2009-02-26 Work SessionKodiak Island Borough
Assembly Work Session
Thursday, February 26, 2009, 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)
AGENDA ITEMS:
1. Alaska Aerospace Development Corporation Update — Dale Nash
2. Planning and Zoning Commission Update
a. Alaska Coastal Management Program
b. P &ZC Resolution 2009 -02
3. Parks and Recreation Committee Update
PACKET REVIEW
PUBLIC HEARING
Ordinance No. FY2009 -15 Rezoning Lots 20, 21, and 22 Of U.S. Survey 3098 From B-
Business To PL- Public Use Lands.
Ordinance No. FY2009 -16 Amending Kodiak Island Borough Code of Ordinances by Renaming
Title 12 Streets and Sidewalks to Title 12 Naming Buildings, Public Facilities, Streets and
Sidewalks and Creating Chapter 12.15 Buildings, Other Fixed Facilities and Public Places.
Ordinance No. FY2009 -17 Amending the Kodiak Island Borough Code of Ordinances Title 2
Administration and Personnel by Adding Chapter 2.150 Fisheries and Oceanic Research Board
and Amending Chapter 2.100 Boards, Committees, and Commissions Section 2.100.010 Board,
Committee, and Commission Members Subject to This Chapter.
Ordinance No. FY2009 -18 Rezoning Tract A, U.S. Survey 4964 From C- Conservation To
RR2- Rural Residential Two.
CONTRACTS
RESOLUTIONS
Resolution No. FY2009 -21 Supporting the Legislative Amendments Proposed In HB -74 And
SB -4 to Restore Certain Checks and Balances to the Alaska Coastal Management Program
(ACMP) That Favor the Meaningful Participation of Local Communities and Coastal Districts in
the Project Review Process
*Resolution No. FY2009 -22 Supporting Senior Citizens of Kodiak, Inc. Sprinkler System
Replacement Project.
ORDINANCES FOR INTRODUCTION
OTHER ITEMS
APPEAL TO THE ASSEMBLY
An Appeal of the Planning and Zoning Commission's Decision to Affirm the Community
Development Department Director's Decision Approving an Abbreviated Plat to Re- Subdivide
Lots 12B -1 And 13C -1, Block 1, Miller Point Alaska Subdivision, 2 Addition Creating Lots 12C,
12D, And 13D, Block 1, Miller Point Alaska Subdivision, 2 Addition. The Locations are 4296
and 4304 Cliffside Road and the Zoning is R2 -Two Family Residential (Case 09 -007). The
Appellants are Solveig Christenson and Randy Schick.
*Declaring a Seat Vacant on the Architectural /Engineering Review Board.
Continued on next page....
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
1
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY2009 -21
Introduced by:
Requested by:
Drafted by:
Introduced on:
Adopted on:
Rick Gifford,
Manager
Assembly
Community
Development Dept.
03/05/2009
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
SUPPORTING THE LEGISLATIVE AMENDMENTS PROPOSED IN HB -74 AND SB -4
TO RESTORE CERTAIN CHECKS AND BALANCES TO THE ALASKA COASTAL
MANAGEMENT PROGRAM (ACMP) THAT FAVOR THE MEANINGFUL PARTICIPATION OF
LOCAL COMMUNITIES AND COASTAL DISTRICTS IN THE PROJECT REVIEW PROCESS
WHEREAS, the Alaska Coastal Management Act of 1977 created a sixteen member Alaska
Coastal Policy Council (CPC) comprised of seven State - agency heads and nine local elected
officials whom the governor appointed from a list of names submitted by local officials in each of
nine coastal regions defined in the Act; and
WHEREAS, the CPC, with support of the former Division of Governmental Coordination in the
Alaska Governor's Office, was responsible for approving coastal district policies, approving
coastal district management plans and hearing appeals from decisions on coastal development
projects; and
WHEREAS, the CPC was omitted from the legislative revision of the Alaska Coastal
Management Program in 2003 and the statutory and regulatory changes required the Kodiak
Island Borough to rewrite its coastal management plan and enforceable policies; and
WHEREAS, the resulting KIB Coastal Management Plan cannot have enforceable policies
addressing a resource or subject matter that is regulated by another state or federal agency,
leaving very little for the Borough to comment on as project comments are likewise restricted to
only those matters for which the KIB has enforceable policies; and
WHEREAS, the Kodiak Island Borough does not regulate environmental factors such as air,
water and habitat; however, it would still benefit the KIB to have meaningful and reasonable
coastal policies addressing these and other areas of concern as a basis for inter - agency
coordination with those state and federal agencies which exercise these authorities; and
NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that the Kodiak Island Borough, concurrently acting as the Kodiak Island Coastal
District in this matter, supports the legislative changes proposed in HB -74 and SB -4, which would
restore a Coastal Policy Board (CPB), in lieu of the former CPC, which would provide a more
streamlined planning and policy review process than the former CPC and which would provide
balance and intellectual independence from the centralized policy, planning and permitting
program administered by the Division of Coastal Ocean Management (DCOM) within the Alaska
Department of Natural Resources (ADNR); and
Kodiak Island Borough Resolution No. FY2009 -21
Page 1 of 2
51 BE IT FURTHER RESOLVED that the proposed legislation would: 1) create a CPB consisting of
52 five public members appointed by the governor including one at -large and one member from
53 each of four coastal district regions which are Northwest, Southeast, Upper Cook Inlet and
54 Southwest; and, four commissioners from the departments of environmental conservation, fish
55 and game, natural resources and commerce, community and economic development, which
56 would be responsible for approving coastal grant allocations, coastal district policies, and
57 approving coastal district plans; 2) would restore the ability of coastal districts to adopt
58 meaningful plan policies even if they involve technical environmental issues or resources
59 regulated solely by a state or federal agency as a basis for local dialogue during project reviews
60 and coordination with those same state and federal agencies which are responsible for
61 regulating said environmental factors and resources; and 3) would restore subsistence use of
62 animal and vegetative resources as a use of state concern in the coastal zone; and
63
64 BE IT FURTHER RESOLVED that these bills would promote economic development by bringing
65 local, state, and federal agencies closer together to ensure early resolution of issues related to a
66 development project. Although the Kodiak Coastal District still has a "seat at the table" with state
67 and federal agencies, the currently approved plan policies do not allow any overlap with the
68 regulations or jurisdiction of said agencies, leave very little for the Kodiak Coastal District to
69 comment on because comments can only flow from the districts adopted policies, thereby
70 discouraging local input into the project review process and the minimizing the agency
71 coordination which is intended to be the hallmark of the coastal project review process.
72
73 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
74 THIS DAY OF 2009
75
76 KODIAK ISLAND BOROUGH
77
78
79
80 Jerome M. Selby, Borough Mayor
81
82 ATTEST:
83
84
85
86 Nova M. Javier, CMC, Borough Clerk
87
Kodiak Island Borough Resolution No. FY2009 -21
Page 2of2
Dave King, Chair
L
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
RESOLUTION 2009 -02
A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING
COMMISSION, RECOMMENDING THE HIRING OF A CONSULTING FIRM TO UPDATE
TITLE 16 - SUBDIVISIONS AND TITLE 17 — ZONING OF THE KODIAK ISLAND
BOROUGH CODE
WHEREAS, there is a clear need to update the Borough code as it relates to subdivision and
zoning of private and public lands within the boundaries of the Kodiak Island Borough; and
WHEREAS, the fact that the code has not been updated, in a comprehensive manner, in a long
time has created problems in rendering decisions by the commission, decisions that have been
appealed to the assembly, and
WHEREAS, the commission is dedicated in spending the time necessary to perform this effort;
and
WHEREAS, the commission believes that CDD staff is busy attending to the day to day
functions of the department; and
WHEREAS, a private consulting firm, one solely involved with this important measure, will
have the skill to keep the commission on task, will provide the legal review necessary making
the code compatible with recent case law, and will complete this effort in a timely manner;
NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and
Zoning Commission hereby recommends that the Assembly fund the hiring of a consultant to aid
the commission and the community in addressing and updating the Boroughs subdivision and
zoning ordinances,
ADOPTED, THIS 21ST DAY OF JANUARY 2009, BY
THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
Attest:
{ODI4.K ISLA BOROUGH
i; i,:9;. OFFICE
ci es _ED BO:
MANAGER_ OTHER.
Sheila Smith, Secretary
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KODIAK ISLAND BOROUGH
ASSEMBLY WORK SESSION
Work Session of: v-; /AP( Dq
Please PRINT your name
Please PRINT your name
Kodiak Island Borough
Assembly Work Session
Thursday, February 26, 2009, 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)
AGENDA ITEMS:
1. Alaska Aerospace Development Corporation Update — Dale Nash
2. Planning and Zoning Commission Update
a. Alaska Coastal Management Program
b. P &ZC Resolution 2009 -02
3. Parks and Recreation Committee Update
PACKET REVIEW
PUBLIC HEARING
Ordinance No. FY2009 -15 Rezoning Lots 20, 21, and 22 Of U.S. Survey 3098 From B-
Business To PL- Public Use Lands.
Ordinance No. FY2009 -16 Amending Kodiak Island Borough Code of Ordinances by Renaming
Title 12 Streets and Sidewalks to Title 12 Naming Buildings, Public Facilities, Streets and
Sidewalks and Creating Chapter 12.15 Buildings, Other Fixed Facilities and Public Places.
Ordinance No. FY2009 -17 Amending the Kodiak Island Borough Code of Ordinances Title 2
Administration and Personnel by Adding Chapter 2.150 Fisheries and Oceanic Research Board
and Amending Chapter 2.100 Boards, Committees, and Commissions Section 2.100.010 Board,
Committee, and Commission Members Subject to This Chapter.
Ordinance No. FY2009 -18 Rezoning Tract A, U.S. Survey 4964 From C- Conservation To
RR2- Rural Residential Two.
CONTRACTS
RESOLUTIONS
Resolution No. FY2009 -21 Supporting the Legislative Amendments Proposed In HB -74 And
SB -4 to Restore Certain Checks and Balances to the Alaska Coastal Management Program
(ACMP) That Favor the Meaningful Participation of Local Communities and Coastal Districts in
the Project Review Process
*Resolution No. FY2009 -22 Supporting Senior Citizens of Kodiak, Inc. Sprinkler System
Replacement Project.
ORDINANCES FOR INTRODUCTION
OTHER ITEMS
APPEAL TO THE ASSEMBLY
An Appeal of the Planning and Zoning Commission's Decision to Affirm the Community
Development Department Director's Decision Approving an Abbreviated Plat to Re- Subdivide
Lots 12B -1 And 13C -1, Block 1, Miller Point Alaska Subdivision, 2 Addition Creating Lots 12C,
12D, And 13D, Block 1, Miller Point Alaska Subdivision, 2n Addition. The Locations are 4296
and 4304 Cliffside Road and the Zoning is R2 -Two Family Residential (Case 09 -007). The
Appellants are Solveig Christenson and Randy Schick.
*Declaring a Seat Vacant on the Architectural /Engineering Review Board.
Continued on next page...
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
ON LEAVE:
Branson -
3/12 -3/19 Nat'l Conf. on Aging (May change)
3/18 -19 — Alaska Transportation Task Force