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2013-01-03 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 3, 2013, 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 December 6 and the Special Meeting of December 13, 2012. 6. AWARDS AND PRESENTATIONS A. National Stalking Awareness Month Proclamation 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 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR • 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2013 -18 Certifying the FY2013 Shared Fisheries Business Tax Program Application To Be True and Correct. 2. Resolution No. FY2013 -19 Adopting a 2013 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 1 of 2 3. Resolution No. FY2013 -20 Accepting the Recommendation of the Planning and Zoning Commission by Approving the Disposal of a Portion of Lot la, Block 6, Miller Point Alaska Subdivision and a Portion of Lot 2a, Block 9, Miller Point • Alaska Subdivision First Addition, Comprising Approximately 19,500 Square Feet, as Land That is Surplus to the Public's Need and Subject to Disposal by Direct Negotiation for Fair Market Value. C. Ordinances for Introduction 1. Ordinance No. FY2013 -11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures to Make Information About Borough Contracts More Readily Available to the Public and Other Related Matters. D. Other Items 1. Confirmation of Mayoral Appointments to Various Boards, Commissions, and • Committees. 2. Assembly Appointments to the Citizens Board of Equalization, Monashka Bay Road Service Area Board, and Mission Lake "Tide Gate" Service Area Board. 14. BOARD OF ADJUSTMENT A. Findings of Fact for the Board of Adjustment's Decision Reversing in Part the Planning and Zoning Commission's Decision on Case 13 -006 Denying the Request of a Variance by Providing for 20 Parking Spaces Designated for Five Retail Parking Spots, Five Container Parking Spots, and Ten Tandem Parking Spots on the Pacific Seafood's Lot. 15. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Joint Building Code Review Committee Regular Meeting of October 30, 2012. 2. Planning and Zoning Commission Regular Meeting of October 17, 2012. 3. Solid Waste Advisory Board Regular Meetings of June 14 and September 25, 2012. 4. Womens Bay Service Area Board Regular Meeting of November 13, 2012. B. Reports 1. Kodiak Island Borough School District Special Meeting Summary of December 3, 2012 and Regular Meeting Summary of December 17, 2012. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting December 6, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, December 6, 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. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, and Mel Stephens. Staff members present were Administrative Official Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. KAPLAN moved to excuse Assembly member Stutes who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Special meeting minutes of September 22, 2012, and regular meetings minutes of October 4, October 18, and November 1, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award for November 2012 to Reymark Galleto, a junior at the Kodiak High School. CITIZENS' COMMENTS Todd Hiner spoke on the sludge issue in Middle Bay. Lawrence Anderson gave an update on the services provided by the Kodiak Senior Center and Island Cove. Judy Kidder thanked the Assembly and City in joining forces on the sludge issue. Ms. Kidder requested that the animal control fees be reinstated in the fee schedule, to be enforced if needed. COMMITTEE REPORTS Nick Szabo, Solid Waste Advisory Board Chair, gave an update on the its meeting of November 15. Assembly member Stephens reported on the Alaska Municipal League Conference meetings in Anchorage. Assembly member Lynch reported on the Kodiak Fisheries Workgroup meeting held Monday, December 3, 2012. Kodiak Island Borough Assembly Minutes December 6, 2012 Page 1 PUBLIC HEARING None. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) Administrative Official Cassidy reported on the following: • Engineering /Facilities Department finished the interviewing process for the Kodiak High School Project Manager Consultant position. • Auditing of personal property and severance tax, the Borough collected an additional $300,000 in tax revenue. • The Borough received approval on the 95% drawings on the Kodiak High School Renovation project from Department of Education and Early Development (DEED). • The Borough and the City were looking for a community solution to the sludge issue. • The Long Term Care Facility paperwork was scheduled for the next regular meeting. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the meetings at the Alaska Municipal League Conference meetings in Anchorage. Mayor Selby also encouraged the community to give a helping for those in need over the holidays. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1. Resolution No. FY2013 -02 Reestablishing the Fees of the Kodiak Island Borough. KAPLAN moved to adopt Resolution No. FY2013 -02. Resolution No. FY2013 -02 was the annual review of the Borough's fees schedule. Review included fees covering costs, making language clearer, and adjusting reproduction costs. STEPHENS moved to amend Resolution No. FY2013 -02 by reinstating all references of Title 6 of the Borough Code in the Resolution. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, and Austerman. 2. Resolution No. FY2013 -15 Authorizing Terms and Conditions For Sale of a Tax Foreclosed Property Legally Described as Lot 17, Block 7, Baranof Heights Subdivision 1st Addition at Borough Land Sale Number Seventeen. GRIFFIN moved to adopt Resolution No. FY2013 -15. Kodiak Island Borough Assembly Minutes December 6, 2012 Page 2 The Kodiak Island Borough acquired Lot 17, Block, 7, Baranof Heights Subdivision 1st Addition as a result of the tax foreclosure procedure. The Assembly adopted Ordinance No. FY2013 -05, which determined, consistent with the recommendation of the Planning and Zoning Commission, that a public need did not exist for this property, and authorized the Manager to offer the property for sale by sealed bid auction. This resolution defined the terms of sale previously outlined in Ordinance No. FY2013 -05. To be eligible for consideration to purchase Lot 17, Block 7, Baranof Heights Subdivision 1st Addition, sealed bids were required to be in the Manager's office by 4 p.m. on January 17, 2013. The bidder would enclose a 10% deposit ($6,650) based on the minimum bid amount indicated in the bid packet, to be paid in cash or other means acceptable to the Borough Finance Director. The remaining balance was to be paid in thirty (30) days. The Borough Assessor appraised the property within a fair market value range of $70,000 - $80,000, with a recommendation that the property be offered at the lower end of this range. Minimum acceptable bid at the auction would not be less than ninety five percent (95 %) of the low range of the low market appraised value, or not less than $66,500. This resolution also outlined the procedure available for the previous record owner of the property to claim proceeds of the sale exceeding the amount of taxes owed, penalties, interest, and other related costs (Section 4), and described conveyance by quitclaim deed (Section 5). This resolution was reviewed by the Borough Attorney. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Griffin, Kaplan, Lynch, Austerman, and Bonney (Ayes); Stephens (No). 3. Resolution No. FY2013 -17 Authorizing the Kodiak Island Borough to Submit an Application for a Loan From the Alaska Clean Water Fund for the Landfill Lateral Expansion Project, Phase III. AUSTERMAN moved to adopt Resolution No. FY2013 -17. The purpose of this resolution was to approve the Kodiak Island Borough's submittal of an application to the Alaska Clean Water Fund for a loan in an amount up to $5,818,548. Loan funds were to be used to support the Landfill Lateral Expansion Project, Phase Ill. This phase was the construction of a wastewater treatment facility for on -site treatment of the landfill's leachate. KIB could borrow loan funds as needed up to the approved amount. Terms for the repayment of the loan were up to 20 years at 1.5% interest. Borough staff initiated the "pre- application" process in January 2012 requesting $6,437,500 in loan funding. The State of Alaska Department of Environmental Conservation reviewed the loan request and placed the project on the Alaska Clean Water Fund Non -Point Source Funding Priority List for Fiscal Year 2013 in the amount of the program's current available assistance, $5,818,548. Once on the list, a formal application would be submitted to receive the loan funds. To assist with financing the cost of expanding the landfill under current regulations, the Borough also applied for a second grant from the Alaska Department of Environmental Conservation Municipal Matching Grant Program as well as a second legislative grant from the Alaska Legislature via the FY13 Capital Improvements Priority List. Application to the Alaska Clean Water Fund Loan Program provides security of project funding in case these grant requests were not approved. This resolution authorized the Borough Manager to submit an application for a loan from the Alaska Clean Water Fund and authorized the Borough Manager to execute any and all documents required for the loan. Kodiak Island Borough Assembly Minutes December 6. 2012 Pape 3 ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Kaplan, Lynch, Austerman, and Griffin (Ayes); Stephens and Bonney (Nos). Ordinances for Introduction 1. Ordinance No. FY2013 -10 Accepting a Grant From the Alaska Division of Homeland Security and Emergency Management Under the Homeland Security Grant Program (HSGP) for Kodiak Area Emergency Operations Plan Update. AUSTERMAN moved to adopt Ordinance No. FY2013 -10 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Kodiak Island Borough and the City of Kodiak jointly agreed to provide for disaster preparedness and emergency response on an area -wide regional basis. The City and Borough have historically maintained one Emergency Operations Plan (EOP) in this regard, which covers the Kodiak Road System and six remote communities. These plans must be updated and amended from time -to -time in order to remain current in terms of personnel and resources available in the community. The Kodiak Island Borough traditionally facilitated the planning process to maintain the Kodiak Area Emergency Operations Plan (KAEOP). The KAEOP is typically reviewed on an annual basis by city and borough staff and when necessary, amendments were forwarded to the Kodiak Island Borough Local Emergency Planning Committee (KIB LEPC). Any changes recommended by the KIB LEPC through this process were then forwarded to the Kodiak Emergency Services Council (ESC) for consideration as an amendment to the adopted plan. The last major revision and update to the plan was adopted in 2005. Many of the changes at that time reflected the lessons learned from 9/11 and the new anti - terror regulations that were put into place immediately following this event. In the intervening years the state and federal governments gradually moved back to a more balanced "all- hazards" approach to emergency preparedness and response. Due to the passage of time, and changes to what the State of Alaska considered to be best planning practices, an annual update was no longer sufficient to keep the KAEOP current. By accepting the attached grant, the Assembly could ensure that the plan would be updated in a timely and comprehensive fashion so that the updated plan could be exercised in March 2014 as part of the next statewide "Alaska Shield" exercise. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Austerman, Bonney, Griffin, and Kaplan. Other Items 1. Approval of the Kodiak Island Borough Assembly 2013 Meeting Schedule. This item was approved under the consent agenda. The Assembly approved the meeting schedule for the upcoming year. 2. Assembly Appointments to the Bay View Road Service Area Board. This item was approved under the consent agenda. No one declared candidacy at the last election for this board. The incumbents, Mr. Fred Roberts and Jim Schauff, expressed to the Clerk their desire to continue their service on the board. Mr. Reed Oswalt, BVRSA Board Chairperson, noted approval of the appointments of Mr. Roberts and Mr. Schauff. Both Kodiak Island Borough Assembly Minutes December 6, 2012 Page 4 Mr. Roberts and Mr. Jim Schauff were qualified voters within the Borough and were both residents of the Service Area. 3. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications Within the Kodiak Island Borough. GRIFFIN moved to voice NON - PROTEST to the State of Alaska Alcoholic Beverage Board for the renewal application requests indicated on presented spreadsheet for 2013. After the Clerk's office routine investigation, no protests were returned. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Griffin, Kaplan, and Lynch. 4. Mayoral Appointment to the Architectural /Engineering Review Board. AUSTERMAN moved to confirm the Mayoral Appointment of Mr. Jerrol Friend to the Architectural Review Board for a term to expire December 2013. With the adoption of Ordinance No. FY2013 -08, amending KIBC 2.125, a Citizen -at -Large seat would be created on the Architectural /Engineering Review Board. The vacancy was advertised by the Clerk's office per Borough Code 2.100.070. The Clerk's office received an application from Mr. Jerrol Friend on November 5 for the vacant seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. Mayor Selby recessed the regular meeting and convened the Board of Adjustment at 8:25 p.m. BOARD OF ADJUSTMENT 1. APPEAL TO THE BOARD OF ADJUSTMENT — An Appeal of the Planning and Zoning Commission's Decision on Case 13 -006 DENYING the Request of a Variance, According to KIBC 17.195, Reducing the Required Off - Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) Assembly member Lynch noted she had a conflict of interest. Chair Selby ruled that there was a conflict of interest and excused Assembly member Lynch. Chair Selby announced that 42 appeal hearing notices were mailed and three written comments were returned and provided to the Board of Adjustment. Chair Selby announced that the Board of Adjustment would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Board of Adjustment, only persons who had submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission would present oral argument. Chair Selby announced the following persons would be allowed to present oral argument on the appeal: Kodiak Island Borough Assembly Minutes December 6, 2012 Page 5 Persons who submitted written argument on the appeal: Thomas Loran Leland James Les James Christopher Wing Testified before the Commission: Gretchen Wing John Whiddon Chris Wing Lauri Whiddon Chris Lynch Jennifer Ridgecreek Bill Alwert Kevin Arndt Barbara from Pickled Willys Submitted written comments to the Commission: Christopher P. Wing Debra Davis Clayton Weather Leland P. James John Adams Ryan Horvath Howard Peterson Steven E. Horn Garreck Parker Wes Hillman Charlie and Laurie Madsen Randy Ensign Chris Lynch Bert Ashley Thomas Loran Cliff Zawacki 1. Borough staff represented by Duane Dvorak, Acting Community Development Director (CDD) and Alan Torres, Chairperson of the Planning and Zoning Commission. Acting Director Dvorak reviewed the case packet and backup information. Mr. Dvorak explained that two cases were included in the packet (current and historical). Comments received after the deadline date were addressed, in that it was mistakenly included in the final packet. Chairperson Alan Torres reported that the Commission agreed with the staff report and addressed that the comments received after the deadline were those of Mr. Kevin Arndt who also spoke at the Planning and Zoning Commission public hearing; therefore, he felt the subject mute. 2. Appellant: 10 minutes - (John Whiddon) Mr. Whiddon gave a historical perspective of Pacific Seafoods including the ownership, growth of business and employees, and structural coverage along with the parking requirements in relation to his required turning radius. Mr. Whiddon suggested a two -part solution which included maintaining the prior zoning requirement of 17 parking spaces; using five spaces in front for retail, five spaces which would be the container van, leaving seven spaces. The remaining seven space requirement would be accommodated by using maximum density parking (vehicles parked in every direction in every available spot). Mr. Whiddon reported that they would not be able to delineate seven additional parking spaces but could comply by using the maximum density scenario. 3. Private person supporting the appeal: None. 4. Private person opposing the appeal: Chris Wing, Jennifer Richcreek, Bill Alwert, and Chris Lynch spoke against the appeal and addressed the lack of parking spaces for personal businesses and property owners on Shelikof Avenue. Kodiak Island Borough Assembly Minutes December 6, 2012 Page 6 5. Appellant, for rebuttal: 10 minutes - (John Whiddon) Mr. Whiddon reiterated his proposed solution of maintaining the 17 required parking spaces in light of the inherent parking problem on Shelikof. AUSTERMAN moved to convene into closed session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO CLOSED SESSION FAILED THREE TO TWO: Griffin, Kaplan, Austerman (Ayes); Bonney and Stephens (Nos). AUSTERMAN moved to Reverse in Part the Planning and Zoning Commission's Decision on Case 13- 006 DENYING the Request of a Variance, according to KIBC 17.195, reducing the required off - street parking from 22 spaces according to KIBC 17.175.040 (Appellant: John Whiddon) to 20 spaces with the designation of five retail spaces, five container spaces, and ten tandem parking spaces. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Griffin, Kaplan, Austerman, and Bonney (Ayes); Stephens (No). AUSTERMAN moved to postpone the findings of fact of the Board of Adjustment on the Planning and Zoning Commission's decision on Case 13 -006 REVERSING IN PART the Request of a Variance, According to KIBC 17.195, reducing the required off - street parking from 22 spaces according to KIBC 17.175.040 to 20 with the designation of five retail spaces, five container spaces, and ten tandem parking spaces to the regular meeting of January 3, 2013. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kaplan, Austerman, Bonney, and Griffin (Ayes); Stephens (No). • Mayor Selby reconvened the regular meeting at 10:05 p.m. EXECUTIVE SESSION A. Evaluation of Applicants for the Borough Manager's Position. KAPLAN moved to convene into executive session to discuss the applicants for the Borough Manager's position which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Austerman, Bonney, Griffin, and Kaplan. Mayor Selby invited the Borough Assembly, Administrative Official, and Clerk's Office Staff into executive session. Mayor Selby recessed the regular meeting and convened the executive session at 10:20 p.m. Upon returning from the executive session, Mayor Selby reconvened the regular meeting at 10:35 p.m. and announced no action was to be taken as a result of the executive session. CITIZENS' COMMENTS Judy Kidder encouraged the community to get involved and participate in the Assembly meetings. Kodiak Island Borough Assembly Minutes December 6, 2012 Page 2 ASSEMBLY MEMBER COMMENTS Assembly member Austerman thanked Lawrence Anderson for his update and comments. Assembly member Lynch congratulated student of the month Reymark Galleto and also thanked Lawrence Anderson for his update and encouraged other non - profits to update the Assembly. Announcements Mayor Selby announced that the Kodiak Island Borough Mayors Conference was scheduled for Monday, December 10 at 11 a.m. in the Borough Conference Room. The next Assembly work session was scheduled on Thursday, December 13 at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, December 20 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT AUSTERMAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Griffin, Kaplan, and Lynch. The meeting was adjourned at 10:40 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor • Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes December 6. 2012 Pape 3 KODIAK ISLAND BOROUGH Assembly Special Meeting December 13, 2012 A special meeting of the Kodiak Island Borough Assembly was held on December 13, 2012, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 9:20 p.m. Present were Deputy Presiding Officer Chris Lynch, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Mayor Selby who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS Marilyn Guilmet spoke on the sludge issue in Middle Bay. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Evaluation of Applicants for the Borough Manager Position. AUSTERMAN moved to convene into executive session to discuss the Borough Manager selection process which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Austerman, Bonney, Griffin, Kaplan, Lynch, and Stutes (Ayes); Stephens (No). Deputy Presiding Officer Lynch invited the Borough Assembly, Administrative Official, and Clerk's Office Staff into executive session. Deputy Presiding Officer Lynch recessed the regular meeting at 9:15 p.m. and convened the executive session. Upon returning from the executive session, Deputy Presiding Officer Lynch reconvened the regular meeting at 9:49 p.m. STUTES moved to direct the Borough Clerk to begin contract negotiations with Mr. Bud Cassidy for the position of Borough Manager. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman. Kodiak Island Borough Assembly Minutes December 13, 2012 Page1101 ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. The meeting was adjourned at 9:50 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes December 13, 2012 Page1102 KODIAK ISLAND BOROUGH - •` f`= AGENDA STATEMENT a , REGULAR MEETING OF: JANUARY 3, 2013 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2013 -18 Certifying the FY2013 Shared Fisheries Business Tax Program Application To Be True and Correct. ORIGINATOR: Finance Director FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -18 APPROVAL FOR AGENDA: _aft - SUMMARY STATEMENT: AS 29.60.450 requires that for a municipality to participate in the FY2013 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2010 from fisheries business activities. The Department of Community and Economic Development has prepared specific application forms for the purpose of presenting the municipality's claims as to the significant effects suffered by the municipality during calendar year 2011. 3AAC 134.100 requires the governing body of the municipality to include with the municipality's FY2012 program application an approved resolution certifying the information contained in the application to be true and correct. This resolution certifies the information contained in the Kodiak Island Borough FY2013 Shared Business Tax Program application to be true and correct. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -18. Kodiak Island Borough Page 1 of 1 • 1 Introduced by: Borough Manager 2 Requested by: Finance Director 3 Drafted by: Finance Director Introduced on: 01/03/2013 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2013 -18 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 CERTIFYING THE FY2013 SHARED FISHERIES BUSINESS TAX PROGRAM 11 APPLICATION TO BE TRUE AND CORRECT 12 13 WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY2013 14 Shared Fisheries Business Tax Program, the municipality must demonstrate to the 15 Department of Community and Economic Development that the municipality suffered 16 significant effects during calendar year 2011 from fisheries business activities; and 17 18 WHEREAS, the Department of Community and Economic Development has prepared 19 specific application forms for the purpose of presenting the municipality's claims as to 20 the significant effects suffered by the municipality during calendar year 2011; and 21 22 WHEREAS, 3AAC 134.100 requires the governing body of the municipality to include 23 with the municipality's FY2013 program application an approved resolution certifying 24 the information contained in the application to be true and correct; 25 26 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that this resolution certifies that the information contained in the Kodiak 28 Island Borough FY2013 Shared Fisheries Business Tax Program Application to be true 29 and correct to the best of our knowledge. 30 31 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 32 THIS DAY OF , 2013 33 34 KODIAK ISLAND BOROUGH 35 36 37 38 Jerome M. Selby, Borough Mayor 39 ATTEST: 40 41 42 43 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2013 -18 Page 1 of 1 O .._.�.__�.�___.v_.T__.�_ a —._. _T_ — - (I- ii I 11 it lj % Share of 20W IFisI` iitWTax 3 % 1% 1% 1% 1% , ❑ Akhiok N ❑ KIB , \ ❑ Kodiak i ❑ Larsen Bay 42% ! 51 ❑ Old Harbor i I ❑ Ouzinkie ❑ Port Lions 1 FY11 Rev FB FY11 Rev LT FY12 DCCED FB FY12 DCCED LT Totals Akhiok $57.69 $313.99 $25,300.39 $62.46 $25,734.53 KIB $1,405,359.57 $4,229.40 $96,895.12 $239.22 $1,506,723.31 Kodiak $1,123,205.47 $160.08 $120,364.74 $297.17 $1,244,027.46 Larsen Bay $75,013.30 $0.00 $26,260.50 $64.83 $101,338.63 Old Harbor $25.01 $0.00 $25,981.72 $64.15 $26,070.88 Ouzinkie $0.00 $0.00 $26,883.35 $66.37 $26,949.72 Port Lions $10,627.08 $0.00 $25,747.27 $63.57 $36,437.92 $2,614,288.12 $4,703.47 $347,433.09 $857.77 $2,967,282.45 Kodiak Island Borough pAp 'pp %�Re MEMORANDUM e To: Kodiak Island Borough Mayor and qly Through: Charles Cassidy, Borough Manager1f� " le Th From: Karleton Short, Finance Director / K Subject: FY2013 Shared Fisheries Business Tax Program Application Date: December 28, 2012 I certify that to the best of my knowledge the FY2013 Shared Fisheries Business Tax Program Application is materially correct. STANDARD METHOD APPLICATION for the FY13 SHARED FISHERIES BUSINESS TAX PROGRAM Name of Municipality: Kodiak Island Borough Address: 710 Mill Bay Road Kodiak, AK 99615 Contact Person: Karl Short Phone Number: 907- 486 -9320 Total # of Significant Effects Claimed: 5 Total $ of Significant Effects Claimed: $ 26,38 &,419 Return this cover page along with Declaration of Significant Effects forms and resolution to: Department of Community and Economic Development Division of Community Advocacy Shared Fisheries business Tax Program PO Box 110809 Juneau, AK 99811 -0809 FY 13 Shared Fisheries Business Tax Program DECLARATION • SIGr IFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. The general fund includes administrative functions such a's the Clerk's Office, Finance and Assessing, Borough Manager, School District support, plus transfers to other entities. This is the core unit of the Borough and its general administration. 2. Significant effect (municipal expenditure) made necessary during 2011 by the fisheries business activity listed' in # 1 was $4,11 3. Municipal expenditure is: actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part . 2 was determined: (Every municipal expenditure marked "determined necessary' must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2011 expenditures 100% fisheries related ($0 X 1.00) $ 0 .00 Total calendar year 2011 expenditures at 64% fisheries related (4,111,385 X .64) $ 2,150,140 Total effect $ 1,794,904 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? '1 Yes ❑ No If yes, describe how the fisheries business- related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough recta report on all of the calendar year 2011 transactions on our New World computer system. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 13 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Special Revenue funds of the Kodiak Island Borough provide a wide variety of services to the community including the fishing industry. Special Revenue funds account for activities such as building & grounds support, coastal management, education, road maintenance, fire protection, and street lighting. 2. Significant effect (municipal expenditure) made necessary during 2011 by the fisheries business activity listed in # 1 $16,702,710 3. Municipal expenditure is: ® actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2011 expenditures 100% fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2011 expenditures at 64% fisheries related ($16,702,710 X .64) $ 10.689,734 Total effect $ 10,689,734 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? ® Yes 0 No If yes, describe how the fisheries business- related part of the overall 'fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at.64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska. Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2011 transactions on our New World Computer Ssytem computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 13 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Debt service funds provide two main services to the residents of the Kodiak Island Borough at this time. They make payments on the bond issues that were sold to expand the hospital and to expand and build new schools. 2. Significant effect (municipal expenditure) made necessary during 2011 by the fisheries business . activity listed in # 1 $4,430,004. 3. Municipal expenditure. is: Q actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2011 expenditures 100% fisheries related ($X 1.00) $ 0.00 Total calendar year 2011 expenditures at 64% fisheries related ($6,695,004 -X .64) $ 4,430,004 Total effect $ 4,430,004 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes ❑ No If yes, describe how the fisheries business- related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2011 transactions. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 13 Shared Fisheries Business Tax Program DECLA ATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Capital projects includes repairs on school buildings, roads, boat ramps, and other capital expenditures 2. Significant effect (municipal expenditure) made necessary during 2011 by the fisheries business activity listed in # 1 $9,853,133 3. Municipal expenditure is: ® actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2011 expenditures 100% fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2011 expenditures at 64% fisheries related ($14,330,548) $ 9,853,133 Total effect $ 9,853,133 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? m Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2011 transactions. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 13 Shared Fisheries Business Tax Program DECLARATIO1 OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Enterprise Funds include Solid Waste collection and disposal, the Kodiak • Fisheries Research Facility, and 911 funding. 2. Significant effect (municipal expenditure) made necessary during 2010 by the fisheries business activity listed in # 1 $ 5,195,202 3. Municipal expenditure is: ® actual: 0 determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 *as determined: Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2011 expenditures 100%fisheries related ($1,896,719 X 1.00) $ 1,896,719 Total calendar year 2010 expenditures at 64% fisheries related ($3,298,483 X .64) $ 2,111,029 Total effect $ 4,007,748 • 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? Yes p No If yes, describe how'the fisheries business- related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expendituresat 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts, on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft • Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2011 transactions. This: was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. Raw Fish Tax - Long Form FY2013 - Calendar Year 2011 Less Transfers 100 General Fund Total and State Aid Total Percentage Total 100 Legislative '197086.00 197086.00 64% 126,135.04 105 Borough Management 424,535.00 424,535.00 64% 271;702.40 110 Borough Clerk 522,005.00 522,005.00 64% 334,08120 115' Borough Attorney 112,118.00 112,11600 64% 71,755.52 120 Finance Department 779,154,00 779,154.00 64% 498658.56 125 Information Technology 66826700 666,267.00 54% 426,41088 130 Assessing Department 549,491.00 549,491.00 64% 351,674.24 115 Engineering/Facilities 198,529,0D 198,529.00 64% 127,058.56 140 Community Development 745,05800 745,05800 64% 476,837.12 142 Building Official 117,189.00 117,189.00 64% 75,000,96 100 Economic Development 63,074.00 63,074.00 64% 40,367.36 165 General Administration 290,332.00 290,332.0D 64% 185,81248 172 Pirks & Recreation 16,620.00 16,620.00 64% 10,636.80 175 Emergency Prepardness 12,573.00 12,573.00 64% 8,046.72 180 School District Support 5,459,507.00 15,459,507.001 0.00 64% 185 Health & Social Services 286,300.00 286,390.00 64% 183,232.00, 186 Animal Control 42,062.00 42,062.00 64% 26,91968 190' Educ, Culture, Recreation 85637.00 86,637.00 64% 55,447,68 191 Kod College & Libraries 72,000.00 72,000.00 64% 46,080.00 195 Transfers Out 266,87200 (266,272.00) 0.00 64% - LessStateRevenueShanng (985,10800) (985,108.00) 154% (1,615,577.12) Less State Fisheries Tax 0.00 (1;336,51700) (1,336,517,00) 100% (1,336,51]00) 100 General Fund Tote( 10,907,409,00 (6,048,004,00) 2,659,405.00 64% 363,765.08 School District 44,174,957.00 (31,249,98800) 12,924,969.00 64% 8,271,980.16 205 Child Care Assistance 112,798.00 - 112,798,00 64% 72,190,72 210 bland Sales 253,118.00 253,11800 64% 161,995.52 220Building And Grounds 686,853.00 686,853.00 64% 439,58592 230 Coastal Management 17,367,00 17,367.00 34,734.00 64% 22,229.76 234. LE.P.C. 21,69100 21,692.00 43,384.00 64% 27,765.76 740 Woment Bay Road Seim 227,256.00 127,266.00 64% 145,450,24 142' Service District No 3 274,014.00 274,01400 64% 175,36896 244, Monashka Bay Rd Dist 55,470.00 55,470.00 64% 35,500.80 246. Bay View Road Service 9,643.00 9,643.00 64% 6,171,52 250 Fire Protect Area Not 9,787.972.00 1]87,972.00 64% 1,144,302.08 252. Women Bay Fire Dept. 65,029.00 65,029.00 64% 41,618.56 254' KIB Airport Fire Dist 13,773,00 13 ,77300 64% 8,81072 260 Woodland Acres Lights 5,429.00 5,429.00 64% 3,474,56 • 261 Trinity Island Light Dist 1,890.00 1,89000 64% 1,20960 262 - Mission Lake Tide Gate 7.00 7.00 64% 4.48 263 Trinity Islands Paving Ct 4,260,00 4,260.00 64% 2,736,40 275 Kodiak Arts Council 0.00 0,00 64% - 276 Facilities Fund 0.00 000 64% - 277T Ourism Development 68601,00. 68,601,00 64% 43,904.54 290 fern Fuller Trust 133,500.00 133,50000 64% 85,440,00 300 Debt service 6,695,004.00 (2,265,000.00) 4,430,004.00 64% 2,835,202.56 310Debt SeMce - Other 000 0.00 64% 410 Capital Proj'Oorosgh. 6,415,114.00 - 6,415,114.00 64% 4,105,672.96 420 Cap Proj-School Bonds 491,707,00 - 491,70700 64% 314,692.42 430 Cap Proj 'Grants 1,064,972.00 (1,064,972.00) 0.00 64% 450 All Cap. Pro' as of FY10 589,167.00 589,167.00 64% 377,066.88 .450 KH5 Renovatopn 4,105.135,00 4,105.135.00 64% 2,627,28640 469 Renewal and Fteplacement 1,664,45300 1,664,45300 64% 1,065,249.92 490 Cap Pro•landfill 0.00 0.00 64% 495 CapBal Pioj- Hospital 0.00 0.00 64% - 530'Shcid Waste Disposal 2,214,905.00 2,214,905.00 64% 1,417,539.20 540 Hasp Enterprise Fund 1,030,5100 1,030,751.00 64 %. 659,680.64 .555 KFRC 1,896,719.00 1,896,71900 100% 1,896,719.00 560 911 Service 52,827.00 52,827.00 64% 33,809.29 Grand Total 65,041,802.00 142,58890500) 47452,897.00 .23,40 16,386,418.80 General Fund 10,907,409.00 (0,048,004.00) 2,859,405,00 64% 363,76508 "Special Revenue Funds 47,913,639.00 (31,210,929.00) 16,702,710.00 64% 10,689,734.40 Debi Service Funds 6,695004.00 (2,265,000.00) 4,430,004.00 64% 2,835,202.56 Capital Project Funds 14,330,548.00 (1,064,972.00) 13,265,575.00 64% 8,489,968.64 Enterprise Funds 5,195,20200 0.00 5,195,20200 varies 4,007,748.12 85.041,802.00 (42,588,905.00) 42,452,897.00 26,395,418.80 Enterprise Funds 100% 1,896,719.00 1,896,719.00 100% 1,896,719.00 Enterprise Funds 64% 3,298,483,00 3,298.483.00 64% 2,111,029.12 5,195,202.00 0.00 5,195,202,00 1164 4,007,748.12 KODIAK ISLAND BOROUGH o AGENDA STATEMENT am l REGULAR MEETING OF: JANUARY 3, 2013 ITEM NO.: 13.B.2 TITLE: Resolution No. FY2013 -19 Adopting a 2013 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. ORIGINATOR: Grant Writer /Special Project Support FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -19; APPROVAL FOR AGENDA: L SUMMARY STATEMENT: As a regional government, the Kodiak Island Borough represents the communities of the Kodiak Island Archipelago. These communities include the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions and the community of Karluk. In these communities there are improvements and infrastructure that include docks, airports, community utilities, and facilities. Project needs have been indentified and prioritized by each community and forwarded to the Kodiak Island Borough by resolution for inclusion into a 2013 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -19. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: Special Projects Support Introduced on: 01/03/2012 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2013 -19 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING A 2013 10 KODIAK ISLAND BOROUGH COMMUNITIES STATE LEGISLATIVE CAPITAL 11 IMPROVEMENT PROJECTS PRIORITY LIST 12 13 WHEREAS, the Kodiak Island Borough is a regionalgovernment representing the 14 citizens and communities of the Kodiak Island Archipelago ; ,and 15 mss : , r 16 WHEREAS, these communities have developed a'list of improvement and infrastructure 17 needs for their citizens and visitors; and 9' \c4. 18 4' '4 4' 19 WHEREAS, these communities include the4home rule city of Kodiak, the second class 20 cities of Akhiok, Larsen Bay, Old Harbor, Ouzlnkie and Port Lions; andethe unincorporated 21 community of Karluk; and 22 .iPi�i w`t 23 WHEREAS, Community Capital iImprovement Project (CIP) needs are identified and 24 prioritized by each of the communities nd rwarded`O\the Kodiak Island Borough for 25 inclusion into an island wide list to be considered by the Alaska Legislature. 27 NOW, THEREFORE'Bg1IT THE °ASSEMBLY THE KODIAK ISLAND t 28 BOROUGH that c he L Kodiak ° issland Borough Communities.. 2013 State Legislative Capital 29 Improvement ProjectsdPriority Lists are as follows: 30 31 ` - '"`'C of K odiak mil' to 32 1. M U µ Pump H ou s e pgr a $5,700,000 33 2. E911 Replacement Equipment ' $350,000 34 $ I hase 3 Shellko Improvements 35 ° a Bu lkhead Parkin Area `., '; , $1,500,000 36 4. Fire`rApparatus Replacement `t $400,000 37 w, Total $7,950,000 38 39 ' - r j 4;1 City of Akhiok 40 1. Planning & Des�ign Treatment Plant $50,000 41 2. Planning & Deslgn' for'New Water Tank and Distribution Lines $50,000 42 3. Planning & Design for Sewer System $50,000 43 4. Planning & Design for New Landfill $50,000 44 5. Erosion Control /New Water -break $50,000 45 6. Planning & Design for Alternative Energy (Hydro) $50,000 46 7. New Playground Equipment $50,000 47 8. Garage Building Rehabilitation $50,000 48 Total $400,000 49 50 51 City of Larsen Bay 52 1. Deepwater Dock/Moorage and Piping for Fuel Delivery $550,000 Kodiak Island Borough Resolution No. FY2013 -19 Page 1 of 3 53 2. Replacement Aggregate for Roads $500,000 54 3. Upgrade and Deepen Water Reservoir and Dam $1,250,000 55 4. Replace Machine Shop Building /Garage $650,000 56 5. Upgrade City /Senior/Teen Center Municipal Building $750,000 57 6. Upgrade and /or Replace Light Fixtures in Boat Harbor and 58 Install Power Outlets in Stalls $100,000 59 7. Install City Wide Sewer System & Install Treatment Plant $3,500,000 60 Total $7,300,000 61 62 City of Old Harbor 63 1. Hydroelectric Power Project $6,000,000 64 2. Airport Improvements $14,000,000 65 3. Dumpster Truck /Swap Loader /Bear Proof Dumpst $85,000 66 4. City Shop , ' $120,000 67 5. Emergency Response skiff with outboard motor and trailer $75,000 68 6. Building at Landfill for Transfer of Recycling . $80,000 69 Total $20,360,000 70 71 City of0'uzinkie 72 1. Municipal Water and Hydro Dam Replacement $2,000,000 73 2. Dock/Industrial Area Construction & Develop Development $3,044,000 74 3. Water Transmission Lines , l , i ;� ,;' $1,832,000 75 4. Electrical Infrastructure Upgrade $1,000,000 76 5. Electrical Upgrade to Boat Harbor $20,000 77 6. Equipment Upgrades' 'IV; :i, $325,000 78 7. Community Roads Replacement $3,600,000 79 8. Alternative EnergytProjects t $250,000 80 9. Ouzinkie Municipal Building ,,.� io, i` $1,400,000 81 10. Heavy Equipment StorgejBuilding /Shop $250,000 82 11. Fire Hall RoofiReplacement ' $15,000 m 6 83 ill 12 Fire Fire,, Hall Furnace Replacement �'t'„ $10,000 �(i iWIV" , i'I ➢,0 i , i �„fll, 1 rU ' , 84 13 i i i ibunsrm Development,) p VII lli ,i� 1, $977,500 85 ,ii u,j ii) ;;Iiii 1, ��mill��li>;, Total $14,723,500 86 f IiN O( -� k " lI'�k ^.,�,,, 87 , ; i City of Port Lions 88 1. Public Ferry Dock Facility ,011l $3,500,000 89 2. SmalljBoat Harbor Replacement, Phase II $6,000,000 viii 90 3. Water Reservoir Repair;,) $500,000 91 4. City Maintenance Building Replacement $200,000 92 5. Heavy E ui p ment 'r, � ,:" $250,000 93 6. Native Village ofliPort Lions Building $7,000,000 94 7. New Subdivision' Development $800,000 95 8. Harbor Water Main $1,000,000 96 9. Rock Screen and Conveyor $100,000 97 10. Municipal Building Repair $75,000 98 11. Road Upgrades $1,200,000 99 Total $20,625,000 100 101 102 Community of Karluk 103 1. Install Water Tank and Distribution Lines $250,000 104 2. Planning & Design for Water Treatment Plant $200,000 Kodiak Island Borough Resolution No. FY2013 -19 Page 2 of 3 105 3. Sewer System Upgrade $150,000 106 4. Community Hall /Clinic Renovation $300,000 107 5. Landfill Relocation $400,000 108 Total $1,300,000 109 110 BE IT FURTHER RESOLVED that the Kodiak Island Borough administration is hereby 111 instructed to advise the Governor and our Legislative Representatives of the State of 112 Alaska of the Kodiak Island Borough Communities 2013 State Legislative Capital 113 Improvements Project Priority List adopted by the Kodiak Island Borough Assembly. 114 115 ADOPTED BY THE ASSEMBLY OF T HE KODIAK ISLAND BOROUGH 116 THIS DAY OF 2013 117 118 KODIAK ISLAND BOROUGH 119 120 121 122 p: Jerome M. Selby, Borough Mayor 123 124 ATTEST: 125 126 127 I 1 111 1 d : 128 Nova M. Javier, MMC, Borough Clerk : l ` ' 1 i 4,, ',1I1 �i .t, k I + 4 k ��! '� � !'„ r 'l k kf+ Nip, '-u h + 4 k k j. k 1 I ik 1 '...3 r?r kk �'i 4 r„ � 1� � !I .. ' +:, +k tit i1 , 1 it !i lib 00 ti ;u 5 51 11 1 0:111i„ Kodiak Island Borough Resolution No. FY2013 -19 Page 3 of 3 °, _ , KODIAK ISLAND BOROUGH t , .: dC 19 f \ . „ v Y AGENDA STATEMENT o rs , t. v REGULAR MEETING OF: JANUARY 3, 2013 ITEM NO.: 13.B.3 TITLE: Resolution No. FY2013 -20 Accepting the Recommendation of the Planning and Zoning Commission by Approving the Disposal of a Portion of Lot 1A, Block 6, Miller Point Alaska Subdivision and a Portion of Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, Comprising Approximately 19,500 Square Feet, as Land That is Surplus to the Public's Need and Subject to Disposal by Direct Negotiation for Fair Market Value. ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -20 APPROVAL FOR AGENDA: SUMMARY STATEMENT: This Land Disposal Request is for portions of Borough land located in Miller Point Alaska Subdivision and Miller Point Alaska Subdivision First Addition, generally located between Antone Way and North Star Elementary School. The applicant is requesting approximately 19,500 square feet of undeveloped land adjoining the applicant's property that would come from Lot 1A, Block 6, Miller Point Alaska Subdivision First Addition and Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition. The petitioner specifically requested the land for the purpose of making a subdivision to allow another house to be built on the additional lot. The Planning and Zoning Commission has found the land to be surplus to the public's need, but it has recommended the disposal with a caveat that would require the applicant to consolidate the disposal area with their adjacent land and the resulting plat would be required to contain a plat note prohibiting further subdivision. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -20. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Planning and Zoning Commission 3 Drafted by: CDD Interim Director Dvorak Introduced on: 01/03/2012 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO, FY 2013 -20 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ACCEPTING THE 10 RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION BY APPROVING 11 THE DISPOSAL OF A PORTION OF LOT 1A, BLOCK 6, MILLER POINT ALASKA 12 SUBDIVISION AND A PORTION OF LOT 2A, BLOCK 9, MILLER POINT ALASKA 13 SUBDIVISION FIRST ADDITION, COMPRISING APPROXIMATELY 19,500 SQUARE 14 FEET, AS LAND THAT IS SURPLUS TO THE PUBLIC'S NEED AND SUBJECT TO 15 DISPOSAL BY DIRECT NEGOTIATION FOR FAIR MARKET VALUE 16 17 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires the proposed 18 disposal of Borough land to be reviewed by the Planning and Zoning Commission before 19 submission to the Assembly; and 20 21 WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to 22 make a recommendation on the requested disposal by resolution before it is forwarded to 23 the Borough Assembly; and 24 25 WHEREAS, the principal purpose of the Commission review is to determine if the land 26 identified for disposal is surplus to the Borough's need; and 27 28 WHEREAS, the proposed portions of Lot 1A, Block 6 Miller Point Alaska Subdivision and 29 Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, have been requested for 30 disposal for fair market value by direct negotiation; and 31 32 WHEREAS, the Planning and Zoning Commission has found that the portions of lots 33 identified below for disposal are surplus to the public's need based on its review; and 34 35 WHEREAS, the Planning and Zoning Commission held a public hearing on November 21, 36 2012 and is recommending the disposal of the portions of lots listed below. 37 38 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 39 ISLAND BOROUGH THAT: 40 41 Section 1: The Kodiak Island Borough Planning and Zoning Commission, in accordance 42 with Title 18 of the Kodiak Island Borough Code, recommends disposal of the 43 borough's interest in approximately 19,500 square feet of land described as 44 portions of Lot 1A, Block 6, Miller Point Alaska Subdivision and Lot 2A, Block 45 9, Miller Point Alaska Subdivision First Addition, lying adjacent to Lot 2B, 46 Block 9, Miller Point Alaska Subdivision First Addition as described generally 47 in the staff report for Case 13 -014. 48 Kodiak Island Borough Resolution No. FY2013 -20 Page 1 of 2 49 Section 2: The Kodiak Island Borough Planning and Zoning Commission, in accordance 50 with Title 18 of the Kodiak Island Borough Code, has determined after a 51 public hearing on November 21, 2012, that the aforementioned properties are 52 hereby surplus to the public's need. 53 54 Section 3: The Kodiak Island Borough Planning and Zoning Commission, in accordance 55 with Title 18 of the Kodiak Island Borough Code, has determined the 56 aforementioned land shall be replatted to become part of Lot 2B and there will 57 be a plat note that the new lot shall not be subdivided. 58 59 Section 4: The Borough Manager is directed to work with the applicant to complete the 60 disposal by direct negotiation in accordance with KIBC 18.20.080 (Deposit 61 Costs), KIBC 18.20.100 (Disposal for Fair Market Value), KIBC 18.20.120.A 62 (Land Disposal Methods), KIBC 18.20.130 (Appraisal) and other relevant 63 borough codes applicable to the requested disposal of land. 64 65 66 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 67 THIS DAY OF 2012 68 69 KODIAK ISLAND BOROUGH 70 71 72 73 ATTEST: Jerome M. Selby, Borough Mayor 74 75 76 77 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2013 -20 Page 2 of 2 i odiak Island orou h r. a 3r %c Community Development Department x r T 4 ' i 710 Mill Bay Road 4 Kodiak, Alaska 99615 " -;-.- Phone (907) 486 -9363 Fax (907) 486 -9396 'Li October 27, 2012 Mr. Lawrence J. Van Daele 3401 Antone Way Kodiak, AK 99615 Re: Case 13 -014. Request a Title 18 Land Disposal Review, per KIBC 18.20.030 A, to consider the combined disposal for fair market value by direct negotiation of approximately 19,500 square feet of borough land adjoining Lot 2B, Block 9, Miller Point Subdivision, 1st Addition, according to KIBC 18.20.060 A, and, KIBC 18.20.070 A. Dear Mr. Van Daele: The Kodiak Island Borough Planning & Zoning Commission at their November 21, 2012 regular meeting determined the property is surplus to the borough's needs and granted approval by resolution with a recommendation to the Assembly subject to one condition of approval. CONDITION OF APPROVAL 1. The land shall be re- platted to become part of Lot 2B and there will be a plat note that the new lot shall not be subdivided. The following Findings of Fact were adopted in support of their decision: 1. The commission has reviewed the proposed disposal and finds the identified portions of land to be surplus to the public need. 2. The borough has continued to assemble land around North Star Elementary since its original development to allow for future school expansion but the areas identified for disposal don't appear to be needed for that purpose. 3. A portion of the disposal area will still need to be preserved for drainage use and this can be addressed by a drainage easement during a subdivision and replat review. 4. With this disposal the assembly can balance the need for school expansion with the need in the community for more residential development by fine tuning the boundaries of the school site and disposing of unneeded land to an adjoining land owner who can make something of it. The commission's resolution, recommendation, and other packet materials will be forwarded to the Assembly. Please contact the Clerk's Office at 486 -9310 for information on when this item will be scheduled to be heard by the Assembly. Sincerely, Sheila Smith, Secretary Community Development Dept. CC: Nova Javier, Borough Clerk Planning & Zoning Commission recommending the Commission deny this request for rezone and submit a recommendation of disapproval to the Assembly. COMMISSIONER SCHMITT MOVED to recommend the rezone of Lot 1, Alagnak Acres Subdivision from R2 -Two Family Residential to B- Business and forward this case to the borough assembly with a recommendation for approval and to adopt the findings in support of an approval. The public hearing was opened. Public testimony was given by: Carlie Malley stated she's the Alagnak Property Manager for the property in question. The request for having a solid commercial request is that it's currently being operated by a business and they've asked to have a building modification which we've received word that our building permits will be denied based on the split zoning. Being that this business has been operating commercially on this property and we believe there isn't any intent to move this property into a type of residential. We request it be commercial property. Kathleen Ballenger stated she owns 351 Shahafka Circle and she's opposed to the rezone based on what the staff is saying, Cove Drive is certainly not a thoroughfare that's going to be able to withstand more traffic. Her feeling at one time was all this was designated residential and piecemealed into different areas. She is adamantly opposed to this rezone. The public hearing was closed. Brief discussion ROLL CALL VOTE FAILED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to adopt the findings in the staff report dated November 3, 2012 supporting the denial of the rezone from R2 -Two Family Residential to B- Business as FINDINGS OF FACT for this case. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The principal justification presented in this case to rezone this parcel to B- Business is because that is how the property is currently being utilized. The commission finds that such a rezone will have sharp impacts to the existing residential level road serving this area and that its future use is not suitable or compatible with the residential neighborhood character of this area. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this lot for Urban Residential uses and the lot size makes it practical to develop in a manner consistent with its existing zoning. In this regard, this request is inconsistent with the objectives of the comprehensive plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) CASE 13 -014. Request a Title 18 Land Disposal Review, per KIBC 18.20.030 A, to consider the combined disposal for fair market value by direct negotiation of approximately 19,500 square feet of borough land adjoining Lot 2B, Block 9, Miller Point Subdivision, 1st Addition, according to KIBC 18.20.060 A, and, KIBC 18.20.070 A. The applicant is Lawrence J. Van Daele. The location is 3391 Antone Way and 961 Mallard Way (Northstar Elementary School). The zoning is RR -1 - Rural Residential Zoning District, and PL- Public Use Zoning District. Lydick stated this request for a Borough land disposal has been initiated by the adjoining property owner. The applicant's stated purpose for the disposal is to provide buffering for his existing residential investment. The applicant's current land area totals 25,264.8 square feet. Combined 11/21/2012 Page 2 of 9 P &Z Minutes with the aggregate land area of the requested disposal, the total land area would be 44,764.8 square feet. Located in a RR -1 Rural Residential Zoning District, with municipal water and sewer available, the total combined land area would technically allow for the subdivision of one additional residential lot. Although the current land owner confesses no such intent, successor owners would not be bound to maintain a consolidated lot without express title restrictions. Sixty one (61) public hearing notices were mailed on October 17, 2012. One (1) comment has been returned non - objection to the request. Staff is recommending the Commission forward a favorable recommendation for the disposal to the Assembly. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013- OS recommending disposal of a portion of Lot 1A, Block 6, Miller Point Alaska Subdivision and a portion of Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, generally located between Antone Way and North Star Elementary School, by direct negotiation with the applicant for fair market value. The public hearing was opened and public testimony was given by: Bob Scholze stated this is a disposal request and it immediately precedes the staff report that Dvorak wrote. There is an odd shaped property that is being requested for disposal. The 2 main things they looked at in developing a staff recommendation, the first is this property surplus to the borough needs and in this case with the topography we decided it's more connected with the applicant's property probably than it is with the school property. The second point addressed was maintaining the integrity of the school site and that can be done while making this disposal as requested. In response to COMMISSIONER VINBERG inquiry that the disposal of the property is actually a part of the actual major school property that wraps around Mr. Van Daele's property and then a portion of the lot, Scholze stated it borders two sides of his property. In response to COMMISSIONER KERSCH'S inquiry that the proposal is to cut an existing lot in half on Lilly Drive, Scholze stated about 8 pages back he took the same photo and it may show up better with the red boundary if you page back what is currently borough land and that the adjoining property owner is requesting, and it's Antone Way. KERSCH said back to this GIS map, basically the road that goes to Northstar Elementary School goes right through the middle of one lot, correct, Scholze responded yes, it's an access drive. KERSCH said if we were to move it over through this other Kodiak Island Borough lot we would actually have an entire building lot right there, correct, so the fair market value for an entire building lot would be greater than what we get for a half of a lot at fair market value and we'll end up with no value, Scholze said yes, you're correct, there would be some value but it wouldn't be. KERSCH said potentially the borough isn't making a good financial decision with this because that's actually a buildable lot, we're going to cut in half and make it unbuildable and your argument was that we need more buildable lots. KERSCH doesn't see that as a valid argument. Scholze said there was no intent on moving that road, it's essential for access to the school. KERSCH said he's just trying to come up with another way to have a buildable lot, if we cut this in half we have just taken a buildable lot off the rolls. Scholze said you are right but I don't think it will ever be used that way. Scholze stated there could end up being 2 lots here anyway since the adjoiner can then further subdivide. Larry Van Daele stated he's the applicant and lives on Lot 2B adjacent to Northstar School and what our intent is to provide a buffer, not a bear sanctuary, a buffer from 6th grade boys and stray dogs coming onto the property. The lots outlined on here are very steep, nothing the borough could ever use for any real activities and by purchasing it at fair market value we would be giving money to the borough for something that they normally wouldn't be able to use. It was his understanding that that lot and the adjacent lot is primarily there for school use and not for subdivision in the future. It's a place for a parking lot should the school expand. He said the superintendent looked at this proposal and had no opposition to it. We feel that taking this buffer onto our property and buying 11/21/2012 Page 3 of 9 P &Z Minutes from the borough and putting it on the tax rolls we will be helping the borough with surplus property. COMMISSIONER VAHL inquired about what he means about seeking a drainage easement with the borough, Van Daele said he's not sure if there's a utility easement on the back side and we would not be seeking to vacate the easement. COMMISSIONER SCHMITT asked Van Daele to talk about the topography of Lot 1, Van Daele said Lot 1 was filled in in the 90's and right now it's being used for people who want to tear up their 4 wheelers and trucks. There used to be a creek that went toward Island Lake but it has been filled in for about 20 years now. The public hearing was closed. Brief discussion COMMISSIONER SCHMITT MOVED to amend the motion to add one condition of approval that the land shall be re- platted to become part of Lot 2B and there will be a plat note that the new lot shall not be subdivided. CONDITION OF APPROVAL 1. The land shall be re- platted to become part of Lot 2B and there will be a plat note that the new lot shall not be subdivided. ROLL CALL MOTION TO AMEND CARRIED 4 -1. The ayes were Alan Torres, Alan Schmitt, Rick Vahl, and Sonny Vinberg. The no was Bill Kersch. ROLL CALL ON AMENDED MOTION CARRIED 4-1. The ayes were Alan Torres, Alan Schmitt, Rick Vahl, Sonny Vinberg. The no was Bill Kersch. CHAIR TORRES brought it to staff's attention that the date needs to be changed on the resolution. Staff said that can be changed before the chair signs it. FINDINGS OF FACT 1. The commission has reviewed the proposed disposal and finds the identified portions of land to be surplus to the public need. 2. The borough has continued to assemble land around North Star Elementary since its original development to allow for future school expansion but the areas identified for disposal don't appear to be needed for that purpose. 3. A portion of the disposal area will still need to be preserved for drainage use and this can be addressed by a drainage easement during a subdivision and replat review. 4. With this disposal the assembly can balance the need for school expansion with the need in the community for more residential development by fine tuning the boundaries of the school site and disposing of unneeded land to an adjoining land owner who can make something of it. COMMISSIONER SCHMITT MOVED to adopt the findings in the staff report dated November 8, 2012 supporting this motion as Findings of Fact for this case. ROLL CALL VOTE CARRIED 4 -1. The ayes were Alan Torres, Alan Schmitt, Rick Vahl, and Sonny Vinberg. The no was Bill Kersch. C) CASE 13 -015. Request a Conditional Use Permit, per KIBC 17.165.030, to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC 17.165.040 A thru M. The applicant is William Wren. The location is 22569 Chiniak Highway and the zoning is I- Industrial. Lydick stated this request for a conditional use permit in order to establish an RV Park on the subject property is a requirement of KIBC 17.165.030 which reads; "Because of their potential 11/21/2012 Page 4 of 9 P &Z Minutes KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2013 -05 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF A PORTION OF LOT 1A, BLOCK 6, MILLER POINT ALASKA SUBDIVISION AND A PORTION OF LOT 2A, BLOCK 9, MILLER POINT ALASKA SUBDIVISION FIRST ADDITION, COMPRISING APPROXIMATELY 19,500 SQUARE FEET, AS LAND SURPLUS TO THE PUBLIC'S NEED AND SUBJECT TO DISPOSAL BY DIRECT NEGOTIATION FOR FAIR MARKET VALUE. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal(s) by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to consider if the land requested for disposal is surplus to the Borough's need; and, WHEREAS, the proposed portions of Lot 1A, Block 6, Miller Point Alaska Subdivision and Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, have been requested for disposal for fair market value by direct negotiation; and, WHEREAS, the Planning & Zoning Commission has found that the parcels identified below for disposal to be surplus to the public's need based on its review; and, WHEREAS, the Planning & Zoning Commission held a public hearing on November 21, 2012 and is recommending the disposal of the following parcels: NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the boroughs interest in approximately 19,500 square feet of land described as portions of Lot 1A, Block 6, Miller Point Alaska Subdivision and Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, lying adjacent to Lot 2B, Block 9, Miller Point Alaska Subdivision First Addition as described generally in the staff report for Case 13 -014. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined after a public hearing on November 21, 2012, that the aforementioned properties are hereby surplus to the public's need. Section 3: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code has determined the aforementioned land shall be re- platted to become part of Lot 2B and there will be a plat note that the new lot shall not be subdivided. Section 4: The borough manager is directed to work with the applicant to complete the disposal by direct negotiation in accordance with KIBC 18.20.080 (Deposit Costs), KIBC 18.20.100 (Disposal for Fair Market Value), KIBC 18.20.120.A (Land Disposal Methods), KIBC 18.20.130 (Appraisal) and other relevant borough codes applicable to the requested disposal of land. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 21 DAY OF NOVEMBER 2012. PLANNING & ZONING COMMISSION )1C/M Flu '4g !c,^ Alan Tor es, Chair ATTEST CC on `)J+ n S Sheila Smith, Secretary Huolic Hearing Item I -U P &Z - November 21, 2012 • Request: AVOW? j liad Disposal Review, pwIlIng 18.20.030 tgIGC1 Location QEDeonsider &q -combineddisposalfk market value direc.t P a, igEtgg € 13-014 negotiation @Q approximately 19,500 square f 4ciborough OfeAl rr Daele adjoining k2 Block Miller Point Subdivision, Addition, according Co QM 18.20.060 18.20.070n. • r :, r , s, � t� " �3 ' p . � j � �? �� f , r >; a r Gto- M 4 � � ;E t; A pip Pr JT is ' 4 t � 4 � ` 3 r � , tit > � l ix CI ) / :49.11:-;!4'21-c N . i .o r.r sit, rw ` -4; 4` A • ? '4 "'°t'r 4# �� 6e�nn,�." 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T h . - „' , .s7 4 s lit 4,:, .F' t �' I s e ll*, , . c' .. r x ,.. �, � � �' Legend F < 4 .....6 L . .f '.#d ., f , < � 3 F � � T �lp x M .4 ` 4 , i s . a w p fi �y� r r t � F G'� r t g t � g r t I Disposal Parcels ` '^ ~ 7 > � "! , n ° nii A c +} te.: e f� -4 14504 h' t.:" l,. .ar.. ' ir . q eil •� i 4r ' ` . Y :n • .: rte' ` •♦TN�66} i'TibBi` .�` °' '.r«. I �, °� Kodiak Island Borough GIS System • '' 0 =0 180 360 540 720 _ I This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 1 of 3 F'uDlic hearing Item f -t; P &Z - November 21, 2012 i Request: A Title 18 Land Disposal Review, per KIBC 18.20.030 A, Current Location to consider the combined disposal for fair market value by direct P & Z Case # 13 -014 negotiation of approximately 19,500 square feet of borough land Lawrence J. Van Daele adjoining Lot 2B, Block 9, Miller Point Subdivision, 1st Addition, according to KIBC 18.20.060 A, and, KIBC 18.20.070 A g ° A 111111111r, ( \ dika Iii, =OW • \ (._) A lOr i411%, DIV S ''-- 4 tfot, SI* 4, ill 1111111110& ito: 1 I I, A 0 4 I . 1,1 e. hr ‘ Li mikve44, 7A .,._ , ,,,,z,,,,,,,, N o I rm o 11,0 r<ail r - -, , , %It 11 I W iki i l ydif i ff AdL ( \ WI_ 11111W>1 1 P 4 4 4 ,114 1 li q It? \ - 04 0 4 P IP * .ftilli 94 4 I III 1 i Aima Will\ APP fillISIW . . et v...- . l 1 pki 1 6 , 1f/ ""11/ m dot vottioritsis isw Mai pi P qv , At*: P go givi IVA.- ■Ipi 0A111.1. ,,....--744,..., lairwer zwo#40 1 , im ■ft„k14/4r80,,, actiiiitil illanZli alap - ' 111 1111111 1 ‘ 1 - ;4 Z z a®��11 - /�: __, Ill ,..,, Ipp WIPP Legend - fr �� ED Di sposal Parcels ligt„, O Kodiak Island Borough GIS System z. - - A-. 0 445 890 1,780 2, 670 3.560 Feet . p This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333 Introduction - Page 2 of 3 Public hearing Item ( -l: P &Z - November 21, 2012 Po =." Kodiak Island Borough Zoning Map _ Community Development Depa rtment p, l Zoning Request: Q 3gell. a Disposal Review, pay GEC 18.20.030 P a2 (te i 0 13 -o14 consider Gombined disposal market vaue l jdir negotiation CO approximately 19,500sq• are Q :a d borough (E. krarG15a2 D Wall Daele adjoining ( en Block gl Miller Point Subdivision, agil Addition, according 50C 18.20.060 n an giow 18.20.070A At P ir g'' �P 2 , t " '�v f GS „„ r w S "" G z 'Su u' P S 9 2 si , "" ^ 34 q 4 �6aa m "O 4 j � % * j A b I V 1.1ti 1 IF P ® y3 1 5 ® i S S �' S . p 6� � e 1 Ila \ _ h' 0P 1 1P ili t Legend zm Blk 6 Lot 1A- PL Zoning B ® O Blk 9 Lot 2A- RR1 Zoning el g ,, \ USS /,e / `Y �J „, I ' f ,, :11 Pi b ` F — Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential Nil Light Industrial raj Watershed I I Rural Residential 2 I. I Business I Rural Neighborhood Commercial I Conservation I Single Family Residential I Retail Business >; Urban Neighborhood Commercial I Rural Residential Two Family Residential I Industrial Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by "matting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 3 of 3 PUNIC hearing item / -C; P &Z - November 21, 2012 Kodiak Island Borough Community Development Department I Submit by Email �� fi :;'- 2 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 I Print Form 6 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 "" 0 htto: / /www.kodiakak.us 1 ECERVE 7 Administrative Request Applicant Information: - SEP 2 8 2012 .__l Property Owner / Applicant Lawrence J. Van Daele Mailing Address: 3401 Antone Way, Kodiak, AK 99615 COMMUNITY DEVELOPMENT DEPARTMENT Phone Number. 907 -486 -8822 Other Contact email, etc.: kodiaklarry@gmail.com Agent & /or Surveyor: Mailing Address: Phone Number. Other Contact email, etc.: Nature / Purpose of Request: Title 18 Land Disposal Review KIBC 18.20.060 A Property Information: Legal Description: Subdv: Miller PT Block 9&6 Lot 2A,1A Current Zoning: RID KIBC 17.70 Applicable Comprehensive Pan: Present Use of Property: Vacant and public use I am providing additional information in the form of: Additional Narrative / History : YES As -built Survey: NO Maps: YES Photographs: YES Other: NO Date: Sep 28, 2012 Signature: r , • as -- . Payment Verification Fee Payable in C. le ' 0' - • oom # 104 - Main floor of Borough Building Reconsideration of P&Z Commission Decision KIBC 17.215 Ii p y ► �� $150.00 Appeal to P &Z Commission KIBC 17.220 p l Q R,/ �� r r $350.00 P&Z Commission Site Plan Review KIBC 17.130.020 SEP 2 g 201 r $150.00 P&Z Commission Screening Approval KIBC 17.105.060 (ng18Kisldfludurougl F $150.00 Title 18 Land Disposal Review KIBC 18.20.060 A �, g $350.00 CIn9nf PnOril +man a Postponement atPetftionersrequest - PublicHearingItem r $100.00 Postponement at Petitioner's request - Non-Public Hearing Item 7 p $ 25.00 Other / F $150.00 Date: �72 S/ CDD Staff ,' I / 1;3-014 Application - Page 1 of 5 Nubllc hearing item I -U P &Z - November 21, 2012 September 29, 2012 KIB Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak, AK 99615 To the Community Development Department, I am writing to express my desire to purchase portions of two lots owned by the Kodiak Island Borough that adjoin my land, located at 3401 /intone Way (Miller Point BK 9, LT 2B; Property ID 21865; Figure 1). My goal is to purchase approximately 12,000 square feet of Miller Point BK 9, LT 2A: ID 21864, and 7,500 square feet of Miller Point BK 6, LT I A; ID 21716. Kodiak's Superintendent has been consulted regarding North Star Elementary's possible use of these lots, but he stated that these are not included in any plans for parking or school extensions. Furthermore, Miller Point BK 9 LT 2A is bisected by an unnamed road, Miller Point BK 6 LT IA is dominated by culvert drainage area, and the challenging topography of both lots makes them unsuitable for any further development by the Borough. On Miller Point BK 6, LT 1A, there is a utility access that I do not intend to vacate if I am allowed to purchase this land. Additionally, I would be interested in seeking a "drainage easement" with the Borough so that they can have access to this area, if necessary, to ensure proper drainage is maintained. The attached figure demonstrates that purchasing these lots would create an excellent natural buffer for my land, increasing its overall property value, and therefore increase its tax value for the Borough. Additionally, my purchase plans would continue to protect the public interest for access through Miller Point BK 9, LT 2B by not encroaching on the unnamed road. Thank you very much for your consideration, and I feel that allowing me to purchase these properties will significantly increase the value of this RR1 -zoned land for both my family and the Borough. I look forward to the opportunity to discussing this proposal with you at your convenience. Sincerely, / - Van Daele kodiaklarry@gmail.com 907 - 486 -8822 (home) 907 - 654 -8822 (cell) 907 - 486 -1876 (work) Application - Page 2 of 5 Figure 1. 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Allfr. 0 aG • 4 0 . e '4 g P aRt ` /, }r�•� •�•�♦�•�•�•�♦�•�♦�•�• 1A , WAY .fp a . ••• • .:• . .• . IS . • "tip �' •.•• •� •0 00� 00•. MP • 111( ; Asa „ o - , If ?A Naiii ® I G , it i® arralli ® I � f- ® BNE ` ® is i� La fr . �� . Q� � A� � no Kodiak Island Borough GIS G 9 R 1e Legend I llij Feet Azt..asi 0 275 550 1,100 . �� ( I I i . � a 4 Subject Parcels I This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Public Comment - Page 1 of 8 Public Hearing item f -c; P &Z - November 21, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 October 17, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 21, 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: C) CASE: 13 -014 APPLICANT: Lawrence J. Van Daele REQUEST: A Title 18 Land Disposal Review, per KIBC 18.20.030 A, to consider the combined disposal for fair market value by direct negotiation of approximately 19,500 square feet of borough land adjoining Lot 28, Block 9, Miller Point Subdivision, 1s Addition, according to KIBC 18.20.060 A, and, KIBC 18.20.070 A. LOCATION: 3391 Antone Way, and, 961 Mallard Way (Northstar Elementary School) ZONING: RR - Rural Residential Zoning District, and, PL- Public Use Zoning District 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. November 6. 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free number is 1- 855- 492 -9202. One week prior to the regular meeting, on Wednesday, November 14, 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: Public Comment - Page 2 of B HUOIIC Hearing item / -U P &Z - November 21, 2012 BRADLY EARL BEZONA DAVID WAGES ERIC OSWALT PO BOX 2657 3829 OTMELOI WAY PO BOX 722 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ANTHONY CHACO DAVID WAGES TRAVIS NELSON PO BOX 2956 3829 OTMELOI WAY PO BOX 8875 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PAUL HANSEN DAVID JENTRY LYNNAE LAWRENCE P.O. BOX 663 PO BOX 3128 126 INDIAN HEALTH WAY KODIAK, AK 99615 KODIAK, AK 99615 HARLEM, MT 59526 TRAVIS DIEMER KODIAK ISLAND BOROUGH CORT NEFF PO BOX 8993 710 MILL BAY RD PO BOX 8592 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ARNOLD HANSEN JEFFREY T STEWART DANIEL DAVIS PO BOX 2876 PO BOX 868 PO BOX 420 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DANIEL KAVANAUGH JAMES PETERSON PHILIP BECKER ETAL 3260 PENINSULA DR P.O. BOX 2290 P 0 BOX 2163 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DAYNA FERGUSON LEE BONDURANT BERT ASHLEY PO BOX 8612 PO BOX 8502 PO BOX 425 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 BERT ASHLEY KODIAK ISLAND BOROUGH GRANT SHIELDS PO BOX 425 710 MILL BAY RD PO BOX 651 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 WELBY JENSEN BRYAN BOWER DANIEL LEITHEAD P 0 BOX 808 PO BOX 173 3439 ANTONE WAY KODIAK, AK 99615 EL GRANADA, CA 94018 KODIAK, AK 99615 LAWRENCE VAN DAELE VALENE WILDE ISLAND SAND & GRAVEL 3401 ANTONE WAY 3431 ANTONE WAY PO BOX 1193 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Public Comment - Page 3 of 8 HuDhIc Hearing item f -t; P &Z - November 21, 2012 KODIAK ISLAND BOROUGH WILLIAM ROSS KODIAK ISLAND BOROUGH 710 MILL BAY ROAD P.O. BOX 1661 710 MILL BAY RD KODIAK, AK 99615 -1504 KODIAK, AK 99615 KODIAK, AK 99615 BRIAN HIMELBLOOM KATHLEEN JORRITSMA PO BOX 1373 PO BOX 1866 3430 ANTONE WAY EL GRANADA, CA 94018 KODIAK, AK 99615 KODIAK, AK 99615 KURT PEDERSEN KODIAK ISLAND BOROUGH CATHERINE HAASE PO BOX 2405 710 MILL BAY RD 568 E. BORDER RD KODIAK, AK 99615 KODIAK, AK 99615 BISBEE, AZ 85603 LISA ROBBINS ANN E MALUTIN PHILIP ROBBINS P 0 BOX 2173 P.O. BOX 633 PO BOX 2173 KIRKLAND, WA 98083 KODIAK, AK 99615 KIRKLAND, WA 98083 JAMES WALKER CARL SHOLL NICHOLAS SZABO 8744 PAINE RD 3761 SUNSET DR P.O. BOX 1633 ANCHORAGE, AK 99516 KODIAK, AK 99615 KODIAK, AK 99615 JOSE BRAVO MICHAEL WILLIAMS TODD HINER 101 SORCERER CT P.O. BOX 3257 P.O. BOX 671 ANCHORAGE, AK 99518 KODIAK, AK 99615 KODIAK, AK 99615 JOSEPH ROBINSON DAVID URE ROBERT CURRIE PO BOX 1861 P.O. BOX 2361 546 LILLY DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 FIELDS RENTALS FIELDS RENTALS FIELDS RENTALS PO BOX 25 PO BOX 25 PO BOX 25 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ALLEN HOFLER ENERGY PLUS HOMES, INC ENERGY PLUS HOMES, INC P 0 BOX 2315 PO BOX 1066 PO BOX 1066 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ENERGY PLUS HOMES, INC DOROTHEA BLAIR ETAL GARY NICHOLJR WILSON PO BOX 1066 PO BOX 8822 874 MALLARD WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Public Comment - Page 4 of 8 Public hearing item f -c P &Z - November 21, 2012 STEPHAN PAULSON 962 MALLARD WAY KODIAK, AK 99615 Public Comment - Page 5 of 8 NUNIC hearing item f -c P &Z - November 21, 2012 '. /, ti u 7 Kodiak Island °rough c* t:: OFFICE of the MANAGER " -; � � �� 710 Mill Bay Road Gi k. Kodiak, Alaska 99615 1 od S 't . ` Phone (907) 486 -9304 Fax (907) 486 -9374 E -mail: rscholzec kodiakak.us b To: Planning and Zoning Commission From: Bob Scholze, Resource Management Offic t Date: November 6, 2012 Re: Case 13 -014: Land Disposal Review: Lot 1A, Bk. 6, Miller Point Subd. and Lot 2A, Bk. 9, Miller Point Subd. 1 Add. (North Star School) This is a request for disposal of Kodiak Island Borough property made by an adjacent property owner. Disposal authority is granted by Borough code section 18.20.020 stating "...the Borough may dispose of Borough land in any manner not prohibited by law." Section 18.20.060 allows citizens to apply for disposal of Borough land, and section 18.20.120 allows the Borough Assembly to authorize the Manager to negotiate directly with parties interested in acquiring Borough land. KIBC Code Section 18.20.030.A requires that disposal of Borough land be reviewed by the Planning and Zoning Commission before submittal to the Assembly with the Commission making a recommendation to the Assembly regarding the proposed disposal. Any disposal of Borough land should be supported by a finding that it is surplus to a public need and there is no value in retaining it in public ownership, with the burden of proof on the applicant to establish that. In this case, the owner of Lot 2B, Bk. 9, Miller Point Subd. 1 Addition on Antone Way is requesting disposal of portions of adjacent Borough property which are technically part of the North Star Elementary School campus, but, for reasons of topography and drainage, are more connected to the applicant's property and of little utility for school related uses. Borough owned Lot 2A, immediately west of the applicant's property, is roughly bisected by a small ravine, which separates the alternative access road to the school located on its westerly side from the steep topography on its east side. This easterly portion adjacent to the applicant's property would be prohibitively expensive to develop for school purpose. The same can be said of the portion of Lot 1A, the 11.6 acre school tract, immediately to the north (rear) of the applicant's property. This lies well below the guard rail bordering the access drive into the school parking lot and appears to seasonally channel culvert outflow easterly in an existing swale. Case 13 -014 (Resource Management O1ft15 Comment - Page 6 of 8 Page I of 2 Fuouc Hearing item f -U P &Z - November 21, 2012 By the applicant's calculation contained in his narrative, these two portions of Borough land requested for disposal would total to approximately 19,500 square feet (.4 acre). While there is precedence for disposal of adjacent Borough property to neighboring private property owners, adjacency, of itself, does not establish preferential right. Disposal directly to adjacent property owners usually comes about when reasonable development on the private property is seriously constrained by topography or other land features, as is the case in this circumstance. The property requested for disposal does not of itself meet minimum zoning standards related to area and width to be able to stand alone as an independent lot even if topography were not an issue. With the exception of disposal to nonprofit corporations or other government entities, according to KIBC 18.20.100 disposal of any borough land must be for fair market value. KIBC 18.20.080 makes the applicant responsible for all costs associated with processing the application, including but not limited to costs of survey, appraisal and advertising, as well as the cost of rezoning to RR1 Rural Residential borough property acquired that is currently zoned PL Public Use Land. Should it be approved, this disposal of surplus land can be conditional on retention of an easement for existing drainage within the swales. The applicant has indicated that he would have no objection to leaving in place the twenty (20) foot wide utility along his existing rear property line, even though it is unlikely utilities would be located there. With this in mind, the property identified can reasonably be considered to be surplus to a public need for school purposes and made available for disposal to the adjacent property owner. Case 13 -014 (Resource Management ORM iC Comment - Page 7 of 8 Pagetof2 Figure 1. Map showing proposed property extension of Miller Point BK 9 LT 2B by purchasing sections of adjoining lots (Miller Pt. BK 9 LT 2A, and Miller Pt. BK 6 LT 1A). ' a, i t—•. 61 v I 43 040.41 , 5a+ere Feet _ _ 1 il V risDn'''''........ffri 7 i p o f f �, ' . ;ECKE E PHILIP , __ , n' \t ' ' "'g' f ' .+ a., KODIAK'ISLAND BOROUGH .` i' a e n -- ..-4.-' •, • .- s 1 its n 3,-,2 - h'r v iii r .-A , T r # v ,s, . j � . '' y .�. , .) { t X + t ,;2:- :Y s 1 y t �6`' $ G "X'^�4?�� ° � ' y 1{ r ' 2 I LEITHEAD.DANIEI L r • V ,J I 4 ; v It � ` . �. I • 1 - •T .': o WILDE VALENE i V. i'i \ VAR DAELEFL �� . + •'"' ' tit ma I bq� O&AKlISLA BOROD H �„ , '"� . 71 7 ; , t 3 „ y} ,t� - it • 111 ' I .. t ' • �', C ., t 4 L' y � < u'4w - it , 't 'a r d � f v f r N 6 KODIAK.ISL ` , 1 • r O m } '41 • ", ` . r K �� ,, � ,.✓� .""'4'F ,.,. I (D N �* 4 4+Y , y ' i � ` o �' ' pT •! . ` �'�'- +�$ e �ti., d . r � n r `' * G � t F' t p p cr (C y s ; } u l. 7, , a r S \ 1: i Y r -ro, ''ry ✓ -' y y'4. „, ♦ c 2 O k ` y. �., *2'• r �. / V ems,. sr F ks'. "b tea" , 1>' t r 'A n % ;T qt 'i,. t s a T, 5� `�5' 3 '� w +A o *<' • - n F '' + L y j PEDFRSEN KURT UZA y _ 4.1 u ,s ` } r, s r �' '" • -•,' - "iii •�, - C . .. � i • - f N 'rT ,� v +. .�2 .. Y ' __ - ._ - J" ..>> ..�_ ..:_ ✓wed } r`'�` � j•c.n' .. a o. •.1 4. i« \'r � .41R"I ',i - N Hunllc Heanng item f -u P &Z - November 21, 2012 MEMORANDUM DATE: November 8, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the November 21, 2012 Regular Meeting CASE: 13 -014 APPLICANT: Larry Van Daele REQUEST: A Title 18 Land Disposal review, per KIBC 18.20.030.A, to consider the combined disposal for fair market value by direct negotiation of approximately 19,500 square feet of borough land adjoining Lot 2B, Block 9, Miller Point Alaska Subdivision 1 Addition, according to KIBC 18.20.060.A and KIBC 18.20.070.A. LOCATION: Generally located between Antone Way and North Star Elementary School and adjoining 3401 Antone Way. ZONING: RR1 -Rural Residential One and PL- Public Use Land SUMMARY This request is for a disposal of land for fair market value. The land identified for disposal would be taken from two borough owned parcels described as Lot 1A, Block 6, Miller Point Alaska Subdivision and Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition. The petitioner has a potential building site on their existing parcel, but the RR1 -Rural Residential One zoning will only permit one dwelling unit per 20,000 square feet. With the additional square footage from the adjoining borough parcels, they might be able to subdivide another residential lot adjoining their existing home. The proposed disposal area is vacant land, however a considerable portion of the land is a low lying swale that currently receives run -off from surrounding access drives and adjoining properties. When adjoining property owners have requested disposal of entire lots, whether from adjoining lots as in this case, or from raw land or tax foreclosed properties, the assembly has on occasion granted the requesting adjoiner the option to match a high bid in a competitive land sale process. KIBC 18.20.060.B indicates that a petitioner does not get any preference or vested right to the acquisition or use of borough land requested simply by making a request such as this. As long as the goal of a fair market value disposal is achieved the assembly can decide what method of conditions of Staff Report - Page 1 of 5 Public hearing item f -C; P &Z - November 21, 2012 disposal best serves the community interest in these cases. In this case however, the situation of the land does not provide adequate opportunity to create a viable development parcel without some privately owned adjoining lands so that it appears the only way to create a new development lot under these circumstances would be to dispose of some land to the adjoining land owner. In past experience the commission has consistently recommended in favor of disposals to individuals only when their adjoining parcels were constrained, or of diminished development potential, without the inclusion of additional land. Typically these disposals have been for parcels measuring less than a full developable lot in size. In most cases the minimum amount of land necessary to cure the constraint or disadvantage was approved. This case might be an exception to that trend in that it identifies some undeveloped land that may be surplus to the public's needs but which does not have adequate lot area in a configuration that would allow for the borough to create a standalone parcel for a land sale disposal. The principal focus of staff while envisioning the potential ramifications of the requested disposal has been to ensure the integrity of the North Star Elementary School site and its related access drives and drainage ways. Although the plan submitted by the applicant is conceptual in nature, staff believes that a subsequent survey of the site would be sufficient to bear out the viability of this proposal. At the present time staff has walked the property in question and would be in a position to make recommendations on a subdivision plat to address any items of concern that may arise. Although the property comprising North Star Elementary School is designated in the adopted comprehensive plan for school purposes, staff would note that the borough has continued to assemble residential land surrounding the school site for future school expansion. While these parcels have been acquired in some fairly large chunks, opportunities to fine tune the borough's land ownership balance between school site land and surrounding residential land should not be overlooked. Staff notes that the portion of land located on Lot 1A, Block 6, is currently zoned PL- Public Use Land and would need to be rezoned to the prevailing RR1 -Rural Residential zoning district in order to be compatible with the petitioners property. When a disposal by direct negation is approved by the assembly, the total cost of the disposal has to be paid by the applicant, which could include fees for the rezone application, surveying, appraisal and staff time required to coordinate the process. Borough Code Section 18.20.030 specifies that disposal of Borough land is subject to review by the Commission before submission to the Assembly. The Commission by resolution shall make a recommendation to the Assembly regarding proposed land disposal. The KIB Resource Management Officer, Bob Scholze, has also provided a brief analysis of the requested disposal. Staff Report - Page 2 of 5 NubIic hearing item / -C; P &Z - November 21, 2012 RECOMMENDATION Staff recommends that the Commission make a positive recommendation to the assembly for a disposal by direct negotiation for fair market value in Case 13 -014. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning and Zoning Commission Resolution No. 2013 -05 recommending disposal of a portion of Lot 1A, Block 6, Miller Point Alaska Subdivision and a portion of Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, generally located between Antone Way and North Star Elementary School, by direct negotiation with the applicant for fair market value. Staff recommends that this motion be adopted. FINDINGS 1. The commission has reviewed the proposed disposal and finds the identified portions of land to be surplus to the public need. 2. The borough has continued to assemble land around North Star Elementary since its original development to allow for future school expansion but the areas identified for disposal don't appear to be needed for that purpose. 3. A portion of the disposal area will still need to be preserved for drainage use and this can be addressed by a drainage easement during a subdivision and replat review. 4. With this disposal the assembly can balance the need for school expansion with the need in the community for more residential development by fine tuning the boundaries of the school site and disposing of unneeded land to an adjoining land owner who can make something of it. Staff Report - Page 3 of 5 Public Hearing Item f -t; P &Z - November 21, 2012 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2013 -05 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF A PORTION OF LOT 1A, BLOCK 6, MILLER POINT ALASKA SUBDIVISION AND A PORTION OF LOT 2A, BLOCK 9, MILLER POINT ALASKA SUBDIVISION FIRST ADDITION, COMPRISING APPROXIMATELY 19,500 SQUARE FEET, AS LAND SURPLUS TO THE PUBLIC'S NEED AND SUBJECT TO DISPOSAL BY DIRECT NEGOTIATION FOR FAIR MARKET VALUE. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal(s) by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to consider if the land requested for disposal is surplus to the Borough's need; and, WHEREAS, the proposed portions of Lot 1A, Block 6, Miller Point Alaska Subdivision and Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, have been requested for disposal for fair market value by direct negotiation; and, WHEREAS, the Planning & Zoning Commission has found that the parcels identified below for disposal to be surplus to the public's need based on its review; and, WHEREAS, the Planning & Zoning Commission held a public hearing on November 21, 2012 and is recommending the disposal of the following parcels: NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the boroughs interest in approximately 19,500 square feet of land described as portions of Lot 1A, Block 6, Miller Point Alaska Subdivision and Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, lying adjacent to Lot 2B, Block 9, Miller Point Alaska Subdivision First Addition as described generally in the staff report for Case 13 -014. Staff Report - Page 4 of 5 Huglic Hearing item i-u P &Z - November 21, 2012 Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined after a public hearing on November 21, 2012, that the aforementioned properties are hereby surplus to the public's need. Section 3: The borough manager is directed to work with the applicant to complete the disposal by direct negotiation in accordance with KIBC 18.20.080 (Deposit Costs), KIBC 18.20.100 (Disposal for Fair Market Value), KIBC 18.20.120.A (Land Disposal Methods), KIBC 18.20.130 (Appraisal) and other relevant borough codes applicable to the requested disposal of land. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 21x DAY OF AUGUST, 2012. PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST Sheila Smith, Secretary Staff Report - Page 5 of 5 KODIAK ISLAND BOROUGH AGENDA STATEMENT a.. REGULAR MEETING OF: JANUARY 3, 2013 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2013 -11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures to Make Information About Borough Contracts More Readily Available to the Public and Other Related Maters. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance APPROVAL FOR AGENDA: SUMMARY STATEMENT: This Ordinance was requested by Assembly member Tuck Bonney and Assembly member Carol Austerman. The purpose of this ordinance is to amend the code to have the Borough Manager report to the Assembly regarding certain contracts entered into under the Manager's administrative authority, such as unique and professionals contracts, change orders, etc. The Assembly's intent in reporting is not to delay or affect the validity of the contract. This ordinance also allows for notices to potential bidders and proposers to be made available by electronic means, as well as by newspaper publication. The privileges and immunities clause of the United States Constitution significantly limits the right of the Borough to grant a contracting preference to local residents or companies and this clarify that provision. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -11 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 1 2 Introduced by: Administrative Official 3 12/26/2012 Requested by: Assembly member Bonney 4 DRAFT Drafted by: Assembly member Bonney, 5 Assembly member Austerman, 6 and Borough Attorney Introduced: 01/03/2013 7 Public Hearing: 8 Adopted: 9 10 KODIAK ISLAND BOROUGH 11 ORDINANCE NO. FY2013 -1 12 13 AN ORDINANCE OF THE ASSEMBLY OF THEKODIAK ISLAND BOROUGH 14 AMENDING TITLE 3 REVENUE AND F /NANCE:CI AFTER 3.30 CONTRACT, 15 PURCHASE, SALE, AND TRANSFER PROCEDURES TO, MAKE INFORMATION 16 ABOUT BOROUGH CONTRACTS MORE1f2EADILY AVAkABLE TO THE PUBLIC 17 AND OTHER RELATED MATTERS 18 ;, 19 WHEREAS, the Kodiak Island Borough as established procedur for entering into 20 contracts for goods and services in a manner Intended t belcost- effective the Borough 21 and fair to all potential contracts and N✓ 22 ',tip, ' 23 WHEREAS, the procedures set h in Chapter 3 of the Kodiak Island Borough 24 Code should be amended to have the ; BorougI Manager report to the Assembly regarding 25 certain contracts entered into under theManagersadminlstra1ive authority, although it is 26 the Assembly's intent t "at any delay in reNiorting4iill not*affecttth validity of the contract; 27 and 29 WHEREAS, notices to potential bidders and \ proposers should be made available by 30 electronic means, as well as byine aper publication; and vet, 31 32 WHEREAS, the4n immunities clause of the United States Constitution 33 significantly limits t he° right ofvthe Boroug to grant a contracting preference to local 34 residents o companies; "; 35 'n t 36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH THAT x : 38 39 Section 1: This'ord i,cejis of a general and permanent nature and shall become a 4 0 part ot'tlieKodiak Island Borough Code of Ordinances; 1 42 Section 2: Kodiak Island Borough Code Chapter 3.30 Contract, Purchase, Sale, and 43 Transfer Procedures is hereby amended as follows: 44 45 3.30.010 Contract, purchase and sale and transfer procedure. 46 The manager may carry out any of the following: 47 A. Contract for, purchase, or issue purchase authorizations for all supplies, materials, 48 equipment, and services for the offices, departments, and agencies of the borough; 49 B. Sell surplus, obsolete, or unusable personal property for the offices, department, and 50 agencies of the borough; Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 1 of 7 51 C. Transfer supplies, material, and equipment to or between the offices, departments, 52 and agencies of the borough; or 53 D. Contract for the construction, repair, or improvements of borough facilities. 54 55 3.30.020 Limitation on manager's authority. 56 The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC 57 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first 58 obtaining assembly approval with the exception of utility bills, which may be paid without 59 assembly approval. Similar types of work, even if performed in different geographic 60 locations, are considered "in the aggregate" regardless of the project, contract, 61 purchase orders, or change order and require asserr lb y notification if the total lf 62 payment to one contractor exceeds $25,000 in one ; i fiscal year. The manager will 63 report to the assembly, at its next regular meeting, contracts of $25,000 or less 64 between the borough and a) a member o /the assembly'b>) an assembly member's 65 immediate family, or c) a business in which' the assembly member is associated or 66 has an ownership interest. Immedia of an asse b ly ' ember means a 67 parent; sibling; child by blood, adoption,. or marriage; spouse; grandparent or 68 grandchild. 69 70 3.30.030 Open market procedure's," f .E 71 A. Purchases, sales, or contracts authorized. by KIBC>43'30 010 having an estimated 72 value in excess 5 $1.000 but less tha '44/- 2 000 shall* emade in the open market 73 without newspaper advertisement x. 74 B. Market purcha e ales knd contracts, forty er $5000 shall, whenever possible, be 75 based on at least\two t '"cotes and shall be awarded to the lowest 76 responsible bidder, o r in th c of a sa l e, to the highest responsible bidder, except a 77 local �p fer erence for purchasingtsil.bbee al je d for purchases of $15,000 or less if itiSse.ef fret. 4's 78 that =bid does nottexceedithe lowest responsible bid by more than not to exceed 20 10 79 ¶ p e r c e n t , : _ :.. - - - ' : :: _,!!0 or Ices and not to exceed 10 80 p ce of the purci c price or --ef -mere- than -$a -5 -but not more than 81 $25,00 82 C. The manager, or authorized designee, may solicit oral or written bids for open market 83 purchases orll and shall maintain a record of all bids received. 84 D. The sale of all ' urplus ,obsolete, or unusable personal property shall be advertised by c < � 85 electronic meansorm a newspaper of general circulation published —within the 86 borough unless authorized to the contrary by the assembly. 87 E. The purchase of utilities is exempt from this section. 88 89 3.30.040 Advertising for bids. 90 A. Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated 91 value of more than $25,000 may be made only after a notice calling for bids issued by 92 electronic means or is printed in a newspaper of general circulation published- within 93 the borough once a week for not less than three consecutive weeks prior to the date of 94 the bid opening. The notice shall contain a general description of the property, work, Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 2 of 7 95 or service; state where the bid forms and specifications may be obtained; specify the 96 place for submission of bids and the time by which they must be received. 97 B. The purchase or contract shall be awarded to the lowest responsible bidder, or in the 98 case of a sale to the highest responsible bidder. 99 C. Utilities are exempt from this section. 100 101 3.30.050 Processing of bids. 102 Notwithstanding other provisions of this chapter relating to the award after competitive bid 103 for purchases, sales, and contracts, the borough may: 104 A. Reject defective or nonresponsive bids; + - 105 B. Waive any irregularities in any and all bids; a, 106 C. Reject all bids; °'j 107 D. Negotiate with two or more of the lowest bidders; if bida.prices are in excess of the 108 money available or authorized, for a reduction in the sc pequality, or quantity of the 109 purchase, service, or contract; or et 110 E. Readvertise for bids with or without making changes in the planstor,speci fications. 111 112 3.30.060 Local preference 113 The assembly may, in its discretio n direct an award `of a contract for th purchase of er c 114 personal property or services aftompetitive bidd ng to a responsible bidder who 115 maintains a business office or store with n'tli bo ough f om the property or service 116 would be provided, if t a bid does not exceed the lowest responsible bid by more than 10 117 percent. a 118 119 3.30.070 Exceptionito bidding =requirements 120 The requirements of this.chapte t s olicitation of competitive bids and award to 121 the lowest r pons ble bidd r.s�hal not apply to 122 A. Con for-p " or unique s ervices:'The Assembly shall review contracts 123 r -.. , .,.." - 1 �o��, uni s u c h as architects, engineers, surveyors, 124 attorneys, or accoun nts if #♦�ie manager recommends exempting the contract 125 fr egular bidding proce Professional services means professional, 126 techni al, or consultant's services that are predominately intellectual in 127 character, r sult in the.. production of a report or the completion of a task, and 128 include ana ysis+evalu prediction, planning, or recommendation; 129 B. Contracts for property , \ ?.p+ t y ). or services necessitated by an emergency, if the delays 130 required for compliance with the bidding requirements would jeopardize the public 131 health or welfare; 132 C. Contracts for audit and insurance services that may be bid at up to five -year intervals; 133 D. Contracts entered into using a competitive sealed proposal process as set forth 134 in KIBC 3.30.110; 135 E. Contracts with a municipality or other political subdivision to the extent authorized by 136 statute with the assembly holding a public hearing on contracts exceeding $100,000; 137 or Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 3 of 7 138 F. Contracts for street improvements involving donated services and materials when the 139 assembly has determined not to create an assessment district and has approved a 140 project. The following steps shall be taken before a proposed contract is submitted to 141 the assembly for approval: 142 1. An applicant shall first submit to the engineering and facilities department director 143 a proposal that fully complies with Chapters 4.45, 16.70, and 16.80 KIBC along 144 with a cost estimate that reasonably describes the value of the services and 145 materials included in the proposal as well as the procedure for addressing any 146 change orders; 147 2. After the engineering and facilities department director accepts the proposal, the 148 applicant shall submit to the borough finance director proof of ability to comply with 149 Chapter 3.65 KIBC; and 150 3. The proposal shall be referred to the applicable road service area board for review 151 and recommendation to the assembly 152 4. After the borough finance dirertorb ?approves the proposed bonding and a 153 recommendation has been received;from any reviewing service area board, the 154 assembly shall hold a public hearing` with notice to affected p "rrty owners as 155 follows: 156 a. Publication in a news of general r ula ion in the borough atleast once a 157 week for two consecu prior to th4ublic hearing; 158 b. Mailing at least 15 days before he public e ring to all record owners of 159 property with _frontage on tt he street'a be improved. "Record owners" means }q.g � 160 the personpt; persons list d.as the owner of th property on the current 161 -€.40 "tcN ve1 /. propertymta C recordswof the as essor a+t The not shall be mailed to the record 162 owner at } the addre s tated in t e ° as s essor's t and -co 163 c. Every noticce ,'of a public hearing required by this section shall state the date, 164 time, locationraand purpg the ) public hearing and shall describe the 165 improvement. The notice sha al so state that, if the assembly approves the 166 proposal, n .assessment district' will be formed and the borough will not 167 participate ink alloca 'on or collection of costs among the respective property 168 , ovvners. m 169 5. Menthe public hearing, the assembly may approve the project, with or without 170 additional conditions nlf)the assembly approves the project, it shall authorize the 171 manager to e"ti ecute,tt e contract. 172 ^ 1 173 3.30.080 Lowest responsible bidder. 174 In determining the lowest responsible bidder, the assembly shall may consider: 175 A. The bid price; 176 B. The ability, capacity and skill of the bidder to perform the contract within the time 177 specified; 178 C. The character, integrity, reputation, judgment, and experience of the bidder; and 179 D. The quality of performance of previous contracts; and Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 4 of 7 180 E. If more than one bidder is determined to be responsible using the factors 181 described in A, B, and C, then the responsible bidder with the lowest bid price 182 will be considered to be the lowest responsible bidder. 183 184 3.30.090 Requirements mandatory. 185 Except as provided in KIBC 3.30.110, a purchase, contract, or sale involving 186 expenditure of borough funds or other assets in excess of $25,000 subject to the 187 provisions of this chapter shall not be valid, enforceable or binding upon the borough 188 unless the established requirements have been satisfied and the contract, purchase, or 189 sale approved by the assembly. 190 191 3.30.100 Change orders - Manager authority. ta 192 The manager, or designee, is authorized, without ssembly approval, to enter into change 193 orders with h boron to respect oonstr-uctien A 1ects where pti p borough ,, he amount of additional 194 expenditure occasioned by the change order o ,o ders does not'mathe aggregate, exceed 195 $40 the total amount of the designated project contingent T he manager, or 196 designee, shall report monthly to the ass mbly,.the natture and amount o such change r -- 197 orders. lf- the - change -- ordeor orders- exceeds-$40Oo 4trwill- require -the signatures of: ter . ch �i , 198 The Manager, or designee, is uthbrized to enter ange orders with respect to 199 borough projects where the am'•unt of additional expenditure occasioned by the 200 I change order or orders does not, in t he. aggregatee\exceed the total amount 201 appropriated for the roject. The manager, ordesignee, shall report monthly to the 202 assembly the nature and mount of such change orders.'Project approval should 203 I include a budget for th j ect that inct de n r ap propriation of contingency 204 funds. The managesay authorize cha o rders up to the appropriated amount 205 I effor that project. Chn ge o ders o up t %din excess of the appropriated project 206 amount, a of exceed $200,000 f a particular contract, require approval by: 207 A. The mayor and deputy presiding of ices 208 B. the a and one' assembl>member in fhe absence of the deputy presiding officer 209 C. T or e eputy presidi g officer an ne assembly member in the absence of the mayor; 210 211 D. Any two as embly members in the absence of the mayor and deputy presiding officer 212 213 I Such approval ma be by signature or electronic signature. A Change order in 214 excess of $200,001 fo •%ac ontract or more than 5% in excess of the appropriated 215 project amount requires assembly approval. 216 217 3.30.105 Circumvention of bidding requirements prohibited. 218 No person shall subdivide an acquisition of supplies, materials, equipment, or services 219 into more than one purchase order, contract, or change order if the acquisition of said 220 items or services would normally, reasonably, and customarily be conducted under a 221 single purchase order, contract, or change order, and if the subdivision has the effect of 222 avoiding or circumventing the competitive bidding requirements, or the limitations on the 223 authority to make acquisitions or to award contracts or change orders contained in this Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 5 of 7 224 chapter. Similar types of work, even if performed in different geographic locations, 225 are considered "in the aggregate" regardless of the project, contract, purchase 226 orders, or change order and require assembly notification if the total payment to 227 one contractor exceeds $25,000 in one fiscal year. 228 . 229 3.30.110 Competitive sealed proposals — Negotiated procurement. 230 A. If the manager determines that use of competitive sealed bidding is not practicable, 231 the borough may procure supplies, services or construction by competitive sealed 232 proposals under this section. 233 B. The manager shall solicit competitive sealed props is by issuing a request for 234 proposals. The request for proposals shall state, or i corporate by reference, all 235 specifications and contractual terms and conditions to which a proposal must respond . /a":\ 236 and shall state the factors to be considered in eevaluatmg, proposals and the relative 237 importance of those factors. Public notice of a, request forvroposals shall be given in 238 accordance with KIBC 3.30.040 N 239 C. Sealed proposals shall be designate �as such on an outer en, elope and shall be 240 submitted by mail or in person at the plaeeand no later than the tiine\specified in the 241 request for proposals. Proposals not sub t it he place or wit tf the time so 242 specified shall not be opened.or�considered. 243 D. Proposals shall be received \at\tthe time and place designated in the request for 244 proposals and shall be opened so s t`o avo d disclosing their contents to competing 245 proponents during the,process of ti egotiatio Proposa tabulations thereof shall 246 be open to public inspection only after the contract award. Z •. ro A A ' 247 E. In the manner th reques f p may negotiate with 248 those responsiblproponentswhose proposals are determined by the manager to be 249 reasonably respon to request f i� ''proposals. Negotiations shall be used to 250 clarify andrassure full understandingaof the requirements of the request for proposals. The ma g r ma y permitspon 251 T roentss . to their proposals after submission and 252 pro to award t obtai be st and f a l offers. Proponents deemed eligible for 253 negotiations shall b t reated e regarding any opportunity to discuss and revise 254 proposals. In conductingtriegotiati ns or requesting revisions, neither the manager nor 255 any otherorough dir f or ‘ or employee yee shall disclose any information derived from 256 proposals f ompeting pr.oponents. 257 F. Awards shall bemade by notice to the responsible proponent whose final \, .' / .'" 258 proposal is determined be most advantageous to the borough. No criteria other than 259 those set forth in the‘request for proposals may be used in proposal evaluation. If the 260 manager determines that it is in the best interest of the borough to do so, the borough 261 may reject all proposals. 262 263 3.30.115 Delinquency. 264 A. The borough shall not award a contract or purchase order to any person, corporation, 265 or other business entity who is delinquent in paying (1) any tax levied by the borough; 266 (2) any special assessment levied by the borough; (3) any charge for utility or 267 municipal waste services; or (4) any other borough fee due under the code, unless the Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 6 of 7 , 268 person, corporation, or other business entity cures the delinquency within 30 days 269 after the mailing of written notice of the delinquency. In the case of a closely held 270 business, this prohibition shall also apply to the delinquency of their legal principals or 271 officers. For purposes of this section, a payment shall be considered "delinquent" 272 when it is not made on or before the applicable deadline established by the Kodiak 273 Island Borough Code, or by written notice if the code does not establish a deadline, or, 274 if the code does not establish a deadline and a deadline is not established in a written 275 notice, within 60 days of the mailing of written notice that the payment is due. 276 B. The borough may terminate any contract or purchase order if the person, corporation, 277 or other business entity and, in the case of a cloy le y held business, their legal •.J 278 principals or officers, becomes delinquent in paymenteof any of the items listed in 279 subsection (A) of this section, unless the delinquency,is cured within 30 days after 280 mailing of written notice as above. \ 281 C. The borough may deduct from any amount otherwise due��th�e person, corporation, or 282 other business entity and, in the case of a closely held busiri' s, their legal principals 283 or officers under any contract or purchase order an amount equal to the total of all ac °;e 284 such delinquent amounts that the contractor owes foi taxes lev the borough; 285 (2) special assessments levied by the bor uo gh; (3) =charges for borough utility or 286 municipal waste services; andy(4 other borough e under the code. 287 D. Nothing in this section shall prey n a ny perso c p oration, corporation, other business entity ;K' 288 and, in the case of a closely held business, theilegal principals or officers from 289 paying under protest ny tax, special as es ssment, utility ormunicipal waste charge, or 290 other borough fee, or pursuing appropriate lu�diciaor administrative action to contest 291 or recover any suc tax, assessment, charge or fee - 292 E. For purposes this section, the te o "closely held business" shall mean a 293 corporation, limitebility c mpany or othe d lia r business entity which has less than five 294 unrelated: 15y-blood ormarriag , owners. 295 ,� 7 V 296 ADOPTED BYTHE ASSEMBLY OF4 KODIAK ISLAND BOROUGH 297 THIS'a Na DAY OF 2012 298 299 KODIAK ISLAND BOROUGH 300 301 302 '4 " ;. 303 ATTEST: . Jerome M. Selby, Borough Mayor 304 4L. 305 306 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 7 of 7 ¢ ny,_ KODIAK ISLAND BOROUGH ; t ARCH ' IT ?ECTURAL #IENGINEERING REVIEW BOARD r 744 tl g ODE ITOA1 OF APPEALS NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Bonney 2014 486 -4005 654 -7938 stralaska(ar?hotmail.com PO Box 5524 Chiniak, AK 99615 Michael Brechan 2014 654 -5514 487 -2152 654 -5518 mbrechan(Whughes.net PO Box 303 Kodiak, AK 99615 Cliff Ford 2012 486 -5353 486 -7742 539 -5340 clifff(acsalaska.net 1250 Beaver Way Kodiak, AK 99615 Gregg Hacker (Chair) 2013 486 -4392 481 -2288 539 -5230 ghacker01(kibsd.orq PO Box 967 Kodiak, AK 99615 Ray Nordgulen 2012 486 -3719 539 -1639 nordqulenwings(au)hotmail.com 274 Neva Way • Kodiak, AK 99615 Sonny Vinberg 2014 486 -2530 206 -790- hvinberq(a7koniaq.com PO Box 78 x4127 4502 Kodiak, AK 99615 Jerrol Friend 2013 539 -1975 jfriend(Walaska.net PO Box 17 Kodiak, AK 99615 NON - VOTING EX- OFFICIOS Assembly Representative Aaron Griffin 539 -1040 aaron.griffin(Wkibassembly.orq PO Box 8836 Kodiak, AK 99615 School Board Representative Norm Wooten 539 -1419 nwooten7agci. net PO Box 3016 Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 Ir. v4 c i . u 1 a z > ' E/F DIRECTOR WOODY KONING 486 -9343 wkoninq@kodiakak.us PROD �MGRS/INSPECTOR, MATT.GANDEL • ,.486 -9341 mgandelCov)kodiakak.us x. ASS TA T .ROJECTS�ASSISTANT JESSI WLFE O 486 -9349 jwolfe(a)kodiakak.us YL ?RCi } A ms ' s { � ENGINEERIN &FACILITIES DEPARTMENT 4PROJECTSPFFICE G EGAN,WAY S KODiAK AK'99615', ='- v Revision Date: 12/10/2012 Revised by: JK • '' 7w ti KODIAK ISLAND BOROUGH 4 a r ite . N .. a *�y OFFICE OF THE BOROUGH CLERK it RSM i�J it !. 710 Mill Bay Road, Room 101 s.7) , Kodiak, AK 99615, - Phone: (907) 486 -9310 Fax: (907) 486 -9391 , njavier @kodiakak.us f A PPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board /Committee /Commission: Tr? 1 ' - arc,/ / / 6 .; ` , / v e A , _ ; , C Designated seat or group representation (if applicable) : . r Please be aware that the information given on your application is made available to the public. Staff r will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. Name: 1--- �. �i or: 7 Daytime Phone: 7 yc6 /.? </ 7 Residence Address:, /24 U / 3 u ,- r 27,-.7 Evening Phone: 7 0 7; ic ? c__ 5 Mailing Address: Cell Phone: Email Address: CA lit KO a. C S C / set. - Ill: i 7 Fax Number: j Length of Residence in Kodiak: / 2/ c, /s Registered to vote in Kodiak? es - No Please provide one of the following: Date of Birth Last 4 digits of SSN# 7--i 11/ E /Occupation: kcrc// E fr ( c Organizations . you belong to or participate in: Explain your main reason for applying: (' / / inc/vt ('Cf)(7c L/ TG 5 I d t/7 e c' O fl-I ti-i.,,,/ What background, exper or expertise will you bring to the board/committee/commission membership? ( / / 41 :71 r rf` l6N.tik1 JO6: / .'i / - / /f(/ - /Cla n / / % v n G/a ia2 i 2T >�L. J r c_ Ci rr. 5 , r ay Q�LLA (/ <. /no( / p ' o rtt(/ T ;k15S/f /C1 �Ar i7 '' r[JG:" O� / /( C L7e,t7 PI Are you available for regular meetings? °/C 5 Pursuant to KIBC 2.100.070 (A.6) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member misses three consecutively held regular meetings and is not excused. 2 I Signature of Applicant: 7 i "i � / . Date: /A / • A resume or letter of interest may be attached; but is not required. This application will be kept on file for one year. Please be aware that there may .,be an application deadline. Application deadlines, if applicable, are available --o n - the. r prough w ebsite gat- t www.kodiakak.us or in the Notice of Vacancy announcements advertised in the Kodiak Daily Mirror, ( I i a VI S fi E,�q f " � n afi W .k ` ,` a � i . :' - -` : STAFF U ` i t f j,. ,, 3 a.) 1 � 3 Registered voter of the Borough: Yes No ( ) Appointment Letter: Date Received: (d g� mpbe lo(y) i i U I Applicant's Residence: Borough (17 City ( ) Roster: - �V� L L Date of Appointment: Oath of Office Term Expires on: .____ .. _ APOC POFD Statement: Attached ( ) On File ( ) 1111. / r i CE. �' t 1! t. vL. ..... o / KODIAK ISLAND BOROUGH ` R &„t�'�� -• qc ,�s.'��>hT�� ,s.� ,.xs -��'� a ..,� .. •- Ado' . P•ARKS } AND R COMMITTEE NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Pam Foreman 2013 486 -2588 486 -3181 pforeman(a gci.net 335 Curlew Way pam(o)kmxt.orq Kodiak, AK 99615 Jeff Huntley (Vice Chair) 2012 486 -4013 cactusrefer[a)yahoo.com 1015 Pine Crescent Kodiak, AK 99615 Rick Lindholm 2014 486 -8297 486 -8111 rickl(@kiha.orq PO Box 474 Kodiak, AK 99615 Michael Marion 2014 481 -2999 487 -4991 memarion(o)gci.net PO Box 9052 Kodiak, AK 99615 Patrick Saltonstall (Chair) 2012 486 -2634 486 -7004 pgsalton(a gci.net PO Box 1909 patrick(a)alutiigmuseum.orq Kodiak, AK 99615 Andy Schroeder 2013 512 -0835 539 -1979 andv(@,islandtrails.org PO Box 301 Kodiak, AK 99615 Hans Tschersich 2012 486 -5648 206 -601- xrayhans(a)yahoo.com 1423 Baranof St. 8772 Kodiak, AK 99615 Sandra West 2013 486 -5303 487 -5310 539 -6429 sandra.w.west(Wuscq.mil 2474 Spruce Cape Road x144 Kodiak, AK 99615 Vacant 2014 NON - VOTING EX- OFFICIOS Assembly Representative Aaron Griffin 539 -1040 aaron.griffin(Wkibassembly.orq PO Box 8836 Kodiak, AK 99615 State Representative Jack Ransom, Park Ranger II 486 -6339 jack.ransom(a)alaska.gov 1400 Abercrombie Drive Kodiak, AK 99615 Roster continued on the next page.... Revision Date: 11/2/2012 Revised by: JK ,, KODIAK ISLAND BOROUGH A X PAeRK C �T .tlG "` T. : +`� .. S z ,,,,,f,„ S y t +. x . t t . : NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE City Parks & Rec. Representative Ian Fulp 486 -8670 fulpa(�gity.kodiak.ak.us 410 Cedar Street Kodiak, AK 99615 School District Representative Steve Doerksen 486 -0398 481 -6208 654 -0398 sdoerksen01(@kibsd.orq 722 Mill Bay Road Kodiak, AK 99615 Planning and Zoning Commission Representative Alan Schmitt 486 -5314 942 -0404 schmitt@cici.net 3295 Woody Way Loop Kodiak, AK 99615 Brent Watkins, Alternate brentski22(yahoo.com This committee is governed by Kodiak Island Borough Code 2.120 ST AF: r z' k �.n v C OL? ` DIRECTOR BUD A SSIDY Y,� _ - 486 -936 bcassidv(o� kodiakak.us t IAT to :V r " r ''ASBOCE PLANNER /LRP DUANE DVORAK 486 -9363 ` . ddvorak(alkodiakak.us G, CDD S EC R ETARY SHEILA SMITH t f�', . 4 -9363 ssmith(o�kodiakak.us • i COM M UN I TYc DEVELOPMENT D - x x y' ..r-wit, as J 71 MILL BAY ROAD''% t ROOMi20 T", , :^'�" 1 - , vi'iKODI AK A Revision Date: 11/2/2012 Revised by: JK } .**,...-5.W., rs KODIAK ISLAND BOROUGH ""a * , OFFICE OF THE BOROUGH CLERK 'fl f ' 710 Mill Bay Road, Room 101 • - �, ' 4 2 Kodiak, AK 99615 • .= -," ( Phone: (907) 486 -9310 Fax: (907) 486 -9391 1 `" " njavier @kodiakak.us i ` APPLICATION FOR APPO TMFNT TO BQARDS, COMMITTEES, AND COMMISSIONS Board /Committee /Commission: a r e "- A' c- ; . Designated seat or group representation (if applicable) : I , Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board , and meeting information. Name, N l F , T"F 7 �f ii� // Daytime Phone: 4134—,1013 Residence Address: � / n /S ri r (, rrsr, / Evening Phone: ca Mailing Address: Se' f;_ \ Cell Phone: c �� Email Address: �i K IFS re l <rI / Y /n 7? Fax Number: iin h ' ' Length of Residence in Kodiak: j , /�, 5 / r 5 Registered to vote in Kodiak? 0 No Please provide one of the following: Datte Birth 4;// >A 7 Last 4 digits of SSN# Employer /Occupation: i g_., r i y c - CY Organizations you belong to or participate in: Explain your main reason for applying: re, q fir/y/ What background, experience, or expertise will you bring to the board /committee /commission membership? Are you available for regular meetings? ` r j Pursuant to KIBC 2.100.070 (A.6) Other than by expiration of the members term, the assembly shall declare a seat vv cant when . 7- 9 e misses three consecutively held regular meetings and is not excused. / Signature of Applica $ /04r, � . ,a te Date: / /�/ A resume or letter of interest . • be atta he*, but is nrrequi7 r "s application will be kept orrfi for one year: \ Please be, aware that there may be an ape ication deadline. Application deadlines, if applicable, are i available 'i\on the aorough at www.kodiakak.us or in the otice of Vacancy announcements advertised in the Kodiak Daily --_ -- - - -: - 7 t arc n+ , K �, o- AFF USEt t- ,� t • f, 'r'%�y�( (1 y i�,S :h a r- x. i . , "r, . , -ST .. , r ,�� s > ya-. H,:.1 . .. ft 0 F ,.., Registered voter of the Borough: Yes ( ) N9.4 ) Appointment Letter: Date Receive date stamp below tl Applicant's Residence: Borough ( ) City ) Roster: - - .. - _ Date of Appointment: Oath of Office: Term Expires on: APOC POFD Statement: Attached ( ) On File (-)' . = 6 - . "" Jessica Kilborn From: support @civicplus.com Sent: Sunday, December 09, 2012 12:14 PM To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for: Parks and Recreation Committee Designated seat or group representation (if applicable): : VOTER ID NO. VERIFIED BY,S, 4 • APPLICANTS RESIDENCE: ; • ' A� � CITY c. t' Full Name: Helm Stewart Johnson DATE APPOINTED: TERM EXPIRES ON: APPOINTMENT LETTER: Residence Address: 1522 East Kouskov ROSTER: OATH OF OFFICE: FINANCIAL DISCLOSURE: • Mailing Address : PO Box 261 Email Address (This address will be used for correspondence): helm @rideakimbo.com • Home Phone Number (numeric only): 9075395014 Work Number (numeric only): 9075395014 Cell or Fax Number (numeric only): 9075395014 Employer /Occupation: self • Please provide ONE of the following: Date of Birth or Last 4 digits of SSN#: 2153 Length of residency in Kodiak: 40 years Registered to vote in Kodiak ?: Yes Length of Residence in Service Area: 40 years Are you currently serving on other Boards, Commissions, or Committees ?: Yes If yes, which: Kodiak Island Cycling Club Organizations you belong to or participate in: Kodiak Island Cycling Club -KICC International MountainBike Association - IMBA Kingfishers (parent) Parks & Rec Volleyhball Alutiiq Museum Chitsua Marimba group Explain your main reason for applying: The main reason that I am applying to be on the parks and recreation advisory board is that I would like to contribute my expertise in construction, bike parks, and youth activities, • • which are all important considerations in planning park improvement projects. It is also my goal to see that all user groups are equally represented. What background, experience, or expertise will you bring to the board /committee /commission membership ?: - Construction for over 20 years - vertical, groundwork, budget and management - Working knowledge of skatepark /dirtpark design & construction - Experience working / traveling with the current group of kids who use the parks - Understanding the needs of all groups to be equally represented - Parent of three kids who use the Parks & Rec facilities - pool, park, skatepark and baseball - Personal user of the Parks & Rec facilities - pool, volleyball and racket ball - Completed all my schooling through high school here and am familiar with the system and community history Are you available for regular meetings ?: Yes • Additional Information: Form submitted on: 12/9/2012 12:14:08 PM Submitted from IP Address: 65.74.85.219 Referrer Page: No Referrer - Direct Link Form Address: http: / /www.kodiakak.us /Forms.aspx ?FID =72 • • 2 . * KODIAK ISLAND BOROUGH r � % ` OFFICE OF THE BOROUGH CLERK k .- a i . 710 Mill Bay Road, Room 101 . d `` , � '� ; Kodiak, AK 99615 °" Phone: (907) 486 -9310 Fax: (907) 486 -9391 :al. njavier @kodiakak.us APPLICATION FOR APPOINTMENT TO BOARD COMMITTEES, AND COMMISSIONS Board /Committee /Commission: ( ° U (.--R P6-K-5 I2 -4n'"( I a Designated seat or group representation (if applicable) : ?/t�*-5 1 '(zL Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact-phone number to provide board and meeting 'nformation. Name: fr2[(S A Vii) Nk S vr iA Daytime Phone: if\ID Residence Address: 1.4 Uu2 c_i_t.�.s_, p._ F-A, Evening Phone: fatal 7 (o tt Mailing Address: T ,� lob Cell Phone: Email Address: '76-5 i.-( J T - 4 e t l e \ Fax Number: • Length of Residence in Kodiak: ft_ . 52 s Registered to vote in Kodiak? CYes ,- No Please provide one of the following: Date of Birth Last 4 digits of SSN# 1 35 Employer /Occupation: ' 1 (fit1.1 - I) "{ AA ,)( J_A-^ ) Cu r G r Organizations you belong to or participate in: t'"j' Explain your main reason for applying: _ • • 0 a I . ( � ,,, v What background, experience, or expertise will you bring to the board /committee ommission membership? -C S-cl Cwa_ . Are you available for regular meetings? f ":- Pursuant to KIBC 2.100.070 (A.6) Other than by expiration of the members term, the assembly shall declae a seat v ant w - • a member misses three consecutively held regular meetings and is not excused. t ' Signature of Applicant:‘ �� `/ Date: 111 I / Z A resume or letter of interest m. be attached, but is not required. This application will be kept on file for one year. Please be aware that there may be an application deadline. Application deadlines, if applicable, are available on the Borough,,website at www.kodiakak.us or in the Notice of Vacancy announcements advertised in the Kodiak Daily Mirror. _. ..._. . i P ar t , , zk : gTAFFi1SE'ONWA 'r ° riV , i 'rLd *C 1 r Registered voter of the Borough: Vies (t No ( ) Appointment Letter: Date Received: (date stamp below) Applicant's Residence: Borough (il) City ( ) Roster: OCT 2 C; 2012 , .... Date of Appointment: Oath of Office: Term Expires on: APOC POFD Statement: Attached ( ) On File ( IQ R.— p,429 DI wychr-4.( ,ems, * r� t : . KODIAK _' 4 A ISLAND BOROUGH d 1 �` ' xl" -,i,� Y� . E a ; Y�Y rc - .. - iat4 J S 144 tP LAN CIIN d AND ZON' IN,G COMMISSION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE William Kersch (C) 2012 715 -475- williamkersch(&gmail.com 1812 Mission Road 8336 Kodiak, AK 99615 Alan Schmitt (C) 2014 486 -5314 942 -0404 schmitt(@qci.net 3295 Woody Way Loop Kodiak, AK 99615 Alan Torres (B) (Chair) 2013 486 -0217 486 -9345 arii.torres(dvahoo.com 2746 E. Rezanof Dr. Kodiak, AK 99615 Rick Vahl (B) 2012 486 -3344 486 -5308 907 -947- rdvahl(gmail. 1324 Mountain View Drive 5489 Kodiak, AK 99615 Sonny Vinberg (B) (Vice Chair) 2014 486 -2530 206 -790- hvinberg(@,koniag.com PO Box 78 x4127 4502 Kodiak, AK 99615 Brent Watkins (C) 2013 brentski22nD yahoo.com 307 Childs Drive Kodiak, AK 99615 Vacant (B) 2012 B= Borough Seat C =City Seat This commission is governed by Kodiak Island Borough Code 2.105 " TAFF:W i e f s � .. ±CDD DIRECTORBUD CASSIDY ' • 486 -9 363 bcassidyOkodiakak.us ASSOCIATE PLANNER /LRP, DUANE DVORAK 486 -9363 ddvorak(dkodiakak.us CDD SECRETARY SHEILASMITH, .. 486 -9363 ssmith(&kodiakak.us rr • '., COMMUNI7YDEVELOPMENT ,DEPARTMENT ' � 710 1 MILLBAY, ROAD r er- �KODIAK-,'AK 99615 ri ' " Revision Date: 11/19/2012 Revised by: JK lb Office of the City Clerk 710 Mill Bay Road, Room 216, Kodiak, Alaska 99615 I CASI& December 14, 2012 Honorable Jerome Selby, Mayor Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mayor Selby: At the City's December 11, 2012, work session, the City Council reviewed the application from Tracy Craig and interviewed Kathy Drabek and William Kersch for the open City seat on the Planning and Zoning Commission. Pursuant to AS 29.40.020, at its regular meeting last night, the Council moved to recommend Kathy Drabek be appointed to the City seat on the Planning and Zoning Commission that expires in 2015. Sincerely, c -) ? 1/40/11 Debra Marlar, MMC City Clerk Telephone (907) 486 -8636 / Fax (907) 486 -8633 clerk@city.kodiak.ak.us R KODIAK ISLAND BOROUGH 7, ,• ,,.-* %,� OFFICE OF THE BOROUGH CLERK `s J ; 710 Mill Bay Road, Room 101 e � ' czar Kodiak, AK 99615 4. 4- Phone: (907) 486 -9310 Fax: (907) 486 -9391 .,.. njavier @kodiakak.us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board /Committee /Commission: par+,inyinyb »,JD 2 o h/ INb Gomn+rssionJ Designated seat or group representation (if applicable) : Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. Name: FIG% V Daytime Phone: 9o7_ 9 g7_S4g-q Residence Address: i32-I moNMTRIN VIEW 1 Evening Phone: qD 7 _ L as. 334 9 • Mailing Address: J ,4 Wtnuornio YIbw 12 Cell Phone: 907- 9417 -SYSA9 Email Address: rdVox‘„, A ,31,60:% X , c.am Fax Number: Length of Residence in Kodiak: 24L ymS Registered to vote in Kodiak? (Yes) No Please provide one of the following: Date of Birth 05/s 1 /Fr I Last 4 digits of SSN# Employer /Occupation: $LA-SJa WAsr6 - MAi✓ACs6 Organizations you belong to or participate in: �rrrey� pail Ra ruegigis Sts rg.S CWtRMB'cR OF coMW1tit-GC 14ortR -D Explain your main reason for applying: T c vs 74 4. _ - r.v`%N^tir. t °r! An., 17 }feLP tT 'A€ A - 6'r-rS(L ?I -iv-c. it ( What background, experience, or expertise will you bring to the board /committee /commission membership? I mtmt✓e 4 6g es-7 LNOF-RSTfrND7/vb of Or/r2.- 12fflp .Slylern BFcavis of Tide iNAgrr calAitr.E M•1 rtwtPA - P1 ?M'nDFS, Are you available for regular meetings? yr.s Pursuant to KIBC 2.100.070 (A.6) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member misses three consecutively held regular meetings and is not excused. i Signature of Applicant: / Date: PA/2- A resume or letter of interest ma e attached, but is not required. This application will be kept on file for one year. Please be aware that there may be an applic ion deadline. Application deadlines, if applicable, are available on the Borough_ website -at www.kodiakak.us or in the Notice of Vacancy announcements advertised in the Kodiak Daily'Mirror. Ir.. i - -. ril ; d . saixe. f .:n4vYt �r-mt -,w SW F.�.W s:, e`A r; ..3 vur• — S f AFE USEbNLY t i4- :YAM 9 -c ^ . oro w $ o Y" +c= s + t ..,8 FI°fp as ei n 3 o . * g ow) R ytst red,votegoft E es_ flo A pp itme t Letter S`�� ,r , 4 ca 1 iii (da testam'o,rselowy `" lv,p r" " + r o...fire y t os1er 5 A .v* { x E sa m ,R• ; r e �AP. Bbto'dYa(t 4 Roster �`"...,�i�,. - #m`4+ - u ' x`x e on � 3*` f �: , ..,2.' .' ec - 'WWI I , �.. i s:"'" . - ,�a `' �; , „� Dante oC l ntmen Oatfi Of fice" ,;��; / �, 4 y . d r‹ r s 5".,,. 4 t- t7re s - . +Xw. 43-r— L' , ,eat () On e ( - tR tis ?, , t ga iE}�pIre`s on m"41c ' � ', x A PO-. PFD• Statement - ( 1 ile (. "' � r ., r � - ,' -- 2a`1 .. »..,h. ,+Yn a ...c- a ..�t • �' O 2 s.�,+,r.ar- ba�r� �.�,x"x'S."i�#t '. - v3J. ': ,T.`v+,u1,. -., valt �£.f , Wh: • KODIAK ISLAND BOROUGH AGENDA STATEMENT Tao-" REGULAR MEETING OF: JANUARY 3, 2013 ITEM NO.: 13.0.1 TITLE: Confirmation of Mayoral Appointments to Various Boards, Committees, and Commissions. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Applications received for various board, commissions, committees seats. APPROVAL FOR AGENDA: 4 SUMMARY STATEMENT: EMAYORAL APPOINTMENTS IW'1 ,1 + .�, q 7c t APPLICANTS. .1 _ Architectural /Engineering Review Board (Two seats) Cliff Ford (11/02/12) Incumbents: Cliff Ford and Roy Nordgulen Parks and Recreation Committee (Three seats) Jeff Huntley (11/21/12) Incumbents: Jeff Huntley, Patrick Saltonstall, and Hans Helm Stewart Johnson (12/09/12) Tschersich Patrick Saltonstall (10/29/12) Planning and Zoning Commission (Two Borough Borough: seat/One City seat) Rick Vahl (11/14/12) Incumbents: William Kersch (City), Rick Vahl, and seat City: vacated by Casey Janz William Kersch (08/17/12) Note: City recommendation to the City seat is Kathy Kathy Drabek (12/06/12) Drabek. Tracy Denise Craig (11/08/12) Solid Wasted Advisory Board (One at- large, two Scott Arndt (Construction /Business designated) Representative) (11/16/12) Incumbents: Nick Szabo, Scott Arndt, and Darlene Turner Nick Szabo (11/16/12) Clerk's note: Original advertising reflected a deadline for applications by Friday, November 18, 2011. Having not received applications for all the open seats, the deadline was extended to Friday, December 7 for the unfilled seats. Mayor Selby would like to appoint all applicants to the ARB, Parks and Recreation, and SWAB. He will be making a decision on the P &ZC seat before the regular meeting. RECOMMENDED MOTION: Move to confirm the Mayoral appointments to the various boards, committees, and commissions as indicated. Kodiak Island Borough Page 1 of 1 EC2II s h y , KODIAK AND BOROUGH .4 �n . a it , q , > ., r- g A UG 1 9 7T0 F�j O E BOROUGH CLERK -4 01 ,;rte�1 Mi ay Road, Room 101 gab Kodiak, AK 99615 i ,es, rI MMUNI 1 ?DEVatilblielT I!w'r i:rr.r 9310 Fax: (907) 486 -9391 njavier @kodiakak.us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board /Committee /Commission: 'PLI rv1 f\ls `z, 20 r ) L— Designated seat or group representation Of applicable) : CIT REP. Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. Name: (aft jA 612. cN . Daytime Phone: (g67)LI t' 4 -1 7 7J 3 Residence Address: 1 y li3 rni S ,-.), Dr., FLN Evening Phone: C7270 4-17 Y 93 3 Q Mailing Address: (�6b'i hie_ l a, y_.., _ c)c L 1 S Cell Phone: (7)v) 'V7 C S 33 C Email Address: u; A,,., vs(> c„,_ r,,`too, `or Fax Number: . Length of Residence in Kodiak: L,, %- 6r-\g_5 Registered to vote in Kodiak? 41, No Please provide one of the following: Date of Birth 77a Last 4 digits of SSN# x950`1 Employer /Occupation: 05 P(Y`jT'T L Sp,._v ti CC Organizations you belong to or participate in: EU<5, L.t D(uS GGAUx 7 Q- -f J ( \ - p ;A P14 T L_) LecspNIt) COf.iC1 Fu, Jr'C ip vrrt j'C T,`c5 . Explain your main reason for applying: RE _ A ppLI c11 ; t . - t e u e St(? v c ; ) ( A r kQ o vs 1 ' i What background, experience, or expertise will you bring to the board /committee /commission membership? 45& -c CAI (Aiv\; &,c)ps 2- Si ki a °7 A+V i� C.Ii RO- 0 D`SM ms cvZ c2 :, r V-obt ,-l.4- -r-c; L.RN� . J Are you available for regular meetings? 1- i Pursuant to KIBC 2.100.070 (A.6) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member misses three consecutively held regular meetings and is not excused. Signature of Applicant: v Date: �u /Ici 0- , A resume or letter of interest ma be tached, but is not required. This application will be kept on file one year. Please be aware that there may be an application eadiine. Application deadlines, if applicable, are available on the Borough website at www,kodiakak.us or in the Notice of V cancy announcements advertised in the Kodiak Daily Mirror 't r' ti s w r a ai' i , sr s + &k,+ vI eV ap F s Wit "" rtt ier4lpSTAFF�USE ONLY 144` rGr .� N` ,i" 7 fat4 i L-ui 'A IN Y 2'IL II..� /' " ^P- "�b wfl IS '' „�i Y 4r �! r.� 1 �x "+a1 Ll ' nr u r A � p Registered' voter of the Borough Yes Nye) Appointment Letter Oat. Rec ve3 (do tte stgrnp b o.S ' I ?F� u' C, iirp e a+ i i c, ,I' X t e I f Applicant slResidence Bo City Roster 1i 5; _ . q ` '. s' I Le'it t f r,.i ifig ' t a 1 '� A 7 I Datd of App ' ointment ' " Oath of Office • II AUG 7 7 t q ' - x • T Ex e on ,t i . ; :, _ A POC POFD Statement.7Attached (. ) On File ( ) I U I ~uv I J . 201 , I �^-a' ._... ... ,_g.t .ti' AV , i El CE ,o, O ft KODIAK ISLAND BOROUGH / , 1 23 56, & � ' f` - fi 5 • OFFICE OF THE BOROUGH CLERK 8 4 l � j ., rvirlf " a ' 710 MW Bay Road, Room 101. ciir e e Kodiak, AK 99615 m ec 2012 w ?Etc., i:-40e, Phone: (907) 486 -9310 Fax: (907) 486 -9391 Vii t,. 4 ice r 'l njavier @kodiakak.us % . , APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND CO SS J 9 Board /Committee /Commission: I t wv 1 . -v1 wt-C v �vn.. l_�^r�m t Ss•t (..1 c / � Designated seat or group representation (if appl : -i 1 ‘ (s, ( ' ) J Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. t • Name: `i: t� t 1�r.c,_,0 ¶ Daytime Phone: 7. `tg(,• (o( Residence Address: 2 01,q i7 Q- .4 Evening Phone: ic/ . 6,s4 490is Mailing Address: cL..,,cc A Cell Phone: S A Email Address: r_,* le e.t A r ,Gke ��f12u.\ , Lam Fax Number: p, I A Length of Residence in Kodiak: 1✓io1 v as k ,,, Registered to vote in Kodiak? es) No Please provide one of the following: Date of Birth 7 • 7 • 47 Last 4 digits of SSN# /o, L� 1C2—c orct�+wTON Fo' - i'lw L Employer /Occupation: c toir s l �erV� �` r� c,)L y� /e,u,re ' . v r . r 5 +.T. t�ca gut \\ di Cii-o Organizations you belong to or participate in: 11 n 1 IS • • , , .\acn Explain your main reason for applying: t 1'� a s , _ _ .1/2_ .. a ro , sS tors, C , S . RIn_ � � � - 1 ork,, a W4∎,. .av , 3 L� OJi \1.t_•` y o 6.2.- v;-,4 O L,) l.'T. &i a.� G \ ,t•an 1 tic ,...a otut. c,\.o u 61 -eL..) t -efi L,j-e..- (; . What background, experience, or expertise will you bring to the board /committee /commission membership? I A 4-• hu.v -c. a, Po. c� !}re.. a� -4.eAc'^^'r.<. w ;,4),..., b ctl.� f b Lt, e n t Cco w.�' t 4 0 r 144 , ` y , t e l ' o - 1, °Naas i . . - . . : . C 4 tea-�e.A -i4 1.e L . . • Pr K_, Act. u)A c � e $ . iCn w+ of t , w va 11 �• - a/na.l p ..ee ) cer% •14.V . ■ dv..0 - j •r . .-- - 7• , -.. 1 , "VVLn4F� pr. n� r.l.. 1,. 'NIA ). hN ;,v... Lt,N. A tL t t b s�-tl.._r.i ,1.1.1.11- \ - 1 - r.u.stutt Are '9ou available for regular meetings? I- \......s Pursuant to KIBC 2.100.070 (A.6) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member misses three consecutively held regular meetings and is not excused. Signature of Applicant: l� u- ^-■ >"'" Date: t 2 • .6 ' 1- A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please be aware that there may be an application deadline. Application deadlines, if applicable, are available on the Borough website at www.kodiakak.us or in the Notice of Vacancy announcements advertised in the Kodiak Daily Mirror I - $ Yv-3'F' o . x ,j �^ a 'fY4ri j fS1? fee4eS ' j y% .. + ' Cg, k�eiR .t tl y �J r, < q, _ :∎ - y, + trx -,. , ,. s war asIdF $Ea ONLY x "{ - + , k r aw t c a ,t ...3.�a�"c'�.�"'..uo V,+ t a'` ,..,.,L,$t'i'^5#Llt H`xr9'tb„g �+k �a3� 'ne .�a. �aekir r x ana i ld .rt,�s��` +E ...•i ,i,x,. ., . : Registered voter of the Borough. T Yes j?4 No - ') Appointment Letter. 1 Date Re tdat stam ` bel ' I. Applicants Residence: Borough ( ) City p�t Roster: ''�' ,. - 6 �C 2 ow) Date of Appointment: Oath of Office: i Term Expires on: APOC POFD Statement Attached ( ) On File O ? , i r / Marylynn M Farl d i -- ' - �� ---------�| From suPPort@jviopluo.cum Monday, i Sent: no !| To: ��l� NOV 8�01� � NovaJav�rh1 McFarland; U � i ""' ,`"`` � °. ' Subject: Online Form Subrnittal: Board Apphcation Form i The following form was submitted via your website: Board Application Form -----' 12 Select the Board, Commission, or Committee applying for: Planning and Zoning Commission Full Name: Tracy Denise Craig Residence Address: 1616 Larch Street Mailing Address (if different from above): 1616 Larch Street Kodiak Alaska 99615 Home Phone Number: 9074863213 Work Number: 9074875170 Cell or Fax Number: 9079423507 Occupation: USCG HOUSING & ENTRY APPROVAL DEPT Email Address (This address will be used for correspondence): Tracy.D.Craia@usca.mil Length of residency in Kodiak: 20 years Are you a registered voter?: Yes High ~ Bucksport Bucksport ^^�. vo� umx�� Applicant's Residence: Borough ()u*�9 College: oya� o"Amm/mro: ' / mm Expires On: Appointment Letter: Roster: oe ,� School: Oath o/Office: Financial Disclosure: __ --- Hobbies: hiking, reading, community service Are you currently serving on other Boards, Commissions, or Committees?: No If yes, which: Have you served on a Board Commission, or i i � �« �� ' ' � /�"�/«/�. ` --- -- __� � If yes. which: X v � NOV 1 D 2011 ) �� ""' 1 " ~"'. . - — / 1 , v, !.1;i S. Occter Please list organization memberships and positions held: Kodiak Highschool PTA secretary 3 years Booster Club member, ran the Bears Den and the gate 2 years. Beta Sigma Phi chair of the Armory Christmas Bazaar 3 years Please list areas of special interest: Planning & Zoning Please enter basic resume information below: Married Ben Craig one daughter born here, graduated from Kodiak Highschool last year. attending Furman University Greenville S.C. one dog, working at the coast guard base 4 years in March. Additional Information: Form submitted on: 11/7/2011 12:06 PM Submitted from IP Address: 152.121.19.252 Referrer Page: http: / /www.kodiakak.us /index.aspx ?nid =278 Form Address: http: / /www.kodiakak.us /Forms.aspx ?FID =72 2 leic,i KODIAK ISLAND BOROUGH 1- SS: nit DQWAST�,E k ADM1SORY "B `R . . r 413 , ri[ A�Y�' 4 f , ; n 6 `` .. c... , sw si .-�.: _ NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Robert Baer 2014 486 -8398 942 -2237 942 -2237 kodiakrob(a?gmail.com 2847 Lakeview Drive Kodiak, AK 99615 Cindy Harrington 2013 486 -9488 486 -9488 cindvh(a�alaska.com PO Box 8166 Kodiak, AK 99615 Marion Owen 2013 486 -5079 mvgarden(walaska.net 1223 W Kouskov Kodiak, AK 99615 Lenny Roberson 2013 486 -9444 539 -7172 539 -7172 lenny(c�alaska. net 3130 Spruce Cape Road Kodiak, AK 99615 Nick Szabo (Chair) 2012 486 -3853 654 -3853 herschel(@gci.net PO Box 1633 Kodiak, AK 99615 Construction Business Representative Scott Arndt (Vice Chair) 2012 481 -3745 486 -9745 486 -0500 s1a3745©vahoo.com PO Box 76 481 -3333 (Pager) Kodiak, AK 99615 (Fax) Retail Business Representative Darlene Turner 2012 486 -6390 481 -6390 darlene(a)asmilingbear.com 2046 Three Sisters Way Kodiak, AK 99615 NON - VOTING EX OFFICIOS Assembly Representative Tuck Bonney 539 -2309 tuck.bonney(c�kibassembly.orq PO Box 2265 Kodiak, AK 99615 KIB Staff Representative Mike Patterson 486 -9348 mpatterson(a,kodiakak.us Solid Waste Manager /Environmental Specialist U.S.C.G. Representative Torn Logan, CWO 942 -7562 Thomas .m.logan(Wuscq.mil City of Kodiak Representative 486 -8060 Mark Kozak 486 -8066 mkozak(Wcity.kodiak.ak. us 2410 Mill Bay Road (fax) Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.145 I 04-47Cle r- E E/FDIRECTOR j WOODY KO NING ,i., 486-9343 wkoninq(a�kodiakak.us xaRE +, Ak T H A. Eff SECRETARY MARTHA BAR NETT (TEMP) . 486 -9343 mbarnett@kodiakak.us Y - p 3'. , . z a ENGINEERING FAI CL DE .r + v 4 � t om' :ChM M{ C r a iY ROAD n ROOM 224 '~ k KODIAK +AK 996'15,.,.. Revision Date: 11/2/2012 Revised by: JK KODIAK ISLAND BOROUGH z r f > OFFICE OF THE BOROUGH CLERK I ° �'t 710 Mill Bay Road, Room 101 Kodiak, AK 99615 ' Phone: (907) 486 -9310 Fax: (907) 486 -9391 njavier @kodiakak.us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board /Committee /Commission: g , f- Designated seat or group representation (if applicable) : Co .75- /rvt, 7 , ET Sbi r Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. Name: ,c0.. / r - n Daytime Phone: Residence Address: 3 58 9 s a 7 /_ , , (7 J Evening Phone: 98/ _ 37 S Mailing Address: x 7 6 Cell Phone: y, _ .. 37 vs Email Address: G1 — , a` o Fax Number yRy_ 33 33 _ Length of Residence in Kodiak: V8 y Pa t Registered to vote in Kodiak? Yes No Please provide one of the following: Date of Birth 5 - /95 Last 4 digits of SSN# Employer /Occupation: ,5 // F.� % - d Organizations you belong to or participate in: Explain your main reason for applying: What background, experience, or expertise will you bring to the board /committee/commission membership? Are you available for regular meetings? Yw S Pursuant to KIBC 2.100.070 (A6) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member misses three consecutively held regular meetings and is not excused. Signature of Applicant: , $ C enn# Date: // /I — 10 4.2 A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please be aware that there may be an application deadline. Application deadlines, if applicable, are available on the Borough website at www.kodiakak.us or in the Notice of Vacancy announcements advertised in the Kodiak Daily Mirror _ yv -- �+ i .w r ..r i �r;a _/ . u4.) A( „ STAF,F 11SE,ONLY f,. kits 3rtA e Y _ , U 474 ,i r Registered voter of the Borough Yes tin No ( ) Appointment Letter Date Recgwed (date stamp below) l 'A hcants Residence::Borou h Ci Roster - I I ` L,_: pp g (,� trO NOV 1 2012 j , Date of Appointment - Oath of Office: • to ` Term Expires on APOC POFD Statement Attached ( ) On File ( ) 9 '� R KODIAK ISLAND BOROUGH r ' : OFFICE OF THE BOROUGH CLERK tpi = 4' 3 , Y 710 Mill Bay Road, Room 101 , ` Kodiak, AK 99615 Phone: (907) 486 -9310 Fax: (907) 486 -9391 njavier @kodiakak.us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board /Committee /Commission: 6a /0 W,45T1 4pv/sentr era4417 (514✓ ) Designated seat or group representation (if applicable) : Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. Name: /V S e0 Daytime Phone: 7 1 ? & 3g-6 Residence Address: /g/ 7 /`` z swt Evening Phone: Mailing Address: 47 6,, Jb 3 ? Cell Phone qp7_ 4.15-1 _ 18-6- Email Address: / 7 s i d e l e 4c / f Fax Number: / 9o7 I,ca, -3 Length of Residence in Kodiak: V . ( yas Registered to vote in Kodiak? am No Please provide one of the following: Date of Birth //t / /'sC3 Last 4 digits of SSN# Employer /Occupation: 6 1Ade. 7 SIP/ -/ Sgs'aS Organizations you belong to or participate in: K a/zap( ' t / . , K omf ei,.aS, 4&niz'.Q f4A'*s 5 '/ r tt' / IL :.L✓" £r. 'tie s . L,G &. . t__.'_.. •1L/ , ZIP :4 i..el ft. : r.' /°. i L Explain your main reason for applying:x iinz,47 ti /u>£ ro Lea'T wct iii y wv'igt y. >tri/ rAii .j,Q re;' 50t0 AAsSre nifi"- 4�..tpfE.vr What background, experience, or expertise will you bring to the board /committee /commission membership? a iii J i i J i v r . .7 / , i 1 . t _e' /0' /✓/.;i -44r 0__ Are you available for regular meetings? r Pursuant to KIBC 2.100.070 (A 6) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member misses three consecutively held regular meetings and is not excused. Signature of Applicant: , / , 0 Date: O A resume or letter of interest may b lathed, but i t required This application will be kept on file r or) qar. {PI be _aware ' that there may be an applicati deadline_ AI). cation deadlines, if applicable, are available th_eB_o_ roug at vr:rw. kodiakak_us or in the Notice of Vacancy announcements advertised in the Kodiak Daily M,,r . _; r ` . _ - o � n _ � � � - �` — '7 1 � F �, a y ✓rp' U a te* r „ - >,vp r ata, .y = ,u z v s „ 6 +1 s . s s - s a q " ,,, gw z - - _$r(AFF l a ONLY t -.a i : z Pl: N @U 1 � ,012 .�r � : �" • Registe ed voter of the Borough Yes (V Noy) Appointment Letter. Date Received (d stamp below) Applicants Residence Borough ( ) City t `r Roster -.._ _ i int ru v . Date of Appointment - Oath of Office: r , t IJ (t -( r1 t R t" ti [ Tein Expires on ' APOC POFD Statement: Attached ( ) On He ( M �` , t4zrAS KODIAK ISLAND BOROUGH AGENDA STATEMENT ,aa REGULAR MEETING OF: JANUARY 3, 2013 ITEM NO.: 13.D.2 TITLE: Assembly Appointments to the Citizens Board of Equalization, Monashka Bay Road Service Area Board, and Mission Lake "Tide Gate" Service Area Board. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Applications received for various board, commissions, committees seats. APPROVAL FOR AGENDA • SUMMARY STATEMENT: ASSEMB NW. ENTS ,, � �,,, ,;09 11 4., EAPPLICA_NTS r pm N Citizens Board of Equalization (Two seats) Mark Anderson (11/07/12) Incumbents: Mark Anderson and Cheryl Boehland Mission Lake "Tide Gate" Service Area Board (Two Al Burch (11/06/12) seats) Incumbent: Al Burch and a vacant seat Monashka Bay Road Service Area Board (Two seats) Steve Steffensen (11/29/12) Clerk's note: Original advertising reflected a deadline for applications by Friday, November 18, 2011. Having not received applications for all the open seats, the deadline was extended to Friday, December 7 for the unfilled seats. There are currently two vacancies on the Monashka Bay Road Service Area Board. The application received from Mr. Steve Steffensen was provided to the board for review and consensus of the board was to recommend that the Assembly appoint Mr. Steffensen to one of the vacant seats for a term to expire October 2015. RECOMMENDED MOTION: Move to confirm the Assembly appointments to the various boards, committees, and commissions as indicated. Kodiak Island Borough Page 1 of 1 ,a s ' . KODIAK ISLAND BOROUGH W '� �- Z=tCITI'ZENS BtOAAR O EQUA LIZATION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Mark Anderson 2012 486 -3377 486 -7950 mandersonfnbalaska.com 1124 Stellar Way Kodiak, AK 99615 Cheryl Boehland 2012 486 -3480 539 -8529 cherylboehlandf&gmail.com PO Box 8529 Kodiak, AK 99615 Carrie Morton 2013 486 -8877 481 -1044 539 -1235 mortoncCa)residentialmtq.com PO Box 2601 Kodiak, AK 99615 John Parker 2014 486 -3084 486 -3084 toyboxna gci.net PO Box 191 Kodiak, AK 99615 Dan Rohrer 2014 486 -0977 486 -4949 539 -5836 drohrerkodiakak.net PO Box 786 Kodiak, AK 99615 Cheryl McNeil (Alternate) 2013 486 -8415 486 -3100 mcneilmom(a�yahoo.com 2147 Three Sisters Way Kodiak, AK 99615 KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 V ASSESSOR BE BILL'RORTS k '._; 4 486 -9350 broberts@kodiakak.us r BOROUGH CLER N OV A M JAVI 486 -9310 niavier(dkodiakak.us ASSE AV R G DEPARTMENT s OFFICE OF THE BOROUGH CLERK 710 MILNBOAD. t ' a . MILL BAY ROAD Cx ROOM 228 = . +: ROOM 101 tIAK, AK a6 99615 . ' - t KOD KODIAK, AK 99615 Revision Date: 2/28/2012 Revised by: JK a •, s KODIAK ISLAND BOROUGH ff * f {g � •. OFFICE OF THE BOROUGH CLERK I ea; ` I 710 Mill Bay Road, Room 101 'r ' Kodiak, AK 99615 Fruit Phone: (907) 486 -9310 Fax: (907) 486 -9391 njavier @kodiakak.us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board /Committee /Commission: Aare/ o . t,a /i Lit iV o71 Designated seat or group representation Of applicable) : Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. Name: ar A Daytime Phone: - y8 - 795'0 - - -. ,. _ Residence Address: / ;y f ,l�l / W u y Evening Phone: Mailing Address: )» 6 f Cell Phone: Email Address: pyb Q �jU thi4. , con-t Fax Number: Length of Residence in Kodiak: / V /9 Registered to vote in Kodiak? Yes No Please provide one of the following: Date of Birth 7 -3 - 6 O Last 4 digits of SSN# Employer /Occupation: f 5j f" /va ,arrc r picska Organizations you belong to or participate in: A Aar v r eAam4r/ / 49wpretl 4; Lea r) Explain your main reason for applying: /ien'4 / What background, experience, or expertise will you bring to the board /committee /commission membership? Z -0- • yea rf off" Pus nc35 4 re4 Cs h ale- er gx , /1z _. _. Are you available for regular meetings? /� Pursuant to KIBC 2.100.070 (A.6) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member misses three consecutively held regular meetings and is not excused. Signature of Applicant: ,„ s -�.� Date: 7 A resume or letter of interest may be attached, but is not required. This application will be kept on file for on year. Please be aware that there may be an application deadline. Application deadlines, if applicable, are available on the Borough website at www.kodiakak.us or in the Notice of Vacancy announcements advertised in the Kodiak Daily Mirror � ' ' \ y i n vv x ' ` ti 4 :.'f F .SE ONLY .na .� . -U x -- a- .�iF r �,a� w s teno f the r o e s d_ p oi Pe tt " ^L § i i Date firi d Y {date stam'belo I I i' • R egistered voter o Yes ,No ) Appntmentlet e ,,, _ .. X ¢ 7 a T i . a „„s„,.....,, `,g am 7 �✓ . n�+C,a ”' .., '''3`s :'`tisM u fi la ,,. ,; "'c e z `,t �rA� pz r'7a a s. .tom x. s ' P kE#' 1ir 1 '4,. �' F I U { 2 �� r A licant s Residence Borou h �Cit ( Roster ' - _ `+� " ` ' ` 6 I0 & r .' i s ,:,,.' -z44 f aS., *:.u3 v 9 P" go # zC, r i r.1 } z i t 1: t r -`is i ,�.. r e "p t; sa�. x rf �,:�.{ ;<I E 'x ,s "Y �.s x zt-' Lai � w� +, x� : r� y i � w 'Date of Appointment x ' - - i Oath of Office: �' '� , '.`' a4,40 '"r } � *3u ' " Ter Ex pires o n � ', '; n 'e �` } r t e L x APO O D S at l he d (. O .i ;,F ( a'. e ,. 1 v F _ . r ei ieleF - "`' KODIAK ISLAND BOROUGH F M SS`h,O)IIA E, "TI ".:SERVICE AREA BOARD NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Al Burch 2012 486 -5238 486 -3910 alaska(cilptialaska.net PO Box 884 Kodiak, AK 99615 Marian Johnson 2013 486 -5171 kearn@,gci.net PO Box 945 Kodiak, AK 99615 Vacant 2011 This board is governed by the Kodiak Island Borough Code 4.130 E DIRECTOR; WOODY KONING 486-9343 wkoningc kodiakak.us . 4i ENGINEERING AND DEPARTMENT a4 ' a D' u x MILL 8AY ROAD . eX Ea OM224 KODIAK AK 99615 Revision Date: 12/3/2010 Revised by: JK =`! 'pr Kodiak Island Borough g * 4,r .. Office of the Borough CZ .� + 4r 710 Mill Bay Road ilD E u F -------- W. , , Kodiak, Alaska 99615 ne ,, �� Phone (907) 486 -9310 Fax (9 77) 8 -9 3��N 8 2010 EMAIL: n'avier • kodiaka us , BOARD APPLICATION 0; OUCN CLERK'S F �E NAME: et P V 4' HOME PHONE: g - t 5e78 p WORK: 4'0 09/ CELL NO: 1 1 - 5Th Fir f1 iv dCLa- G /aSka./l I t_ E -MAIL: i ir e W 4 p ,4ndetcS6Y1 1 ! \ STREET ADDRESS: £, a� I NOV r urnr 1 6 �rn� ! ,� t f..=� Pc SOX 88 MAILING ADDRESS: ( LENGTH OF RESIDENCE IN KODIAK: IN ALASKA: Ii IOROi GI - i CLERK'S OFFICE f ARE YOU A REGISTERED VOTER IN KODIAK? YES (vr I NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES 4/ NO ( ) COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: ,9 p� n n AREA OF EXPERTISE AND /OR EDUCATION: I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. ASS/ O» lt.ke, i�4P 2. 3. c cS e- t 4re� 4. fl� Al BCthC� a te resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. - STAFF USE ONLY - Voter ID No Verified By: Documentation: Appointment Letter Applitanrs Residence', Bor h ( C ity ( I Roster Date Appointed: Oath of Office : Term Expires on Finenoel Dsdosure: Comments: R P PDlHTY"A KODIAK ISLAND BOROUGH •S AMt®'NrAS;H B A D K *A' RO SERVICE AREA BOARD NAME TERM HOME WORK EMAIL PHONE PHONE Chaz Glagolich 2014 486 -6930 486 -6930 chazman(a.ptialaska.net PO Box 2826 539 -6930 Kodiak, AK 99615 (Cell) Thomas Lance 2013 486 -5044 486 -5044 sprucegardens(cDalaska.net 1338 Mountain View Drive Kodiak, AK 99615 Darlene Turner (Chair) 2013 486 -6390 481 -6390 darlene(c�asmilingbear.com 2046 Three Sisters Way Kodiak, AK 99615 Vacant 2015 Vacant 2015 This board is governed by Kodiak Island Borough Code 4.60 Revision Date: 10/30/2012 Revised by: JK � r KODIAK ISLAND BOROUGH OFFICE OF THE BOROUGH CLERK ° }; 710 Mill Bay Road, Room 101 Kodiak, AK 99615 e 0. Phone: (907) 486 -9310 Fax: (907) 486 -9391 njavier @kodiakak.us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board /Committee /Commission: {A/k_ °`t „Car k ( � Designated seat or group representation (if applicable) : Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. ( / Name: S v .� Daytime Phone: t(fG V`IOc Residence Address: ( ( 0 � �r Q(' w �v . Evening Phone: - WI- 3 3 Mailing Address: S c r- e, D .Th Cell Phone: S / 2 -- 7o Y D Email Address: KCS p r c I ( � j < con-'. Fax Number: c. j✓✓ y G / Length of Residence in Kodiak: - 3o a, / 3 Y r s / r, /r., c Registered to vote in Kodiak? (11 No Please provide one of the following: Date of Birth / ,F / 3 / /i`SG Last 4 digits of SSN# Employer / Occupation: <<�'/ a l< Ch • .r1, ch ce % /arfr „ ' . / 4'fA(°:k1).fr l c'v Organizations you belong to or participate in: / Explain your main reason for applying: Z Cr n s � t � / fG c _ k -C_ c( Z J.( (<` lc_ c What background, experience, or expertise will you bring to the board /committee /commission membership? r 5 Cx IL i�-- �t'Z: V' k,: . . E . �F-f • / s Y r C . c�'U c o -r::� -to v1 °t S I- ci o tJ < b 1 , : r (c S Are you available for regular meetings? Y-e-f Pursuant to KIBC 2.100.070 (A.6) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member misses three consecutively held regular meetings and is not excused. / ))) // Signature of Applicant: % 1, Date: / I - Z c -26 / Z A resume or letter of interest mtybe attached, but is not r; .Tired. This application will be kept on file for one year. Please be aware that there may be an application deadline. Application deadlines, if applicable, are available on the Borough website at www.kodiakak.us or in the Notice of Vacancy announcements advertised in the Kodiak Daily Mirror. •,,. a3 %£ T t f"r - !'te.:: t < ?S, . s. }.,: ... .. a ..r r:i• ,1 t , _LL'SU r °:I'r+ :' -STAFF USE'ONLY -' - Registered voter of the Borough: Y' M No ( ) Appointment Letter. Date Received: (date stamp below) +g Applicant's Residence: Boro gh City ( ) Roster 1:C1.1 '' Date of Appointment: ..r •aVI • Oath of Office: _ Term Expires on: APOC POFD Statement: Attached ( )0n File ( ) KODIAK ISLAND BOROUGH it' «ell 7 t1; AGENDA STATEMENT REGULAR MEETING OF: JANUARY 3, 2013 ITEM NO.: 14.A TITLE: Findings of Fact for the Board of Adjustment's Decision Reversing in Part the Planning and Zoning Commission's Decision on Case 13 -006 Denying the Request of a Variance by Providing for 20 Parking Spaces Designated for Five Retail Parking Spots, Five Container Parking Spots, and Ten Tandem Parking Spots on the Pacific Seafood's Lot. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Findings of Fact APPROVAL FOR AGENDA: c o v i_ SUMMARY STATEMENT: The Board of Adjustment heard its hearing on this case on December 6, 2012 and postponed the adoption of findings of fact to January 3, 2012. At the time this agenda statement is drafted, the Assembly is scheduled to meet in a Work Session on December 27, 2012 to finalize its findings of fact Per KIBC 17.225.080C. The board of adjustment's decision affirming or reversing the decision of the commission shall be mailed to the parties to the appeal within 10 working days after the appeal decision and approval of findings of fact. Per KIBC 17.225.100. Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal that decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. RECOMMENDED MOTION: Move to adopt the findings of fact as presented. Kodiak Island Borough Page 1 of 1 ' ', . Kodiak Island Borough ' Office of the Borough Mayor , 710 Mill Bay Road irk. Kodiak, Alaska 99615 7 e1 Phone (907) 486 -9310 Fax (907) 486 -9391 e. tip ,d T`, `,. BOARD OF ADJUSTMENT DECISION ISLAND FISH COMPANY, LLC, CASE 13 -006 The Kodiak Island Borough Assembly, acting in its capacity as the Board of Adjustment (the "Board ") per KIBC 17.225, reverses the decision of the KIB Planning and Zoning Commission regarding the Commission's denial of a parking variance in Case 13 -006. After holding an appeal hearing on December 6, 2012, the Board hereby adopts the following findings of fact and conclusions of law that are based on substantial evidence or testimony contained in the public record for this case on appeal and also based on relevant sections of the Kodiak Island Borough Code (KIBC). The findings of fact below are provided here in accordance with KIBC 17.195.050.A, Subsections 1 through 6: A. Approval. If it is the finding of the Commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; There are exceptional physical circumstances and conditions. Tracts N298 and N268 are tideland lots and there are several places.in the record, at pages101, 95, 126, and 220, where aerial imagery shows that the appellants site does have exceptional circumstances or conditions. These images show a substantial portion of tracts in question to be usable because substantial portions of the tracts are tidally inundated. This physical circumstance results in about half of the combined tracts being underwater. Case 13 -006 Final Decision Page 1 of 5 In terms of the intended use of the tracts for "waterfront industry," a use which KIBC 17.105.040.D exempts from the normal industrial yard setback requirements, these tidally inundated portions of Tract N298 and N268 cannot be used for either seafood processing activities or for off - street parking which activities both require an upland location that is not subject to tidal inundation. As indicated on the aforementioned aerial imagery, other waterfront industrial tracts have substantially greater coverage of the tideland tracts comprising those waterfront industrial sites. Based on the foregoing, the standard has been met. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The strict application of KIBC 17.175.040 to require 21 off - street parking spaces would result in practical difficulties with regard to the operation of a seafood processing plant. The appellant has testified that the plant was built to provide a maximum of 18 off - street parking spaces. In the words of the appellant, the potential relocation off -site of essential storage to free up the required parking area for 21 spaces would "severely restrict the operational capabilities of the plant and create extreme hardship. The plant must have the ability to offload and sort fish or it cannot function." The record is replete of the difficulty to get all of these parking spaces onto the appellant's tideland tracts. While the Board has not granted the relief specifically requested by the appellant, it has adjusted down to 20 the number of required off- street parking spaces which is within the margin of acceptable rounding error for parking space calculations based on the zoning compliance calculation of 20.26 required off - street parking spaces. In addition, the ability to determine what nonresidential uses may be permitted to use tandem (off- street parking) spaces, per KIBC 17.175.080.J, falls within the discretion of the code to be determined. In this case, the Board has determined that waterfront industries in general, and seafood processing in particular, are uses that customarily park in tandem fashion at least so far as employee parking is concerned. Therefore, the grant of 10 spaces to be utilized in tandem configuration should provide adequate flexibility to equate with the 18 off - street parking spaces that the appellant has testified that the plant is fully capable of supporting by express design. Based on the foregoing, the standard has been met. Case 13 -006 Final Decision Page 2 of 5 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; The record on appeal does not present evidence that rises to the level of material damage or prejudice to other properties in the vicinity, nor does it raise health, safety or welfare issues. The very nature of a variance is to grant a particular property owner relief from otherwise binding code requirements that apply to other neighboring properties. This circumstance itself cannot be relied upon as demonstrating the existence of "material damage or prejudice" to those other properties. The record on appeal contains some evidence that Pacific Seafood employees are improperly parking on other private properties in the vicinity of the subject parcels without consent of the owners (e.g., pages 122 - 23/275 of the appeal record). It is unclear, however, how the association of the offending vehicles with Pacific Seafoods employees was established. Furthermore, it is not clear that such illegal parking in necessarily attributable to the lack of parking on the Pacific Seafoods tracts. There is no evidence in the record as to suggest number of employees employed by Pacific Seafoods on any particular shift. The relief granted by the Board is specific in that it requires the appellant to provide 20 off - street parking spaces; however, the motion goes further to specify the composition of said parking. By requiring a balance of five (5) customer parking spaces, five (5) loading berth spaces and ten (10) tandem parking spaces (for employee and management parking only), the granting of the variance will not damage or prejudice other properties in the vicinity. In this manner, the decision of the Board will promote the public's health, safety and general welfare to the greatest degree possible. Based on the foregoing, the standard has been met. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. Based on the appeal record, it appears that both the Commission and the appellant have no disagreement on this standard. Based on the foregoing, the standard has been met. Case 13 -006 Final Decision Page 3 of 5 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and On the surface it would appear that the applicant may have caused a financial hardship or inconvenience from which relief is being sought by variance if the case were considered solely on the basis of the number of spaces required in support of waterfront industrial use. It was discussed at length during the appeal hearing how seafood processing plants are a unique important use in the context of the Kodiak community and economy. The zoning compliance permit record indicates several recent attempts by the appellant to bring the property into conformity with the ostensible parking requirements through the calculation of total parking spaces required. In the end it was not possible for the applicant to maintain the required off - street parking as indicated in those permits. In tendering the appeal to the Board the appellant did offer an alternative solution to the original variance. The alternative offered, would have relied partly on relief from the number of off - street parking spaces and also upon relief from the dimensional parking and maneuvering requirements provided for in KIBC 17.175.080 and 17.175.090. The relief granted by the Board of 20 off - street parking spaces falls within the acceptable rounding error of the original parking calculation of Zoning Compliance No. CZ2012 -079. This permit calculated 20.26 required parking spaces which staff rounded up to 21 required off - street parking spaces. This Board however, has instead rounded this number down to 20 off - street parking spaces as a reasonable alternative application of discretion. The additional grant to allow 50% of the required 20 spaces to be tandem spaces is another exercise of discretion by this board in the interpretation of KIBC 17.175.090.D which provides for discretion in the application of tandem parking rules to uses which customarily park in this fashion. Substantial deliberations on the record indicate that tandem parking is a customary parking pattern for the employees of seafood processing plants. Based on the foregoing, the standard has been met. 6. That granting the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. Based on the foregoing, the standard has been met. Case 13 -006 Final Decision Page 4 of 5 By (unanimous ?) decision, the Board finds that Island Fish Company, LLC has presented sufficient facts to support a variance, consistent with the findings set forth in this decision. Any person aggrieved by this final decision may appeal to the Kodiak Superior Court within 30 days from the date of this decision. KIBC 17.225.100 Dated this day of January 2013. KODIAK ISLAND BOROUGH BOARD OF ADJUSTMENT Jerome Selby, Chair Case 13 -006 Final Decision Page 5 of 5 Kodiak Island Borough Assembly Regular Meeting Guidelines January 3, 2013, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Bonney who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting Minutes of December 6 and Special Meeting Minutes of December 13, 2012. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting of December 6 and the Special Meeting of December 13, 2012. PLEASE ANNOUNCE: Slop: 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 January 3, 2013 Page 1 6. AWARDS AND PRESENTATIONS A. National Stalking Awareness Month Proclamation — Mayor Selby • Accepting: Sandra Wilkins, Kodiak Womens Resource and Crisis Center 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 Kulluk Drill Rig Update- Mr. Peter Slaiby, VP with Shell Oil and Mr. Jerald Woloszynski, United States Coast Guard Captain. 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2013 -18 Certifying the FY2013 Shared Fisheries Business Tax Program Application To Be True and Correct. Recommended motion: Move to adopt Resolution No. FY2013 -18. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 3, 2013 Page 2 2. Resolution No. FY2013 -19 Adopting a 2013 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. Recommended motion: Move to adopt Resolution No. FY2013 -19. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2013 -20 Accepting the Recommendation of the Planning and Zoning Commission by Approving the Disposal of a Portion of Lot 1A, Block 6, Miller Point Alaska Subdivision and a Portion of Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, Comprising Approximately 19,500 Square Feet, as Land That is Surplus to the Public's Need and Subject to Disposal by Direct Negotiation for Fair Market Value. Recommended motion: Move to adopt Resolution No. FY2013 -20. Staff Report — Administrative Official Cassidy Recommended motion: Move to amend Resolution No. FY2013 -20, Line 56 by striking out the words "and there will be a plat note that the new lot shall not be divided." Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. C. Ordinances for Introduction 1. Ordinance No. FY2013 -11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures to Make Information About Borough Contracts More Readily Available to the Public and Other Related Matters. Recommended motion: Move to adopt Ordinance No. FY2013 -11 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 3, 2013 Page 3 D. Other Items 1. Confirmation of Mayoral Appointments to Various Boards, Commissions, and Committees. Recommended motion: Move to confirm the Mayoral appointments to the various boards, committees, and commission for three year terms as follows: Architectural /Engineering Review Board Cliff Ford Parks and Recreation Committee Jeff Huntley Helm Stewart Patrick Saltonstall Planning and Zoning Commission Rick Vahl (Borough Seat) Kathy Drabek (City Seat) Solid Waste Advisory Board Scott Arndt (Const/Bus. Rep.) Nick Szabo Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Assembly Appointments to the Citizens Board of Equalization, Monashka Bay Road Service Area Board, and Mission Lake "Tide Gate" Service Area Board. Recommended motion: Move to confirm the Assembly appointments to the various boards as follows: Citizens Board of Equalization Mark Anderson Mission Lake Tide Gate Al Burch Service Area Board Monashka Bay Service Area Board Steve Steffensen Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Mayor Selby will recess the regular meeting and convene the Board of Adjustment. Continued on next page... Kodiak Island Borough Assembly Guidelines January 3, 2013 Page 4 14. BOARD OF ADJUSTMENT A. Findings of Fact for the Board of Adjustment's Decision Reversing in Part the Planning and Zoning Commission's Decision on Case 13 -006 Denying the Request of a Variance by Providing for 20 Parking Spaces Designated for Five Retail Parking Spots, Five Container Parking Spots, and Ten Tandem Parking Spots on the Pacific Seafood's Lot. Recommended motion: Move to amend the motion adopted at the December 6, 2012 regular meeting to Reverse in Part the Planning and Zoning Commission's Decision on Case 13 -006 DENYING the Request of a Variance, according to KIBC 17.195, reducing the required off- street parking from 22 spaces according to KIBC 17.175.040 (Appellant: John Whiddon) to 20 spaces with the designation of five retail spaces, five container spaces, and ten tandem parking spaces by striking "Reverse in Part" and inserting "Reverse in Whole ". Clerk's Note: Attached on yellow paper are the Findings of Fact. Staff Report — Administrative Official Cassidy Board discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO AMEND THE MOTION PREVIOUSLY ADOPTED AT THE REGULAR MEETING OF DECEMBER 6. Recommended motion: Move to adopt the findings of fact as presented. Board discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO ADOPT THE FINDINGS OF FACT AS PRESENTED. CHAIR OF THE BOARD (Mayor Selby), please announce that a WRITTEN DECISION WILL FOLLOW. The date on the written decision is used for further appeal. Kodiak Island Borough Section 17.225.100 Judicial Review states: Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal the decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. Mayor Selby reconvenes the regular meeting. Kodiak Island Borough Assembly Guidelines January 3, 2013 Page 5 15. 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 16. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Assembly and City Council will hold a Joint Work Session on Tuesday, January 8 at 6:30 p.m. in the Borough Assembly Chambers. The Borough Assembly will meet on Tuesday, January 15, at 6:30 p.m. in the Borough Conference Room to discuss the Kodiak Island Borough Strategic Plan. The next Assembly work session is scheduled on Thursday, January 10 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, January 17 at 7:30 p.m. in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 3, 2013 Page 6 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular (/ Special Date: O(4nI(3 -(1.3 Convened: Recessed: Reconvened: G BY: BY: }W � BY: Gi r ( BY: l( i 1 i� (� BY: P1144 Paik— SECOND: SECOND: K s \ ontftiv SECOND: SECOND: Nati SECOND: boat 07,0 ogp / X 12)- i 0 YES NO YES NO YES NO : ; YES NO YES" NO Ms. Austerman ✓ Ms. Austerman Ms. Austerman Ms. Austerman# Ms. Austerman Mr. Bonney ✓ r. :. r:y A 1 • • p -. •:, pr e.• _ Mr. Griffin ✓ Mr. Griffin Mr. Griffin Mr. Griffin V Mr. Griffin V Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch , / Ms. Lynch V Mr. Stephens V Mr. Stephens Mr. Stephens Mr. Stephens V , / Mr. Stephens V Ms. Stutes `/ Ms. Stutes Ms. Stutes Ms. Stutes V , / Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE` _ TOTAL: TOTAL: TOTAL: TOTAL: ( 0 TOTAL: & 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby ✓ Mayor Selby Mayor Selby Mayor Selby Mayor Selby /Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Date: l/ (U�l2 Convened: Recessed: Reconvened: Adjourned: ,� (� BY: � N ink.) BY: ��1,� " ""„�Q,� J BY: G ) BY: BY: � 'n t,cL SECOND: C� SECOND: j �� "" }tau SECOND: 1 � SECOND b kifi t k. SECOND:. gnu . k 9C:74kkS [4 11411D WATI .mot ,�i d y OWN - �� b ' � , L 4 0,0 - 44 ► a� Ck OW �� o b YES, NO YES 'NO YES N_O YES NO YES NO Ms. Austerman V , / Ms. Austerman / Ms. Austerman ✓ Ms. Austerman , / Ms. Austerma , ,.:. ray r :• n v . .:. e 1 � . : -r, . v ' .• ,; • V Mr. Griffin ✓ Mr. Griffin ✓ Mr. Griffin ✓ Mr. Griffin ✓ Mr. Griffin / V Mr. Kaplan a( ` Mr. Kaplan 4 ✓ Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan V Ms. Lynch v / Ms. Lynch 1 Ms. Lynch , / Ms. Lynch t / Ms. Lynch V / Mr. Stephens V , / Mr. Stephens v � Mr. Stephens v ✓ Mr. Stephens E/ . / Mr. Stephens V ✓ Ms. Stutes V Ms. Stutes / Ms. Stutes ✓ Ms. Stutes 4 V Ms. Stutes ✓ CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?� 'L a TOTAL: ( TOTAL: D TOTAL: 4 ` J TOTAL: (p 0 TOTAL: (St 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET J Regular v Special Date: 0[10-013 Convened: A) Recessed: Reconvened: Adjourned: BY: C;t tz, t' } -�1' - `� I ' BY: BY: BY: , , it BY: gel SECOND: p 04.0 SECOND: - SECOND: SECOND: SECOND: Udif‘J (Zryke.n (tAs) 'PDX' - 1 0(14\ e tA Ni Qbk v\k 14 ik4:04:-) duUr C out • I ' cSI‘' O Ur _ YES NO YES NO - YES NO YES NO YES NO Ms. Austerman Ms. Austerman Ms. Austerman ✓ Ms. Austerman ✓ Ms. Austerman Mrn 6oyrme n , /1 A r :on•- r 1. -y Jir.:•r e ■ . B.• e Mr. Griffin "S ✓ V l Mr. Griffin Mr. Griffin / Mr. Griffin , / Mr. Griffin Mr. Kaplan Mr. Kaplan / Mr. Kaplan (/, / Mr. Kaplan V j Mr. Kaplan Ms. Lynch :. i■/' ,•r` / Ms. Lynch c Lynch '/ , / Ms. Lynch Mr. Stephens 1 7 Mr. Stephens V Mr. Stephens //Ms. Mr. Stephens ✓ Mr. Stephens Ms. Stutes ✓ Ms. Stutes 7 Ms. Stutes Ms. Stutes J Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE' CHANGE OF VOTE 1 TOTAL: L ( TOTAL: 7 TOTAL: j, TOTAL: (01- TOTAL: The mayor may' not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: AL, 3 co I3 Please PRINT your name Please PRINT your name ,e7 6 46,7 wio? <:\ <C , r ,\Y