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2011-12-01 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 1, 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 October 20, 2011. 6. AWARDS AND PRESENTATIONS A. November and December Student of the Month Awards 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2012 -11 Amending Title 3 Revenue and Finance Chapter 3.55 Transient Accommodations Tax Section 3.55.025 Allocation of Sales Tax Proceeds. B. Ordinance No. FY2012 -12 Repealing Sections of Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts — None. B. Resolutions — None. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 1 of 2 C. Ordinances for Introduction 1. Ordinance No. FY2012 -13 Rezoning Certain Lots Along Spruce Cape Road From R1- Single Family Residential To R2 -Two Family Residential (P &Z Case 12 -002). 2. Ordinance No. FY2012 -01A Amending Ordinance No. 2012 -01 Fiscal Year 2012 Budget By Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. D. Other Items 1. `Approval of the Kodiak Island Borough Assembly 2012 Meeting Schedule. 2. *State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough. 3. Assembly Approval of a Partial Vacation of the Right of Way of Perenosa Drive. (P &ZC Case S12 -005). 4. Confirmation of the Assembly Appointment to the Kodiak Workforce Regional Advisory Council. 5. Appointments to the Providence Kodiak Island Service Area Board. 14. EXECUTIVE SESSION A. Cutler vs. Kodiak Island Borough 15. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural /Engineering Review Board Meetings of September 14, October 25, October 26, and October 27, 2010, and January 18, January 26, March 2, April 12, and August 16, 2011. 2. Fire Protection Area No. 1 Board Regular Meeting of August 16, 2011. 3. Kodiak Workforce Regional Advisory Council Meeting of September 28, 2011. 4. Parks and Recreation Committee Regular Meeting of August 9, 2011. 5. Project Advisory Committee Meetings of October 11, 2011, October 12, 2011, and October 18, 2011. 6. Womens Bay Service Area Board Regular Meeting of October 11, 2011. B. Reports 1. Kodiak Island Borough School District Summaries of October 24, 2011, and November 3, 2011. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting October 20, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 20, 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. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. 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, Community Development Director Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 1. Regular Meeting Minutes of October 6, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented a twenty -five year longevity award to Bud Cassidy, Director of the Community Development Department. Mayor Selby proclaimed October 22, 2011, as Coast Guard Appreciation Day in Kodiak, urging citizens to recognize our coast guard community for its individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. Mayor Selby presented a plaque to Mike Dolph for his thirty -six years of dedicated service as a member of the Southern Region Emergency Medical Services Council, Inc. Board of Directors. CITIZENS' COMMENTS Marie Rice, Ani Thomas, Heather Johnson, Rick Vahl, Marion Owen, Allen Thielen, and Melony Vahl spoke in support of Ordinance No. FY2012 -10. COMMITTEE REPORTS Assembly member Stutes reported on the recent Project Advisory Committee (PAC) meetings. The current issues that PAC was considering were how the code should address hoophouses and changing code violations from misdemeanors to civil violations. Assembly member Jeffrey provided an update on the Kodiak Fisheries Advisory Council (KFAC) meeting of September 16, 2011. KFAC encouraged the City of Kodiak and the Kodiak Island Kodiak Island Borough Assembly Minutes October 20, 2011 Page 1 of 6 Borough to urge the North Pacific Fishery Management Council to provide video conferencing of their meetings to accommodate the rural communities wishing to participate. Clerk Javier was directed to prepare a resolution in support of this issue. PUBLIC HEARING 1. Ordinance No. FY2012 -09 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. KAPLAN moved to adopt Ordinance No. FY2012 -09. Per KIBC 2.100.180, all boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. The boards and commissions reflected in the ordinance would be affirmatively reestablished or continued by the Assembly after the public hearing was held. Members of the various boards listed in the ordinance were informed by email about the public hearing. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford asked for consensus to cancel the work session of November 10 and regular meeting of November 17 due to the travel of Assembly members to the AML Annual Conference in Fairbanks. In place of the regular meeting consensus was given to hold a special work session with the Planning and Zoning Commission and Project Advisory Committee in order to meet with the consultant regarding the code revision project. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the Western Interstate Region board meeting held October 5 -7, 2011. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2005 -09B Amending Contract No. FY2005 -09 Employment Contract Between the Kodiak Island Borough Assembly and Rick Gifford as Manager. JEFFREY moved to adopt Contract No. FY2005 -09B. This action approved Amendment #B of the Manager's Contract between the Kodiak Island Borough and Manager Rick Gifford. This increased the maximum accrual limit for annual leave from 60 Kodiak Island Borough Assembly Minutes October 20, 2011 Page 2 of 6 working days (480 hours) to match the limit for regular Kodiak Island Borough employees at 75 working days (600 hours). The amendment also allowed the Manager to cash in annual leave for up to 80 hours for any annual leave in excess of 80 hours. The cash in of annual leave was permitted once in a calendar year. The amendment for cashing in of annual leave also matched what the regular Kodiak Island Borough employees were allowed. STUTES moved to amend by adding the words "to be determined by the Assembly" to the last sentence of the paragraph that read "Manager shall be permitted to cash in up to 80 hours of annual leave in excess of 80 hours. Such cash out shall be permitted once in a calendar year. In the event of a serious emergency the manager may cash out any accrued leave in excess of 80 hours." Assembly member Stutes explained that the purpose of the proposed amendment would be to avoid future questions regarding the approval of the cash out. Assembly member Austerman expressed concern that requiring the entire Assembly may cause unnecessary delays in getting approval in the case of an emergency and instead, supported the Mayor and Deputy Presiding Officer providing the approval. STUTES moved to amend the amendment by changing the verbiage "to be determined by the Mayor and Deputy Presiding Officer." ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. ROLL CALL VOTE ON MOTION TO AMEND THE MAIN MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. Resolutions 1. Resolution No. FY2012 -12 Ratifying and Certifying the Results of the Municipal Election Held October 4, 2011. FRIEND moved to adopt Resolution No. FY2012 -12. The Election Canvass Board met on October 11 and 12 to canvass the 2011 municipal election. The Assembly and public were provided a corrected copy of Resolution No. FY2012 -12 ratifying and certifying the municipal election of October 4, 2011. Clerk Javier reported that tie votes occurred as a result of write -in votes for the Service Area No.1 Board (SA1) and Womens Bay Service Area Board (WBSA) races. For the SA1 Board, Mr. Mike Dolph and Mr. Andrew DeVries received tie votes. Mr. Dolph declined to assume the seat and Mr. DeVries indicated his desire to assume the seat. Mr. Greg Egle and Mr. Dennis Hilsinger received tie votes for the WBSA Board. Mr. Egle indicated his declination of the seat while Mr. Hilsinger was willing to assume the seat. Resolution No. FY2012 -12 would be revised to reflect the election results for the two service area board seats. Kodiak Island Borough Assembly Minutes October 20, 2011 Page 3 of 6 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. Mayor Selby thanked the election workers for their service to the community of Kodiak during the regular election. Ordinances for Introduction 1. Ordinance No. FY2012 -10 Amending the Kodiak Island Borough Code of Ordinances Title 15 Buildings and Construction Buildings Chapter 15.10 Building Codes By Adding Section 15.10.180 Poly - Tunnels and Title 17 Zoning By Amending Sections 17.60.020, 17.70.020, 17.75.020, 17.80.020, and 17.85.020 to Include Poly - Tunnels and /or Hoophouses. JEFFREY moved to adopt Ordinance No. FY2012 -10 in first reading to advance to public hearing on January 5, 2012, to allow the Planning and Zoning Commission's review of the ordinance. There had been an increased use of Poly - Tunnels /Hoophouses nationwide, and in Kodiak, as a practical and inexpensive means of growing fruits and vegetables. There was a need to institute processes and propose exemptions in the Borough code which addressed building codes and zoning compliance for Poly - Tunnels /Hoophouses. The proposed ordinance was sent to the Borough Attorney for legal review and a corrected version would be provided to the Assembly. One specific change would be including the definition of Poly - Tunnels /Hoophouses in the Borough code. This ordinance would amend Title 15 Buildings and Construction Buildings and Title 17 Zoning. Based on discussion at the October 13 work session, KIBC 17.205.010, and recommendation of the Borough Attorney and staff, the ordinance would be forwarded to the Planning and Zoning Commission for its review prior to the public hearing. Assembly member Lynch spoke on the development of the ordinance and its intentions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Austerman, Friend, and Fulp. Other Items 1. Assembly Approval of a Partial Vacation to Allow a Reduction in Width for an Existing 50 -Foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, to be Reduced in Width to 35 -Foot Easement on One Side of Panamaroff Creek (Lot 3, Panamaroff Creek Estates Subdivision - Case S12 -003). This item was approved under the consent agenda. The Assembly's role in reviewing this action was determined by KIBC 16.60.060 (A) which stated: "A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the Assembly if the vacated area is within the Borough outside a city." The Assembly's role was to review all vacation requests that occurred on property located outside the city limits. Until a vacation was approved by the Assembly, the applicants could not record their final plat. This was a similar request to one that the applicant brought before the Planning and Zoning Commission in 2009. In that case, the Commission's decision and recommendation to the Assembly was based not on what was requested by the applicant, but a confirmation of an agreement reached Kodiak Island Borough Assembly Minutes October 20, 2011 Page 4 of 6 between the applicant and two agencies having jurisdiction in this case: the U.S. Army Corps of Engineers (ACOE) and Alaska Department of Fish and Game (ADF &G). Because the applicant failed to finalize the 2009 preliminary approval nor was a time extension requested, as determined by KIBC 16.40.060 (F), the approval of the plat became null and void. In this most recent request the Commission once again approved the vacation of the easement based on that same agreement between the parties. That was, it approved a partial reduction of the easement based on the same understanding between the U.S. ACOE, the ADF &G, and the applicant. The agreement reduced the easement down to 35 -feet (a 15 -foot reduction) in the vicinity of the house pad found on proposed Lot 3. 2. Administer Oath of Office to Newly Elected Officials. The Borough Clerk administered the Oath of Office to newly elected Assembly members Tuck Bonney, Dave Kaplan, and Mel Stephens. 3. Presentation to Outgoing Assembly Members. Mayor Selby presented a plaque to outgoing Assembly members Judy Fulp and Sue Jeffrey. CITIZENS' COMMENT None. ASSEMBLY MEMBER COMMENTS Assembly members congratulated Bud Cassidy and Mike Dolph for the awards and recognition they received and thanked them for their service to the community. Assembly members congratulated and welcomed incoming Assembly members and thanked outgoing Assembly members for their service to the community. Assembly member Jeffrey shared her thoughts on serving the community as an Assembly member for the past six years. Announcements Mayor Selby announced the Assembly and City Council would hold a Joint Work Session on Monday, October 24, 2011, at 7:30 p.m. in the Kodiak Fisheries Research Center Main Conference Room. The next Assembly work session would be held on Thursday, October 27, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, November 3, 2011, at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Minutes October 20, 2011 Page 5 of 6 ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. The meeting was adjourned at 8:47 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes October 20, 2011 Page 6 of 6 RA* ' . 7 KODIAK ISLAND BOROUGH 4. AGENDA STATEMENT as eirg REGULAR MEETING OF: DECEMBER 1, 2011 ITEM NO.: 9.A TITLE: Ordinance No. FY2012 -11 Amending Title 3 Revenue and Finance Chapter 3.55 Transient Accommodations Tax Section 3.55.025 Allocation of Sales Tax Proceeds. ORIGINATOR: Finance Director FISCAL IMPACT: ❑ Yes $ or Z No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2012 -11 APPROVAL FOR AGENDA: SUMMARY STATEMENT: This ordinance is a clean -up ordinance to correct an error in KIBC 3.55.025 to reflect that there is only one village in Kodiak which is the Village of Karluk and five second class cities which are the Cities of Akhiok, Larsen Bay, Port Lions, Old Harbor, and Ouzinkie. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -11. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: Finance Director 1 Drafted by: Finance Director Introduced: 11/03/2011 2 Public Hearing: 12/01/2011 3 Adopted: 4 KODIAK ISLAND BOROUGH 5 ORDINANCE NO. FY2012 -011 6 7 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 8 AMENDING TITLE 3 REVENUE AND FINANCE 9 CHAPTER 3.55 TRANSIENT ACCOMMODATIONS TAX 10 SECTION 3.55.025 ALLOCATION OF SALES TAX PROCEEDS 11 12 WHEREAS, this ordinance is a clean -up ordinance to correct an error in KIBC 3.55.025 to 13 reflect that there is only one village in Kodiak which is the Village of Karluk and five second 14 class cities which are the Cities of Akhiok, Larsen Bay, Port Lions, Old Harbor, and 15 Ouzinkie; and 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 18 BOROUGH THAT: 19 Section 1: This ordinance is of a general and permanent nature and shall become a part 20 of the Kodiak Island Borough Code of Ordinances; and 21 22 Section 2: Title 3 Revenue and Finance Chapter 3.55 Transient Accommodations Tax 23 Section 3.55.025 Allocation of Sales Tax Proceeds is hereby amended as 24 follows: 25 3.55.025 Allocation of sales tax proceeds. 26 A. The sales taxes collected under KIBC 3.55.010 shall be allocated to a separate fund eF 27 account to be appropriated and utilized solely for increased development of the tourist 28 industry, and may be allocated for tourism programs, tourism enhancement projects, such 29 as beautification within the borough, and the administrative costs associated with such 30 programs; 31 B. The sales tax collected in any six villagoc village or city in the Kodiak Island Borough 32 may be appropriated for the purpose of the development of the tourist industry in that village 33 or city. 34 35 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 36 THIS DAY OF 2011 37 38 KODIAK ISLAND BOROUGH 39 40 41 42 ATTEST: Jerome M. Selby, Borough Mayor 43 44 45 46 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -11 Page 1 of 1 KODIAK ISLAND BOROUGH a, . *.4.7x'44-? : AGENDA STATEMENT REGULAR MEETING OF: DECEMBER 1, 2011 ITEM NO.: 9.B TITLE: Ordinance No. FY2012 -12 Repealing Sections of Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. ORIGINATOR: Finance Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: The fiscal impact of this Ordinance is very hard to predict. Since Ordinance No. FY2007 -09 was passed, the PERS retirement system has gone through several changes. One modification to the program is from a single employer system to a multiple employer system. By doing this, all participants in the PERS system share increases and decreases in cost. Without doing a study, it is hard to predict exactly what the impact of this ordinance will have on the PERS system and how it will affect rates. At the current time the Borough only pays 22% of our retirement costs and the State pays the difference. ATTACHMENTS: Ordinance No. FY2012-12 and Ordinance No. FY2007 -09 APPROVAL FOR AGENDA� Q1 SUMMARY STATEMENT: Ordinance No. FY2007 -09 was adopted by the Kodiak Island Assembly on October 5, 2006 which allowed sitting assembly members to continue participation in the PERS system but would not allow newly elected officials to join the program. As written, Ordinance No. FY2007 -09, is not acceptable to the State of Alaska PERS system because the Borough had to let all elected officials participate in PERS or exclude all elected officials from participation. This repeal would allow elected officials to participate in the State PERS program subject to PERS Regulations. Sections 3 and 4 of Ordinance No. FY2007 -09 dealing with Assembly members being able to participate in the borough health and life insurance plan will remain in the Kodiak Island Borough Code of Ordinances. Based on discussion at the last Assembly meeting, we are currently discussing the proposed ordinance with the Borough Attorney and the State of Alaska PERS. We are still researching the answers to the various questions and may not have responses ready for the November 29 work session and the December 1 regular meeting. Therefore, we may be requesting postponement of this ordinance. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 - 12. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Assembly 1 Requested by: Finance Director Drafted by: Finance Director 2 Introduced: 11/03/2011 3 Public Hearing: 12/01/2011 4 Adopted: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -12 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REPEALING SECTIONS OF ORDINANCE NO. FY2007 -09 AUTHORIZING AN 10 AMENDMENT TO THE BOROUGH'S PARTICIPATION AGREEMENT WITH THE PUBLIC 11 EMPLOYEES RETIREMENT SYSTEM (PERS) OF ALASKA AND TO CHANGE THE 12 BOROUGH CODE OF ORDINANCES TO EXCLUDE PARTICIPATION OF ELECTED 13 OFFICIALS 14 15 WHEREAS, Ordinance No. FY2007 -09 was adopted by the Kodiak Island Assembly on 16 October 5, 2006; and 17 18 WHEREAS, Ordinance No. FY2007 -09 allowed sitting assembly members to continue 19 participation in the PERS system but would not allow newly elected officials to join the 20 program; and 21 22 WHEREAS, as written, Ordinance No. FY2007 -09 is not acceptable to the State of Alaska 23 PERS system because the Borough had to let all elected officials participate in PERS or 24 exclude all elected officials from participation. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH THAT: 28 29 Section 1: This ordinance repeals Sections 2, 5, and 6 of Ordinance No. FY2007 -09 30 which will allow our elected officials to participate in the State PERS program subject to 31 PERS regulations. 32 33 Section 2: Sections 3 and 4 of Ordinance No. FY2007 -09 are of a general and 34 permanent nature and shall remain a part of the Code of Ordinances of the Kodiak Island 35 Borough. 36 37 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 38 THIS DAY OF 2011 39 40 KODIAK ISLAND BOROUGH 41 42 43 44 45 ATTEST: Jerome M. Selby, Borough Mayor 46 47 48 49 50 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -12 Page 1 of 1 Requested by: Assembly member Ranney Drafted by Finance D;recic/ fnuoduced: 09/0712006 Failed: 09/21/2006 Reconsidered: 09/21 /2006 f ubiic hearing: 10/05/2006 Amended: 10/05/2006 Adoaled: 10/05/2006 KODIAK ISLAND BOROUGH Ordinance No. FY2007 -09 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING AN AMENDMENT TO THE BOROUGH'S PARTICIPATION AGREEMENT WITH THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) OF ALASKA TO CHANGE THE BOROUGH CODE OF ORDINANCES TO EXCLUDE PARTICIPATION OF ELECTED OFFICIALS WHEREAS, the Kodiak Island Borough entered into a Public Employees Retirement System (PERS) Participation Agreement with the State of Alaska. Department of Administration; and WHEREAS, in the 2000 legislative session, House Bill 335 was signed into law that changed the Public Employees Retirement System (PERS) statutes effective August 20, 2000; and • WHEREAS, PERS is a single employer, defined benefit retirement system in which all retirement costs are charged to the Borough and not shared with other governments unless the retiree worked for more than one government and the costs are then prorated by time served; and WHEREAS, PERS regulations base an individual retiree's retirement benefits on a combination of years of service and the three or five highest years earnings, it is possible for an elected official to later assume a paid position with the Borough or another PERS employer and then qualify for significant retirement and medical benefits, the liability for which would be assessed to the Kodiak Island Borough and could total in the hundreds of thousand of dollars; and WHEREAS, a former PERS employee could be elected to office and then qualify for significant retirement and medical benefits, the liability for which would be assessed to the Kodiak Island Borough and could total in the hundreds of thousand of dollars; and WHEREAS, the Kodiak Island Borough wishes to amend the Participation Agreement prospectively to exclude elected officials receiving compensation from those eligible to participate in PERS; and WHEREAS, the Kodiak Island Borough wishes to prospectively amend the code to elected officials receiving compensation from those eligible to participate in PERS. NOW, THEREFORE, BE IT ORDINAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Classification. Sections 3 and 4 of this ordinance are of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. The remainder shall not be codified. Kodiak Island Borough, Alaska Ordinance No. FY2007 -09 Page 1 of 2 • Section 2: Pursuant to AS 39.35.550 the governing body of the Kodiak Island Borough hreby requests permission to exclude newly elected officials receiving compensation from those eligible to be included in the Public Employees Retirement System of Alaska. Section 3: Section 2.15.070 A Miscellaneous 1, of the Borough Code is amended as follows: The mayor may be included in the borough health and life insurance plan. Section 4: Section 2.17.100 Miscellaneous 1, of the Borough Code is amended as follows: Assembly members may be included in the borough health and life insurance plan Section 5: Elected officials currently holding office can continue to participate in the Borough • PERS system until they leave office. Section 6: This ordinance applies to all persons elected after July 1, 2007. Its intent is only to exclude the time that a person may serve as an elected official — not to exclude any time that the person may be otherwise employed by the borough. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTH DAY OF OCTOBER 2006 • KODIAK ISLAND BOROUGH ATTEST: Jar M. Selby, Borough Mayor _ ,r A i I J C oh Nova M. Javier, civic, Borou h Clerk Kodiak Island Borough, Alaska Ordinance No, FY2007 -09 Page 2 of 2 ``3 KODIAK ISLAND BOROUGH � 4p d a l say ` AGENDA STATEMENT �aa %= REGULAR MEETING OF: DECEMBER 1, 2011 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2012 -13 Rezoning Certain Lots Along Spruce Cape Road From R1- Single Family Residential To R2 -Two Family Residential (P &Z Case 12 -002). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2012 -13 and P &ZC Case 12 -002 Backup APPROVAL FOR AGENDA: G /f �J . p . c- SUMMARY STATEMENT: (u A petition for the rezone of a single lot came as a request before the Planning and Zoning Commission. The Commission voted to expand the area to be considered for rezoning from one lot to a compact area containing nine parcels. Public hearing notices were sent out to the neighbors and also to utility companies and agencies. The request was affirmed with Commission recommendation that the Borough Assembly approve the rezone request. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -13 in first reading to advance to public hearing at the next meeting of the Assembly. • Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: P&Z Commission Drafted by: CDD Director Introduced: 12/01/2011 1 Public Hearing: 2 Adopted: 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -13 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 9 CERTAIN LOTS ALONG SPRUCE CAPE ROAD FROM R1- SINGLE FAMILY 10 RESIDENTIAL TO R2- TWO FAMILY RESIDENTIAL. P &Z CASE 12 -002 11 12 WHEREAS, the Planning and Zoning Commission received a request to rezone an 13 individual lot located along Spruce Cape Road; and 14 15 WHEREAS, after holding a publically advertised meeting and consistent with KIB 16 17.205.050, the Commission voted to expand the area under consideration for rezone; and 17 18 WHEREAS, the Commission held a second public meeting to review the rezone of nine 19 (9) lots; and 20 21 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 22 compact group of parcels be rezoned finding that the public necessity, convenience, and 23 general welfare and good zoning practice would be forwarded by such action; and 24 25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 26 and approved by the Borough Assembly. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is not of a general and permanent nature and shall not 32 become a part of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: Lots 7A, 7B, 8, 9A, 9C, 9D, 10A -1, 10A -2 and 10C, U.S. Survey 3099 are 35 rezoned from R1- Single Family Residential to R2- Two Family Residential. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 38 are hereby confirmed as follows: 39 40 17.205.020 A. Findings as the Need and Justification for a Change or 41 Amendment. 42 43 There was no need or justification for rezoning a single lot in a neighborhood 44 to a zoning district different than the surrounding area. Such a rezone will 45 be out of place spot zoning in the context of being totally surrounded by 46 other R1- Single Family zoned land. The petitioners of Lot 10A -2 requested 47 the rezone initially, but good zoning practice would discourage the treatment 48 of this one lot to a different set of development standards than any of the 49 surrounding lots currently enjoy. 50 51 The Commission expanded the rezone area which now goes from the waste 52 water treatment plant to Cutoff Road and which is bounded by Rezanof Kodiak Island Borough Ordinance No. FY2012 -13 Page 1 of 2 53 Drive on the north and Spruce Cape Road on the south. This rezone area 54 makes more sense as R2- Two - family Residential is predominately the same 55 zoning that has been applied eastward beyond the waste water treatment 56 plant to most of those lands outside the City of Kodiak which are served by 57 municipal water and sewer. For reasons of access to roads and utilities, 58 comparable lot sizes and the compact and discrete configuration of this 59 rezone area the application of R2- Two - family Residential zoning would be 60 appropriate. 61 62 17.205.020 B. Findings as to the Effect a Change or Amendment would 63 have on the Objectives of the Comprehensive Plan. 64 65 The 2008 Kodiak Island Borough Comprehensive Plan Update recommends 66 this area for Urban Residential and though consistent with the goals and 67 objectives of the comprehensive plan, the rezoning of a single lot (10A -2) 68 should be considered in the context of a larger neighborhood rezoning. The 69 consideration of a discrete rezone area as expanded by the Planning & 70 Zoning Commission, supported in writing by a substantial number of affected 71 property owners, is a better indicator of whether the proposed change is 72 appropriate under the applicable plan goals and objectives. This is assuming 73 that the Commission has also determined that the rezone area is appropriate 74 for land uses allowed in both R1 or R2 zoning districts by virtue of access to 75 major roads and utilities and the lots are sized appropriately to support 76 permitted and conditional uses in both districts. 77 78 17.205.020 C. Recommendations as to the approval or disapproval of 79 the change or amendment. 80 81 The Kodiak Island borough Planning and Zoning Commission recommends approval 82 of this rezone request. 83 84 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 85 THIS DAY OF 2012 86 87 88 KODIAK ISLAND BOROUGH 89 90 91 92 Jerome M. Selby, Borough Mayor 93 94 ATTEST: 95 96 97 98 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -13 Page 2 of 2 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES September 21, 2011 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the September 21, 2011 regular meeting of the Planning & Zoning Commission at 6:37 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance ROLL CALL Committee members present were Brent Watkins, Casey Janz, Bill Kersch, Alan Torres, Jay Baldwin, Alan Schmitt, and Rick Vahl. Community Development Department staff present was Duane Dvorak and Sheila Smith. A quorum was established. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the September 21, 2011 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER BALDWIN MOVED to approve the August 17, 2011 Planning & Zoning Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 12 -002. Request a rezone, of 7A, 7B, 8, 9A, 9C, 9D, 10A1, 10A2 and 10C, USS 3099, according to KIBC 17.205 & 17.80 from R1 Single - Family Residential to R2 -Two Family Residential. The applicant is the Planning & Zoning Commission. The location is various addresses from Cut Off Road to the Water Treatment Plant and the zoning is R1- Single Family Residential. CHAIR TORRES recused himself due to a conflict with Case 12 -002. Dvorak reported 42 public hearing notices were sent out and 1 response was received in opposition. Staff feels this request is consistent with the Comp Plan's Goals and Objectives and recommends the commission forward this to the Assembly recommending approval. COMMISSIONER SCHMITT MOVED to recommend the rezone of Lots 7A, 7B, 8, 9A, 9C, 9D, 10A -1, 10A- 2, and IOC, U.S. Survey 3099, from R1- Single Family Residential to R2 -Two family Residential and forward this case to the borough assembly with a recommendation for approval. The public hearing was opened & closed: There was no public testimony. Discussion 9/21/2011 Page 1 of 7 P &Z Minutes FINDINGS OF FACT 17.72.020 A. Findings as to the Need and lustification for a Change or Amendment, There was no need or justification for rezoning a single lot in a neighborhood to a zoning district different than the surrounding area. Such as rezone will be out of place spot zoning in the context of being totally surrounded by other R1- Single Family zoned land. The petitioners of Lot 10A -2 requested the rezone initially, but good zoning practice would discourage the treatment of this one lot to a different set of development standards than any of the surrounding lots currently enjoy. The Commission expanded the rezone area which now goes from the waste water treatment plant to Cutoff Road and which is bounded by Rezanof Drive on the north and Spruce Cape Road on the south. This rezone area makes more sense as R2- Two - family Residential is predominately the same zoning that has been applied eastward beyond the waste water treatment plant to most of those lands outside the City of Kodiak which are served by municipal water and sewer. For reasons of access to roads and utilities, comparable lot sizes and the compact and discrete configuration of this rezone area the application of R2- Two - family Residential zoning would be appropriate. 7. 020 B Findings as to the Effect a Change or Amendment would hav on the Obj of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Urban Residential and though consistent with the goals and objectives of the comprehensive plan the rezoning of a single lot (10A -2) should be considered in the context of a larger neighborhood rezoning. The consideration of a discrete rezone area as expanded by the Planning & Zoning Commission, supported in writing by a substantial number of affected property owners, is a better indicator of whether the proposed change is appropriate under the applicable plan goals and objectives. This is assumes that the commission has also determined that the rezone area is appropriate for land uses allowed in both R1 or R2 zoning districts by virtue of access to major roads and utilities and the lots are sized appropriately to support permitted and conditional uses in both districts. ROLL CALL VOTE ON MOTION CARRIED 6 -0. (Alan Torres recused) With no objection from the commission, CHAIR TORRES moved agenda item 7 -C, Case 12 -013 before 7 -B, Case 12 -012 to allow a public member time to arrive to testify. CHAIR TORRES returned to the regular meeting. C) Case 12 -013. Request a review of land disposal of a Portion of Tract C, 13k 2, USS 4871 for less than fair market value to the City of Ouzinkie to use for public water storage and communications purposes and other public purposes beneficial to the borough. The applicant is the Kodiak Island Borough. The location is the Ouzinkie School Site and the zoning is PL- Public Use Lands. Dvorak reported the commission has seen this site recently for Variances for communication facilities and in that investigation it was shown that there's an area 20 or so years ago set aside for a water storage tank but the utility easement that was approved for disposal but wasn't recorded. The City of Ouzinkie may be better positioned to manage these utilities in their community to operate and take liability for. Rather than creating an easement it would be better to do a disposal of this portion of land. Forty two public hearing notices were sent out and no responses were received. COMMISSIONER SCHMITT had requested an alternate motion with a condition of approval specifying that the surveying costs would be borne by the City of Ouzinke; staff has provided that Staff recommends approval. COMMISSIONER JANZ MOVED to adopt Planning & Zoning Commission Resolution No. FY 2012 -02, subject to one (1) condition of approval, and to adopt the findings in that staff report dated September 21, 2011, as "Findings of Fact" for Case 12 - 013. The public hearing was opened & closed: There was no public testimony. Discussion of easements and platting. 9/21/2011 Page 2 of 7 P &Z Minutes HubI1c Hearing item ( -A P &Z September 21, 2011 (glalMerla Location Request: A rezone, ce7G , 7[3„ o ° ° c 0 9 0 A 9 P b E Case Q 92 -002 90A2fi C-I 9CC,Ltlffl 3099„ according go K0IBC 97.205 P &Z Commission b 97.80 from nil Single- Family Residential m GSTwo Fami y Residential. e #Nryt toty 7:47 , ` 0N g Go `ES DraNE r� 4 P Je e -3' ‘k'' . • ' A� �O 9 :s ue :� • li ') pgg A . - .b�5 GP �� G 0 II �� S S I US Sg' IV e ® ce � Legend f!I O r, Ir!H y. Subject Parcels USS 1822 ' ' C > , Kodiak Island Borough GIS System A t 0 215 430 860 1,290 1,720 Feel 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. 12 -002 Introduction Page 1 of 6 Public Hearing item / -A P &Z September 21, 2011 \CO .Q.* 0 \ 1C2CC 0 O 0 0 O O K Case No. 12 -002 Introduction Page 2 of 6 Hubllc Hearing Item f -H P &Z September 21, 2011 n Kodiak Island Borough Zoning Map Community Development Department lk @mute Zoning Request: A rezone, CQ Ki (1 M N ° nAM% P bb Case 0 92 -002 9 0A2O11C'.I 9Co0 Ma 3099 according lb KIBC W2®5 P &Z Commission a 97.80 from 139 Single- Family Residential PD oTwo Family Residential. 4 1� 0 215 430 860 2^ I t t I t t t I (e l" i., Feet g`` c g DRIVE N 1 N P 4 7 P 4 KOO b . , ie ‘ ° e s P 3g6g IIII ®i t , Sari ro Ug5 • ligi lit GP ;� 0 ititt41013'fi9 "As OO )PQ4 O 1 a1 L. • � 3 gg,,. V o fk S ‘‘ Or Le Subject Parcels P y � s it Zoning Legend Public Use Lands I Rural Residential 1 Multi Family Residential I Light Industrial A ' Watershed I I Rural Residential 2 l:` , I Business I Rural Neighborhood Commercial Conservation Single Family Residential I I Retail Business Urban Neighborhood Commercial Rural Residential 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. 12 -002 Introduction Page 3 of 6 Huolic hearing item / -A P &Z September 21, 2011 O 00 \I .2 0 k \‘' Case No. 12 -002 Introduction Page 4 of 6 Hubuc hearing item ( -A P &Z September 21, 2011 (gamma Location Request: A rezone, d i 774 o ° ' ° c ° 0 9) 90 P b E Case (392 -002 9 @D J 9© UN 3099 according Qt 14113C W205 P &Z Commission e 97 from G°39 Sin Family Residential QD Two - Resident G Fmk al. 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' ' ;a 4_ a - Legend C. w 9 i T . � . a In.: x s ' . ♦ b <` .. } . `• { i'" " l x n _ ti$ a.�'4. it- Subject Parcels lY r . t A. t t , r d` �e r i, s r j fxF .4' \c t;. J d a • r(4 yy $$ !� e fy ::•••• , ` at- 1 k ` � Y � < N ri y 1 4 ' a t - .. + - f .4:. f n .l �. iffy a* ..e..-2 1 �� � � , b ¢ p r " 'r'�i, i r �•� s <� f „ ' a , ° Kodiak Island Borough GIS System • i....„,,,, n 0 60 120 240 360 480 Feet This map was prepared fmm the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general lonWn of ag propedy 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 (90]) 486 -9333. Case No. 12 -002 Introduction Page 5 of 6 Hublic Hearing Item ( -A P &Z September 21, 2011 O \./ 0 4 k .\\ O Case No. 12 -002 Introduction Page 6 of 6 P &Z September 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 8, 2011 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 21, 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: 12 -002 APPLICANT: Planning Commission REQUEST: A rezone, of 7A, 7B, 8, 9A, 9C, 9D, 10A1, 10A2 and IOC, USS 3099, according to KIBC 17.205 & 17.80 from RI Single - Family Residential to R2 -Two Family Residential. LOCATION: Various addresses from Cut off Road to the Water Treatment Plant ZONING: RI -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, September 6, 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(i4kodiakak.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, September 14, 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. 12 -002 Public Comments Pane 1 of 6 P &Z September 21, 2011 Current Location Request a rezone, of 7A, 7B, 8, 9A, 9C, 2610, 2680, 2726,& 2746 Rezanof Dr. 9D, 10A1, 10A2 and 100, USS 3099, 2713 Spruce , Spruce Cape , Cape Rd. 2705, . according & 2 713 S din to KIBC 17.205 & 17.80 from 2 P & Z Case 12 -002 R1 Single - Family Residential to Planning & Zoning Commission R2 -Two Family Residential. Wir , 0 ` aro �O �^ ti ,- cn J el" 4) ,a a 00\-4P E DRIVE N KO 0 PP S J z Jam\ A Ak E ge '"cF oRN 0013\ � in c o CO ( N 3469 9 l 000 U S g�9 � D ROAD ® x > � fi all. �� p � st �� a fi s ,N P s IQ i / Kodiak Island Borough GIS Legend N I I Subject Parcels W E L Feet NV o 250 soo t 1,000 O Notification 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)489-9333. Case No. 12 -002 Public Comments Paae 2 of 6 P &Z September 21, 2011 PATRICK ADAMS ALASCOM INC UNIVERSITY OF ALASKA 2546 SPRUCE CAPE RD PROPERTY TAX DIVISION COLLEGE, AK 99735 KODIAK, AK 99615 P.O. BOX 7207 BEDMINSTER, NJ 07921 WATSON ARNOLD MARTIN BELARDE TOMMY BOYER 2695 SPRUCE CAPE RD P.O. BOX 1929 P.O. BOX 971 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 AMALIA BRAVO TIMOTHY BURCH - ALVIN BURCH 25172 SANSOME ST 9620 RIMROCK CIRCLE P.O. BOX 884 HENIET, CA 92544 PRESCOTT VALLEY, AZ 86314 KODIAK, AK 99615 JOHN DONAT KEVIN ERICKSON JAMIE FAGAN 1918 MILL BAY RD 2674 SPRUCE CAPE RD P 0 BOX 2140 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DEL GREEN CRAIG GUSTAFSON RON HERNIANSON PO BOX 2211 PO BOX 8573 2520 SPRUCE CAPE RD #1 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TODD HUBERT STARLETTA JACKSON PHONPASACK KEODOUANGDY 750 CUT -OFF ROAD PO BOX 1215 635 ANDERSON WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARK KEPLINGER KODIAK DEVELOPMENT, LLC KODIAK ISLAND BOROUGH 758 JACKSON LANE PO BOX 2310 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOE MACINKO CARLOS MENJIVAR ETAL PATRICK MULLAN SR LIVING 2625 SPRUCE CAPE RD PO BOX 1089 TRUST KODIAK, AK 99615 KODIAK, AK 99615 2680 E. REZANOF DR KODIAK, AK 99615 SHARON NELSON TED NUSSBAUM JOAN PELLOSIS ETAL 2695 METROKIN WAY P O BOX 8981 728 CUT-OFF RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JUAN PENALOZA CARLOS RILEY DONNA RUCH 3155 SPRUCE CAPE RD 2557 SPRUCE CAPE RD 2608 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 12 -002 Public Comments Paae 3 of 6 P &Z September 21, 2011 JOHN RYAN PAUL SCHWEIBINZ SECRETARY OF VETERAN'S AFFAIRS 2593 METROKIN WAY PO BOX 1443 C/O BANK OF AMERICA, ATTN: VA KODIAK, AK 99615 KODIAK, AK 99615 REO 2375 N. GLENVILLE DR RICHARDSON, TX 75082 SKANA ENTERPRISES INC CARL SMITH AARON STILL P O BOX 2852 PO BOX 8913 PO BOX 3102 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ALAN TORRES ANTONIO VELASCO JEFF A WADLE 2746 REZANOF DR E PO BOX 8025 2692 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CONCEPCION WOLKOFF WILLIAM ZIMMERMAN BARBARA ZIMMERMAN P O BOX 2879 PO BOX 2261 PO BOX 910 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 12 -002 Public Comments Paae 4 of 6 P &Z September 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486 -9363 August 8, 2011 _ Public Hearing Item 7 -A PUBLIC HEARING NOTICE • A public hearing will be held on Wednesday, September 21, 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: 12 -002 APPLICANT: Planning Commission REQUEST: A rezone, of 7A, 7B, 8, 9A, 9C, 9D, 10A1, 10A2 and IOC, USS 3099, - �a according to KIBC 17.205 & 17.80 from RI Single- Family Residential to R2 -Two Family Residential. LOCATION: Various addresses from Cut off Road to the Water Treatment Plant ZONING: RI - 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, September 6, 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(iakodiakak.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, September 14, 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: O yy� u' ��G j /!� malting Address: (36>( 2 7 / Your property description: /� q Lo / 5 Y it A Cj Comments: vo T T4- /4r - <' (/4 1 7 ter" COL(!/ /S l (!ar 4 ✓e4 M4,t25 t to 7s; vr 'ei ti, Tara tc a I.' , / , ' S4 s ,,e ,e ' I; I.', y /�s' �t L G /�, �a j n 7 t' Ay/ mere f/ai /3-cry,i a!leia 4,5 ( ✓/ ` c5 %c) Glr4vr Y. l h , nfl /Y /G H4 fro. /97? L</ SG //, b ;d40 4 rY/'q,L -✓ G0 €, l / y r l 2 Lo / (CA - 1 /O,P'L 1.2 e .r.4 2 � k8O f" 407 / r -✓ j z r s s t <-1.- ,1y67 q r4 , /7. , 6 /r7wte c e 4 S. 1 1 to -ce / it /j4i,acO' 1 ,l 05 ;✓!cif tl GO ander "it en / 5�( /e 4-.7 ✓/, D © .El V M E D AUG 222011 COMMUNITY DEVELOPMENT DEPARTMENT Case No. 12 -002 Public Comments Paae 5 of 6 P &Z September 21, 2011 \U O O O O O O O O C\. Case No. 12 -002 Public Comments Paae 6 of 6 P &Z September 21, 2011 MEMORANDUM Date: September 3, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the September 21, 2011 Regular Meeting Case: 12 -002 Applicant: Kodiak Island Borough Planning and Zoning Commission Request: A Rezone of Lots 7A, 7B, 8, 9A, 9C, 9D, 10A -1, 10A -2, and 10C, U.S. Survey 3099, according to KIBC 17.205. & 17.80 from R1 — Single Family Residential to R2 — Two Family Residential Location: 2625, 2680, 2726 and 2746 Rezanof Drive & 2625, 2679, 2695, 2705, and 2713 Spruce Cape Road. Zoning: R1 — Single Family Residential. Forty -Two (42) public hearing notices related to this request were mailed on August 8, 2011. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Residential Unclassified. Ordinance 80 -9 -0 rezoned the lot to the RR -Rural Residential Zoning District. Ordinance 83 -15 -0 rezoned RR zoned lots to the RR1- Rural Residential One District. This lot and neighboring lots were rezoned to R1- Single Family Residential by Ordinance 84 -34 -0. In 1984 Case 84 -026 was heard in an effort to rezone Lots 7, 8, and 9 from RR1 — Rural Residential One to R3- Multi - Family Residential was denied. This case was brought to the commission as a result of newly installed water and sewer lines. In 1991 Case 91 -53 was before the commission to rezone Lots 10A -1 and 10A -2 (along with other lots) from R -1 Single Family Residential to B- Business. This request was denied. Case 09 -012 was heard by the Commission that would have rezoned Lot 10A -2 from R1- Single Family Residential to R3 — Multifamily Residential. That request was denied by the commission. Case No. 12 -002 Staff Rot. Expanded Area Paae 1 of 6 P &Z September 21, 2011 2. Lot Size: Various Sizes from .17 to .74 acres 3. Existing Land Use: Single- family Residential and vacant 4. Surrounding Land Use and Zoning: North: Rezanof Drive and Kodiak Collage across Rezanof Use: Institutional Zoning: PL— Public Use Lands South: Spruce Cape Road. Use: MHR (Mobile Home Residential) and mobile home park Zoning: R1 — Single Family Residential & R3 — Multi Family Residential East: Lot 13A U.S. Survey 3099 Use: Water Treatment Plant Zoning: PL — Public Use Lands West: Cut — Off Road Use: Single Family home and Vacant land. Zoning: R1- Single Family Residential 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan identifies the proposed future land use of the proposed rezone area Urban Residential. Title 17 Zoning KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.030 Manner of initiation. Changes in this title (request for a rezone) may be initiated in the following manner: B. The Commission upon its own motion KIBC 17.205.050 Boundary change may include additional property. When the commission deems it necessary or expedient, it may consider other property for change or amendment in addition to the property described in the application for change in the boundary of a district, and may include such additional property in the notices of public hearing and consider amendments relating to such property at the public hearing. Case No. 12 -002 Staff Rot. Expanded Area Paae 2 of 6 P &Z September 21, 2011 KIBC 17.205.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Comprehensive Plan The Comprehensive Plan Map identifies this area as "Urban Residential." It is served by a Spruce Cape Road, which is classified as an "Urban Collector, and by Rezanof Drive which is classified as a "Minor Arterial" The area is served by pubic water and sewer and power utilities. It is located close to East Elementary School, Kodiak College and reasonably close to Safeway. There is a mix of residential uses occurring in this general area. The lots on the north side of Spruce Cape road are zoned R -1 and the use located there are single family homes. Across Spruce Cape Road, there are a number of Mobile Home residences (MHR). These mobile homes are considered single family residents and consist of one trailer on one lot. Also a portion of Jacksons Trailer Park which is zoned R3 fronts on Spruce Cape. The Comprehensive Plan does not get specific as to the proposed density of development in any given area of the community. The plan map tends to flow from the existing land use (and zoning) pattern so that zoning changes such as the one proposed in this case do not appear to be a major change. ZONING /USE: The zoning request is for 9 (nine lots) and consistent with the comprehensive plan that identifies the area for "Urban Residential ". There are differences between the Uses found in the R1- Single Family zoning district and the uses found in the R2 -Two Family Zoning District. So besides just increasing the density of the neighborhood, there are additional uses that are allowed in the R2 -Two Family Residential District. These additional uses may be intensive in nature. Case No. 12 -002 Staff Rot. Expanded Area Paae 3 of 6 P &Z September 21, 2011 Below are the uses found in the R2 — Two Family Residential District. KIBC 17.80.020 Permitted Uses A. Accessory buildings H. Parks and Playgrounds B. Beauty Shops I. Professional Offices C. Churches J. Schools D. Clinics K. Single Family Dwellings E. Greenhouses L. Two Family Dwellings F. Home Occupations M. Vacation Homes G. Hospitals N. Bed and Breakfasts The uses that are not highlighted are the uses permitted in the R1 zone. The uses highlighted in Yellow are found in the R2- Two Family Residential district as permitted uses and are not found in the R1- Single Family Zoning District. LAND SUITABILITY: The parcels of land subject to this rezoning investigation are not topographically constrained and will allow for good building sites if zoned R1 or R2. Its adjacency to Spruce Cape Road and Rezanof means that it is served by roads capable of sustaining any additional traffic. There is room on the developed lots to provide the additional three parking spaces that are required should a rezone to a higher density occur. COMMENTS This case was postponed from the August 17 regular Planning and Zoning Commission meeting to allow the commission to review a larger area for consideration. Additionally, the original applicant, Mr. Del Green, has provided a petition of sorts signed by most of the affected residences and property owners affected by this rezone request. There is generally support to rezone the area from R1- Single Family Residential to R2 — Two family Residential by petitioners. RECOMMENDATION Staff recommends that the Commission approve this enlarged area of consideration and that it be rezoned from R1- Single Family Residential to R2 — Two family Residential. Case No. 12 -002 Staff Rot. Expanded Area Paae 4 of 6 P &Z September 21, 2011 APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend the rezone of Lots 7A, 7B, 8, 9A, 9C, 9D, 10A -1, 10A -2, and 10C, U.S. Survey 3099, from R1- Single Family Residential to R2 -Two family Residential and forward this case to the borough assembly with a recommendation for approval. Staff recommends that this motion be approved by the commission. Should the commission agree with staff, the following findings of fact should be adopted. 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. There was no need or justification for rezoning a single lot in a neighborhood to a zoning district different than the surrounding area. Such as rezone will be out of place spot zoning in the context of being totally surrounded by other R1- Single Family zoned land. The petitioners of Lot 10A -2 requested the rezone initially, but good zoning practice would discourage the treatment of this one lot to a different set of development standards than any of the surrounding lots currently enjoy. The Commission expanded the rezone area which now goes from the waste water treatment plant to Cutoff Road and which is bounded by Rezanof Drive on the north and Spruce Cape Road on the south. This rezone area makes more sense as R2 -Two- family Residential is predominately the same zoning that has been applied eastward beyond the waste water treatment plant to most of those lands outside the City of Kodiak which are served by municipal water and sewer. For reasons of access to roads and utilities, comparable lot sizes and the compact and discrete configuration of this rezone area the application of R2- Two - family Residential zoning would be appropriate. Case No. 12 -002 Staff Rot. Expanded Area Paoe 5 of 6 P &Z September 21, 2011 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Urban Residential and though consistent with the goals and objectives of the comprehensive plan the rezoning of a single lot (10A -2) should be considered in the context of a larger neighborhood rezoning. The consideration of a discrete rezone area as expanded by the Planning & Zoning Commission, supported in writing by a substantial number of affected property owners, is a better indicator of whether the proposed change is appropriate under the applicable plan goals and objectives. This is assumes that the commission has also determined that the rezone area is appropriate for land uses allowed in both R1 or R2 zoning districts by virtue of access to major roads and utilities and the lots are sized appropriately to support permitted and conditional uses in both districts. Case No. 12 -002 Staff Rot. Expanded Area Paae 6 of 6 2009 Air photo Page 1 of 1 I g)IF, IUB_ArcGIS_Explorer Online 'I - I • ° n.: do II CND 402t° I - 4121 • a '1J.- J, r i x x •-. r f r :" a 'T .,, y e fi # °: 4Y .. .∎ h w r, N + REZANOF - ' -r 'c ? `� `Z''' e , *4 4 ° r r , • � i ' ' �..- ^'r'.. K Aid �. A.t 1 + 'h1`f , i i • "' .rPti , � ° NI I� _ r b Rezone Reguest r `1 ,, , . ., o da< ,f; , 4 . , e a b m Area Of s ° Y; ; � Wol ,, 11' j, ay N I 1- ` . k_ R � ` ' # i. ti ., a .. t W yw N. Sii + ,it � N ti ; .�, e ' l: D_ it1? [ �i� � ° 61 y ' Y t: ' >_ .. r. -• �" ♦ x -0 4 u ° 2„)„. Ek e t / : ? TORRES ALAN JOY f f:"" c ia3, IN ,..,,, , . h, • . '" a J . i x J ° ° 4 lc it ties/',. el" �_,+^ i 1 J p$ „gre 1 ; BRAVO :r + .. �J , r i a . *4 S��. _ }i +t G,.. ` IN 0 � ”- , , L' U 7 y r s F Q ,r 4 ._ -' 1 .. J \ ° F it, -^ '•.` . 1 1 , y L" ,•f '• n ° 1 °. r i ' ' `� 0 fr ele \ ` , O t t ! .�r, t - � • •. 1�'tjTRUST,PATRICKMA01A ;s o 'i `��� 1 k� 9 �' 1 . � i• � �Aw? ... � ", O n `, �` '� O • 4' MACINKO � y /� y ti ,.. Z . 9 P -' . 1 i i t M1 d. `�'.. i° +'" Y` p• r °I e+ r � � r•a474,7a3 UT ". + • r:; ',` SPRUCE` CAPE V „ ,, ROA ) \I LL ' MACINKO JOE ,�r + , . .1 - - o ` L _ s , I .t•` F WADI F JEFF A AUZ ANNE,r u .L http://exp , rer. arc . > .com /? open =l ca27d82be614e34886b4a22003fedd4 9/3/2011 P &Z September 21, 2011 0 '41(2 Ccult 2- 1 ( Ca12 1 2 - 00 Petition: Individuals supporting the change in zoning from R1 to R2 for their respective lots. I hereby request my lot located at the address below to be changed from R1 to R2 residential zoning Name: 3,// zi -r v ..mot Address: 2 7 0 Jam ..5"..5" � Signature: 3 l Date: 7 ? - // I hereby request my lot located at the address below to be changed from R1 to R2 residential zoning Name: 30 g 1 9 ' c c 1✓\ k 0 Address: C C t a / v� Signature: Date: 7_ / 5 ^ ) / I hereby request my lot located at the address below to be changed from R1 to R2 residential zoning Name: °Kr Arre) I cl Address: i 9 • rule is t? Signature: � Date: 11 IA j 2-Ol) I hereby request my lot located at the address below to be changed from R1 to R2 residential zoning Name: lL & ne-S 4 ( iTh Address: • S oLe ( yt \ Signature: Date: ' t� ' 1\ • / Case No. 12 -002 Appendix Paae 2 of 27 P &Z September 21, 2011 RR L an S. DLI + - - -4t r kes ti its MjhS j 142 i/1 &ipprt: _T; 7C „, ;A4za.C, /V 7 rer er/ n'/ % -za Case No. 12 -002 Aooendix Pace 3 of 27 P &Z September 21, 2011 &more Location Request: Q rezone COLtCQ90A -2, M. i 3099, P F3 E Case 13 92 -002 according Qo KIBC 9V el 971.80, from t -Single-family Residential Q) M. Residential D20 Lloyd Cuaow e.ra....��� ..�_ uss 3469 3469 ��I ci ��v 4 O try ® ®� �� F O�. 4 • , 4 . , 1 ' at P/A44744 ��t t, N tt w � EtarvE N ii , E r tt GPs At 110 o 2 J t J2 i s 0 .. 916 \W. n �/� 9p 0 26 ,I il U SS �� v� �� Legend �4:� V S :-. - tine ,(1 �o . Q Subject Parcel .. jk <\ lak lill , IA ..9309., ., ° o 4 110 ee�,e� r 4- \ b / T P h Kodiak Island Borough GIS System 0 220 440 880 1,320 1.760 Feet The 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 witNn the Kodiak Island Borough. The 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. 12 -002 Appendix Pape 4 of 27 P &Z September 21, 2011 S D . o 0 ,c I nthn ! ona y C b 1 ank Case No. 12 -002 Aonendix Paae 5 of 27 P &Z September 21, 2011 �t ' Kodiak Island Borough Zoning Map Community Development Department @MUM Zoning Request: A rezone dila9 -2, arm 3099 p b g Case 0 92 -002 according In KIBC ITYMA W.80, from R1- Single- family Del Lloyd t Residential Quo MoTwo- family Residential 44 \ 0 220 440 88t I I I I 1 I I I 1 k � g Feet 1 r . .. op , P e J ,., ia S ® Y` * ;*., n • ®]] ®® a O�� � � , z f `p , .om Legend F o� Subject Parcel I S ,,, S 3pg 55 o c c7+ es ( 7 CY <I' e ,> 1 4 Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential Light Industrial r ea Watershed I I Rural Residential 2 I 1 Business I Rural Neighborhood Commercial Conservation I Single Family Residential I Retail Business 1 Urban Neighborhood Commercial I Rural Residential Two Family Residential I Industrial I I 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 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. 12 -002 Appendix Paae 6 of 27 P &Z September 21, 2011 \o 0 0 0 O 0 0 o� O Case No. 12 -002 Aooendix Paae 7 of 27 P &Z September 21, 2011 Image Overlay Request: GQ rezone COW 90A -2, Mrs, Et3aggRagY 3099 P b E Case 01:12-002 according ft) KIBC 1.17M al 957. 80, from 6°39 - Single - family oL1 Lloyd r Residential Q� G&Two- family Residential � Legend • ! i f. �. 1X X , 9�' N i f 1 i t t , Yl 4 't�. t j • / k ✓ i � �J a P.. � F th II Subject Parcel ,..z r S Vx'A � „ad r :! ' C e , ° i , .? 4 `Y ... ,T�.(3.` %` t t r1 r ✓s f ♦ xr lift' 4 '(`,r e r r 0 9'p a � Y -4" o � h 1 . s ,' • , C n\ ., ,'" 1 'f •} e i '11:11-41.. .^C,1 is z l .4 Y ry. -,' t E r AN.' . .t t ry {t.1 Z T ' . .... ,.r ..�c. iry�`^,r'': `c ✓ u +U; Vil' 1 I' - � L j , j . * ag Yt. 1' Z 'jam *,f-C ,k'• i i it o• 4 K t 4 ,. »Z yp+s e tt , 1,'^ • ' � -- t•+ A. f C ` �� • - - --l} • R • �ii yy ' t, x r '1t h ,jy ,t , Y r k 1 l s.*A n• l . ' ^ • a �k. Y '! }• � `' 4 � � 4+ " n.:^,,,;-.A. 6 4 � „ � �. A. ' 14. a! i 1 •'d'• r 1(t-1; P' V —w t ' : Mr . , 4 * „.'+q 1' :E .t . \ a ,- t- --..r. .9r' •u 4 - "a. _ _ ;y,, v ,r C- .-. ',.# t v • t , ` a.I!}. <, y�4 Y{ Jyy r � .11A 1�' r •J' t XV r t V � t d - . — ry ' r 1 vh �r b ) t e u }, S l a c u r,: YS A c ✓ .y , 0,a3.. / t t 9 r !.' t ( i n • a fir , � '4N°4- 1 Y . r r %, 1 p r o * t � i t + - 1:‘,..e C � wth 1, S ^. . .a \ p � tiff _ o f I � , k'♦ " ( r • Y ` t 'u. `4,,, W • t- J.“' `.dt .S d - '§ CV ' 1 w t ..e"ew.t+r- r A _n p Kodiak Island Borough GIS System A r , 0 45 90 180 270 360 Feet This map was prepa from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the genial location of a property within the Kodiak Island BomugM1 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. 12 -002 Appendix Paae 8 of 27 P &Z September 21, 2011 \C.O O O O O k .\\ Case No. 12 -002 Aooendix Paae 9 of 27 P &Z September 21, 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 et/ LA" 6reer, Property ? 7 3350 / 0010/ Property owner's name I'D Pox 72 /l 6orJoi4 -2 ids S..n 79rl99 Legal Descriptfon Property owner's mailing address tot a l At 'I / /C . Current Zoning: RI S:n (..... // City State Zip Applicable Comprehensive Plan:. 7 /99 907 -7�y �,fi�9 DeU/ T � 6 .eer 2 ay Year of Plan adoption: Q Home phone Work Phone E -mail Addr. Present Use of Property: .57,74 Agana /y ReItY C- Agent's name (If applicable) Q(— / / O /.5 Agent's mailing address Proposed Use of Property: Sr ^,/c ,C/ y 'f-eJ City State Zip t3ii Amo. 14 Al • ,P Z- 747-v / / do_.rfi.;L 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. / Additional NarreUve/History _ As -built Survey _ Photographs _ Maps _ Other .51/4P41 .idefre•- Property Owner's Signature Date A orized Agent's Signature Date 1A 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, 01993 by Rutgers University) STAFF USE ONLY PAYMENT VERIFICATION -r I I l ' Code Section(s) Involved: /7 �® C- ogd ��� ��) , I a ,� - Variance (KIBC 17.66.020) 5250.00 Fee Schedule: Conditional Use Permit (KIBC 17.67.020.B) $250.00 (per KflJ emblyJ } #lution Other (appearance requests, site plan review, etc.) $150.00 fstT. July 1, 2005) /Zoning change from R/ to it. (KIBC 17.72.030 and 030.C)• Kodiak Island Bort r t L ess t'S`.f 1 lL ; 1 Applicaf re�,eived by: ` 5.01 to 40.00 acres 51.000.00 d> 2�///// 40.01 acres or more $1,500.00 Staff signature 1 .Oi Case No. 12 -002 Aooendix Paae 10 of 27 P &Z September 21, 2011 Del L. Green 2713 Spruce Cape Kodiak, AK 99615 June 1, 2011 Mr Lydick Borough Planner Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Subject: Rezone Request for 2713 Spruce Cape Road Dear Mr. Lydick: I am requesting the re- zoning of the above described residence from RI residential to R2 residential to allow for the rental of a 1 bedroom apartment that was constructed into the residence before I purchased it. The apartment does not face the street and will not change the street side view of the property and should create no adverse impact to the neighborhood. I have discussed this topic with 4 land owners that would be directly affected by the change in zoning. Residents on the listed addresses have voiced support of the rezoning that may include their respective properties. The addresses are as follows: o 2705 Spruce Cape Road o 2695 Spruce Cape Road o 2625 Spruce Cape Road o 2610 Rezanof Drive East o 2746 Rezanof Drive Ease I have had conversations with a relative to the elderly owner of 2680 Rezanof. Although I did not get a verbal voice of support, the relative seemed that the zone change would be acceptable to the owner. It is understood by all of the owners that I had discussions with that it would be likely that the whole area between the treatment plant and Cutoff Street between spruce cape and Rezanof would need to be change to eliminate the creation of a spot zone. This zone change to R2 will provide buffer between R 1 and R3 uses located across the street from 2713 Spruce Cape road as well as a buffer between RI and the municipal /industrial type use of the sewage treatment plant. As far as I can foresee, there will be little change to the neighborhood of any of the adjacent areas as most of the lots involved have already been built on. Case No. 12 -002 Appendix Paae 11 of 27 Page 1 of I 4 ESRI ESRI Support Center Help Kodiak Island Borough 07.-a " w -. Y 1 �)� -- !"t e, S �. "� u 14b ° c� '' / ,. 1 c\ tom' - y 4 a , t i t+ .,.. l �! �•^!� r .. rte .r _,` ; s ' .o NS JI r .. f_4 , , ' - ?A \ . �itl t 1 � \% \ r i O L A t \ . 1 ,, L_ 11 • ,..• J 7 •fl7 X� (� \ Zi t nL' - ,LrI; . i e .--, - 7 - ED • O P � ,..�._ .9 _ 705 \ .2779) . S a T . ... k . , r \ . .icn-s { 1 0 , -- - • C i p t �.� RGU- is .. ._. .._ S•� D �` :LS z.y4 }� E u r C 1 1 y t � p 7t• .. r l � 1 t N.ZEI � , C9V�7 4 r r ' \ \`��l (. { \� t �� •1� �`a ' r = 1 � il % \ . Y' -, • . .. " \, r 4 � �„' ` ✓ . r te 1 ,. `. i ' " co ► r 2 '�+ ,.�4p t3 . • ' . •te 1 ', • i r "- � , t � . -. � "7 G . r— �. lr r o' ; o • o � _ . ci , i " Fi'_ ise`` a.ccti r :-"t\,- 'n .. . 4 1 � `.l tr t - .. . ,! '' ' . 4 . � 7 Vim _ }} , ma y / " t Z ' � � C +447 O N v 90 N CD m m 3 o t co N N O 3/10/2011 http: / /gis.kodiakak.us/KIB/ P &Z September 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 June 8, 2011 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 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: 12 -002 APPLICANT: Del Lloyd Green REQUEST: A rezone of Lot 10A -2, U.S. Survey 3099, according to KIBC 17.205 & 17.80, from R1- Single - family Residential to R2- Two - family Residential. LOCATION: Lot 10A -2, U.S. Survey 3099, 2713 Spruce Cape Road 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, July 5, 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 ssmithna,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, July 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. 12 -002 Aooendix Paae 13 of 27 P &Z September 21, 2011 Current Location Request a rezone of Lot 10A -2, U.S. Survey 2713 Spruce Cape 3099, according to KIBC 17.205 & 17.80, Road from R1- Single- family Residential to P & Z Case 12 -002 R2- Two - family Residential. Del Lloyd Green ry9 es e Cl) a CO U) d' ��c< APP, b (511.- °3 All ac I I I \. 16 )4 ).C2/) 1 " N of DRNeEps P sr REZP ‚ ac y6 1 SS '3 ROAD see ti lk - 313295,95 G �y t o., le 1© 2 i i�e�' 4, 1 � irse ® 2593 'p��-Gy- „. z ea P 66a es <I' ,) ' ,.....4 2 /' 2 Kodiak Island Borough GIS Legend N ., . nth � ; .} I I I Subject Parcel N E OP Feet 0 225 450 900 Notification Area ( t t t t t t r 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)466 -9333. Case No. 12 -002 Aooendix Paae 14 of 27 P &Z September 21, 2011 ,,,-;; ,= Kodiak Island •�' ®rough u * rz � j/�-� \�I\ 71 A Tj„ Community Development Department re, v `� 710 Mill Bay Road Room 205 4 179, k,�k ��� Ca. Kodiak, Alaska 99615 r �` Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us June 8, 2011 Mr. Del Lloyd Green PO Box 2211 Kodiak, AK 99615 Re: Case 12 -002. Request a rezone of Lot 10A -2, U.S. Survey 3099, according to KIBC 17.205 & 17.80, from RI -Single-family Residential R2- Two - family Residential. Dear Mr. Green: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their July 20, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, July 13, 2011 at 6:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, OneLQo. Sheila Smith, Secretary Community Development Department Case No. 12 -002 Appendix Pace 15 of 27 P &Z September 21, 2011 UNIVERSITY OF ALASKA WATSON ARNOLD MARTIN BELARDE COLLEGE, AK 99735 2695 SPRUCE CAPE RD P.O. BOX 1929 KODIAK, AK 99615 KODIAK, AK 99615 AMALIA BRAVO CITY OF KODIAK JOHN DONAT 25172 SANSOME ST P.O. BOX 1397 1918 MILL BAY RD HEMET, CA 92544 KODIAK, AK 99615 KODIAK, AK 99615 KEVIN ERICKSON JAMIE FAGAN DEL GREEN 2674 SPRUCE CAPE RD P O BOX 2140 PO BOX 2211 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CRAIG GUSTAFSON STAR LETPA JACKSON MARK KEPLINGER PO BOX 8573 PO BOX 1215 758 JACKSON LANE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK ISLAND BOROUGH JOE MACINKO CARLOS MENJIVAR ETAL 710 MILL BAY RD 2625 SPRUCE CAPE RI) PO BOX 1089 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PATRICK MULLAN SR LIVING SHARON NELSON TED NUSSBAUM TRUST 2695 METROKIN WAY P O BOX 8981 2680 E. REZANOF DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JUAN PENALOZA DONNA RUCH CARL SMITH 3155 SPRUCE CAPE RD 2608 SPRUCE CAPE RD PO BOX 8913 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 AARON STILL ALAN TORRES ANTONIO VELASCO PO BOX 3102 2746 REZANOF DR E PO BOX 8025 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEFF A WADLE CONCEPCIONWOLKOFF WILLIAM ZIMMERMAN 2692 SPRUCE CAPE RD P O BOX 2879 PO BOX 2261 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 12 -002 Appendix Paae 16 of 27 P &Z September 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak, Alaska 99615 June 8, 2011 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 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: 12 -002 APPLICANT: Del Lloyd Green REQUEST: A rezone of Lot 10A -2, U.S. Survey 3099, according to KIBC 17.205 & 17.80, from RI-Single-family Residential to R2- Two - family Residential. LOCATION: Lot 10A -2, U.S. Survey 3099, 2713 Spruce Cape Road ZONING: RI- 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, July 5, 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(akodiakak.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, July 13, 2011 a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (f 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. / n [ Co our :Same: { �f ° C I '� \ `A s- l r t ��' 0 N � + Mailing Address: 2 6 7 5 e Ce ` �t/u rJ Your property descriptio . 7 f 7 L `` 0 comments: J "\1 ✓{ vu (9 7 1 e CFt 1 ik rl 2 -v-e w t�\.0 ;' � t , .J t I d r ev\t--ik^4- i r\rcC el 5' I6'5.S `15 t t_S 1 1 .•■ t t c • f) N l z, p EC20% JUN 202011 J COMMUNITY DEVELOPMENT DEPARTMENT Case No. 12 -002 Appendix Paae 17 of 27 P &Z September 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak, Alaska 99615 June 8, 2011 Public Hearing Item 7 -C 0� PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 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: 12 -002 APPLICANT: Del Lloyd Green REQUEST: A rezone of Lot 10A -2, U.S. Survey 3099, according to KIBC 17.205 & 17.80, from RI-Single-family Residential ]4 R2- Two - family Residential. LOCATION: Lot I0A -2, U.S. Survey 3099, 2713 Spruce Cape Road 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, July 5, 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(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. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday. July 13. 2011 a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (4121), 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: Si// it) Mailing Address: Bog ) Z2 Co / /Co v �L Your property description: 2 7 OS .Sr �n c. 1 C. Aj >4 Ted l e r/ /of A _ 2 Comments: -L t ✓Otn /d fie 2 na sal /44/ V. A t ,n C /cw d c a) in 7'/i/ 4 !t Ca - / A crA - y a L_ \ i L_ lj JUN 2 1 2011 tAmm e. —p Case No. 12 -002 Aooendix Paae 18 of 27 P &Z September 21, 2011 MEMORANDUM Date: July 5, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the July 20, 2011 Regular Meeting Case: 12 - 002 Applicant: Del Lloyd Green Request: A Rezone of Lot 10A -2, U.S. Survey 3099, according to KIBC 17.205. & 17.80 from R1 — Single Family Residential to R2 — Two Family Residential Location: 2713 Spruce Cape Road. Zoning: R1 — Single Family Residential. Twenty —Seven (27) public hearing notices related to this request were mailed on June 8, 2011. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Residential Unclassified. Ordinance 80 -9 -0 rezoned the lot to the RR -Rural Residential Zoning District. Ordinance 83 -15 -0 rezoned RR zoned lots to the RR1- Rural Residential One District. This lot and neighboring lots were rezoned to R1- Single Family Residential by Ordinance 84 -34 -0. 2. Lot Size: 12,150 square feet (0.28 acres) 3. Existing Land Use: Single- family Residential 4. Surrounding Land Use and Zoning: North: Lot 10C U.S. Survey 3099 Use: SFR Zoning: R1 — Single Family Residential South: Spruce Cape Road and Lot 25A -2, U.S. Survey 3099. Use: MHR (Mobile Home Residential) Zoning: R3 — Multi Family Residential East: Lot 13A U.S. Survey 3099 Use: Water Treatment Plant Zoning: PL — Public Use Lands Case No. 12 -002 Aooendix Paae 19 of 27 P &Z September 21, 2011 West: Lot 10A -1, U.S. Survey 3099 Use: MHR (Mobile Home residential). Zoning: R1- Single Family Residential 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan identifies the proposed future land use of the proposed rezone area Urban Residential. Title 17 Zoning KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.030 Manner of initiation. Changes in this title (request for a rezone) may be initiated in the following manner: A. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. KIBC 17.205.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Comprehensive Plan The Comprehensive Plan Map identifies this area as "Urban Residential." It is served by a Spruce Cape Road, which is classified as an "Urban Collector." The area is served Case No. 12 -002 Appendix Page 20 of 27 P &Z September 21, 2011 by pubic water and sewer and power utilities. It is located close to East Elementary School, Kodiak College and reasonably close to Safeway. There is a mix of residential uses occurring in this general area. The lots on the north side of Spruce Cape road are zoned R -1 and the use located there are single family homes. Across Spruce Cape Road, there are a number of Mobile Home residences (MHR). These mobile homes are considered single family residents and consist of one trailer on one lot. Also a portion of Jacksons Trailer Park which is zoned R3 fronts on Spruce Cape. The Comprehensive Plan does not get specific as to the proposed density of development in any given area of the community. The plan map tends to flow from the existing land use (and zoning) pattern so that zoning changes such as the one proposed in this case do not appear to be a major change. ZONING /USE: Because the rezone request is for only one (1) lot there is a concern about the prospect of "spot zoning." Spot Zoning occurs when a small area of land in an existing neighborhood is singled out and placed in a different zone category from that of the rest of the neighboring property. Spot Zoning is frowned upon and found to be an illegal action in some cases. As such staff will recommend that the rezoning of this one lot should M be approved and a wider net be cast to see if there are others in the neighborhood who are in favor of being included in a larger neighborhood R2 zoning review. But before that occurs, it is important to note that there are differences between the Permitted Uses in the R1- Single Family zoning district and the Permitted uses found in the R2 -Two Family Zoning District. Though there are similarities, there are also major differences. The potential is that the density will double. The character of an area can change substantially by allowing new allowed permitted uses found in the R2 district that are not found in the R1 Zoning District. These additional uses can be intensive in nature. Below are the uses found in the R2 — Two Family Residential District. KIBC 17.80.020 Permitted Uses A. Accessory buildings H. Parks and Playgrounds B. Beauty Shops I. Professional Offices C. Churches J. Schools D. Clinics K. Single Family Dwellings E. Greenhouses L. Two Family Dwellings F. Home Occupations M. Vacation Homes G. Hospitals N. Bed and Breakfasts Case No. 12 -002 Appendix Paae 21 of 27 P &Z September 21, 2011 The uses that are not highlighted are the uses permitted in the R1 zone. The uses highlighted in Yellow are found in the R2- Two Family Residential district as permitted uses and are not found in the R1- Single Family Zoning District. LAND SUITABILITY: The parcel subject to this rezoning investigation is not topographically constrained and will allow for good building sites if zoned R1 or R2. Its adjacency to Spruce Cape Road means that it is served by a road capable of sustaining additional traffic. There is room on the developed lots to provide the additional three parking spaces that are required should a rezone to a higher density occur. COMMENTS This is not the first request to increase the density of this parcel. The last time was in 2009 (Case 09 -012) when the owner at the time requested the parcel be rezoned R3 — Multi-Family Residential. That request was denied by the commission. This request to have the parcel rezoned to the R2- Two Family Residential District may be a more reasonable request. But increasing the density is only one of the factors to consider. Because of the concern with "spot zoning" it is recommended that the other "permitted uses" found in the R2 Zoning District also be reviewed. These permitted uses can be found in KIBC 17.80.020). Though there may be good reasons to rezone this lot, it is suggested that a request include a larger number of properties in the area and eliminate the concern of spot zoning. Should folks agree that a wider area of consideration be sought, there are a couple of ways to proceed: 1. KIBC 17.205.030 (B) allows the Commission "upon its own motion" to enlarge the area to be considered; or 2. Have the applicant approach other neighbors and through a petition propose a larger area to be considered. RECOMMENDATION Staff recommends that the Commission not approved a rezone request of a single lot as requested in this case. It is recommended that a larger area be considered for rezone. Case No. 12 -002 Appendix Paae 22 of 27 P &Z September 21, 2011 APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend the rezone of Lot 10A -2, USS 3099 from R1- Single Family Residential to R2 -Two family Residential and forward this case to the borough assembly with a recommendation for approval. Staff recommends that this motion not be approved by the commission. Should the commission agree with staff and fail the request the following findings of fact should be adopted. 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. There is no need or justification for rezoning a single lot in a neighborhood to a zoning district different than the surrounding area. Such as rezone will be out of place in the context of being totally surrounded by other R1- Single Family zoned land. The petitioners of this lot have requested the rezone initially, but good zoning practice would discourage the treatment of this one lot to a different set of development standards than any of the surrounding lots currently enjoy. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Urban Residential and though consistent with the goals and objective of the plan the rezoning of the lot in and of itself should be included in a larger neighborhood rezoning. Case No. 12 -002 Appendix Paoe 23 of 27 P &Z September 21, 2011 2009 Air photo Page 1 of 2 Chapter 17.75 R1 — SINGLE - FAMILY RESIDENTIAL DISTRICT Sections: 17.75.010 Description and intent. 17.75.020 Permitted uses. 17.75.030 Conditional uses. 17.75.040 Area requirements. 17.75.050 Yards. 17.75.060 Building height limit. 17.75.070 Public service requirement. 17.75.010 Description and intent. The R1 single - family residential zoning district is established as a land use district for small lot, single - family residential dwellings where public water and sewer services are available. For the single - family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single - family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single - family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. [Ord. 83 -17 -0 §2, 1983. Formerly §17.18.010]. 17.75.020 Permitted uses. The following land uses and activities are permitted in the single - family residential district: A. Accessory buildings; B. Churches; C. Greenhouses; D. Home occupations; E. Parks and playgrounds; and F. Single- family dwellings. [Ord. 86 -27 -0 §6, 1986; Ord. 83 -17 -0 §2, 1983. Formerly §17.18.020], 17.75.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Hospitals; http: / /www.codepubl ishing.com/AK/ kodiakislandborough /html/KodiaklslandBorough 17 /Kodiakl slandBorou... 7/8/201 I Case No. 12 -002 Appendix Paae 24 of 27 P &Z September 21, 2011 2009 Air photo Page 2 of 2 B. Schools; C. Bed and breakfasts; and D. Vacation homes. [Ord. FY2007 -08 -0 §9, 2006; Ord. 86 -27 -0 §7, 1986; Ord. 83 -17 -0 §2, 1983. Formerly §17.18.030]. 17.75.040 Area requirements. A. Lot Area. The minimum lot area required is 7,200 square feet. B. Lot Width. The minimum lot width required is 60 feet. [Ord. 83 -17 -0 §1, 1983. Formerly §17.18.040]. 17.75.050 Yards. A. Front Yard. 1. The minimum front yard shall be 25 feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yard. The minimum yard required, on each side of a principal building, is five feet. The minimum required side yard on the street side of a corner lot is 10 feet. C. Rear Yard. The minimum rear yard required is 10 feet. [Ord. 87 -14 -0 §6, 1987; Ord. 83 -17 -0 §2, 1983. Formerly §17.18.050]. 17.75.060 Building height limit. The maximum building height allowed is 35 feet. [Ord. 83 -17 -0 §2, 1983. Formerly §17.18.060]. 17.75.070 Public service requirement. Water and sanitary sewer service from a certificated public utility or municipal system are required for lots in this land use district before a building permit can be issued. [Ord. 83 -17 -0 §2, 1983. Formerly §17.18.070]. http: / /www.codepubl ishing .com /AK/kodiakislandborough /html /KodiaklslandBorough 17 /KodiaklslandBorou... 7/8/2011 Case No. 12 -002 Appendix Paae 25 of 27 P &Z September 21, 2011 2009 Air photo Page 1 of 2 Chapter 17.80 R2 — TWO- FAMILY RESIDENTIAL DISTRICT Sections: 17.80.010 Description and intent. 17.80.020 Permitted uses. 17.80.030 Area requirements. 17.80.040 Yards. 17.80.050 Building height limit. 17.80.060 Public service requirement. 17.80.010 Description and intent. The R2 two- family residential zoning district is established as a land use district for single - family and two - family residential dwellings and limited office uses where public water and sewer services are available. For the two- family residential zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single - family and two- family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single - family and two - family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply, and sewerage, before such services can systematically and adequately be provided. [Ord. 83 -17 -0 §3, 1983. Formerly §17.19.010]. 17.80.020 Permitted uses. The following land uses are permitted in the two- family residential district: A. Accessory buildings; B. Beauty shops; C. Churches; D. Clinics; E. Greenhouses; F. Home occupations; G. Hospitals; H. Parks and playgrounds; I. Professional offices; http: / /www.codepubl ishing. corn /A K/ kodiakislandborough /html/KodiaklslandBorough 17/KodiaklslandBorou... 7/8/2011 Case No. 12 -002 Appendix Paae 26 of 27 P &Z September 21, 2011 2009 Air photo Page 2 of 2 J. Schools; K. Single- family dwellings; L. Two - family dwellings; M. Vacation homes; and N. Bed and breakfasts. [Ord. FY2007 -08 -0 §10, 2006; Ord. 83 -17 -0 §3, 1983. Formerly §17.19.020]. 17.80.030 Area requirements. A. Lot Area. The minimum lot area required for a single - family dwelling is 7,200 square feet. The minimum lot area required for a two- family dwelling is 3,600 square feet per dwelling unit. B. Lot Width. The minimum lot width required is 60 feet. [Ord. 83 -17 -0 §3, 1983. Formerly §17.19.030]. 17.80.040 Yards. A. Front Yards. 1. The minimum front yard shall be 25 feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yards. The minimum yard required, on each side of a principal building, is five feet. The minimum side yard required on the street side of a corner lot is 10 feet. C. Rear Yards. The minimum rear yard required is 10 feet. [Ord. 87 -14 -0 §7, 1987; Ord. 83 -17 -0 §3, 1983. Formerly §17.19.040]. 17.80.050 Building height limit. The maximum building height allowed is 35 feet. [Ord. 83 -17 -0 §3, 1983. Formerly §17.19.050]. 17.80.060 Public service requirement. Water and sanitary sewer service from a certificated public utility or municipal system are required for lots in this land use district before a building permit can be issued. [Ord. 83 -17 -0 §3, 1983. Formerly §17.19.0601. This page of the Kodiak Island Borough Code is current through Borough Website: http: / /www.kodiakak.us/ Ordinance f- Y2011 -12, passed March 17, 2011. (http: / /www.kodiakak.us /) Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Borough Telephone: (907) 486 -9310 Island Borough Code. Users should contact the Borough Clerk's Office for Code Publishing Company ordinances passed subsequent to the ordinance cited above. ( http: / /www.codepublishing.com /) http:// www. codepublishing. com/ AK/ kodiakislandborough /html/KodiaklslandBorough 17 /Kodiakt slandBorou... 7/8/2011 Case No. 12 -002 Appendix Paae 27 of 27 KODIAK ISLAND BOROUGH $ >°: tit AGENDA STATEMENT paa z._ REGULAR MEETING OF: DECEMBER 1, 2011 ITEM NO.: 13.C.2 TITLE: Ordinance No. FY2012 -01(A) Amending Ordinance No. 2012 -01 Fiscal Year 2012 Budget By Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: See attached Amount Budgeted: ATTACHMENTS: Ordinance No .F FY20012- 01(A), detailed spreadsheet APPROVAL FOR AGENDA:g 20 `,/ SUMMARY STATEMENT: This ordinance: • Budgets for 50% of the cost of the fisheries consultant from the City of Kodiak; • Increases the Kodiak High School Asbestos Removal and Floor Covering project by $83,044 to comply with the State budget; • Combines the Kodiak High School VocEd /Pool Reclamations project, Kodiak High School Old Pool Roof and HVAC Renovations project, and the Kodiak High School Mater Plan project; • Increases the Baranof Park Renovation project by $500,000; • Increases the Learning Center Remodel project by $171,918; • Accepts and budgets a grant in the amount of $466,000 for the Kodiak High School Renovation and Additions project and decreases the amount of the General Obligation bonds to be issued by the same amount; • Accepts and budgets a grant in the amount of $2,000,000 for the Anton Larsen Bay Boat Ramp project; • Accepts and budgets grants received for the Karluk Village, Chiniak, Akhiok, Ouzinkie, and Larsen Bay warning sirens. • Accepts and budgets a grant in the amount of $1,025,000 for the Womens Bay Tsunami Shelter; • Accepts and budgets a grant in the amount of $1,190,853 for the Old Harbor, Karluk, and Port Lions emergency generators; • Budgets for the Long Term Care Center Design project in Fund 495; • Accepts and budgets a grant in the amount of $435,147 for the East Elementary School emergency generator; Kodiak Island Borough Page 1 of 2 Y �� -ai „ KODIAK ISLAND BOROUGH o AGENDA STATEMENT M • Accepts and budgets a grant in the amount of $1,275,000 for the design and planning of the Long Term Care Center; and • Budgets for the Borough's contribution to the Providence Kodiak Island Medical Center by $150,000. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -01A in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 2 of 2 Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Director Introduced: 12/01/2011 Public Hearing: 2 Adopted: 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -01(A) 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. 2012 -01 FISCAL YEAR 2012 BUDGET BY 10 AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER 11 BUDGET, PROVIDE FOR ADDITIONAL EXPENDITURES, BUDGET NEW PROJECTS, 12 ACCEPT GRANTS, AND MOVE FUNDS BETWEEN PROJECTS 13 14 WHEREAS, the State of Alaska has not funded the FY2012 Coastal Management Program; and 15 16 WHEREAS, the City wants to fund 50% of the cost of a fisheries consultant; and 17 18 WHEREAS, the Trails Plan project (10030) was extended to give the public more time to review 19 and comment on plan and plan maps; and 20 21 WHEREAS, the Kodiak High School Asbestos Removal and Floor covering project (05010) is 22 increased by $83,044 to be in compliance with the State budget; and 23 24 WHEREAS, the High School Voc Ed /pool reclamations project (05015), Kodiak High School Old 25 Pool Roof and HVAC renovations project (09005), and High School Master Plan project (09004) 26 can be combined; and 27 28 WHEREAS, the first phase of renovating Baranof Park is estimated to cost $3,000,000 with 29 funding by a state contribution of $2,000,000, a City of Kodiak contribution $500,000, and a 30 Borough contribution of $500,000; and 31 32 WHEREAS, the Learning Center Remodel project (05017) is increased to the approved State 33 budget; and 34 35 WHEREAS, the Borough has been awarded a grant for $466,000 for an emergency generator in 36 the High School Renovation and Additions project which will reduce the amount of G.O. Bonds 37 needed for this project; and 38 39 WHEREAS, the Borough has received a grant for $2,000,000 for the Anton Larsen Bay Boat 40 Ramp Project; and 41 42 WHEREAS, the Borough has received additional grants for the Karluk Village, Chiniak, Akhiok, 43 Ouzinkie, and Larsen Bay warning sirens; and 44 45 WHEREAS, the Borough has received a grant for $1,025,000 for a Womens Bay Tsunami 46 Shelter; and 47 48 WHEREAS, the Borough has received a grant for $1,190,853 for emergency generators in Old 49 Harbor, Karluk, and Port Lions; and 50 51 WHEREAS, the Long Term Care Center Design project (09010) needs to be recorded in Fund 52 495; and 53 Kodiak Island Borough Ordinance No. FY2012 -01(A) Page 1 of 2 54 WHEREAS, the Borough has received a grant for $435,147 for an emergency generator in East 55 Elementary School; and 56 57 WHEREAS, the Borough has received a grant for $1,275,000 for the design and planning of a 58 long term care facility; and 59 60 WHEREAS, the required $150,000 Borough contribution to the Hospital was left out of the 61 original FY2012 Budget. 62 63 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 64 BOROUGH THAT: 65 66 Section 1: This ordinance is not of a general application and shall not be codified. 67 68 Section 2: The FY2012 budget will be amended per the attached nine page schedule. 69 70 Section 3: The Borough accepts a $1,025,000 grant from the State of Alaska for construction 71 of the Womens Bay Tsunami Emergency Shelter. 72 73 Section 4: The Borough accepts a $1,275,000 grant from the State of Alaska for the Planning 74 and Design of a Long Term Care Facility. 75 76 Section 5: The Borough accepts a $2,000,000 grant from the State of Alaska for the Anton 77 Larsen Boat Ramp. 78 79 Section 6: The Borough accepts a $2,182,000 grant from the State of Alaska to provide 80 emergency generators in the East Elementary School ($435,147), the Kodiak High 81 School ($466,000), the Old Harbor School ($1,007,000), the Karluk School 82 ($33,000) and the Port Lions School ($240,853). 83 84 Section 7: The Borough accepts an amendment which increases the Karluk warning siren 85 grant to $16,936. 86 87 Section 8: The Borough accepts an amendment which increases the Ahkiok, Ouzinkie, and 88 Larsen Bay Warning Sirens grant to $141,703. 89 90 Section 9: The Borough accepts a $45,000 grant for a warning siren in Chiniak. 91 92 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 93 THIS DAY OF 2011 94 95 96 KODIAK ISLAND BOROUGH 97 98 99 100 Jerome M. Selby, Borough Mayor 101 ATTEST: 102 103 104 105 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -01(A) Page 2 of 2 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 100 General Fund Revenues: Property Tax 31,610 52,229 (20,619) 16,000 47,610 Boat & Motor Vehicle Tax 40,440 24,046 16,394 (16,000) 24,440 Payment in Lieu of Taxes 1,348,000 - 1,348,000 - 1,348,000 Severance Taxes 1,512,581 48,979 1,463,602 40,000 1,552,581 Penalties & Int on Tax 150,000 26,685 123,315 - 150,000 Licenses and Permits 85,250 27,229 58,021 - 85,250 Federal Shared Revenue 252,000 - 252,000 - 252,000 Temporary Fiscal Relief 955,015 737,223 217,792 - 955,015 Raw Fish Tax 1,200,000 1,200,000 - 1,200,000 Raw Fish Tax - Offshore 50,000 50,000 - 50,000 Telephone and Electric 26,000 26,000 - 26,000 Cruise Ship 25,000 25,000 - 25,000 PERS on Behalf Payment 120,000 120,000 - 120,000 Fines - - - Interest Earnings 125,000 125,000 - 125,000 Miscellaneous 10,725 2,563 8,162 - 10,725 Use of Fund Balance - - - Sale of Fixed Assets - - - - Transfer In - - - - - Total 5,931,621 918,954 5,012,667 40,000 5,971,621 Expenditures: Borough Assembly 175,900 51,875 124,025 - 175,900 Borough Manager 448,573 155,074 293,499 - 448,573 Borough Clerk 517,404 163,950 353,454 - 517,404 Borough Attorney 129,000 15,923 113,077 - 129,000 Finance Department 841,400 233,083 608,317 - 841,400 Information Technology Department 830,355 238,520 591,835 830,355 Assessing Department 613,038 168,355 444,683 - 613,038 Engineering/ Facilities Dept 257,789 86,754 171,035 - 257,789 Community Development 716,310 220,384 495,926 (20,000) 696,310 Building Official 131,539 4,177 127,362 - 131,539 Economic Development 95,600 600 95,000 40,000 135,600 General Administration 224,122 60,120 164,002 - 224,122 Parks and Recreation 35,000 2,831 32,169 (15,000) 20,000 Emergency Preparedness 37,000 4,345 32,655 - 37,000 School District Support 331,871 - 331,871 - 331,871 Health and Sanitation 286,315 286,300 15 - 286,315 Culture and Recreation 96,685 60,466 36,219 - 96,685 College and Libraries 87,000 87,000 - 87,000 Transfers Out 76,720 76,720 35,000 111,720 Total 5,931,621 1,752,757 4,178,864 40,000 5,971,621 Fund 201 School District Support - - Revenue 10,250,350 9,538,914 711,436 - 10,250,350 Expenditures 10,250,350 331,203 9,919,147 - 10,250,350 Fund 205 Child Care Assistance Program - - Revenue 127,135 - 127,135 - 127,135 Expenditures 127,135 29,635 97,500 - 127,135 Fund 210 Land Sales - - Revenue 308,345 3,333 305,012 - 308,345 Expenditures 308,345 63,787 244,558 - 308,345 Backup Info Ordinance No. Fy2012 -01A 1 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 220 Buildings and Grounds Revenues Revenues 580,408 76,321 504,087 - 580,408 Transfers in 18,000 18,000 - 18,000 Interest Earnings 1,000 1,000 - 1,000 Use of Fund Balance - - - - Total Revenues 599,408 76,321 523,087 - 599,408 Expenditures Borough Building 563,878 125,485 438,393 - 563,878 MHC Apartments 8,000 1,883 6,117 - 8,000 School Buildings - - - School Buildings Major Repairs 25,030 45,621 (20,591) - 25,030 Chiniak School 19,435 (19,435) - - Various Buildings 2,500 2,500 - 2,500 Total Expenditures 599,408 192,424 406,984 - 599,408 Fund 230 Coastal Management Revenues 31,189 31,189 (31,189) - Expenditures 31,189 31,189 (31,189) - Fund 234 L.E.P.C. - Revenues 22,132 7,751 14,381 - 22,132 Expenditures 22,132 6,858 15,274 - 22,132 Fund 240 Womens Bay Road Service Revenues 220,000 180,442 39,558 - 220,000 Expenditures 220,000 33,916 186,084 - 220,000 Fund 242 Service District No. 1 Revenues 349,500 368,578 (19,078) - 349,500 Expenditures 349,500 7,589 341,911 - 349,500 Fund 243 Service Area No. 2 Revenues 100 100 - 100 Expenditures 100 100 - 100 Fund 244 Monaska Bay Road District Revenues 50,850 61,040 (10,190) - 50,850 Expenditures 50,850 559 50,291 - 50,850 Fund 246 Bay View Road Service Area - Revenues 11,265 13,098 (1,833) - 11,265 Expenditures 11,265 1,531 9,734 - 11,265 Fund 250 Fire Protection Area No. 1 Revenues 520,210 531,870 (11,660) - 520,210 Expenditures 520,210 103,344 416,866 - 520,210 Fund 252 Womens Bay Fire Department Revenues 181,500 98,070 83,430 - 181,500 Expenditures 181,500 25,562 155,938 - 181,500 Fund 254 KIB Airport Fire District Revenues - - - Expenditures 13,870 11,574 2,296 - 13,870 13,870 26 Fund 260 Woodland Acres Street Lights Revenues 10,550 11,574 (1,024) - 10,550 Expenditures 10,550 1,402 9,148 - 10,550 Fund 261 Trinity Islands Lighting Dist. Revenues 5,505 5,268 237 - 5,505 Expenditures 5,505 492 5,013 - 5,505 Fund 262 Mission Lake Tide Gate Revenues 3,700 4,844 (1,144) - 3,700 Backup Info Ordinance No. FY2012 -01A 2 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Expenditures 3,700 7 3,693 - 3,700 Fund 263 Trinity Islands Paving Dist. Revenues 16,250 2,508 13,742 - 16,250 Expenditures 16,250 30 16,220 - 16,250 Fund 276 Facilities Fund Revenues 840,000 - 840,000 - 840,000 Expenditures/Transfers Out: Building Insurance 140,000 140,000 - - 140,000 Debt Service 400,000 400,000 - - 400,000 Capital Projects Fund 410 300,000 300,000 - - 300,000 Capital Projects Fund 469 - - - Contingencies - - - Contengencies - inflation proofing - - - - - Total Expenditures 840,000 840,000 - - 840,000 Fund 277 Tourism Development Revenues 92,000 35,981 56,019 - 92,000 Expenditures 92,000 13,910 78,090 - 92,000 Fund 290 Fern Fuller Trust Revenues 66,500 - 66,500 - 66,500 Expenditures 66,500 - 66,500 - 66,500 Fund 295 Special Projects Revenues Transfer in - General Fund 577,372 577372 - 35,000 612,372 Expenditures 10030 Trails Plan 125,000 148,706 (23,706) 35,000 160,000 Subdivision, Zoning and Land Management Code Upd. 322,372 247,851 74,521 - 322,372 Assembly Chambers Upgrade 50,000 - 50,000 - 50,000 Outside revies of salary scale 60,000 - 60,000 - 60,000 Laser Fiche Upgrade 20,000 - 20,000 - 20,000 Total expenditures 577,372 396,557 180,815 - 612,372 Fund 300 Debt Service Revenues Property taxes 1,633,190 1,609,499 23,691 1,633,190 State Debt Reimbursement 2,265,000 - 2,265,000 - 2,265,000 Interest Earnings - - - - Other - - - Transfers in - - - Facilities Fund 400,000 400,000 - - 400,000 Bond Premium - - - - - Proceeds of long term debt - - - - - Use of fund balance 1,465 - 1,465 - 1,465 Total Revenues 4,299,655 2,009,499 2,290,156 - 4,299,655 Expenditures Expenditures - School Debt 3,549,806 3,040,330 509476 - 3,549,806 Expenditures - Hospital Debt 743,245 701,880 41,365 - 743,245 Expenditures - Karluk Loans 6,004 - 6,004 - 6,004 Total Expenditures 4,299,055 3,742,210 556,845 - 4,299,055 Backup Into Ordinance No. FY2012 -61A 3 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Capital Projects Fund 410 - Borough Capital Projects: Revenues: Interest Earnings 264315 - 264,715 - 264,715 State Grant 312,877 312,877 - - 312,877 Exxon claim settlement monies 217,322 217,322 - - 217,322 Miscellaneous - - - - Total Revenues 794,914 530,199 264,715 - 794,914 Operating Transfers In: Facilities Fund 293,328 293,328 - - 293,328 Fund 450 369,499 369,499 - - 369,499 Total Operating Transfers In 662,827 662,827 - - 662,827 Use of Fund Balance - - - - Total Revenues 1,457,741 1,193,026 264,715 .- 1,457,741 Projects: 85 Village Metals 150,000 9,842 140,158 - 150,000 03105 Northstar School road /parking lot design 55,000 49,439 5,561 - 55,000 05025 High School Gym Seismic 50,000 6,860 43,140 - 50.000 08003 HS Soil Remediation 475,110 462,382 12,728 - 475,110 08004 Computer Assisted Mass Appraisal and Collectic 400,000 340,689 59,311 - 400.000 09001 Upgrade to NWS 184,530 181,993 2,537 - 184,530 09012 Phase II KHS Soil Remediation 100,000 79,220 20,780 - 100,000 Contingenies 43,101 - 43,101 - 43,101 Total Borough Projects 1,457,741 1,130,425 327,316 - 1,457,741 Fund 420 -GO Bond Projects: - Revenues: Interest Earnings 1,790,304 1,374,937 415,367 124,832 1,915,136 Proceeds from bond 2004A Bond Issue 9,894,639 9,894,639 - 9,894,639 Proceeds from bond 20046 Bond Issue 11,050,000 11,050,000 - - 11,050,000 Proceeds from bond 2008 Bond Issue 8,000,000 8,000,000 - - 8,000,000 Transfer in from Fund 410 - - - 30,734,943 30,319,576 415,367 124,832 30,859,775 Projects: 03119 New Swimming Pool 13,960,000 13,808,817 151,183 - 13,960,000 04101 Old Harbor GymNoc Ed renovation 3,342,383 3,192,085 150,298 181 3,342,564 04102 Larsen Bay School floor repair 339,883 7,436 332,447 - 339,883 04103 Ouzinkie Gym renovation 3,351,305 3,151,444 199,861 - 3,351,305 05002 Evacuation Center earthquake evaluation 500,000 340,273 159,727 - 500,000 05009 Kodiak Middle School concrete repair 237,918 143,573 94,345 - 237,918 05010 KHS Asb Remvl /Floor Cov 420/515 221,660 212,518 9,142 83,044 304,704 05011 District -wide floor covering replacement 916,886 767,822 149,064 - 916,886 05012 Kodiak High School heating and ventilation 250,000 236,818 13,182 - 250,000 05013 KHS Exterior Insulation & Window Upgrade 596,020 596,020 - - 596,020 05014 KMZ/MZ Complex Roof Upgrade 1,420,820 1,410,708 10,112 - 1,420,820 05015 High School Voced /pool reclaimation 4,114,199 1,118,221 2,995,978 726,589 4,840,788 05016 East School heating and ventilation 621,372 580,647 40,725 - 621,372 05017 Learning Center Remodel 5,597 5,597 - 171,918 177,515 09004 HS Master Plan 130,331 - 130,331 (130,331) - 09005 KHS Old Pool Roof & HVAC Renovation 726,569 - 726,569 (726,569) - 30,734,943 25,571,979 5,162,964 124,832 30,859,775 Fund 460 - High School Renovation and Additions Revenues Sale of Bonds 76,310,000 8,008,544 68,301,456 (466,000) 75,844,000 State Grant - 8,008,544 (8,008,544) 466,000 466,000 Interest Earnings 250,000 14,162 235,838 - 250,000 Total Revenues 76,560,000 16,031,250 60,528,750 - 76,560,000 Projects - High School Renovation and Additions 76,560,000 1,303,073 75,256,927 - 76,560,000 Total 76,560,000 1,303,073 75,256,927 - 76,560,000 Backup Info Ordinance No. FY2012 -014 4 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Backup Info Ordinance No. FY2012 -01A 5 As of Budget Adopted Budget 10/3112011 Balance Adjustments Revised Budget Fund 430 -State Capital Grant Projects: Revenues: 177 Anton Larsen Bay Boat Ramp 560,000 - 560,000 2,000,000 2,560,000 06006 Road Service Area Rehab and paving 2,500,000 - 2,500,000 - 2,500,000 06007 ADF & G Building Design 1,500,000 - 1,500,000 - 1,500,000 05026 HS Library Wing Seismic Retrofit 465,618 - 465,618 - 465,618 07008 School Facilities Seismic Repairs 910,000 - 910,000 - 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 - 100,000 - 100,000 07010 ADF & G Near Island Facility 500,000 - 500,000 - 500,000 07012 Ouzinkie School Seismic Upgrade 308,344 - 308,344 - 308,344 07014 East Elementary School Siesmic Upgrade 164,522 - 164,522 - 164,522 07007Sohool District Computer Grant 70,000 - 70,000 - 70,000 08007 Kodiak Middle School Playground Equipment 10,000 - 10,000 - 10,000 08008 Near Island Fish and Game Building 950,000 - 950,000 - 950,000 08009 FireSprinklers Seismic Upgrade 48,656 - 48,656 - 48,656 08011 Non - Structural Seismic Upgrades for Kodiak Sch 171,201 - 171,201 - 171,201 08012 Non - Structural Seismic Upgrades for Kodiak Scf 75,490 - 75,490 - 75,490 09002 Alaska Safe Routes to School 5,000 - 5,000 - 5,000 09003 Public Safety Interoperable Communications (do 70,320 - 70,320 - 70,320 09007 Denali Grant (AKA Kodiak Island Transportation: 125,000 - 125,000 - 125,000 09007 DOT Grant (AKA Kodiak Island Transportation SI 100,000 - 100,000 - 100,000 Women's Bay emergency Shelter - HUD grant (Fedral) 475,000 - 475,000 - 475,000 10023 Energy Block Grant US Dept of Energy 50,000 - 50,000 - 50,000 10024 Karluk Village Warning Sirens 45,000 - 45,000 16,936 61,936 10025 Akhiok, Ouzinkie, Larsen Bay Village Warning Sii 145,000 145,000 (3,297) 141,703 xxxxx Womens Bay Tsunami Shelter - - 1,025,000 1,025,000 xxxxx Chiniak Siren - - 45,000 45,000 Transfers in from fund 100 260.000 - 260,000 - 260,000 Transfers in from fund 410 390,000 - 390,000 - 390,000 Transfers in from fund 410 Anton Larsen Boat Ramp 136,350 - 136,350 - 136,350 Anton Larson Boat Ramp from facilites fund 60,000 - 60,000 60,000 Dingell - Johnson Contribution 140,000 - 140,000 140,000 Interest earnings 3,077 - 3,077 - 3,077 Total Revenues 10,338,578 - 10,338,578 3,083,639 13,422,217 Projects: 177 Anton Larsen Bay Boat Ramp 896,350 885,380 10,970 2,000,000 2,896,350 05026 HS Library Wing Seismic Retrofit 662,834 645,156 17,678 - 662,834 06006 Road Service Area Rehab and paving 2,500,000 2,655,719 (155,719) - 2,500,000 06007 ADF & G Building Design 2,982,345 1,656,460 1,325,885 - 2,982,345 07007 School District Computer Grant 70,000 28,176 41,824 - 70,000 07008 School Facilities Seismic Repairs 1,300,000 - 1,300,000 - 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 82,250 17,750 - 100,000 07012 Ouzinkie School Seismic Upgrade 319,244 319,050 194 - 319,244 07014 East Elementary School Siesmic Upgrade 164,522 150,794 13,728 - 164,522 08007 Kodiak Middle School Playground Equipment 10,000 - 10,000 - 10,000 08009 FireSprinklers Seismic Upgrade 48,656 43,120 5,536 - 48,656 08011 Non - Structural Seismic Upgrades for Kodiak Sch 171,201 167,718 3,483 - 171,201 08012 Non - Structural Seismic Upgrades for Kodiak Sot 75,490 71,897 3,593 - 75,490 09002 Alaska Safe Routes to School 5,000 - 5,000 - 5,000 09003 Public Safety Interoperable Communications 70,320 70,101 219 - 70,320 10023 Energy Block Grant US Dept of Energy 50,000 42,174 7,826 - 50,000 09007 Island Wide Transportation Study 225,000 - 225,000 - 225,000 10024 Karluk Village Warning Sirens 45,000 16,937 28,063 16,936 61,936 10025 Akhiok, Ouzinkie, Larsen Bay Village Warning Sii 145,000 135,000 10,000 (3,297) 141,703 xxxxx Womens Bay Tsunami Shelter - - 145,000 1,025,000 1,025,000 Women's Bay emergency Shelter - HUD grant (Fedral) 475,000 - 475,000 - 475,000 xxxxx Chiniak Siren - 145,000 45,000 45,000 Contengencies 22,616 - 22,616 - 22,616 Total Expenditures 10,338,578 6,969,932 3,658,646 3,083,639 13,422,217 Backup Info Ordinance No.Fy2012 -01A 6 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 450 Capital Projects Revenues State Seismic Reimbursement 3,698,450 3,774,116 (75,666) - 3,698,450 11001 KMS Gym Sesimic upgrade (grant) 462,000 - 462,000 - 462,000 FEMA 146,823 232,568 (85,745) - 146,823 State Grant 90,000 - 90,000 1,190,853 1,280,853 Interest Earnings - 11,634 (11,634) - - Transfer in Fund 495 85,000 - 85,000 - 85,000 Transfer in from Building and Grounds 95,000 95,000 - - 95,000 Total Revenues 4,577,273 4,113,318 463,955 1,190,853 5,768,126 09011 Auditorium Roof 883,422 883,422 - 883,422 09010 Care Center Design Grant (85,0so come from fund ass 175,000 30,854 144,146 (175,000) - 09013 High School Fire Alarms 243,933 34,028 209,905 - 243,933 09015 Demo Old Chiniak School 104,000 83,024 20,976 - 104,000 09016 Akhiok Sewer Line 72,800 25,494 47,306 - 72,800 09017 East Close(in place) 8 Replace UST 66,194 - 66,194 (66,194) - 09018 Middle School Close(in place) 8 Replace UST 66,194 11,322 54,872 - 66,194 09019 Boro. Build.Power Distribution Panels 55,561 - 55,561 - 55,561 09020 Main Roof 50,059 26,733 23,326 - 50,059 09021 Boro. Build. Sidewalk and Handrail Repairs 50,566 50,566 - - 50,566 09022 Boro. Build. Lighting 20,835 - 20,835 - 20,835 10000 High School Parking Lot Paving 486,486 283,113 203,373 - 486,486 10001 School District Small Projects 41,127 41,127 - - 41,127 10002 Disaster Declaration 5,462 (5,462) - - 10003 Ergency Measures - FEMA 1,824 16,907 (15,083) - 1,824 10004 Panamaroff Creek Road FEMA 11,255 11,803 (548) - 11,255 10005 Alitak Rain Event FEMA 309 309 - - 309 10006 Fairgrounds General Debris FEMA - 8,270 (8,270) - - 10007 Fairgrounds General Repair 21,992 21,992 - - 21,992 10008 Fairgrounds emergency Measures FEMA 56 4,959 (4,903) - 56 10009 Middle Bay / Chiniak Rain event FEMA 972 28,015 (27,043) - 972 10010 Womens Bay Service Area Debris FEMA 412 25,244 (24,832) - 412 10011 Bells Flats Road FEMA 16,942 16,942 - - 16,942 10012 Panamaroff Creek Road FEMA 1,261 1,388 (127) - 1,261 10013 Panamaroff Creed Road Section FEMA 7,400 9,185 (1,785) - 7,400 10014 South Russian Creek Rd FEMA 84,034 84,479 (445) - 84,034 10016 Womens Bay Rain Event FEMA 366 366 - - 366 10017 Chiniak School Soil Remediation 95,000 27,233 67,767 - 95,000 10029 Kodiak Middle School Emergency Generator 82,661 82,661 - - 82,661 11001 KMS Gym Sesimic upgrade (grant) 462,000 373,002 88,998 - 462,000 xxxx Old Harbor Emergency Generator - - - 1,007,000 1,007,000 xxxx Karluk Emergency Generator - - - 33,000 33,000 xxxx Port Lions Emergency Generator - - - 240,853 240,853 Contingencies 119,036 119,036 - 119,036 Transfer to Fund 410 369,499 369,499 - 369,499 Transfer to Fund 420 933,009 933,009 - 933,009 Transfer to Fund 495 - - 85,000 85,000 Transfer to Fund 469 53,068 53,068 66,194 119,262 Total Expenditures 4,577,273 1,304,478 3,272,795 1,190,853 5,768,126 Fund 460 - High School Renovation and Additions Revenues Legislative Grant - emergency generator - - - 466,000 466,000 Sale of Bonds 76,310,000 8,008,544 68,301,456 (466,000) 75,844,000 Interest Earnings 250,000 14,162 235,838 - 250,000 Total Revenues 76,560,000 8,022,706 68,537,294 - 76,560,000 Projects 10021 High School Renovation and Additions 76,560,000 1,304,074 75,255,926 - 76,560,000 Total 76,560,000 1,304,074 75,255,926 - 76,560,000 Backup Info Ordinance No. FY2012 -01A 7 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 469 Renewal and Replacement Projects Revenues Legislative Grant - emergency generator - - 435,147 435,147 Transfer in from the Facilities Fund 4,300 409 4,300,409 500,000 4,800,409 Transfer in from Fund 450 53,068 53,068 66,194 119,262 Total Revenues 4,353,477 - 4,353,477 1,001,341 5,354,818 Expenditures 10037 Borough Building New Roof 1,190,020 806,213 383,807 - 1,190,020 11002 East Elementary Generator & Building 780,196 435,117 345,079 501,341 1,281,537 11003 Chiniak Removal of Underground Storage Tank ( 74,751 5,621 69,130 - 74,751 11009 Karluk Removal of Underground Storage Tank (L 91,515 2,445 89,070 - 91,515 11010 Karluk HVAC Controls 59,400 52,382 7,018 - 59,400 11004 Ahkiok Teacherage Rehabilitation 44,441 - 44,441 - 44,441 11005 Borough Building Combustion Air Fan 21,637 - 21,637 - 21,637 12005 East & Peterson Flooring 738,504 313 738,191 - 738,504 12007 Larsen Bay Old HVAC Equip & controls 546,487 231 546,256 - 546,487 12004 Boro. Build. Return Air duct for 2nd floor 270,459 115 270,344 - 270,459 12001 Boro. Build. And East Exterior Paint 269,499 114 269,385 - 269,499 12002 Port Lions Remove UST 82,220 33 82,187 - 82,220 12008 Main Remove UST 69,401 29 69,372 - 69,401 12003 Boro. Build. New Receptacles 63,107 27 63,080 - 63,107 12006 KMS Elevator Controls 51,840 22 51,818 - 51,840 XXXXX Baraonof Park - - - 500,000 500,000 Contingencies - - - - Total Expenditures 4,353,477 1,302,662 3,050,815 1,001,341 5,354,818 Fund 490 Landfill Capital Projects - - Landfill Closeout/Leachate Treatment 3,000,000 - 3,000,000 - 3,000,000 165 Landfill Closeout/Leachate Treatment 3,000,000 - 3,000,000 - 3,000,000 Fund 495 Hospital Capital Projects - Hospital 700,000 - 700,000 - 700,000 Providence 325,000 - 325,000 - 325,000 Grant 180,000 - 180,000 1,365,000 1,545,000 From Facilities Fund 397,540 - 397,540 - 397,540 Interest earnings - - - Denali Commission 1,802,347 - 1,802,347 - 1,802,347 Rasmusson 750,000 - 750,000 - 750,000 Murdock 250,000 - 250,000 - 250,000 Denali Match 125,000 - 125,000 - 125,000 Kodiak Foundation 30,000 - 30,000 - 30,000 Denali ANTHC 125,000 - 125,000 - 125,000 USDA Loan 900,000 - 900,000 - 900,000 USDA Grant 105,000 - 105,000 - 105,000 Providence 281.943 - 281,943 - 281,943 From General Fund 295,000 - 295,000 - 295,000 Fund 450 - - - - From Facilities Fund 125,000 - 125,000 - 125,000 Total Revenues 6,391,830 - 6,391,830 1,365,000 7,756,830 03112 Hospital access and parking, Phase I & II 1,727,540 - 1,727,540 - 1,727,540 05021 CHC architural Engineering 4,579,290 - 4,579,290 - 4,579,290 09010 Care Center Design 85,000 - 85,000 1,365,000 1,450,000 Total Expenditures 6,391,830 - 6,391,830 1,365,000 7,756,830 Fund 530 Solid Waste Collection /Disposal Revenues 2,329,807 781,881 1,547,926 - 2,329,807 Expenditures 2,329,807 381,615 1,948,192 - 2,329,807 Backup Info Ordinance No. P /2012 -014 8 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings - - - Providence Hospital Lease 720,000 240,000 480,000 - 720,000 Transfer in from Fern Fuller 66,500 - 66,500 - 66,500 Use of Retained Earnings 156,205 - 156,205 150,000 306,205 Total Revenues 942,705 240,000 702,705 150,000 1,092,705 Expenditures and Transfers: - Expenditures 942,705 1,869 940,836 150,000 1,092,705 Total Expenditures 942,705 1,869 940,836 150,000 1,092,705 Fund 555 - Kodiak Fisheries Research Center Revenues 2,122,004 284,956 1,837,048 - 2,122,004 Expenditures Research Facility 2,077,504 197,013 1,880,491 - 2,077,504 Dorm Facility 44,500 8,639 35,861 - 44,500 2,122,004 205,652 1,916,352 - 2,122,004 Fund 560 - Telephone 911 Service Revenues 50,000 11,884 38,116 - 50,000 Expenditures 50,000 115 49,885 - 50,000 Backup Info Ordinance No. FY2012 -01A 9 Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Director 1 CORRECTED VERSION PubliicuHeating: 12/01/2011 2 Adopted: 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -01(A) 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. 2012 -01 FISCAL YEAR 2012 BUDGET BY 10 AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER 11 BUDGET, PROVIDE FOR ADDITIONAL EXPENDITURES, BUDGET NEW PROJECTS, 12 ACCEPT GRANTS, AND MOVE FUNDS BETWEEN PROJECTS 13 14 WHEREAS, the State of Alaska has not funded the FY2012 Coastal Management Program; and 15 16 WHEREAS, the City wants to fund 50% of the cost of a fisheries consultant; and 17 18 WHEREAS, the Trails Plan project (10030) was extended to give the public more time to review 19 and comment on plan and plan maps; and 20 21 WHEREAS, the Kodiak High School Asbestos Removal and Floor covering project (05010) is 22 increased by $83,044 to be in compliance with the State budget; and 23 24 WHEREAS, the High School Voc Ed /pool reclamations project (05015), Kodiak High School Old 25 Pool Roof and HVAC renovations project (09005), and High School Master Plan project (09004) 26 can be combined; and 27 29 ,......, - - • - ..... 30 31 32 WHEREAS, the Learning Center Remodel project (05017) is increased to the approved State 33 budget; and 34 35 WHEREAS, the Borough has been awarded a grant for $466,000 for an emergency generator in 36 the High School Renovation and Additions project which will reduce the amount of G.O. Bonds 37 needed for this project; and 38 39 WHEREAS, the Borough has received a grant for $2,000,000 for the Anton Larsen Bay Boat 40 Ramp Project; and 41 42 WHEREAS, the Borough has received additional grants for the Karluk Village, Chiniak, Akhiok, 43 Ouzinkie, and Larsen Bay warning sirens; and 44 45 WHEREAS, the Borough has received a grant for $1,025,000 for a Womens Bay Tsunami 46 Shelter; and 47 48 WHEREAS, the Borough has received a grant for $1,190,853 for emergency generators in Old 49 Harbor, Karluk, and Port Lions; and 50 51 WHEREAS, the Long Term Care Center Design project (09010) needs to be recorded in Fund 52 495; and 53 Kodiak Island Borough Ordinance No. FY2012 -01(A) Page 1 of 2 54 WHEREAS, the Borough has received a grant for $435,147 for an emergency generator in East 55 Elementary School; and 56 57 WHEREAS, the Borough has received a grant for $1,275,000 for the design and planning of a 58 long term care facility; and 59 60 WHEREAS, the required $150,000 Borough contribution to the Hospital was left out of the 61 original FY2012 Budget. 62 63 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 64 BOROUGH THAT: 65 66 Section 1: This ordinance is not of a general application and shall not be codified. 67 68 Section 2: The FY2012 budget will be amended per the attached nine page schedule. 69 70 Section 3: The Borough accepts a $1,025,000 grant from the State of Alaska for construction 71 of the Womens Bay Tsunami Emergency Shelter. 72 73 Section 4: The Borough accepts.a $1,275,000 grant from the State of Alaska for the Planning 74 and Design of a Long Term Care Facility. 75 76 Section 5: The Borough accepts a $2,000,000 grant from the State of Alaska for the Anton 77 Larsen Boat Ramp. 78 79 Section 6: The Borough accepts a $2,182,000 grant from the State of Alaska to provide 80 emergency generators in the East Elementary School ($435,147), the Kodiak High 81 School ($466,000), the Old Harbor School ($1,007,000), the Karluk School 82 ($33,000) and the Port Lions School ($240,853). 83 84 Section 7: The Borough accepts an amendment which increases the Karluk warning siren 85 grant to $16,936. 86 87 Section 8: The Borough accepts an amendment which increases the Ahkiok, Ouzinkie, and 88 Larsen Bay Warning Sirens grant to $141,703. 89 90 Section 9: The Borough accepts a $45,000 grant for a warning siren in Chiniak. 91 92 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 93 THIS DAY OF 2011 94 95 96 KODIAK ISLAND BOROUGH 97 98 99 100 Jerome M. Selby, Borough Mayor 101 ATTEST: 102 103 104 105 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -01(A) Page 2 of 2 a * b KODIAK ISLAND BOROUGH ?a *j> F ib :: s AGENDA STATEMENT grit, ` ia a.kS yCY.JM1y�L REGULAR MEETING OF: DECEMBER 1, 2011 ITEM NO.: 13.D.1 TITLE: Approval of the Kodiak Island Borough Assembly 2012 Meeting Schedule ORIGINATOR: IT Supervisor FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Kodiak Island Borough Assembly 2012 Meeting Schedule APPROVAL FOR AGENDA: SUMMARY STATEMENT: The Assembly approves the meeting schedule for the upcoming year. 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two- thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. RECOMMENDED MOTION: Move to approve the Assembly 2012 meeting schedule. Kodiak Island Borough Page 1 of 1 rat 2012, 1 4 an B orough January February March ^ 1 2 3 4 5 6 7 1 23 4 1 2 3 LEPC R PPE R PPE R PPE 8 9 10 11 12 13 14 5 6 7 8 9 10 11 4 5 6 7 8 9 10 P ARR P82W W $ p8ZW W $ W $ 15 16 17 18 19 20 21 12 13 14 15 16 17 18 11 12 13 14 15 16 17 PAZR R PPE PAR PAIR R PPE PARR PAZ R PPE 22 y 23 24 25 26 27 28 19 20 21 22 23 24 25 18 19 20 21 22 23 24 PARR W $ — W $ PAZ R $ 29 30 31 26 27 28 29 25 26 27 28 29 30 31 PARR tee PARR W PPE April May June , -. 1 2 3 4 5 6 7 1 2 3 4 5 �... 1 2 R $ R $ $ 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 LEPC P ARR PAZW W PPE PARR PAZW W PPE R PPE 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 P 8 R R $ PAZ R R $ PARR PAZ W W $ 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 PARR W PPE PARR PPE PAI R PPE 29 30 27 28 29 30 31 24 25 26 27 28 29 30 , W PAR R W $ July August September 1 2 3 4 5 6 7 _. ._ 1 2 3 4 1 R PPE R PPE PPE 8 9 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7 8 PAR PAZ W W $ Pea W $ L $ 15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15 P AZ R R PPE PIER PAZR R PPE PARR PAZW W PPE 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22 MR W $ $ P82 R $ 29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29 PE PIER R W 30 PARR W PPE October November December r. 1 2 3 4 5 6 .._ .... .._ 1 2 3 1 E R $ R $ 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8 LEPC PEA PAZW W PPE GE W PPE R PPE 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15 P AZ R R $ p ^a P8R R P8Z W R $ PAR R PAIN/ W $ 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22 P ARR W PPE PAZR ---- —» PPE _PAIR R PPE 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29 PARR w $ 30 31 ,, w $ Assembly Meetings Other Meetings )=lectjgns R Regular Meeting P &R R Parks & Recreation Regular Meeting PE Primary Election W Worksession LEPC Local Emergency Planning Committee E Municpal Election Planning & Zoning Meetings GE General Election P&Z R Regular Meeting PPE Pay Period Ending P&Z W Worksession $ Pay Day KODIAK ISLAND BOROUGH xraff.:0-, AGENDA STATEMENT c VIi 5 REGULAR MEETING OF: DECEMBER 1, 2011 ITEM NO.: 13.D.2 TITLE: State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough Jurisdiction. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: 2012 Liquor License Renewals - Spreadsheet APPROVAL FOR AGENDA: SUMMARY STATEMENT: 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued non - objection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly After the Clerk's office routine investigation, no protests were returned as indicated on the attached spreadsheet. RECOMMENDED MOTION: Move to voice NON - PROTEST to the State of Alaska Alcoholic Beverage Control Board for the renewal application requests indicated on the attached spreadsheet. Kodiak Island Borough Page 1 of 1 Liquor License Renewals - 2012 Lic # Establishment Name License Type Service Location Owner Name ExpOYear Protest Yes No 85 B & B Bar Beverage Dispensary 326 Shelikof Blue Inc 2011 x 1040 Shelikof Lodge Beverage Dispensary 211 Thorsheim Rella Mae Corporation 2011 x 1155 Tony's Bar Beverage Dispensary 518 Marine Way CNG Inc 2011 x 1211 Village Bar Beverage Dispensary 408 Marine Way Wade Ball Inc 2011 x 4346 Bernie's Beverage Dispensary 320 Center St Bernie V. Ballao 2011 x 600 Chart Room Beverage Dispensary- Tourism 236 Rezanof West Kodiak Inn Inc 2011 x 57 American Legion Post #17 Club 314 Center Ave American Legion Robert G Blair Post #17 2011 x 1156 Tony's Liquor Store Package Store 518 Marine Way CNG Inc 2011 x 2509 Safeway Store #1090 Package Store 2675 Mill Bay Rd Safeway Inc 2011 x 4044 Liquor Cabinet/Cost Savers Package Store 2161 Mill Bay Rd Liquor Cabinet Inc 2011 x 2611 Sizzler Burger & Peking Rest. Restaurant/Eating Place 116 W Rezanof Dr Soak C. Yun 2011 _ x 3293 Second Floor Restaurant Restaurant/Eating Place 116 W Rezenof Drive Sook C Yun Kim 2011 x 3458 Angelo's Restaurant/Eating Place 2625 Mill Bay Road Anna Maria Kaloumenou 2011 x 4611 Buskin River Lounge Beverage Dispensary- Tourism 1395 Airport Way The Kishan Group Inc 2011 x 3496 Odom Corporation, The Wholesale - General 5152 Tom Stiles Rd B Odom Corporation 2011 x 3932 Alaskan Wilderness Wines Winery 498 Shearwater Lisa & Steven Thomsen 2011 x KODIAK ISLAND BOROUGH V::titaffie AGENDA STATEMENT Isaa4 REGULAR MEETING OF: DECEMBER 1, 2011 ITEM NO.: 13.D.3 TITLE: Assembly Approval of a Partial Vacation of the Right of Way of Perenosa Drive. (P &ZC Case 512 -005) ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: P &Z Case Packet, Minutes of the meeting APPROVAL FOR AGENDk ' n csy.W SUMMARY STATEMENT: - This request was made to reduce the width of the Perenosa Drive Right of Way from 60 feet to 30 feet. - That reduction would occur by taking away 15 feet from of each side of the right of way. - The reduction would leave 30 feet in the middle of the right of way. - This area would be retained as public lands and is the location of existing city utilitilies and a future pedestrian and bikeway. This pathway will lead residents to the intersection of Sitkinak Drive and Rezanof Drive and to a safe location to cross Rezanof Drive to the recreational fields, KANA as well as Safeway and Walmart. The Planning and Zoning Commission approved the vacation with conditions. RECOMMENDED MOTION: Move to approve a partial vacation of Perenosa Drive Road right of way subject to the conditions of approval and findings of fact in the Planning and Zoning case packet (Case S12 -005) dated October 2, 2011. Kodiak Island Borough Page 1 of 1 Discussion regarding traffic, noise, and change of use. ROLL CALL VOTE ON MOTION CARRIED 4 -1. The ayes were Brent Watkins, Bill Kersch, Alan Torres, and Rick Vahl. The no was Alan Schmitt. COMMISSIONER WATKINS MOVED to postpone findings of fact to the November 16th regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 512 -005. Request Preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Perenosa Drive Right -Of -Way adjoining Lou 3A, 3B -1 and 3B -2, Block 1, Kadiak Alaska First Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision, and Lot 2, Block 2, Kadiak Alaska First Addition, to be located on both sides of a 30 foot remainder Right -Of -Way centered over underground municipal water and sewer utilities. The applicants are Bill Alwert, Charles Jelling, Chris Otto, Gary Darrah, and Daniel Rohrer. The agent is Bill Alwert. The location is 3300, 3310 and 3360 Rezanof Drive, 3420 and 3424 Sitkinak Drive, and 3244 Perenosa Drive. The zoning for Lots 3A, 3B -1 & 3B -2, Block 1, Kadiak Alaska First Addition is B- Business, for Lots 18 & 19, Block 2, Trinity Islands Subdivision and Lot 2, Block 2, Kadiak Alaska First Addition is R3- Multifamily Residential. Cassidy reported this is another case the commission has seen before but it involves only a portion of right -of -way vacation and it's only the northern half of the original request. It's a vacation of the outside 15 feet on both sides of a 60 foot right -of -way. A 30 foot interior will remain because it's the City of Kodiak sewer and water utilities which is also being looked at for an urban trail. COMMISSIONER SCHMITT MOVED to recommend that the Assembly approve, in accordance with KIBC 16.60, the vacation of a portion of the undeveloped Perenosa Drive right -of -way, as depicted on the Applicant's map and to adopt the conditions of approval and the findings in the staff report dated October 2, 2011 as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony. Discussion regarding financial gain, vacations, it being a road, state statutes, uses, and fencing, CONDITIONS OF APPROVAL 1. This vacation of right -of -way is subject to Kodiak Island Borough Assembly veto authority per Kodiak Island Borough Code 16.60.060 A. 2. The applicants must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, and addition of this vacated area to each adjoining lot within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. 3. That portion of the ROW remaining should be given a Tract designation in the subdivision process stating that the remaining ROW is reserved for access to public utilities and for pedestrian and bike trail purposes only. 4. Prior to final approval of the subdivision, the adjacent property owners are required to install a fence acceptable to the Resource Manager along the new property line in an effort to avoid future conflicts with trail users. FINDINGS OF FACT 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a portion of a public right of way that is consistent with adopted Borough plans for this area. 10/19/201 P &Z Minutes Page 2 of 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY • ^ I • • Kecreaalon Committee recommendations and other communications, according to KIBC 2.120.030.D, for the Draft Kodiak Road System Trails Master Plan prior to review and adoption of the plan by the Kodiak Island Borough Assembly. The Planning & Zoning Commission will render its own recommendation within 30 days or the plan will be deemed to be approved and forwarded to the assembly on that basis; and A review, according to KIBC 2.105.030.A & J, of the Draft Kodiak Road System Trails Master Plan, as a proposed new element of the Kodiak Island Borough Comprehensive Plan once adopted by the assembly. The location and zoning varies. Cassidy reported stated one of the Parks & Rec Committee's roles is to identify recreational demand in the community, and they have been focusing on the Trails Plan that will be part of the Comp Plan. Its identified in the Comp Plan that it's recommended to be done. The Parks & Rec Committee have had a substantial amount of testimony at their public meetings with large turnouts. They have been working diligently the past 2 1 years on the trails plan. Staff recommends you forward this to the Assembly with a recommendation for approval. Cassidy stated he was told that if the commission feels it's in the best public interest to postpone this to the following month it would be fine. COMMISSIONER VAHL MOVED to postpone making a recommendation to the Assembly on Case 12- 015 until the November 16, 2011 public hearing to allow for public testimony. The public hearing was opened & closed. Public testimony was given by: Pam Foreman, a Parks & Recreation Committee member, spoke in support of the Trails Plan. Discussion 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: the establishment of a Recreational Vehicle Park and Automobile Repair Garage dated September 8, 2011 Cassidy gave a brief report on the communication. COMMISSIONER VAHL MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • November 14, 2011 work session at 6:30pm in the Assembly Chambers. • November 16, 2011 regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • July 26, 2011 Parks & Recreation Committee 10/19/201 P &Z Minutes Page 3 of Public Hearing Item 7 -B P &Z October 19, 2011 � ,r Request: Preliminary approval, according Qe I <' 16.60 '�i ( r , r Loc a eJfDn vacation de) 15 -f oot portion odElta Perenosa opi�vp- p e3 g • 92 -o I 9Jadjoinin LOD TA, a adgt34 Block 1J ���� Kadiak Alaska First Addition, t: �.I Lot 93eJ 9a Blocky ���� DIO Alwert, L , Islands Subdivision, a ILL& Block `(> Kadiak Alaska lr $M Add ition, located (e7iaee CIM o ee remainder centered MO underground municipal t=ile E • sin S c7 a l ick Ma L • X 4 - �4sa �O' P USS 1682 � 11 it TRACTS ��irp SS 3512 0� O ^ P ® a 9); itzitt 4 • TRACT A -1 � ; `�� 10•L * .,2 v * .A4P- ,4, M M , .,,,,,,.,,,, ,g,c(.3 1 ta vs... 1 RE m �® vis < 0 4 / Nit IP 1 4144 .. USS 3218 �,, � ' ®® USS 3469 G b/AL. $$u , gi p ®® p P � 2 gi PP Qek • • • (5. #4 nit 4. 4 4t 2 4 d ' o at* a ee„ Kodiak Island Borough GIS System e aJ rt - 0 175 350 700 1,050 1 400 Feet MS nap was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general loradon of a property within the Kodiak Island Borough. The 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. S12 -005 Introduction Page 1 of 8 Public Hearing Item 7 -B P &Z October 19, 2011 o 0 0 0 0 o� o ° 0 k g\‘' Case No. S12 -005 Introduction Page 2 of 8 Public Hearing Item 7 -B P &Z October 19, 2011 4. , Kodiak Island Borough Zoning Map lk m . Community Development Department � &Mate Zoning Request: Preliminary approval, according (tj. DIV 16.60, data vacation J® 15 -foot portion CQtir13 Perenosa pro - IP b E Case 0§9 -UU5 Q>1�'� adjoining l(e�ji ffy9 elMa Block 9 Efth Alwert, [ Val. Kadiak Alaska First Addition, ©Zig@913-.,�,.j11aBlock&l ROO Islands Subdivision, .11 • BSI• `[J Block `[gyp Kadiak Alaska gligAddi tion, b.(b- located loZll .. . - dagoo e. remainder RON centered cyscg underground municipal ' 4th 'r S 1682 r3 ti" 4 G US 0 170 340 680 At "7 , g r i p I r r r I I I I 1 TRACT Feet rty. ,,t. A ® ar ...„:„, .,_ TRACT Alik ^ . .r e rip• • ®t ' 7 Af ^� , C �' W tO i' M M §,,,I- ® <eP A ' • w co 41 1 a lee . D D ■ w * O > ® V ^ P z 'ICi ^ � � ^ 7, - 3 . w 5 in �® z w _ E ryp USS 3218 q, ® ®.* USS 3469 M ' l >zzr Zoning Legend Public Use Lands I I Rural Residential 1 I Multi Family Residential Light Industrial ® Watershed I] Rural Residential 2 1 Business I I Rural Neighborhood Commercial I Conservation I Single Family Residential I I Retail Business ME Urban Neighborhood Commercial I I Rural Residential I Two Family Residential I I Industrial I Natural Use This map was prepared from the Kodiak Island Borough's GS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. The map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT nepzdment at (907)486-9333. Case No. S12 -005 Introduction Page 3 of 8 Public Hearing Item 7 -B P &Z October 19, 2011 \CO .Q.* 00 0 0 00 O 0 o� �o 0 k \‘' Case No. S12 -005 Introduction Page 4 of 8 Public Hearing Item 7 -B P &Z October 19, 2011 Request: Preliminary approval, according ml; - r'c,16.60, Participating Parcels deka vacation Wei 15- foot portion e Perenosa care P123 LS ease 2 -005 @CM adjoining Ikaa EA EA?Iff} , Block p r �� Kadiak Alaska First Add ition , eariL1Tb9iQ� 9a Bloc ka, LO Alwert, IS nil. iitlia Islands Subdivision, �i:J flaa, Block Q Kadiak Alaska lr$MAddition, Qe)I772located CM . o Cgtfl o o e remainder PC198 centered COW underground municipal water 4. 00 N _ a4 ?7 D � . : . r � �� • N Ln ► �'. se ' ' , `?A6S rih ( l , '• S M M f� r - . o no • i ,I c leo 3S op sca tort, (8) A ry 4 4 e Et op o AIS C3 C0 r r "TO /, N op rip PI In h ^b rt W ��h.. d 0 4O ( s 9 tit . ,,, N op ti op Legend 1, N 0) Q . --% � / Participating Parcels r�� (�■ � 5 � b ^N h "j p�` " 7O 4 ■ N ell ' "ti O N- 6 43221 �' - Case No. S12 -005 Introduction Page 5 of 8 Public Hearing Item 7 -B P &Z October 19, 2011 NO Q * O \ 1/4 0 )1C.1/42 9 0 o� o 0 . Case No. S12 -005 Introduction Page 6 of 8 Public Hearing Item 7 -B P &Z October 19, 2011 DU Request Preliminary approval, according tom 1 6 .60, Image Overlay dhl'La vacation dip 15 -foot portion dap Perenosa P b � Case M2-005 paw adjoining a ��{}9 aid c �] Block'. /�� KadiakAlaskaFirst Addition, p,.p.J9� Alwert, � �5 Islands Subdivision, p ike& Block ` Kadiak Alaska G'tl lAddition, 0 bp located CQ Crirk Nag C . e remainder -o centered ..?underground municipal e- - euGldt>Htm , --s z r v '� tea yr ANA r �. , k f + � y �fS "� 11 1 . ~ •.. I • _ Q I "RY n `� w , .,, !, 1 , / e ,G�,(,q ® ♦ 46, 1 �^• ` t t`N " a Si„{ � '4y l° . � t ;§ i'....-4c T .. a #1 .P O "' . , Y ( J iv,, : x r J , - : � , x � ir• j ,..4.-1',....e . II : - Ce) '21 !I ,• z -.., „ /1 x FK♦ I S 1t d J A l A .. ? ij 0 t . ¢ ^ - ' ? g / • ' * s t. 3 E 5- b `fi ^� y S e 1fi¢j�ZS� .1 g b S � � c ,� Q ` x ^ (�j " SP �'�a ,24*, }' p /jib!' r /-,;•, r i yt� "Y5' + .! Y.s 1 . t• ¢ � . j. 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" r 17� • Case No. S12 -005 Introduction Page 7 of 8 Public Hearing Item 7 -B P &Z October 19, 2011 O O Q* O \ 9C1/47 O O r_\ O O k .\\ Case No. S12 -005 Introduction Page 8 of 8 Public Hearing Item 7 -B October 19, 2011 P &Z SUBDIVISION APPLICATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD KODIAK, ALASKA 99615 - (907) 456 -9363 APPLICANT INFORMATION i/ /4 �S D/%✓�5 Applicant's name: _sue ,4 - ,Tro� (l r - Applicant's mailing address: / • -gel( /7 /( Veer, ✓> U .yen d'en S Si S City: ,e0c State: -/C ZIP ?4 s Home phone: P ` SS/( Work phone: S3 9 - retisr If applicable, agent's/surveyor's name: sue' 4 /7 4 i- C1/ e r ct- Agent 's /surveyor's mailing address: /6. go/ ( /J City: 7/04467e... State: ,2. ZIP: 9c/ Clc Home phone: `fl Work phone: Sae/ — 7/35 PROPERTY INFORMATION Property ID Number /s: / v iO tre, &/ 5 Current legal description: Pa.enoe✓ O -P /az 10 s fi ,..� -r'-L QA/-A �cL r) �L t_ KO the- /G �/L5 �7a-✓ "1el eo 7U j reCkecicG D,F / t/l -.. Proposed legal description: 17:41 di ,e d- t✓ - // ✓-f3/ elm /c L/Cr✓t oe C Sec/ CT- STA FF USE ONLY Subdivision Fees Payable in Cashier's Office Preliminary plat (up to 12 Lots) KIBC 16.40 pAiD Abbreviated plat KIBC 1630 (per KIB Assemble Resoluta / Vacation KIBC 16.60 AUSt$ ) Waiver KIBC 16.10.050 KatialeisiMnd Bum iii Application received by: e - - , - ' / Staff signature W aiver 575.00 Date: A (// 2 - oOS \\ Dove\ departments\ CD \ Templates \fonn \ComDev\FonnsW - Revised Subd Application 7_13_05.DOC 7/13/2005 Application - Page 1 of 8 Public Hearing Item 7 -B October 19, 2011 P &Z D 0 \ C"- 0 O 0 0 O 0 k \‘' Application - Page 2 of 8 Public Hearing Item 7 -B October 19, 2011 P &Z p IECEW Aug. 29, 2011 AUG 3 1 2011 J COMMUNITY DEVELOPMENT DEPARTMENT We the adjacent property owners of the vacated Perenosa Drive would like to have that portion of the vacated so we would gain another 15 feet of property. Print LOT 3A / Name: kY l // 'i i�iL W/,q[Signiture: % " , . Date: 6" ^ // 41 7- 1- 45 - 6(e50,3 /z 73364 ,O4 as/ oe�0 LOT 3B ) Name:Chrr1ts . erT,,Signiture: , Date: � i i 'Qes":Sd/703 /LfS4, (,is o .Qty /e i ,o e Y � LOT 18A Name ( s 0 Signit I e: Ara Date: / /3o /// 757S0 6 a /8'o(z (f 644 .sen' --✓'ac D / ✓f_ LOT WA Q Name:, 2v � / Signiture: �U Dat �l :7s-es ° ° /9d /Zfcsa .3 zv Senc..nic aRe vc- LOT 1 1(7 14 Name: v, lf ( A Po Iwc Signiture • .' I . te: B40/36 / b /1��� 4d44 ✓ l�C�✓cQfi D.�. P 737 sazca 267,2/r47' ja •3z 4 l i f -654 A%rt it Application - Page 3 of 8 Public Hearing Item 7 -B October 19, 2011 P &Z a p 4 \ t ) a p 7 'V- wi I,c� / • AREA TO BE VACATED ti .61/ Pt'+! �` i yp a f -- o t' .Jl sR Li S^ t ' �i('+"� w x _ — 12%. •„ k itiv � t . . ( ,. ' S * d j. 3 + ,t . ' 't ° - L � ' • « i • o 3l REZANOF DRIVE To North School _ ,, J • o — • 'mi w.� ... 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Y 1 i l yo c S � y.6 0 . 1 1, i S ' J * ,. , co A. :14s' � Y A ' � i r R % R • q f N f t ( �� 41 If�ty i L d n[^o� ,� , IN ` i4.;.„1 s tt SS t h :b � ^ � } b -, 1 t i i . i ,. R .� f a ; ! •$,- _ _ 4. _ t r S' } • ( t Public Hearing Item 7 -B October 19, 2011 P &Z P i -1 Y . 44744 h ' ' .10 C q tr y = eM► �Lt v j.� � I �. tip ft a ., • ° j # - 1 t s inn �- - A r 4s • � rt r u N m C T,7p ±,� 1:� /r 1 c " < r._,-,. • t . 'o:� _.,�W' ' x � "1 t' G • S �` 'r. ; St NV d =r " � a'�G $--&' 1Y _V t . ' ', .r 1s L �z ';FA .0 M'�ir t 'a : , '-- t r .#;,,.� < .. k f i w b f S G 4r 'V 0..T• kt- i 'rk r I g < j'�' a ' y " . i . T l '+"� - $. .,--,44 .S Yt - rh .: Q " Y, i " t -2; t ' i y+. . 4 7 �' - w, 3r + �' .+. y ' . ` �i� C q � ^ ? � Y • r ¢ } ' n w < .. arse" ■ lY � 1 )f A rt J �. +� f fn s ,r ..4.- "•-• ,5 ; .i, S . rj > - � � F _ ..$— a i� tltl z ,Y,, p, l v. v .. k` + F ,7 ' . : i >." a ' s .�. , r.�. ,t, ,,', " ' : a . r y ... ' ..i . — VIN, +.'g r 1...7. i 9 " s ," VG lj ' • t '> 'y T r • J b • • ] z 1. ... ; s a 1 • 2: ft; t fs c • 'a r r .. I c.i ' A e.-. .r , Application - Page 6 of 8 Public Hearing Item 7 -B October 19, 2011 P&Z Page l of 1 [SRI 6SRI Support Center Help Kodiak Island Borough Results Map Contents •q 1 [ - J ' " a . "I " $ �' �nC> r '9 - :t om f - Fete I tFY�" (�' �t � � y a's r , ♦t�, :. � . r water Features ` M 1 ' r t,' t _ ° °"4+1 • r Laceir D * 1 I ., �� ,�' - - .a i , • F Streets t 1 10 ' ` - A • F parcels , 1 C i :� ' fi b t ... F Y�55 ¢ 'S � �" f AZ-14k; s� • F ueckaround Imagery 1 -} 4 u � F � , ` 4 ' 5 € .4't' y �r 6m lmagerY n" "' ,y F t i Ihlmagery • a /a 4S fr a l Ii am!ma t M Imagery 1m lma ` s ..--c-;;>k. gay Shap es 1 j � 1 �'j� Shapes S! , 1 � tr 1 J 4 f Y hi a�5 V p &A • art « - �;� � .¢ ii O l �. 0 V ,. l . _ 11 � #` •� ri s , I a ,.1, Lx rt.Y, 1 �7 d • .Y H ae zi http: / /gis.kodiakak.us/KIB/ 5/26/2011 Application - Page 7 of 8 Public Hearing Item 7 -B October 19, 2011 P &Z \U O \ 71--) 2 O O D O O 4 Application - Page 8 of 8 Public Hearing Item 7 -B �J ,p October 19, 2011 P&Z �* * ' * Kod i k Isl'i 1,�fG ' 1 orough %- Community Development Department y �(�!'{ 710 Mill Bay Road Room 205 ;v= , �» ` ; ' Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us September 13, 2011 Bill Alwert PO Box 1711 Kodiak, AK 99615 Re: Case S12 -005. Request preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Perenosa Drive Right -Of -Way adjoining Lots 3A, 3B -1 and 3B -2, Block 1, Kadiak Alaska First Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision, and Lot 2, Block 2, Kadiak Alaska First Addition, to be located on both sides of a 30 foot remainder Right -Of -Way centered over underground municipal water and sewer utilities Dear Mr. Alwert: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their October 19, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, October 12, 2011 at 6:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, ecyl& Sheila Smith, Secretary Community Development Department CC: Charles Jerling Chris Otto Gary Darrah Daniel Rohrer Public Comment - Page 1 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z Kodiak Island Borough /i i %a 4_19 A , Community Development Department 710 Mill Bay Road Room 205 ��� ' � Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us To: PRELIMINARY PLAT REVIEW AGENCIES Alaska Communications Systems - Engincering Department -Kenai City of Kodiak - Building Officials City of Kodiak - Public Works Department Fire Marshal GCI Cable, Inc. Kodiak Island Borough- Resource Management Officer Kodiak Island Borough Parks & Recreation Committee Kodiak Electric Association - Engineering Department United States Postal Service Kodiak Island Borough - Information Technology Department FROM: Sheila Smith, Secretary DATE: September 13, 2011 RE: Case S12 - 005. Request preliminary approval of the vacation of a I 5-foot portion of the Perenosa Drive Right -Of -Way adjoining Lots 3A, 3B -1 and 3B -2, Block 1, Kadiak Alaska First Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision, and Lot 2, Block 2, Kadiak Alaska First Addition, to be located on both sides of a 30 foot remainder Right -Of -Way centered over underground municipal water and sewer utilities. The Kodiak Island Borough Community Development Department received the enclosed plat for review and action by the Kodiak Island Borough Planning and Zoning Commission at their October 19, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. We would appreciate your review and comment regarding this proposed plat. The week prior to the regular meeting on Wednesday, October 12, 2011 at 6:30 p.m. in the Kodiak Island Borough Conference Room, the Commission will hold a work session to review the packet material for the regular meeting. Therefore, we will need to receive your comments no later than 5:00 p.m. on Tuesday, October 4, 2011 in order for your comments, suggestions, or requests to be considered by staff and discussed at the packet review work session. If we do not receive a written response from you by October 4th we will conclude that you have no requests or suggestions. Our FAX number, should you wish to use it, is 486 -9396 or you may email comments to ssmith(Aodiakak.us. If you have any questions, please call the Community Development Department at 486 -9363. Public Comment - Page 2 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 September 13, 2011 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 19, 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: S12 -005 APPLICANT: Bill Alwert, Charles Jerling, Chris Otto, Gary Darrah, and Daniel Rohrer AGENT: Bill Alwert REQUEST: Preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Perenosa Drive Right -Of -Way adjoining Lots 3A, 313-1 and 3B -2, Block 1, Kadiak Alaska First Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision, and Lot 2, Block 2, Kadiak Alaska First Addition, to be located on both sides of a 30 foot remainder Right -Of- Way centered over underground municipal water and sewer utilities. LOCATION: 3300, 3310 and 3360 Rezanof Drive; 3420 and 3424 Sitkinak Drive; and 3244 Perenosa Drive. ZONING: Lots 3A, 3B -1 and 313-2, Block 1, Kadiak Alaska First Addition, B- Business; Lots 18 and 19, Block 2, Trinity Islands Subdivision and Lot 2, Block 2, Kadiak Alaska First Addition, R3- Multifamily 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 Tuesday,October 4, 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. One week prior to the regular meeting, on Wednesday, October 12, 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: flailing Address: Your property description: Comments: Public Comment - Page 3 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z Current Location Request Preliminary approval, according to KIBC 16.60, 3300, 3310, & 3360 Rezanof Dr.; of the vacation of a 15 -foot portion of the Perenosa Drive 3420 & 3424 Sitkinak Dr.; & 3244 Right -Of -Way adjoining Lots 3A, 3B -1 and 3B -2, Block 1, Perenosa Drive Kodiak Alaska First Addition, and Lots 18 and 19, Block 2, P & Z Case S12 - 005 Trinity Islands Subdivision, and Lot 2, Block 2, Kadiak Bill Alwert, Charles Jerling, Chris Alaska First Addition, to be located on both sides of a 30 foot remainder Right -Of -Way centered over underground Otto, Gary Darrah, & Daniel Rohrer municipal water and sewer utilities. 2 �Q I 31]t t r^ n `� N � 51 0 P� c o 31 4 a . , 4 15 342 3 5 U HARLEQUIN CT ' ^P USS 1682 � ? di i t' 4e 2 S 3 512 11 I A ® � 4 P 1111 OF '71�' sH , r q R i k e P R of , - ♦ ' S ^ T RACT A -1 J � \ 541 ^Oy 1 n� � 1 .• N l ' �l t ° r F ri' � ^a ry -�., l S/ �iry���R tiJ ��QS9 0 Ri if, bi ' % i `� Approximate Location of ,0 F . , Proposed 15 foot Vacation ' 0 Q ¢ 4 , * ,L of Easement on Both Side - /� P �o 00- © a q. tN P C9 I ® a R Ro 31 ry 6M1�y << III . 4,-Doefr O ^ ° � e o4, USS 3218 ti a ' . 4:4 • ` P P PNee. i �p G i m c is,,, gil alit stAt 'iis ..1/4:y „ , • Aer 41 - , .. A p -° Kodiak Island Borough GIS N -g , Legend w � ' E Feet V W ° 1 Z 1 1 4� 1 1 0 840 Not Area s • This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general Iocagon of a property within the Kodiak Island Borough. This map does not represent a survey. Mare information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Public comment - rage 4 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z ALWERT FISHERIES INC ANDERSON CONSTRUCTION CO, MARGENE ANDRUS P.O. BOX 1711 LLC PO BOX 262 KODIAK, AK 99615 P 0 BOX 2310 KODIAK, AK 99615 KODIAK, AK 99615 JOSEPH BAILOR CHARLES R BARBER ROBERT BARTON 3535 SITKINAK DR PO BOX 8733 PO BOX 8995 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 BRECHAN ENTERPRISES INC EUGENE BUTLER JOSE CASTRO P.O. BOX 1275 3385 TUGIDAK CT PO BOX 2246 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 STEVEN COOLEY MAURICE COSTELLO FRED COYLE PO BOX 682 PO BOX 754 PO BOX 2071 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 GARY R DARRAH ROLAND DORMAN DENNIS DUPRAS PO BOX 1943 3462 SITKINAK DR PO BOX 2667 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DUNCAN FIELDS JAMES GRAHAM ETAL MATTHEW HARTT ETAL PO BOX 25 PO BOX 3147 PO BOX 250 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DAN J HELM JOHN HUSTER AGUSTIN IRAHETA PO BOX 3289 PO BOX 1029 PO BOX 799 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JERLING ENTERPRISES, LLC PHILLIP JORDINELLI THOMAS KELLY 1212 MADSEN AVE. PO BOX 8764 2020 BEAVER LAKE DR. KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 GARRY KERNAN MICHAEL KERWOOD KODIAK AREA NATIVE ASSOC 1315 ISMAILOV ST. PO BOX 74 3449 REZANOF DR E KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK CHRISTIAN EDUCATION KODIAK ISLAND BOROUGH DANE LARSEN PO BOX 49 710 MILL BAY RD PO BOX 29 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Public Comment - Page 5 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z JOHN LARSEN ETAL ROGER N MALUTIN ROBERTSON MARQUARDT 3231 KATMAI DR PO BOX 2846 3243 KATMAI DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RAYMOND MAY ORLANDO MERCADO ETAL NIARK MOORE PO 130X 8985 PO BOX 3011 3259 KATMAI DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DAVID MORTON CHARLES NIELSON EMIL NORTON II 1958 SACRAMENTO 3251 KATMAI DR PO BOX 2731 WESTON, FL 33326 KODIAK, AK 99615 KODIAK, AK 99615 TAKESHI OKI MICHAEL O'NEAL CHRISTOPHER OTTO PO BOX 2077 992 ALAMEDA AVE PO BOX 8424 KODIAK, AK 99615 ASTORIA, OR 97103 KODIAK, AK 99615 MICHAEL PESTRIKOFF AMANDA P1KUS SHARON PORTER ETAL 18860 TALARIK DR 201 CENTER AVE 3247 KATMAI DR EAGLE RIVER, AK 99577 KODIAK, AK 99615 KODIAK, AK 99615 RAM DEVELOPMENT ETAL ARTHUR SCHULTZ KARLETON SHORT 2812 70TH AVE E. 3580 SITKINAK DR 3446 SITKINAK DR FIFE, WA 98424 KODIAK, AK 99615 KODIAK, AK 99615 CLAYTON SKONBERG MARY JOY SMITH DAVID SPELLMAN 3600 SITKINAK DR 3425 TUGIDAK CT PO BOX 3359 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ST PAUL LUTHERAN CHURCH STEVEN TIDWELL THOMAS & MARY JO WALLO P O BOX 102 PO BOX 8904 FAMILY TRUST KODIAK, AK 99615 KODIAK, AK 99615 3420 CHIRIKOF CIR KODIAK, AK 99615 CRAIG WALTON RICHARD WHITNEY PO BOX 477 260 PATTERSON ST KODIAK, AK 99615 ANCHORAGE, AK 99504 Public Comment - Page 6 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 September 13. 2011 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 19, 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: S12 -005 APPLICANT: Bill Alwert, Charles lerling, Chris Otto, Gary Darrah, and Daniel Rohrer AGENT: Bill Alwert REQUEST: Preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Perenosa Drive Right -Of -Way adjoining Lots 3A, 3B -1 and 3B -2, Block 1, Kadiak Alaska First Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision, and Lot 2, Block 2, Kadiak Alaska First Addition, to be located on both sides of a 30 foot remainder Right -Of- Way centered over underground municipal water and sewer utilities. LOCATION: 3300, 3310 and 3360 Rezanof Drive; 3420 and 3424 Sitkinak Drive; and 3244 Perenosa Drive. ZONING: Lots 3A, 3B -1 and 3B -2, Block 1, Kadiak Alaska First Addition, B- Business; Lots 18 and 19, Block 2, Trinity Islands Subdivision and Lot 2, Block 2, Kadiak Alaska First Addition, R3- Multifamily 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 Tuesday,October 4, 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(alkodiakak.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, October 12, 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. 2 � Your Name: 9ipt'J L.N L. j' . 3a*' £b%.. Mailing Address: f !� D 13 pyq_, , .go bt41c sac. - Your property description: '$ 5•{S fG aA Oa Se, y� Comments: taro. sys cavn CIF ' t + )w dro p v6e va Gatten ne Th y, t%ys o5c - O - w t t. yt,yt h,eaatJ r,sv.dL 46aaS Cnv cle&s) IN en at,b), _ 5;P-iv ly_ 1 t 5 ?r ar,, 1aA b )C. a en, os. - IidiAtAtilc S, tr. - JGf. R )rp_.,ek C.K.A. lcd� w Tat - w�a ...a- G w+4 tv'... - tt a 45 9art ,r I^GSs d c... ir: ab SEP 2 1 2011 CO,@MIINKYnrvr1 PArNT OEMPULEW Public Comment - Page 7 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 September 13, 2011 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 19, 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: 512 -005 APPLICANT: Bill Alwert, Charles Jerling, Chris Otto. Gary Darrah, and Daniel Rohrer AGENT: Bill Alwert REQUEST: Preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Perenosa Drive Right -Of -Way adjoining Lots 3A, 3B -1 and 3B -2, Block 1, Kadiak Alaska First Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision, and Lot 2, Block 2, Kadiak Alaska First Addition, to be located on both sides of a 30 foot remainder Right -Of- Way centered over underground municipal water and sewer utilities. LOCATION: 3300, 3310 and 3360 Rezanof Drive; 3420 and 3424 Sitkinak Drive; and 3244 Perenosa Drive. ZONING: Lots 3A, 3B -1 and 313-2, Block I, Kadiak Alaska First Addition, B- Business; Lots 18 and 19, Block 2, Trinity Islands Subdivision and Lot 2. Block 2, Kadiak Alaska First Addition, R3- Multifamily 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 Tuesday,October 4, 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 entail your comments to ssmith(Wkodiakak.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, October 12, 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. i{ Your Name: ti1�O:OW r Ayi Pt Ids Mailing Address: P (). 'gen' 20 Your property description: (r — 3 / / Comments / ti � iX . f t� 4re J r te") P Naop / Ls �7 7 6i forP �iI..J/ - 61/A -40 14 &big.fi ^.nn �tiel f /a' LAP r 1114MNIW E D a I err Public Comment - Page 8 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z 1 N 3111 Pcna IN ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT S e nber 1107 � - 0 7 1 Mill Bay Road, Kodiak, Alaska 99615 41 l� Public Hearing Item 7 -B -3 1,151 ‘ I HEARING NOTICE A public hearing v711 be he on ' ednesday, October 19, 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: S12 -005 APPLICANT: Bill Alwert, Charles Jerling, Chris Otto, Gary Darrah, and Daniel Rohrer AGENT: Bill Alwert REQUEST: Preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Perenosa Drive Right -Of -Way adjoining Lots 3A, 3B -1 and 3B -2, Block 1, Kadiak Alaska First Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision, and Lot 2, Block 2, Kadiak Alaska First Addition, to_be-locatedon both sides of a 30_foot remainder - Right -Of- . -- Way centered over underground municipal water and sewer utilities. LOCATION: 3300, 3310 and 3360 Rezanof Drive; 3420 and 3424 Sitkinak Drive; and 3244 Perenosa Drive. ZONING: Lots 3A, 3B -1 and 3B-2, Block 1, Kadiak Alaska First Addition, B- Business; Lots 18 and 19, Block 2, Trinity Islands Subdivision and Lot 2, Block 2, Kadiak Alaska First Addition, 113 - Multifamily 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 neinients must be :reeved ?:v 5 not ca Tuestinv.eztober 4. 'Ai i io be considered he the comai -sitm. 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(w,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, October 12, 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:(JI,r 1 C `r LYj^ 6 Mailing Address: 3 H ' - Your property description: L I �J �!,� L ' l '-'. - -- —_ -- Comments: ND_ l iLtt4 Lv'r L .�Lt:r ' it+ - CA 7Q r unnz -W - - - - -- -._ _ e. C4- -b anti fir' n-r row r Vet L-a i ar so U 4L . e. pr- t,'i61.15 ojP.dirns in prior - I • ; I ed et pp fa' i at 61't - 4'r R a re vtos a _ a ' . (* po r-f'i tm Public Comment - Page 9 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z 1N3111avaa alumna AUNnAMODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT IIIIpp77 2 3 710 Mill Bay Road. Kodiak, Alaska 99615 ;ptem5BY9011 13° Public Bearing Item 7 -B IC HEARING NOTICE • pu he eating will be held on Wednesday, October 19, 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: S12 -005 APPLICANT: Bill Alwert, Charles Jerling. Chris Otto, Gary Darrah, and Daniel Rohrer AGENT: Bill Alwert REQUEST: Preliminary approval, according to KIBC 16.60, of the vacation of a 15 - foot portion of the Perenosa Drive Right -Of -Way adjoining Lots 3A, 3B -1 and 3B -2, Block 1, Kadiak Alaska First Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision. and Lot 2, Block 2, Kadiak Alaska First Addition, to be located on both sides of a 30 foot remainder Right -Of - Way centered over underground municipal water and sewer utilities. LOCATION: 3300, 3310 and 3360 Rezanof Drive; 3420 and 3424 Sitkinak Drive; and 3244 Perenosa Drive. ZONING: Lots 3A, 3B -I and 3B -2, Block 1, Kadiak Alaska First Addition, B- Business; Lots 18 and 19, Block 2, Trinity Islands Subdivision and Lot 2, Block 2, Kadiak Alaska First Addition, R3- Multifamily 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 Tuesday,October 4, 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 ssmithna,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, October 12, 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: �Ctg I R o 7qT \1 Mailing Address: .333/ jCv4tg O r,t^Q Your property description: / t l3 incr: W1 Comments: IAk in net °r» ° L Q f )r `ce tCe -4kti StYb t isicc � 1 , - n r e5 e • 1 f . • i ea. I • , • / t er o f , 36a Hz ' iouk1 A`�l - 0/3 1,o - Al A - et .% Par✓b c s r . • (I p 4 -' 3 Iv 1,• *+SOILS // � 5.0F : r l4 n 1 erne, ' rte, Tv Lod II t i /65 5 i! En ,- /- /1 "ft) ILace f2 ( ypnosel 4/floe Y10TZrtpa' Sf'kv � tt.tivp r-S alien SL) ✓,`Tort , €,4 ' r A/ s ! DI • rvIcyl Q a pert Cf te 0 orr l i'Vi fr (9 ,'cent/ ivt R Public Comment - Page 10 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z PUBLIC WORKS DEPARTMENT • FR 14 2410 MILL BAY ROAD A. KODIAK, ALASKA 99615 U .} ‘ 7 TELEPHONE (907) 486 -8060 FAX (907) 486 -8066 1 • . L Date October 23, 2008 To: Sheila Smith, Community Development Department From: Mark Kozak, Public Works Director Subject: Review of Case S09 -010 The City of Kodiak Public Works Department has no objection to vacating a portion of the Perenosa Drive Right of Way and turning it into a 30 foot wide Public Utility Right of Way. The Utilities must be located within a Right of Way per City Code section 13.18.20 (C) for the City to take ownership of the utilities. In addition the Public Utility Right of Way needs to be extended in a southerly direction to meet the north property line of Lot 2A Blk 1 so it can be served with water and sewer utilities or a utility easement created across Lot 2A Blk 2 so Lot 2A Blk 1 can be served with water and sewer utilities. J OCT - 5 2011 COMMUNITY DEVELOPMENT DEPARTMENT (i.5ubm1 ed roc Cam 5«- - 5 Public Comment - Page 11 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z O O \I CS1/42 O O O O k .\\ Public Comment - Page 12 of 12 Public Hearing Item 7 -B October 19, 2011 P &Z MEMORANDUM DATE: October 2, 2011 TO: Planning and Zoning Commission FROM: Bud Cassidy, Director SUBJ: Information for the October 19, 2011 Regular Meeting CASE: S12 -005 APPLICANT: Bill Alwert, Charles Jerling, Chris Otto, Gary Darrah, and Daniel Rohrer (Kodiak Christian School) REQUEST: Preliminary approval, according to KIBC 16.60, of the vacation of a 15 -foot portion of the Perenosa Drive Right -Of -Way adjoining Lots 3A, 3B -1 and 3B -2, Block 1, Kadiak Alaska First Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision, and Lot 2, Block 2, Kadiak Alaska First Addition, to be located on both sides of a 30 foot remainder Right -Of -Way centered over underground municipal water and sewer utilities. LOCATION: Perenosa Drive (generally located at the entrance to the Kodiak Christian School and extending to Sitkinak Drive in the Trinity Island Subdivision. ZONING: Surrounding area zoned R3- Multi- family residential and B- Business. Fifty -six (56) public hearing notices were mailed on September 13, 2011. Date of site visit: Various 1. Minimum lot size: N /A. Compliance: The ROW will not be a location for construction 2. Minimum lot width: N/A Compliance: The ROW will not be a location for construction 3. Existing land uses: Homes, schools, and commercial use and fishing gear storage Compliance: Yes 4. Existing structure(s) on the property: None Compliance with setbacks: N/A Compliance with other zoning regulations: Yes Encroachments: Misc. business oriented items Staff Report - Page 1 of 6 Public Hearing Item 7 -B October 19, 2011 P &Z 5. Topography: Provides good building sites: N/A Provides good parking areas: N/A Allows driveway construction to meet maximum slope requirement: N/A 6. Physical Features: Wetlands, streams, drainage courses: No Need for driveway /access restrictions: N/A Adequate line of sight: N/A Adequate access for additional traffic volume: N/A Adequate access from a safety standpoint: N/A Neighborhood character: Low density residential /Business /School Double frontage lots: N/A Flag lots: N/A Adequate access for fire apparatus: N/A Utility installation meets Title 13: N/A Common wall or zero -lot line: N/A Frontage on dedicated public right -of -way: N/A Other road and utility improvements required before final approval: N/A 7. Existing Plat Restrictions: N/A Compliance: N/A APPLICABLE CODE PROVISIONS: KIBC 16.60.010 — Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall deem the area being vacated to be of value to the borough or a city unless proven otherwise. The burden of proof shall lie entirely with the petitioner. KIBC 16.60.020 — Applicants A platted street may not be vacated except on petition of the state, the borough, a public utility or owners of a majority of the land fronting the part of the street sought to be vacated. The petition shall be filed with the platting authority and shall be accompanied by a copy of the existing plat showing the proposed vacation. Staff Report - Page 2 of 6 Public Hearing Item 7 -B October 19, 2011 P &Z KIBC 16.60.030 — Required application. In submitting a vacation application, the applicant shall submit the following items to the community development department director by the deadline established for the commission agenda (the Friday after the regular monthly meeting) to be considered at the next regular meeting. A. A written statement containing reasons in support of the vacation. B. A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated. KIBC 16.60.060 - Additional approval required. A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. REVIEW AGENCY COMMENTS Kodiak Electric Association: "No Comment". PTI Communications: No Comment(s) received regarding this proposed vacation. City of Kodiak: The COK resubmitted their previous comment: "The City of Kodiak Public Works Department has no objection to vacating a portion of the Perenosa Drive Right of Way and turning it into a 30 foot wide Public Utility Right of Way. "The utilities must be in a Right of Way not an easement as shown on the drawing." State of Alaska Department of Transportation: No Comment(s) received regarding this proposed vacation. Staff Report - Page 3 of 6 Public Hearing Item 7 -B October 19, 2011 P &Z KIB Department of Facilities and Engineering: No Comment(s) received regarding this proposed vacation. STAFF COMMENTS The commission has reviewed a similar request. Case S03 -030 was a request to vacate the entirety of Perenosa Drive. In that case the commission recommended to the Assembly denial of that request. That decision was subsequently appealed to the assembly, remand back to the commission and eventually withdrawn. The denial recommendation by the commission was made primarily due to objections by most of the residents of the adjacent residential neighborhood who argued that there remains value to the public in reserving and not vacating Perenosa ROW. And because that standard is clearly spelled out in KIBC 16.60.010 the ROW should not be vacated. The neighborhood argued that the value of the ROW lies in its use as a park as well as a pedestrian and bike trail that provides access from their neighborhood to the KANA fields as well as to business and work destinations. The commission's decision in that case as well as Parks and Recreation Committee's recognition of the value of undeveloped rights of way as a prime location to develop a trail network throughout the community has changed the way that the commission and staff now review vacation requests. In fact, subsequent requests for ROW vacations have been denied by the commission. In the past rights of way were routinely vacated based on the fact that they were not needed for motor vehicle use. Rights of way are now viewed as valuable assets in developing a community trail network. Also, since there are no requirements in the subdivision code to require a subdivider to dedicate land for a neighborhood parks, undeveloped rights of way have been looked at to fill that need. But this case is not about vacating the whole of Perenosa, but just the northern 1/2 of the length of the right of way. . . and not all the its 60 foot width, but just 30 feet ... and that 30 feet will be taken in 15 foot increments from each side of the right of way. The request was worded that way because the middle 30 feet (to be more accurately described by survey) of the right of way will be retained by the City of Kodiak for access to existing municipal water and sewer utilities that are located in the ROW. The commission review of this vacation request should be performed in an identical manner as was done in the 2003 request. That is, the applicants will have to demonstrate that there is no value to the public in that portion of the right of way that they are requesting be vacated. Some of those arguments in support of vacation are: 1. This request does not include the area of the ROW of Perenosa Drive adjacent to the Katmai Residential Neighborhood; Staff Report - Page 4 of 6 Public Hearing Item 7 -B October 19, 2011 P &Z 2. The portion of Perenosa requested to be vacated will not include that area where existing municipal utilities are located; 3. The ROW that will remain and reserved for public utilities, is sufficient in width for constructing a future pedestrian and bike pathway, one that leads from the Katmai Subdivision all the way to Sitkinak Drive. The intersection of Sitkinak Drive and Rezanof Drive is the proper intersection that residents should use in crossing Rezanof Drive; 4. The Perenosa Drive right of way was platted before the subdivision and construction of Rezanof Drive. There is less of a need for this section of Perenosa Drive as a right of way due to the construction of Rezanof; and 5. There have been public hearing notices returned by residents in the Katmai Residential neighborhood who have no objection to this vacation request as long as it is limited to the area described in the applicant's request. But even with arguments provided above, the commission must be convinced that a public interest in the area of Perenosa Drive requested in this case is now being served by other existing roads in the area or is provided with the retention of the remaining portions of the ROW. Lastly, should this vacation request be approved before it becomes final, those portions of the ROW vacated will need to become part of the lot areas of adjacent parcels with the approval of future subdivision. Also: KIBC 16.60.060 requires additional approval by the Assembly. This section reads: "A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. Only through this final legislative action by the Assembly does the vacation request become valid. RECOMMENDATION Staff recommends APPROVAL of this request. Staff Report - Page 5 of 6 Public Hearing Item 7 -B October 19, 2011 P &Z APPROPRIATE MOTION MOTION: Move to recommend that the Assembly approve, in accordance with KIBC 16.60, the vacation of a portion of the undeveloped Perenosa Drive right - of -way, as depicted on the Applicants map and to adopt the conditions of approval and the findings in the staff report dated October 2, 2011 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL: [1] This vacation of right -of -way is subject to Kodiak Island Borough Assembly veto authority per Kodiak Island Borough Code 16.60.060 A. [2] The applicants must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, and addition of this vacated area to each adjoining lot within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [3] That portion of the ROW remaining should be given a Tract designation in the subdivision process stating that the remaining ROW is reserved for access to public utilities and for pedestrian and bike trail purposes only. FINDINGS OF FACT: 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a portion of a public right of way that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. Staff Report - Page 6 of 6 3 KODIAK ISLAND BOROUGH °j;� ' AGENDA STATEMENT y`y REGULAR MEETING OF: DECEMBER 1, 2011 ITEM NO.: 13.D.4 TITLE: Confirmation of the Assembly Appointment to the Kodiak Workforce Regional Advisory Council. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Application submitted 08/22/2011; KWRAC minutes of 09/28/2011 recommending appt.; KWRAC roster �j APPROVAL FOR AGENDA: i p y - 4 SUMMARY STATEMENT: d On August 22, 2011, the Clerk's office received an application from Mr. Jared Griffin for the Arts and Communications seat on the Kodiak Workforce Regional Advisory Council. Mr. Griffin's application was provided to the Council. At its regular meeting of September 28, 2011, the Council recommended the appointment of Mr. Griffin to the Arts and Communications Seat for a term to expire December 2013. Per KIBC 2.155.030 Term, compensation, and appointments. D. The council may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. Vacancies occur and are filled as provided in KIBC 2.100.070. RECOMMENDED MOTION: Move to confirm the Assembly appointment of Mr. Jared Griffin to the Kodiak Workforce Regional Advisory Council Arts and Communications seat for a term to expire December 2013. Kodiak Island Borough Page 1 of 1 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road ;0 Kodiak, Alaska 99615 57.0 F: , $ k Ph (907) 486 -9310 Fax (907) 486 -9391 - EMAIL: njavier(@kodiakak.us BOARD APPLICATION NAME: o.rC l�r-triv HOME PHONE: q07- 942--Ic?o3 WORK: To7 -(2z CELL NO: E -MAIL: icytccno V e�1� c s vv.a;l- cow STREET ADDRESS: `it 7-1 L■ Il. - Ds, /{(L MAILING ADDRESS: 9,oc aocig (0- 'AIL , `lc c ( S LENGTH OF RESIDENCE IN KODIAK: I d 1. s • IN ALASKA: u'1 + • ARE YOU A REGISTERED VOTER IN KODIAK? YES (t.( NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? `( YES ( ) NO 01/ COMMUNITY ACTIVITIES: ` \ oarrT4 • In (LS PL.. \I �l+ a- knew,..: a „ 1 _ -�_r.. clW k Int At, 13 ern„w -,J1 V. c...tt PROFESSIONAL ACTIVITIES: - 1 %4 . P e rare - %. Q bL..a.1v Cobs,, l� e . t.c e t r-c.cs -ra, P.y�SS,�� o : MLIA, ASA >u«c AREA OF EXPERTISE "A'N}.D /OR EDUCATION: (� ) 1,.i r .r 117Y14.WUn,y = Ar. 4 k - S I AM (( INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) t. �r 4' k 1 wV u d&�,Sc eamc:l -( {-{T 3. 4., tar 6 1 ..� � c �S� Q ` 7 2 (lei WI ate Are e or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. - STAFF USE ONLY - Voter ID No Verified 9y. Documentation: Appointment Letter: Applicant's Residence: Borough ( ) sty O Roster Date Appointed: Oath of Ono: Term Expires on: _ Financial Disclosure' Comments: Kodiak Workforce Regional Advisory Council Regular Meeting — September 28, 2011 Page 2 of 3 Administrative Assistant's Note: A copy of the official letter from Alaska Workforce Investment Board was distributed to each member present. NEW BUSINESS A. Council Appointment Recommendations to the Borough Assembly I. Arts and Communications Seat STEWART moved to appoint Jared Griffin to the Arts and Communications seat. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. B. Career Strands Program Project MCDONALD explained the State of Alaska Career and Technical Education (CTE) Plan with emphasis on how career clusters are partnered with industry. McDonald is spearheading the production of a video to call attention to the many career opportunities in Kodiak. The video will be used to lobby legislation, accentuate educational career strands, motivate students, and highlight local industries. C. SB84; Alaska Education Tax Credit — Donation to CTE Programs Kodiak Island Borough School District CTE Coordinator Barry Altenhof encouraged local businesses to take advantage of a tax credit opportunity made possible through Senate Bill 84. Donations would support local career and technical education by funding industry standard equipment, work space, marketing, etc. CITIZENS' COMMENTS None COUNCIL MEMBERS' COMMENTS GRIFFIN expressed gratitude for the opportunity to serve on the Council. STEWART welcomed Jared Griffin to the Council. ZAWACKI stated Kodiak Providence Medical Center has many resources to share regarding the health field. JONES stated he would be willing to provide resources from the U.S. Coast Guard. HIMELBLOOM shared that the book, Assessing 21" Century Skills, published by the National Academy of Sciences would be a good resource. CANETE -HALL stated she is the new manager for Kodiak Job Center and replaced Maureen Butler on the Council. DRABEK noted components of her experience and expertise that will benefit the Council. VINBERG stated Koniag, Inc. will need workers for upcoming construction projects. 1 KODIAK ISLAND BOROUGH a I KODI"tt R REG'ICNAL'ADVISORY COUNCIL 'f n'L+a ., K�z' , 'rv^A »4#i(tt a Lx �zv � fi"ebY..,s ,,.... - .a .__,:... .... NAME TERM WORK CELL EMAIL PHONE PHONE KODIAK ISLAND BOROUGH 2013 Borough Mayor Jerome Selby 486 -4833 niavier(@kodiakak.us 710 Mill Bay Road 486 -3391 Kodiak, AK 99615 (Fax) CITY OF KODIAK 2013 City Manager Aimee Kniaziowski 486 -8640 539 -7600 akniaziowski(e�city.kodiak.ak. us 710 Mill Bay Road, Room 216 Kodiak, AK 99615 UAA KODIAK COLLEGE 2013 Career and Technical Education Coordinator Lorraine Stewart 486 -1209 Istewartno kodiak.alaska.edu 117 Benny Benson Drive 486 -1250 Kodiak, AK 99615 (Fax) KODIAK ISLAND BOROUGH SCHOOL DISTRICT 2013 School Board Member Peggy Rauwolf 486 -1217 942 -1121 prauwolf(@kodiak.alaska.edu 722 Mill Bay Road Kodiak, AK 99615 FISHERY INDUSTRIAL TECHNOLOGY CENTER 2013 Associate Professor Brian Himelbloom 486 -1529 bhhimelbloom(o�alaska.edu 118 Trident Way 486 -1540 Kodiak, AK 99615 (Fax) Alternate, Quentin Fong gfonq(Thsfos.uaf.edu VILLAGE REPRESENTATIVE 2013 Vacant KONIAG, INC. 2013 Manager, Shareholder Relations Jacqueline Madsen 481 -4129 942 -3322 jmadsen(Wkoniaq.com 194 Alimaq Drive Kodiak, AK 99615 KODIAK CHAMBER OF COMMERCE 2013 Executive Director Trevor Brown 486 -5557 486 -7605 trevor(@kodiak.orq 100 E. Marine Way, Suite 300 Kodiak, AK 99615 DEPARTMENT OF LABOR KODIAK JOB CENTER 2013 • Employment Security Manager Alma Canete -Hall 486 -3105 539 -2931 alma.canete- hal(o7alaska.gov 309 Center Street Ext. 6 Kodiak, AK 99615 UNITED STATES COAST GUARD 2013 Comptroller and Operations Dan C. Jones, LCDR 487 -5180 654 -9377 dan.c.lones(@uscq.mil Base Support Unit (BSU) Kodiak, AK Ext. 107 Roster continued on the next page.... Revision Date: 11/16/2011 Revised by: JK 1.' ` KODIAK ISLAND BOROUGH ,vr '° 4457 s'" #; P. ; 1" sys I : ft-Ea „ 1 — ^^t;'-... : 2 , ' ( KOADIAk t OR K EDRCIET w 10NAL ADVISORY COUNCIL • ,< i1S W 'k t. { *d wor c3 "^ .421 NAME TERM WORK CELL EMAIL PHONE PHONE AGRICULTURE AND NATURAL RESOURCES Vacant 2013 BUSINESS MANAGEMENT AND IT Family Chiropractic Center Robert Banks 2013 486 -4042 539 -6950 drrhb2(8gci.net 2414 Mill Bay Road #1 Kodiak, AK 99615 HEALTH AND SPORTS FITNESS Vacant 2013 HUMAN RESOURCE SERVICES 2013 Providence Kodiak Island Medical Center Brenda Zawacki PO Box 8662 Kodiak, AK 99615 ARCHITECTURE, CONSTRUCTION, AND ENGINEERING Koniag, Inc. Sonny Vinberg 2013 486 -2530 907 -306- hvinberci koniaq.com PO Box 78 3876 Kodiak, AK 99615 ARTS AND COMMUNICATION 2013 Kodiak College Assistant English Professor 942 -1903 486 -1229 griffin is red l(cilgma'Loom Jared Griffin PO Box 2094 Kodiak, AK 99615 CITIZEN AT LARGE Alisha Drabek 2013 539 -5015 alishac nunaworks.com PO Box 261 Kodiak, AK 99615 EX- OFFICIO STAFF Kodiak Island Borough School District Superintendent Stewart McDonald 486 -6202 stewart.mcdonaldc kodiakschools.orq 722 Mill Bay Road Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.155 E R� 4jtil l a s` z 0 r ., e) t d z . ,.. s I r -, KIBSD ADMINISTRATIVE ASSISTANT BONNIE BAKER 481 -6202 bonnie.baker(�kodiakschools.orq r t BOROUGHtASSISTANT CLERK JESSICA KILBORN =' 486 -9311 jkilbornekodiakak.us IKODIAK ISLAND' .` OFFICE OF THE BOROUGH CLERK u r x r I OFFICE OFITHE SUPERINTENDENT i f': s 710 MILL BAY ROAD 7 22!MI L L BAY ROAD `' ` ' . j * ' r ROOM 101 ' ,a sa r or -a a . .Ih - i; ';KODIAI< AK 99615 . iy - '' I KODIAK, AK 99615 Revision Date: 11/16/2011 Revised by: JK KODIAK ISLAND BOROUGH a t 61 ' X 47 . -a AGENDA STATEMENT REGULAR MEETING OF: DECEMBER 1, 2011 ITEM NO.: 13.D.5 TITLE: Appointments to the Providence Kodiak Island Service Area Board. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Letter from Providence Kodiak Island Medical Center dated November 8, 2011. APPROVAL FOR AGENDA: SUMMARY STATEMENT: d j Per Contract No. 97 -07A: An advisory board meeting the requirements of 7 AAC 13.030(a) will be appointed by Providence. One assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the Borough the opportunity for review and comment before appointments to the advisory board are made. The Providence Kodiak Island Service Area Board is recommending the appointment of Pat Branson, Ken Knowles, and Steve Honnold to fill Service Area Board vacancies as of January 2012. RECOMMENDED MOTION: Move to voice non - objection to the appointments of Pat Branson, Ken Knowles, and Steven Honnold to the Providence Kodiak Island Service Area Board. Kodiak Island Borough Page 1 of 1 Providence Kodiak Island Medical Center Hospital Administration 1915 East Rezanof Drive Kodiak. AK 99615 1: 907.486.9595 f: 907.486.2336 www.providence.org PROVIDENCE Kodiak Island Medical Center November 8, 2011 Jerome Selby, Mayor Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Appointment of Pat Branson, Ken Knowles and Steve Honnold to the Providence Kodiak Island Service Area Community Board Dear Mr. Selby and Assembly Members: The Kodiak Island Service Area Board is recommending the reappointment of Pat Branson, Ken Knowles and Steve Honnold to fill Service Area Board vacancies as ofJanuary 2012. All of these candidates have contributed to the Board's success for many years as active members and we are grateful they are willing to renew their terms. Sincerely, Donald J. Rush, CEO KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — October 24, 2011 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the agenda and consent agenda to include: *Approval of Minutes - Regular Meeting Minutes of September 26, 2011, and Special Meeting Minutes of October 10, 2011, and October 14, 2011, as presented. *Approval of out -of -state travel for Kodiak High School Jazz Band members as presented. *Acceptance of the FY12 New Visions Grant Award in the amount of $10,000. *Approval of purchase requisition number 00029465 to National American Indian, Alaskan & Hawaiian Educational Development Center in the amount of $80,228 for mathematics professional development and support. PRESENTED: School Board President Norm Wooten presented a plaque of appreciation to School Board Member Jeff Stephan for eighteen years of service to the Board of Education and to the students of Kodiak Island. OATH TAKEN: School Board President Norm Wooten administered the Oath of Office to re- elected Board Members Peggy Rauwolf for a one -year term and Katie Oliver for a three -year term; and newly- elected Board Member Aaron Griffin for a three -year term. ELECTED: Melissa Borton as President of the School Board (By Silent Peggy Rauwolf as Vice President of the School Board Ballot) Katie Oliver as Clerk of the School Board Aaron Griffin as Treasurer of the School Board APPROVED: Motion to acknowledge receipt of the August 2011 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $6,448,065 and year -to -date general fund expenditures in the amount of $1,591,707. Kodiak Island Borough School District Board of Education Regular Meeting — October 24, 2011 SUMMARY Page 2 of 2 APPROVED: Motion to certify the 2011 Advisory School Board election results of newly - elected and re- elected members as follows: Akhiok: David Eluska Chiniak: Jennifer Sargent Danger Bay: Claire Matt and Jillian Diehl Karluk: Mary Rcft and Kristeen Reft Larsen Bay: Alice Aga Ouzinkie: Sophia Clarion and Melodi Anderson APPROVED: Motion to a certificated contract to Megan Morris — BA+0/0 in the amount of $35,659 plus $1,070 special education stipend for 1.0 FTE developmental preschool teacher at Peterson Elementary School for 154 days. APPROVED: Motion to approve a 201 1/2012 administrative contract to Damon Hargraves in the amount of $52,767 for 1.0 FTE ENLIVEN Project Administrator for 117 days. APPROVED: Motion to approve the 201 1/2012 facility use agreement for Larscn Bay School for the period of October 1, 2011, to September 30, 2012, as presented. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's vebsite at www.kibsctorg and on BoardDocs at http://www.boardclocs.conilak/kodiak/Boardnsf/Public KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — November 3, 2011 SUMMARY APPROVED: Motion to enter into Executive Session for the purpose of attorney /client communication regarding pending grievance and to include Superintendent Stewart McDonald and Attorney John Sedor. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minuses are posted on the District's ivebsite al n'wiv.kodiakschools.org. Kodiak Island Borough Assembly Regular Meeting Guidelines December 1, 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 Friend 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;injyellow are consent agenda items. Summary of Consent Agenda Items: Regular Meetingiof October 20,2011. :Approva of the Kodiak Island Borough Assembly 2012 Meeting Schedule; * State of Alaska Alcoholic Beverage Con Board 'I Request,: for. Renewal of LiquorLicensei Applications °Within the'Kodiak IslandBorougfi: Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. ,RegulariMeeting 'of October 20 2011. Please announce: Due to the delay of the radio broadcast and web streaming, please place your calls at this time to speak under Citizens Comments. You will be placed in a queue, and your call will be answered at the appropriate time. 6. AWARDS AND PRESENTATIONS A. November and December Student of the Month Awards — Mayor Selby • Kimberly Boskofsky, Ouzinkie School — November 2011 • Danielle Nero, Kodiak High School — December 2011 Kodiak Island Borough Assembly Guidelines December 1, 2011 Page 1 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 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2012 -11 Amending Title 3 Revenue and Finance Chapter 3.55 Transient Accommodations Tax Section 3.55.025 Allocation of Sales Tax Proceeds. Recommended motion: Move to adopt Ordinance No. FY2012 -11. 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. B. Ordinance No. FY2012 -12 Repealing Sections of Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. Recommended motion: Move to adopt Ordinance No. FY2012 -12. Staff Report — Administrative Official Cassidy Or should the Assembly desire to postpone adoption of the ordinance, you may: Recommended motion: Move to postpone Ordinance No. FY2012 -12 to public hearing at the next regular meeting of the Assembly. 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. Kodiak Island Borough Assembly Guidelines December 1, 2011 Page 2 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions — None. C. Ordinances for Introduction 1. Ordinance No. FY2012 -13 Rezoning Certain Lots Along Spruce Cape Road From R1- Single Family Residential To R2 -Two Family Residential (P &Z Case 12 -002). Recommended motion: Move to adopt Ordinance No. FY2012 -13 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. 2. Ordinance No. FY2012 -01A Amending Ordinance No. 2012 -01 Fiscal Year 2012 Budget By Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. Recommended motion: Move to adopt Ordinance No. FY2012 -01A in first reading to advance to public hearing at the next regular meeting of the Assembly. Clerk's Note: Attached on yellow paper is a corrected version of Ordinance No. FY2012 -01A with back -up information. Copies of the Ordinance have been made available to the public. Staff report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1 . *Approval of the Kodiak Island Borough Assembly 2012 Meeting Schedule. 2 *State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak IsIndBorough' Kodiak Island Borough Assembly Guidelines December 1, 2011 Page 3 3. Assembly Approval of a Partial Vacation of the Right of Way of Perenosa Drive. (P &ZC Case S12 -005). Recommended motion: Move to approve a partial vacation of Perenosa Drive Road right of way subject to the conditions of approval and findings of fact in the Planning and Zoning case packet (Case S12 -005) dated October 2, 2011. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 4. Confirmation of the Assembly Appointment to the Kodiak Workforce Regional Advisory Council. Recommended motion: Move to confirm the Assembly appointment of Mr. Jared Griffin to the Kodiak Workforce Regional Advisory Council Arts and Communications seat for a term to expire December 2013. • Staff Report — Deputy Clerk McFarland Assembly discussion. ROLL CALL VOTE ON MOTION. 5. Appointments to the Providence Kodiak Island Service Area Board. Recommended motion: Move to voice non - objection to the appointments of Pat Branson, Ken Knowles, and Steven Honnold to the Providence Kodiak Island Service Area Board. Staff Report — Deputy Clerk McFarland Assembly discussion. ROLL CALL VOTE ON MOTION. 14. EXECUTIVE SESSION A. Cutler vs. Kodiak Island Borough Recommended motion: Move to convene into executive session to discuss Cutler vs. Kodiak Island Borough which qualifies for executive session under confidential attorney - client communications made for the purpose of facilitating the rendition of professional legal services to the borough. ROLL CALL VOTE ON MOTION. Please invite the Borough Assembly, Administrative Official, Finance Director, and Clerk's Office Staff into executive session. Clerk's Note: The Borough Attorney will attend the executive session via teleconference. Kodiak Island Borough Assembly Guidelines December 1, 2011 Page 4 After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. OR the Assembly may make a motion if necessary. • ROLL CALL VOTE ON ANY MOTION. 15. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231. Please allow additional time for people to call in under Citizens Comments, due to the sequence of the agenda items. 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 Kodiak Island Borough will be hosting the Kodiak Island Mayor's Conference on Thursday, December 8 at 11 a.m. in the Borough Conference Room. The next Assembly work session will be held on Thursday, December 8, 2011, at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, December 15, 2011, at 7:30 p.m. in the Borough Assembly Chambers. The Assembly will hold a special work session on Tuesday, December 13, 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 December 1, 2011 Page 5 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET `y (( <J Regular X Special Date: 24 0 Convened: 7: 30P. in • Recessed: Reconvened: Adjourned: //gy�p- BY: BY: (��� BY: i BY: LGli�G� BY: 962G, cZC t i SECOND: /it SECOND• itG SECOND: /� SECONDatr i l Cal( c.4ataac-tc, • el""Let- /7 oto/.2 -ii . YES NO • -YES NO YES• NO ,.. YES NO YES NO Ms. Austerman r/ Ms. Austerman Ms. Austerman Ms. Austerman ✓ Ms. Austerman Mr. Bonney ✓ Mr. Bonney Mr. Bonney Mr. Bonney , r/ Mr. Bonney t/ Mr. Friend 'r. .•.d k r. Fr - .. -"fir Fria Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan / Ms. Lynch V Ms. Lynch ' Ms. Lynch Ms. Lynch / Ms. Lynch f/ !/ Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens t v Mr. Stephe Ms. Stutes t / Ms. Stutes Ms. Stutes Ms. Stutes t / Ms. Stutes , . '_ _CHANGE OF VOTE? HANGE OF VOTER CHANGE OF VOTE? CHA GE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ??J TOTAL: TOTAL: / TOTAL: TOTAL: , O TOTAL: A____c The mayor may not vote except in the case wh re only six members of the asserr�ly are present and there is a three /three tie vote of the assembly. Mayor Selby )/ Mayor Selby Mayor Selby Mayor Selby Mayor Selby i KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: /N' —F0245/7 Convened: A; t0 '/11 Recessed: Reconvened: Adjourned: BY:,..k BY,felt...41/4_,- BY: Serooj!L(i BY: 4ti aet BY: 2Vf.lcn SECOND: o 1 L/ SECOND: th ` SECOND: y SECOND:a_ _ as SECOND: " ekeitAyriz,“.0 6,11.464444&„/ iy 026/.2-R- AofA— f 90/ -01, - /fi-r/ux,4&4" kit ,/ Mei Sel G tr ( Gay) o ' YES NO YES . NO YES NO YES 'NO' YES , NO Ms. Austerman ✓ Ms. Austerman y Ms. Austerma( ✓ Ms. Austermap / Ms. Austerman I. Mr. Bonney ✓ Mr. Bonney Mr. Bonney • ✓ Mr. Bonney , Mr. Bonney Mr. Friend . tvlr. Friend � MI. Frith RJ Mr. Kaplan 4 , . I , Mr. Kaplan • Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan. Ms. Lynch v Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch Ms. Lynch ✓ Mr. Stephens ✓ Mr. Stephens f Mr. Stephens V Mr. Stephens �Mr. Stephens V Ms. Stutes Ms. Stutes -'K ,/, ✓ Ms. Stutes ✓ Ms. Stutes v Ms. Stutes ✓ [CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j TOTAL: TOTAL: TOTAL: 0 1 TOTAL: TOTAL: i The mayor may not vote except in the case where on y six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby r Mayor Selby Mayor Selby / '�I KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special in Date: 7 /le / I Jlll Convened: Recessed: Reconvened: r 9 Adjourned: ! :, cr•°, - BY: BY: . r / BY: t BY: c k e . BY: SECOND: SECOND: SECOND: SECOND: f(/YI /d, SECOND: (1/4 i ty,t477ti I ' d AL A _ , Livia. ,4' o 9 ,,,,„,,,t 4 1 - iett,i4t4Sez, YES NO YES NO YES NO YES NO YES NO Ms. Austerman t ' Ms. Austerman ✓ Ms. Austerman t / Ms. Austermar Ms. Austerman Mr. Bonney ✓ Mr. Bonney ✓ Mr. Bonney ✓ Mr. Bonney 7 � Mr. Bonney Mr. Friend Mr Friend Mi. 1k. - Ir. Wend . Mr. Kaplan 1. 7 Mr. Kaplan ✓ Mr. Kaplan ✓ Mr. Kaplan ✓ Mr. Kaplan Ms. Lynch x ✓ Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch Mr. Stephens ✓ Mr. Stephens / v M: tephens__ Mr Stephen)39 t/ Mr. Stephens Ms. Stutes ✓ Ms. Stutes _ Ms. Stutes s. Stutes � Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE' CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTEZ TOTAL: t D TOTAL: Le n TOTAL: o TOTAL: /., 0 TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: e Please PRINT your name Please PRINT name gr -‘4‘. V i 6 44 (7 CU \, A \\--*--‘" « 2L "V \�� V �v� u