutes of the March 1, 2007 regular meeting as presented. The motion was seconded by LCDR Smith and CARRIED by unanimous voice vote. V. INTRODUCTIONS Todd Emerson, the clinic administrator on the Coast Guard Base introduced himself. V. INFORMATIONAL ITEMS A) Pandemic Flu Training and Exercise Update Dvorak stated we had a three day training and exercise sponsored by the Department of Health, who has partnered with City and Borough to help us train on the Pandemic Influenza threat, and we are working towards developing an annex to our Emergency Operations Plan. We have trained on continuity of government, public relations, social distancing, and several other things that are going to be reflected in the plan. Linda Freed is taking the lead on the plan development. We are projecting having a draft of the plan by early fall at the latest. Page 1 of 3 Ruth -Anne O'Gorman stated we accomplished a lot on phase II of the meeting last year. She also said we are hoping to have a drive thru clinic this fall to practice social distancing so that immunizations will be given through a car window to prevent masses of people coming in to get immunized. Dvorak stated the Coast Guard donated to the Crab Fest a number of the waterless hand washing stations: Another training issue we want to expose the public to before we have a pandemic threat imminent to the community. There will be a meeting in July, it's an ongoing process. The Department of Health is providing quite a lot of technical assistance on this. We will be developing a plan that fits our community context. Larry LeDoux said last Friday we were on KMXT. Dr. Smith, Larry Ledoux, and himself went on the radio for an hour. Linda Freed was going to manage it but she couldn't make it. At the end, they realized there were a lot that wasn't covered so they will start having additional public outreach community awareness on the radio. B) Report on LEPCA and SERC Meeting — May 24, 2007* Dvorak stated he attended the LEPC /SERC meeting on the last day of a four day conference that covered Homeland Security Grant information. The gist of the meetings is they usually talk about how much money we might expect the following year. We will probably get level funded this year which is about $17,000, and it will cover the cost for holding these quarterly meetings, advertising - the survival guide newspaper supplement every fall and we have 3 display ads about general emergency readiness and chemical release. This year the money came out of what is called the 470 Fund that has to do with community right to know legislation and is related to the regulated carriers that haul petroleum products. As a result, that money is limited to things related to hazardous materials release or oil spills so we are limited on what we can spend it on. Next year the money will be coming from the State General Fund and we won't have the restrictions and will be able to use the grant in a more relaxed fashion. Funding will remain relatively the same. C) Homeland Security Grant Program Dvorak stated the Borough, City, and other agencies including fire departments and the hospital have participated in this Homeland Security Grant. The grant covers equipment, training, and exercises. Monies are available and are granted on a statewide basis, and then the State does sub - grants. The conference he attended was attended by a combination of grant administrators and response people. The grants have to be submitted through the Borough. They are looking at these things as investments. Communities are eligible to apply for any number of things. With these federal grants comes a lot of responsibility. The grant eligibility period is open now and applications are due by July 12 , that is from us to the State. Entities applying through the Borough they would need to get their application to us 2 or 3 working days before that. The email from Michelle Huen that was a response after the conference outlining some of the changes that were made based on feedback. All of the forms can be viewed at the State's website: www.ak- prepared. com. LEPC Minutes: June 7, 2007 Page 2 of 3 TC Kamai said anyone applying (inaudible) the application will be closely scrutinized. (Inaudible) Dvorak stated we have purchased self contained breathing apparatus, testing equipment, protective clothing (hasmat), contamination tent, foldable barriers, and those types of things. One year we had $40,000 to buy radios. Purchases have to be justified under the State's strategy and how the community would use it. Once we have the equipment it is OK to use it on a day to day basis like for training and for response or for a terrorist situation. Dvorak also said he has a couple of items that aren't on the agenda he would like to talk about. The Hazard Mitigation Grant, FEMA program, we have the Phase I Plan in place which made us eligible for FEMA funding for Hazard Mitigation projects. The highest rated project has been the middle school seismic upgrades retrofit. We have just received notification that we are being awarded $900,000 for that project that has a 25% match. It is a $1.2 million project. As far as Phase II, Ken Geottell, the contractor, was here in April to meet with the City people. The City is probably the most complicated element of the plan because they have the most infrastructure, the most population and the most risk or vulnerability. Geottell will have the final plan for us by early fall. Each community in the Borough will have to adopt a resolution adopting this plan. We will make people aware of it in September. Dvorak also introduced Bud Cassidy, the new Community Development Department Director. VI. PRESENTATION There were no presentations. VII. COMMUNICATIONS A) The Guardian Newsletter (prepared by AZ SERC and distributed by AK Div. of Homeland Security.) Dvorak stated the State Division of Homeland Security sends us the Gatekeeper newsletter that contains a lot of Homeland Security related information and information on hazardous material shipments and that sort of thing. We can send this out electronically to anyone interested. B) Next LEPCA/SERC Meetings — September 19 and 20, 2007 Dvorak said he doesn't know who will be representing LEPC. It will be either Bud Cassidy or himself. The next LEPC meeting is scheduled for September 6, 2007 VII. ADJOURNMENT The meeting was adjourned at 2:00 p.m. DATE APPROVED: September 6, 2007 LEPC Minutes: June 7, 2007 LOCAL EMERGENCY PLANNING COMMITTEE Linda Freed, Chair Page 3 of 3 Board Members Present Not Present Excused ARNDT, Scott ✓ DAVIDSON, Cliff ✓ ✓ DOLPH, Mike ✓ NELSON, Rebecca ✓ SPALINGER, Greg ✓ Fire Protection Area 1 Board Regular Meeting Minutes August 21, 2007 I. Call to order Chair Dolph called to order the Regular Meeting of the FPA1 at 8:32 p.m. on August 21, 2007 at Bayside Fire Hall. II. Roll call Kepley conducted a roll call. The following persons were present: Jessica Kepley, Secretary was also present. Doug Mathers and Dick Carstens were also in attendance. III. Approval of Agenda It was MOVED, SPALINGER and seconded to approve the meeting agenda. Motion CARRIED. IV. Acknowledge Receipt of Financial Report It was MOVED, SPALINGER and seconded to acknowledge receipt of the financial report. Motion CARRIED. V. Approval of Minutes It was MOVED, SPALINGER and seconded to approve the meeting minutes of June 19, July 17, and August 7 as presented. Motion CARRIED. VI. Reports Chair Report: Chair reported he has attended multiple meetings with the Borough Manager re the EMS Issues: • 7/26 — Attended the MB Assy. Work Session, testifying on the issues of the proposed ordinance. • 8/2 — Attended the MB Assy. Meeting, testifying during public comments on the I reading of Ordinance 2008 -05. • 8/14 — Attended the MB Assy. Work Session , gave presentation on the aspects of "First Responder" vs. "Full EMS" with reference to Ordinance 2008-05. • 8/16 — Attended MB Assy. Meeting to testify re Ordinance 2008 -05. • Ordinance 2008 -05 was amended to specify "First Responder" and passed the second reading as amended. Also spoke to the Board re the Voter Education Pamphlet for the October 2n Election. Provided a copy .of the "Draft" tri -fold pamphlet that will be handed out to residents of both Fire Protection Area No. 1 and Womens Bay Service Area, by the local volunteer fire fighters. There are approximately 4,700 voting residents in the two areas; hoping to pass the brochure to each voting family in order to provide necessary education for the election on October 2. Kepley reported there would be no status report from the Projects Office for the Bayside Addition, as the project manager did not have the time to respond to the request for a status update; hoping to have an update at the next work session or meeting. Chief's Report: Report was deferred to ARNDT and D. Mathers as CHIEF was not present due to illness. ARNDT and Mathers gave reports on the Inspection Trip of the two new apparatus. ARNDT felt the trip was a worthwhile endeavor. There were a few small changes and a couple of major changes that were made at the factory. Trip was informative. Mathers enjoyed the tour of the plant; felt it was very impressive. ARNDT reported the two apparatus should presently be in Oregon where they would be loaded with equipment and then shipped up to Kodiak. VII. New Business a) Cossette House Removal Date Extension Contractor for the house removal has requested a one month extension in order for Brown's Movers to come to Kodiak and move the house from the current location. It was questioned whether there would be consequences should the Contractor ask for any additional extensions. Language would be added to the contract by the E/F Director in hopes to deter additional extension requests. It was MOVED, ARNDT and seconded to grant a 30 day extension to TC Enterprises for the removal of the Cossette house, from September 30 to (NLT) October 31, 2007. Motion CARRIED. b) Temporary Housing for Fire Apparatus Rob Greene attended the meeting to speak with the Board about the offer to provide a metal Quonset hut for the storage of the fire vehicles. Provided pictures and information to the board to assist with the decision. ARNDT suggested speaking with Bruce McNeil to see what the charge would be for the Board to house one of the apparatus in his shop. Board felt there would better benefits in looking into this option than that of purchasing a Quonset hut that would require additional heating sources, foundations and the probability of no resale options. Benefits for storing the vehicle at McNeil's are: keyed access, volunteer availability to check on vehicle daily and service if needed, heated/insulated area for storage, and the vehicle will be housed in an area that is not easily accessible in the winter months, if there should be a fire in the area the vehicle is already there. Direction was to postpone this agenda item until the next regular meeting; advertisement for need of a storage facility may have to go out to the public prior to negotiations with McNeil. Chair will check with Manager. c) Public Education for October Ballot CHAIR presented the educational brochure (re EMS First Responders Service) to the Board for review and approval. The brochure is designed to be a factual tool of information for the voting residents of the two fire districts (FPA1 & WB) with no SUBMITTED BY: sway to vote one way or the other, and should not require APOC review. It was directed that the brochure be handed out door to door by the volunteer firefighters during training evenings prior to the elections. Board members agreed that the pamphlets would not be left at houses, on vehicles, or in mail boxes where people were not home; and the pamphlet would not go out as a mailer. CHAIR would provide a copy of the brochure to the Borough Clerk for review of accuracy. VIII. Visitor Comments D. Mathers: Asked the Board to ensure that what happened to the Womens Bay fire engine did not happen to Bayside's fire engine. Their engine was kept outside and is now unusable. Bayside still has good usability in the engine and would like to see it kept that way. D. Carstens: Agreed with Mathers, the engine is still in good condition for use. IX. Board Member Comments S. Arndt. None M.Dolph. None. R. Nelson. None. G. Spalinger. None. X. Adjournment Chair Dolph adjourned the meeting at 8:55 p.m. Kepls', Secretary Engineering / Facilities Department APPROVED BY: Mike Dolph, Chair Fire Protection Area No. 1 Board Date: glid i Date: 1 CALL TO ORDER REGULAR MEETING MINUTES D KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION AUGUST 15 2047 ECE WE SEP 2 0 2007 BOROUGH CLERK'S OFFICE The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by CHAIR KING on August 15,2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present David King X Bud Cassidy, Director Gary Carver X Community Development Dept. Brent Watkins X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Casey Janz X Gary Juenger X Vacant A quorum was established. COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONERS JANZ and KERSCH. The motion was SECONDED by COMMISSIONER CARVER, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS John Miller stated there is 1 '/2 weeks to get comments in. He submitted his comments to Dvorak. The maps are important because those maps will have to use them for zoning issues, and he feels we need to make sure they are right. Miller also thanked staff for all their work. PUBLIC HEARINGS A. Case 08 -003. Request a Variance, according to KIBC 17.66, to allow an existing cabin to encroach 15 feet into the required 25 foot front yard setback and a variance, according to KIBC 17.66, to allow an existing cabin to encroach 6 feet into the required 25 foot side yard setback, as August 15, 2007 P & Z Commission Meeting Minutes Page 1 of 6 required for structural developments located in the C- Conservation zoning district (KIBC 17.13.) The location is T26S R25W, TL 101, Viekoda Bay, and it is zoned C- Conservation. Cassidy reported this is a case where the builder of the cabin didn't orient himself with the property and built within the front and side yard setbacks. This occurred on 14 acres of land. The encroachment is 15 feet into the 25 foot front yard setback and 6 feet into the required 25 foot side yard setback. Staff has reviewed this and compared the evidence of what is required to grant a variance — the 6 conditions, and staff is recommending not to grant the variance. COMMISSIONER CARVER MOVED TO GRANT a variance, according to KIBC 17.66, to allow an existing cabin to encroach 15 feet into the required 25 foot front yard setback and a variance, according to KIBC 17.66, to allow an existing cabin to encroach 6 feet into the required 25 foot side yard setback, as required for structural developments located in the C- Conservation zoning district (KIBC 17.13) ; and to adopt the findings in the staff report dated July 30, 2007 as "Findings of Fact" for this case. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: The commission had a discussion regarding the encroachment, setbacks, and corner markers. Cassidy stated the applicant can file an appeal or move the cabin to the proper coordinates of the property. He hasn't seen the property so he couldn't say about the markers. He also said there was a vacation of public access easement that the Assembly approved. Any aggrieved party may file an appeal also. COMMISSIONERS WATKINS and KING stated they have both been out there and that is pretty much the only place to build. CARVER asked Cassidy which findings of fact were not met. Cassidy said No. 1 — staff felt that with 14 acres there were potentially other places to locate this cabin, and No.5 — staffs take is the applicant did cause the need for special conditions by not orienting himself on the property correctly, and has caused the need for the variance. WATKINS stated the applicant is not the one who built the cabin. CARVER asked if the applicant indicated in any way that with the purchase of the property or construction of this cabin that there was not another suitable site on the 14 acres to build. Cassidy stated there is no indication in the file that that conversation was had with the applicant. Six public hearing notices were sent out with no responses. 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. This lot is characteristic and typical of similarly located properties within the C - Conservation Zoning District. August 15, 2007 P & Z Commission Meeting Minutes Page 2 of 6 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 practical difficulty of the property owners having to pursue considerable effort in complying with applicable zoning district development standards. 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 properties in the vicinity, nor be detrimental to the public safety and welfare since Tract B is located in a remote area of the borough with no immediately adjacent small -lot neighbors. 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 C — Conservation, and the existing use is a permitted use in the district. 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. Actions of the applicant did cause special conditions or financial hardship from which relief is being sought. Inattention to the requirements of Title 17- Zoning of the Kodiak Island Borough Code precipitated the current circumstances. 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 FAILED 3 -1. B) Case 08 -006. Request a Rezone, according to KIBC 17.72, to allow a change of zoning from C- Conservation to RNC -Rural Neighborhood Commercial for a 15.9 acre portion of U.S. Survey 4964 which corresponds to Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011. The location is U.S.S. 4964 Kalsin Bay, 32233 Pasagshak Hwy, and it is zoned C- Conservation. Cassidy stated this is a request to rezone 15.9 acres of land at the intersection of Chiniak Road and the Pasagshak Road from Conservation to Rural Neighborhood Commercial. It will allow lot subdivision to be reduced from 5 acre minimum to 2 acre minimum. This is a rural area and the owner has tried a number of activities in the location. There is a long history of commercial activity. This location is the next stop for Pasagshak and seems to be a good location for a venture such as Rural Neighborhood Commercial. Staff recommends approval of this rezone request of 5.9 acres. COMMISSIONER WATKINS MOVED TO GRANT recommend that the Kodiak Island Borough Assembly approve the rezoning of Lots 3 and 4, Northland Ranch Subdivision as depicted in the approved preliminary plat for Case S06 -011, from C- Conservation to August 15, 2007 P & Z Commission Meeting Minutes Page 3 of 6 RNC -Rural Neighborhood Commercial, and to adopt the "Findings of Fact" in the staff report dated July 31, 2007 in support of this recommendation. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Bob Brodie, the agent for Mr. Stratman spoke in support of this request. John Miller stated the request is consistent with the Comp Plan and is encompassed in the Chiniak Plan. Public hearing closed: Regular session opened: A brief discussion. 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 rezone is justified because of the growing need to provide services to the increase in traffic of those who recreate in the Chiniak/Pasagshak area. The paving of the major roads will increase the amount of recreational driving that will travel the major roads in the area. Traffic will increase to a greater degree when private lands along the Chiniak road are subdivided and sold. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RNC -Rural Neighborhood Commercial District is consistent with the proposed 2007 Comprehensive Plan. Though not adopted, there is little guidance provided for this area. There is the infrastructure to sustain such development. The question was called, and it CARRIED 4 -0. C) Case 08 -005. Request a Conditional Use Permit, according to KIBC 17.67, to allow a communication site with a 100 foot monopole tower, an accessory equipment cabinet and an electrical meter base. The location is U.S.S. 4964 Kalsin Bay, and it is zoned C- Conservation. Cassidy stated the agent for the applicant is present and has come to withdraw this case. COMMISSIONER JUENGER MOVED TO GRANT a conditional use permit, in accordance with KIBC 17.67, allowing a communication site with a 100 foot monopole tower, an accessory equipment cabinet and an electrical meter base, subject to the one (1) stipulation attached to the staff report dated August 1, 2007, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: August 15, 2007 P & Z Commission Meeting Minutes Page 4 of 6 Charles Forbes, the agent for the applicant stated they wish to withdraw the Conditional Use Permit request due technical problems with not being able to get a good microwave signal out there so they won't be able to build the tower at this time. Public hearing closed: Regular session opened: The question was called, and it FAILED 4 -0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter of Courtesy & Advisory to St. Innocent's Academy from Bud Cassidy dated July 20, 2007 B) Notice of Trespass, Illegal Use of Right -of -Way to St. Innocent's Academy from Bud Cassidy dated July 20, 2007 Cassidy stated these are a couple of letters to St. Innocent's Academy for the stockpiling of items in the right of way. They have contacted the department and they are now in the process of cleaning up the site. COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS A) Meeting schedule: • September 5, 2007 special work session at 7:30 p.m. in the Assembly Chambers • September 12, 2007 work session at 7:30 p.m. in the KIB Conference Room • September 19, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers B) Minutes of Other Meeting: • May 22, 2007 Parks & Recreation Committee Meeting Minutes • July 10, 2007 Parks & Recreation Committee Meeting Minutes • July 2, 2007 Gravel Task Force Meeting Minutes Cassidy stated the special work session has to do with the Comp Plan. You can also go to the website to see the draft plan that has all the maps inserted into the right places. The map that John Miller did has been reviewed by staff and it has been sent to the consultant with some comments on it. Cassidy also stated he appreciates the time Mr. Miller has spent on it. He's done a thorough review of the Chiniak area. August 15, 2007 P & Z Commission Meeting Minutes Page 5 of 6 COMMISSIONER WATKINS MOVED TO ACCEPT reports as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments COMMISSIONERS' COMMENTS WATKINS stated it's too bad we lost the cell tower out there. CARVER stated he echo's WATKINS comment and hopes they look at other sites. JUENGER stated it's fortunate Dr. Carver could make it tonight, and he noted the Gravel Task Force has good news about finding gravel. ADJOURNMENT COMMISSIONER CARVER MOVED TO ADJOURN. COMMISSIONER WATKINS SECONDED the motion. CHAIR FRIEND ADJOURNED the regular meeting at 8:12 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: September 19, 2007 August 15, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Q Dave King, Chair P & Z Commission Meeting Minutes Page 6 of 6 SERVICE AREA NO. 1 BOARD REGULAR MEETING MINUTES April 16, 2007 @ 7:00 P.M. KFRC Conference Room CALL TO ORDER: CHAIR E. MAHONEY, called the meeting to order at 7:00 p.m. ROLL CALL: Present: Absent: Sharon Lea Adinolfi Peggy Tuttle Kevin Arndt Scott Arndt Charlie Lorenson Ed Mahoney Greg Spalinger A quorum was established. Adinolfi and S. Arndt arrived at approximately 7:20 p.m.; they were attending a mandatory ARB meeting at the time of roll call. ACCEPTANCE OF AGENDA: T E 1� Q V E f � l SEP 1 0 2007 BOROUGH CLERK'S OFFICE Staff: Jessica Kepley, E/F It was MOVED, SPALINGER, and SECONDED, K. ARNDT to approve the Agenda as presented. The motion CARRIED unanimously. ACKNOWLEDGE RECEIPT OF FINANCIAL REPORT: It was MOVED, SPALINGER, and SECONDED, LORENSON to acknowledge receipt of the Financial Report. The motion CARRIED unanimously. APPROVAL OF MINUTES: It was MOVED, SPALINGER, and SECONDED, LORENSON to approve the minutes as presented for February 28 and March 21, 2007. The motion CARRIED unanimously. PUBLIC COMMENTS: None. CHAIR REPORT: CHAIR reported John Parker called again regarding a reoccurring issue on his driveway culvert. This time the culvert will be replaced correctly as it should have been the first time. SPALINGER questioned the Service Area Board's responsibility to reconfigure a residents' driveway. CHAIR told the Board he would be talking to Louis (Rocheleau — \\Dove \departments\EF\Service Districts \Service Area No. 1 Board\Agendas and Minutes \Service District Minutes \Service District Minutes 2007 \Minutes 16 Apr 07.doc Page 1 of 5 Brechan Enterprises) and will tell him this needs to be repaired at Brechan's expense. Apparently there are a few other properties in the service area that are also having culvert problems. Board members discussed culvert/water problems on Sunset Drive and Shahafka Circle, which would need to be addressed soon. MAHONEY spoke to the Board re a number of issues he presented to the Borough Manager, Rick Gifford. He was told by Gifford that the Assembly would reply back re the proposed Coho Way Access. The Assembly instructed Gifford to address the surplus property on Ocean Drive, which may be disposed of through a Borough land sale, in order to realign the road to meet the needs of the residents. OLD BUSINESS: A. Road Maintenance Bid Packet The Board felt there were no additions or deletions needed on the currently advertised bid packet for snow removal and road maintenance. B. Selief Lane Resurfacing It was MOVED, LORENSON and SECONDED, SPALINGER to forward the tabled motion to the next regular meeting, when all members could provide their input. The motion CARRIED unanimously. C. Letter re ROW Parking Issues KEPLEY presented the Board with a letter from the Engineering and Facilities office, addressing the ROW parking issues that have occurred. Copies of the letter will be made and provided to the CHAIR to issue to property owners with ROWs amongst their properties. D. Service Area #1 Road and Maintenance Taxes Board listened and reviewed the recording of the Legislative meeting held re House Bill #185 presented on cd by the CHAIR. At this meeting the Fairbanks Borough attorney voiced her opinion of the tax exemption in their service areas. CHAIR stated that if it was determined the properties in question (SA #1) were wrongfully made exempt from taxation, monies may be returned to Service Area 1. CHAIR reported that Gifford would attempt to get the Borough Attorney's opinion on the Board's current service area -wide taxation issue. MAHONEY predicted if all the proper taxes were received for the Service Area, there may be as much as $51,000 added to the budget per year; LORENSON stated receipt of these monies may lead to a possible reduction of the mil rate in the future. Further discussion will be held at the next regular meeting in order to include those members that are presently absent. E. Service Area #1 Citizens Paving Advisory Group MAHONEY attended a Borough Assembly Work Session to present the proposal of creating a Citizens Paving Advisory Group (Board) for the Service Area. The Assembly \\Dove\departments\EF\Service Districts \Service Area No. 1 Board\Agendas and Minutes \Service District Minutes \Service District Minutes 2007\Minutes 16 Apr 07.doc 1'age2of5 agreed to provide one Assembly member and Karl Short (Finance Director) to assist the advisory group. This group will start out brainstorming for ideas on paving of the entire Service Area. S. ARNDT suggested that one discussion item for this new group would be on the Borough taking over road powers on all Borough owned roads, this would address issues not only with Service Area #1 but also for Womens Bay Service Area and others. MAHONEY stated the Service Area #1 Board should help the Assembly, as the Board has a responsibility to the residents of SA #1. K. ARNDT suggested the Board start putting options that could be accomplished, "don't leave anything out ". SPALINGER told the Board, when this advisory group starts and things are starting to be accomplished, they don't want to end up with another road issue like that on Island Lake Road. S. ARNDT asked that the Board consider starting this process with neighborhood meetings to inform the residents of SA #1 of the intended advisory group. (Rest of this comment was inaudible.) NEW BUSINESS: A. Calcium Chloride It was MOVED, S. ARNDT and SECONDED, LORENSON to authorize KEPLEY to receive quotes from vendors for the purchase of 40,000 lbs of calcium chloride to apply to the service area's roads (applying the cost to the next fiscal year's budget). The motion CARRIED unanimously. Re the next application of calcium chloride, S. ARNDT said, since the roads are still frozen, it would be wiser to wait until the first part of May. He also reported that some areas are in need of D -1 prior to the application of the calcium chloride. (Inaudible.) Discussion was held on the amount of calcium chloride needed to cover all the roads within the Service Area. KEPT .EY was told to proceed with the gathering of quotes. B. Training for Staff Secretary — Memo to the Board KEPLEY presented the Board with a memo re financial support from the SA #1 Board to assist in funding her trip to Tacoma for a week long training seminar addressing Parliamentary Procedures, Open Meeting's Act, minute taking, and other policies and requirements of those who provide staff support to various boards. Taking this training was suggested by Nova Javier, Borough Clerk. The memo presented relayed Javier's intention to bring all boards up to the same operating level. It was MOVED, LORENSON and SECONDED, K. ARNDT to approve sending J. KEPLEY to training in Tacoma, splitting the cost with Fire Protection Area #1 in an amount not to exceed $600. Discussion was held; board members felt this obligation was not the Service Area Board's, but that of the Borough, to fund the education of staff. Vote was taken and the motion FAILED, 4 to 2. C. Lee Russell Preliminary Plat \ \Dove \departments\EF\Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2007 \Minutes 16 Apr 07.doc Page 3 of 5 S. ARNDT reported that he attended the last Planning and Zoning meeting where this plat was presented; P &Z refused the variance request, the subdivision is under review. Board made no action; it was determined the time for Service Area action was past the due date, thus the subject was dismissed by the Board. D. Culvert Issues Board viewed pictures presented by the CHAIR, showing the various culvert issues within the Borough. Some culverts pictured were covered, others were too small, some were not properly buried, and still others had been altered by the property owners. Board discussed requirements as stated per the language on the driveway permit through the Borough. S. ARNDT is in favor of suggesting to the Borough that they adopt a minimum requirement of 30' culverts with driveway surfaces being a minimum of 24'. However, cul de sacs would be different as the 30' culverts will not work, being too large for the area permitted. Further discussion was held. E. Otmeloi Maintenance through Service Area #1 It was reported, at the Legislative Reception the State told the Borough officials that the Borough should consider taking over the Otmeloi paving project. The Borough is trying to get a cost estimate of the project. State funding may not be enough to finish the project; Borough is looking to find other avenues for funding. The Borough will have to accept responsibility of the road before they will be granted any of the money. A potential conflict is that not all of Otmeloi Road is within the Service Area #1 boundaries. The Borough Assembly would like to know if the Service Area #1 Board is interested in taking over Otmeloi. K. ARNDT felt as far as maintenance of the road, the Board would be interested in accepting the road. MAHONEY questioned how the Borough could accept the road in its entirety if a third of the road is not covered by a service area. The possibility of annexing the part of the road not covered by a service area to include it within the Service Area #1 boundaries. PUBLIC COMMENTS None. BOARD MEMBER COMMENTS SL. ADNIOLFI. None. S. ARNDT. Asked that the board move forward on the Selief Lane Resurfacing project at the next meeting. He would like to organize neighborhood meetings to alert the residents of the intentions of the Board. Information, such as cost estimates, will be needed; possibly a cost estimate could be obtained from Brechan Enterprises. \\Dove\departments \EF\Service Districts \Service Area No. 1 Board \Agendas and Minutes\Service District Minutes \Service District Minutes 2007 \Minutes 16 Apr 07.doc Page 4 of 5 K. ARNDT. Alerted the Board that the Coast Guard contractor, KSS, is in the midst of purchasing a new infrared machine to assist with the patching of potholes. They will possibly allow other contractors to rent the equipment. The machine allows for seamless repair of the potholes. C. LORENSON. Feels the CHAIR is doing a good job, likes his thoroughness. E. MAHONEY. None. P. TUTTLE. Absent. G. SPALINGER. None. MEETING SCHEDULE: Regular Meeting: May 8, 2007 at 7:00 p.m. to be held at Bayside Fire Hall. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:30 p.m. SUBMITTED BY: %' Jes ►i . 4ep f+• ecretary It Engineering / Facilities Department Date: APPROVED BY: ervice Area N 10- ahoney, Chai Date: \\Dove \departments \EF\Service Districts \Service Area No. 1 Board\Agendas and Minutes \Service District Minutes \Service District Minutes 2007 \Minutes 16 Apr 07.doc Page 5 of 5 Kodiak Island Borough Assembly Regular Meeting Guidelines October 4, 2007, 7:30 p.m., Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 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. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. Mayor Selby will read aloud the items on the consent agenda. Please ask an Assembly member to remove the contract from consent agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Please announce that comments for the Island Lake Ordinance are going to be heard under Public Hearing. 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 A. Ordinance No. FY2008 -06 Rezoning 15.9 Acres (Proposed Lots 3 &4 Stratman Subdivision, U.S. Survey 4964) From C- Conservation Zoning District To RNC- Rural Neighborhood Commercial District (P &Z Case 08 -006.) Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 1 Recommended motion: Move to adopt Ordinance No. FY2008 -06. Staff Report — Manager Gifford. Open public hearing. 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. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2008 -07 Prohibiting the Use of High Speed Watercraft on Designated Lakes. Recommended motion: Move to adopt Ordinance No. FY2008 -07. Clerk's Note: Attached on is the substituted version of the ordinance and other comments received. Staff Report — Manager Gifford. Recommended motion: Move to amend Ordinance No. FY2008 -07 by substitution. Open public hearing. 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. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED. C. Ordinance No. FY2008 -08 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - Management and Accounting Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest in Changing the Investments Allowed in the Facilities Fund, and Changing Disbursements from the Facilities Fund from a Percent of Interest Earned to a Percent of Market Value (POMV.) Recommended motion: Move to adopt Ordinance No. FY2008 -08. Staff Report — Manager Gifford. Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 2 Open public hearing. 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. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. CONTRACTS 1. *Contract No. FY2008 -10 Bayview Service Area Road Maintenance and Repair, Snow Removal and Sanding. Recommended motion: Move to authorize the manager to execute Contract No. FY2008 -10 with TC /MK Enterprises for time and materials based on the bid schedule for the period of July 1, 2007 to June 30, 2009. Staff Report — Manager Gifford (may be deferred to Assembly member Oswalt.) Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. RESOLUTIONS — None. C. ORDINANCES FOR INTRODUCTION — None. D. OTHER ITEMS. Mayor Selby will recess the regular meeting and convene the Board of Adjustment. Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 3 An Appeal of the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) (Appellant: Richard Key). Clerks note: Six (6) appeal notices were mailed, one (1) was returned and is attached on yellow paper. Please announce: The assembly shall decide the appeal u•on the appeal record and the BOARD OF ADJUSTMENT written and oral ar• um Per Borough Code: At the hearing before the assembly, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. The order of oral argument is as follows: 1. Borough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes - (Richard Key) 3. Private person supporting the appeal: 10 minutes 4. Private person opposing the appeal: 10 minutes 5. Appellant, for rebuttal: 10 minutes - (Richard Key) Clarification - Rebuttal may be limited to new evidence and testimony brought forward during private person comments. Per Borough Code: Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. PLEASE ASK THOSE SPEAKING TO SIGN AND PRINT THEIR NAME ON THE SIGN -IN SHEET. It is recommended that questions for the testifiers not be asked during their testimony. If you need further clarification on their testimony, please ask the Mayor to call the person back to the podium during your debate. Mayor please announce: THE FOLLOWING PERSONS MAY PRESENT ORAL ARGUMENT ON THE APPEAL: Persons who have submitted written argument on the appeal — Thomas Schantz. Testified before the commission — None. Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 4 Submitted written comments to the commission — None. Read phone numbers: Local: 486 -3231 Toll free: 1- 800 - 478 -5736 Assembly discussion. The Assembly may convene into executive session for deliberation as a quasi - judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings -of -fact. If an executive session is desired: Recommended motion: Move to convene into executive session for deliberation as a quasi-judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION (After the vote, Mayor Selby invites the manager and clerk's office staff to join you in executive session and recesses the Board of Adjustment.) (Upon returning from the executive session, Mayor Selby reconvenes the Board of Adjustment.) DISCUSSION ON FINDINGS OF FACT - The findings of fact will be based on this discussion -- please give staff clear direction on the findings of fact. Per KIBC 16.90.090 Decision. A. The assembly shall either affirm or reverse the decision of the commission in whole or in part. If the assembly fails to approve the reversal of the commission's decision, that decision is affirmed. Recommended motion: Move to Affirm - IN WHOLE OR IN PART OR Recommended motion: Move to Reverse - IN WHOLE OR IN PART the Planning and Zoning Commission's Decision on Case No. 08 -003 A Variance in Accordance with KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13) (Appellant: Richard Key). Clerks note: If the Assembly fails to affirm, a motion to reverse is in order. If the Assembly fails to reverse, the decision is affirmed. ROLL CALL VOTE ON MOTION Recommended motion: Move to postpone the Findings -of -Fact of the Bcard of Adjustment on the Planning and Zoning Commission's Decision on Case No. 003 A Variance, According to KIBC 17.66, to Allow an Existing Cabin to Encroach 15 Feet Into the Required 25 Foot Front Yard Setback and a Variance According to KIBC 17.66, to Allow an Existing Cabin to Encroach 6 Feet Into the Required 25 Foot Side Yard Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 5 Setback, as Required for Structural Developments Located in the C- Conservation Zoning District (KIBC 17.13)(Appellant: Richard Key) to the next regular Assembly meeting. ROLL CALL VOTE ON MOTION Mayor Selby reconvenes the regular meeting. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 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. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The next regular work session of the Assembly is scheduled on Thursday, October 11, 2007 at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, October 18, 2007 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines October 4, 2007 Page 6 B Y: Second: di thrC/ By: SJ Second: t \.t''' Ck6 41 o. By: V `� Second: cV U -.\\ , By: t Second: 5C 'Ye- AAV . By: t\\\\:,. Second: ' A ' SQ\ V ‘-'t Y N Y N Y N Y N N Mr. Abell / ✓ Mr. Abell Mr. Abell / Mr. Abell Mr. Abell / Y i/ Ms. Branson / Ms. Branson Ms. Branson V Ms. Branson V Ms. Branson '' l/ Mr. Friend / Mr. Friend Mr. Friend / Mr. Friend 4 Mr. Friend V Ms. Jeffrey / Ms. Jeffrey Ms. Jeffrey / Ms. Jeffrey Ms. Jeffrey `J Ms. Lynch V Ms. Lynch Ms. Lynch V Ms. Lynch Ms. Lynch V Mr. Oswalt '✓ Mr. Oswalt Mr. Oswalt / Mr. Oswalt Mr. Oswalt v Ms. Williams / Ms. Williams Ms. Williams / Ms. Williams Ms. Williams V TOTAL TOTAL TOTAL 7 0 TOTAL TOTAL 1 0 Regular Convened ( Mayor Selby) Special N: \CL\ASSY\ROLL CALL SHEETS.wpd KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET (In case of a tie) (In case o a tle ) (I Case of a 'T. -N Mayor Selby Mayor Selby Mayor Selby DOES ANYONE WISH TO CHANGE THEIR VOTE? Date o `t L o? Adjourned Mayor Selby al CI) a Mr. Abell Ms. Branson puau,I •ThT Ms. Jeffrey u ouk j 'SLAT tl1msO 'ALAI Ms. Williams TOTAL f ' 'ALAI Ms. Branson Mr. Friend Ms. Jeffrey uouX1 'SLAT Mr. Oswalt Ms. Williams TOTAL 4. "d _, 0 `ma c) t i t- cS> -' - "c . - PY 0 8c Bogy . .JAI Ms. Branson Mr. Friend icazgla f 'SW uoUX-I sy\ Mr. Oswalt Ms. Williams TOTAL u .--- t , U ,, 0 ,0 . 4 CI IIagy Ms. Branson Mr. Friend Xa.zllaf SLR uoukI 'SLAT Mr. Oswalt Ms. Williams TOTAL l �J � 0 � II Mr. Abell II Ms. Branson Mr. Friend L MS. Jeffrey uoukI •sNN 0 Mr. Oswalt J' I II Ms. Williams TOTAL 0 1--1 7 0 0 0 U cio 0 U a s o ti cl Cz/ W 0 w C7 z y � • • 0 Ey 0 cn 0x s cf) 0 0 1) C v) 0 N • o • CCS 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET b o 0 M � N W CD Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Mr. Oswalt Ms. Williams TOTAL "C 0 U r4 C/1 Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uoukij Mr. Oswalt STIVTJTTM 'SW TOTAL o 0 y Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uou 'j 'SL\I Mr. Oswalt Ms. Williams TOTAL ca-' cO 1 M 0 W CI) Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey uoukj Mr. Oswalt Ms. Williams �� I TOTAL ".--;:., vi j ,..---> now '11A1 II II Ms. Branson II Mr. Friend 0 Ms. Jeffrey f uou�i I 'sJAI II Mr. Oswalt II Ms. Williams W TOTAL O Q @ N 0 0