2007-10-11 Work SessionKodiak Island Borough
Assembly Work Session
Thursday, October 11, 2007, 7:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda
packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed
when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal
Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of
the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting.
CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
ITEMS FOR DISCUSSION
1. Parks and Recreation /Planning and Zoning Commission Update
2. Role of Architectural Review Board — Definition of Responsibilities
3. Island Lake Ordinance
PACKET REVIEW (Items listed with asterisks ( *) are proposed for consent agenda.)
Contracts
*Contract No. FY2008 -13 Providing of Shot Rock Cover at the Kodiak Island Borough Landfill.
Contract No. FY2008 -14 Household Hazardous Waste Building Project.
Contract No. FY2008 -15 Seawater Pump Replacement Project.
Resolutions
Resolution No. FY2008 -10 Ratifying and Certifying the Results of the Municipal Election held
October 2, 2007.
Ordinances for Introduction
Ordinance No. FY2008 -09 Amending Kodiak Island Borough Code of Ordinances Title 2
Administration and Personnel, Chapter 2.17 Rules of the Assembly, Section 2.17.020 General
Rules to Allow Attendance and Participation at Meetings by Members of the Assembly by
Teleconference.
Other Items
Oath of Office to Newly- Elected Officials.
Presentation to Outgoing Assembly Member.
Board of Adjustment's Adoption of Findings of Fact - 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) Applicant: Richard Key.
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
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KODIAK ISLAND BOROUGH
WORK SESSION MEETING
Work Session Meeting of: d // 7
JuwAik
Sections:
2.45.010 Established.
2.45.020 Terms of office.
2.45.030 Qualifications.
2.45.040 Responsibilities.
2.45.050 Organization.
Chapter 2.45
ARCHITECTURAL /ENGINEERING REVIEW BOARD
2.45.010 -- 2.45.040
2.45.010 Established. There is established the architectural /engineering review board, which shall
consist of seven (7) voting members, to be appointed by the mayor. The board shall be subject to
the provisions of chapter 2.39 of this title. (Ord. FY2006 -04 §2 (part), 2005; Ord. 2002 -15 §2
(part), 2002; Ord. 99 -09 §2 (part), 1999; Ord. 98 -02 §8 (part), 1998; Ord. 96 -16 §2 (part), 1996;
Ord. 95 -03 §2 (part), 1995; Ord. 93 -61 §2(part), 1993; Ord. 87 -33 -0 §2(part), 1987).
2.45.020 Terms of office. Appointed members of the board shall serve a term of three (3) years.
The membership of the board, other than borough officials, and their terms of office shall continue
as they existed on October 15, 1987. (Ord. 87 -33 -0 §2(part), 1987).
2.45.030 Qualifications. Six (6) members of the board shall be residents and qualified voters of
the borough and shall have an interest and a wide range of experience in engineering, architecture,
building, plumbing, roofing, electrical installation, and other related fields involving the building
business. One (1) member of the board shall be a member of the assembly, appointed by the
mayor. The manager, school district superintendent, or their designees, and school board
representative shall be nonvoting ex officio members of the board and may participate in all
discussions. (Ord. 98 -02 §8 (part), 1998; Ord. 95 -03 §2(part), 1995; Ord. 87 -33 -0 §2(part), 1987).
2.45.040 Responsibilities. The board is empowered to:
A. Review all architectural and engineering proposals and design drawings for borough owned
buildings and public funded projects, evaluate and propose improvements to specifications and
drawings, and evaluate the list of proposed architects and forward a recommendation. A plan
review schedule shall be established with the architect, which takes into consideration the limited
building season available in Kodiak;
B. Evaluate all comments, suggestions, and recommendations from the building
administration on proposals for borough and other public funded buildings and forward written
comments to the assembly;
C. Hold a public meeting before presenting the final recommendation to the assembly; and
D. Forward final recommendations to the assembly.
E. Receive notice of all change orders that are executed on building projects. The board shall
review all changes to borough -owned buildings and public funded projects for the purpose of
possible inclusion in future building projects.
2 -53
(KIB 06/07)
Supp. #49
2.45.040 -- 2.45.050
F. Evaluate completed projects, prior to the one (1) year warranty inspection, on the basis of
quality of workmanship, cost of project relative to its original budget, and performance of the
architect and the general contractor to prepare a written report for presentation to the assembly.
(Ord. 97 -20 §2; Ord. 95 -03 §2(part), 1995; Ord. 87 -33 -0 §2(part), 1987).
2.45.050 Organization. The board shall designate its chair and vice -chair at the first meeting of
the calendar year and shall hold at least one (1) meeting quarterly unless projects demand more
frequent meetings. (Ord. 87 -33 -0 §2(part), 1987).
2 -54
(KIB 06/07)
Supp. #49
SUBSTITUTED VERSION
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
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:
1. Motorized watercraft may be operated between the hours of 12:00 Noon and 7:00 PM on
Tuesdays, Thursdays and Saturdays;
Motorized watercraft may not be used within 100 feet of the Lakeshore or in the arms of the
l_�.__ except c.... transiting, creating _ wake, the center _f the i_i.__; and
lakes C1Ll1C�.Jl 101 LIdllJlllllly, WILIIOUL l:1CdtiiiLy. d WdI\C, 'co O LIIC L.:CIILCI of LIIC Idl\C5, dlIU
Only one watercraft creating a wake may be operated on a lake at one time.
8.35.020 Exemptions. The provisions of section 8.35.015 shall not apply to the use of vessels
responding to an emergency.
Kodiak Island Borough
Ordinance No. FY2008 -07
Page 2 of 3
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
PROPOSED AMENDMENTS BY CHRIS LYNCH
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:
1, Motorized watercraft may be operated between the hours of 10
a.m. to 9 p.m.on Tuocdays, Thurcdayc and Saturday& on even numbered days;
Motorized watercraft may not be used within 100 feet of the Lakeshore or in the arms of the
lakes except for transiting, without creating a wake, to the center of the lakes; and
Only one watercraft creating a wake may be operated on a lake at one time.
The Rules of the Lake shall be posted and /or installed and should include enforcement officer's
contact number.
The Rules of the Lake shall be deferred to Parks and Recreation Committee for annual review.
Kodiak Island Borough Ordinance No. FY2008 -07
Page 2 of 3