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2008-10-16 Regular Meeting
SCANNED Kodiak Island Borough Dateosf Si j# Assembly Regular Meeting Agenda Thursday, October 16, 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. 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award B. Longevity Awards 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts — None lutions Resolution No. FY2009 -09 Ratifying and Certifying the Results of the Municipal Election Held October 7, 2008. C. Ordinances for Introduction 1. Ordinance No. FY2009 -07 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.39 Boards and Commissions. 2. Ordinance No. FY2009 -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B- Business Zoning District. 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 3. Ordinance No. FY2009 -09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots 1 And 3 From R1- Single Family Residential To B- Business District. D. Other Items 1. Accepting the 2007 Public Safety Interoperable Communications Grant, 2007 - GS -H7 -0025, State Grant No. 07PSIC- GR34037 and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. 2. *Assembly Appointment to the Personnel Advisory Board. 3. *Confirmation of Mayoral Appointment to the Parks and Recreation Committee. 4. Oath of Newly- Elected Officials. 5. Presentation to Outgoing Assembly Members. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Monashka Bay Road Service Area Board Regular Meeting of March 11, 2008. 2. Planning and Zoning Commission Regular Meeting Minutes of July 16 and August 20, 2008. B. Reports 1. Kodiak Island Borough September 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 SUMMARY: FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 16, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -09. SCANNED Dated // Sign* ITEM NO: 13.B.1 TITLE: Resolution No. FY2009 -09 Ratifying and Certifying the Results of the Municipal Election Held October 7, 2008. The Canvass Board will_meet October 9, 14, and 15 to canvass the 2008 municipal election. Since canvassing is not going to be finished by the time packets become available to the Assembly and the public, Resolution No. FY2009 -09 either be emailed or it will be provided at the work session. Introduced by: KIB Assembly Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 10/16/2008 Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2009 -09 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH RATIFYING AND CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD OCTOBER 7, 2008 WHEREAS, the Kodiak Island Borough held a Regular Election on October 7, 2008, at which time, candidates for the following offices were voted on: BOROUGH ASSEMBLY — Three Seats BOROUGH SCHOOL BOARD — Two Seats BOROUGH SCHOOL BOARD - One Seat, One Year Term FIRE PROTECTION AREA NO. 1 BOARD — Two Seats SERVICE AREA NO. 1 BOARD — Three Seats BAY VIEW ROAD SERVICE AREA BOARD — One Seat MONASHKA BAY ROAD SERVICE AREA BOARD — One Seat WOMENS BAY SERVICE AREA BOARD — Three Seats WHEREAS, the following propositions were submitted to the qualified voters in the Kodiak • Island Borough; and PROPOSITION NO. 1 Shall the Kodiak Island Borough municipal officers and candidates for municipal office (Le. 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 Tess 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? PROPOSITION NO. 2 GENERAL OBLIGATION BONDS FOR A NEW HIGH SCHOOL, RENOVATION OF PART OF THE EXISTING HIGH SCHOOL INTO AN ADMINISTRATION BUILDING, AND DEMOLITION OF THE EXISTING BOROUGH BUILDING Shall the Kodiak Island Borough incur debt and issue general obligation bonds in an amount not to exceed One Hundred Fifteen Million Three Hundred Thousand Dollars ($115,300,000) to finance the planning, design and construction of school and other capital improvements in the Borough, including without limitation the projects described below? Project Estimated Cost New High School $106,660,000 Renovation of part of the existing High School into an Administration Building $ 6,530,000 Demolition of the existing Borough Building $ 2,110,000 WHEREAS, the Canvass Board of the Kodiak Island Borough met on October 9, 14, and 15, 2008 and tallied the votes of Write -Ins, Absentee Ballots, Questioned Ballots, and Special Needs Ballots together with votes counted on election night; and Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 1 of 11 WHEREAS, the tallies as recorded by the Canvass Board are as follows: KODIAK ISLAND BOROUGH ASSEMBLY — THREE SEATS, THREE - YEAR TERMS Judy T. Fulp 1623 Sue Jeffrey 1558 Write - Ins Dave Kaplan 349 Mel Stephens 42 Scott Arndt 29 Lorna Arndt 10 Andy Lundquist 2 Dave Stricklan 1 John Selman 1 Rich Courtney 1 Jerry Lampl 4 None of the above 2 Dana Reid 1 David Thorson 1 Reed Oswalt 5 Faith Flerchinger 1 None 1 Abstain 2 Pat Tabon 1 Andy Schroeder 1 Jim Peotter 1 Nick Troxell 1 Lou Dochterman 1 Sandy Pherson 1 Petal Ruch 6 Rick Pillans 4 Donald Duck 1 Ms. Froggy 1 Bill Kersch 2 Betsy Lund 1 Douglas A. Letch 1 Tuck Bonney 2 Greg Hacker 1 Current Good Worker 1 Dr. Steve Smith 1 Thomas Walters 1 Marge Degreef 2 Paul Hansen 1 Barbara Williams 2 Ben Millstein 1 Happy Kappy 1 Ishmael Kokou 1 Scott Griffin 1 Dave King 3 Alexander 1 Panamaroff III Tom Abell Sr. 6 Joe Bailor 1 Nick Szabo 1 Marya Nault 1 Sara Palin 1 Trevor Jones 1 Ed Mahoney 1 Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 2 of 11 Bob Nimes 1 Curt Law 1 Lisa Thomsen 1 Paul Smith 1 Mike Anderson 1 Mike Milligan 1 Lorna Steelman 1 Teresa L. Mahle 1 Bill Roberts 1 Keller Wattum 1 Barbra Stevens 1 Russ Patrick 1 Jim Mullican 1 Ian Fulp 2 Aaron Griffin 1 Mark Nyemer 1 Homer Simpson 1 Cliff Davidson 1 Clifford Kay 1 Tom Knoke 1 Lee Bondurant 1 Geovanni Tallinn 1 Scott Pillans 1 Joe Francisco 1 Anthony Cavan 1 Paul Slettadahl 1 Darlene Turner 1 Julie Kavanaugh 1 Jana Turvey 4 Alvin Nelson 1 Shawn Dillon 1 Sam Catt 1 Matthew Foster 1 James Houck 1 Nick Sandin 1 Cathy Wilson 1 Dennis McMurray 1 Bill Arnold 1 Karen Yashin 1 Gabriel Saravia 1 Greg Spalinger 1 Dean Andrew 1 Jeff Stephan 1 Bill Bacus 1 Dave Bugni 1 Dale Heath 1 Norm Wooten 1 Smokey Stover 1 Gabrielle LeDoux 1 Dale Llaotka 1 Betty Odell 1 Terry Shnieder 2 Glen Clough 1 Olga Pesterkoff 1 Brent McCormick 1 Chris Flickinger 1 Mouse Mickey 1 White EB Reagan, Ronald 1 Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 3 of 11 Oakie Chandler 1 Robert F. Happ 1 Patti Livingston 1 Dan Blackman 1 Al Cratty Jr. 1 Barton Monuie 1 Darren Muller 6 Jerome Selby 1 KIB SCHOOL DISTRICT BOARD OF EDUCATION — TWO SEATS, THREE -YEAR TERMS Peggy Rauwolf 1676 Jeff Stephan 1485 Write -Ins 274 KIB SCHOOL DISTRICT BOARD OF EDUCATION — ONE SEAT, ONE -YEAR TERM Write -ins Petal Ruch 242 Jana Turvey 154 Jerel Lampl 124 Scott Arndt 29 Brownwyn Lyman 1 Jim Peotter 1 Dave Kaplan 11 Abstain 2 Tom Abble 1 Mark Barnette 1 Robyn Cassidy 2 Charles Davidson 1 Ashley Eads 1 Mary Forbes 1 Jeff Huntley 1 Sue Jeffrey 1 Ann Kalcic 1 Matthew Martens 1 Ken McCarty 1 Jim Moon 1 N/A 1 Betty O'dell 2 James Street 1 Jen Stricklan 1 Kate Tyner 1 Nancy Wells 1 Bill King 1 TC Kamai 2 Judy Fulp 3 Jake Jacobson 1 Peggy Rauwolf 7 Roy Thomas 2 Dave Causen 1 Mickey Mouse 1 Jones 1 Dave Blacketeer 8 Jeff Stephan 7 Karen Barker 1 Kerry Bateman 1 Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 4 of 11 Mike Sirofchuck 1 Joe Floyd 1 Nancy Kemp 1 Previous or Good 1 Worker — Jerome Selby 1 Angela Haines 1 Linda Ross 1 Jeanne M. Miller 1 Jean Barber 3 Mark Anderson 1 Dan Canavan 1 God 1 Iver Malutin 2 Julie Coyle 1 Teresa Schneider 3 Katherine VanHatten 1 Bill Roberts 2 Soo -Kyang Fussey 1 Bill Jenkins 1 Betty Walters 1 Brend Friend 1 Randy Busch 1 Greg Spalinger 1 Kathy Jorritsma 1 Brian Cleary 1 Dan Rohrer 1 Rick Kiniaziowski 1 Jim Dillard 1 Geri Ford - Roberts 1 Christine Tripp 1 Marya Nault 1 Bill Smith 1 Kevin Arndt 2 Sam Rohrer 1 John Rhines 1 Spiderman 1 Lisa Thomsen 1 Homer Simpson 1 Tom Knoke 1 Janet Krug 1 Joe Francisco 1 Kristen Pananaroff 1 Cathy Wilson 2 Robert Meunier 1 Julie Kavanaugh 1 Mary Guilas - Hawver 1 Lorna Arndt 1 Larry Ellsworth 1 Paul Slettadahl 1 Scott Williams 2 Darlene Turner 1 Dana Eubanks 1 James Houck 1 Rich Kalowski Marie Rice 1 Joyce Jones 4 Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 5 of 11 Pat Jacobson 1 Patrick McDevitt 1 Dareen Muller 2 John Klemzak 1 Nick Sandin 1 Ryan Murdock 1 Maureen Butler 1 Noreen Thompson 1 Larry LeDoux 1 James Fogle 1 Bill Roberts 1 Heather Lewis 1 Rick Kniaziowski 1 Jennifer DelaFuente 1 Jennifer Stricklan 1 Connie Dooley 1 Ferry 1 Brent McCormick 1 Lisa Carlson 1 Timothy Carlson 1 Jake Paret 2 Borton Monuie 2 Darren Muller 9 Patt Gibbs 1 Justyna Katelnikoff 1 Kerry Ivory 1 Phyllis Clough 1 Selma McKee 1 Tangya Quick 1 Kathren Panamaroff 1 Cuffy 1 Tim Blott 1 Melissa Borton 1 Barbara Bolson 2 Terry Ivanoff 1 Ray Krumery 1 Dave Prokopowitch 1 Jerely Lyman 1 Don Fox 1 Steve Smith 1 Bob Happ 1 Tom Walters 1 Mark Levenson 1 FIRE PROTECTION AREA NO. 1 BOARD — TWO SEATS, THREE -YEAR TERMS Mike Dolph 830 Write -Ins Dan Canavan 14 Scott Arndt 10 Andrew Devries 6 Jim Pickett 3 Dan Farmer 2 Matt Corrier 1 Eric McFarlin 1 T.C. Charles Kamai 3 Richard Carstens 2 Ishmael Kokou 1 Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 6 of 11 Stan E. Thompson 1 Gene Lorensen 1 Mike Schielback 1 Jeff Halcomb 1 Mike Donovan 2 Fred Hawley 1 Bob Nimes 2 Lisa Thompsen 1 Homer Simpson 1 Rome Kamai 1 Eric Schneider 1 Judy Carstens 1 Mike Murray 1 Spencer Jennifer 1 Mary Linscheid 1 Greg Spalinger 3 Kevin Arndt 1 Drew Devries 2 Paul Slettadahl 1 Richard Carsten 1 Frederick J. Roberts 1 Steve Smith 1 Don Fox 1 John Swearingin 1 Steve Eggemeyer 1 Jim Devlin 1 Scott Griffin 1 SERVICE AREA NO. 1 BOARD — THREE SEATS, THREE -YEAR TERMS Write -ins Scott Arndt 15 Kevin Arndt 14 Sharon Lea Adinolfi 11 Alan Torres 8 Mike Trussel 1 Dan Canavan 6 Mel Stephens 2 Todd Dorman 1 Tom Abell 3 Reed Oswalt 1 Charlie Lorenson 4 Ed Mahoney 5 Mike Anderson 1 Andrew Devries 1 Ellen Marion 1 Eric Waltenbaugh 1 Rebecca Nelson 1 Tuck Bonney 1 Snoopy 1 Fred Hawley 1 David Perkins 1 Marcia Lynn 1 Mike Dolph 2 Dave Billings 1 Dan Rohrer 1 Lisa Thomsen 1 Homer Simpson 1 Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 7 of 11 Eric Cartman 1 Hugh Jass 1 Eric Schneider 2 Mike Murray 1 Bear Becker 1 Penny Fish 1 Jill Rohrer 1 Martine Chenet 1 Lorna Arndt 1 Keith Ruch 2 David Heuman 2 Otto C. Mahle Sr. 1 Layne Wilde 1 Charles Barber 2 Dave Blacketeer 2 Charles Garcia 1 Bill Mann 1 Katie Oliver 1 Greg Spalinger 2 Patrick Saltonstall 1 Barb Rabold 1 Sam Rohrer 1 Mark Withrow 1 Jeremy Larson 1 Paul Zimmer 1 Karl Fortune 1 ? 1 Luke Smith 1 Gary Juenger 1 Greg Deal 1 Thorvold Olsen 1 Arnold Olsen 1 Schmelzenback, 1 Evert TC Chareles I. Kamia 1 Jennifer Stricklan 1 Marcus Stewart 1 Aimee Kiniaziowski 1 Tina Witteveen 1 Pat McCarty 1 Cliff Davidson 1 BAYVIEW ROAD SERVICE AREA BOARD — ONE (1) THREE -YEAR TERM Write -ins Reed Oswalt 8 Margo Carmichael 2 Frederick J. Roberts 1 Jim Schauff 2 Susie Byersdorfer 1 Shaun Finn 1 Mr. Street 1 Alice Coen 1 Natasha Kutchick 1 Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 8 of 11 MONASHKA BAY ROAD SERVICE AREA BOARD — ONE (1) THREE -YEAR TERM Write -ins Mark Withrow Chaz Glagolich Bruce McNeil Maru Gorstend Stormy Stutes Dan Canavan Marylynn McFarland Drew Devries Kai Davidson Steve Dehart Steve Steffensen David Sundberg Corrine Estelle Ferre Frank Fish 2 Larry Elsworth 1 Tom Lance 1 1432 Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 9 of 11 4 4 1 1 2 1 1 1 1 1 2 1 1 Tena Brune 1 Steve Smith 1 Don Fox 1 Tom Anthony 1 Judy Dowell 1 WOMENS BAY SERVICE AREA BOARD — THREE (3) THREE -YEAR TERMS David Heuman 162 John Isadore 150 Scott Griffin 149 Write -ins 4 For Proposition No. 1: 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 Statutes 39.50 that will be subject to public disclosure, as well as be subject to local laws regarding conflicts of interest? Yes 1160 No 1212 For Proposition No. 2: GENERAL OBLIGATION BONDS FOR A NEW HIGH SCHOOL, RENOVATION OF PART OF THE EXISTING HIGH SCHOOL INTO AN ADMINISTRATION BUILDING, AND DEMOLITION OF THE EXISTING BOROUGH BUILDING Shall the Kodiak Island Borough incur debt and issue general obligation bonds in an amount not to exceed One Hundred Fifteen Million Three Hundred Thousand Dollars ($115,300,000) to finance the planning, design and construction of school and other capital improvements in the Borough, including without limitation the projects described below? Project Estimated Cost New High School $106,660,000 Renovation of part of the existing High School into an Administration Building $ 6,530,000 Demolition of the existing Borough Building $ 2,110,000 Yes 971 No TOTAL REGISTERED VOTERS 36 /605 - Chiniak 128 36 /608 -Flats 2,007 36/615 -KI South (Larsen Bay) 210 36/618- Kodiak No. 1 1.845 36/620- Kodiak No. 2 1.899 36/622- Mission Road 3.011 36/625 -Old Harbor 146 36 /635 - Ouzinkie 134 36/645 -Port Lions 219 Total 9599 TOTAL VOTES CAST /PERCENTAGE Votes Cast Percentage 36 /605 - Chiniak 36 28% 36 /608 -Flats 241 12% 36/615 -KI South (Larsen Bay) 31 15% 36/618- Kodiak No. 1 469 25% 36/620- Kodiak No. 2 339 18% 36/622- Mission Road 898 30% 36/625 -Old Harbor 38 26% 36 /635 - Ouzinkie 40 30% 36/645 -Port Lions 36 16% Absentee in Person 157 2% Absentee by Mail 55 1% Questioned Ballots 128 10/0 Special Needs 9 0% Total 2477 26% 2007 Votes Cast 2,105/(22 %) NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Assembly finds that the Municipal Election of October 7, 2008 was validly held and hereby ratifies and certifies the results of the election as reflected below: Borough Assembly - Three Seats, Three Year Terms Judy T. Fulp - 1623 Sue Jeffrey —1558 Dave Kaplan - 349 School Board - Two Seats, Three Year Terms Peggy Rauwolf — 1676 Jeff Stephan - 1485 School Board - One Seat, One Year Term Petal Ruch - 242 Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 10of11 Fire Protection Area No. 1 Board - Two Seats, Three Year Terms Mike Dolph — 830 Dan Canavan - 14 Service Area No. 1 Board - Three Seats, Three Year Terms Scott Arndt —15 Kevin Arndt — 14 Sharon Lea Adinolfi - 11 Bayview Road Service Area Board - One Seat, Three Year Term Reed Oswalt - 8 Monashka Bay Road Service Area Board - One Seat, Three Year Term Mark Withrow and Chaz Glagolich received four votes each. Drawn by lot, Mark Withrow was elected to the three -year seat. Womens Bay Service Area Board - Three Seats, Three Year Terms David Neuman - 162 John Isadore —150 Scott Griffin - 149 Proposition No. 1 — Financial Disclosure — Failed Yes — 1160 No — 1212 Proposition No. 2 — New High School — Failed Yes — 971 No - 1432 ATTEST: ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS DAY OF OCTOBER 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2009 -09 Page 11 of 11 TITLE: Ordinance No. FY2009 -07 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.39 Boards and Commissions. SUMMARY: 2.39.180 Termination. A. All boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three (3) years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three (3) years. Any newly created board, committee, or commission shall be subject to the provisions of this section. Prior to the termination, continuation, or reestablishment, the clerk shall publish a notice of termination sixty (60) days prior to the termination, and the assembly shall hold a public hearing, receiving testimony from the general public and members of the board, committee, or commission. In said hearing, the board, committee, or commission shall have the burden of demonstrating a public need for its continued existence. B. A determination as to whether a board, committee, or commission has demonstrated a public need for its continued existence shall take into consideration the following factors: 1. the extent to which a board, committee, commission or program has operated in the public interest; 2. the extent to which a board, committee, or commission has recommendations which are generally of benefit to the public interest; 3. the extent to which a board, committee, or commission has encouraged interested persons to report to it concerning the effect of its decisions on the effectiveness of service, and availability of service which it has provided; 4. the extent to which the board, committee, or commission has encouraged public participation in the making of its decisions; and 5. the efficiency with which public inquiries or complaints regarding the activities of the board, committee, commission or agency filed with it, with the department to which a board, committee, or commission is administratively assigned, have been processed and resolved. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SCANNED OCTOBER 16, 2008 REGULAR MEETING Date' // • ITEM NO: 13.C.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -07 in first reading to advance to public hearing on November 7, 2008. AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY RE- ESTABLISHING BOARDS, COMMITTEES, AND COMMISSIONS AS ESTABLISHED IN THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.39 BOARDS AND COMMISSIONS KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -07 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Assembly Borough Clerk Borough Clerk 10/16/2008 WHEREAS, all boards, committees, and commissions established under Title 2, Chapter 2 of the Kodiak Island Borough Code of Ordinances, with the exception of those mandated by law, shall terminate by operation of law every three years, unless affirmatively re- established or continued by the Assembly; and WHEREAS, the assembly shall hold a public hearing to receive testimony on the need for the continued existence of the board, committee, or commission from the general public and members of the board, committee, or commission; 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: The following boards, committees, and commissions are hereby affirmatively re- established in the Kodiak Island Borough Code of Ordinances effective midnight December 31, 2008: ATTEST: Chapter 2.12 Chapter 2.41 Chapter 2.42 Chapter 2.43 Chapter 2.45* Chapter 2.49 Chapter 2.53 Personnel Advisory Board Emergency Services Council Kodiak Economic Development Commission Parks and Recreation Committee Architectural /Engineering Review Board Arts Council Advisory Committee Solid Waste Advisory Board 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 -07 1 of 1 TITLE: Ordinance No. FY2009 -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B- Business Zoning District. SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 16, 2008 REGULAR MEETING SCANNED Datel* Sign / ITEM NO: 13.C.2 The Community Development Department received this case in 2008. It was combined with a number of other Larsen Bay Community cases that were taken into consideration when the Planning and Zoning Commission traveled to the community of Larsen Bay in May of 2008 and again last month to hold public hearings on this request for a rezone from R -1 Single Family Residential zoning district to the B- Business zoning district. After the September 20, 2008 public meeting and after receiving community public testimony, the Planning and Zoning Commission is forwarding this case to the Borough Assembly recommending a rezone of this parcel from R1- Single Family Residential to B- business consistent with the newly adopted Comprehensive plan. The "findings of fact" supporting the Commission's decision has been incorporated in this packet. In addition, materials reviewed by the Commission are also included for Assembly consideration. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -08. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -08 Introduced by: Manager Gifford Requested by: P &ZC Drafted by: CDD Staff Introduced: 10/16/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING USS 4872 LARSEN BAY TOWNSITE, TRACT A, BLOCK 16, LOT 12 FROM R1- SINGLE FAMILY RESIDENTIAL TO B- BUSINESS ZONING DISTRICT WHEREAS, the Kodiak Lodge is an established hunting and fishing lodge in the community; and WHEREAS, owners of this establishment seek to rezone the parcel of land in keeping with its current use as a lodge and to be consistent with the new KIB comprehensive plan that identifies this parcel for commercial use; and WHEREAS, the Planning and Zoning Commission (P &ZC) conducted meetings and public hearings in Larsen Bay on this and other parcels; and WHEREAS, P &ZC recommends the Assembly find that a rezone of this parcel to B- Business is in keeping with the nature of the existing lodge operation and that it is consistent with the 2008 Comprehensive Plan that identifies this lot for commercial purposes; 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: Larsen Bay Townsite, Tract A, Block 16, Lot 12 be rezoned from R1- Single Family Residential to B- Business District subject to the following effective clause: "Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void." 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. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the western side of the Larsen Bay Subdivision near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move Kodiak Island Borough Ordinance No. FY2009 -08 Page 1 of 2 into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more commercial at this point in time and that a rezone to B- Business will create not likely result in additional commercial development that would require additional resources from the city's limited infrastructure system. With the recent update to the KIB Regional Comprehensive Plan and it is now time to start making zoning decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to approve this request is one based upon conditions in the community and the recommendations of the 2008 KIB Comprehensive Plan Update. A recommendation for approval would further the goals and objectives of the comprehensive plan for Larsen Bay. 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 -08 Page 2 of 2 J Current Location P & Z Case # 08 -021 Maschmedt, Don J. Request: A rezone, in accordance with KIBC 17.72.030. C (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12. from R -1 Single Family Residential to B - Business. • Legend Subject Parcel, Tr A Bk 16 L1 12 Parcels oDt��P �+t►O�e�►�'' _ ®�a tt 1.4 Feet 0 1,000 2,000 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 Mormation: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 anent computerized property records in the Assessing Dept. This data has not been reconciled with data contained In manual files which may be more up•to•date. Kodiak Island Borough Community Development Department. Current Zoning Request: Rezone from R -1 SFR to B- Business Larsen Bay Rezone Requests Eighteen (18) total parcels Agent: Multilple /167 /eri 5 6 Legend Subject Parcels, 18 Total Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Feet 0 1,000 2,000 1 1 Map prepared for the purpose of shaving the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002: Contour Information:USGS Digital Elevation Model Kodiak Alaska. 50 foot intervals, Scale is 1:63,360 Created In ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Photo(s) P & Z Case # 08 -021 Maschmedt, Don J. Request: A rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tract A Block 16 Lot 12, from R -1 Single Family Residential to B - Business. Legend Tr A Block 16 Lot 12 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 k4onnation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Paitel Information is taken from selected fields in the current computerized property records In the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. MEMORANDUM DATE: September 10, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the Sept. 20, 2008 Regular Meeting CASE: 08 -021 APPLICANT: Don J. Maschmedt (DBA Larsen Bay Properties, LLC) REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 16, Lots 12, from R1- Single- family Residential IQ B- Business LOCATION: 1304 First Street ZONING: R1-Single-family Residential Eight (8) public hearing notices were mailed on September 3, 2008. Date of site visit: May 9, 2008 1. Zoning History: All land in the City of Larsen Bay was zoned R1- Single - family Residential by KIB Ordinance No. 77 -19 -0. Since that time, four additional rezones were approved for Larsen Bay in KIB Ordinances No. 88 -19, No. 89 -16, No. 91 -28 and No. 93 -52. The result is that nine (9) city owned parcels are now zoned PL- Public Use Land, one (1) privately owned parcel is zoned B- Business and the Larsen Bay Airport is zoned LI -Light Industrial. 2. Lot Size: Tract A, Block 16, Lot 10 3. Existing Land Use: Lot 1, Block 1 4. Surrounding Land Use and Zoning: North: Larsen Bay Use: Vacant Zoning: NA South: Tank Farm Tract Use: Fuel Tank Farm Zoning: R1-Single-family Residential Case 08 -021 /Staff Report Public Hearing Item VI -D 70,300 Sq. Ft. Lodge/Residential Page 1 of 25 September 20, 2008 East: West: Tract A, Blk 16, Lot 11 Use: Single - family Residential Zoning: R1- Single - family Residential Tract A, Blk 16, Lot 13 Use: Lodge Zoning: RI- Single - family Residential Public Hearing Item VI -D 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update designates this lot for Commercial use with Residential use designated on the adjoining lots in the same block. 6. 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: 17.02.020 Reference and Use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. The Kodiak Island Borough Comprehensive Plan Update, 2007, prepared by Cogan- Owens- Cogan. (Adopted by Ordinance No. 2007 -10, effective December 6, 2007); 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 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 Case 08- 021 /Staff Report Page 2 of 25 September 20, 2008 Public Hearing Item VI -D 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 Commercial Development 1. Natural Features 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: 2. Natural Setting, Views and Access Consistent: 3. Dredge and Excavation Material Case 08- 021 /Staff Report 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. 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. N /A. This action will result in not result in a reduction of public access to the shoreline nor adversely impact scenic views. 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. Page 3 of 25 September 20, 2008 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: 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. Consistent: 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 Case 08- 021 /Staff Report Public Hearing Item VI -D 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. Yes. A number of lots in the rezone area are larger than typical residential lots in the Larsen Bay Townsite Subdivision and can therefore provide a greater degree of building setback or buffer area. Commercial zoned lots adjoining residential may be required to install a screening fence, subject to Commission review and approval. 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. Page 4 of 25 September 20, 2008 Residential Development 1. Location Consistent: 2. Open Space 3. Access Case 08- 021 /Staff Report Public Hearing Item VI -D 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. Yes. Onsite well and septic systems are required to meet the standards of ADEC where municipal water and sewer are not available. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: . N /A. This request does not involve the subdivision of land. New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: N /A. This request does not involve the subdivision of land. 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: Yes and No. There are several lots which are located within 30 feet of mean high water. According to the 1983 KIB Coastal Management Plan, lots located within 30 feet of MHW are vulnerable to Tsunami and severe storm surge. Lots within this elevation should probably not be developed with commercial or residential uses unless the structures can reasonably be "flood proofed" through the design of the buildings and the application of appropriate technology as part of the construction. Page 5 of 25 September 20, 2008 Population 5. Wetlands According to the January 2008 KIB Comprehensive Plan Update, the year- around population of Larsen Bay has been steadily declining for the past seven years or more. This decline in population was nearly 16% in the years from 2000 to 2005 based on state estimates. A visual representation of the negative population trend in Larsen Bay is shown on Figure 1. Local Government The City of Larsen Bay is a Second Class City incorporated under the applicable provisions of Alaska Statutes Title 29. As a general law municipality, it exercises much authority over the day -to -day activities in Larsen Bay. The city owns and operates the local landfill, water and sewer utilities, electrical utility, as well as providing for road maintenance and many other general government functions. The City of Larsen Bay is also a taxing authority which has imposed a $5.00 per lodge guest per day "bed tax" or transient accommodation tax on guests lodged in the community. A request for bed tax information from the City of Larsen Bay was not available in time to be included in this staff analysis. Should such information be received prior to public hearing it will be presented as an attachment to this report. The native community of Larsen Bay is served by the Larsen Bay Tribal Council. Native tribal or traditional councils act as a governing body to represent Alaskan Native residents in the Borough. These councils govern local affairs and provide a variety of social and other public services. Zoning Regulations The Kodiak Island Borough is a Second Class Borough which exercises zoning and platting authority within the Borough as well as within all cities located within the Borough. In accordance with Alaska Statutes Title 29, only a first class or home rule municipality may request a delegation of zoning and platting authority. The City of Kodiak is the only eligible municipality at present and it has not requested such a delegation. Case 08 -021 /Staff Report COMPREHENSIVE PLAN REVIEW Public Hearing Item VI -D Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. This request does not involve filling or draining of waterbodies. Page 6 of 25 September 20, 2008 Public Hearing Item VI -D In order for the Kodiak Island Borough to wield land use authority is must adopt and maintain a borough -wide comprehensive plan. The Borough recently adopted a borough -wide comprehensive plan update in December 2007. In addition, the 1984 Larsen Bay Comprehensive Plan is still a part of the Borough's adopted plan set. According to the newly updated plan, the new plan takes precedence over policies and recommendations that may be in conflict between the two plans. In other areas covered by the 1984 plan that are not covered in the borough -wide plan the 1984 still has relevance as a policy tool. Future land use maps prepared during the local comprehensive planning recently concluded were largely based upon previous land use plan maps associated with earlier (adopted) plans. This was done to provide a starting point at the beginning of the planning process. In each community residents were asked to identify general or specific changes to proposed future land uses. While the maps may show certain land use designations associated with only a single parcel or small group of parcel, the reviewer must keep in mind that the plan is a generalized policy document and that the maps alone do not create an entitlement to the proposed land use designation. The guidance in the plan is based largely on public input and not on the kind of investigative information that is usually provided in a zoning change review. Therefore, while the plan may have adopted a property owner's suggestion or some other publicly gathered input, the final decision to change a zoning designation must be generally consistent with the plan, but it must also consider other cogent factors relevant to the physical context of the site and the impact the change in use will have on the surrounding community. Another consideration that must be taken into account is the timing of a zoning change. Comprehensive plans typically project future land use proposals for a 10, 15 or 20 year period. The Commission and Assembly are not obliged to implement such recommendations in the plan if the overall condition and context of the community are not ready for such changes. As indicated in KIBC 17.01.030 (Intent), the purpose of the KIB system of land use regulation is to: ❖ Provide for orderly development; + Lessen street congestion; ❖ Promote fire safety and public order; 4. Protect the public health safety and general welfare; ❖ Prevent overcrowding; ❖ Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and ❖ Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. In general, residents of smaller communities recommended allowing for a mix of residential and commercial or home employment uses in some portions of their communities, in combination with assurances that non - residential uses will not adversely impact nearby residential and institutional uses. This can be a very difficult proposition to address when remote communities are forced to develop in a very compact and "organic" nature due to the limits of extending infrastructure beyond the high to medium density core community. While many Comprehensive Plan meeting participants were satisfied with existing zoning regulations, some suggested that the Borough revisit the types of uses allowed in certain zones. Case 08-021/Staff Report Page 7 of 25 September 20, 2008 The most common complaint is that lodges and Bed and Breakfasts should be allowed more widely, including within the Rural Commercial zone. However, others expressed concerns about the appropriateness of allowing lodges to locate within existing neighborhoods, particularly if they have the potential to adversely affect surrounding residential uses due to noise or other conditions. Some comprehensive plan participants were also interested in adopting standards for building aesthetics and signage, especially for large commercial buildings. Most current zoning and land use issues in the villages are related to providing land use flexibility, reducing conflicts and eliminating non - conforming uses. The necessity of coordinating existing local Comprehensive Plans with the updated Comprehensive Plan before adoption was also cited as an issue. Goals, Policies & Implementation Actions (General) Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policies: Policies: Case 08-021/Staff Report Public Hearing Item VI -D + Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards and other means. + Zone land to meet future housing, commercial, industrial and other land needs. Implementation Actions: d• Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native -owned lands to help meet these needs. + Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. ❖ Update the Borough's zoning code to allow a more flexible set of uses in smaller communities, while continuing to minimize conflicts among adjacent , potentially incompatible uses. Use size limitations, restrictions on noise or odor, buffering and other means to minimize conflicts. Goal: Develop a comprehensive management framework to encourage economic development while protecting coastal resources. ❖ Encourage future industrial and conimercial development to be sited and constructed to promote the most efficient utilization of waterfront areas and coastal resources. ❖ Ensure that new development complies with municipal, state and federal land and water regulations. Page 8 of 25 September 20, 2008 Public Hearing Item VI -D ❖ Encourage innovative development designed to maximize the use of available land. Goal: Ensure that land use and development decisions consider subsistence resources and activities. Policies: ❖ Partner with local communities, land owners, state and federal agencies, and Native groups to maintain and improve fish and wildlife habitats important for subsistence resources and activities. • Support the use of, and access to, subsistence resources by subsistence users. Implementation Actions: ❖ Require development to avoid or minimize potential adverse impacts to subsistence resources and activities. Goals., Policies & Implementation Actions (Economy) Tourism: There is no formal measure of jobs provided in the tourism industry. These jobs are often included in other sectors of the economy, such as transportation. However, in 2005, there were 469 employees working in the leisure and hospitality sector (borough- wide), many of whom serve Borough visitors. The Borough tourism industry's most important asset is the large amount of easily accessible public land and water available for recreational use. A wide variety of year - around outdoor activities are available to tourists on the Kodiak Archipelago, including hiking, fishing, hunting, wildlife viewing, adventure activities, and camping. The Kodiak area offers many charter boats, fish camps, float trip guides and outfitters and wilderness lodges. Tourism services and facilities offer a broad range of accommodations (hotels, bed and breakfast and lodges). Outside of the City of Kodiak and its associated road system are six Native communities. Each community has unique cultural traditions, offering varying levels of tourism facilities and services. Communities with the most tourist facilities (lodging, charter fishing, guides and outfitters) are Old Harbor, Larsen Bay and Ouzinkie. The vast majority of Kodiak Island visitors take part in recreational and tour activities outside the populated areas. The greatest tourism development challenges for the Borough are in the areas of infrastructure and attraction development in smaller communities, accessibility problems due to weather, and marketing. Kodiak is more difficult to reach than other visitor destinations within the state because it is a non -road connected island. Many tourists perceive Kodiak as difficult to access because of poor weather conditions. In fact, 95 percent of scheduled commercial flight operations are completed annually. However, the lack of runway lights, navigation aids and poorly configured runways does create difficulties accessing the outlying communities in bad weather. Case 08- 021 /Staff Report Page 9 of 25 September 20, 2008 Public Hearing Item VI -D Many challenges still exist in many of the smaller communities within the Borough. While these communities have a great many assets to draw upon in attracting visitors, most have yet to develop their potential or to build the basic infrastructure necessary to accommodate visitor needs. Issues: Support for Tourism. Comprehensive Plan meeting participants suggested infrastructure improvements and other actions to support the tourism industry. Residents of many of the smaller communities also have identified dock improvements that would allow passenger ferry service, as important for supporting tourism and other local needs. Nearly 80% of participants in a Borough -wide telephone survey identified them as important or very important. Participants in some meetings expressed a concern that allowing for too much tourism could adversely affect rural communities and/or create conflicts between visitors and residents. However just over 40% of participants in the Borough -wide phone survey believe the benefits outweigh the costs and another 30% think the costs and benefits are about the same. A balanced approach to tourism marketing that will help balance the economic decline in commercial fishing and other industries, while minimizing adverse impacts on local communities is recommended by some. Sport fishing, Guiding and Subsistence Fishing and Hunting: Community members noted the importance of ensuring that elected representatives understand the importance of sport and subsistence fishing, in addition to commercial fishing. Some studies indicate that the sport fish catch is more valuable to the local economy per pound than commercial fishing. There is a need for local registration areas to protect local hunters and guiding outfits. Economic Diversification. Comprehensive Plan meeting participants noted that, while it is important to support fishing and tourism, action should be taken to diversify the Borough's economy and support other economic sectors that are less cyclical and/or seasonal. Over 70% of telephone survey participants say this is important or very important. Some potential examples include: improving economic opportunities in outlying villages, particularly for young people; potential changes in tourism, including opportunities for increases in small cruise ship visits; recreational tourism, including large yacht traffic; and the potential for increase meeting and conference activity. Goal: Enhance the Visitor Industry's role as a significant component of the Kodiak Region's Economy. Policies: ❖ Help monitor tourism development efforts to minimize adverse impacts on local communities. Goal: Diversify the overall economy of Kodiak Region. Policies: Case 08- 021 /Staff Report ❖ Assist in the economic development of the outlying communities of Kodiak Island in cooperation with city governments, Tribal Council, Page 10 of 25 September 20, 2008 Public Hearing Item V1 -D Koniag, KANA and others, and consistent with local community goals identified in this plan and other planning efforts. ❖ Encourage and facilitate small business development on Kodiak Island. Implementation Actions: ❖ Assist local government entities with their efforts to secure funding for capital improvement projects. Goals, Policies & Implementation Actions ( Housinj) According to the January 2008 MB Comprehensive Plan Update, there are 68 total single- family detached housing units in Larsen Bay. This figure may not reflect the use of some housing units as seasonal lodges and Bed & Breakfasts however. According to Census data, about 43% of all housing units in Larsen Bay were built during the 1980 to 1989 time frame. Only 3% of the total housing stock has been constructed since 1990 which indicates that 54% of all Larsen Bay housing was constructed in 1979 or prior years. Kodiak Island Housing Authority developed 28 housing units in Larsen Bay originally. These units were intended to allow the property owners to accrue equity in the properties on a "lease to own" basis, eventually culminating in a full conveyance of ownership. According to the Plan update, 10 units have been conveyed into private ownership since this program was begun with 18 housing units still in KIHA ownership. There is no housing affordability data or future needs information in the plan that specifically references the Larsen Bay. Based on the declining population of the community that was mentioned previously it is hard to imagine that the cost of housing in going up on the basis of unsatisfied demand for housing. In addition, the cost of heating fuel and other utility services in Larsen Bay is likely to be burdensome to a typical householder such that it would likely serve as a significant off -set to any savings obtainable in the housing market through reduced demand. This condition may be making the acquisition of residential property and structures to be used for seasonal income purposes, i.e. lodges, vacation rentals, bed & breakfasts, etc., may eventually make it harder to reverse the current trend of dwindling residential population. This may also be contributing to the current difficulties in maintaining a stable community leadership structure as the members of the community depart Larsen Bay or become seasonal -only residents, thereby not qualifying for city leadership positions. There is a recognized need for new or improved teacher housing which was a universal concern in all of the outlying communities as a means to improve the quality of life and thereby encourage teachers to stay in the communities longer. Along the same lines is a growing need in all communities to provide improved hosing forms and services for elders so that they may be able to stay in their home communities throughout their later years without having to move to a larger community to obtain the age specific services they may need. Case 08- 021 /Staff Report Page 11 of 25 September 20, 2008 Public Hearing Item VI -D There is no vacancy rate housing data specifically called out in the plan for Larsen Bay. Staff believes a reasonable inference to the data that is available however may point to the possibility of vacant residential units and vacant residential properties becoming a relatively cheap and affordable target for conversion to seasonal lodge or hospitality trade use. Given the somewhat random manner in which these properties may be acquired for these purposes, the only way to ensure some balance of land uses in the community is through judicious plan implementation, systematic zoning, and disciplined code enforcement. Once residential properties are designated for non - residential purposes (and lodging (except for bed & breakfast) is generally a considered a business /service, not a residential use), it will be much harder to reverse course should the population trend in the community have an opportunity to reverse course at some point in the future. Staff believes that unless there is a determined mind set to reserve a certain amount of land for housing within the existing Townsite, a determined trend of residential to commercial zoning conversion in Larsen Bay could at some point become an impediment to such a population trend reversal. Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. Policies: ❖ In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority and others, help ensure that there is an adequate supply of developable residential land to meet long -term housing needs throughout the Borough, including housing for seniors. • Support efforts to improve and/or identify adequate teacher housing facilities in outlying villages and cities. ❖ Work with local communities and residents to support development of alternative, less - costly fuel or energy sources. Implementation Actions: • Explore ways to address or mitigate the high cost of heating oil for Borough residents, particularly for households with limited incomes. ❖ Continue to work closely with the Kodiak Island Housing Authority to support programs to provide housing to individuals and households with limited incomes. :• Identify possible locations and funding sources to construct senior housing facilities in the City of Kodiak and outlying communities. Goals, Policies & Implementation Actions (Transportation) Larsen Bay is served by at least two regularly scheduled flight services and a number of charter flight service operators. The Larsen Bay airport is maintained and operated by the State of Alaska, Department of Transportation and Public Facilities. The length of runway is approximately 2,700 feet and the airport is one of the few outlying runways to have runway lighting installed. Case 08- 021 /Staff Report Page 12 of 25 September 20, 2008 Public Hearing Item VI -D The airport runway is unpaved and is limited to serving relatively small and slower moving aircraft. The community has expressed a desire to lengthen the runway to serve larger aircraft that could flight directly between Larsen Bay and Anchorage rather than having to go through Kodiak as the regional hub. At present it does appear that ADOT/PF is moving towards longer runways for outlying community airports, but it is unknown whether the current runway length standard would satisfy the community's perceived need or whether the airport is situated in a location suitable for such improvements. The fact that Larsen Bay has regularly scheduled air transportation services, coupled with its local infrastructure is probably why the community has become a popular destination for recreationists and lodge clients. In addition, the present quality and abundance of fish and game are also factors that make Larsen Bay a desirable tourist destination. Ground transportation in Larsen Bay is by POV and ATV. Given that the roads in Larsen Bay are unpaved, it would be advisable to restrict commercial lodge traffic to the main thoroughfares to the greatest extent possible. Access drives directly onto an arterial or collector class street should be encouraged if not outright required in the context of commercial vehicle traffic in close proximity to residential land and uses. Goal: Improve air transportation between the City of Kodiak, KIB villages and the rest of Alaska. Policies: Case 08- 021 /Staff Report •2 Support local communities in identifying future land and facility requirements for landing strips and airport expansion and identify appropriate sites. ❖ Repair and expand old runways to accommodate new aircraft and to enhance economic opportunities. ❖ Support regular air passenger and freight service to all communities within the Borough. The City of Larsen Bay also operates a small boat harbor that was constructed by the State of Alaska Department of Transportation and Public Facilities. This is another desirable feature of the community that helps to encourage and support local charter and transporter activities in addition to local subsistence and commercial fishing. At the time of this writing staff does not have a count of the total number of slips available in the harbor and how many are committed to long term use agreements. Issues: Marine Freight Service. Residents expressed the need for marine freight service, which was recently discontinued by the primary carrier for most rural communities. Goal: Improve facilities for water transport of passengers and freight. Page 13 of 25 September 20, 2008 Policies: Public Hearing Item VI -D • Explore the feasibility of regular ferry service to communities off the road system to reduce the cost of freight and passenger transport, support economic development goals and provide a wider range of transportation options for residents and visitors to those communities. Implementation Actions: ❖ Promote an ADOT &PF feasibility study for an Alaska Marine Highway System regional ferry system based in Kodiak to improve passenger and freight haul costs and reliability. ❖ Construct and/or improve docks, harbors and boat launch facilities in communities throughout the Borough. Identify land and facility needs for such facilities. Other Issues: Maintenance: Maintenance of the existing transportation system should be prioritized. In addition, local, regional, and state jurisdictions should work collaboratively to document and monitor maintenance needs, funding, and expenditures. Improved Coordination. Better communication and coordination among ADOT &PF, KIB, and cities is needed to efficiently plan for future transportation systems, including in rural areas and other communities where additional growth may be expected. Resolution of planning and construction schedules and cycles among different agencies also is important. Land Use and Transportation Coordination. Development, land use and transportation are inextricably linked and need to be coordinated to ensure facilities are adequate to serve current and future residents and that new growth does not overwhelm individual facilities or intersections. Development and maintenance of transportation facilities also should support demand for recreational use and facilities, including parks, open space and trails. Goals, Policies & Implementation Actions (Public Services and Facilities) The City of Larsen Bay operates and maintains nearly all infrastructures serving the city residents. Two notable exceptions are the airport and the telephone system. The city operates and maintains a water and sewer system. The sewer system only serves the east half of the community however, lots in the west half are served by on -site septic systems. The sewage is only provided treatment through a septic tank system before the effluent is conveyed to an off- shore mixing zone through an outlet pipe. One public hearing notice and several phone calls have expressed concerns with the adequacy of the sewer system and in one instance partial system failure was being alleged. The property owner indicated that raw sewage perceptible by its odor was being observed at certain locations in the eastern portion of the community. This will bear further investigation when staff and the commission are in Larsen Bay, although the actual responsibility for regulating such wastewater systems rests solely with the Alaska Department of Environmental Conservation (ADEC). For those lodges utilizing on -site septic systems, an effective clause would likely be appropriate Case 08- 021 /Staff Report Page 14 of 25 September 20, 2008 similar to what was required for the Chiniak Winery rezone to ensure that onsite systems meet applicable ADEC standards before allowing any zoning change to become effective. Goal: Provide reliable water supplies and sewage treatment systems. Policies: Implementation Actions: ❖ Work with local communities to support upgrades to water supply systems reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. ❖ Encourage the development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities as needed. The city owns and operates the local landfill. In recent years the city has obtained grants to fence and improve the landfill in order to make it less attractive to bears and more compliant with ADEC and EPA regulations. Lodge uses while often seasonal have the potential to transport large amounts of food and consumer goods in support of staff and clients which can increase the amount of trash that is subsequently disposed of in the landfill. Staff has requested information on the operation of the landfill and the usage rates charged for this service; however the information has not been received as of this writing. It is not clear to staff exactly how fish waste and offal from lodge related fishing and hunting activities are being dealt with in order to minimize negative bear interactions and to ensure that public health and sanitation is protected. Goal: Maintain and improve solid waste disposal services and facilities. Policies: Case 08-021/Staff Report Public Hearing Item VI -D • Work with local communities to support upgrades to water supply systems to reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. ❖ Encourage development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities, as needed. ❖ Maintain and upgrade the solid waste and landfill facilities within the MB, in collaboration with local communities. ❖ Coordinate with state, federal and local agencies to identify, fund and implement optional disposal procedures for marine wastes. ❖ Explore and promote additional economically sustainable opportunities for recycling and waste reduction. Page 15 of 25 September 20, 2008 Case 08-021/Staff Report Public Hearing Item VI -D • Support efforts or programs to remove metal waste and other large or hazardous waste products from local communities, particularly those off the road system. ❖ Support local community efforts to address scavenging bears at solid waste landfills. The city owns and operates the local electrical power system, which includes a combination of hydro - electric and diesel generators, along with all the distribution lines and transformers. The distribution system is largely located underground with occasional transformer pedestals strategically located to facilitate power distribution and maintenance. One downside to the hydro - electric power system is that the penstock for the system is the same reservoir that provides drinking water to the community. Given that the community does not have a suitable backup water supply, the water level in the reservoir requires constant monitoring to ensure that domestic water supplies are not sacrificed for the sake of electrical power. The city can switch to diesel fired generator sets in this event, however the result in a significant increase in the electrical production costs to the entire community. It is staff understanding that there are no electrical meters in Larsen Bay and that the utility rate is based on a flat rate system. While it is not appropriate to get too deeply into the city's business regarding utility rates and operating costs, the capacity of the city to reasonably provide electricity and other municipal services should be a principal focus of this investigation. The city has in fact provided a city council resolution indicating the infrastructure of the city to currently be at capacity such that additional lodging or other facilities cannot be supported. Although the city could conceivably raise service rates to compensate by raising additional revenues, it has to balance this prospect against the potential of pricing out other residential and governmental service providers. Goals, Policies & Implementation Actions (Education) The Kodiak Island Borough owns the Larsen Bay community school building and it is responsible for major maintenance of the building. The Kodiak Island Borough School District (KIBSD) is responsible for providing the school curriculum .and day -to -day building maintenance. It does not appear that the rezone of land to support lodges will at this point have a significant impact on the school however should the number of students enrolled fall below 10 students due to the overall population decline of the community, the school will be closed according to KIBSD policy. Goals, Policies & Implementation Actions (Public Safety, Fire Protection, and Emergency Services) Larsen Bay has one full-time VPSO to provide public safety services to the community. The community also has a volunteer fire department with one fire truck and a smaller "fire trailer ". Both pieces of equipment are available for fire response within the community. The community also has a 20 foot shipping container with oil spill cleanup supplies in order to generate an initial response in the event of a reportable petroleum spill. The city has a tsunami shelter located above the Townsite in case of a major tsunami event. Staff does not know whether the facility is sized to accommodate large numbers of tourists in Page 16 of 25 September 20, 2008 Policies: Policies: Policies: Case 08 -021 /Staff Report Public Hearing Item VI -D addition to the full -time residents of the community. Given that many of the proposed lodge zoning areas area located along the shoreline areas some thought may need to be given to this possibility. The community has a small medical clinic which is operated by the Kodiak Area Native Association. Not much more is known about the number and qualifications of staff working at the facility or what the general hours of operation might be. Goal: Support the state, cities and local service districts in continuing to provide adequate law enforcement, fire protection and other emergency services. ❖ Endorse efforts of local communities to retain village public safety officers (VPSO's). ❖ Support existing local fire protection districts and volunteer organizations; promote formation of new districts or groups within local communities where resources are available. Implementation Actions: ❖ Coordinate with and provide technical support to local communities in addressing their fire protection and emergency response needs. Goal: Work with private, Native and other organizations to support provision of cost effective health care services for all Borough residents. ❖ Support efforts by KANA and others to address health care issues in outlying communities. ❖ The City of Larsen Bay supports a local Senior Center which is located within the principal city office building. The operation of the center is a collaborative effort between the Senior Citizens of Kodiak, Inc. and the Kodiak Area Native Association which provides congregate meals to senior citizens 60 years of age and older. Not much more is known about the staffing and operations of the facility the time of this writing. Goal: Support development of housing and associated services for seniors to meet current and future needs. ❖ Continue to support efforts of the SCOK to develop senior housing and services, including options that allow for seniors to live independently in their own communities as long as possible, as well as assisted living or senior care facilities. ❖ Continue to support efforts of KANA and the Kodiak Island Hospital to provide health care and related services for seniors throughout the Borough. Page 17 of 25 September 20, 2008 Implementation Actions: ❖ Explore specific tools to encourage development or improvements to senior housing, such as tax breaks, flexible development regulations, and technical assistance for grant writing. Goal: Help provide energy in a cost effective, energy - efficient manner, in part to address the effects of high costs of fuel. Policy: • Promote alternative uses of energy and conservation. Goals, Policies & Implementation Actions (Parks & Recreation) Public Hearing Item VI -D Implementation Actions: ❖ Develop a borough energy plan in coordination with statewide planning programs. • Explore opportunities for new hydroelectric, tidal, or wind power facilities in local communities throughout the Borough; utilize case studies and best practices from similar projects in other communities. • Explore the feasibility of providing subsidies to low income households to assist in paying for the cost of heating and/or electricity bills. Probably the biggest reason for Larsen Bay to be a tourist and recreation destination is its location abutting the Kodiak National Wildlife Refuge. That, and its proximity to marine waters which provide access to many productive fishing and hunting areas makes Larsen Bay an ideal location for lodging operations. The City of Larsen Bay provides a great deal of infrastructure support that would ordinarily be unavailable or very costly to provide in a remote lodge setting, such as the state sponsored airport, small boat harbor and community electrical system. In addition the location of the community serves as an intermodal transportation node where travelers may transition from one form of transportation to another if they are heading for a recreational area or activity outside of the Larsen Bay Townsite. In addition to the marine waters, hunters, fishers and recreationists may also travel overland by ATV to Karluk Lake and the Karluk River drainage. Staff understands that access to this area may be subject to KNWR permit limitations through a joint agreement of the Refuge and the Koniag Native Corporation which controls much of the land involved. Goal: Maintain and/or improve access to public recreational lands, including via Native Corporation or other private lands, where possible. Policy: Case 08- 021 /Staff Report ❖ Support acquisition of easements, land or other methods for accessing recreational lands and resources. Page 18 of 25 September 20, 2008 Policies: Case 08- 021 /Staff Report Implementation Actions: ❖ Establish criteria and a process that can be used to identify and prioritize specific areas where access is needed and desired by community residents and visitors. ❖ Investigate and assess the feasibility of specific tools for establishing or requiring access; determine which tools are most appropriate for specific conditions or situations. Goal: Ensure the long -term viability of and maintain a high level of quality of the recreation experience in Kodiak for both residents and visitors. Policies: Public Hearing Item VI -D ❖ Support the development of recreational facilities in village communities and other designated areas within the KIB; encourage communities to develop and update local recreation plans. Goal: Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. ❖ Work with public land managers and private landowners to develop and implement policies and regulations for the intensity and density of permanent recreational facilities and temporary recreational activities. ❖ Assess cumulative impacts and identify carrying capacity considerations associated with commercial recreation and tourism development in the KIB. ❖ Consider implementation of requirements for remote recreation activity such as concentrating the development in specific nodes or permitting clusters of commercial recreation and tourism development in selected locations. Implementation Actions: ❖ Evaluate the impact of commercial recreation and tourism development on sensitive fish and wildlife populations and their habitat, cultural resources and water quality. ❖ Consider the costs of commercial recreation and tourism on adjacent landowners. Chapter 10 - Environmental Quality As previously mentioned, the City of Larsen Bay provides the community with a supply of potable treated water. The water shed for the city reservoir is located south of the Townsite and extends substantially into the KNWR. While unlikely to affect the water supply, potential sources of water pollution to the surrounding marine waters include: 1) community sewage outfalls; 2) failing on -site septic systems located close to tidewater; 3) fish processing and waste disposal; and 4) non -point pollution sources. Page 19 of 25 September 20, 2008 Public Hearing Item VI -D Of particular concern in this regard is the adequacy of the existing community wastewater system and the adequacy of on -site septic systems located in the west half of the Townsite. Although ADEC and other federal agencies don't have a presence in remote areas of the state, they do still have regulations that must be met by the operators of community sewer systems or on -site wastewater systems that is used for commercial purposes. There are also state and federal regulations pertaining to air quality, but this seems to be a lower priority issue in the outlying communities. The KNWR and private land owners such as the Koniag Native Corporation are in the best position to regulate the habitat values on the land under their control. Indeed they would be the responsible parties for any activities taking place that might violate existing environmental regulations assuming that more culpable parties cannot be identified. The more activity in an area that relies upon motorized transportation the more chance for oil or fuel spillage to occur. In addition, these activities will produce over time waste products such as waste oil and antifreeze contaminated water as a by- product of vehicle use. Certainly this is already a reality for year around residents but the advent of many lodges may cause a spike in such waste products due to the relatively short and intense tourism season. It is unknown as of this writing just exactly how these wastes are currently being disposed of. In addition to the fish and wildlife resources that are the main attraction for tourists and recreationists, there are many other desirable attributes of the area which may attract visitors such as scenic resources and historic resources. These resources are usually considered a side benefit to other recreationist activities, however in each case recreational use and the development that supports it may inadvertently have an impact on these resources if the siting and development of support facilities, such as lodges, are allowed in an unregulated fashion. Because much of the uplands are owned by the KNWR and private Native Corporations, these land owners are more likely to exert control over scenic and historic resources. In some regards it makes sense to have lodges concentrated in a Townsite area such as Larsen Bay rather than having them dotting every viable location along the shoreline. So long as the community can provide adequate infrastructure support at an affordable cost and the lodge uses contribute to the community in other economic ways to provide an off -set for seasonal impacts. A number of potential impacts are mentioned in the comprehensive plan, 1) wasted and contamination disposal practices that might impact watersheds and drinking water quality. Chapter 11— Please see excerpt attached to Case 03 -011 and placed in file for this case. GENERAL COMMENTS The petitioner has requested a rezone of Larsen Bay Townsite Subdivision, Tract A, Block 16, Lot 12, to be rezoned from R1- Single - family Residential to B- Business. The property owner indicates that a combination residential and lodge use is established on the lot. The property appears to be developed with substantial commercial lodge structures. Case 08- 021 /Staff Report Page 20 of 25 September 20, 2008 CONFORMANCE WITH THE COMPREHENSIVE PLAN: ZONING/USE: Public Hearing Item VI -D The B- Business zone was determined to be the only commercial zone that would permit the uses requested by the petitioner's and not result in nonconformity of the lots due to inadequate lot size. The Rural Neighborhood Development zone requires a two (2) acre minimum lot area. Because this area is served by municipal water and (onsite or community) sewer the B- Business zone can be applied, although this zone permits a very broad range of commercial and service related uses in addition to the uses currently located on the site. The 2008 KIB Regional Comprehensive Plan Update designates Lot 12 as Commercial. A change of zoning to B- Business appears to be consistent with this designation. The fact that only three lots in this area were designated for commercial use, and not others in the area which are designated Residential, raises some question about the methodology that went into creating the plan map. It is not uncommon for plan maps to be based primarily on public input, reflecting the wishes of individual property owners involved in the planning process. For this reason it is always best to adopt a generalized approach that will reconcile the plan map with other goals and objectives stated in the plan and to reconcile the existing community development context in each case. The lots in this area are currently zoned R1- Single - family Residential. The proposed rezone would make Lot 12 zoned to B- Business, which is the primary commercial district applied in the City of Kodiak and in Womens Bay. The B- Business zone permits a wide range of commercial uses and services. The Commission should look at closely at the permitted uses to see whether there are any potential uses allowed which might create a conflict for the surrounding area, which is predominantly zoned R1- Single- family Residential. Although the B- Business zone has been applied in Womens Bay, it is mostly a zone that is applied in areas served by a municipal or community water and sewer system. The zone has no minimum lot size or lot width so that off - street parking and building height restrictions are often the limiting factors to development in the B- Business zone. Lot 12 is served by a municipal water system but relies on an on -site wastewater system subject to ADEC regulation for commercial uses and structures. The B- Business zone permits single- family residential use when it is located in a structure containing a permitted commercial use, subject to certain limitations on the basis of floor area and residential area in relation to street frontage. It is possible that the rezone, if approved, could create a nonconforming use or structure on one or more of the lots. Additional information would be required about the existing structures and their floor plans in order to say for certain what the outcome would mean. This kind of review will occur only if a recommendation for zoning change is approved with an effective clause that would trigger the zoning change upon successful application for zoning compliance review. Case 08- 021 /Staff Report Page 21 of 25 September 20, 2008 LAND SUITABILITY: Public Hearing Item VI -D Staff notes that there are reduced off - street parking requirements in the villages for both residential and commercial uses. As discussed in prior cases for after-the-fact rezones some thought should be given to the potential for effective clauses to be attached to the zoning recommendation that would require the property owners to obtain after-the-fact permits and inspections that would normally be required in the development process. This could include, but is not limited to, zoning permits and building inspections, fire marshal plan reviews, ADEC review of on -site wastewater systems, etc. The land appears to be suitable as the lodge use and structures have been established at this location for a number of years. The lots are served by water and an on -site septic system, electrical and telephone utilities. The lot is larger approximately 1.6 acres in size and has adequate lot width to allow a full range of development allowed in the B- Business zone. RECENT DEVELOPMENT TRENDS IN THE AREA: The residents of Larsen Bay have been requesting an update to the community comprehensive plan for many years. As a result of the time to accomplish this task these cases have been postponed for five years or more. During that time, the lodge uses in the community have continued to develop and evolve without the benefit of any discernable development permitting. Staff is aware that there may be a number of other commercial lodge operators or bed & breakfast operations doing business in the Larsen Bay community that are also out of compliance with the R1-Single-family Residential zoning but for which no rezone application has been received at this time. A likely consequence of this case and other pending rezones is that the community awareness will be raised regarding the applicability of zoning and planning in the community (as administered solely by the Kodiak Island Borough. Future complaints for non compliance with zoning may result in zoning enforcement action in order to increase zoning compliance in the community. Staff has limited its review in this case to that area requested for rezone by the petitioners. Future rezone requests in Larsen Bay will likely reviewed on a similar case -by -case basis. As previously mentioned, the B- Business zone does not lend itself to the mixed use zoning approach because of the wide range of uses that are permitted in that zone. It is expected that the B- Business zone will require the same degree of segregation from residential uses and structures as it currently does in the City of Kodiak and along the Kodiak road system. One of the more significant issues to be addressed in this case is the indication from the Larsen Bay City Council (Reso. No. 08 -05) that city infrastructure may be inadequate to support additional commercial lodging operations. Staff has taken note that during recent years there has been a great deal of turnover in the office of mayor and city office staff. In addition to the Case 08 -021 /Staff Report Page 22 of 25 September 20, 2008 physical limitations of the infrastructure, city staff turnover may have affected the city's continuity of operations and its ability to consistently administer the utility systems upon which the city relies. TRAFFIC IMPACTS: Public Hearing Item VI -D In order to research this issue further staff obtained a RUBA Assessment Report from the State of Alaska along with a Utility Rate Study for the Larsen Bay Community Based on the information contained therein, it appears that the community is not rated as "sustainable" under current state economic and financial guidelines. Currently the city is working to address the deficiencies noted in the RUBA Assessment Report, however it will take considerable time in order to correct the issues noted and obtain a "sustainable" rating. While this report does not get too deeply into the details of the city's financials, staff believes that the state staff assigned to investigate the Larsen Bay community have provided a diligent and thorough assessment which appears to be consistent with the more general concerns indicated by the Larsen Bay City Council. Staff has not fielded any written complaints about vehicle traffic related to the residential or lodge uses located in the proposed rezone area. As previously noted under the Zoning/Use section above, there are reduced parking requirements in the villages because the number and availability of vehicles in the villages is somewhat limited. There are no current traffic counts available for the community. Without getting into a complicated discussion of traffic impacts, staff recommends that the traffic level be maintained at the current level by limiting the number of commercially zoned lots that might increase the potential for additional traffic generation. It should be noted that lodges or commercial uses in this general area close to the small boat harbor do not generate a great deal of traffic through the residential areas more central to the community. RECOMMENDATION Staff recommends that a rezone of Lot 12 from R1- Single - family Residential to B- Business be forwarded to the borough Assembly with a recommendation for approval. The site appears to be largely commercial in nature and it be unlikely to increase the potential use of community infrastructure to rezone this site to B- Business. APPROPRIATE MOTION Should the Commission agree with the staff recommendations, the appropriate motions are: Case 08- 021 /Staff Report Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 12; from R1- Single- family Residential to B- Business; and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. Page 23 of 25 September 20, 2008 FINDINGS OF FACT Public Hearing Item VI -D Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone request is intended to create commercial zoning districts to accommodate existing lodge uses and structures located near the western of the Larsen Bay Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more commercial at this point in time and that a rezone to B- Business will create not likely result in additional commercial development that would require additional resources from the city's limited infrastructure system. With the recent update to the KIB Regional Comprehensive Plan and it is now time to start making zoning decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA Assessment Report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Case 08- 021 /Staff Report Page 24 of 25 September 20, 2008 Case 08- 021 /Staff Report Public Hearing Item VI -D 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to approve this request is one based upon conditions in the community and the recommendations of the 2008 MB Comprehensive Plan Update. A recommendation for approval would further the goals and objectives of the comprehensive plan for Larsen Bay. Page 25 of 25 September 20, 2008 CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE! 907 - 847.2211 • PAX: 907- 847 -2239 E-MAIL: CITYOFLARSENRAY @AOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03 -011, 03 -012, 03 -016, 03 -018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to commercial enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission post pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This /9 - day of i-5,09 (1 r carry SIGNED: ATTEST: �w— ! (Secretary Treasure) aoo8 City City KODIAK ISLAND BOROU(iM . t,+unturiuIr, I 1 ........ 710 Mill Bay Rd., Room 205, KODIAK, AK 99616 -6398 (907) 486 -9363 - FAX (807) 4B6 - 9396 www.kib.co kodlak,ak,, roperty owners name 11a Property owner's mailing address State Zip 74S .. , D 330 Work Phone E -mail Addr. QSG 1q •ect.# • 4 M Horne phone _ cztc' r rn Agent's name (If applicable) i16 Agent's mailing address Horne phone L U. . ho Oe. tt.NO J t. e . 11ok.s - l oecsL. (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 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, whloh Includes a detailed alts plan for variance and conditional use requests and which may include optional supporting documentation as Indicated below. A,ddidonal Narrative/History roperty Owner's Signature A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, inducing topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress: circulation; utility services; structures and buildings; signs and lighting: berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions. 01993 by Rutgers University) Code Section(s) Involved: Applicant Information State Zip Work Phone E -mal Addr. STAFF USE ONLY fl? 2 4 Variance (KISC 17.66.020) $2¢Qt,,fai Conditional Use Permit (KIBC 1747 . i ' Other (appearance req =, s. sill*, i " Zoning change from 4i► to Application received by: Staff signature c0 39tid As -built Survey q / O Y Authorized Agent's Signature Date ICilSH .B) 52s1 vie+lt3 t ) $150.00 (KIBC 17.72.030 and 030.0 in Full *1* arouyh '' }. (99/1 486 -9324 S3LVIDOSSd la3WMOSt1W Property Information BrentconLg -n Property ID Number's - . 7p,'SOO s Legal Description Current Zoning: QL•?Sic1e /Lai IQ I Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: La c ( IS ►' Proposed Use of Property: .1_67.) E. " Photographs PAYMENT VERIFICATION Zoning Cihtnge, Vet Sd)64.1t :ir: Ef..fu1; :_2lr(r5) L r . , t s t o m 1,7E ;r:cr-- Maps Other s75t 0 t - ©21 0380 -19E -903 ET :bT 800Z /TT /Z0 Z 0 D D a O a 0 in N N • 0 8 0 0 in Zt 301'91 g 'y pail 'a16urnol Aeg uastel TZO aPP01 tlttlPoxi Don I. Maschmedt o e. — 'Unknown 000'015 - LT 101 001 - LT 101 Unknown oN a9po1 oN No (Coordination Only) Yes Yes 12 couples or 12 individuals (Est. 22 guests Max. per website) City Water Only; On -site Wastewater Disposal SaA saA Yes 240388 Kodiak Lodge at Larsen Bay LTD Unknown Unknown ON umoullun Unknown !e!wawwo 03 -018 Larsen Bay Townsite, Tract A, Block 16, Lot 10 .. uul ap!sAeg lames Hamilton Unnkown Lot 10 - 56,300 009'EE$ - oT 117 'Unknown ON a8po1 ON SaA uMOUt!un uMOU7lun 1 City Water Only; On -site Wastewater Disposal saA 53A Unknown 165434 Bay Side Inn 196816 Bayside Inn 428846 Bayside Inn Unknown Unknown ON Varies, Unknown uMOUXOn L - unwut!un — 1 1e!3J0WW0c 9101 '61 tpol8 'V 1ne+l 'allsumul Aeg uaue7 910-£0 Pelxod uo3Jalad uor �osra adU 0 ( / 1 U li MMMI uMOUt!url Lot 4 - 55,300 009'U5 1[ urnoU un oN Unknown Single -family Residential SaA ON No 4 guests (Bunkhouse) City Water Only On -site Wastewater Disposal saA saA Unknown 705446 Jon A. Peterson Guide Service UMOUIIuf umoullurl ON Varies, Unknown uMOullun uwouyun — Commercial I 03 -011 Laren Bay Townsite, Tract A, Block 3, Lots 1 and 2 a8po1 Ae9 tleAfl wnUeM lam 'www.uvakbavlodg uawut!unl o08'95 - 21 000'015 - T 101 Lot 1- 5208,200 Lot 2.50.00 (Vacant) uMoutlun ON agpol oN C C Yes 1.1 Guest Rooms (Est. 22 guests Max. per website) Petitioner indicates a reduction in guest rooms due to changing floor plan and currently operating at 16 guests Max. and 3 staff. SaA saA SaA Yes 907797 Uyak Bay LLC Unknown Unknown oN uM0uxUn uwOUtlun UMOU>lun — Residential 03 -011 Larsen Bay Townste, Tract A, Block 2, Lots2,3&4 Joel Wattum - Lots 2 & 3; Tammy Helms Lot 4 VN VNI 000'045 - 9101 O0B'E5 - E 101 000'015 - Z 101 lot 2 - $0.00 (Vacant) Lot 3 - 50.00 (Vacant) Lot 4 -50.00 (Vacant) __— _ VN VN _... auoN VN VN VN VN VN VN VN VN ' VN VN VN 4 4 4 4 — -0ts 2 and 3 - Commercial; Lot 4 - Residential 03 -011 Larsen Bay Townsite, Tract A, Block 1, Lots 1 -3 Larsen Bay lodge Complex . 'Michael and Lisa Carlson 1 - - uaoutrynl . ! Lot 1- 510,000 Lot 2 - 510,000 Lot 3.533,600 I Lot 1- 5188,300 Lot 2.50.00 (Vacant) Lot 3 - $148,600 UMOUy agAe1 38po1 pue !e!luaplsay oN saA! sa A Yes 31 Guests (plus staff) Approx. 18 guest rooms total SaAI ' saA Yes 727508 Larsen Bay Adventures, LLC; 403098 Larsen Bay Adventures; 208639 Larsen Bay Lodge INC I Unknown Unknown ON` !Varies, Unknown ON I uwoullunl !Unknown 11 1 I epuap!sa9/1uo+yaleM/!e!a , awwoD 1 pax!yy Case Number Legal Description i a 1 1 1 Payment of Bed Tax (to the city of LB) Borough Land Assessed Value (TY2007) I Borough Building Assessed Value (TY2007) t xel SeleS AkDI Grandfathered Structure(s) or use?_ Zoning Compliance ? Original Building Design Category (Lodge, B &B, SFR) Provide Hunting Services? Provide Fishing Services ? Provide Other Services ? Lodging or Rooming Capacity (Excluding staff /management/guides) (Served by City Water and Sewer? W er t S erv e d ater by and C we P R e ( Electnal Power Rate Served by City Garbage Alaska Business Ucense Business Ucense Number Fire Marshal Review Fire Marshal Permit No. Zoning compliance Permit Borough Tax Paid Tf20D7 Nihau lulpling az!S Ia°Jed C - _ AaningLong-sg Owner live in Larsen Lodging Use Hire Local Employees ? i Comprehensive Plan Designation DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS & OUTDOOR RECREATION OFFICE OF HISTORY AND ARCHAEOLOGY April 25, 2008 RE: Larsen Bay Subdivision / Re- zoning Bud Cassidy, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy: SARAH PALIN, GOVERNOR 550 WEST 7 AVENUE, SUITE 1310 ANCHORAGE, ALASKA 99501 -3565 PHONE: (907) 269 -8721 FAX: (907) 269 -8908 The Office of History and Archaeology was recently notified of a request to the Borough for re- zoning a portion of the Larsen Bay Subdivision from residential to commercial. As you may be aware, this area of the Larsen Bay town site is coextensive with a large prehistoric settlement and cemetery known collectively as the "Uyak Site" or "Our Point Site" (State Inventory # KOD -145). This site, which covers around 8 acres, has been the focus of several archaeological investigations since 1931. In 1991, the site made headlines when the Smithsonian Institution repatriated 300 sets of human remains removed during the 1930s. I had an opportunity to conduct excavations at the site myself in 1993 in conjunction with a road construction project. At that time, intact portions of the site were buried beneath road fill. While much of the site has been destroyed as a result of modern residential and commercial development, it is likely that discontinuous intact deposits of archaeological materials remain. The archaeological site is privately owned and is not protected by public laws, except that the disturbance of graves and human remains is prohibited. We hope that you will consider the importance of the site and the potential effects of commercial development while making your zoning decision. Don't hesitate to contact me if I can provide further information. Sincerely, J. David McMahan Alaska State Archaeologist, Deputy State Historic Preservation Officer "Develop, Conserve, and Enhance Natural Resources for Present and Future Alaskans." This notice is being sent to you because our records indicate you area property owner/interested party in the area of the request. If you do not wiah to testily verbaly, you may provide your comments in the space below, or in n letter to the Community Development Depar:meat r r to the meeting, If you would late to fax your coinmrats to us, our fax number is: (901) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the mating. The local call -in telephone number is 4864231. The toll free telephone number Is 1- 8e0- 478-5736. 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 -9361 YearNero.: r H'& Cf41- erl✓!fl man ( T , '4 l 'PClteDE LL. 3 Wilt property dMeHpdae: al I K l � c am + ` N, ua s • �!� c n. n . - td, JO An 4 a ' 1 Lt .kI'f h r) t 3 i i' r L�n1 .1.1 ic -. t . 6 t�3n 'gnat tln a Put Pear) --- ctr-1. ► # E.R i k3 Igci 7 ' 6 , 0 0 r] ( u 1, L-r lac ti n n P . R ATET,_ A LCD , C - 1 s 7 -1.- ' ( ►.3c E. 99P t 5. 4 6.) in a..r, -- FiLeic l ''ice -- r - 'ti. E. C r-r--I Pt ?') D -. m . A w I. i A •" ...- a n . J 10 3Jtid A public hearing w411 be held on 'Wednesday, May 9, 2008. The meeting will begin at 7:00 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08 -021 APPLICANT: Don J. Maschmedt A rezone, in accordance with IIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12, from R1- Single Family Residential to B- Business. LOCATION:' 1304 First Street, Larsen Bay OEQTJIEST: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay !toad, Kodiak, Alaska 99615 Public 13earlugg Item VI -A PUBLIC HEARING NOTICE I ZONING: R1- Single Family Residential S31"I3OSSV 1G3WHOSkiW 906009L9Zi' Lt':OT 8002/Eb/00 REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 9, 2008. The meeting will begin at 7:00 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08-021 APPLICANT: Don J. Maschmedt A rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12, frs)m R1- Single Family Residential IQ B- Business. 1304 First Street, Larsen Bay R1- Single Family Residential 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 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 bearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1400 -478 -5736. 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: 4`' Af. _ / V/ th_ ....`r Mailing Addreac/ / J r Your ) b re7 Property deseripdon: f 2 D - 5. r 4 1 �`J / Comore /3 ( /b O`er' /0 AL � _ � L . _•I - . —1.....‘ , - It / Ar / . Idiki .0 1 • / IiL/ i' .�l ' .� �q w /rte �,(���� I �4 I ra[-C) ./1 _rl (1 4)1, t ..6051 y n. y �e-r2 OOi� /2 V 2/7 O? REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 9, 2008. The meeting will begin at 7:00 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08-021 APPLICANT: Don J. Maschmedt A rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12, frs)m R1- Single Family Residential IQ B- Business. 1304 First Street, Larsen Bay R1- Single Family Residential Page 20 January 2008 Larsen Bay Existing Conditions History and Culture The City of Larsen Bay is located on Larsen Bay, on the northwest coast of Kodiak Island. It is 60 miles southwest of the City of Kodiak and 283 miles southwest of Anchorage. The area is believed to have been inhabited for at least 2,000 years. A tannery was operated on Uyak Bay in the early 1800's. A cannery was built in 1911 by the Alaska Packers Association. The City was incorporated in 1974." Larsen Bay is a place of great beauty, and visitors come from all over to experience it. Today Larsen Bay is a community with a rich and mixed heritage that is rooted in the old Alutiiq traditions with a strong Scandinavian heritage that arrived beginning in the later 1800's with the fishing industry. Larsen Bay is named for Peter Larsen, a local trapper, furrier and guide. Population and Housing The 2000 U. S. Census found a total of 115 people living in Larsen Bay, of whom 78% were of American Indian or Alaskan Native (Al /AN) descent. Nearly all of the remaining residents are identified as white. The 2005 population estimate was 97, consisting of 79.1% Alaska Native or part Native. Many residents of Larsen Bay are descended from the indigenous Alutiiq people. The 2000 Census showed 70 housing units in Larsen Bay, of which 40 were occupied and 30 vacant. This 43% vacancy rate was the second - highest in the Borough behind Karluk. Among the occupied units, 32 (80%) were owner- occupied and eight (20%) were renter - occupied. All housing units were detached, single - family homes. The City's average household size of 2.88 persons was among the lowest in the Borough. A significant portion of the City's housing units (43 %) was built between 1980 and 1989. Only 3% were built in 1990 or later. The remaining 54% of units were built throughout the 1940's through the 1970's. Local Government Larsen Bay is incorporated as a second -class city, and is govemed by a seven - person City Council that includes the Mayor. Council members serve staggered three -year terms. In 2005, there was an average of 13 municipal staff (Department of Labor and Workforce Development). The City brings in a limited amount of revenue via a 3% sales tax. Most municipal funds come from service charges and other revenue sources. The City and other local organizations currently provide the following services: 1 Street and sidewalk maintenance, with assistance from the Tribal Council 1 Electricity 1 Water and sewer 1 Health services provided by KANA 1 Cemetery Kodiaklsland BOROUGH Comprehensive Plan Update Attachment 1 Chapter Eleven ,., Local Commum■es ChaptEv EI= Fn Local Co— Figure 11.3 0 co IC; ■ to 3 H 3 $ 0 0 ■ a •-4 s " o x a m� 55 0 c �•j 3 �+ M 0 ■ 0 c e m - 11 r m 0 5} I �t / mat Kodiaklsland BOROUGH Comprehensive Plan Update Page 21 . =. January 2008 Page 22 Ja ^uarg 2008 4 Library, senior facility and Culture Center operated with assistance from the Tribal Council and Kodiak Senior Services 4 School /educational services provided through the Kodiak Island Borough School District and Kodiak Island Borough (selected maintenance and improvements) 4 Small boat harbor 4 Solid waste management 4 Emergency response provided through the Community Emergency Response Team The Natives of Larsen Bay Tribal Council is recognized by the Bureau of Indian Affairs as the official governing body for the Native Village of Larsen Bay. The Tribal Council has a full time President and seven members of Tribal Council. The Tribal Council has not yet specified its jurisdictional territory. Land Management and Use The Borough is responsible for all planning and zoning within the City of Larsen Bay. The KIB Community Development Department prepared the 1984 Larsen Bay Comprehensive Development Plan, which describes the conditions that existed in the community at that time, identifies local issues and establishes goals and objectives for the community. More recently, the City prepared the 2006 Larsen Bay Community Plan, which includes similar content. In the event that provisions of either plan related to land use or zoning conflict with this KIB Comprehensive Plan, the Borough -wide plan shall take precedence. The following KIB zoning districts apply in Larsen Bay: 4 Business (B) 4 Light Industrial (LI) 4 Public Use Land (PL) 4 Single Family Residential (R -1) Current zoning designations are shown on Figure 11.3. A subsequent draft of this Plan will include a map of proposed future land use designations based in part on the results of Comprehensive Plan update meetings. A local village corporation, Nunachkpit, was formed for Larsen Bay under the American Native Claims Settlement Act (ANCSA) . Nunachkpit later merged into the Koniag, Inc. Native Corporation. As a result of this merger, Koniag owns and manages much of the land immediately adjacent to the City of Larsen Bay and of the neighboring Karluk River Drainage, including both the surface and sub - surface estates. The federal government also owns significant land holdings near Larsen Bay, which are part of the Kodiak National Wildlife Refuge. Commercial access to refuge lands for hunting and fishing is strictly regulated, and Larsen Bay residents rely on access to both Koniag and Refuge Lands for subsistence and commercial guiding and fishing activities." BOROUGH Comprehensive Plan Update Chapter Elcvcn Local Communities G conomic Development The 2000 U. S. Census showed that the City had a 10% unemployment rate. This does not include the nearly 42% of adults over age 16 who were not in the workforce (i.e., were not employed and were not seeking work). The median household income was $40,833, and 21% of all residents were living below the poverty level. Transportation and Public Facilities The City of Larsen Bay provides electricity, water, sewer and solid waste disposal services. The City also is responsible for road maintenance, which is financially supported by the Tribal Council. e he roads are not paved and do not have streetlights, and road dust is often a problem in summer. Larsen Bay is one of only two outlying communities on Kodiak Island that has a local cannery outside the City of Kodiak. The other is located near (but not technically within) Ahkiok. The cannery is an important resource in that it could allow for halibut to be processed and frozen year round. The City also has six lodges, two of which are open year round. A study of employment and jobs held by local residents was conducted as part of the Larsen Bay Community Plan process. According to this study, there were 222 employment positions in the community, but only 12 of those were full time. Thirteen of the jobs were part-time, and 187 were seasonal. Only 11 jobs in the community included some form of benefits. The majority of seasonal positions (160) are associated with the Icicle Seafoods cannery. Many of those jobs are typically held by non - resident workers. The City has a small boat harbor, with limited facilities. The state of Alaska owns a small 2,700 - foot gravel airstrip that receives regularly scheduled flights from small aircraft charter companies located in the City of Kodiak. The City provides maintenance services to the airstrip. State planning calls for the airstrip to be extended to 3,300 feet to accommodate larger aircraft. A new fuel tank storage facility was recently completed and allows for increased fuel capacity for the community. Electricity is, in part generoted by a small hydroelectric plant located about a mile from town. It is anticipated that the plant may need to be upgraded to continue servicing the community. The Kodiak Salmon Packers cannery currently maintains its own electrical generation plant. Water and sewer facilities are reportedly in generally good condition as of preparation of this Plan, with some improvements needed to sewer pump stations and selected water distribution pipes. The City is also served by some individual septic systems. No major improvement needs were identified by the City during the Larsen By community planning process. Healthcare services are provided by KANA, which operates a small clinic staffed by two health aides. These health aides provide assistance for minor health concerns and first response C ^apte� EI nn :. Local Con.rr unitiES Kodiaklsland BORO Pagc 23 JL3nuary 2008 Pagc 24 . January 2008 emergencies. There also is a Community Health Provider, who provides behavioral health support and services. KANA also provides some in- village physician and dental services through itinerant health care providers. KANA's services are available only to those who qualify under federal guidelines; so non - native residents may receive emergency assistance but must go to Kodiak for their healthcare needs. The community has one Village Public Safety Officer, as well as a volunteer fire department and some fire- fighting equipment, including one truck and one trailer that can be pulled behind a snow machine. Emergency response is provided through the five- member Emergency Response Team, in accordance with a community Emergency Response Plan. The City also supports a small library and Culture Center." Parks and Recreation With the exception of the Culture Center, there are no formal recreational facilities in Larsen Bay. Environmental Quality The local climate in Larsen Bay supports a wide variety of plants, animal and bird life. Marine mammals such as whales, sea lions, and seals are frequent visitors to Uyak Bay and are often visible from the City. Shellfish such as tanner and Dungeness crabs also are found. Mild earthquake activity is frequent in the area and several large earthquakes have been experienced in the past. The 1964 Great Alaskan Earthquake caused sustained ground shaking in Larsen Bay, but the resulting tsunami did not affect the community. Larsen Bay experienced a prolonged earthquake in 2000 that registered 7.0 on the Richter scale. Scientists continue to map and discover earthquake fault systems in the area." Issues Specific issues noted by residents in Comprehensive Plan meetings in addition to those identified at the beginning of this chapter include the following: + The community had limited input in the 1984 Comprehensive Plan for Larsen Bay which should not be used as the basis for land use decisions. + Allow small -scale commercial uses and more Bed- and - Breakfasts and lodges, such as in mixed - use zones under certain conditions. + Address concems about the social impacts of some lodges located within neighborhoods. • Land use planning needed on Amook Island. • Need to expand the boundaries of the City's watershed. + The City should be informed and have leadership on what happens in the City. • Develop housing to attract and keep teachers. Kodiaklsland BOROUGH Comprehensive plan Update Chapter Eleven local CornmunrtIEs Goals, Policies & Implementation Actions Many of the following goals, policies and implementation actions correspond to the issues identified above and /or were identified in the Larsen Bay Community Plan prepared through the Rural Leadership Forum process. Land Use Goal: Enhance flexibility of land use regulations. Policies A Address concerns about the social impacts of some lodges located within neighborhoods. A Coordinate with the multiple agencies that have a role in local land use issues. Implementation Actions * Review and develop City of Larsen Bay Boundaries that are consistent with and supports the Community Vision. * Acquire Land to allow Tribal Council to enhance development. * Allow small -scale commercial and more Bed - and - Breakfasts and lodges under certain circumstances, such as in mixed -use zones. * Plan for land use on Amook Island. * Expand the boundaries of the City's watershed. Transportation Goal: Improve marine transportation facilities. Implementation Action * Develop deep -sea dock to position Larsen Bay to capitalize on its unique location on the west side of the Shelikof Strait, including a ferry service. Public Facilities, Health and Safety Goal: Improve and maintain local infrastructure. Implementation Actions * Develop basic infrastructure repairs and improvements to: 1. Current electrical delivery system including cost of power. 2. Street Lights. 3. Water and Sewer. Chapter en .-^ .- local Cornm;, - Kodiaklsland BOROUGH Comprehensive Plan Update P�gr 25 Janua 2008 Page 20 .- January 2008 4. Establish a public works department. 5. Continue ongoing heavy equipment repairs and acquisitions. 6. Develop public use facilities such as restrooms and telephones in areas such as the Boat Harbor. 7. Develop community greenhouse, bam and cold storage facility. S. Develop and implement Community Road Plan. 9. Continue current village erosion control projects. * In conjunction with infrastructure development, develop a Community Hall /Cultural Center/ Assisted Living Senior Center. * Develop a Healthcare Plan consistent with the Community Vision that serves all community members. Local Government Goal: Improve overall communication with the Borough. Policies • Coordinate with the Borough on building and development issues. • Define and develop key relationships that will support Larsen Bay in obtaining its community vision. Implementation Actions * Dedicate a specific Borough employee to communicating with the villages. * Establish a Standing Education Committee comprised of members of the City Council, Tribal Council and teachers in the community. * Upgrade City of Larsen Bay Government to better support Larsen Bay's people and strategic goals, including: 1. Establishment of personnel policies. 2. Review of City Revenue Structure. 3. Review of pay scales and job descriptions. * Determine what additional resources the City will require to support its role in achieving the Community Vision. * Review and Develop City of Larsen Bay Planning and Zoning that are consistent with and supports the Community vision. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven .. local Communities conomy Goal: Retain residents. Policy * Improve economic opportunities in Larsen Bay. implementation Actions * Increase Government Revenues through expanded services and development of infrastructure. * Provide Comprehensive Community Services to seasonal and transient populations. * Develop a six -tier economic development strategy that focuses on the five current aspects of the economy of Larsen Bay and additional potential. * Establish an interface with the Karluk River Area by enhancing the current Karluk River management and partnership with the village of Karluk. * Establish a viable Community Fishing Quota program initially for Halibut and Sablefish. Develop a strong working relationship with the Icicle Seafoods cannery. * Develop additional industries and businesses that are attractive to Larsen Bay. * Develop infrastructure that will support increased economic development activity and provide necessary services. * Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place -based education that establishes positive self - awareness and self esteem in community youth. * Consider educational options that are altemative to and in addition to the Kodiak Island Borough School District such as: 1. Continuing education 2. Charter school in Larsen Bay 3. Fishing School 4. Other similar options. Commumtir BORO UGH Comprehensive Plan Update Pay. c'.7 .. Janudru c'OOII Pa,jc 28 . January 2008 Housing Goal: Improve housing conditions and resources. Implementation Actions * Develop Housing Plan consistent with the Community Vision of three additional households by 2008 and five additional households by 2013 that serves all community members and is consistent with defined Land Use Planning. * Explore funding sources to develop teacher housing. * Explore funding sources to develop senior housing and related services. Environmental Quality Policies • Work together with Fish and Game to enhance and maintain Larsen Bay area fisheries. • Monitor subsistence to ensure community access. Implementation Actions * Perform an environmental inventory and assessment and develop an appropriate clean -up plan. This plan should include the potential tourism impact on the environment, the replaced tank farm and clean up of scrap metal. * Perform Community beautification in association with Community Togetherness goals and the Larsen Bay Youth Council goals. * Develop an insect control program that is effective but not harmful to existing economic development such as the Icicle Seafoods cannery and tourism. * Continue developing the Bear Management program in association with the State of Alaska Fish and Game and Kodiak Island Wildlife Refuge. * Perform review of status of Village Safewater and planning for future Village Safewater that supports the Community Vision. Other Goal: Preserve and enhance community togetherness and cultural awareness. Implementation Actions * Develop an annual community gathering calendar and let people know when gatherings are happening. Kodiaklsland BOROUGH Co mpeehensive Plan Update Chapfti ElEven ` .i Local Communiti- Actively engage and participate in regional community and cultural activities such as Awakening Bear, Alutiiq Culture Week, enhancing Culture Center and activities centered on Young Adults and other events that build positive self- awareness. * Bring back Alutiiq /Russian Orthodox Celebrations such as Masquerade and other similar events. * Work with Elders to bring back historic activities such as Humpies in Pooshki leaves, teaching kids how to fish and other activities that teach self - sufficiency. * Work together to beautify Larsen Bay with activities such as: 1. Work days to help each other clean up yards. 2. Beautifying historic cemeteries. 3. Other similar activities. 1966. e ld. Harbor Exi ink Conditions History - nd Culture The City of Old arbor is located on the southeast side of Kodiak Island on Sitka •ak Strait off the Gulf of Alaska. Th ommunity is about 70 miles southwest of Kodiak and 2• miles southwest of C nchorage. The area around OId Harbor thought to have been inhabited f• nearly 7,500 years. The present -day Natives are Alutiiq • of mixed Alutiiq- European h tage. The Three Saints Bay area (now Old Harbor) became the first ssian colony in Alask• after its discovery by Grigori Shelikov and his "Three Saints" flagship in 1784. tsunami destr• ed the original settlement in 1788, and two more earthquakes struck the area by 92. Th own relocated to "Saint Paul's Harbor," now the City of Kodiak, in 1793. A settlement • reestablished at Three Saints Harbor in 1884 and named Staruigavan, or "old harbor" in ' ssi• The Good Friday earthquake and resulting tsunami destroyed the community in 196', leaving o two homes and the church standing. The community was rebuilt in the same lo tion, and was in •rporated as the City of Old Harbor in Today, Old Harbor is a rich ix of old family names such as Christia en, Haakanson, Peterson, Zeedar, Inga and Pestri •ff that represent a mix of the many cultures t •t have made OId Harbor their home over tim-. This mix has resulted in a unique community, blendin elements of the older Sugpiaq tr• • itions, the grounding of the Russian Orthodox religion and based lifesty • with the newer influences from mainstream culture. In the •st 15 years, many community members of Sugpiaq Alutiiq descent have been trong, subsistence fencing a resurgence of pride in their culture. The community has been an important enter for much of this. Today, OId Harbor has an Alutiiq Dance Group, the Nuniaq Dancers Chapter Eieven ■-• lucol Communities Kodiaklsland BOROUGH Comprehensive Plan Update Pag,_ 29 .= January 2008 City of Larsen Bay Assessment of Management Capacity Indicators Tammy Helms Rural Utility Business Advisor (RUBA) Program Division of Community Advocacy Commerce, State of Alaska April 2, 2008 Introduction The City of Larsen Bay assessment report was completed by the Rural Utility Business Advisor Program (RUBA) as a requirement for a projected VSW grant- funded project. The report was completed with the voluntary assistance of the utility and based on information utility staff provided to the RUBA program. The goal of the RUBA Program is to help small communities implement utility management practices that will improve the utility's ability to provide safe drinking water to their communities on a sustainable basis. The RUBA Assessment evaluates essential and sustainable indicators necessary for the managerial and financial health of the utility. These indicators are organized under the following sections: • Utility Finance • Accounting Systems • Tax Problems • Personnel System • Organizational Management • Operation of Utility . Essential Indicators identify policies and practices that are critical to the short-term operation of a utility. Sustainable Indicators identify policies and practices that make a utility cost - effective to operate and increase the likelihood of long -term financial success. The Major Recommendations are limited to those items needed to meet deficient essential indicators. This is because only the essential indicators are a required to be met under the grant conditions. The City of Larsen Bay operates and manages the following utility services: • Water and Sewer services • Landfill • Garbage haul • Harbor/Dock • Fuel Sales • Airport Maintenance • Road Maintenance • Electricity Essential Indicators Report Page 2 Management Capacity Indicators On April 2, 2008 Tammy Helms met with the City of Larsen Bay staff to complete a RUBA Assessment of Management Capacity Indicators. City staff provided documentation supporting the conclusions in this report. Utility Finance Essential Indicators Yes No ® ❑ ® ❑ El El El ® ❑ Sustainable Indicators El D El ❑ All revenue and expenses for the utility are listed in the utility budget. The utility has adopted a balanced realistic budget. Monthly financial reports are prepared and submitted to the policy making body. The utility is current paying all water /wastewater electric bills. The utility has on hand a year's adequate fuel supply or it has a financial plan to purchase an adequate supply. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses and Repair & Replacement (R &R) costs. YTD revenues are at a level equal to or above those budgeted. YTD expenditures are at a level equal to or below those budgeted. A monthly manager's report is prepared. Budget amendments are completed and adopted as necessary. The City of Larsen Bay drafted and adopted a FY 08 budget with RUBA assistance but it has not begun the FY 09 budget process. RUBA staff will assist the City Clerk with preparing the proper financial reports so they can be submitted to the Council monthly. The interfacility bills have not been paid for at least 8 months due to not having a consistent office staff. The water and sewer revenues are not sufficient to cover operating expenses. The City subsidizes its water and sewer utility through the fuel and electric sales. Manager/ operator reports are given verbally when requested from the Council. Essential Indicators Report Page 3 Accounting Systems Essential Indicators ns No ® The utility has adopted a collection policy and actively follows it. ❑ ® The utility bills customers on a regular basis. ® ❑ An accounts receivable system is in place which tracks customers and reports past due accounts and amounts. ® ❑ An accounts payable system is in place. ® ❑ The payroll system correctly calculates payroll and keeps records. ® ❑ A cash receipt system is in place that records incoming money and what it was for. ® ❑ The utility has a cash disbursement system that records how money was spent. Sustainable Indicators Z ❑ A chart of accounts is used that identifies categories in a reasonable, usable manner. ❑ ® Monthly bank reconciliations have been completed for all utility accounts. Z ❑ The utility has a purchasing system that requires approval prior to purchase, and the approval process compares proposed purchases to budgeted amounts. Although the City has an adopted collection policy, it has not been actively or consistently enforcing it. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past to reliably keep the City's finances in order. Currently bills are not going out on a regular basis due to staffing issues. It is recommended the Council review and implement the City's collection policy immediately. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past in keeping the City's finances reliably. Unfortunately in the past few years the employees responsible for accounting entry failed to enter data or execute the program functions properly, which has lead to the City writing numerous NSF checks and an inaccurate accounting of the cash on hand. Essential Indicators Report Page 4 Tax Problems Essential Indicators Yes No NA ® ❑ ® ❑ ® El ® ❑ ❑ The utility has a system to accurately calculate, track, and report payroll tax liabilities. The utility is current on filing federal and state tax reports. The utility is current on making federal and state tax deposits. If there are any past tax liabilities, a repayment agreement has been signed and repayments are current. As stated previously the City has a QuickBooks system that accurately tracks, calculates and reports payroll tax liabilities if the accounting personnel is competent and reliable in the data entry. The City has struggled to pay the monthly payroll liabilities to the bank due to staffing issue but has managed, with RUBA assistance, to submit the quarterly reports to the IRS on time. To date the City has not received any non - compliance notices from the IRS. Personnel System Essential Indicators Yes No ® ❑ The utility has a posted workers compensation insurance policy in effect. Sustainable Indicators El El IZI 0 El 0 El El El 0 El Z ❑ The utility has adopted and uses a Personnel Policy, which has been reviewed by an attorney, AML, or DCCED for topics and language. The utility has adequate written job descriptions for all positions. The utility has adopted and follows a written personnel evaluation process that ties the job description to the evaluation. The utility has an adequate written hiring process. The utility has personnel folders on every employee that contain at least: I -9, Job Application and Letter of Acceptance. The utility has a probationary period for new hires that includes orientation, job - training/oversight, and evaluations. The utility provides training opportunities to staff as needed and available. The City of Larsen Bay has a posted workers' compensation insurance policy in effect from 7/1/07 to 7/1/08 with AML /JIA. The City's current hiring process is historical and is not written. Job notices are posted with the job title and description for 10 days. Interested applicants apply at the City office. There is currently no probationary period for employees. Training opportunities to staff are provided as funds allow or opportunities by other sponsors come available. Essential Indicators Report Page 5 Organizational Management Essential Indicators Yes No The entity that owns the utility is known and the entity that will operate the utility is set. The policy making body is active in policy making of the utility. The policy making body enforces utility policy. The utility has an adequately trained manager. The utility has an adequately trained bookkeeper. The utility has an adequately trained operator(s). The utility has adopted the necessary ordinances (or rules and regulations) necessary to give it the authority to operate. Sustainable Indicators ❑ ® The utility has adopted an organizational chart that reflects the current structure. ® ❑ The policy making body meets as required. ® ❑ The utility complies with the open meeting act for all meetings. The current utility operator is trained but has not passed the OIT test. The interim clerk has no prior bookkeeping experience. The city council presently does not enforce the collection policy consistently. Efforts to once again enforce the policy are being pursued. Essential Indicators Report Page 6 Operation of Utility Essential Indicators Yes No ® ❑ ® ❑ The utility operator(s) are actively working towards necessary certification. The utility has a preventative maintenance plan developed for the existing sanitation facilities. Sustainable Indicators ❑ ® The manager receives a monthly O &M report from the utility operator and routinely "spot checks" the facilities to see that the maintenance items are being completed. The utility has a safety manual and holds safety meetings. Utility facilities have not suffered any major problems /outages due to management issues that are still unresolved. The utility is operating at the level of service that was proposed. The operator provides status reports to the manager on a routine basis. The utility has completed and distributed its Consumer Confidence Report (CCR). The utility meets all required regulations (is not on the Significant Non - Compliance (SNC) list). The utility maintains an inventory control list. The utility maintains a critical spare parts list. El El ® ❑ El El ® ❑ ® ❑ El Z D El O El In speaking with the Remote Maintenance Worker, Steve Evavold of Village Safe Water, there is a preventative maintenance plan for the existing system. The current utility operator is trained and can run the system but has not passed the OIT test. Historically the utility operator reports to the Mayor or Vice -Mayor when there is a problem or he can foresee one. The utility is not able to operate at the level of service that was proposed due to the inability to backwash the rapid sand filter. The utility does not meet all required drinking water regulations. The City is currently on the SNC list for treatment technique violations and monitoring violations for Stage one and SWTR. The utility operator and Council attempt to keep needed critical spare parts on hand. Essential Indicators Report Page 7 G TITLE: SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 16, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -09. SCANNED OE� Sign: ITEM NO. 13.C.3 Ordinance No. FY2009 -09 Rezoning uss 4872, Larsen Bay Townsite, Tract A, Block 1, Lots 1 and 3 From R1- Single Family Residential To B- Business District. The Community Development Department received this rezone case in 2003. It was tabled by the Planning and Zoning Commission until after the completion of the Borough's Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning Commission has traveled to the community of Larsen Bay in May of 2008 and again last month to hold public hearings on this request. . These parcels have been operated as the Larsen Bay Lodge in one form or another for an extended period of time. After the September 20, 2008 public meeting and after receiving significant community public testimony, the Planning and Zoning Commission is forwarding this case to the Borough Assembly with the recommendation to approve this request for rezoning. The "findings of fact" supporting the Commission's decision has been incorporated in this packet. In addition, materials reviewed by the Commission are also included for Assembly consideration. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -09 Introduced by: Manager Gifford Requested by: P &ZC Drafted by: CDD Staff Introduced: 10/16/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LARSEN BAY TOWNSITE, TRACT A, LOTS 1 AND 3 FROM R1- SINGLE FAMILY RESIDENTIAL TO B- BUSINESS DISTRICT WHEREAS, the Larsen Bay Lodge is a long established hunting and fishing lodge; and WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the lodge is located upon from R1- Single Family Residential to B- Business in 2003, in keeping with the use of the property for lodge purposes; and WHEREAS, the Planning and Zoning Commission (P &ZC) tabled this initial rezone request in 2003 pending completion of the new Kodiak Island Borough Comprehensive Plan; and WHEREAS, upon completion of the Comprehensive Plan, the P &ZC conducted meetings and public hearings in Larsen Bay on this and other parcels; and WHEREAS, the commission is recommending that the Assembly find that a rezone to B- Business zoning district by lots making up this commercial venture is generally consistent with the Comprehensive Plan; 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: Larsen Bay Townsite, Tract A, Lots 1 and 3 be rezoned from R1- Single Family Residential to B- Business District subjectto the effective clause stating: "Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed Tots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void." 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. The purpose of the rezone is intended to create commercial zoning district to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is Kodiak Island Borough Ordinance No. FY2009 -09 Page 1 of 2 needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those Tots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. 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 -09 Page2of2 FZ112 A -4- Current Zoning Larsen Bay Rezone Requests Agent: Multiple Request: Rezone from R -1 SFR to B- Business Elevent (11) total parcels Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend i // Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 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 intormation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Location P & Z Case # 03 -011 Michael & Lisa Carlson, Uyak Bay Lodge, LLC Tammy Helms 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 2, 3 & 4, and Block 3, Lots 1 & 2 from R1- Single Family Residential to B- Business TRACT B USS 4872 TR "B" yP� , J A 0 A „, ok 40° frlil -`/S4, .4 SECOND ST r pos...v.INirtor- eiw ° 5* * 4,4 4frAio til t** * 11 1 ;* • tlii:4 W E 0 312.5 625 Feet 1 1 1 1 � Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in An:GIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields In the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department Photo(s) P & Z Case # 03 -011 Carlson, Michael & Lisa Request: A rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tract A Block 1 Lots 1, 2, 4 & 5, from R1- Single Family Residential to B - Business. Legend Tract A Block 1 Lots 1, 2, 4, & 5 Parcels Map prepared for the purpose of showing the General location of the Kodak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept 2002 Contour Infomtation:USGS Digital Elevation Model Kodak, Alaska. 50 foot intervals, Scale Is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records In the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Photo(s) P &Z Case #03 -011 Uyak Bay, LLC & City Request: A rezone, in accordance with KIBC 17.72.030 C (Manner of Initiation) for Larsen Bay Townsite Tr A Block 3 Lots 1 & 2, and Block 2 Lots 1, 1A, 2, 3, & 4 from R1- Single Family Residential to B- Business Legend Parcel Selection; Uyak Bay LLC & City Parcels w Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS oente.ine data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour Information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. DATE: September 10, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the Sept. 20, 2008 Regular Meeting CASE: 03 -011 APPLICANT: Michael & Lisa Carlson, Tammy Helms, & Uyak Bay Lodge LLC 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 2, 3 & 4; and Block 3, Lots 1 and 2, from R1- Single - family Residential to B- Business LOCATION: ZONING: Twenty-five (25) public hearing notices were mailed on September 4, 2008. Date of site visit: May 9, 2008 1. Zoning History: All land in the City of Larsen Bay was zoned R1- Single - family Residential by KIB Ordinance No. 77 -19 -0. Since that time, four additional rezones were approved for Larsen Bay in KIB Ordinances No. 88 -19, No. 89 -16, No. 91 -28 and No. 93 -52. The result is that nine (9) city owned parcels are now zoned PL- Public Use Land, one (1) privately owned parcel is zoned B- Business and the Larsen Bay Airport is zoned LI -Light Industrial. 2. Lot Size: Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 MEMORANDUM East end of Larsen Bay Townsite Subdivision R1- Single - family Residential Lot 2, Block 2 Lot 3, Block 2 Lot 4, Block 2 Lot 1, Block 3 Lot 2, Block 3, Public Hearing Item VI -A 35,622 Sq. Ft. 21,600 Sq. Ft. 46,362 Sq. Ft. 28,201 Sq. Ft. 14,400 Sq. Ft. 36,484 Sq. Ft. 15,200 Sq. Ft. 15,200 Sq. Ft 3. Existing Land Use: Lot 1, Block 1 Lodge Case 03- 011 /Staff Report Page 1 of 28 September 20, 2008 4. Surrounding Land Use and Zoning: Public Hearing Item VI -A Lot 2, Block 1 Vacant Lot 3, Block 1 Lodge Lot 2, Block 2 Vacant Lot 3, Block 2 Vacant Lot 4, Block 2 Vacant Lot 1, Block 3 Lodge Lot 2, Block 3, Vacant North: Lot 11, Block 2, Larsen Bay Sub. Use: Vacant Zoning: PL- Public Use Land South: Larsen Bay Airport Tract Use: Community Airport Zoning: LI -Light Industrial East: Larsen Bay Use: N/A Zoning: N/A West: Lots 3, 7 and 8, Block 3; Lots 5 and 10, Block 2, Larsen Bay Sub. Use: Vacant; Vacant; Single- family Residential Zoning: RI -Single-family Residential 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update designates this area for a combination of Residential and Commercial use. Lots 1 & 2, Block 1 are designated for Mixed Commercial /Waterfront/Residential. Lot 3, Block 1 is designated for Conservation. Lots 1 and IA, Block 2 are designated for Residential. Lots 2 and 3, Block 2 are designated for Commercial. Lot 4, Block 2 is not designated. Lots 1 & 2, Block 3, are designated for Residential. 6. 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: 17.02.020 Reference and Use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. The Kodiak Island Borough Comprehensive Plan Update, 2007, prepared by Cogan - Owens- Cogan. (Adopted by Ordinance No. 2007 -10, effective December 6, 2007); Case 03- 011 /Staff Report Page 2 of 28 September 20, 2008 NOTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE THAT IS. PROP. OSED _TO..BE_DELETED....UNDERLINEIL LANGUAGE IS. NEW_ LANGUAGE THAT IS PROPOSED FOR INSERTION. ALL OTHER UNMARKED LANGAUGE IS EXISTING CODE THAT IS PROPOSED TO LEFT UNCHANGED. 17.06.055 Bed and breakfast (B &B). "Bed and breakfast (B &B)" means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B &B must reside on the premises and the maximum number of rooms that can be rented out is five (5). A Bed and Breakfast must provide 1 additional parking spaces beyond the normal requirement for a single family dwelling unit for a two room use; 2 additional parking spaces for a three - four room use and 3 additional parking spaces for a five room use. (Ord. 93 -66 .3, 1993). Premises. "Premises" means a lot, together with all buildings and structures thereon. 17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding, bed and breakfast or lodging house used and maintained to provide sleeping accommodations for not more than two (2) persons. Each one hundred (100) square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.330 Hotel. "Hotel" means any building or group of buildings in which there are six (6) or more guest rooms used, designed, or intended to be used for the purpose of offering to the general public food, lodging, or both, on a day -to -day basis. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.060 Boardinghouse. "Boardinghouse" means a building other than a hotel with not more than five (5) sleeping rooms where lodging, with or without meals, is provided for compensation for three (3) or more persons, but not exceeding fifteen (15) persons, on other than a day -to -day basis and which is not open to transient guests. (Prior code Ch. 5 subch. 2 (9B(part)). 17.06.220 Dwelling unit. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes, and in which not more than two (2) persons are lodged for hire. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.355 Lodge. "Lodge" means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography, and viewing, and passive recreational activities. (Ord. 93 -66 .3, 1993). 17.06.430 Motel. "Motel" means a group of one (1) or more detached or semidetached buildings containing two (2) or more individual dwelling units and /or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. (Prior code Ch. 5 subch. 2 .9B(part)) . 17.06.455 Recreational cabin. "Recreational cabin" means a structure occupied on a temporary or seasonal basis by a group of people meeting the definition of family. This use is usually associated with VACATION I HOME a a a a a a U a a RECREATION CABIN a a. a U MOTEL a a a LODGE 9 iano — C — more than 15 est BOARDING HOUSE a a a HOTEL 9IgPun d gaga` a ZONING DISTRICT pus KE ParlsigtEM - M I I WH - Wildlife Habitat District pt.rtsrc asn iginreK — fiN 1 I C — Conservation District I LI — Light Industrial District I RB — Retail Business RD - Rural Development District RNC - Rural Neighborhood Commercial District RR2 - Rural Residential Two District I RR - Rural Residential District 1 RRl - Rural Residential One District R1 - Single - Family Residential District R2 - Two - Family Residential District R3 - Multiple Family Residential I District I B - Business District 1 I I — Industrial District 1 I PL - Public Lands District 1 UNC - Urban Neighborhood Commercial District SRO - Single Resident Occupancy Standards Public Hearing Item VI -A 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 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 Commercial Development 1. Natural Features Consistent: Case 03 -011 /Staff Report 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. 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. Page 3 of 28 September 20, 2008 2. Natural Setting, Views and Access Consistent: 3. Dredge and Excavation Material 4. Facility Design Consistent: 5. Buffer Zones Consistent: Case 03-011/Staff Report Public Hearing Item VI -A 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. N /A. This action will result in not result in a reduction of public access to the shoreline nor adversely impact scenic views. 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. 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. 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. 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. Yes. A number of lots in the rezone area are larger than typical residential lots in the Larsen Bay Townsite Subdivision and can therefore provide a greater degree of building setback or buffer area. Commercial zoned lots adjoining residential may be required to install a screening fence, subject to Commission review and approval. Page 4 of 28 September 20, 2008 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: 2. Open Space Public Hearing Item VI -A Yes. Onsite well and septic systems are required to meet the standards of ADEC where municipal water and sewer are not available. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: N /A. This request does not involve the subdivision of land. Case 03- 011 /Staff Report Page 5 of 28 September 20, 2008 Population 3. Access 4. Hazardous Lands Consistent: 5. Wetlands Case 03- 011 /Staff Report Public Hearing Item VI -A New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: N /A. This request does not involve the subdivision of land. 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. Yes and No. There are several lots which are located within 30 feet of mean high water. According to the 1983 KIB Coastal Management Plan, lots located within 30 feet of MHW are vulnerable to Tsunami and severe storm surge. Lots within this elevation should probably not be developed with commercial or residential uses unless the structures can reasonably be "flood proofed" through the design of the buildings and the application of appropriate technology as part of the construction. Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. This request does not involve filling or draining of waterbodies. COMPREHENSIVE PLAN REVIEW According to the January 2008 KIB Comprehensive Plan Update, the year - around population of Larsen Bay has been steadily declining for the past seven years or more. This decline in population was nearly 16% in the years from 2000 to 2005 based on state estimates. A visual representation of the negative population trend in Larsen Bay is shown on Figure 1. Page 6 of 28 September 20, 2008 Local Government Public Hearing Item VI -A The City of Larsen Bay is a Second Class City incorporated under the applicable provisions of Alaska Statutes Title 29. As a general law municipality, it exercises much authority over the day - to-day activities in Larsen Bay. The city owns and operates the local landfill, water and sewer utilities, electrical utility, as well as providing for road maintenance and many other general government functions. The City of Larsen Bay is also a taxing authority which has imposed a $5.00 per lodge guest per day "bed tax" or transient accommodation tax on guests lodged in the community. A request for bed tax information from the City of Larsen Bay was not available in time to be included in this staff analysis. Should such information be received prior to public hearing it will be presented as an attachment to this report. The native community of Larsen Bay is served by the Larsen Bay Tribal Council. Native tribal or traditional councils act as a governing body to represent Alaskan Native residents in the Borough. These councils govern local affairs and provide a variety of social and other public services. Zoning Reiulations The Kodiak Island Borough is a Second Class Borough which exercises zoning and platting authority within the Borough as well as within all cities located within the Borough. In accordance with Alaska Statutes Title 29, only a first class or home rule municipality may request a delegation of zoning and platting authority. The City of Kodiak is the only eligible municipality at present and it has not requested such a delegation. In order for the Kodiak Island Borough to wield land use authority is must adopt and maintain a borough -wide comprehensive plan. The Borough recently adopted a borough -wide comprehensive plan update in December 2007. In addition, the 1984 Larsen Bay Comprehensive Plan is still a part of the Borough's adopted plan set. According to the newly updated plan, the new plan takes precedence over policies and recommendations that may be in conflict between the two plans. In other areas covered by the 1984 plan that are not covered in the borough -wide plan the 1984 still has relevance as a policy tool. Future land use maps prepared during the local comprehensive planning recently concluded were largely based upon previous land use plan maps associated with earlier (adopted) plans. This was done to provide a starting point at the beginning of the planning process. In each community residents were asked to identify general or specific changes to proposed future land uses. While the maps may show certain land use designations associated with only a single parcel or small group of parcel, the reviewer must keep in mind that the plan is a generalized policy document and that the maps alone do not create an entitlement to the proposed land use designation. The guidance in the plan is based largely on public input and not on the kind of investigative information that is usually provided in a zoning change review. Therefore, while the plan may have adopted a property owner's suggestion or some other publicly gathered input, the final decision to change a zoning designation must be generally consistent with the plan, but Case 03- 011 /Staff Report Page 7 of 28 September 20, 2008 Public Hearing Item VI -A it must also consider other cogent factors relevant to the physical context of the site and the impact the change in use will have on the surrounding community. Another consideration that must be taken into account is the timing of a zoning change. Comprehensive plans typically project future land use proposals for a 10, 15 or 20 year period. The Commission and Assembly are not obliged to implement such recommendations in the plan if the overall condition and context of the community are not ready for such changes. As indicated in KIBC 17.01.030 (Intent), the purpose of the KIB system of land use regulation is to: ❖ Provide for orderly development; + Lessen street congestion; + Promote fire safety and public order; •2 Protect the public health safety and general welfare; ❖ Prevent overcrowding; + Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and ❖ Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. In general, residents of smaller communities recommended allowing for a mix of residential and commercial or home employment uses in some portions of their communities, in combination with assurances that non - residential uses will not adversely impact nearby residential and institutional uses. This can be a very difficult proposition to address when remote communities are forced to develop in a very compact and "organic" nature due to the limits of extending infrastructure beyond the high to medium density core community. While many Comprehensive Plan meeting participants were satisfied with existing zoning regulations, some suggested that the Borough revisit the types of uses allowed in certain zones. The most common complaint is that lodges and Bed and Breakfasts should be allowed more widely, including within the Rural Commercial zone. However, others expressed concerns about the appropriateness of allowing lodges to locate within existing neighborhoods, particularly if they have the potential to adversely affect surrounding residential uses due to noise or other conditions. Some comprehensive plan participants were also interested in adopting standards for building aesthetics and signage, especially for large commercial buildings. Most current zoning and land use issues in the villages are related to providing land use flexibility, reducing conflicts and eliminating non - conforming uses. The necessity of coordinating existing local Comprehensive Plans with the updated Comprehensive Plan before adoption was also cited as an issue. Case 03- 011 /Staff Report Page 8 of 28 September 20, 2008 Goals, Policies & Implementation Actions (General) Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policies: Public Hearing Item VI -A ❖ Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards and other means. d• Zone land to meet future housing, commercial, industrial and other land needs. Implementation Actions: ❖ Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native -owned lands to help meet these needs. ❖ Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. ❖ Update the Borough's zoning code to allow a more flexible set of uses in smaller communities, while continuing to minimize conflicts among adjacent , potentially incompatible uses. Use size limitations, restrictions on noise or odor, buffering and other means to minimize conflicts. Goal: Develop a comprehensive management framework to encourage economic development while protecting coastal resources. Policies: Policies: Case 03- 011 /Staff Report ❖ Encourage future industrial and commercial development to be sited and constructed to promote the most efficient utilization of waterfront areas and coastal resources. ❖ Ensure that new development complies with municipal, state and federal land and water regulations. :• Encourage innovative development designed to maximize the use of available land. Goal: Ensure that land use and development decisions consider subsistence resources and activities. ❖ Partner with local communities, land owners, state and federal agencies, and Native groups to maintain and improve fish and wildlife habitats important for subsistence resources and activities. ❖ Support the use of, and access to, subsistence resources by subsistence users. Page 9 of 28 September 20, 2008 Public Hearing Item VI -A Implementation Actions: + Require development to avoid or minimize potential adverse impacts to subsistence resources and activities. Goals, Policies & Implementation Actions (Economy) Tourism: There is no formal measure of jobs provided in the tourism industry. These jobs are often included in other sectors of the economy, such as transportation. However, in 2005, there were 469 employees working in the leisure and hospitality sector (borough- wide), many of whom serve Borough visitors. The Borough tourism industry's most important asset is the large amount of easily accessible public land and water available for recreational use. A wide variety of year - around outdoor activities are available to tourists on the Kodiak Archipelago, including hiking, fishing, hunting, wildlife viewing, adventure activities, and camping. The Kodiak area offers many charter boats, fish camps, float trip guides and outfitters and wilderness lodges. Tourism services and facilities offer a broad range of accommodations (hotels, bed and breakfast and lodges). Outside of the City of Kodiak and its associated road system are six Native communities. Each community has unique cultural traditions, offering varying levels of tourism facilities and services. Communities with the most tourist facilities (lodging, charter fishing, guides and outfitters) are Old Harbor, Larsen Bay and Ouzinkie. The vast majority of Kodiak Island visitors take part in recreational and tour activities outside the populated areas. The greatest tourism development challenges for the Borough are in the areas of infrastructure and attraction development in smaller communities, accessibility problems due to weather, and marketing. Kodiak is more difficult to reach than other visitor destinations within the state because it is a non -road connected island. Many tourists perceive Kodiak as difficult to access because of poor weather conditions. In fact, 95 percent of scheduled commercial flight operations are completed annually. However, the lack of runway lights, navigation aids and poorly configured runways does create difficulties accessing the outlying communities in bad weather. Many challenges still exist in many of the smaller communities within the Borough. While these communities have a great many assets to draw upon in attracting visitors, most have yet to develop their potential or to build the basic infrastructure necessary to accommodate visitor needs. Issues: Support for Tourism. Comprehensive Plan meeting participants suggested infrastructure improvements and other actions to support the tourism industry. Residents of many of the smaller communities also have identified dock improvements that would allow passenger ferry service, as important for supporting tourism and other local needs. Nearly 80% of participants in a Borough -wide telephone survey identified them as important or very important. Participants in Case 03- 011 /Staff Report Page 10 of 28 September 20, 2008 Public Hearing Item VI -A some meetings expressed a concern that allowing for too much tourism could adversely affect rural communities and/or create conflicts between visitors and residents. However just over 40% of participants in the Borough -wide phone survey believe the benefits outweigh the costs and another 30% think the costs and benefits are about the same. A balanced approach to tourism marketing that will help balance the economic decline in commercial fishing and other industries, while minimizing adverse impacts on local communities is recommended by some. Sport fishing, Guiding and Subsistence Fishing and Hunting: Community members noted the importance of ensuring that elected representatives understand the importance of sport and subsistence fishing, in addition to commercial fishing. Some studies indicate that the sport fish catch is more valuable to the local economy per pound than commercial fishing. There is a need for local registration areas to protect local hunters and guiding outfits. Economic Diversification. Comprehensive Plan meeting participants noted that, while it is important to support fishing and tourism, action should be taken to diversify the Borough's economy and support other economic sectors that are less cyclical and/or seasonal. Over 70% of telephone survey participants say this is important or very important. Some potential examples include: improving economic opportunities in outlying villages, particularly for young people; potential changes in tourism, including opportunities for increases in small cruise ship visits; recreational tourism, including large yacht traffic; and the potential for increase meeting and conference activity. Goal: Enhance the Visitor Industry's role as a significant component of the Kodiak Region's Economy. Policies: Goal: Diversify the overall economy of Kodiak Region. Policies: Case 03- 011 /Staff Report ❖ Help monitor tourism development efforts to minimize adverse impacts on local communities. ❖ Assist in the economic development of the outlying communities of Kodiak Island in cooperation with city governments, Tribal Council, Koniag, KANA and others, and consistent with local community goals identified in this plan and other planning efforts. ❖ Encourage and facilitate small business development on Kodiak Island. Page 11 of 28 September 20, 2008 Goals, Policies & Implementation Actions (Housing) Public Hearing Item VI -A Implementation Actions: ❖ Assist local government entities with their efforts to secure funding for capital improvement projects. According to the January 2008 KIB Comprehensive Plan Update, there are 68 total single - family detached housing units in Larsen Bay. This figure may not reflect the use of some housing units as seasonal lodges and Bed & Breakfasts however. According to Census data, about 43% of all housing units in Larsen Bay were built during the 1980 to 1989 time frame. Only 3% of the total housing stock has been constructed since 1990 which indicates that 54% of all Larsen Bay housing was constructed in 1979 or prior years. Kodiak Island Housing Authority developed 28 housing units in Larsen Bay originally. These units were intended to allow the property owners to accrue equity in the properties on a "lease to own" basis, eventually culminating in a full conveyance of ownership. According to the Plan update, 10 units have been conveyed into private ownership since this program was begun with 18 housing units still in KIHA ownership. There is no housing affordability data or future needs information in the plan that specifically references the Larsen Bay. Based on the declining population of the community that was mentioned previously it is hard to imagine that the cost of housing in going up on the basis of unsatisfied demand for housing. In addition, the cost of heating fuel and other utility services in Larsen Bay is likely to be burdensome to a typical householder such that it would likely serve as a significant off -set to any savings obtainable in the housing market through reduced demand. This condition may be making the acquisition of residential property and structures to be used for seasonal income purposes, i.e. lodges, vacation rentals, bed & breakfasts, etc., may eventually make it harder to reverse the current trend of dwindling residential population. This may also be contributing to the current difficulties in maintaining a stable community leadership structure as the members of the community depart Larsen Bay or become seasonal -only residents, thereby not qualifying for city leadership positions. There is a recognized need for new or improved teacher housing which was a universal concern in all of the outlying communities as a means to improve the quality of life and thereby encourage teachers to stay in the communities longer. Along the same lines is a growing need in all communities to provide improved hosing forms and services for elders so that they may be able to stay in their home communities throughout their later years without having to move to a larger community to obtain the age specific services they may need. There is no vacancy rate housing data specifically called out in the plan for Larsen Bay. Staff believes a reasonable inference to the data that is available however may point to the possibility of vacant residential units and vacant residential properties becoming a relatively cheap and affordable target for conversion to seasonal lodge or hospitality trade use. Given the somewhat random manner in which these properties may be acquired for these purposes, the only way to ensure some balance of land uses in the community is through judicious plan implementation, systematic zoning, and disciplined code enforcement. Case 03- 011 /Staff Report Page 12 of 28 September 20, 2008 Once residential properties are designated for non - residential purposes (and lodging (except for bed & breakfast) is generally a considered a business/service, not a residential use), it will be much harder to reverse course should the population trend in the community have an opportunity to reverse course at some point in the future. Staff believes that unless there is a determined mind set to reserve a certain amount of land for housing within the existing Townsite, a determined trend of residential to commercial zoning conversion in Larsen Bay could at some point become an impediment to such a population trend reversal. Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. Policies: Goals, Policies & Implementation Actions (Transportation) Public Hearing Item VI -A ❖ In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority and others, help ensure that there is an adequate supply of developable residential land to meet long -term housing needs throughout the Borough, including housing for seniors. ❖ Support efforts to improve and/or identify adequate teacher housing facilities in outlying villages and cities. ❖ Work with local communities and residents to support development of alternative, less - costly fuel or energy sources. Implementation Actions: ❖ Explore ways to address or mitigate the high cost of heating oil for Borough residents, particularly for households with limited incomes. ❖ Continue to work closely with the Kodiak Island Housing Authority to support programs to provide housing to individuals and households with limited incomes. ❖ Identify possible locations and funding sources to construct senior housing facilities in the City of Kodiak and outlying communities. Larsen Bay is served by at least two regularly scheduled flight services and a number of charter flight service operators. The Larsen Bay airport is maintained and operated by the State of Alaska, Department of Transportation and Public Facilities. The length of runway is approximately 2,700 feet and the airport is one of the few outlying runways to have runway lighting installed. The airport runway is unpaved and is limited to serving relatively small and slower moving aircraft. The community has expressed a desire to lengthen the runway to serve larger aircraft that could flight directly between Larsen Bay and Anchorage rather than having to go through Kodiak as the regional hub. At present it does appear that ADOT/PF is moving towards longer runways for outlying community airports, but it is unknown whether the current runway length standard would satisfy the community's perceived need or whether the airport is situated in a location suitable for such improvements. Case 03- 011 /Staff Report Page 13 of 28 September 20, 2008 The fact that Larsen Bay has regularly scheduled air transportation services, coupled with its local infrastructure is probably why the community has become a popular destination for recreationists and lodge clients. In addition, the present quality and abundance of fish and game are also factors that make Larsen Bay a desirable tourist destination. Ground transportation in Larsen Bay is by POV and ATV. Given that the roads in Larsen Bay are unpaved, it would be advisable to restrict commercial lodge traffic to the main thoroughfares to the greatest extent possible. Access drives directly onto an arterial or collector class street should be encouraged if not outright required in the context of commercial vehicle traffic in close proximity to residential land and uses. Goal: Improve air transportation between the City of Kodiak, MB villages and the rest of Alaska. Policies: ❖ Support local communities in identifying future land and facility requirements for landing strips and airport expansion and identify appropriate sites. ❖ Repair and expand old runways to accommodate new aircraft and to enhance economic opportunities. ❖ Support regular air passenger and freight service to all communities within the Borough. The City of Larsen Bay also operates a small boat harbor that was constructed by the State of Alaska Department of Transportation and Public Facilities. This is another desirable feature of the community that helps to encourage and support local charter and transporter activities in addition to local subsistence and commercial fishing. At the time of this writing staff does not have a count of the total number of slips available in the harbor and how many are committed to long term use agreements. Issues: Marine Freight Service. Residents expressed the need for marine freight service, which was recently discontinued by the primary carrier for most rural communities. Goal: Improve facilities for water transport of passengers and freight. Policies: Case 03- 011 /Staff Report Public Hearing Item VI -A ❖ Explore the feasibility of regular ferry service to communities off the road system to reduce the cost of freight and passenger transport, support economic development goals and provide a wider range of transportation options for residents and visitors to those communities. Page 14 of 28 September 20, 2008 Public Hearing Item VI -A Implementation Actions: :• Promote an ADOT &PF feasibility study for an Alaska Marine Highway System regional ferry system based in Kodiak to improve passenger and freight haul costs and reliability. ❖ Construct and/or improve docks, harbors and boat launch facilities in communities throughout the Borough. Identify land and facility needs for such facilities. Other Issues: Maintenance: Maintenance of the existing transportation system should be prioritized. In addition, local, regional, and state jurisdictions should work collaboratively to document and monitor maintenance needs, funding, and expenditures. Improved Coordination. Better communication and coordination among ADOT &PF, KIB, and cities is needed to efficiently plan for future transportation systems, including in rural areas and other communities where additional growth may be expected. Resolution of planning and construction schedules and cycles among different agencies also is important. Land Use and Transportation Coordination. Development, land use and transportation are inextricably linked and need to be coordinated to ensure facilities are adequate to serve current and future residents and that new growth does not overwhelm individual facilities or intersections. Development and maintenance of transportation facilities also should support demand for recreational use and facilities, including parks, open space and trails. Goals, Policies & Implementation Actions (Public Services and Facilities) The City of Larsen Bay operates and maintains nearly all infrastructures serving the city residents. Two notable exceptions are the airport and the telephone system. The city operates and maintains a water and sewer system. The sewer system only serves the east half of the community however, lots in the west half are served by on -site septic systems. The sewage is only provided treatment through a septic tank system before the effluent is conveyed to an off- shore mixing zone through an outlet pipe. One public hearing notice and several phone calls have expressed concerns with the adequacy of the sewer system and in one instance partial system failure was being alleged. The property owner indicated that raw sewage perceptible by its odor was being observed at certain locations in the eastern portion of the community. This will bear further investigation when staff and the commission are m Larsen Bay, although the actual responsibility for regulating such wastewater systems rests solely with the Alaska Department of Environmental Conservation (ADEC). For those lodges utilizing on -site septic systems, an effective clause would likely be appropriate similar to what was required for the Chiniak Winery rezone to ensure that onsite systems meet applicable ADEC standards before allowing any zoning change to become effective. Case 03 -011 /Staff Report Page 15 of 28 September 20, 2008 Goal: Provide reliable water supplies and sewage treatment systems. Policies: Implementation Actions: ❖ Work with local communities to support upgrades to water supply systems reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. ❖ Encourage the development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities as needed. The city owns and operates the local landfill. In recent years the city has obtained grants to fence and improve the landfill in order to make it less attractive to bears and more compliant with ADEC and EPA regulations. Lodge uses while often seasonal have the potential to transport large amounts of food and consumer goods in support of staff and clients which can increase the amount of trash that is subsequently disposed of in the landfill. Staff has requested information on the operation of the landfill and the usage rates charged for this service; however the information has not been received as of this writing. It is not clear to staff exactly how fish waste and offal from lodge related fishing and hunting activities are being dealt with in order to minimize negative bear interactions and to ensure that public health and sanitation is protected. Goal: Maintain and improve solid waste disposal services and facilities. Policies: Case 03- 011 /Staff Report Public Hearing Item VI -A ❖ Work with local communities to support upgrades to water supply systems to reduce water loss and provide for adequate distribution. ❖ Work with local communities to improve public and private sewage disposal systems to prevent the contamination of private wells and the pollution of wildlife habitat and other natural resources. •S Encourage development of public water and sewer facilities Borough - wide. ❖ Support local community efforts to maintain, improve and expand sewer and water facilities, as needed. ❖ Maintain and upgrade the solid waste and landfill facilities within the MB, in collaboration with local communities. •S Coordinate with state, federal and local agencies to identify, fund and implement optional disposal procedures for marine wastes. •S Explore and promote additional economically sustainable opportunities for recycling and waste reduction. ❖ Support efforts or programs to remove metal waste and other large or hazardous waste products from local communities, particularly those off the road system. Page 16 of 28 September 20, 2008 Public Hearing Item VI -A • Support local community efforts to address scavenging bears at solid waste landfills. The city owns and operates the local electrical power system, which includes a combination of hydro - electric and diesel generators, along with all the distribution lines and transformers. The distribution system is largely located underground with occasional transformer pedestals strategically located to facilitate power distribution and maintenance. One downside to the hydro - electric power system is that the penstock for the system is the same reservoir that provides drinking water to the community. Given that the community does not have a suitable backup water supply, the water level in the reservoir requires constant monitoring to ensure that domestic water supplies are not sacrificed for the sake of electrical power. The city can switch to diesel fired generator sets in this event, however the result in a significant increase in the electrical production costs to the entire community. It is staff understanding that there are no electrical meters in Larsen Bay and that the utility rate is based on a flat rate system. While it is not appropriate to get too deeply into the city's business regarding utility rates and operating costs, the capacity of the city to reasonably provide electricity and other municipal services should be a principal focus of this investigation. The city has in fact provided a city council resolution indicating the infrastructure of the city to currently be at capacity such that additional lodging or other facilities cannot be supported. Although the city could conceivably raise service rates to compensate by raising additional revenues, it has to balance this prospect against the potential of pricing out other residential and governmental service providers. Goals, Policies & Implementation Actions (Education) The Kodiak Island Borough owns the Larsen Bay community school building and it is responsible for major maintenance of the building. The Kodiak Island Borough School District ( KIBSD) is responsible for providing the school curriculum and day -to -day building maintenance. It does not appear that the rezone of land to support lodges will at this point have a significant impact on the school however should the number of students enrolled fall below 10 students due to the overall population decline of the community, the school will be closed according to KIBSD policy. Goals, Policies & Implementation Actions (Public Safety, Fire Protection, and Emer2encv Services) Larsen Bay has one full -time VPSO to provide public safety services to the community. The community also has a volunteer fire department with one fire truck and a smaller "fire trailer ". Both pieces of equipment are available for fire response within the community. The community also has a 20 foot shipping container with oil spill cleanup supplies in order to generate an initial response in the event of a reportable petroleum spill. The city has a tsunami shelter located above the Townsite in case of a major tsunami event. Staff does not know whether the facility is sized to accommodate large numbers of tourists in addition to the full -time residents of the community. Given that many of the proposed lodge zoning areas area located along the shoreline areas some thought may need to be given to this possibility. Case 03- 011 /Staff Report Page 17 of 28 September 20, 2008 Public Hearing Item VI -A The community has a small medical clinic which is operated by the Kodiak Area Native Association. Not much more is known about the number and qualifications of staff working at the facility or what the general hours of operation might be. Goal: Support the state, cities and local service districts in continuing to provide adequate law enforcement, fire protection and other emergency services. Policies: ❖ Endorse efforts of local communities to retain village public safety officers (VPSO's). ❖ Support existing local fire protection districts and volunteer organizations; promote formation of new districts or groups within local communities where resources are available. Implementation Actions: ❖ Coordinate with and provide technical support to local communities in addressing their fire protection and emergency response needs. Goal: Work with private, Native and other organizations to support provision of cost effective health care services for all Borough residents. Policies: Goal: Support development of housing and associated services for seniors to meet current and future needs. Policies: ❖ Support efforts by KANA and others to address health care issues in outlying communities. ❖ The City of Larsen Bay supports a local Senior Center which is located within the principal city office building. The operation of the center is a collaborative effort between the Senior Citizens of Kodiak, Inc. and the Kodiak Area Native Association which provides congregate meals to senior citizens 60 years of age and older. Not much more is known about the staffing and operations of the facility the time of this writing. ❖ Continue to support efforts of the SCOK to develop senior housing and services, including options that allow for seniors to live independently in their own communities as long as possible, as well as assisted living or senior care facilities. + Continue to support efforts of KANA and the Kodiak Island Hospital to provide health care and related services for seniors throughout the Borough. Implementation Actions: Case 03-011/Staff Report Page 18 of 28 September 20, 2008 ❖ Explore specific tools to encourage development or improvements to senior housing, such as tax breaks, flexible development regulations, and technical assistance for grant writing. Goal: Help provide energy in a cost effective, energy- efficient manner, in part to address the effects of high costs of fuel. Policy: + Promote alternative uses of energy and conservation. Implementation Actions: ❖ Develop a borough energy plan in coordination with statewide planning programs. ❖ Explore opportunities for new hydroelectric, tidal, or wind power facilities in local communities throughout the Borough; utilize case studies and best practices from similar projects in other communities. ❖ Explore the feasibility of providing subsidies to low income households to assist in paying for the cost of heating and/or electricity bills. Goals, Policies & Implementation Actions (Parks & Recreation) Public Hearing Item VI -A Probably the biggest reason for Larsen Bay to be a tourist and recreation destination is its location abutting the Kodiak National Wildlife Refuge. That, and its proximity to marine waters which provide access to many productive fishing and hunting areas makes Larsen Bay an ideal location for lodging operations. The City of Larsen Bay provides a great deal of infrastructure support that would ordinarily be unavailable or very costly to provide in a remote lodge setting, such as the state sponsored airport, small boat harbor and community electrical system. In addition the location of the community serves as an intermodal transportation node where travelers may transition from one form of transportation to another if they are heading for a recreational area or activity outside of the Larsen Bay Townsite. In addition to the marine waters, hunters, fishers and recreationists may also travel overland by ATV to Karluk Lake and the Karluk River drainage. Staff understands that access to this area may be subject to KNWR permit limitations through a joint agreement of the Refuge and the Koniag Native Corporation which controls much of the land involved. Goal: Maintain and/or improve access to public recreational lands, including via Native Corporation or other private lands, where possible. Policy: Case 03- 011 /Staff Report ❖ Support acquisition of easements, land or other methods for accessing recreational lands and resources. Implementation Actions: Page 19 of 28 September 20, 2008 Goal: Ensure the long -term viability of and maintain a high level of quality of the recreation experience in Kodiak for both residents and visitors. Policies: Public Hearing Item VI -A ❖ Establish criteria and a process that can be used to identify and prioritize specific areas where access is needed and desired by community residents and visitors. ❖ Investigate and assess the feasibility of specific tools for establishing or requiring access; determine which tools are most appropriate for specific conditions or situations. ❖ Support the development of recreational facilities in village communities and other designated areas within the MB; encourage communities to develop and update local recreation plans. Goal: Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. Policies: ❖ Work with public land managers and private landowners to develop and implement policies and regulations for the intensity and density of permanent recreational facilities and temporary recreational activities. ❖ Assess cumulative impacts and identify carrying capacity considerations associated with commercial recreation and tourism development in the MB. ❖ Consider implementation of requirements for remote recreation activity such as concentrating the development in specific nodes or permitting clusters of commercial recreation and tourism development in selected locations. Implementation Actions: ❖ Evaluate the impact of commercial recreation and tourism development on sensitive fish and wildlife populations and their habitat, cultural resources and water quality. ❖ Consider the costs of commercial recreation and tourism on adjacent landowners. Chanter 10 - Environmental Oualitv As previously mentioned, the City of Larsen Bay provides the community with a supply of potable treated water. The water shed for the city reservoir is located south of the Townsite and extends substantially into the KNWR. While unlikely to affect the water supply, potential sources of water pollution to the surrounding marine waters include: 1) community sewage outfalls; 2) failing on -site septic systems located close to tidewater; 3) fish processing and waste disposal; and 4) non -point pollution sources. Case 03-011/Staff Report Page 20 of 28 September 20, 2008 Public Hearing Item VI -A Of particular concern in this regard is the adequacy of the existing community wastewater system and the adequacy of on -site septic systems located in the west half of the Townsite. Although ADEC and other federal agencies don't have a presence in remote areas of the state, they do still have regulations that must be met by the operators of community sewer systems or on -site wastewater systems that is used for commercial purposes. There are also state and federal regulations pertaining to air quality, but this seems to be a lower priority issue in the outlying communities. The KNWR and private land owners such as the Koniag Native Corporation are in the best position to regulate the habitat values on the land under their control. Indeed they would be the responsible parties for any activities taking place that might violate existing environmental regulations assuming that more culpable parties cannot be identified. The more activity in an area that relies upon motorized transportation the more chance for oil or fuel spillage to occur. In addition, these activities will produce over time waste products such as waste oil and antifreeze contaminated water as a by- product of vehicle use. Certainly this is already a reality for year around residents but the advent of many lodges may cause a spike in such waste products due to the relatively short and intense tourism season. It is unknown as of this writing just exactly how these wastes are currently being disposed of. In addition to the fish and wildlife resources that are the main attraction for tourists and recreationists, there are many other desirable attributes of the area which may attract visitors such as scenic resources and historic resources. These resources are usually considered a side benefit to other recreationist activities, however in each case recreational use and the development that supports it may inadvertently have an impact on these resources if the siting and development of support facilities, such as lodges, are allowed in an unregulated fashion. Because much of the uplands are owned by the KNWR and private Native Corporations, these land owners are more likely to exert control over scenic and historic resources. In some regards it makes sense to have lodges concentrated in a Townsite area such as Larsen Bay rather than having them dotting every viable location along the shoreline. So long as the community can provide adequate infrastructure support at an affordable cost and the lodge uses contribute to the community in other economic ways to provide an off-set for seasonal impacts. A number of potential impacts are mentioned in the comprehensive plan, 1) wasted and contamination disposal practices that might impact watersheds and drinking water quality. Chapter 11— Please see attached excerpt The petitioners have requested a rezone of 8 lots in the Larsen Bay Townsite Subdivision to be rezoned from R1- Single - family Residential to B- Business. The property owners currently have a combination of residential and lodge use established in the rezone area although a number of the lots included in the request are currently vacant. In the following text, the comments that are Case 03- 011 /Staff Report GENERAL COMMENTS Page 21 of 28 September 20, 2008 Public Hearing Item VI -A unique to each request will be bifurcated and numbered separately so that each owner /lodge operation will be addressed separately leading to multiple recommendations and motions. The B- Business zone was determined to be the only zone that would permit the uses requested by the petitioner's and not result in nonconformity of the lots due to inadequate lot size. The Rural Neighborhood Development zone requires a two (2) acre minimum lot area. Because this area is served by municipal water and (onsite or community) sewer the B- Business zone can be applied, although this zone permits a very broad range of commercial and service related uses in addition to the uses currently located on the site. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2008 KIB Regional Comprehensive Plan Update designates the rezone areas as a combination of Business, Mixed -Use and Residential as follows: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Lots 1 and 2 are designated for Mixed -Use and Lot 3 is designated for Conservation. Staff it not clear how this designation was determined, however the MB tax assessment records indicate that Lots 1 and 3 are developed with residential and lodge uses and that Lot 2 is vacant. As one of the oldest (if not the oldest) lodge in Larsen Bay, it will be important to reconcile the existing development pattern with the comprehensive plan designation. It will be important to keep in mind the general nature of these designations rather than unquestioningly following the map depiction. The Mixed Use designation can be considered in the multiple terms of commercial, waterfront or residential uses and zones. In this case, it seems appropriate to consider, at a minimum, the developed lots for B- Business zoning given the relatively isolated nature of the complex at the end of the main street (Third Avenue) and the fact the site is abutting Uyak Bay on one side and the Larsen Bay Airport on the south side. equest No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uyak Bay Lodge, LLC). Lo an Block 2 are designated for Commercial and 1 and 2, Block 3, are design. I for Residen ' These designations are complicated by the fact that the main lod ' uilding is located on 1, Block 3 (designated Residential) and a portion of th- s joining ROW. Although there ar• umber of access drives approaching the lodge pa , Lots 2 and 3, Block 2 and Lot'2, Block 3 ar- ently vacant of any permitted struc r 4 evelopments. It should be noted that there is an un -pe , ed accessory building locate. . n Lot 2, Block 2, which appears on a recent as -built survey submi - for a related ROW . cation request. It will be important to keep in mind the : -neral nature of these designations rather than unquestioningly following the map de e • ion. In case, it seems appropriate to consider, at a minimum, the developed lots for : - : usiness zoning - n the relatively isolated nature of the complex at the end of the . in streets (Third Street and - and Street). Although the main lodge . §hares a boun. . • 'th a residential developed property ( :, Block 3) there have been no zoning comp s filed on the lodge use and/or structures as curren configured. Although the site as v= limited frontage abutting Uyak Bay, the lodge building appe o be located with a rela ' - y unrestricted view to the Uyak Bay. Case 03- 011 /Staff Report Page 22 of 28 September 20, +08 development. The lot has a . od- the•abuttttflg meander line along Uyak Bay. The property is currently va an ZONING/USE: LAND SUITABILITY: Case 03 -011 /Staff Report Public Hearing Item VI -A Re nest o. ck 2, (Tamm Helms . LotAjlairignatertlentW a een an intersection of streets Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The lots area currently zoned R1- Single- family Residential. The proposed rezone would make the lots B- Business, which is the primary commercial district applied in the City of Kodiak and in Womens Bay. The B- Business zone permits a wide range of commercial uses and services, which the Commission should look at closely to see whether there are any potential uses allowed which might create a conflict for the surrounding area, which is also zoned R1- Single - family Residential. The B- Business zone permits single- family residential use when it is located in a structure containing a permitted commercial use, subject to certain limitations on the basis of floor area and residential area in relation to street frontage. It is possible that the rezone, if approved, could create a nonconforming use or structure on one or more of the lots. Additional information would be required about the existing structures and their floor plans in order to say for certain what the outcome would mean. Staff notes that there are reduced off -street parking requirements in the villages for either residential or commercial uses. As discussed in prior cases for after-the-fact rezones some thought should be given to the potential for effective clauses to be attached to the zoning recommendation that would require the property owners to obtain after-the-fact permits and inspections that would normally be required in the development process. This could include, but is not limited to, zoning permits and building inspections, fire marshal plan reviews, ADEC review of on -site wastewater systems, etc. Request No. . d 3 Block 2. Lots 1 and 2 Block 3 Uyak Bay L . Same Block 2 Tamm Helms comments as for Request No. 1. Re u Same comments as for ' e Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The land appears to be suitable as the lodge use and structures have been established at this location for a number of years. The lots are served by water, sewer, electrical and telephone utilities. Staff notes that a large portion of the . rezone area being located so close to the shoreline may be subject to tsunami hazard and storm surge. The lots range in size from 9,425 Sq. Ft. to 46,362 square feet, and representing a total area of 5.46 acres requested for rezone. est No. 2: Lot and 3 Block 2: L 1 and 2, BI 3 (Uyalc Bay,l✓odge, LLC). ents as for uest No. 1. Page 23 of 28 September 20, 2008 Public Hearing Item VI -A o. 3: Lot 4 Bl. 2 Tamm Hel Same comment • as for Request No RECENT DEVELOPMENT TRENDS IN THE AREA: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). The residents of Larsen Bay have been requesting an update to the community comprehensive plan for many years. As a result of the time to accomplish this task these cases have been postponed for five years or more. During that time, the lodge uses in the community have continued to develop and evolve without the benefit of any discemable development permitting. Staff is aware that there may be a number of other commercial lodge operators or bed & breakfast operations doing business in the Larsen Bay community that are also out of compliance with the R1- Single- family Residential zoning but for which no rezone application has been received at this time. A likely consequence of this case and other pending rezones is that the community awareness will be raised regarding the applicability of zoning and planning in the community (as administered solely by the Kodiak Island Borough. Future complaints for non compliance with zoning may result in zoning enforcement action in order to increase zoning compliance in the community. Staff has limited its review in this case to that area requested for rezone by the petitioners. Future rezone requests in Larsen Bay will likely reviewed on a similar case -by -case basis. As previously mentioned, the B- Business zone does not lend itself to the mixed use zoning approach because of the wide range of uses that are permitted in that zone. It is expected that the B- Business zone will require the same degree of segregation from residential uses and structures as- 7 it currently does in the City of Kodiak and along the Kodiak road system. One of the more significant issues to be addressed in this case is the indication from the Larsen Bay City Council (Reso. No. 08 -05) that city infrastructure may be inadequate to support additional commercial lodging operations. Staff has taken note that during recent years there has been a great deal of turnover in the office of mayor and city office staff. In !addition to the physical limitations of the system this turnover may have affected the city's continuity of operations and its ability to consistently administer the utility systems upon which the city relies. In order to research this issue further staff obtained a RUBA report from the State of Alaska along with a utility rate study for the Larsen Bay Community. Based on the information contained therein, it appears that the community is not rated as "sustainable" under state economic and financial guidelines. Currently the city is working to address the deficiencies noted in the RUBA report, however it will take considerable time in order to correct the issues noted and obtain a "sustainable" rating. While this report does not get too deeply into the details of the city's financials, staff believes that the state staff assigned to investigate the Larsen Bay community have provided a diligent and thorough assessment which appears to be consistent with the more general concerns indicated by the Larsen Bay City Council. Case 03-011/Staff Report Page 24 of 28 September 20, 2008 3` The Larsen Bay Tribal Council also provided comments indicating concerns about archeological resources that may be located in the proposed rezone area. Denial of a zoning change is no guarantee that development will not occur in this area, however it would discourage commercial development which is typically more intense than residential development. r Re ' uest No. , Lots 2 and 3 Bloc Lots 1 and 2 Block 3 U ak Ba ode LLC .,Same commen for Request No. 1. R: , uest No. 3: Lot 4, Bloc 2, (Tammy Helms). Same comm s as for Request N. 1. TRAFFIC IMPACTS: Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Staff has not fielded any written complaints about vehicle traffic related to the residential or lodge uses located in the proposed rezone area. As previously noted under the Zoning/Use section above, there are reduced parking requirements in the villages because the number and availability of vehicles in the villages is somewhat limited. There are no current traffic counts available for the community. Without getting into a complicated discussion of traffic impacts, staff recommends that the traffic level be maintained at the current level by limiting the number of commercially zoned lots that might increase the potential for additional traffic generation. Re uest No. 2: ots 2 and 3 Block 2• •ts 1 and 2 Block 3 U Ba Lode C . Same comments as '•r Request No. 1. Re i ue o. 3: Lot 4 Block amm Helms . Sam - omments as for ' ' uest No, Request No. 1: Lots 1, 2 and 3, Block 1, (Carlson). Staff recommends that Lots 1 and 3 be rezoned from R1- Single - family Residential to B- Business in conformity with the existing lodge complex development pattern. Staff believes that any vacant lots which could be conveyed into separate ownership or developed with additional lodge structures should not be zoned to allow this potential development. As a result, staff recommends that Lot 2, be maintained in the R -1 zone or perhaps even zoned to NU- Natural Use consistent with the Conservation designation applied to Lot 3 in the 2008 plan. 1 , be rezoned from R1 -S' lodge complex develo veyed into separate be zoned to allow reco ds that Lot 1, Bloc conf• ity with the existi 1 • which could be tructures should recommends tha ots 2 and 3, Block 2 b NU- Natural U: - consistent with the 2008 plan. le- family Residential to % : usiness in ent pattern. Staff believ - : at any vacant nership or developed w ' additional lodge is potential developme ' . As a result, taff aintained in the R -1 zo or perhaps even z ed to nservation designation ap ' ied to Lot 3, Bloc , in the Request ; . 2: Lots 2 and 3 B : ck 2: Lots 1 and 2, Blo 3 (Uyak Bav Lodge, LLC). Staff Case 03- 011 /Staff Report RECOMMENDATION Page 25 of 28 Public Hearing Item VI -A September 20, 2008 Reques o. 3: Lot 4, Block 2, (Ta y Helms). Staff recommends at Lot4, Block 2 not be rezo d from R1- Single- family esidential to B- Business. A previously indicated staff b eves that any vacant lots ch could be conveyed into separ a ownership or developed with dditional lodge structure hould not be zoned to allow th potential development. This 1 also has other limitin ctors relating to size, shape, sho me and vulnerability to tsunami /d storm surge which ake it less desirable for commerci development. .1 ea° e APPROPRIATE MOTION Public Hearing Item VI -A Should the Commission agree with the staff recommendations, the appropriate motions are: Request No. l: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1, 2 and 3; from R1- Single- family Residential B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated September 10, 2008 in support of this recommendation. The preceding motion should be denied and the following motion adopted: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 and 3, 0 from R1- Single- family Residential to B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated ri �p p September 10, 2008 in support of this recommendation. EFFECTIVE CLAUSE 1. Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. The prece ; ing motion should be denie /and the following motion a' .pted: Case 03- 011 /Staff Report Request No. : Move to recommend at the Kodiak Island B e ough Assembly " •prove the rezoning of sen Bay Subdivision, 'Tact A; Block 2 " ots 2 and 3, and Block 3 ots 1 and 2, from R1 -Si - gle- family Resi. ntial B- Business, subje to an effective clause, . ' to adopt the "F'.s dings of Fact" in the staff eport dated September 10 008 in support this recommendation. Page 26 of 28 September 20, 2008 ' EFFECTIVE CLAUSE 1. Prior to the rez all structures area. Sh Assem Public Hearing Item VI -A ve to recommend that the Kod Island Borough Assembly approve the rezoning of Larsen Bay Su vision, Tract A; Block 3, Lot 1 fro R1- Single- family Residential • : -Business, subject to an effective clau -, and to adopt the "Find'. : of Fact" in the staff report dated Septemb 10, 2008 m support of th recommendation. The preceding motion should be den' d. FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) becoming effective, the petitioners will o d uses located on the developed lots locat Id the zoning compliance requirement no ' e approval, this approval shall become null • 1. void. in zoning compliance for within the approved rezone met within 24 months of Request No. 3: Move to recomme • that the Kodiak Island Borough Assembly approve the rezoning . ' Larsen Bay Subdivision, Tract A; Block 2, Lot 4 ftgui RI - Single- mily Residential B- Business, and to adopt the "Findings of Fact" the staff report dated September 10, 2008 in support of this recomme • 1 ation. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The purpose of the rezone is intended to create commercial zoning districts to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re- establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. Case 03 -011 /Staff Report Page 27 of 28 September 20, 2008 Case 03- 011 /Staff Report Public Hearing Item VI -A 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the 2008 KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. Page 28 of 28 September 20, 2008 Picik 20 1 .2! , 2000 The City and other local organizations currently provide the following services: Street and sidewalk maintenance, with assistance from the Tribal Council Electricity 1 Water and sewer 1 Health services provided by KANA 1 Cemetery Kodiaklsland BOROUGH Comprehensive Plan Update Attachment 1 Larsen Bay Existing Conditions History and Culture The City of Larsen Bay is located on Larsen Bay, on the northwest coast of Kodiak Island. It is 60 miles southwest of the City of Kodiak and 283 miles southwest of Anchorage. The area is believed to have been inhabited for at least 2,000 years. A tannery was operated on Uyak Bay in the early 1800's. A cannery was built in 1911 by the Alaska Packers Association. The City was incorporated in 1974." Larsen Bay is a place of great beauty, and visitors come from all over to experience it. Today Larsen Bay is a community with a rich and mixed heritage that is rooted in the old Alutiiq traditions with a strong Scandinavian heritage that arrived beginning in the later 1800's with the fishing industry. Larsen Bay is named for Peter Larsen, a local trapper, furrier and guide. Population and Housing The 2000 U. S. Census found a total of 115 people living in Larsen Bay, of whom 78% were of American Indian or Alaskan Native (Al /AN) descent. Nearly all of the remaining residents are identified as white. The 2005 population estimate was 97, consisting of 79.1 % Alaska Native or part Native. Many residents of Larsen Bay are descended from the indigenous Alutiiq people. The 2000 Census showed 70 housing units in Larsen Bay, of which 40 were occupied and 30 vacant. This 43% vacancy rate was the second - highest in the Borough behind Karluk. Among the occupied units, 32 (80%) were owner- occupied and eight (20%) were renter - occupied. All housing units were detached, single - family homes. The City's overage household size of 2.88 persons was among the lowest in the Borough. A significant portion of the City's housing units (43 %) was built between 1980 and 1989. Only 3% were built in 1990 or later. The remaining 54% of units were built throughout the 1940's through the 1970's. Local Government Larsen Bay is incorporated as a second -class city, and is governed by a seven - person City Council that includes the Mayor. Council members serve staggered three -year terms. In 2005, there was an overage of 13 municipal staff (Department of Labor and Workforce Development). The City brings in a limited amount of revenue via a 3% sales tax. Most municipal funds come from service charges and other revenue sources." Chapter Elt.en lo. al Commurrtres Figure 11.3 a. a Q C"I't r Fie vin .: Cu(.3' Cnu rn ,niter,, BOROUGH Comprehensive Plan Update Pag€ 21 January 2008 P- 3c f_E J `I,a y 0008 1 Library, senior facility and Culture Center operated with assistance from the Tribal Council and Kodiak Senior Services 1 School /educational services provided through the Kodiak Island Borough School District and Kodiak Island Borough (selected maintenance and improvements) 4 Small boat harbor 1 Solid waste management 4 Emergency response provided through the Community Emergency Response Team The Natives of Larsen Bay Tribal Council is recognized by the Bureau of Indian Affairs as the official governing body for the Native Village of Larsen Bay. The Tribal Council has a full time President and seven members of Tribal Council. The Tribal Council has not yet specified its jurisdictional territory." land Management and USE The Borough is responsible for all planning and zoning within the City of Larsen Bay. The KIB Community Development Department prepared the 1984 Larsen Bay Comprehensive Development Plan, which describes the conditions that existed in the community at that time, identifies local issues and establishes goals and objectives for the community. More recently, the City prepared the 2006 Larsen Bay Community Plan, which includes similar content. In the event that provisions of either plan related to land use or zoning conflict with this KIB Comprehensive Plan, the Borough -wide plan shall take precedence. The following KIB zoning districts apply in Larsen Bay: 1 Business (B) 4 Light Industrial (LI) 1 Public Use Land (PL) 4 Single Family Residential (R -1) Current zoning designations are shown on Figure 11.3. A subsequent draft of this Plan will include a map of proposed future land use designations based in part on the results of Comprehensive Plan update meetings. A local village corporation, Nunachkpit, was formed for Larsen Bay under the American Native Claims Settlement Act (ANCSA) . Nunachkpit later merged into the Koniag, Inc. Native Corporation. As a result of this merger, Koniag owns and manages much of the land immediately adjacent to the City of Larsen Bay and of the neighboring Karluk River Drainage, including both the surface and sub - surface estates. The federal govemment also owns significant land holdings near Larsen Bay, which are part of the Kodiak National Wildlife Refuge. Commercial access to refuge lands for hunting and fishing is strictly regulated, and Larsen Bay residents rely on access to both Koniag and Refuge Lands for subsistence and commercial guiding and fishing activities." Kodiaklsland BORO ChTipt i Ewer ,. Lnci Communities Economic Development The 2000 U. S. Census showed that the City had a 10% unemployment rate. This does not include the nearly 42% of adults over age 16 who were not in the workforce (i.e., were not employed and were not seeking work). The median household income was $40,833, and 21% of all residents were living below the poverty level. Larsen Bay is one of only two outlying communities on Kodiak Island that has a local cannery outside the City of Kodiak. The other is located near (but not technically within) Ahkiok. The cannery is an important resource in that it could allow for halibut to be processed and frozen year round. The City also has six lodges, two of which are open year round. A study of employment and jobs held by local residents was conducted as part of the Larsen Bay Community Plan process. According to this study, there were 222 employment positions in the community, but only 12 of those were full time. Thirteen of the jobs were part-time, and 187 were seasonal. Only 11 jobs in the community included some form of benefits. The majority of seasonal positions (160) are associated with the Icicle Seafoods cannery. Many of those jobs are typically held by non - resident workers. Transportation and Public Facilities The City of Larsen Bay provides electricity, water, sewer and solid waste disposal services. The City also is responsible for road maintenance, which is financially supported by the Tribal Council. The roads are not paved and do not have streetlights, and road dust is often a problem in summer. The City has a small boat harbor, with limited facilities. The state of Alaska owns a small 2,700 - foot gravel airstrip that receives regularly scheduled flights from small aircraft charter companies located in the City of Kodiak. The City provides maintenance services to the airstrip. State planning calls for the airstrip to be extended to 3,300 feet to accommodate larger aircraft. A new fuel tank storage facility was recently completed and allows for increased fuel capacity for the community. Electricity is, in part generated by a small hydroelectric plant located about a mile from town. It is anticipated that the plant may need to be upgraded to continue servicing the community. The Kodiak Salmon Packers cannery currently maintains its own electrical generation plant. Water and sewer facilities are reportedly in generally good condition as of preparation of this Plan, with some improvements needed to sewer pump stations and selected water distribution pipes. The City is also served by some individual septic systems. No major improvement needs were identified by the City during the Larsen By community planning process. Healthcare services are provided by KANA, which operates a small clinic staffed by two health aides. These health aides provide assistance for minor health concerns and first response Chapter EICVFn ,. local Cornmunitie KodiakIsland BOROUGH Comprehensive Plan Update PagE 23 .; January 200r3 J. + " ■ 2008 emergencies. There also is a Community Health Provider, who provides behavioral health support and services. KANA also provides some in- village physician and dental services through itinerant health care providers. KANA's services are available only to those who qualify under federal guidelines; so non - native residents may receive emergency assistance but must go to Kodiak for their healthcare needs. The community has one Village Public Safety Officer, as well as a volunteer fire department and some fire - fighting equipment, including one truck and one trailer that can be pulled behind a snow machine. Emergency response is provided through the five- member Emergency Response Team, in accordance with a community Emergency Response Plan. The City also supports a small library and Culture Center. Parks and Recreation With the exception of the Culture Center, there are no formal recreational facilities in Larsen Bay. Environmental Quality The local climate in Larsen Bay supports a wide variety of plants, animal and bird life. Marine mammals such as whales, sea lions, and seals are frequent visitors to Uyak Bay and are often visible from the City. Shellfish such as tanner and Dungeness crabs also are found. Mild earthquake activity is frequent in the area and several large earthquakes have been experienced in the past. The 1964 Great Alaskan Earthquake caused sustained ground shaking in Larsen Bay, but the resulting tsunami did not affect the community. Larsen Bay experienced a prolonged earthquake in 2000 that registered 7.0 on the Richter scale. Scientists continue to map and discover earthquake fault systems in the area." Issues Specific issues noted by residents in Comprehensive Plan meetings in addition to those identified at the beginning of this chapter include the following: ♦ The community had limited input in the 1984 Comprehensive Plan for Larsen Bay which should not be used as the basis for land use decisions. • Allow small -scale commercial uses and more Bed -and- Breakfasts and lodges, such as in mixed - use zones under certain conditions. ♦ Address concerns about the social impacts of some lodges located within neighborhoods. • Land use planning needed on Amook Island. • Need to expand the boundaries of the City's watershed. • The City should be informed and have leadership on what happens in the City. • Develop housing to attract and keep teachers. KodiakIsland BOROUGH Comprehensive Plan Update Chapter Eleven . local Communities Goals, Policies & Implementation Actions Many of the following goals, policies and implementation actions correspond to the issues identified above and /or were identified in the Larsen Bay Community Plan prepared through the Rural Leadership Forum process. Land Use Goal: Enhance flexibility of land use regulations. Policies • Address concerns about the social impacts of some lodges located within neighborhoods. • Coordinate with the multiple agencies that have a role in local and use issues. Implementation Actions * Review and develop City of Larsen Bay Boundaries that are consistent with and supports the Community Vision. * Acquire Land to allow Tribal Council to enhance development. * Allow small -scale commercial and more Bed - and - Breakfasts and lodges under certain circumstances, such as in mixed -use zones. * Plan for land use on Amook Island. * Expand the boundaries of the City's watershed. Transportation Goal: Improve marine transportation facilities. Implementation Action * Develop deep -sea dock to position Larsen Bay to capitalize on its unique location on the west side of the Shelikof Strait, including a ferry service. Public Facilities, Health and Safety Goal: Improve and maintain local infrastructure. Implementation Actions * Develop basic infrastructure repairs and improvements to: 1. Current electrical delivery system including cost of power. 2. Street Lights. 3. Water and Sewer. Chapter ElavFn .- Lord Comrnunihe; Kodiaklsland BOROUGH Comprehenehe Plan Update Paq� 25 .Z January 2000 Pay 26 2008 4. Establish o public works department. 5. Continue ongoing heavy equipment repairs and acquisitions. 6. Develop public use facilities such as restrooms and telephones in areas such as the Boat Harbor. 7. Develop community greenhouse, barn and cold storage facility. 8. Develop and implement Community Road Plan. 9. Continue current village erosion control projects. * In conjunction with infrastructure development, develop a Community Hall /Cultural Center/ Assisted Living Senior Center. * Develop a Healthcare Plan consistent with the Community Vision that serves all community members. Local Government Goal: Improve overall communication with the Borough. Policies • Coordinate with the Borough on building and development issues. • Define and develop key relationships that will support Larsen Bay in obtaining its community vision. Implementation Actions * Dedicate a specific Borough employee to communicating with the villages. * Establish a Standing Education Committee comprised of members of the City Council, Tribal Council and teachers in the community. * Upgrade City of Larsen Bay Government to better support Larsen Bay's people and strategic goals, including: 1. Establishment of personnel policies. 2. Review of City Revenue Structure. 3. Review of pay scales and job descriptions. * Determine what additional resources the City will require to support its role in achieving the Community Vision. * Review and Develop City of Larsen Bay Planning and Zoning that are consistent with and supports the Community vision. Kodiaklsland BORO Compnbensrve Plan Updste Urd��lai Eie�en r Local Cornr un -s Economy Goal: Retain residents. Policy Improve economic opportunities in Larsen Bay. Implementation Actions * Increase Government Revenues through expanded services and development of infrastructure. * Provide Comprehensive Community Services to seasonal and transient populations. * Develop a six -tier economic development strategy that focuses on the five current aspects of the economy of Larsen Bay and additional potential. * Establish an interface with the Karluk River Area by enhancing the current Karluk River management and partnership with the village of Karluk. * Establish a viable Community Fishing Quota program initially for Halibut and Sablefish. * Develop a strong working relationship with the Icicle Seafoods cannery. * Develop additional industries and businesses that are attractive to Larsen Bay. * Develop infrastructure that will support increased economic development activity and provide necessary services. * Require that public education in Larsen Bay meet or exceed established educational standards for formal education required for students to excel in the trade or profession of their choice and culture place -based education that establishes positive self- awareness and self esteem in community youth. * Consider educational options that are alternative to and in addition to the Kodiak Island Borough School District such as: 1. Continuing education 2. Charter school in Larsen Bay 3. Fishing School 4. Other similar options. Chapter Eleven : local Comniunilic Kodiaklsland BOROUGH Comprehensive Plan Update Poyr 27 .', January 2008 Pa:i 28 !�ir��i�, 2QUE3 Housing Goal: Improve housing conditions and resources. Implementation Actions * Develop Housing Plan consistent with the Community Vision of three additional households by 2008 and five additional households by 2013 that serves all community members and is consistent with defined Land Use Planning. * Explore funding sources to develop teacher housing. * Explore funding sources to develop senior housing and related services. Environmental Quality Policies * Work together with Fish and Game to enhance and maintain Larsen Bay area fisheries. ♦ Monitor subsistence to ensure community access. Implementation Actions * Perform an environmental inventory and assessment and develop an appropriate clean -up • plan. This plan should include the potential tourism impact on the environment, the replaced tank farm and clean up of scrap metal. * Perform Community beautification in association with Community Togetherness goals and the Larsen Bay Youth Council goals. * Develop an insect control program that is effective but not harmful to existing economic development such as the Icicle Seafoods cannery and tourism. * Continue developing the Bear Management program in association with the State of Alaska Fish and Game and Kodiak Island Wildlife Refuge. * Perform review of status of Village Safewater and planning for future Village Safewater that supports the Community Vision. Other Goal: Preserve and enhance community togetherness and cultural awareness. Implementation Actions * Develop an annual community gathering calendar and let people know when gatherings are happening. Kodiaklsland BOROUGH Comprehensive Plan Update C hapt er EI :ver l.o.al Commun * Actively engage and participate in regional community and cultural activities such as Awakening Bear, Alutiiq Culture Week, enhancing Culture Center and activities centered on Young Adults and other events that build positive self- awareness. * Bring back Alutiiq /Russian Orthodox Celebrations such as Masquerade and other similar events. * Work with Elders to bring back historic activities such as Humpies in Pooshki leaves, teaching kids how to fish and other activities that teach self - sufficiency. * Work together to beautify Larsen Bay with activities such as: 1. Work days to help each other clean up yards. 2. Beautifying historic cemeteries. 3. Other similar activities. Chapter Elcven ..-'i Local Communities Page 29 .i January 2008 ld Harbor Exis g Conditions History - d Culture The City of Old H. . or is located on the southeast side of Kodiak Island on Sitkali. . k Strait off the Gulf of Alaska. The mmunity is about 70 miles southwest of Kodiak and 200 • files southwest of Anchorage. The area around Old Harbor is ought to have been inhabited for • arly 7,500 years. The present -day Natives are Alutiiq or . mixed Alutiiq- European herit• •e. The Three Saints Bay area (now Old Harbor) became the first Ru 'an colony in Alaska of -r its discovery by Grigori Shelikov and his "Three Saints" flagship in 1784. A unami destroye he original settlement in 1788, and two more earthquakes struck the area by 1 . The to relocated to "Saint Paul's Harbor," now the City of Kodiak, in 1793. A settlement . re: tablished at Three Saints Harbor in 1884 and named Staruigavan, or "old harbor" in Russi• . The Good Friday earthquake and resulting tsunami destroyed the community in 1964, lea g on o homes and the church standing. The community was rebuilt in the same locatio and was inc• •orated as the City of Old Harbor in 1966.' Today, Old Harbor is a rich mix of • d family names such as Christian -n, Haakanson, Peterson, Zeedar, Inga and Pestrikoff th represent a mix of the many cultures t •t have made Old Harbor their home over time. This has resulted in a unique community, blending elements of the older Sugpiaq traditions, e grounding of the Russian Orthodox religion and . trong, subsistence based lifestyle with t newer influences from mainstream culture. In the last 15 y rs, many community members of Sugpiaq Alutiiq descent have been experience a a resurgence of pride in their culture. The community has been an importan center f. much of this. Today, Old Harbor has an Alutiiq Dance Group, the Nuniaq Dancers Kodiaklsland BOROUGH Comprehensive Plan Update City of Larsen Bay Assessment of Management Capacity Indicators Tammy Helms Rural Utility Business Advisor (RUBA) Program Division of Community Advocacy Commerce, State of Alaska April 2, 2008 Introduction The City of Larsen Bay assessment report was completed by the Rural Utility Business Advisor Program (RUBA) as a requirement for a projected VSW grant- funded project. The report was completed with the voluntary assistance of the utility and based on information utility staff provided to the RUBA program. The goal of the RUBA Program is to help small communities implement utility management practices that will improve the utility's ability to provide safe drinking water to their communities on a sustainable basis. The RUBA Assessment evaluates essential and sustainable indicators necessary for the managerial and financial health of the utility. These indicators are organized under the following sections: • Utility Finance • Accounting Systems • Tax Problems • Personnel System • Organizational Management • Operation of Utility Essential Indicators identify policies and practices that are critical to the short-term operation of a utility. Sustainable Indicators identify policies and practices that make a utility cost - effective to operate and increase the likelihood of long -term financial success. The Major Recommendations are limited to those items needed to meet deficient essential indicators. This is because only the essential indicators are a required to be met under the grant conditions. The City of Larsen Bay operates and manages the following utility services: • Water and Sewer services • Landfill • Garbage haul • Harbor/Dock • Fuel Sales • Airport Maintenance • Road Maintenance • Electricity Essential Indicators Report Page 2 Management Capacity Indicators On April 2, 2008 Tammy Helms met with the City of Larsen Bay staff to complete a RUBA Assessment of Management Capacity Indicators. City staff provided documentation supporting the conclusions in this report. 1 Utility Finance Essential Indicators Yes No Z ❑ O El O El 1 ❑ O ❑ Sustainable Indicators El El CJ El El El ® ❑ O El All revenue and expenses for the utility are listed in the utility budget. The utility has adopted a balanced realistic budget. Monthly financial reports are prepared and submitted to the policy making body. The utility is current paying all water /wastewater electric bills. The utility has on hand a year's adequate fuel supply or it has a financial plan to purchase an adequate supply. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses. The utility is receiving revenues (user fees or other sources) sufficient to cover operating expenses and Repair & Replacement (R &R) costs. YTD revenues are at a level equal to or above those budgeted. YTD expenditures are at a level equal to or below those budgeted. A monthly manager's report is prepared. Budget amendments are completed and adopted as necessary. The City of Larsen Bay drafted and adopted a FY 08 budget with RUBA assistance but it has not begun the FY 09 budget process. RUBA staff will assist the City Clerk with preparing the proper financial reports so they can be submitted to the Council monthly. The interfacility bills have not been paid for at least 8 months due to not having a consistent office staff. The water and sewer revenues are not sufficient to cover operating expenses. The City subsidizes its water and sewer utility through the fuel and electric sales. Manager/ operator reports are given verbally when requested from the Council. Essential Indicators Report Page 3 Accounting Systems Essential Indicators Yes No ❑ ® The utility has adopted a collection policy and actively follows it. ❑ ® The utility bills customers on a regular basis. ❑ An accounts receivable system is in place which tracks customers and reports past due accounts and amounts. ® ❑ An accounts payable system is in place. ® ❑ The payroll system correctly calculates payroll and keeps records. ® ❑ A cash receipt system is in place that records incoming money and what it was for. El ❑ The utility has a cash disbursement system that records how money was spent. Sustainable Indicators ® ❑ ❑ ® Monthly bank reconciliations have been completed for all utility accounts. ❑ The utility has a purchasing system that requires approval prior to purchase, and the approval process compares proposed purchases to budgeted amounts. Although the City has an adopted collection policy, it has not been actively or consistently enforcing it. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past to reliably keep the City's finances in order. Currently bills are not going out on a regular basis due to staffing issues. It is recommended the Council review and implement the City's collection policy immediately. The City utilizes QuickBooks for accounts receivable, accounts payable and payroll. The QuickBooks system is set up properly and has been a tool in the past in keeping the City's finances reliably. Unfortunately in the past few years the employees responsible for accounting entry failed to enter data or execute the program functions properly, which has lead to the City writing numerous NSF checks and an inaccurate accounting of the cash on hand. A chart of accounts is used that identifies categories in a reasonable, usable manner. Essential Indicators Report Page 4 Tax Problems Essential Indicators Yes No NA ® ❑ ® ❑ O El ® ❑ O El 0 El O El O El ® ❑ The utility has a system to accurately calculate, track, and report payroll tax liabilities. The utility is current on filing federal and state tax reports. The utility is current on making federal and state tax deposits. ❑ If there are any past tax liabilities, a repayment agreement has been signed and repayments are current. As stated previously the City has a QuickBooks system that accurately tracks, calculates and reports payroll tax liabilities if the accounting personnel is competent and reliable in the data entry. The City has struggled to pay the monthly payroll liabilities to the bank due to staffing issue but has managed, with RUBA assistance, to submit the quarterly reports to the IRS on time. To date the City has not received any non - compliance notices from the IRS. Personnel System Essential Indicators Yes No ® ❑ Sustainable The utility has a posted workers compensation insurance policy in effect. Indicators The utility has adopted and uses a Personnel Policy, which has been reviewed by an attomey, AML, or DCCED for topics and language. The utility has adequate written job descriptions for all positions. The utility has adopted and follows a written personnel evaluation process that ties the job description to the evaluation. The utility has an adequate written hiring process. The utility has personnel folders on every employee that contain at least: 1-9, Job Application and Letter of Acceptance. The utility has a probationary period for new hires that includes orientation, job - training/oversight, and evaluations. The utility provides training opportunities to staff as needed and available. The City of Larsen Bay has a posted workers' compensation insurance policy in effect from 7/1/07 to 7/1/08 with AML /JIA. The City's current hiring process is historical and is not written. Job notices are posted with the job title and description for 10 days. Interested applicants apply at the City office. There is currently no probationary period for employees. Training opportunities to staff are provided as funds allow or opportunities by other sponsors come available. Essential Indicators Report Page 5 Organizational Management Essential Indicators Yes No ® ❑ The entity that owns the utility is known and the entity that will operate the utility is set. ® ❑ The policy making body is active in policy making of the utility. ❑ ® The policy making body enforces utility policy. • ❑ The utility has an adequately trained manager. ❑ ® The utility has an adequately trained bookkeeper. ® ❑ The utility has an adequately trained operator(s). ® ❑ The utility has adopted the necessary ordinances (or rules and regulations) necessary to give it the authority to operate. Sustainable Indicators ❑ ® The utility has adopted an organizational chart that reflects the current structure. ® ❑ The policy making body meets as required. ® ❑ The utility complies with the open meeting act for all meetings. The current utility operator is trained but has not passed the OIT test. The interim clerk has no prior bookkeeping experience. The city council presently does not enforce the collection policy consistently. Efforts to once again enforce the policy are being pursued. Essential Indicators Report Page 6 Operation of Utility Essential Indicators Yes No ❑ The utility operator(s) are actively working towards necessary certification. ® ❑ The utility has a preventative maintenance plan developed for the existing sanitation facilities. Sustainable Indicators ❑ ® The manager receives a monthly O &M report from the utility operator and routinely "spot checks" the facilities to see that the maintenance items are being completed. The utility has a safety manual and holds safety meetings. Utility facilities have not suffered any major problems /outages due to management issues that are still unresolved. The utility is operating at the level of service that was proposed. The operator provides status reports to the manager on a routine basis. The utility has completed and distributed its Consumer Confidence Report (CCR). The utility meets all required regulations (is not on the Significant Non - Compliance (SNC) list). The utility maintains an inventory control list. The utility maintains a critical spare parts list. El 0 ® ❑ ® ❑ ® ❑ O El In speaking with the Remote Maintenance Worker, Steve Evavold of Village Safe Water, there is a preventative maintenance plan for the existing system. The current utility operator is trained and can run the system but has not passed the OIT test. Historically the utility operator reports to the Mayor or Vice -Mayor when there is a problem or he can foresee one. The utility is not able to operate at the level of service that was proposed due to the inability to backwash the rapid sand filter. The utility does not meet all required drinking water regulations. The City is currently on the SNC list for treatment technique violations and monitoring violations for Stage one and SWTR. The utility operator and Council attempt to keep needed critical spare parts on hand. Essential Indicators Report Page 7 Major Recommendations The City of Larsen Bay has not met all of the essential capacity indicators. In order to meet them, the utility must take the following actions: • The City Clerk should prepare and submit monthly financial reports to the Council. • The City Council needs to make a financial plan to purchase an adequate supply of fuel. • The City Council should review and enforce the collection and disconnection policy they have previously adopted. • A consistent active effort must be made to bill utility customers on a regular basis. • The City is not current with payment of 941 tax liabilities although all reports have been submitted with the assistance of the RUBA program staff. • The City should make it a priority to hire a new City Clerk to perform the bookkeeper's duties and actively support any training available. Conclusion and Next Step In addition to the Major Recommendations, the City of Larsen Bay can work to improve Sustainable Indicators in the areas of "Utility Finance," "Personnel System," "Organizational Management," and "Operation of Utility." It is recommended that: • The City identify revenues to sufficiently cover operating expenses and R &R cost. • The Council should follow the proper procedures in amending and adopting budget amendments. • The utility create and adopt a personnel policy. • The utility create adequate written job descriptions for all positions. • The utility adopt and follow a written personnel evaluation process that ties the job description to the evaluation. • The utility create an adequate written hiring process. • The City should update all personnel folders to ensure every employee file contain at least: I -9, Job Application and Letter of Acceptance. • The utility have a probationary period for new hires that include orientation, job training/oversight and evaluations. • The utility adopt an organizational chart that reflects the current organizational structure. • The Manager/Mayor routinely "spot checks" the facilities to see that maintenance items are being completed • The utility supply safety manuals and hold safety meetings. Essential Indicators Report Page 8 • The utility meet all required drinking water regulations. The regional RMW can assist in meeting this step. • The utility maintain an inventory control and critical spare parts list. By implementing the above recommendations, the City of Larsen Bay will put itself into position to better meet unanticipated fmancial costs and ensure that employees are aware of their conditions of employment. The City of Larsen Bay billing staff was open and helpful with providing information to complete this assessment. The City Council realizes the importance of community health, financial stability, effective utility management practice and sustainability. RUBA staff is available to provide assistance for any sustainable capacity indicators that are not being met. CC: Steve Evavold, RMW Elizabeth Manfred, RUBA, Program Manager Steve Forslin, ANTHC, Engineer Essential Indicators Report Page 9 MEMORANDUM STATE OF ALASKA Commerce, Community, and Economic Development TO: Mayor William Nelson DATE: July 8, 2008 City of Larsen Bay FROM: John Nickels PHONE NO: 269 -4564 LGS III/ RUBA Introduction The Rural Utility Business Advisor (RUBA) program provides management assistance to small utilities with a variety of management tasks, including setting utility rates. RUBA staff traveled to Larsen Bay July 1 -3, 2008 at the City's request to collect financial and operational data necessary to conduct a utility rate study for the water and sewer utility. Utility Operating Expense Utility rates should be set so that they generate sufficient revenue to cover the costs of operations and maintenance, and funding a reserve account for repair and replacement of equipment. The key to setting good rates is to have a clear idea of these costs. The following cash basis financial report for the water and sewer utility was provided by city staff to document expenses and revenues for FY08. 2:09 PM 07,01106 Cash sash City of Larson Bay -2003 Profit & Loss by Class July 2007 through Juno 20011 Wear i !ewer TOTAL Ordway hrsomellxpenss Income Income 14,232.50 14,232.50 Tots Income 14,232.50 14,232.50 Grose Profit 14,232.50 14,232.50 Expense Chemicals & Testing 6,112.80 6,112.60 Dose & subeerlpgons 60.00 50.00 Electrlelty 4,696.65 4,806.65 Frieght 329.06 329.86 Fuel di 1,301.01 1,301.01 Maumee & Mondry 3,251.00 3,251.00 Ports & Supplies 1,437.60 1,437.60 Payroll Expanses 11,665.92 11,883.92 Payroll !sees 1,136$1 1,136.64 Posh*, 5.03 8.05 Travel Mere 94.50 94.50 Per Olson 500.00 500.00 Travel . Other 224.40 224.40 Total Travel 616.10 618.90 Told Expiate* 31,028.45 31,025A8 Net Ordinary Income .16,792.95 - 18.792.95 Net Income - 16,762.9f - 11,792.98 SUBJECT: Larsen Bay Water /Sewer Utility Rate Study 1 Major Recommendations The City of Larsen Bay has not met all of the essential capacity indicators. In order to meet them, the utility must take the following actions: • The City Clerk should prepare and submit monthly fmancial reports to the Council. • The City Council needs to make a fmancial plan to purchase an adequate supply of fuel. • The City Council should review and enforce the collection and disconnection policy they have previously adopted. • A consistent active effort must be made to bill utility customers on a regular basis. • The City is not current with payment of 941 tax liabilities although all reports have been submitted with the assistance of the RUBA program staff. • The City should make it a priority to hire a new City Clerk to perform the bookkeeper's duties and actively support any training available. Conclusion and Next Step In addition to the Major Recommendations, the City of Larsen Bay can work to improve Sustainable Indicators in the areas of "Utility Finance," "Personnel System," "Organizational Management," and "Operation of Utility." It is recommended that: • The City identify revenues to sufficiently cover operating expenses and R &R cost. • The Council should follow the proper procedures in amending and adopting budget amendments. • The utility create and adopt a personnel policy. • The utility create adequate written job descriptions for all positions. • The utility adopt and follow a written personnel evaluation process that ties the job description to the evaluation. • The utility create an adequate written hiring process. • The City should update all personnel folders to ensure every employee file contain at least: 1-9, Job Application and Letter of Acceptance. • The utility have a probationary period for new hires that include orientation, job training/oversight and evaluations. • The utility adopt an organizational chart that reflects the current organizational structure. • The Manager/Mayor routinely "spot checks" the facilities to see that maintenance items are being completed • The utility supply safety manuals and hold safety meetings. Essential Indicators Report Page 8 • The utility meet all required drinking water regulations. The regional RMW can assist in meeting this step. • The utility maintain an inventory control and critical spare parts list. By implementing the above recommendations, the City of Larsen Bay will put itself into position to better meet unanticipated financial costs and ensure that employees are aware of their conditions of employment. The City of Larsen Bay billing staff was open and helpful with providing information to complete this assessment. The City Council realizes the importance of community health, financial stability, effective utility management practice and sustainability. RUBA staff is available to provide assistance for any sustainable capacity indicators that are not being met. CC: Steve Evavold, RMW Elizabeth Manfred, RUBA, Program Manager Steve Forslin, ANTHC, Engineer Essential Indicators Report Page 9 City staff stated that expenses associated with pumping individual septic systems are included in the above expenses, and that the current water rate is actually a combined water and sewer rate. Residents are not charged separately for septic pumping services. The report shows that the City is subsidizing the operation of the water sewer utility. Expenses in FY08 exceeded revenues by $16,793; in other words, in FY08 water sewer revenues paid for only about 46% of the utility's expenses. RUBA recommends that water sewer utilities be managed as self - sustaining enterprises, which in the case of Larsen Bay will require an increase in utility rates. Calculation of proposed rates is based on the FY08 expenses. A draft FY09 budget for the utility projects very similar expenses, but a water system project planned for next year will likely add expense items and increase other existing expense items in the water sewer budget. Service to new customers, particularly commercial customers, will also affect expenses and rates. New rates will need to be calculated at that time, and should be reviewed for accuracy at least annually. Repair and Replacement To be sustainable, a utility's rates must also pay for the infrequent expense associated with replacing worn out equipment. A repair and replacement fund should be created to replace equipment with a useful life of less than ten years. The amount to be set aside each year is determined by dividing the cost of the equipment by the estimated life of the equipment in years. RUBA recommends that at least two items be included on a list of equipment that will need to be replaced periodically. The first replacement item is the water filter media, which is estimated to have a useful life of 10 years and would cost $10,000. Setting aside $1,000 each year for ten years would ensure the necessary funds will be available. The other item is a group of three chemical pumps used in the water treatment process. These pumps each cost about $1,000 and have an estimated useful life of 3 years. Setting aside $1,000 each year would ensure funds are available for pump replacement. A total amount to be set aside each year for repair and replacement is $2,000 and is to be added to the total operating expense ($31,025) to determine the annual revenue requirement, which is $33025. The City's remote maintenance worker (RMW) and sanitation project engineers may be consulted to verify the amount to be set aside for repair and maintenance. Collection Rate A factor that greatly impacts the revenues received by a utility is the collection rate, which is that portion of the total amount billed that was actually received by the utility. For various reasons, utilities rarely receive 100% of what was billed, so rates that are based on the revenue requirement will always fall short in collecting the needed revenues. To allow for this shortfall, rates are based on a larger amount, which is determined by dividing the annual revenue requirement by the collection rate. The financial reports for the water sewer utility indicate that for FY08, the collection rate was 83.2% for all customers combined. Collection rate by class was not determined. Dividing the revenue requirement (33,025) by the collection rate (83.2 %) yields 39,693.51 which is rounded to 39,694. Rates based on this number will result in the needed $33,025 if the collection rate remains at 83.2 %. 2 Customer Classes and Current Rates The utility charges customers for water service using a monthly flat rate. In the case of commercial customers, individual monthly rates are used that are based on the residential rate and the estimated use of water compared to average residential use. The current classes, numbers of customers and water rates are as follows: Residential; 33 customers; monthly rate is $23.18. Seniors; 12 customers; monthly rate is $8.75. School; one customer; monthly rate is $300.00. Public Facilities; 5 customers; monthly rate is $23.18 Commercial; 6 customers; monthly rate varies depending on estimated volume of water use compared to an average residential customer. The six lodge businesses were identified and currently are charged a commercial rate are as follows: Larsen Bay Lodge, $185.44 Uyak Bay Lodge, $69.54 Kodiak Charters, $69.54 Kodiak Lodge, $92.72 Foxtail, $23.18 Island Resort, $46.36 Proposed Rates A water meter at the water treatment plant records the number of gallons of water that is treated. A cost per gallon was calculated, but cannot be applied to individual customers because none have meters to record the amount used. Rates that would meet the revenue requirement were initially calculated based on the estimated use of water by each class and the cost per gallon. After discussions with city staff and others, adjustments were then made to allow for a lower rate for seniors, the same rate for the school, and a higher rate for public facilities. The rates were recalculated to include the changes but still yield the necessary revenue requirement. Upon reviewing the resulting rates, it was pointed out that the commercial customers varied greatly in size and that including all in one class with the same rate might be unfair. In addition, different lodges operate for different periods of time each year and a seasonal rate would be more appropriate. In response to those concerns, the commercial class was divided into large and small commercial classes, and estimates of the operating periods for each commercial customer were made. Rates were again recalculated to yield the necessary revenue requirement, and are summarized in the table below. 3 Monthly Annual Rate Contribution Residential (32) $46.00 $14,696.45 Senior (11) 23.00 2,525.95 School 300.00 3,600.00 Public Facilities Clinic 52.00 624.00 Post Office 52.00 624.00 VPSO 52.00 624.00 City Office 52.00 624.00 Tribal Office 52.00 624.00 Lg Commercial Larsen Bay Lodge 9 months 220.19 1,648.78 3 months 46.00 114.82 Uyak Bay Lodge 9 months 220.19 1,648.78 3 months 46.00 114.82 Kodiak Charters 9 months 220.19 1,648.78 3 months 46.00 114.82 Island Resort 4 months 220.19 732.79 8 months 46.00 306.18 Kodiak Lodge 4 months 220.19 732.79 8 months 46.00 306.18 Sm Commercial Foxtail Lodge 4 months 95.00 316.16 8 months 46.00 306.18 O'Brien's Seafoods 4 months 95.00 316.16 8 months 46.00 306.18 Sourdough Bay Lodge 4 months 95.00 316.16 8 months 23.00 153.09 Projected annual revenue $33,025.07 The rates and projected revenues are based on a collection rate of 83.2% for customers in the residential, senior, and commercial classes. Based on discussions with city staff and others, a 100% collection rate is assumed for the school and public facilities. The proposed rates will currently meet the revenue requirement for the water sewer utility but further adjustments can be made and the rates recalculated if requested by the city council. Observations: The only meter data for the utility is for the water plant, and estimates of water use by class added up to far less than the actual amount documented in the meter logs. Utility data indicates that the 7,170,068 gallons of water were treated, and an estimated 3,395,000 gallons were consumed by utility customers. This means that about 53% of the treated water is being lost. Possible explanations for the unaccounted water use include faucets left running to prevent freezing in winter, leaks in the distribution system, or 4 hoses left running. If these losses could be prevented or reduced, significant savings might be realized that would allow lower rates. The collection rate was found to be 83.2 %, which was used to calculate the proposed rates. The rates could be decreased slightly if the collection rate could be improved. The use of water meters would allow rates to be based on the actual amount of water consumed, and would encourage water conservation, which would lower operating costs. RUBA recommends water meters for all commercial customers. The proposed rates include septic pumping service, which is not currently billed. Accounting for septic pumping expense separately would allow a separate charge to be determined for this service, and would allow a lower charge for water service. Calculation of proposed rates is based on the FY08 and projected FY09 expenses, which are similar. Any change to the system such as a project that installs new equipment or inclusion of additional customers will affect utility expenses and the rates that should be charged. New rates will need to be calculated at that time, and should be reviewed for accuracy at least annually. 5 CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907-847-2211 • FAX: 907- 847.2219 E -MAIL: CITYOFLARSENBAYQaAOL.COM RESOLUTION NO. 08-05 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03 -011, 03 -012, 03 -016, 03 -018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to commercial enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission post pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This /9 of /%t, h v 61 y SIGNED: ATTEST: A (Secretary Treasure) To Whom It May Concern: This letter is to acknowledge that the Native Village of Larsen Bar Tribal Counci re the property listed as lots 1, la, 2, and 3 as places of hist• cal findings . 'dhistorical significance to our Tribe. There have been and continue to be a ifacts found in ' = area as well as human remains. Thank you for your time and acknowledgement of this matter. Sincerely, Jennifer Moe Vice President Native Village of Larsen Bay Tribal Council Z'd VMEN TrariAL Cclu. tem PHONe19fi7) 847_3507 FAX f9071 847 -•2307 - Ip0 Box 60 a.enr gas. AL;:sicw 99624 O1708061, (led f c 08, DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS & OUTDOOR RECREATION OFFICE OF HISTORY AND ARCHAEOLOGY April 25, 2008 RE: Larsen Bay Subdivision / Re- zoning Bud Cassidy, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 SARAH PALIN, GOVERNOR 550 WEST 7 AVENUE, SUITE 1310 ANCHORAGE, ALASKA 99501 -3565 PHONE: (907) 269 -8721 FAX: (907) 269 -8908 Dear Mr. Cassidy: The Office of History and Archaeology was recently notified of a request to the Borough for re- zoning a portion of the Larsen Bay Subdivision from residential to commercial. As you may be aware, this area of the Larsen Bay town site is coextensive with a large prehistoric settlement and cemetery known collectively as the "Uyak Site" or "Our Point Site" (State Inventory # KOD -145). This site, which covers around 8 acres, has been the focus of several archaeological investigations since 1931. In 1991, the site made headlines when the Smithsonian Institution repatriated 300 sets of human remains removed during the 1930s. I had an opportunity to conduct excavations at the site myself in 1993 in conjunction with a road construction project. At that time, intact portions of the site were buried beneath road fill. While much of the site has been destroyed as a result of modern residential and commercial development, it is likely that discontinuous intact deposits of archaeological materials remain. The archaeological site is privately owned and is not protected by public laws, except that the disturbance of graves and human remains is prohibited. We hope that you will consider the importance of the site and the potential effects of commercial development while making your zoning decision. Don't hesitate to contact me if I can provide further information. Sincerely, J. David McMahan Alaska State Archaeologist, Deputy State Historic Preservation Officer "Develop. Conserve. and Enhance Natural Resources for Present and Future Alaskans." MAP Duane Dvorak ()Subject: FW: Larsen Bay Comp Plan From: Allen Walbum (mailto:awalbuml ©comcast.net] Sent: Wednesday, February 13, 2008 11:41 AM To: Duane Dvorak Subject: Larsen Bay Comp Plan February 13,2008 To: Kodiak Island Borough Planning & Zoning Commission Kodiak, AK 99615 From: Alaska's Kodiak Island Resort P.O. Box 36 Larsen Bay, AK 99624 Subject: Larsen Bay Zoning Dear Sir: Recently we were made aware that the Kodiak Island Borough (KIB) was directly responsible for "zoning enforcement and compliance in Larsen Bay. Our company, prior to developing our property was lead to believe that our lot was zoned properly and in complete compliance. This information was conveyed to, us by the property seller as well as Larsen Bay elected officials. At no time were we ever made aware, or noticed that the Mir Kodiak Island Borough was developing and enacting a comprehensive plan that would make our property non- complying. We are not requesting exceptions to KIB regulations, only consistency and equality. Adoption of the KIB comprehensive plan in December 2007 has created several non - complying properties. Unless compelling and convincing arguments are brought forward, in objection, all sites similarly situated should be rezoned together. As a new lodge owner and operator we have operated within the community with a mindset to better our village. Kodiak Island Resort has employed local people, participated and donated to civic projects, paid Kodiak Island Borough property taxes, Larsen Bay's bed taxes in addition to working with a youth KANA program. We want to support our community and borough and only desire to be allowed to continue to operate as we have since our inception in 2006. Please suspend pending requests for rezone and consider adopting a KIB plan that addresses all interested and similarly situated parties simultaneously. Only after adoption and implementation of the plan should non- conforming sites seek a rezone or variance. We suggest a meeting with the affected parties in the early spring (May or June). Thank you for your time and consideration of this matter. Sincerely, N, Allen Walburn Managing Partner Alaska's Kodiak Island Resort 1 -•-•. • . ...,.,...s actn iu yuu uCCause our recoras tnatcate 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, February 13, 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. /' /.5"6"7 / M„ er 'Aiwa A„ sl - Your Name: �egC 1. (� 1 -J Mailing Address: 4p�,ft, k V(3 (4 O'13 Your property description: L Ai2se .46A y , L ock � , Z .,7' 2 / £ 1 Comments: 2; r d 7 G ut&ra� i2 ttir Titer all Z f Aet.Ltiri4 ��Wttwf / .3 •h. F , J r d -k uv,.d sealer Setu;ca fog_ ro uldr eec , • tai- ;r. - Kw re3pron ues+ PRIOR +. a. pm i J 4"C "Ate re r ail+ GS e... I 3c4.1 d "' `O„„,A, p" P VcL „�► a our 61 O 4 b i rt.c� ■>u�s es c, , 11s �P° 4. .. P1... • ,. sue. - 'l f j (1 FC014sU44. €o.. l (pc obi t „. Z a...sl 01 • i va. 4 T. • . agld; -�,m, Cok ::� P(w„ upd , .1 4e 12 fwP4.,,... .,. Ate t p:e -6 w ►aprru� 0,,,,A Ifww:. ler�. ikCvo$ `e- t tiA. I 4 —.g. 65v..4., Z . i G OMMUNITY D FEB 11 PUBLIC HEARING NOTICE Hearin S Item VI -D LOPMENT DEPARTMENT A public hearing will be held on Wednesday, 7:30 p.m. in the Borough Assembly Chambers, Kodiak Island Borough Planning and Zoning following request: February 20, 2008. The meeting will begin at 710 Mill Bay Road, Kodiak, Alaska, before the Commission, to hear comments if any, on the CASE: APPLICANT: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH IMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 03 -011 V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay 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 – 3, and Block 3, Lots 1 & 2 from R1 – Single Family Residential to B- Business. 100, 101 and 103 Second Street and 92, 94, 95, 96, 97, 98, and 99 Third Street, Larsen Bay R1- Single Family Residential OTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE THAI IS PROPOSED _ TO..BE_DELETED- _ .UNDERLINED._LANGUAGE_ IS .NE's_ LANGUAGE THAT IS PROPOSED FOR INSERTION. ALL OTHER UNMARKED LANGAUGE IS EXISTING CODE THAT IS PROPOSED TO LEFT UNCHANGED. 17.06.055 Bed and breakfast (B &B). "Bed and breakfast (B &B)" means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B &B must reside on the premises and the maximum number of rooms that can be rented out is five (5). A Bed and Breakfast must provide 1 additional parking spaces beyond the normal requirement for a single family dwelling unit for a two room use; 2 additional parking spaces for a three - four room use and 3 additional parking spaces for a five room use. (Ord. 93 -66 .3, 1993). Premises. "Premises" means a lot, together with all buildings and structures thereon. 17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding, bed and breakfast or lodging house used and maintained to provide sleeping accommodations for not more than two (2) persons. Each one hundred (100) square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.330 Hotel. "Hotel" means any building or group of buildings in which there are six (6) or more guest rooms used, designed, or intended to be used for the purpose of offering to the general public food, lodging, or both, on a day -to -day basis. (Prior code Ch. 5 subch. 2 .9B(part)). C 4 17.06.060 Boardinghouse. "Boardinghouse" means a building other than a hotel with not more than five (5) sleeping rooms where lodging, with or without meals, is provided for compensation for three (3) or more persons, but not exceeding fifteen (15) persons, on other than a day -to -day basis and which is not open to transient guests. (Prior code Ch. 5 subch. 2 (9B(part)). 17.06.220 Dwelling unit. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes, and in which not more than two (2) persons are lodged for hire. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.355 Lodge. "Lodge" means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography, and viewing, and passive recreational activities. (Ord. 93 -66 .3, 1993). 17.06.430 Motel. "Motel" means a group of one (1) or more detached or semidetached buildings containing two (2) or more individual dwelling units and /or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts, (Prior code Ch. 5 subch. 2 .9B(part)) . 17.06.455 Recreational cabin. "Recreational cabin" means a structure occupied on a temporary or seasonal basis by a group of people meeting the defmition of family. This use is usually associated with remote areas. (Ord. 93 -66 .3, 1993). 17.06.495 Single resident occupancy. A single resident occupancy or single room occupancy (SRO) is a housing type consisting of one (1) room with or without cooking facilities and with private or shared bathroom facilities. A SRO is also a commercial building similar in use and function to a hotel or apartment building (e.g. multiple family dwelling) composed of eleven (11) or more studio apartments or rooming units that are available for rent for periods of seven (7) days or more. (Ord. 96 -01.3, 1996). 17.06.Vacation Home. "Vacation home" means a one - family dwelling unit that is rented or leased in its entirety for periods not to exceed 30 days in length. 3.30.280 Definitions. A. As used in this chapter the following definitions shall apply: 1. "Accommodations" mean a structure or portion of a structure which is occupied or intended for occupancy by transients for dwelling, lodging, or sleeping purposes. This term includes hotels, motels, tourist homes, houses or courts, lodges, lodging houses, inns, rooming- houses, hostels, trailers, bed and breakfasts, dormitories, charter boats, cabins, tents, or other temporary structures. This term does not include any hospital, medical clinic, or nursing home. 10. "Transient" means a person who occupies or rents and has available for the person's own occupancy or occupancy by any other person any type of accommodation for fewer than thirty (30) consecutive days. An employee who occupies or has available for fewer than thirty (30) days a suite, room or rooms rented or leased for more than thirty (30) consecutive days by an employer for use on a rotating basis by employees is not a transient. (Ord. 2000 -06 .2(part), 2000; Ord. 96- 19 .3(part), 1996). Chapter 17.03 GENERAL PROVISIONS AND USE REGULATIONS' Sections: 17.03.010 Application of provisions. 17.03.020 Conformity with regulations required. 17.03.030 Alteration or erection of structures. 17.03.040 Yard or open space limitation. 17.03.050 Approval by planning and commission. 17.03.060 Zoning compliance. 17.03.070 Building permit and conformity to zoning. 17.03.080 Uses prohibited unless authorized. 17.03.090 Similar uses may be permitted. 17.03.100 Airport regulations. 17.03.110 Bed and Breakfast, Lodges, motels and hotels Prior to the beginning of any of the following uses a copy of the certificate of registration for the transient accommodation tax must be submitted to the Community Development Department and a • G ertificate of zoning lodge etc. If the proposed use (Section 3.30.040 of Title 3 of the shall be issued for any of the following uses: Bed and Breakfast, hotel, motel, complies with the criteria for exemption to the transient accommodation tax Title 3 of the KIB Code), then a certificate of exemption (Section 3.30.060 of KIB Code) shall be provided to Community Development staff. VACATION I HOME a a a a a a U a a RECREATION CABIN c a U 'I�.LOL1i a a a 3000'I 9 JJAO — Asa Sl uui aioui — D BOARDING HOUSE a d a 'I�.LOH 9 d d gVgl a ZONING DISTRICT top stu patisratEM - M I I WH - Wildlife Habitat District I NU — Natural Use District I C — Conservation District I LI — Light Industrial District I RB — Retail Business RD - Rural Development District RNC - Rural Neighborhood Commercial District I RR2 - Rural Residential Two District I RR - Rural Residential District I RRl - Rural Residential One District I Rl - Single - Family Residential District topIs'Q lequap!sag X 11 3 -ones - I R3 - Multiple Family Residential I I District I B - Business District I I — Industrial District I PL - Public Lands District 1 UNC - Urban Neighborhood Commercial District SRO - Single Resident Occupancy Standards 211 'V Pert *pumas. Ara Loon 20090 uraouirvn 000'015 - 01 101 u Mot11un 00,'9005 - 011 2 0 1 7 Yes (Water only, septic system for onsite wastewater d' osa saA taA O 00)0007 uasou4un al Aag o.o.n w . 810060 mA! O w0054un uae94un 09 ¢IVawwn3 VNI E WI 'E 1 P 0 1Y Y Pa/ Nrosu0o1 MB vassal T00-g0 w oou k 0] 00e'ES-E 0011 u0ou4un (3urxN 00 - E WI 11 1111 1, sa 4 111 VN 09 VN VN o re I�Dlcatll 0000400 DI 1.1'90 4 Y Puy •esltv0ol AN usual 800-00 5an04U0nl 000'9$ • Pt 701 u00u407 0091E5.OT 1 dry Water Only, Omit Wastewater Disposal MA 004 0000407 1 005457 0000407 09 usaoun0n u0ou407 u0u 000 IeWwa0 150 u P.M 11 6T II Wl P.M Y 7011 ',11)0001 Avg until 910-00 u0oo.,n OOE'sS -► WI u - ou,unl 009745 - ►Will 0005490 00ou4u7 00000400 790ap11a8 A9w 4- 0I801S ""0040"1 0 71 psodl10505egaYaM a *s- 00Am./79M AZD wA s5A v0ou40n O 0004517 0000407 0,00407 O 0000457 a s 03-0 Larsen BayTOwndb, Tract A. Block 7, Lot and Mods Lots 3,4 and Kodiak Ourte 1 Lod 0005407 Lot3- 527,500 Lot 4 - 50.00 (Vacant) Lot 5.50.00 (Vacant) (B7( lot 4- 536,700 Unknown 'No Unknown Single -tan* Residential (one SFR on tat 4, BO 7and one 5FR on Io03, Ilk8 Unknown Yes Unknown sal 004 sal 0000407 w00u400 01701 000let0 4077 689401 0aA 09 09 0000400 u00u45n wwmqun 1a1050gsae/Wo4ralarefirp eww0l PSa1W L pUS 0 ■701 '6 31a1'nlsu003A09 *01511 010-60 _._ u00040n 00/'/5.01 000'015 - t 1o1 Lot 1.1208200 lot 2 - 50.00 (Vacant) Unknown u0ou0un oak 054 ,9701 09 09 saA 504 004 Yes 907797 Uyak Bay 1.1C unknown Unknown Orel 500u4un u0oaqun 1 e11*0Plpe 03-011 Larsen BayTownslb, Tract A, Block 2, Lob 7 1A and 24 Vacant I VN 000'0E5 - 101 001'ES-T 501 000'00S - 2 0o2'sS- Wt ooe'ES - 15 0 1 Lot 1- $0.00 (Vacant) lot 1A - 50.00 (Vacant) tot 2 - 50.00 (Vacant) Lot 3.50.00 (Vacant) Lot 4 - 50.00 (Vacant) NA 2111 zz. V9 1051557759 - 4.101 - E 000 t 0101 4anuaplss9 Pu0 T tam Larsen Bay Tow0Slte, Tract A, Block 1, Loaf -3 00801.5 Earl 000'075 WI 000'015.1 lel Lon 1- 5188300 Lot 2.50.00 (Vacant) Lot 3 - 5148,600 Unknown 00004150 nsA tab 5ep01 740 p9*0plsae 09 a*MW D4 Yes 727506 umen Bay Adventures, LLC; 403098 Larsen Bay Adventures; 208639 Larsen Bay Lodge INC Unknown Unknown oN ' Varies, Unknown No u0au4un u0o0400 p51uagsa0/WOy5030A1/l0nrauauo2 0 A4anN an) - u s 1 • S ; 1 1 S Borough Building Assessed Value (1)2007) City Sales Tait 7 2 088)0+55 50470 07)00 L 010 )0r 8 5 I87PI3 'W 2 0.810505 8011009 Sp )930'191 '08701) A.ohlq 08.00 1 *IPIM11ew 8 p0 1 4 nuelduNo futu00 2 am JO (s)arwna5 pas41e37000 tea! 3 1 CA aaeg000sp 04 Pa slay 500o 1019007 1a0od A40 A4 D Kau awes pus 501074 BELMIONage Alaska Business License Business Uoense Number fire Marshal Review Fire Marshal Permit No. MAMA.. Fr•el ipv50d 010.90)018810)002 W Aai9n5 01n9-sV 548.9 0.941 *B any l01a0d 2 sauna:mg 1o atm 5sn awapn e Aeg mewl W a09 55000 0opeu9paa uld a04suaya0lsuayadwo2 H a) rn -H w n. 0 0 0 0 0 N III 0 N a �— I TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 16, 2008 REGULAR MEETING SCANNED Date.44+'� Sign: NO: 13.D.1 Accepting the 2007 Public Safety Interoperable Communications Grant, 2007- GS -H7- 0025, State Grant No. 07PSIC- GR34037and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. SUMMARY: The purpose of this action is to accept the 2007 Public Safety Interoperable Communications Grant, 2007 -GS -H7 -0025, State Grant No. 07PSIC- GR34037, in the amount of $70,230.00 from the Alaska Division of Homeland Security and Emergency Management which will be used to upgrade current radios and purchase new radios where needed to upgrade the systems at the Bayside Fire Station, Women's Bay Fire Station, Providence Kodiak Island Medical Center, and Chiniak EMS First Responders. This project will upgrade all radios to an AES encryption system so that they are compatible with the Kodiak City and new Coast Guard Radio systems. FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to accept the 2007 Public Safety Interoperable Communications Grant, 2007 -GS -H7 -0025, State Grant No. 07PSIC- GR34037, in the amount of $70,320.00 and authorize the manager to enter into an agreement with the Alaska Division of Homeland Security and Emergency Management. Mr. Rick Gifford Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Gifford: 1 DEPARTMENT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT September 12, 2008 RE: 2007 Public Safety Interoperable Communications Grant, 2007 -GS -H7 -0025 State Grant No.: 07PSIC- GR34037 SARAH PALIN, GOVERNOR P.O. Box 5750 Ft. Richardson, AK 99505 -5750 Phone: (907) 428 -7000 Fax: (907) 428 -7009 Toll Free: (800)478 -2337 www.ak- prepared.com II C f UUC 15 SEP 1 5 2008 KIB MANAGER The Alaska Division of Homeland Security and Emergency Management (DHS &EM) is pleased to award the Kodiak Island Borough the amount of $70,320.00 under the 2007 Public Safety Interoperable Communications Grant (PSIC) for the performance period of September 15, 2008 through March 31, 2010. Federal funding from this program was provided to public safety entities. The intent was to enhance the ability of local governments, tribal and non - governmental organizations to achieve meaningful and measurable interoperability improvements for public safety communications that includes multiple agencies and regional jurisdictions. To receive these federal funds, the State of Alaska was required to develop a State Communications Interoperability Plan (SCIP). One of the primary goals of the SCIP and Alaska's PSIC grant guidelines was the emphasis on the funding the un- served and underserved communities of Alaska. The objective was to focus funding specifically on those communities and agencies that had not been funded from past interoperable communications investments including volunteer staffed agencies such as volunteer fire departments. The goal was also to empower communities to build internal and regional interoperability using technology appropriate to each community and organization in terms of complexity and cost. In order to facilitate this process, the State of Alaska committed to paying the 20 percent match requirement for this grant. All applications were evaluated by a DHSL EM internal review committee to ensure that all application requirements had been met. A voluntary interagency external review committee met on May 21, 2008. They reviewed all eligible projects and recommended actual award allocation amounts. The committee followed the intent of the PSIC grant guidelines for Alaska and ultimately, every entity that applied received some funding. Mr. Gifford September 12, 2008 Page 2 of 2 Attached are two pre- signed grant awards, please review the information for accuracy and if applicable, review the Special Conditions in Box 11. Please sign the obligating documents, keep one original for your records and return the other original within 30 days to: jwm:kmd:tdp Roberta Carney State Administrative Agency (SAA) Point of Contact P.O. Box 5750 Fort Richardson, AK 99505 If you have any questions or need further assistance, please contact Kathy Day, DHS &EM project manager for this grant, at 907- 428 -7138, toll -free at 800 - 478 -2337 or by email at kathy.day @alaska.gov. Sincerely, r`"L John W. Madden Director Enclosures: Grant Award (two copies) Budget Detail Signatory Authority Form Electronic Form (if applicable) EHP Statement of Work Intent to Accept Award Property and Equipment Inventory Report (if applicable) X:1Stalr Support\GRANTS SLPPORT\2007 Grant,'PSIC\PSIC Award Docs'Award Letter and Grant. doc 1. State Grant No. 07PSIC- GR34037 2. Recipient Kodiak Island Borough 3. Award Amendment ❑ Amendment # _ 4. Employer Tax ID # 92- 0030845 5. Recipient Address Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 6. Issuing Office and Department Division of Homeland Fort Address of Military and Veterans Affairs Security and Emergency Management P.O. Box 5750 Richardson, Alaska 99505 -5750 www.ak-preoared.com/grants.htm 7. Effective Date of This Action September 15, 2008 8. Method of Payment: Electronic 9. Grant Award and Terms and Conditions: (see attached Grant Terms and Conditions) Total Awarded Amount: $70,320.00 Equipment: $70,320.00 Exercise: $ 0.00 Planning: $ 0.00 . Training: $ 0.00 Grant Performance Period: September 15, 2008 through March 31, 2010 For State Use Only: CC # 9297751 File No # 16.13c12 Grant Requirements, Assurances and Agreements: (see attached Grant Requirements, Assurances and Agreements) The acceptance of a grant from the United States creates a legal duty on the part of the grantee to use the funds or property made available in accordance with the conditions of the grant. [GAO Accounting Principles and Standards for Federal Agencies, Chapter 2, Section 16.8(c)1 11. Special Conditions: Grant funds cannot be expended until these conditions have been met. None 12. Recipient is required to sign and return one (1) copy of this document with the terms and conditions to the issuin address in Block 6, within 30 days from the date in Block 17. • x D SI t#?I j t` gager K athY Day Project Manager Himes Ph n X38 = t ail: ` t .', C �' I . ska.go Date 14. Signature of Jurisdiction Printed Name: Robert Phone: 907 - 486 -4536 Fax: 907 -486 -3025 Email: 15. Signature of Jurisdiction Chief Financial Officer Printed Name: Karleton Short Date Phone: 907-486-9320 Fax: 907 - 486 -9392 Email: kshort@kib.co.kodiak.ak.us Date 16. Signature of Jurisdiction Signatory Official Printed Name and Title: Rick Gifford, Manager Phone: 907- 486 -9300 Fax: 907 -486 -9374 Email: rgifford @kodiakak.us 17. DHSBEM Signatory ci o hn W. adders, Director ci Date S:G t DC� X:1Sta11_Support\GRANTS SUPPORT2007 GrantalPSIC1PSIC Award DocaWward Letter and Grant.doc DEPT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT Obligating Award Document for 2007 Public Safety Interoperable Communications Grant U.S. Department of Commerce 2007 Federal Grant No. 2007 -GS -H7 -0025 CFDA No. 11.555 Grant Terms and Conditions (continued from Section 9 of Award) The total allocation of the 2007 Public Safety Interoperable Communications Grant awarded to the Division of Homeland Security and Emergency Management (DHS &EM) is $7,250,345.00 under Federal Grant 2007 -GS -H7 -0025, Catalog of Federal Domestic Assistance (CFDA) # 11.555. The Kodiak Island Borough has been awarded $70,320.00, which shall be used to support activities essential to 0. The performance period of this grant Award is September 15, 2008 through March 31, 2010. Project conditions must be completed by this date. The Kodiak Island Borough cannot sub grant all or any part of this award to any other entity or organization. All awards require confirmation within the first reporting quarter that project expenditures supporting the Planning Work Plan will be made, or a request for de- obligation of funds must be submitted. (A) Chanaes to Award: All change requests must be submitted in writing, or electronically to the DHS &EM project manager, accompanied by a narrative justification and budget /spending plan, for review and approval. Changes must be consistent with the scope of the project and grant guidelines. Requests for changes will be considered only if the reporting requirements are current and terms and conditions have been met at the time the request for the change is made. Changes in the scope of work, changes in key persons specified on the grant award, contractual services for activities central to the purposes of the award, requests for additional funding, change in project site, change in the project manager /director, or release of special conditions will result in an amendment to this award. No transfers of funds between categories will be authorized, only de- obligation of funds. (B) Reporting Requirements: The Kodiak Island Borough shall submit timely quarterly Narrative and Financial Progress Reports. Blank quarterly Narrative and Financial Progress Report forms are located electronically at www.ak- prepared.comgrants,htm, and may be reproduced. Use of outdated forms will not be accepted and may delay timely reimbursements. Quarterly reports are due: Number of Scheduled Reports Due 1 2 3 4 5 6 7 Invoices with progress reports will be submitted to DHS &EM by the due date as specified in the above schedule. Should the grant period be extended for any reason, a modified report schedule will accompany the award amendment. Quarterly Narrative Progress Reports shall describe the status of the project; compare actual accomplishments to the objectives established for the reporting period in the project timeline, report reasons for deviation, and justification for timeline adjustment requests. Narrative Progress Reports must support the Financial Progress Report. Include any significant events or activities. Progress must be reported relative to the project activities and milestones stated in the jurisdiction's application. Financial Progress Reports shall describe the status of the funds, show encumbrances, and receipts of program income and cash or in -kind contributions to the project, whether or not a local match is required. The Final Narrative Progress Report is a summary report, evaluating project activities and measuring performance against project goals and objectives for the entire performance period, and is required in addition to the last quarterly report. (C) Reimbursements: Submit on the Financial Progress Report form. Reimbursement shall be based upon authorized and allowable expenditures consistent with project narrative and grant guidelines, and submission of timely quarterly Narrative and Financial Progress Reports. Payments may be withheld pending correction of deficiencies. Reimbursement of expenditures may be requested at any time within the performance period. Expenditures must be supported with source documentation (e.g. copies of invoices, receipts, etc.) (D) Audit Requirements' As the federal grant recipient, the State of Alaska requires a sub - recipient expending $500,000 or more in federal funds in the organization's fiscal year to conduct an organization -wide audit in accordance with OMB Circular A -133. The Kodiak Island Borough will permit the State of Alaska project and program officials and auditors to have access to the sub - recipient's and third -party contractors' records and financial statements as necessary for the State of Alaska to comply with OMB Circular A- 133. Copies of audit findings must be submitted to DHS &EM within 30 days after the Kodiak Island Borough receives its audit report, or within a 9 -month period of the grant closeout date, whichever is earlier, in accordance with 2 AAC 45.010. Include the federal agency name, program, grant number, and year; the CFDA title and number; and the name of the pass- through agency. (E) Recordkeeping Requirements: Grant financial and administrative records shall be maintained for a period of three (3) years following the date of the closure of the grant award, or audit if required. Time and effort, personnel and payroll records for all Individuals reimbursed under the award must be maintained. X:\Staff Support \GRANTS SUPPORT\2007 Grants`.PSIC1PSIC Award DoesV.ward Letter and Grant.doc Narrative and Financial Progress Report Due Jurisdiction Performance Period Dates 09/15/2008-12/31/2008 1/20/2009 01/01/2009-03/31/2009 4/20/2009 04101/2009-06/30 /2009 7/20/2009 07/01/2009-09/30 /2009 10/20/2009 10/01/2009-12/31/2009 1/20/2010 01/01/2010-03/31 /2010 4/20/2010 04/01/2010- 06/30/2010 7/20/2010 ,iune 2008 (G) The Kodiak Island Borough certifies that it has an Affirmative Action Plan /Equal Employment Opportunity Plan (EEOP) (for federal grants). An EEOP is not required for recipients of less than $25,000 or fewer than 50 employees. (H) The Kodiak Island Borough certifies that its employees are eligible to work in the U.S. as verified by Form I -9, Immigration and uralization Service Employment Eligibility. It is the responsibility of the Kodiak Island Borough as the recipient of these federal funds to fully understand and comply with the requirements of (where applicable): a. OMB Circular A -102, Grants and Cooperative Agreements With State and Local Governments at www.whitehouse.gov /omb /circulars /index.html b. OMB Circular A -87 Cost Principles for State, Local and Indian Tribal Governments at www.whitehouse.gov /omb /circulars /index.html c. OMB Circular A -110 Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations at www.whitehouse.gov /omb /circulars /index.html d. OMB Circular A -21 Cost Principles for Educational Institutions at www.whitehouse.gov /omb /circulars /index.html e. OMB Circular A -122 Cost Principles for Non - Profit Organizations at www.whitehouse.gov /omb /circulars /index html f. OMB Circular A -133 Audits of States, Local Governments and Non - Profit Organizations at www.whitehouse.gov /omb /circulars /index.html g. 48 CFR, Federal Acquisition Regulations Systems Chapter 1 Part 31 Contract Cost Principles and Procedures h. OMB Common Rule: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Incorporated into individual federal agency's Code of Federal Regulations. i. 28 CFR Part 23, Criminal Intelligence System Operating Policies j. Alaska State Procurement Code AS 36.30, AS36.30.005 -.030. www. state. ak. us / local/ akoages /ADMIN/dgs /docsjas3630.doc k. Alaska Administrative Code Title 2 Chapter 12, 2 AAC 12.74. http: / /www.legis state.ak.us /cgi- bin /folioisa.dll /aac 1. Alaska Administrative Manual http : / /fin.admin.state.ak.us /dof /ak admin manual /aam toc.jsp m. 44 CFR, Emergency Management and Assistance (3) Special Conditions: The Kodiak Island Borough shall be familiar with the requirements and restrictions of the 2007 Public Safety Interoperable Communications Grant Guidance and U.S. Department of Homeland Security, Grant Programs Directorate Information Bulletin No. 271 December 05, 2007. Failure to meet Federal, State, and local Environmental Historic Preservation (EHP) requirements and obtain permits may jeopardize current and future Federal funding. We certify that we have read and understand the Grant Terms and Conditions, and the Grant Requirements, Assurances and Agreements, in accordance with this award. X:\Staff Support GRANTS SUPPORT \2007 Grants\PSIC i'SIC Award Doc\Award Later and Grant doc Project Manager's Signature Chief Financial Officer's Signature Signatory Official's Signature XAStafl_Support1GRANTS SUPPORT 2007 GrantsWSIC'PSIC Award DocatAward Latter and Grant.doc DEPT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT Obligating Award Document for 2007 Public Safety Interoperable Communications Grant U.S. Department of Commerce 2007 Federal Grant No. 2007 -GS -H7 -0025 CFDA No. 11.555 1, State Grant No. 07PSIC- GR34037 2. Recipient Kodiak Island Borough 3. Award Amendment ❑ Amendment # _ 4. Employer Tax ID # 92- 0030845 5. Recipient Address Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 6. Issuing Office and Address Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management P.O. Box 5750 Fort Richardson, Alaska 99505 -5750 www.ak- prepared. com/grants. htrn 7. Effective Date of This Action September 15, 2008 8. Method of Payment: Electronic 9. Grant Award and Terms and Conditions: (see attached Grant Terms and Conditions) Total Awarded Amount: $70,320.00 Equipment: $70,320.00 Exercise: $ 0.00 Planning: $ 0.00 . Training: $ 0.00 Grant Performance Period: September 15, 2008 through March 31, 2010 For State Use Only: CC # 9297751 File No. # 16.13c12 10. Grant Requirements, Assurances and Agreements: (see attached Grant Requirements, Assurances and Agreements) The acceptance of a grant from the United States creates a legal duty on the part of the grantee to use the funds or property made available in accordance with the conditions of the grant. [GAO Accounting Principles and Standards for Federal Agencies, Chapter 2, Section 16.8(c)] 11. Special Conditions: Grant funds cannot be expended until these conditions have been met. None 12 Recipient is required to sign and return one (1) copy of this document with the terms and conditions to the issuing address in Block 6, within 30 days from the date in Block 17. 13 • DHS &EM ct Manager 14. Signature of Jurisdiction Printed Name: Robert 1D y 907-42 i 9 O7 . � o � / 9 • 1aU k � a.sio v Project Manager Himes J �alask Date _ —�" Phone: 907 - 486 -4536 Fax: 907 -486 -3025 Email: 15. Signature of Jurisdiction Chief Financial Officer Printed Name: Karleton Short Date Phone: 907 -486 -9320 Fax: 907 - 486 -9392 Email: kshort@kib.co.kodiak.ak.us Date 16. Signature of Jurisdiction Signatory Official Printed Name and Title: Rick Gifford, Manager Phone: 907 - 486 -9300 Fax: 907 - 486 -9374 Email: rgifford @kodiakak.us 17. DHS &ESign ry 0 icial Date �Jo n W. Madden, Director XAStafl_Support1GRANTS SUPPORT 2007 GrantsWSIC'PSIC Award DocatAward Latter and Grant.doc DEPT OF MILITARY AND VETERANS AFFAIRS DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT Obligating Award Document for 2007 Public Safety Interoperable Communications Grant U.S. Department of Commerce 2007 Federal Grant No. 2007 -GS -H7 -0025 CFDA No. 11.555 Grant Terms and Conditions (continued from Section 9 of Award) The total allocation of the 2007 Public Safety Interoperable Communications Grant awarded to the Division of Homeland Security and Emergency Management (DHS &EM) is $7,250,345.00 under Federal Grant 2007 -GS -H7 -0025, Catalog of Federal Domestic fill7 Assistance (CFDA) # 11.555. The Kodiak Island Borough has been awarded $70,320.00, which shall be used to support activities itial to 0. The performance period of this grant Award is September 15, 2008 through March 31, 2010. Project conditions must mpleted by this date. The Kodiak Island Borough cannot sub grant all or any part of this award to any other entity or organization. All awards require confirmation within the first reporting quarter that project expenditures supporting the Planning Work Plan will be made, or a request for de- obligation of funds must be submitted. (A) Changes to Award: All change requests must be submitted in writing, or electronically to the DHS &EM project manager, accompanied by a narrative justification and budget/spending plan, for review and approval. Changes must be consistent with the scope of the project and grant guidelines. Requests for changes will be considered only if the reporting requirements are current and terms and conditions have been met at the time the request for the change is made. Changes in the scope of work, changes in key persons specified on the grant award, contractual services for activities central to the purposes of the award, requests for additional funding, change in project site, change in the project manager /director, or release of special conditions will result in an amendment to this award. No transfers of funds between categories will be authorized, only de- obligation of funds. (B) Reporting Reauirements: The Kodiak Island Borough shall submit timely quarterly Narrative and Financial Progress Reports. Blank quarterly Narrative and Financial Progress Report forms are located electronically at www.ak - prepared.com /grants.htm, and may be reproduced. Use of outdated forms will not be accepted and may delay timely reimbursements. Quarterly reports are due: Quarterly Narrative Progress-Reports shall describe the status of the project; compare actual accomplishments to the objectives established for the reporting period in the project timeline, report reasons for deviation, and justification for timeline adjustment requests. Narrative Progress Reports must support the Financial Progress Report. Include any significant events or activities. Progress must be reported relative to the project activities and milestones stated in the jurisdiction's application. Financial Progress Reports shall describe the status of the funds, show encumbrances, and receipts of program income and cash or in -kind contributions to the project, whether or not a local match is required. The Final Narrative Progress Report Is a summary report, evaluating project activities and measuring performance against project goals and objectives for the entire performance period, and is required in addition to the last quarterly report. (C) Reimbursements: Submit on the Financial Progress Report form. Reimbursement shall be based upon authorized and allowable expenditures consistent with project narrative and grant guidelines, and submission of timely quarterly Narrative and Financial Progress Reports. Payments may be withheld pending correction of deficiencies. Reimbursement of expenditures may be requested at any time within the performance period. Expenditures must be supported with source documentation (e.g. copies of invoices, receipts, etc.) (D) Audit Requirements: As the federal grant recipient, the State of Alaska requires a sub - recipient expending $500,000 or more in federal funds in the organization's fiscal year to conduct an organization -wide audit in accordance with OMB CircularA -133. The Kodiak Island Borough will permit the State of Alaska project and program officials and auditors to have access to the sub - recipient's and third -party contractors' records and financial statements as necessary for the State of Alaska to comply with OMB Circular A- 133. Copies of audit findings must be submitted to DHS &EM within 30 days after the Kodiak Island Borough receives its audit report, or within a 9 -month period of the grant closeout date, whichever is earlier, in accordance with 2 MC 45.010. Include the federal agency name, program, grant number, and year; the CFDA title and number; and the name of the pass- through agency. ( cordkeeoing Reauirements: Grant financial and administrative records shall be maintained for a period of three (3) years fol ing the date of the closure of the grant award, or audit If required. Time and effort, personnel and payroll records for all individuals reimbursed under the award must be maintained. Narrative and Financial Number of Scheduled Progress Report Due Reports Due Jurisdiction Performance Period Dates 1 09/15/2008 -12/31 /2008 1/20/2009 2 01/01/2009- 03/31/2009 4/20/2009 3 04/01/2009- 06/30/2009 7/20/P009 4 07/01/2009-09/30/2009 10/20/2009 5 10/01/2009- 12/31/2009 1/20/2010 6 01/01/2010-03/31/2010 4/20/2010 7 04/01/2010-06/30 /2010 7/20/2010 Invoices with progress reports will be submitted to DHS &EM by the due date as specified in the above schedule. Should the grant period be extended for any reason, a modified report schedule will accompany the award amendment. X:\Staff Support \ GRANTS SUPP0RT2007 GrantslPSIC\PSIC Award Docs1Award Leiter and Grow dn, We certify that we have read and understand the Grant Terms and Conditions, and the Grant Requirements, Assurances and Agreements, in accordance with this award. Staff Support \GRANTS SUPPORT12007 Grants \PSICTSIC Aw»r,t n.....n Project Manager's Signature Chief Financial Ofticer's Signature Signatory OffIcIai's Signature (G) The Kodiak Island Borough certifies that it has an Affirmative Action Plan /Equal Employment Opportunity federal grants). An EEOP is not required for recipients of less than $25,000 or fewer than 50 employees P /an (EEOP) (for (H) The Kodiak Island Borough certifies that its employees are eligible to work in the U.S. as verified by Form I -9, Immigration and Naturalization Service Employment Eligibility. (I) It is the responsibility of the Kodiak Island Borough as the recipient of these federal funds to fully understand and comply with the requirements of (where applicable): a. OMB Circular A -102, Grants and Cooperative Agreements with State and Local Governments at w�!w &hltehoSss aov /omb /cfrcnlarS /indeL htmi b. OMB Circular A -87 o; uPrincip /es for State, Local and Indian Tribal Governments at c. OMB Circular A -110 Uniform Administrativ ve Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations at www.whit ho ,a 4 d. OMB Circular A -21 Cost Principles for Educational Institutions at www.whi °v /omb/ irc lays /index html e. OMB Circular A -122 Cost Principles for Non - Profit Organizations at w 4 use aov /omb /cir t fare /ind x html f. OMB Circular A -13 Audits of States, Local Governments and Non -Prof Organizations at omb/ it trl rc /inria h m www whi aov /om r� b/citll . index hticl g. 48 CFR, Federal Acquisition Regulations Systems Chapter 1 Part 31 Contract Cost Principles and Procedures h. OMB Common Rule: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Incorporated into individual federal agency's Code of Federal Regulations. i. 28 CFR Part 23, Criminal Intelligence System Operating Policies j. Alaska State Procurement Code AS 36.30, AS -.030. wAturatgak ja ik x wz oisiagaszearthzdasztiQcsas k. Alaska Administrative Code Title 2 Chapter 12, 2 AAC 12.74. I. Alaska Administrative Manual leols tat av �t�/i bifolioisa d1► / m. 44 CFR, Emergency Managem lAssistance ate a-- Hof /ak admen menu I /aam tnr ;cr, (3) Special Conditions: The Kodiak Island Borough shall be familiar with the requirements and restrictions of the 2007 Public Safety Interoperable Communications Grant Guidance and U.S. Department of Homeland Security, Grant Programs Directorate Information Bulletin No. 271 December 05, 2007. Failure to meet Federal, State, and local Environmental Historic Preservation (EHP) requirements and obtain permits may jeopardize current and future Federal funding. • Aug 26, 2008 Kodiak Island Borough Reported Category = ALL. Reported Revision = 0 of 0. Expense Disci- PBD# PBD# PBD# Category Solution Area Aka Qty Budgeted Cost Amt Spent Balance 1 •Equipment PSC 43 $26,800.00 $26,800.00 Description Description Item: !Portable Radio Upgrades 2 ;Equipment PSC r 25 $41,720.00: $41,720.00 Item: Mobile Radios • 3 [Equipment 1 i PSC $1,800.001 • $1,800.00 Item: Radio Intallation and Programming e scription Adjusted Grant Award $70,320.00 Total Allocated $70,320.00 Remaining Budget Allocation 1 $0.00 Project Budget Details Report 2007 Public Safety Interoperable Communications / PSIC Total Allocations: $70,320.00 Total Expenses: I Summary Balance: I $70,320.00 1 Signatory Authority Form Grant Program: Agreement Number I Date Prepared / Effective Date Name of Applicant (Jurisdiction) :] Tax ID #: Project Manager Name Individual who will manage project Project Manager Address City, State Zip Project Manager Telephone Project Manager Fax Project Manager Email Chief Financial Officer Name Highest level financial officer, authorized to certify financial expenditures and records _ Chief Financial Officer Address City, State Zip Chief Financial Officer Telephone Chief Financial Officer Fax Chief Financial Officer Email Signatory Official Name Jurisdiction 's Chief Executive Governing Official Signatory Official Address City, State Zip Signatory Official Telephone Signatory Official Fax Signatory Official Email Project Manager Chief Financial Officer Signatory Official Signatory Information Project Manager Chief Financial Officer, and Signatory Official must be three (3) different ' ndividuals. Primary Signatories: Grant .I N ard/ and Quarterly Grant Reports Signatures ** * *Signature required by each of the above named individuals. Primary Signatory Primary Signatory Primary Signatory Primary Delegations: Quarterly Financial and Narrative Grant Reports (only) Primary Delegate Primary Delegate Primary Delegate Secondary Delegations: Quarterly Financial and Narrative Grant Reports (only) Secondary Delegate Secondary Delegate Secondary Delegate X:1SIat1_Sgidtt;NANI S 'U T Gnnis Adorn Uoc{tirvd FomuSgntory Autivrify FOlmAot Subgrantee /Jurisdiction Signatory Authority The grant Obligating Award Document requires the identification of three (3) separate individuals and their positions; Project Manager, Chief Financial Officer, and Signatory Official and original signatures from the Project Manager, Chief Financial Officer and the Signatory Official. The signatory official's shall be: • Project Manager; The individual that has the overall responsibility for implementation of the grant project(s). • Chief Financial Officer; The individual that has final fiscal responsibility and authority for the jurisdiction. (Examples: Financial Officer, Controller, Comptroller, Finance Chief, Financial Manager, etc.) • Signatory Official; The individual that has final executive authority and responsibility for the jurisdiction. (Examples; Mayor, City Manager) The signatory officials on the Obligating Award Document and amendments can not be delegated. Changes to these individuals may require an amendment to the original document. Both the Narrative and Financial Progress Reports require two (2) signatures to ensure appropriate responsibility and accountability for project activities and expenditures. Required signatures on the Narrative Progress Report: • Project Manager • Signatory Official Required signatures on the Financial Progress Report • Project Manager • Chief Financial Officer The Chief Financial Officer, Signatory Official, and the Project Manager may delegate signature authority to another individual(s) (delegate) for the Narrative and Financial Progress Reports only. The jurisdiction must submit the Signatory Authority Form upon acceptance of the Obligating Award Document. No changes to this document will be accepted without prior written request and approval from DHS &EM. The jurisdiction must be in compliance with the following: • The delegate(s) for the Chief Financial Officer or the Signatory Official cannot be the Project Manager nor can the delegate(s) be subordinate to the Project Manager. • DHS &EM will maintain a copy of the delegation request on file and will apply it to the appropriate grant report. If the delegation letter is not on file, the report will be returned to the jurisdiction. • DHS &EM reserves the right to accept and authorize the delegation of signatory authority for all grants identified for that jurisdiction. X.fSMR_SuppOd GRANTS SUPPORVG,crb AdmM Docearant Fo ms Slprrlpy Autho. y Fo m Aoo Obligating Award Document Quarterly Progress Reports Delegation of Signatory Authority August 2006 NOTICE OF INTENT TO ACCEPT GRANT AWARD State Grant No: Department of Military and Veterans Affairs Division of Homeland Security and Emergency Management P.O. Box 5750 Fort Richardson, Alaska 99505 -5750 www.ak- re ared.com/ rants.htm This is notice of the intent to accept the (Jurisdiction Name) Grant. Before this award can be accepted, approval must be garnered through our local government. The requirement for this process is located in the following local government document - # (Document name or number) citation This process will take longer than the 30 -day period of acceptance setforth (If applicable) within this grant award. We request a day extension of the acceptance period to seek proper (# of days) approval. It is understood if we are unable to obtain acceptance by the extension date the grant award will be rescended. If approved, you will receive written notification within five working days. Property and Equipment Inventory Reports Federal Code of Regulations 44 CFR, Emergency Management and Assistance Alaska Division of Homeland Security and Emergency Management Equipment Management and Disposition Policy Overview According to federal guidelines and regulations, subgrantees are required to be prudent in the acquisition and management of property acquired with Federal funds. Subgrantees must assure an effective system for property management exists; this assurance is signed for on the award agreement with the Division of Homeland Security and Emergency Management (DHS &EM). A subgrantee must submit a description of its property management system, either in its grant application or when otherwise requested by DHS &EM. If the subgrantee does not employ an adequate property management system, project costs association with the acquisition of the property may be disallowed. Definition Equipment - tangible, non - expendable property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Example: Radio Base - station with a per unit value of $6,500, quantity 2, with a cumulative acquisition price of $13,000 needs to be inventoried and reported as two separate items. Management Requirements from 44 CFR Part 13.32 1. Maintain Accurate Property and Equipment Records. Property records shall include: a. Description of the property (Include make and model ) b. Manufacturer's serial number or other identification number c. Vendor (Source of the property) d. Acquisition date e. Cost of the property f. Percentage of Federal participation in the cost of the property g. Location of the equipment h. Condition of the equipment as of the date the information is reported i. Disposition data: Date of disposal and sale price 2. Conduct a Physical Equipment Inventory. DHS &EM's policy requires the subgrantee to conduct the inventory annually. Any discrepancies must be investigated to determine the cause. The jurisdiction shall submit its initial physical equipment inventory report to DHS &EM by January 20 in the first year of the award performance period, on a spreadsheet provided with the grant award agreement. In subsequent years, DHS &EM will distribute to each subgrantee a copy of its last physical equipment inventory report for subgrantee reconciliation and update. The reconciled and updated report shall be submitted to DHS &EM by January 20 each year until disposition of the property occurs. Thus, physical equipment inventory reports are required beyond the performance period of the grant agreement, continuing to the end of the equipment life cycle. X16Wr Sµgon1GRANTS SUPPORT On,nb AOmin Doc. Gmd FomslPmpany and EquipmenflPioperly and Equipmml Inwrbry Ropml IngnR,lio s.doc Rev. June 2008 �J Ui I�ll II.0 V I I f Date of Report Date physical inventory conducted [e� r� _� I d ZI 61 PROPERTY AND EQUiPMENT INVENTORY REPOf2T Seria1 ft � VtndO[ -��i--- --- � - �� - ----I- ----�---- -- - , �Zi i — _. --t _ 13� � -- i _ l4 _.. ._. . i i � � `� I 16� I .—�-- __ _.. _ f ... - _, _ 17� _— '. _"__�_ I 1 --�- _. ------ � ; .f 19i .. ... __ -�- --{ I I ....Z��__ _ __. � � ___: � -r-- , ___ _z�� _ __ _ � _� , - �� � � __ _ _� , _ �,. _ --- ----� - - ZS __ _ i � htip-lMw.v ak-prepa�rMwrC_AOCSIProperty Inventory Report Fortn *b Acqoiskion i Uult A[9 I '/. Fed Datc Cort 1 P�rt i ;. _ �... I Coodidoo LOCaR00 (N�New. (�rCoo4 � __ � —_� � � f � Submitted by Individual submitting repoR , + —��-- — ' � , i + i. , - � : � a � — —--.. _ _... ._._ �.._'."' _ _�-_ " �_ -. - - - � , �_ ._ �-- --j--- - --- �-- ---I--- ; - ------ i - - - � � � � --+---- ; ---- -- . � � - --- - - ;- __ -._ _ � � � -�- , � � TITLE: Assembly Appointment to the Personnel Advisory Board. SUMMARY: There is one applicant on the Personnel Advisory Board Veralyn Lynn Bash. Ms. Bash submitted her application on September 12, 2008. Per Section 203 of the Personnel Manual: The Borough Assembly shall appoint a Personnel Board consisting of five (5) members. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough, and their own recommendations. Ms. Bash's application was sent to all Borough employees by email. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT SCANNED OCTOBER 16, 2008 REGULAR MEETING Date $ign:/ ITEM NO: 13.D.2 RECOMMENDED MOTION: Move to confirm the appointment of Veralyn Lynn Bash to the Personnel Advisory Board for a term to expire 2010. Name Term Susan Eoff 1254 Sargent Creek Road Kodiak, AK 99615 Susan Killary 1320 Madsen Avenue Kodiak, AK 99615 William "Bill" King 2008 486 -4567 487 -4382 theKings©gci.net 285 Lilly Drive, Unit A Kodiak, AK 99615 Brenda M. Zawacki 2008 487 -4986 486 -9558 Brenda.Zawacki©providence.org P.O. Box 8662 Kodiak, AK 99615 acant 2010 Sta Lauri Whiddon, HR Officer /Executive Assistant Revision date: 2/19//08 Revised by: mlm KODIAK ISLAND BOROUGH Home Phone Work Phone Email 2009 487 -2301 486 -8111 2010 486 -2869 481 -2422 eoff @alaska.net skillary(a�provak.orq 486 -9301 Iwhiddon @kodiakak.us Nova Javier F support @civicplus.com Friday, September 12, 2008 7:10 PM Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for :: Personnel Advisory Board Name:: Veralyn Lynn Bash Sex:: Female Home Address:: 3117 Monashka Bay Rd. r' r . Home Phone Number:: 486 -6807 Mailing Address:: 3117 Monashka Bay Rd. Kodiak, Ak. 99615 Business Phone Number:: 486 -6807 Occupation:: Retired Kodiak Postmaster Email Address:: bashland(0hotmail.com 41;th of Residency in Kodiak:: 11 Years Are you a registered voter:: Yes High School:: Lindsborg KS Rural High School College:: Marymount College, Salina KS Trade or Business School:: Brown Mackie Business School Hobbies:: Stamp collecting, Volunteer Work Are you currently serving on other Boards, Commissions, or Committees ?: Yes If yes, which:: American Legion Auxiliary, Department of Alaska, 2nd Vice President and Membership Chairman. Have you served on a Board, Commission, or Committee before ?: Yes If yes, which:: Veteran Organizations, State Level Officer Please list organization memberships and positions held :: VFW, Life Member; American Legion, 23 year member /officer; PTA; National Legal Secretary Assn: Paralegal Officer; National Assn. of Postmasters, Officer and member for 11 years; National Assn of Postal Supervisors, 10 years; APWU member 10 years. ase List Areas of Special Interest: As a retired Postmaster, I have worked in the Federal Government for 33 years. I have dealt with APWU, NALC, and MH Unions and grievance procedures. I have been totally involved in the personnel process my entire life. I know 1 that I am totally qualified to hold a position on this board. If further information is required, please advise. Please Enter Basic Resume Information Below: Pleae refer to above. If further information is required, please advise. Additional Information: Form submitted on: 9/12/2008 7:09:30 PM Submitted from IP Address: 65.74.91.102 Form Address: http:// www .kodiakak.us /forms.asp ?FID =72 (,44( 2 •r APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT OCTOBER 16, 2008 REGULAR MEETING SCANNED Date/AtsignA_A_ ITEM NO: 13.D.3 TITLE: Confirmation of Mayoral Appointment to the Parks and Recreation Committee. SUMMARY: There is currently one seat vacant on the Parks and Recreation Committee which is to expire December 2008. One application was received from Rick Lindholm. RECOMMENDED MOTION: Move to confirm the mayoral appointment of Rick Lindholm to a seat to expire December 31, 2008. Name Lori Demi 10928 Bells Flats Road Kodiak, AK 99615 Pam Foreman, Vice Chair 1637 Three Sisters Way Kodiak, AK 99615 Kevin Foster PO Box 3693 Kodiak, AK 99615 Jeff Huntley 1015 Pine Crescent Kodiak, AK 99615 Patrick Saltonstall P.O. Box 3553 Kodiak, AK 99615 Andy Schroeder P.O. Box 301 Kodiak, AK 99615 Revision date: 8/26/08 Ravicai hv• ik KODIAK ISLAND BOROUGH Term Home Phone Work Phone 2010 487 -2988 486 -9365 2010 2008 2008 486 -2588 486 -0283 486 -5557 Email lori.demi@acsalaska.net pam @kodiak.org saltrycove @yahoo.com 2009 486 -4013 486 -7620 mhuntley @ptialaska.net 2009 486 -2634 486 -7004 pgsalton @gci.net 2010 481 -1121 539 -1979 aschroeder @gci.net Mike Sirofchuck, Chair 2008 486 -6498 rakenscrape @hotmail.corr PO Box 970 Kodiak, AK 99615 Hans Tschersich 2009 486 -5648 486 -9521 xrayhans @yahoo.com 1423 Baranof St. Kodiak, AK 99615 Chris Lynch (Assembly Rep, non - voting) 486 -6187 chrislynch @acsalaska.net 11175 Lake Orbin Drive Kodiak, AK 99615 Kevin Murphy (State Rep, non - voting) 486 -4688 486 -6352 kevin.murphy @alaska.gov 1400 Abercrombie Drive Kodiak, AK 99615 Ian Fulp (City Parks & Rec, non - voting) 486 -8670 ifulp @city.kodiak.ak.us 410 Cedar St Kodiak, AK 99615 Peggy Rauwolf (School Brd Rep., non - voting) 486 -8812 prauwolf(a cici.com 3571 Patrick Court Kodiak, AK 99615 Staff: Bud Cassidy, Community Development Director Duane Dvorak, Community Development Assoc. Planner /LRP Sheila Smith, Community Development Secretary 486 -9360 bcassidy @kodiakak.us 486 -9362 ddvorak @kodiakak.us 486 -9363 ssmith @kodiakak.us 1 NAME: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier @kib.co.kodiak.ak.us HOME PHONE: 0c (,2 77 WORK : � ft/11 E -MAIL: G C'/, rn STREET ADDRESS: 0 L c i J MAILING ADDRESS: /o. />� Y2 L LENGTH OF RESIDENCE IN KODIAK: oqSyn IN ALASKA: ,ZJJf ,pr_ ARE YOU A REGISTERED VOTER IN KODIAK? YES (j4 NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (j3' NO ()/ COMMUNITY ACTIVITIES: (cos E Cc,,,, „. (, <, aTt c Av der ,ne"/ GynAi c, fpecta (9/77/9/ Cr PROFESSIONAL ACTIVITIES: BOARD APPLICATION ''atoll C0l►i!bt AREA OF EXPERTISE AND /OR EDUCATION: . I / I AM INTERESTED INSERVING ON TH FOLLOWING BOARD(S) (List in order of preference) L , 4 1. Cc/ A r C7 C' t/6-) /-/ 2. i 3. Signature 1 Voter ID No Verified By: 031 to o 2 3 Applicant's Residence; Borough ( ) City V/ Date Appointed: Tenn Expires on: Comments: - STAFF USE ONLY - Documentation: Appointment Letter: Roster. Oath of Office: Financial Disclosure: A resume or letter of interest may be attached, but is not required. This application will be kept o one yea?. Please retum the application by the advertised deadline. • se Meeting Started: 7:00 p.m. Monashka Bay Road Service Area KIB Conference Room March 11, 2008 Roll Call: - Present are; Randy Spivey, Chaz Glagolich, Darlene Turner, Jim McCullough and Drew DeVries. Minutes: Jim McCullough moves to accept minutes for February 26, 2008. Randy seconds motion. Approved unanimously. Public Comments: Judy Dowell called in a good report on what the board has been doing. She stated that with the new contractor the roads haven't looked better. And she has lived there since 1989. Also she is wondering about a piece of equipment that seems abandoned on her property by the pond. She has been advised to talk to the Thummels. Skip Gish called in to state that since the new culvert was put in on top of Mountain View, snow and ice is being pushed up to the top of the cul-de -sac. He has been advised that new practices have been established where the snow is now pushed from the top down. Tom Lance expressed his support for the good work of the board and has volunteered to help with advice on seeds when hydro seeding is about to take place. Old Business: a. Budget FY 2008 -2009 is proposed as follows Personnel Services 600. Snow Removal/Sanding 19,000. Repairs & Maintenance 20,000. Grading/Ditching 5,000. Support Goods & Services 200. Total 44,800. Total Revenue 45,482 Chaz makes motion to accept budget as proposed for FY 2008 -2009 Discussion: We need to hold the contractor to the $20,000 in Repairs & Maintenance. And the Borough has told him that bills need to be filed within the month of service. Also, there was a miscalculation in Ditching last year. This category was under charged by approximately $6,000 and placed into Repairs. We need to hold true to each category. The proposed Budget is almost one thousand dollars over last year's proposed budget and will only work if we stick to the line items. Because of billing issues we have spent $51,508.90 so far this year. And we will need to amend FY 08's budget. Monies are also to be collected from culverts that were put in. 1 SCANNED Date %Sign. Vote is unanimous. Motion passes. b. Assignment of Spring Task- On May 15 at 6 pm, we plan to meet on the top of Mt. View and walk down through Three Sisters. And then on May 21' at 6 pm, we will meet at the top of Marmot for the finish up. Anyone with concerns about our road is free to contact us at any reasonable time or join us on the walk - about, as this is a great opportunity to help us help you. c. Road Maintenance Work Plan FY 09 — First on our priority list is ditching and culvert on the three roads off Marmot (Ridge Circle, Island Circle, and Harbor Way). Next, Hydro Seeding needs to be done after years of aggressive ditching. And if funding is still available - Marmot's guard rail needs fixing and four culverts need to be installed on Three Sister's (St. Denny, McNeil, Murray and Thummel). We shall also look at Fox's and DeHart's access. d. Amend Budget for Snow Removal FY 08- Because bills from last year didn't reach us until February, we went over budget on-Repairs & Maintenance by $ 17,685.52. Although, it is possible that monies from Grading/Ditching were not properly cataloged. We are over budget by approximately $6,300, and still have 5 months left in the budget cycle. Randy makes motion to move $19,000 from reserves into 2007- 2008's Budget. Jim seconds motion. Discussion: We feel that we have no other alternative. This would leave close to $13,500 left in reserves. We have heard nothing but positive reports about our new contractor. And he has relayed to us that the bills will be posted in a timely manner from now on. This last year, we accomplished: ditching/brushing and culverts were placed throughout Marmot, on top of Mt. View, Spruce Cir., and on Devil's Prong. Also,.at the foot of Pat Jacobson's house on Marmot, a potential hazard was averted. Debris was removed from last years run off and guard rails were installed on Three Sister's and Marmot. And signs announcing Road Board Meetings, Streets, Speed Limit, and Children at Play were made. We must amend the FY -08 budget from the reserves to pay for the maintenance and for an estimate of another five thousand dollars for snow removal/sanding to finish off this winter. If monies are not used, then they will go back into the reserves which are at $32,500. The fiscal year ends the last day of June. We speculate Borough Property Tax Revision in the coming years will help us recover and see the reserves at twice the operational budget for emergencies, before we reduce the mill rate. Our ultimate goal is getting the roads in the Service District up to Borough Code. 2 Vote is unanimous. Motion passes. New Business: a. Regular Meetings are scheduled for June 11 September 17 and November 19t Everyone is to check to make these days are clear so we can make reservations at Bayside Fire Station and if we need work session or anything else, we will play that by ear. 3 b. Election of Officers; Chaz make motion to elect to officers as follows; Darlene — President, Randy —Vice President, Drew — Secretary/Treasurer. Jim seconds motion. Vote is unanimous. Motion passes. Board Comments: Chaz Glagolich reiterates that bill for the culvert that we put in needs to be billed out as soon as possible. You never know about new land owner and other circumstances. Randy Spivey is concerned that the borough should have his number in case of Darlene's absence. Also, he needs emergency call out numbers himself. Jim McCullough has nothing to add. Drew DeVries states that this is a good time to look at the roads and existing problems. We might not be able to see the channels of run off and ice build up issues on our walk around in May like we would now. So he suggests everyone do a look and see, on their own. Also, he feels that our residents need to know what projects we have pending and the work that is proposed. Especially, at the end of their own driveways. So he suggests that this is a good time to contact the residents directly affected. And he thanks Lance for his public attendance. Darlene Tumer wants to officially welcome Jim to the board. She values his expertise and states that we all look forward to working with him. She also states that she couldn't be happier with the contractor. Adjournment: 8:05 p.m. D lene Tur Date President onashka Bay Road Service Area Drew DeVries Date Secretary/ Treasurer 9e5' Program Description: Program Budget Summary Monashka Bay Road Service District Monashka Bay Road Service District is responsible for the road maintenance in the service area. Goal: To maintain, repair, and provide snow removal for roads in the Monashka Bay Road Service Area. Objectives for 2008 - 2009 FY Road Maintenance Work Plan FY 09 — First on our priority list is ditching and culvert on the three roads off Marmot (Ridge Circle, Island Circle, and Harbor Way). Next, Hydro Seeding needs to be.done after years of aggressive ditching. And if funding is still available - Marmot's guard rail needs fixing and four culverts need to be installed on Three Sister's (St. Denny, McNeil, Murray and Thummel). We shall also look at Fox's and DeHart's access and finishing up hanging and fixing signs. Significant Budget Changes: We plan to stay within two thousand dollars of last year's propose budget. Previous Year Accomplishments: (FY 2008) This last year, we accomplished: ditching/brushing, culverts were placed throughout Marmot, on top of Mt. View, Spruce Cir., and on Devil's Prong. Also, at the foot of Pat Jacobson's house on Marmot, Debris was removed from last years run off and guard rails were installed on Three Sister's and Marmot. Street signs were purchased for the following: announcing Road Board Meetings; Streets; Speed Limit; and Children at Play. Budget for FY 2008 -2009 was voted in as follows: Personnel Services 600. Snow Removal/Sanding 19,000. Repairs & Maintenance 20,000. Grading/Ditching 5,000. Support Goods & Services 200. Total 44,800. Total Revenue 45,482 4 Commissioner Present Absent Excused Others Present Mr. King X Duane Dvorak Mr. Watkins X Community Development Ms. Janz X Sheila Smith Mr. Kersch X Community Development Mr. Juenger X Bud Cassidy Mr. Purdy X Community Development Ms. Harrington X July i6, 2008 CALL TO ORDER CHAIR KING calls to order the July 16, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL A quorum was established. COMMISSIONER HARRINGTON MOVED TO EXCUSE COMMISSIONER JANZ and COMMISSIONER KERSCH. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA Kodiak Island Borough i SEP Planning & Zoning Comm scion Meeting Minutes P Regular Meeting SCANNED, Sign/ Assembly Chambers COMMISSIONER WATKINS MOVED TO APPROVE the agenda. The motion was SECONDED by COMMISSIONER JUENGER and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER HARRINGTON MOVED TO APPROVE the June 18, 2008 Planning & Zoning minutes as submitted. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case 08 -028. Request a Similar Use Determination, according to KIBC 17.03.090 Similar Uses, to allow a Cultural Heritage Center as a permitted use in the R2 -Two Family Residential zone which is a use similar in character and impact to a permitted Church use. Dvorak gave a staff report. Commission discussion COMMISSIONER JUENGER MOVED to determine, according to 17.03.090 Similar Uses, to allow a Cultural Heritage Center as a permitted use in the R -2 Two Family Residential Zone as a use similar in character and impact to a permitted Church use, and to adopt the Findings of Fact P&Z Meeting Minutes July i6, 2008 Page 1 of 6 contained in the staff report dated June 26, 2008 as "Findings of Fact' for Case No. 08 -028. The motion was SECONDED by COMMISSIONER WATKINS. Close regular meeting: Open public hearing: Trevor Jones, agent spoke in support of this request. Close public hearing: Open regular meeting: COMMISSIONER PURDY asked Jones if there will be any commercial activities. Jones stated we do allow other groups to utilize the pavilion and do community functions. He said we see it as providing a community service, and it's not part of our plan to generate funds. Jones said we currently allow use of the pavilion facility 4 — 6 times a year at $250. CHAIR KING asked Jones if they currently hold school at the Baptist Mission. Jones said we have both preschool programs and after school programs. COMMISSIONER JUENGER asked Jones if there has been a traffic study of any type done. Jones stated the architects have worked hard on analyzing the parking not only around the building but the parking throughout the whole mission. They are confident of what is being proposed is quite adequate. COMMISSIONER HARRINGTON asked if the parking requirements exceed the code requirements. Jones stated he doesn't know if they exceed or just make it but the architects are comfortable with the parking plan in place. COMMISSIONER JUENGER asked if there is access from Mission Road. Jones stated there is access from Mission Road and Rezanof Drive, and there are also utilities there. COMMISSIONER JUENGER asked if in its entirety this is additional to what is existing on the site plan. Jones stated there are some existing facilities on the site plan, the pavilion. COMMISSIONER WATKINS asked if there was any discussion with the board about defining this as its own lot within the Mission property. Jones stated no, 2 days ago is the first time this was suggested, and this is the first opportunity he's had to respond in any way to staffrecommendations. COMMISSIONER HARRINGTON stated the applicant raises an interesting point that the rest of the complex and the way it's zoned while it is relevant, it is a good point that if we find this is a similar use and it would be allowed in R2 zoning of that portion of land. Regardless of any concerns that staff may have about the complex just on the merits of the zoning and if we think it's a similar use then there wouldn't be any reason of denying it. COMMISSIONER PURDY asked if there are lodging facilities inside of this. Jones replied no. PRtZ Meeting Minutes July i6, 2008 Page 2 of 6 CHAIR KING stated we just adopted Findings of Fact that don't match the motion. Dvorak stated to make another motion to amend the findings and then develop findings that epitomize the reasoning behind the votes. If you develop findings this evening and amend the findings you just adopted then the appeal period would begin tomorrow and we would be in a position to issue a permit sooner. COMMISSIONER PURDY MOVED to defer making an amendment for new Findings of Fact in Case No. 08 -028 until the end of the meeting. The motion was SECONDED by COMMISSIONER WATKINS, and it CARRIED 5 -0. B. 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. Dvorak gave a staff report and passed the site plan around to the commissioners. COMMISSIONER HARRINGTON MOVED to grant a Variance, according to KIBC 17.66.010, to allow a ten (10) foot encroachment into the required twenty -five (25) foot front yard setback, per KIBC 17.18.050 A; and to adopt the findings of fact in the staff report dated June 26, 2008, as "Findings of Fact" for case 08 -024. The motion was SECONDED by COMMISSIONER WATKINS. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion. COMMISSIONER HARRINGTON said generally you aren't planning on increasing any programmatic offerings significantly so much as using your space in a different kind of way. Jones stated yes. The question was called, and it CARRIED 4 - 1. The No vote was COMMISSIONER JUENGER. FINDINGS OF FACT 17.66.050 A.1. Exc ptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to otherproperties in the same land use district. This lot is constrained by exceptional physical conditions, which generally do not apply to the majority of other properties in the same land use district. The steep cliff in the rear of the lot severely constrains the property owner's options in locating the proposed residence on the remainder portion of the lot. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. P&Z Meeting Minutes July 16, 2008 Page 3 of 6 Granting the variance will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare. The proposed project would not infringe upon, or into, abutting properties, nor be of such magnitude that the overall volume of the project would constitute a detriment to neighborhood characteristics. The new residence will be connected to municipal water and sewer systems. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site specific standards such as setbacks. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The intent of the KIB variance standards, and the applicable Alaska Statutes which form their basis, is to require the adjudication of variance requests before the property owner undertakes construction activity and makes significant investments. In this case, the petitioner has recognized site specific limitations and has acted with prudence in requesting a variance prior to making any unrecoverable investment. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of this variance will not permit a prohibited land use in this district. The question was called and it CARRIED 5 -0. A. Case 08 -028. Amending the Findings of Fact was deferred until the end of the public hearings. A brief discussion of the re- wording of the findings. COMMISSIONER WATKINS MOVED to adopt the findings of fact for Case 08 -028 - 1. The petitioner currently occupies a tract of land encompassing 12.72 acres, more or less. 2. The tract of land currently supports multiple uses. 4. The proposed land uses are consistent with those allowed in the current zoning and are similar in character and impact to the current uses. 5. Although the situation of mixed use and zoning is not generally compatible with good land use practices, the facility proposed has benefit to the community and youth of the mission. COMMISSIONER HARRINGTON SECONDED the motion. COMMISSIONER HARRINGTON MOVED TO AMEND the main motion so that it is a motion to amend the findings of fact rather than adopt the findings of fact. The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT 1. The petitioner currently occupies a tract of land encompassing 12.72 acres, more or less. 2. The tract of land currently supports multiple uses. 3. Tract of land is zoned Urban Neighborhood Commercial and R2 -Two Family Residential. 4. The proposed land uses are consistent with those allowed in the current zoning and are similar in character and impact to the current uses. 5. Although the situation of mixed use and zoning is not generally compatible with good land use practices, the facility proposed has benefit to the community and youth of the mission. The question was called on the amended motion and it CARRIED 5 -0. P&Z Meeting Minutes July i6, 2008 Page 4 of 6 The question was called on the main motion and it CARRIED 5 -0. OLD BUSINESS There is no old business NEW BUSINESS There is no new business COMMUNICATIONS There are no communications REPORTS A. Meeting Schedule: • August 13, 2008 work session at 7:30pm in the KIB Conference Room. • August 20, 2008 regular meeting at 7:30pm in the Assembly Chambers. B. Minutes of Other Meetings • March 11, 2008 Parks & Recreation Committee Meeting Minutes • March 25, 2008 Parks & Recreation Committee Meeting Minutes Dvorak gave a staff report. COMMISSIONER WATKINS MOVED to accept reports as presented. The motion was SECONDED by COMMISSIONER PURDY and CARRIED by unanimous voice vote. Dvorak also stated on tomorrow night's Assembly meeting agenda there are 3 cases: the Berg rezone, the Womens Bay Russian Creek rezone, and the introduction of the Coastal Management Plan Amendment. The Maschmedt rezone has also been elevated to the Assembly level and will be introduced in August. The commission should think about participating in this process so the commission's recommendation is represented. CHAIR KING stated he attended a Parks & Recreation Committee meeting a couple of weeks ago and he feels everyone should do that occasionally. AUDIENCE COMMENTS There were no audience comments COMMISSIONER'S COMMENTS COMMISSIONER HARRINGTON said she applauds the mission for their projects. She's also been doing research into bicycle friendly city designation and she would like the commission to consider making a formal recommendation at a later date to the Borough to formalize a commitment to include cycling in transportation and development planning. Harrington also said the Public Library has entered into a memorandum of understanding with the City of Kodiak that outlines the development path. COMMISSIONER JUENGER said he's excited for the Kodiak Baptist Mission. COMMISSIONER PURDY said he attended the meeting regarding the future plans of waste management and also the meeting on the airport. He also encourages everyone to find out about both. He also thanked the CHAIR KING for being here tonight. C hoi COMMISSIONER HARRINGTON stated she will be at the work session but not the regular meeting. P&Z Meeting Minutes July i6, 2008 Page 5 of 6 COMMISSIONER JUENGER stated he will not be at the work session but he will be at the regular meeting. CHAIR KING asked if the by -laws have been ratified. ADJOURNMENT COMMISSIONER HARRINGTON MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. ATTEST By: L p r x ;Irn a Sheila Smith, Secretary Community Development Department DATE APPROVED: August 20, 2008 KODIAK ISLAND BOROUGH PLA G AND ZONING C MMISSION By: dt Dave King PREZ Meeting Minutes July i6, 2008 Page 6 of 6 Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy, Director Mr. Watkins X Community Development Ms. Janz X Sheila Smith, Secretary Mr. Kersch X Community Development Mr. Juenger X Mr. Purdy X Ms. Harrington X August 20, 2008 C5Si A9 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISS MEETING MINUTES in) i; : JN SEP 1 008 Regular Meeting mbly Chambers CALL TO ORDER Chair King calls to order the August 20, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL A quorum was established. COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONERS JUENGER and HARRINGTON. COMMISSIONER JANZ SECONDED the motion and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED to approve the agenda. The motion was SECONDED by COMMISSIONER JANZ and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the July 16, 2008 Planning & Zoning Minutes. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. PUBLIC HEARINGS A. Case S09 -001. Request preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 2B and 2C, Block 1, Bells Flats Alaska Subdivision creating Lots 2B -1 and 2C -1, Block 1, Bells Flats Alaska Subdivision; and, preliminary approval of the vacation of a 20 -foot wide utility easement, according to KIBC 16.60, which is centered over the lot line for existing Lot 2B. The applicant is Mark Levenson. The location is 11914 & 11876 Middle Bay Drive, Bells Flats, and the zoning is RR1 -Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER JANZ MOVED to grant preliminary approval according to KIBC 16.40, of a replat of Lots 2B and 2 C, Block 1, Bells Flats Alaska Subdivision into Lots 2B -1 and 2C -1, P&Z Minutes August 20, 2008 Page 1 of 5 Block 1, Bells Flats Alaska Subdivision. The motion was SECONDED by COMMISSIONER PURDY. The question was called, and it CARRIED 5 -0. COMMISSIONER JANZ MOVED to grant approval of a vacation of a 20 foot wide utility easement, according to KIBC 19.60.060, subject to review and approval by the Borough Assembly at their next meeting. The motion was SECONDED by COMMISSIONER WATKINS. The question was called and it CARRIED 5 -0. B. Case S09 -002. Request preliminary approval, according to KIBC 16.60, of the vacation of a 10 -foot portion of a utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, 1 Addition, per the submitted sketch plan. The applicant is John Klemzak. The location is 309 Bay Circle and it is zoned is RR1 -Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 20 -foot portion of an undeveloped utility easement along the side lot line of Lot 13, Woodland Acres Subdivision, 1st Addition, as shown on the attached sketch map submitted by the petitioner with this request, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated August 11, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER JANZ. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to final 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 meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. The question was called and it CARRIED 5 -0. C. Case S09 -004. Request preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Hillcrest Drive right -of -way to be incorporated into the adjoining Lot 10, Alder- Natalia Subdivision per the submitted sketch plan. The applicant is Alicia Drabek, and the agent is Tony Drabek. The location is 107 Natalia Way and it is zoned R3 -Multi Family Residential. Cassidy gave a brief staff report. COMMISSIONER PURDY MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 15 -foot portion of the Hillcrest Drive right -of -way as shown on the attached map /as -built survey submitted with this request, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated August 11, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER WATKINS. Tony Drabek, agent, spoke in support of this request. P&Z Minutes August 20, 2008 Page 2 of 5 During discussion, it was the consensus that it is unbuildable land. CONDITIONS OF APPROVAL 1. The vacation must be forwarded to the City of Kodiak Council for review prior to final 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 meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for vacation does not unduly diminish the public's interests. 3. This request for vacation does not unduly prejudice surrounding private property interests. The question was called and it CARRIED 5 -0. D. Case 09 -001. Request a Variance, according to KIBC 17.66, to allow an 8 -foot variance from KIBC 17.57.080.F.1 which would allow a 40 -foot wide driveway to serve Commercial Tract 1 of Tract S -5A -1, and other abutting and adjoining lots in the Mill Bay Plaza Complex, when a 32 foot wide driveway is the maximum width permitted by code. The applicant is Mill Bay Plaza, and the agent is Bob Brodie. The location is 2675 Mill Bay Road and it is zoned B- Business. Cassidy gave a brief staff report. • COMMISSIONER JANZ MOVED to grant A Variance, according to KIBC 17.66, to allow an 8 -foot variance from KIBC 17.57.080.F.1 which would allow a 40 -foot wide driveway to serve Commercial Tract 1 of Tract S -5A -1, and other abutting and adjoining lots in the Mill Bay Plaza Complex, when a 32 foot wide driveway is the maximum width permitted by code; and to adopt conditions of approval and the findings of fact in the staff report dated July 18, 2008, as "Findings of Fact" for case 09 -001. The motion was SECONDED by COMMISSIONER WATKINS. George Rieth spoke on behalf of Bob Brodie, applicant, in support of this request. A brief discussion. CONDITIONS OF APPROVAL 1. In order to redress the current surface drainage deficiencies, the expansion and realignment of the existing driveway must be coordinated with the City Engineering Department. 2. Any work that occurs within the Mill Bay Road right -of -way must be accomplished with an inspection agreement between the property owner and the City Engineering Department. 3. The property owner is encouraged to incorporate a pedestrian walkway along the side yard frontage of Tract S- 4A -1B. FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the propertv or intended use of development, which generally do not apply to other properties in the same land use district. The subject parcels were originally subdivided in compliance with existing Title 17 requirements. Exceptional physical circumstances distinguishing the subject site from other P&Z Minutes August 20, 2008 Page 3 of 5 similarly zoned properties do not exist, however, conditions restricting the intended use and development of the property do. Title 17 did not anticipate the pace and evolution of modern business development, and the requirements of meeting the demands of today's consumer. The site has evolved into a major business node with extremely high traffic counts. The facilitation of traffic movements entering and exiting the site represents enhancements to public safety and economic efficiencies. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in practical difficulties or unnecessary hardships. Sufficient land area is available to accommodate the request for variance and strict adherence to the current zoning ordinance would un- necessarily burden the property owner and the public. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. Granting the variance will not result in material damages or prejudice to other properties in the vicinity, nor be detrimental to the public safety and welfare. The proposed variance would enhance neighborhood characteristics by contributing to improved traffic patterns. The question was called and it CARRIED 5 -0. OLD BUSINESS There was no old business NEW BUSINESS There was no new business COMMUNICATIONS A. 2010 Census B. Re- evaluation of Alaska Coastal Management Program (ACMP) Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to accept communications as submitted. The motion was SECONDED by COMMISSIONER KERSCH and it CARRIED by unanimous voice vote. REPORTS C. Meeting Schedule: • September 10, 2008 work session at 7:30pm in the KIB Conference Room. • September 17, 2008 regular meeting at 7:30pm in the Assembly Chambers. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to accept reports as presented. The motion was SECONDED by COMMISSIONER JANZ and it CARRIED by unanimous voice vote AUDIENCE COMMENTS There were no audience comments. P&Z Minutes August 20, 2008 Page 4 of 5 COMMISSIONER'S COMMENTS COMMISSIONER JANZ stated she would like to schedule time in September to talk about some of the zoning issues. COMMISSIONER WATKINS thanked COMMISSIONER PURDY for his input on the pedestrian access around the Safeway entrance, and thanked the property owners for looking to do something with it. COMMISSIONER PURDY said he also encourages the property owners of the complex to put in a nicer intersection because it's a great opportunity to take care of a lot of problems. CHAIR KING said he'll be here for the September work session but not the regular meeting, and we need to figure out when the commission can go to Larsen Bay. King said will be here September 8 — 12 and will be gone the rest of the month. COMMISSIONER WATKINS said he will be out of town but right around the corner so it doesn't matter. Cassidy said we can hold the meeting and come back that night but we do have 4 cases. COMMISSIONER PURDY asked if we are going to have a work session. Cassidy said we need to figure out when we are going and then we can work backwards, and we do need to have a work session. The lodge owners said they will be there at the end of the month but since it's becoming problematic is it better to hold the meeting in October when they may not be there or in September. Staff will make some calls to see what they would prefer to do. We need to get at least 4 commissioners that can go. COMMISSIONER JANZ asked if Saturdays are an option because the second week in September would be hard for her to take off as a teacher. Janz would also like a work session before they go so they can review the issues and be prepared. COMMISSIONER PURDY stated that only one owner will be gone. Cassidy said he's not sure and he is planning on calling them. We will just have to do the best we can. ADJOURNMENT COMMISSIONER WATKINS MOVED TO ADJOURN. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. The meeting was adjourned at 8:15 p.m. ATTEST By: ( nhe420 C'c ailL_ Sheila Smith, Secretary Community Development Department DATE APPROVED: September 17, 2008 P&Z Minutes PLA By DIAK ISLAND BORUGH D ZONING COMMISSION &A-1- CJ V.ev_e_L6-) b z . Dave King August 20, 2008 Page 5 of 5 DATE: October 16, 2008 TO: Borough Mayor and Assembly THRU: Rick Gifford, Manager Woody Koning, E/F Direct FROM: K. Smith, Project Manager RE: Projects Status Report CURRENT PROJECTS STATUS: NEW KODIAK POOL Janssen Contracting is currently slightly over 40% complete and the project is on schedule and really taking shape with exterior walls and roof decking in place and roof assembly nearing completion. Concrete pool walls are underway and the slab is scheduled within the next couple weeks. Carpenters, plumbers, electricians and tinners are busy inside while work on the exterior continues. Underground utilities are now connected and will be capable of supplying heat to the building as winter approaches. The KMS playground and area adjacent to the VocEd building have been returned to KIBSD use. SCANNED Date's sign KODIAK ISLAND BOROUGH ENGINEERING /FACILITIES DEPARTMENT 710 Mill Bay Road Kodiak, AK 99615 (907) 486 -9341 Phone (907) 486 -9394 Fax ksmith@kodiakak.us MEMORANDUM KODIAK MIDDLE SCHOOL SEISMIC UPGRADE Phase IIA of the Middle School Seismic Upgrade is complete. Work completed this summer included the structural upgrades to the remainder of the single story portion of the building and the 2 story classrooms facing Rezanof. Phase IIB which includes the remainder of the 2 story portion except the gymnasium will be completed next year under the same contract. Z:\Admin\Bond Project Status\Project Status Report 081016.docx PETERSON ELEMENTARY SEISMIC UPGRADE The seismic upgrade is complete and the long awaited FEMA HMGP grant in the amount of $540,508 has finally been awarded. KIB will be reimbursed for the project even though it was completed prior to the grant being awarded. OUZINKIE GYM RENOVATION AND SEISMIC UPGRADE The seismic portion of the work was completed within the FEMA performance period and eligible for reimbursement. The asbestos has been abated and the restrooms remodel is in progress and will be returned to students use immediately upon completion. The gym addition is progressing and is currently scheduled to be completed in March, 2009.Concrete foundations for the gym and slab for the mechanical room addition were poured earlier this week and wall framing is underway. While construction during the school year is bound to be disruptive; the contractor, Wolverine Supply, is adjusting their work schedule, working nights and weekends, to minimize impact to the school. CHC ADDITION TO PKIMC Brechan Enterprises began work on the project in late May. The foundation and primary structural steel is complete, the shell is nearing completion and the building will be dried in soon. The floor slab will be poured as soon as under slab utilities are completed. Site development is nearing completion. Curb and gutter, sidewalks and paving are complete. The majority of the parking lot will be turned over to PKIMC as soon as the striping is complete and dry. The entire project is currently 43% complete and on schedule to be complete in May of 2009. BAYSIDE FIRE STATION ADDITION The ARB has approved 65% design drawings and design of the facility is nearing completion. The process has taken longer than anticipated and the project is currently scheduled to advertise for bids in January, construction to begin in April with substantial completion in September '09. MIS UNDERGROUND FUEL TANK REMOVAL AND REPLACEMENT The new tank is in place and will be put into service as soon as the final installation of the fueling connection is completed. There remains a limited amount of fuel contamination adjacent to the roadway that may require remediation. The Dept of Environmental Conservation (DEC) has transferred project management responsibility from the Prevention and Emergency Response Program (PERP) to the Contaminated Sites Program (CS). Approximately 1,600 cubic yards of contaminated soil must be removed from stockpiles on site. The "on island" burn plant that was anticipated to be put into service by the contractor this past summer has not materialized so alternate methods of disposal or treatment of fuel contaminated soil are currently being investigated. Z:\Admin\Bond Project Status\Project Status Report 081016.docx Please print your name KODIAK ISLAND BOROUGH ASSEMBLY WORK SESSION Work Session of: / SCANNED Date / Sign:tl D Please print your name A I. /z/E R"tt KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: /v /0 g Please print your name Please print your name SCANNEL Dat ff 'Si .. reP G 0 5: W m u) ON 1 S3A Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby �.---- \ E.-- o o w m N 5 0 __ON S3A The mayor may not vote except in the case where only six members of the assembly are present and there is a Mr. Abell Ms. Bransorj Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby 1 Z o 5: W m f/) r —ma ON S3A Mr. Abell 4- Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes IEIR VOTE? VI TOTAL: Mayor Selby O W m m ON S3A Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby G Z O 5: W m v) ON 93A Mr. Abell Ms. Branson J Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby 0 0 cn L rn V O O O U SCANNE Date' Sign. SLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: IOU m 0 z 0 W N ON 1 �3J S3AI LOA Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: The mayor may not mote except in the case where' only six members of the assembly are present and there is a three /three tie vote of the a Mayor Selby 5: CO G z 0 W Cl) ON I S3AI Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch TI6MS0 •JW Ms. Stutes TOTAL: Mayor Selby CO ----2' z O w v) ON ("---' 3Jl C Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch * IIeMSO 'aW Ms. Stutes EIR VOTE? V TOTAL: Mayor Selby c6 m ON S3A , � Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch a/ Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby g O W � L.,---- sA ,,, C) ON Q S3A --- Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey jp Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby y V 4. W u) 6 g 1) co 0 a) ca rn c � 0 SCANNED ate:l "SignO 1 ]D KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Kodiak Island Borough Assembly Regular Meeting Guidelines October 16, 2008, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA 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 — None. 6. AWARDS AND PRESENTATIONS A. Proclamation — Mayor Selby B. Employee of the Quarter Award — Manager Gifford C. Longevity Awards — Manager Gifford 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736 Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT S CANNED Date/krsign� Kodiak Island Borough Assembly Guidelines October 16, 2008 Page 1 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2009 -09 Ratifying and Certifying the Results of the Municipal Election Held October 7, 2008. Clerk's Note: On Yellow Paper is the report of the Canvass Board with the Resolution attached. Recommended motion: Move to adopt Resolution No. FY2009 -09. Staff Report — Clerk Javier Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION C. Ordinances for Introduction 1. Ordinance No. FY2009 -07 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel, Chapter 2.39 Boards and Commissions. Recommended motion: Move to adopt Ordinance No. FY2009 -07 in first reading to advance to public hearing on November 6, 2008. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2009 -08 Rezoning USS 4872, Larsen Bay Townsite, Tract A, Block 16, Lot 12 From R1- Single Family Residential To B- Business Zoning District. Recommended motion: Move to adopt Ordinance No. FY2009 -08 in first reading to advance to public hearing on November 6, 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 October 16, 2008 Page 2 3. Ordinance No. FY2009 -09 USS 4872, Rezoning Larsen Bay Townsite, Tract A, Block 1, Lots 1 And 3 From R1- Single Family Residential To B- Business District. Recommended motion: Move to adopt Ordinance No. FY2009 -09 in first reading to advance to public hearing on November 6, 2008. Staff Report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. Accepting the 2007 Public Safety Interoperable Communications Grant, 2007 - GS -H7 -0025, State Grant No. 07PSIC- GR34037 and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. Recommended motion: Move to accept the 2007 Public Safety Interoperable Communication Grant, 2007 -GS -H7 -0025, State Grant No. 07PSIC- GR34037 and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. Staff report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. *Assembly Appointment to the Personnel Advisory Board. 3. *Confirmation of Mayoral Appointment to the Parks and Recreation Committee. 4. Oath of Newly- Elected Officials. The Borough Clerk will administer the Oath of Office to Newly- Elected Assembly members Judy Fulp, Sue Jeffrey and Dave Kaplan. 5. Presentation to Outgoing Assembly Members. Mayor Selby will present plaques to outgoing Assembly members Abell and Oswalt. 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 Kodiak Island Borough Assembly Guidelines October 16, 2008 Page 3 Announcements — Mayor Selby. If you will be away from home during the General Election, you may vote an absentee ballot in person starting on Monday, October 20, in the Borough Clerk's Office, Room 101 from 8 a.m. to 5 p.m., Monday through Friday. Please bring your voter card or picture identification with you. If you have any questions please call 486 -9310. The Assembly will hold a special work session on Thursday, October 23, 2008 at 7:30 p.m. in the Borough Conference Room and the next regular Assembly work session will be held on Thursday, October 30, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, November 6, 2008 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines October 16, 2008 Page 4