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2008-12-04 Regular Meeting1. 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 . November 6, 2008 Regular Meeting Minutes. 19(' I Ala 6. AWARDS AND PRESENTATIONS A. Student of the Month 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS PUBLIC HEARING A. Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C- Conservation To Li- Light Industrial Zoning District (Case 09-002.) B. Ordinance No. FY2009 -11 Rezoning A Tract Of Land In The Larsen Bay Townsite Legally Described As Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business District (Case No. 03 -011.) Ordinance No. FY2009 -12 Amending Kodiak Island Borough Code Of Ordinances Title 15 Buildings And Construction To Standardize The Kodiak Island Borough And The City Of Kodiak Building Codes. C. Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 4, 2008, 7:30 p.m., Assembly Chambers 10. ' BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Contracts — None B. Resolutions 1. Resolution No. FY2009 -13 Adopting a 2009 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. 2. Resolution No. FY2009 -14 Adopting the Kodiak Island Borough All Hazard Mitigation Plan and All Local Community Annexes to that Plan. C. Ordinances for Introduction 1. Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. 2. Ordinance No. FY2009 -01 C Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. D. Other Items 1. Mayoral Appointments of Assembly Representatives to Boards and Committees. - 2. Confirmation of Mayoral /Assembly Appointments to Different Boards, Committees, and Commissions. 3. Recommendation for Appointment to Board Seats on the Providence Health System Kodiak Island Service Area Community Board. 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 — None. B. Reports 1. Kodiak Island Borough October and November 2008 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 6, 2008 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, November 6, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of August 21, 2008, September 18, 2008, and October 16, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented Student of the Month Awards to Jeridiah Thomas who is enrolled full time in the KIBSD Correspondence Program, and Justin Anderson, a junior at Ouzinkie School. Mayor Selby congratulated Senior Citizens of Kodiak, Inc. on their national accreditation achievement and 35 anniversary, and encouraged the community to join in the celebration on Saturday, November 8, 2008 from 2 p.m.— 5 p.m. at the Kodiak Senior Center. CITIZENS' COMMENTS Jim Graham, Vice President of Brechan Enterprises, read into the record the letter addressed to Manager Gifford from Mike Brechan regarding the "B Tracts" gravel pit leases. He requested the Assembly to authorize Manager Gifford to continue negotiations with Brechan .Enterprises to solidify the leases. COMMITTEE REPORTS Assembly member Branson requested that the Assembly meet with architects to review the location and plans for a possible new care center. Mayor Selby requested this item be added at a future Assembly work session. Kodiak Island Borough Assembly Minutes November 6, 2008 Page 1 PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Pizza Hut Liquor License, Beverage Dispensary License #3548 to Angelo's. BRANSON moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board Request for Transfer of Ownership of Pizza Hut Liquor License, Beverage Dispensary License #3548 to Angelo's. For the transfer of ownership of liquor licenses, the borough followed KIBC 5.01.030 - New license and transfer procedure.There were no trouble reports and no Borough interest can be protected by protesting the transfer. 148 public hearing notices were sent out. Returned notices were provided to the Assembly. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Assembly member Fulp spoke in support of the transfer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. B. 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. JEFFREY moved to adopt Ordinance No. FY2009 -07. 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 years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three 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. A. 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. Kodiak Island Borough Assembly Minutes November 6, 2008 Page 2 The following are the boards established under this chapter: Chapter 2.12 Personnel Advisory Board Chapter 2.41 Emergency Services Council Chapter 2.42 Kodiak Economic Development Commission Chapter 2.43 Parks and Recreation Committee Chapter 2.45 Architectural /Engineering Review Board Chapter 2.49 Arts Council Advisory Committee Chapter 2.53 Solid Waste Advisory Board Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. In response to Assembly member Friend's inquiry about the review of the Kodiak Economic Development Commission, Manager Gifford reported that he was having discussions with Debra King and would have an amendment that reflected what the Assembly was presently doing in the next couple of months. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. C. 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 (Case No. 08 -21.) FRIEND moved to adopt Ordinance No. FY2009 -08. 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 2008 and again September 2008 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 forwarded the case to the Borough Assembly recommending a rezone of the 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 was incorporated in the packet. In addition, materials reviewed by the Commission were also included for Assembly consideration. Nine public hearing notices were sent out on October 20, 2008. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. D. 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 (Case No. 03 -011.) STUTES moved to adopt Ordinance No. FY2009 -09. 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 Kodiak Island Borough Assembly Minutes November 6, 2008 Page 3 Comprehensive Plan. Upon completion of this planning effort, the Planning and Zoning Commission traveled to the community of Larsen Bay in May 2008 and again September 2008 to hold public hearings on this request. These parcels 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 forwarded the case to the Borough Assembly with the recommendation to approve the request for rezoning. The "findings of fact" supporting the Commission's decision was incorporated in the packet. Materials reviewed by the Commission were also included for Assembly consideration. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Construction of the pool and community health clinic are approximately 50% complete and work is on schedule. • The City Fire Station started an ambulance ride -along program to provide additional training for Bayside EMS First Responders. City and Bayside Fire Stations have also started training for hazardous material responses on the road systems. Coast Guard and Women's Bay Fire Departments will participate in the future. • Department of Education and Early Development completed their capital improvement projects for 2010 which was a major maintenance grant funded by the legislature. It is listed as No. 3 this year and should be funded approximately 75% reimbursement for seismic projects. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby acknowledged Manager Freed and Manager Gifford for their efforts in working with the fire departments and bringing about a cohesive and cooperative management. He sent his condolences to Norm Sutliff's family and recognized his many contributions to the community of Kodiak. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly 1. Election of Deputy Presiding Officer Mayor Selby opened the nominations. JEFFREY moved to nominate Assembly member Branson as Deputy Presiding Officer. FRIEND moved to close nominations. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. STUTES moved to cast a unanimous ballot for Assembly member Branson as Deputy Presiding Officer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes November 6, 2008 Page 4 Contracts 1. Contract No. 2004 -61C Legislative Consultant for the Kodiak Island Borough During the 2009 and the 2010 Legislative Sessions. FRIEND moved to authorize the manager to execute Contract No. 2004 -61C with Hickey & Associates of Juneau, Alaska in the amount not to exceed $40,000 annually for the period of January 1, 2009 to December 31, 2010. The Agreement for lobbying services between Kodiak Island Borough and Hickey & Associates expires on December 31, 2008. KIBC 3.16.070 A states that competitive bids are not required for professional contracts. At the end of this year, Mr. Hickey will have worked for the Borough eight years. This contract is the same contract as the last one in the annual amount of $40,000. Assembly member Branson spoke in support of renewing Mr. Hickey's contract with the Kodiak Island Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Resolutions 1. Resolution No. FY2009 -10 Supporting Governor Palin's Proposal to Ameliorate the Effects of High Energy Costs on Alaskans and Recommending and Encouraging Support for Long - Term Commitments From the Governor and the Legislature by Appropriating Funds to Encourage the Use of Public Transportation. BRANSON moved to adopt Resolution No. FY2009 -10. The resolution was requested by Assembly member Branson. The resolution stated that the Borough Assembly recommended and encouraged the Legislature to appropriate $200 million to establish a transit trust fund, the proceeds of which would provide ongoing operating dollars to public and coordinated transit operations throughout Alaska. The Assembly also recommended and encouraged the Legislature to explore changes to the pupil transportation funding requirements that would allow blending of public and pupil transit systems to achieve economies of scale. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. Ordinances for Introduction 1. Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C- Conservation To Li- Light Industrial Zoning District (Case 09 -002.) JEFFREY moved to adopt Ordinance No. FY2009 -10 in first reading to advance to public hearing on December 4, 2008. With the rezoning of Tract F to LI —Light Industrial Zone, the development occurring at the Trident Basin Seaplane base, upland and tideland, would fall within one zoning district LI -Light Industrial District. The city's upland development of this area was allowed to occur under a conditional use in the C- Conservation District. Rezoning Tract F into LI -Light Industrial allows for a number of uses that are not permitted in the C- Conservation district. Such a rezone is consistent with the Kodiak Island Borough Comprehensive Plan. The Planning and Zoning Commission recommended approval of this request after conducting a public meeting and composed findings of fact for their decision. Kodiak Island Borough Assembly Minutes November 6, 2008 Page 5 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 2. Ordinance No. FY2009 -11 Rezoning a Tract Of Land in The Larsen Bay Townsite Legally Described As Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business District (Case No. 03 -011.) FRIEND moved to adopt Ordinance No. FY2009 -11 in first reading to advance to public hearing on December 4, 2008. The Community Development Department received the rezone case in 2003. It was postponed 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 traveled to the community of Larsen Bay in May of 2008 and again in September to hold public hearings on this request. There were a number of parcels requested in this rezone. After public testimony, the commission only recommended one of the lots. The parcel is where the existing Uyak Bay Lodge is presently located. The applicant was in agreement with the Commission's decision. After the September 20, 2008 public meeting in Larsen Bay and after receiving significant community public testimony, the Planning and Zoning Commission forwarded the case to the Borough Assembly with the recommendation to approve Larsen Bay Townsite, Tract A, Block 3, Lot 1 request for rezone. The Commission's "findings of fact" supporting its decision had been incorporated into an ordinance prepared for the Assembly. The materials reviewed by the Commission were also included with this case packet for Assembly consideration. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 3. Ordinance No. FY2009 -12 Amending Kodiak Island Borough Code Of Ordinances Title 15 Buildings And Construction To Standardize The Kodiak Island Borough And The City Of Kodiak Building Codes. JEFFREY moved to adopt Ordinance No. FY2009 -12 in first reading to advance to public hearing on December 4, 2008. The Kodiak Island Borough and the City of Kodiak operate a combined building inspection program and agreed to coordinate the building codes adopted by each of the local governments in order to ensure continuity throughout the jurisdiction of the joint program. A joint Borough /City committee met to review the building codes adopted by the Borough and City, and that committee recommended the Borough Assembly and City Council adopt updated versions of the building and fire codes. In response to Assembly member Fulp's question, Manager Gifford reported that the City and Borough's code are both revised for uniformity. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes November 6, 2008 Page 6 Other Items 1. Assembly Review of Case 03 -016 Denial of Rezone of Larsen Bay Townsite Subdivision, Tract A, Block 19, Lot 4 From R1- Single Family Residential To B- Business and Direct Staff to Prepare an Ordinance for Introduction. FRIEND moved to direct staff to prepare an ordinance for introduction to rezone Larsen Bay Tract A, Block 19, Lot 4 from R1- Single Family Residential District to B- Business District. The Planning and Zoning Commission, at its special meeting in Larsen Bay on September 20, 2008 adopted findings of fact in support of its decision on May 9, 2008 to deny a rezone of Larsen Bay Tract A, Block 19, Lot 4 from the R1- Single Family Residential district to the B — Business district. In their findings of fact, the commission cited the following reasons for their denial recommendation: • The nature and scale of potential Business zoned uses on this parcel was not consistent with the current residential character of the area. • A rezone to B- Business would create additional commercial development that would require additional resources from the City's limited infrastructure that had been found by the state of Alaska to be substandard. • The scale and the present use of the property was more suited to a "Bed and Breakfast" establishment that is allowed in this district if the landowner connected the two structures. • Denial of this request was based upon conditions currently existing in the community which may be expected to change some time in the future when the community is better able to support on a sustainable basis further commercial development. At that time, the parcel should be reexamined for its B- Business potential. • Also considered was the resolution adopted by the Council of the City of Larsen Bay requesting a "halt" to future building in Larsen Bay because the city's infrastructure was presently "over taxed ". In response to Assembly member Fulp's question, Bud Cassidy Director of Community Development, reported that this was the Fox Tail Lodge and that to be in compliance, they would need to join the two buildings together and would be considered a bed and breakfast. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. 2. Declaring a Seat Vacant on the Planning and Zoning Commission. This item was approved under consent agenda. A letter of resignation from Mr. Gary Juenger was received by the Clerk's office on October 7, 2008 requesting the Assembly to accept his resignation from the Planning and Zoning Committee. Mr. Juenger served on the Commission since 2005. 3. Declaring a Seat Vacant on the Solid Waste Advisory Board. This item was approved under consent agenda. A letter of resignation from Ms. Freya Holm was received by the Clerk's office on October 10, 2008 requesting the Assembly to accept her resignation from the Solid Waste Advisory Board. Ms. Holm served on the Board since 2007. 4. Declaring a Seat Vacant on the Monashka Bay Road Service Area Board. This item was approved under consent agenda. Kodiak Island Borough Assembly Minutes November 6, 2008 Page 7 Mr. Mark Withrow and Mr. Chaz Glagolich each received four write -in votes at the last election. Drawn by lot, Mr. Withrow was voted in to the seat. He declined to assume the duties and submitted a letter of declination. 5. Kodiak Island Borough Assembly 2009 Meeting Schedule. This item was approved under consent agenda. The Assembly approves the meeting schedule for the upcoming year and was provided a recommended meeting schedule per Borough Code guidelines. The January schedule is what the Assembly approved on December 6, 2007. KIBC 2.30.030 (A) Types of meetings - Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two - thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. 6. Accepting a Grant for the Seismic Upgrade of Peterson Elementary School and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. BRANSON moved to accept a grant for the Seismic Upgrade of Peterson Elementary School and Authorizing the Manager to Enter Into an Agreement with the Alaska Division of Homeland Security and Emergency Management. The purpose of the request was to accept a grant in the amount of $540,508 from the Division of Homeland Security and Emergency Management for the Seismic Upgrade of Peterson Elementary School (1946 Portion.) The seismic vulnerability evaluation of the KIBSD Schools (G &E Engineering Report) identified the 1946 portion of the school as seismically vulnerable. The money originated from FEMA but was managed by the State. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. CITIZENS' COMMENTS - None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes congratulated the students of the month. She also congratulated Kodiak Senior Citizens and Pat Branson on their national accreditation. Assembly member Friend congratulated students of the month and the Kodiak Senior Citizens Center and their accomplishments. In response to his question as to the status of Tract B leases and negotiations with Brechan Enterprises, Mayor Selby reported that Manager Gifford would provide the Assembly with additional information at the next work session. Assembly member Fulp reported on her recent travels to Monterey, California. She expressed her excitement about the new convention center in Anchorage. Kodiak Island Borough Assembly Minutes November 6, 2008 Page 8 Assembly member Branson congratulated the students of the month, acknowledged the updates on the new pool, community health clinic, cooperation of fire departments, and the seismic grant. She thanked the assembly for its vote of confidence in electing her as presiding officer. She also invited the community to the senior citizens anniversary party. Assembly member Jeffrey congratulated the students of the month, Kodiak Senior Citizens, and offered condolences to Norm Sutliff's family. In response to her question about the status of the Mission Road repairs, Manager Gifford reported that the intent to award was given to Brechan Enterprises and would be maintained for the winter and reconstructed in the spring. Assembly member Kaplan congratulated the students of the month, senior citizens staff and board on their anniversary and accreditation, and Manager Gifford and staff for the seismic grant. Assembly member Lynch congratulated the students of the month and senior citizens. She also congratulated Community Development and Planning and Zoning Commission for their work in upgrading and enforcement of our comprehensive plan. She expressed that the Brechan Enterprises' letter raised very good discussion points. Announcements The Mayor and Assembly Members would be travelling to Ketchikan, Alaska, November 9 -14, 2008 to attend the Newly Elected Officials /Alaska Municipal League Conference. The Borough Offices would be open Monday, November 10 and Wednesday, November 12 from 10 a.m. to 2 p.m. and closed Tuesday, November 11 in observance of the Veteran's Day Holiday. The Assembly work session for November 13 and regular meeting for November 20 were cancelled. The next work session was scheduled on Tuesday, December 2 at 7:30 p.m. in the Borough Conference Room and the regular meeting was scheduled on Thursday, December 4 at 7:30 p.m. in the Borough Assembly Chambers. Executive Session JEFFREY moved to convene into executive session to discuss Evaluation of the Professional Legal Services of the Borough Attorney which qualifies for executive session under any matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Mayor Selby invited the Assembly members, Manager, Borough Clerk, and Borough Attorney to join in executive session. Mayor Selby recessed the regular meeting at 8:45 p.m. and convened the executive session. Mayor Selby reconvened the regular meeting at 9:25 p.m. No action was taken as a result of the executive session. Kodiak Island Borough Assembly Minutes November 6, 2008 Page 9 ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. The meeting adjourned at 9:30 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes November 6, 2008 Page 10 TITLE: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 4, 2008 REGULAR MEETING ITEM NO: 9.A Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C- Conservation To Li -Light Industrial Zoning District (Case 09 -002.) With the rezoning of Tract F to LI —Light Industrial Zone, all the development occurring at the Trident Basin Seaplane base, upland and tideland, will fall within one zoning district LI -Light Industrial District. The city's upland development of this area has been allowed to occur under a conditional use in the C- Conservation District. Rezoning Tract F into LI -Light Industrial allows for a number of uses that are not permitted in the C- Conservation district. Such a rezone is consistent with the Kodiak Island Borough Comprehensive Plan. The Planning and Zoning Commission is recommending approval of this request after conducting a public meeting and has composed findings of fact for their decision. 20 Public Hearing notices were mailed out on November 10, 2008. Any responses will be presented at the meeting. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -10. 1 Introduced by: Manager Gifford 2 Requested by: Manager Gifford 3 Drafted by: CDD Staff 4 Introduced: 11/06/2008 5 Public Hearing: 12/04/2008 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -10 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 PROPOSED TRACT F WITHIN US SURVEY 2261 AND US SURVEY 4947 FROM C- 12 CONSERVATION TO LI- LIGHT INDUSTRIAL ZONING DISTRICT (CASE 09 -002) 13 14 WHEREAS, the Trident Basin Float Plane Sea base facility is served by upland infrastructure 15 including fuel tanks, parking, business structures etc.; and 16 WHEREAS, the uses presently occurring on the uplands is based on a conditional use permit 17 that allows these uses to exist in the Conservation District; and 18 WHEREAS, there is a desire by the City of Kodiak to contain the entire upland and tideland of 19 the Trident Basin Seaplane base within the same zoning district; and 20 21 WHEREAS, a rezone of upland and tideland to LI -Light Industrial is consistent with the Kodiak 22 Island Comprehensive Plan; and 23 24 WHEREAS, the Commission is recommending that the Assembly find that a rezone to LI- 25 Light Industrial is consistent with the goals of the comprehensive plan; 26 27 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH that: 29 30 Section 1: This ordinance is not of general application and shall not be codified. 31 32 Section 2: Tract F is rezoned from C- Conservation to LI- Light Industrial Zoning District 33 34 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 35 hereby confirmed as follows: 36 37 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. 38 39 A rezone from C- Conservation to LI -Light Industrial is needed and justified because 40 the LI -Light Industrial zoning district permits development that: 41 A. is consistent with current and proposed development trends in the area; 42 B. is suitable for this site, given the physical characteristics and location of the 43 tract; Kodiak Island Borough Ordinance No. FY2009 -10 Page 1 of 2 44 C. will not create any nonconforming land uses; 45 D. is consistent with the Near Island Comprehensive Plan 46 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 47 the Objectives of the Comprehensive Plan. 48 A rezone of the area identified as and granted a CUP for a floatplane facility in 49 Trident Basin is consistent with the intent and objectives of the Near Island 50 Comprehensive Plan. In the section described as "Description of Development 51 Categories and Allowable Land Use," the Near Island Comprehensive Development 52 Plan (1987) identifies a possible float plane facility to "...include docking and tie - 53 down areas, a shore -based haul out area for maintenance, and parking areas" (p. 54 14). The maps accompanying that plan specifically designate Trident Basin as the 55 site for a proposed seaplane facility and aerodrome. This intent dovetails with long - 56 standing Port of Kodiak harbor plans to eliminate the extremely dangerous situation 57 of boats and float plane traffic sharing the crowded St. Paul's Harbor Channel. 58 59 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 60 THIS DAY OF , 2008 61 62 KODIAK ISLAND BOROUGH 63 64 65 66 ATTEST: Jerome M. Selby, Borough Mayor 67 68 69 70 Nova M. Javier, CMC, Borough Clerk 71 Kodiak Island Borough Ordinance No. FY2009 -10 Page 2 of 2 DF &G Requirement Place a n the plat that states "a fifty (50) foot riparian buffer zone is to be main adjacent to the slo s for the protection of water quality and fish habitat." FINDINGS OF FACT 1. Subject to conditions of approval, this pla - e minimum standards of survey accuracy and proper preparation of pla - • s fired in Ti - • e f the Borough Code. 2. Subject to the a FINDINGS OF FACT Kodiak Island Borough October 15, 2008 of Variance Case 05 -009 and subdi approval, thi .: can meet all the requirements of Title 17 of the Borough Co call on the vote CARRIED 7 -0. conditions of E. Case 09 -002. Request a rezone, according to KIBC 16.40, of certain areas within proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C- Conservation to LI -Light Industrial. The applicant is the City of Kodiak and the agent is Linda Freed. The location is proposed Tract F within U.S. Survey 2261 & U.S. Survey 4947, Near Island and the zoning is C- Conservation & LI -Light Industrial. Cassidy gave a staff report. COMMISSIONER WATKINS asked about the tideland zoning. Cassidy stated we will be discussing this more when we get into the review of Title 17 this winter. COMMISSIONER JUENGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of proposed Tract F within USS 2261 and USS 4947 from Conservation to Light Industrial Zoning District, and to adopt the "Findings of Fact" in the staff report dated August 25, 2008, in support of this recommendation. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: Commission discussion. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: [1] 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from C- Conservation to LI -Light Industrial is needed and justified because the LI- Light Industrial zoning district permits development that: A. is consistent with current and proposed development trends in the area; B. is suitable for this site, given the physical characteristics and location of the tract; C. will not create any nonconforming land uses; D. is consistent with the Near Island Comprehensive Plan [2] 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the area identified as and granted a CUP for a floatplane facility in Trident Basin is consistent with the intent and objectives of the Near Island Comprehensive Plan. In the P &Z Minutes Page 6 of 10 section described as "Description of Development Categories and Allowable Land Use," the Near Island Comprehensive Development Plan (1987) identifies a possible float plane facility to "...include docking and tie -down areas, a shore -based haul out area for maintenance, and parking areas" (p. 14). The maps accompanying that plan specifically designate Trident Basin as the site for a proposed floatplane facility and aerodrome. This intent dovetails with long- standing Port of Kodiak harbor plans to eliminate the extremely dangerous situation of boats and float plane traffic sharing the crowded St. Paul's Harbor Channel. R 11 call vote on the motion CARRIED 7 -0. i/ 1 1 , 1 • • • •' •1 1 . • • 1 • • • • • ent Projects. The applicant is the Planning & Zoning Commission and the locatio 'de. staff report. PURDY asked how this is advertised because everyone h 't. Can we publish the entire list? se in the paper, we put a public service announceme n inations. Maybe we could publish the list as N stated that RuralCap might hav t from community members. c process is impo e the people that s onder if p a Improv Borough Cassidy gave COMMISSION wasn't familiar with Cassidy stated we adve we have received some out. COMMISSIONER HARRING get more comprehensive involvem COMMISSIONER JANZ feels the pu projects are lower because they don't h been through the process several times the outcome of this. CHAIR KING asked Cassidy if we have the fun the Kodiak Daily Mirror. COMMISSIONER J 2008 -01 recommen Kodiak Island Bo Close regular ' eeting: Open publi • earing: Kodiak Island Borough October 15, 2008 I IS s talked to on the radio, and way to get the word a model they use to try to rtan s well and some of the lower end e constantly in that arena. Having poning this for a month is going to g to have the list printed as a supplement in Cassidy stated he doesn't know what it wou , cost. A v• . e would be for the commission to meet with the Borough Assembly and meet wi the City Coun ' to talk through this process because this is their lists that these projects go and there would be .lue in having this conversation so they too know that the reason for th CIP Lists is for projects .rting from the grass roots level and working its way further up. COMMISSIONER KERSCH ated we should start on it earlier next ar. COMMISSIONER WAT S stated we should start earlier and publish . next year. Z MOVED to adopt Planning and Zoning Co ' ission Resolution g to the Borough Assembly a list of Priority Projects for elusion into the ugh's five (5) year 2009 -2013 Capital Improvement Program . P). Linda F ed stated the resolution references an appendix A and brought to their attention t .t it was lied from a prior resolution and not updated and still includes some projects that ha e be: completed and shared projects that should be included. She talked about the UV Water reatmPnt Facility le their tnp priority and grant funding. P &Z Minutes Page 7 of 10 SUPPLEMENTAL MEMORANDUM DATE: October 4, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the October 15, 2008 Regular Meeting CASE: 09 -004 APPLICANT: City of Kodiak AGENT: Linda Freed, City Manager Public Hearing Item VI -E REQUEST: A rezone, according to KIBC 16.40, of certain areas within proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C- Conservation to LI -Light Industrial. LOCATION: Proposed Tract F within U.S. Survey 2261 & U.S. Survey 4947, Near Island ZONING: LI -Light Industrial and C- Conservation This supplemental memorandum is in response to the discussion at the Commission's packet review work session on September 10, 2008. During the investigation of related subdivision case S09 -013, staff had researched the zoning approaches implemented by Juneau and Sitka regarding their respective approaches to regulating land use of the tidelands when developed with associated upland structures and activities. The purpose of this memorandum is not intended to persuade the Commission to do anything other than what has previously been recommended by staff in last month's staff report for this case. It is intended to provide additional information upon which the Commission may wish to 'consider its decision and recommendation to the Assembly regarding the rezone request now before it. Rezone cases, or "boundary changes" as referred to in KIBC 17.72, are generally considered as an amendment to existing boundaries as all uplands and some tidelands in the borough are generally zoned to some predetermined purpose in conformity with the borough comprehensive plan. In this case the City of Kodiak has requested a rezone in order to conform the LI -Light Industrial zoning with it's upland sea -plane base improvements and recent survey (Case S08- 013). Because the prior zoning of the sea -plane base did not conform to any then existing subdivision or tideland boundaries, prior LI -Light Industrial zoning was applied on a "metes and Case 09- 002 /Supplement Page 1 of 3 P & Z: October 15, 2008 Public Hearing Item VI -E bounds" basis with bearings and distances provided to describe the sea -plane base as then envisioned. Because the petitioner, City of Kodiak did not request a change to the pre - established boundary, it appears that staff assigned to the rezone case did not consider this as an amendment or extinguishment to those prior boundaries. In this regard staff considered this a reasonable outcome since it was staff's belief and recommendation during the original subdivision case that the sea -plane base boundary and related zoning should encompass all related sea -plane improvements (not including the "runway" and "taxiway" areas or other FAA required clear zones, parking zones, etc.). After researching the zoning issues as alluded to above, staff withdrew it's objections on the basis that the in -depth zoning discussion that would be required should be carried to this rezone case which was then recommended as a condition of approval to the subdivision. The city only had to initiate the zoning request so the implication is that the subdivision is granted final approval and it would require a new subdivision if any new boundaries are indicated to be necessary through this process. Staff's assessment is that the pre- existing "metes and bounds" LI -Light Industrial zone would persist absent a specific request by the city to extinguish that zone boundary. Staff felt that preserving this status quo in this manner would be an adequate compromise for the zoning, even though no boundary would coincide with this holdover portion of the Light Industrial district. It seems apparent now that the city has an expectation that this tideland area zoning would or should not holdover in the manner perceived by CDD staff. The Commission will need to reconcile and resolve this issue with the applicable provisions of KIBC 17.72 and KIBC 17.09. Staff has simply provided an analysis of what the city has requested in the application, nothing more, nothing less. If the Commission wants to consider the extinguishment of the prior LI- Light Industrial zone by metes and bounds it will likely need to re- advertise the case to include this aspect. Regarding the research previously performed by staff during the subdivision case, staff found two different approaches to regulating land use in tideland areas. In the City and Borough of Juneau, tideland improvements such as port and harbor facilities are included within tideland surveys and those surveys are zoned appropriately, similar to the manner in which the Kodiak working waterfront is currently reflected on the official zoning map. In the City and Borough of Sitka, the municipality has simply amended its zoning interpretation code chapter (similar to KIBC 17.09) to apply the upland zoning to activities within the adjacent tidelands. Examples of the two approaches to regulating the use of tidelands were obtained from the Internet during the subdivision review process. If that information is still contained in the case file it will be attached to this supplement. Because the zoning information was not considered part of the subdivision case and staff had changed it's recommendation in that case to require a tideland boundary to encompass the sea -plane floats staff had expected that the information would come up again during this zoning request. Because the request did not specifically reference the tidelands, this issue was not investigated as part of Case 09 -002. Staff is aware that the Commission intends to begin revising KIBC Title 17 Zoning, to conform this title with the borough comprehensive plan and to implement new and current thinking in the Case 09- 002 /Supplement Page 2 of 3 P & Z: October 15, 2008 Case 09- 002 /Supplement Public Hearing Item VI -E zoning field. When that point arrives, staff would probably recommend the "Sitka" approach to regulating tideland developments so that mapping may be simplified and all tidelands will be "zoned" on an area -wide basis similar to the way in which the C- Conservation zone was applied borough -wide in 1977. It seems to staff that a more simplified approach to "zoning interpretation" would be preferable to having the kinds of disagreements and related discussion associated with every subdivision and rezone case that occurs along the tidelands. This would not inhibit existing tideland tracts from being zoned to the extent of the boundaries so long as the legal description is specifically mentioned in a zoning ordinance. But other tideland areas that might be developed without benefit of a tideland tract would also be regulated by zoning such that the Commission and Assembly would be more clearly in the loop for developments within the corporate limits of the borough. Page 3 of 3 P & Z: October 15, 2008 Ms. Linda Freed 710 Mill Bay Road Kodiak, AK 99615 Re: Case 09 -002. Request a rezone, according to KIBC 16.40, of certain areas within proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C- Conservation to LI -Light Industrial. Dear Ms. Freed: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us September 18, 2008 The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on September 17, 2008 postponed action on the case referenced above until their October 15, 2008 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496 -9363. Sincerely, C441e610‘ QOmCih Sheila Smith Secretary Current Location P & Z Case # 09 -002 City of Kodiak Request: A rezone, according to KIBC 16.40 of certain areas within proposed Tract F within USS 2261 & USS 4947 from C- Conservation to LI -Light Industrial 0 Feet 1,000 2,000 3,000 Legend Subject Parcel 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 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. Current Zoning P & Z Case # 09 -002 City of Kodiak Request: A rezone, according to KIBC 16.40 of certain areas within proposed Tract F within USS 2261 & USS 4947 from C- Conservation to LI -Light Industrial Feet 0 1,000 2,000 I I 1 Ordinance 96 -15 (C to LI) Subject Parcel Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend 1 // Two Family Residential Multi Family Residential Retail Business Rural Neighbor Commercia Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone parcels Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. P & Z Case No. 09 -002 City of Kodiak 2008 Borough Comprehensive Plan Kodiak Island Borough - Kodia Cai mElrcial;EtiS1 Can servatoon Future Special PI III Industrial /Light In Open SpacelRec KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Property owner's name LIttl_eF D Property owner's mailing address City Home phone Agent's name (If ap Agent's maili City Home phone address State (4 d_ p Zip Work Phone licable) E -mail Addr. State Zip Work Phone E -mail Addr. Property ID Number /s Property Information Leg d1 Description Current Zoning: Applicable Comprehensive Plan: I�IFj Year of Plan adoption: 2. Present Use of Property: o l Proposed Use of Property: 133r -4 : CSR (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review Is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak island Borough Code, which Includes a detailed site plan for variance and conditional use requests and which may Include optional supporting documentation as indicated below. Additional Narrative/History As -built Survey Photographs Date Maps Other Authorized Agent's Signature Date A development plan for one or more Tots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLWzc 7/29/. q 1l H Code Section(s) Involved: 15: =4. Variance (KIBC 17.66.020) $250.00 I 0 Conditional Use Permit (KIBC 17.67.020.B) $250.0 1 , . d Other (appearance requests, site plan review, etc.) 1 ?t bi 1 , z. Zoning ch a from to (KIBC 1 .`{49(p�) Application received A 74 9/ v g Staff signature PAYMENT VERIFICATION `Zoning Change, Fee Scheduie: (pe • KIL Assembly. Resoluiioa Eft July i.2t)05) Less than 1.75 acres S350.00 176 76 io 5.i)0 acres 5750.00 1 to 40.00 aere'ti S 1.000,0f D4 -oo .z 10 • of ff nk 1 � .1 1 1 z 4 1 11 1 1 1 \ \ d Q 1 1 ; 11 (,: 0 1 11 1 Ho f �➢ ^+ i " '75 " Ni . '<ft , , , 1 . z ?, , _. ,- . .-...',.,,. . ./ „ ,:4‘4,t6.*.640t4441,1. - r 1: . — 1 0 S UR` F r do /e6 DATE: August 25, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the September 17, 2008 Regular Meeting CASE: 09 -002 APPLICANT: City of Kodiak REQUEST: A rezone, according to KIBC 16.40, of certain areas within proposed Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C- Conservation 4 LI -Light Industrial. LOCATION: Proposed Tract F within U.S. Survey 2261 & U.S. Survey 4947, Near Island ZONING: Split Lot Zoning: C- Conservation & LI -Light Industrial (19) public hearing notices were mailed on August 20, 2008. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identifies this area of Near Island as R1- Single Family Residential. An eleven (11) acre tract, identified as Tract F in the immediate vicinity of the float plane site on Trident Basin was rezoned in 1980 to B- Business by Ordinance No. 80 -4 O(a). This area was rezoned to C- Conservation in 1988 by Ordinance No. 88 -01 -0. Ordinance 96- 15 rezoned portions of the uplands and tideland tract from C - Conservation Zoning District - Conservation to LI -Light Industrial Zoning District. 2. Lot Size: 11.9 acres 3. Existing Land Use: Aviation related, Sea Plane Base & support facilities. 4. Surrounding Land Use and Zoning: North: Unsubdivided portions USS 4947 & USS 2261 Use: Vacant Zoning: C - Conservation Zoning District South: Trident Basin Use: Water related Zoning: N/A 09 -002 Staff Rpt MEMORANDUM Public Hearing Item VI -B Page 1 of 7 P & Z:Sept.17, 2008 East: Trident Basin Use: Water related Zoning: N/A West: United States Survey 4947 Use: Vacant Zoning: C - Conservation Zoning District 5. Comprehensive Plan: The 1968 Comprehensive Plan does not indicate a current use. The 1968 Plan indicated a future (Year 2000) use of Public and open Space. Ordinance No. 80- 3 -0(a), dated February 1, 1980, amended the Borough Comprehensive Plan reclassifying all the lands on Near Island consistent with this reclassification. Ordinance No. 87 -31 -0 further amended the Borough Comprehensive Plan by repealing the Near Island Comprehensive Plan dated February 1, 1980 and incorporating the Near Island Comprehensive Plan dated August 27, 1987. The 2008 Borough Comprehensive Plan identifies a proposed future land use(s) as Industrial / Light Industrial, and specifically identifies a Sea Plane Base. 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: 17.72.030 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 09 -002 Staff Rpt Public Hearing Item VI -B Page 2 of 7 P & Z:Sept.17, 2008 Public Hearing Item VI -B 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 /Industrial 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: N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. This action will result in no change in public access to the shoreline nor adversely impact scenic views. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. 09-002 Staff Rpt Page 3 of 7 P & Z:Sept.17, 2008 Public Hearing Item VI -B 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: Yes. The natural slopes and vegetation adjoining the area will provide buffering and safeguards against any conflicts that may arise from potential incompatibilities of future mixed uses. 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: Yes. The CUP and detailed site plan approval for the float plane facility specifically included associated structures and development including parking, access traffic circulation, hanger Tots, fuel storage, and rock removal. 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. COMMENTS CONFORMANCE WITH THE COMPREHENSIVE PLAN: A rezone from the C - Conservation Zoning District to the Light Industrial Zoning District will be consistent with the intent of the most recently adopted Borough wide, and Near Island Comprehensive Plans. ZONING /USE: 17.27.010 Description and intent. The LI -Light Industrial Zoning District is established for the purpose of providing for most commercial uses. It is intended specifically to provide for land intensive commercial uses, including some types of manufacturing, repairing, and assembling of goods, particularly those related to the fishing industry. This district's uses are intended to be conducted in a manner not detrimental to the rest of the community by reason of the emission or creation of noise, vibration, smoke, dust, or other particulate matter, toxic or noxious materials, odors, fire, or explosive hazard, or glare or heat. 09 -002 Staff Rpt Page 4 of 7 P & Z:Sept.17, 2008 Public Hearing Item VI -B 17.27.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. New airports (when a facility is granted a CUP, all aviation related uses will be considered permitted uses). The original Trident Basin Float Plane Facility received a Conditional Use Permit in March of 1995 (Conditional Use Permit Case No. 95 -003). The initial success of the facility, the desire to expand the services offered, and the mandates of new security requirements provide suitable rationale to view this current rezone application as a natural progression of the maturation of the original development plan. LAND SUITABILITY: The suitability of this land for rezone to Light Industrial Zoning District in order to permit a float plane facility and related structures was well documented in the CUP analysis. RECENT DEVELOPMENT TRENDS IN THE AREA: Water and sewer mains, along with electrical service, were installed the length of Trident Way in 1995. The original floatplane facility, completed in the summer of 1996 became operational the same year. Since that time, the Near Island Research Facility has been completed and occupied. In collaboration with the City of Kodiak, the Kodiak Island Borough is moving forward with conceptual planning for the development of a new fish and game administrative and research facility. This facility would be located adjacent to the Near Island Research Facility and would be occupied by state agencies. "... co- location would bring increased efficiency and cooperation in achieving the common goals of insuring solid science, reliable research, and technical answers to our increasing need for responsible fishery resource extraction in the marine environment. "' The City of Kodiak's Marine travel lift is currently under construction with an estimated completion date of May 2009. The boat yard supported by the lift is an "open yard ", i.e., independent contractors will have the ability to compete for vessel repair work. Employment opportunity estimates indicate that somewhere in the neighborhood of 47 positions will be retained or created. In addition, estimates include the possibility of the creation of approximately 15 employment positions drawn from the school district's vocational education program. The prospect of an industrial marine repair facility, to include a covered building and dry dock is envisioned as an opportunity to expand upon the potential of the new travel lift. In addition to the marine travel lift, two projects are in the development stage. Private firms are engaged in the design of a professional office building and a marine industry support building to be located on Near Island. 1 Kodiak Island Borough Needs Assessment Brochure 2002. 09 -002 Staff Rpt Page 5 of 7 P & Z:Sept.17, 2008 Public Hearing Item VI -B TRAFFIC IMPACTS: This rezone action is not expected to result in any adverse traffic impacts. The original spur road construction serving the facility was designed to handle high traffic counts, and there appears to be sufficient land area within the tract in order to provide required off - street parking. 09-002 Staff Rpt Page 6 of 7 P & Z:Sept.17, 2008 Public Hearing Item VI -B RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation of approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of proposed Tract F within USS 2261 and USS 4947 from C- Conservation to Light Industrial Zoning District, and to adopt the "Findings of Fact" in the staff report dated August 25, 2008, in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: [1] 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from C- Conservation to LI -Light Industrial is needed and justified because the LI -Light Industrial zoning district permits development that: A. is consistent with current and proposed development trends in the area; B. is suitable for this site, given the physical characteristics and location of the tract; C. will not create any nonconforming land uses; D. is consistent with the Near Island Comprehensive Plan [2] 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the area identified as and granted a CUP for a floatplane facility in Trident Basin is consistent with the intent and objectives of the Near Island Comprehensive Plan. In the section described as "Description of Development Categories and Allowable Land Use," the Near Island Comprehensive Development Plan (1987) identifies a possible float plane facility to "...include docking and tie -down areas, a shore -based haul out area for maintenance, and parking areas" (p. 14). The maps accompanying that plan specifically designate Trident Basin as the site for a proposed floatplane facility and aerodrome. This intent dovetails with long- standing Port of Kodiak harbor plans to eliminate the extremely dangerous situation of boats and float plane traffic sharing the crowded St. Paul's Harbor Channel. 09 -002 Staff Rpt Page 7 of 7 P & Z:Sept.17, 2008 Kashevaroff Associates C/O Cherrier King CHerrier PO Box 1621 Kodiak, AK 99615 Russian Orthodox Church (x2) PO Box 210569 Anchorage, AK 99521 Kodiak Plaza Associates Cherrier King Cherrier PO Box 1621 Kodiak, AK 99615 Harbor Enterprises PO Box 389 Seward, AK 99664 City of Kodiak PO Box 1397 Kodiak, AK 99615 Wade & Sherry Ball PO Box 3361 Kodiak, AK 99615 Alaska Real Estate Co. Gary Gilbert PO Box 74 Kodiak, AK 99615 Guyneth Gottschalk Revocable Trust C/0 Associated Island Brokers 202 Center Ave, Ste 101 Kodiak, AK 99615 Alagnak Inc. PO Box 1275 Kodiak, AK 99615 American Legion Inc. 318 Center Ave. Kodiak, AK 99615 Shoonaq Tribe of Kodiak 312 W. Marine Way Kodiak, AK 99615 William & Teresa Bishop 302 W. Marine Way Kodiak, AK 99615 United States of America USFW /Division of Realty 1011 E. Tudor Road Anchorage, AK 99503 Alaska State Bldg Authority PO Box 230329 Anchorage, AK 99523 National Bank of Alaska C/0 Deloitte Tax LLP PO Box 2609 Carlsbad, CA 92018 Elk's Lodge #1772 PO Box 846 Kodiak, AK 99615 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Alaska Fresh Seafoods 105 Marine Way Kodiak, AK 99615 Trident Seafoods, Corp. 5303 Shilshole Ave NW Seattle, WA 98107 Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C- Conservation To Li- Light Industrial Zoning District (Case 09 -002.) Public Hearing Notices were mailed to the following 20 recipients on Monday, November 10, 2008. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, December 4, 2008 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C- Conservation To Li- Light Industrial Zoning District (Case 09 -002.) If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, Email to niaviera,kodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on December 4, 2008. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Public hearing form • Map • Ordinance No. FY2009 -10 PUBLIC HEARING FORM Ordinance No. FY2009 -10 Rezoning Proposed Tract F Within US Survey 2261 And US Survey 4947 From C- Conservation To Li- Light Industrial Zoning District (Case 09 -002.) ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to niavierCa�kodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, December 4, 2008. Current Location P & Z Case # 09 -002 City of Kodiak Request: A rezone, according to KIBC 16.40 of certain areas within proposed Tract F within USS 2261 & USS 4947 from C- Conservation to LI -Light Industrial Legend © Subject Parcel 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 ldamation:USGS Digital Elevation Model Kodak, Alaska. 50 foot intervals. Scale b 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 h manual files wMch may be more up-to-date. Kodiak Island Borough Community Development Department. Kashevaroff Associates C/O Cherrier King Cherrier PO Box 1621 Kodiak, AK 99615 Russian Orthodox Church PO Box 210569 Anchorage, AK 99521 Harbor Enterprises PO Box 389 Seward, AK 99664 Wade & Sherry Ball PO Box 3361 Kodiak, AK 99615 Guyneth Gottschalk Revocable Trust C/0 Associated Island Brokers. 202 Center Avenue, Suite 101 Kodiak, AK 99615 American Legion Inc. 318 Center Avenue Kodiak, AK 99615 William & Teresa Bishop 302 W. marine Way Kodiak, AK 99615 Alaska State Bldg Authority PO Box 230329 Anchorage, AK 99523 Russian Orthodox Church PO Box 210569 Anchorage, AK 99521 Kodiak Plaza Associates Cherrier King Cherrier PO Box 1621 Kodiak, AK 99615 City of Kodiak PO Box 1397 Kodiak, AK 99615 Alaska Real Estate Co. Gary Gilbert. PO Box 74 Kodiak, AK 99615 Alagnak Inc.. PO Box 1275 Kodiak, AK 99615 Shoonaq Tribe of Kodiak 312 W. Marine Way Kodiak, AK 99615 Untied States of America USFW /Division of Realty 1011 E. Tudor Road Anchorage, AK 99503 National Bank of Alaska C/O Deloitte Tax LLP PO Box 2609 Carlsbad, CA 92018 Elk's Lodge #1772 PO Box 846 Kodiak, AK 99615 Alaska Fresh Seafoods 105 Marine Way Kodiak, AK 99615 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Trident Seafoods Corp. 5303 Shilshole Ave NW Seattle, WA 98107 TITLE: SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 4, 2008 REGULAR MEETING ITEM NO: 9.B Ordinance No. FY2009 -11 Rezoning A Tract Of Land In The Larsen Bay Townsite Legally Described As Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business District (Case No. 03 -011.) The Community Development Department received this rezone case in 2003. It was postponed 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 in September to hold public hearings on this request. . There were a number of parcels requested in this rezone. After public testimony, the commission is only recommending one of the lots. It is the parcel where the existing Uyak Bay Lodge is presently located. The applicant is in agreement with the Commission's decision. After the September 20, 2008 public meeting in Larsen Bay 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 Larsen Bay Townsite, Tract A, Block 3, Lot 1 is request for rezoning. The Commission's "findings of fact" supporting its decision has been incorporated into an ordinance prepared for the Assembly. The materials reviewed by the Commission are also included with this case packet for Assembly consideration. 28 Public Hearing notices were mailed out on November 10, 2008. Any responses will be presented at the meeting. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -11. 1 Introduced by: Manager Gifford 2 Requested by: Manager Gifford 3 Drafted by: CDD Staff 4 Introduced: 11/06/2008 5 Public Hearing: 12/04/2008 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -11 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A 11 TRACT OF LAND IN THE LARSEN BAY TOWNSITE LEGALLY DESCRIBED 12 AS TRACT A, BLOCK 3, LOT 1 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B- BUSINESS DISTRICT (CASE 03 -011) 14 15 WHEREAS, the Uyak Bay Lodge is a long established hunting and fishing lodge; and 16 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 17 lodge is located upon from R1- Single Family Residential to B- Business in 2003, in keeping with 18 the use of the property for lodge purposes; and 19 WHEREAS, the Commission postponed this initial rezone request in 2003 pending completion 20 of the new Kodiak Island Borough Comprehensive Plan; and 21 WHEREAS, with the completion of the comprehensive plan the Commission flew to the 22 Larsen Bay community in May and September to conduct two public meetings to take public 23 testimony from the village residents on the rezoning request of these and other parcels; and 24 WHEREAS, The commission is recommending that the Assembly find that a rezone to the B- 25 Business zoning district of this lot is generally consistent with the Comprehensive Plan. 26 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Larsen Bay Townsite, Tract A, Block 3, Lot 1 be rezoned from R1- Single Family 30 Residential to B- Business District subject to the effective clause stating: 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 17.72.020 A. Findings as to the Need and Justification for a Change or 40 Amendment. 41 Kodiak Island Borough Ordinance No. FY2009 -11 Page 1 of 2 42 The purpose of the rezone is intended to create commercial zoning district to 43 accommodate existing lodge uses and structures located along the eastern edge 44 of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is 45 needed as the only feasible way for them to move into zoning compliance status. 46 This request has been held in abeyance for five or more years awaiting an 47 update to the KIB Regional Comprehensive Plan and it is now time to make 48 these long awaited decisions in order to restore and maintain the balance 49 between residential and commercial uses in the Larsen Bay community. 50 51 Because the community leadership capacity has diminished in recent years due 52 to the turnover of leadership and administrative staff, the recommendations in 53 this case are limited to those lots where existing lodge use and structures are 54 established in order to maintain the status quo level of both commercial benefits 55 to the community and related community impacts associated with lodge uses. 56 The current RUBA report and associated utility rate study, in conjunction with the 57 most recent resolution adopted by the Larsen Bay City Council indicate a need 58 for change to occur in the community leadership and administration in order to 59 re- establish continuity of government operations and restore community 60 sustainability before more commercial development potential is considered for 61 the Larsen Bay Community. 62 63 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 64 the Obiectives of the Comprehensive Plan. 65 The Kodiak Island Borough has not established a Mixed -Use zone in order to 66 fulfill the literal intent of the plan designation. As a result, the Mixed -Use 67 designation will need to be fulfilled on a case -by -case, lot -by -lot, zone -by -zone 68 basis, in conformity with a generalized view of the comprehensive plan 69 designations as previously discussed in the staff report. 70 71 While the recommended zone changes are not entirely consistent with the 72 explicit plan map designations in the KIB Regional Comprehensive Plan Update, 73 the recommendations do take into account existing development patterns, 74 community comments, plan recommendations (generally) and the sustainability 75 of the community infrastructure and social fabric of the community. 76 77 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 78 THIS DAY OF , 2008 79 KODIAK ISLAND BOROUGH 80 81 82 83 ATTEST: Jerome M. Selby, Borough Mayor 84 85 86 87 Nova M. Javier, CMC, Borough Clerk 88 Kodiak Island Borough Ordinance No. FY2009 -11 Page 2 of 2 de vernment operations and restore community sustainability before more commercia lopment potential is considered for the Larsen Bay Community. 17.72. i 0 B. Findings as to the Effect a Change or Amendment would have on the Objec ' es of the Comp -hensive Plan. The Kodiak and Borough has not established a Mixed -Use zone in order to ill the literal intent of the pl. • esignation. As a result, the Mixed -Use designation will need • be fulfilled on a case -by -case, lo • y -lot, zone -by -zone basis, in conformity with a gene ized view of the comprehensive plan • . ignations as previously discussed in the staff repo While the recommended - one changes are not entirely consistent th the explicit plan map designations in the 2008 K ' Regional Comprehensive Plan Up • : e, the recommendations do take into account existing deve • •ment patterns, community c• ents, plan recommendations (generally) and the sustainabilit of the community infra cture and social fabric of the community. The question was called and it CARRIE ► 4 -0. Dvorak clarified this is the Uyak Bay Lodge ► C d is comprised of 4 separate parcels. COMMISSIONER JANZ MOVED to reco - ' d that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subd' ision, . ct A; Block 2, Lots 2 and 3, and Block 3, Lots 1 and 2, from R1- Single - family ' - idential to : :usiness, subject to an effective clause, and to adopt the "Findings of Fact" the staff report • . ed September 10, 2008 in support of this recommendation. The motion as SECONDED by CO MISSIONER KERSCH. Close regular meeting: Open public hearing: Tim Carlson stated he w : ld support Lot 1 being Commercial and Lot - ave Residential. Joel Wattum, Uyak : ay Lodge, spoke in support of just the one lot wit the structure to be rezoned. Teresa Carls • asked the commission to speak louder because she can't hear a being said arlson is not in support to all 4 lots being rezoned. Close ► blic hearing: Op - regular meeting: ommission discussion. The question was called and it FAILED 4 -0. COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 3, Lot 1 from R1- Single - family Residential to B- Business, subject to an effective clause, and to adopt the "Findings of Fact" in The staf' report dated Septemmer 10, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JUENGER. 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 Assc'I'nbly approval, this approval shall become null and void. Kodiak Island Borough September 20, 2008 of what is P &Z Guidelines Page 3 of 10 FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) 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. 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. The question was called and it CARRIED 4 -0 Tim Carlson stated he thought the commission said at the last meeting that the commission wasn't going to make any decisions until the property lines were squared away. Dvorak stated that may have been stated at the last meeting but the staff recommendation at this meeting is to forward this recommendation for the one lot with the effective clause that states the petitioner will obtain zoning compliance within 24 months or the rezone shall become null and void. They have to meet all requirements. CO approve the rezoning o a Residential to B- Business, September 10, 200 SE Kodiak Island Borough September 20, 2008 JANZ MOVED to recommend that the Kodiak Island e motion. and to ad ubdivision, Tract A s ort of this recommendation. ssembly , o 4 from R1- Single - family of Fact" in the staff report dated SIONER JUENGER P &Z Guidelines Page 4 of 10 Current Location P & Z Case # 03 -011 Michael & Lisa Carlson, Uyak Bay Lodge, LLC Tammy Helms Request a Initiation), Block 2, rezone, in accordance with of Larsen Bay Subdivision, Lots 2, 3 & 4, and Block 3, Family Residential to KIBC 17.72.030 (Manner of Tract A, Block 1, Lots 1 - 3, Lots 1 & 2 from R1- Single B- Business. 0 TRACT � USS 4872 TR "B" N \Al - s 312.5 I I 1 E 625 Feet TL Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. Current Zoning Larsen Bay Rezone Requests Agent: Multiple Request: Rezone from R -1 SFR to B- Business Elevent (11) total parcels 1 Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend 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 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 hies 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 (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 Parcels Legend Parcel Selection; Uyak Bay LLC & City w Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. LOCATION: ZONING: 2. Lot Size: Lot 1, Block 1 Lot 2, Block 1 Lot 3, Block 1 Case 03- 011 /Staff Report MEMORANDU DATE: September 10, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the Sept. 20, 2008 Regular Meetin 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 East end of Larsen Bay Townsite Subdivision R1-Single-family Residential 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 MB Ordinance No. 77 -19 -0. Since that time, four additional rezones were approved for Larsen Bay in MB 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. 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 Page 1 of 28 September 20, 2008 4. Surrounding Land Use and Zoning: Case 03-011/Staff Report 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: R1- 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 1A, 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); Page 2 of 28 September 20, 2008 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 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: Case 03- 011 /Staff Report Public Hearing Item VI -A 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 Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: 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: Case 03- 011 /Staff Report Public Hearing Item VI -A N /A. This action will result in not result in a reduction of public access to the shoreline nor adversely impact scenic views. 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. Page 4 of 28 September 20, 2008 6. Accessory Development Consistent: 7. Wetlands Residential Development 1. Location Consistent: 2. Open Space Case 03- 011 /Staff Report Public Hearing Item VI -A 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. N /A. No accessory development is proposed along the shoreline. 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. 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. Page 5 of 28 September 20, 2008 Population 3. Access 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. 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: 5. Wetlands 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 MB 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 ReMulations 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 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: 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 Public Hearing Item VI -A ❖ Provide for orderly development; + Lessen street congestion; ❖ Promote fire safety and public order; ❖ 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. Page 8 of 28 September 20, 2008 Public Hearing Item VI -A 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: ❖ 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: ❖ 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 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. Policies: Case 03- 011 /Staff Report ❖ 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 Implementation Actions: ❖ Require development to avoid or minimize potential adverse impacts to subsistence resources and activities. Goals, Policies & Implementation Actions (Economy) Public Hearing Item VI -A 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 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 03- 011 /Staff Report Public Hearing Item VI -A • 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 Public Hearing Item VI -A Implementation Actions: • Assist local government entities with their efforts to secure funding for capital improvement projects. Goals, Policies & Implementation Actions (Housing) 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. 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 Policies: Goals, Policies & Implementation Actions (Transportation) Case 03- 011 /Staff Report Public Hearing Item VI -A 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. ❖ 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. Page 13 of 28 September 20, 2008 Public Hearing Item VI -A 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 ❖ 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 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. Public Hearing Item VI -A 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, MB, 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 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: 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. ❖ 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. 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 ❖ 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. ❖ 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 Emerpencv 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 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: 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: ❖ 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. ❖ 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 Public Hearing Item VI -A Page 18 of 28 September 20, 2008 Public Hearing Item VI -A ❖ 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) 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 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. 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: ❖ 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: Case 03 -011 /Staff Report ❖ 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. 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 20 of 28 September 20, 2008 Chapter 11— Please see attached excerpt Case 03- 011 /Staff Report GENERAL COMMENTS 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. 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 Page 21 of 28 September 20, 2008 CONFORMANCE WITH THE COMPREHENSIVE PLAN: Case 03- 011 /Staff Report 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. The 2008 MB 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. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uyak Bay Lodge, LLC). Lots 2 and 3, Block 2 are designated for Commercial and 1 and 2, Block 3, are designated for Residential. These designations are complicated by the fact that the main lodge building is located on Lot 1, Block 3 (designated Residential) and a portion of the adjoining ROW. Although there are a number of access drives approaching the lodge parcel, Lots 2 and 3, Block 2 and Lot 2, Block 3 are currently vacant of any permitted structural developments. It should be noted that there is an un- permitted accessory building located on Lot 2, Block 2, which appears on a recent as -built survey submitted for a related ROW Vacation request. It will be important to keep in mind the general nature of these designations rather than unquestioningly following the map depiction. 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 streets (Third Street and Second Street). Although the main lodge shares a boundary with a residential developed property (Lot 8, Block 3) there have been no zoning complaints filed on the lodge use and/or structures as currently configured. Although the site as very limited frontage abutting Uyak Bay, the lodge building appears to be located with a relatively unrestricted view to the Uyak Bay. Page 22 of 28 September 20, 2008 Public Hearing Item VI -A Request No. 3: Lot 4, Block 2, (Tammy Helms) Lot 4 is designated for Residential development. The lot has an unusual shape given its location between an intersection of streets and the abutting meander line along Uyak Bay. The property is currently vacant. ZONING/USE: 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. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uvak Bay Lodge, LLC). Same comments as for Request No. 1. Request No. 3: Lot 4, Block 2, (Tammy Helms) Same comments as for Request No. 1. LAND SUITABILITY: 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. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uyak Bay Lodge, LLC). Same comments as for Request No. 1. Case 03-011/Staff Report Page 23 of 28 September 20, 2008 RECENT DEVELOPMENT TRENDS IN THE AREA: Public Hearing Item VI -A Request No. 3: Lot 4, Block 2, (Tammy Helms) Same comments as for Request No. 1. 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 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 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 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. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uvak Bay Lodge, LLC). Same comments as for Request No. 1. Request No. 3: Lot 4, Block 2, (Tammy Helms) Same comments as for Request No. 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. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uyak Bay Lodge, LLC). Same comments as for Request No. 1. Request No. 3: Lot 4, Block 2, (Tammy Helms). Same comments as for Request No. 1. 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. Request No. 2: Lots 2 and 3 Block 2; Lots 1 and 2, Block 3 (Uyak Bay Lodge, LLC). Staff recommends that Lot 1, Block 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 Lots 2 and 3, Block 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, Block 1, in the 2008 plan. Case 03- 011 /Staff Report RECOMMENDATION Public Hearing Item VI -A Page 25 of 28 September 20, 2008 Request No. 3: Lot 4, Block 2, (Tammy Helms). Staff recommends that Lot4, Block 2 not be rezoned from R1- Single - family Residential to B- Business. As previously indicated 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. This lot also has other limiting factors relating to size, shape, shoreline and vulnerability to tsunami and storm surge which make it less desirable for commercial development. APPROPRIATE MOTION Should the Commission agree with the staff recommendations, the appropriate motions are: Request No. 1: 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 to 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: EFFECTIVE CLAUSE Case 03- 011 /Staff Report Public Hearing Item VI -A Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 1, Lots 1 and 3, 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 September 10, 2008 in support of this recommendation. 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. Request No. 2: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lots 2 and 3, and Block 3, Lots 1 and 2, from R1- Single- family Residential 1Q 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: Page 26 of 28 September 20, 2008 EFFECTIVE CLAUSE Public Hearing Item VI -A Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 3, Lot 1 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 September 10, 2008 in support of this recommendation. 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 preceding motion should be denied. Request No. 3: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Larsen Bay Subdivision, Tract A; Block 2, Lot 4 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. FINDINGS OF FACT (Applicable to all requests; 1, 2 and 3) 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 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. Case 03- 011 /Staff Report Page 28 of 28 September 20, 2008 Larsen Bay Existing Conditions Page 20 A January. 2008 Attachment 1 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 governed 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: 4 Street and sidewalk maintenance, with assistance from the Tribal Council 4 Electricity 4 Water and sewer 4 Health services provided by KANA 4 Cemetery Kodiaklsland B OROU GH Co m prehenshe Plan Update Chapter EIEVEn J.) Local Communities 5 > n) x a s m a) c c 4, a ((/ 7 0 m m C 3 r__ (D (D ? T. n N N D 0) Chapter Eleven local Communities Figure 11.3 Kodiaklsland BOROUGH Comprehensive Plan Update Page 21 ►, January. 2008 Page 22 January, 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." Kodiaklsland BOROUGH Comprehensive Plan Update Chapter Eleven Local 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 Eleven r, Local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Page 23 A 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 Page 24 January 2008 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. Kodiaklsland BOROUGH Comprehensive Plan Update Chapter ElEven IA 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 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 Eleven A Local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Page 25 r; January. 2008 Page 26 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, 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 a -velop 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. Kodiaklsland BOROUGH Comprehensive Plan Update * 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. Chapter Eleven Local Communities 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 educationa 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 JAI local Communities Kodiaklsland BOROUGH Co mprehensive Plan Update Page 27 A January. 2008 Page 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 Comprehensive Plan Update Chapter Eleven Local Communities * 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. Agiel-14arber Thc City of Old Harbor is located on thc southeast sidc of Kodiak Island on Sitkalidak Strait off the Gulf of Alaska. Thc community is about 70 miles southwcst of Kodiak and 200 miles southwcst of Thc arca around Old Harbor is thought to have bccn inhabited for nearly 7,500 years. The present day Natives arc Alutiiq or of mixed Alutiiq European hcritagc. Thc Thrcc Saints Bay arca (now Old Harbor) became the first Russian colony in Alaska after its discovery by Crigori Shclikov and his "Thrcc Saints" flagship in 1784. A tsunami dcstroycd thc original settlement in 1788, and two more earthquakes struck thc arca by 1792. The town relocated to "Saint Paul's Harbor," community was rebuilt in thc same location, and was incorporated as the City of Old Harbor in 196 R Today, Old Harbor is a rich mix of old family names such as Christiansen, Haakanson, Peterson, Zccdar, Ingo and Pcstrikoff that represent a mix of the many cultures that have made Old Harbor their home over time. This mix has resulted in a unique community, blending elements of the older Sugpiaq traditions, the grounding of the Russian Orthodox religion and a strong, subsistence based lifestyle with thc newer influences from mainstream culture. In thc last 15 years, many community members of Sugpiaq Alutiiq descent have been experiencing a resurgence of pride in their culture. The community has bccn an important center for much of this. Today, Old I larbor has an Alutiiq Dancc Croup, thc Nuniaq Dancers Chapter Eleven Local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Page 29 ►� January. 2008 LARSEN BAY POPULATION 1982 to 2007 Figure 1 250 200 150 100 50 0 POPULATION 19821983 19841985 1986 1987 1988 19891990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 20012002 2003 2004 2005 2006 2007 --POPULATION 08 -022 Larsen Bay Townsite, Tract A, Block 16, Lot 12 (Kodiak Lodge Unknown 000'00$ - 001o1 000 - 00 101 um0u7un ON 08801 ON Unknown Unknown Yes (Water only, septic system for onsite wastewater disposal) sa0 007 Yes 240388 Kodiak Lodge at Larsen Bay LTD Unknown Unknown oN Unknown ON ON Unknown Commercial 08 -021 Larsen Bay Townsite, Tract A, Block 3, Lot 3 VN unto uysin 008'15 E len Lot 3 - $0.00 (Vacant) Unknown VN VN tlN VN ON sa0 Sao 95 saA VN VN VN VN VN VN ON ON 05 ON VN 100407403 03 -018 Larsen Bay Townsite, Tract A, Block 16, 100 10 4mouy tin umouyun Lot 10 - $6,300 009'009 - 00 101 Unknown oN 098101 05 Unknown Unknown umouslun City Water Only; On -site Wastewater Disposal 500 500 umouyun Unknown Unknown oN Unknown Unknown Unknown le lazawwOD 03 -016 Larsen Bay Townsite, Tract A, Block 19, Lot 4 umouyun Unknown 0 0 1' 59 -0101 009'019 - 8101 umou7u ON Unknown • Single- family Residential Unknown Unknown Unknown City Water Only; On -sde Wastewater Disposal 080 004 Unknown Unknown Unknown ON umouyun 05 Unknown Unknown Commercial 03 -012 ,Larsen Bay Townste, Tract A, Block 7, 'Lot 4 and Block 8, Lots 3, 4 and 5 Kodiak Charters Lodge Unknown Lot 3 - $3,500 Lot 4 - $3,500 Lot 5 - $3,200 (87) Lot 4 - 53,400 Lot 3 - $27,500 Lot 4 - 50.00 (Vacant) Lot 5 - 50.00 (Vacant) (87) Lot 4 - $36,700 40006703 ON Unknown Single- family Residential (one 5FR on Lot 4, 816 7 and one SFR on Lot 3, 131k8 Unknown Yes Unknown saA saA 507 a4o0 5500047 7eip09 080101 saA Unknown Unknown ON umouyun 05 L umouyun Unknown Mixed Commercial/Waterfront/Residential 03 -011 Larsen Bay Townsite, Tract A, Block 3, Lots 1 and 2 Uyak Bay Lodge u (swum un Lot 1 - $10,000 Lot 2 - $4,800 Lott - $208,200 Lot 2 - $0.00 (Vacant) Unknown 05 09801 oN sa0 804 Unknown 500 500 L 5aA Yes 907797 Uyak Bay LLC Unknown Unknown 05 UMOU7un ON Unknown Unknown lenuapisa8 03 -011 Larsen Bay Townsite, Tract A, Block 2, Lots 1, 1.4 and 2-4 lueaeA ON Lot 1 - $3,800 Lot 1.4 - 55,200 Lot 2 - $20,000 Lot 1 - 53,800 Lot4 - $30,000 Lot 1 - $0.00 (Vacant) Lot lA - 50.00 (Vacant) Lot 2 - $0.00 (Vacant) Lot 3 - $0.00 (Vacant) Lot 4 - $0.00 (Vacant) 08 05 au0N ON VN VN VN VN VN 05 05 ON VN VN1 ON VN VN VN Lots 1 and 16 - Residential; Lots 2 and 3 - Commercial; lot 4 - Residential 03 -011 Larsen Bay Townsite, Tract A, Block 1, Lots 1 -3 Larsen Bay Lodge Complex umouyun Lot 1 - 510,000 Lot 2- 510,000 Lot 3 - 533,600 Lot 1- $188,300 Lot 2 -50.00 (Vacant) Lot 3 - 5148,600 Unknown -_ -- Maybe No Residential and Lodge 5aA 5aA 40504yun 800 50Al 007 Yes 727508 Larsen Bay Adventures, LLC; 403098 Larsen Bay Adventures; 208639 Larsen Bay Lodge INC 05000747 umouyun ON umouyun 'sap EA ON umouyun umouyun Mixed Commercial/Waterfront/Residential Case Number Legal Description �- smo5S /aanzmug (8l I No 041 01) Yea pae to luau5Aed 505 3717 '8 53x03 eorou_h Land Assessed Value TY2007) Borough Building Assessed Value (TY2007) L I l xel sales 1717 Structure Grandfathered Structure(s) or use ? Zoning Compliance ? Original Building Design Category (Lodge, B &B, SFR) Provide Hunting Services ? Provide Fishing Services 7 Provide Other Services ? City Services Served by City Water and Sewer ? Water and Sewer Rate Served by City Power Electrical Power Rate Served by City Garbage Sta Reaeimrents Alaska Business License Business license Number Fire Marshal Review Fire Marshal Permit No. r m Zoning compliance Permit Borough Tax Paid TY2007 Parcel Size Building Height AaN Commun Benefits Owner live in Larsen Bay? lodging Use Hire Local Employees ? Comorehensive Plan Issues Comprehensive Plan Designation 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 Progm 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 El El Z ® ❑ Sustainable Indicators El El CI El ® ❑ El Z 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. ® ❑ The utility has a cash disbursement system that records how money was spent. Sustainable Indicators • ❑ ® ❑ 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. Monthly bank reconciliations have been completed for all utility accounts. Essential Indicators Report Page 4 Tax Problems Essential Indicators Yes No NA ® ❑ ® ❑ ® ❑ El El El El 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 I=1 IZI 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. 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 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 policy making body meets as required. ® ❑ The utility complies with the open meeting act for all meetings. The utility has adopted an organizational chart that reflects the current structure. 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 N ❑ N ❑ 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 ❑ N 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. ❑ N The utility has a safety manual and holds safety meetings. N ❑ Utility facilities have not suffered any major problems /outages due to management issues that are still unresolved. ❑ N The utility is operating at the level of service that was proposed. N ❑ The operator provides status reports to the manager on a routine basis. N ❑ The utility has completed and distributed its Consumer Confidence Report (CCR). ❑ N The utility meets all required regulations (is not on the Significant Non - Compliance (SNC) list). ❑ N The utility maintains an inventory control list. ❑ N The utility maintains a critical spare parts list. 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 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 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 07101/09 Cash Bats City of Larsen Bay -2003 Profit & Loss by Class July 2007 through Juno 2008 water & Sewn TOTAL ()angry Income/Expense Income Income 14,232.50 14,232.50 Total Income 14,232.50 14,232.50 Gross Profit 14,232.50 14,232.50 Expense Chemicals S Testing 8,112.60 8,112.80 Dues & Subscriptions 50.00 50.00 EiseMdty 4,896.85 4,896.85 Fright 329.88 329.88 Fuel Oil 1,301.01 1,301.01 Meraanc. & Barring 3,251.00 3,251.00 Parts & Supplies 1,437.80 1,437.80 Payroll Expanses 11,885.92 11,865.92 Payroll taxes 1,138.64 1,136.64 Postage 5.03 5.05 Travel Airfare 94.50 94.50 Per Dan 500.00 500.00 Travel • Other 224.40 224.40 Total Travel 818.90 818.90 Total Expense 31,025.45 31,025.45 Met Ordinary Income - 16,792.95 - 16.792.95 Net Income - 16,792.96 - 16,792.95 SUBJECT: Larsen Bay Water /Sewer Utility Rate Study 1 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 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 Proposed 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: 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 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 Post Office VPSO City Office Tribal Office Lg Commercial Larsen Bay Lodge Uyak Bay Lodge Kodiak Charters Island Resort Kodiak Lodge Sm Commercial Foxtail Lodge O'Brien's Seafoods Sourdough Bay Lodge Observations: 9 months 3 months 9 months 3 months 9 months 3 months 4 months 8 months 4 months 8 months 4 months 8 months 4 months 8 months 4 months 8 months Projected annual revenue 52.00 52.00 52.00 52.00 52.00 220.19 46.00 220.19 46.00 220.19 46.00 220.19 46.00 220.19 46.00 95.00 46.00 95.00 46.00 95.00 23.00 624.00 624.00 624.00 624.00 624.00 1,648.78 114.82 1,648.78 114.82 1,648.78 114.82 732.79 306.18 732.79 306.18 316.16 306.18 316.16 306.18 316.16 153.09 $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. 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 -2239 E -MAIL: CITYOFLARSENBAY@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 gready 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 /%t, h r J C SIGNED: f Li,__ l /I (Mayor) A 1 I EST: (Secretary Treasure) ,A0©? To Whom It May Concern: This letter is to acknowledge that the the property listed as lots 1, la, 2, significance to our Tribe. There have as well as human remains. Jennifer Moe Vice President Native Village of Larsen Bay Tribal Council z Native Village of Larsen Ba and 3 as places of hist been and continue to be a Thank you for your time and acknowledgement of this matter. Sincerely, AY cu, Tribal Counci cal findings a ifacts found in PH0 8-47-2207 FAX {9071 847-2307 1PO Box 50 LiAreaeN Bab AL:A.sic." 99624 recognizes d historical area d 0:170 90 6 1. cled 0 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: Sincerely, J. David McMahan Alaska State Archaeologist, Deputy State Historic Preservation Officer 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. "Develop, Conserve, and Enhance Natural Resources for Present and Future Alaskans." � . .io�.�oo.k��www � '-� � U. S. SURVEY No.4872 • CMKRwtID MOwuKMT O . �g ��p,�o,,,q, / , TOWNSITE OF IARSEN BAY, A�ASKA •t�[11I'W�/P 100 SO C �OG t40 �.Tri_ M lrhteaa a4w1d b� rde CO 9Lcet io. 1� �srt�nar NM�»�t [Or ntney tnloertSm. `�- !�� .r.e.rp�wrrr � -� - / , � , - o � � ������� � 4qsE � � ev�u v � � e y �^1-_ �� `�: ��A� /Sf�t� t� b :lul�3p�cm� D. 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Y� � � , .'''' `, ,,.;.°` ' -' � °4 O .' ��. � .�►''` � . . �"� �; • � "�„c : �� .� � ' ` � � 'V�� ..� `��•�t � ��,.� � '� �•'' , � �' Approx. archaeological "" ���=� ^'"'` anv'r a-e h � � " � O � .�� �r,� �� , s�,���, site boundary (KOD-145). a � TY,,���° , � � \ �i�// �� �� w $� �, � ,�. � = n,,.1 ; ,�, `�,,, � ,�. � ''r � w ,��• � �'' / �.�`�s� rr ` � . y' .- 1Mt�0 � �� a� Duane Dvorak Subject: FW: Larsen Bay Comp Plan From: Allen Walburn [mailto:awalburnl ©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 Sincerely, Allen Walburn Managing Partner Alaska's Kodiak Island Resort 1 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 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. This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, 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. / /+ 45"6"7 � tinder Qeyver 4n s� Your Name: V C r 1. a Mailing Address: 4pl•aL i4 Ks lobo O93 Your property description: L A SETI .1 qy ..13Loc k -5 2 107 , , comments: Re' (tom rot M t 1 7 . �orn AtLsw tte.lofwswi ai QAWttMk / a tnc ID o4.tsc relittiF J i Se Set t/ V'e dW eSt C. r 4 ' //01-.."4 . 11N12Tere ' dc� n YL c I n& • � of 4D C h let 46 2 a n1v+1 0.%.0.1 Se wer S er tJ: c< < pry iii e ca W' � �" t7 r 4 LLr 4o YY��t-t- PRIOR -( - o a P ra.lal erg 4&e re, :w ret�t.seai c t c.. r , o.�'Cev ....t. p ct a ot,Air ual O r" U.V114 bt�cli was 3 P`� P es+Z►.b l; s L MI4e rah. it t. cuJc1 t...pN. -4 C ,rte wblv+- ` ee.1. ., Pk P .. (984 F'torwv..;`c. 4o. (, 9 o i ue. Z 41,4,..1 of • w4 4 . I ocld:-(„ C o,w.p e Ply,. u.pd� ;� •.,y%M. 12 t l...ple.,... ,,. Cual. 4-o ' 2 . 1,— I Y. .[ p 1. 4).1. F E B 11 2OQ$O 710 Mill Bay Road, Kodiak, Alaska 99615 1 HEARING NOTICE Public Hearing Item VI -D COMMUNTIY DEVELOPMENT DEPARTMENT A public hearing will be held on Wednesday, February 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 03 -011 APPLICANT: V. Michael & Lisa Carlson; Brad & Tammy Aga; City of Larsen Bay REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH UNITY DEVELOPMENT DEPARTMENT 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 NOTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE THAT IS PROPOSED TO BE DELETED. UNDERLINED LANGUAGE._ IS_1 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 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 certificate of zoning shall be issued for any of the following uses: Bed and Breakfast, hotel, motel, lodge,- etc. If the proposed use complies with the criteria for exemption to the transient accommodation tax (Section 3.30.040 of Title 3 of the KIB Code), then a certificate of exemption (Section 3.30.060 of Title 3 of the KIB Code) shall be provided to Community Development staff. VACATION I HOME NIfVD MOI1Va2IDaTi OM ALI a. U MOTEL a, a, a 9 JOAO - C — more than 15 gu est BOARDING HOUSE a. a, a, HOTEL 9 IPUn —d a. ZONING DISTRICT I Pa - M 1 1 WH - Wildlife Habitat District NU — Natural Use District C — Conservation District LI — Light Industrial District RB — Retail Business RD - Rural Development District RNC - Rural Neighborhood Commercial District RR2 - Rural Residential Two District 1 RR - Rural Residential District RR1 - Rural Residential One District R1 - Single - Family Residential District R2 - Two - Family Residential District R3 - Multiple Family Residential District B - Business District I — Industrial District 14 - Public Lands District U NC - Urban Neighborhood I Commercial District SRO - Single Resident Occupancy Standards 0 0 O S S 2 z z O 0 0 Z Z Z 0 1 r m Z m ✓ v v O 0 0 O 0 0 N h+ i•+ O O O Z D 0 z Z 73 0 T T m 73 r m z 0 m m m Z m N D n 0 -n v O co 0 x 00 O 0 O 0 D D x x N D G m G 0 0 Z Z z -1 0< i K 0-1 _ - N c < `� Z z < K > -D z 0 0 -< z 0 x m0 -< = T 1_ D z 0 0 D v 0 00 0 N 0 0 m r N N 0 = T m 7J v 0 co 0 x 00 G 0 Z O 0 0 O 0 5 - > D D D D D D D 7 C > D D D D D D Z D D N D D D D D D D D D 7C 7C 7C 7C 7C N NIX >c 7C 7C > 7C > 7C n A (1 7C A 7C 7C A X 7C A 7C m LID ID 0 ID Cr) 00 lD l0 ID 1 1) 1 .0 0 l0 (4:/ NJ ID l0 N 1 0 LO LCD l0 1 0 1 .0 0 0 l0 N ID ILI l0 LO 01 N lD l0 lD l0 00 l0 00 l0 ..1 ID l0 l0 l0 LC l0 l0 LO l0 (0 L0 lD v Ol 01 01 1 al 0 W 01 0'1 0) 01 O 01 0 01 0 O1 0) V I al 01 N 0) 0.1 Q1 O1 01 N N N 0 1 .0 0 N N I--I N N NJ N NJ W NJ I--‘ CO NJ I--■ v N N I--‘ i- 1-' A A A Ql W A A A N N ■I A N A 0 A N N A N J A A N N N CD • O (D 00) r o nU co � - Z o O W I -< N • O -• 0 7 l0 (D 1 N z 17' (D r7 N -' O n 7 n� 01 D co —I Z of o � 0 0 UJ ' r O y ~' 7 - Q (D ✓ 0) - 1 (D 00 CU - ▪ 4 0 1• (D r 00 a 0 cD N n O ' (D Ca- (-) r+ D 00 O T w O rr T 3 3 N 00 CD v 3 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, December 4, 2008 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2009 -11 Rezoning A Tract Of Land In The Larsen Bay Townsite Legally Described As Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business District (Case No. 03 -011.) If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, Email to njavier(a�kodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on December 4, 2008. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Public hearing form • Map • Ordinance No. FY2009 -11 PUBLIC HEARING FORM Ordinance No. FY2009 -11 Rezoning A Tract Of Land In The Larsen Bay Townsite Legally Described As Tract A, Block 3, Lot 1 From R1- Single Family Residential To B- Business District (Case No. 03 -011.) ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to niavier(a�kodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, December 4, 2008. Photos) 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 Alaska l System G Urban centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information USGS Digital Blandon Model Kodiak Alaska. 50 foot intervals. Scale is 1:63,360 Crested in ArcGIS 9, HAD 27, State Plane 5 Parcel information is taken from selected fluids in the current compu Th� has not s heen the Assessing Dept reconciled with data contained in manual files B may be more up.to -date. Kodiak island Borough Community Development Department. O O O O O O mm 2 z z z z N N N N O O O O Z Z Z Z C1 C7 p D f7 Zrri N m 0 w 0 X 0 z D 0 Z Z r m z 0 D r m 73 m < f_1 m 6-) T m M 77 > 0 -n 00 7C X N N r r 2 2 N N G� Gl D D C C -1 -i 2 2 z n D C O O T O O 0 A _ I p < C1 = 3 C C-I N n n l N 0 0 -0 � � s1- - I > — rn = —I p 0 -< Z p m K m X m --I 2 z D z-< 0 0 - 2 m T 11 D D D PJ N V) m vv O O Z Z Z m ---1 0 T 0 0 D 0 0 70 m m r m O 0 N 2 m 73 70 2 m r N D D O O "T1 71 10 O O W co O O 00 00 D 0 Z O O o A D D D D D D > D D 7C > > D D D D > D* D* > 2 D D D N > > > > D D D D D D D A A >c A A A A A A N Ni X A A A 7C 7C A ,, X ,, A Cl A A A t7 A X X A 7C 7c X A A A A VD t0 t0 VD 1.0 1.0 LID 1.0 l0 01 CO 1.0 l0 1 .0 (.0 l0 l0 10 1.0 1.0 l0 10 N 1.0 10 l0 NJ 1.0 1.0 1.0 l0 1.0 l0 10 l0 lO lD l0 10 l0 t0 VD l0 l0 1.0 LID VD 01 U1 1.0 1.0 1 .0 10 l0 l0 1.0 00 11D 00 l0 V lD 1.0 LID 1 .0 l0 1.0 l0 LO l0 lD t0 l0 l0 1 ..0 10 01 01 N 01 01 01 01 01 01 0 W 01 01 01 01 01 01 01 O 01 O 01 O 01 01 01 N 01 01 N 01 01 N 01 01 01 01 01 N N N N N N N N 0 LID 0 N N ■-■ I- N NJ N N NJ N N W N N F- 00 N (- V NJ N N N N F- I-- F- A A A A A A A A Cr) W A A A N N A A A V A U1 A O A A N N A N V A A t0 A A N N N F, D TITLE: SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 6, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -12. ITEM NO: 9.0 Ordinance No. FY2009 -12 Amending Kodiak Island Borough Code Of Ordinances Title 15 Buildings And Construction To Standardize The Kodiak Island Borough And The City Of Kodiak Building Codes. The Kodiak Island Borough and the City of Kodiak operate a combined building inspection program and have agreed to coordinate the building codes adopted by each of the local governments in order to ensure continuity throughout the jurisdiction of the joint program. A joint Borough /City committee has met to review the building codes adopted by the Borough and City, and that committee has recommended the Borough Assembly and City Council adopt updated versions of the building and fire codes. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -12 Introduced by: Manager Gifford Requested by: Building Inspector Drafted by: Building Inspector Introduced: 11/06/2008 Public Hearing: 12/04/2008 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 15 BUILDINGS AND CONSTRUCTION TO STANDARDIZE THE KODIAK ISLAND BOROUGH AND THE CITY OF KODIAK BUILDING CODES WHEREAS, the Kodiak Island Borough and the City of Kodiak operate a combined building inspection program and have agreed to coordinate the building codes adopted by each of the local governments in order to ensure continuity throughout the jurisdiction of the joint program; and WHEREAS, a joint Borough /City committee has met to review the building codes adopted by the Borough and City, and that committee has recommended the Borough Assembly and City Council adopt updated versions of the building and fire codes; NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 15 Buildings and Construction Chapter 15.10 Building Codes Section 15.10.010 Adoption of building and other codes is hereby amended as follows: The following codes are hereby adopted by reference as the building codes for the borough: • The 20036 International Building Code, as adopted with revisions in 13 AAC 50.020 in effect as of September 17, 2007, and including Appendix H, Signs, for all buildings except one and two family dwellings and residential accessory buildings, provided that the following revisions to the 2006 International Building Code in 13 AAC 50.020 are not adopted: (i) the deletion in 13 AAC 050.20 (1) of Sections 103, 104.4, 104.6, 104.8, 105.4, 106.5, 108.2, 108.4, 108.5, and 109 to 115; and (ii) the revisions in 13 AAC 050.020 (7), (8), (9), (10), (11), (16), (17), (66), (73), (74), and (78).; • 1997 Uniform Building Code for one and two family dwellings and residential accessory buildings, including excerpts from Appendix Chapter 23, which are included in the Uniform Building Code Volume 1; options to Appendix Chapter 23, for exposure C and D High Wind Wall Framing and Wood Piles, by Barry Still; • 2006 International Building Code Appendix J, Grading. Kodiak Island Borough Ordinance No. FY2009 -12 Page 1 of 3 • The 20036 Uniform Plumbing Code, as adopted with revisions in 8 AAC 63.010 in effect as of September 27, 2008, including Appendix Chapter B, Explanatory Notes on Combination Waste and Vent Systems; and Appendix Chapter H, Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors. • The 20036 International Mechanical Code, as adopted with revisions in 13AAC 50.023 in effect as of September 17, 2007 except for the deletions in 13 AAC 50.023(1) of Sections 103, 104, and 106 to 109 of the 2006 International Mechanical Code. ' ; • The 20058 National Electrical Code. 1. New Section 300 -4-g 300.4(G) is amended to read as follows: Thermoplastic type insulated conductors may not be installed when the working environment is below 20° Fahrenheit. 2. Section 41.0 -3 410.8 is amended to read as follows: 41-0 -8 410.8 Luminaries (Fixtures) and Transformers in Closets. • The 1997 Uniform Code for the Abatement of Dangerous Buildings; and • The 1997 Uniform Housing Code. • 2006 International Fuel Gas Code, Chapters 6 and 7. They are adopted to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the borough; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for violations of these regulations. The building codes so adopted shall be interpreted, administered, and enforced with the local amendments hereinafter specifically set forth, by the borough building official, who is authorized to take such action as may be reasonably necessary to enforce the purposes of this section. The borough manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this section. Section 3: Title 15 Buildings and Construction Chapter 15.10 Building Codes Section 15.10.030 Copies on file for sale is hereby amended as follows: After adoption, the building official shall provide for sale, to those interested, copies of all codes adopted pursuant to KIBC 15.10.010. At least two copies of each code of technical regulations adopted by reference in section 15.10.010 shall be kept at the Building Department office. - - - - - - - - - - - - Section 4: Title 15 Buildings and Construction Chapter 15.10 Building Codes Section 15.10.120 Temporary structures is hereby amended as follows: A. Temporary structures, necessary to for a construction project, may be erected, located, or maintained s for a period of not more than 180 days. The location of the temporary structure must be approved by the Building Department. Kodiak Island Borough Ordinance No. FY2009 -12 Page 2 of 3 A: B. No certificate of occupancy or certification of project completion shall be issued until the temporary structure is removed. 13: C. If the building official feels that it is necessary to do a re- inspection after a job has been completed, the fee for such re- inspection shall be established by resolution of the assembly. Section 5: Title 15 Buildings and Construction Chapter 15.10 Building Codes Section 15.30.010 Adoption is hereby amended as follows: The 20036 International Fire Code, including appendices A through G, as adopted with revisions in 13 AAC 50.025 in effect as of September 17, 2007, except for the deletions in 13 AAC 50.025 (1) Sections 104.2, 104.3, 104.5, 104.11, 104.11.1, 104.11.2, 106, 108, and 109 of the 2006 International Fire Code state amendments is hereby adopted by reference as the fire code for the borough. Section 6: This ordinance shall become effective on Saturday, January 17, 2008. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2009 -12 Page 3of3 CITY OF KODIAK ORDINANCE NUMBER 1246 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KODIAK AMENDING CITY CODE TITLE 14 BY ADOPTION OF UPDATED BUILDING CODES WHEREAS, ;the City of Kodiak and the Kodiak Island Borough operate a combined building inspection program and have agreed to coordinate the building codes adopted by each of the local governments in order to ensure continuity throughout the jurisdiction of the joint program; and WHEREAS, a joint City/Borough committee has met to review the building codes adopted by the City and Borough, and that committee has recommended the City Council and Borough Assembly adopt updated versions of the building and fire codes. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kodiak, Alaska, as follows: Section 1: Section 14.04.010 is amended as follows: 14.04.010 Adoption of building and other codes. The following codes are hereby adopted by reference as the building codes for the city of Kodiak: a. 20036 International Building Code, as adopted with amendments- revisions in 13 AAC 50.020 in effect as of Augu -t 27, 2004, September 17, 2007, and including Appendix H, Signs, for all buildings except one and two family dwellings and residential accessory build- ings, provided that the following revisions to the 2006 International Building Code in 13 AAC 50.020 are not adopted: (i) the deletion in 13 AAC 050.20 (1) of Sections 103,104.4, 104.6, 104.8, 105.4, 106.5, 108.2, 108.4, 108.5, and 109 to 115: and (ii) the revisions in 13 AAC 050.020 (7), (8), (9), (10), (11), (16), (17), (66), (73), (74), and (78). b. 1997 Uniform Building Code for one and two family dwellings and residential accessory buildings, including excerpts from Appendix Chapter 23, which are included in the uniform Building Code Vol.1; options to Appendix Chapter 23, for exposure C and D High Wind Wall Framing and Wood Piles, by Barry Still. c. 2006 International Building Code Appendix J, Grading. d. 20036 Uniform Plumbing Code, as adopted with amendments- revisions in 8 AAC 63.010 in effect as of September 27, 2008, Appendix Chapter B, Explanatory Notes on Combination Waste and Vent Systems; and Appendix Chapter H, Recommended Proce- dures for Sizing Commercial Kitchen Grease Interceptors. e. 20036 International Mechanical Code, as adopted with amendments-revisions in 13 AAC 50.023 in effect as of August 27, 2004.September 17, 2007, except for the deletions in 13 AAC 50.023(1) of Sections 103, 104, and 106 to 109 of the 2006 International Mechanical Code. f. 20038 National Electric Code: 1. New Section 300.-4-(Gg) is amended to read as follows: Thermoplastic type insulated conductors may not be installed when the working environment is below 20° Fahrenheit. Ordinance No. 1246 Page 1 of 3 Field Code Changed 2. Section 410. -8 is amended to read as follows: 410. -8 Luminaries (Fixturesl and Transformers in Closets. g. 1997 Uniform Code for Abatement of Dangerous Buildings. h. 1997 Uniform Housing Code. i. 2006 International Fuel Gas Code, Chapters 6 and 7. They are adopted to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures in the city of Kodiak; to provide for the issuance of permits and collection of fees therefore, and to provide penalties for violations of those regulations. The building codes so adopted shall be interpreted, administered, and enforced with the local amendments hereinaf- ter specifically set forth, by the city building official who is authorized to take such action as may be reasonably necessary to enforce the purposes of this section. The city manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this section. Section 2: Section 14.04.020 is amended as follows: 14.04.020 Copies on file /sale. After adoption, the building official shall provide for sale, to those interested, copies of all codes adopted pursuant to section 14.04.010. At least Owee- two copies of each code of technical regulations adopted by reference in section 14.04.010 shall be kept at the Building Department office. Section 3: Section 14.04.070 is amended as follows: 14.04.070 Temporary structures. Temporary structures, , necessary te- fora construction project, may be erected, located, or maintained only special for a period of not more than 180 days. The location of the temporary structure must be approved by the Building Department.h° f e f t hin .. (ab) No certificate of occupancy or certification of project completion shall be issued until the temporary structure is removed. (b)-If the building official feels it is necessary to do a re- inspection after a job has been com- pleted, the fee for such re- inspection shall be as established by resolution ef motion-of the city council. Section 4: Section 14.24.010 is amended as follows: 14.24.010 Adoption. The 20036 International Fire Code, including appendices A through G, as adopted with amendments- revisions in 13 AAC 50.025 in effect as of August 27, 2001 Septem- ber 17, 2007, except for the deletions in 13 AAC 50.025 (1) of Sections 104.2, 104.3, 104.5, 104.11, 104.11.1, 104.11.2, 106, 108, and 109 of the 2006 International Fire Code is hereby adopted by reference as the fire code for the city of Kodiak. Section 5: ,This ordinance shall be effective one month after its final passage and publication - - -( Field Code changed Ordinance No. 1246 Page 2 of 3 in accordance with Kodiak Charter Section 2 -13. TITLE: Resolution No. FY2009 -13 Adopting a 2009 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. SUMMARY: As a regional government, the Kodiak Island Borough represents the communities of the Kodiak Island Archipelago. These communities include the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions, and the community of Karluk. There are improvements and infrastructures needed in these communities such as include docks, airports, community utilities, and facilities. Project needs have been indentified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into the 2009 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 4, 2008 RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 - 13. ITEM NO: 13.B.1 1 City of Kodiak 1. UV Water Treatment Facility Construction 2. State of Alaska Community Contract Jail 3. Emergency Operations Response Center Construction 4. Aleutian Homes Sewer and Water Replacement, Phase IV 5. New Public Library Construction 6. Baranof Park Improvements 7. Mission Road Safety Improvements 8. Leite Addition Subdivision Road Improvements Kodiak Island Borough KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2009 -13 Introduced by: Requested by: Drafted by: Introduced on: Adopted on: Total Manager Gifford Assembly Special Projects Support Christiansen 12/04/2008 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A 2009 KODIAK ISLAND BOROUGH COMMUNITIES STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST WHEREAS, the Kodiak Island Borough is a regional government representing the citizens and communities of the Kodiak Island Archipelago; and WHEREAS, these communities have developed a list of improvement and infrastructure needs for their citizens and visitors; and WHEREAS, these communities include the home rule City of Kodiak; the second class cities of Akhiok, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions; and the unincorporated community of Kariuk; and WHEREAS, Community Capital Improvement Project (CIP) needs are identified and prioritized by each of the communities and forwarded to the Kodiak Island Borough for inclusion into an island wide list to be considered by the Alaska Legislature. NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough Communities 2009 State Legislative Capital Improvement Projects Priority Lists are as follows: $3,800,000 $5,800,000 $1,350,000 $720,000 $5,000,000 $3,000,000 $15,000,000 $6,000,000 $40,670,000 Resolution No. FY2009 -13 Page 1 of 3 52 City of Akhiok 53 1. New Water Break $750,000 54 2. Electric Pre -Pay System $80,000 55 3. Tsunami Shelter $100,000 56 4. New Landfill $250,000 57 5. Fuel Truck $50,000 58 6. New Outfall Line $1,000,000 59 7. New Water Pump System and Holding Tank $750,000 60 8. New Multi- Purpose Building $300,000 61 9. Community Economic Development $350,000 62 10. Support Money For Building a Road to Alitak Cannery $5,000,000 63 11. Front End Loader $50,000 64 12. Garage /Pump House Repairs $150,000 65 Total $8,830,000 66 67 68 City of Larsen Bay 69 1. Docking Moorage for Fuel Barge & Header Piping $500,000 70 2. Deep Water Dock Facility $5,000,000 71 3. Replacement Aggregate for Road System Resurfacing $250,000 72 4. Upgrade City /Senior/Teen Center Municipal Building $750,000 73 5. Replace Machine Shop Building /Garage $650,000 74 Total $7,150,000 75 76 77 City of Old Harbor 78 1. Hydroelectric Power Project $6,000,000 79 2. Water System /Sewage Lagoon $2,000,000 80 3. Dock and Harbor Improvements $6,000,000 81 4. Tank Farm Re- Plumbing $15,000 82 5. Spill Response Vessel and Storage Shed $75,000 83 6. Airport Improvements $450,000 84 7. Maintenance Equipment (Dozer) $400,000 85 8. Park Renovation $50,000 86 Total $14,990,000 87 88 89 City of Ouzinkie 90 1. Dock/Industrial Area Construction & Development $2,140,000 91 2. Community Water Lines & Fire Hydrant Replacement $3,782,000 92 3. Electrical Infrastructure Replacement $600,000 93 4. Community Roads Construction - Engineering $3,700,000 94 5. Alternative Energy Wind Generation $250,000 95 6. Fork Lift Replacement $125,000 96 7. Fuel Truck Replacement $300,000 97 8. Heavy Equipment Storage Building $250,000 98 9. Rural Training & Development Center Planning $100,000 99 Total $11,247,000 100 101 102 Kodiak Island Borough Resolution No. FY2009 -13 Page 2 of 3 103 City of Port Lions 104 1. Public Ferry Dock Facility $5,000,000 105 2. Outer Breakwater Stub $3,000,000 106 3. City Large Equipment $1,150,000 107 4. Harbor Water Main $750,000 108 5. Municipal Building $300,000 109 6. Maintenance Improvement Facility $200,000 110 7. Harbor Building $75,000 111 8. Public Safety Building $300,000 112 9. Roads Upgrade and Extension $500,000 113 10. Causeway $500,000 114 11. New Subdivision $800,000 115 12. Boat Storage /Dry Dock Facility $650,000 116 13. Search and Rescue Skiff $100,000 117 14. Cold Storage Facility $250,000 118 Total $13,575,000 119 120 121 Community of Karluk 122 1. Pre -Pay Electric System $50,000 123 2. Landfill $500,000 124 3. Karluk Church Restoration $275,000 125 4. Permanent Dock Facility $12,000,000 126 5. Multi- purpose Building $750,000 127 6. Equipment: Fuel Truck, Bull Dozer, Fire Truck $600,000 128 7. Grant Writing Assistance $20,000 129 Total $14,195,000 130 131 BE IT FURTHER RESOLVED that the Kodiak Island Borough administration is hereby instructed 132 to advise the Governor and our Legislative Representatives of the State of Alaska of the Kodiak 133 Island Borough Communities 2009 State Legislative Capital Improvements Project Priority List 134 adopted by the Kodiak Island Borough Assembly. 135 136 137 138 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 139 THIS DAY OF 2008 140 141 142 143 KODIAK ISLAND BOROUGH 144 145 146 147 ATTEST: Jerome M. Selby, Mayor 148 149 150 151 152 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Resolution No. FY2009 -13 Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 4, 2008 REGULAR MEETING ITEM NO: 13.B.2 TITLE: Resolution No. FY2009 -14 Adopting the Kodiak Island Borough All Hazard Mitigation Plan and All Local Community Annexes to that Plan. SUMMARY: With the assistance and participation of communities within the Kodiak Island Borough (KIB), the KIB Community Development Department has recently obtained approval of the KIB Hazard Mitigation Plan by the Federal Emergency Management Agency (FEMA). FEMA approval of these local community annexes now concludes the work on Phase II of the borough's hazard mitigation planning effort. All that remains to make this multi - jurisdictional plan effective is for the Kodiak Island Borough and each incorporated community within the borough to adopt their respective community annex as well as the overall plan. The need for a multi - jurisdictional hazard mitigation plan in the borough dates back to November 2004. FEMA had amended its policy by requiring that all states and local communities must have a FEMA approved hazard mitigation plan in order to be eligible for FEMA Pre - Hazard and Post Disaster Mitigation funding. Borough residents have already benefitted from the adoption of the Phase I hazard mitigation plan which made the borough eligible for funding of mitigation projects related to a number of borough school buildings. With the adoption of this multi - jurisdictional hazard mitigation plan, and the related community annexes, FEMA Hazard Mitigation Grant eligibility will then apply to the infrastructure and critical facilities within each borough community. In order to make the hazard mitigation plan effective, FEMA requires the plan and related annexes to be adopted by the Kodiak Island Borough and each incorporated community within the borough. The communities specifically addressed in annexes to the borough -wide plan are Ouzinkie, Port Lions, Larsen Bay, Akhiok, Old Harbor and the City of Kodiak. It is a requirement of FEMA to complete the adoption process before December 30, 2008 when the planning grant is due to expire. In order to facilitate the adoption timeline, KIB staff has presented a compilation of plan chapters, some of which may still be designated as draft. These chapters are the FEMA approved versions of the plan which may still require some reformatting or editing into a single final document once the plan is approved and in effect. For this reason complete copies of the plan are being provided on a limited, as- needed, basis until the final edits can be completed. KIB staff recommends that the FEMA approved plan and associated annexes be approved in this draft format (as they were submitted to FEMA) so that the content of the plans can become fully effective for the Kodiak Island Borough and all incorporated communities within the borough. Any substantive changes that are needed in the plan or annexes should be documented for incorporation in the next plan revision cycle. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -14. 1 Introduced by: Borough Manager 2 Requested by: CDD Staff 3 Drafted by: CDD Staff Introduced on: 12/04/2008 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2009 -14 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 ADOPTING THE KODIAK ISLAND BOROUGH ALL HAZARD MITIGATION PLAN 11 AND ALL LOCAL COMMUNITY ANNEXES TO THAT PLAN 12 13 WHEREAS, the Federal Emergency Management Agency (FEMA) requires that all states and 14 local governments submit a Hazard Mitigation Plan to be eligible for FEMA funding related to 15 disasters; and 16 WHEREAS, the Kodiak Island Borough obtained a FEMA planning grant through the State of 17 Alaska Division of Homeland Security and Emergency Management (DHS &EM) in order to 18 prepare a multi - jurisdictional Hazard Mitigation Plan on behalf of all Borough residents, including 19 the Kodiak Island Borough and other incorporated communities within the Borough; and 20 WHEREAS, with this effort, the Kodiak Island Borough can be eligible for FEMA pre- hazard and 21 DHS &EM post- disaster mitigation project grants by adopting the KIB All- Hazard Mitigation Plan 22 and associated community annexes; and 23 WHEREAS, once the plan and annexes are adopted, the communities will have the power to 24 make further changes to the Kodiak Island Borough Multi- jurisdictional Hazard Mitigation Plan 25 whenever the need arises, subject to FEMA approval; 26 NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH ASSEMBLY 27 that the Kodiak Island Borough All- Hazard Mitigation Plan and associated Community Annexes 28 are hereby adopted. 29 ADOPTED BY THE ASSEMBLY OF THE KDOIAK ISLAND BOROUGH 30 THIS DAY OF 2008 31 32 KODIAK ISLAND BOROUGH 33 34 35 36 Jerome Selby, Mayor 37 38 39 ATTEST: 40 41 42 43 Nova Javier, Borough Clerk 44 Kodiak Island Borough Resolution No. FY2009 -14 Page 1 of 1 TITLE: Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. SUMMARY: In order to remain consistent with other jurisdictions, the Kodiak Island Borough Assessor's Office is seeking to amend KIBC 3.35.080 by requiring applicants for exemption from real property taxes to comply with AS 29.45.030(f). The applicant must have been eligible for a Permanent Fund Dividend under AS 43.23.005 for that same year or for the immediately preceding year; or if the individual has not or does not apply, the individual would have been eligible for one of the PFDs had they applied. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT December 4, 2008 REGULAR MEETING ITEM NO: 13.C.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -13 in first reading to advance to public hearing at the next regular meeting of the Assembly. Introduced by: Borough Manager Requested by: Borough Assessor 1 Drafted by: Borough Assessor 2 Introduced: 12/04/2008 3 Public Hearing: Adopted: 4 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2009 -13 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND 11 FINANCE CHAPTER 3.35 REAL PROPERTY TAX SECTION 3.35.080 RESERVE POLICIES 12 13 WHEREAS, Kodiak Island Borough Code 3.35.080 addresses exemptions from real and 14 personal property tax as provided by AS 29.45.030(e); and 15 16 WHEREAS, this ordinance will amend to KIBC 3.35.080 in order to be consistent with other 17 jurisdictions within the State of Alaska; and 18 19 WHEREAS, the KIB Assessing staff expend considerable time and borough resources in 20 establishing Alaska residency for exemption applicants; and 21 22 WHEREAS, the Alaska Permanent Fund Dividend applicants must meet established residency 23 requirements yearly to qualify for a dividend; and 24 25 WHEREAS, AS 29.45.030(f) provides that to be eligible for an exemption under AS 26 29.45.030(e) for a year, a municipality may by ordinance require that an individual also meet the 27 requirements under one of the following paragraphs; 28 29 (1) The individual shall be eligible for a permanent fund dividend under AS 43.23.005 for that 30 same year or for the immediately preceding year; or 31 (2) If the individual has not applied or does not apply for one or both of the permanent fund 32 dividends, the individual would have been eligible for one of the permanent fund 33 dividends identified in (1) of this subsection had the individual applied and 34 35 WHEREAS, the Borough Attorney has reviewed this ordinance and found it to be enforceable; 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH that: 39 40 Section 1: This ordinance is of a general and permanent nature and shall become a part of 41 the Kodiak Island Borough Code of Ordinances; 42 43 Section 2: Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 44 Reserve Policies is hereby amended as follows: 45 46 3.35.080 Real and personal property exempted from taxation. 47 The following described properties shall be exempt from any and all taxation otherwise imposed 48 under the foregoing sections: 49 A. All property belonging to the United States of America, the state of Alaska, the 50 borough, the city of Kodiak, or any other incorporated city lying and being within the boundaries 51 of the borough; 52 B. All property used exclusively for religious, educational, or charitable purposes, such 53 property used for religious purposes to be deemed to include the residences of a pastor, priest, Kodiak Island Borough, Alaska Ordinance No. FY2009 -13 Page 1 of 3 54 or minister of such religious organization and to further include all other property of such 55 organization not used for business, rent, or profit. Property of any religious, educational, or 56 charitable organization from which the organization derives any rentals or profits shall not be 57 exempt. Unimproved or vacant real property of any such organization which is not currently used 58 for religious, education, or charitable purposes shall be deemed to be property held or used for 59 profit, unless by deed restriction or otherwise the real property has been effectually dedicated to 60 future use for religious, educational, or charitable purposes only and cannot be sold or used for 61 any other purposes; 62 C. The property of any organization which is not organized for business purposes and 63 whose membership is composed entirely of veterans of any wars of the United States, as 64 recognized and chartered by the Congress of the United States, and the property of the auxiliary 65 of any such organization. Property of any such veteran's organization or auxiliary from which the 66 organization derives any rentals or profits shall not be exempt; 67 D. To be eligible for an exemption provided by AS 29.45.030(e) the individual applying for 68 the exemption must also meet requirements under one of the following two paragraphs: 69 1. The individual shall be eligible for a permanent fund dividend under AS 70 43.23.005 for that same year or for the immediately preceding year; or 71 2. If the individual has not applied or does not apply for one or both of the 72 permanent fund dividends, the individual would have been eligible for one of the permanent fund 73 dividends identified in (1) of this subsection had the individual applied. 74 E. F. In the event that a claimant fails to apply for an exemption provided by AS 75 29.45.030(e) by January 15th of the assessment year for which the exemption is sought, the 76 borough assessor for good cause shown may waive the claimant's failure to make timely 77 application for the exemption for that year and shall accept the application as if timely filed 78 subject to the provisions contained in AS 29.45.030(e). 79 Good cause shall include but not necessarily be limited to: 80 1. Mistake; 81 2. Inadvertence; or 82 3. Excusable neglect; 83 Waiver may only be granted for the year in which an application is filed and for the year 84 immediately prior. Assessor's rulings under this provision may be appealed to the borough 85 assembly which for good cause shown may waive an applicant's failure to file timely and may 86 direct the assessor to accept the application as if timely filed subject to the provisions contained 87 in AS 29.45.030(e). 88 G. The private interests, other than fee simple record ownership, in real property of an 89 individual residing in the property if the property has been developed, improved, or acquired with 90 federal funds for low- income housing and is owned or managed as low- income housing by the 91 Alaska State Building Authority or a regional housing authority formed under AS 18.55.996. This 92 section does not prohibit the borough from continuing to receive payments in lieu of taxes 93 authorized under federal law. This section applies only to those low- income housing units in 94 existence prior to January 1, 1989, hence, any new projects, real property acquisitions and 95 additions to the existing properties after January 1, 1989, shall require an ordinance of the 96 assembly prior to the granting of an exemption under this section; 97 F.7 H. The increase in assessed value of improvements to real property if an increase in 98 assessed value is directly attributable to landscaping, or new maintenance, repair, or renovation 99 of an existing structure, and if the alteration, maintenance, repair, or renovation, when 100 completed, enhances the exterior appearance or aesthetic quality of the land or structure. An 101 exemption may not be allowed under this subsection for the construction of an improvement to a 102 structure if the principal purpose of the improvement is to increase the amount of space for 103 occupancy or nonresidential use in the structure or for the alteration of land as a construction 104 activity. An exemption provided in this subsection may continue for up to four years from the date 105 the improvement is completed or from the date of approval for the exemption by the local 106 assessor, whichever is later; and Kodiak Island Borough, Alaska Ordinance No. FY2009 -13 Page 2 of 3 107 -67 L Property of an organization not organized for business or profit making purposes 108 and used exclusively for community purpose activities is exempt from taxation under this 109 subchapter. 110 1. The assessor may from time to time require such information as is reasonably 111 necessary to determine the character of the organization and the nature of uses made. The 112 exemption provided in this section is not applicable unless the required information is provided to 113 the assessor. 114 2. For purposes of this section, a qualifying community purpose organization must 115 be active and qualified for tax exempt status under section 501(c) of the Internal Revenue 116 Service Tax Code. 117 3. The property of the following organizations shall be exempt from real and 118 personal property taxation under this section: 119 a. Kodiak Island Sportsman's Association; 120 b. Kodiak Senior Center; 121 c. Kodiak State Fairgrounds — Kodiak Jaycees; 122 d. Kodiak Chamber of Commerce; and 123 e. Kodiak Island Convention and Visitors Bureau. 124 125 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 126 THIS DAY OF 2008 127 128 129 KODIAK ISLAND BOROUGH 130 131 132 133 Jerome M. Selby, Borough Mayor 134 135 ATTEST: 136 137 138 139 Nova M. Javier, CMC, Borough Clerk 140 141 Kodiak Island Borough, Alaska Ordinance No. FY2009 -13 Page 3 of 3 TITLE: Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT December 4, 2008 REGULAR MEETING ITEM NO: 13.C.1 In order to remain consistent with other jurisdictions, the Kodiak Island Borough Assessor's Office is seeking to amend KIBC 3.35.080 by requiring applicants for exemption from real property taxes to comply with AS 29.45.030(f). The applicant must have been eligible for a Permanent Fund Dividend under AS 43.23.005 for that same year or for the immediately preceding year; or if the individual has not or does not apply, the individual would have been eligible for one of the PFDs had they applied. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -13 in first reading to advance to public hearing at the next regular meeting of the Assembly. TITLE: SUMMARY: FISCAL NOTES: See attached. Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 4, 2008 REGULAR MEETING Ordinance No. FY2009 -01C Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. This ordinance • budgets $12,000 for the school crossing guard program. • increases the Clerk's department $3,000 to cover APOC costs. • increases the child care assistance department $1,000 to $102,048. This is due to an increase in the State grant. • increases L.E.P.C. department $16,000 to $33,800. This is due to an increase in the State grant. • transfers $24,000 from the General Fund to the Borough Capital Projects fund to pay part of the costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transfers $160,530 from the Debt Service Other fund to Borough Capital Projects to pay the majority of costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transfers $10,000 from the Debt Service Other fund to the Debt Service fund to cover a $9,862 deficit • the Borough has taken the responsibility for the Hospital access and parking project, the foundation for the new clinic project, and the Providence Leasehold project. The total of these projects is $5,186,542. The sources of revenue are listed on the budget ordinance. • increases the Solid Waste Disposal fund by $40,000. Closure /post - closure costs were budgeted at $200,000 but now are projected to be $240,000. ITEM NO: 13.C.2 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -01C in first reading to advance to public hearing at the next regular Assembly meeting. Introduced by: Borough Manager Requested by: Borough Manager 1 Drafted by: Finance Director 2 Introduced: 12/04/2008 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2009 -01(C) 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. FY2009 -01 FISCAL YEAR 2009 BUDGET BY 10 AMENDING BUDGETS TO PROVIDE FOR ADDITIONAL EXPENDITURES 11 AND MOVING FUNDS BETWEEN PROJECTS 12 13 WHEREAS, funds for the school crossing guard program were not included in the original 14 FY2009 budget; and 15 16 WHEREAS, an additional $3,000 needs to be added to the Clerk's department as authorized 17 by the Assembly to cover advertising expenses for Proposition No. 1 regarding financial 18 disclosure; and 19 20 WHEREAS, the State grant for child care is $1,000 more than is currently budgeted; and 21 22 WHEREAS, the L.E.P.C. grant is $16,000 more than budgeted; and 23 24 WHEREAS, there is a $9,862 deficit in the Debt Service fund; and 25 26 WHEREAS, the Debt Service Other fund has $170,530 in funds that are not needed; and 27 28 WHEREAS, the Borough needs to move its financial software program from an AS400 29 platform to a .Net platform; and 30 31 WHEREAS, it is estimated that the closure /post - closure costs at the landfill will be $40,000 32 more than budgeted; and 33 34 WHEREAS, the Borough is going to manage the KIB- Hospital Parking Lot/ADA Access 35 project, the Kodiak Community Health Center project, and the Providence Leasehold project; 36 and 37 38 WHEREAS, the Solid Waste Disposal fund needs to be increased by $40,000. In FY2008 39 closure /post - closure costs were $819,143 but only $200,000 was budgeted for these costs in 40 FY2009; 41 Kodiak Island Borough, Alaska Ordinance No. FY2009 -01C Page 1 of 2 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 44 BOROUGH THAT: 45 46 Section 1: This ordinance is not of general application and shall not be codified. 47 48 Section 2: The FY2009 budget will be amended per the attached nine page schedule. 49 50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 51 THIS DAY OF 2008 52 53 KODIAK ISLAND BOROUGH 54 55 56 Jerome M. Selby, Borough Mayor 57 58 ATTEST: 59 60 61 Nova M. Javier, CMC, Borough Clerk 62 Kodiak Island Borough, Alaska Ordinance No. FY2009-01C Page 2 of 2 FY0009 -01 B Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget Fund 100 General Fund Revenues: Property Tax 9,082,500 9,149,647 (67,147) 101% 9,082,500 Boat & Motor Vehicle Tax 251,000 72,892 178,108 29% 251,000 Payment in Lieu of Taxes 813,000 16,767 796,233 2% 813,000 Severance Taxes 1,288,213 452,943 835,270 35% 1,288,213 Penalties & Int on tax 175,000 53,889 121,111 31% 175,000 Licenses and Permits 66,250 28,375 37,875 43% 66,250 Federal Shared Revenue 350,075 350,075 0% 350,075 Temporary Fiscal Relief 751,477 777,571 (26,094) 103% 751,477 Raw Fish Tax 1,000,000 1,236,280 (236,280) 124% 1,000,000 Raw Fish Tax - Offshore 50,000 50,000 0% 50,000 Other State Revenue 26,000 26,000 0% 26,000 Fines 500 138 362 28% 500 Interest Earnings 300,000 45,564 254,436 15% 300,000 Miscellaneous 25,500 8,606 16,894 34% 25,500 Use of Fund Balance 1,344,798 1,344,798 0% 39,000 1,383,798 Sale of Fixed Assets Transfer In Total 15,524,313 11,842,672 3,681,641 76% 39,000 15,563,313 Expenditures: Borough Assembly 186,440 40,850 145,590 22% 186,440 Borough Manager 358,600 119,835 238,765 33% 358,600 Borough Clerk 411,510 142,827 268,683 35% 3,000 414,510 Borough Attorney 130,000 11,179 118,821 9% 130,000 Finance Department 691,640 190,895 500,745 28% 691,640 Management Information Services 588,533 149,254 439,279 25% 588,533 Assessing Department 440,760 127,902 312,858 29% 440,760 Engineering/ Facilities Dept 158,715 35,003 123,712 22% 158,715 Community Development 749,780 168,885 580,895 23% 749,780 Building Official 147,765 38,612 109,153 26% 147,765 Economic Development 75,000 21,500 53,500 29% 75,000 General Administration 297,600 96,269 201,331 32% 297,600 Emergency Preparedness 8,800 3,357 5,443 38% 8,800 School District Support 10,783,220 3,466,209 7,317,011 32% 10,783,220 Health and Sanitation 233,000 232,699 301 100% 233,000 Animal Control 82,500 42,063 40,437 51% 82,500 Culture and Recreation 81,000 74,110 6,890 91% 12,000 93,000 Colledge and Libraries 93,000 3,000 90,000 3% 93,000 Transfers Out 6,450 6,450 0% 24,000 30,450 Total 15,524,313 4,964,449 10,559,864 32% 39,000 15,563,313 Fund 205 Child Care Assistance Program Revenue 101,048 25,262 75,786 25% 1,000 102,048 Expenditures 101,048 16,942 84,106 17% 1,000 102,048 Fund 210 Land Sales Revenue 97,771 9,905 87,866 10% 97,771 Expenditures 97,771 4,294 93,477 4% 97,771 Ordinance No. FY2009 -01C 1 Backup Info Fund 220 Buildings and Grounds Revenues Revenues 438,410 Transfers in 185,000 Use of Fund Balance 89,075 Total Revenues 712,485 Fund 230 Coastal Management Revenues Expenditures CMG Regular Total Expenditures Ordinance No. FY2009 -01C Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget 24,000 24,000 24,000 181,657 181,657 4,576 Expenditures Borough Building 408,985 107,006 301,979 26% 408,985 MHC Apartments 10,000 3,342 6,658 33% 10,000 School Buildings 287,500 190,776 96,724 66% 287,500 Parks 6,000 3,356 2,644 56% 6,000 Total Expenditures 712,485 304,480 408,005 43% 712,485 4,576 256,753 41% 185,000 0% 89,075 0% 530,828 25% 24,000 0% 19,424 19% 19,424 19% Fund 234 L.E.P.C. Revenues LEPC 17,800 17,800 0% 16,000 33,800 E.O.P. Grant - - 0% - Revenues 17,800 17,800 0% 17,800 Expenditures - Expenditures -LEPC 17,800 6,455 11,345 36% 16,000 33,800 Expenditures -FEMA grant - - 0% - Total Expenditures 17,800 6,455 11,345 36% 17,800 Fund 240 Womens Bay Road Service Revenues 124,057 132,585 (8,528) 107% 124,057 Expenditures 124,057 19,605 104,452 16% 124,057 Fund 242 Service District No. 1 Revenues 269,700 295,156 (25,456) 109% 269,700 Expenditures 269,700 13,049 256,651 5% 269,700 Fund 243 Service Area No. 2 Revenues 100 40 60 100 Expenditures 100 100 100 Fund 244 Monaska Bay Road District Revenues 52,590 52,023 567 99% 52,590 Expenditures 52,590 3,175 49,415 6% 52,590 Fund 246 Bay View Road Service Area Revenues 5,700 7,175 (1,475) 126% 5,700 Expenditures 5,700 2,897 2,803 51% 5,700 Fund 250 Fire Protection Area No. 1 Revenues 415,900 431,239 (15,339) 104% 415,900 Expenditures 415,900 100,474 315,426 24% 415,900 Fund 252 Womens Bay Fire Department Revenues 95,980 74,902 21,078 78% 95,980 Expenditures 95,980 26,948 69,032 28% 95,980 2 Backup Info 438,410 185,000 89,075 712,485 24,000 24,000 24,000 Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget Fund 254 KIB Airport Fire District Revenues 13,070 13,751 (681) 105% Expenditures 13,070 28 13,042 0% Fund 260 Woodland Acres Street Lights Revenues 8,420 84,449 (76,029) 1003% Expenditures 8,420 1,389 7,031 16% Fund 261 Trinity Islands Lighting Dist. Revenues 3,920 3,890 30 99% Expenditures 3,920 486 3,434 12% Fund 262 Mission Lake Tide Gate Revenues 3,700 3,736 (36) 101% Expenditures 3,700 355 3,345 10% Fund 263 Trinity Islands Paving Dist. Revenues 20,060 28,403 (8,343) 142% Expenditures 20,060 124 19,936 1% Fund 275 Kodiak Arts Council Revenues 68,360 20,387 47,973 30% Expenditures 68,360 20,969 47,391 31% Fund 276 Facilities Fund Revenues 1,890,000 368,277 1,521,723 19% Expenditures/Transfers Out: Building Insurance 185,000 185,000 0% Debt Service 1,150,000 1,150,000 0% Capital Projects Fund 495 397,540 397,540 0% Capital Projects Fund 430 0% Contingencies 0 % Contengencies - inflation proofing 157,460 157,460 0% Total Expenditures 1,890,000 1,890,000 0% Fund 277 Tourism Development Revenues 70,980 78,761 (7,781) 111% Expenditures 70,980 27,557 43,423 39% Fund 290 Fern Fuller Trust Revenues 75,000 3,335 71,665 4% Expenditures 75,000 2,164 72,836 3% Ordinance No. FY2009 -01C 3 Backup Info 13,070 13,070 8,420 8,420 3,920 3,920 3,700 3,700 20,060 20,060 68,360 68,360 1,890,000 185,000 1,150,000 397,540 157,460 1,890,000 70,980 70,980 75,000 75,000 Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget Fund 300 Debt Service Revenues State Debt Reimbursement 2,144,617 182,273 1,962,344 8% 2,144,617 Interest Earnings 10,000 160 9,840 2% 10,000 Transfers in General Fund - Education 763,036 763,036 0% 10,000 773,036 General Fund - Health - - Facilities Fund 1,150,000 1,150,000 0% 1,150,000 Hospital Fund - - 0 % Bond Premium Use of fund balance 0 % Total Revenues 4,067,653 182,433 3,885,220 10,000 4,077,653 Expenditures Expenditures - School Debt 3,295,550 762,167 2,533,383 23% 10,000 3,305,550 Expenditures - Hospital Debt 765,500 85,247 680,253 11% 765,500 Expenditures - Karluk Loans 6,603 6,603 0% 6,603 Expenditures -Other Debt - - 0% - Total Expenditures 4,067,653 847,414 3,220,239 21% 10,000 4,077,653 Fund 310 Debt Service Other Revenues 0% 170,530 170,530 Expenditures 0% 170,530 170,530 Ordinance No. FY2009 -01 C 4 Backup Info Fund 410 - Borough Capital Projects: Ordinance No. FY2009 -01C Capital Projects Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget Revenues: Interest Earnings 304,898 304,898 0% 304,898 Contributions for BMX track 39,670 39,670 0% 39,670 State Grant 540,508 540,508 0% 540,508 Miscellaneous - - 0% - Total Revenues 885,076 - 885,076 0% 885,076 Operating Transfers In: - - General Fund 517,352 517,352 0% 24,000 541,352 Building and Grounds Fund 50,000 50,000 Bayside Fire Department 448,800 448,800 0% 448,800 Facilities Fund 1,434,384 1,434,384 0% 1,434,384 Fund 310 160,530 160,530 Fund 420 2,843,751 2,843,751 0% 2,843,751 Total Operating Transfers In 5,294,287 5,294,287 0% 184,530 5,478,817 Total Revenues 6,179,363 - 6,179,363 0% 184,530 6,363,893 Projects: 85 Village Metals 150,000 121,257 28,743 81% 150,000 146 BMX Bike Trail 94,670 85,242 9,428 90% 94,670 174 Bayside Storage Addition & Engine Bay 426,800 102,691 324,109 24% 426,800 00102 Bayside Underground Electrical 22,000 - 22,000 0% 22,000 03105 Northstar School road /parking lot design 50,000 29,376 20,624 59% 50,000 03108 Borough Building Parking Lot 50,000 50,000 0% 50,000 03106 KHS emergency generator 50,000 50,000 0% 50,000 03109 Borough Building air handling penthouse 10,000 10,000 0% 10,000 03110 Borough Building emergency generator 20,000 2,353 17,647 12% 20,000 03120 WB Comm Plan Revision 33,380 22,392 10,988 67% 33,380 05022 KMS Seismic Upgrade 410/523 2,700,000 4,001,414 (1,301,414) 0% 2,700,000 05023 Peterson Seismic Upgrade 684,259 714,855 (30,596) 104% 684,259 05025 High School Gym Seismic 50,000 5,213 44,787 10% 50,000 06001 Computer Upgrade 114,000 114,000 100% 114,000 07015 High School kitchen floor 12,323 12,323 100% 12,323 07016 R and replacement of culverts at Panamaroff Creek 30,000 - 30,000 0% 30,000 07017 Hospital Solarium 25,000 25,000 - 100% 25,000 07018 HS Pool Repairs 40,000 40,000 0% 40,000 08001 Kodiak Middle School Asbestos Abatement 182,000 131,333 50,667 72% 182,000 08002 Main elementary Asbestous abatment 43,000 32,800 10,200 76% 43,000 08003 HS Soil Remediation 497,000 460,509 36,491 93% 497,000 08004 Computer Assisted Mass Appraisal and Collection Prg 400,000 117,895 282,105 29% 400,000 XXXX Upgrade to NWS - - 0% 184,530 184,530 Tranfer to Fund 430 390,000 390,000 0% 390,000 Other Projects 104,931 104,931 0% 104,931 Total Borough Projects 6,179,363 5,978,653 200,710 97% 184,530 6,363,893 5 Backup Info Fund 420 -GO Bond Projects: Revenues: Interest Earnings 3,633,918 3,137,088 496,830 86% 3,633,918 Proceeds from bond 2004A Bond Issue 9,302,760 9,302,760 - 100% 9,302,760 Proceeds from bond 2004B Bond Issue 11,050,000 11,050,000 - 100% 11,050,000 Proceeds from bond 2008 Bond Issue 8,000,000 8,000,000 100% 8,000,000 31,986,678 31,489,848 496,830 98% 31,986,678 Projects: 03119 New Swimming Pool 14,595,000 7,240,686 7,354,314 50% 14,595,000 04101 Old Harbor GymNoc Ed renovation 2,251,134 3,673 2,247,461 0% 2,251,134 04102 Larsen Bay School floor repair 339,883 2,110 337,773 1% 339,883 04103 Ouzinkie Gym renovation 2,933,305 1,094,422 1,838,883 37% 2,933,305 05002 Evacuation Center earthquake evaluation 500,000 327,272 172,728 65% 500,000 05009 Kodiak Middle School concrete repair 237,918 9,383 228,535 4% 237,918 05010 Kodiak High School asbestos & floor covering 304,704 212,518 92,186 70% 304,704 05011 District -wide floor covering replacement 728,708 500,059 228,649 69% 728,708 05012 Kodiak High School heating and ventilation 250,000 208 249,792 0% 250,000 05013 Kodiak High School insulastion and windows 596,020 4,249 591,771 1% 596,020 05014 Kodiak High School and Middle School roof repair 600,000 617,365 (17,365) 103% 600,000 05015 High School Voc ed /classroom reclaimation 4,840,788 168,913 4,671,875 3% 4,840,788 05016 East School heating and ventilation 520,000 127,136 392,864 24% 520,000 05017 Learning Center renovation 27,467 27,467 100% 27,467 KMS Seismic Upgrade, Phase II - 0% - Ouzinkie Sprinkler System 330,000 330,000 0% 330,000 Ouzinkie Generator Replacement 88,000 88,000 0% 88,000 Transfers to Project 05022 Fund 410 2,700,000 2,700,000 0% 2,700,000 Transfers to Project 05023 Fund 410 143,751 143,751 0% 143,751 Contingencies - - 0 % - 31,986,678 10,335,461 21,651,217 32% 31,986,678 Ordinance No. FY2009 -01 C Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget 6 Backup Info Ordinance No. FY2009 -01 C Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 Chiniak Grant 20,000 20,000 0% 20,000 ADF &G, fish research 200,000 200,000 0% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 0% 189,985 Homeland Security 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 23,500 0% 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 0% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 465,618 0% 465,618 07001 Area Wide School Equipment and Supplies 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 0% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 School District Computer Grant 70,000 70,000 0% 70,000 Emergency Communications and Planing 30,000 30,000 0% 30,000 08007 Kodiak Middle School Playground Equipment 10,000 10,000 0% 10,000 08006 Area Wide School Supplies and Equipment 130,000 130,000 0% 130,000 08008 Near Island Fish and Game Building 950,000 950,000 0% 950,000 Non - Structural Seismic Upgrades for Kodiak Schools - MEP 132,249 132,249 0% 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing 75,490 75,490 0% 75,490 Transfers in from fund 410 526,350 526,350 0% 526,350 Anton Larson Boat Ramp 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 0% 130,000 Dingell- Johnson Contribution 140,000 140,000 0% 140,000 Total Revenues 10,702,632 10,702,632 0% 10,702,632 Projects: 164 KIB Waste Management Implementation 1,741,400 936,714 804,686 54% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 875,200 21,150 98% 896,350 02107 ADF &G Research Study 200,000 152,448 47,552 76% 200,000 03114 Coastal Impact Program 319,985 307,471 12,514 96% 319,985 03118 Chiniak Multi -use Grant 20,000 20,000 - 100% 20,000 05019 Homeland Security 17,733 14,430 3,303 81% 17,733 05020 2005 PreDisaster Mitigation Grant 41,724 55,551 (13,827) 133% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 - 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 637,082 (171,464) 137% 465,618 06007 ADF & G Building Design 1,500,000 4,411 1,495,589 0% 1,500,000 06008 Summit Lake Trail 23,500 18,181 5,319 77% 23,500 07001 Area Wide School Equipment and Supplies 70,000 64,804 5,196 93% 70,000 07003 Island Lake Trail 48,000 3,817 44,183 8% 48,000 07004 Larsen Bay Equipment 70,000 55,000 15,000 79% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 3,147 6,853 31% 10,000 07007 School District Computer Grant 70,000 - 70,000 0% 70,000 07008 School Facilities Seismic Repairs 1,300,000 - 1,300,000 0% 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 11,692 88,308 12% 100,000 07010 ADF & G Near Island Facility 500,000 - 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 219,153 350,847 38% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 314,976 (6,632) 102% 308,344 07014 East Elementary School Siesmic Upgrade 138,606 5,802 132,804 4% 138,606 Emergency Communications and Planing 30,000 30,000 0% 30,000 08007 Kodiak Middle School Playground Equipment 10,000 4,872 5,128 49% 10,000 08006 Area Wide School Supplies and Equipment 130,000 93,459 36,541 72% 130,000 08008 Near Island Fish and Game Building 950,000 - 950,000 0% 950,000 Non - Structural Seismic Upgrades for Kodiak Schools - MEP 132,249 132,249 0% 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing 75,490 75,490 0% 75,490 Total Expenditures 10,702,632 4,736,843 5,965,789 44% 10,702,632 7 Backup Info Revised As of Difference Budget Revised Budget 10/31/08 % Adjustments Budget Fund 490 Landfill Capital Projects Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - 0 % Total Revenues 3,000,000 3,000,000 0% 3,000,000 165 Landfill Closeout/Leachate Treatment 3,000,000 2,792,585 207,415 93% 3,000,000 07013 Landfill Lateral Expansion - - - 0% Total Expenditures 3,000,000 2,792,585 207,415 93% 3,000,000 Fund 495 Hospital Capital Projects Hospital 660,288 660,288 0% 39,712 700,000 Providence - - 0% 200,000 200,000 Grant 0% 180,000 180,000 From Facilities Fund 0% 397,540 397,540 Denali Commission - 0% 1,802,347 1,802,347 Rasmusfon 0% 750,000 750,000 Murdock - - 0% 250,000 250,000 Denali Match - - 0% 125,000 125,000 Kodiak Foundation 0% 30,000 30,000 Denali ANTHC 0% 125,000 125,000 USDA Loan - 0% 900,000 900,000 USDA Grant 0% 1:,,.:s 105,000 Providence 0% SFr 281,943 From Facilities Fund 125,000 125,000 0% 125,000 Total Revenues 785,288 785,288 0% 5,186,542 5,971,830 03112 Hospital access and parking, Phase I & II 660,288 193,106 467,182 29% 817,252 1,477,540 05021 CHC architural Engineering _ 125,000 125,000 0% - 125,000 XXXXX Foundation - new clinic 0% 4,087,347 4,087,347 xxxxx Providence Leasehold Improvement 0% 281,943 281,943 Total Expenditures 785,288 193,106 592,182 25% 5,186,542 5,971,830 Fund 530 Solid Waste Collection /Disposal Revenues Waste Collection Waste Disposal Total Revenues Expenditures Waste Collection Waste Disposal Total Expenditures Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings Providence Hospital Lease Transfer in from Fern Fuller Use of Retained Earnings Total Revenues Expenditures and Transfers: Expenditures Total Expenditures Fund 555 - Kodiak Fisheries Research Center Revenues Expenditures Research Facility Dorm Facility Fund 560 - Telephone 911 Service Revenues Expenditures Ordinance No. FY2009 -01C 2,850,920 751,857 2,099,063 26% 1,285,085 471,977 813,108 37% 4,136,005 1,223,834 2,912,171 30% 1,584,200 2,551,805 4,136,005 1,660,810 1,868 1,658,942 0% 1,660,810 1,868 1,658,942 0% 70,320 70,320 8,879 61,441 13% 1,422 68,898 2% 8 Backup Info 2,850,920 1,325,085 4,176,005 419,462 1,164,738 26% 1,584,200 499,841 2,051,964 20% 40,000 2,591,805 919,303 3,216,702 22% 40,000 4,176,005 5,330 794 4,536 5,330 720,000 240,000 480,000 33% 720,000 66,500 66,500 0% 66,500 868,980 868,980 0% 39,712 908,692 1,660,810 240,794 1,420,016 14% 39,712 1,700,522 2,122,804 605,864 1,516,940 29% 2,122,804 2,084,604 490,638 1,593,966 24% 2,084,604 38,200 8,933 29,267 23% 38,200 70,320 70,320 SUMMARY: APPROVAL FOR AGENDA: e d e > KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 4, 2008 REGULAR MEETING TITLE: Mayoral Appointments of Assembly Representatives to Boards and Committees. ITEM NO: 13.D.1 Mayor Selby has asked that the Assembly confirm his appointment of Assembly member representatives to Boards, Committees, Commissions, and Councils as follows: Architectural Review Board Jerrol Friend Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Providence Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Louise Stutes Center Advisory Council School District Budget Advisory Committee Dave Kaplan School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board Chris Lynch Mayor Selby serves on the Economic Development Committee and Emergency Services Council. RECOMMENDED MOTION: Move to confirm the mayoral appointments of assembly member representatives to Boards, Committees, Commissions, and Councils. ASSEMBLYMEMBER'S NAME: APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the Assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Please mark your top five choices from 1 to 5, with 1 being your first choice, and return this form to the Clerk's office by Wednesday, November 6, 2007. 10/2007- 10/2008 Board or Committee Assem Iv Re presentative e-4/01 FrCeNvi, Architectural Review Board Economic Development Committee Mayor Selby Emergency Services Council Mayor Selma Joint Building Code Review Committee Reed Oswalt Jai' F+"r� Kodiak College Council Kodiak Fisheries Advisory Committee Parks and Recreation Committee Prov. Health System Service Area Board Prov. Kod. Is Counseling Center Advisory Council Chris Lynch Pat Branson f ires 12/311 es 009 School District Budget Advisory Committee Jeieedt School District Facilities Review Committee TceII School District Strategic Planning Committee Jew Ad V L.56V 13r ci. C inr6 1 -1 14-vi 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the Assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. ASSEMBLYMEMBER'S NAME: Please mark your top five choices from 1 to 5, with 1 being your first choice, and return this form to the Clerk's office by Wednesday, November 6, 2007. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES 1a� 8iat .L1 , 10/2007- 10/2008 Board or Committee Architectural Review Board Reed Oswalt Economic Development Committee Mayor Selby Emergency Services Council Mayor Selby Joint Building Code Review Committee Reed Oswalt Kodiak College Council Jerrol Friend Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Chris Lynch rov. Health System Service Area Board Pat Branson Expires 12/31/2008 Louise Stutes Expires 12/31/2009 School District Budget Advisory Committee Jerrol Friend School District Facilities Review Committee Tom Abell School District Strategic Planning Committee Jerrol Friend Prov. Kod. Is Counseling Center Advisory Council Assembly Representative 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the Assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. ASSEMBLYMEMBER'S NAME: C 1 & fO / ' Z v c Please mark your top five choices from 1 to 5, with 1 being your first choice, and return this form to the Clerk's office by Wednesday, November 6, 2007. Board or Committee 1 Architectural Review Board Economic Development Committee Emergency Services Council 3 Kodiak College Council Kodiak Fisheries Advisory Committee Parks and Recreation Committee Prov. Health System Service Area Board APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Joint Building Code Review Committee Prov. Kod. Is Counseling Center Advisory Council School District Budget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee Reed Oswalt Mayor Selby Mayor Selby Reed Oswalt Jerrol Friend Sue Jeffrey Chris Lynch Pat Branson Expires 12/31/2008 Louise Stutes Expires 12/31/2009 Jerrol Friend Tom Abell Jerrol Friend 10/2007- 10/2008 Assembly Representative APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the Assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. ASSEMBLYMEMBER'S NA Please mark your top five choices from 1 0 5, with 1 being your first choice, and return this form to the Clerk's office by Wednesday, November 6, 2007. 1 11 ' '- 10/2008 Board or Committee 'v Representative Architectural Review Board \'o Oswalt Economic Development Comm ' 1 11 , , `c s y Emergency Services Council S �� g ,� ,or Selby Joint Building Code Review Committe, Reed Oswalt Kodiak College Council Jerrol Friend Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Chris Lynch S Prov. Health System Service Area Board Pat Branson Expires 12/31/2008 Prov. Kod. Is Counseling Center Advisory Council Louise Stutes Expires 12/31/2009 School District Budget Advisory Committee Jerrol Friend School District Facilities Review Committee Tom Abell School District Strategic Planning Committee Jerrol Friend APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES 10/2007- 10/2008 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the Assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. ASSEMBLYMEMBER'S NAME: 5 Please mark your top five choices from 1 to 5, with 1 being your first choice, and return this form to the Clerk's office by Wednesday, November 6, 2007. Board or Committee Architectural Review Board Reed Oswalt Economic Development Committee Mayor Selby Emergency Services Council Mayor Selby Joint Building Code Review Committee Reed Oswalt / Kodiak College Council Jerrol Friend 6 Kodiak Fisheries Advisory Committee Sue Jeffrey c; 2-_. Parks and Recreation Committee Chris Lynch Prov. Health System Service Area Board Pat Branson Expires 12/31/2008 Prov. Kod. Is Counseling Center Advisory Council Louise Stutes Expires 12/31/2009 School District Budget Advisory Committee Jerrol Friend School District Facilities Review Committee Tom Abell School District Strategic Planning Committee Jerrol Friend Assembly Representative APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the Assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. ASSEMBLYMEMBER'S NAME: ()'y' LM v t,L Please mark your top five choices from 1 to 5, with 1 being your first choice, and return this form to the Clerk's office by Wednesday, November 6, 200e 10/2007- 10/2008 Board or Committee Assembly Representative Architectural Review Board Economic Development Committee Emergency Services Council Joint Building Code Review Committee Kodiak College Council Kodiak Fisheries Advisory Committee Z Parks and Recreation Committee Prov. Health System Service Area Board Prov. Kod. Is Counseling Center Advisory Council School District Budget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee 6DcAx3 Reed Oswalt Mayor Selby Mayor Selby Reed Oswalt Jerrol Friend Sue Jeffrey Chris Lynch Pat Branson Expires 12/31/2008 Louise Stutes Expires 12/31/2009 Jerrol Friend Tom Abell Jerrol Friend APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the Assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. ASSEMBLYMEMBER'S NAME: D m Key PLf1 0 Please mark your top five choices from 1 to 5, with 1 being your first choice, and return this form to the Clerk's office by Wednesday, November 6, 2007. 10/2007- 10/2008 Board or Committee Architectural Review Board Reed Oswalt Economic Development Committee Mayor Selby 3 Emergency Services Council Mayor Selby Joint Building Code Review Committee Reed Oswalt -1 Kodiak College Council Jerrol Friend Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Chris Lynch Prov. Health System Service Area Board Pat Branson Expires 12/31/2008 Li Prov. Kod. Is Counseling Center Advisory Council School District Budget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee Assembly Representative Louise Stutes Expires 12/31/2009 Jerrol Friend Tom Abell Jerrol Friend ASSEMBLYMEMBER'S NAME: APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the Assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Tu Please mark your top five choices from 1 to 5, with 1 being your first choice, and return this form to the Clerk's office by Wednesday, November 6, 2007. 10/2007- 10/2008 Board or Committee Architectural Review Board Reed Oswalt Economic Development Committee Mayor Selby Emergency Services Council Mayor Selby Joint Building Code Review Committee Reed Oswalt J Kodiak College Council Jerrol Friend . ") Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Chris Lynch Prov. Health System Service Area Board Pat Branson Expires 12/31/2008 Prov. Kod. Is Counseling Center Advisory Council Louise Stutes Expires 12/31/2009 School District Budget Advisory Committee Jerrol Friend School District Facilities Review Committee Tom Abell School District Strategic Planning Committee Jerrol Friend Assembly Representative KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 4, 2008 REGULAR MEETING ITEM NO: 13.D.2 TITLE: Confirmation of Mayoral /Assembly Appointments to Different Boards, Committees, and Commissions. RECOMMENDED MOTION: Move to confirm the Mayoral and Assembly appointments to different boards, committees, and commissions as follows: MAYORAL APPOINTMENTS Arts Council Advisory Board Cecelia A. Esparza to the seat to expire 2011 Sara Bruce to the seat to expire 2011 (application received after November 14, 2008) Parks and Recreation Committee Kevin Foster and Mike Sirofchuck to the seats to expire 2011 Planning and Zoning Commission Erin Harrington and Jim Purdy to the seats to expire 2011 Alan Torres to the seat to expire 2010 Solid Waste Advisory Board Barry Altenhof to the seat to expire 2011 ASSEMBLY APPOINTMENTS Board of Equalization Cassandra Juenger to the seat to expire 2098 Monashka Road Service Area Board Chaz Glagolich to the seat to expire 2011 - (This recommendation is based on a conversation with Clerk Javier. Mr. Glagolich expressed his desire to assume the seat declined by Mr. Withrow.) Name Sara Bruce 1413 Mission Road Kodiak, AK 99615 Cecelia A. Esparza P.O. Box 3813 Kodiak, AK 99615 Cathy Wilson P.O. Box 2038 Kodiak, AK 99615 Staff: Nancy Kemp, Staff Gerald C. Wilson Auditorium 722 Mill Bay Road Kodiak, AK 99615 Revision date: 12/10/07 Revised by: jk KODIAK ISLAND BOROUGH Term Home Phone Work Phone 486 -2704 486 -2958 486 -2958 Email saraian @gci.net C 2 00D 487 -9700 487 -2521 riptov@ptialaska.net 486 -5291 kodiak -arts- council @gci.net NAME: P .F CE HOME PHONE: -R( ---Nci se WORK: CELL NO: ,5 3q — 643/2 E -MAIL: czc,z_ e) P �i �A k) E T STREET ADDRESS: S 1 4 'o to Ar2'E MAILING ADDRESS: � , p , (3 O A 3 I ' 3 k-o t t P- k- LENGTH OF RESIDENCE IN KODIAK: 2c' t■ s ARE YOU A REGISTERED VOTER IN KODIAK? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: MerA6E2 /011/- rc- E&Q.. K w2�� At- It" ya ) gf c. S GA. i^net,Nerz VoLt)N en- ok? K►4\ T Uc�.rJ7��/L s7 4, t2—Y'S ;haiir sii'P si o/ kph/4K. KPL' PROFESSIONAL ACTIVITIES: 11vE ' hS u.i R c-s St .aQ 1.vct* - t. , AREA OF EXPERTISE AND /OR EDUCATION: SOC terL WOO-AC- — C-141t- A IRUTELr /0■% Alt> PTivNS , aoti 33 vs w'N.it_ E:912441;4,4e.,s I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. p U5 co OA:LIC- M i tsoo - &A -I) 2. 3. Kodiak Island 1$oroili LU Office of the Borough Clerk 710 Mill Bay Rbad - Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier@kodiakak.us BOARD APPLICATION Lecc" ESjA/ZZ i'r 4. IN ALASKA: YES V) YES M 11417105 Date NO ( ) NO ( ) MAs DER- cF s'actq -� Idop.k A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. Voter ID No Verified By: '^ Applicant's Residence; Bor gh ( ) City ( ) Date Appointed: Term Expires on: Comments: - STAFF USE ONLY - Documentation: Appointment Letter. Roster: Oath of Office: Financial Disdosure: NAM E: . � 64 /I' Z /c'.2 E -MAIL: fC4 rbt C/fl.t' !', 6 L'✓vl STREET ADDRESS: I L( .fld ( MAILING ADDRESS: I L ( f? 6/ LENGTH OF RESIDENCE IN KODIAK: �� c / 'S IN ALASKA: ARE YOU A REGISTERED VOTER IN KODIAK? YES (1 ARE YOU A PROPERTY OWNER IN KODIAK? YES PROFESSIONAL ACTIVITIES: e P is on C; AIj, EA OF EXPERTISE AND /OR EDUCATION:, ( 5 iv) :oi/IY 4y t"✓/ 5C, t -r r h V I - ) 1 ' 11,11AP 11( La ' � S /11 ll t( kJ i'y coc;lc)'(, ' t I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) y I, 6:&,A(A) A Ct ✓I Su" 6 Y/ 2. 1. 21 be 5 ._ Z o7 BOARD APPLICATION ( /iS-� Kodiak Island Borough Office of the Borough C 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907):86 -1 EMAIL: njavier a,kodiakak.us 6'51) j •LA., G41' P c t ci 6A Z. 1 ✓1 4. (1 / /( Og Date NO ( NO ( HOME PHONE: 2709 WORK: ' S 2-( 31 CELL NO: 1 ?7O-i COMMUNITY ACTIVITIES: ` Vvf - ec ) 4%/1 ( c" G l'In6 l (- �v� viA t� i Si'^(! � c/ c �� p - r l lG�'v� � i )4 ( 7vv-) f:/1 L i (i t v L. 41%14, ,n f " " (' (List in order of preference) A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the app' - tion by the advertised deadline. V242008 City (- Voter ID No Verified By: Applicant's Residence; Bor Date Appointed: Tenn Expires on: Cor ments: • STAFF USE ONLY Documentation: Appointment Letter. Roster: Oath of Office: Financial Disclosure: Mike Sirofchuck, Chair 2008 486 -6498 PO Box 970 Kodiak, AK 99615 Name Lor Demi 10928 Bells Flats Road Kodiak, AK 99615 KODIAK ISLAND BOROUGH Term Home Phone Work Phone 2010 Pam Foreman, Vice Chair 2010 486 -2588 486 -5557 pam kodiak.orq 1637 Three Sisters Way Kodiak, AK 99615 Kevin Foster saltrvcove a(� yahoo.com PO Box 3693 ° f Kodiak, AK 99615 Jeff Huntley 2009 486 -4013 486 -7620 mhuntlev(@,ptialaska.net 1015 Pine Crescent Kodiak, AK 99615 Ric Lindholm 2008 486 -8297 486 -8111 lin(cilgci.net P.O. Box 474 Kodiak, AK 99615 Patrick Saltonstall 2009 486 -2634 486 -7004 pgsalton @..gci.net P.G. Box 3553 Kodiak, AK 99615 Andy Schroeder 2010 481 -1121 539 -1979 aschroeder P.G. Box 301 Kodiak, AK 99615 rakenscrapeta'�hotmail.com 487 -2988 486 -9365 486 -0283 Email lori.demi(a�acsalaska.net Hans Tschersich 2009 486 -5648 486 -9521 xrayhansCa yahoo.com 1423 Baranof St. Kodiak, AK 99615 Chris Lynch (Assembly Rep, non - voting) 486 -6187 chrislvnch a( ..acsalaska.net 11175 Lake Orbin Drive Kodiak, AK 99615 Kevin Murphy (State Rep, non - voting) 486 -4688 486 -6352 kevin.murphy(a,alaska.gov 1400 Abercrombie Drive Kodiak, AK 99615 Ian Fulp (City Parks & Rec, non - voting) 486 -8670 ifulp a(�.citv.kodiak.ak.us 410 Cedar St Kodiak, AK 99615 Peggy Rauwolf (School Brd Rep., non - voting) 486 -8812 prauwolf a( ..gci.com 3571 Patrick Court Kodiak, AK 99615 Staff: Sheila Smith, Community Development Secretary - Revision date: 10/20/08 486 -9363 ssmithakodiakak. us Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 njaviera6 ak.us BOA14 APPLICATION r .p A 'r NAME: , • HOME PHONE: WORK: r - .)) CELL-NO c t j E-MAIL: 1\( c STREET ADDRESS: 4/r( "A •• MAILING ADDRESS: a 56(7 3 LENGTH OF RESIDENCE IN KODIAK: ; t, -r IN ALASKA: - . 4C i ARE YOU A REGISTERED VOTER IN KODIAK? YES t‹) NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES ( ) NO (4 COMMUNITY ACTIVITIES: C u (A6,‘12— 4t' I -" PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND/OR EDUCATION: 41 • I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List In order of preference) 1. Pole-S P-4L‘ (, 2. 3. - 7 S' nature €ff c i e e 4. Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please retum the applicatiqn by the advertised deadline. • STAFF USE ONLY - Voter ID No Vetted By: Documentation: Appointment Letter. Applicant's Residence; Borough ty ( ) Roster Date Appointed: Oath of Office: Term Expires on: Financial Disclosure: Comments: BOARD APPLICATION NAME: Mike Sirofchuck HOME PHONE: 907 - 486 -6498 WORK : 907 - 486 -1203 E -MAIL: rakenscrape anhotmail.com STREET ADDRESS: 4288 Cliffside road MAILING ADDRESS: Box 970 LENGTH OF RESIDENCE IN KODIAK: 21 years IN ALASKA: 28 years ARE YOU A REGISTERED VOTER IN KODIAK ? YES ARE YOU A PROPERTY OWNER IN KODIAK? YES COMMUNITY ACTIVITIES: Kodiak State Parks CAB, KMXT CAB, Pasagshak Bridge Association President, current chair of KIB Parks and Rec Committee (member for 7? years), Kodiak Wildlife Refuge volunteer, Alaska State Parks volunteer. PROFESSIONAL ACTIVITIES: N/A — retired public school teacher. AREA OF EXPERTISE AND /OR EDUCATION: B.S. Ed Ohio University 1976 M.A. Lit. Ohio University 1978 Postgraduate work: UAA, UAF, UASE Served on Parks & Rec committee since its recreation (except for brief hiatus when Gabrielle LeDoux was mayor) Signature MLke SCrafchack. Date 07 October 2008 A resume or letter of interest may be attached, but is not required. - STAFF USE ONLY - Voter ID No Verified By: Appointment Letter: Applicant's Residence; Borough Roster: Date Appointed: Oath of Office: Term Expires on: Financial Disclosure: Comments: City ( ) Documentation: Name David King (B) (Chair) 2949 Spruce Cape Dr #1 P.O. Box 3634 Kodiak, AK 99615 Erin D. Harrington (C) 1325 Mission Road Kodiak, AK 99615 Casey Janz (B) 10674 Chiniak Dr. Kodiak, AK 99615 Vacant William Kersch (C) 1812 Mission Road Kodiak, AK 99615 Jim Purdy (B) 2769 Lakeview Drive Kodiak, AK 99615 Brent Watkins (C) 307 Childs Drive Kodiak, AK 99615 B= Borough Seat C =City Seat Revision date: 11/10/2008 Revised by: jk KODIAK ISLAND BOROUGH Planning an L. oning Commission Term 2009 2009 2009 486 -4854 715 - 475 -8336 (cell) 481 -2930 487 -4055 2010 486 -1717 Staff: Bud Cassidy, CDD Director Duane Dvorak, CDD Assoc. Planner /LRP Sheila Smith, CDD Secretary Home Phone Work Phone 486 -8848 942 -1323 486 -9363 486 -9363 486 -9363 Email (H)dkingak @gci.net (W)david_king @fws.gov erinfish @gmail.com 487 -2125 (H)cjanz @ptialaska.net (W) cjanz01@kodiakschools.org williamusps @yahoo.com 486 -7661 486 -1945 kodiaklandsurveying @AK.net brentski @yahoo.com bcassidy a(� kodiakak.us ddvorak@kodiakak.us ssmith us NAME: BOARD APPLICATION e. P.36-1 HOME PHONE: i'+ 1 WORK: E -MAIL: (f (l ft..1 fo STREET ADDRESS: ys .t.ef • MAILING ADDRESS: . -,( ( LENGTH OF RESIDENCE IN KODIAK: b(A.A. , f 1 ARE YOU A REGISTERED VOTER IN KODIAK? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: ISIC4s4 TiTAt s *1 Z ' 5 , d I- iL ASS Yi t t►: ; ►i �.: cal �' (� Ala. • ' ►l t . T . , -: ./- PROFESSIONAL ACTIVITIES: AREA OF ., ! EXPERTISE J RTISE AND/OR EDUCATION: 1 1 ° 5�l a r ■ (' f 1J ,,4 1 Es[.jI�YY �T `Ae�'�1 e. of \s�. �` !1 `. / `Z F. Y" f". I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. ?C AA �� tip l .>��r "'✓'1'�/�'�►"�/ ° v�2. 4. 3. .c r Signature r 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@a,kodiakak.us CELL NO: SO4,.. k o ! IN ALASKA: G(.3 1 / (rs YES (X) NO ( ) YES ( ) NO <) Dlt A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. -- Voter ID No Verified By: ;� Applicant's Residence; B gh,(Y( City Date Appointed: Term Expires on: Comments: -STAFF USE ONLY Documentation: Appointment Letter. Roster. Oath of Office: Financial Disclosure: oRnL H c± ¢_r,, 'c CF(-KP FROM : KODIAK IS BOROUGH A4A5K NAME: HOME PHONE: 4' y `c STREET ADDRESS: 2 7 "6 ,ee z m vp,x - MAILING ADDRESS: See LENGTH OFF RESIDENCE IN KODXAK: REGISTERED VOTER: YES Pa NO () PROPERTY OWNER IN KODIAK: YES QQ NO ( ) COMMUNITY ACTIVITIES: 1200 � S c- 94/4'A''i,' i G dJ% 4 :G . 4v l'd't/ Oct .7 ' 0 h e, f J . e2.0 7 PROFESSIONAL ACTIVITIES: iP C V. S' � �J �c�yC : �iUn o ✓t/�.�J"L. �/r! E?2, Gq • . AREA OF EXPER'T`ISE AND /OR EDUCATION (that would benefit membership on Boards) 9.2 deeec!'7t o • 7g J fi,q I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference): I401/4/4V #9i1l zio•vi.4/6- 3 . Signature 4. < ISLAND BOROUGH THE BOROUGH CLE MILL BAY ROAD IAK, ALASKA 99615 NE: (907) 486 -9310 FAX; (907) 486 -9391 WORK PHONE: //4 bate t4i 7 486 9346 Nov. 03 2005 11:23PM Pi BOROUGH CLERK'S OFFICE ge6 c?J 5 s TN ALASKA: z3 y � A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year, Please return a • • lication b the advertised deadline. - 8rAFF uss ONLY Voler ID No Verified $y . J OoeumemiUorr Appointment loiter eopdea ss R moo: Bo . • al — ((j Roster: OaEO AppOktea: Oath of Office: Term explree OT F nanaial Oiedoture: Com■nvle: /0 2 /o? > -6-, 4 �J� Le.,z t9v - /tA.u) NAME: 1 V ?u S -1 HOME PHONE: 466 WORK: CELL NO: E -MAIL: eK-• LND 302.-Q t NC k T — STREET-ADDRESS: ( 1 LA It• C \ I L'\- D 1 . MAILING ADDRESS: P.C) - X l- 2- LENGTH OF RESIDENCE IN KODIAK: "iO IN ALASKA: ARE YOU A REGISTERED VOTER IN KODIAK? YES ( t{ ARE YOU A PROPERTY OWNER IN KODIAK? YES( NO( ) COMMUNITY ACTIVITIES: �j PLA t N 6,, / fit �y QG MAA t SS1 PROFESSIONAL ACTIVITIES: AtkP SO CI (1) _, .AND c orLio o� AREA OF EXPERTISE AND /OR EDUCATION: I Gam% v LA{ C 5i30,k;c1cQ,.., I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. P1-1 \A) AvI) 2&1\-%11\% C-� 4. na ure Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (90' EMAIL: njavier @kodiakakus BOARD APPLICATION ) Dat / 0 fi NO ( ) A resume or letter nterest may be attached, but is not required. This application will be kept on file for one year. Please return the . • • 'cation by the advertised deadline. Voter ID No Verified By: Documentation: Applicant's Residence; Bor• T 7 City ( ) Date Appointed: Term Expires on: Comments: - STAFF USE ONLY • Appointment Letter. Roster: Oath of Office: Finanaal Disdosure: NOV 1 4 2008 Name Barry Altenhof — I - P.O. Box 1373 Kodiak, AK 99615 Vacant Cindy Harrington P.O. Box 8166 Kodiak, AK 99615 Richard Pillans 322 Lilly Drive Kodiak, AK 99615 Construction Business Representative Ed Mahoney 2010 P.O. Box 2281 Kodiak, AK 99615 Retail Business Representative Laurie Murdock 3272 Mill Bay Road Kodiak, AK 99615 Ex Officios /non voting: Assembly Representative Chris Lynch 11175 Lake Orbin Drive Kodiak, AK 99615 KIB Staff Representative Tracy Mitchell (Ex- officio, non - voting) Environmental Specialist United States Coast Guard Representative LCDR Deborah Darminio CW04 Stephen Allbee, Alternate City of Kodiak Representative Mark Kozak 2410 Mill Bay Road Kodiak, AK 99615 Revision date: 11/10/08 Revised by: jk KODIAK ISLAND BOROUGH Solid Waste Advisory Board Home Phone Work Phone Email 2008 486 -6238 2009 Marion Owen 2010 486 -5079 1223 W. Kouskov Kodiak, AK 99615 2010 486 -9488 486 -9488 cindyh 2009 486 -2849 486 -6554 rick.threshold(a.gci.net 486 -5759 539 -1234 cell builders otialaska.net 2009 539 -2124 486 -6181 murdock.laurie a(�.gmail.com 487 -2244 486 -9348 487 -5320 ext. 252 487 -5320 ext. 257 486 -8060 486 -8066 (fax) STAFF: Mary Barber, Secretary III 486 -9343 Engineering and Facilities 486 -9394 Fax baltenhof a(� gci.net mygarden @alaska.net 539 -2494 chrislvnch titchell aAkodiakak.us deborah.k.darminio uscg.m mkozakcity.kodiak.ak.us mbarber Jessica Kilborn From: support @civicplus.com Sent: Friday, November 14, 2008 3:22 PM To: 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:: Solid Waste Advisory Board Name:: Barry Altenhof Home Address:: 3255 Woody Way Home Phone Number:: 4866238 Mailing Address:: Box 1373 Business Phone Number:: same as home Occupation:: High School Teacher Email Address:: baltenhofkci.net Length of Residency in Kodiak:: 19 years Are you a registered voter:: Yes High School:: Lansing Eastern H.S., Lansing, Mich. College:: Michigan State Univ., B.S. Trade or Business School:: Hobbies:: Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: Yes If yes, which:: Solid Waste Advisory Please list organization memberships and positions held:: i Please List Areas of Special Interest: Continuing to pursue efficient operation of waste mgt. and recycling facilities on Kodiak Island. Please Enter Basic Resume Information Below: 1965 -High School 1969 -BS, Michigan State Univ. 1970 -1972, Cong. James T. Broyhill, Wash. DC 1972 -1990, Building Contractor, Colo. & Mont. 1990 - Present- Drafting Teacher, Kodiak High School Additional Information: Form submitted on: 11/14/2008 3:21:42 PM Submitted from IP Address: 24.237.225.101 Form Address: http: / /www.kodiakak.us /forms.asp ?FID =72 2 So'/0 W/¢ A 1 ✓«`1 BOARD APPLICATION NAME: IOC/if S2.4414> HOME PHONE: 4Y.6.- 3 k.5 3 WORK : Z,5 1- SP53 MAIL:`'Jp�S�p�� gG�,i1Gf STREET ADDRESS: / ?/ 9 S ‘.G /LF MAILING ADDRESS: PO i ')( / &,3,3 M'DD /AMY ,lf{ 9 /S LENGTH OF RESIDENCE IN KODIAK: 4,1 y,4445 IN ALASKA: 3 %6145 ARE YOU A REGISTERED VOTER IN KODIAK ? NO ARE YOU A PROPERTY OWNER IN KODIAK? NO COMMUNITY ACTIVITIES: Ayer' Ave) /1 Aokz eveyL 1'vD,Ag 1/2ti5 Cia,A Aec .6444/0 { -5-142.77.L of aeo tr445 l(Do /Ag .17544/4.9 5 d QI /4.iD giscvE PROFESSIONAL ACTIVITIES: , A 14 i.'I c is d,/rrAV Larr44xit. 6,94‘ C#14442 & co fi wie . AREA OF EXPERTISE AND /OR EDUCATION: ,di,si bi 0x00 ,W r, d rd�t'tc� ��i +,G et4. woo Art r f/Ah�E s-P40 -5;64444 S/ar/ / 7l * • r 41, Ai c izild Tb svii z). . r Sign Date A resume or letter of interest may be attached, but is not required. • STAFF USE ONLY - \\dove\borough \CL \BOARDS\2006 BOARD APPLICATION.doc f RCVt OCO R ID ASc2eMekLi Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska §§ -- -� Phone (907) 486 -9310 Faux; (907) 486 -9391 QCT O OGOO Voter ID No Verified By: f V Documentation: Appointment Letter: Applicant's Residence; Borou (.) City ( Roster: Date Appointed: Oath of Office: Temt Expires on Financial Disclosure: Comments: Revision date: 5/9/2008 Revised by: mlm KODIAK ISLAND BOROUGH Name Term Home Phone Work Phone Email Cassandra Juenger, Chair 2008 486 -2221 486 -9325 cassandra123(a�gci.net * 3899 Harry Nielsen Kodiak, AK 99615 Karenia Hackett 2010 486 -6168 486 -8111 kareniah@kiha.org P.O. Box 3533 Kodiak, AK 99615 Tim Hurley 2009 486 -5584 486 -4433 thurley(c�alaska.com 1148 Wolkoff Lane P.O. Box 864 Kodiak, AK 99615 Cheryl McNeil 2008 486 -8415 486 -3100 mcneilmom c(�yahoo.com 2147 Three Sisters PO Box 3235 Kodiak, AK 99615 Jim Nagan 2009 486 -3717 486 -3717 jnagan12 @gmail.com 1217 Rezanof Drive Kodiak, AK 99615 Alternate: Cheryl Boehland 2010 487 -4448 486 -3480 seabee @ptialaska.net 11206 West Rezanof P.O. Box 8529 Kodiak, AK 99615 Staff: Tom Anderson, Assessor 486 -9350 tanderson@kodiakak.us Nova M. Javier, Borough Clerk 486 -9310 njavier@kodiakak.us KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. Nova Javier From: support @civicplus.com Sent: Wednesday, October 22, 2008 5:14 PM To: 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:: Board of Equalization Name:: Cassandra Juenger Sex:: Female Home Address:: 3899 Harry Neilsen Ave Home Phone Number:: 486 -2221 Mailing Address:: same as home Business Phone Number:: 486 -9325 Occupation:: Accountant Email Address:: cassandra1230gci.net Length of Residency in Kodiak:: 4 yrs + Are you a registered voter:: Yes High School:: West Monroe High School College:: University of Louisiana,Monroe & University of Nevada, Reno Trade or Business School:: Hobbies:: Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: Yes If yes, which:: BOE & P &R Please list organization memberships and positions held:: AGOFA & GFOA member Please List Areas of Special Interest: Please Enter Basic Resume Information Below: Additional Information: Form submitted on: 10/22/2008 5:13:46 PM Submitted from IP Address: 209.165.152.101 Form Address: http: / /www.kodiakak.us /forms.asp ?FID =72 2 Name Darlene Turner, Chair 2046 Three Sisters Way Kodiak, AK 99615 Randy Spivey 1709 Three Sisters Kodiak, AK 99615 Jim McCullough 1769 Three Sisters Way Kodiak, AK 99615 Revision date: 02/2122008 Revised by: nj KODIAK ISLAND BOROUGH onash oad Service Area Term Home Phone Work Phone Email 2009 486 -6390 481 -6390 djturner @asmilingbear.com Andrew Devries, Secretary 2010 486 -1422 487 -5808 andrewdevries52@hotmail.com 2653 Devil's Prong P.O. Box 3513 Kodiak, AK 99615 ext. 1 Chaz Glagolich 2011 486 -6930 486 -6930 1370 Mountain View Drive P.O. Box 2826 Kodiak, AK 99615 Note: Mark Withrow was elected and declined to assume the seat 0I9 VJ ewld o SStitvne ' 2009 486 -8890 486 -8076 eicmieicanie spivey @ak.net 2010 486 -9480 486 -1801 jim.mccullough @alaska.gov SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT DECEMBER 4, 2008 REGULAR MEETING TITLE: Recommendation for Appointment to Board Seats on the Providence Kodiak Island Service Area Community Board. Providence Kodiak Island Medical Center has submitted the names of Ken Knowles and Steven Honnold to the Providence Kodiak Island Service Area Community Board. Attached is the letter from Providence dated November 20, 2008. Per Contract No. 97 -07A: An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence. One assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the opportunity for review and comment before appointments to the advisory board are made. Ms. Branson is the Assembly representative, appointed under Item 13.D.1. APPROVAL FOR AGENDA: ITEM NO: 13.D.3 RECOMMENDED MOTION: Move to recommend the appointment of Ken Knowles and Steven Honnold to the Providence Kodiak Island Service Area Community Board. Providence Kodiak Island Medical Center Hospital Administration 1915 East Rezanof Drive Kodiak, AK 99615 t: 907.486.9595 f: 907.486.2336 www.providence.org November 20, 2008 Jerome Selby 710 Mill Bay Road Kodiak, AK 99615 Re: Appointment of Pat Branson, Ken Knowles and Steve Honnold to the Providence Kodiak Island Service Area Community Board. Dear Honorable Selby and Assembly Members: The Kodiak Island Service Area Board is recommending the nomination of Pat Branson, Ken Knowles and Steve Honnold to fill the Service Area Board member vacancies as of December 2008. Ms. Branson and Mr. Honnold have contributed to our success for many years as active members of the Board, and Mr. Knowles, who has served with us this past year, is a long time community member and the Service Area Board believes he will continue to add value to the Board. Please let us know if you have any concerns or comments regarding the above nominations to the Kodiak Island Service Area Board. Sincerely, Donald J. Rush, CEO Providence Kodiak Island Medical Center t PROVIDENCE Kodiak Island Medical Center 5: zz O v Lli O �\ ON The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. S3A Ms. Branso# Mr. Friend ding •sW Aalger 'sW uelde>{ JW Ms. Lynch Ms. Stutes TOTAL: Mayor Selby CO O w N ON S3A Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes J TOTAL: Mayor Selby vd m 0 Z O w cn ON S3A Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes EIR VOTE? VI TOTAL: Mayor Selby M V 1 G Z O W U) ON S3A Ms. Branson Mr. Friend dinj •syl r Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby M z Z w N ■ ON S3A \ \ Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby I N a) L KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET \ � m \'-'--, p Z W . ON •(igwasse aye to aeon eil ooiq /aaiq e si alaql pue;uesaid aae i(nwesse ay; to siogwew xis Apo alai" aseo aye u! ;deoxa a on;ou Aew Joi(ew au S3A \ \ \ \ \ \ Ms. Branson Mr. Friend dind sW Ms. Jeffrey Mr. Kaplan- Ms. Lynch Ms. Stutes TOTAL: Mayor Selby m V W co M .:,, ON S3A \ \ \ \ \ \ \ \--- Ms. Branson Mr. Friend dind sw Ms. Jeffrey, ueldeyi •JIN Ms. Lynch Ms. Stutes :1`101 Mayor Selby m C Z O V co ON S3A Ms. 8 Mr. Friend dind • SIAJ Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes 'EIR VOTE? VI TOTAL: Mayor Selby mu) Z o V s 'IC Q clj p ON C) S3A \ \ \ \ \ \ t s, Ms. Branson Mr. Friend alnj 'sW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby m 1 N Q ON 0 [S3Aj \ \ \ \ \ \ 0 z W cn Ms. Branson I Mr. Friends C1 Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby • 'U N Q N 0) O O U) c c 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Q v Z U W m v0 ON 0 The mayor may not vote except in the case where`only six members of the assembly are present and there is a three /three tie vote of the assembly. S3A \ \ Ms. Branson Mr. Friend dln� sW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby ,t_ 1 C \\.,.. ‘. 0 . .A W CO U) ON S3A Ms. Branson Mr. Friend -q Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby 84- ,_ i T O 4 >- W m cn ON O S3A \` )-- Ms. Branso4 Mr. Friend dinj siry Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes IEIR VOTE? V TOTAL: Mayor Selby k) b \\_ b VI o W M cA [ON sQ S3A \ \ \ \ a--- Ms. Branson Mr. Friend ding sW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby i 7-T.' e s_., \---i 'c,,, (1 .. ) ,.. 0 o 0 Z O V W M cn ON S3A \ \ \ \ Ms. Branson Mr. Friend dln j sW Ms. Jeffrey TOTAL: Mayor Selby Mr. Kaplan Ms. Lynch Ms. Stutes—I G z 0 0 m v) 1ONI The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. S3A Ms. Branson Mr. Friend dinj sw Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby 6 Z 0 0 )' w m u) ON S3A Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby 6 Z 0 w m co ON S3A Ms. Branson Mr. Friend ding sW Ms. Jeffrey ueldeN •aW Ms. Lynch Ms. Stutes EIR VOTE? VI TOTAL: Mayor Selby G Z 0 >- w m co ON S3JlJ Ms. Branson Mr. Friend dinj •sw Ms. Jeffrey 1 Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby M G �' Z o w m m 1 ON O 1 S3A 1 \ ) Ms. Branson Mr. Friend dln� •sIN Ms. Jeffrexp Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby To 'U a) a. c 7 C) ce -p a) c c 0 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: ! y )°? Please PRINT your name Please PRINT your name ATTEST: CITY CLERK First Reading: Second Reading: Effective Date: Ordinance No. 1246 Page 3 of 3 CITY OF KODIAK MAYOR