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2011-07-07 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, July 7, 2011, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk () are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. • 5. APPROVAL OF MINUTES A. Regular Meeting of May 19, 2011 and June 2, 2011, and Special Meeting of June 9, 2011. 6. AWARDS AND PRESENTATIONS 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2011 -17 Rezoning a Portion of Tract G and Tract H, Bells Flats, Alaska Subdivision From PL— Public Use Zone To RR1 -Rural Residential One. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2012 -01 Providence Kodiak Island Counseling Center Services to Kodiak Island Borough School District for School Year 2011 -2012. 2. Contract No. FY2012 -02 Kodiak Landfill Lateral Expansion Phase I Clearing, Excavation, and Fencing. 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 B. Resolutions 1. Resolution No. FY2012 -03 Approving Fiscal Year 2012 Kodiak Island Borough Non - Profit Funding. 2. Resolution No. FY2012 -04 Declaring Lot 4, Block 10, Port Lions Subdivision as Surplus to the Borough's Needs and Authorizing the Disposal of this Former Teacherage and Lot for Less than Fair Market Value to the City of Port Lions. C. Ordinances for Introduction 1. Ordinance No. FY2012 -03 Rezoning Proposed Tracts A, B, and C, Ouzinkie Harbor Subdivision, From R1- Single - Family Residential To I — Industrial (City Of Ouzinkie & Ouzinkie Native Corporation). D. Other Items 1. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission. 2. *Declaring a Seat on the Board of Equalization Vacant. 3. *Declaring a Seat on the Service Area No. 1 Board Vacant. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Regular Meeting of March 15, 2011. 2. Parks and Recreation Committee Regular Meetings of May 10, 2011, and May 24, 2011. 3. Planning and Zoning Commission Regular Meeting of May 18, 2011. B. Reports 1. Kodiak Island Borough March 2011 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 May 19, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, May 19, 2011, 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. Captain John Quinn of the Salvation Army provided the invocation. Deputy Presiding Officer • Friend led the Pledge of Allegiance. Present were Deputy Presiding Officer Jerrol Friend, Assembly members Carol Austerman, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Mayor Selby who was attending a Western Interstate Region Conference. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA AUSTERMAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of April 7 and April 21, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Deputy Presiding Officer Friend presented the Student of the Month Awards for April 2011 to Andrea Rita Barragan, a senior at Danger Bay School and for May 2011 to Rose Ann Arcilla, a junior at Kodiak High School. Manager Gifford presented the Employee of the Quarter Award to Teresa Medina, Cashier, in the Finance Department. Kodiak Chamber of Commerce Executive Director Trevor Brown provided an annual report and an economic development update. Kodiak Island Convention and Visitors Bureau (KICVB) Executive Director Janet Buckingham provided a presentation on the services of the KICVB. Kodiak Island Borough Assembly Minutes May 19, 2011 Page 1 CITIZENS' COMMENTS Bob Stanford and Dake Schmidt spoke in support of tourism funding and thanked KICVB staff for their hard work on behalf of the community. COMMITTEE REPORTS Assembly member Stutes reported on the Southwest Alaska Municipal Conference (SWAMC) Board meeting that was held on Thursday, May 19, 2011. Assembly member Jeffrey announced that the Kodiak Fisheries Advisory Council (KFAC) would hold a meeting on Friday, May 20, 2011, at the Kodiak College. PUBLIC HEARING A. Resolution No. FY2012 -01 Establishing the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District (KIBSD) for the Fiscal Year Beginning July 1, 2011 and Ending June 30, 2012. KAPLAN moved to adopt Resolution No. FY2012 -01. KIBC 3.15.030(B) provided that the school district shall submit to the manager the proposed budget and local support requirements by the 30 of April. The School Board submitted their budget on April 29, 2011. Alaska Statutes 14.14.060C provided that if the Assembly did not, within 30 days, furnish the School Board with a statement (resolution) of the sum to be made available, the amount requested in the School Board budget would be automatically approved. Per Borough Code, the Assembly determined the total amount of money to be made available from local sources for school purposes. KIBC 3.15.050 provided that by June 10 the Assembly would appropriate the amount to be made available from local sources for that purpose in the Borough budget. KIBC 3.35.060(E) provided that the property tax levy for school and municipal purposes would be separately made and fixed and KIBC 3.60.020 provided that all motor vehicle registration taxes would be allocated to the area wide school system. Deputy Presiding Officer Friend opened the public hearing. Aaron Griffin, Lisa Johnson, Marilyn Davidson, Fran March, Mitchell Davidson, Nancy Moon, Bill Watkins, Lucas Gerlitz, John Cannon, Rose Ann Arcilla, Tasha Pederson, Kimberly Cumbert, Rosevonne Sala, Puni Timu, Gene Gill, Carl Burnside, Margaret Bosworth, Paul Gill, Chris Otto, Jennie de la Fuente, Carolyn Craig, Sharon Blakeslee, Cassie Olin, Cathy Wilson, Ben Kervickslauger, Melissa Borton, KIBSD Superintendent Stewart McDonald, Petal Ruch, Robert Otto, Ron Bryant, Mary Forbes, Michael Remy, Deborah Kirk, Kindra Barry, Kim Dorner, Hannah Dunbar, Nique de la Fuente, Suzanne Repoza, Angie Chervenak, KIBSD Finance Director Luke Fulp, Katie Oliver, Nancy Castro, Phil Johnson, and Elizabeth Dano spoke in opposition of amending Resolution No. FY2012 -01 and supported full funding for the KIBSD to continue education efforts, sports, and activities. Kodiak Island Borough Assembly Minutes May 19, 2011 Page 2 Lorna Arndt spoke in support of using Alaska Permanent Fund Dividends to fund education. Mel Stephens spoke in support of amending Resolution No. FY2012 -01. Deputy Presiding Officer Friend closed the public hearing and recessed the regular meeting at 9:50 p.m. The regular meeting was reconvened at 10 p.m. JEFFREY moved to amend Resolution No. FY2012 -01 to fund the School District budget up to $9 million. ROLL CALL VOTE ON MOTION TO AMEND FAILED SIX TO ONE: Austerman, Friend, Fulp, Kaplan, Lynch, and Stutes (Noes); Jeffrey (Aye). ROLL CALL VOTE ON MAIN MOTION CARRIED SIX TO ONE: Friend, Jeffrey, Kaplan, Lynch, Stutes, and Austerman (Ayes); Fulp (No). B. Ordinance No. FY2011 -16 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.45 Severance Tax Section 3.45.020 Resources Subject to Tax and Section 3.45.010 Definitions. AUSTERMAN moved to adopt Ordinance No. FY2011 -16. This ordinance would change the severance tax rate from the current mill rate to a fixed percentage. Instead of spreading severance tax revenues across all area -wide funds that levied a property tax, all proceeds would go to the general fund. Under the current regulations, the severance tax rate would have to be increased any time an area -wide service would be started if it was going to be financed with property taxes. With the current Borough accounting system, allocating severance taxes to more than one fund would be extremely difficult. This also clarified that the severance tax rate would not be set when the annual budget was adopted. AUSTERMAN moved to amend Ordinance No. FY2011 -16 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend (Ayes); Fulp (No). Deputy Presiding Officer Friend opened the public hearing. Mel Stephens spoke in opposition of Ordinance No. FY2011 -16. Aaron Griffin asked for clarification regarding the severance tax and the levied mill rate and spoke in support of Ordinance No. FY2011 -16. Kodiak Island Borough Assembly Minutes May 19, 2011 Page 3 Deputy Presiding Officer Friend closed the public hearing. KAPLAN moved to postpone Ordinance No. FY2011 -16 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED SIX TO ONE: Jeffrey, Kaplan, Lynch, Stutes, Austerman, Friend (Ayes); Fulp (No). BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Success of the Spring Clean -up Event on May 7, 2011. • Borough and City Staff meeting with Alaska Department of Transportation (ADOT) Director to discuss various Kodiak DOT projects of interest to the public. • State Legislative session update. • Coastal Management Program was not extended and grant funding would be reduced. Concerns were expressed on how this would affect the smaller communities. Assembly members discussed the possibilities of the Borough's and SWAMC's involvement in the process. MESSAGES FROM THE BOROUGH MAYOR (Deputy Presiding Officer) None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2011 -01A Amending Ordinance No. 2011 -01 Fiscal Year 2011 Budget by Amending Budgets to Account for Various Revenues that are Over and Under Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. JEFFREY moved to adopt Ordinance No. FY2011 -01A in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance: • Reduced the budget for real and personal property tax revenues which will be $134,000 less than the original budget. • Increased the severance tax revenue by $250,000. Kodiak Island Borough Assembly Minutes May 19, 2011 Page 4 • Reduced the raw fish tax budget by $173,615 due to lower than expected revenues. • Reduced the General Fund budget for interest earnings by $200,000 due to poor market conditions. • Increased the General Fund budget by $522,059 due to an Exxon Valdez settlement. • Increased the General Fund fixed asset revenue line item by $6,047 due to the sale of fixed assets that were not budgeted. • Increased the budget for attorney services by $40,000. • Increased the Health and Sanitation department by $18,315 and decreased the Culture and Recreation Department by the same amount. • Reduced the contribution to libraries by $6,000. • Increased the General Fund transfer to Fund 290 special projects by $147,372 (Code Update $95,000 and Road System Trails Plan $75,000). • Increased the surveys account in the Land Sales Fund by $33,000. • Increased the Building and Grounds Fund MHC Apartment department by $8,427. • Reduced the Coastal Management Department by $12,000. • Reduced the Local Emergency Planning Committee grant by $6,825. • Increased the Building and Grounds Fund School Building Major Repairs by $30,000. • Reduced the Facilities Fund transfer to the Debt Service Fund by $26,000. • Increased Project 03119 by $165,000, New Swimming Pool, to cover the costs of artwork and additional construction. • Accepted and budgeted a grant increase of $218,374 in the State Seismic Reimbursement Project. • Accepted and budgeted a $462,000 grant for the KMS Seismic Upgrade. • Adjusted the expenditure budget in Funds 450 and 469 due to overages in some projects and savings in others per the attached schedule. • Budgeted a loan of $2,612,000 for landfill improvements (project 07013). • Budgeted for an additional $917,197 in grants in Fund 450. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. 2. Ordinance No. FY2012 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2011 and Ending on the Thirtieth Day of June 2012 (Fiscal Year 2012 Budget). KAPLAN moved to adopt Ordinance No. FY2012 -01 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. This ordinance also levied a tax on the real and personal property within the Borough. Finance Director Short and Engineering and Facilities Director Koning provided additional information regarding the proposed budget. Kodiak Island Borough Assembly Minutes May 19, 2011 Page 5 JEFFREY moved to extend the meeting time until midnight. ROLL CALL VOTE ON MOTION TO EXTEND THE TIME OF THE MEETING CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. Other Items 1. Declaring a Seat on the Womens Bay Service Area Board Vacant. JEFFREY moved to accept, with regret, the resignation of Ms. Amanda Henderson from the Womens Bay Service Area Board for a term to expire October 2013, and direct the Borough Clerk to advertise the vacancy per Borough Code. On April 26, 2011, Ms. Amanda Henderson submitted a notice of resignation from the Womens Bay Service Area Board for a term to expire October 2013. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 2. State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for Angelo's, 2625 Mill Bay Road, Kodiak, AK, Lic. No. 3458 (Licensee: Anna Maria Kaloumenou). JEFFREY moved to approve the State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for Angelo's, 2625 Mill Bay Road, Kodiak, AK, Lic. No. 3458 (Licensee: Anna Maria Kaloumenou). Angelo's Restaurant filed a Restaurant Designation Application with the Alcoholic Beverage Control (ABC) Board that would allow persons under the age of 19 to enter licensed premises for the purpose of non - alcoholic related employment or dining, pursuant to 15 AAC 104.715 -795 and AS 04.16.049. AAC, Title 13, Chapter 104- 725(e) stipulated that an application for a new restaurant designation must be approved by the local governing body having jurisdiction over the area in which the licensed premises exists. Therefore, the ABC Board forwarded the application to the Borough for Assembly approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. CITIZENS' COMMENTS Mel Stephens spoke on the KIBSD's and Assembly's budget process. Stewart McDonald, KIBSD Superintendent, spoke on the KIBSD's funding requests. Kodiak Island Borough Assembly Minutes May 19, 2011 Page 6 ASSEMBLY MEMBER COMMENTS Assembly member Lynch announced that a Trails Plan meeting was scheduled on June 1, 2011, in the Kodiak High School Commons and that comments on the plan were being accepted. Assembly member Kaplan thanked Finance Director Short and Engineering and Facilities Director Koning for their efforts on the proposed FY2012 budget. Assembly member Fulp thanked the community for participating in the clean -up day and spoke on the value of education. Assembly members Austerman, Stutes, and Friend expressed appreciation for the public testimony that was presented at the meeting. Announcements The Assembly would hold work sessions on Thursday, May 26, 2011, at 6 p.m. in the Borough Conference Room and on Friday, May 27, 2011, at 6 p.m. in the Borough Conference Room. The next regular meeting of the Assembly was scheduled on Thursday, June 2, 2011, at 7:30 p.m. in the Borough Assembly Chambers. The Borough Offices would be closed on Monday, May 30, 2011, in observance of the Memorial Day Holiday. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. The meeting was adjourned at 11:42 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes May 19, 2011 Page 7 KODIAK ISLAND BOROUGH Assembly Regular Meeting June 2, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, June 2, 2011, 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. Captain John Quinn of the Salvation Army provided the invocation. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. KAPLAN moved to excuse Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. FRIEND moved to suspend the rules by moving Item 12.A Ordinance No. FY2011 -16 before the Public Hearing. ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of May 5, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS — None. CITIZENS' COMMENTS Tuck Bonney spoke against Ordinance No. FY2011 -16. Rebecca Shields and Dave Blacketer encouraged continued funding for the non - profits in Kodiak. Kodiak Island Borough Assembly Minutes June 2, 2011 Page 1 Ken Reinke spoke in favor of extending Contract No. FY2010 -10 with Threshold Recycling. Lorna Arndt spoke in favor of the Borough making cuts to the FY2012 budget. Margaret Hall spoke in favor of a long -term care facility and Contract No. FY2011 -33. Mel Stephens spoke against Contract No. FY2011 -33. Kate Ballenger spoke against raising the mill and garbage rates. COMMITTEE REPORTS Assembly member Lynch reported on the Parks and Recreation Committee Trails Meeting on Wednesday, June 1, 2011. Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee (KFAC) meeting held on Friday, May 20, 2011. UNFINISHED BUSINESS A. Ordinance No. FY2011 -16 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.45 Severance Tax Section 3.45.020 Resources Subject to Tax and Section 3.45.010 Definitions. The motion before the Assembly was to adopt Ordinance No. FY2011 -16 as amended by substitution. This ordinance would change the severance tax rate from the current mill rate to a fixed percentage of 1.25 %. Instead of spreading severance tax revenues across all area -wide funds that levy a property tax, all proceeds would go to the general fund. Under the current regulations, the severance tax rate would have to be increased any time an area -wide service would be started if it was going to be financed with property taxes. At the request of the Assembly, staff proposed different amendments, one being where the fixed percentage went back to a mill levy by levying as a sum of all area -wide mill levies, and there was an amendment that allocated the taxes to the general fund in order that the mill levy would go into that account. Staff recommended the changes and they were reflected in the budget. FRIEND moved to amend Ordinance No. FY2011 -16, Line 45 by striking out "one and a quarter percent (1.25 %)" and replace the wording with "the sum of all area -wide mill levies ", and to reinsert the wording on Lines 71 and 72, "beginning July 1st after the date of the setting of the mill levy ". ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Friend. Kodiak Island Borough Assembly Minutes June 2, 2011 Page 2 FULP moved to amend Ordinance No. FY2011 -16 by striking Line 16 and Line 17, "WHEREAS, this ordinance would change the severance tax rate from current mill rate to a fixed percentage; and ". ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Friend, and Fulp. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, Fulp, and Jeffrey. PUBLIC HEARING A. Ordinance No. FY2011 -01A Amending Ordinance No. FY2011 -01 Fiscal Year 2011 Budget By Amending Budgets to Account for Various Revenues that Are Over and Under Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. KAPLAN moved to adopt Ordinance No. FY2011 -01A Fiscal Year 2011 Budget By Amending Budgets to Account for Various Revenues that Are Over and Under Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. This ordinance: • Reduced the budget for real and personal property tax revenues which were $134,000 less than the original budget. • Increased severance tax revenue by $250,000. • Reduced the raw fish tax budget by $173,615 due to lower than expected revenues. • Reduced the General Fund budget for interest earnings by $200,000 because of poor market conditions. • Increased the General Fund budget by $522,059 due to an Exxon Valdez settlement. • Increased the General Fund fixed asset revenue line item by $6,047 due to the sale of fixed assets that were not budgeted. • Increased the budget for attorney services by $40,000. • Increased the Health and Sanitation department by $18,315 and decreased the Culture and Recreation Department by the same amount. • Reduced the contribution to libraries by $6,000. • Increased the General Fund transfer to Fund 290 special projects by $147,372 (Code Update $95,000 and Road System Trails Plan $75,000). • Transferred $35,000 to Service Area No. 1 to cover a portion of the costs to repair a drainage system. Increased the surveys account in the Land Sales Fund by $33,000. • Increased the Building and Grounds Fund MHC Apartment department by $8,427. • Reduced the Coastal Management Department by $12,000. • Reduced the Local Emergency Planning Committee (L.E.P.C). grant by $6,825. • Increased the Building and Grounds Fund School Building Major Repairs by $30,000. • Reduced the Facilities Fund transfer to the Debt Service Fund by $26,000. • Increased Project 03119 by $165,000, New Swimming Pool, to cover the costs of artwork and additional construction. Kodiak Island Borough Assembly Minutes June 2, 2011 Page 3 • Accepted and budgeted a grant increase of $218,374 in the State Seismic Reimbursement Project. • Accepted and budgeted a $462,000 grant for the KMS Seismic Upgrade. • Adjusted the expenditure budget in Funds 450 and 469 due to overages in some projects and savings in others per the attached schedule. • Budgeted a loan of $2,612,000 for landfill improvements (project 07013). • Budgeted for an additional $917,197 in grants in Fund 450. Mayor Selby opened the public hearing. Scott Arndt, Chairman of Service Area No. 1, addressed the $35,000 reimbursement for the expenses incurred for the drainage problem, and encouraged the Assembly for full reimbursement of $70,000. Mel Stephens spoke against Service Area No. 1 paying for drainage expenses incurred on a state road. Scott Griffin, Womens Bay Service Area Board member, spoke to the Womens Bay Service Area being reimbursed for monies spent for emergency flooding reconciliation for subdivisions in the area. Mayor Selby closed the public hearing LYNCH moved to amend the amount to Service Area No. 1, Line 9 by striking out $35,000 and inserting zero and adjust the General Fund Balance accordingly. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Lynch, Fulp, Jeffrey, and Selby (Ayes); Stutes, Friend, and Kaplan (Noes). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO THREE: Fulp, Jeffrey, Lynch, and Selby (Ayes); Stutes, Friend, and Kaplan (Noes). B. Ordinance No. FY2012 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2011 and Ending on the Thirtieth Day of June 2012 (Fiscal Year 2012 Budget ). KAPLAN moved to adopt Ordinance No. FY2012 -01. This ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. This ordinance also levied a tax on the real and personal property within the Borough. The total mill levy for the General Fund, Kodiak Island Borough School District Education and Support Fund, Debt Service Fund, and the Renewal and Replacement Fund was 11 mills, an increase of a 1/2 mill. The General Fund was balanced at $5,907,297 and included a mill levy of 1/10 of a mill, and included the recommended cuts discussed at the previous work session which included phasing out the use of credit cards in the amount of $56,635. The Kodiak Island Borough School District contribution Kodiak Island Borough Assembly Minutes June 2, 2011 Page 4 was $10,108,140 which included $802,588 of in -kind services with a mill levy of 9.27 mills. The debt service fund totaled $4,299,655 with a mill levy of 1.55 mills, an increase of .25 mills. The renewal replacement fund totals $84,000 with a mill levy of .08 mills. The special revenue funds were balanced and mill levies were set for all services area. There were no mill levy increases for the service areas. The enterprise funds were also balanced with revenue and fees for each fund. The FY2012 budget continued to provide a high level of services expected from the community and set by the Assembly in the FY2012 Strategic Plan. The FY2012 budget was balanced while meeting the challenges of increased costs, increased utility costs, vendor increases, health insurance increases, revenue reductions in investment earnings, and no more excess fund balance to use. The FY2011 budget used approximately $1.24 million of fund balance, leaving the general fund balance at approximately $1 million, an amount needed in reserves to meet day -to -day expenses and unforeseen emergencies. The Kodiak Island Borough was managing $148 million in ongoing projects funded through bonds, grants, facilities funds, and internal funds. The Borough continued to renew and replace current facilities valued at over $100 million with improvements to those facilities that included energy saving measures that reduced energy costs. Education support funding to the Kodiak Island Borough School District totaled $10,108,140. The amount was less than requested, KIBSD would receive an additional $693,000 from State funding, leaving a difference of $384,093 that the school board could use from fund balance. The community continued to support the school district with a total contribution of $11,392,946 which included $1,284,806 in net debt service. This total amount did not include the millions allocated for school building renewal and replacement projects. LYNCH moved to amend Ordinance No. FY2012 -01 by amending the mill rates on: Line 45 Kodiak Island Borough to read .07 mills Line 46 Education Support Fund to read 8.8 mills Line 59 Renewal and Replacement Fund to read .08 mills This motion provided a 10.5 mill rate. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO THREE: Friend, Fulp, Kaplan, and Selby (Noes); Stutes, Jeffrey, and Lynch (Ayes). FRIEND moved to amend Ordinance No. FY2012 -01 by amending the mill rates on: Line 45 Kodiak Island Borough to read .10 mills Line 46 Education Support Fund to read 9.27 mills Line 59 Renewal and Replacement Fund to read .08 mills ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO THREE: Friend, Fulp, Kaplan, and Selby (Ayes); Lynch, Jeffrey and Stutes (Noes). Mayor Selby opened the public hearing. Scott Arndt spoke in support of maintaining the FY2012 budget at 10.5 mills, and on behalf of the Service Area No. 1 Board he addressed the Board's fund balance. Kodiak Island Borough Assembly Minutes June 2, 2011 Page 5 Mel Stephens spoke about the Borough's website and lack of information, and also asked that the mill rate for the Education Support Fund be reduced substantially. Margaret Hall requested that Assembly members use their microphones in order to be heard by the public. Stewart McDonald, Kodiak Island Borough School District Superintendent of Schools, distributed information from the Department of Education and Early Childhood Development outlining mill rate equivalency information for school districts state -wide. Kate Ballenger spoke in support of the Service Area No. 1 Board being reimbursed monies withheld from the proposed amended FY2012 budget. STUTES moved to amend Ordinance No. FY2012 -01, Section 7, by adding the following "Necessary line item changes from the Manager's proposed budget as reflected by the back -up information attached to Ordinance No. FY2012 -01 shall include the following authorized expenditures are to be reduced by at least $18,000 and shall include the following reductions from the Manager's budget: Account 100 - Assembly Acct. 430.100 Lobbyist $2,000 Acct. 450.210 Food /Business Lunch $4,000 Acct. 450.300 Travel and Per Diem $5,000 Acct. 459.301 Mayor Travel /Per Diem $7,000 Authorized expenditures are to be reduced by at least $82,000 and shall include the following reductions from the Manager's budget: Account 105 - Manager Accts. 430.100 and 420, all funds authorized for the position of an assistant to the manager's executive assistant are to be removed and the total of these funds shall be reduced by at least $75,000. Acct. 450.270 Continuing Education $3,000 Acct. 450.300 Travel /Per Diem $4,000 ROLL CALL VOTE ON MOTION TO AMEND FAILED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Friend. FRIEND moved to postpone Ordinance No. FY2012 -01 to a special meeting of the Assembly on June 9, 2011. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Friend, and Fulp. There was consensus of the Assembly to meet Wednesday, June 8, at 6:30 p.m. for a special work session to discuss the budget. Kodiak Island Borough Assembly Minutes June 2, 2011 Page 6 Mayor Selby recessed the meeting at 9:15 p.m., and reconvened at 9:30 p.m. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Commended Assembly member Lynch and the Parks and Recreation Committee for the fine job at the Trails Meeting and with the plan. • Alaska Marine Transportation Advisory Board meeting in Kodiak on Tuesday, June 28, 2011, at the Kodiak Convention Center at 9 a.m. • Kodiak Island Borough and City Joint Work session scheduled for June 28, 2011. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby requested that the Manager work with the Borough federal lobbyist in getting an update on the Environmental Protection Agency's draft guidance, "Identifying Waters Protected by the Clean Water Act ", in order to submit comments. NEW BUSINESS Contracts 1. Contract No. FY2011 -33 Approval of Concept Design Phase for the Kodiak Long Term Care Center Design Project. JEFFREY moved to authorize the manager to execute Contract No. FY2011 -33 with Architects Alaska, Inc. for the Concept Design Phase for the Kodiak Long Term Care Center Design Project in an amount not to exceed $146,582. Kodiak Island Borough solicited proposals to provide architectural /engineering services for the Kodiak Long Term Care Center Design Project in accordance with KIB Code 3.30.070. Nine proposals were received and short- listed to four by the Architectural Review Board (ARB). Four live presentations were made at public meetings. The proposals and presentations were scored by the ARB and Architects Alaska was selected for negotiations. Staff negotiated scope, schedule, and price with Architects Alaska. This phase consisted of preliminary conceptual design, site selection, and building and site development cost estimates for feasibility study only. The remaining phases would be authorized at later dates pending a favorable feasibility study. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Kaplan, Lynch, Friend, and Jeffrey (Ayes); Stutes and Fulp (Noes). 2. Contract No. FY2010 -10 Second Extension of the Recycling Contract with Threshold Services Inc. FRIEND moved to authorize the manager to execute the optional second one -year extension for Contract No. FY2010 -10 with Threshold Services, Inc. of Kodiak, Alaska for a time and material contract estimated to be $250,000. Kodiak Island Borough Assembly Minutes June 2, 2011 Page 7 The Kodiak Island Borough's landfill enterprise fund was financed through user fees. These revenues covered costs for the landfill operation, compliance, disposal costs, and community recycling efforts. Threshold Services, Inc., a private non - profit entity, maintained a receiving, handling, processing, storage, and marketing operation for recyclable materials in Kodiak for shipment to markets off - island. Threshold achieved this through their goal to provide work and training for persons with disabilities or who were chronically not employable; a valued community service. The KIB recyclable material included those items brought by the public to various collection stations, Threshold's location on Von Scheele, community cardboard dumpsters, as well as the material picked up by Threshold at various business locations. This contract extension obligated KIB to make payment to Threshold based on the amount of recyclables shipped off island at the same rates, and under the same conditions as the underlying existing contract. The proposed FY2012 landfill budget included $281,450 for recycling services, which included funds to support public outreach expenses. Assembly member Lynch declared a conflict of interest to the Mayor and Assembly in her position as President of the Board of Threshold with no financial gain. Mayor Selby declared Assembly member Lynch had no conflict of interest. Assembly member Stutes requested that the Assembly give direction to the Manager to give Alaska Waste the definitive end date of September 30` in writing, as the timeframe for them to exercise their option for recycling. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Friend, Stutes, Fulp, Jeffrey, and Kaplan, Resolutions 1. Resolution No. FY2012 -02 Reestablishing the Fees of the Kodiak Island Borough. JEFFREY moved to adopt Resolution No. FY2012 -02. Prudent financial management dictated that an organization review its fees on at least an annual basis. Staff compiled a list of current fees and recommended several changes to the fee resolution. STUTES moved to postpone Resolution No. FY2012 -02 with Alaska Waste until after the contract had been signed. STUTES moved to amend Resolution No. FY2012 -02 where landfill fees would remain at $150 /ton. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO TWO: Fulp, Jeffrey, Kaplan, and Stutes (Ayes); Friend and Lynch (Noes). Kodiak Island Borough Assembly Minutes June 2, 2011 Page 8 ROLL CALL VOTE ON MOTION TO POSTPONE FAILED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Friend, ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO ONE: Jeffrey, Kaplan, Stutes, Friend, and Fulp (Ayes); Lynch (No). Ordinances for Introduction None. Other Items 1. Declaring a Seat on the Planning and Zoning Commission Vacant. This item was approved under the consent agenda. On May 19, 2011, the Clerk's office received notification from the Community Development Department of the resignation of Mr. Dave King from the Planning and Zoning Commission for a term to expire December 2012. The Assembly accepted, with regret, the resignation of Mr. King and directed the Borough Clerk to advertise the vacancy per Borough code. 2. Approval of the Solid Waste Advisory Board By -Laws. KAPLAN moved to approve the Solid Waste Advisory Board By -laws as presented. The Solid Waste Advisory Board (SWAB) established by -laws and they were reviewed by the Borough attorney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Friend. 3. Mayoral Appointment to the Solid Waste Advisory Board. FRIEND moved to confirm the Mayoral Appointment of Mr. Scott Arndt to the Solid Waste Advisory Board Construction Business Representative seat for a term to expire December 2012. The Clerk's Office received applications from Mr. Ed Mahoney, Mr. Scott Arndt, and Mr. Gary Rabideau for the vacant Construction Business Representative seat on the Solid Waste Advisory Board for a term to expire December 2012. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Friend, and Fulp. CITIZENS' COMMENTS Mel Stephens requested that the old budget format be used for ease of comparison. He also requested that meeting agendas not be packed and make budget information available on the Borough website. Mr. Stephens also made general comments on Contract No. FY2011 -33. Kodiak Island Borough Assembly Minutes June 2, 2011 Page 9 Scott Arndt spoke to the timing of the budget information available to the public and Assembly. He also commented and questioned different fees in Resolution No. FY2012 -02. Jimmy Nq spoke to and thanked the Assembly for the approval of Contract No. FY2011 -33. Mike Milligan explained the severance tax in relationship to school and state funding, and requested that the Assembly look at fishing vessels that were not being taxed. ASSEMBLY MEMBER COMMENTS Assembly member Stutes thanked Mr. Arndt for serving on the Solid Waste Advisory Board. Assembly member Kaplan thanked the Mayor and Assembly for the letter to the Alaska Redistricting Board, and Bob Brodie for his efforts. Announcements The Assembly would hold a special work session on Wednesday, June 8, 2011, a special meeting and work session on Thursday, June 9, 2011, at 7:30 p.m. in the Borough Conference Room, and a regular meeting of the Assembly on Thursday, June 16, 2011, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, Fulp, and Jeffrey. The meeting was adjourned at 10:25 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes June 2, 2011 Page 10 KODIAK ISLAND BOROUGH Assembly Special Meeting June 9, 2011 A special meeting of the Kodiak Island Borough Assembly was held on Thursday, June 9, 2011, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Assessor Bill Roberts, Community Development Director Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. CITIZENS' COMMENTS Mel Stephens expressed appreciation for the efforts on the budget, spoke against raising the mill rate above 10.5 mills, and requested additional budget information be made available on the Borough website. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Ordinance No. FY2012 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2011 and Ending on the Thirtieth Day of June 2012 (Fiscal Year 2012 Budget). The motion that was before the Assembly was to adopt Ordinance No. FY2012 -01 set at 11.00 mill rate. This ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. This ordinance also levied a tax on the real and personal property within the Borough. Three different ordinance budgets reflecting the mill rates of 11.00, 10.75, and 10.50 were presented to the Assembly for consideration. Manager Gifford and Finance Director Short discussed the differences between the three proposed mill rates which included various cuts to the budget. LYNCH moved to amend Ordinance No. FY2012 -01 by substitution reflecting the 10.75 mill rate. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. FULP moved to amend Ordinance No. FY2012 -01 to reflect the 11.00 mill rate giving the extra .25 mills to the School District including the cuts as suggested by Assembly member Friend. Motion died for lack of a second. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. Kodiak Island Borough Assembly Minutes June 9, 2011 Page 1 ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. The meeting adjourned at 8:17 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes June 9, 2011 Page 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2011 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2011 -17 Rezoning a Portion of Tract G and Tract H, Bells Flats Alaska Subdivision From PL— Public Use Zone To RR1 -Rural Residential One. SUMMARY: The Borough Assembly has previously declared these parcels to be surplus to the public's need. The Planning Commission has also more recently approved a subdivision of these tracts into four parcels. After Borough staff spent time on -site with Womens Bay Service Area representatives to address concerns about drainage and retention of an existing pond for firefighting purposes, the subdivision was modified to reserve one of the lots for drainage, fish habitat, and firefighting as intended by the Commission and the Assembly. This most recent action and recommendation by the Planning Commission was to review a rezone request of this area. If this rezone request is approved by the Assembly, the 3 parcels approved by plat will be made available for sale at a future Borough land auction and the fourth lot will remain zoned PL- Public Use lands. After holding a public meeting, the Commission approved recommending to the Borough Assembly that the 3 parcels identified be rezoned from PL— Public Use Lands to RR1 -Rural Residential One. FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: W RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -17. AC Kodiak Island Borough Exeal . t . 049J82035543 C ^ . • i + ' lr ' 710 MILL BAY ROAD w • - ~- - ` A u • Y� '‘`;:4 KODIAK, ALASKA 996156340 . _rfl :Mr ' • .: 2 06122/2011 N + An • x Mailed From 99615 y' 'a F'0 /36 US POSTAGE \, /g:2/0 . Wet �e \ � MARK 348 1'Wv �1 \ PO BOX 3484 �I�_(J � L �,f{ IWO/ 30 KODIAK, AK 99615 I NIXIE 995 OE 1 00 06/24/11 RETURN TO SENDER NO SUCH NUMDER UNADLE TO FORWARD SC: 99615534010 *1909- 03390 -22 -45 96 4 " g i` ILL,I,I,,,II,I,I 1 II) III) ,,,16,1 )1111),,,,,IIII,,,,IL,I Introduced by: Borough Assembly Requested by: Planning and Zoning Commission 2 Drafted by: CDD Director Introduced: 06/16/2011 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2011 -17 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 REZONING A PORTION OF TRACT G AND TRACT H (PROPOSED LOTS 1, 2, AND 3), 11 BELLS FLATS ALASKA SUBDIVISION FROM PL— PUBLIC USE LANDS 12 TO RR1- RURAL RESIDENTIAL ONE ZONE 13 14 WHEREAS, the Borough Assembly has declared that Tract G and Tract H are surplus to 15 the public's need; and 16 17 WHEREAS, the Planning and Zoning Commission has previously approved a preliminary 18 subdivision of these two tract creating four parcels; and 19 20 WHEREAS, it is the desire to reserve one of the lots for water supply, drainage and fish 21 habit, while disposing the 3 remaining lots at a future borough land sale; and 22 23 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified 24 this area of Womens Bay as residentially zoned lands; and 75 26 WHEREAS, this request is consistent with the borough's comprehensive plan; and 27 28 WHEREAS, the Planning and Zoning Commission held a properly noticed public hearing 29 on this request and is recommending that the Assembly approve the rezone the parcels 30 identified above from PL- Public Use Lands to RR1 — Rural Residential One. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH THAT: 34 35 Section 1: This ordinance is not of a general and permanent nature and shall not 36 become a part of the Kodiak Island Borough Code of Ordinances; 37 38 Section 2: A portion of Tract G and Tract H (proposed lots 1, 2, and 3), Bells Flats 39 Alaska Subdivision is rezoned from PL- Public Use Lands to RR1 — Rural 40 Residential One. 41 42 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 43 are hereby confirmed as follows: 44 45 17.72.020 A. Findings as to the Need and Justification for a Change or 46 Amendment. 47 The FL-Public Use Land zoning district is intended only for lands that are publicly 48 owned and the allowable uses are not compatible with private land ownership. Kodiak Island Borough Ordinance No. FY2011 -17 Page 1 of 2 49 This land was designated surplus to the public's need by the Kodiak Island Borough 50 Assembly (Resolution 2001 -02). A rezone from PL- Public Use Land to RR1 -Rural 51 Residential One is consistent with the Assembly's disposal policy. 52 The RR1 -Rural Residential One zoning district permits uses and structures that are 53 compatible with existing residential developments in the surrounding area. These 54 residential uses are consistent with the intent of the 2007 Womens Bay 55 Comprehensive Plan 56 57 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 58 the Objectives of the Comprehensive Plan. 59 The 2007 Womens Bay Comprehensive Plan provides guidance. Per that plan, those 60 lands not designated for Commercial, Industrial or Public use, are intended to be 61 used for Rural Residential Purposes. The RR -1 Rural Residential Zoning District is 62 appropriate, and supports private ownership and eventual 63 64 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65 THIS DAY OF 2011 66 67 68 KODIAK ISLAND BOROUGH 69 70 71 72 Jerome M. Selby, Borough Mayor 73 74 ATTEST: 75 76 77 78 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2011 -17 Page 2 of 2 Kodiak Island Borough -, , �r } �t , Office of the Borough Clerk ' " i r �1 P . �� 710 Mill Bay Road 4.-,... Kodiak, Alaska 99615 ;OG ' —,9' Phone (907) 486 9310 Fax (907) 486 -9391 njavier�a kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, July 7, 2011, 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. FY2011 -17 Rezoning a Portion of Tract G and Tract H, Bells Flats Alaska Subdivision From PL— Public Use Zone To RR1 -Rural Residential One. 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 niavierkodiakak.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 July 7, 2011. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Public hearing form • Map • Ordinance No. FY2011 -17. PUBLIC HEARING FORM Ordinance No. FY2011 -17 Rezoning a Portion of Tract G and Tract H, Bells Flats Alaska Subdivision From PL— Public Use Zone To RR1 -Rural Residential One. ❑ 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 niavierkodiakak.us, fax to 907- 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, July 7, 2011. } d m iF Tr a 6 s H .c v l Ordinance No r FY2011 17 Rezoning a 4 Portion of Tract kGland TractHBells Flats A aska F Subdivision F , romePL, Public U e Zone T,o Rural R sident One 4 ` #, a 'K."';�' -. a., a'�s -, . 1' a . • , - � #�.m� a 4, “1 - 4,i : �' , ^, .. ‘ q'h tr�b �. : s` ._ crr—V km � 4 \ s Legend * ? 43W Sub ject Parcels 1 oirstr i■„-cireins, i--<01, r4"4.- itrfrokts . I\ 47., ,4t00-0 a- -- oteetorra 4_, __\._,.., 4 'A rat 4N( 4, A s +T o e s opv + a ' ar t A l tev4vgA 1 rly ■ 1 a z yet ii k , ■4 & N s, s A wAr ist , ibriktattaatst At). -4 .0 Kodiak Island Borough GIS System I g.; ,r. � `• 0 440 880 1,760 2, 640 3520 Feet $ This map was prepared from the Kodiak Islari Borough§ GIS System. It is prodded for the purpose of showing the general locmson of a property within the Kodiak timid Borough This map does nit represent a suvey. More IMhrmatlm abort the mappng data can be obtained by cortact ng the Wed* Island Borough IT Oepadmert at (907)4669333. Public Hearing Item 7 -D P &Z April 20, 2011 &i -a &Ma Location Request: &rezone, according Quo KIBC IN 205 (p b Case ld 99 -023 4J investigate p change CQ zoning te Tract b Kodiak Island Borough h EC O Portion CQTract (§). Bells Flats Alaska g Subdivision, from PL- Public MG Land m Agent: Robert Scholze M1)-Rural Residential One i fir I I I r e g I i l On - _■.... _ 0 I nk Altill. r Legend �S * it P' 1 S ubject Parcels ®r te ® ® ono EP rtir Alf, **iv volts c ,.... :,.. ",-6, ii\ (iiitare_ t o "isp 4 0, 0,0% r a t 411,s atei ra 7...z wasitsi , a SS. ®® t, ite.„ Sti ka tt ati id" ASA tee - Kodiak Island Borough GIS System . 0 440 880 1760 2,640 3,5 Feet s This map was prepared from the Kodiak Island Borough's GI5 System. It Is provided for the purpose of showing the general location of a properly within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (9W) 488 -9333. Case No. 11 -023 Introduction Page 1 of 8 p P a ub z li A c p H r e il a 2 r o in , g 20 1t 1 e 1 m 7-D e cilzonin te © change according 00 g Agent: Robert e.24 Alaska a Bells Fla s A • n CifTract Image Overlay R jord accor p 8 g ease 0 99-02'3 Re sidential One Kodl ' an s ak Ild Borough h Ize ublic 0:0Z0 L — ,cil&iiikults. Subdiv S- e o , _... - rartalt • - er --1' rAtts from u r - R 4 ,,, - frit -- -- urtv , . 4' ? '_\ r i ,,,* ,rs fa, 4 4 Cres ;11 ts .;„ ,...5. Fre* - • m7 e• 'Adi i ti" i. , -.. -020 ..„,.. 't.. . -e.'4"-.• .'• • -: : "7 datlic ' ' ,., ,Lie - "i„, att( * att . 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' 4 " 4•430*2 - ii • • 14# • N ALA h u --is System . , Kodiak Island Boroug 900 ' Mrie S 450 675 Feet 225 1125 0 . • 0 Kodiak stand Borough erat location of °P IT DeparWnent at ( data can be obtained by cont tin t B or oug h s b s o is ut s thy :Tz pp i i r n i g s provided for the purpose of showing itiheelaLk i Borough rope" wi thin the rePared from More ofomwkon a does not „pre This map was p represent e tli c e e Kzi e pak Island Bor This map 7) 486 9333 Case No. 11-023 Introduction Page 5 of 8 *0 00 ii, o o O 0 ° 9 4. Public Hearing Item 7 -D P &Z April 20, 2011 i J O. : Note: Lot 4 to \ ' ¢ • remain as PL 9 0 , N (a v. 2: 2A -I V C °, �' °j � " h N -�. I OCRES S . N. h . It? 4 x L' / 5 J . hh� h \ B �@ oa rat, ii t II WO' IA ypNN / . C• / •. .. „..,,if So / Alj --- 6 St ,•rte ''s---=:. : IS S B..1SLN LOT 2 237. • ♦ - I,3 ACRES 2 I ' 3 )A - 'RAIL i . N c . 1 . LOT 1 'tr _ ! - -- -- -- Bp's OAP \ 10 ACRES 2 1. - ' Q L nv' - E PU'zT ` N•IE' , BA) 125 KA 43 Note: Lots 1, 2 & 3 L =B)P0 ' subject to rezone 1107E ter Pt A Pt AVICAIXO LS A PC1770V Cr request. CWICXAL )TRACT "N• /ACA DD ANO /{BEVY OE CA 1W /A -I AS KALSV BAY ORIIE MOH CW WAX (1,)JJ Sr:2) Case No. 11 -023 Introduction Page 7 of 8 *0 et 0 0 iJ Public Hearing Item 7 -D P &Z April 20, 2011 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 Information Kr4if)R / 5tmw5 &'fz t 7zfy rrH '1 z2i r.() (, ( T &sPerkC Property I Number /s Property owner's name ' 11 o 441L Ray P I) .;t5Eii ter-3 i, 2_,r - ,111-ME. t 110 S(&D- Legal Description (eli (4a,5+ 5- Property owner's mailing address k1.1 / 11) C 4 Jt (7 Current Zoning: EL City State Zip Applicable Comprehensive Plan: Year of Plan adoption: Home phone Work Phone E -mail Addr. Present Use of Property: 0 A ( ( 19-n. - SC i�c'LT,G . Q pVt Q Agent's name (If applicable) �S/iwlE) Agent's mailing address -_ Proposed Use of Property: ii At A+i) A (A-Le ) City State Zip x -z3 Home phone Work Phone E -mail Addr. (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification l 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. Y Additional Narrative/History As -built Survey X Photographs Y Maps Other XL. Property Owner's Signature Date 'Authorized Agen s Signature Date (A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress: circulation; utility services; structures and buildings; signs and lighting; banns, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, 01993 by Rutgers University) STAFF USE ONLY PAYMENT VERIFICATION Code Section(s) Involved: _) 7 , 2 c 2 C) 0'tiVin/ 0 L % Li *Zoning Change, Variance (KIBC 17.66.020) $250.00 - Fee Schedule: Conditional Use Permit (KIBC 17.67.020.B) $250.00 - (per KID Assembly Resolution Other (appearance requests, site pl review, etc.) $150.00 Eff. July 1, 2005) X Zoning change from f L to (KIBC 17.72.030 and 030.C)' Less than 1,75 acres .00 1.76 to 5.00 acres $750.1 Application received by: 5.01 to 40.00 acres . 0.00 40.01 acres or more $1,500.00 Staff signature I I - C)2 .� Case No. 11 -023 Application Page 1 of 4 Public Hearing Item 7 -D P &Z April 20, 2011 l Kodiak Island Borough • t ?fi f� � OFFICE of the MANAGER i 710 Mill Hay Road 1 ,'N,('`-:ea Kodiak, Alaska 99615 j , ` Phone (907) 486 -9304 Fax (907) 486 -9374 "` a E -mail: rscholzdiikodiakak.us To: Planning and Zoning Commission f From: Bob Scholze, Resource Management Officer Date: March 1, 2011 // Re: Rezone of Tract H and Ptn. of Tract G (Proposed Lots 1, 2 & 3, Lake Orbin Subdivision) from PL- Public Land to RRI -Rural Residential One By Commission Resolution ( #2000 -01 -R) and Assembly Resolution ( #2001 -02), this Borough property described as Tract H and a portion of Tract G (now proposed Lots 1, 2 & 3, Lake Orbin Subdivision) was determined to be surplus to the public's need and available for disposal at Borough land sale. The remaining two steps in that process are rezone to an appropriate zoning district consistent with that intent and with the Comprehensive Plan, as well as subdivision consistent with the land characteristics and the surrounding neighborhood. Both of these cases are before the Commission this month. Among the more obvious reasons supporting disposal of Borough land at sale are raising revenues that can offset taxes, and augmenting the Borough tax base. There is also a desire to provide land to future home owners for development at an affordable price, which satisfies the public's desire to transfer land into private hands. Resistance from neighbors to any discussion of disposal of public land is predictable. However, that should not, of itself, foreclose on future settlement opportunities in areas that may be suitable, as well as economical because of existing infrastructure, for residential development. Designation of this property as Residential on the Proposed Future Land Use map in the Kodiak Island Borough Comprehensive Plan Update (2008) supports rezone to RR I-Rural Residential One. The preliminary subdivision design proposes three lots in the 60,000- 70,000 square foot range, well exceeding the 40,000 square foot minimum for the zoning district. Each lot provides good potential building sites, and suitability of soils for well and septic will be confirmed by engineering as part of preliminary subdivision review. This is consistent with an implementation action recommended to achieve the Land Use Goal for Womens Bay contained in the Comprehensive Plan Update which states: "Encourage new residential development while maintaining a minimum lot size of RRI (40,000 square feet). Consider implementing larger lot sizes as appropriate to prevent water /septic problems." This property originally contained barracks as an extension of the Kodiak Navy Base during World War H. 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'fir . �,jj st� + r xf � 6 , ,. :• +%lX`� !+'V -JsaR� 'gl h' -�.e /JDi1. t]_ r':•..u..K !i a ° Kodiak Island Borough GIS System Ate ; N// 'ZL G 235 4]0 940 1,410 ,.881) �� Feel S iris map was prepared from the Kodiak wand BomupM1l GIS System_ It is prorded Id IM1a p�apose of shown; the general location d e properly within the KoWk Wend BmMyh. iM map Eoesnd representaspiny_ sbeedormapon spool the na pping Oath pen Ee obtained Ey contacht, Me Kodiak timid 9orwgiRO�emnenl 511 907)486933a Case No. 11 -023 Application Page 3 of 4 Kodiak Island Borough Journal Post Listing Journal Reclassification Department Number Type Sub Ledger G/L Date Description Source Reference Journal Type 120 - Finance 201 1 - 00001 88 1 JE GL 03/01/2011 MB ZONING CHANGE G2 Dale G/L Account Number Account Description Description Source Debit Amount Credit Amount 03/011011 100101.100 Cash In Bank -Wells Fargo KIB ZONING CHANGE 750.00 03/012011 100 - 000122.170 Zoning Change Fee KIB ZONING CHANGE 750.00 Number of Entries: 2 5750.00 5750.00 n a) to N Z O O T r LA, n D) D) CD O N C N cr D CD N 9, N CD 3 ) V p User: una Holloway Pages: 1 o(. 3/1/2011 4:0_.,3 PM Public Hearing Item 7 -D P &Z April 20, 2011 Current Location Request a rezone, according to KIBC 17.205, to 10986 Chiniak Dr. investigate a change of zoning for Tract H and a & 11629 Kalsin Dr. Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR1- RuralResidential P & Z Case 11 -023 One, said rezone area to be proposed for replat in Kodiak Island Borough/ related Case S11 -012, in order to create Lots 1, 2 Bob Scholze and 3 Lake Orbin Subdivision. "sal" ltfir 111111f si►m® *in a p , 1,,,r , o , 444 , _ , , . w ,,, -- ,,, 0,,, , ,, „ , s ae. a4 kott., Y pA #' eP d' : 4 afrir./... 10 a ., ., c . 4 , 4 44 4 4):1, � ,- Kodiak Island Borough GIS Legend N I Subject Parcels N' E '"" ,A " Feet ' i B I 360 720 f 1,440 Notificat Area S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333 Case No. 11 -023 Public Comment Page 1 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 March 9, 2011 Public 1 tearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 20, 2011. The meeting will begin at 6:30 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: 11 -023 APPLICANT: Kodiak Island Borough AGENT: Bob Scholzc REQUEST: A rezone, according to KIBC 17.205, to investigate a change of zoning for Tract 1-I and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RRI -Rural Residential One, said rezone area to be proposed for replat in related Case S 11-012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. LOCATION: 10986 Chiniak Drive & 11629 Kalsin Drive ZONING: PL -Pubic Use Land 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. Written comments must be received by 5 pm, April 5, 2011 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning & Zoning Bylaws amended June 16, 2010). If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmithOkodiakak.us. 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. One week prior to the regular meeting, on Wednesday, April 13, 2011, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 11 -023 Public Comment Page 2 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 JAMES AMUNDSON THOMAS CAGLE TIMOTHY CALDAS P O BOX 844 10797 CHINIAK DR 11000 LAKE ORRIN RD. KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DALE CHRISTOFFERSON THOMAS CUBBEDGE PAMELA DELYS P.O. BOX 1219 P O BOX 2286 P O BOX 2294 KODIAK, AK 99615 KODIAK, AK 99615 SALMON, ID 83467 CRAIG DILLON ANTHONY DRABEK L MICHELLE EGLE PO BOX 3000 11171 UGAK DR. P.O. BOX 3274 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DAVID GEDDES LIVING TRUST RICKY GRAVES TK & GESA GUSTAFSON P.O. BOX 2334 10742 CHINIAK DR 759 PRESTON LANE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARK HOLT HOUSE OF SCOTT JOHN ISADORE PO BOX 3484 PO BOX 1675 PO BOX 33 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DAVID R JACKSON DAVID KILLEEN KODIAK ISLAND BOROUGH 11248 KALSIN DRIVE 11166 LAKE 02131N DR 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 GERALD LAFOLLETTE BURDETTE LECHNER ASHLEY LOGAN P O BOX 2366 P.O. BOX 1616 10745 CHINIAK DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 STEVEN MCKECHNIE PARRY NELSON STANLEY NESS 10843 CHINIAK DR PO BOX 92 PO BOX 1311 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KEVIN NOLAN ETAL ,MARIUS OLSEN DOUGLAS PREMOE PO BOX 1305 10809 CHINIAK DR 2804 SUDBERRY LN KODIAK, AK 99615 KODIAK, AK 99615 BOWIE, MD 20715 JAMES RIPPEY ETAL DAVID RITTENHOUSE JR EDWARD ROSE P.O. BOX 2038 P.O. BOX 2559 10773 CHINIAK DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 11 -023 Public Comment Page 3 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 ALICIA SHORT- MCE\VAN PAULA S SMEDLEY ETAL GILBERT SMITH 11206 W. REZANOF DR. PO BOX 8529 11968 ALITAK DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 NIANIMONE SOURIYASONG THOMAS TROSVIG FREDERICK & MELODY WALTMAN 10891 CHINIAK DR 11132 LAKE ORBIN CR 11019 CHINIAK DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CIEN WEEKS HEATHER WHEELER ETAL WILLIAM WILLIAMS 11166 LAKE ORI3IN CIR 11068 LAKE ORRIN DR PO BOX 766 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARK WITLEVEEN 11542 KALSIN DR. KODIAK, AK 99615 Case No. 11 -023 Public Comment Page 4 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 April 2,2011 To: Kodiak Island Borough D E © fI O `r M L Community Development Department 11 APR - 5 2011 Planning and Zoning Commission COMMUNITY DEVELOPMENT DEPARTMENT From: Womens Bay Service Area Board RE: Rezone of Tract H and Ptn. Of Tract G (Proposed Lots 1, 2, and 3, Lake Orbin Subdivision) from PL- Public Land to RR1 -Rural Residential One Per the request for comment regarding the Tracts H and G, the Womens Bay Service Area Board has prepared this response to identify potential issues that will affect the local tax base and residents. The major concern of the Board is directly related to the previous land disposal on Sargent Creek Road of five parcels by the KIB. The lack of engineering, design and investigation regarding the drainage and runoff issues in the area due to the development of these parcels after the sale and subsequent lack of enforcement of building codes has cost the Road Service District nearly $100,000 to develop and improve drainage in this immediate area. As the KIB land sale proceeds are directed into the KIB general fund and the KIB does not have "road powers ", the local service area and property owners have born this cost. Poor decisions by the developers of individual properties and lack of code enforcement have resulted in drainage water related issues with houses and property in this immediate area. These issues identified after the fact have cost residents and tax payers additional funds that could have been avoided if better planning and enforcement had taken place. The Board believes that if development is to move forward, the KIB holds the responsibility to examine the impacts to the area and identify design appropriate drainage and anticipated road impact during the preliminarily planning process. The argument will be that the Road Service District will receive tax revenues as a direct result of this sale and development. When you analyze this argument it will be over 15 years until the collected tax pays for the costs incurred by the Road Service District related to the Sargent Creek sale. This results in long term identified maintenance issues being differed as a limited budget had to be utilized to fix problems that should have been identified as a cost associated prior to or during the sale planning process. Concerns directly related to the proposed Lake Orbin Subdivision plat are as follows: Case No. 11 -023 Public Comment Page 5 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 • Lot 1, Tract H — Due to the elevation on the south side of this lot, the driveway access should be designated on the north side of the property and a driveway culvert be mandated as a requirement of the driveway permit. • On the west end of the lot, an existing drainage ditch exists that drains a cross road culvert on Kalsin Drive. The Board is requesting that the property lines be drawn to maintain this ditch line in the road setbacks to allow the Road Service District to maintain and improve this drainage as needed. • Lot 3, Tract H — Similarly with Lot 1, the driveway access should be identified on the Alitak Drive or north side of the property due to the south facing lot elevation and potential increased surface runoff to Kalsin Drive. A driveway culvert should be mandated as a requirement of the driveway permit. There is an existing natural drainage swale on the north east portion of the lot along Alitak Drive, If this drainage were filled by a property owner it would divert the natural drainage flow. This natural drainage area should be identified on the plat and consideration for drainage easement through this area. • Lot 2, Tracts H and G- This lot will require driveway access on the south side of the proposed lot which will result in a driveway on either Kalsin or Middle Bay Drive. As these roads have the primary drainage of the existing properties that are on the higher elevations in the area, the culvert size required for the anticipated driveway access will need to be sized correctly to ensure unobstructed flow under this driveway. The Board insists that any driveway that exits on a developed road be constructed at a 90 degree orientation to the existing road surface. • The Board is pleased that consideration to the drainage from Lot 4, Tract G has been considered and easement has been identified in order to maintain this large volume drainage at this site. This area is the site of a long established pond and green space recognized by the property owners of the area. It is the desire that this space be left intact condition zoning classification. The immediate area residents have been in discussion regarding a funding mechanism to allow the repair of the failed dam to reestablish the former pond. Thank you for the opportunity to weigh in on this property disposal. Due to our Chairperson, David Neuman being out of town when this packed was mailed, our board has had limited time to review the documents and the site. This comment letter has be prepared and submitted for the Tuesday, April 05, 2011 deadline. Our board meeting is April 5, 2011 at 7:00 pm and we anticipate that additional comments may be forth coming. The board is aware of the April 13, 2011 P &Z Work session and our intent is to be represented at that meeting if further information or comment is required. If you have questions or require additional information regarding these comments please contact our Chairperson, David Heuman. Womens Bay Service Area Board. Case No. 11 -023 Public Comment Page 6 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 Sheila Smith From: Mark Witteveen [markjwitt@hotmail.com] Sent: Thursday, March 24, 2011 8:01 AM To: Sheila Smith Subject: Comments regarding rezoning public use land To whom it may concern, My name is Mark Witteveen and I live at 11542 Kalsin Drive (lot 7A -3, Bells Flats Subdivision), which is directly across the street from the proposed rezoning of Tract H and G in the Bells Flats Subdivision. I apologize that I will be out of town for the public hearing and won't be able to participate. I oppose this rezoning. A very similar rezoning was proposed a few years ago and was met with significant opposition including a petition signed by many Bell's Flats Residents. After such opposition, it is frustrating to see the same thing just a few years later. The area proposed for rezoning is often used by walkers and is a pleasant area for public use. There are no parks in the area and easily accessible public use land is at a premium. This area of Bells Flats is fully utilized and many people have expressed concerns about the impact of drilling additional wells on their own water supply as well as additional septic systems directly upstream of Lake Orbin. Thank you, Mark Witteveen Case No. 11 -023 Public Comment Page 7 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 Sheila Smith From: Richard Dellatran [kai_yaarkan @yahoo.comj Sent: Tuesday, April 05, 2011 4:28 PM To: Sheila Smith Subject: cases 11 -023 and s11 -012 To whom it may concern (i.e. greedy Borough officials), While I realize this email is utterly pointless in the face of your rapacious avarice, I am compelled to compose this missive so that as I watch heavy construction equipment ravaging the area that I once considered a beautiful mini -park I can at least have the knowledge that I expressed my disgust at your acquisitive machinations. Let me pause here and apologize for using such florid language, thus forcing you to get out your dictionaries. I just wanted to show you that not all of the residents of Bells Flats are ignorant hippies too stupid to realize that what is being marketed as progress is really pure and simple gluttonous greed for money. Forget about what EVERY last lot holder surrounding the area in question wants. The only thing that matters to you is the money the sale of the land and taxes upon houses built on said land will bring to Borough coffers. Nothing any of us say will stop you. Go ahead, rape the land and squeeze a couple more houses in here. After all, we 'Flatters' want to live just like you Townies do; with postage stamp yards and neighbors looking in our windows from every side. Enjoy your money. Sleep well knowing you've pillaged one small bit of nature for the sake of fattening your bottom line. We will watch the loss of beauty with sad eyes and know that you politicians can't help yourselves any more than sharks eating baby seals can. Once a gluttonous predator, always a gluttonous predator. Yours with low regard and even lower expectations, Melody Scharf - Waltman Case No. 11 -023 Public Comment Page 8 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 Edward and Helen Rose 10773 Chiniak Drove D ECELIVE Kodiak, AK, 99615 - APR - 52011 April, 4 2011 COMMUNITY DEVELOPMENT DEPARTMENT KIB Planning & Zoning Commission Reference Cases 11 -023, & 511 -012 Dear Sir Thank you for the opportunity to comment on the above proposed rezone and re plat. Let me first say that I am opposed to the proposal. My family and I have been at our location for 12 years. We moved from town, and spent a good deal of time researching our location. We were attracted by the open spaces and land buffers to our neighbors. We particularly enjoyed the walk around Kalsin Drive, with the mix of open land and developed property. We intend to stay in this neighborhood, and are concerned about the planning of our small community. I have several points of concern. I. The Lake: A large part of the area is -or has been- a lake, frequented by Canada Geese, and ducks. Since the torrential rains and mudslides of late 2009, the beaver dam is damaged, and the lake is drained. Local efforts to restore the lake • have been unsuccessful, and apparently the Borough now considers the land up for grabs. I feel we should restore the wetlands that have been lost, with the Borough leading the way. 2. The watershed and drainage: There are several drainages passing through the area which will be negatively impacted by construction. 3. The planned balance of land use: One of the great charms of our area of Bells Flats, is the mix of public use land and residential that surrounds us. Development should be somewhat planned, not simply rubber stamped. We have issues with industrial zoning also, which should be fixed. To rezone this area is to upset that balance. 4. Fiscal income urgency: The immediate need for Borough income seems to be driving the show, also evinced by the recent dramatic rise in property values. Case No. 11 -023 Public Comment Page 9 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 This leads to an urgency of development, which is the enemy of thoughtful planning. There was no urgency to fix the lake. 5. Double losses: The land in question fronts on two roads, so changing this will cause a double depletion of public usage. 6. View to the future: Considering the future, I have no plans to move from my Island Paradise. I am seeing a trend, particularly with the Coast Guard, to view real estate as an investment to buy and sell, and only secondarily to live in. This is financial thinking, which tends to be concerned with immediate and short term returns. 7. Development inside an existing neighborhood: The existing neighborhood is mature and developed, with the idea of uncrowded housing clearly seen in the 0.92 acre minimum size. To place more here may be technically correct, but the cumulative result will irreversibly alter the character and temper of the location. 8. Errors of planning: The planning and zoning commission have a delicate mission, balancing development with sustainability. Certainly the drive to develop quickly, with fast financial returns for the local government is a powerful motivator. You must balance that with what simple people need. I have been astounded with decisions like Mike Haggren and Dan Ogg, or Kevin O'leary, where the result has been dream houses built on top of dream houses- there goes the neighborhood! -so no -one wins, they just leave town.! 9. Conclusion: I have no loud political voice, just a simple appeal from a common man adopted into a great country that allows me to have a home and family and great neighbors who thankfully (and hopefully) won't have to dwell in my front yard. Thanks for your consideration, Sincerely, Eddie Rose • Case No. 11 -023 Public Comment Page 10 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 Sheila Smith From: Greg Egle [egor @acsalaska.net] Sent: Monday, April 04, 2011 8:11 PM To: Sheila Smith Subject: Public Hearing Notice Case #11 -023 My Name is Greg Egle, PO Box 3274 Kodiak, Alaska Lot 3C Bells Flats Subdivision. I am responding as a property owner to a letter received from you regarding Case # 11 -023. I believe it is a bad idea to rezone this greenbelt to RR -1. This is a drainage area for all the water runoff above, it is a bird habitat and wetlands with migratory birds returning each year to nest and raise their young. Any kind of septic system would be problematic at best. One of our reasons for purchasing the adjacent property over 20 years ago was that it was greenbelt and wouldn't be built on. Thank you for your time in reading this. Sincerely, Greg Egle 1 Case No. 11 -023 Public Comment Page 11 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 Sheila Smith From: fred waltman [winterraven4x4 @yahoo.com] Sent: Tuesday, April 05, 2011 4:36 PM To: Sheila Smith Subject: Cases 11 -023 and 311 -012 Dear Sirs and Madams, I wish to protest the removal of tract H and a portion of tract 0 from public use designation and the proposed re- zoning of said lots for sale as residential lots. There isn't a single, solitary person on Chiniak dr. or Kalsin dr. that wants this to take place. The last thing we want is to see beautiful trees and a nice creek being transformed into housing, destroying vital habitat for numerous bird and animal species. My wife and I worked hard to keep the small beaver pond dam in good repair and the area free of debris. We asked for help from the Woman's Bay Road Service board in assisting us with this project and were ignored so we took it upon ourselves to donate our time and our money to keep the area in shape. We always said that if the dam went, the borough would jump in and try to take the land and sell it. Unfortunately, the big rain storm of 2008 broke the dam and flooded the area, wiping out the pond and what do you know, in comes the borough, grabbing at the land with gleeful greed. We know our pitiful protests won't stop you. Money talks and little things like what the actual residents of the area want aren't worth considering. You'll put on a show of listening, nod your heads as if you care and go right on with all the changes in designation and re- zoning but at least our consciences will be clear because we've spoken our protests. We and our neighbors have asked you not to change the lot designations but we're not so starry-eyed that we don't know where little things like local opinion stand in the priorities of greedy politicians. Sadly, Frederick E. Waltman II Case No. 11 -023 Public Comment Page 12 of 12 Public Hearing Item 7 -D P &Z April 20, 2011 MEMORANDUM DATE: April 8, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 20, 2011 Regular Meeting CASE: 11 -023 APPLICANT: Kodiak Island Borough AGENT: Robert Scholze REQUEST: A rezone, according to KIBC 17.205, to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR1 -Rural Residential One, said rezone area to be proposed for replat in related Case S11 -012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. LOCATION: 10986 Chiniak Drive & 11629 Kalsin Drive ZONING: PL- Public Use Zoning District Forty (40) public hearing notices were mailed on March 9, 2011. Six (6) public comments were returned prior to the April 5, 2011 deadline. These comments generally expressed opposition to the proposed rezone. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan did not address this area. Zoned Unclassified by Ordinance 69 -30 -0. Rezoned to Rural Residential Zoning District by Ordinance 80 -9 -0. Rezoned to RR -1 Rural Residential Zoning District by Ordinance 83 -15 -0. Rezoned from Service /Recreation to PL- Public Use Zoning District by Ordinance 83 -21 -0. (Note: the record is unclear how the land got to be zoned Service /Recreation, however, the rezone to PL- Public Use Zoning District is well documented so that the current zoning ends up the same.) 2. Lot Size: Approximately 4.5 acres are requested to be rezoned. 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: Proposed Lot 4 Lake Orbin Subdivision Use: Vacant Zoning: PL- Public Use Zoning District South: Bells Flats Block 1 Lot 7A -1 & Lot 7B Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District Case No. 11 -023 Staff Rpt Page 1 of 5 Public Hearing Item 7 -D P &Z April 20, 2011 South: Bells Flats Tract C Use: Vacant Zoning: PL- Public Use Zoning District East: Bells Flats Block 5 Lot 1 -A & Lot 1 -D Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District West: Bells Flats Block 1 Lot 7A -3 & Lot 7 -4 Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District West: Bells Flats Block 4 Lot(s) 1 B, 2A -1A, 2B -1, & 3 Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District 5. Comprehensive Plan: The 1968 Comprehensive Plan did not address this area. The 1982 Womens Bay Comprehensive Plan designates all areas not designated for Commercial, Industrial, or Public Use to remain Rural Residential in nature. The 2008 Kodiak Island Borough Comprehensive Plan Update depicts this area residential as a proposed future land use. 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: 17.205.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and 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 department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.205.055 Submission to assembly. A. Within 30 days after the 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 commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, Case No. 11 -023 Staff Rpt Page 2 of 5 Public Hearing Item 7 -D P &Z April 20, 2011 the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 ENFORCEABLE POLICIES Staff has not identified any enforceable policies of the adopted coastal management plan applicable or relevant to this request. STAFF COMMENTS This rezone request is a culmination of several years of work and effort responding to policy guidance directing the identification and disposal of suitable borough -owned properties. The Planning & Zoning Commission has previously reviewed this proposed disposal, and via Resolution 2000 -01 -R declared portions of the two tracts to be "surplus to the public's need ". The Borough Assembly likewise reviewed the proposed disposal, and confirmed the Planning & Zoning Commission's action via Assembly Resolution 2001 -2 The related subdivision case, 511 -012, is also before the Commission this month. This preliminary plat proposes a four -lot subdivision of Bells Flats AK Subdivision Tract H and Tract G. The Borough, as a means of protecting the existing pond area and the active drainage corridor below the pond, will retain Lot 4. Hence, only Lots 1, 2, and 3 of proposed Lake Orbin Subdivision are subject to this rezone request. Lot 4 will remain zoned PL- Public Use. Conformance with the Comprehensive Plan: As mentioned above, the 1982 Womens Bay Comprehensive Plan designates all lands not otherwise designated for Commercial, Industrial or Public use to be kept Rural Residential in nature. A residential use also conforms to the 2008 Kodiak Island Borough Comprehensive Plan update. Zoninq /use: The land is currently vacant. The existing PL- Public Use Land zoning is intended for government land ownership and uses. The uses allowed in this zone are not compatible with private land ownership. Prior to disposal of this land, the zoning must be changed to allow for private development and to be consistent with the predominant zoning pattern for adjoining residential areas. The RR1 -Rural Residential One zoning See Appendix pages 1 & 2. 2 See Appendix pages 3 & 4. Case No. 11 -023 Staff Rpt Page 3 of 5 Public Hearing Item 7 -D P &Z April 20, 2011 district permits uses and structures that are consistent with the existing development pattern in the area. Land Suitability: Quoting the applicant's narrative, "Designation of this property as Residential on the Proposed Future Land Use map in the Kodiak Island Borough Comprehensive Plan Update (2008) supports rezone to RR I -Rural Residential One. The preliminary subdivision design proposes three lots in the 60,000- 70,000 square foot range, well exceeding the 40,000 square foot minimum for the zoning district. Each lot provides good potential building sites, and suitability of soils for well and septic will be confirmed by engineering as part of preliminary subdivision review. This is consistent with an implementation action recommended to achieve the Land Use Goal for Womens Bay contained in the Comprehensive Plan Update which states: "Encourage new residential development while maintaining a minimum lot size of RRI (40,000 square feet). Consider implementing larger lot sizes as appropriate to prevent water /septic problems." See Appendix Page 5 for wetlands delineation. Recent Development trends in the area: The land use pattern surrounding the rezone area is a combination of residential and public use. There is a vacant portion of Borough land to the east, located across Middle Bay Drive. The balance of the land surrounding the site is zoned RR1 -Rural Residential One and is developed with a mixture of single - family residential and mobile home residential. Traffic impacts: The projected traffic impact from the disposal of three lots, zoned RR -1 Rural Residential Zoning District is expected to be minimal. Even if developed to the maximum allowable density for the applicable zoning district, the marginal increase in traffic would not exceed the functional capacity of the adjoining roads. Case No. 11 -023 Staff Rpt Page 4 of 5 Public Hearing Item 7 -D P &Z April 20, 2011 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to rezone, according to KIBC 17.205, Lots 1, 2, and 3, Lake Orbin Subdivision, as depicted in the preliminary plat submitted in related Case No. S11 -012, from PL- Public Use Land to RR1 -Rural Residential One, subject to one condition of approval; and to adopt the "Findings of Fact" in the staff report dated April 8, 2011 in support of this recommendation. CONDITION OF APPROVAL 1. This rezone shall become effective upon the recording of the plat subject to this request. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The PL- Public Use Land zoning district is intended only for lands that are publicly owned and the allowable uses are not compatible with private land ownership. This land was designated surplus to the public's need by the Kodiak Island Borough Assembly (Resolution 2001 -02). A rezone from PL- Public Use Land to RR1 -Rural Residential One is consistent with the Assembly's disposal policy. The RR1 -Rural Residential One zoning district permits uses and structures that are compatible with existing residential developments in the surrounding area. These residential uses are consistent with the intent of the 1982 Womens Bay Comprehensive Plan. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1982 Womens Bay Comprehensive Plan provides guidance. Per that plan, those lands not designated for Commercial, Industrial or Public use, are intended to be used for Rural Residential Purposes. The RR -1 Rural Residential Zoning District is appropriate, and supports private ownership and eventual development. Case No. 11 -023 Staff Rpt Page 5 of 5 .. ‘ 0 o‘ c. o g\ * 0 o k.. Public Hearing Item 7 -D P &Z April 20, 2011 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. 2000 -01 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF BOROUGH REAL PROPERTY THAT A DETERMINATION BE MADE THAT CERTAIN REAL PROPERTY OWNED BY THE KODIAK ISLAND BOROUGH IS SURPLUS TO THE PUBLIC'S NEED AND CAN BE MADE AVAILABLE FOR DISPOSAL AT A KODIAK ISLAND BOROUGH LAND SALE. WHEREAS, Section 18.20.030 of the Borough Code requires the review of each disposal of Borough real property by the Planning and Zoning Commission; and, WHEREAS, Section 18.20.170 of the Borough Code defines "disposal" as any transfer of real property; and, WHEREAS, the Kodiak Island Borough Community Development Department has determined that seven (7) parcels comprising 38.3 acres are surplus to the needs of the Kodiak Island Borough; and, WHEREAS, the Planning and Zoning Commission has determined that this proposal is in compliance with the Borough Code, and that, following rezoning and subdivision when appropriate, the disposal of surplus Borough lands to the public for fair market value, is a valid criteria for disposing of the Borough's interest in this property. NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Planning and Zoning Commission finds that the disposal of the Borough's interest in seven (7) parcels comprising 38.3 acres of real property legally described as: 1. Lot 7A, Block 4, Monashka Bay Subdivision (9.9 acres) (Plat 74 -19); 2. Lot 15, Russian Creek Subdivision within Lot 1, U.S. Survey 2539 (4.6 acres) (Plat 69 -2); 3. Lot 19, Russian Creek Subdivision and adjacent unsubdivided land within Lot 1, U.S. Survey 2539 (Attachment "D ") (approximately 8 acres); (Plat 69 -2) Resolution 2000 -01 -R Page 1 of 1 P &Z: December 20. 2000 Case No. 11 -023 Appendix Page 1 of 5 Public Hearing Item 7 -D P &Z April 20, 2011 4. Tract H and a portion of Tract G (proposed Tract H -1, Attachment "E"), Bells Flats Subdivision (5.48 acres) (Plat 69-4) Lots 1, 2, and a portion of Lot 6, Block 1, Tract A, Bells Flats Subdivision (tl 10, Attachment "A ") (5.8 acres) (Plat 81 -8) 6. Lot 7, Block 1, Lakeside Subdivision (including adjacent Beaver Lake Drive extension right -of -way and excluding the rear 50 feet of Lot 7 adjacent to the Municipal Airport, which will remain greenbelt, Attachment "G ") (.94 acres) (Plat 86 - 35) 7. Tract A -1, Kadiak Alaska Subdivision, 1' Addition (3.6 acres) (Plat 84- 9) by the Kodiak Island Borough to the general public is consistent with Titles 17 and 18 of the Borough Code and recommends that the Assembly find that these seven (7) parcels are surplus to the public's need and can be made available for disposal at fair market value in accordance with Kodiak Island Borough Code Section 18.20.100 A. PASSED AND APPROVED THIS 20t DAY OF DECEMBER, 2000. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY: t W Clarence Sr Chairs • ATTEST: BY:/ /07/ enn' r Smi % Secretary C. munity •evelopment Department Resolution 2000-01-R Page 2 of 2 P &Z: December 20. 2000 Case No. 11 -023 Appendix Page 2 of 5 Public Hearing Item 7 -D P &Z April 20, 2011 Introduce. Manager Jensen • Requested by: Planning & Zoning Commission Drafted by: Borough Clerk Introduced: 01/18/2001 Adopted: 01/18/2001 KODIAK ISLAND BOROUGH RESOLUTION NO. 2001 -02 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DECLARING THAT CERTAIN KODIAK ISLAND BOROUGH REAL PROPERTY IS SURPLUS TO THE PUBLIC'S NEED AND CAN BE MADE AVAILABLE FOR DISPOSAL IN ACCORDANCE WITH KODIAK ISLAND BOROUGH CODE WHEREAS, Kodiak Island Borough Code section 18.20.030 requires that disposal of Borough land be reviewed by the Planning and Zoning Commission before submission to the assembly; and WHEREAS, Kodiak Island Borough Code section 18.20.030 further requires that the Commission, by resolution, make a recommendation to the assembly regarding land disposal; and • WHEREAS, the Commission adopted Resolution No. 2000 -01 -R at its regular meeting of December 20, 2000; and Ill WHEREAS, Kodiak Island Borough Code section 18.20.170 defines "disposal" as any transfer of real property; and WHEREAS, the Commission has determined that seven parcels comprising approximately 38.3 acres are surplus to the needs of the Kodiak Island Borough; and WHEREAS, the Commission has determined that disposal is in compliance with the Borough Code, and that, following rezoning and subdivision when appropriate, the disposal of surplus Borough lands to the public for fair market value, is a valid criteria for disposing of the Borough's interest in this property; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that • Section 1: The parcels are surplus to the public's need and can be made available for disposal at fair market value in accordance with Kodiak Island Borough Code Section 18.20.100 A. Kodiak Island Borough, Alaska Resolution No. 2001 -02 Page 1 of 2 Case No. 11 -023 Appendix Page 3 of 5 Public Hearing Item 7 -D P &Z April 20, 2011 Section 2: The Kodiak Island Borough Assembly declares at the Borough's interest in the following legally described seven parcels comprising approximately 38.3 acres of real property are surplus to the public's • needs: 1. Lot 7A, Block 4, Monashka Bay Subdivision (9.9 acres) (Plat 74 -19); 2. Lot 15, Russian Creek Subdivision within Lot 1, U.S. Survey 2539 (4.6 acres) (Plat 69 -2); 3. Lot 19, Russian Creek Subdivision and adjacent unsubdivided land within Lot 1, U.S. Survey 2539 (approximately 8 acres); (Plat 69 -2) 4. Tract H and a portion of Tract (proposed Tract H -1), Bells Flats Subdivision ( 5.48 acres) (Plat 69-4);‘, 5. Lots 1, 2, and a portion of Lot 6, Block 1, Tract A, Bells Flats Subdivision (approximately 5.8 acres) (Plat 81 -8) 6. Lot 7, Block 1, Lakeside Subdivision (including adjacent Beaver Lake Drive extension right -of -way and excluding the rear 50 feet of Lot 7 adjacent to the Municipal Airport, which will remain greenbelt (approximately .94 acres) (Plat 86 -35) 7. Tract A -1, Kadiak Alaska Subdivision, 1" Addition (3.6 acres) (Plat 84 -9) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS EIGHTEENTH DAY OF JANUARY, 2001 KODIAK ISLAND BOROUGH Robin Heinrichs, Deputy Borough Mayor ATTEST: Judith A. Nielsen, , Borough Clerk Kodiak Island Borough, Alaska Resolution No. 2001 -02 Page 2 of 2 Case No. 11 -023 Appendix Page 4 of 5 I"... ri%1 i n. a ni.10. et t: U.S. Fish and Wildlife Service 111 l'i •-• National Wetlands Invento Mar 30, 2011 . tn;,..." 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PLAT 69i-A 4 BELL' FLATS R.�13A9i' USKF S:.YY MSiJa. 0.9.5. - 6] D NLAr nDa-_; F REPLA T TO: LAKE ORB1,N SUBDIVISION LOTS CNC n49 FOUR, LC ;NE BELLS FLATS SUB051 L 16 1) MA 1RAL OR.p/; <CCS ,HALL ,VCP SC &ant) CR aGPEPEO ¶N( ALASkA 25]9 in IME RO[NAK RECORCAG OISTRiCi, KODiAK. LASAA 3 07C 3 4 3 Mt .14E '4 : 9' .• TED 'i A PG^i?.9 r. - 2) LW:Ebe■?g 5N,1(( 6( 9uf, F pC WCR_f . /h,'. :Arm iv", _ G9'L/4 L )FACJ 'N' V'CA Ia - A'.2 "LASS! [ KC CA ItD 20 CULLER, ATOUINID P- : 10) J AND 24 1,: 1C « R IS • 1 KC IMt .LAND BC90G9u ]1-I AS /..GSA SAY GMK/L4 et or WA F ('.7» SIX) 2s IDIS I AND 2 ( AT DE U2 ) 710 LILL ear ROAD Kg4AK. ALASKA. 99615 NCR40N LAID W^.tTING INC. “A" 1 - M1 FrONNAAY 26n 2011 V.O. Rex 1915 KODAK, A 99615 Auer At (W 468-6 t) 468 -6506 iG.e. 1 OF I • I,.. _.E .., „1 .I AA,r C) Case 11 -021. Request a review of a land disposal, according to KIBC 18.20 (Borough Real Property) to consider a disposal for less than fair market value of approximately four (4) acres of land, the exact boundaries of which will be determined by future survey, for the development of a new State of Alaska office building for use by the Alaska Department of Fish & Game, to be located on a portion of Lot B -1A, U.S. Survey 4947, (Plat 2010 -8), generally located on Near Island at 200 Trident Way. Zoning is PL- Public Land Use. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The location is 301 Research court, Near Island and it is zoned PL- Public Land Use. Dvorak reported 4 public hearing notices were sent out and 1 comment was received indicating no objection. Staff recommends forwarding this request with a favorable recommendation. There has been a survey done in preparation of a lease. This lease will allow the construction to begin and then at some point after the building is completed it's intended to more formally dispose of the building and the land that it sits on to the State. CHAIR TORRES stated maybe we should leave it at 4 acres instead of putting it at 2.88. Smith stated she already changed it in the resolution for signing. COMMISSIONER WATKINS MOVED to adopt the following resolution containing a positive recommendation to the Borough Assembly regarding the land disposal reviewed by the Planning & Zoning Commission in Case 11 -021. Close regular meeting & open public hearing: Bob Scholze, Kodiak Island Borough Resource Management Officer spoke in support of this request. Close public hearing & open regular meeting: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 11 -023. Request a rezone, according to KIBC 17.205, to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR1 -Rural Residential One, said rezone area to be proposed for replat in related Case S11 -012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The location is 10986 Chiniak Drive & 11629 Kalsin Drive, and the zoning is PL- Public Use Land. Dvorak reported 40 public hearing notices were sent out and 6 comments were received generally in opposition to the request. Staff recommends this request be approved and forwarded to the Assembly with a recommendation for approval. Staff also recommended an effective clause that the zoning would not be effective until the plat is filed. COMMISSIONER WATKINS MOVED to grant rezone, according to KIBC 17.205, Lots 1, 2, and 3, Lake Orbin Subdivision, as depicted in the preliminary plat submitted in related Case No. S11 -012, from PL- Public Use Land tu RR1 -Rural Residential One, subject to one condition of approval; and to adopt the "Findings of Fact" in the staff report dated April 8, 2011 in support of this recommendation. Close regular meeting & open public hearing: April 20, 2011 Page 3 of 8 Planning & Zoning Minutes John Isadore, Womens Bay Service Area Board Member and private citizen, stated he's opposed to this rezone and reminded the commission of the petition submitted in 2002 when this property was up for disposal. He said this is one of the last remaining greenbelts that is used by many residents, and it's a drainage area. This area cost the Service District about $100,000 to repair culverts and dig ditches, and the borough paid twice for the house that was flooded twice in this area during 2002 that was disposed of and sold. The contractors did minimal grading and put in insufficient culverts. He asked that before it's disposed of that the commission look at this property because 2 out of 3 of the lots are buildable but there is a salmonoid stream that runs into the pond which is a perfect retention pond. The drainage needs to be worked out. Dave Rittenhouse stated he's opposed and it should be left as a greenbelt because it's important as a buffer for noise, wildlife, drainage, berry picking, and hiking. We need to keep it as is. Alicia McEwan spoke in opposition and stated she bought the house across and up the hill from the subject property with the understanding that this was public use land and that it wouldn't be called into question of a rezone again. She feels the open space is important. Dave Hueman, Womens Bay Service Area Board Member, stated he met with Scholze last week to look at the lots. We have drainage issues from the last land sale the borough had. His concern is that a drainage plan is understood, enforced, and enacted if this land does get sold so the service district is not stuck with the bill or without resources. He said, as a private citizen, he can understand the resident's concern when you purchase property and see it is public use and then it gets changed which can affect your quality of life. Bob Scholze, agent /applicant, stated this disposal has been considered for 10 years. The Assembly reaffirmed their interest in proceeding and doing it right. More than half the property is being retained as public use for protection of the drainage and pond area. Conditions of Approval were built around Fish & Game's recommendations. Designation of this property as residential on the proposed future land use map of the KIB Comp Plan supports rezone to RR1. The preliminary subdivision design proposes 3 lots in the 60- 70,000 square foot range which exceeds the 40,000 sq. ft. minimum. The intent was to utilize that land to make it available to future land owners and retain the quality of life and neighborhood characteristics as much as possible. Each lot will provide good building sites, and suitability of soils for wells and septic will be confirmed by engineering as part of the preliminary subdivision review and conditions of approval. This is consistent with implementation action recommended to achieve the land use goal for the Womens Bay contained in the Comp Plan. Scholze was on site Friday with the borough manager and talked with Dave Heuman and Dave Conrad about drainage issues and concerns. Close public hearing & open regular meeting: In response to COMMISSIONER KERSCH'S inquiry of has the residents of Womens Bay ever asked to have that area converted to parklands, Dvorak said the last time we had a lot of public input on this kind of issue was when the Womens Bay Plan was done. The Jack & Lee Lakes area was a big part of that discussion that's a very prominent reference in the Womens Bay Community Plan but he doesn't recall any specific discussions about Tract G & H. April 20, 2011 Page 4 of 8 Planning & Zoning Minutes Dvorak state the Assembly determined it was surplus to the public's need and Tracts G & H, the subdivision would create 3 lots and the remainder of Lot 4 would be 4.1 acre with the pond area and drainage corridor. The idea of how it's disposed of is up to the Assembly. During discussion, the commissioners wanted to get to the subdivision since the rezone hinges on the subdivision being recorded. COMMISSIONER KERSCH said the residents have the option to purchase this property and make it a park if we dispose it. CONDITION OF APPROVAL 1. This rezone shall become effective upon the recording of the plat subject to this request. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The PL- Public Use Land zoning district is intended only for lands that are publicly owned and the allowable uses are not compatible with private land ownership. This land was designated surplus to the public's need by the Kodiak Island Borough Assembly (Resolution 2001 -02). A rezone from PL- Public Use Land to RR1 -Rural Residential One is consistent with the Assembly's disposal policy. The RR1 - Rural Residential One zoning district permits uses and structures that are compatible with existing residential developments in the surrounding area. These residential uses are consistent with the intent of the 1982 Womens Bay Comprehensive Plan. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1982 Womens Bay Comprehensive Plan provides guidance. Per that plan, those lands not designated for Commercial, Industrial or Public use, are intended to be used for Rural Residential Purposes. The RR -1 Rural Residential Zoning District is appropriate, and supports private ownership and eventual development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E) Case S11- 012. Request Preliminary approval, according to KIBC 16.40, of the replat of Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, to create Lots 1, 2, 3 and 4, Lake Orbin Subdivision. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The location is 10986 Chiniak Drive& 11629 Kalsin Drive and the zoning is PL- Public Use Land. Dvorak reported 40 public hearing notices were sent out and 4 comments were received generally in opposition. Staff recommended approval subject to 7 conditions; however, last Friday the Resource Manager and the Borough Manager went out and met with the representatives of the Service District Board and the Voluntary Fire Department. They made some field observations which led them to believe it would be advisable to make some modifications to the plat. A written request to postpone has been received to allow for some minor changes to the plat based on the field observations. In response to CHAIR TORRES'S inquiry of whether there is enough time to get it on the May agenda, Dvorak stated if the changes are substantial and a variation of the theme that you have seen tonight then the commission will know to postpone it even further and re- advertise it. Staff can't say until we see what it actually looks like. April 20, 2011 Page 5 of 8 Planning & Zoning Minutes KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2011 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2012 -01 Providence Kodiak Island Counseling Center Services to Kodiak Island Borough School District for School Year 2011 -2012. SUMMARY: Attached is the agreement between the Kodiak Island Borough and Providence Kodiak Island Counseling Center ( "Contractor ") setting forth the terms and conditions pursuant to the contractor providing mental health services for the Kodiak Island Borough schools. The contractor has worked with the School District to identify and document a mutual understanding of the program's scope and requirements with a focus on ensuring the greatest amount of quality service within the budgeted amount of $381,350. FISCAL NOTES: Account No.: 100 - 180 - 430 -165 Amount Budgeted: $381,350 Expenditure Required: $381,350 APPROVAL FOR AGENDA: CS,ce RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2012 -01 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the 2011 -2012 school year in an amount not to exceed $381,350. KODIAK ISLAND BOROUGH SCHOOL DISTRICT/PROVIDENCE KODIAK ISLAND COUNSELING CENTER/KODIAK ISLAND BOROUGH SCOPE OF SERVICES FOR THE SCHOOL CLINICIAN PROGRAM FOR THE 2011 -2012 SCHOOL YEAR The Kodiak Island School District (KIBSD), Providence Kodiak Island Counseling Center (PKICC) and the Kodiak Island Borough (KIB) work together in a trilateral agreement to provide school based mental health services. The School Clinician Program funding is appropriated by the Kodiak Island Borough and is reflected as an in -kind budget agreement between the KIBSD and the KIB. Funds for School Clinician Program services are provided to PKICC through a monthly budgetary process. The purpose of this program is to provide quality mental health services to the town and rural schools of KIBSD. Services are generally offered in the schools but also may occur in a variety of settings based on a treatment plan developed to meet the emotional needs of individual students. SERVICES Services include: 1. Mental health counseling for students, including individual, family, and group counseling as needed, with prioritized services to students with IEP recommendations. 2. Private school students on IEP's may receive mental health services recommended by the lEP team in the public school setting. 3. Consultation with teachers, counselors, school psychologists, and school administrators (bi- monthly meeting with all KIBSD School Psychologists, Counselors and Administrators) 4. Assistance in the development of behavioral management strategies for identified students (PKICC School Clinicians will develop treatment plans for each student seen addressing behavioral concerns). 5. Assistance in referral of identified students to appropriate community resources. 6. Topic focused psycho educational classes and groups. 7. Crisis intervention services for acutely distressed or suicidal students. 8. At the request of KIBSD principal /staff, PKICC School Program Team Leader will initiate CISM (Critical Incident Stress Management) services. 9. Psychiatric evaluation services will be provided for up to 3 hours per month as part of the scope of services agreement. 10. PKICC Clinician will be available during summer school. 11. Staff training will be available during teacher in- service week and at the request of the Principal or Administrative Staff. 12. A minimum of one parent workshop /training will be available during the year. COLLABORATION PKICC will work with KIBSD to provide an integrated approach in the treatment of Kodiak Island Borough students and families utilizing the skill and expertise of School Clinicians as well as other PKICC staff when needed to provide support and quality mental health care. This includes services by the PKICC Medical Director /Board Certified Psychiatrist, other multi- disciplinary team members, and the PKICC Director. To foster good communication and collaboration between KIBSD and PKICC, a core group representing administrative and counseling staff will meet bi- monthly throughout the year. STAFFING The School Clinician Program will be staffed with four Clinician 1 FTE's providing direct service within the schools and .3 FTE for supervision by a licensed professional counselor or social worker. Staff assignments will include one FTE in the High School, one FTE in the Middle School, two FTE's in the Elementary Schools. Each staff member will have one or more village responsibilities. Changes in staff assignments will be discussed with the KIBSD Director of Special Service. In the event of a need to hire new staff, PKICC will invite a representative from KIBSD to participate in an interview panel. KIBSD will choose its own representative. In the school year, PKICC Clinicians will travel to village schools as designated by KIBSD Superintendent. Each visit will provide at least one school day of service to students and staff with no more than 9 visits per year per village. To facilitate collaboration and increase support for village school staff PKICC Clinicians will initiate regular e -mail communication with designated village school staff and structure their schedules to allow for support. PKICC Clinicians will also participate in teleconference meetings with village school staff as scheduled by both KIBSD and KANA. Unfilled positions or leave of more than 10 consecutive school days will be discussed with the KIBSD and additional staff within PKICC will be appointed to provide coverage for the caseload. If additional staff is not immediately available within PKICC, the center will advertise for a short-term or long-term position. PKICC will provide monthly service reports that detail the number of service days provided by each School Clinician to the village and town schools. Specific dates for leave of absence or unfilled positions will be provided as well. These reports will be due by the 10th of each month and will be provided to the KIBSD and the KIB. JOB CLASSIFICATIONS AND DEFINITIONS CLINICIAN I Clinical position providing mental health services to children, adolescents and adults. PKICC School Clinicians are responsible for referring a child or family to a higher level of care when needed. Provides crisis and emergency services as necessary. PKICC School Clinicians are supervised by a licensed clinician. Is responsible for taking calls for emergencies on a rotating basis. All Clinician I staff is supervised by a Master's level licensed supervisor (School Program Team Leader). The School Program Team Leader is directly supervised by the PKICC Medical Director. SCHOOL CLINICIAN PROGRAM TEAM LEADER Manages School Program, supervises school clinicians, and ensures program provided services consistent with the accepted best practice mental health practices. Member of agency's Management Team. She provides direct clinical services and emergency on- call coverage on a rotating basis. PSYCHIATRIST (Medical Director) The Medical Director supervises all clinical activities of the Providence Kodiak Island Counseling Center. The Medical Director also assists with the management of all program activities and operations in partnership with the Director. Consults with the Director on all Center activities and functions. As a member of the Center's management team, is responsible for coordination of clinical mental health services and is capable of acting both independently and interdependently as responsibilities dictate. Provides complex, high -level mental health services as appropriate to professional credential and Center needs, including crisis and emergency services to adults, adolescents, and children. Supervises, evaluates, and coordinates activities of clinical personnel engaged in providing mental health services throughout the Counseling Center, managing all clinical services within accepted standards of mental health practice. PKICC DIRECTOR The Director supervises all administrative activities of the Providence Kodiak Island counseling Center. Plans operations and coordinates with Team Leaders; Consults with the Medical Director on all Center activities and functions. Resolves conflict between groups and individuals. Analyzes and evaluates staffing, goals and objectives, budgets, financial strategies, and operating functions. REFERRAL SERVICES Services provided in the school setting will be predominantly psycho educational or behavioral in nature. Written permission from parent or guardian is necessary for a child to receive counseling services in school. Students with a significant psychiatric disorder, or those who may be appropriate to receive, or are already receiving, therapeutic services will be referred to PKICC or another appropriate agency or private practice. Counseling services provided by PKICC staff other that the school based counselors, are not a provision of this agreement. Families will make both clinical and financial arrangements directly with PKICC. Providence Kodiak Island Counseling Center will bill individual insurance companies and /or families as appropriate and will provide a Sliding Scale Fee Program to qualify referred clients. PKICC School Clinicians, KIBSD school staff, agency provider, and private practice individuals will work collaboratively in the best interest of the student and family. Welby Jensen M.D., Medical Director wart McDonald, $u •m e nf n t Providence Kodiak.Island Kodiak s id Borough School istrict Counseling Center Jane W 1, Director 1-leather Martens Director Special Services Providence Kodiak Island Kodiak Island Borough School District Counseling Center Rick Gifford, Borough Manager Kodiak Island Borough REFERRAL SERVICES Services provided in the school setting will be predominantly psycho educational or behavioral in nature. Written permission from parent or guardian is necessary for a child to receive counseling services in school. Students with a significant psychiatric disorder, or those who may be appropriate to receive, or are already receiving, therapeutic services will be referred to PKICC or another appropriate agency or private practice. Counseling services provided by PKICC staff other that the school based counselors, are not a provision of this agreement. Families will make both clinical and financial arrangements directly with PKICC. Providence Kodiak Island Counseling Center will bill individual insurance companies and /or families as appropriate and will provide a Sliding Scale Fee Program to qualify referred clients. PKICC School Clinicians KIBSD school staff, agency provider, and private practice individuals will work collaboratively in the best interest of the student and family. - Welby Jen.' M.D., Medical Director Stewart McDonald, Superintendent Providence ' odiak Island Kodiak Island Borough School District Counseling Center .Iane:Wu, Director Heather Martens_ Director Special Services Providence Kodiak Island Kodiak Island Borough School District Counseling Center Rick Gifford, Borough Manager Kodiak Island Borough MENTAL HEALTH SERVICES THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska ( "Borough ") and Providence Health & Services - Washington dba Providence Kodiak Island Counseling Center. ( "Contractor ") for the purpose of setting forth terms and conditions pursuant to which the Contractor shall be contracted to provide mental health services. WITNESSETH Section 1. INTENT OF AGREEMENT. The Contractor is hereby contracted to provide a Mental Health in the Schools Program as described in the attached annual collaborative plan and fulfill all of the mental health services required by funded grants through the State of Alaska Department of Health and Social Services for community mental health program services. Contractor agrees to be bound by the same collaborative plans and grants. Section 2. SCOPE OF WORK. During Fiscal Year 2011 -2012, the Contractor shall provide the staffing required to deliver the services specified in the mental health in the schools collaborative plan and the grants from the State of Alaska. The Contractor will complete all documentation, billing and reporting as specified. The Contractor shall submit a monthly activity report of all activities of the Contractor by the 10 day following the end of each month to the Borough Manager and the School District Superintendent. Further, the Contractor shall provide financial summaries to the Administrative Service Review Team meetings to be held quarterly beginning in calendar year 2011 as mutually agreed to by all parties. Section 3. TERM. Unless earlier terminated, this agreement will remain in effect beginning July 1, 2011 and ending June 30, 2012. This agreement will correspond with the Lease Agreement currently in effect between the Kodiak Island Borough and Providence Health and Services — Washington. At any time either the Borough or the Contractor may terminate this agreement by 30 days written notice to the other party. This agreement shall terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. This agreement shall terminate 30days from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to termination. However, this agreement will not terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. If this notice is given before 30 days have passed after a written termination notice has been given, the running of those 30 days shall be tolled for 60 days. During this 60 -day period, the parties will negotiate in good faith. This agreement shall remain fully in force during the 60 -day negotiation period. If the issue has not been resolved to the satisfaction of both parties by the end of the 60 -day period, then the 30 -day termination period, if applicable, will begin running again from where it stopped. Section 4. COMPENSATION. Compensation for all services rendered under this agreement, Contractor shall be paid quarterly in 4 equal installments beginning on October 1, 2011 of $95,337.50 for a total fiscal year 2011 -2012 contract amount of $381,350. IN WITNESSETH WHEREOF the parties have executed this Agreement on this day of , 2011. KODIAK ISLAND BOROUGH Providence Health & Services - Washington dba Providence Kodiak Counseling Center uiLlaN Rick Gifford, Borough Manager Susan Humphrey4a tt. Area Operations Adminis rator ATTEST: Borough Clerk KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2011 REGULAR MEETING ITEM NO: 13.A.2 TITLE: Contract No. FY2012 -02 Kodiak Landfill Lateral Expansion Phase 1 Clearing, Excavation, and Fencing. SUMMARY: Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for the Kodiak Landfill Lateral Expansion Project, Phase I, Clearing, Excavation and Fencing as shown in the construction documents prepared by CH2M Hill, Inc. The construction documents, bid documents, and associated addenda are available for review. The project budget of $3,601,250 will be funded by an interfund loan or a revenue bond through the Alaska Bond Bank. The attached memo from the Finance director describes the scope of work and funding plan for the project. Bids were received in response to KIB's Invitation to Bid dated May 26, 2011. Four bids were opened on June 27, 2011. After reviewing the bids, staff has determined that Anderson Construction is the responsible bidder having submitted the lowest responsive bid. Bid tabulation is attached. Staff recommends approval of Contract No. FY2012 -02. FISCAL NOTES: Account No.: Amount Budgeted: $3,601,250 Expenditure Required: $2,482,899 APPROVAL FOR AGENDA: 0 44 cs r 4 - 5 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2012 -02 with Anderson Construction Company LLC of Kodiak, Alaska for the Kodiak Landfill Lateral Expansion Phase I, Clearing, Excavation, and Fencing in an amount not to exceed $2,482,899. _M Kodiak Island Borough MEMORANDUM TO: Honorable Mayor and Assembly Members of the Kodiak Island Borough m THROUGH: Rick Gifford, Borough Manager p FROM: Karleton Short, Finance Director ' 1 N SUBJECT: Landfill expansion loan IIIINNNN DATE: June 27, 2011 Kodiak Landfill Expansion Phase I, Clearing, Excavation & Fencing Scope of Work This phase of the Landfill Lateral Expansion project includes the clearing and grubbing of approximately 16 acres and excavation of approximately 170,000 cubic yards of soil and bedrock, processing the shot rock with a specified maximum size. Approximately 39,000 cubic yards of soil and shot rock will be placed to form the perimeter berm and the Leachate Storage Lagoon for Cell 1 of the Lateral Expansion, with the remainder of soil and shot rock placed in stockpiles. Approximately 100 linear feet of 18 inch storm drain culvert will be installed along with approximately 400 cubic yards of riprap and 1,000 square yards of filter geotextile. Also included in this phase is the removal of approximately 3,300 linear feet of existing electrified bear fence and the installation of approximately 2,300 linear feet of new electrified bear fence and approximately 1,000 linear feet of chain link fence. Approximately 3.6 acres will be hydroseeded along with approximately 4,200 square yard of erosion control matting placement on excavation and embankment slopes. This project will cost approximately $3,601,244. We have estimated the life of the project to be 15 years so we have proposed a 15 year loan at an interest rate of 4.0 %. We could fund this with an interfund loan fom the Facilites Fund or a revenue bond through the Alaska Bond Bank. The following table shows the amount of the loan, the payments on these loans, and how much the landfill budget would have to be increased to make these loan payments. Total Costs Principal 3.601,250 Number of Years 15 Interest rate 4.00'Y Annual Payment $323,900 Annual Budget 2,526.473 Revenue increase needed 13% The bottom line is that revenues will have to be increased 13% to make the payments on these loans. This could come from increases in residential and/or commercial garbage rates, grant funds, or a property tax. Bid Tabulation Kodiak Landfill Lateral Expansion Ph. I Bid Opening: 6/27/2011 15:00 Total Bid GENERAL CONTRACTOR 1 $ 2,482,899 Anderson Construction % Est 83% 2 $ 2,901,565 Jay Brant Diff (Low) $ 2,901,565 % Diff (Low) 16.86% % Of Est 97% I 3 $ 3,259,920 Brechan Enterprises Diff (Low) $ 3,259,920 % Diff (Low) 131.29% % Of Est 109% 4 $ 3,495,309 Twin Peaks Diff (Low) $ 3,495,309 % Diff (Low) 140.78% % Of Est 117% I 'Estimate I $ 2,999,000 I KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT Kodiak Landfill Lateral Expansion Project, Phase I, Clearing. Excavation & Fencing PROJECT NAME AND NUMBER This CONTRACT ( "Contract "), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Anderson Construction Company, LLC Company Name PO Box 2310, Kodiak, AK 99615 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual nPartnership nJoint Venture 'Sole Proprietorship X Corporation incorporated under the laws of the State of _Alaska , its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above - referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed Two Million Four Hundred Eighty Two Thousand Eight Hundred Ninety Nine dollars ($2,482,899) for all base items. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: March 31, 2012 or within _n/a calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover per project specifications dollars ($ n/a ) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over Kodiak Island Borough Construction Contract Page 1of 3 C: \Documents and Settings \njavier \Local Settings \Temporary Internet Files \ Content .Outlook \T4MFH33T\Anderson contract.doc which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $2,482,899 Payment Bond, and $2,482,899 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Rick Gifford or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: ( ; ( IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Company Name Signature of Authorized Company Representative Typed Name and Title Date Kodiak Island Borough Construction Contract Page 2of 3 C: \Documents and Settings \njavier \Local Settings \Temporary Internet Files \ Content .Outlook \T4MFH33T\Anderson contract.doc KODIAK ISLAND BOROUGH Signature of Borough Manager Typed Name Date Borough Clerk (ATTEST) Kodiak Island Borough Construction Contract Page 3of 3 C: \Documents and Settings \njavier \Local Settings \Temporary Internet Files \ Content .Outlook \T4MFH33i1Anderson contract.doc KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2011 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2012 -03 Approving Fiscal Year 2012 Kodiak Island Borough Non - Profit Funding. SUMMARY: This resolution is the framework in which the Assembly distributes the Borough funds set aside in the Fiscal Year 2012 budget to various non - profit agencies. FISCAL NOTES: See attached spreadsheet APPROVAL FOR AGEND RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -03. 1 Introduced by: Borough Manager 2 CORRECTED VERSION Requested by: Borough Assembly 3 Drafted by: Finance Director Introduced on: 07/07/2011 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2012 -03 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING 10 FISCAL YEAR 2012 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING 11 12 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many 13 benevolent non - profit organizations that provide services that enrich our lives; and 14 15 WHEREAS, Kodiak Area charitable non - profit organizations provide humanitarian services 16 that many of our community members rely upon; and 17 18 WHEREAS, these organizations provide expanded education, cultural, and health 19 services that cannot be provided through the ordinary governmental budget; and 20 21 WHEREAS, these organizations expand the services that can be provided, with limited 22 funds, through the utilization of volunteers; and 23 24 WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in 25 the community. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH: 29 1. The Kodiak Island Borough fiscal year 2012 budget will be amended to budget 30 contributions to non - profit organizations in the amounts indicated on the attached 31 page of this resolution contingent upon each organization providing their 501(c)(3) 32 and financial documentation. 33 34 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 35 THIS DAY OF 2011 36 37 38 39 40 41 KODIAK ISLAND BOROUGH 42 43 44 45 ATTEST: Jerome M. Selby, Borough Mayor 46 47 48 49 Nova M. Javier, MMC, Borough Clerk 50 51 Kodiak Island Borough Resolution No. FY2012 -03 Page 1 of 2 FY2012 NON - PROFIT FUNDING BUDGET DETAIL FY11 FY12 FV12 ASSEMBLY Application 501(c)3 Actual Financials Grant Organization FUNDING REQUEST FUNDING Received? on file Status Included? Report HEALTH & SOCIAL SERVICES 1 American Red Cross $ 7.000 $ 7,000 $ 7,000 yes yes 501c3 yes yes 2 Brother Francis Shelter 50 ,000 50,000 50,000 yes yes 501c3 yes yes 3 Hope Community Resources 5,000 5.000 5,000 yes yes 501c3 yes yes 4 Kodiak Area Transit System 15,000 15,000 15,000 yes yes 501c3 yes yes 5 Kodiak Baptist Mission (Food Bank) 37,500 38,300 37,500 yes yes 501c3 yes yes 6 Proodence Counseling Center (Safe Harbor) 25,000 25,000 25,000 yes yes 501c3 yes yes 7 Kodiak I Health Care Foundation (Clinic) 20,000 20,000 20,000 yes yes 501c3 yes yes 8 Kodiak Women's Resource 8 Crisis Center 60,000 60,000 60.000 yes yes 501c3 yes yes 9 Salvation Army 10,000 10000 10,000 yes National yes yes 10 Senior Citizens of Kodiak 35,000 35,000 35,000 yes yes 501c3 yes yes 11 Kodiak Area Special Olympics 7,500 7,500 7,500 yes yes 501c3 no yes 12 Threshold Sen ces 10,315 10,300 10,300 yes yes 501c3 yes yes 13 Kodiak Island Search and Rescue - 1,000 - yes ? yes yes 14 Humane Society 4,000 5,000 4,000 yes yes 501c3 yes yes HEALTH & SOCIAL SERVICES SUBTOTAL $ 286,315 $ 289,100 $ 286,300 Budget $286,315 Available $15 EDUCATION, CULTURE & RECREATION 15 KANA (WIC/ILP/Family Center) $ 12,000 $ 12,000 $ 12,000 yes yes 501c3 yes yes 16 Kodiak Public Broadcasting 7,500 12,500 7,500 yes yes 501c3 yes yes 17 Kodiak Arts Council 15,000 15,000 15.000 yes yes 501c3 yes yes 18 Kodiak Girl Scouts 1,000 1,000 1,000 yes yes 501c3 yes yes 19 Kodiak Head Start 9,000 9,000 9.000 yes yes S01c3 yes yes 20 Kodiak Little League 4,500 5.000 4,500 yes yes 501c3 yes yes 21 Kodiak Teen Court* 5,100 5,100 5,100 yes yes 501c3 yes yes 22 Audubon Society 1,300 1,300 1,300 yes yes 501c3 yes yes 23 Kodiak Soil 8 Water Conservation District 2,820 6,000 3,685 yes 501c3 yes yes 24 Kodiak Island Sportsman Assoc. - 2,000 - yes 501c4 no N/A 25 Kodiak Public Library Association - 25,000 - yes yes 501c3 yes N/A 26 Kodiak Football League - 3.000 - yes yes 501c3 yes N/A EDUCATION, CULTURE & RECREATION SUBTOTAL $ 58,220 $ 96,900 r $ 59,085 Budget $59,085 'requesting space rent in lieu of cash donation Available $0 Tourism Development Dig Afognak - $ 566 $ 5661 $ -I yes tribal yes yes Historical Society 6,500 6,500 6,500 yes yes 501c3 yes yes Kodiak Maritime Museum 8000 5,000 7.410 yes yes 501c3 yes yes EDUCATION, CULTURE & RECREATION SUBTOTAL $ 12,066 $ 12,066 $ 13,910 Budget $13,910 52 1.. Exempt due to increase in personal property deductible I Available $0 Kodiak Island Borough Resolution No. FY2012 -03 Page 2 of 2 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: Finance Director Introduced on: 07/07/2011 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2012 -03 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING 10 FISCAL YEAR 2012 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING 11 12 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many 13 benevolent non - profit organizations that provide services that enrich our lives; and 14 15 WHEREAS, Kodiak Area charitable non - profit organizations provide humanitarian services 16 that many of our community members rely upon; and 17 18 WHEREAS, these organizations provide expanded education, cultural, and health 19 services that cannot be provided through the ordinary governmental budget; and 20 21 WHEREAS, these organizations expand the services that can be provided, with limited 22 funds, through the utilization of volunteers; and 23 24 WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in 25 the community. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH that the Kodiak Island Borough fiscal year 2012 budget will be amended to 29 budget contributions to non - profit organizations in the amounts indicated on the attached 30 page of this resolution contingent upon each organization providing their 501(c)(3) 31 documentation. 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS DAY OF 2011 35 36 37 38 39 40 KODIAK ISLAND BOROUGH 41 42 43 44 ATTEST: Jerome M. Selby, Borough Mayor 45 46 47 48 Nova M. Javier, MMC, Borough Clerk 49 50 Kodiak Island Borough Resolution No. FY2012 - Page 1 of 2 FY2012 NON - PROFIT FUNDING BUDGET DETAIL FY11 FV12 FY12 ASSEMBLY Application 601(c)3 Actual Financials Grant Organization FUNDING REQUEST FUNDING Received? on file Status Included? Report HEALTH & SOCIAL SERVICES 1 American Red Cross S 7,000 $ 7000 yes yes 501c3 yes yes 2 Brother Francis Shelter 40.000 50000 yes yes 501c3 yes yes 3 Hope Community Resource 1 30 ,5, 5 -.,4 y(yasy .. ? yes 501c3 .yes y s` z .ar. 00 000 a 4 Kodiak Area Trans t System t 1 000 15. * .ye¢ '(� ryas 501 yes yes ri3 yes 501c3 yes _ 5 Kodiak Baptist Mission (Food Bank) 35,000 38,300 � yes . yes 6 ProNdence Counseling Center (Safe Harbor) 21.060 25.000 yes yes 501c3 yes yes "Ir ] Kotl ak lslentl He Care Fo ndat on (Clinic) s .25 000 -' 20.000 t � ? e £'. �Y" t, y es y es' SOtc3 p3, 3 y yes ; F 8 Kodiak Women s Resource & Oasis Center .. 50 7S1 '60000 5 - s dyes 1,w t' yes 501c3 5"" yeses 9 Salvation Army w 10,000 10000 yes National s y es u .a � . yes 10 Senior Citizens of Kodiak 35,000 35000 yes yes 501c3 yes yes 11 Kotl ak Area Special Olympics : 7500 y es , 501 3 , ido "P y es 12 Threshold Sertces _..e 3 10 00 t' l ` } yes u j l £ yes 5 01c3 'yn ye s 4 y ii, il ..._ ...._ d _.L Res . 10 15 _ r_ � ... p _. .. 13 Kodiak Island Search and Rescue - 1,000 y es 7 yes yes 14 Humane Society 4,000 5,000 yes yes 501c3 yes y es HEALTH & SOCIAL SERVICES SUBTOTAL $ 266,626 $ 289,100 $ - Budget $286,315 Available $286,315 EDUCATION, CULTURE & RECREATION 15 KANA (WIC /ILP /Family'Center) a >1 6, ,12 000 $ r 12,000 4/ n ,'Ve ls , yes 501c3fe icryes yes.'# P1 K d ak-ublic Broadcas ` 4 00 I , r ` ».,: o nc i,. ,....Cn 9 k fi £ s: .. 12500 .. ,:yes t yes 501c3 Ty s. yes , 17 Kodiak Arts Council 15,000 15,000 yes yes 501c3 yes y es 18 Kodiak Girl Scouts 1,000 1,000 yes yes 501c3 yes yes 19 Kodiak HeaO Stan 7 ✓ ji 19 000 a. : 9,000 s 7 v b yes ? 501c3 Il y -+ yes= 120 Kodiak Little Leaa B ', 5 y`-4 S i ` es {- i _. Kodiak Teen o ., ..aa `' ..4500 & : _ 000 _. k... - _ Wr" _ _ -ye yes. .50103 . k: yes yes_ 21 Kodiak Teen Court' 5,100 5,1eo yes yes 501c3 yes yes 22 Audubon Society 1,300 1,300 yes yes 501c3 yes yes 1 23 Kotl ak SO I B P et C nsenatlon Dlstnct 2 820 6,000 t i ` w y s i ? 501 3 'yes y es 1 24 K 0 0 5 k 11 rtsm en Assoc.. i y _2 '� £ as x _ tS ' ' SOt � _ no N/A j 25 Kodiak Public Library Association - 25,000 yes yes 501c3 yes N/A 26 Kodiak Football League - 3,000 y es yes 501c3 yes N/A EDUCATION, CULTURE & RECREATION SUBTOTAL $ 68,220 $ 96,900 $ • Budget $59,085 - requesting space rent in lieu of cash donation Available $59,085 Tourism Development I Dig Afognekl >7 u a _ $ (55641$1,"; 566 " '' `yes , ': tebai .{ :ye _ : 1 yes oal 5 ciey� ,, c,. rt , , .�0 i .6, , ysc �d yes 01c3 i , yes IL H stnc t 6 50 0 , i - -... _. e 5 ..S _ r�.y . Kodiak Maritime Museum 5,000 5,000 _ T yes yes 501c3 u yes � yes EDUCATION, CULTURE & RECREATION SUBTOTAL $ 12,066 $ 12,066 $ - Budget $13,910 52 Available $13,910 53 Kodiak Island Borough Resolution No. FY2012 -03 Page 2 of 2 FY2012 NON - PROFIT FUNDING BUDGET DETAIL FY11 FY12 FY12 ASSEMBLY Application Actual Financials Grant Organization FUNDING REQUEST FUNDING Received? 501(c)3 Status included? Report HEALTH & SOCIAL SERVICES 1 American Red Cross $ 7,000 $ 7,000 yes yes 501c3 yes yes 2 Brother Francis Shelter I .50,000', 50,000 yes yes 501c3 yes yes 3 Hope Community Resources 5,000 5,000 yes yes 501c3 yes yes 4 Kodiak Area Transit System 15,000 15,000 yes yes 501c3 yes yes 5 Kodiak Baptist Mission (Food Bank) 37,500 38,300 yes yes 501c3 yes yes 6 Providence Counseling Center (Safe Harbor) 25,000 25,000 yes yes 501c3 yes yes 7 Kodiak Island Health Care Foundation (Clinic) . ! 20,000 20,000 yes yes 501c3 yes yes 8 Kodiak Women's Resource & Crisis Center .. 60,000 60,000 yes yes 501c3 yes yes 9 Salvation Army 10,000 10,000 yes National yes yes 10 Senior Citizens of Kodiak 35,000 35,000 yes yes 501c3 yes yes 11 Kodiak Area Special Olympics 7,500 7,500 yes yes 501c3 no yes 12 Threshold Services 10,315 10,300 yes yes 501c3 yes yes 13 Kodiak Island Search and Rescue - 1,000 yes ? yes yes 14 Humane Society 4,000 5,000 yes yes 501c3 yes yes HEALTH & SOCIAL SERVICES SUBTOTAL $ 286,315 $ 289,100 $ - Budget $286,315 Available $286,315 • EDUCATION, CULTURE & RECREATION 15 KANA(WIC /ILP /Family Center) $ 12,000 $ 12,000 yes yes 501c3 yes yes 16 Kodiak Public Broadcasting 7,500 12,500 yes yes 501c3 yes yes • 17 Kodiak Arts Council 15,000 15,000 yes yes 501c3 yes yes 18 Kodiak Girl Scouts 1.000 1,000 yes yes 501c3 yes yes 19 Kodiak Head Start 9,000 9,000 yes yes 501c3 yes yes 20 Kodiak Little League 4,500 5,000 yes yes 501c3 yes yes 21 Kodiak Teen Court' 5,100 5,100 yes yes 501c3 yes yes 22 Audubon Society 1,300 1,300 yes yes 501c3 yes yes 23 Kodiak Soil & Water Conservation District 2,820 6,000 yes 501c3 yes yes 24 Kodiak Island Sportsman Assoc. - 2,000 yes 501c4 no N/A 25 Kodiak Public Library Association - 25,000 yes yes 501c3 yes N/A 26 Kodiak Football League - 3,000 yes yes 501c3 yes N/A EDUCATION, CULTURE & RECREATION SUBTOTAL $ 58,220 $ 96,900 $ - Budget $59,085 "requesting space rent in lieu of cash donation Available $59,085 Tourism Development Dig Atognak $ 566 $ 1,000 yes - tribal yes: yes Historical Society 6,500 7,000 yes yes 501c3 yes yes Kodiak Maritime Museum 5,000 1 . 15,000 I yes yes 501c3 yes yes EDUCATION, CULTURE & RECREATION SUBTOTAL $ 12,066 $ 23,000 $ - Budget $13,910 Available $13,910 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2011 REGULAR MEETING ITEM NO: 13.B.2 TITLE: Resolution No. FY2012 -04 Declaring Lot 4, Block 10 Port Lions Subdivision as Surplus to the Borough's Needs and Authorizes the Disposal of This Former Teacherage and Lot for Less Than Fair Market Value to the City of Port Lions. SUMMARY: The teacherage in Port Lions has not been occupied for over a decade. It has fallen into a state of disrepair and deterioration due to lack of maintenance and overall neglect. The need for providing a teacherage in the community has not been an issue since there is better housing stock available in the community to rent or own. The City of Port Lions has requested ownership of this parcel and structure in an effort to make it available for VPSO housing, or other economic development purposes. They are also interested in eliminating this unattractive nuisance and potential hazard. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA:4i RECOMMENDED MOTION: Move to adopt Resolution FY2012 -04. 1 Introduced by: Borough Manager 2 Requested by: Community Development 3 Drafted by: CDD Director • Introduced on: 07/07/2011 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2012 -04 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY IN ACCORDANCE 11 WITH KIBC 18.20.030 DECLARING LOT 4, BLOCK 10 PORT LIONS SUBDIVISION AS 12 SURPLUS TO THE BOROUGH'S NEEDS AND AUTHORIZES THE DISPOSE OF THIS 13 FORMER TEACHERAGE AND LOT FOR LESS THAN FAIR MARKET VALUE TO THE 14 CITY OF PORT LIONS 15 16 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.30 states that all disposals of 17 Borough land be reviewed by the Planning and Zoning Commission who will submit to the 18 Borough Assembly a recommendation on its disposition, and 19 20 WHEREAS, the Borough administration submitted a request to dispose of this former 21 teacherage (property and structure) to the City of Port Lions upon a request by its Mayor 22 and Council, and 23 24 WHEREAS, this structure and has not been occupied for over a decade as teachers have 25 either rented or purchased homes in the community; and 26 27 WHEREAS, this teacherage structure, as a result of vacancy, deferred maintenance and 28 neglect, has experienced substantial deterioration and become an attractive nuisance and 29 potential hazard, which the City of Port Lions is willing to resolve; and 30 31 WHEREAS, the Planning and Zoning Commission after conducting a noticed public 32 hearing on May 18, 2011 recommends disposal of this former teacherage as it has no 33 further use to the Kodiak Island Borough. 34 35 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH THAT: 37 38 Section 1. The Assembly finds that the disposal of teacherage (property and structure) to 39 the City of Port Lions for less than fair market value in accordance with KIBC 40 18.20.100(B) will allow the use of the land for a public purpose that is 41 beneficial to the Borough. 42 43 Section 2. The Borough Manager is authorized to execute the disposal of Lot 4, Block 10, 44 Port Lions Subdivision. 45 Kodiak Island Borough Resolution No. FY2012 -04 Page 1 of 2 46 Section 3. This resolution shall be effective immediately upon adoption. 47 48 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 49 THIS DAY OF 2011 50 51 KODIAK ISLAND BOROUGH 52 53 54 55 Jerome M. Selby, Borough Mayor 56 57 ATTEST: 58 59 60 61 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 -04 Page 2 of 2 City of Port Lions Administrative Office 1 : e.....„& '064 3 P.O. Box 110 Port Lions, Alaska 99550 • Phone: (907) 454 -2332 • Fax: (907) 454 -2420 lit. .. :- 3 • =-.. -�— -- V..34 E -mall: cityofpoNions @hotmail. corn April 26, 2011 Mr. Robert Scholze, Resource Management Officer, Community Development Dept. Kodiak Island Borough Dear Mr. Scholze; This letter is to inform you that the City of Port Lions Alaska is interested in acquiring the property owned by the Kodiak Island Borough located at Lot #4, Block ti10 in Port Lions Alaska. The City of Port Lions sees this as an opportunity for much needed economic development which could greatly benefit the community and we are open to discussing the possibility of a simple transfer of ownership from the Kodiak Island Borough to the City of Port Lions. The benefit of this, as we see it, is as follows; • The Borough has the opportunity to remove a deteriorating, vacant liability from their books. • The Borough would no longer be responsible for the cost to raise the building before taking bids on the property. • The Borough would no longer be responsible for any as yet unidentified materials that may or may not be present on the property without testing both the building and grounds. The City of Port Lions will: • Accept the liability for the property, structure and the entire cleanup. • Raise or rehabilitate the building. • Cleanup and improve the property. We believe that this offer creates a win /win situation, as it serves the desires of both parties. Sinc rely 2 2 p�(2� • :, EC EQ V LSD teve Andresen mayor' MAY 1 1 2011 Port Lions, Alaska 99550 KM • Resource Management Officer RESOLUTION # 11 -9 -R A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PORT LIONS, ALASKA REQUESTING OWNERSHIP OF LOT 4, BLOCK 10, PORT LIONS SUBDIVISION FROM THE KODIAK ISLAND BOROUGH WEREAS; the City of Port Lions is a recognized second class City within the boundaries of the Kodiak Island Borough, and WHEREAS; The City of Port Lions has the right to ask the Kodiak Island Borough for ownership of disposed property within the Borough and the City Limits of Port Lions for less than fair market value, and WHEREAS; the City of Port Lions intends to use the property for economic development purposes for the benefit of the City and would like to rehabilitate the property to the extent that is fiscally possible. NOW THEREFORE BE IT RESOLVED: that the Port Lions City Council requests ownership of the property located at Lot 4, Block 10 of the Port Lions Subdivision. THIS RESOLUTION BECOMES EFFECTIVE UPON THE aP uA4 BY A DULY CONSTITUTED QUORUM OF THE CITY COUNCIL OF THE CITY OF PORT LIONS, ALASKA. Da o l Adop o 6 - I p f • ayor, City; Port Lions ATTEST: Acting r C lerk 7. Driveway access to proposed Lot 3 is restricted to Kalsin Drive just west of its intersection with Middle Bay Drive within a thirty (30) foot width beginning five (5) feet east of its southeasterly corner common with proposed Lot 2, consistent with plat note #2 and as indicated on the plat. 8. Add a plat note which states: "No further subdivision of proposed Lots 1, 2 and 3 is permitted that would result in the creation of additional lots. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 511 -014. Request Preliminary approval, according to KIBC 16.40, to amend a note on Plat 2000 -8, restricting Driveway /Vehicle Access to Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and instead restricting Driveway /Vehicle Access exclusively to Sharatin Road for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and amending a note on Plat 2000-8 that requires the Front Yard Setback to be calculated from Wilton White Way for Lots 5 to 12, Block 2, Perez Estates Subdivision and requiring that the front yard setback and street address be restricted to Sharatine Road for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and, To amend a note on Plat 2000 -8 providing for exclusive use of a 60 foot wide access and utility easement from Wilton White Way by Lots 3, 4, 5 and 6, Block 2, Perez Estates Subdivision, by eliminating a 20 foot access easement to Lots 5 and 6, Block 2, Perez Estates so that the amended easement will provide for exclusive use of the full 60 foot width for utilities by Lots 3, 4, 5 and 6, Block 2, Perez Estates Subdivision and exclusive access easement by Lots 3 and 4, Block 2, Perez Estates Subdivision for the 40 foot remainder of the access easement covering the back -to -back Bag stem drives connecting to Wilton White Way. The applicant is Kodiak Ventures. The location is 3084 and 3052 Wilton White Way and NHN assigned for remainder of lot generally located between Sharatine Road and Wilton White Way. It is zoned R3- Multi- family Residential. Cassidy reported as a result of last week's work session the applicant has requested postponement. COMMISSIONER SCHMITT MOVED to postpone Case S11 -014 until the June 15, 2011 Planning & Zoning Commission Regular Meeting. The public hearing was opened & closed: There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 11 -024. Request a Variance, according to KIBC 17.90.040 (Building Height) in order to allow a 65 foot cellular communication tower to exceed the maximum 50 foot building height allowable in the B- Business zoning district. The applicant is Brechan Enterprises, Inc. and the agent is GCI Communication Corporation. The location is 3174 Mill Bay Road, and it's zoned B- Business. Cassidy reported the applicant has requested postponement. This is a tower that is proposed to be on the Brechan yard towards the end of Mill Bay Road. This is one of the routes that may get cell service to Ouzinkie. They tried Sharatine Mountain but that didn't work. COMMISSIONER BALDWIN MOVED to postpone Case 11 -024 until the June 15, 2011 regular meeting of the Planning & Zoning Commission. The public hearing was opened & closed: There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 1 E) Case 11-025. Request a Review of land disposal for Lot 4, Block 10, Port Lions Subdivision (former residential teacher housing owned by the KIB), which is no longer required by the Kodiak Island Borough School District and which is no longer of benefit to the public. The applicant is the 5/18/2011 P &Z Minutes Page 3 of 5 Kodiak Island Borough and the agent is Bob Scholze, KIB Resource Management Officer. The location is Lot 4, Block 10, Port Lions Subdivision, and it's zoned R1- Single - family Residential. Cassidy reported disposals require commission review and approval with a recommendation to the Assembly. The commission must determine if this is surplus to the borough's needs. The building was a teacherage that hasn't been used in at least a decade and is in extreme disrepair. Staff recommends approval of this disposal by approving the resolution in your staff report. COMMISSIONER KERSCH MOVED to adopt Planning & Zoning Commission Resolution No. FY 2011 -02, and to adopt the findings in that supplemental memo dated May 18, 2011, as "Findings of Fact" for Case 11-025. Close regular meeting & open public hearing: Bob Scholze stated he is here to answer any questions. Close public hearing & open regular meeting: FINDINGS OF FACT 1. The Commission has reviewed the subject property's current physical condition. 2. The Commission finds that the subject property's physical deterioration represents a detriment to the immediate environs and a public safety risk, 3. The Commission finds that the subject property's physical deterioration would require uneconomic expenditures in order to rehabilitate the property. 4. The Commission has reviewed the subject property's potential for future Borough use and finds the property no longer of benefit to the Borough, and, surplus to the Borough's need. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter of Courtesy & Advisory re: occupancy of two single - family dwelling units in the RR1 -Rural Residential One Zoning District. Cassidy gave a brief report on the communication. In response to COMMISSIONER KERSCH comment and inquiry of he had asked for the Code Enforcement Officer to join us in one of our meetings 2 months ago and now we're in the third meeting and we still haven't seen him, is he going to come to one of our meetings some day, Cassidy replied the key is that Jack Maker is an overtime employee and Cassidy wants to make sure that when he comes folks are ready to ask him questions. If you want him at the next meeting Cassidy will have him there, COMMISSIONER BALDWIN MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: The next Planning & Zoning Commission work session is on June 8, 2011 at 6:30pm in the KIB Conference Room and the regular meeting will be on June 15, 2011 at 6:30pm in the Assembly Chambers. COMMISSIONER KERSCH requested to be excused at the June meetings due to being out of state on vacation. 5/18 /2011 P &Z Minutes Page 4 of 5 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2011 -02 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF PORT LIONS SUBDIVISION, BLOCK 10, LOT 4. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.30 requires each disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to considered if the land identified is surplus to the Borough's need; and, WHEREAS, the existing parcel is the site of the former Port Lions teacherage structure that has not been inhabited for over a decade as teachers have either rented or purchase homes elsewhere in the village; and WHEREAS, this parcel has no further use to the Kodiak Island Borough; and WHEREAS, the Planning & Zoning Commission held a public hearing on May 18, 2011 and is recommending the disposal of this parcel. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, determines that Port Lions Subdivision, Block 10, Lot 4 is surplus to the public's need. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends that the Kodiak Island Borough Assembly approve for disposal the property identified as Port Lions Subdivision, Block 10, Lot 4. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 18 DAY OF MAY, 2011 PLANNING G COMMISSION & Z � QCs I��— - Alan Torres, Chair ATTEST .J''ShnOn � _ Sheila Smith, Secretary Public Hearing Item 7 -E P &Z May 18, 2011 SUPPLEMENTAL MEMORANDUM DATE: May 18, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 18, 2011 Regular Meeting CASE: 11 -025 APPLICANT: Kodiak Island Borough AGENT: Robert Scholze REQUEST: Review of land disposal for Lot 4 Block 10 Port Lions Subdivision (former residential teacher housing owned by the Kodiak Island Borough), which is no longer required by the Kodiak Island Borough School District, and which is no longer of benefit to the public. LOCATION: 205 Spruce Drive ZONING: R -1 Single Family Residential Zoning COMMENTS This supplemental memo is written as a result of discussion that occurred at the Commission's packet review on May 8 2011 This property is the site of the former Port Lions School Teacherage. It is an old HUD home and has not been utilized for over a decade as teachers have leased other suitable housing or purchased housing elsewhere in the community. As a result, the structure has fallen into major disrepair. We received a letter from the City of Port Lions expressing interest in the parcel, but what it will be used for in the future has not been determined and talks between the City of Port Lions and the Borough are only in the preliminary stages. But this case is a review and determination by the commission about if there remains any Borough interest in the parcel since it is no longer used as a teacherage. The position of the Resource Manager is that this parcel is surplus to the borough's needs and recommends disposal. CDD staff would agree and recommends passage of the revised resolution. Should the commission agree, the Assembly, Manager and the City of Port Lions can discuss future disposal issues. Page 1 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 RECOMMENDATION Staff recommends forwarding this request for disposal of Borough lands to the Assembly with approval of Resolution 2011 -02 attached with this Supplemental Memo. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning & Zoning Commission Resolution No. FY 2011- 02, and to adopt the findings in the Supplemental Memo dated May 18, 2011, as "Findings of Fact" for Case 11 -025. FINDINGS OF FACT [1] The Commission has reviewed the subject property's current physical condition. [2] The Commission finds that the subject property's physical deterioration represents a detriment to the immediate environs and a public safety risk. [3] The Commission finds that the subject property's physical deterioration would require uneconomic expenditures in order to rehabilitate the property. [4] The Commission has reviewed the subject property's potential for future Borough use and finds the property no longer of benefit to the Borough, and, surplus to the Borough's need. Page 2 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2011 -02 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF PORT LIONS SUBDIVISION, BLOCK 10, LOT 4. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.30 requires each disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to considered if the land identified is surplus to the Borough's need; and, WHEREAS, the existing parcel is the site of the former Port Lions teacherage structure that has not been inhabited for over a decade as teachers have either rented or purchase homes elsewhere in the village; and WHEREAS, this parcel has no further use to the Kodiak Island Borough; and WHEREAS, the Planning & Zoning Commission held a public hearing on May 18, 2011 and is recommending the disposal of this parcel. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, determines that Port Lions Subdivision, Block 10, Lot 4 is surplus to the public's need. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends that the Kodiak Island Borough Assembly approve for disposal the property identified as Port Lions Subdivision, Block 10, Lot 4. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 18 DAY OF MAY, 2011 PLANNING & ZONING COMMISSION Page 3 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 Alan Torres, Chair ATTEST Sheila Smith, Secretary Page 4 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 Lo ation Request: Review CQ(k7nXo7 disposal QPf4° Block 'A p A g Case 099-025 Pcog Lions Subdivision (former residential teacher housing Kodiak Island Borough owned Wake KIB), 03 M longer required °, (nkb- g Kodiak Island Borough School District eCItb UO Agent: Robt Schoize longer CQ benefit QO( ip public . 0 <IA 1 nV INS' Ill" SG V- 4 V ■ ,41■44, 41finialig Illiglift ofr 44 , -, .: �� cl _ ja f ® Legend Subject Parcel P G � tU 4 t0 egG Q 4 2 N � Kodiak Island Borough GIS System W y 4 P 0 220 440 880 1,320 1,760 f Feet S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a properly within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 11 -025 Introduction Page 1 of 6 S 0 o �, .4‘ Public Hearing Item 7 -E P &Z May 18, 2011 N t,t,t Kodiak Island Borough Zoning Map µ,. . or E Community Development Department @tigrakg Zoning Request: Review onam l disposal ftp L0240 Block 90 P b E Case Q 9n-025 pag ° a Lions Subdivision (former residential teacher housing owned WOG KIB), iii 'ai�)n TWO longer required 42(118a n Kodiak Island Borough Kodiak Island Borough School District F<) u"i ulna Agent: Robt. Seholze longerdibenefitU(1gpublic. .Se e .O o a 2os 41a 820 t. t t t t I r t 1 Fee a� A S , ry ® � ® ®® nz am SS. ' to, 111**/ I 4,10 � �0 Ba 41111P 4 NE 4 0 Il k * * ' 4. ' e4411fr 41111 SVE. i p TRACT D 1 Subject Parcel j G 0 \ I Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential I 1 Light Industrial �a Watershed I I Rural Residential 2 I I Business F I Rural Neighborhood Commercial Conservation I Single Family Residential I I Retail Business Urban Neighborhood Commercial I Rural Residential I Two Family Residential I I Industrial Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Case No. 11 -025 Introduction Page 3 of 6 +0 0 ei O 0 0 �`o o� Public Hearing Item 7 -E P &Z May 18, 2011 Image Overlay Request: Review CQI a disposal f ::1101 4 Block ilia p b g Case ID 99 -025 Pcot Lions Subdivision (former residential teacher housing Kodiak Island Borough h owned 470119 K1IB) Bolo longer required CM(n g Kodiak Island Borough School District aiClii'Di .�`ln MD Agent: Robt Seholze longer CO benefit OD(Ikp public . in � x }: i Wi , v! - l u : F 3 ' v 4t a : LL '3hr.. 'Y-r ., 4 � f ' a A1.4 f ry } >, 9 v � writ A �` `�' a` r '"�„'2". x 9 C �p{ � `'' -if 4 dr 8 V ,i♦'- ti. .L _el?: : 7 aN , pp,� p - .W ' J ] v -N. 1 w i i 1 L Y�' .. 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N ,. a � '= s p i �.2, ,.. i . i > s. +f _ 7¢ 1 O. I � • ti ; ma x ?Avg,' . Legend 1 .� 0 /O . ` ` �5. s�jR 7 Subject Parcel .a ujecarce �a � R �S .4 if i '} X{,. �3'�:. ,. ,taf,. "a � Kodiak Island Borough GIS System W . � . � - 0 45 90 180 270 360 / I' ,. 'Feet S This map was prepared from the Kodiak Island Borough's GIS System. II is provided for the purpose of showing the general locator, of a properly within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be a b contacting the Kodiak Island Borough IT Department al (90]) 486 -9333 Case No. 11 -025 Introduction Page 5 of 6 o„ 0 0 Public Hearing Item 7 -E P &Z May 18, 2011 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 i Applicant Information Property Information kpOIr1lc 15Lig-op RlMmb,I 2ZI Propert DyJ �lupi r/ Property owner's name +�fJ f 7/0 MIL.. B , i - y RD - /..DI 9 , gOCK f a , Peer V O W D- Properly owner's mailing address Legal Description ,' «v'D, -K 0g_ Q917 1s"— Current Zoning: SEL t R I r /� ( / City State Zip Applicable Compre ensive Plan: fm'TLrGrll (uw'b0o I gel-0113aq �: ' ?CAC-Coat I n I 2 \ Horne phone Work Phone E -mail Addr. Present Use of Prope :KD Si t a.f (& t..lc ;: A ? y • iii A. Agent's name (If applicable) A �2 ' 96711 C) Agent's mailing address be t< Proposed Use of Property: [R,P { t j i s P Ciro, 5 ) • City State Zip l rc /i c a V07 ✓ - Home phone Work Phone E -mail Addr. (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. X Additional Narrative /History _ As -built Survey Photographs ' - Maps Other ii Property Owner's-.ture Date A prized Agent' Signature di Date 'A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an Informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY PAYmpAT pp6&�9YY R�'A TION ) '. Code Section(s) Involved: 17 7 -P , 0 3 v INNII _ e 4444��� k \ APR.01 Variance (KIBC 17.66.020) $250.00 live .Srh:nfily, Conditional Use Permit (KIBC 17.67.020.6) $250.00 ''KOdfpktsl8lidaprou Other (appearance requests, site plan review, etc.) $150.00 r.. .,e + ++ Zoning change from a to ; , (KIBC 17.72.030 and 030.C)• Finance departm J S- 4-0- 064 r. / .: ih i I. ivr t* +.IA1 Application received by: �� :f n ' ° ' 0 • , n'. 1 .4%:),•:!.. ,i. ;Olt .p 1 Vr Staff signature / r Case No. 11 -025 Application Page 1 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 if X 7 5 � , Kodiak Island ; orough �p, j / , i t s / Resource Management 4T' eilt e'� .10 Mill Bay Road i d. y Kodiak, Alaska 99615 ' A Phone (907) 486-9351 Fax (907) 486 -9395 -- �' - E -mail: rscholze@ kodiakak.us To : Planning and Zoning Commission /] From : Bob Scholze, Resource Management Officer' Date : April I, 2011 Re : Land Disposal Review (Lot 4, Bk. 10, Port Lions Subdivision) KIBC Code Section 18.20.030.A requires that disposal of Borough land be revciwed by the Planning and Zoning Commission before submittal to the Assembly with the Commission making a recommendation to the Assembly regarding properties proposed for disposal. Lot 4, Block 10, Port Lions Subdividsion is zoned RI Single - family Residential. The house on this property, which has been in KIB ownership since 1988, served for a number of years as the teacherage for the Port Lions School. That use was discontinued approximately five years ago when the School District found alternative teacher housing, and the house has been unoccupied since. During that time it has experienced neglect and substantial deterioration with evidence of black mold, fungus, dry rot and other unspecified conditions. It is now not habitable and should be demolished. Prior to demolotion, an enviommental assessment needs to be conducted for hazardous materials, and, to this end, a site visit for sampling has been scheduled later this month. Once cleaned, the vacant property could be made available for disposal at the next Borough land sale as surplus to a public need. Case No. 11 -025 Application Page 2 of 4 Kodiak Island Borough Journal Post Listing Journal Reclassification Department Number Type Sub Ledger C/L Date Description Source Reference Journal Type 120 - Finance 2011- 00002104 JE GL 04/01/2011 LAND DISPOSAL REVIEW PERMIT per Title 18 0/L Date G/L Account Number Account Description Description Source Debit Amount Credit Amount 04/01/2011 100101.100 Cash In Bank-Wells Fargo LAND DISPOSAL REVIEW PERMIT per 350.00 Tine 18 04/01/2011 100. 000322250 Site Plan Review LAND DISPOSAL REVIEW PERMIT per 350.00 Title 18 n Number of Entries: 2 5350.00 $350.00 1)3 N 0 z O 1 1 . 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J • N r ,,��44 ,s Y•., 1 j„,..7, I A u5S Y ( y'e ♦ r r : '+l lf �t w : c j yl n — J /7 /1 _ ..�>.. x USSrn \\ n Public Hearing Item 7 -E P &Z May 18, 2011 Current Location 205 Spruce Drive Request a review of land disposal for Lot 4, Block 10, Port Lions Port Lions Subdivision (former residential teacher P & Z Case 11 -025 housing owned by the KIB), which is no longer required Kodiak Island Borough/ by the Kodiak Island Borough School District and Bob Scholze, Resource which is no longer of benefit to the public Management Officer Virill ®.iii aos . , °6z lim � 4 • ® p � ^O e P� a 1 9 ^O z - TO A ^ al? my 1 o el, 1, 308 3068 306A 306 ��� 0 DRIV y ^E ® ®A NILISIDE r �� co a°� ory1 , 3� 111 A Mill 0 206 , . y °p ® ®� ® DRfV , lb 4 • SPRUC zo6 x 4 4 N � Uit alga F t e ' , 106 t t DRIVE m ® 103 NV ■ CG G, , , I Kodiak Island Borough GIS Legend N Subject Parcel W NOI E o 187.5 F eet ' s 375 750 Notification t t t I t t t I S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 11 -025 Public Comment Page 1 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 April 5, 2011 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 18, 2011. The meeting will begin at 6:30 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: 11 -025 APPLICANT: Kodiak Island Borough AGENT: Robert Scholze, Resource Management Officer REQUEST: Review of land disposal for Lot 4, Block 10, Port Lions Subdivision (former residential teacher housing owned by the KIB), which is no longer required by the Kodiak Island Borough School District and which is no longer of benefit to the public. LOCATION: Lot 4, Block 10, Port Lions Subdivision ZONING: R1- Single- family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, Maya, 2011 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith(a�kodiakak.us. 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. One week prior to the regular meeting, on Wednesday, May 1 I, 2011, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 11 -025 Public Comment Page 2 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 KEVIN ADKINS MICHAEL ANDERSON ROBERTA BARTLESON PO BOX 50 P 0 BOX 2310 PO BOX 21 PORT LIONS, AK 99550 KODIAK, AK 99615 PORT LIONS, AK 99550 NIARVIN BARTLESON MARIA BARTLESON WILLIAM BIEHL PO BOX 71 PO BOX 71 PO BOX 36 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 SUSAN BOSKOFSKY CITY OF PORT LIONS STACEY FRANCES PO BOX 103 PO BOX 110 PO BOX 65 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 LARRY GUNDERSON REGINALD GUNDERSON EDWARD HARRISON ETAL PO BOX 187 211 SPRUCE DR PO BOX 2426 PALMER, AK 99645 PORT LIONS, AK 99550 SOLDOTNA, AK 99669-2426 JAMES JACOBSON GERALD KENNEDY BRIAN KEWAN P.O. BOX 1313 PO BOX 188 12910 SILVER SPRUCE DR KODIAK, AK 99615 PIPESTONE, MN 56164 ANCHORAGE, AK 99516 HAROLD KEWAN RODNEY KNAGIN KODIAK ISLAND BOROUGH PO BOX 94 PO BOX 46 710 MILL BAY RD PORT LIONS, AK 99550 PORT LIONS, AK 99550 KODIAK, AK 99615 MITCH KRMPOTIC ROBERT MAY HARRY NELSON PO BOX 8566 PO BOX 32 P.O. BOX 87 KODIAK, AK 99615 PORT LIONS, AK 99550 PORT LIONS, AK 99550 NICHOLAS NELSON NICK NELSON HARRY L NELSON P 0 BOX 74 P O BOX 74 PO BOX 87 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 CANDACE NELSON JOHN NELSON MARGARET NELSON P 0 BOX 77 P 0 BOX 117 59806 WINDING TRAILS LN PORT LIONS, AK 99550 PORT LIONS, AK 99550 HOMER, AK 99603 JOHN NELSON JOAN ORLOFF HENRY ORTH P.O. BOX 64 2440 E. TUDOR RD. PMB 272 3462 N. PARADISE LN. PORT LIONS, AK 99550 ANCHORAGE, AK 99507 WASILLA, AK 99687 t I -Oz5 Case No. 11 -025 Public Comment Page 3 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 JOHN PESTRIKOFF RUSSIAN ORTHODOX CHURCH SERGAY SHERATINE P.O. BOX 215 PO BOX 210569 P.O. BOX 14 PORT LIONS, AK 99550 ANCHORAGE, AK 99521 PORT LIONS, AK 99550 MELVIN SQUARTSOFF FRED SQUARTSOFF PETER SQUARTSOFF P O BOX 70 PO BOX 8886 P.O. BOX 163 PORT LIONS, AK 99550 KODIAK, AK 99615 PORT LIONS, AK 99550 JAMES STEGALL PAMELA SULLIVAN- SUMISTAD JACOB VON SCHEELE 3801 FURROW RD PO BOX 2 P 0130X 54 ANCHORAGE, AK 99516 PORT LIONS, AK 99550 PORT LIONS, AK 99550 Case No. 11 -025 Public Comment Page 4 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 MEMORANDUM DATE: May 6, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 18, 2011 Regular Meeting CASE: 11 -025 APPLICANT: Kodiak Island Borough AGENT: Robert Scholze REQUEST: Review of land disposal for Lot 4 Block 10 Port Lions Subdivision (former residential teacher housing owned by the Kodiak Island Borough), which is no longer required by the Kodiak Island Borough School District, and which is no longer of benefit to the public. LOCATION: 205 Spruce Drive ZONING: R -1 Single Family Residential Zoning Thirty -nine (39) public hearing notices were distributed on April 5, 2011. Date of site visit: 1. Zoning History: The 1968 Comprehensive Plan did not reference this area. Ordinance 77 -15 -0 zoned all previously unclassified properties as C — Conservation. Ordinance 82 -41 -0 rezoned this property to R -1 Single Family Residential Zoning, in accordance with the adopted 1982 Port Lions Comprehensive Development Plan. 2. Location: Physical: 205 Spruce Drive Legal: Port Lions Block 10 Lot 4 3. Lot Size: 14,484 square feet 4. Existing Land Use: No value Single Family Residence 5. Surrounding Land Use and Zoning: North: Port Lions Block 7 Lot 8 Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning North: Port Lions Block 8 Lot 5 Use: Port Lions City Hall Zoning: PL- Public Use Zoning South: Port Lions Block 10 Lot 8 Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning Case No. 11 -025 Staff Rpt Page 1 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 East: Port Lions Block 10 Lot 5 Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning West: Port Lions Block 10 Lot 2A Use: 1ST Zoning: PL- Public Use Zoning 6. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update depicts this area as Residential. 7. Applicable Regulations: The following sections of Title 18 (Borough Real Property) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: Kodiak Island Borough Title 18 (Borough Real Property) 18.20.010 Application of chapter and title to real property disposal. A. Except as this title provides otherwise, this chapter governs all disposal of borough land. B. No contract, lease or conveyance pertaining to the disposal of real property by the borough may be enforced against the borough unless the contract, lease or conveyance was awarded, approved and executed in accordance with this title. C. This section shall not be construed to invalidate any contract, or any legal or equitable interest in real property, existing prior to its enactment. 18.20.020 Disposal authority. Except where this title or another provision of law establishes a specific mandatory procedure for disposing of borough land, the borough may dispose of borough land in any manner not prohibited by law. 18.20.030 Review by planning commission — Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. Coastal Management Applicable Policies 4.4 Enforceable Policies Staff has not identified any enforceable policies of the adopted coastal management plan applicable or relevant to this request. Case No. 11 -025 Staff Rpt Page 2 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 STAFF COMMENTS This request is before the Commission pursuant to KIBC18.20.030, which requires Planning & Zoning Commission review prior to a disposal of Borough lands. Formerly maintained as a resident for teachers in the Village of Port Lions, the tenant (Kodiak Island School District) abandoned the use due to maintenance issues, and the property has fallen further into disrepair since that time'. Normally, all that would be required of the Commission would be a resolution concurring with the Borough's (owner) assessment of excess need. In this case however, staff is aware that at least one organization, eligible as a recipient as indentified in KIBC 18.20.100 B (see paragraph below), is interested in acquiring the property 18.20.100 Disposal for fair market value. A. Except as otherwise provided by this title or another provision of law, all disposal of borough land shall be for the fair market value of the interest disposed of. The borough may accept in exchange for borough land any consideration of sufficient value not prohibited by law. B. The borough may dispose of borough land to the United States, the state of Alaska, or any political subdivision thereof, or a nonprofit corporation or association, for less than the fair market value of the interest disposed of, upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough. It may do so by direct negotiation with the organization acquiring the land, without conforming to KIBC 18.20.120 through 18.20.155, unless otherwise directed by the assembly. The proposed disposal is located across the street from the Village of Port Lion's civic center. The Village of Port Lions has not made a formal request to staff. Any intended use of the property would be speculative at this time. Regardless of intent and speculative use, the decision to proceed with a disposal directly to the Village of Port Lions is the prerogative of the Kodiak Island Borough Assembly. The Commission's role in reviewing land disposal actions is to confirm if the disposal is in the interest of the Borough. If the Commission wishes to identify the possibility of a disposal to the Village of Port Lions, one manner of doing so would be to attach a recommendation to the resolution proposed for adoption. 1 See Application Page 2 of 4 2 See Appendix Page 1 of 3 Case No. 11 -025 Staff Rpt Page 3 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 RECOMMENDATION Staff believes that the applicant has correctly characterized this property as no longer of benefit to the Borough and is surplus to any Borough need. Staff recommends forwarding this request for disposal of Borough lands to the Borough Assembly with a positive recommendation. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning & Zoning Commission Resolution No. FY 2011- 02 and to adopt the findings in that staff report dated May 8, 2011, as "Findings of Fact" for Case 11 -025. FINDINGS OF FACT [1] The Commission has reviewed the subject property's current physical condition. [2] The Commission finds that the subject property's physical deterioration represents a detriment to the immediate environs and a public safety risk. [3] The Commission finds that the subject property's physical deterioration would require uneconomic expenditures in order to rehabilitate the property. [4] The Commission has reviewed the subject property's potential for future Borough use and finds the property no longer of benefit to the Borough, and, surplus to the Borough's need. 3 See Appendix Page 3 of 3 Case No. 11 -025 Staff Rpt Page 4 of 4 Public Hearing Item 7 -E P &Z May 18, 2011 Martin Lydick From: Robert Scholze Sent: Wednesday, April 20, 2011 5:45 PM To: cityofportlions @hotmail.com Cc: Rick Gifford; Bud Cassidy; smcdonald01 @kodiakschools.org; Martin Lydick Subject: Lot 4, Bk. 10, Port Lions Subdivision -- Disposal Attn: Howard Davis, Interim City Administrator City of Port Lions This responds to your inquiry April 14`" regarding the review of land disposal (Case # 11 -025) scheduled for public hearing on the Planning and Zoning Commission's May agenda. The house on the property referenced above, which has been in KIB ownership since 1988, served for a number of years as the teacherage for the Port Lions School. That use was discontinued approximately 5 years ago when the School District found alternative teacher housing, and the house has been unoccupied since. During that time it has experience deferred maintenance, neglect and substantial deterioration, and likely now is not habitable. Kodiak Island Borough Code (KIBC) section 18.20.100.B allows the Borough to dispose of land to a political subdivision of the State of Alaska for less than fair market value upon a finding by the Assembly that the disposal will allow the use of the land for a public purpose beneficial to the Borough. If the City of Port Lions is interested in acquisition of this property for less than fair market value, that would be initiated by a letter of interest to that effect stating a public purpose that applies. This disposal review according to KIBC 18.20.030 should to continue regardless with a recommendation by the Commission to the Assembly, followed by Assembly approval by resolution stating conditions upon which the disposal will be offered. If no public purpose has been identified and the property determined to be surplus to a public need, disposal would then be to high bidder at a Borough land sale. If you have other questions, please let me know. Bob Scholze, Resource Management Officer Kodiak Island Borough 907486 -9304 1 Case No. 11 -025 Appendix Page 1 of 3 1 \ 2 : C k\‘ Public Hearing Item 7 -E P &Z May 18, 2011 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2011 -02 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF PORT LIONS SUBDIVISION BLOCK 10 LOT 4 FOR FAIR MARKET VALUE. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.30 requires each disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal by resolution before the case can be forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to approve the recommendation of the Community Development Department that the land described is considered to be surplus to the Borough' need; and, WHEREAS, the Planning & Zoning Commission held a public hearing on May 18, 2011 to consider the land disposal. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, approves the Community Development Department recommendation, that Port Lions Subdivision Block 10 Lot 4 is surplus to the public's need. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends that the Kodiak Island Borough Assembly approve for disposal the property identified as Port Lions Subdivision Block 10 Lot 4. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS DAY OF , 2011 PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST Sheila Smith, Secretary Case No. 11 -025 Appendix Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2011 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2012 -03 Rezoning Proposed Tracts A, B, and C, Ouzinkie Harbor Subdivision, From R1- Single - Family Residential To I — Industrial (City Of Ouzinkie and Ouzinkie Native Corporation). SUMMARY: The City of Ouzinkie requested a replat of three waterfront upland and tideland parcels in order to facilitate the replacement of the existing wood pile dock with a new sheet pile dock that would expand the upland area available for waterfront uses. In the process of reviewing the preliminary plat in Case S11 -009, it was recommended that a rezone be initiated to accommodate the redevelopment of new waterfront and industrial uses as the existing zoning for this area is currently R1- Single- family Residential. The Planning and Zoning Commission initiated this rezone investigation on their own motion, as a courtesy to the City of Ouzinkie in response to a written request from the mayor of Ouzinkie. After reviewing the applicable borough plans and holding a required public hearing on this request, the commission found the request is consistent with borough and community plans that are applicable to this area. Although there is a designation for "mixed use" in the plan, the current I- Industrial zone appears to be the best alternative for accommodating the planned waterfront uses and activities. The improvements to the dock facility are being carried out during this construction season so that an expeditious review of this request would help to ensure the zoning is correct for the area before new upland and tideland uses are established once the harbor expansion project in concluded. An effective clause is also recommended by the commission in order to ensure the application of the new industrial zoning coincides with the filing of the final plat for Tracts A, B and C, Ouzinkie Harbor Subdivision. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA s n d __ / RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -03 in first reading to advance to public hearing at the next regular meeting of the Assembly. Introduced by: Borough Manager Requested by: Community Development 1 Department 2 Drafted by: CDD Director Introduced: 07/07/2011 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2012 -03 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 REZONING PROPOSED TRACTS A, B, AND C, OUZINKIE HARBOR SUBDIVISION, 11 FROM R1- SINGLE - FAMILY RESIDENTIAL TO I — INDUSTRIAL 12 (CITY OF OUZINKIE AND OUZINKIE NATIVE CORPORATION) 13 14 WHEREAS, the City of Ouzinkie is in the process now of redeveloping their waterfront 15 dock area by removing the existing wood pile dock and replacing it with a new sheet pile 16 and backfill dock; and 17 18 WHEREAS, this new dock will greatly increase the potential for waterfront industry by 19 providing new and area upon which permanent industrial uses and activities can be 20 established; and 21 22 WHEREAS, during the related plat review in Case S11 -009, staff noted that the existing 23 R1- Single- Family Residential zoning was not appropriate for the development of new 24 industrial waterfront development; and 25 26 WHEREAS, the Planning and Zoning Commission initiated this rezone investigation at the 27 request of the mayor of Ouzinkie; and 28 29 WHEREAS, the Planning and Zoning Commission held a properly noticed public hearing 30 on this request at the June 15, 2011 regular meeting and is recommending that the 31 Assembly approve the request to rezone the three (3) parcels from R1- Single- family 32 Residential to I- Industrial; and 33 34 WHEREAS, this request was found by the Planning and Zoning Commission to be 35 consistent with the borough's comprehensive plan; and 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH THAT: 39 40 Section 1: This ordinance is not of a general and permanent nature and shall not 41 become a part of the Kodiak Island Borough Code of Ordinances; 42 43 Section 2: Tracts A, B, and C, Ouzinkie Harbor Subdivision are hereby rezoned from 44 R1- Single- family Residential to I- Industrial, to become effective upon the filing 45 of a final plat as approved in preliminary form under Case S11 -009 for 46 Ouzinkie Harbor Subdivision. 47 Kodiak Island Borough Ordinance No. FY2012 -03 Page 1 of 2 48 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 49 are hereby confirmed as follows: 50 51 17.205.020 A. Findings as to the Need and Justification for a Change or 52 Amendment. 53 54 The land owners, City of Ouzinkie and the Ouzinkie Native Corporation, need this 55 rezone in order to redevelop the Ouzinkie water front dock area and related 56 tidelands. The site has historically been used for all manner of commercial and 57 water front industrial uses for many years. The structures and activities in this area 58 have until now been nonconforming and this requested change of zoning will provide 59 for the further redevelopment of new waterfront industrial structures and activities 60 that will meet the needs of and benefit the Ouzinkie community. 61 62 17.205.020 B. Findings as to the Effect a Change or Amendment would have 63 on the Objectives of the Comprehensive Plan. 64 The Comprehensive Plan mentions the need and desire for economic diversity and 65 economic opportunity in the community. The comprehensive plan designates this 66 area for Mixed Use /Commercial/Waterfront /Residential. At the time the borough 67 does not have a "Mixed Use" zone so it is necessary to zone for the most intensive 68 uses and most appropriate uses that the site might be required to provide for. At the 69 present time this is the I- Industrial zone. The plan also speaks to the need to 70 maintain good two -way communication between the Kodiak Island Borough and the 71 City of Ouzinkie. This need also applies to the related native corporations and tribal 72 councils serving the community as well. The rezone will eliminate certain zoning 73 nonconformities that have pre- existed on the rezone site for many years and will 74 encourage the kind of re- development that is consistent with both past use and 75 planned future development. 76 77 17.205.020.C. Recommendations as to the approval or disapproval of the 78 change or amendment. 79 80 The commission recommends to the Borough Assembly approval of said rezoning of 81 this parcel subject to an effective clause making the rezone become effective upon 82 the filing of a final plat as approved in preliminary form under Case S11 -009. 83 84 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 85 THIS DAY OF 2011 86 87 KODIAK ISLAND BOROUGH 88 89 90 91 ATTEST: Jerome M. Selby, Borough Mayor 92 93 94 95 96 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -03 Page 2 of 2 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health. safety and welfare. No material damages or prejudice to other properties in the vicinity or detriment to public health, safety and welfare will result from installation of the tower. 17.66.050A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to objectives of the Comprehensive Plan as business /service use is permitted in this zoning district. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. No action of the applicant caused special conditions or financial hardship necessitating the variance. 17.66.050A.6. That the ,arantina of the variance will not permit a prohibited land use in the district involved. Granting of the variance will not permit a prohibited land use as retail service activities are permitted in the B- Business zoning district, and, in fact, are specifically encouraged by description and intent of that zoning district. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSL D) Case 11 -026. Request a rezone according to KIBC 17.205.030 (B) (Manner of Initiation), to investigate the rezone of Tracts A, B, and C, Ouzinkie Harbor Subdivision from R1 - Single Family Residential to I- Industrial to allow harbor and dock activities and expansion. The location is Ouzinkie and the zoning is R1- Single Family Residential. Dvorak gave a report stating this case was initiated by the Planning & Zoning Commission at the request of the mayor of Ouzinkie. Thirty seven public hearing notices were sent out with one returned requesting additional information. Staff recommends approval of this request. CHAIR TORRES MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of proposed Tracts A, B, and C, Ouzinkie Harbor Subdivision from R1 - Single Family Residential to I- Industrial to allow harbor expansion and to link this approval to the filing of a revised plat as an effective clause to ensure the rezone is forever linked with the Ouzinkie harbor redevelopment project, subject to the findings contained in the staff report dated May 24, 2011 as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony. Brief discussion FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Iustification for a Change or Amendment. The land owners, City of Ouzinkie and the Ouzinkie Native Corporation, need this rezone in order to redevelop the Ouzinkie water front dock area and related tidelands. The site has historically been used for all manner of commercial and water front industrial uses for many years. The structures and activities in this area have until now been nonconforming and this requested change of zoning will provide for the further redevelopment of new waterfront industrial structures and activities that will meet the needs of and benefit the Ouzinkie community. 17. 2.020 B. Findin .s as to the Effect a Chan • e or Amendment would have on the Ob'ectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. The comprehensive plan designates this area for Mixed Use / Commercial /Waterfront /Residential. At the time the borough does not have a "Mixed Use" zone so it is necessary to zone for the most intensive uses and most appropriate uses that the site might be required to provide for. At the present time this is the I- industrial zone. The plan also speaks to the need to maintain good two -way communication between the Kodiak Island Borough and the City of Ouzinkie. This need also applies to the related native corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning nonconformities that have pre- existed on the rezone site for many years and will encourage the kind of re- development that is consistent with both past use and planned future development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E) Case 11 -027. Request a rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. The applicant is Jay Johnston. The location is 22077 Chiniak Hwy, Middle Bay and the zoning is RR1 -Rural Residential One; and, F) (Case 11 -028) A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation to RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 - Rural Residential Two zoned lot. The applicant is Leisnoi, Inc. and the agent is Carole Pagano. The location is a portion of Section 28, T29S R20W, Seward Meridian and the zoning is C- Conservation. Dvorak reported 5 public hearing notices were sent out for Case 11 -027 and 7 public hearing notices were sent out for Case 11 -028. No comments were received prior to tonight's public hearing. The applications for these cases were submitted separately and each parcel is currently zoned in a different classification even though they are both being requested to be rezoned to the RR2 zoning district. This request is related to a preliminary plat that was approved several months ago. You've already reviewed 1 rezone case on this and there is a condition of approval. When staff reviewed the subdivision we observed there was a need to take these 2 parcels in different zoning districts and make sure they end up in 1 district. The old Rendezvous site has been residential since 1993 and at that time it was rezoned from Business to RR1 in order to facilitate the redevelopment of the site as single family residential. The last request was to extend the RR1 zoning to the additional 1.14 acre parcel along the road frontage that they were looking to acquire and thereby making both lots the same zoning district which was denied. Staff feels RR2 zoning is the best fit and moves toward conformity with the Conservation designation in the plan. There isn't an opportunity to create a conforming lot out of these 2 lots in the Conservation zone. Staff recommends approval the RR2 zone and forward to the Assembly with a recommendation for approval. In response to COMMISSIONER SCHMITT'S inquiry of the parcel owned by Leisnoi, is it on the tax roll now, Dvorak stated typically ANCSA lands are not on the tax roll until they are developed. COMMISSIONER WATKINS MOVED to recommend a rezone from RR1 -Rural Residential One IQ RR2 -Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to * - Kodiak Island ®rough ISr P * "1.7 / "" Community Development Department j!�� 710 Mill Bay Road . .4,1 1 4 1 Crtii 5t Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us June 16, 2011 City of Ouzinkie PO Box 109 Ouzinkie, AK 99644 Re: Case 11 -026. Request a rezone investigation, according to KIBC 17.205.030 (B) (Manner of Initiation), to investigate the rezone of Tracts A, B, and C, Ouzinkie Harbor Subdivision from R1 - Single Family Residential to I- Industrial to allow harbor and dock activities and expansion. Dear Mayor Clarion: The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 15, 2011 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: 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 assemlby shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, 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. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The land owners, City of Ouzinkie and the Ouzinkie Native Corporation, need this rezone in order to redevelop the Ouzinkie water front dock area and related tidelands. The site has historically been used for all manner of commercial and water front industrial uses for many years. The structures and activities in this area have until now been nonconforming and this requested change of zoning will provide for the further redevelopment of new waterfront industrial structures and activities that will meet the needs of and benefit the Ouzinkie community. 17.72.02013. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. The comprehensive plan designates this area for Mixed Use / Comme rciaUWaterfront /Residential. At the time the borough does not have a "Mixed Use" zone so it is necessary to zone for the most intensive uses and most appropriate uses that the site might be required to provide for. At the present time this is the I- Industrial zone. The plan also speaks to the need to maintain good two -way communication between the Kodiak Island Borough and the City of Ouzinkie. This need also applies to the related native corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning nonconformities that have pre- existed on the rezone site for many years and will encourage the kind of re- development that is consistent with both past use and planned future development. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486 -9363. Sincerely, ©flea ern Sheila Smith Secretary CC: Nova Javier, Borough Clerk Public Hearing Item 7 -D Image Overlay RequestQrezone aesording KIBC'W2@5.@3@ (Manner�Q p(3BC o�99 o2s Initiation), ft investigate rezoneciTractsaD q'e®uzinkie Applicant: Kodiak Island Borough Harbor Subdivision � uu Single b& Industrial Agent: CjCQOuzinkie ft all R esidential l harbor 91iI@ activities gal expansion. O t 1 v r P 'b .iqN M r • L 1J .✓ [R s � k l di ►At t 9 y 1 �- t 16' % re . " i - . Y x'' c,�� "+fn i `• 4. ' a# y .,..% y + t -era* t kd :0. ' . / tr. . , 1 < �c i4' • s ki ` a " -Ti./ ' ' 1 ' ar ®,; " a4 x • v t r' „ ` -e. y � L r Q � , + [ � , p ,q. t° • r L . . . � t � 4 r � a V r d r" L s3 "rv � . " ' + t � ti d � ,!- . t4. • r' r r' varvr v. - . '‘,4):',1:«; 4 r -{, t � , r 2' owl c rt a ° x•v 4 " � • F -' � , , ..�' � - '' { i.-,,t ' t :Atti F ;� ( ( � 7 / [ ' ' »} to- 'L' r> �k4t er >.S ' . 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More information about the mapping data can be obtained by contacting the Kodiak Islantl Borough IT Department at (907) 466 -9333. tntr000ctlon -1-age 1 07 b Public Hearing Item 7 -D 10 0 y' pO ° I- 0 ,l fi L fl u rr 0 ��� O O � r L (Th t D a n t D Introduction - Page 2 of 6 Public Hearing Item 7 -D @mime Location Request: Ar ezone according Qo pQB Base f399 -026 q g 0 9%7.ts 0,®uzin Initiation), Q) investigate Dawned Tracts [� aid C, Ouzinkie Applicant: Kodiak Island Borough Harbor Subdivision fir IMO - Single Family Residential to. Industrial Agent: (4119 CQOuzinkie beam harbor adC activities aid expansion. USS 4871 TR ACT 10F TRACT C s FE�t ® ®® o$ ® ® ® � ® 9G USS 4871 BLOCK i ®� ` ® ®��� f� 56� ® ® ® ®® ®�® y �Q% . ®�® Oe® ° ®® ® ® e ®�. ® ® * v ® ,�e'� o ® ." U' �® ®0' � y W ®e SS 38: ms ®d 'J ��® ® ® ' ® 0 ®® RAM \ 4043e7t4r itt 3 , e ASA. dike \Id% Ap 7 1 \t 4 a... USS 3169 -> 1 USS 1702 .4 -- - Kodiak Island Borough GIS System ° . S W it `F f. F —. • • 0 265 530 1.060 1,590 2,120 �'� 1 Feet S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 3 of 6 Public Hearing (tern 7 -D r_ -_h 1 I r; [ rlin"--0 r ir -rr \ r - ii, , \ I_ L _1 ii 1_ ! , eft !o p i Introduction - Page 4 of 6 Public Hearing Item 7 -D - ti e Kodiak Island Borough Zoning Map W , F Community Development Department ►y. amic Zoning Request: A rezone according op CffIg V.205.030 WIMP ce PaC3t x091 -026 Initiation),Qp investigate (InhGC CQTracts Applicant: Kodiak Island Borough Harbor Subdivision { iu"p(Q] - Single Family Residential(lj• 16 industrial Agent: @ova Ouzinkie m - • ^ harbor e • • activities del expansion. Qv 1a '' 6A V 8 43 ode 0 190 380 760 53 5B ®7 1 i i • I r r r I lb; J .n Feet O p• O e. 35 , t 1 '' Itlar 5 5 ' b y 1 6 *II 0 s s p.., US S 38 0 IN. .. 4 o � 470 - t ' 0 � " e�` z® 60 -g. ® d o , t I S 5 s tr , -. THE � k � c. 1 #, 4 0 g 4. '`‘‘‘ s . A 1 vlitat - .,t; c:.' 04.' •u Ortkr 3 e n o 4 0 • fi ti y.�a� 'p'2 # 5t o ST © . ®`O 0 9 G am• FFT i tr% . 4 .,..0 ‚ 4 ' . .S 3169 • \--- Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential ® Light Industrial �� Watershed _ Rural Residential 2 E Business I I Rural Neighborhood Commercial Conservation Single Family Residential _ Retail Business II - Urban Neighborhood Commercial I Rural Residential Two Family Residential I 1 Industrial Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property a thin the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak island Borough IT Department at (907) 486 -9333. Introduction - Page 5 of 6 Public Hearing Item 7 -D r- j -1 , / L� r -- �r- _ L l �I�� 1 � � e �J rh ( L. n 1 , }, rmi, i , , i 1 L i u r _ y L 8 ,- - - - r t 1--- L_ C i k Introduction - Page 6 of 6 Public Hearing Item 7 -D KODIAK ISLAND BOR - COMMUNITY DEVELOP DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486-9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us C ., Applicant Information Property Information C L . erE Q VMk fQi/t /1 5 Property ID Number /s Prope y owner's name cOrPs ('p as.. 44 4 terO ity a a 0 . r.. , r 6 4-` _ Property owner's mailing addr Legal Description G J � t 4-f1.Qy� o� fy-(1�' d I � 201 Current Zoning: c i Z. City State 1( Zip Applicable Comprehensive Plan: _ e a 1 . k C �.,,- r, • n. Year of Plan adoption: I • i , 1 Home phone Work Phone E -mail Addr. Present Use of Property: 4 evv66,- mil' nn ,L,„1,44 Agent's name (If applicable) Agent's mailing address Proposed Use / o � f Prrop '&iuw,P 1.4—t -k-o City State Zip aCQL.L L" _f n Lo _ / ,// r is �^ C)VOOoCtne re-A.4 —, 4 '1•t'r.Vbd✓ �Zrr.. (J Home phone Work Phone E -mail Addr. (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. /k Additional NarrativeMistory As -built Survey _ Photographs _ Maps _ Other Property Owner's Sig re , j Date Authorized Agent's Signature Date 1 A development plan for one or more hots 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 ONLY PAYMENT nVE RIF Code Section(s) Involved: i/J&IPQIY VY Variance (KIBC 17.66.020) $250.00 'J'k•• <;ul, -:. Conditional Use Permit (KIBC 17.67.020.: - 250.00 ■per 1.111 Ac e:nb!y kv o:; Other (appearance re est site pla • iew, etc.) $150.00 .hQ Ifr. ,:-p95? X Zoning change from a to IV (KIBC 17.72.030 and 030.C)* \M:"° "t 6 Application received by: , 'r. r ` ?'U ftb Staff signature — I %.— \1- 0:6 1'' - - `C _ R .:`'d,.'fn _x . Application - Page 1 of 24 Public Hearing Item 7 -D T n D I J o0 I no rUSrL I t ,r o r 0 5 L0 r k ciLL o Application - Page 2 of 24 Public Hearing Item 7 -D April 21, 2011 Application: for Rezone of proposed Ouzinkie Harbor Subdivision, Tracts A, B & C. Initiated by KIB P &Z Commission motion on April 20, 2011 at the request of the Mayor of Ouzinkie, Dan Clarion. Purpose: To rezone the upland and tideland tracts comprising proposed Ouzinkie Harbor Subdivision, Tracts A, B & C, from R1- Single- family Residential to I- Industrial. The rezone is intended to allow current waterfront industry and the future expansion of such uses as opportunities are created by the Ouzinkie Harbor Dock Replacement Project. As identified in the preliminary plat review (Case 311 -009) the uplands and tidelands in this location were rezoned to R1- Single- family Residential as part of the areawide rezoning approved by the borough assembly in 1977. KIB Ordinance No. 77 -15 -0 rezoned all the land within the corporate boundaries of second class cities on Kodiak Island to R1- Single- family Residential. Since that time there has been very little subsequent rezone activity within the City of Ouzinkie to reflect the various uses that required to support the communities local economy. The rezone will be consistent with the 2008 KIB Comprehensive Plan Update and the 1984 Ouzinkie Comprehensive Development Plan. 1984 OCDP Page 56 — Future Enterprise desired by the community are primarily associated with waterside activities, including processing facilities and fleet support services and industries. To accommodate these expectations, additional upland acreage needs to be dedicated to industrial and commercial activities... ...Both the commercial and industrial needs of the community can be served by uplands in the Townsite by taking advantage of present or past processing facility sites and by allowing mixed commercial and residential uses in the core area of the Townsite. Such mixed uses have several advantages. Application - Page 3 of 24 Public Hearing Item 7 -D existing character of the community as much as possible, dictates the development of a combined use district in the core townsite district. For this reason, a combined use district of Commercial, Waterfront and Residential use has been adopted. The CWR District provides for setting aside of core acreage in the community for commercial and industrial development, but not to the exclusion of other waterfront and residential uses. As adopted by this plan, this CWR District encompasses those shoreside lots from the Ouzinkie Native Corporation dock and fuel tank farm east and south to a point below the shoreside location of the proposed breakwater project. Upland lots associated with this district reach Third Street to the north and to the east. Additional upland area is included immediately to the south and the west of the airstrip access road to the east of Third Street to all commercial development related to both the airstrip and to the dock and waterside. Additional information outlining the 1984 Goals and Objectives for the community are attached as well as the updated Goals and Objectives from the 2008 KIB Comprehensive Plan Update. Application - Page 4 of 24 Public Hearing Item 7 -D I_ —I h i__, s a 0 , �1 n t _ r - or aLy P [ _ _ CM ED D _ O n Application - Page 5 of 24 Public Hearing Item 7 -D FROM : CITY OF DUZ INK IE PHONE NO. : 907 680 2223 flpr. 20 2011 09:19tV1 P2 Public Hearing Item 7 -A S11 -009 KODIAK ISLAND BOROUGH COMMIJNITY DEVELOPMENT DEPARTMENT 710 Mill Day Road, Kodiak. Alaska 99615 March 9, 2011 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 20, 2011. The meeting will begin at 6:30 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: S11 -009 APPLICANT: City of Ouzinkie AGENT: PND Engineers Inc. REQUEST: Preliminary approval, according to KUBC 16.40, of the replat of Alaska Tideland Survey (ATS) 87, U.S. Survey 1974 and Lot 3, Block 12,. Survey 4871, creating Ouzinkie Harbor Subdivision, Tracts A, B and C. LOCATION: Ouzinkie Harbor, no property number assigned ZONING: RI- Single - family Residential (uplands only) • 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. Written .comments must be received by 5 nm. April 5. 2011 to he considered by the commission. If you would Like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmithialkodiakatus, If you would like to testify via telephone, please call in your comments during the appropriate public bearing section of the meeting. The local call -in telephone number iv 486 -3231. Qne week prior to the regular meeting, on Wednesday, April 13, 2011, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Confnviw 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- /' O Your Name: rz.a o`. C41.-:»4 Mailing Address: /-rte �d k / G7 D / / , Your property ddescription: l _/ i or L+x.n i'• < cemntnat �ti e d.;c :.s eel"' ,�- 7 P � rr. - ty tU lcP 4:11/14" Of q1 II/1/Arfr. Lf 1 • cilia __.. __— ._.L.....L_.._.:..... VI si(ve4 /Ssoe5 !✓P 4.-e Cur-(slily /d / vey/yh:rnivin 9`a 0 00urrIf4se fMPPi -M /nrvrn5o Orcf51 .yer-aw*91PV5. t z) . V he: ton /� fray e9 C j o/ (/u • Application - Page 6 of 24 Public Hearing Item 7 -D 1,,j irI) I_ _ Si j 0 Or ° it r 9 -3 8 ii,r, i 7 0 Pr-Thm a � J 0 eft o — of Application - Page 7 of 24 p.•.r•m re n.n¢ow NO vnnmN twos i / :S:1L".°, =" .. / / ATSN3 / _ war ra carov -.y __ • T RACT tn \ 1WL1 r UN[ m= ast w �r sm. AMIDonwgr T uss�7 MUM IIN I 4 Wiew • �_,; D - i•' f ,f � VIIIIV`: $4........... - ,* 04 - .../ I : I ` ` '. - — - -. -' ,, " - 1 wmw. era MAMA .uumu MD mwwmo. amem - II I i',q :' / J Vi I 9 73 " +- wY „2.. , .. Ili 0 0 - e*'#- 11/•l �' . • H � i ; 40 .%” / ;" - f j I 1 wffm _ \ " ;I • Ii i - � ° . g � i — - - 1,2: • m ' . .V\ • /IR NfMrll IQ a - " `` . -U SS {871r a pD r. a ;�, o•: mn 4 e n' uu ® asw: �.e�..... ., NNI \ •. .. ;„ F a-1 , -;', 1 ea • '3 • ;, U S S •.4511 � t �� ` C...7 . -0?'' �," At CURS CERTIFICATE worts OUZINKIE HARBOR SUBDI% j "F S MACS _ °w��s " .me ....a r `"°..e'Y�„'i°.1° � AVE Na n•�n .i .. 1�° n an r mo. m l m1 MO C .rar• IL= Kl n rri 1 011 i ll ° w 44.-ed'nitra ••°,°,, "f.,`.,i i i .......... m„ .„.. —,,.. • • ..n v im,. °u „ ° . � N 2 '0 ° ...n._ m a._ n ®.,sa u v. awn.oa wAtow ,�.....�w... I .r.•..•nr „.+., > v P m .a.... n�cr_.. .,m P s o 7 O Public Hearing Item 7 -D • S D DD nd!or0 _ _ n B I0 n k ,� Application - Page 9 of 24 Public Hearing Item 7 - Excerpt: KIB 2008 Comp Plan Update PoU000e s . fl pfi® sffRa oon Qoa000ine Many of the following goals, policies and implementation actions correspond to the issues identified above and /or were identified in the Ouzinkie Community Plan prepared through a community process that took place over several months. Land Use Policy • Provide flexibility in zoning to allow for lodges or cabins and home occupations, cemeteries and industrial areas. Parks and Recreation Goal: Support efforts to develop parks and recreation facilities. Implementation Actions * Assist the City in developing the empty space behind the school into a ball field. * Maintain facilities at the City park at Sourdough Flats. Transportation Goal: Improve access to Ouzinkic. Policy ♦ Improve roods. Implementation Actions * Increase roads inventory. * Resurface current roads. * Develop a community transportation facilities plan. * Build a new rock -filled sheet pile dock with necessary equipment that can accommodate the Alaska Marine Highway's Ocean -going ferries and commercial expeditors. * Build a new airstrip developed in accordance with existing project design. * Develop access to the Alaska Marine Highway. Kodiaklsland i (Chapte�'Eleven il.ANiLoral Communitici • BOROUGH --, 1;age49 - .- IJanary±20oe' Comprehensive PlanUpdata , ,f Application - Page 10 of 24 m 0 0 • et: U MS BA Y 4 3 4 . 2 %2 a n 1 IAA G �d� a t is a ® ®® �G/y VP N44P \ net ® ®,, s e�4 414stra ® O ., � \ stun runwayoQ. .�(fijt .� O �' O � � � resit a .rp�r$3d7residential ® � •, �a'.ether > S :1111riteb,c--,-"---\\ 4 O g ml ‘' 1 t p r # 1 % st ,<Ito ----- es 44 ,, c a $* ac � ' " ; �" O Ned soi tO N 15 c444 LL O It ®®®4®SV®®� o ' , — o r m - m - m Ul -- �r „ E / o or Kodiak Island Borough - Ouzinlde: Proposed Future Land Use 0 Mixed Use /Commercial/ x m n Conservation Q Waterfront/Residential Residential 1 , o ■ C m SE Industrial 0 Public Use /Religious BOROUGH -, n. W 3 ..;. w o Comprehensive Plan update �'^^' w ° -"°_'" Source: Kodiak Island Borough GIS, 2006 a RI L U Excerpt: 1984 Ouzinkie Comp Plan Public Hearing Item 7 -D 1 GOALS AND OBJECTIVES Introduction 1 The following goals and objectives represent the general desires of the local residents of Ouzinkie for their community in the areas of economy, transportation, housing, land use, recreation and environment. These goals and their associated objectives provide the framework for future community decisions on matters that affect the city, its infrastructure and its future. All the goals and objectives presented here subordinate themselves to the following primary community goal: Primary Goal 1 To upgrade the living environment in the community to allow the provision of a higher level of basic community services and infrastructure, such as housing, community — facilities and a strong economic base, without sacrificing the rural character and lifestyle of the community. 47 Application - Page 12 of 24 Public Hearing Item 7 -D k Economic Goal To establish a broader economic base for the • community, focused on expanded participation in the fishing industry with shore -based facilities, a strong local fleet and a service industry, which will provide sufficient waterborne and ahoreside jobs to ensure the stability and growth of the community. I Objective 1: Actively solicit marine oriented shore -based industries to include but not to be limited to fish processing, both traditional and new, and boat service and repair. Objective 2: Encourage the development of additional commercial services to be established within the community's commercial center to serve both local residents and the fishing fleets which navigate the waters. Objective 3: Provide the opportunity for location of fish processing industry facilities along the city's waterline. Objective 4: Encourage the development of local commercial services to support tourism. i — Objective 5: Develop and maintain an adequate infrastructure for local businesses and industry. 48 Application - Page 13 of 24 Public Hearing Item 7 -D Transportation Goal To improve the transportation system both within the village and to other parts of the Kodiak Island Borough to facilitate a freer flow of goods and people to, from and within the city. Objective 1: Upgrade and expand the boardwalk system within the city. Objective 2: Construct a breakwater facility in the harbor with associated mooring facilities for local and transient fishing vessels. Objective 3: Maintain as a minimum air carrier service, daily flights to and from Kodiak. Objective 4: Expand existing road network only to include new special purpose roads, e.g., to a new landfill site. Objective 5: Actively solicit and encourage the development of a mini - freight ferry service to /from Kodiak for both freight and passenger service. I 49 Application - Page 14 of 24 Public Hearing Item 7 -0 a • Objective 6: Develop an off /on- loading ramp for barges and other freight carriers. Objective 7: Develop a fuel delivery system for local island residents. Objective 8: Discourage increases in vehicular traffic growth within the community. I 50 Application - Page 15 of 24 i Public Hearing Item 7 -D Housing Goal To expand and upgrade the existing housing stock to provide adequate housing for the 1 existing households as well as maturing adults ( who wish to stay in the community. Objective 1: Establish a house— maintenance and rehabilitation program in cooperation with Kodiak Island Borough, State and Federal programs for local home owners. Objective 2: Encourage the construction of new houses by private parties as well as housing programs. Objective 3: Maintain and expand the city's utility system as necessary to provide services to new housing development. 1 1 Objective 4: Provide for a mix of housing available to local residents as determined by local needs and lifestyle. i 1 51 Application - Page 16 of 24 • Public Hearing Item 7 - Land Use Goal To maintain existing land uses within the community, the low- intensity use outside of the harbor commercial and industrial area and to prevent incompatible uses from encroaching on each other. Objective 1: Survey, plat and make lots available for new housing development as well as for new public works projects such as the landfill site. Objective 2; Restrict future residential development to areas contiguous with existing development, with immediate development to the north of existing housing. Objective 3: Restrict future commercial and industrial development to areas contiguous with existing development in the harbor area. Objective 4: Provide ample land for expanded commercial development within the existing commercial core area near the dock facilities as well as near the airport. Objective 5: Prohibit any development that would adversely alter present circulation and movement patterns of pedestrians and goods, unless acceptable alternatives can be provided. 52 1 Application - Page 17 of 24 Public Hearing Item 7 -D 1 Objective 6: Locate and develop a new cemetery site. Objective 7: Provide for the preservation of adequate open space and adequate access along the shoreline with appropriate land -use designations and integration with a trail system. 53 Application - Page 18 of 24 Public Hearing Item 7 -D Recreational Goal To provide a wide range of recreational opportunities for all segments of the community. Objective 1: Establish a parks and recreational program for the city in cooperation with the Kodiak Island Borough. Objective 2: Establish a trail system to include beach and stream access. Objective 3: Convert non-buildable lots with the community into natural parks. Objective 4: Provide for neighborhood child playgrounds in future housing development. Objective 5: Develop a central outdoor recreation area for use by all ages and by the entire community. Objective 6: Maintain community access to and use of school facilities for recreational purposes. 54 Application - Page 19 of 24 Public Hearing Item 7 -D 1 Environmental Goal To ensure the natural environment is protected and enhanced by eliminating existing sources of environmental degradation and prohibiting future actions by private and public entities that might adversely affect the environmental quality of Ouzinkie and its surrounding area. Objective 1: Implement local erosion control measures to ensure the continued stability of the shoreline beaches and bluffs, including construction of a breakwater facility. Objective 2: Establish and maintain an adequate community sanitary landfill site. Objective 3: Prohibit development that does not preserve the natural land forms, existing vegetation and other existing environmental features of the Ouzinkie area to the maximum extent possible. Objective 4: Except for activities that are water dependent, all beaches and shoreline shall be kept free of permanent development. Objective 5: Provide for adequate watershed — protection for the Katmai Creek system from town to both connected upland lakes. 55 Application - Page 20 of 24 / ♦ 5r 1 f 0 T 2Y 9 * N 4 j /, / k sn ^:.4;'' WATER ED `!""' I `' ' t` , ti p �r � •I/ ♦ aG r� c,f� r 'i- s 2` o.« N ,, ° ® ��`'t / VH S ° #i7 � \ �� % ®�� /404 a I �/,�� , ` g U ,,,,,,;,,0,(,,,9,- yTL . .. � q i tip ci 9. AteStisto":".:09.1>:'Si414180 ;,t,.. , k74W ........ -_-_: . - \--) . tit i • , `.,f / ---t A; 4. \ �' {' . II RESIDENTIAL, PRIVATE • � i ,_. • COMMERCIAL, WATERFRONT 8 RESIDENTIAL i • / PUBLIC USE. RELIGIOUS // 1 m CONSERVATION 111. �- NOROMRD FIGURE 13 S `J ; F S i. , ,:', o ti =o..„...•.. OUZINKIE ...,•...,. K... LAND USE PLAN 4 '" x �—_ COMPREHENSIVE PLAN 1(p Public Hearing Item 7 -D TTh! 0 08 ❑ Il y _ _ o D 1 D _ 0 D- Application - Page 22 of 24 - l; Y TawcTlamncTC b � USS 4871 ARM�I BA pi 40 M �� o .= 4871 < "' �G�' J ,.,. uss .;m ® GG9 o PL 0 t 3 . ' " 1 1St 4,4 *417, e l n <a t N o 05 1 IP tr 4 t ® ® 7 509g O '' * 1 1/404 irre s 1.\\ I r 4t* 4 • i an -'...- 44 % ja Se 4 L ' IIIIII kirecA ® ®� y��� .fl #4. U 191n ® ® /® Kn et&`� t ®® 7 In © ® 9ANN9 Se 4 4 444 9 404 Aye .. kr ,o , , „L * ■---- '44, -3 I r USS OUZIN IR AREA s USS 1702 N LEGEND M NENO MAP II V R -2 TWO FAMILY RESIDENTIAL 9 Ioo =m Wn .90 � eoo >e91ffT N cp t NOTE IN ACCORDANCE WITH K.I.B. ORDINANCE 77 -19 -0, ALL LANDS WITHIN THE S.LE CORPORATE LIMITS S REZONED OUZINKIE ME REZONED TO R -1 UNLESS OTNERWISE SHOWN ON THIS ZONING MAP. B— Business Public Hearing Item 7 -D L_ J ❑ � D a O o n! on0II y o D D_0 Application - Page 24 of 24 Public Hearing Item 7 -D Current Location Request a rezone according to KIBC 17205.030 (B) Ouzinkie Manner of Initiation), investigate the rezone of P & Z Case 11-026 ( P & Z Case a 11-0 26 )� g City of Ouzinkie/ Tracts A, B, and C, Ouzinkie Harbor Subdivision from Ouzinkie Native R1 - Single Family Residential to I- Industrial to allow Corp. harbor and dock activities and expansion. p usi., 7 4 1/4 ter. vo0oov� assITL sj®A;�o /� s 0E i , p , N 1 S`p_ ® -S X 44400 * ,0 ® ® ` � , % O O , I t t., -- I n Kodiak Island Borough GIS Legend "_y`- 4p:f' ItC _ ' i i - i Subject Parcel W NW' E qp Feet ' o 750 1.500 3,000 ® Notification Area I 1 1 1 I 1 1 1 i S This map was prepared from the Kodiak Island Boroughs GIS System. It is provided for the purpose of showing the general loglion of a properly within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486 9333 Public Comment - Page 1 of 6 Public Hearing Item 7 -D I— —I h !s ] 0 ° Innftn0 _y nift D _ 0 nk Public Comment - Page 2 of 6 Public Hearing Item 7 -D U S POSTAL SERVICE PETER SQUARTSOFF ETAL NICK SQUARTSOFF 850 CHERRY AVE C/0 HERMAN SQUARTSOFF OUZINKIE, AK 99644 SAN BRUNO, CA 94099 PO BOX 70 PORT LIONS, AK 99550 MARTIN SQUARTSOFF FRED SQUARTSOFF • ALICE SQUARTSOFF PO BOX 51 12910 SILVER SPRUCE DR PO BOX 35 OUZINKIE, AK 99644 ANCHORAGE, AK 99516 OUZINKIE, AK 99644 ALEXANDRA SMITH JAMES SKONBERG JR JAMES A SKONBERG P.O. BOX 82 P 0 BOX 70 7250 HUNTSMAN CIR UNIT A OUZINKIE, AK 99644 OUZINKIE, AK 99644 ANCHORAGE, AK 99523 RUSSIAN ORTHODOX CHURCH ROBERT PONTE SR JOHN PESTRIKOFF PO BOX 210569 1816 MILL BAY RD P.O. BOX 266 ANCHORAGE, AK 99521 KODIAK, AK 99615 KODIAK, AK 99615 NICK PESTRIKOFF NICHOLAS PESTRIKOFF JOHN PESTRIKOFF GENERAL DELIVERY P.O. BOX 49 P.O. BOX 266 OUZINKIE, AK 99644 OUZINKIE, AK 99644 KODIAK, AK 99615 MICHAEL PESTRIKOFF TED PANAMARIOFF, JR ETAL TIM PANAMARIOFF JR 18860 TALARIK DR 810 HILLSIDE DR P.O. BOX 54 EAGLE RIVER, AK 99577 KODIAK, AK 99615 OUZINKIE, AK 99644 OUZINKIE NATIVE CORP MUNICIPALITY OF OUZINKIE JACKIE MULLER P.O. BOX 89 P 0 BOX 109 GENERAL DELIVERY OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 DOROTHY MORRISON JANET LESTENKOF KODIAK ISL HSG AUTHORITY 4770 KLONDIKE #2 P 0 BOX 2258 3137 MILL BAY RD ANCHORAGE, AK 99508 POULSBO, WA 98370 KODIAK, AK 99615 KODIAK BAPTIST MISSION JOHN KATELNIKOFF EST NIKOLI KATELNIKOFF VELORIA CHEEK, ESQ. GENERAL DELIVERY PO BOX 170 NATIONAL MINISTRIES OUZINKIE, AK 99644 OUZINKIE, AK 99644 VALLEY FORGE, PA 19482 MEREDITH EATON CITY OF OUZINKIE ZACK CHICHENOFF P.O. BOX 74 P.O. BOX 109 P.O. BOX 75 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 Public Comment - Page 3 of 6 Public Hearing Item 7 -D DONNA CAWLEY ALLEN BOSKOFSKY ANDY BOSKOFSKY 1924 VAN WORMER GENERAL DELIVERY PO BOX 65 CENTRALIA, WA 98531 OUZINKIE, AK 99644 OUZINKIE, AK 99644 EMIL ANDERSON ESTATE FLOYD ANDERSON KENNETH[ ANDERSON P.O. BOX 50 P.O. BOX 48 GENERAL DELIVERY OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 PO BOX 106 OUZINKIE, AK 99644 Public Comment - Page 4 of 6 Public Hearing Item 7 -D KODIAK ISLAND BOROUGII COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 May 6, 2011 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 15, 2011. The meeting will begin at 6:30 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: 11 -026 APPLICANT: City of Ouzinkie AGENT: Planning and Zoning Commission REQUEST: A rezone according to KIBC 17.205.030 (B) (Manner of Initiation), to investigate the rezone of Tracts A, B, and C, Ouzinkic Harbor Subdivision from R I - Single Family Residential to I- Industrial to allow harbor and dock activities and expansion. LOCATION: Ouzinkie ZONING: R1 Single Family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm on May 31, 2011 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith(kodiakak.us. 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, June 8,2011 a work session will be held at 6:30 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 486-9363A Your Name?' a ;� Mailing Address: A D(l l Your property descriptio r u Si( Qk_4 �L ' Q(0 y7' Comments: II eL . . ". a kid )w / _t �. r .Ii i... f — .. gir j/� r • i • U J a / r << • Public Comment - Page5 of 6 • Public Hearing Item 7 -D I___ it ❑ D _ r S co Innon[ BI n k Public Comment - Page 6 of 6 Public Hearing Item 7 -D MEMORANDUM DATE: May 24, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 15, 2011 Regular Meeting CASE: 11 -026 APPLICANT: KIB Planning & Zoning Commission AGENT: Dan Clarion, Mayor, City of Ouzinkie REQUEST: A rezone according to KIBC 17.205.030 (B) (Manner of Initiation), to investigate the rezone of Tracts A, B, and C, Ouzinkie Harbor Subdivision from R1 - Single Family Residential to 1- Industrial to allow harbor and dock activities and expansion. LOCATION: Ouzinkie Townsite waterfront area. ZONING: R1- Single- family Residential Thirty -seven (37) public hearing notices were mailed on May 6, 2011. Date of site visit: No Site Visit Conducted — Borough GIS Consulted 1. Zoning History: Zoned R1- Single- family Residential by KIB Ordinance No. 77 -15 -0. 2. Lot Size: Tract A 259,615 Sq. Ft. Tract B 239,071 Sq. Ft. Tract C 26,826 Sq. Ft. 3. Existing Land Use: Waterfront Industry 4. Surrounding Land Use and Zoning: North: Lots 25 and 26, U.S. Survey 470; Lots 1, 6 & 7, Block 11; and Lot 2, Block 12; all located in Ouzinkie Townsite Subdivision, U.S. Survey 4871 Use: Mixed use residential and commercial Staff Report - Page 1 of 6 Public Hearing Item 7 -D Zoning: R1- Single- family Residential except for Lot 7, Block 11 which is B- Business South: State Tidelands Use: Vacant Zoning: Not zoned East: State Tidelands Use: Vacant Zoning: Not zoned West: Lot 5, Block 7; and Block 24; all located in Ouzinkie Townsite Subdivision, U.S. Survey 4871 Use: Residential and open space Zoning: R1- Single- family Residential 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this area for Mixed Use/ Commercial /Waterfront/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: 17.10.020 REFERENCE AND USE. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 COMPREHENSIVE PLAN. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough; ... 17.205.030 MANNER OF INITIATION. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; *B. The commission upon its own motion; and 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 department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.205.055 SUBMISSION TO ASSEMBLY. Staff Report - Page 2 of 6 Public Hearing Item 7 -D A. Within 30 days after the 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 commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. Coastal Management Applicable Policies 4.4 Enforceable Policies Staff has not identified any enforceable policies of the adopted coastal management plan that would be applicable or relevant to this request. COMMENTS This request was initiated by commission motion at the April 20, 2011 regular meeting. The need for a rezone was identified in the review of Case S11 -009 which was a preliminary plat review to amend existing lot boundaries to conform with the planned harbor dock expansion and redevelopment. After the completion of the harbor expansion and redevelopment, the City of Ouzinkie and the Ouzinkie Native Corporation have plans to develop new waterfront industrial uses which would conflict with the existing R1- Single- family Residential zoning. Currently, this waterfront area is zoned R1- Single- family Residential and has been zoned that way since 1977 when the KIB Assembly rezoned all land incorporated communities to the R1- Single- family Residential designation. The buildings and uses on proposed Tracts A, B and C, Ouzinkie Harbor Subdivision have been considered as nonconforming uses since that time. With this dock expansion project and the prospect of expanded waterfront industrial use, it was recommended that the waterfront area be rezoned to I- Industrial in order to ensure that new or expanded uses may be developed without unnecessary delay and in conformity with current plans and zoning standards. The I- Industrial zoning district is intended specifically for industrial and waterfront uses that are typically needed by coastal communities. Staff Report - Page 3 of 6 Public Hearing Item 7 -D CONFORMANCE WITH THE COMPREHENSIVE PLAN: The proposed rezone is conforming to both the 1984 Ouzinkie Comprehensive Plan and the 2008 Kodiak Island Borough Regional Comprehensive Plan Update. Both plan identify this area and the more recent plan identifies a substantial portion of the waterfront area and community "core" area for a Mixed Use/ Commercial/Waterfront/Residential zoning. While it is expected that the ongoing code revision project now under contract to LSL Planning, Inc., will eventually produce such a mixed use zoning district, the limited zoning districts available in the current code will require the I- Industrial zone be applied in order to accommodate proposed uses for the waterfront, to the exclusion of the "mixed use" approach called for in the comprehensive plan. The plan has several goals that talk about diversified economic development in the community. In addition, there were several goals and objectives that talked about improving the manner in which the borough interacts with the community on a range of issues, presumably including how the borough regulates land use and zoning. This rezoning process, therefore, is an opportunity to work with the community to create some beneficial two -way communication. Although this case alone may not justify a meeting in the community, the Commission and staff should be sensitive to the idea of ensuring the people of Ouzinkie are fully and meaningfully included in the process. Staff did not see many other relevant goals and objectives relating to housing, transportation, recreation, etc. It should be noted for the record that the site has been developed for and used for waterfront industrial purposes for many years so that the requested rezone is in keeping with the existing land use pattern even though the current zoning did not support those uses. The rezone would have the benefit of moving any existing structures and uses out of the nonconforming status and allow for new development of the property to be conforming with the appropriate zoning standards. It should be noted that staff was unable to make a site visit in this case and therefore was not able to investigate this case as thoroughly as other cases here on the Kodiak Road System. It seems clear to staff from reviewing both the preceding subdivision case and this rezone that the proposed dock expansion and development of new waterfront uses are needed by the community as indicated by the mention of this project in past plans adopted by the borough. The proposed rezone then would assist the community is achieving these long term goals and ensuring the development of new uses in this area is not held up unnecessarily by outdated zoning issues. Because this case is related to the subdivision in case S11 -009 which was granted preliminary approval back in April 2011, staff recommends an effective clause that the zoning becomes effective upon the filing of the final plat. In this way, the zoning will be associated specifically with the new legal descriptions for the uplands and tidelands being redeveloped in order to facilitate good record keeping and to ensure there is no confusion between the zoning and the eventual subdivision boundaries on the ground. Staff Report - Page 4 of 6 Public Hearing Item 7 -D RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for 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 Tracts A, B, and C, Ouzinkie Harbor Subdivision from R1 - Single Family Residential to I- Industrial to allow harbor expansion and to link this approval to the filing of a revised plat as an effective clause to ensure the rezone is forever linked with the Ouzinkie harbor redevelopment project, subject to the findings contained in the staff report dated May 24, 2011 as "Findings of Fact" for this case. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The land owners, City of Ouzinkie and the Ouzinkie Native Corporation, need this rezone in order to redevelop the Ouzinkie water front dock area and related tidelands. The site has historically been used for all manner of commercial and water front industrial uses for many years. The structures and activities in this area have until now been nonconforming and this requested change of zoning will provide for the further redevelopment of new waterfront industrial structures and activities that will meet the needs of and benefit the Ouzinkie community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. The comprehensive plan designates this area for Mixed Use / Commercial /Waterfront/Residential. At the time the borough does not have a "Mixed Use" zone so it is necessary to zone for the most intensive uses and most appropriate uses that the site might be required to provide for. At the present time this is the I- Industrial zone. The plan also speaks to the need to maintain good two -way communication between the Kodiak Island Borough and the City of Ouzinkie. This need also applies to the related native corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning nonconformities that have pre- existed Staff Report - Page 5 of 6 Public Hearing Item 7 -D on the rezone site for many years and will encourage the kind of re- development that is consistent with both past use and planned future development. Staff Report - Page 6 of 6 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2011 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Confirmation of the Mayoral Appointment to the Planning and Zoning Commission. SUMMARY: There is currently one vacant Borough seat on the Planning and Zoning Commission for a term to expire December 2012. Three applications were received by the Clerk's Office: 1. Robert William Barton — May 21, 2011 2. Ryan Sharratt — June 1, 2011 3. Fredrick (Rick) Vahl — June 7, 2011 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. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: 14 RECOMMENDED MOTION: Move to confirm the mayoral appointment of Mr. Rick Vahl to the Planning and Zoning Commission Borough seat for a term to expire December 2012. Jessica Kilborn From: support @civicplus.com Sent: Tuesday, June 07, 2011 11:52 AM 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:: Planning and Zoning Commission frez Full Name:: Rick Vahl Residence Address:: 1324 Mountain View Dr (_ 1E f 'If s [1' Mailing Address (if different from above):: Same as above • ! 1 �LJ � . JUN - 7 2011 ,L_). Home Phone Number:: 9074863344 OFFICE Work Number:: 9074865308 I - -- VOTER ID NO. VERIFIED BY:41111, APPLICANTS RESIDENCE: -YET. H ( CITY I I Cell or Fax Number: : 9079475489 DATE APPO NTED: TERMEXPIRES ON: APPOINTMENT LETTER: ROSTER: Occupation:: Alaska Waste OATH OF OFFICE: FINANCIAL DISCLOSURE: Email Address (This address will be used for correspondence):: rickvca akwaste.com Length of residency in Kodiak:: 1 year Are you a registered voter ?:: Yes High School:: Reynolds High School (Troutdale, OR) College:: Lewis & Clark College (Portland, OR) Trade or Business School:: Hobbies:: Fly fishing, gardening, reading, surfing, hiking, family time Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: No If yes, which:: Please list organization memberships and positions held:: Toastmasters: 2008 -2010, Club President, Area Governor, Lt Gov of Marketing. Rotary: 2011- current, RYLA Committee Please list areas of special interest:: Waste management is something that facinates me. Everyone produces waste; so customer service for the community is a must. Working at Alaska Waste in Kodiak.allows me to address difficult scenarios regarding disposal, diversion, cost effective services and public outreach. Please enter basic resume information below:: Skills & Abilities - Well adapted interpersonal skills - Accountable with meeting deadlines - Crisis intervention and problem solving skills - Works well as individual and team member Additional Information: Form submitted on: 6/7/2011 11:51:39 AM Submitted from IP Address: 65.74.4.52 Referrer Page: No referrer - Direct link Form Address: http:// www .kodiakak.us /forms.aspx ?FID =72 2 :° Kodiak Island Borough et , ` Office of the Borough Clerk e: 710 Mill Bay Road ` ''° Kodiak, Alaska 996 __ -- - Phone (907) 486 -9310 Fax (9 6pb3 1__ '_ j -i ` VI E MAIL: njavier@kodia s I , IU i JUN -1 2011 l - BOARD APPLICATION NAME: iv yt\v „, cPZ2 -Ri N i ; BOROUGH CLERI S OF i CE 1 HOME PHONE: 5 I1 (='Q1 WORK : ° Iy2 - S5quj E -MAIL: l 7 AKNIcii YIN a\ -NCI in.C-ON\ STREET ADDRESS: 7 \) veet,.ie, ■;,,�./ MAILING ADDRESS: Sa ^.Z . LENGTH OF RESIDENCE IN KODIAK: 2-0 + tee, IN ALASKA: 3 1 ” y-Ae ARE YOU A REGISTERED VOTER IN KODIAK? YES c,S6 NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES ( ) NO (>(} COMMUNITY ACTIVITIES: C' o\ C .. \\-. \ .. `\ , \N N-ac._ - ), PROFESSIONAL ACTIVITIES: p FA..r.. rw-..{ n\ N•S- 2.e.c. { � � r\s S...,c 1AV;r.V IV ;��h:. , ... A S&k, ��C AREA OF EXPERTISE AND /OR EDUCATION: G tvV[P..otirvwn.ft,:� i ti Ce. uStP E D,`A1N , ( W.-NS JE L•pa2LC M5{\- m„,. isP,A - 7-,-Si i A FV' USN-V\ iLN-1 ( aooct": . \i-N, ,c ,,v 1 AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 2. 4. Signattre 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 return the a. •lication by the advertised deadline. sy"� • STAFF USE ONLY - Voter ID No Vedfied By �' 14. Doausenla:ion: Appointment Letter Applicant's Residence;, • :r , , Clly l ) Roster: Dale Appo nted: Oath of Office: Tern, Expires on Financial Disclosure Comments: Marylynn McFarland From: support @civicplus.com Sent: Saturday, May 21, 2011 9:36 AM 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:: Planning and Zoning Commission Full Name:: Robert William Barton Residence Address:: 3573A Sitkinak Drive, Kodiak, AKA Mailing Address (if different from above):: PO box 8995 Kodiak, Ak., 99615 Home Phone Number:: 4864870 VOTER ID NO. VERIFIED BY: ° APPLICANTS RESIDENCE: BOROUGH (4 ,CITY ( ) Work Number:: 4864810 DATE APPOINTED: TERM EXPIRES ON: APPOINTMENT LETTER: ` Cell or Fax Number:: 5396870 OATH OF OFFICE: FINANCIAL DISCLOSURE: Occupation:: semi- retired Email Address (This address will be used for correspondence):: mondbbarton @att.net Length of residency in Kodiak:: 7 years l+ Are you a registered voter ?:: Yes High School:: Mt. Baker H.S., Deming, WA. College:: attended Skagit Valley College and U of W. Trade or Business School:: Hobbies:: Fishing, hunting, reading ,�� Are you currently serving on other Boards, Commissions, or Committees ?: No S If yes, which:: 1 Have you served on a Board, Commission, or Committee before ?: Yes Ifyes, which:: Teanaway /Wagonwheel Home Owners Assoc. • Please list organization memberships and positions held:: member: NRA; Ducks Unlimited; AARP; Rocky Mountain Elk Foundation; KISA; American Legion, Post 17, Kodiak AK. Please list areas of special interest:: I have been involved in several of the road paving projects on Kodiak Island and am proud to have been a part of these improvements. I am interested in continuing to serve the public and helping' to make Kodiak Island the great place to live that it is. Please enter basic resume information below:: Transportation Engineer for 30 years with WA. State DOT and 11 years with several Alaska based Engineering consulting firms working for Alaska State DOT involved in construction administration, construction management and construction oversight on road and bridge construction projects. Currently operate a small, home based, reel repair business. Additional Information: Form submitted on: 5/21/2011 9:36:25 AM Submitted from IP Address: 65.74.85.205 Referrer Page: No referrer - Direct link Form Address: http:// www .kodiakak.us /forms.aspx ?FID =72 2 }`t 4t KODIAK ISLAND BOROUGH _L5 � , � .4 613E f . I s `-% P P �X� ... n � . - i P" . N:,691..,17. . ' Y i ' ' IN _ G COMMISSION I ±�' y r. 'S J '.5 H `A4 N Y# h uS. ` - ?ee<�'Jape�' - w..r,�,; .t �'K ru~ -rte O ° ;,a.w= . _ NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Jay Baldwin (B) 2011 486 -3433 942 -0386 kodiakjavno.vahoo.com 3343 Eider Street Kodiak, AK 99615 Casey Janz (B) 2012 487 -4055 942 -2146 cianz(oi7ptialaska.net 10674 Chiniak Dr. Kodiak, AK 99615 William Kersch (C) 2012 486 -4854 715 -475- williamusps(a�yahoo.com 1812 Mission Road 8336 Kodiak, AK 99615 Alan Schmitt (C) 2011 486 -5314 942 -0404 schmitt gci.net 3295 Woody Way Loop Kodiak, AK 99615 Alan Torres (B) (Chair) 2013 486 -0217 486 -9345 arii.torres(D�vahoo.com 2746 E. Rezanof Dr. Kodiak, AK 99615 Brent Watkins (C) (Vice Chair) 2013 brentski22yahoo.com 307 Childs Drive Kodiak, AK 99615 Vacant(B) 2012 B= Borough Seat C =City Seat This commission is governed by Kodiak Island Borough Code 2.105 STAFF.' 1 +<3 � " i � � ' trgp, , ,' s'�S1 ' ?, ∎ -`- .;;t>, '.. ■ COD DIRECTOR BUDCASSIDY - 5 +`"+ 486-9363 bcassidv&k ASSOCIATE PLANNERILRP, DUANE DVORAK 486 -9363 ddvorakalkodiakak. us w, �CDD SECRETARY SHEILA SMITH' ?r x x 486 -9363 ssmithnakodiakak. us a u= a � + ,,f �y 'u in rTYjD " i r li ± N x n '. able— "'T y V''t"' COMMUNIEVELOPMENT DEPARTMENT O.x 710 MILLkBAY ROAD �" a1 i ROOM 205 9 ti 14 T y II i 4 KODIAK 99615;. I rt ,s(,'W rO . ";;„i } Revision Date 6/8/2011 Revised by JK KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2011 REGULAR MEETING ITEM NO: 13.D.2 TITLE: Declaring a Seat on the Board of Equalization Vacant. SUMMARY: On June 20, 2011, the Clerk's office received a letter of resignation from Mrs. Cassandra Juenger from the Board of Equalization for a term to expire December 2011. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: dej ■rt RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mrs. Casandra Juenger from the Board of Equalization for a term to expire December 2011, and direct the Borough Clerk to advertise the vacancy per Borough Code. June 20, 2011 Please consider this letter my resignation from the Board of Equalization. Thank you for the opportunity to serve in this capacity for several years for the Kodiak Island Borough. Sincerely, Cassandra Juenger KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2011 REGULAR MEETING ITEM NO: 13.D.3 TITLE: Declaring a Seat on the Service Area No. 1 Board Vacant. SUMMARY: On June 23, 2011, Mr. Alan Torres submitted a notice of resignation from the Service Area No. 1 Board for a term to expire October 2012. 4.15.040 Vacancies. A. Vacancies on service area boards, other than by expiration of the member's term, are created when a member: 3. Resigns and the resignation is accepted; C. The service area board shall notify the clerk of a vacancy on the board. The clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA rf7i&? RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Alan Torres from the Service Area No. 1 Board for a term to expire October 2012, and direct the Borough Clerk to advertise the vacancy per Borough Code. Jessica Kilborn Subject: FW: Letter of resignation From: Alan Torres Sent: Thursday, June 23, 2011 11:23 AM To: Nova Javier; ' carol. austerman @assembly.kodiakak.us'; 'jerrol .friend @assembly.kodiakak.us'; iudy.fulp @assembly.kodiakak.us'; ' sue .jeffrey @assembly.kodiakak.us'; ' david .kaplan @assembly.kodiakak.us'; 'chris .lynch @assembly.kodiakak.us'; louise .stutes @assembly.kodiakak.us'; ' Jerome .selby @assembly.kodiakak.us' Subject: Letter of resignation Mayor and Assembly members, It is with regret that I must tender my resignation from the Service Area #1 Board effective July 1 2011. serve on both the Service Area #1 Board and the Planning & Zoning Commission and I have found that I cannot give the time that the SA #1 board deserves. I will continue to serve on the P & Z. Thanks for the opportunity to serve this Great Community, Alan Torres Kodiak Island Borough Assembly Regular Meeting Guidelines July 7, 2011, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Austerman who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting of May 19, 2011 and June 2, 2011, and Special Meeting of June 9, 2011. *Contract No. FY2012 -01 Providence Kodiak Island Counseling Center Services to Kodiak Island Borough School District for School Year 2011 -2012. *Declaring a Seat on the Board of Equalization Vacant. *Declaring a Seat on the Service Area No. 1 Board Vacant. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. * Regular Meeting of May 19, 2011 and June 2, 2011, and Special Meeting of June 9, 2011. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Kodiak Island Borough Assembly Guidelines July 7, 2011 Page 1 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2011 -17 Rezoning a Portion of Tract G and Tract H, Bells Flats, Alaska Subdivision From PL— Public Use Zone To RR1 -Rural Residential One. Recommended motion: Move to adopt Ordinance No. FY2011 -17. Clerk's Note: 30 public hearing notices were mailed on June 20, 2011. No public hearing responses were received by the Clerk's office. Staff Report — Administrative Official Cassidy Open public hearing. Read phone number: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2012 -01 Providence Kodiak Island Counseling Center Services to Kodiak Island Borough School District for School Year 2011 -2012. 2. Contract No. FY2012 -02 Kodiak Landfill Lateral Expansion Phase I Clearing, Excavation, and Fencing. Recommended motion: Move to authorize the manager to execute Contract No. FY2012 -02 with Anderson Construction Company LLC of Kodiak, Alaska for the Kodiak Landfill Lateral Expansion Phase I Clearing, Excavation, and Fencing in an amount not to exceed $2,482,899. Clerk's Note: Attached is a copy of the landfill expansion map. Staff Report — Administrative Official Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 7, 2011 Page 2 B. Resolutions 1. Resolution No. FY2012 -03 Approving Fiscal Year 2012 Kodiak Island Borough Non - Profit Funding. Recommended motion: Move to adopt Resolution No. FY2012 -03. Clerk's Note: Attached on purple paper is a corrected version of the Resolution. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2012 -04 Declaring Lot 4, Block 10, Port Lions Subdivision as Surplus to the Borough's Needs and Authorizing the Disposal of this Former Teacherage and Lot for Less than Fair Market Value to the City of Port Lions. Recommended motion: Move to adopt Resolution No. FY2012 -04. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2012 -03 Rezoning Proposed Tracts A, B, and C, Ouzinkie Harbor Subdivision, From R1- Single - Family Residential To I — Industrial (City Of Ouzinkie & Ouzinkie Native Corporation). Recommended motion: Move to adopt Ordinance No. FY2012 -03 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission. Recommended motion: Move to confirm the Mayoral Appointment of Mr. Rick Vahl to the Planning and Zoning Commission for a term to expire December 2012. Staff Report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 7, 2011 Page 3 3. *Declaring a Seat on the Board of Equalization Vacant. 4. *Declaring a Seat on the Service Area No. 1 Board Vacant. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 16. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The next Assembly work session will be held on Thursday, July 14, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, July 21, 2011, at 7:30 p.m. in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 7, 2011 Page 4 6 T‘ r R N ' p r P ,"'^: , • . S V ,:- .p' � `ice: 4 --- - .I+t —.M -., '� W o, r - - p, F •:t!sir� r �tpW♦-pt\+'.sr:.." \ "'et .� M • -4- " „s ��• r�,q�• \w ` i` � ! 4,,:s.,-,; , _ � t � a r 3 'f `� s �,, \ a r+; • a j`y A � � ti` �P ' � ` 0,,,, \ R' ` ■ \ }! \' "v a \' . 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Y } ,i fr- .?� s r ; �y� ` �' e.: s„„ 1 a.., d T k -�-� + 'Sdr �s, _ ti 3 r . J 1 i "4,11. 'W '-- " sr ,.� + Y a '. Is : - d B r`�' P ', L a l w _"; y '� J c a "...4-1.71."' , � +„ --la. . a te 1 : Kodiak I sla nd Borough Lan L ateral Expa nsion in' N e � Z l 1 "Q. • F . ; ..E 1 -. 4. ..011:4,14t }�} F ! .a� Fs �"l� Kodiak Island Borough GIS Kodak ew i.mn� �,. + �' .A, flew 'C �` �F l r r p nw,e. Aod,Yku•Vs (BO !) <t6B>A eM qew. Il, u. , Y GY pie A / ,w a ; _,_.. 4.3' 1 ' 4. :a., x . o .,. a u; . �; • d.,".' . . ' . „..a � s• ; 1` '�a'•Y!' Y t .� ^ - —. 1 Introduced by: Borough Manager 2 CORRECTED VERSION Requested by: Borough Assembly 3 Drafted by: Finance Director Introduced on: • 07/07/2011 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2012 -03 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING 10 FISCAL YEAR 2012 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING 11 12 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many 13 benevolent non - profit organizations that provide services that enrich our lives; and 14 15 WHEREAS, Kodiak Area charitable non - profit organizations provide humanitarian services 16 that many of our community members rely upon; and 17 18 WHEREAS, these organizations provide expanded education, cultural, and health 19 services that cannot be provided through the ordinary governmental budget; and 20 21 WHEREAS, these organizations expand the services that can be provided, with limited 22 funds, through the utilization of volunteers; and 23 24 WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in 25 the community. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH: 29 1. The Kodiak Island Borough fiscal year 2012 budget will be amended to budget 30 contributions to non - profit organizations in the amounts indicated on the attached 31 page of this resolution contingent upon each organization providing their 501(c)(3), 32 and financial documentation. 33 34 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 35 THIS DAY OF 2011 36 37 38 39 40 41 KODIAK ISLAND BOROUGH 42 43 44 45 ATTEST: Jerome M. Selby, Borough Mayor 46 47 48 49 Nova M. Javier, MMC, Borough Clerk 50 51 Kodiak Island Borough Resolution No. FY2012 -03 Page 1 of 2 FY2012 NON - PROFIT FUNDING BUDGET DETAIL FY11 FY12 FY12 ASSEMBLY Application 501(c)3 Actual Financials Grant Organization FUNDING REQUEST FUNDING Received? on Ole Status included? Report HEALTH 8 SOCIAL SERVICES 1 American Red Cross $ 7,000 $ 7.000 $ 7,000 yes yes 501c3 yes yes 2 Brother Francis Shelter 50,000 50,000 50,000 yes yes 501c3 yes yes 3 Hope Community Resources 5,000 5.000 5,000 yes yes 501c3 yes yes 4 Kodak Area Transit System 15.000 15,000 15,000 • yes yes 501c3 yes yes 5 Kodak Baptist Mission (FOOd Bank) 37,500 38,300 37,500 yes yes 501c3 yes yes 6 ProUdence Counseling Center (Safe Harbor) 25.000 25,000 25,000 yes yes 501c3 yes yes 7 Kodiak Island Health Care Foundation (Clinic) 20,000 20.000 20,000 yes yes 501c3 yes yes 8 Kodiak Women's Resource 8 Crisis Center 60,000 60,000 60,000 yes yes 501c3 yes yes 9 Salvation Army 10,000 10,000 10,000 yes National yes yes 10 Senior Citizens of Kodiak 35,000 35,000 35,000 yes yes 501c3 yes yes 11 Kodiak Area Special Olympics 7,500 7,500 7,500 yes yes 501c3 no yes 12 Threshold Services 10,315 10,300 10,300 yes yes 501c3 yes yes 13 Kodiak Island Search and Rescue - 1,000 - yes ? yes yes 14 Humane Society 4,000 5,000 4.000 yes yes 501c3 yes yes HEALTH 8 SOCIAL SERVICES SUBTOTAL $ 286,315 $ 289,100 $ 286,300 Budget $286,315 Available $15 EDUCATION, CULTURE & RECREATION 15 KANA (WIC /ILP /Family Center) $ 12,000 $ 12,000 $ 12,000 yes yes 501c3 yes yes 16 Kodiak Public Broadcasting 7,500 12,500 7,500 yes yes 501c3 yes yes 17 Kodiak Ads Council 15,000 15,000 15.000 yes yes 501c3 yes yes 18 Kodiak 0111 Scouts 1,000 1,000 1,000 yes yes 501c3 yes yes 19 Kodiak Head Start 9,000 9,000 9,000 yes yes 501c3 yes yes 20 Kodiak Little League 4,500 5,000 4,500 yes yes 501c3 yes Court"' 5,100 21 Kodiak Teen Cou 5,100 5,100 5,100 Yes yes 501c3 yes yes 22 Audubon Society 1,300 1,300 1,300 yes yes 501c3 yes yes 23 Kodiak Sal 8 Water Conservation District 2,820 6,000 3,685 yes 501c3 yes yes 24 Kodiak Island Sportsman Assoc. - 2,000 - yes 501c4 no WA 25 Kodiak Public Library Association - 25,000 - yes yes 501c3 yes WA 26 Kodiak Football League - 3,000 - yes yes 501c3 yes N/A EDUCATION, CULTURE 8 RECREATION SUBTOTAL $ 58,220 $ 96,900 -$ 59.085 Budget $59,085 'requesting space rent in lieu of cash donation Available $g Tourism Development Dig Afognak " $ 566 $ 566 LI _i yes tribal yes yes Historical Society 6,500 6,500 6.500 yes yes 501c3 yes yes Kodiak Maritime Museum 5,000 5,000 7,410 yes yes 501c3 yes yes EDUCATION, CULTURE & RECREATION SUBTOTAL $ 12,066 $ 12.066 $ 13,910 Budget $13,910 52 ' "' Exempt due to Increase in personal property deductible 1 Available $0 Kodiak Island Borough Resolution No. FY2012 -03 Page 2 of 2 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I of Regular V Special Date: Jfl1071 c9 Convened: Recessed: Reconvened: Adjourned: BY: BY: ��� BY: i (, ' BY: � 1� V BY: 1 _ e a.) SECOND: SECOND: J gitin, SECOND " t!I II SECOND: SECOND: ` ed- * . 9 _0t2 -b2 \ of YES NO YES NO YES NO YES NO • YES NO Ms. Austerman ✓ 4 - - •• o _ = Ms. Austerm &an M-Auste _ Mr. Friend ✓ Mr. Friend Mr. Friend Mr. Friend ✓ Mr. Friend / Ms. Fulp V Ms. Fulp Ms. Fulp Ms. Fulp v Ms. Fulp pqr V Ms. Jeffrey ✓ Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey 1/ Ms. Jeffrey Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan / Ms. Lynch V Ms. Lynch Ms. Lynch Ms. Lynch , / Ms. Lynch V , / Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes V Ms. Stutes v ` / CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE1 TOTAL: r TOTAL: TOTAL: TOTAL: Le 0 TOTAL: & 0 The mayor may of 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. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET �'�-71 Regular 7 Special Date: CPI l: I 0/ @ .) Convened: Recessed: Reconvened: Adjourned: BY: 1 BY: BY: BY: K �' BY: • .J n t SECOND: I 1 i �� SECOND: `-'�`)�,p� J SECONDu- SECOND: / f� SECOND: g�j i. , er) V 4c,0 0-7- \slo 01/40 . 4 ,r If° u, Ffie 4,r7. 9 „ H c-).,‘ YES NO YES NO YES NO YES NO YES NO Ms- Aestertnarr , i_. L• - -n / - - Ms Adstermen nns n r Mr. Friend Mr. Friend /` Mr. Friend ✓ Mr. Friend ✓ Mr. Friend,/ Ms. Fulp 1,/ Ms. Fulp VVV / Ms. Fulp Ms. Fulp ✓ Ms. Fulp t/ Ms. Jeffrey t- Ms. Jeffrey V Ms. Jeffrey / Ms. Jeffrey V Ms. Jeffrey Vi r/ Mr. Kaplan V/ Mr. Kaplan l ✓ ✓ ✓ Mr. Kaplan I/ Mr. Kaplan ✓ Mr. Kaplan Ms. Lynch V Ms. Lynch ✓ Ms. Lynch pj ✓ Ms. Lynch Ms. Lynch , // Ms. Stutes Ms. Stutes ✓ Ms. Stutes V Ms. Stutes V' Ms. Stutes �/ ICHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOT ? CHANGE OF VOTE ?I TOTAL: Ca 0 TOTAL: La 0 TOTAL: („ 0 TOTAL: (n TOTAL: VOTE?. l J 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 assemb y. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: \/ I ( I Ple.: - PRINT y• u name Ple.-e PRINT n�`, n \/; ,P t9-e/ke'$g � v \\ :\\ ( \< /� r \frvim