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2008-07-17 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, July 17, 2008, 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. 5APPROVAL OF MINUTES \ A. * Regular Meeting of June 5, 2008. (1)01. 6. AWARDS AND PRESENTATIONS A Proclamafn s 7. CITIZENS' COMMENTS (Limited to Three Minutes, per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PU LIC HEARING rdinance No FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07- 001. ) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. tions Resolution No. FY2009 -01 Approving Fiscal Year 2009 Kodiak Island Borough Non - Profit Funding. Resolution No. FY2009 -02 Urging Federal Funding of Observer Coverage in the Gulf of Alaska. Resolution No. FY2009 -03 Approving Fisca Year 2009 Support to the Kodiak Island Bed and Breakfast Association. ��. to ;, 4 (Mg 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 C. Ordinances for Introduction 1. Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. 2. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P &Z Case 08 -023.) 3. Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. D. Other Items 1. Declaring a Seat on the Service Area No 1 Board Vacant. 2. Declaring a Seat on the Womens Bay Service Area Board Vacant. 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. Parks and Recreation Committee Regular Meetings of March 11, 2008 and March 25, 2008. 2. Planning and Zoning Commission Special Meeting in Larsen Bay of May 9, 2008 and Regular Meeting of May 21, 2008. 3. Service Area No. 1 Board Meeting of March 19, 2008. B. Reports 1. Kodiak Island Borough June 2008 Financial Report. 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 KODIAK ISLAND BOROUGH Assembly Regular Meeting June 5, 2008 A regular meeting of the Kodiak Island Borough Assembly was held June 5, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of May 1, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the week of June 8 through 14, 2008 as Filipino American Heritage Week urging all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. CITIZENS' COMMENTS Jan Pennington, Kodiak Island Convention and Visitors Bureau (KICVB) President, spoke of the organization's preliminary audit, and procedural and staff changes of the organization. She noted that KICVB was looking toward continued development of tourism on Kodiak to ensure its vital role on the Kodiak economy. Trevor Brown, Chamber of Commerce Economic Development Specialist, thanked the Assembly for sponsoring the North Pacific Fisheries Management Council (NPFMC) reception. He noted the reception showed great support for the fisheries industry in Kodiak. COMMITTEE REPORTS Assembly member Stutes reported on the Providence Kodiak Island Mental Health Center Board (PKIMHC) meeting. PUBLIC HEARING A. Ordinance No. FY2009 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2008 and Ending on the Thirtieth Day of June 2009 (Fiscal Year 2009 Budget.) JEFFREY moved to adopt Ordinance No. FY2009 -01. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 1 The ordinance was for fiscal year 2009 and included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. The ordinance would also levy taxes on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. Manager Gifford noted there were changes to the ordinance and a substituted version was provided to the Assembly. BRANSON moved to amend Ordinance No. FY2009 -01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Manager Gifford explained that the borough and school district finance staff met and agreed on amounts between direct appropriation and in -kind service funds in order to meet the FY2009 budget cap. Assembly members were glad that funds had been capped and provided to the school district without a borough tax increase. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. B. Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for Elective Office from the State of Alaska Public Official Financial Disclosure Law (AS 39.50), Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007 Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50 Amendments, and Follow Municipal Conflict of Interest Laws. FRIEND moved to adopt Ordinance No. FY2008 -20. Many of the disclosure provisions, based on the amendments to Alaska Statutes 39.50 effective in 2008 as well as the 2008 Financial Disclosure Statement form, impose extensive record keeping requirements, are intrusive, have become unduly burdensome, and may require financial disclosures regarding dependent and non - dependent children and other parties of municipal officers and candidates for elective office. By adopting the ordinance, a question would be added to the October ballot, whether to exempt municipal officers from the disclosure law per AS 39.50 and instead, municipal officers would annually fill out a KIB financial disclosure statement which is similar to the form used prior to the AS 39.50 amendments. A draft copy of this form was provided to the Assembly. Should the proposition be approved by the voters in October 2008, KIB code sections pertaining to conflict of interest would be amended to include enforcement issues about financial disclosure, similar to what was adopted by the City of Kodiak. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 2 Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Assembly member Lynch explained to the public that the amended Alaska Statutes financial disclosure laws have become very intrusive to any municipal officials that hold employment contracts with the public and was concerned that this information would be publicized on the internet. She stressed that the passing of the ordinance was not an attempt to hide information from the public. Assembly members agreed the new amendments could hinder new applicants. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford reported: • During Senator Lisa Murkowski's visit to Kodiak a tour of the community was provided, including the Kodiak Fish Tech and Fisheries Research Centers and the proposed ADF &G building site on Near Island. The need for an island -wide transportation study was discussed with the Senator. • Updates from EF on bond projects: Construction had begun on various school seismic projects, and on the Community Health Clinic building and parking projects. The Anton Larsen Bay Boat Ramp project was ahead of schedule. KFRC received its annual inspection by GSA, who was pleased with improvements that had been made to the building. Their report would follow soon. • The Borough received a copy of courtesy correspondence from Attorney Matt Peterson to Borough Attorney Matt Jamin regarding a lawsuit filed on June 4. Although not officially served, Attorney Jamin advised that he would be unable to represent the Borough because he would be called as a witness to the case. The Borough is pursuing alternate options for legal representation. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby spoke on the following: • Revenue Sharing adopted by the Legislature in 2008 was of benefit to the FY09 budget. • North Pacific Fisheries Management Council (NPFMC) members would be in town and willing to speak with the public regarding the fisheries economy in Kodiak. Over 80% of Kodiak's economy is based on the fishing industry. Mayor Selby thanked Assembly member Jeffrey and Trevor Brown for their participation with NPFMC. UNFINISHED BUSINESS - None NEW BUSINESS Contracts A. Contract No. FY2008 -35 Between the Kodiak Island Borough and Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services For FY2009. BRANSON moved to authorize the manager to execute Contract No. FY2008 -35 with Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY 2009 in the amount not to exceed $55,000. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 3 The Kodiak Island Convention and Visitors Bureau (KICVB) has provided destination marketing and tourism development for the Kodiak Island Borough for several years. Funding support from the Borough and the City of Kodiak has been used to support the KICVB. The Borough's bed tax revenue funds the KICVB. The contract would renew this relationship for the 2009 fiscal year. An agreement document spelling out the duties to be accomplished for the specified period was provided. Assembly discussion ensued regarding KICVB's auditing information. The organization provides benefits for the community through its support of tourism and economic development. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE. Jeffrey, Lynch, Oswalt, Abell, Branson, and Friend (ayes); Stutes (no). B. Contract No. FY2008 -36 Between the Kodiak Island Borough and the Kodiak Chamber of Commerce For Economic Planning and Project Development within the Kodiak Island Borough For FY2009. JEFFREY moved to authorize the manager to execute Contract No. FY2008 -36 with Kodiak Chamber of Commerce of Kodiak, Alaska in the amount not to exceed $43,000 for FY2009. The Kodiak Island Borough has participated in a community -based economic development program operated by the Kodiak Chamber of Commerce for many years. Funding support from the Borough and the City of Kodiak has been used to establish an economic development specialist position at the Chamber. The position ensures that the Kodiak Island Borough is provided with economic development expertise and support. The position is responsible for meeting planning and reporting requirements established by the Federal Economic Development Administration and for supporting the Kodiak Comprehensive Economic Development Strategy (CEDS) Committee. The contract would renew this relationship for the 2009 fiscal year. An agreement document outlining the duties to be accomplished for the specified period was provided. Assembly members voiced support for the organization which benefits Kodiak's economic development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. Resolutions 1. Resolution No. FY2008 -37 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. Approved under consent agenda. 2. Resolution No. FY2008 -38 Authorizing a Renewed Short-Term Lease and Material Sales Agreement with Brechan Enterprises for Tracts B1 -, B2, B3, and B4 -A, Bells Flats, Alaska Subdivision. JEFFREY moved to adopt Resolution No. FY2008 -38. The Kodiak Island Borough and Brechan Enterprises entered into a material site agreement for gravel extraction on the "B" tracts located in Womens Bay. The material found at the site was a valuable source of aggregate for the concrete and asphalt produced on the island. The value of the material and its limited supply were identified by the Kodiak Island Gravel Taskforce who investigated, sampled, and tested other aggregate at alternative sites on the road system and Kodiak Island Borough Assembly Minutes June 5, 2008 Page 4 determined the material on the "B" tracts provided the best quality material that was readily available. To proceed with negotiations for a Tong -term lease, KIBC 18.20.130 required an appraisal of the property and, since that appraisal had only recently been received, it was not possible to give the Assembly a lease and material sales contract for a long -term lease, which would comply with Resolution FY2007 -39 prior to the expiration of the short term lease. Therefore, staff recommended granting Brechan Enterprises a one year extension to the existing lease to expire on June 30, 2009. During this time period staff and Brechan Enterprises would finalize a long term lease and material sales agreement and bring forth a long -term lease to the Assembly for approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. 3. Resolution No. FY2008 -39 Refunding Contributions From Organizations and Individuals for Construction of a BMX Track. Work on this Project has Ceased. A corrected copy of Resolution No. FY2008 -39 was provided. OSWALT moved to adopt Resolution No. FY2008 -39. The Borough received $94,666.77 in contributions for a new BMX track from several different organizations over the years, and $45,391 of the funds were still available for the project. Inasmuch as work has ceased on the BMX track, remaining funds would be disbursed in accordance with the schedule reflected in the resolution. The Assembly discussed the reasons for the projects cessation. Consensus was to keep the account open in order to allow future development on the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. Mayor Selby thanked Bill Hinkle for origination and support of the project and thanked volunteers for their support and time on the project. He stated that grant funds for future development of the project are being investigated by Borough staff. 4. *Resolution No. FY2008 -40 Accepting the Pre - disaster Mitigation Grant From the Division of Homeland Security and Emergency Management for the KIB Non - Structural Seismic Bracing Project in the Amount of $75,490 and Authorizing the Manager to Enter into a Grant Agreement to Administer the Funds. Approved under consent agenda. 5. *Resolution No. FY2008 -41 Accepting a Pre - disaster Mitigation Grant from Division of Homeland Security and Emergency Management for the Seismic Upgrade for Critical Mechanical, Electrical and Plumbing Equipment for Kodiak Schools Project in the Amount of $132,249 and Authorizing the Manager to Enter into a Grant Agreement to Administer the Funds. Approved under consent agenda. Ordinances for Introduction 1. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 5 BRANSON moved to adopt Ordinance No. FY2008 -21 in first reading to advance to public hearing on June 19, 2008. The ordinance was requested and sponsored by Assembly member Branson. KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by Resolution. The ordinance would clarify the process when individual actions of municipal officials are being challenged or the possibility of individual liability is presented and outside counsel is needed. The ordinance would require that the request for payment be made through the governing body of the Assembly before hiring another attorney. Assembly discussion ensued. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Oswalt, and Stutes. 2. *Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 to Budget for Several Grants. Approved under consent agenda. Other Items 1. Resignation of Parks and Recreation Committee Member. FRIEND moved to accept, with regret, the resignation of Cassandra Juenger from the Parks and Recreation Committee for a term to expire December 31, 2008 and direct the Borough Clerk to advertise the vacancy per Borough Code. A letter of resignation from Ms. Juenger was received by the Clerk's office requesting the Assembly to accept her resignation from the Parks and Recreation Committee. Ms. Juenger served on the Committee since 2006. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. 2. Mayoral Appointment of an Alternate Member to the Cook Inlet Regional Citizens Advisory Council. JEFFREY moved to confirm the mayoral appointment of Woody Koning to a three -year alternate seat to expire January 2011 to the Cook Inlet Regional Citizens Advisory Council. Ms. Elizabeth Chilton, the Kodiak Borough representative for the Cook Inlet Regional Citizen Advisory Council, requested that Mr. Woody Koning be appointed to the alternate seat on the Cook Inlet Regional Citizens Advisory Council. The appointment was for a three -year term to expire January 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. 3. Resignation of Solid Waste Advisory Board Members. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 6 JEFFREY moved to accept, with regret, the resignations of Bill Hinkle from the Solid Waste Advisory Board for a term to expire December 31, 2010 and Dan Rohrer from the Solid Waste Advisory Board for a term to expire December 31, 2009 and direct the Borough Clerk to advertise the vacancies per Borough Code. Mr. Hinkle and Mr. Rohrer submitted resignation letters to the Clerk's office requesting the Assembly to accept their resignation from the Solid Waste Advisory Board. Mr. Hinkle and Mr. Rohrer both served on the board since its formation in 2007. Mr. Rohrer held the Retail Business Representative seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson, and Friend. CITIZENS' COMMENTS Stephen Taufen spoke on crab rationalization affecting the community and urged the Assembly to support the crew member resolution. ASSEMBLY MEMBER COMMENTS Assembly member Stutes was happy to have participated in the meeting. Assembly member Friend had no comments. Assembly member Abell commended donators of the BMX track project: SKA, CHARR, Elks Club, Lions Club, Nielsen Cycling Association, and the City of Kodiak. Assembly member Branson encouraged local non- profit organizations to submit their PFD check off applications before June 14; this would allow Alaskans to donate to non - profit organizations of their choice. She was glad school funding (education) was able to be funded to the cap as it is an investment to the future of the community. She looked forward to Filipino week. Assembly member Branson spoke of an existing opportunity for Assembly members to resolve legal issues by presenting a revised resolution to the Assembly for the lawsuit payment. Assembly member Jeffrey congratulated the Kodiak Chamber of Commerce for a pleasant Crab Festival. She spoke of visitors coming to Kodiak to enjoy the surrounding beaches and kayaking activities. She encouraged public participation at the NPFMC meetings to let people know that the fisheries industry is important to the continuation of healthy coastal communities. Assembly member Oswalt asked Manager Gifford for a status report on Lot 7A. He would like to see the property become available to the public for subdividing due to the current lack of available properties on the market. He spoke of a bear in his driveway. Bears are active during this time due to the lack of fish at this time of year. Assembly member Lynch requested that at the next work session the Clerk review with the Assembly the procedures for requesting information and the number of members it requires for such requests. She spoke of the State program "Gravel to Black ", which allows for gravel roads to receive pavement, and the lack of maintenance on State roads around the community. She noted that the expected life time of asphalt paving is 10 -15 years; Kodiak is currently getting 2 -3 years out of the paved roads. She encouraged the community to stay involved and consider the state of Kodiak's roads and the benefits they would like to see from the upcoming State bond issue for road paving projects. Assembly member Lynch noted the recent Assembly litigation activity and hoped the public heard and stayed involved with the process. As an elected official she urged the public to come forward and encouraged recalls if the public felt it was necessary. Kodiak Island Borough Assembly Minutes June 5, 2008 Page 7 Announcements Mayor Selby announced the Assembly will meet in a work session on Thursday, June 12, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, June 19, 2008 at 7:30 p.m. in the Assembly Chambers. EXECUTIVE SESSION A. Borough Clerk's Performance Evaluation. BRANSON moved to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. Mayor Selby invited the Assembly members and Clerk to join in executive session. Mayor Selby recessed the regular meeting at 8:47 p.m. and convened the executive session. Mayor Selby reconvened the regular meeting. BRANSON moved to place the annual review of Borough Clerk Nova Javier in her record and to increase the Clerk's salary to Range 23, Step K. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. The meeting adjourned at 9:15 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes June 5, 2008 Page 8 TITLE: Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P&Z Case 07 -001) SUMMARY: The Planning and Zoning Commission and the Borough Assembly have previously approved the disposal of this Borough land to the adjacent landowner. This rezone case simply changes the zoning of the parcel and will be zoned into the same district as the zoning of the landowners parcel. That is, the portion of KIB land that is being disposed to this private party will be rezoned from PL- Public Use Lands to RR1- Rural Residential One. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: 4 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 17, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -02. ITEM NO: 9.A Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us MEMORANDUM DATE: June 5, 2008 TO: Rick Gifford, Borough Manager From: Bud Cassidy, Director, Community Development Department jP Subj: Item for the June 19, 2008 regular Assembly Meeting RE: Ordinance FY2009-02. Transmittal of Rezone Case 08-025, Rezone of a portion of Lot 1A -3, U.S. Survey 3465 from PL- Public Use Lands to RR1 — Rural Residential One in preparation of a land disposal from the Kodiak Island Borough to Robert and Eariene Berg. The Planning and Zoning Commission and the Borough Assembly have previously approved the disposal of this approximately 7,000 square feet of Borough land to the adjacent landowner. This rezone case simply changes the zoning of the parcel as it is incorporated into the landowners parcel. A land survey (plat) to consummate this borough land into the landowners parcel has been approved by the commission and is pending final administrative review and recording. Final closing of this land transaction will result with a quitclaim deed issued by the Borough to the Bergs. This rezoning puts everything in place in preparation of a closing. The attached packet includes meeting materials and a recommendation by the Kodiak Island Borough Planning and Zoning Commission (P &Z) and is hereby transmitted for consideration by the Kodiak Island Borough Assembly, as provided for in KIBC 17.72.055. The Planning and Zoning Commission at their meeting on May 21, 2008 moved to forward the request, recommending approval, to the Borough Assembly. The Commission found the request to be generally consistent with the objective of the Kodiak Island Borough Comprehensive plan. Attachments: Agenda Statement; Draft Ordinance; Staff Memorandum & Packet; Draft meeting minutes. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -02 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Director Cassidy Introduced: 06/19/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A PORTION OF LOT 1A -3, U.S. SURVEY 3465 FROM PL — PUBLIC USE LANDS TO RR1 - RURAL RESIDENTIAL ONE ZONING DISTRICT. (P82 CASE 07 -001) WHEREAS, the petitioner of this rezone request has indicated a desire to purchase Borough land and the Planning and Zoning Commission and Borough Assembly have agreed to sell a portion of borough land adjacent to the petitioner's residence; and WHEREAS, the purchase of KIB real property requires the petitioner to, among other things, have the parcel of Borough land rezoned to the same zoning district as the petitioner's master parcel; and WHEREAS, the P &Z Commission held a public hearing on May 21, 2008 to rezone approximately 7,000 square feet of KIB real property from PL- Public Use Lands to RR1- Rural Residential One zoning district; and WHEREAS, the Commission found that the rezone request to be generally consistent with the Kodiak Island Borough Comprehensive Plan; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone approximately 7,000 square feet of Lot 1A -3, U.S. Survey 3465 from PL- Public Use Lands to RR1- Rural Residential One Zoning District. 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 a portion of Lot 1A -3, U.S. Survey 3465 which will be rezoned from PL — Public Use Lands to RR1 - Rural Residential One. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. Kodiak Island Borough Ordinance No. FY2009 -02 Page 1 of 2 The rezone is needed and justified because the owner is entitled to consistent application of the building setback requirements. 17.72.020 B. Findinqs as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. A rezone from PL- Public Use Lands to RR1 -Rural Residential One Zoning district is consistent with the 2008 Kodiak Island Borough Comprehensive Plan. Section 4: The rezone of the said property is subject to the following effective clauses: 1. The rezone become effective upon the recordation of the companion plat legally describing the land; and 2. The rezone becomes effective upon the final closing of this land disposal and the issuance of a quitclaim deed from the Borough to the petitioner. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2009 -02 Page 2 of 2 Public Hearing Item VI -C P &Z Regular Meeting, May 21, 2008 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 Applicant Information fc,.t, Itv .-e_ -4 .sz;. if) ev - k - 4y Property owner's name 4c)C 3Sct Property owner's mailing address [(O L . 4-L gg1.1 City State Wit, e t L n LUfq Home phone Agent's name (If applicable) Agent's mailing address City Zip Work Phone E -mail Addr. State Zip Home phone Work Phone E -mail Addr. Property Information -L( 5o( 002 Property ID Number /s C04" f - 3 U55 � � Legal Description Current Zoning: 1} (� -` P v Vc- e. Applicable Comprehensive Plan: '2.e0- ( 651, Year of Plan adoption: 'D0 Present Use of Property: 1/4 4-t-k Proposed Use of Property: (k Zw Vt. o vVL. f ON-N4 (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. Additional Narrative /History As -bulit Survey Photographs Maps Other 314f V -.�� Property Owner's Sig�nature 1 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, ©1993 by Rutgers University) Date Authorized Agent's Signature Date Code Section(s) Involved: Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17 67 Other (appearance reqgpsts, si Zoning change fro t" v===o Application received by: Staff signature STAFF USE ONLY n i FIr- iH r:4-6 a-cy ( . 1 i &; 68 18.t4M 6800124#0 ZCN1Nt: 0.B) $250.00 R A l i7 review, etc.) $150.003• (KIBC 17.72.E �a s � $b f o oph Kodiak AK 9'%I (907) 485-933'24 PAYMENT VERIFICATION ''' Zoning .t:iuuIt e, Fe Sciac�iuic (per KIi r%sseinl . Rem; E fr.:iu E. 20 05) Less than 1.75 arr s ) .76 to 5.t)0 acres .0% t 4i:x.O i ir•er . is .g e s +s . ti "E ?di: c3?)-c): Current Location P & Z Case # 08 -025 Berg, Erlene & Robert Request: A Rezone, according to KIBC 17.72.030 C. of a portion of United States Survey 3465 Lot 1A-3 from PL- Public Use Land to RR1 -Rural Residential One Legend USS 3466 Lot 1 (Berg residence) w Parcels 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 infonnation: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 Nes which may be more up -to -date. Kodiak Island Borough Community Development Department. Current Zoning P & Z Case # 08 -025 Berg, Eriene & Robert Request: A Rezone, according to KIBC 17.72.030 C, of a portion of United States Survey 3465 Lot 1A -3, from PL- Public Use Lana to RR1 -Rural Residential One Portion of USS 3465 Lot 1A-3 V subject to rezone request Legend USS 3466 Lot 1 (Berg residence) Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential 1 1 Two Family Resic Multi Family Resii Retail Business Rural Residential Rural Residential Rural Residential Split -Lot Zone 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 infoma3tion: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 recondled with data contained In manual files which may be more up-to-date. Kodiak Island Borough Community Development Department This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, May 14, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. �f Your Name: A 22rI'5 , --- Mailing Address: eb 3 /2 7.5" Your property description: /eleie - DOOI? Comments: /e). 5139.04e 9 MAY - 6 2008 DEPARTMENT COMMUNITY DEVELOPMENT KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 21, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08 -025 APPLICANT: Robert & Earlene Berg REQUEST: A Rezone, according to KIBC 17.72, of a portion of United States Survey 3465 Lot 1A -3, from PL- Public Use Land to RR1 -Rural Residential One. (Related to approved land disposal, Case No. 07 -001) LOCATION: Scout Circle ZONING: PL- Public Use ims nonce is oeing sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, May 14, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. , a K g Your Name: � `�/ �(.� V � / �`tv Maltin Address: Your property description: 2 -- 6- r: 3 f LEi r < 7 7 - 47 �' c Comments: -.- A- to / y G/S D/ .4.01) ,1 c.9 G ?h , .�,C.2 o ct E a f r' e � 49o ; G,ee it ; ./ r_ 46 To ,e/P/ 1eeIA IL iP i 4,. ate, .,/T,. MAY - 6 2008 r COMMUNITY DEVELOPMENT DEPARTMENT A public hearing will be held on Wednesday, May 21, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08 -025 APPLICANT: Robert & Earlene Berg REQUEST: LOCATION: ZONING: • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A Rezone, according to KIBC 17.72, of a portion of United States Survey 3465 Lot 1A -3, from PL- Public Use Land ti RR1 -Rural Residential One. (Related to approved land disposal, Case No. 07 -001) Scout Circle PL- Public Use MEMORANDUM DATE: April 4, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 21, 2008 Regular Meeting CASE: 08 - 025 APPLICANT: Berg, Erlene and Robert REQUEST: A Rezone, according to KIBC 17.72.030 C, of a portion of United States Survey 3465 Lot 1A -3, from PL- Public Use Land to RR1- Rural Residential One LOCATION: Terminus of Scout Circle — between Dark and Island Lakes. ZONING: PL- Public Use Zoning District Fourteen (14) public hearing notices were mailed on April 16, 2008 Two (2 ) public comments have been received supporting the request. No (0 ) public comments have been received opposing the request. Date of site visit: Public Hearing Item VI -C Case 08 025 /Staff Report Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Residential Unclassified. The 2008 Comprehensive Plan identifies this area as PL- Public Use Zoning District. 2. Lot Size and Land Use: Approximately 6,000sqft - Vacant 3. Surrounding Land Use and Zoning: North: United States Survey 3465 Lot 1A -3 Use: Vacant Zoning: PL- Public Use Zoning District South: Lake Shore Estates Lot 4 Use: Vacant Zoning: RR -1 Rural Residential Zoning District East: Lakeside 2 Lot 2A Use: Vacant Zoning: PL- Public Use Zoning District West: Dark Lake Use: Vacant Zoning: Not Applicable Page 1 of 5 P & Z: May 21, 2008 Case 08- 025 /Staff Report Public Hearing Item VI -C 4. Comprehensive Plan: The 2008 Comprehensive Plan identifies this area as PL- Public Use Zoning District. 5. Applicable Regulations: 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 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: 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. 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. COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, onsite facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Not applicable. This area is served by public sewer and water. Page 2 of 5 P & Z: May 21, 2008 Consistent: Public Hearing Item VI -C 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Yes. This action is consistent with a prior review of a disposal request (P & Z Case No. 07 -001), and is contemporaneous with the required subdivision action. 3. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. No. The approved disposal did not include a reservation of public access along the waterfront portion of the disposal. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout 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. This is not an identified hazardous area. 5. Wetlands Filling and drainage 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 action will not result in fill or drainage of water bodies, floodways, backshores or wetlands. Case 08- 025 /Staff Report Page 3 of 5 P & Z: May 21, 2008 Case 08- 025 /Staff Report COMMENTS Public Hearing Item VI -C The purpose of this request is to conform the zoning of that disposed portion of United States Survey 3465 Lot 1A -3 (P & Z Case No. 07 -001) to the current zoning of the abutting residential lot, United States Survey 3466 Lot 1. BACKGROUND The portion of United States Survey 3465 Lot 1A -3 subject to this rezone request has been acquired by the applicants through a negotiated land disposal action with the Kodiak Island Borough. The Planning Commission approved this disposal at a previous meeting, Case No. 07 -001, and it is important to remove any ambiguity regarding the applicable building setback requirements prior to the applicant's proposed building development. CONFORMANCE WITH THE COMPREHENSIVE PLAN: A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District would not be inconsistent with the 2008 KIB Comprehensive Plan. ZONING /USE: The area is a low density residential use area, and a rezone would be consistent with the general neighborhood character. LAND SUITABILITY: The proposed rezone area is eminently suitable for the propose use, i.e., residential. RECENT DEVELOPMENT TRENDS IN THE AREA: The general neighborhood has been rather static with respect to recent development. It is expected that the use will continue to be predominately single - family residential. TRAFFIC IMPACTS: No negative traffic impacts may be expected as a result of this rezone action. Page 4 of 5 P & Z: May 21, 2008 Public Hearing Item VI -C RECOMMENDATION Staff recommends that the Commission approve this rezone request. Should the Commission agree with staff recommendation, the appropriate motion is: APPROPRIATE MOTION #1 Move to recommend the Kodiak Island Borough Assembly approve a Rezone, according to KIBC 17.72.030 C, of a portion of United States Survey 3465 Lot 1A -3, from PL- Public Use Land to RR1 -Rural Residential One, and to adopt the findings of fact in the staff report dated April 4, 2008 as Findings of Fact for Case No. 08 -025. Staff recommends that this motion be passed. 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. A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District is justified because the property owner is entitled to consistent application of building setback requirements. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District would be consistent with the 2008 KIB Comprehensive Plan. Case 08- 025 /Staff Report Page 5 of 5 P & Z: May 21, 2008 creation of a new service district to provide road maintenance for this public road or successfully complete an amendment to the boundaries of the Womens Bay Road Service Area to include Seaview Estates Subdivision within this existing road service district. 5. Obtain approval for the public safety access from the local State Fire Marshal representative through the City of Kodiak Fire Department. The question was called, and it CARRIED 6 -0. COMMISSIONER JANZ MOVED TO AMEND the motion to read "grant a two (2) year extension (until March 15, 2010) of preliminary plat approval of the subdivision of a portion of Lot 29A, USS 2539, creating Lots 1 thru 11, and Tract A, Seaview Subdivision subject to the following, amended conditions of approval. The motion was SECONDED by COMMISSIONER WATKINS. The question was called, and it CARRIED 6 -0. C. Case 08 -025. Request a rezone, according to KIBC 17.72, of a portion of USS 3465, Lot 1AT 3, from PL- Public Use Land to RRI -Rural Residential One. (Related to approved land disposal, Case No. 07 -001). Cassidy stated this land has been approved for sale by both the Planning and Zoning Commission and the Assembly. This action will zone it from PL- Public Use to RR1 -Rural Residential so that there will not be split lot zoning. COMMISSIONER HARRINGTON MOVED to recommend the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.72.030.C, of a portion of USS 3465, Lot 1A- 3, from PL- Public Use Land to RRl -Rural Residential One, and to adopt the findings of fact in the staff report dated April 4, 2008 as Findings of Fact for Case No. 08 -025. COMMISSIONER JANZ SECONDED the motion. Close Regular Meeting: Open Public Hearing: Close Public Hearing: Open Regular Meeting: 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. A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District is justified because the property owner is entitled to consistent application of building setback requirements. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District would be consistent with the 2008 KIB Comprehensive Plan. L The question was called, and it CARRIED 6 -0. Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 4 of 9 A public hearing will be held on Thursday, July 17, 2008 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P&Z Case 07 -001) If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, Email to niavierAkodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on July 17, 2008. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Ordinance No. FY2009 -02 • Map • Public hearing form Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kodiakak.us NOTICE OF PUBLIC HEARING PUBLIC HEARING FORM Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001) ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to njavier(a)kodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, July 17, 2008. Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Elks Lodge #1772 PO Box 846 Kodiak, AK 99615 Ruth Brechan Rev Trust Et Al 2705 Mill Bay Road Kodiak, AK 99615 Ted & Mary Jane Rodgers 445 Shahafka Circle Kodiak, AK 99615 Thomas & Nancy Sweeney PO Box 9046 Kodiak, AK 99615 Lorna -Lee Arndt PO Box 2069 Kodiak, AK 99615 David lani PO Box 549 Kodiak, AK 99615 Robert & Earlene Berg PO Box 359 Kodiak, AK 99615 Kathleen Ballenger PO Box 126 Kodiak, AK 99615 James Greer 315 Shahafka Circle Kodiak, AK 99615 Stanley Smith PO Box 8888 Kodiak, AK 99615 Dennis & Debora McCusker 2561 Beaver Lake Drive Kodiak, AK 99615 Lester Russell PO Box 9024 Kodiak, AK 99615 Paul & Lois Stover PO Box 727 Kodiak, AK 99615 Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001). vAquii r wo-d- Poor 40 10A/a0P L6L KODIAK ISLAND BOROUGH SCHOOL DISTRICT PHILOSOPHY OF EDUCATION KINDERGARTEN THROUGH TWELFTH GRADE The Kodiak Island Borough School District has a compelling obligation to be responsive to the needs of our community and society. The members of the Kodiak Island Borough School District governing Board establish policy, hire personnel, develop annual budgets and plan facilities needed to implement a successful public school program. The Kodiak Island Borough School District respects the educational right of each student and is charged with providing the best possible cost - effective program for all students. Our emphasis is placed on excellence which seeks to instill a desire to keep learning, to be self - motivated and self - disciplined and to believe in one's self- worth. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 17, 2008 REGULAR MEETING TITLE: Resolution No. FY2009 -01 Approving Fiscal Year 2009 Kodiak Island Borough Non - profit Funding. SUMMARY: This resolution is the framework in which the Assembly distributes the Borough funds set aside in the Fiscal Year 2009 budget to various non - profit agencies. FISCAL NOTES: Account No.: 100 -185 XXX -XXX and 100 -190 XXX -XXX Amount Budgeted: $233,000 and $81,000 Expenditure Required: d RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -01. ITEM NO: 13.B.1 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -01 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Finance Director Introduced: 07/17/2008 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING FISCAL YEAR 2009 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent non - profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non - profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough fiscal year 2009 budget includes contributions to non - profit organizations in the amounts indicated on the attached page of this resolution. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2009 -01 Page 1 of 1 C lg O 0 CD c o trz C O O - O ✓ > co • 0. 0 6) Q O m Z W co co W 1-- Q) Cn • W W co Z > 0 W Z W o CI J L Z (1) H CD U) (I) U) U) N (1) CO CO U) N V) u) CO (I) (/) N (/) U) V) (/) N V) co co CO co CO 03 CO 03 co co CO CO CO 00000,000o0 N N 0) • �1n�r 0 r ��rr00 4 4 4 \ N \\ N N r t t t t t t t 000000071000100 0 0 0000000 Co00r0 0 0 0 0 0 0 0 1- O O 00 M 0 I. 10 O N N CA N P o ER 0000000 d' 000N O 0000030(0- 00000 00000001. 001000') R In 1n to r r O O co 1- to Co ER vt ER r M N Mtn N ER N ER ER ER ER ER ER ER $ ER ER 0000000 d• 000100 00000 00000CO00 0 0 0 0 0 0 0 1- O O 1 f) M o • O100 to � ER 669 ER ER ER 69 ER N ER U) N N U) V) (1) U) V) V) V) V) V) N N e. co 13 ) CV • 0 0 N 0 0 0 N CA 0 N 0 V) (n (1) V) U) 0 U) U) V) U) N U) U) N (I) c > > , > , > + > + > + > + > , > , C > C > > > > > C > > > > > > $...) >, >, C C) LL C U) Cn U) V) C (I) U) N (1) V) (n > a) a) a) 0 a) CD 0 > , > , > + C c CO CO CO CO CO 00 CO CO CO CO CO 00 CO 0000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N r r r 00 r r r r 10 00 r r 00 N N N N N N N N N N N N N t t t t t t t nr t t t O 0 0 00000 0 0 0 0 0 0 0 0 M M co 0 M 0 0 0 0 0 0 0 010 10• -C LCD O co 00 N M Cl 1- 1C) C�) r O) td) C'7 '0 1() r co r co) M N M ' ' 00 r r N E9 on fR fA ER 49 ER 0 00000000000000CO" m 1 r+ a) O O O O O 0 0 0 0 0 0 0 CO C o 0 - 0 co 0 0000 0 Ln 0 rM UC)0 co N O 1n M r O M 1--- 1n N In , 4 00 N -0 = 03 ER N Eft ER ER ER ER ER ER ER ER ER ER a CO Q Q 0) 00 p 0) O O O O O O O O O O O O CO C O C O 0 10 0 0 0 0 0 0 0 1O. r M 10 N N 1- 1. 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O C N N N N N O N N N N 00000 000000 . � CO 0 0 0 Co 0 Co Co CO 0 0 0 Co c o p 0 D C 0 0 0 Q O J o N y N cn N C am /) (p y C U) N y N n CD ..4 W C O C C` ' CI C C C C ' CI C cn m C cn O cn N cn C/1 cn cn cn cn CD CD CD CD cn N N V) (n o N y N 0) N y y nd T 'n Cn Z m 'n z co c G7 � TITLE: Resolution No. FY2009 -02 Urging Federal Funding of Observer Coverage in the Gulf of Alaska. SUMMARY: The Kodiak Fisheries Advisory Committee (KFAC) reviewed and discussed Resolution No. FY2009 -02 at its last three meetings. Unfortunately, the committee did not have a quorum at any of those meetings and will not be meeting again until the end of August. At the most recent meeting, the Committee discussed taking an e-mail vote on the resolution, but after speaking with the Borough Clerk, it was determined that this was not an acceptable method of recommending approval of the resolution to the City Council and Borough Assembly. As an alternative, the resolution has been forwarded from the KFAC. There has not been anyone opposed to the concept behind the resolution at any of the three KFAC meetings at which the resolution was discussed. The reason for not waiting for the August meeting of the KFAC is to get the resolution to the Alaska Congressional delegation as soon as possible, with the hope that federal funding can be secured in federal fiscal year 2010. Observer coverage in the Gulf of Alaska costs the industry approximately $4 million per year, so each year of delay costs the industry a significant amount of money. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 17, 2008 REGULAR MEETING d, e - A r Wras , RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -02. ITEM NO: 13.B.2 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -02 Introduced by: Requested by: Drafted by: Introduced: Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY URGING FEDERAL FUNDING OF OBSERVER COVERAGE IN THE GULF OF ALASKA Manager Gifford Manager Gifford Kodiak Fisheries Advisory Committee 07/17/2008 WHEREAS, vessels and shoreside processing facilities participating in Gulf of Alaska (GOA) federal fisheries are predominantly smaller in size and receive less revenue from commercial fishing than their counterparts in the Bering Sea /Aleutian Islands (BSAI); and WHEREAS, daily costs of observer coverage is often higher operating in the GOA than the BSAI, due to the logistics of deploying observers to remote ports for short periods of time; and WHEREAS, the Gulf of Alaska fishing industry pays disproportionately higher costs for federally mandated observer coverage when compared to the BSAI and other parts of the Nation; and WHEREAS, the Gulf of Alaska fishing industry is comparable in size, capacity, and annual revenue to those based in U.S. non - Alaska coastal communities that have historically benefited from 100% federally- funded Observer Programs; and WHEREAS, Alaska's coastal communities are generally far Tess diversified, have fewer economic opportunities, and are more dependent on commercial fishing than most fishing communities outside of Alaska; and WHEREAS, the Gulf of Alaska federal fisheries deserve equitable treatment when compared to other U.S. regions that receive federal funding dollars to support their observer program needs; and WHEREAS, federally funded observer coverage in the Gulf of Alaska would reduce the financial burden on the small, community -based GOA fisheries and thereby help promote economic stability and longevity in our communities; and WHEREAS, an appropriation to increase federal funds to the North Pacific Groundfish Observer Program to offset observer costs by GOA vessel owners and processors would allow for a NMFS- directed observer deployment plan which would, in turn, result in more representative and statistically robust fisheries data; and WHEREAS, the Kodiak Island Borough believes it is in the best interests of the State of Alaska's coastal communities to pursue U.S. government funding options for the globally recognized and respected North Pacific Groundfish Observer Program for Gulf of Alaska fisheries; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Kodiak Island Borough urges the Alaska Congressional Delegation to seek federal funding, in whole or in part, for observer coverage for vessels and processors participating in federal fisheries in the Gulf of Alaska. Kodiak Island Borough, Alaska Resolution No. FY2009 -02 Page 1 of 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2009 -02 Page 2 of 2 CITY OF KODIAK RESOLUTION NUMBER 08-13 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK URGING FEDERAL FUNDING OF OBSERVER COVERAGE IN THE GULF OF ALASKA WHEREAS, vessels and shoreside processing facilities participating in Gulf of Alaska (GOA) federal fisheries are predominantly smaller in size and receive less revenue from com- mercial fishing than their counterparts in the Bering Sea/Aleutian Islands (BSAI); and WHEREAS, daily costs of observer coverage is often higher operating in the GOA than the BSAI, due to the logistics of deploying observers to remote ports for short periods of time; and WHEREAS, the Gulf of Alaska fishing industry pays disproportionately higher costs for federally mandated observer coverage when compared to the BSAI and other parts of the Nation; and WHEREAS, the Gulf of Alaska fishing industry is comparable in size, capacity, and annual revenue to those based in U.S. non - Alaska coastal communities that have historically benefited from 100% federally - funded Observer Programs; and WHEREAS, Alaska's coastal communities are generally far less diversified, have fewer economic opportunities, and are more dependent on commercial fishing than most fishing communities outside of Alaska; and WHEREAS, the Gulf of Alaska federal fisheries deserve equitable treatment when compared to other U.S. regions that receive federal funding dollars to support their observer program needs; and WHEREAS, federally funded observer coverage in the Gulf of Alaska would reduce the financial burden on the small, community -based GOA fisheries and thereby help promote economic stability and longevity in our communities; and WHEREAS, an appropriation to increase federal funds to the North Pacific Groundfish Observer Program to offset observer costs by GOA vessel owners and processors would allow for a NMFS- directed observer deployment plan which would, in turn, result in more representa- tive and statistically robust fisheries data; and WHEREAS, the City of Kodiak believes it is in the best interests of the State of Alaska's coastal communities to pursue U.S. government funding options for the globally recognized and respected North Pacific Groundfish Observer Program for Gulf of Alaska fisheries. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Kodiak, Alaska, urges the Alaska Congressional Delegation to seek federal funding, in whole or in part, Resolution No. 08-13 Page 1 of 2 for observer coverage for vessels and processors participating in federal fisheries in the Gulf of Alaska. ATTEST: Resolution No. 08-13 Page2of2 CITY CLERK CITY OF KODTAK Adopted: June 26, 2008 MAYOR Observer program data use and cost inequity Fact Sheet • NMFS utilizes fishery observers to collect data from U.S. commercial fishing and processing vessels, as well as from shoreside processing plants. NMFS has been using fisheries observers since 1972 to collect high quality data on commercial fishing activities for the conservation and management of the nation's fisheries. There are fisheries observer programs in all six NMFS observer program management units that represent all eight fisheries management council regions. • Data collected by North Pacific Groundfish Observer Program is used for in- season management and for tracking species - specific catch and bycatch amounts. Many agencies have access to and utilize this high quality and essential data. • Observer coverage requirements for vessels: • No observer requirements for vessels less than 60 ft. • 30% of the vessel's fishing days per quarter for vessels greater than or equal to 60 ft but less than 125 ft. In addition, the vessel must have observer coverage for at least one trip per target fishery per calendar quarter that they participate in. D 100% of the vessel's fishing days for vessels greater than 125 ft. • Observer coverage requirements for processors: D No observer requirements for the processor that receives or processes less than 500 mt of round - weight equivalent of groundfish during a calendar month. > 30% of the days the processor receives or processes groundfish during a month which they process 500 mt to 1,000 mt in round - weight equivalent of groundfish. ➢ 100% of the days the processor receives or processes groundfish during a month which they process 1,000 mt or more in round - weight equivalent of groundfish. • In FY 2005, federal commercial fisheries observer programs received approximately $44,700,000 for observer coverage and program infrastructure (Table 1). The majority of funding for observer programs comes from Congressional appropriations. In FY 2005, Congressional funding for observer programs totaled $31,506,000. • In FY 2005, Industry contributed $13,200,000 in funds to the Alaska and West coast regional observer programs and of this total, $13,000,000 came from BS /AI and GOA vessels and processing plants. In addition to direct budget lines, observer programs may receive funding from federal appropriations supporting the Endangered Species Act, Marine Mammal Protection Act, American Fisheries Act, and the Magnuson - Stevens Act. These "other Federal funds" contributed a total of $4,268,000 to observer programs in FY 2005. Year Millions of Pounds Millions of Dollars Annual U.S. Rank: Pounds. Annual U.S. Rank: Table 1: Summary of funding sources and observer program statistics by region for FY 2005 Observer Program Industry Est. #. of Obs. monitoring Management Unit Federal funds funds vessels Days Programs Alaska $4,705,000 $13,000,000 350 35,683 2 West coast $4,828,000 $200,000 450 6,184 6 Southwest $1,001,000 $0 940 499 5 Pacific Islands $4,958,000 $0 219 10,626 3 Northeast $11,891,000 $0 1,450 11,000 6 Southeast $3,559,000 $0 436 2,687 4 Totals: $31,506,000 $13,200,000 66,679 26 Grand Total: $44,706,000 Source: www.st.nmfs.noaa.gov /st4 /nop /annual reports /FY_2005_Annual Report_4_10_07.pdr • Of the 705 catcher vessels that harvested federally managed fish from the GOA in 2006, 166 (23.5 %) were >60' and subject to observer coverage requirements (Table 2). The division of ex- vessel value of the catch between the less than 60 ft fleet and the equal to or over 60 ft fleet in 2006 was 52% ($62.8 million) and 48% ($58.2 million), respectively. Table 2. Number of vessels that caught federally managed groundfish in 2006 by ocean, gear type and vessel length class. Source: Economic status of the groundfish fisheries off Alaska, 2006 by the Alaska Fisheries Science Center, NMFS and NOAA. Importance of the Fishing industry to the community of Kodiak • Kodiak consistently ranks third or fourth (behind Dutch Harbor, AK and New Bedford, MA) in value of fish landings and within the top 6 ports for amount of fish landed (Table 3). • Kodiak's shoreside processing plants are consistently among the top ten taxpayers and employers in the Kodiak Island Borough (Table 4 and 5). • More than 1/3 of the jobs in Kodiak are directly involved in the fishing industry, in either the harvesting or processing sectors. • The Kodiak Island Borough's five year average unemployment rate is 8.0% (AK Depart of Labor) compared to U.S. 5 -year average of approximately 5.16%. • The Kodiak Island Borough's five year average cost of Living Index is 127.5 (ACCRA) compared to national average of 100. • There has been no population growth since the late 1980's (AK Dept of Labor) in the Kodiak Island Borough compared to the National average growth of approximately 1% per year. Table 3. Poundage and value of Kodiak commercial fishery landing by year ( 2000 -2006 Gulf of Alaska BS /AI All Alaska Vessel length class Vessel length class Vessel length class Gear Category <60' 60' -125' > =125' C/P <60' 60' -125' > =125' C/P <60' 60'425' > =125' C/P Longline 411 75 0 23 40 11 1 40 426 78 1 41 Pot 101 40 2 1 15 43 10 5 112 68 10 5 Trawl 27 49 0 16 5 78 25 39 29 100 25 40 Total 539 164 2 40 60 132 36 84 567 246 36 85 Table 1: Summary of funding sources and observer program statistics by region for FY 2005 Observer Program Industry Est. #. of Obs. monitoring Management Unit Federal funds funds vessels Days Programs Alaska $4,705,000 $13,000,000 350 35,683 2 West coast $4,828,000 $200,000 450 6,184 6 Southwest $1,001,000 $0 940 499 5 Pacific Islands $4,958,000 $0 219 10,626 3 Northeast $11,891,000 $0 1,450 11,000 6 Southeast $3,559,000 $0 436 2,687 4 Totals: $31,506,000 $13,200,000 66,679 26 Grand Total: $44,706,000 Source: www.st.nmfs.noaa.gov /st4 /nop /annual reports /FY_2005_Annual Report_4_10_07.pdr • Of the 705 catcher vessels that harvested federally managed fish from the GOA in 2006, 166 (23.5 %) were >60' and subject to observer coverage requirements (Table 2). The division of ex- vessel value of the catch between the less than 60 ft fleet and the equal to or over 60 ft fleet in 2006 was 52% ($62.8 million) and 48% ($58.2 million), respectively. Table 2. Number of vessels that caught federally managed groundfish in 2006 by ocean, gear type and vessel length class. Source: Economic status of the groundfish fisheries off Alaska, 2006 by the Alaska Fisheries Science Center, NMFS and NOAA. Importance of the Fishing industry to the community of Kodiak • Kodiak consistently ranks third or fourth (behind Dutch Harbor, AK and New Bedford, MA) in value of fish landings and within the top 6 ports for amount of fish landed (Table 3). • Kodiak's shoreside processing plants are consistently among the top ten taxpayers and employers in the Kodiak Island Borough (Table 4 and 5). • More than 1/3 of the jobs in Kodiak are directly involved in the fishing industry, in either the harvesting or processing sectors. • The Kodiak Island Borough's five year average unemployment rate is 8.0% (AK Depart of Labor) compared to U.S. 5 -year average of approximately 5.16%. • The Kodiak Island Borough's five year average cost of Living Index is 127.5 (ACCRA) compared to national average of 100. • There has been no population growth since the late 1980's (AK Dept of Labor) in the Kodiak Island Borough compared to the National average growth of approximately 1% per year. Table 3. Poundage and value of Kodiak commercial fishery landing by year ( 2000 -2006 Source: NMFS Office of Science and Technology: www.st.nmfs.noaa.Rov /pis /webnls /MF LPORT YEARP.RESULTS Table 4. Kodiak s top ten largest taxpayers (2006) Assessed Taxpayer Value Ocean Beauty Seafoods Inc $16,699,020 Brechan Enterprises Inc $13,887,896 Alaska Communication Systems $12,044,445 Westward Seafoods Inc $11,394,029 International Seafoods Inc $10,795,728 North Pacific Seafoods $9,546,064 Wal Mart $9,127,913 Trident Seafoods Corp $8,188,476 Horizon Lines of Alaska LLC $7,408,186 Mill Bay Plaza Assoc Ltd $7,138,400 Source: KIB Popular Annual Financial Report (FY 2006) Table 5. Top ten Kodiak employers In 2006 (excluding U.S. Coast Guard). Rank Employer Employment 1 Kodiak Island Borough School District 450 2 Trident Seafood Corporation 314 3 North Pacific Processors, Inc. 234 4 Providence Kodiak Island Medical Center 210 5 Ocean Beauty Seafoods 201 6 International Seafoods of Alaska 199 7 City of Kodiak 162 8 Safeway Inc. 129 9 Global Seafoods 120 10 Wal-Mart Associates 118 Source: KIB websiteKlB website Landed Value Landed 2006 332.8 101.4 4 3 2005 337.2 95.8 4 3 2004 317.4 94 4 4 2003 262.9 81.5 5 3 2002 250.4 63.3 6 4 2001 285.5 74.4 6 3 2000 289.6 94.7 6 3 Source: NMFS Office of Science and Technology: www.st.nmfs.noaa.Rov /pis /webnls /MF LPORT YEARP.RESULTS Table 4. Kodiak s top ten largest taxpayers (2006) Assessed Taxpayer Value Ocean Beauty Seafoods Inc $16,699,020 Brechan Enterprises Inc $13,887,896 Alaska Communication Systems $12,044,445 Westward Seafoods Inc $11,394,029 International Seafoods Inc $10,795,728 North Pacific Seafoods $9,546,064 Wal Mart $9,127,913 Trident Seafoods Corp $8,188,476 Horizon Lines of Alaska LLC $7,408,186 Mill Bay Plaza Assoc Ltd $7,138,400 Source: KIB Popular Annual Financial Report (FY 2006) Table 5. Top ten Kodiak employers In 2006 (excluding U.S. Coast Guard). Rank Employer Employment 1 Kodiak Island Borough School District 450 2 Trident Seafood Corporation 314 3 North Pacific Processors, Inc. 234 4 Providence Kodiak Island Medical Center 210 5 Ocean Beauty Seafoods 201 6 International Seafoods of Alaska 199 7 City of Kodiak 162 8 Safeway Inc. 129 9 Global Seafoods 120 10 Wal-Mart Associates 118 Source: KIB websiteKlB website Rick Gifford From: Economic Development Specialist [chamber @kodiak.org] Sent: Tuesday, June 10, 2008 4:11 PM To: Linda Freed; Rick Gifford Subject: Draft Resolution for Federal Funding of the Observer Program Attachments: DRAFT FINAL RESOLUTION - Federal Observer Program.doc Rick and Linda, As you may have heard the KFAC has reviewed and discussed the attached draft resolution at its past three meetings. Unfortunately the committee was unable to reach a quorum at any of those meetings and will not be meeting again until the end of August. We had discussed taking an email vote on the draft resolution, but after speaking with the borough clerk we found that this wouldn't be an acceptable vote. It has been decided to pass the resolution on to both government bodies to see if they would like to move forward with it. There hasn't been anyone against the concept behind the resolution at any of the three meetings and we have made edits at two of those meetings. The reason for not waiting for the August meeting is to get this to the Congressional Delegation so it can be entered on the 2010 fiscal budget instead of waiting for the 2011 budget. Observer Coverage in the GOA cost approximately $4 million per year so waiting one year could cost this community a considerable sum of money. I will be more than happy to present this to the council and assembly and explain why we were unable to vote on it. Please let me know if you have any questions (the fact sheet is attached to give the Congressional Delegation background on the program and to show economic need). Thank you, Trevor Brown Economic Development Specialist Kodiak Chamber of Commerce Phone: (907) 486 -5557 1 TITLE: Resolution No. FY2009 -03 Approving Fiscal Year 2009 Support to the Kodiak Island Bed and Breakfast Association. SUMMARY: This resolution will allocate part of the bed tax proceeds to the Kodiak Island Bed and Breakfast Association for it to market the bed and breakfasts located within the Kodiak Island Borough. 'c yite , fitice1& t3 l hz.iek4) [to" r FISCAL NOTES: \24-X132 Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 17, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 - 03. ............ ITEM NO: 13. 1.:3 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING FISCAL YEAR 2009 SUPPORT TO THE KODIAK ISLAND BED AND BREAKFAST ASSOCIATION WHEREAS, the tourism industry has become an important segment in the Kodiak economy; and WHEREAS, bed and breakfasts make up a significant portion of our tourist industry; and WHEREAS, transient accommodation taxes are budgeted at $70,000 in FY2009; and WHEREAS, by advertising the bed and breakfasts in Kodiak will bring in even more tourism revenue; and WHEREAS, there is $15,980 available in the tourism development fund; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that will be budgeted and transferred to the Kodiak Island Bed and Breakfast Association to be used to promote tourism in Kodiak. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -03 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Finance Director Introduced: 07/17/2008 Adopted: KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2009 -03 Page 1 of 1 TITLE: Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 17, 2008 REGULAR MEETING ITEM NO: 13.C.1 The Assembly wishes to release accurate information regarding Proposition No. 1 to effectively communicate the changes regarding the recent 2008 financial disclosure laws that have become so intrusive and let it known to the public that this proposition instead, would require municipal officers to file a Tess intrusive KIB financial disclosure form. The KIB is required by Alaska Statutes to specifically appropriate the funding by Ordinance. Alaska Statutes Section 15.13.145(4b) states "money held by an municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance." FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -01A in first reading to advance to public hearing on August 7, 2008. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -01A Introduced by: Manager Gifford Requested by: KIB Assembly Drafted by: Borough Clerk/ Introduced: 07/17/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2009 -01 TO APPROPRIATE FUNDS FOR THE PURPOSE OF PROVIDING INFORMATION ON BALLOT PROPOSITION NO. 1 WHEREAS, the Assembly adopted Ordinance No. FY2008 -20 on June 5, 2008 placing the following proposition on the October ballot; and Shall the Kodiak Island Borough municipal officers and candidates for municipal office (i.e. mayor, assembly, school board, planning and zoning commission, and borough manager) be exempt from the State of Alaska requirements under Alaska Statutes 39.50, effective 2008, regarding reporting and financial disclosure requirements, business and conflicts of interests provisions, and INSTEAD, be required to file a less intrusive Kodiak Island Borough Public Official Financial Disclosure Statement form used prior to the 2008 amendments to Alaska Statutes 39.50 that will be subject to public disclosure, as well as be subject to local laws regarding conflicts of interest? WHEREAS, the Assembly wishes to release accurate information regarding this proposition to effectively communicate that this change will still protect the public from the influence of undisclosed private or business interests, permit public access to information necessary to judge the credentials and performance of those who seek and hold public office, while allowing certain rights of privacy for our citizens seeking to hold public office; and WHEREAS, Alaska Statutes Section 15.13.145(4b) states "money held by an municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance;" 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: Ordinance No. FY2009 -01 will be amended and funds will be appropriated per the attached eight page schedule. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2009 -01A Page 1 of 1 FY2009 adopted Budget As of Difference 04/30/08 Budget Revised % Adjustments Budget Fund 100 General Fund Revenues: Property Tax 9,082,500 9,082,500 0% 9,082,500 Boat & Motor Vehicle Tax 251,000 251,000 0% 251,000 Payment in Lieu of Taxes 813,000 813,000 0% 813,000 Severance Taxes 1,288,213 1,288,213 0% 1,288,213 Penalties & Int on tax 175,000 175,000 0% 175,000 Licenses and Permits 66,250 66,250 0% 66,250 Federal Shared Revenue 350,075 350,075 0% 350,075 Temporary Fiscal Relief 751,477 751,477 0% 751,477 Raw Fish Tax 1,000,000 1,000,000 0% 1,000,000 Raw Fish Tax - Offshore 50,000 50,000 0% 50,000 Other State Revenue 26,000 26,000 0% 26,000 Fines 500 500 0% 500 Interest Earnings 300,000 300,000 0% 300,000 Miscellaneous 25,500 25,500 0% 25,500 Use of Fund Balance 1,341,798 1,341,798 0% 3,000 1,344,798 Sale of Fixed Assets Transfer In Total 15,521,313 15,521,313 0% 3,000 15,524,313 Expenditures: Borough Assembly 183,440 183,440 0% 3,000 186,440 Borough Manager 358,600 358,600 0% 358,600 Borough Clerk 411,510 411,510 0% 411,510 Borough Attomey 130,000 130,000 0% 130,000 Finance Department 691,640 691,640 0% 691,640 Management Information Services 588,533 588,533 0% 588,533 Assessing Department 440,760 440,760 0% 440,760 Engineering/ Facilities Dept 158,715 158,715 0% 158,715 Community Development 749,780 749,780 0% 749,780 Building Official 147,765 147,765 0% 147,765 Economic Development 75,000 75,000 0% 75,000 General Administration 297,600 297,600 0% 297,600 Emergency Preparedness 8,800 8,800 0% 8,800 School District Support 10,783,220 10,783,220 0% 10,783,220 Health and Sanitation 233,000 233,000 0% 233,000 Animal Control 82,500 82,500 0% 82,500 Culture and Recreation 81,000 81,000 0% 81,000 Colledge and Libraries 93,000 93,000 0% 93,000 Transfers Out 6,450 6,450 0% 6,450 Total 15,521,313 15,521,313 0% 3,000 15,524,313 Fund 205 Child Care Assistance Program Revenue 82,026 82,026 0% 82,026 Expenditures 82,026 82,026 0% 82,026 Fund 210 Land Sales Revenue 97,771 97,771 0% 97,771 Expenditures 97,771 97,771 0% 97,771 Ordinance No. 2008-1D Kodiak !shad Borough, Alaska Page 1 of 8 FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 220 Buildings and Grounds Revenues Revenues 438,410 438,410 0% 438,410 Transfers in 185,000 185,000 0% 185,000 Use of Fund Balance 89,075 89,075 0% 89,075 Total Revenues 712,485 712,485 0% 712,485 Expenditures - - Borough Building 408,985 408,985 0% 408,985 MHC Apartments 10,000 10,000 0% 10,000 School Buildings 287,500 287,500 0% 287,500 Parks 6,000 6,000 0% 6,000 Total Expenditures 712,485 712,485 0% 712,485 Fund 230 Coastal Management Revenues 24,000 24,000 0% 24,000 Expenditures CMG Regular 24,000 24,000 0% 24,000 Total Expenditures 24,000 - 24,000 0% 24,000 Fund 234 L.E.P.C. Revenues LEPC 17,800 17,800 0% 17,800 E.O.P. Grant - 0% - Revenues 17,800 17,800 0% 17,800 Expenditures - - Expenditures-LEPC 17,800 17,800 0% 17,800 Expenditures -FEMA grant - - 0% - Total Expenditures 17,800 17,800 0% 17,800 Fund 240 Womens Bay Road Service Revenues 124,057 124,057 0% 124,057 Expenditures 124,057 124,057 0% 124,057 Fund 242 Service District No. 1 Revenues 269,700 269,700 0% 269,700 Expenditures 269,700 269,700 0% 269,700 Fund 243 Service Area No. 2 Revenues Expenditures 100 100 100 100 100 100 Fund 244 Monaska Bay Road District Revenues 52,590 52,590 0% 52,590 Expenditures 52,590 52,590 0% 52,590 Fund 246 Bay View Road Service Area Revenues 5,700 5,700 0% 5,700 Expenditures 5,700 5,700 0% 5,700 Fund 250 Fire Protection Area No. 1 Revenues 415,900 415,900 0% 415,900 Expenditures 415,900 415,900 0% 415,900 Fund 252 Womens Bay Fire Department Revenues 95,980 95,980 0% 95,980 Expenditures 95,980 95,980 0% 95,980 Ordinance No. 2008-113 Kodiak Isinad Borough, Alaska Page 2 of 8 FY2009 adopted As of Difference Budget Revised Budget 04130/08 % Adjustments Budget Fund 254 KIB Airport Fire District Revenues 13,070 13,070 0% 13.070 Expenditures 13,070 13,070 0% 13,070 Fund 260 Woodland Acres Street Lights Revenues 8,420 8,420 0% 8,420 Expenditures 8,420 8,420 0% 8,420 Fund 261 Trinity Islands Lighting Dist. Revenues 3,920 3,920 0% 3,920 Expenditures 3,920 3,920 0% 3,920 Fund 262 Mission Lake Tide Gate Revenues 3,700 3,700 0% 3,700 Expenditures 3,700 3,700 0% 3,700 Fund 263 Trinity Islands Paving Dist. Revenues 20,060 20,060 0% 20,060 Expenditures 20,060 20,060 0% 20,060 Fund 275 Kodiak Arts Council Revenues 68,360 68,360 0% 68,360 Expenditures 68,360 68,360 0% 68,360 Fund 276 Facilities Fund Revenues 1,890,000 1,890,000 0% 1,890,000 Expenditures/Transfers Out: Building Insurance 185,000 185,000 0% 185,000 Debt Service 1,150,000 1,150,000 0% 1,150,000 Capital Projects Fund 495 397,540 397,540 0% 397,540 Capital Projects Fund 430 0% - Contingencies 0% - Contengencies - inflation proofing 157,460 157,460 0% 157,460 Total Expenditures 1,890,000 1,890,000 0% 1,890,000 Fund 277 Tourism Development Revenues 70,980 70,980 0% 70,980 Expenditures 70,980 70,980 0% 70,980 Fund 290 Fem Fuller Trust Revenues 75,000 75,000 0% 75,000 Expenditures 75,000 75,000 0% 75,000 Ordinance No. 2008 -10 Kodiak Isinad Borough, Alaska Page 3 of 8 FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 300 Debt Service Revenues State Debt Reimbursement 2,144,617 2,144,617 0% 2,144,617 Interest Eamings 10,000 10,000 0% 10,000 Transfers in General Fund - Education 763,036 763,036 0% 763,036 General Fund - Health Facilities Fund 1,150,000 1,150,000 0% 1,150,000 Hospital Fund - 0% - Bond Premium Use of fund balance 0% Total Revenues 4,067,653 4,067,653 4,067,653 Expenditures Expenditures - School Debt 3,295,550 3,295,550 0% 3,295,550 Expenditures- Hospital Debt 765,500 765,500 0% 765,500 Expenditures - Karluk Loans 6,603 6,603 0% 6,603 Expenditures -Other Debt - 0% - Total Expenditures 4,067,653 4,067,653 0% 4,067,653 Ordinance No. 2008 -1D Kodiak Islnad Borough, Alaska Page 4 of 8 Capital Projects Fund 410 - Borough Capital Projects: FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Revenues: Interest Eamings 304,898 304,898 0% 304,898 Contributions for BMX track 39,670 39,670 0% 39,670 State Grant 540,508 540,508 0% 540,508 Miscellaneous - - 0% - Total Revenues 885,076 885,076 0% 885,076 Operating Transfers In: - General Fund 517,352 517,352 0% 517,352 Budding and Grounds Fund 50,000 50,000 Bayside Fire Department 448,800 448,800 0% 448,800 Facilities Fund 1,434,384 1,434,384 0% 1,434,384 Total Operating Transfers In 2,450,536 2,450,536 0% 2,450,536 Total Revenues 3,335,612 3,335,612 0% 3,335,612 Projects: 85 Village Metals 150,000 150,000 0% 150,000 146 BMX Bike Trail 94,670 94,670 0% 94,670 174 Bayside Storage Addition & Engine Bay 426,800 426,800 0% 426,800 00102 Bayside Underground Electrical 22,000 22,000 0% 22,000 03105 Northstar School road /parking lot design 50,000 50,000 0% 50,000 03108 Borough Building Parking Lot 50,000 50,000 0% 50,000 03106 KHS emergency generator 50,000 50,000 0% 50,000 03109 Borough Building air handling penthouse 10,000 10,000 0% 10,000 03110 Borough Building emergency generator 20,000 20,000 0% 20,000 03120 WB Comm Plan Revision 33,380 33,380 0% 33,380 05023 Peterson Seismic Upgrade 540,508 540,508 0% 540,508 05025 High School Gym Seismic 50,000 50,000 0% 50,000 06001 Computer Upgrade 114,000 114,000 0% 114,000 07008 Seismic Repair - 0% 07015 High School kitchen floor 12,323 12,323 0% 12,323 07016 R and replacement of culverts at Panamaroff Creek 30,000 30,000 0% 30,000 07017 Hospital Solarium 25,000 25,000 0% 25,000 07018 HS Pool Repairs 40,000 40,000 0% 40,000 08001 Kodiak Middle School Asbestos Abatement 182,000 182,000 0% 182,000 08002 Main elementary Asbestous abatment 43,000 43,000 0% 43,000 08003 HS Soil Remediation 497,000 497,000 0% 497,000 08004 Computer Assisted Mass Appraisal and Collection Prg 400,000 400,000 0% 400,000 Tranfer to Fund 430 390,000 390,000 0% 390,000 Other Projects 104,931 104,931 0% 104,931 Total Borough Protects 3,335,612 3,335,612 0% 3,335,612 Ordinance No. 2008 -1D Kodlak Islnad Borough, Alaska Page 5 of 8 FY2009 adopted Budget As of Difference 04/30/08 Budget Revised % Adjustments Budget Fund 420 -GO Bond Projects: Revenues: Interest Earnings 3,633,918 3,633,918 0% 3,633,918 Proceeds from bond 2004A Bond Issue 9,302,760 9,302,760 0% 9,302,760 Proceeds from bond 20048 Bond Issue 11,050,000 11,050,000 0% 11,050,000 Proceeds from bond 200XX Bond Issue 8,000,000 8,000,000 0% 8,000,000 31,986,678 31,986,678 0% 31,986,678 Projects: 03119 New Swimming Pool 14,595,000 14,595,000 0% 14,595,000 04101 Old Harbor GymNoc Ed renovation 2,251,134 2,251,134 0% 2,251,134 04102 Larsen Bay School floor repair 339,883 339,883 0% 339,883 04103 Ouzinkie Gym renovation 1,923,187 1,923,187 0% 1,923,187 05002 Evacuation Center earthquake evaluation 500,000 500,000 0% 500,000 05009 Kodiak Middle School concrete repair 237,918 237,918 0% 237,918 05010 Kodiak High School asbestos & floor covering 304,704 304,704 0% 304,704 05011 District -wide floor covering replacement 728,708 728,708 0% 728,708 05012 Kodiak High School heating and ventilation 250,000 250,000 0% 250,000 05013 Kodiak High School insulastion and windows 596,020 596,020 0% 596,020 05014 Kodiak High School and Middle School roof repair 600,000 600,000 0% 600,000 05015 High School Voc ed /classroom reclaimation 4,840,788 4,840,788 0% 4,840,788 05016 East School heating and ventilation 520,000 520,000 0% 520,000 05017 Leaming Center renovation 1,181,336 1,181,336 0% 1,181,336 KMS Seismic Upgrade, Phase II 2,700,000 2,700,000 0% 2,700,000 Ouzinkie Sprinkler System 330,000 330,000 0% 330,000 Ouzinkie Generator Replacement 88,000 88,000 0% 88,000 Contingencies - - 0% - 31,986,678 31,986,678 0% 31,986,678 Ordinance No. 2008-10 Kodiak Islnad Borough, Alaska Page 6 of 8 FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 430 -State Capital Grant Protects: Revenues: KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 Chiniak Grant 20,000 20,000 0% 20,000 ADF &G, fish research 200,000 200,000 0% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 0% 189,985 Homeland Security 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 23,500 0% 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 0% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 465,618 0% 465,618 07001 Area Wide School Equipment and Supplies 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 0% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 School District Computer Grant 70,000 70,000 0% 70,000 Emergency Communications and Planing 30,000 30,000 0% 30,000 Kodiak Middle School Playground Equipment 10,000 10,000 0% 10,000 Area Wide School Supplies and Equipment 130,000 130,000 0% 130,000 Near Island Fish and Game Building 950,000 950,000 0% 950,000 Non - Structural Seismic Upgrades for Kodiak Schools - MEP 132,249 132,249 0% 132,249 Non- Structural Seismic Upgrades for Kodiak Schools- Bracing 75,490 75,490 0% 75,490 Transfers in from fund 410 526,350 526,350 0% 526,350 Anton Larson Boat Ramp 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 0% 130,000 Dingell - Johnson Contribution 140,000 140,000 0% 140,000 Total Revenues 10,702,632 10,702,632 0% 10,702,632 Projects: 164 KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 896,350 0% 896,350 02107 ADF &G Research Study 200,000 200,000 0% 200,000 03114 Coastal Impact Program 319,985 319,985 0% 319,985 03118 Chiniak Multi -use Grant 20,000 20,000 0% 20,000 05019 Homeland Security 17,733 17,733 0% 17,733 05020 2005 PreDisaster Mitigation Grant 41,724 41,724 0% 41,724 06022 KMS Seismic Upgrade 410/523 938,633 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465 ,618 465,618 0% 465,618 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 06008 Summit Lake Trail 23,500 23,500 0% 23,500 07001 Area Wide School Equipment and Supplies 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 0% 10,000 07007 School District Computer Grant 70,000 70,000 0% 70,000 07008 School Facilities Seismic Repairs 1,300,000 1,300,000 0% 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzlnkle School Seismic Upgrade 308,344 308,344 0% 308,344 07014 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 Emergency Communications and Planing 30,000 30,000 0% 30,000 Kodiak Middle School Playground Equipment 10,000 10,000 0% 10,000 Area Wide School Supplies and Equipment 130,000 130,000 0% 130,000 Near Island Fish and Game Building 950,000 950,000 0% 950,000 Ordinance No. 2008-1D Kodiak Isinad Borough, Alaska Page 7 of 8 FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Non - Structural Seismic Upgrades for Kodiak Schools - MEP 132,249 132,249 0% 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing 75,490 75,490 0% 75,490 Total Expenditures 10,702,632 10,702,632 0% 10,702,632 Fund 490 Landfill Capital Protects Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - 0% - Total Revenues 3,000,000 3,000,000 0% 3,000,000 165 Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - 0% - Total Expenditures 3,000,000 3,000,000 0% 3,000,000 Fund 495 Hospital Capital Projects Hospital 660,288 660,288 0% 660,288 Providence - 0% From Facilities Fund 125,000 125,000 0% 125,000 Total Revenues 785,288 785,288 0% 785,288 03112 Hospital access and parking, Phase I & II 660,288 660,288 0% 660,288 05021 CHC architural Engineering 125,000 125,000 0% 125,000 Total Expenditures 785,288 - 785,288 0% 785,288 Fund 530 Solid Waste Collection /Disposal Revenues Waste Collection 2,850,920 2,850,920 0% 2,850,920 Waste Disposal 1,285,085 1,285,085 0% 1,285,085 Total Revenues 4,136,005 4,136,005 0% 4,136,005 Expenditures Waste Collection 1,584,200 1,584,200 0% 1,584,200 Waste Disposal 2,551,805 2,551,805 0% 2,551,80i Total Expenditures 4,136,005 4,136,005 0% 4,136,005 Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings 5,330 5,330 5,330 Providence Hospital Lease 720,000 720,000 0% 720,000 Transfer in from Fern Fuller 66,500 66,500 0% 66,500 Use of Retained Eamings 868,980 868,980 0% 868,980 Total Revenues 1,660,810 - 1,660,810 0% 1,660,810 Expenditures and Transfers: Expenditures 1,660,810 1,660,810 0% 1,660,810 Total Expenditures 1,660,810 1,660,810 0% 1,660,810 Fund 555 - Kodiak Fisheries Research Center Revenues 2,122,804 2,122,804 0% 2,122,804 Expenditures 2,122,804 Research Facility 2,084,604 2,084,604 0% 2,084,604 Dorm Facility 38,200 38,200 0% 38,200 2,122,804 2,122,804 0% 2,122,804 Fund 560 - Telephone 911 Service Revenues 70,320 70,320 0% 70,320 Expenditures 70,320 70,320 0% 70,320 Ordinance No. 2008 -1 D Kodiak Islnad Borough, Alaska Page 8 of 8 PROPOSITION NO. 1 ADVERTISEMENT KMXT — Enhanced Public Service Announcements • Announcements will be 0 -60 seconds, all English. • $12 per broadcast at KMXT's discretion: Will vary during most popular broadcast times — morning, noon, evening, commute times, etc (between 7 am and 7 pm). o $12 x 5x/day for 14 days = $840 o $12 x 3x /day for 14 days = $504 • $18 per broadcast at pre- designated times: Broadcast times can be requested for specific times only. o $18 x 5x/day for 14 days = $1,260 o $18 x 3x/day for 14 days = $756 Should there be a need to have the announcements translated in Tagalog there would be a $50 production charge; a translator will be provided. Same rates apply to the translated broadcasts. KVOK — Political Informational Broadcasts • Single Station Rates - Primetime spots, 6 am — 7 pm, M -F: o 30 sec. - $12 /broadcast • $12 x 5x/day for 14 days = $840 • $12 x 3x /day for 14 days = $504 o 60 sec. - $17.50 /broadcast • $17.50 x 5x /day for 14 days = $1,225 • $17.50 x 3x /day for 14 days = $735 • Dual (AM /FM) Station Rates — Primetime spots, 6 am — 7 pm, M -F: o 30 sec. - $18 /broadcast • $18 x 5x /day for 14 days = $1,260 • $18 x 3x/day for 14 days = $756 o 60 sec. — $25.38 /broadcast • $25.38 x 5x /day for 14 days = $1,776.60 • $25.38 x 3x/day for 14 days = $1,065.96 • During HOTLINE, 10 am — 11 am, M -F; 10:30 am —12 pm, Sat o 30 sec. - $18 /broadcast x 1x /day for 14 days = $252 o 60 sec. - $30 /broadcast x 1 x /day for 14 days = $420 • AM 560 Station Only — 12 am — 6 am, M -F o 30 sec. - FREE KODIAK DAILY MIRROR — Political Informational Advertisement • Half page advertisement cost = $638.82 /publication o Suggested 1 /2 pg ad date is (Friday) October 3 = $638.82 • Quarter page advertisement cost = $304.20 /publication o Suggested 1 /4 pg ad dates are (Fridays) September 19 & 26 = $608.40 • Total ad costs based on suggested size and dates = $1,247.22 PRINT MASTERS - Political Signage Based on draft propaganda attached: • Yard signs — 16" x 26 ", 4 color, white corrugated board o Single sided: $45 /sign x 20 signs = $900 + $60 ( *shop time) _ $960 me) = $1,34O • Banner — 48" x 72 ", 4 color, white vinyl o Single sided: $493 + $60 (shop time) = $553 o Double sided: $718.53 + $60 (shop time) = $778.53 *Shop time is for layout and application. SPENDARDS — Wooden Spikes for Yard Signs • 1" x 2" x 16" = $17.99 (bundles of 50 only) • 1" x 2" x 24" = $21.99 (bundles of 50 only) • 1" x 2" x 48" _ $44.99 (bundles of 50 only) e d24.. >u'IC h zee —ca u 2 0 0 -0 O r 0o Yo gy=m " O N .1 0 m 0 co 'MP MO 0 'MP 1:11: O MIM rn O Z Z 1 , ' ������ TITLE: ITEM NO: 13.C.2 Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P&Z Case 08 -023.) SUMMARY: The commission is recommending four Tots totaling approximately 20 acres and located in the B- Business zoned "island" in Womens Bay be rezoned to RR1 — Rural Residential One. The Commission found that while businesses fronting on Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) are thriving, the back side of this B — Business zone "island" and fronting South Russian Creek Road (where these parcels reside) have languished to meet their full potential. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: 44 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 17, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -03 in first reading to advance to public hearing on August 7, 2008. Introduced by: Manager Gifford Requested by: P & Z Commission Drafted by: CDD Staff Introduced: 07/17/ 2008 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -03 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING FOUR (4) PARCELS OF LAND IN THE RUSSIAN CREEK SUBDIVISION, TOTALING APPROXIMATELY 20 ACRES, FROM B- BUSINESS TO RR1 — RURAL RESIDENTIAL ONE DISTRICT (P &Z CASE 08 -023) WHEREAS, the "island" of business zone property in Womens Bay is located in the Russian Creek Subdivision; and WHEREAS, while the side of this business zoned property fronting Rezanof Drive (and including business from the Speedy Kraft store down to Rendezvous) are thriving, the back side of this B — Business zone "Island" fronting South Russian Creek Road has languished; and WHEREAS, the Planning and Zoning Commission has reviewed a number of requests to rezone the back portion of this business "island" in the Russian Creek Subdivision from its current B- Business zoning district to another zoning district to reflect the area's slowness to reach its full potential; and WHEREAS, much of the residentially zoned land available for development in Womens Bay has been utilized leaving the more challenging and environmentally sensitive parcels left to develop; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 21, 2008 as part of the review for this case; and WHEREAS, the Planning and Zoning Commission finds the request to be generally consistent with the goals and objectives of the 2007 Kodiak Island Borough Comprehensive Plan and that the rezoning would provide an additional population base to support the existing businesses that have located in the Womens Bay Community as well as encourage new business development by an increase in residential development; and WHEREAS, the Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly rezone the four (4) parcels identified in the staff report, totaling approximately 20 acres from B- Business to RR1 -Rural Residential One. 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: The four (4) parcels of land described below and totaling approximate 20 acres are hereby rezoned from B- Business to RR1 -Rural Residential One. 1. Lots 1 & 2, Dayton Subdivision 2. Tract A of Tract L, Russian Creek Alaska Subdivision 3. Tract K, Russian Creek Alaska Subdivision Kodiak Island Borough, Alaska Ordinance No. FY2009 -03 Page 1 of 2 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. • A need for residential property has been expressed by the public. • Current use of adjacent business zoned Tots includes a mix of business and residential use. • Location of property is inconsistent with the primary retail intent of business zoning. • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development. • Much of the residentially zoned land available for development in Womens Bay has already been utilized leaving the more challenging and environmentally sensitive left to develop. 17.72.020 B. Findings as to the Effect a Change or Amendment Would Have on the Obiectives of the Comprehensive Plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet)." • More residential development will provide an additional population base to support the existing businesses that have located in the Womens Bay Community as well as encourage new business development with an increase in residential development. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2009 -03 Page 2 of 2 Memorandum Date: July 2, 2008 To: Kodiak Island Borough Mayor & Assembly; Thru: Rick Gifford, Borough Manager From: Bud Cassidy, Director, and CDD RE: Request to rezone various parcels in the Russian Creek Subdivision from B- Business to RR1 - Rural Residential One. KIB Ordinance No. 2009 -03 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us This memorandum is written to forward the commission's action to recommend the rezoning of certain B- Business zoned parcels in the Womens Bay Community specifically the Russian Creek Subdivision to RR1- Residential One. The commission has held a number of public hearings on past requests to rezone this area. The commission felt that this request to change the zoning from B- Business to RR1 - to one acre residential parcels fits best with the goals of the comprehensive plan. The object of this rezoning is to address the fact that business zoned lots located adjacent to South Russian Creek Road have languished in their potential to develop as businesses. In fact, instead of business development, there have been a number of residences constructed that are doing very little business on the premises and may in fact be zoning violations. The commission felt that there has been a stagnation of population growth in Womens Bay and that by encouraging additional residential development and growth, that it would support the business development already in existence as well as potentially create additional business development in the area. CONCLUSION & RECOMMENDATION The Commission recommends approval of this change of zoning. A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B- Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B- Business zoning allows a wide range of commercial uses, the proposal to provide after- the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. The question was called and it CARRIED 6 -0. C. Case 08 -023. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone for Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact" for Case 08 -023. The motion was SECONDED by COMMISSIONER JANZ. A brief discussion. COMMISSIONER HARRINGTON MOVED TO AMEND the findings in the staff memo to include a final bullet point under part A to read "the location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility." The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. P&Z Meeting Minutes June 18, 2008 Page 8 of 11 A. Findings as to the need and justification for a change or amendment. • A need for residential property has been expressed by the public; • Current use of adjacent business zoned lots includes a mix of business and residential use; • Location of property is inconsistent with the primary retail intent of business zoning; • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development; • Much of the residentially zoned land available for development in Womens Bay has been already been utilized leaving the more challenging and environmentally sensitive left to develop. • The location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet) "; and • More residential development will provide an additional population base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disapproval of the change or amendment • The Planning and Zoning Commission recommends approval of this request. The question was called on the amended motion and it CARRIED 6 -0. The question was called on the main motion and it CARRIED 6 -0. D. S08 -015. Amend a previously adopted motion made at the May 21, 2008 Planning and Zoning regular meeting to correct an error in the legal description of the parcel given preliminary subdivision approval. The replat of U.S. Survey 3466, Lot 1 and U.S. Survey 3465, Lot 1A -3 creating U.S. Survey 3466, Lot lA and U.S. Survey 3465, Lot 1A -3A. CHAIR KING announced to the commission that there will be a motion to amend a previously adopted motion and there was no previous notice, and it requires a 2/3 vote of the membership. Cassidy gave a brief staff report. COMMISSIONER JANZ MOVED to grant preliminary approval, according to KIBC 16.40, of a replat of USS 3466, Lot 1, and USS 3465, Lot 1A -3 creating USS 3466, Lot 1A and USS 3465, Lot 1A -3A and to adopt the findings of fact in the staff report dated May 13, 2008 as Findings of Fact for Case S08 -015. The motion was SECONDED by COMMISSIONER WATKINS. P&Z Meeting Minutes June 18, 2008 Page 9 of 11 MEMORANDUM DATE: TO: FROM: SUBJECT: CASE: June 8, 2008 Planning and Zoning Commission Community Development Department Information for the June 18, 2008 Regular Meeting 08 -023 Old Business Item VI- C APPLICANT: Darlo Dayton, Duncan Fields, Andy Kuljis, and Rob Lindsey REQUEST: Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. LOCATION: 11883, 11967, 11945 and 11723 South Russian Creek Road ZONING: B- Business Background The Planning Commission is recommending approval of a rezone of 19.81 acres of business zoned land in Womens Bay from B- business to RR1 - Rural Residential One. This memo sets out the finds of fact in support of the commission's actions. When the Commission recommends approval of a proposed zoning boundary amendment (rezone) its action is a recommendation that is forwarded to the Assembly for review and final action. Before this can happen however, the Commission must complete the decision making process by adopting required "Findings of Fact" upon which the decision was based. These findings are to be delivered to the Assembly in the form of a report as described in the applicable provisions of KIBC 17.72, as follows: 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. Case 08- 023/Findings of Fact Page 1 of 4 P & Z: June 18, 2008 Old Business Item VI- C The adoption of "Findings" was postponed until the next regular meeting (June 18, 2008) as permitted by the KIB Planning and Zoning Commission Bylaws — Article IX Procedure, Provision (C) which states: "In cases where the Commission is required to base its decision on specific findings, the Commission may defer the approval of these findings until the next regular meeting of the Commission." In the context of the proposed "Findings" that follow, it may be appropriate to provide some additional code citations regarding the authority, purpose and intent of the borough zoning regulations. KIBC 17.01.020 Purpose. It is the purpose of this title to promote the health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. KIBC 17.01.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transportation, water, sewer, school, park and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated December 6, 2007, prepared by Cogan- Owens -Cogan and the Kodiak Island Borough. Case 08- 023/Findings of Fact Page 2 of 4 P & Z: June 18, 2008 Findings It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. A. Findings as to the need and justification for a change or amendment. • A need for residential property has been expressed by the public; • Current use of adjacent business zoned lots includes a mix of business and residential use; • Location of property is inconsistent with the primary retail intent of business zoning; • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development; • Much of the residentially zoned land available for development in Womens Bay has been already been utilized leaving the more challenging and environmentally sensitive left to develop. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet) "; and • More residential development will provide an additional population base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disapproval of the change or amendment • The Planning and Zoning Commission recommends approval of this request. Case 08- 023/Findings of Fact Old Business Item VI- C Page 3 of 4 P & Z: June 18, 2008 - Recommendation - Old Business Item VI- C Staff recommends that the Commission adopt the above findings in support of its recommendation to approve the rezoning request for Case 08 -023. These "Findings of Fact" support the decision reached by the Planning & Zoning Commission. APPROPRIATE MOTION Move to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact' for Case 08 -023. Case 08- 023/Findings of Fact Page 4 of 4 P & Z: June 18, 2008 COMMISSIONER WATKINS MOVED that the Planning and Zoning Commission investigate the rezone of approximately 12 acres of hilltop land on Near Island above the new travel lift area, and that it be appropriately zoned and set aside for . &Greenhouse Model Senior Extended Care Facility. The motion was SECONDED by COMMISSIONER JANZ. A discussion on zoning, the area, the processes, and the need for a new extended care facility. COMMISSIONER HARRINGTON MOVED TO AMEND the motion to read "That the Planning and Zoning Commission investigate approximately 12 acres of hilltop land on Near Island above the new travel lift and appropriate zoning, and set aside for a greenhouse model senior extended care facility be considered as part of that investigation." The motion was SECONDED by COMMISSIONER JANZ. The question was called on the amended motion, and it CARRIED 6 -0. PUBLIC HEARINGS A. Case 08 -023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. The location is 11883, 11967, 11945, and 11723 S. Russian Creek Road, and the zoning is B- Business Cassidy stated this rezone request is for almost 20 acres in Womens Bay from Business to RR1. The commission has heard various versions of this request. The Commission needs to weigh the need for additional residential in light of a two Comprehensive Plan efforts where the residents suggest that this area remain B- Business. Staff recommends denial of this rezone request because the Business use is still a viable use of the property as Business, especially open storage that is occurring and is a violation in the residential district; the applicants have not made a compelling case that a rezone is needed; and the Comp Plan does not support the request. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B- Business to RR1 -Rural Residential One zoning, and to adopt the "Findings of Fact" in the staff report dated May 12, 2008, in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ, Close Regular Meeting: Open Public Hearing: Andy Kuljis phoned to support the request as part owner. Catherine Lindsey phoned to support the request. Rob Lindsey spoke in support of the request as part owner. Iver Malutin stated the Comp Plan should be reviewed and brought up to date. Bob Tarrant, agent spoke in support. Close Public Hearing: Open Regular Meeting: A brief discussion regarding Cottonwood Circle, the Comp Plan, comments submitted for the Comp Plan, and the need for residential. Kodiak Island Borough P8Z Meeting Minutes May 21, 2008 Page 2 of 9 The commission requested the Clerk to read the motion on the table. The question was called, and it CARRIED 6 -0. COMMISSIONER HARRINGTON MOVED TO AMEND the previous motion to read "Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B- Business to RR1 -Rural Residential One zoning, and to postpone Findings of Fact until the June 18, 2008 meeting. The motion was SECONDED by COMMISSIONER KERSCH. The question was called on the amended motion, and it CARRIED 6 -0. B. Case S06 -012. Request a one (1) year extension of preliminary approval for the subdivision of USS 2539, Lot 29A creating Seaview Estates, Lots 1 thru 11, and Tract A. The location is U.S. Survey 2539, Lot 29A, Womens Bay, and the zoning is RR1 -Rural Residential One. Cassidy stated this request is for an extension of a preliminary subdivision, and has been advertised as a public hearing because there have been some changes made to the conditions of approval. The changes give him the option of keeping it as a private road or also investigate potential of including it in the Womens Bay Subdivision. Staff recommends this request be approved. Discussion of the motion and conditions of approval, and road service district processes. COMMISSIONER JANZ MOVED to grant a two (2) year extension (until March 15, 2010) of preliminary plat approval of the subdivision of a portion of Lot 29A, USS 2939, creating Lots 1 thru 11, and Tract A, Seaview Subdivision subject to the following amended conditions of approval. The motion was SECONDED by COMMISSIONER WATKINS. Close Regular Meeting: Open Public Hearing: Barry Still spoke in favor of the request. Close Public Hearing: Open Regular Meeting: Commission discussion on fire districts. CONDITIONS OF APPROVAL 1. Obtain approval for access to State maintained rights -of -way from the State of Alaska Department of Transportation and Public Facilities prior to final plat approval. 2. Engineering and soils testing for Lots 1 through 11 and Tract A, Seaview Estates must be provided prior to final approval, documenting that this subdivision design can satisfy ADEC requirements for onsite well and septic systems. 3. Submit a solid waste disposal plan for review and approval by the Engineering and Facilities Department, prior to final plat approval. 4. Provide the documentation required in KIBC 16.40.080 for private road easements, which shall be reviewed by the Planning and Zoning Commission at a public hearing prior to final approval of the subdivision; or, in the alternative, obtain acceptance of a road dedication by the Kodiak Island Borough Engineering and Facilities Department and obtain approval of the Kodiak Island Borough May 21, 2008 P &Z Meeting Minutes Page 3 of 9 Mr. Darlo Dayton 11883 S. Russian Creek Road Kodiak, AK 99615 Re: Case 08 -023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision, and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. Dear Mr. Dayton: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on May 21, 2008 approved your request but postponed adoption of Findings of Fact in support of their decision until their June 18, 2008 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496 -9363. Sincerely, `1 Sheila Smith Secretary CC: Mr. Fields Mr. Kuljis Mr. Lindsey Mr. Bob Tarrant Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us May 27, 2008 This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, May 14, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 21, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: Public Hearing Item VI -A 08 -023 Darlo Dayton, Duncan Fields, Andy Kuljis, & Rob Lindsey Bob Tarrant & Rob Lindsey A rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business IQ RR1 -Rural Residential One. 11883, 11967, 11945, and 11723 S. Russian Creek Road B- Business Current: Location 11883, 11967, 11945, & 11723 S. Russian Creek Rd. Agenda Item # VI A P & Z Case # 08 -023 Dario Dayton, Duncan Fields, Andy Kuljis, & Rob Lindsey Request a rezone, according to KIBC 17.72.030 and 17.72.030.C. from B- Business to RR1 -Rural Residential One. Legend subject parcels notification area 0 375 750 Feet 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 infannadon:USGS Digital Elevation Model Kodiak, Naska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information le taken from selected fields in the current computerized property records in the Assessing Dept. This data hae not been reconciled with data contained In manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. NOTES 1. YAAA. AMIN A I r NMI. • AP ANIMA MIA A MIr1M RAM M Y• AMMN AM AMA M MM. MAL AK I ARAM or NIMM A ALL YAM MOA AMMO AMMO AMMAMINO A AI AV AMMA AAAMMA All AMAI MALAY AM AAMM N IM YAM AMMO? r MAIIIMIIIL ANN M IIMI NIASAM M,• /AL A mama MILL I INMAN/ A' All Kt AM MAIM MAMA MMIO• MAIM AAMMMMr1M AIM AMR A. •I/MMAN AMMMMI r AId'A' AAMr1M ANAL rr> MAIM AMP AMMIE. MN AV ♦AMMM Ar OMIERSNIP AFFILUYIT r AAAMM AII MI' Aar r M Aswim r M AMMMIr MOM MI AMAM AMMMf rLMM MOAN MAIM -Aw AL•r NM AMMII AM ANN NAM. M NANri /MM,M I AA ANN MN NOTARY'S AAYMOACE y AMM I AMA MI AM AM 1• A III MI V r TAX CERTIFICATE LE61EM7 nl►.MIMM r l Aran A LMAIM • MAIM Om I A A NI OM IMAM rAUr AI AL NM r IA AMA MAO IMAM AI M AAVM, MM Or Amor ANA AMRJ♦MII ALAS LE64L DESCRIPTION war •. • Amor AM, AuAA AMMMMIr /mew maw, IMAM ▪ Of NA M AMA AMMII MMMIr, • AM INIM ANNA MM AM NAM • AAIMw Mr ASIA A • AMY 0 AMrrrr AAMM AM AI••7 • IA• 4 AM AA,MAM••MM AIM MLA. AM r 4 4; crwa.rrmN AMA7MY I/ AI /III My[ MOW .1 K ?1S, AMA L9r AI LIMN r AM IN N MINA NM: AM IV• NNW r AAAMMMr AM AI AMMO/ MOM meow M A A. AMMMI MI AM AIWA AM AI AMA MIAMI A. M1r1 # IMAM N I AN AAN M LIIrfM /Y ams tNOTARY'S ACKNOAC4196A07V7: - AMMMMI M AMp II MMIII All IL M +A S AMMAMM MAW IMAM OVVOGV M RAIYMlM AM .m AW CaVAM1/Ok ILECFAe, - `` _ AA 7 KWJl: z2IVI OMAYIW �MrI� an__ _____ 9-QC AM Al Ar1Y M MAN A M A AM MAIM .0 MNIALMM AM IN AMMAN AM AM 1/4 air ar jot Aar— iaazw aar 'lfa. o r m k6. off��-- V fl our L•LI ML Ar�AMRM,IM.M arAM4 /a. agattailVia2=CFACC WNW MINN AM • AM A■RrA•bA• M L MM A ~Mr LAY AMMAN AM All ARIA r AMA AA OW AIN All ANIMA • ANN Amor A/ M MOM ,a4 • M 4 Mfr AA • nYAMA waft Am.,AIMr AI NMI I AM ALL AMMMMMMM w ARM MAMA AM SWIM AMAAMAMAM•• Am PREPAAC77 FOR' ALAMA AAM LAM rim AMIMM mow me mart a_ AM SUIRI IVIA3V OM' ANCT 'L • INAPItAN "t:.••••••.:9 A( DOW .41-411r4 SCNIYA7M4 mw :1; li •••',M grA Or J MO t AMOr AMMCfrA7A7r TAfCT'A' a/ 71114CT'i • R, C.4.1 AK Aff07182INS 0.1S7717C1 MAT ALAI III-Of MMMM AI ••• Y AM 0MIA1 LA MM M. MEN, rr Case Number Ord. Number Summary Date 06 -014 2006 -12 Rezone of Tract 0, Russian Creek Alaska Sub, from B - Business to RR -1 Rural Residential Zoning District. July 6, 2006 86 -025 86 -23 -0 Rezone of Lot 1, Block 2, Russian Creek Alaska Sub. From RR1 -Rural Residential One to PL- Public Use Land. June 5, 1986 83 -067 NA Request to rezone Tract E -1, Russian Creek Alaska Sub. from RR -Rural Residential to B- Business. (DENIED by the Planning and Zoning Commission) June 15, 1983 83 -026 83 -31 -0 Rezone of certain lands in Russian Creek Alaska Sub. From C- Conservation to RR1- Rural Residential One. - May 5, 1983 82 -150 83 -21 -0 Rezone of portions of Womans Bay Community in accordance with the adopted comprehensive plan for areas that are designated for PL- Public Use Land. March 3, 1983 Z -81 -001 NA Request to rezone Lot 24, Block 1, Russian Creek Alaska Sub. B- Business to I- Industrial. February 18, 1981 DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Thirty Nine (39 2008. Date of site visit: 1. Zoning History: Case 08- 011 /Staff Report MEMORANDUM May 12, 2008 Planning and Zoning Commission Bud Cassidy, Director CDD Information for the May 21 Regular Meeting 08 -023 Dario Dayton, Duncan Fields, Andy Kuljis, and Rob Lindsey A rezone, in accordance with KIB Code Section 17.72 of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. 11883, 11967, 11945 and 11723 South Russian Creek Road of the Tots B- Business public hearing notices related to this request were mailed on April 23, Page 1 of 10 Public Hearing Item VI -A Various P & Z: February 20, 2008 Public Hearing Item VI - A 2. Lot Size: Tr 'K', Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 3. Existing Land Use: Tr 'K' Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 4. Surrounding Land Use and Zoning: North: Multiple Parcels 9.16 acres 1.14 acres 1.44 acres 8.07 acres Total 19.81 acres Open Storage /residential Vacant Business Misc buildings Case 08- 011 /Staff Report Page 2 of 10 P & Z: February 20, 2008 (DENIED by the Planning and Zoning Commission) Z -80 -042 NA Request to rezone Lots 1 through 15, Block 1, Russian Creek Alaska Sub. from B- Business to RR -Rural Residential. (DENIED by the Planning and Zoning Commission) November 19, 1980 324 74 -31 -0 Rezone of Tracts G through 0 in the Russian Creek Alaska Sub. from Unclassified to B- Business. August 1, 1974 213 -A 69 -30 -0 Zoning the area known as Bell's Flats, Bell's Flats Subdivision and Russian Creek Subdivision Unclassified except for certain areas to be zoned I- Industrial. January 18, 1970 Public Hearing Item VI - A 2. Lot Size: Tr 'K', Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 3. Existing Land Use: Tr 'K' Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 4. Surrounding Land Use and Zoning: North: Multiple Parcels 9.16 acres 1.14 acres 1.44 acres 8.07 acres Total 19.81 acres Open Storage /residential Vacant Business Misc buildings Case 08- 011 /Staff Report Page 2 of 10 P & Z: February 20, 2008 Use: Zoning: South: Multiple Use: Zoning: East: Multiple Use: Zoning: West: Multiple Use: Zoning: 5. Comprehensive Plan: Mixed Business /residential B - Business Zoning District Parcels Business Business Zoning District Parcels Business /Undeveloped B- Business, C- Conservation Parcels Roadway (South Russian Creek) /Residential RR1 -Rural Residential One Public Hearing Item VI - A The 2007 Womans Bay Community Plan depicts the rezone area as B - Business Zoning District and indicates generally that residential and commercial uses will be segregated, and that the Russian Creek side of the Womans Bay Community will remain the designated commercial area. The Plan notes: "The preferred development pattern continues to focus new business development in areas that have traditionally served such a purpose, though in an improved physical arrangement and a renewed emphasis on design and development standards. The community's business center will continue to be the area along Chiniak Highway." ....." "Other business activities may be accommodated in a second location. This area should offer neighborhood services such as day care that are small in scale and compatible to the surrounding residential uses." 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 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the com rehensive lan. 6. Applicable Regulations: KIBC 17.22.110 Nonconformities. Regulations for nonconformities (lots, uses and structures) are contained in chapter 17.36 of this title. (Ord. 92 -13 '3, 1992). This section is included because the business uses that presently occur on those lots if rezoned residential will now be termed "Non — Case 08- 011 /Staff Report Page 3 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A Conforming uses. That is a business will be allowed to occur in a residential zone use, but with restrictions KIBC 17.72.030 Manner of Initiation. Changes in this title may be initiated in the following manner: *C. By petition of one (1) 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 department, 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. Under 17.72.060 Hearing determination, The burden of the applicants in requesting this change in rezoning is for them to meet the following test: Is there a "public necessity, convenience, general welfare and good zoning practice" case to be made to rezone this parcel. There is also a burden that the zoning change requested be supported by the Comprehensive Plan. All rezoning cases, because it is a change in the zoning map, requires additional public hearing and approval by the Assembly. 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 17/2.070, 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. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial /Industrial Development 1. Natural Features Case 08- 011 /Staff Report Page 4 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. This action will result in no change in public access to the shoreline nor adversely impact scenic views. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. KIBC 17.21.050 (C) Performance Standards states that business use adjacent to residential uses require screening to be provided subject to review and approval by the commission. Consistent: N /A. This area is a long established commercial zoned area. The proposed rezone may, if approved, affect the range of uses allowed in Case 08-011 /Staff Report Page 5 of 10 P & Z: February 20, 2008 the area; it may require business to however it is still intended to be predominantly commercial in nature. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N /A. No accessory development is proposed along the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. Residential Development 1. Location In areas with poorly- draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Case 08 011 /Staff Report Yes. The proposed rezone is intended to address the desire for residential development in this area and in so doing recognize the fact that the area is dependent on the installation of onsite water and wastewater systems, which is not taken into account by the current B- Business District zoning. COMMENTS Public Hearing Item VI -A INTRODUCTION The general concept of rezoning a portion of the Womens Bay "Business Zoned Island" into residential zoning has been heard by the Commission a number of times in the past. This case is an expansion of the case heard by the commission a couple of month ago with the addition of a second tract of land (Tract K) which is immediately adjacent to and immediately north of the Darlo Dayton request. Mr. Dayton has also included his two smaller properties (Lot 1 & 2, Dayton Subdivision) into the mix along with his remainder parcel (Tract A of Tract L) that he has sought residential rezoning in the past. The total request for this rezone is 19.81 acres. Page 6 of 10 P & Z: February 20, 2008 Legal Description ANSWERS TO QUESTIONS 1. COMPREHENSIVE PLAN Area Use Public Hearing Item VI - A • Lot 1, Dayton Subdivision 1.14 ac Vacant • Lot 2, Dayton Subdivision 1.44 ac Feed Store • Tract A of Tract L RCAS 8.07 ac Cabin and house • Tract K, RCAS 9.16 ac Outside Storage Total Acreage 19.81 ac QUESTIONS TO BE DEBATED The debate surrounding this case should be viewed by answering the following questions: 1. The 2007 Womens Bay Comprehensive Plan and the 2007 Kodiak Island Borough Comprehensive Plans show the future use of this area is to remain zoned for B - Business. 2. Is future need for business land identified in this area more important than the present need for residential? 3. Did the applicants make a sufficient case that by this action, there is a "public necessity, convenience, general welfare and good zoning practice" associated with the rezoning of these parcels from B- Business to RR1 — Rural Residential. 4. There is also a burden that the zoning change requested be supported by the Comprehensive Plan. All rezoning cases, because it is a change in the zoning map, requires additional public hearing and approval by the Assembly The 2008 Island Wide Comprehensive Plan identifies this area for "business" use. The plan is absent of any language that there was a desire by the Womens Bay community to change the zoning of this area from the Business zone to a Residential zoning district. In fact, there is specific mention in the plan about "keeping business areas separate from residential ". This long held concept of creating an existing "island" of business zoned in fact makes sense and makes it easy to keep uses incompatible'uses separated. Though this area of the business island is arguably underutilized, in the past it was active with the storage of fishing gear as "open storage. But planning, especially comprehensive planning is about future uses and reserving sufficient business zoned land for future development is important. Nothing came up at the comprehensive planning meeting or workshops about this concern. This is where those kinds of issues if important to the Womens Bay community would have been raised and discussed. Case 08-011 /Staff Report Page 7 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A 2. BUSINESS ZONING VS RESIDENTIAL ZONING The total amount of business zone area in Russian Creek is approximately 90 acres in size. Is that amount of business zoned land proportional to the size of the Womens Bay community? Will 90 acres of business zoned land service the business needs of the Womens Bay community, Lash Dock development or future Kodiak business needs? It is important that open storage is a permitted use in the business district. Based on KIB records, there are 39 vacant lots that are zoned RR1 in the Womens Bay area. The vacant lots total 122 acres. If zoned residential, a number of legitimate business uses would become "non- conforming uses" That means that any future expansion of that use would be limited or prohibited. 3. DID THE APPLICANT MAKE A CASE THAT THE ZONING REQUEST IS IN THE BEST INTEREST OF THE COMMMUNITY? The applicants have not made the compelling case that a rezone is in the best interest of the Womens Bay or the larger Kodiak community. Though a rezone to residential may allow these parcels to be sold, the ability to sell the parcel or receive what might be thought of as a return on investment is not a compelling reason. The Basis of a rezone is fund in the comprehensive planning process, where the pieces of a town are pieced together to make a community that is logical in its segregated uses. Property ownership by individuals is a freedom we enjoy, but how they are divided and used is a community interest. 4. DOES THE COMPREHENSIVE PLAN SUPPORT THE APPLICANTS? The 2007 Womens Bay Comprehensive Plan nor the 2008 Kodiak Island Borough Comprehensive Plan makes any mention of the need to change the zoning and use of this area. The zoning categories and layout in Womens Bay is one that is organized, understood and supported by the public. And the desirable future character and pattern of development is known. CONFORMANCE WITH THE COMPREHENSIVE PLAN: As stated above, the request is inconsistent with the comprehensive plan. A change in the zoning will create a number of non - conforming uses for the business use that is legitimate occurring. A rezone will require bring residential use into contact with the noise, light and activity that occurs in a business zone ZONING /USE: The area is characterized as a mixed use of business, open storage and residential use. Because this side of the business island is away from the Chiniak Highway, it is not noted for high business traffic. There has been a much greater emphasis on home based business and residential use in general. Case 08-011 /Staff Report Page 8 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A LAND SUITABILITY: The area is substantially affected by wetland conditions. Some areas have been filled in over the years; however, current filling requirements by the U.S. Army Corps of Engineers may restrict the ability to fill the remaining land in the proposed rezone area. This is particularly true for the remaining large tracts located in the interior of the 'subdivision. A change to a more residential zoning will bring a need for onsite water and wastewater systems RECENT DEVELOPMENT TRENDS IN THE AREA: Lately, there has been a preference for lodging in the vicinity (the most recent activity is the development of a roadhouse structure at the old Rip — Tec lumber supply store). Residential development has occurred around the corner on Lot 88888. But open storage remains the primarily use. This use can only occur on Business —zoned property. TRAFFIC IMPACTS: The types of uses allowed in the B- Business zoning district are intended to provide a full range of commercial activities, many of which are intended to provide services to the public outside of the Womans Bay Community. RECOMMENDATION Staff recommends that the Comprehensive Plan guide the Commission in its decision. There may be a strong tug to change this area to residential, but the community had two shots to discuss rezoning this "business island" to something other than what it is currently zoned but chose not to do so. That in itself is a strong statement because we know how engaged the Womens Bay Community in the process of both the 2006 Womens Bay Comprehensive Plan and the 2008 Island -wide Comprehensive Plan. But that being said, the Commission has the prerogative to adjust the boundaries of the rezone area, just as it has the ability to initiate investigations in cases as this. Should that be the case, the commission should weigh this rezone against how many vacant residential lots presently exist. Motion #1 Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B - Business to RR -1 Rural Residential One Zoning, and Case 08- 011 /Staff Report APPROPRIATE MOTIONS Page 9 of 10 P & Z: February 20, 2008 Motion #2 to adopt the "Findings of Fact" in the staff report dated May 12, 2008, in support of this recommendation. STAFF RECOMMNEDATION Staff recommends denial of this motion. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. No justification for the rezone has been offered, nor has any need for the rezone been shown. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plana The RR1 -Rural Residential One zone is inconsistent with the preferred development pattern as expressed in the 2007 Womens Bay Community Plan or the 2008 Kodiak Island Borough Comprehensive Plan. APPROPRIATE MOTION Move to adopt the findings of fact as spelled out in the May 12 staff report STAFF RECOMMNEDATION Staff recommends approval of this motion. Case 08- 011 /Staff Report Public Hearing Item VI -A Page 10 of 10 P & Z: February 20, 2008 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Kodiak, AK 99615 COMMUNIN DEVELOPMENT DEPARTMENT J Duncan Fields P.O. Box 25 Kodiak, AK 99615 May 13, 2008 Re: Rezone Request Tract K and Tract L, Russian Creek Dear Planning Dept. and P &Z Commission, I am one of the petitioners for the rezone of Tracts K and L in the Russian Creek subdivision in Bells Flats. My Dad and I along with Bernie Lindsey were the original purchasers of tract K at auction. At the time, way back in the 80s, it seemed like businesses would be moving to the Flats and the "business" zoning made sense. However, in the intervening years, we've seen few businesses develop outside of Kodiak's core area and many of the small businesses that have tried to locate in Bells Flats have failed. Those businesses that have survived are primarily along West Rezaonf Drive. In addition, many of the adjacent and neighboring properties to tracts K and L have been rezoned or have been used exclusively for residential purposes. Finally, even if these parcels were used for business, those businesses would likely locate along South Russian Creek road and much of each parcel would remain unused since that part of the parcels that is away from the road is impractical for most business uses. (See, for example, the current use of tract L with limited business use along the road and the remainder of the parcel used for residential.) All of these reasons would justify a rezone of the property. The use expectations at the time of the original plan and platting simply haven't been realized and its time to adjust those expectations. I am aware that the Commission generally only takes testimony at the regular meeting and not the work session. Nevertheless, since I may have a scheduling conflict next week, I wanted the commission to be aware of the basis for my rezone request. If you or the staff have any additional questions, please do not hesitate to contact me. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 17, 2008 REGULAR MEETING ITEM NO: 13.C.3 TITLE: Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to incorporate the Kodiak Island Borough Coastal Management Program Plan Update. SUMMARY: The consultant, the Planning & Zoning Commission and staff have worked to develop a plan that expresses the wishes and desires of borough residents regarding future development in the coastal areas of the Kodiak region. This plan has been approved by the Alaska Department of Natural Resources (ADNR) and the Federal Office of Coastal Resource Management (OCRM) so it is not possible to consider any further amendments at this time. In order to make the plan enforceable however, and restore the borough's "place at the table" during coastal project reviews, it is contingent upon the adoption of this plan update. As a second class borough, the KIB does have land use regulation authority through its planning and zoning powers. There are many exceptions however where that authority does not extend such as off -shore (within the borough 3 -mile boundary limit), on the Coast Guard Base, at the Kodiak Launch Complex, etc. In many instances the KIB Coastal Management Program, and the related State of Alaska Regulations from which they are derived, may have more to do with development located outside of established communities than our own local zoning authority. Staff recommends the adoption of the KIB Coastal Management Program Plan Update and passage of this ordinance for codification. FISCAL NOTES: Account No.: NA Amount Budgeted: NA Expenditure Required: NA APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -04 in first reading to advance to public hearing on August 7, 2008. CORRECTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -04 Introduced by: Assembly Requested by: Manager Gifford Drafted by: Comm. Dev. Dept. Introduced: 07/17/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 17 ZONING OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES BY AMENDING SECTION 17.02.030 COMPREHENSIVE PLAN TO INCORPORATE THE KODIAK ISLAND BOROUGH COASTAL MANAGEMENT PLAN UPDATE WHEREAS, an update to the Kodiak Island Borough Coastal Management Program Plan was mandated by the State of Alaska in 2003 as a result of HB 191; and WHEREAS, borough staff engaged the services of a qualified consultant in 2004 at the beginning of the plan update process; and WHEREAS, the plan update process was made more difficult by the many changes to DNR staff that were also related to the implementation of HB191; and WHEREAS, the Kodiak Island Borough has had a completed plan since February 2006, however due to disagreements over the nature of enforceable policies that the borough would be allowed to have in its plan, several substantial revisions were required in order to obtain a plan that was approvable by ADNR and thus forwarded on to the federal Office of Coastal Resource Management; and WHEREAS, the borough's former coastal management plan has long been sun - setted since September 1, 2007, leaving the borough without a "place at the table" when coastal development projects were being reviewed by other state and federal resource and regulatory agencies; and WHEREAS, the Assembly can now correct that situation by enacting this plan update and restoring the borough coastal district to a fully functional state. NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances Section 2: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended as follows: 17.02.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated (tho date of adoption) December 6, 2007 prepared by Cogan, Owens, Cogan and the Kodiak Island Borough. Kodiak Island Borough Ordinance No. FY2009 -04 Page 1 of 3 CORRECTED VERSION B. Karluk Village Relocation Plan. Prepared by Management and Planning Services. (Adopted by Resolution No. 78 -64 -R, dated October 5, 1978); C. Near Island Comprehensive Development Plan. Prepared by the Near Island Task Force, City of Kodiak and the Kodiak Island Borough, dated August 27, 1987. (Adopted by Ordinance No. 87 -31 -0, dated November 5, 1987); D. Kodiak Island Borough Comprehensive Parks and Recreation Plan. Prepared by Kramer, Chin and Mayo. (Adopted by Ordinance No. 79 -9 -0, dated January 9, 1981); E. 1997 Port Lions Comprehensive Development Plan. Originally prepared by Environmental Science and Engineering in 1981. (Ord. 97 -24 '2, 1997; Adopted by Resolution No. 82 -6 -R, dated January 6, 1982); F. Womens Bay Community Plan. Prepared by Womens Bay community and Kodiak Island Borough community development department. (Adopted by Recolution No. 82 17 R Ordinance G. Coastal Management Program Update, prepared by Glenn Gray & Associates and the Kodiak Island Borough; dated (the date of adoption). H. City of Larsen Bay Comprehensive Development Plan. Prepared by Norgaard Consultants. (Adopted by Resolution No. 84- 117 -R, dated November 1, 1984); I. City of Ouzinkie Comprehensive Development Plan. Prepared by Norgaard Consultants. (Adopted by Resolution No. 84- 118 -R, dated November 1, 1984); J. Karluk Comprehensive Development Plan. Prepared by Norgaard Consultants. (Adopted by Resolution No. 85 -14 -R, dated February 7, 1985); K. Monashka Bay Comprehensive Plan. Prepared by the Monashka Bay planning group and the Kodiak Island Borough community development department. (Adopted by Resolution No. 85 -48 -R, dated June 6, 1985); L. Shuyak Island Comprehensive Plan. Prepared by the Kodiak Island Borough, dated July 1986. (Adopted by Ordinance No. 86 -19 -0, dated September 4, 1986); M. Akhiok Comprehensive Plan and Capital Improvement Program. Prepared by the Kodiak Island Borough, dated September 1986. (Adopted by Ordinance No. 86 -41 -0, dated November 6, 1986); N. Chiniak Comprehensive Plan. Prepared by the Kodiak Island Borough and the Chiniak Community Forum, dated May 1987. (Adopted by Ordinance 87 -22 -0, dated July 7, 1987); 0. Old Harbor, City of Three Saints, Comprehensive Plan and Capital Improvements Program, Public Hearing Draft June 1989; P. Lakeside Subdivision /Safeway Subarea Land Use Plan dated October, 1991. Prepared by the Kodiak Island Borough. (Adopted by Ordinance No. 91 -31, dated November 21, 1991); and Kodiak Island Borough Ordinance No. FY2009 -04 Page 2 of 3 CORRECTED VERSION Q. Urban Islands Comprehensive Plan, Public Hearing Draft, dated April, 1993. Prepared by the Kodiak Island Borough community development department. R. Pasagshak/Narrow Cape Area Plan, dated June 1999, prepared by the Kodiak Island Borough. (Ord. 99 -05 '2, 1999; Ord 93 -37 '2, 1993; Ord. 91 -31 -0 '2, 1991; Ord. 89 -34 -0 '2, 1989; Ord. 87 -31 -0 '3 , 1987; Ord. 87 -22 -0 '2, 1987; Ord. 86 -41 -0 '2, 1986; Ord. 86 -19 -0 '2, 1986; Ord. 85 -19 -0 '1(part), 1985; Ord. 85 -9 -0 '1(part), 1985; Ord. 84 -67 -0 '1(part), 1984; Ord. 84 -9 -0, 1984; Ord. 82 -44 -0 '1 (part), 1982). ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Ordinance No. FY2009 -04 Page 3of3 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -04 Introduced by: Assembly Requested by: Manager Gifford Drafted by: Comm. Dev. Dept. Introduced: 07/17/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 17 ZONING OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES BY AMENDING SECTION 17.02.030 COMPREHENSIVE PLAN TO INCORPORATE THE KODIAK ISLAND BOROUGH COASTAL MANAGEMENT PLAN UPDATE WHEREAS, an update to the Kodiak Island Borough Coastal Management Program Plan was mandated by the State of Alaska in 2003 as a result of HB 191; and WHEREAS, borough staff engaged the services of a qualified consultant in 2004 at the beginning of the plan update process; and WHEREAS, the plan update process was made more difficult by the many changes to DNR staff that were also related to the implementation of HB191; and WHEREAS, the Kodiak Island Borough has had a completed plan since February 2006, however due to disagreements over the nature of enforceable policies that the borough would be allowed to have in its plan, several substantial revisions were required in order to obtain a plan that was approvable by ADNR and thus forwarded on to the federal Office of Coastal Resource Management; and WHEREAS, the borough's former coastal management plan has long been sun - setted since September 1, 2007, leaving the borough without a "place at the table" when coastal development projects were being reviewed by other state and federal resource and regulatory agencies; and WHEREAS, the Assembly can now correct that situation by enacting this plan update and restoring the borough coastal district to a fully functional state. NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances, Section 2: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended as follows: 17.02.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated December 6, 2007 prepared by Cogan, Owens, Cogan and the Kodiak Island Borough. Kodiak Island Borough Ordinance No. FY2009 -04 Page 1 of 3 B. Karluk Village Relocation Plan. Prepared by Management and Planning Services. (Adopted by Resolution No. 78 -64-R, dated October 5, 1978); C. Near Island Comprehensive Development Plan. Prepared by the Near Island Task Force, City of Kodiak and the Kodiak Island Borough, dated August 27, 1987. (Adopted by Ordinance No. 87 -31 -0, dated November 5, 1987); D. Kodiak Island Borough Comprehensive Parks and Recreation Plan. Prepared by Kramer, Chin and Mayo. (Adopted by Ordinance No. 79 -9 -0, dated January 9, 1981); E. 1997 Port Lions Comprehensive Development Plan. Originally prepared by Environmental Science and Engineering in 1981. (Ord. 97 -24 2, 1997; Adopted by Resolution No. 82 -6 -R, dated January 6, 1982); F. Womens Bay Community Plan. Prepared by Womens Bay community and Kodiak Island Borough community development department. (Adopted by Resolution No,--82 17 R, dated r ` 4),J11, G)h - d. // P ..7f'a 7 -/ G. Coastal Management Program Update, prepared by Glenn Gray & Associates and the Kodiak Island Borough; dated (the date of adoption). H. City of Larsen Bay Comprehensive Development Plan. Prepared by Norgaard Consultants. (Adopted by Resolution No. 84- 117 -R, dated November 1, 1984); I. City of Ouzinkie Comprehensive Development Plan. Prepared by Norgaard Consultants. (Adopted by Resolution No. 84- 118 -R, dated November 1, 1984); J. Karluk Comprehensive Development Plan. Prepared by Norgaard Consultants. (Adopted by Resolution No. 85 -14 -R, dated February 7, 1985); K. Monashka Bay Comprehensive Plan. Prepared by the Monashka Bay planning group and the Kodiak Island Borough community development department. (Adopted by Resolution No. 85 -48 -R, dated June 6, 1985); L. Shuyak Island Comprehensive Plan. Prepared by the Kodiak Island Borough, dated July 1986. (Adopted by Ordinance No. 86 -19 -0, dated September 4, 1986); M. Akhiok Comprehensive Plan and Capital Improvement Program. Prepared by the Kodiak Island Borough, dated September 1986. (Adopted by Ordinance No. 86 -41 -0, dated November 6, 1986); N. Chiniak Comprehensive Plan. Prepared by the Kodiak Island Borough and the Chiniak Community Forum, dated May 1987. (Adopted by Ordinance 87 -22 -0, dated July 7, 1987); 0. Old Harbor, City of Three Saints, Comprehensive Plan and Capital Improvements Program, Public Hearing Draft June 1989; P. Lakeside Subdivision /Safeway Subarea Land Use Plan dated October, 1991. Prepared by the Kodiak Island Borough. (Adopted by Ordinance No. 91 -31, dated November 21, 1991); and Kodiak Island Borough Ordinance No. FY2009 -04 Page 2 of 3 Q. Urban Islands Comprehensive Plan, Public Hearing Draft, dated April, 1993. Prepared by the Kodiak Island Borough community development department. R. Pasagshak/Narrow Cape Area Plan, dated June 1999, prepared by the Kodiak Island Borough. (Ord. 99 -05 '2, 1999; Ord 93 -37 '2, 1993; Ord. 91 -31 -0 '2, 1991; Ord. 89 -34 -0 '2, 1989; Ord. 87 -31 -0 '3 , 1987; Ord. 87 -22 -0 '2, 1987; Ord. 86 -41 -0 '2, 1986; Ord. 86 -19 -0 '2, 1986; Ord. 85 -19 -0 '1(part), 1985; Ord. 85 -9 -0 '1(part), 1985; Ord. 84 -67 -0 ' 1(part), 1984; Ord. 84 -9 -0, 1984; Ord. 82 -44 -0 '1 (part), 1982). ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Ordinance No. FY2009 -04 Page 3 of 3 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Memorandum Date: July 2, 2008 To: Kodiak Island Borough Assembly Thru: Rick Gifford, Borough Manager Thru: Bud Cassidy, Director, CDD From: Duane Dvorak, Associate Planner, CDD RE: General comments to accompany the Kodiak Island Borough Coastal Management Program Plan Update, proposed KIB Ord. No. 2009 -04 This memorandum is intended to facilitate adoption of the updated KIB Coastal Management Program Plan as approved by the federal Office of Coastal Resource Management (OCRM) in February 2008. It has taken several months to get the final version of the plan back from ADNR which made some last minute changes which were not documented in our final submitted version. Due to ADNR staff changes during the protracted review period, it took several months to locate the updated final documents that went to OCRM. Staff has assembled the entire plan and associated appendices which are contained in two three ring binders that were given to the Borough Clerk's Office. Although the cover indicates July 2007, there were in fact a number of changes to the plan after this date that were required by ADNR to put more enforceable policies back into the Borough's plan. OPMP completed their review in the fall of 2007 and recommended that only one enforceable coastal policy be allowed. The enforceable policies that were added back in to the plan are not, for the most part, the same policies that were previously denied by OPMP. They are policies which closely mirror the state regulations that resulted from HB 191, and which became law under the Murkowski Administration in 2004. Although the intentions of HB 191 were to make the plan more transparent and user friendly to the public and the development community, the end result may not have succeeded on this point. Another goal of the coastal plan revision process was to make all plans statewide more consistent with one another. This will help simplify the more centralized development permitting and review process now focused in the Alaska Department of Natural Resources. The intent is to make it easier for ADNR to review and permit development projects around the state because the enforceable policies around the state will be very similar, if not identical. The approved plan represents a tremendous effort on the part of the community, the Planning & Zoning Commission and staff. Several rounds of meetings were held, and the borough engaged a qualified consultant (Glenn Gray & Associates) who did the bulk of the plan drafting and research. It is important to adopt this approved plan in order to restore the Kodiak Island Borough's "place at the table" when coastal development is being considered by other state and federal agencies. The 1983 Kodiak Island Borough Coastal Management Plan was terminated by law on September 1, 2007, so the borough has been without a plan now for about three- quarters of a year. Although the borough has other land use regulatory powers, only the coastal management program gives the borough an opportunity to comment on off- shore activity, federal development in the refuge and on the coast guard base, development at the KLC and other unique areas which zoning may not apply to. It has been more than 25 years since the borough adopted its last coastal management program plan. Even though this update was mandated to the Kodiak Island Borough and all other coastal districts, the fact remains that the borough was long overdue for an update to its coastal plan and policies. DNR is already working on a re- evaluation of the program to see whether some changes may be advisable to roll back some of the 2003 changes, but that process will be a long time developing and it would behoove the borough to have this plan on the books in order to have legal standing if a major coastal development project was proposed in the Kodiak region tomorrow. What does the new plan bring to the table for the residents of Kodiak? A few significant points come to mind, although there are certainly more that could be listed: 1. A "place at the table" when other federal and state agencies are considering major developments within the KIB. 2. Enforceable policies upon which to evaluate proposed developments for consistency. 3. A simple and transparent review process for citizens and developers when large scale coastal developments are proposed. 4. Compiled and updated resource information for the borough, bringing together a large and diverse set of coastal information related to coastal environments and activities. 5. The plan update provides a much needed re -write of plan assumptions and policies that have become outdated over the past 25 years. CONCLUSION The Kodiak Island Borough needs to adopt a new Coastal Management Program Plan in order to be fully functional as a coastal district. Currently, staff can only use the applicable state regulations in order to evaluate projects, which is a duplication of effort with the DNR permit reviewers. In addition, the statewide regulations have no sense of location with regard to unique communities or environments that may be identified in the Kodiak Archipelago. Having a local plan will make that information and the related policies which were written to address Kodiak economy and quality of life issues available to staff and the community as a resource in future coastal project reviews. Per Borough Code: FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 17, 2008 REGULAR MEETING TITLE: Declaring a Seat on the Service Area No. 1 Board Vacant SUMMARY: Ms. Peggy Tuttle and her family moved from Kodiak in June 2008. A resignation letter was not submitted and the Board has not notified the Clerk's office of the resignation. Service Area No. 1 Board and staff have been informed that this item is on the agenda. 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when: 2. a member departs the borough intending to remain outside the borough for ninety (90) days or more; al ITEM NO: 13.D.1 RECOMMENDED MOTION: Move to declare, with regret, the seat held by Peggy Tuttle on the Service Area No. 1 Board for a term to expire October 2009 vacant. Name KODIAK ISLAND BOROUGH Term Home Phone Work Phone Email Charles Lorenson, Chair 2009 486 -5144 486 -5975 4055 Briggs Court 539 -1506 P.O. Box 3527 Kodiak, AK 99615 Dennis Symmons, Vice Chair 2010 486 -1045 654 -1045 4325 Anton Way - Rezanof P.O. Box 8957 Kodiak, AK 99615 wildiris@ptialaska.net Sharon Lea Adinolfi 2008 481 -2799 486 -9349 elvisl1Ca�gci.net 566 Perez Way Kodiak AK 99615 Kevin Arndt 2008 539 -2500 486 -9799 kevin.arndtalycos.com 3543 Harlequin Court 486- 5573(fax) P.O. Box 2338 486 -6650 (pager) Kodiak, AK 99615 Scott Arndt 2010 481 -3745 486 -3745 sIa3745(a).yahoo.com 3584 Sharatin Road 481 -3333 (fax) P.O. Box 76 486 -0500 (pager) Kodiak, AK 99615 Ed Mahoney 2008 486 -5759 539 -1234 cell buildersAptialaska.net P.O. Box 2281 Kodiak, AK 99615 Peggy Tuttle 2009 486 -8311 539 -2283 chrispegak @hotmail.com 390 Plover Way Kodiak, AK 99615 Staff: Mary Barber 486 -9343 Secretary III 486 -9394 Fax Engineering and Facilities Revision date: 11/16/2007 Revised by: jk mbarber a(�,kodiakak.us TITLE: Declaring a Seat on the Womens Bay Service Area Board Vacant. SUMMARY: Mr. John Spencer Schaeffer has submitted his letter of resignation to the Womens Bay Service Area Board effective June 30, 2008. Per Borough Code: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 17, 2008 REGULAR MEETING ITEM NO: 13.D.2 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when: 3. a member submits a resignation accepted by the assembly. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to declare, with regret, the seat held by John Spencer Schaeffer on the Womens Bay Service Area Board for a term to expire October 2008 vacant. x_ SD act353 v.) 0 t3 Ls-NZ, t•C".C4-4•JS P•k- Ik.1› 6 —`303 'sr:otwit Name John Isadore, Chair 2008 487 -2876 11102 Alitak PO Box 33 Kodiak, AK 99615 KODIAK ISLAND BOROUGH Term Home Phone Work Phone Email izzvaacsalaska.net George Lee, Vice Chair 2009 487 -2696 487 -5770 kasolee aa,ptialaska.net 171 Otter Avenue Kodiak, AK 99615 Craig S. Breitung 2010 487 -9777 487 -5489 breitbovatt.net 11488 Womans Bay Drive Kodiak, AK 99615 David G. Conrad 2009 487 -2782 davetishacsalaska.net 101 Otter Avenue PO Box 3363 Kodiak, AK 99615 Scott Griffin 597 Sargent Creek Road Kodiak, AK 99615 2008 487 -4034 Jessica Horn 2010 487 -2718 665 Sargent Creek Road Kodiak, AK 99615 Spencer Schaeffer 2008 487 -2765 841 Sargent Creek Road P. O. Box 2133 Kodiak, AK 99615 Dale Rice, Womens Bay Fire Chief Ex- officio /non- voting Womens Bay Fire Hall 538 Sargent Creek Road Kodiak, AK 99615 Revision date: 04/16/2008 Revised by: jk 487 -2589 487 -4312 487 -4312 CALL TO ORDER March 11, 2008 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMIT REGULAR MEETING —MARCH 11,201 MINUTES C ts1 JUN 3 0 2008 8 BUM The regular meeting of the Parks & Recreation Committee was called to order at 7:04 p.m. by ACTING CHAIR SALTONSTALL on March 11, 2008 in the KIB School District Conference Room. ROLL CALL __________________________ ..... - ______ --------------------__ ___________------------- ---____ Committee Members Present Excused Absent Others Present Mike Sirofchuck -Chair X __—___ Bud Cassidy _ Pam Foreman _ _X__ _ _ ____�_ Communes el Dept. Devopment D Hans Tschersich X — Sheila Smith Kevin Foster : X Community Development Jeff Huntley X Patrick Saltonstall X } Andy Schroeder X • _ — Dany Stihl - -- —�- - -- Cassandra Juenger X Lori Demi X . A quorum was established. VICE CHAIR FOREMAN arrived. CHAIR SIROFCHUCK was previously excused until his return on March 22nd. III. APPROVAL OF AGENDA COMMITTEE MEMBER HUNTLEY MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER SCHROEDER, and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING Regular meeting of: • December 11, 2008 Parks & Recreation Committee Meeting Minutes • January 22, 2008 Parks & Recreation Committee Meeting Minutes • February 12, 2008 Parks & Recreation Committee Meeting Minutes COMMITTEE MEMBER HUNTLEY MOVED to approve the minutes of December 11 January 22 " and February 12, 2008. COMMITTEE MEMBER SCHROEDER SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. Parks & Recreation Committee Meeting Minutes Page 1 of 3 OLD BUSINESS A) Winter Use of Urban Lakes & Waterways Cassidy stated the level of activity on Island Lake this year has subsided. Early in the season there was quite a bit of noise but since then it has been fairly quiet. We left off talking drafting some rules. Dany Stihl stated it has also been fairly quiet on Island Lake this year because the people who did come had road appropriate machines. The 4 wheelers gave the skiers the opportunity to skirt along the shore. It's a multi -use area and everyone should have the right to play. During discussion, it was the consensus to have the rules cover Island Lake, Dark Lake, and Mission Lake. COMMITTEE MEMBER FOSTER expressed concern over posting signs with incorrect information and making rules that are non - misleading. Cassidy told the committee that staff will do a Draft Winter Rules of the Lake for them to review at the next meeting. After discussion of possible rules, liability, and whether they should keep hashing it out or have Cassidy put the rules together to bring back for review, it was the consensus to have staff draft the rules close to the summer rules. VICE CHAIR FOREMAN stated she would like to keep it where it comes back next year for review. It was the consensus of the committee to have the following items in the rules: Summer boundaries Time limits Decibels of noise NEW BUSINESS No schedule of days for motorized vs. non - motorized Effective muffler Safety etiquette A) 2006 Foreclosure Review Cassidy reported this is a list of properties that will become borough property shortly. It's before you to see if there are any properties that should be retained as public lands. The Borough has the option to declare a property public, and if it goes through all the motions and timeframe it does become public property, and then we can incorporate it into things like parks, and future sewage treatment plants. It has to go to the Assembly with public hearings held. We just have a list of the properties tonight but we'll have maps for the next meeting. The committee reviewed the list. It will be reviewed further once there are maps. B) Committee Elections COMMITTEE MEMBER SALTONSTALL MOVED to elect Mike Sirofchuck as chair. COMMITTEE MEMBER SCHROEDER SECONDED the motion, and it CARRIED by unanimous voice vote. COMMITTEE MEMBER HUNTLEY MOVED to elect Pam Foreman as vice chair. COMMITTEE MEMBER DEMI SECONDED the motion, and it CARRIED by unanimous voice vote. COMMUNICATIONS A) Letter regarding Off Road Vehicles COMMITTEE MEMBER TSCHERSICH stated what was in the letter. REPORTS A) Meeting schedule: March 11, 2008 Parks & Recreation Committee Meeting Minutes Page 2 of 3 • March 25, 2008 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • April 8, 2008 regular meeting at 7:00 p.m. in the KIB School District Conference Room. There were no further reports. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS VICE CHAIR FOREMAN stated she will be at the next meeting. COMMITTEE MEMBER TSCHERSICH stated the ferry on Near Island was voted down. COMMITTEE MEMBER SCHROEDER said there is an Island Trails Network meeting on Thursday at noon — 1:30, and currently are taking public input on trails. COMMITTEE MEMBER FOSTER stated we haven't seen any P &Z stuff come through us lately. COMMITTEE MEMBER SALTONSTALL said to keep working on that Trails Plan. Wayne Murphy said he toured the Natives of Kodiak land under the hopes of another organization purchasing the land with the State Parks managing it. Due to there still being hazardous contaminates present on both sides of the road EVOS will not fund any of it. ADJOURNMENT VICE CHAIR FOREMAN adjourned the meeting. The meeting adjourned at 8:40 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: June 24, 2008 March 11, 2008 By: k Sirof KODIAK I Jo • BOROUGH PA' r MMITTEE A L huck, Chair Parks & Recreation Committee Meeting Minutes Page 3 of 3 ROLL CALL Mike Sirofchuck - Chair X Pam Foreman X Hans Tschersich Kevin Foster Jeff Huntley X Patrick Saltonstall ------------------------------------ Schroeder __Andy_ Juen1er X Lori Demi March 25, 2008 KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITT REGULAR MEETING —MARCH 25, 2008 MINUTES CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:10 p.m. by CHAIR SIROFCHUCK on March 25, 2008 in the KIB School District Conference Room. Committee Members Present Excused Absent X X X Duane Dvorak Community Development Dept Sheila Smith Others Present Community Development A quorum was established. COMMITTEE MEMBER SALTONSTALL MOVED TO EXCUSE VICE CHAIR FOREMAN and COMMITTEE MEMBER DEMI. The motion was SECONDED by COMMITTEE MEMBER JUENGER, and it CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMITTEE MEMBER SALTONSTALL MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER SCHROEDER, and CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING There were no minutes of previous meetings. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A) Winter Rules of the Lake Parks & Recreation Committee Meeting Minutes Page 1 of 3 Dvorak reported the rules are presumably standard for all lakes. It appears the lakes were paired down to these 3 lakes. Wendy Beck stated she would like to see access for the motorized vehicles going on and getting off the lake. VICE CHAIR FOREMAN arrived at 7:15 p.m. During discussion, it was the consensus to change the wording of some rules to: B. Motorized vehicles must have an effective muffler in good condition that is rated to produce no more than 90 decibels of noise. D. Motorized vehicles should stay out of a zone that is within 100 feet of the lakeshore, except for transiting. This area is reserved for non - motorized use. The lakes are for all users. Please respect private property and please be courteous to others and those living around the lakes. COMMITTEE MEMBER FOREMAN MOVED to forward the Rules of the Lake to Planning & Zoning Commission with a cover memo specifically asking the question "should this not include "Use the lake at your own Risk" for both winter and summer asking P &Z to make that decision. The motion was SECONDED by COMMITTEE MEMBER FOSTER, and it CARRIED by unanimous voice vote. B) 2006 Foreclosure Review A brief discussion while reviewing the properties for possible Parks & Recreation value. COMMITTEE MEMBER SALTONSTALL MOVED to recommend the Borough consider establishing a pedestrian easement connecting Larch Street and Mill Bay across Lot 1A -1, Block 1, Allman Addition, 1213 Mill Bay Road. VICE CHAIR FOREMAN SECONDED the motion, and it CARRIED by unanimous voice vote. COMMITTEE MEMBER SCHROEDER MOVED to recommend the Borough consider establishing a pedestrian easement on Lot 2, Block 35A, East Addition/Pauls Lot 2, 1118 Mission Road connecting the park at Pearson Cove to Mission Road. VICE CHAIR FOREMAN SECONDED the motion, and it CARRIED by unanimous voice vote. COMMITTEE MEMBER SCHROEDER MOVED TO AMEND the motion to include "or to do a land trade for the purpose of a trail easement connecting Pearson Cove Park to Wolkoff Lane. VICE CHAIR FOREMAN SECONDED the motion. VICE CHAIR FOREMAN directed staff to include a memo accompany this motion to P &Z and the Assembly so they understand what our intent is that we recognize the value of this waterfront property, and we think an easement is important in that area. COMMITTEE MEMBER SCHROEDER MOVED to recommend the Borough consider establishing a trail easement on Lots 18, 18 A and 20, Block 1, Kodiak Townsite, 514 Mission Road and NHN Sargent Drive to connect Sargent Drive with Mission Road. The motion was SECONDED by COMMITTEE MEMBER FOSTER, and it CARRIED unanimous voice vote. COMMITTEE MEMBER FOSTER MOVED recommend Lot 5, Block 7, Miller Point, 1 Addition, 2498 Antone Way be moved to the Public Use list. VICE CHAIR FOREMAN SECONDED the motion, and it CARRIED by unanimous voice vote. March 25, 2008 Parks & Recreation Committee Meeting Minutes Page 2 of 3 VICE CHAIR FOREMAN directed staff to send copies of the memos for properties inside the city and all backup be sent to the City, City Council, and City Parks & Recreation. NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications. REPORTS A) Meeting schedule: • April 8, 2008 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • April 22, 2008 regular meeting at 7:00 p.m. in the KIB School District Conference Room. There were no further reports. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS COMMITTEE MEMBER TSCHERSICH stated he saw 4 wheeler tracks all over where grass was planted behind the Nazarene Church. ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. CHAIR SIROFCHUCK thanked everyone for electing him as chair while he was gone. COMMITTEE MEMBER HUNTLEY MOVED TO ADJOURN the regular meeting. The motion was SECONDED by VICE CHAIR FOREMAN, and it CARRIED by unanimous voice vote. The meeting adjourned at 8:15 p.m. ATTEST By: P1SZ0. C n Sheila Smith, Secretary Community Development Department DATE APPROVED: June 24, 2008 March 25, 2008 KODIAK ISLAN / OROUGH PARKS & RECREATIO `' OMMITTEE ‚I By: ike S rofchuck, Chair Parks & Recreation Committee Meeting Minutes Page 3 of 3 ROLL CALL APPROVAL OF MINUTES There were no minutes. May 9, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI � LARSEN BAY SPECIAL MEETING MAY ' , 2 08 ��. 2008 MINUTES BORE, G t et CALL TO ORDER The special meeting of the Planning and Zoning Commission was called to order at 7:40 p.m. by CHAIR KING on May 9, 2008 in the Larsen Bay School. Commissioners Present Excused Absent Others Present Dave King -Chair X Bud Cassidy, Director Brent Watkins X Community Development Dept. Casey Janz X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Gary Juenger X Duane Dvorak, Assoc. Planner Jim Purdy X Erin Harrington X A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER PURDY, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Tim Carlson inquired about the 10 acre parcels of the native allotments, stating they were told the zoning was Conservation and couldn't be rezoned to Business, but now after a lot of their land has been sold it is now zoned Business from Conservation. Change of ownership is leading to more lodges. Simeon Squortsoff stated lodges are going up quick, and how are the future kids going to make it when everything is zoned out. He also has a problem with a lodge next to the school. Randy Blondin stated we need to figure out how to zone the set net operations. He also claims there is adequate vacant housing. Patty Livingston would like the whole town to be zoned commercial. Roy Jones, VPSO, stated residential land isn't really residential because it is being squeezed out. He stated when land opens up for sale the locals are outbidded by out of state and out of town people. When land is sold it becomes Business zoned. There isn't enough housing and as a result people are forced to leave, which now the school may have to close due to there not being enough kids to keep it open. Is this Lodge Bay or Larsen Bay? There should be designated future land for local business. Growth in Larsen Bay has stopped and we need to fix it so it can grow. We need R1 so when it sells it won't be a lodge. P & Z Commission Special Meeting Minutes Page 1 of 9 Jay Wattam stated there are about 6 operating lodges in the summer from about May 1 through October. Simeon Squortsoff stated if commercial is zoned in to certain areas then there's a monopoly on the land. Corporations or lodging people can afford it but not the locals. There is no room for expansion because we are down to the bare minimum. Patty Livingston stated it should be zoned Business so if someone wants to open a coffee shop because the locals make little money. Randy Blondin stated there are many vacant homes. Some people will be in commercial zoning and some will not. It is not fair to zone these commercial but tell the locals they can't open a business. Sam Kenoyer stated there aren't enough homes to live in. The houses owned by summer people shut down in the winter. Larsen Bay needs a new water treatment plant and the hydro plant needs repairs. There are "Boil Water" notices sent out regularly. There is no room for building until the infrastructure is updated. The electrical system is maxed out when the cannery is in operation. We don't need more lodges, we need more businesses. Jennifer Moe asked if once property is rezoned can it be rezoned again later. Troy Wise stated there were 2 land sales last year so the opportunity is here. Patty Livingston stated this is the native village of Larsen Bay. It is becoming more non - native than native, and our resources are being taken away. Selena Churchill asked if there are laws that limit the amount of lodges per community. Rome Carlson expressed concern about guns being handled around the school zone. Recessed at 8:40 p.m. Re- convened at 9:00 p.m. PUBLIC HEARINGS A) Case 03 -011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, 1A, and 2 — 4, and Block 3, Lots 1 and 2 from R1- Single Family Residential to B- Business. Dvorak gave a brief staff report and stated staff's recommendation is to postpone allowing for more information to be gathered due to these cases being complex. COMMISSIONER JANZ MOVED TO POSTPONE action on Case 03 -011 until late September 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. COMMISSIONER HARRINGTON SECONDED the motion. COMMISSIONER JANZ MOVED TO AMEND the main motion to say special meeting. It was SECONDED by COMMISSIONER HARRINGTON. Regular session closed: Public hearing open: Selena Churchill asked if any new building is supposed to have a permit from the borough, and if the borough will notify everyone when they apply for the permit. May 9, 2008 P & Z Commission Special Meeting Minutes Page 2 of 9 Duane Dvorak stated they would need a Zoning Compliance if it meets all requirements or it fits zoning criteria, and there will be notification only if it goes to the Planning and Zoning Commission. Len Stanton, Vice Mayor stated the City has a code that there is to be no building without permission. Once permission is obtained from the City of Larsen Bay then you go to the borough to get permits. We have policies and restrictions that we are starting to enforce because we want to know what is going on in our community. Tim Carlson stated he doesn't see all of the letters that he sent in, the archeologist's letter and the Uyak cemetery site letter that covers 80 acres, and encompass Lots 1, 1A, 2, and 3. He read those letters and another one that states the environment can't handle the raw sewage. Simeon Squortsoff stated those are burial sites that the archeologist's letter talks about. Public hearing closed: Regular session open: COMMISSIONER JANZ asked about the amount of clientele the Uyak Lodge has. Jay Wattam stated there are 15 to 20 clients and 5 employees from late May to December. Dvorak stated the City no longer wishes to rezone so they will have to submit a withdrawal. Discussion of septic systems and DEC in commercial zoning. It was the consensus to have another meeting in Larsen Bay the end of September. The question was called on the amended motion, and it CARRIED 7 -0. The question was called on the main motion, and it CARRIED 7 -0. B) Case 03 -012. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3,4, and 5 from R1- Single Family Residential to B- Business. Dvorak gave a brief staff report and stated staff's recommendation is to postpone allowing for more information to be gathered due to these cases being complex. COMMISSIONER JANZ MOVED TO FORWARD a request to rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1- Single Family Residential to B- Business. The location is 205 and 206 D Street, 208 E Street and 406 Third Street, Larsen Bay, and to defer the findings of fact to the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened: Len Stanton, Vice Mayor asked if a B &B can have up to 6 people in a home. COMMISSIONER HARRINGTON read the B &B, Guest Room, and Lodge code to the public. Marlene Kenoyer stated she had written a letter to the borough in 2003 regarding lodges that shouldn't be in residential because of the drinking. Jennifer Moe stated she had submitted a petition opposing the lodge in residential because of the guns with kids so close. May 9, 2008 P & Z Commission Special Meeting Minutes Page 3 of 9 Sam Kenoyer stated he lives behind the lodge and on several occasions he's had to call the VPSO because of the drinking and partying. He said he doesn't like sending the kids to school because of it. Robert Hochmuth stated he is opposed to kids going to school because of people walking around with guns and drinking consistently. Patty Livingston stated there was a gun shot through the ceiling of the lodge. She is opposed to this lodge because the drinking and partying is out of hand, and the VPSO has had to be called. Selena Churchill stated this needs to be resolved before hunting season. Can it be moved up on the agenda? Sam Kenoyer stated that minors are drinking also, and there is a large fish and game processing done there. Bill Nelson, Mayor stated the City of Larsen Bay can do an ordinance to keep guns away from the school. Dvorak stated maybe this should be moved on because it deals with public safety. Jennifer Moe stated the Blondin's will say they're grandfathered because it was there so long. Dvorak stated we don't grant grandfathership, we recognize it when it exists. Simeon Squortsoff stated this needs to be addressed by June so it can be taken care of before school starts. COMMISSIONER HARRINGTON told the public they have the tools; a Larsen Bay Ordinance or Zoning Complaint forms. Patty Livingston stated that Randy Blondin was here and he chose to leave. Public hearing closed: Regular session opened: COMMISSIONER HARRINGTON stated there's a lot of reference to firearms and certain behaviors. Is it just residential core area? Are you generally opposed or is it the applicant. Patty Livingston said there's also the Maschmedt's next door to her and there's no problem. She is opposed because it's next to the school and there are strangers with guns. COMMISSIONER JANZ stated schools and lodges are not compatible. There can't be guns at school. She reminded them they have tools to fix this. Dvorak stated the borough can't enforce complaints while there are pending rezones. CHAIR KING recessed the meeting at 10:30 p.m. for a short break. CHAIR KING called the meeting back to order at 10:45. A brief discussion. COMMISSIONER WATKINS MOVED to extend the meeting until midnight and review a morning extension at that time. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. The question was called on the motion, and it FAILED 7 -0. May 9, 2008 P & Z Commission Special Meeting Minutes Page 4 of 9 C) Case 03 -016. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 19, Lot 4 from R1- Single Family Residential to B- Business. Dvorak gave a brief staff report and stated staffs recommendation is to postpone allowing for more information to be gathered due to these cases being complex. He also stated that if the commissioners are going to move to postpone then it would be appropriate to take public testimony first before making a motion. Regular session closed: Public hearing open: Patty Livingston said Peterson doesn't do the hunting, but if he sells there are concerns being communicated. Sam Kenoyer is in agreement with Livingston and stated Peterson is in a residential area. What will happen when he sells? Selena Churchill asked if it is left single family residential can he continue to use it as a B &B. Dvorak stated yes, but the cabin that staff is in constitutes a single family so the detached building is in violation. COMMISSIONER HARRINGTON asked Dvorak if that puts it into a lodge with the fishing. Dvorak stated guiding can be a home occupation using no more than 25% of the square footage. Sam Kenoyer said the cabin doesn't have a kitchen but it does have a couple of bunks. Dvorak stated if someone lives in it, it is a zoning violation. Jay Wattum stated if he has 4 lots he could have 5 bedrooms in each so he could have 20 bedrooms. Public hearing closed: Regular session opened: The commission had a discussion regarding gathering info from the Comp Plan input from the consultants with reflection on land use. Does it fit the community? Simeon Squortsoff stated the city can't take any action until the zoning is fixed. Roy Jones, VPSO stated he sees in the future more growth and a city deep sea dock. COMMISSIONER HARRINGTON MOVED TO POSTPONE action on Case 03 -016 until the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. COMMISSIONER JANZ SECONDED the motion. COMMISSIONER HARRINGTON MOVED TO AMEND the motion to say until the special meeting of the KIB Planning and Zoning Commission in late September. COMMISSIONER JANZ SECONDED the motion. The question was called on the amended motion, and it CARRIED 7 -0. The question was called on the main motion, and it CARRIED 7 -0. COMMISSIONER WATKINS MOVED TO RECESS and reconvene at 9:00 a.m. COMMISSIONER HARRINGTON SECONDED the motion, and it CARRIED by unanimous voice vote. CHAIR KING reconvened the meeting at 9:05 a.m. May 9, 2008 P & Z Commission Special Meeting Minutes Page 5 of 9 D) Case 03 -018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay, Tract A, Block 16, Lot 10 from R1- Single Family Residential to B- Business. Dvorak gave a brief staff report stating staff is recommending postponement like the other cases to allow them to gather information. Regular session closed: Public hearing open: Mary Nelson stated there are 2 lodges by her residence, and there are lodges at both ends. She doesn't want to see it zoned Business. Patty Livingston said as long as it's on the opposite side of town and guns aren't around the school. There has to be gun safety. Sam Kenoyer said the issue isn't guns. The issue is you don't want to have a home where business interrupts your life. Bill Nelson, Mayor said there is a gun ordinance. Tim Carlson said the gun ordinance can't be enforced because it's a tribal ordinance, not a city ordinance. Bill Nelson, Mayor stated there isn't a shortage of water but the water treatment facility needs to be updated. Right now the water is treated with only chlorine without any filters. Dvorak stated R1 is the most restrictive zone, and set net is Commercial. Mary Nelson stated he has leased out the set net site the last 5 years. Patty Livingston stated circumstances aren't allowing him to be in Larsen Bay right now. Yl i .. Ha41 COMMISSIONER JANZ said if it's not being used as a lodge then it could stay residential. Mary Nelson said he has 2 rooms to rent out. Dvorak stated fishing gear isn't allowed in R1. To be grandfathered construction of buildings had to be built by June 5, 1980 and have prior documentation. He also told the commission they can make an alternate motion if that is their wish. Public hearing closed: Regular session opened: Discussion of R1- Single Family Residential zoning. COMMISSIONER HARRINGTON MOVED TO POSTPONE action on Case 03 -018 until a special meeting of the KIB Planning and Zoning Commission in late September and schedule the meeting at a later time. COMMISSIONER JANZ SECONDED the motion. The question was called on the motion, and it CARRIED 6 -0. COMMISSIONER WATKINS abstained from voting. E) Case 08 -021. Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Dvorak gave a brief staff report stating staff is recommending postponement like the other cases to allow them to gather information. May 9, 2008 P & Z Commission Special Meeting Minutes Page 6 of 9 COMMISSIONER JANZ MOVED TO POSTPONE action on Case 08 -021 until the September 2008 special meeting of the KIB Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing open: Patty Livingston stated she doesn't want guns around her house or school. Mary Nelson stated where there's a lodge, there are guns. Sam Kenoyer stated the lodge follows the criteria described in the Comp Plan. Public hearing closed: Regular session opened: Discussion regarding reasoning behind commercial designation close to the harbor and other zoning designations. Patty Livingston reiterated she doesn't want more lodges. The question was called on the motion, and it CARRIED 7 -0. F) Case 08 -022. Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Dvorak gave a brief staff report stating staff is recommending postponement like the other cases. He also said according to Assessing Department it's on Lot 2 but it could be lot 4 so we just need to investigate more. COMMISSIONER WATKINS MOVED TO FORWARD a request to rezone in accordance with KIBC 17.72/030, (Manner of Initiation ) of Larsen Bay, Tract A, Block 3, Lot 3 from RI- Single Family Residential to B- Business and defer Findings of Fact to June 18, 2008 regular meeting of the KIB Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER PURDY. Regular session closed: Public hearing open: Sam Kenoyer stated he's been operating for years, and there's no difference from the other cases. It's been for sale for a couple of years and being advertised as a lodge. Mary Nelson stated it's the same situation with the guns. Tim Carlson stated that block has septic tank issues, and there was a close call for kids being hit by a car because of the congestion there. Patty Livingston stated she lives on the corner and has kids and grandkids at her house. She is opposed to Business and requests to keep it residential because of the craziness, drinking and driving. Selena Churchill asked how this property fell in the Comp Plan. CHAIR KING stated Residential. Patty Livingston stated there was a man to man agreement between Maschmedt and Mike Carlson that this house wouldn't be turned into a lodge. May 9, 2008 P & Z Commission Special Meeting Minutes Page 7 of 9 Tim Carlson stated the actual lodge is on Lot 4 and they process a lot fish on lot 3. Roy Jones, VPSO stated he has seen the problems with the accidents and vehicle /pedestrian conflicts in this area. Rome Carlson stated kids live close to the lodge. There are blind spots with speeding cars. He is opposed to Business zoning. Dvorak stated Lot 4 can't be included in the motion because it wasn't on the application. If the motion is denied they can re- apply. John Katelnikof requested the definition of Business zoning. Dvorak explained that Business is a zone. Commercial is a group of uses, sort of 5 different flavors of Commercial with Business being one of them. John Katelnikof asked if you can have 2 zones on 1 lot. Dvorak stated that is split zoning. Public hearing closed: Regular session opened: Sam Kenoyer stated it wasn't built as a lodge and the submitted Maschmedt comments are not true. A brief discussion on whether to move forward to postpone. Cassidy stated we are wrapping up the end of the fiscal year, and July would be the soonest we can get it on the agenda. The question was called, and it FAILED 7 -0. Discussion on recourse, non - compliance and the actions on non - compliance. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications. REPORTS Cassidy gave a brief meeting outline. Meeting schedule: • May 21, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers • June 11, 2008 work session at 7:30 p.m. in the KIB Conference Room • June 18, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers COMMISSIONER WATKINS MOVED TO ACCEPT the reports as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS May 9, 2008 P & Z Commission Special Meeting Minutes Page 8 of 9 Jack Wick stated 25 years ago the water distribution was set up for residential, and they have had to purchase more and bigger transformers with the increased demand from the lodges. Larsen Bay is also losing its population faster than any other village. The general public of Larsen Bay thanked the Planning and Zoning Commission for taking the time to come to Larsen Bay. Tim Carlson reiterated that 25 years ago the utilities were set up for residential. The lodges are expanding and the distribution lines have expanded problems with the water situation. COMMSSIONER COMMENTS COMMISSIONER JUENGER thanked Larsen Bay. COMMISSIONER KERSCH thanked Larsen Bay for attending the meeting and for lodging all of us at the school. COMMISSIONER JANZ thanked Larsen Bay for coming COMMISSIONER HARRINGTON thanked Larsen Bay for spending time with us, it was a valuable process. Sheila Smith thanked Larsen Bay for having us. COMMISSIONER WATKINS thanked Larsen Bay for having us. COMMISSIONER PURDY thanked Larsen Bay for having us. Bud also thanked Larsen Bay for having us. ADJOURNMENT CHAIR KING ADJOURNED the special meeting at 11:45 a.m. May 10, 2008. ATTEST BY: KS:5 -A Q.Q �rrN SO Sheila Smith, Secretary Community Development Department DATE APPROVED: June 18, 2008 May 9, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By e, Dave King t ?" -- P & Z Commission Special Meeting Minutes Page 9 of 9 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MAY 21, 2008 CALL TO ORDER T Chair King called to order the May 21, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Dave King -Chair X Bud Cassidy, Director Brent Watkins X Community Development Dept. Casey Janz X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Gary Juenger X Jim Purdy X Erin Harrington X JUN 3 0 2008 A quorum was established. COMMISSIONER WATKINS MOVED to COMMISSIONER JUENGER. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to add as agenda Item VA that the Planning and Zoning Commission investigate the rezone of approximately 12 acres of hilltop land on Near Island above the new travel lift area, and that it be appropriately zoned and set aside for a Greenhouse model Senior Extended Care Facility. COMMISSIONER PURDY SECONDED the motion, and it CARRIED by unanimous voice vote. COMMISSIONER WATKINS MOVED to approve the amended agenda. The motion was SECONDED by COMMISSIONER HARRINGTON, and it CARRIED APPROVAL OF MINUTES A. Kodiak Island Borough Planning & Zoning Commission Regular Meeting of April 16, 2008. COMMISSIONER JANZ MOVED to approve the minutes as submitted. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS A. COMMISSIONER WATKINS stated he attended the presentation regarding the extended care facility. Some of our facilities are in great need of repair or replacement; the police station, library, City Fire Department, the Borough and City offices, and the extended care facility. The extended care facility needs to be put right and done now. Mr. Rush presented a Greenhouse model of care system, a house model not an institutional model. The senior deserve our respect and consideration. Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 1 of 9 COMMISSIONER WATKINS MOVED that the Planning and Zoning Commission investigate the rezone of approximately 12 acres of hilltop land on Near Island above the new travel lift area, and that it be appropriately zoned and set aside for a Greenhouse Model Senior Extended Care Facility. The motion was SECONDED by COMMISSIONER JANZ. A discussion on zoning, the area, the processes, and the need for a new extended care facility. COMMISSIONER HARRINGTON MOVED TO AMEND the motion to read "That the Planning and Zoning Commission investigate approximately 12 acres of hilltop land on Near Island above the new travel lift and appropriate zoning, and set aside for a greenhouse model senior extended care facility be considered as part of that investigation." The motion was SECONDED by COMMISSIONER JANZ. The question was called on the amended motion, and it CARRIED 6 -0. PUBLIC HEARINGS A. Case 08 -023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. The location is 11883, 11967, 11945, and 11723 S. Russian Creek Road, and the zoning is B- Business Cassidy stated this rezone request is for almost 20 acres in Womens Bay from Business to RR1. The commission has heard various versions of this request. The Commission needs to weigh the need for additional residential in light of a two Comprehensive Plan efforts where the residents suggest that this area remain B- Business. Staff recommends denial of this rezone request because the Business use is still a viable use of the property as Business, especially open storage that is occurring and is a violation in the residential district; the applicants have not made a compelling case that a rezone is needed; and the Comp Plan does not support the request. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B- Business to RR1 -Rural Residential One zoning, and to adopt the "Findings of Fact" in the staff report dated May 12, 2008, in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Andy Kuljis phoned to support the request as part owner. Catherine Lindsey phoned to support the request. Rob Lindsey spoke in support of the request as part owner. Iver Malutin stated the Comp Plan should be reviewed and brought up to date. Bob Tarrant, agent spoke in support. Close Public Hearing: Open Regular Meeting: A brief discussion regarding Cottonwood Circle, the Comp Plan, comments submitted for the Comp Plan, and the need for residential. Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 2 of 9 The commission requested the Clerk to read the motion on the table. The question was called, and it CARRIED 6 -0. COMMISSIONER HARRINGTON MOVED TO AMEND the previous motion to read "Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B- Business to RR1 -Rural Residential One zoning, and to postpone Findings of Fact until the June 18, 2008 meeting. The motion was SECONDED by COMMISSIONER KERSCH. The question was called on the amended motion, and it CARRIED 6 -0. B. Case S06 -012. Request a one (1) year extension of preliminary approval for the subdivision of USS 2539, Lot 29A creating Seaview Estates, Lots 1 thru 11, and Tract A. The location is U.S. Survey 2539, Lot 29A, Womens Bay, and the zoning is RR1 -Rural Residential One. Cassidy stated this request is for an extension of a preliminary subdivision, and has been advertised as a public hearing because there have been some changes made to the conditions of approval. The changes give him the option of keeping it as a private road or also investigate potential of including it in the Womens Bay Subdivision. Staff recommends this request be approved. Discussion of the motion and conditions of approval, and road service district processes. COMMISSIONER JANZ MOVED to grant a two (2) year extension (until March 15, 2010) of preliminary plat approval of the subdivision of a portion of Lot 29A, USS 2939, creating Lots 1 thru 11, and Tract A, Seaview Subdivision subject to the following amended conditions of approval. The motion was SECONDED by COMMISSIONER WATKINS. Close Regular Meeting: Open Public Hearing: Barry Still spoke in favor of the request. Close Public Hearing: Open Regular Meeting: Commission discussion on fire districts. CONDITIONS OF APPROVAL 1. Obtain approval for access to State maintained rights -of -way from the State of Alaska Department of Transportation and Public Facilities prior to final plat approval. 2. Engineering and soils testing for Lots 1 through 11 and Tract A, Seaview Estates must be provided prior to final approval, documenting that this subdivision design can satisfy ADEC requirements for onsite well and septic systems. 3. Submit a solid waste disposal plan for review and approval by the Engineering and Facilities Department, prior to final plat approval. 4. Provide the documentation required in KIBC 16.40.080 for private road easements, which shall be reviewed by the Planning and Zoning Commission at a public hearing prior to final approval of the subdivision; or, in the alternative, obtain acceptance of a road dedication by the Kodiak Island Borough Engineering and Facilities Department and obtain approval of the Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 3 of 9 creation of a new service district to provide road maintenance for this public road or successfully complete an amendment to the boundaries of the Womens Bay Road Service Area to include Seaview Estates Subdivision within this existing road service district. 5. Obtain approval for the public safety access from the local State Fire Marshal representative through the City of Kodiak Fire Department. The question was called, and it CARRIED 6 -0. COMMISSIONER JANZ MOVED TO AMEND the motion to read "grant a two (2) year extension (until March 15, 2010) of preliminary plat approval of the subdivision of a portion of Lot 29A, USS 2539, creating Lots 1 thru 11, and Tract A, Seaview Subdivision subject to the following, amended conditions of approval. The motion was SECONDED by COMMISSIONER WATKINS. The question was called, and it CARRIED 6 -0. C. Case 08 -025. Request a rezone, according to KIBC 17.72, of a portion of USS 3465, Lot 1A- 3, from PL- Public Use Land to RR1 -Rural Residential One. (Related to approved land disposal, Case No. 07 -001). Cassidy stated this land has been approved for sale by both the Planning and Zoning Commission and the Assembly. This action will zone it from PL- Public Use to RR1 -Rural Residential so that there will not be split lot zoning. COMMISSIONER HARRINGTON MOVED to recommend the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.72.030.C, of a portion of USS 3465, Lot 1A- 3, from PL- Public Use Land to RR1 -Rural Residential One, and to adopt the findings of fact in the staff report dated April 4, 2008 as Findings of Fact for Case No. 08 -025. COMMISSIONER JANZ SECONDED the motion. Close Regular Meeting: Open Public Hearing: Close Public Hearing: Open Regular Meeting: 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. A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District is justified because the property owner is entitled to consistent application of building setback requirements. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District would be consistent with the 2008 KIB Comprehensive Plan. The question was called, and it CARRIED 6 -0. Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 4 of 9 D. Case S08 -015. Request for preliminary approval, according to KIBC 16.40, of the replat of USS 3466, Lot 1 and USS 3465, Lot 1A -3, creating USS 3466, Lot 1A and USS 3465, Lot 1A- 3A. The location is 2709 Dark Lake Rd and adjoining lot on Scout Circle and the zoning is RR1- Rural Residential One & PL- Public Use. Cassidy reported this subdivision case is being done for the same reason as the previous rezone case. The Borough is transferring property to an adjacent property owner which requires survey work that relocates and changes the land boundary line. Staff recommends approval. COMMISSIONER WATKINS MOVED to grant preliminary approval, according to KIBC 16.40, of a replat of USS 3466, Lot 1, and USS 3465, Lot 1A -3, creating USS 3466, Lot 1A and USS 3465, Lot 1A -3A and citing the findings of fact in the staff report. The motion was SECONDED by COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Lorna Arndt asked if it's going to be zoned RR1 and PL. COMMISSIONER WATKINS explained it will be both until it's approved by the Assembly. Close Public Hearing: Open Regular Meeting: COMMISSIONER WATKINS MOVED TO AMEND the motion to change US Survey 3466 Lot 1A to read US Survey Lot 1. The motion was SECONDED by COMMISSIONER HARRINGTON. FINDINGS OF FACT 1. This plat meets the minimum standards of survey and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called on the amended motion, and it CARRIED 6 -0. The question was called on the main motion, and it CARRIED 6 -0. E. Case S08 -016. Request an easement vacation, according to KIBC 16.60, to vacate a 10 foot wide utility easement located along the east side of Bells Flats Alaska Subdivision, Tract D -2. The location is 220 Sargent Creek Road, and the zoning is I- Industrial. Cassidy reported this subdivision is to remove a utility easement in the back of this property. The owner wants to construct there. All utility companies who returned comments stated no objection. Staff recommends this be approved and forward to the Assembly COMMISSIONER JANZ MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 10 -foot utility easement along the east side of Tract D -2, Bells Flats Alaska Subdivision, as shown on the attached as -built survey, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated May 14, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER WATKINS. Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 5 of 9 Close Regular Meeting: Open Public Hearing: Close Public Hearing: Open Regular Meeting: A brief discussion. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to final plat approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. FINDINGS OF FACT 1.This request for replat meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2.This request for replat meets the minimum design requirements per Kodiak Island Borough Code 16.60, generally. 3.This request for vacation does not unduly diminish the public's interests. 4.This request for vacation does not unduly prejudice surrounding private property interests. The question was called, and it CARRIED 6 -0. F. Case 08 -024. Request a variance, according to KIBC 17.66, to allow a proposed single - family dwelling to encroach no more than ten (10) feet into the required twenty -five (25) foot front yard setback, per KIBC 17.18.050 A. Cassidy reported this case is where the owner wants to construct a building no more than 10 feet into the required 25 foot front yard setback. Because the owner wasn't sure of the amount the variance would be we have asked that the case be postponed and a drawing be provided so we don't have to visit this later because 10 feet isn't enough. COMMISSIONER JANZ MOVED TO POSTPONE Case 08 -024 and schedule it for the June 18` regular meeting. The motion was SECONDED COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Lorna Arndt spoke opposing this request. Close Public Hearing: Open Regular Meeting: A brief discussion. The question was called, and it CARRIED 6 -0. G. 08 -026. Request a review of Proposed Winter Rules for the use of local lakes recommended by the KIB Parks and Recreation Committee March 25, 2008. The location is Island Lake, Dark Lake, & Mission Lake. Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 6 of 9 Cassidy reported the Assembly requested the Parks and Recreation Committee to devise Winter Use of the Lakes. A number of public meetings were held where they received good input from residents around the lake and various users of the lakes. The rules were formatted similar to the Summer Rules of the Lake recently passed by the Assembly. If approved, these rules will be forwarded to the Assembly for review and public hearing. COMMISSIONER WATKINS MOVED TO FORWARD the proposed Winter Rules for the use of local lakes recommended by the MB Parks and Recreation Committee March 25, 2008. The motion was SECONDED by COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Mike Sirofchuck, Parks and Recreation Committee Chair spoke in support of the request. Al Birch, Mission Lake resident requested Mission Lake be exempt from these rules because Mission Lake just doesn't have the problems other lakes are experiencing. Earlene Berg stated she opposes the motor vehicles on the lake and they transit through her yard. Lorna Arndt stated last winter was the worst yet and it's the kids tearing up the lake. Close Public Hearing: Open Regular Meeting: A brief discussion of the different lakes, problems, and uses. COMMISSIONER WATKINS MOVED TO AMEND the motion to remove Mission Lake from the scope of these rules. The motion was SECONDED by COMMISSIONER JANZ. The question was called on the amended motion, and it CARRIED 6 -0. The question was called on the Main motion, and it CARRIED 6 -0. CHAIR KING called a brief recess at 9:50 p.m. CHAIR KING reconvened the meeting at 10:00 p.m. OLD BUSINESS There was no old business NEW BUSINESS A. Review of a screening proposal, according to KIBC 17.231.050.C, requiring Commission approval of screening on business property when it is adjacent to a residential use. (Property Owner: Martin Lydick) Cassidy reported the code does not require a public hearing for screening but it does require the commission to approve the screening that is required on Business lots that are adjacent to lots zoned residential or residential use. The applicant has requested that no screening be required because: He owns the adjacent residential zoned lots and will use the business zone lot for his residential uses. The other lot in question though zoned Business has a use that can be considered residential. Once again the applicant is requesting no screening be provided and the reason why: Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 7 of 9 The reason has to do with the geography of the lot and its configuration to the adjacent lot. The fence if required would actually block off the bottom of the stairs. This lot is zoned business and the use of a Single Resident Occupancy is a permitted use in the Business District and not in the residential. COMMISSIONER HARRINGTON MOVED that the commission finds that no screening is required between this business zoned parcel and an adjacent residential parcel as required in KIBC 17.21.050.0 Performance Standards — Screening unless and until the use of the trailer park and the benefit of this business zoned area by its owner /tenants is severed. The motion was SECONDED by COMMISSIONER JANZ. A brief discussion. The question was called, and it CARRIED 6 -0. COMMUNICATIONS Cassidy reported the first communication is the Alaska Energy Authority announced an Energy Town Hall Meeting at the Kodiak College where they will be taking input. The next 2 communications are letters of Courtesy & Advisory and Notice of Violation from our Enforcement Officer and there are 2 specific landowners that are in violation. We provide these to you because you are the entity that, if appealed, goes to you for a decision. Last is an article on shrinking rural villages. We have been seeing a rapid rate of population decline in our rural villages. A. AEA Announces Energy Plan Town Hall Meetings -May 22, 2008 from 4 -8 p.m. at the Kodiak College B. Letter of Courtesy & Advisory dated April 28, 2008 C. Notice of Violation dated May 2, 2008 D. Email re: Shrinking Villages COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. The motion was SECONDED by COMMISSIONER HARRINGTON, and it CARRIED by unanimous voice vote. REPORTS A. Meeting Schedule: • June 11, 2008 work session at 7:30pm in the MB Conference Room. • June 18, 2008 regular meeting at 7:30pm in the Assembly Chambers. COMMISSIONER HARRINGTON MOVED TO ACCEPT reports as presented. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS There were no audience comments COMMISSIONER'S COMMENTS COMMISSIONER JANZ stated the trip to Larsen Bay was very educational, and she hopes we have sun for the Crab Fest. She also thanked Parks & Rec. Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 8 of 9 COMMISSIONER HARRINGTON thanked staff for their successful trip to Larsen Bay, and she would like to see P &Z pro- actively take on some ordinance review. She thanked WATKINS for bringing up the long term care issue. She is excited about the Green House model. COMMISSIONER WATKINS said he will be at the AEA meeting tomorrow. He also thanked staff for all the support in Larsen Bay. COMMISSIONER PURDY asked everyone to think about the quality of life as the community shrinks, and be considerate. CHAIR KING thanked staff for all their hard work. He is very proud of the commission. ADJOURNMENT COMMISSIONER KERSCH MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER JANZ. The meeting adjourned at 10:17 p.m. ATTEST By c h ors %jrr, ftt Sheila Smith DATE APPROVED: June 18, 2008 KODIAK ISLAND BOROUGH PLANN I_ G AND ZONING COMM SSION By: Dave King, Chair Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 9 of 9 Service Area No. 1 Board Regular Meeting 19 March 2008 7 :00 pm KFRC Conference Room A. Call to Order Chair C. Lorenson called the meeting to order at 7:00 pm. B. Roll Call Present were Board Members S.L. Adinolfi, S. Arndt, C. Lorenson and D. Symmons. Excused Board Members were K. Arndt, E. Mahoney and P. Tuttle. C. Approval of Agenda It was Moved, S. Arndt and Seconded to approve the Agenda. There was a unanimous affirmative voice vote. D. Approval of Minutes It was Moved, S. Arndt and seconded to approve the minutes of February 12, 2008 with corrections. There was a unanimous affirmative voice vote. E. Acceptance of Financial Report It was Moved, S. Arndt and seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. F. Public Comments None. G. Chair Report Chair Lorenson stated that the water problem at Shahafka has been deverted. He said the resident turned the pump around and the water isn't coming out across the road any more. He stated that Yasha and Louie are out of town and once they get back they will go over there. Chair Lorenson said he's met with the Olsen's and they are going to try to come up with some sort of an agreement so that something can be done without spending big bucks. He will bring it back to the Board once something is worked out D. Symmons stated that G. Martin is a very approachable person and if he saw something that he could do to help (easement), D. Symmons believes he'd be a team player with it. N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Minutes 19 March 08.doc Chair Lorenson said he spoke to R. Greene with the State and they are going to take care of ditching in quite a few of the areas. There have been problems with a clogged culvert on Island Lake by the dumpsters, and residents are having a hard time getting to them. The State said they will be taking care of these issues this summer, along with lining some ditches with rock. Chair Lorenson stated hopefully this will take care of some of these ditching and culvert issues that he's been dealing with throughout the winter. He said he's had to have Brechan go over a couple of times and dump some D -1 and chips so people could get to the dumpsters. Other, than that he feels they may have turned a corner on winter, he's been trying to grade. S. Arndt said normally the Service Area shouldn't be doing anything there. He stated it's the KIB's responsibility. KIB takes care of the parks, the bikepath and they take care of the garbage. Chair Lorenson said the Service Area takes care of plowing the dumpsters. It's been an issue for a couple years and it was bad. S. Arndt stated it's a State road and asked Chair Lorenson if he takes care of all the dumpsters on Rezanof and Spruce Cape. Chair Lorenson said the Service Area has been taking care of the dumpsters by the Helipad. He feels the residents need to be able to get to the dumpsters and it minimizes the calls. D. Symmons asked how the KIB takes care of this type of issue, wanted to know if they send a crew out. S. Arndt stated the KIB sends K. Arndt out. H. Public Hearing FY2009 Budget a. Motion: Approval of 2009 Annual Budget. Chair Lorenson closed the Regular Meeting and opened the Public Hearing for FY2009 Budget. It was Moved, S. Arndt and seconded to approve the FY2009 Budget for Service Area #1. Chair Lorenson closed the Public Hearing. Chair Lorenson asked for a motion for approval of the FY2009 Annual Budget. Motion Carried by a unanimous roll call vote. I . Public Comments None. J. Old Business None. N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Minutes 19 March 08.doc K. New Business . Road Maintenance Contract — Revised Rock Prices Chair Lorenson stated that J. Sessoms with Brechan submitted a bid for sanding material at a price of $15.43 per ton for 1/4" rock chips and $6.69 per ton for D -1. Brechan called B. Cassidy with the KIB to inform him that the figures that were included in their bid were wrong and provided the amended prices of $21.60 per ton for 1/4" rock chips and $9.36 per ton for D -1. Chair Lorenson referred to B. Cassidy's memo in the Boards packet stating the amended fees should have been presented to the Board and the Assembly, but B. Cassidy failed to make them available for consideration. B. Cassidy goes on to state in his memo that he recommends to the Board to recommend to the Assembly that the amended costs associated with sanding material as found in exhibit "A" are warranted. Chair Lorenson asked for a motion to recommend to the Assembly that the amended costs associated with sanding material as found in exhibit "A" be made part of the contract. Motion carried by a unanimous roll call vote. b. Tax Issue Chair Lorenson asked the Board if this was something they wanted to discuss in this meeting or wait for E. Mahoney, since he's the Board member that has been researching it. The Board decided to wait for information from E. Mahoney. c. Selief Lane Paving Chair Lorenson stated Selief Lane Paving is another topic that E. Mahoney is working on. SL Adinolfi asked where the Board was with this issue last. S. Arndt stated the Assembly told E. Mahoney to come back to them with what the Board wanted and that's where it lies. L. Public Comments None. M. Board Member Comments D. Symmons said he trusts the Board with their experience in the past and will continue to do so. S.L. Adinolfi said she received a call from someone in the district who wanted to know when their paved roads were going to get cleaned. She asked the Board if that wasn't something they did later on in the spring. The response was yes, usually mid April. She asked about the gentleman on Wilton White Way and wondered if Chair Lorenson had been in contact with him re: guardrail. N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Minutes 19 March 08.doc Chair Lorenson stated he has been in contact with Mr. Cappozi and said it would be something the Board discusses, but he's not in favor of guard railing the whole thing. If anything, there's less than a 100 feet that would be along there. He stated he went to the State Troopers and they are going to start monitoring Sharatin Rd again. SL Adinolfi stated there was an email at work today that has to do with Parliamentary Procedures and Boards, so the Board needs to think about putting it on the Agenda. Chair Lorenson said he was going to get it on the next meeting Agenda. Discussion followed, but no decision was made whether or not to have a presentation on Parliamentary Procedures. S. Arndt said he wanted to know in advance of any work that is to be done over on Shahafka. What is planned and what the cost is going to be. He also stated that Mr. Cappozi was interested in helping pay for half the guard rail and if that be the case he would be in favor of putting up a guardrail there, but not along the entire road. Chair Lorenson said the person that went off the road recently at the same location, his insurance is paying to replace the culvert. N. Meeting Schedule To be decided at a later date. 0. Adjournment There being no further business before the Board, it was Moved, S. Arndt and seconded to adjourn the meeting at 7:45pm. Submitted By: Mary J. B Engineers lities Charlie Lorenson, Chair Service Area No. 1 Date: N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Minutes 19 March 08.doc VOICE VOTE ON MOTION Kodiak Island Borough Assembly Regular Meeting Guidelines July 17, 2008, 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. KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. 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. VOICE VOTE ON MOTION 5. *APPROVAL OF MINUTES A. 46 Regular Meeting of June 5, 2008. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS A. Mr. Dale Nash from AADC has rescheduled to the next regular meeting. 9. PUBLIC HEARING A. Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07- 001. ) Kodiak Island Borough Assembly Guidelines July 17, 2008 Page 1 Recommended motion: Move to adopt Ordinance No. FY2009 -02. 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS — None. B. RESOLUTIONS 1. Resolution No. FY2009 -01 Approving Fiscal Year 2009 Kodiak Island Borough Non - Profit Funding. Clerk's Note: Updated FY2009 Non - Profit Funding worksheet is attached on Recommended motion: Move to adopt Resolution No. FY2009 -01. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2009 -02 Urging Federal Funding of Observer Coverage in the Gulf of Alaska. Recommended motion: Move to adopt Resolution No. FY2009 -02. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 17, 2008 Page 2 3. Resolution No. FY2009 -03 Approving Fiscal Year 2009 Support to the Kodiak Island Bed and Breakfast Association. Recommended motion: Move to adopt Resolution No. FY2009 -03. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. (This is the time to discuss amount.) If someone is interested in making a motion: Move to amend Resolution No. FY2009 -03 to insert the amount VT??? In the "Now, Therefore" section of the Resolution. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON THE MOTION AS AMENDED. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. Recommended motion: Move to adopt Ordinance No. FY2009 -01A in first reading to advance to public hearing on August 7, 2008. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P&Z Case 08 -023.) Recommended motion: Move to adopt Ordinance No. FY2009 -03 in first reading to advance to public hearing on August 7, 2008. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 17, 2008 Page 3 3. Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. Recommended motion: Move to adopt Ordinance No. FY2009 -04 in first reading to advance to public hearing on August 7, 2008. (Clerk's Note: Corrected Version of Ordinance No. FY2009 -04 is attached on yellow paper.) Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. OTHER ITEMS 1. Declaring a Seat on the Service Area No. 1 Board Vacant. Recommended motion: Move to declare, with regret, the seat held by Peggy Tuttle on the Service Area No. 1 Board for a term to expire October 2009 vacant. Staff report — Clerk Javier. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Declaring a Seat on the Womens Bay Service Area Board Vacant. Recommended motion: Move to accept, with regret, the resignation of Spencer Schaeffer from the Womens Bay Service Area Board for a term to expire October 2008 and direct the Borough Clerk to advertise the vacancy per borough code. Staff report — Clerk Javier. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 17, 2008 Page 4 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 Assembly work session will be held on Thursday, July 31, 2008 at 7:30 p.m. in the Borough Conference Room and the next Regular Assembly Meeting will be held on Thursday, August 7, 2008 at 7:30 p.m. in the Borough Assembly Chambers. 16. EXECUTIVE SESSION A. Borough Manager's Performance Evaluation Recommended motion: Move to convene into executive session to discuss Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION Please invite all Assembly members and the Manager to join in the executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines July 17, 2008 Page 5 Mayor Selby The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell co 00 n O z P I YES I NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell N ao n 75 O Z � v I YES I NO Mayor Selby TOTAL: EIR VOTE? V Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell cn ao C7 - o o `cam YES o NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Bransor Mr. Abell CA ao M 75 -)\-N z s s YES NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson* Mr. Abell ca co n ;5 z C, v o % 2S 0 -: s s. ti z S YES d NO n 0 z 0 z 0 0 0 � 0 0 c0 c 0 0 0) 0 SLAND BOROUGH ASSEMBLY ROLL CALL SHEET Mayor Selby The mayor may not vote except in the case where only six members of the asserbly are present and there is a three /three tie vote of the assembly. TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey air Mr. Friend Ms. Branson Mr. Abell 7 , CD ED m 7 5 o 0 a- o cP 0 ._ YES I NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch y Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell o Z ,/.-.) % ° k G°‘■ YES NO Mayor Selby TOTAL: IEIR VOTE? V Ms. Stutes Mr. Oswalt Ms. Lynch ,r Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell cn o0 m 75 n 0 d o < < YES NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt 4 Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell cn ao m 75 � s --G v — r YES NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell cn o0 m 75 Q 0 v — Q e,` C C\ Q ,—. S \ C S I YES o I NO C) 0 0 CD CI c 3 m n cD c (1) a m C) n) 0 m 0 Mayor Selby The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell y p CD 03 U .4 n d' O V) I YES NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend i- Ms. Branso' Mr. Abell 0 W . V Z ,r0 dIVIF I YES NO Mayor Selby TOTAL: EIR VOTE? V Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson* Mr. Abell cn W M i V -3 iNisi YES NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend ' Ms. Branson Mr. Abell . co m 0 75 O v YES NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey it Mr. Friend Ms. Branson Mr. Abell cn co n 75 O v ... N- -- IONINI I YES I NO rE? o CD M CO < c CD CD a a O 3 (D Q 0 N N O 5 oC Mayor Selby The mayor may not vote except in the case where onlsix members of the assembly are present and there is a three /three tie vote of the assembly. TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch ,e Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell g' N m z w 75 YES S. NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell N M 0 C W 75 _ c k-, YES NO Mayor Selby TOTAL: EIR VOTE? V Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell (1) m o 0 z P W 7 5 YES NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend Ms. Branson Mr. Abell cn n 0 z P W 75 YES NO Mayor Selby TOTAL: Ms. Stutes Mr. Oswalt Ms. Lynch Ms. Jeffrey Mr. Friend I Ms. Branson Mr. Abell V) n O z P W 75 YES NO J 0 0 m CD CI D 0 : c 3 m 0 X CD c0 c v CD 0 S 0 0 ?Ti -3 0 v x KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: fl / Please print your name Please print your name