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2012-11-01 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, November 1, 2012, 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 September 20, 2012. 6. AWARDS AND PRESENTATIONS A. Students of the Month for October 2012 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. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3` Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). B. Ordinance No. FY2013 -08 Amending Title 2 Administration and Personnel Chapter 2.125 Architectural /Engineering Review Board Section 2.125.030 Qualifications. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer. B. Contracts — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492 -9202 and Local 486 -3231. Page 1 of 2 C. Resolutions — None. D. Ordinances for Introduction — None. E. Other Items 1. *Mayoral Appointments of Assembly Member Representatives to Boards and Committees. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Joint Building Code Review Committee Meetings of August 23 and September 13, 2012. 2. Monashka Bay Road Service Area Board Regular Meeting of June 1, 2012. B. Reports 1. Kodiak Island Borough School District Board Special Meeting Summary of October 8, 2012. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492 -9202 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting September 20, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, September 20, 2012, 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. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. KAPLAN moved to excuse Assembly member Friend due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA AUSTERMAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Special Meeting Minutes of August 30, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS A. Plaque of Appreciation to Mr. Ian Fulp, City of Kodiak Parks and Recreation Director, was presented by Mayor Selby. CITIZENS' COMMENTS Stephen Taufen spoke in support of Resolution Nos. FY2013 -09 and FY2013 -10. Jerry Bongen reported on specific agenda items for the October meeting of the North Pacific Management Council. Dennis Summons thanked the Borough Assembly for their work and encouraged community support. Karl Short and Woody Koninq spoke in support of Ordinance Nos. FY2013 -03 and FY2013 -04. COMMITTEE REPORTS None. Kodiak Island Borough Assembly Minutes September 20, 2012 Page 1 PUBLIC HEARING 1. State of Alaska Alcoholic Beverage Board Liquor License Application for a New Liquor License with a Restaurant Designation. Licensee /Applicant: Crystal, LLC, D.B.A. Noodles. LYNCH moved to voice non - protest to the Crystal, LLC (D.B.A. Noodles) for a New Liquor License Application with a Restaurant Designation. Licensee /Applicant: Crystal, LLC (D.B.A. Noodles). The liquor license application was for a new liquor license with a restaurant designation for Noodles. The Clerk's office followed the procedure in KIBC 5.01.030 New License and Transfer procedure. The application is for beer and wine only. 485 public hearing notices were mailed out on September 5, 2012 and responses were provided to the Assembly. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Kaplan, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2013 -02 Approving a Rezone for Lot 25A, Block 7 Leite Addition from R1- Single Family Residential to R3- Multifamily Residential (P &Z Case 13 -001, Wittenbrader). AUSTERMAN moved to adopt Ordinance No. FY2013 -02. Lot 25A was larger by area and width than most of the other lots in Block 7, Leite Addition. All but three lots in the block were already zoned R3- Multifamily Residential and the block shares an extensive platting history. Lot 25A was somewhat constrained by limitations on access so it may not have been able to take full advantage of the R3 zoning, but it could still benefit from additional development options in the R3 zone which were not currently available in the R1 zoning district. The Planning and Zoning Commission held a public hearing on this request and found the request consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.55(B) also required the Assembly to be notified by the Planning and Zoning Commission of its actions and its findings. Staff recommended that the Assembly uphold the decision of the Planning and Zoning Commission and adopt this motion. 73 public hearing notices were sent out and responses were provided to the Assembly. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Kaplan, Lynch, Stephens, Stutes, and Austerman (Ayes); Bonney (No). Kodiak Island Borough Assembly Minutes September 20, 2012 Page 2 BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Manager applicants would be given community tours of the Kodiak projects along with being introduced to department heads at the Borough offices. • Gave a final overview of the closed FY2012 Borough budget. MESSAGES FROM THE BOROUGH MAYOR Assembly was requested to respond as to their attendance to the WIR Reception /Banquet on October 4. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2013 -09 A Joint Kodiak Island Borough Assembly and Kodiak City Council Resolution Supporting the Overall Approach to Fishery Issues by the Kodiak Fisheries Workgroup. KAPLAN moved to adopt Resolution No. FY2013 -09. Assembly member Lynch stated that the Kodiak Fisheries Workgroup, comprised of three members of the Kodiak Island Borough Assembly and three members of the Kodiak City Council, adopted a statement of its overall approach to consideration of fishery management issues of interest and concern to the Kodiak region. At the Assembly /City Council joint work session of September 4, 2012, the Kodiak Fisheries Workgroup representatives and the Fisheries Analyst Consultant Denby Lloyd presented the conditions of the overall approach. It was recommended to both governing bodies to adopt a joint resolution supporting the efforts of the overall approach established by the Workgroup. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. 2. Resolution No. FY2013 -10 A Joint Kodiak Island Borough Assembly and Kodiak City Council Resolution Supporting Comments to the North Pacific Fishery Management Council on Pending Actions Regarding Comprehensive Management of Prohibited Species Catch (PSC) by the Trawl Fishery in the Central Gulf of Alaska. KAPLAN moved to adopt Resolution No. FY2013 -10. Assembly member Lynch stated that the Kodiak Fisheries Workgroup, comprised of three members of the Kodiak Island Borough Assembly and three members of the Kodiak City Council, identified and adopted a statement of its overarching approach and goals for management programs as initial Kodiak Island Borough Assembly Minutes September 20, 2012 Page 3 comments to the North Pacific Fishery Management Council on pending actions regarding comprehensive management of prohibited species catch (PSC) by the trawl fishery in the central Gulf of Alaska. The NPFMC held meetings in October 2012 and an agenda item scheduled for the meetings was included which would began the process of developing a program to provide tools for effective management of PSC, incentives for minimization of by- catch, and vessel level accountability for the Central Gulf of Alaska trawl ground fish fishery. The NPFMC developed a purpose and needs statement with goals and objectives for a new fishery management system. It was recommended by the Kodiak Fisheries Workgroup that both governing bodies establish a resolution in support of the goals and objectives of the Workgroup which was provided to NPFMC at the October meetings. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Lynch, Stephens, Stutes, Austerman, and Kaplan (Ayes); Bonney (No). 3. Resolution No. FY2013 -12 Adopting a State Legislative Capital Improvement Projects Priority List for the 2013 Legislative Session. AUSTERMAN moved to adopt Resolution No. FY2013 -12. In accordance with KIBC 2.40.030(E), the Planning and Zoning Commission reviewed and updated a list of project priorities for the KIB Capital Improvement Program (CIP) for FY2013 -2017. The Commission was required to make a recommendation to the Assembly by resolution and deliver that recommendation no later than October 1st of each year. At its July 18, 2012 regular meeting the Commission reviewed last year's resolution and took into account those projects which had been funded since that time. In addition, the Commission received input from the City of Kodiak, the KIB Parks and Recreation Committee and made available opportunities for input by the general public. At its August 15, 2012 regular meeting, the Commission reviewed the input received and adopted P &Z Resolution No. FY2013 -02 establishing a revised and updated list of project priorities for the CIP FY2013 -2017. That resolution was formally transmitted to the Borough Assembly for its further consideration. This resolution compiled the list of capital improvement priority projects that the Kodiak Island Borough would submit to the 2013 legislative session for funding consideration. The list was a recommendation by the Commission to the Assembly after taking public testimony. The Assembly may add projects, amend language and figures as well as remove projects. It was important to have this list completed early so that projects may be considered by the different state agencies and hopefully be included in the Governor's Capital Budget. The Assembly's list would be forwarded to our legislative delegation, the governor, and any state agencies that would have oversight and /or involvement in the project. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Austerman, Bonney, Kaplan, and Lynch (Ayes); Stephens and Stutes (No). Kodiak Island Borough Assembly Minutes September 20, 2012 Page 4 Ordinances for Introduction 1. Ordinance No. FY2013 -01A Amending Ordinance No. FY2013 -01 Fiscal Year 2013 Budget by Accepting Three Grants. LYNCH moved to adopt Ordinance No. FY2013 -01A in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough received a municipal matching grant of $3,000,000 for the Landfill Lateral Expansion Phase II; and a $7,000,000 legislative grant for KHS VocEd and Physical Education renovation. The Borough also received a $100,000 legislative grant to purchase playground equipment for Womens Bay Parks. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, Kaplan, Lynch, and Stephens. 2. Ordinance No. FY2013 -03 Amending Section 411.2 Longevity Pay of the Personnel Manual. KAPLAN moved to adopt Ordinance No. FY2013 -03 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance was drafted by Mayor Selby. The KIB Personnel Manual Section 411.2 provided for longevity pay for regular full -time employees of the Borough who had worked 7, 10, and 15 years. In order to retain longevity of the Borough employees it was integral to continue recognizing the long -term employees who had continued their service with the Borough for 20, 25, and 30 years. This was extremely important in that the Public Employees Retirement System (PERS) had changed from a defined benefit program to a defined contribution program. Employee turnover could be very costly and it was in the Borough's best interest to minimize turnover. The Borough's Working Conditions Advisory Council was reestablished in July 2012. This council was established to benefit those employees not covered by the Union contract, including department heads. The WCAC met on August 31, 2012 and approved the Longevity Ordinance to advance to the Borough Assembly for adoption. The intention of this ordinance was to benefit all regular full -time employees of the Borough. STUTES moved to postpone Ordinance No. FY2013 -03. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED: Austerman, Bonney, Kaplan, and Lynch (Noes); Stephens and Stutes (Ayes). ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Austerman, Bonney, Kaplan, Lynch, and Stutes (Ayes); Stephens (No). 3. Ordinance No. FY2013 -04 Amending Section 707 Sick Leave of the Personnel Manual. AUSTERMAN moved to adopt Ordinance No. FY2013 -04 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Minutes September 20, 2012 Page 5 This ordinance was drafted at the request of Working Conditions Advisory Council Chairperson Karl Short. Per KIB Personnel Manual Section 707, the Borough employees currently did not get cash payment/compensation for unused sick leave when they terminated their employment with the Borough. When the Public Employees Retirement System (PERS) changed from a defined benefit program to a defined contribution program, many of the incentives for long -term employment went away. Employees who have worked over five years should be fairly compensated for unused sick leave and by providing this incentive it discouraged inappropriate use of sick leave. The Working Conditions Advisory Council met on August 31, 2012 and approved the Sick Leave Pay ordinance to advance to the Borough Assembly for adoption ROLL CALL VOTE ON MOTION CARRIED FOUR TO THREE: Kaplan, Lynch, Austerman, and Selby (Ayes); Bonney, Stephens, and Stutes (Noes). Other Items 1. Approval of the October 2, 2012 Regular Municipal Election Workers. Per KIBC 7.30.010.A Election Officials. The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. This was approved under the consent agenda. CITIZENS' COMMENTS Stephen Taufen thanked the Assembly for its diligence in dealing with a varied - subject meeting packet along with speaking to the different fisheries issues locally and nationwide. ASSEMBLY MEMBER COMMENTS Assembly member Stutes had no comments. Assembly member Stephens spoke to the Kodiak High School renovation project and his concerns about the delinquent project deadlines in relationship to taking on the long term care facility project at the same time. Assembly member Lynch had no comments. Assembly member Bonney spoke in support of the long term care facility project. Assembly member Austerman congratulated Ian Fulp, thanked the election workers for their participation in the voting process, encouraged the community to attend the Providence Hospital meeting, spoke in support of the Long Term Care Facility and project manager format, acknowledged the year- end - fiscal numbers, and reported on her challenges with the School District and receiving needed information and documentation. Assembly member Kaplan thanked and congratulated Ian Fulp for his community contributions and the Clerk's office and election staff. Kodiak Island Borough Assembly Minutes September 20, 2012 Page 6 Announcements The Mayor and Assembly would meet in a special work session on Saturday, September 22, at 9 a.m., in the Borough Conference Room to conduct interviews for the Borough Manager position. A special meeting would be held immediately following the special work session to select the Borough Manager. The Mayor and the members of the Assembly would be in attendance at the Providence Joint Community Meeting and Lunch on Tuesday, September 25, 2012. The luncheon was held at 11:45 a.m. and the meeting began at 12:15 p.m. at the Kodiak Harbor Convention Center Pavilion Room. The next Assembly work session would be held on Thursday, September 27 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, October 4 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman and Bonney. The meeting was adjourned at 8:55 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes September 20, 2012 Page 7 ., A KODIAK ISLAND BOROUGH , ..d f"Oe •� r AGENDA STATEMENT , 4 REGULAR MEETING OF: NOVEMBER 1, 2012 ITEM NO.: 9.A TITLE: Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3 Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: P &Z Packet and Results Letter APPROVAL FOR AGENDA: n SUMMARY STATEMENT: This rezone was initiated by the Planning and Zoning Commission to address the construction of a public facility (water treatment plant) on a R1 - single family zoned residential lot. This action addresses a citizen complaint. The site is adjacent to existing Public Lands (PL) zoned lot. Public hearing notices were sent out on October 22, 2012. Responses will be provided to the Assembly at the regular meeting. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -07. Kodiak Island Borough Page 1 of 1 1 Introduced by: Acting Manager Cassidy 2 Requested by: CDD Acting Director Dvorak 3 Drafted by: CDD Acting Director Dvorak 4 Introduced: 10/18/2012 5 Public Hearing: 11/01/2012 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013 -07 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 APPROVING A REZONE FOR LOT 3, BLOCK 4, PORT LIONS SUBDIVISION 12 3 ADDITION FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO PL- PUBLIC USE ZONING DISTRICT (CASE 13 -010) 14 15 WHEREAS, The Planning & Zoning Commission initiated a rezone investigation of Lot 16 3, Block 4, Port Lions Subdivision 3 Addition per KIBC 17.205.030 B; and, 17 WHEREAS, Lot 3 abuts Lot 4 Block 4 Port Lions Subdivision 3 Addition, a lot 18 currently zoned PL- Public Use Zoning District, and is improved with a public use facility; 19 and, 20 WHEREAS, Lot 3 has been improved with a public use facility; and, 21 WHEREAS, The commission held a properly noticed public hearing on this request 22 and is recommending that the Assembly find that a rezone of Lot 3, Block 4, Port Lions 23 Subdivision 3` Addition from R1- Single- family Residential to PL- Public Use Zoning 24 District is in keeping with the guidance and objectives of the 2008 Comprehensive Plan. 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK 26 ISLAND BOROUGH that the following parcel shall be rezoned from R1- Single- family 27 Residential to PL- Public Use Zoning District as follows: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Lot 3, Block 4, Port Lions Subdivision 3 Addition is hereby rezoned from 30 R1- Single- family Residential to PL- Public Use Zoning District. 31 Section 3: The City of Port Lions must obtain the required "After- the - Fact" zoning 32 compliance permit for the existing public use facility located on Lot 3, 33 Block 4, Port Lions Subdivision 3` Addition prior to this rezone becoming 34 effective. 35 Section 4: The findings of the Kodiak Island Borough Planning and Zoning 36 Commission are hereby confirmed as follows: 37 17.205.020 A. Findings as to need and justification for a change or amendments; 38 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use 39 Zoning District is needed for the purpose of removing doubt with respect to the 40 property's ability to legally support the existing use. Kodiak Island Borough, Alaska Ordinance No. FY2013 - 07 Page 1 of 2 41 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use 42 Zoning District is justified because no alternative highest & best use has been 43 presented. 44 17.205.020 B. Findings as to the effect a change or amendment would have on the 45 objectives of the comprehensive plan; 46 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use 47 Zoning District would be in conformity with the broad guidelines of the applicable 48 comprehensive plan. 49 A rezone from R -I Single Family Residential Zoning District to the PL- Public Use Zoning 50 District would provide positive reinforcement to the general principle that the Zoning 51 Ordinance should be adhered to even in the case of locations not on the existing Urban 52 Area road system. 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF , 2012 56 KODIAK ISLAND BOROUGH 57 58 59 60 61 ATTEST: Jerome M. Selby, Borough Mayor 62 63 64 65 66 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013 -07 Page 2 of 2 Oct 26 12 11:01a City of Port Lions 907-454-2420 p.1 PUBLIC HEARING FORM Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3`" Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). • This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. M (� f / Name: �jAtut �� Zin. ) l Y o.>� T O -` G •`o K7 Residence Address: Mailing Address: Po ?c y . 1 - Rf4 �; - 4 K ZQi , o Comments: ! /'eta' 2 O .,. i lj. y7 C, �,1 / Q� , 'E— � a v Qld` !'., t �l CU4.�e.� ' 7 / �7 i1e i l-, r (r ?/4.4 cua s bLr I+ 5 rg l ' fat T :el o `� etr f Q it c4.�� f fa1lda )24T u 1r, v lS oc^ irk,. //0 - u.V t, ar at-T r r` L I h I C. 7 o vi i en to 44_, t : wt i r _ 4.40 tC e- 114../ r Y .r. ,, . • L _. _ ■ • e r o r- • , T 1= (r) 'II (C9 IL: it �Iv7 1. ,r ii Vii i; !i ' ii II ; 0 ;I - , UUI 262012 j I P ' , . : j :- Ri( vr L .R :'; +=rips Written comments may be submitted by email to njavieraakodiakak.us, faxed to 907 - 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, November 1, 2012. Kodiak Island Borough * /, - 1 Office of the Borough Clerk ° 710 Mill Bay Road �t Kodiak, Alaska 99615 =II; ' m Phone (907) 486 -9310 Fax (907) 486 -9391 nj avier(a,kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, November 1, 2012, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3` Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486 -9391, email to niavieraakodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on November 1, 2012. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Map • Public hearing form • Ordinance No. FY2013 -07 Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3rd Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). i 741C: 111101101. Iskikili 10.1, 1 0 1116t° /4 4 11111 ill ' c' II a " � ® �,0 f r161181144, r: • as 4 So f-L At C , * 4 + 4s oms Wog .4, - 4 4 �� X910 WA • tt et ti ,1�• ` ®04 � F� wlitniiii\ { S � G ^4 0 Legend IM Subject Parcel i gilol k , Kodiak Island Borough GIS System 0 320 640 1,280 1,920 2,560 Fast This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the genera! location of a property within the Kodiak {sliest Sorcugh. This map does not represent a survey. More information about the mapping data can be defamed bycontading the Kodiak Island Borough IT Department at (907)488 -9333. PUBLIC HEARING FORM Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3' Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to niavierkodiakak.us, faxed to 907 - 486 -9391, mailed or hand:delivered to the Borough Clerk's Office, 710 Mill.Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m on ;Thursday; November 1;:2012. 1 Introduced by: Acting Manager Cassidy 2 Requested by:CDD Acting Director Dvorak 3 Drafted by: CDD Acting Director Dvorak 4 Introduced: 10/18/2012 5 Public Hearing: 11/01/2012 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013 -07 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 APPROVING A REZONE FOR LOT 3, BLOCK 4, PORT LIONS SUBDIVISION 12 3 ADDITION FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO PL- PUBLIC USE ZONING DISTRICT (CASE 13 -010) 14 15 WHEREAS, The Planning & Zoning Commission initiated a rezone investigation of Lot 16 3, Block 4, Port Lions Subdivision 3 Addition per KIBC 17.205.030 B; and, 17 WHEREAS, Lot 3 abuts Lot 4 Block 4 Port Lions Subdivision 3 Addition, a lot 18 currently zoned FL- Public Use Zoning District, and is improved with a public use facility; 19 and, 20 WHEREAS, Lot 3 has been improved with a public use facility; and, 21 WHEREAS, The commission held a properly noticed public hearing on this request 22 and is recommending that the Assembly find that a rezone of Lot 3, Block 4, Port Lions 23 Subdivision 3 Addition from R1- Single- family Residential to PL- Public Use Zoning 24 District is in keeping with the guidance and objectives of the 2008 Comprehensive Plan. 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK 26 ISLAND BOROUGH that the following parcel shall be rezoned from R1- Single- family 27 Residential to PL- Public Use Zoning District as follows: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Lot 3, Block 4, Port Lions Subdivision 3 Addition is hereby rezoned from 30 R1- Single- family Residential to PL- Public Use Zoning District. 31 Section 3: The City of Port Lions must obtain the required "After- the -Fact" zoning 32 compliance permit for the existing public use facility located on Lot 3, 33 Block 4, Port Lions Subdivision 3 Addition prior to this rezone becoming 34 effective. 35 Section 4: The findings of the Kodiak Island Borough Planning and Zoning 36 Commission are hereby confirmed as follows: 37 17.205.020 A. Findings as to need and justification for a change or amendments 38 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use 39 Zoning District is needed for the purpose of removing doubt with respect to the 40 property's ability to legally support the existing use. Kodiak Island Borough, Alaska Ordinance No, FY2013 -07 Page 1 of 2 41 A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use 42 Zoning District is justified because no alternative highest & best use has been 43 presented. 44 17.205.020 B. Findings as to the effect a change or amendment would have on the 45 objectives of the comprehensive plan; 46 A rezone from the R -I Single Family Residential Zoning District to the PL- Public Use 47 Zoning District would be in conformity with the broad guidelines of the applicable 48 comprehensive plan. 49 A rezone from R -I Single Family Residential Zoning District to the PL- Public Use Zoning 50 District would provide positive reinforcement to the general principle that the Zoning 51 Ordinance should be adhered to even in the case of locations not on the existing Urban 52 Area road system. 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF , 2012 56 KODIAK ISLAND BOROUGH 57 58 59 60 61 ATTEST: Jerome M. Selby, Borough Mayor 62 63 64 65 66 Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013 -07 Page 2 of 2 FIRST LAST MAILING ADDRESS Mail_Linel CITY STA1 ZIP GLEN BRANDAL PO BOX 17 PORT LIONS AK 99550 CITY OF PORT LIONS PO BOX 110 PORT LIONS AK 99550 DAVID GIRARD PO BOX 114 PORT LIONS AK 99550 REGINALD GUNDERSON 211 SPRUCE DR PORT LIONS AK 99550 REGGIE GUNDERSON JR 9499 BRAYTON DR #31 ANCHORAGE AK 99507 HILLSIDE BIBLE CHAPEL PO BOX 96 PORT LIONS AK 99550 PETER KEWAN PO BOX 73 PORT LIONS AK 99550 SUSAN & DONALD KEWAN PO BOX 88 PORT LIONS AK 99550 DORINDA & ARNOLI KEWAN PO BOX 81 PORT LIONS AK 99550 DONALD KEWAN JR PO BOX 88 PORT LIONS AK 99550 ROBERT KNAGIN PO BOX 107 PORT LIONS AK 99550 KODIAK ISL HSG AUTH 3137 MILL BAY RD KODIAK AK 99615 JEFFREY LUKIN PO BOX 41 PORT LIONS AK 99550 LESTER LUKIN PO BOX 62. PORT LIONS AK 99550 EMMANUEL LUKIN ESTATE C/O AGNES DRIVER 607 OMAHA WAY VANCOUVER WA 98661 HARRY NELSON P.O. BOX 87 PORT LIONS AK 99550 NANCY NELSON PO BOX 8863 KODIAK AK 99615 THOMAS E NELSON PO BOX 101 PORT LIONS AK 99550 JOHN NELSON P 0 BOX 117 PORT LIONS AK 99550 ABNER NELSON PO BOX 75 PORT LIONS AK 99550 JERILYN NELSON ETAL P.O. BOX 61 PORT LIONS AK 99550 THOMAS NESLON SR PO BOX 101 PORT LIONS AK 99550 MARCIA OSWALT P.O. BOX 722 KODIAK AK 99615 KAREN PESTRIKOFF - EGGERS ETAL PO BOX 37 PORT LIONS AK 99550 PORT LIONS TRIBAL COUNCI PO BOX 69 PORT LIONS AK 99550 HELEN REDBIRD 1025 NW HILLSIDE PKWY MCMINNVILLE OR 97128 JEROME SELBY P.O. BOX 1962 KODIAK AK 99615 LUCAS SMITH 1815 MILL BAY RD KODIAK AK 99615 ALBERTA SPALDING PO BOX 2634 SEWARD AK 99664 GEORGE SQUARTSOFF PO BOX 42 PORT LIONS AK 99550 NORMAN URSIN P.O. BOX 31 PORT LIONS AK 99550 JESSICA URSIN P 0 BOX 31 PORT LIONS AK 99550 BRYAN D WISE PO BOX 113 PORT LIONS AK 99550 NATIVE VILLAGE OF PORT LIONS PO BOX 81 PORT LIONS AK 99550 ' �ia: s odiak Island : ornugh R Community Development Department 710 Mill Bay Road tom ^ Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us ,: September 21, 2012 Planning & Zoning Commission Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Case 13 -010. Request a Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from R1- Single- family Residential to PL- Public Use Lands. Dear Planning & Zoning Commissioners: The Kodiak Island Borough Planning & Zoning Commission at their meeting on September 19, 2012 moved to forward the request cited above with one Condition of Aproval, recommending approval, to the Borough Assembly. CONDITION OF APPROVAL I. The Applicant is required to obtain a zoning compliance permit for the existing building on the subject parcel, and to pay the appropriate `After the Fact" fee. Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not he binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assemby shall act in accordance with this chapter and .notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 17.72,020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from the R -1 Single. Family Residential Zoning District to the PL- Public Use Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is justified because no alternative highest & best use has been presented. 17.72.020 B, Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan, A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486 -9363. Sincerely, Sheila Smith Secretary CC: Nova Javier, Borough Clerk Steve Andresen, Mayor of Port Lions Public Hearing Item 7 -C P &Z September 19, 2012 n? t c e ,- 's T - '� tin 4 i 4 ', . ' a rent+Location `"t r :' s ' t Req., x I ab BI M of } !a, a t 14n Pap! , i n to KI 9. 030 B, P x �' -010 ' ¢ tau »c. 1:6rez ao :+?4+trt Lions tston , 3r¢YA itlon $" ' . . j . � t P 4 fro glefami� rdential to, blic Use I_rands - K Rd mission x ,� 5 Ag ent May Steve An esen, City 0 Port Lfo , 4 f i ; 3 , " ,�..-�N. '2 ...s:.' a ?,T.: $ .r -" r ". -q?:-� ^vi F "" # hp Otel lita:. J00 O Jy 9 ..., J = o ' SW , re-° �� ® BORN ®k ®®® 00 i tin* 4 t + Ir I I I i it fr4ti i t 4/____tran ::,® 0t ® meet;' sameetisti 1 Legend Subject Parcel l f <a' ; Kodiak Island Borough GIS System F - 0 320 640 1,280 1,920 2,560 'Feet ' i This map was prepared from the Kodiak Island Boroughs 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. 13 -010 Introduction Page 1 of 3 Public Hearing Item 7 -C P &Z September 19, 2012 } Kodiak Island Borough Zoning Map Community Development Department -9' " ` ' - s 4 ' .0 ,t Reque niter of I tioV; accord, 1013C 1 1a3 *.Q30!B l rent ng y 44 -- ` Lions -� � ., to rem Lot 3 „Block 4, ° •Fort Lions Subdivision, 3rd Addition*: " & Case A 010 . --, from 15tngl. - Th lil estdenttal t Public U i ds Agent M Steve An G� Port f - , , Y > I I i— � A l lipp 4° r�' � QG P t 4414 k �. s ;nr a 44 kip I ' c or * *IP ' ® p �'T I Y e ®. a ' M1`e TRACT J a I i • I I Zoning Legend ' C - 1 P ublic Use Lands Rural Residential 1 Multi Family Residential f'' ” -: = "' Light Industrial 121/21 Watershed [hi, % 1 Rural Residential 2 I- - . Business I' + ''I Rural Neighborhood Commercial 1 1 Conservation I� Single Family Residential 'i :. % Retail Business 1 Urban Neighborhood Commercial I j Rural Residential Two Family Residential r;; ' Industrial Natural Use I t This map was prepared from the Kodiak Island Borough's GI5 System. It is provided for the purpose of showing the general location of a 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. 13 -010 Introduction Page 2 of 3 Public Hearing Item 7-C P&Z September 19, 2012 f 3 , "a."4T 3 eYg' n ,1 �` k' n**. :.-,.,.. +rr•L ti .;-�z. =`' e �`"° k 4 z a e ry-. _ _ _{��'- j , n , z i •� C �`�.."J ,'L V i Y' k"7'* u hr P �{{��f d �t F 6 Y✓�5 y� 1 &i,f4'1?'r^i i 1�'.1p.. 4. +i ! i4st f k} A.#+ y. ��l ,i, �•f'tx }� JL ,�'� e �y S� _ `��i� ��q�m SY Si � M aT �� 1 c4 � .,•r *Mph m r r. r Legend Subject Parcel,,�, .'` i, Y t ids I a9a° aw Kodiak Island Borough GIS System 4. B — 0 45 90 180 270 360 Feet LA I This map was preparetl from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general lmatlon 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 contapking the Kodiak Island Bomogh 1T Department at (907) 486-9333. Case No. 13-010 Introduction Page 3 of 3 Public Hearing Item 7 -C P &Z September 19, 2012 New Business Item 9 -A P &Z - July 18, 2012 City of Port Lions Administrative Office Yzo t P.O. Box 110 Port Lions, Alaska 99550 • Phone: (907) 454 -2332 • Fax: (907) 454-2420 '$i ^n_lk =tt ,D • r ^ ^ ='^iCV age, j 4 .— .:: E -mail: ci[yofportlionsQhotmall . com ii • jn' _ /� ryw': }� r LJ � pp r odiak Island Borough Planning & Zoning Commissic�� June 20, Allen Torres, Chair -� o RE: Rezone of Lot 3, Block 4 Port Lions Subdivision COMMUNITY DEVELOPMENT DEPARTMENT Dear Mr. Torres and Committee Members, The City of Port Lions has requested a rezone of Lot 3, Block 4 of the Port Lions Subdivision from Residential Single Family (R1) to Public Use Land (PL). This lot is adjacent to an already previously rezoned to PL property, which was the old watertreatment plant, but currently houses the communities Public Safety Office and Fire Station. About 4 years ago, an entity known as the Alaska Native Tribal Health Consortium acquired funds on the City's behalf to build a new water treatment facility. The Council at that time decided to use the City owned lot next to the old water treatment building (already zoned as PL) as the site for the new facility. There were several factors involved in that decision, the least of which was the close proximity to the communities water storage tower. The community's water system is totally gravity fed. Water comes from the reservoir to the water treatment building, is treated, and then is gravity fed back up to the storage tower. It was important for the new water treatment plant to be in dose proximity to the water storage tank, but on a grade below it. Apparently, the Council at that time did not realize that this lot needed to be rezoned in order to accommodate a publicly owned building. They thought that since it was a City owned lot, and it was going to be used to house a public service like a water treatment plant, there was no reason to ask the Borough for a rezone. The City of Port Lions has been working on several renovation projects for our critical infrastructure. Through this process, we have become increasingly educated on necessary permitting and procedures both with the State of Alaska, the various Federal agencies, and the Kodiak Island Borough. It is our intent to correct any zoning errors which have occurred in the past, and to be sure that any future public projects are zoned, correctly. This letter is written to give you some background on why this property was not rezoned correctly at the time the water treatment plant was built. The City Council of Port Lions is now asking you to consider this rezone according to the language contained in the accompanying Resolution, a 12 -07. We appreciate your consideration of our request, and look forward to any questions you might have for us regarding this matter. Sincere. mot' �LLGzf S •ve •ndresen, Mayor, City ty of of Port Lions Port Lions Resolution - Page 2 of 2 Case No 13 -010 Application Page 1 of 3 Public Hearing Item 7 -C P &Z September 19, 2012 dew Business Item 9 -A P &Z - July 18, 2012 RESOLUTION 12 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT LIONS REQUESTING THE PLANNING AND ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH TO REZONE LOT 3, BLOCK 4 OF THE PORT LIONS SUBVDIVISION FROM RESIDENTIAL SINGLE FAMILY (R1) TO PUBLIC USE LAND (PL) WHEREAS; The City of Port Lions owns the property located at 443 Bay View Drive identified as Block 4, Lot 3 of the Port Lions Subdivision, and WHEREAS; the City has built a new water treatment facility on this lot for the benefit of the community, and has since realized the need to rezone the property; and WHEREAS; it is the City's intent to abide by the zoning laws of the Kodiak Island Borough, and WHEREAS; this property is adjacent to an already existing PL zoned property which serves as the community's public safety building, and WHEREAS; the two lots are adjoining lots, and are similar in size and the structures are similar in appearance. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Port Lions hereby requests the Kodiak Island Borough's Planning and Zoning Commission to review this request for a rezone of Lot 3, Block 4 of the Port lions Subdivision from RI to PL for the benefit of the residents of Port Lions. This Resolution Becomes Effective upon the date of adoption by a duly constituted quorum of the Port Lions City Council. Adopted this � •.yoflune,2012 • S _I J4.Ob -. Mayor, City City of Port Lions ATTEST; City Cle • Port Lions Resolution - Page 1 of 2 Case No 13 -010 Application Page 2 of 3 Public Hearing Item 7 -C P &Z September 19, 2012 ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED 4-2. The ayes were COMMISSIONERS SCHMITT, TORRES, VAHL, and VINHERG. The noes were COMMISSIONERS KERSCH and WATKINS. OLD BUSINESS There was no old business. NEW BUSINESS A) City of Port Lions Resolution 12 -07 requesting the Planning & Zoning Commission initiate a rezone of Lot '3, Block 4, Port Lions Subdivision from R1- Single - family Residential to PL- Public Use Lands. Dvorak reported nobody is here from Port Lions; we didn't recommend it to them since there isn't a public hearing. This is a result of a zoning complaint regarding some further development of the city's water treatment facility which is located on this lot. They've had their new water treatment facility for a couple of years now and they were actually developing another facility related to that that caused the complaint but when we looked at it it did seem appropriate to consider this as a rezone due to the location of the treatment plant is dictated by the infrastructure that's already existing where the main water line comes into the community and where it's distributed to. This is the only practical place. This seems to be the only way to fix the problem. Staff recommends the commission initiate a rezone. Dvorak mentioned he had updated the guidelines but he didn't think the commission got them so to clarify it's actually Port Lions Subdivision 3rd Addition. COMMISSIONER SCHMITT MOVED to initiate a rezone investigation to rezone Lot 3, Block 4, Port Lions Subdivision Third Addition, from R1- Single - family Residential to PL- Public Use Lands. ROLL CALL VOTE ON MOTION UNANIMOUSLY B) Capital Improvement Projects Dvorak said this is a preview of the coming attractions to get you in the right mind frame. It's his understanding that the commission has streamlined this CIP process in the past. We did get a lot of projects funded in this last legislative cycle so we'll be looking at dropping some things off and moving other projects up. It's an opportunity to re- evaluate it. Dvorak said the governor's budget will probably be determined in September so in order for you to pass on your recommendation to the Assembly to pass it on to the governor it is essential we get it done in one shot. Discussion of funding received. COMMISSIONER SCHMITT asked Dvorak to follow up on what the funding was to find out if, for example, we should ask for the remaining amount for the Pier 3 replacement and things like that. COMMISSIONER KERSCH said if we have $2.6 million left over from Baranof Park maybe we could put that into Woody Way Park and buy Lots 4 and 5. CHAIR TORRES asked staff to provide any information as early as possible for next month's meeting to give the commission more time to review projects. COMMUNICATIONS A) Planning & Zoning Commission Results Letters from Previous Meeting B) Letter of Courtesy & Advisory re: the use of a recreational vehicle for living purposes in the I- Industrial Zoning District Dvorak gave a brief report on communication items. 7/18/2012 Page 10 of 12 P &Z Minutes Case No 13 -010 Application Page 3 of 3 Public Hearing Item 7 -C P &Z September 19, 2012 ; Kodiak Island /1orough ! tp Com munity Development Department 710 Mill Bay Road Room 205 /K4' 0" r 4 Kodiak, Alaska 99615 3 Phone (907) 486 -9363 Fax (907) 486 -9396 b , f; www.kodiakak.us August 8, 2012 Mayor Steve Andresen City of Port Lions PO Box 110 Port Lions, AK 99550 Re: Case 13 -010. Request a Manner of Initiation, according to KBC 17.205.030.8, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from RI- Single - family Residential to PL- Public Use Lands. Dear Mayor Clarion: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their September 19, 2012 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, September 12, 2012 at 6:30 p.m. in the Borough Conference Room 0121), 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, Sheila Smith, Secretary Community Development Department Case No. 13 -010 Public Comment Page 1 of 5 Public Hearing Item 7 -C P &Z September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 8, 2012 Public 1- fearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. 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: 13 -010 APPLICANT: Planning & Zoning Commission AGENT: Mayor Dan Clarion, City of Port Lions REQUEST: Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from R1- Single - family Residential to PL- Public Use Lands LOCATION: 443 Bayview Drive, Port Lions ZONING: R1- Single - family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm. on Tuesday, September 4, 2012 to he considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them 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, September 12, 2012, 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. 13 -010 Public Comment Page 2 of 5 Public Hearing Item 7 -C P &Z September 19, 2012 Current Location Request a Manner of Initiation, according 443 Bayview Drive to KIBC 17.205.030.B, to rezone Lot 3, Port Lions Block 4, Port Lions Subdivision, Third P &Z Case 13 -010 Planning & Zoning Addition from R1- Single- family Residential Commission to PL- Public Use Lands < . 4 1* 'aRrd 4 ® SIDE 4 4 4111/killiallillaill ®N � 4 /1/1 ® � 5PRUGE © PTARMIGAN ® ® 'K ® �� ®� �� o sr� •4s 4 DRIVE m s ory IM®®® ! TRACT D O 1 _ 0 G G �y �pP ■ — Kodiak Island Borough GIS Legend N • Si' Subject Parcel W E „a ; Feel 4 490 0 245 Fee 980 i I I 1 I I I I ( 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 properly wi thin the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486 9333 Case No. 13 -010 Public Comment Page 3 of 5 Public Hearing Item 7 -C P &Z September 19, 2012 GLEN BRANDAL CITY OF PORT LIONS DAVID GIRARD PO BOX 17 PO BOX 110 PO BOX 114 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 REGINALD GUNDERSON REGGIE GUNDERSON JR HILLSIDE BIBLE CHAPEL 21.1. SPRUCE DR 9499 BRAYTON DR 431 PO BOX 96 PORT LIONS, AK 99550 ANCHORAGE, AK 99507 PORT LIONS, AK 99550 PETER KEWAN SUSAN & DONALD KEWAN DORINDA & ARNOLD KEWAN PO BOX 73 PO BOX 88 PO BOX 81 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 DONALD KEWAN JR ROBERT KNAGIN KODIAK ISL HSG AUTH PO BOX 88 PO BOX 107 3137 MILL BAY RD PORT LIONS, AK 99550 PORT LIONS, AK 99550 KODIAK, AK 99615 JEFFREY LUKIN LESTER LUKIN EMMANUEL LUKIN ESTATE PO BOX 41 PO BOX 62 C/O AGNES DRIVER PORT LIONS, AK 99550 PORT LIONS, AK 99550 607 OMAHA WAY VANCOUVER, WA 98661 HARRY NELSON NANCY NELSON THOMAS E NELSON P.O. BOX 87 PO BOX 8863 PO BOX 101 PORT LIONS, AK 99550 KODIAK, AK 99615 PORT LIONS, AK 99550 JOHN NELSON ABNER NELSON JERILYN NELSON ETAL PO BOX 117 PO BOX 75 P.O. BOX 61 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 THOMAS NESLON SR MARCIA OSWALT KAREN PESTRIKOFF- EGGERS ETAL PO BOX 101 P.O. BOX 722 PO BOX 37 PORT LIONS, AK 99550 KODIAK, AK 99615 PORT LIONS, AK 99550 PORT LIONS TRIBAL COUNCIL HELEN REDBIRD JEROME SELBY PO BOX 69 1025 NW HILLSIDE PKWY P.O. BOX 1962 PORT LIONS, AK 99550 MCMINNVILLE, OR 97128 KODIAK, AK 99615 LUCAS SMITH ALBERTA SPALDING GEORGE SQUARTSOFF 1815 MILL BAY RD PO BOX 2634 PO BOX 42 KODIAK, AK 99615 SEWARD, AK 99664 PORT LIONS, AK 99550 Case No. 13 -010 Public Comment Page 4 of 5 Public Hearing Item 7 -C P &Z September 19, 2012 NORMAN URSIN JESSICA URSIN BRYAN D WISE P.O. BOX 31 PO BOX 31 PO BOX 113 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 NATIVE VILLAGE OF PORT LIONS PO BOX 81 PORT LIONS, AK 99550 Case No. 13 -010 Public Comment Page 5 of 5 Public Hearing Item 7 -C P &Z September 19, 2012 MEMORANDUM DATE: September 7, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the September 19, 2012 Regular Meeting CASE: 13 -010 APPLICANT: Kodiak Island Borough Planning & Zoning Commission AGENT: Steve Andresen, Mayor, City of Port Lions REQUEST: Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from R1- Single- family Residential to PL- Public Use Lands. LOCATION: 443 Bayview Drive, Port Lions, Alaska ZONING: R -1 Single Family Residential Zoning District Thirty four (34) public hearing notices were mailed on August 8, 2012. Date of site visit: None 1. Zoning History: The 1968 Comprehensive Plan did not address this area. 2. Lot Size: 15,525 square feet. 3. Existing Land Use: Village water treatment plant 4. Surrounding Land Use and Zoning: North: Port Lions 3rd Addition Block 4 Lot 4 Use: Village Public Safety Office & Fire Station Zoning: PL- Public Use Zoning District South: Port Lions 3rd Addition Block 4 Lott Use: Vacant Zoning: R -1 Single Family Residential Zoning District East: Port Lions Block 1 Lot 3 Use: Single Family Residential Zoning: R -1 Single Family Residential Zoning District West: Port Lions 3` Addition Block 2 Lot 2 Use: Single Family Residential Zoning: R -1 Single Family Residential Zoning District Case No. 13 -010 Staff Rpt Page 1 of 4 Public Hearing Item 7 -C P &Z September 19, 2012 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update Chapter Eleven, Port Lions, discusses the rezone issue indirectly. Under "Land Use ", one Goal is identified as "Be prepared for future development" and one Policy is identified as "Resolve the ownership question (and zoning) over properties in town that were conveyed from the state to the City ". Earlier discussions identified priority issues as; "Important to encourage development of more business "; "Need more land zoned R -2 and business "; and "Rezone and to allow more commercial development ". 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. KIBC 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, 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. Case No. 13 -010 Staff Rpt Page 2 of 4 Public Hearing Item 7 -C P &Z September 19, 2012 STAFF COMMENTS This rezone action, initiated at the request of the Planning & Zoning Commission, is the result of a zoning complaint filed by a Port Lions resident expressing a concern with the City's continuing redevelopment and use of lands without the appropriate level of concern for existing zoning regulations. The complaint was not intended to be punitive, but did correctly call the City's attention to the administrative requirements of the Kodiak Island Borough Zoning Ordinance. As abstracted from the 2008 Plan Update: "The City water system and water building was built by the Bureau of Indian Affairs (BIA) and Indian Health Service (IHS) in 1965. Major upgrade and expansion of the system have since been performed by the IHS; the pipe system was upgraded by Village Safe Water (VSW) in 1994. The existing water source is a 2.5 million - gallon reservoir created by the construction of a timber dam located on Branchwater Creek. Water is fed by gravity flow to a treatment facility and then pumped to a 125,000- gallon storage tank. There also is a back -up water pump station. The reservoir recently was renovated and is in good condition. However, the original water building is still in use and requires replacement; a new building currently is being designed /' Conformance with the Comprehensive Plan: The requested rezone would broadly comply with the comprehensive plan. A modern, functioning water system is one of the primary public infrastructure facilities likely to draw new business investments, and, retain existing populations, both stated goals of the comprehensive plan. Zoning /use: The recently permitted infrastructure improvements on the adjoining lot underscored the need for an appropriate rezone in order to re- establish the compatibility between use and underlying zoning. Land Suitability: The subject parcel is an existing lot within the established lot /block grid of the City of Port Lions. Rectangular in shape, the parcel does not present any deficiencies of note. Recent Development trends in the area: Public infrastructure improvements in the form of accessory storage facilities for public safety equipment have been developed on the adjoining Lot 4 Block 4 Port Lions 3 rd Addition. Traffic impacts: No additional traffic impacts are expected as a result of the requested zoning change. Case No. 13 -010 Staff Rpt Page 3 of 4 Public Hearing Item 7 -C P &Z September 19, 2012 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3 Block 4 Port Lions 3 Addition from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District, subject to One Condition of Approval, and to adopt the "Findings of Fact" in the staff report dated September 7, 2012, as Findings of Fact for Case 13 -010. CONDITION OF APPROVAL [1] The Applicant is required to obtain a zoning compliance permit for the existing building on the subject parcel, and to pay the appropriate "After the Fact" fee. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is justified because no alternative highest & best use has been presented. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. Case No. 13 -010 Staff Rpt Page 4 of 4 to KIBC 17.130.020.H, subject to Three (3) Conditions of Approval, and to adopt those findings of fact in the staff report dated September 7, 2012, as Findings of Fact for Case No. S13 -006. The public hearing was opened & closed: There was no public testimony. Discussion regarding the trail, seeing, when it comes to the parking plan stage where the trail is going to be and what they are specking out as a trail, more definition and how this is going to be handled early in the process. There was consensus regarding keeping the Chichenoff Trace Trail and possible re- routing it. In response to COMMISSIONER KERSCH'S inquiry about the access, has anyone has talked to the city about potentially using their parking lot to get through, Lydick stated he's not aware of any staff in our department that's taken the initiative on that point. COMMISSIONER SCHMITT'S inquiry regarding this facility is going to be up on a hill with a single drive access to it, the trail has the potential if approved, if permission can be acquired from the Baptist Mission, to provide some sort of alternate access to the facility and he thinks it's a good idea. SCHMITT said Woody Koning was thinking about starting discussion with the city about having an emergency access through the back of the City Police Station because the elevations are close. It's SCHMITT'S understanding that this facility would replace what is currently in the hospital building now that is deficient that is not adequate for the current state of care for the elderly but not exclusively that need good access to medical professionals 24/7 whereas the existing facility senior housing across from the Senior Center on Erskine is for basically independent living. CONDITIONS OF APPROVAL 1. The legal description (references) of the subdivision shall be corrected to read: Lots 1A -1 & 2A -1 Block 1 Hospital Subdivision. 2. The Kodiak City Fire Marshall shall certify that the access drive meets the minimum requirements of the fire apparatus access road requirements (Section 10.207 of the Uniform Fire Code) of Chapter 15.30 KIBC; 3. The subdivision shall incorporate the existing "Chichenoff Trace Trail" in a manner which does not prohibit or restrict public access or use of the existing recreational amenity. FINDINGS OF FACT 1. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. 2. This plat meets the requirements of Title 15 of the Borough Code. 3. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 4. This plat meets all the requirements of'I'itle 17 of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 13 -010. Request a Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3; Block 4, Port Lions Subdivision, Third Addition from R1- Single- family Residential to PL- Public Use Lands. The applicant is the Planning & Zoning Commission and the agent.is Mayor Steve Andresen, City of Port Lions. The location is 443 Bayview Drive, Port Lions. The zoning is R1- Single - family Residential. Lydick stated this request for rezone was initiated at the Commission's request, and underscores the Commission's position that most lands within the Kodiak Island Borough are indeed subject to the Borough's zoning ordinance. The rezone would provide the subject 9/19/2012 P &Z Minutes Page 9 of 13 parcel with the appropriate zoning in order to accommodate the existing public infrastructure facility. The issues of appropriate zoning were brought to the attention of the department by a concerned citizen. The department's out -reach effort resulted in acknowledgement by the City of Port Lions of the zoning over - sight, and a subsequent request by the City for the Commission's intervention and resolution. Thirty -four public hearing notices were mailed on August 8, 2012 and no comments have been returned supporting or opposing the request. This request for rezone has been non - confrontational and uneventful. Staff recommends . approval of the rezone, and requests one (1) Condition of Approval. The applicant is required to obtain after the fact zoning compliance for the existing facility. COMMISSIONER VAHL MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3 Block 4 Port Lions 3rd Addition from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District, subject to One Condition of Approval, and to adopt the "Findings of Fact" in the staff report dated September 7, 2012, as Findings of Fact for Case 13 -010. The public hearing was opened & closed: There was no public testimony. CONDITION OF APPROVAL 1. The Applicant is required to obtain a zoning compliance permit for the existing building on the subject parcel, and to pay the appropriate "After the Fact" fee. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Iustification for a Chang- or Amendment. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is justified because no alternative highest & best use has been presented. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. • A rezone from R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. ROLL CALL VOTE ON MOTION UNANIMOUSLY COMMISSIONER SCHMITT stated in the previous case, page 80 for commissioners, for Lydick this was page 7 of 11 under public comments for Case S13 -006, there was a comment from Bob Scholze, Resource Management Officer, about there was some disclaimer language on the plat that he didn't feel was consistent with the borough code and do we need to affirmatively need to vote on that, Lydick stated that's been a topic of discussion for a while and it's unresolved at this point in time. He thinks the departments current position is if Mr. Scholze isn't satisfied with the language on the plat the borough won't sign that plat. They will change the language if they want the plat signed. His decision to resolve the issue that way was because of the concern on parties that this case be moved forward and not to gum up the 9/19/2012 P &Z Minutes Page 10 of 13 works because of a legal dispute between the surveyor and property owner. The easiest way to resolve it is that everyone understands that the plat is not going to be signed if the language appears on the plat. OLD BUSINESS There is none. NEW BUSINESS A) Case 13 -011. Request a disposal review of tax foreclosed property, according to KIBC 18.20.030.A, for property described as Lot 17, Block 7, Baranof Heights Subdivision, 1st Addition. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Management Officer. The location is 1311 Larch Street and the zoning is R2- Two - family Residential. Lydick stated from time to time, the Borough is required to sell property delinquent on property taxes in order to recover taxes owed as well as penalties and interest. Tax foreclosed property that is not redeemed within the one year redemption period is transferred by Clerk's Deed to the Borough. Following satisfaction of extensive notice requirements, including certified letters and the physical posting of the property, tax foreclosed property can he sold at auction. The City of Kodiak has declined to exercise their right to redeem the property for taxes, penalties, and interest due as afforded by Alaska State Statute 29.45.450. Due to the advanced dis- repair of the property, the Borough has elected to move forward with the disposal procedure in an effort to minimize the escalation of costs attributable to the onset of winter. This action does not require that a public hearing be noticed. Staff is recommending the Commission find the property ill- suited for a public purpose, and recommends forwarding a resolution supporting the disposal to the Assembly. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013 -04 recommending disposal of Lot 17, Block 7, Baranof Heights Subdivision, 1st Addition as surplus to the borough's needs and to adopt the findings contained in the staff report dated September 8, 2012 as Findings of Fact for this case. Discussion FINDINGS OF FACT 1. There is no public need to be satisfied in the location of this tax foreclosed property. 2. The property is distressed and in need of repairs but there is no guarantee that any repairs performed by the borough would increase the return on the property at the time of sale. 3. There is a need to expedite the disposal process to sell the property to a qualified purchaser who can determine the best way to go about effecting repairs to redevelopment before change of season damages the property further. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Planning & Zoning Rep on the Parks & Recreation Committee CHAIR TORRES stated that Casey Janz was the P &Z rep' on the Parks & Recreation Committee but with her resignation we need a new representative. He asked if anyone is willing to be the P&Z rep. Smith explained that the Parks & Recreation Committee meets on the 2nd and 4th Tuesdays at 7 p.m. in the KIB School District Conference Room and the meetings don't go any later than 9 p.m. and usually in the summer their meetings are cut back to 1 meeting a month. 9/19/2012 P &Z Minutes Page 11 of 13 KODIAK ISLAND BOROUGH ''A , n/�. `` ar 7 - s' AGENDA STATEMENT REGULAR MEETING OF: NOVEMBER 1, 2012 ITEM NO.: 9.B TITLE: Ordinance No. FY2013 -08 Amending Title 2 Administration and Personnel Chapter 2.125 Architectural /Engineering Review Board Section 2.125.030 Qualifications. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: DRAFT Ordinance .... APPROVAL FOR AGENDA: SUMMARY STATEMENT: r This ordinance was requested by Mayor Selby. The Board is currently served by six members and an Assembly member represenative. This change would make the board consistent with all the other Assembly boards in which Assembly members appointed serve in an ex- officio capacity. Adding another seat to this board would open up opportunities from the public to serve on this board. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -08. Kodiak Island Borough Page 1 of 1 1 2 Introduced by: Mayor Selby Requested by: Mayor Selby 3 Drafted by: Borough Clerk 4 introduced: 10/18/2012 5 Public Hearing: 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013 -08 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL,CHAPTER 2.125 12 ARCHITECTURAL/ENGINEERING REVIEW BOARD SECTION 2.125 :030 QUALIFICATIONS 13 ., r ' 14 WHEREAS, the Architectural /Engineering Review Board is: currently served by six members 15 and an Assembly member representative; and * 16 n 17 WHEREAS, the board is served by members who ave an interest'and\a wide range of 18 experience in engineering, architecture, building, plumbing, roofing, electrical installation, and 19 other related fields involving the building business;_and, '\ 20 \ I \ ✓ 21 WHEREAS, this ordinance change will make this board consistent with all the other Assembly 22 boards in which the Assembly member appointed will serve in`'an ex- officio capacity; and 23 24 WHEREAS, adding another seat will Open n up opportunities \from the public to serve on this 25 board. \\ f. . 26 \,.\\ f 27 NOW, THEREFORE, BE IT ORDAINED B THE/ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 /f' ,.\ 30 Section 1: This ordinance is of a general and s permanent nature and shall become a part of 31 the Kodiak Island Borough Code ofOrdinances; and 32 . n; 33 Section 2: Ordinance No: FY2013 :08.Amen ds Title 2 Administration and Personnel Chapter 34 7 , A` rchitec.tbral /Engineering"Review Board Section 2.125.030 Qualifications 35 f as follows: \ z 36 2.125.030 Qualifications. \, 37 Six Seven members of the board shall be residents and qualified voters of the borough and 38 shall have an interest and a / wide range of experience in engineering, architecture, building, 39 plumbing, roofing electrical,installation, and other related fields involving the building business. N 40 Ono mombor of tho board chall bo a mombor of tho accombly, appointed by tho mayor. The 41 manager, assembly/ member representative, school district superintendent, or their 42 designees, and a school board representative shall be nonvoting ex officio members of the 43 board and may participate in all discussions. 44 45 46 47 48 49 50 Kodiak Island Borough Ordinance No. FY2013 -08 Page 1 of 2 51 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 52 THIS DAY OF 2012 53 54 55 KODIAK ISLAND BOROUGH 56 57 58 Jerome M. Selby, Borough Mayor 59 60 ATTEST: 61 62 63 64 Nova M. Javier, MMC, Borough Clerk 65 66 1 % Kodiak Island Borough Ordinance No. FY2013 -08 Page 2 of 2 tt : KODIAK ISLAND BOROUGH 3 ARa #4f9 nY � t 9 W... t x ,. re .. —'-- -_ - = A,R € REVIEW BOARD IL BOIL "�DING BOARD OF APPEALS NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Bonney 2014 486 -4005 654 -7938 stralaska(ahotmail.com PO Box 5524 Chiniak, AK 99615 Michael Brechan 2014 654 -5514 487 -2152 654 -5518 mbrechan(Thhughes.net PO Box 303 Kodiak, AK 99615 Sonny Vinberg 2014 512 -2839 486 -2530 206 -790- sonnyvinberq(a)hotmail.com PO Box 78 4502 hvinberq(@koniaq.com Kodiak, AK 99615 Gregg Hacker (Chair) 2013 486 -4392 481 -2288 539 -5230 ghacker01(cilkibsd.ore PO Box 967 Kodiak, AK 99615 -0967 Proposed Additional Seat 2013 Ray Nordgulen 2012 486 -3719 539 -1639 nordqulenwings(cilhotmail.com 274 Neva Way Kodiak, AK 99615 Cliff Ford 2012 486 -5353 486 -7742 539 -5340 clifff acsalaska.net 1250 Beaver Way Kodiak, AK 99615 NON - VOTING EX- OFFICIOS Assembly Representative Jerrol Friend 486 -7654 486 -4946 539 -1975 ierrol.friend PO Box 175 Kodiak, AK 99615 School Board Representative Norm Wooten PO Box 3016 539 -1419 nwooten(Woci.net Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 STRFFa4!ry zr of EiFDIRECTOR WOODYKONING .. 486 -9343 wkoninq(Jkodiakak. us , SMITH 486 -9341 ksmith(dkodiakak.us +PROJECTS ASSISTANT JESSI ■OLFE 486 -9349 jwolfe oA.kodiakak. us ENGINEERING & FACILITIES DEPARTMENT ' r 710 MILL *BAY ROAD -A _ KODIAK; AK 99615 K Revision Date: 10/8/2012 Revised by: JK / /+� `" KODIAK ISLAND BOROUGH 9` .J.. - AGENDA STATEMENT REGULAR MEETING OF: NOVEMBER 1, 2012 ITEM NO.: 13.A.1 TITLE: Reorganization of the Kodiak Island Borough Assembly Election of Deputy Presiding Officer. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: None. APPROVAL FOR AGEND B SUMMARY STATEMENT: 2.25.050 Deputy presiding officer. The assembly shall elect from among its members a deputy presiding officer, as specified in KIBC 2.30.040(A), to act as the chair in the absence of the mayor to conduct the meetings and see that the rules are observed. If the deputy presiding officer is not present or disqualifies himself, the senior assembly member present shall act as the chair. When a member of the assembly is acting as the chair, the member retains all privileges otherwise held as a member of the assembly. 2.30.040 Organization and deputy presiding officer. A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly's pleasure. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. C. Deputy Presiding Officer. The deputy presiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy presiding officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. RECOMMENDED MOTION: Move to nominate as deputy presiding officer. Kodiak Island Borough Page 1 of 1 . , : _ ,, A . , KODIAK ISLAND BOROUGH i' A ° 1 � " AGENDA STATEMENT REGULAR MEETING OF: NOVEMBER 1, 2012 ITEM NO.: 13.E.1 TITLE: Mayoral Appointments of Assembly Member Representatives to Boards and Committees. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No • Account Number: Amount Budgeted: ATTACHMENTS: Mayor Selby's list and Assembly member forms bi APPROVAL FOR AGENDA: SUMMARY STATEMENT: Mayor Selby has asked that the Assembly confirm his appointment of Assembly member representatives to Boards, Committees, Commissions, and Councils as follows: Architectural Review Board Aaron Griffin Economic Development Committee Jerome Selby Emergency Services Council Jerome Selby Fisheries Oceanic Research Board Jerome Selby Joint Building Code Review Committee Mel Stephens Kodiak College Council Dave Kaplan Kodiak Fisheries Work Group (Adhoc) Chris Lynch Dave Kaplan Louise Stutes Kodiak Fisheries Advisory Committee Louise Stutes Parks and Recreation Committee Aaron Griffin Project Advisory Committee (Zoning Code Revision) Louise Stutes Providence Health System Service Area Board Carol Austerman School District Budget Advisory Committee Mel Stephens School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Carol Austerman Solid Waste Advisory Board Tuck Bonney RECOMMENDED MOTION: Move to confirm the mayoral appointments of assembly member representatives to Boards, Committees, Commissions, and Councils. Kodiak Island Borough Page 1 of 1 APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARPS.AND COMMITTEES MAYOR'S APPOINTMENT # Board or Committee Assembly Rep Assembly Rep 10/2011-10/2012 Architectural Review Board, KIBC 2.125 Jerrol Friend 1 . II Economic Development Committee, KIBC 2.115 Jerome Selby Jerome Selby Emergency Sendces Council, KIBC 2.110 Jerome Selby Jerome Selby Fisheries Oceania: Research Board, KIBC 2.125 Jerome Selby Jerome Selby Kodiak Workforce Regional Advisory Council, KIBC Jerome Selby Jerome Selby 2.155 . Joint Building Code Review Committee, KIBC 15.45 Jerrol Friend I VI e,' Kodiak College Council i Dave Kaplan c, Chris Lynch IV Kodiak Fisheries 'Work Group (Adhoc) Dave Kaplan ✓ v Louise Stutes j Kodiak Fisheries Advisory Committee, Res FY07 -38 Louise Stutes Lou_ aSP -- Parks and Recreation Committee, KIBC 2.120 Chris Lynch /! �� tTliMUh Project Advisory Committee (Zoning Code Revision), Louise Stutes ) �� Res FY2011 -08 C � Providence Health System Service Area Board, � o �� l KIBC 8.05 Carol Austerman l/ �\ PmmMidenc.e Kndi • Advisory Council, KIBC 8.10 outse u e . School District Budget Advisory Committee Mel Stephens " School District Facilities Review Committee Chris Lynch Celi.rC School District Strategic Planning Committee Carol Austerman CSI • 1 Solid Waste Advisory Board, KIBC 2.145 Dave Kaplan KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor rind confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment ilot confirmed by the assembly shall not become effective. : Wald WdL2:b0 ?TO? a? ' - : ON XNd Nova Javier From: Swanson, Amanda <Amanda.Swanson @providence.org> Sent: Friday, October 19, 2012 12:06 PM To: Nova Javier; don.rush @providence.org Cc: Rush, Donald Subject: RE: Provide KI Counseling Center Advisory Council The PKICC 'board' is now a committee of the Community Advisory Board (hospital board). Let me know if you have additional questions, thank you. From: Nova Javier fmailto:njavier(alkodiakak.usl Sent: Friday, October 19, 2012 9:53 AM To: Swanson, Amanda; don.rush©providence.orq Subject: Provide KI Counselling Center Advisory Council Hi Amanda and Don, What is the current status of this board? I have a note from last year that this board will be no longer active in 2013 and I just can't verify where I got that information. Is there still a need for an Assembly member to seat on this board? Thank you, Nova Ms. Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete this message. 1 APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Assembly Member. C 0 I rt o4v' , "a'v Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by , Thursday, October it # Board or Committee Assembly Rep Assembly Rep 10/2011- 10/2012 Architectural Review Board, KIBC 2.125 Jerrol Friend Economic Development Committee, KIBC 2.115 Jerome Selby Jerome Selby Emergency Services Council, KIBC 2.110 Jerome Selby Jerome Selby Fisheries Oceanic Research Board, KIBC 2.125 Jerome Selby Jerome Selby 3 Kodiak Workforce Regional Advisory Council, KIBC Jerome Selby Jerome Selby 2.155 Joint Building Code Review Committee, KIBC 15.45 Jerrol Friend 4 Kodiak College Council Dave Kaplan Chris Lynch Kodiak Fisheries Work Group (Adhoc) Dave Kaplan Louise Stutes Kodiak Fisheries Advisory Committee, Res FY07 -38 Louise Stutes Parks and Recreation Committee, KIBC 2.120 Chris Lynch Project Advisory Committee (Zoning Code Revision), Louise Stutes Res FY2011 -08 i Providence Health System Service Area Board, Carol Austerman KIBC 8.05 Providence Kodiak Island Counseling— Center- Louise States Advisory Council, KIBC 8.10 School District Budget Advisory Committee Mel Stephens School District Facilities Review Committee Chris Lynch . ' r ^ School District Strategic Planning Committee y0 Solid Waste Advisory Board, KIBC 2.145 Dave Kaplan KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. If 11 - ilyY o f 1 clef oPr. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Assembly Member: Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 18. Board or Committee Assembly Rep Assembly Rep 10/2011 - 10/2012 Architectural Review Board, KIBC 2.125 Jerrol Friend Economic Development Committee, KIBC 2.115 Jerome Selby Jerome Selby Emergency Services Council, KIBC 2.110 Jerome Selby Jerome Selby Fisheries Oceanic Research Board, KIBC 2.125 Jerome Selby Jerome Selby Kodiak Workforce Regional Advisory Council, KIBC Jerome Selby Jerome Selby 2.155 Joint Building Code Review Committee, KIBC 15.45 Jerrol Friend Kodiak College Council Dave Kaplan Chris Lynch Kodiak Fisheries Work Group (Adhoc) Dave Kaplan Louise Stutes Kodiak Fisheries Advisory Committee, Res FY07 -38 Louise Stutes Parks and Recreation Committee, KIBC 2.120 Chris Lynch 0 Project Advisory Committee (Zoning Code Revision), Louise Stutes Res FY2011 -08 Providence Health System Service Area Board, Carol Austerman KIBC 8.05 -- Providence — Kodiak— tslCounseling Center Louise Stutes Advisory Council, KIBC 8.10 School District Budget Advisory Committee Mel Stephens School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board, KIBC 2.145 Dave Kaplan KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Assembly Member: r ` 9 A Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 18. # Assembly Rep Assembly Rep Board or Committee 10/2011- 1012012 Architectural Review Board, KIBC 2.125 Jerrol Friend Economic Development Committee, KIBC 2.115 Jerome Selby Jerome Selby Emergency Services Council, KIBC 2.110 Jerome Selby Jerome Selby Fisheries Oceanic Research Board, KIBC 2.125 Jerome Selby Jerome Selby Kodiak Workforce Regional Advisory Council, KIBC Jerome Selby Jerome Selby 2.155 Joint Building Code Review Committee, KIBC 15.45 Jerrol Friend Kodiak College Council Dave Kaplan Chris Lynch Kodiak Fisheries Work Group (Adhoc) Dave Kaplan Louise Stutes Kodiak Fisheries Advisory Committee, Res FY07 -38 Louise Stutes 1- I Parks and Recreation Committee, KIBC 2.120 Chris Lynch Project Advisory Committee (Zoning Code Revision), Louise Stutes Res FY2011 -08 Providence Health System Service Area Board, Carol Austerman KIBC 8.05 - Providence— Kodiak — Island — Counseling — Center L -euise -Stites Advisory Council, KIBC 8.10 School District Budget Advisory Committee Mel Stephens School District Facilities Review Committee Chris Lynch 3 School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board, KIBC 2.145 Dave Kaplan KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. AP POINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Assembly_Member: Dave Kaplan Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday,'October 18. # Board or Committee Assembly Rep Assembly Rep 10/2011- 10/2012 Architectural Review Board, KIBC 2.125 Jerrol Friend Economic Development Committee, KIBC 2.115 Jerome Selby Jerome Selby Emergency Services Council, KIBC 2.110 Jerome Selby Jerome Selby Fisheries Oceanic Research Board, KIBC 2.125 Jerome Selby Jerome Selby Kodiak Workforce Regional Advisory Council, KIBC Jerome Selby Jerome Selby 2.155 Joint Building Code Review Committee, KIBC 15.45 Jerrol Friend Kodiak College Council Dave Kaplan Dave Kaplan Chris Lynch Dave Kaplan Kodiak Fisheries Work Group (Adhoc) Dave Kaplan Louise Stutes Kodiak Fisheries Advisory Committee, Res FY07 -38 Louise Stutes Parks and Recreation Committee, KIBC 2.120 Chris Lynch Project Advisory Committee (Zoning Code Revision), Louise Stutes Res FY2011 -08 Providence Health System Service Area Board, Carol Austerman KIBC 8.05 Providence Kodiak Island Counseling Center Louise Stutes Advisory Council, KIBC 8.10 School District Budget Advisory Committee Mel Stephens School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey DaveKaplan wishes to remove Solid Waste Advisory Board, KIBC 2.145 Dave Kaplan himself from this Committee AP POINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS-AND COMMITTEES AssemblyM ember: I OL� Please m your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 18. # Board or Committee Assembly Rep Assembly Rep 10/2011- 10/2012 Architectural Review Board, KIBC 2.125 Jerrol Friend Economic Development Committee, KIBC 2.115 Jerome Selby Jerome Selby Emergency Services Council, KIBC 2.110 Jerome Selby Jerome Selby Fisheries Oceanic Research Board, KIBC 2.125 Jerome Selby Jerome Selby Kodiak Workforce Regional Advisory Council, KIBC Jerome Selby Jerome Selby 2.155 Joint Building Code Review Committee, KIBC 15.45 Jerrol Friend Kodiak College Council Dave Kaplan Chris—Lyn—Oh . Kodiak Fisheries Work Group (Adhoc) Dave Kaplan C`I\f\S Louise Stutes Kodiak Fisheries Advisory Committee, Res FY07 -38 Louise Stutes Parks and Recreation Committee, KIBC 2.120 Chris Lynch 1 Project Advisory Committee (Zoning Code Revision), Louise Stutes Res FY2011 -08 Providence Health System Service Area Board, Carol Austerman KIBC 8.05 Providence Kodiak Island _C.ounseling — Genter— Louise Stutes isv oFy Council, KIBC 8.10 School District Budget Advisory Committee Mel Stephens School District Facilities Review Committee Chris Lynch G1\0,3 School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board, KIBC 2.145 Dave Kaplan KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and - elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Assembly.Member: 1 "e( Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 18. Board or Committee Assembly Rep Assembly Rep 10/2011- 10/2012 Architectural Review Board, KIBC 2.125 Jerrol Friend Economic Development Committee, KIBC 2.115 Jerome Selby Jerome Selby Emergency Services Council, KIBC 2.110 Jerome Selby Jerome Selby Fisheries Oceanic Research Board, KIBC 2.125 Jerome Selby Jerome Selby Kodiak Workforce Regional Advisory Council, KIBC Jerome Selby Jerome Selby 2.155 Joint Building Code Review Committee, KIBC 15.45 Jerrol Friend r/� Kodiak College Council Dave Kaplan Chris Lynch Kodiak Fisheries Work Group (Adhoc) Dave Kaplan Louise Stutes Kodiak Fisheries Advisory Committee, Res FY07 -38 Louise Stutes Parks and Recreation Committee, KIBC 2.120 Chris Lynch C-1) Project Advisory Committee (Zoning Code Revision), Louise Stutes Res FY2011 -08 ` J Providence Health System Service Area Board, Carol Austerman KIBC 8.05 r Providence_Kodiak— Island— Counseling Center _Louise_Stutes Advisory Council, KIBC 8.10 School District Budget Advisory Committee Mel Stephens School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board, KIBC 2.145 Dave Kaplan KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES Assembly Member: Louise Stutes Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 18. Board or Committee Assembly Rep Assembly Rep 10/2011- 10/2012 Architectural Review Board, KIBC 2.125 Jerrol Friend Economic Development Committee, KIBC 2.115 Jerome Selby Jerome Selby Emergency Services Council, KIBC 2.110 Jerome Selby Jerome Selby Fisheries Oceanic Research Board, KIBC 2.125 Jerome Selby • Jerome Selby Kodiak Workforce Regional Advisory Council, KIBC Jerome Selby Jerome Selby 2.155 Joint Building Code Review Committee, KIBC 15.45 Jerrol Friend Kodiak College Council Dave Kaplan 1 Chris Lynch Kodiak Fisheries Work Group (Adhoc) Dave Kaplan 1 Kodiak Fisheries Advisory Committee, Res FY07 -38 Louise Stutes Parks and Recreation Committee, KIBC 2.120 Chris Lynch Project Advisory Committee (Zoning Code Revision), Louise Stutes Res FY2011 -08 Providence Health System Service Area Board, Carol Austerman KIBC 8.05 Providence Kodiak Island Counseling Center Louise Stutes Advisory Council, KIBC 8.10 School District Budget Advisory Committee Mel Stephens School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey 1 Solid Waste Advisory Board, KIBC 2.145 Dave Kaplan KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — October 8, 2012 SUMMARY APPROVED: Motion to approve 2012/2013 certificated contracts to Kevin Quinlan — MA +54/5 in the amount of S59,999 plus $1,098 village stipend plus $1,098 special education stipend for 1.0 FTE special education teacher at Ouzinkic School for 158 days, for one year only; and Christopher Polum — BA +0 /0 in the amount of $37,280 for 1.0 FTE teacher at North Star Elementary School for 161 days. APPROVED: Motion to approve the 2012/2013 Facility Use Agreement for Port Lions School, for the period of October I, 2012, to September 30, 2013, as presented. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org. • Kodiak Island Borough Assembly Regular Meeting Guidelines November 1, 2012, 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 any Assembly Member who may be absent. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (+fit') are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting Minutes of September 20, 2012. * Mayoral Appointments of Assembly Member Representatives to Boards and Committees. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES * Regular Meeting Minutes of September 20, 2012. \ PLEASE ANNOUNCE: STOP. Due to the delay of the radio broadcast and web streaming, please place your \ / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. Kodiak Island Borough Assembly Guidelines November 1, 2012 Page 1 6. AWARDS AND PRESENTATIONS A. Students of the Month for October 2012 — Mayor Selby • Cheyenne Cagle — Learning Center • Alyssa Chichenoff — Ouzinkie School 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; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS — None. 9. PUBLIC HEARING A. Ordinance No. FY2013 -07 Approving a Rezone for Lot 3, Block 4, Port Lions Subdivision 3` Addition From R1- Single Family Residential To PL- Public Use Zoning District (Case 13 -010). Recommended motion: Move to adopt Ordinance No. FY2013 -07. Clerk's Note: 34 public hearing notices were mailed. Attached on blue paper are the responses. Staff Report — Administrative Official Cassidy Open public hearing. Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202 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. Continued on next page... Kodiak Island Borough Assembly Guidelines November 1, 2012 Page 2 B. Ordinance No. FY2013 -08 Amending Title 2 Administration and Personnel Chapter 2.125 Architectural /Engineering Review Board Section 2.125.030 Qualifications. Recommended motion: Move to adopt Ordinance No. FY2013 -08. Staff Report — Administrative Official Cassidy Open public hearing. Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer. Mayor Selby opens the nominations. Nominations may be made by any member of the Assembly. A second is not needed. Move to nominate as deputy presiding officer. Mayor Selby closes the nominations. If only one individual is nominated, the recommended motion is: Move to cast a unanimous ballot for as Deputy Presiding Officer. ROLL CALL VOTE ON MOTION. If more than one individual is nominated, Mayor Selby asks the clerk to distribute ballots, collect, and tally the ballots. Balloting continues until there is a majority vote and the Borough Clerk announces the Assembly member elected to serve as Deputy Presiding Officer. \ PLEASE ANNOUNCE: nor Due to the delay of the radio broadcast and web streaming, please place your \ / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. Kodiak Island Borough Assembly Guidelines November 1, 2012 Page 3 B. Contracts — None. C. Resolutions — None. D. Ordinances for Introduction — None. E. Other Items 1. deb Mayoral Appointments of Assembly Member Representatives to Boards and Committees. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Assembly and School District Board will meet in a Joint Work Session on Thursday, November 8 at 6:30 p.m. in the School District Conference Room. Immediately following the Joint Work Session the Assembly will hold a Work Session in the Borough Conference Room. The Assembly regular meeting of Thursday, November 15 has been canceled. The next work session is scheduled on Thursday, November 29 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, December 6 at 7:30 p.m. in the Borough Assembly Chambers. The Borough offices will be closed on Monday, November 12 in observance of Veteran's Day. The Borough Clerk's Office will be closed November 12, 13, and 14, and will reopen for business on Thursday, November 15 at 8 a.m. The Mayor and members of the Assembly will be traveling November 12 -16 to attend the Alaska Municipal League Conference in Anchorage. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines November 1, 2012 Page 4 / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET i 1(90 f Regular ✓ Special Date: I l .,--' ° Convened: Recessed: Reconvened: Adjourned: BY: BY: Ilb BY: I '5i BY: Jc BY: SECOND: SECOND: SECOND: � ,, SECOND: `� SECOND: ()- � s� 3 \N \� ADi� 61 ��a0« Lu\ k -4 \ YES NO YES NO YES NO YES NO YES NO Ms. Austerman ✓/ Ms. Austerman Ms. Austermarli„ V / Ms. Austerman ✓ Ms. Austerman Mr. Bonney V Mr. Bonney Mr. Bonney -Id , / v Mr. Bonney ✓ Mr. Bonney Mr. Griffin Mr. Griffin Mr. Griffin v A / Mr. Griffin ✓ Mr. Griffin Mr. Kaplan �/ Mr. Kaplan Mr. Kaplan v , / Mr. Kaplan / Mr. Kaplan Ms. Lynch V / Ms. Lynch Ms. Lynch V Ms. Lynch V I / Ms. Lynch Mr. Stephens V Mr. Stephens Mr. Stephens ✓ Mr. Stephens 7 Mr. Stephens Ms. Stutes V Ms. Stutes Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?+, TOTAL: TOTAL: TOTAL: '7 O TOTAL: 9 0 TOTAL: The mayor may t 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 • Regular /Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I /� Da te: l �/ t 19 Convened: Recessed: Reconvened: Adjourned: BY: L5 BY: 9 BY: BY: BY: SECOND SECOND: ,\ SECOND: SECOND: SECOND: SECOND: Q u ( 94ij rveK YES NO YES NO YES NO • YES NO YES NO Ms. Austerman ✓/ Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr. Bonney V Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney Mr. Griffin �d° V Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch V/ Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Stephens '✓ Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes _ CHANGE 0 VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?, TOTAL: (J D TOTAL: TOTAL: TOTAL: TOTAL: The mayor may of vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: UNQ OW ( ,9DI a_ Please PRINT your name Please PRINT you nna n —; 0 q7:1 Su L L Mt/0 �� V <:\ A V \N\//