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2013-02-07 Regular Meeting Kodiak Island Borough
Assembly Regular Meeting Agenda
Thursday, February 7, 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. * Special Meeting of December 27, 2012 and Regular Meeting of January 3, 2013.
6. AWARDS AND PRESENTATIONS
A. Student of the Month Award — December 2012 and January•2013
B. Teen Dating Violence 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
A. Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of
ADL 44355 From a Combination of PL- Public Use Zoning District and C-
Conservation Zoning District To I- Industrial Zoning District (Case 13 -012).
B. Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite
Subdivision From R1- Single Family Residential Zoning District To UNC- Urban
Neighborhood Commercial District (Case 13 -008).
C. State of Alaska Alcoholic Beverage Board Liquor License Application for Transfer of
Ownership, Transfer of Location, and Name Change (Licensee /Applicant: Kodiak
Inn, Inc., D.B.A. Kodiak Harbor Convention Center).
D. Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing Regarding the
Issuance by the Borough of its Long -Term Care Center Revenue Bonds.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments
and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 3
12. UNFINISHED BUSINESS
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2013 -17 Approval of Professional Services Agreement for
Project Management for the Kodiak High School Addition and Renovation
Project.
2. Contract No. FY2011 -21 #3 Amending Contract No. FY2011 -21 Architectural
Design Services for the Kodiak High School Renovation Project to Provide for
an Onsite Observer.
3. Contract No. FY2013 -11 Providing General Contractor /Construction Manager
Services for the Kodiak Long Term Care Facility and Authorizing a Partial
Notice to Proceed for the Site Cleaning Portion of the Contract.
B. Resolutions
1. Resolution No. FY2013 -22 Adopting the Kodiak Island Borough Strategic
Plan for the Years 2013 -2017.
2. *Resolution No. FY2013 -23 Establishing the Date for the Citizens Board of
Equalization Hearings for the Year 2013 and Establishing the Date When
Taxes Become Delinquent.
3. Resolution No. FY2013 -11 Authorizing a Lease With Providence Health and
Services for the Operation of a Long -Term Care Facility.
4. Resolution No. FY2013 -13 Providing for the Issuance of Long -Term Care
Center Revenue Bonds (Providence Kodiak Island Medical Center) in the
Principal Amount of Not to Exceed $20,000,000 for the Purpose of Providing
Funds to Finance, Design, Acquire, Construct, and Equip a Long -Term Care
Center in the Borough and to Do All Things Necessarily Incidental Thereto,
Fixing Certain Covenants Regarding the Payment of the Principal of and
Interest on the Bonds; Providing That Additional Long -Term Care Center
Revenue Bonds May Be Issued on a Parity With Such Bonds Upon
Compliance With Certain Conditions; Authorizing the Execution and Delivery
of the Necessary Financing Documents In Connection Therewith; and
Providing the Form and Term of the Bonds.
5. Resolution No. FY2013 -24 Supporting the Alaska Fire Chiefs Association Self
Contained Breathing Apparatus 2013 Legislative Capital Project.
C. Ordinances for Introduction
1. Ordinance No. FY2013 -09 Amending Kodiak Island Borough Code of
Ordinances Title 15 Buildings and Construction Chapter 15.10 Building
Codes and Chapter 15.30 Fire Code to Standardize the Kodiak Island
Borough and the City of Kodiak Building Codes.
D. Other Items
1. Waive and Release All Attorney - Client Privileged Documents With Respect to
the Borough's Contract with Kodiak Construction Services (KCS). •
2. Approval of the Planning and Zoning Commission By -Laws Amendment.
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments
and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Paoe 2 of 3
3. *State of Alaska Alcoholic Beverage Control Board Request for Renewal of
Liquor License Application for the Mecca Lounge. Licensee /Applicant: Mecca
Inc.
4. *Confirmation of Mayoral Appointments to the Architectural /Engineering
Review Board and Parks and Recreation Committee. (Robert Barton and
Michael Scalzo)
5. *Confirmation of the Personnel Advisory Board Appointment. (Curtis Law)
6. *Declaring the ADF &G Advisory Committee Seat Vacant and Confirming an
Appointment to the Salmon /Herring Vessels Seat on the Kodiak Fisheries
Advisory Committee. (Oliver Holm)
7. *Appointment Recommendations to the Providence Kodiak Island Service
Area Board. (Ranney and Saupe)
8. *Declaring a Seat Vacant on the Planning and Zoning Commission. (Brent
Watkins)
14. BOARD OF ADJUSTMENT
A. Findings of Fact for the Board of Adjustment's Decision Reversing in Whole 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. Parks and Recreation Committee Regular Meetings of September 25,
October 9, October 23, October 30, November 13, and December 14, 2012.
2. Planning and Zoning Commission Regular Meetings of November 21 and
December 19, 2012.
3. Solid Waste Advisory Board Regular Meeting of November 13, 2012.
4. Womens Bay Service Area Board Regular Meeting of December 4, 2012.
B. Reports
1. Kodiak Island Borough October 2012 Financial Report.
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments
and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 3 of 3
Kodiak Island Borough
Assembly Regular Meeting Agenda
Thursday, February 7, 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
s on
by the Assembly and will be approved bye'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. r ) „= is
5. APPROVAL OF MINUTES s ,ia }
A. Special Meeting of December 27, 201i2`and Regular Meeting of•January 3, 2013.
s \
6. AWARDS AND PRESENTATIONS;` 14, Nrb,,
A. Student of the Month Award '�December,2012 a d January 2013
B. Teen Dating Violence Awareness Mon
1 :.4k 1
7. CITIZENS COMMENTS (Limited to Three9Mmutes per Speaker)
A. Agenda Items Not Scheduled for Public Hearing and General Comments
kk
8. COMMITTEE�REPORTS'
'
net
9. APUBLIC HEARING '
AZOrdinance No. N F,Y2013 13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of
t '
ADL3,44355 Fromt.,a Combination of PL- Public Use Zoning District and C-
Conservation Zoning'Bistrict To I- Industrial Zoning District (Case 13 -012).
B. Ordinanc FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite
SubdivisionFromrR1`-'Single Family Residential Zoning District To UNC- Urban
Neighborhood Cmercial District (Case 13 -008).
C. State of Alaska` coholic Beverage Board Liquor License Application for Transfer of
Ownership, Transfer of Location, and Name Change (Licensee /Applicant: Kodiak
Inn, Inc., D.B.A. Kodiak Harbor Convention Center).
D. Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing Regarding the
Issuance by the Borough of its Long -Term Care Center Revenue Bonds.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments
and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Pape 1 of 3
12. UNFINISHED BUSINESS
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2013 -17 Approval of Professional Services Agreement for
Project Management for the Kodiak High School Addition and Renovation
Project.
2. Contract No. FY2011 -21 #3 Amending Contract No. FY2011 -21 Architectural
Design Services for the Kodiak High School Renovation Project to Provide for
an Onsite Observer.
3. Contract No. FY2013 -11 Providing General ^ontractor /Construction Manager
Services for the Kodiak Long Term Care cility and Authorizing a Partial
Notice to Proceed for the Site Cleaniortion of the Contract.
B. Resolutions
1. Resolution No. FY2013- 22/A.dopting the Kodiak 'Island Borough Strategic
Plan for the Years 2013 - 2017.
2. *Resolution No. FY2013- 23cEstablishing,the Date for'the Citizens Board of
Equalization Hearings for the Year 2013 and Establishing the Date When
Taxes Become Delinquent.
3. Resolution No. FY201!3 - Author>�g a ase With Providence Health and
X
Services for the Ope ati n of a'.Long -Term Care Facility.
4. Resolution No FY2013 13 Providing for the Issuance of Long -Term Care
� : 1
Center .Revenue enue Bonds (Providence Kodiak \ Island Medical Center) in the
Principal Amount of Not to Exceed'$20;000;000 for the Purpose of Providing
. c , ,; r`/
Funds�to Finance Design Acquire Construct, and Equip a Long-Term Care
Center in the Borough and to Do All Things Necessarily Incidental Thereto,
"_F.ixing Certain Covenants Regarding the Payment of the Principal of and
- Interest on` the Bonds4royiding /That Additional Long -Term Care Center
Revenue B ns d May Be Issued on a Parity With Such Bonds Upon
'? Complia e With Certain Conditions; Authorizing the Execution and Delivery
P' of the Necessary Financing Documents In Connection Therewith; and
Providing theForm and Term of the Bonds.
5.
4 \ k '
kResolution No: FY2013-24 Supporting the Alaska Fire Chiefs Association Self
1
Contained Breathing Apparatus 2013 Legislative Capital Project.
C. Ordinances for; Introduction
1. Ordinance No. FY2013 -09 Amending Kodiak Island Borough Code of
Ordinances Title 15 Buildings and Construction Chapter 15.10 Building
Codes and Chapter 15.30 Fire Code to Standardize the Kodiak Island
Borough and the City of Kodiak Building Codes.
D. Other Items
1. Waive and Release All Attorney - Client Privileged Documents With Respect to
the Borough's Contract with Kodiak Construction Services (KCS).
2. Approval of the Planning and Zoning Commission By -Laws Amendment.
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments
and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 3
3. *State of Alaska Alcoholic Beverage Control Board Request for Renewal of
Liquor License Application for the Mecca Lounge. Licensee /Applicant: Mecca
Inc.
4. *Confirmation of Mayoral Appointments to the Architectural /Engineering
Review Board and Parks and Recreation Committee. (Robert Barton and
Michael Scalzo)
5. *Confirmation of the Personnel Advisory Board Appointment. (Curtis Law)
6. *Declaring the ADF &G Advisory Committee Seat Vacant and Confirming an
Appointment to the Salmon /Herring Vessels Seat on the Kodiak Fisheries
Advisory Committee. (Oliver Holm)
7. *Appointment Recommendations to theTrovidence Kodiak Island Service
Area Board. (Ranney and Saupe)
8 *Declaring a Seat Vacant on the < ,Planning and Zoning Commission. (Brent
Watkins) d'
14. BOARD OF ADJUSTMENT
A. Findings of Fact for the Board ofbAdjustment's Decision Reversing in Whole the
Planning and Zoning Commission's Decision on Case 13-006 Denying the Request
of a Variance by Providing for 20 Parking,Sp es Designatedfor Five Retail
Parking Spots, Five C to a irier, P arking Spot sand Ten Tandem Parking Spots on
the Pacific Seafoods Logic t p ia a
N
15. CITIZENS' COMMENTS (Limited`to Three Minutes per Speaker) NsTrp
16. ASSEMBLYtMEMBERS' COMMENTSi "
17. ADJOURNMENT%gj
ME } r •
18. INFORMATIONAL MATERIALS (No Action Required)
A Minutes of O her Mee
`t. `i s ^ �.
, 1. Parks andRecreation Committee Regular Meetings of September 25,
October 9'October 23aOctober 30, November 13, and December 14, 2012.
2P and4 Commission Regular Meetings of November 21 and
December 19;1
3. Solid Waste Rdv isory Board Regular Meeting of November 13, 2012.
4. WomensIBay Service Area Board Regular Meeting of December 4, 2012.
B. Reports
1. Kodiak Island Borough October 2012 Financial Report.
Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments
and Public Hearing Numbers: Toll Free (8001478-5736 and Local 486 -3231. Pape 3 of 3
KODIAK ISLAND BOROUGH
Assembly Special Meeting
December 27, 2012
A special meeting of the Kodiak Island Borough Assembly was held on December 27, 2012, in
the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The
meeting was called to order at 7:30 p.m.
Present were Deputy Presiding Officer Chris Lynch, Assembly members Carol Austerman, Aaron
Griffin, Dave Kaplan, Mel Stephens, and Louise Stutes. Staff members present were
Administrative Official Bud Cassidy and Clerk Nova Javier.
KAPLAN moved to excuse Mayor Selby and Assembly member Bonney who were absent due to
personal leave.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
CITIZENS' COMMENTS
Janet Buckingham, Kodiak Island Convention Visitor's Bureau (KICVB) Director, presented the
Assembly with the Discover Kodiak 2013 Visitor's Guide. She also gave an update on the current
activities at KICVB.
Pam Foreman and Barbara Zimmerman spoke about the possibility of reinstating animal control
under KIBC Title 6.
CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. Ordinance No. FY2013 -12 To Dispose, by Permit or License, to the City of Kodiak a Portion
of Land up to 27,720 Square Feet Located on Top of the Active Landfill (1203 Monashka Bay
Road East) to Temporarily Produce Class B Compost Until Approximately August 15, 2013.
AUSTERMAN moved to adopt Ordinance No. FY2013 -12.
The sewage sludge processed through the wastewater treatment plant (biosolids) had been
disposed of at the Borough landfill for many years. By a memorandum of agreement (MOA) in
2007, the City and Borough agreed that the landfill would continue to accept biosolids until it
interfered with landfill operations. Last June the Borough Manager notified the City Manager
that, due to operational difficulties at the active face of the landfill precipitated by the increased
volume of biosolids, the Borough would be unable to accept biosolids at the landfill after
December 15, 2012. Since that notification, the City spent a considerable amount of time and
resources trying to identify a site as a long term solution for processing the biosolids into Class
A EQ compost. In the interim, the City sought a short term solution to stockpile biosolids using
ADEC's approved method, but this would require additional transporting and handling at
considerable cost to the City.
Kodiak Island Borough Assembly Minutes
December 27, 2012 Page 1
A short term solution was identified consisting of utilizing an area of approximately 27,720 sq. ft.
at the landfill for processing biosolids into Class B compost, which then would be disposed of in
the landfill to fill voids and for cover material approved by ADEC. A temporary land use license
agreement between the Borough and the City for use of this area at the landfill by the City for
processing biosolids into Class B compost would continue the cooperative efforts consistent
with the MOA, offering a short term solution benefiting the community and rate payers while
giving the City time to implement a long range plan for processing the biosolids into Class A EQ
compost. The land use license agreement would outline issues related to insurance, safety,
liability and indemnification as approved by the Borough Attorney. The license agreement
would be temporary and would terminate on approximately August 15, 2013.
Deputy Presiding Officer Lynch opened the public hearing.
Doug Penqilly, Tia Leber, Martha McKinney, and Jean Dickson commented under public
hearing regarding the discontinued effort of not utilizing the Middle Bay area for composting.
Deputy Presiding Officer Lynch closed the public hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, Kaplan, Lynch,
Stephens, and Stutes.
ADJOURNMENT
KAPLAN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens,
Stutes, and Austerman.
The meeting was adjourned at 8:05 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Mayor
Nova M. Javier, MMC, Borough Clerk Approved on:
Kodiak Island Borough Assembly Minutes
December 27, 2012 Page 2
KODIAK ISLAND BOROUGH
Assembly Regular Meeting
January 3, 2013
A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 3, 2013,
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 Selby, Assembly members Carol Austerman, Aaron Griffin, Dave Kaplan,
Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official
Bud Cassidy, Finance Director Karl Short, Resource Management Officer Bob Scholze, Clerk Nova
Javier, and Assistant Clerk Jessica Kilborn.
KAPLAN moved to excuse Assembly member Bonney who was absent due to personal leave.
APPROVAL OF AGENDA AND CONSENT AGENDA
GRIFFIN moved to approve the agenda and consent agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
APPROVAL OF MINUTES
Regular Meeting Minutes of December 6 and the Special Meeting Minutes of December 13, 2012,
were approved under the consent agenda.
AWARDS AND PRESENTATIONS
Mayor Selby proclaimed the month of January 2013 as National Stalking Awareness Month
Proclamation and applauded the efforts of the many victim service providers, police officers,
prosecutors, national and community organizations, and private sector supporters for their efforts in
promoting awareness about stalking.
CITIZENS' COMMENTS
Larry Van Daele spoke in support of Resolution No. FY2013 -20.
Judy Kidder spoke on issues that had occurred due to the lack of animal control in the Borough.
Susan Saupe, Cook Inlet Regional Citizens Advisory Council, spoke regarding the Kulluk Drill Rig
matter in Kodiak and updated the Assembly on CIRCAC's efforts towards emergency
preparedness.
COMMITTEE REPORTS
Peter Slaiby, Vice President of Shell in Alaska, spoke on behalf of Shell, Captain Jerald
Woloszynski, United States Coast Guard Base Commander, and Captain Melissa Rivera,
Commanding Officer of Air Station Kodiak provided the Assembly with an update on and
assessment of the Kulluk Drill Rig Incident.
Kodiak Island Borough Assembly Minutes
January 3, 2013 Page 1
Assembly member Austerman gave an update on the Providence Community Advisory Board
meeting regarding the Certificate of Need for the Long -Term Care Facility.
PUBLIC HEARING
None.
BOROUGH MANAGER'S REPORT (Administrative Official Cassidy)
Administrative Official Cassidy reported on the following:
• Kulluk Drill Rig grounding incident - staff was working in conjunction with the Local Incident
Command System.
• Long -Term Care Facility Certificate of Need was complete and staff was working on a
schedule of action.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby wished everyone a Happy New Year in Kodiak.
UNFINISHED BUSINESS
None.
NEW BUSINESS
Contracts
None.
Resolutions
1. Resolution No. FY2013 -18 Certifying the FY2013 Shared Fisheries Business Tax Program
Application To Be True and Correct.
GRIFFIN moved to adopt Resolution No. FY2013 -18.
AS 29.60.450 required 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 (DCED) that the municipality suffered significant effects during calendar
year 2011 from fisheries business activities. The DCED had 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 required the governing body of the
municipality to include with the municipality's FY2013 program application an approved resolution
certifying the information contained in the application to be true and correct.
The resolution certified the information contained in the Kodiak Island Borough FY2013 Shared
Business Tax Program application to be true and correct.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, Kaplan, Lynch,
Stephens, and Stutes.
Kodiak Island Borough Assembly Minutes
January 3, 2013 Page 2
2. Resolution No. FY2013 -19 Adopting a 2013 Kodiak Island Borough Communities State
Legislative Capital Improvement Projects Priority List.
AUSTERMAN moved to adopt Resolution No. FY2013 -19.
As a regional government, the Kodiak Island Borough represented the communities of the Kodiak
Island Archipelago. These communities included 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 were improvements and infrastructure that included docks, airports, community
utilities, and facilities. Project needs were identified 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.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens,
Stutes, and Austerman.
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.
AUSTERMAN moved to adopt Resolution No. FY2013 -20.
The Land Disposal Request was 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 was 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 applicant 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 found the land to be surplus to the public's need, but it
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.
STUTES moved 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."
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Kaplan, Lynch,
Stephens, Stutes, Austerman, and Griffin.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO TWO: Stutes,
Austerman, Griffin, and Kaplan (Ayes); Lynch and Stephens (Noes).
Kodiak Island Borough Assembly Minutes
January 3, 2013 Page 3
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.
AUSTERMAN moved to adopt Ordinance No. FY2013 -11 in first reading to advance to public
hearing at the next regular meeting of the Assembly.
The ordinance was requested by Assembly member Tuck Bonney and Assembly member Carol
Austerman. The purpose of this ordinance was 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 was not to delay or affect the validity of the contract.
The ordinance allowed 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 limited the right of the Borough to grant a contracting
preference to local residents or companies and this clarified that provision.
ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Austerman, Griffin, Kaplan, and Lynch
(Ayes); Stephens and Stutes (Noes).
Other Items
1. Confirmation of Mayoral Appointments to Various Boards, Commissions, and Committees.
GRIFFIN moved to confirm the Mayoral appointments to the various boards, committees, and
commission for three year terms as follows:
MAYORAL APPOINTMENTS
Architectural /Engineering Review Board: Cliff Ford for a term expiring 2015.
Parks and Recreation Committee: Jeff Huntley, Helm Stewart Johnson, and Patrick Saltonstall for
terms expiring 2015.
Planning and Zoning Commission: Rick Vahl (Borough seat) and Kathy Drabek (City seat) for terms
expiring 2015.
Solid Wasted Advisory Board: Nick Szabo and Scott Arndt (Construction /Business Representative
seat) for terms expiring 2015.
Original advertising reflected a deadline for applications by Friday, November 16, 2012. Having not
received applications for all the open seats, the deadline was extended to Friday, December 7 for
the unfilled seats.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Griffin, Kaplan,
Lynch, and Stephens.
2. Assembly Appointments to the Citizens Board of Equalization, Monashka Bay Road Service
Area Board, and Mission Lake "Tide Gate" Service Area Board.
LYNCH moved to confirm the Assembly appointments to the various boards as follows:
Kodiak Island Borough Assembly Minutes
January 3, 2013 Page 4
ASSEMBLY APPOINTMENTS
Citizens Board of Equalization: Mark Anderson for a term expiring 2015.
Mission Lake "Tide Gate" Service Area Board: Al Burch for a term expiring 2015.
Monashka Bay Road Service Area Board: Steve Steffensen for a term expiring October 2015.
Original advertising reflected a deadline for applications by Friday, November 16, 2012. Having not
received applications for all the open seats, the deadline was extended to Friday, December 7 for
the unfilled seats.
There were 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.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, Kaplan, Lynch,
Stephens, and Stutes.
Mayor Selby recessed the regular meeting at 8:25 p.m. and convened the Board of Adjustment.
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.
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.
GRIFFIN moved 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 ".
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. The Assembly met 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
Kodiak Island Borough Assembly Minutes
January 3, 2013 Page 5
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.
ROLL CALL VOTE ON MOTION TO AMEND THE MOTION PREVIOUSLY ADOPTED AT THE
REGULAR MEETING OF DECEMBER 6, 2012 CARRIED FOUR TO ONE: Griffin, Kaplan, Stutes,
and Austerman (Ayes); Stephens (No).
AUSTERMAN moved to adopt the findings of fact as presented.
ROLL CALL VOTE ON MOTION TO ADOPT THE FINDINGS OF FACT AS PRESENTED FAILED
THREE TO TWO: Kaplan, Austerman, and Griffin (Ayes); Stephens and Stutes (Noes).
Mayor Selby reconvened the regular meeting at 8:29 p.m.
CITIZENS' COMMENTS
Chris Wino spoke on the Appeal to the Board of Adjustment (Planning and Zoning Commission
Case 13 -006 Request of a Variance. Appellant: John Whiddon).
ASSEMBLY MEMBER COMMENTS
Assembly members Austerman, Griffin, Kaplan, Lynch thanked Shell Oil and the United States
Coast Guard representatives for the update on the Kulluk Drilling Rig grounding incident and
expressed appreciation to the responders for their efforts.
Assembly member Stephens voiced concerns regarding the Kulluk Drilling Rig update provided by
Shell Oil Vice President Slaiby. He spoke at length on his reasons for voting against Ordinance No.
FY2013 -11.
Assembly members Lynch and Kaplan called Point of Order regarding statements made by
Assembly member Stephens. Mayor Selby ruled in favor of the Point of Order.
STEPHENS moved to appeal the Point of Order
ROLL CALL VOTE ON THE APPEAL OF THE POINT OF ORDER FAILED FOUR TO TWO: Lynch,
Austerman, Griffin, and Kaplan (Noes); Stephens and Stutes (Ayes).
Assembly member Stutes spoke on her reasons for voting in support of the appeal of the Point of
Order.
Assembly members Austerman and Griffin spoke on the matter of transparency and bringing forth
discussions during the proper venue.
Assembly member Lynch announced the Kodiak Fisheries Workgroup special work session on
Monday, January 7 at 9 a.m. to review a draft letter regarding the Trawl By -Catch Management
which was to be presented at the Joint Work Session of January 8, for review by the Assembly and
City Council.
Kodiak Island Borough Assembly Minutes
January 3, 2013 Page 6
Announcements
The Assembly and City Council would hold a Joint Work Session on Tuesday, January 8 at 6:30
p.m. in the Borough Assembly Chambers.
The Borough Assembly would meet 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 was scheduled on Thursday, January 10 at 7:30 p.m. in the
Borough Conference Room. The next regular meeting was scheduled on Thursday, January 17 at
7:30 p.m. in the Borough Assembly Chambers.
ADJOURNMENT
GRIFFIN moved to adjourn the meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Griffin,
Kaplan, and Lynch.
The meeting was adjourned at 8:50 p.m.
KODIAK ISLAND BOROUGH
ATTEST: Jerome M. Selby, Mayor
Nova M. Javier, MMC, Borough Clerk Approved on:
Kodiak Island Borough Assembly Minutes
January 3, 2013 Page 7
ff;« *, KODIAK ISLAND BOROUGH
, �, '' AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 9.A
TITLE: Ordinance No. FY2013 -13 Rezone of Lot 1 United States Survey 3945 and the
Remainder of ADL 44355 From a Combination of PL- Public Use Zoning District
and C- Conservation Zoning District To I- Industrial Zoning District (Case 13 -012).
ORIGINATOR: Community Development Director
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No
Account Number: Amount Budgeted:
ATTACHMENTS: Ordinance No. FY2013 -13; P &Z Case Packet; Results Letter; Mtg Minutes
APPROVAL FOR AGENDA:
SUMMARY STATEMENT:
Lot 1 of United States Survey 3945 and the remainder of ADL 44355 is a 202.51 acre tract
currently utilized as the community's solid waste processing and disposal site. The current use
was granted an "exception" to the Borough Zoning Ordinance on April 24, 1968. As such, the
use and structure(s) are regulated as a Nonconformity per KIBC 17.140.090.
As a nonconforming, nonresidential use, the current facility and use would not be able to
accommodate the expansion and modernization required in order to comply with the new
regulatory environment.
The Commission held a public hearing on this request and found the request is consistent with
the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update.
KIBC 17.205.55(B) also requires the Assembly to be notified by the commission of its actions
and its findings.
39 Public hearing notices were mailed out. Any written responses will be provided to the
Assembly. The Monashka Bay Road Service Area Board was also advised of the public
hearing.
RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -13.
Kodiak Island Borough Page 1 of 1
Introduced by: Borough Manager
Requested by: Borough Manager
Drafted by: CDD Development Director
1 Introduced: 01/17/2013
2 Public Hearing: 02/07/2013
3 Adopted:
4 KODIAK ISLAND BOROUGH
5 ORDINANCE NO. FY2013 -13
6
7 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
8 REZONING LOT 1 U.S. SURVEY 3945 AND THE REMAINDER OF ADL
9 44355 FROM A COMBINATION OF PL- PUBLIC USE ZONING DISTRICT
10 AND C— CONSERVATION ZONING DISTRICT
11 TO I— INDUSTRIAL ZONING DISTRICT (CASE 13 -012)
12
13 WHEREAS, the Planning and Zoning Commission received a request to rezone a
14 202.51 acre tract of land along Monashka Bay Road; and
15
16 WHEREAS, at an advertised public hearing consistent with KIB 17.205.040, the
17 Commission considered the merits of the rezone request; and
18
19 WHEREAS, the Commission voted to recommend to the Borough Assembly that this
20 tract of land be rezoned with the finding that the public necessity, convenience, and
21 general welfare and good zoning practice would be enhanced by such action; and
22
23 WHEREAS, the Commission hereby recommends that this rezone request be
24 reviewed and approved by the Borough Assembly.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK
27 ISLAND BOROUGH THAT:
28
29 Section 1: This ordinance is not of a general and permanent nature and shall not
30 become a part of the Kodiak Island Borough Code of Ordinances;
31
32 Section 2: Lott U.S. Survey 3945 and the remainder of ADL 44355, except the,
33 greenbelt jn Ordinance No. 98 -06, are rezoned from PL- Public Use
34 Zoning District and C - Conservation Zoning District to I — Industrial
35 Zoning District.
36
37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning
38 Commission are hereby confirmed as follows:
39
40 17.72.020 A. Findings as the Need and Justification for a Change
41 or Amendment.
42
43 Responsible management of a community's waste stream is a necessary
44 function of local government.
45
46 Providing the means and venues for managing a community's waste
47 stream fulfills the government's responsibility as such.
48
Kodiak Island Borough, Alaska Ordinance No. FY2013 -13
Page 1 of 2
49 No other consolidated tract of land with the requisite size, accessibility,
50 and zoning is available.
51
52 17.72.020 B. Findings as to the Effect a Change or Amendment
53 would have on the Objectives of the Comprehensive Plan.
54
55 A rezone of the subject parcel would be consistent with objectives of the
56 2008 Kodiak Island Borough Comprehensive Plan Update.
57
58 A rezone of the subject parcel would work to implement the
59 Comprehensive Plan.
60
61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
62 THIS DAY OF 2013
63
64
65 KODIAK ISLAND BOROUGH
66
67
68
69 Jerome M. Selby, Borough Mayor
70
71 ATTEST:
72
73
74
75 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2013 -13
Page 2 of 2
ti- Kodiak Island Borough
p ;/ v Office of'the Borough Clerk
,, 710 Mill Bay Road
' . Kodiak, Alaska 99615
M .' ' Phone (907) 486 -9310 Fax (907) 486 -9391
rt clerks@kodiakak.us
NOTICE OF PUBLIC HEARING
A public hearing will be held on Thursday, February 7, 2013, at 7:30 p.m. in the Borough
Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough
Assembly to hear comments on:
Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355
From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District
To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough).
If you do not wish to testify verbally, you may provide your comments on the attached public
hearing form and fax it to (907) 486 -9391, email to clerks(a kodiakak.us, or hand deliver to the
Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on
February 7, 2013. Comments favoring and opposing are encouraged.
If you have any questions, please call 486 -9310.
Attachments:
• Map
• Public hearing form
• Ordinance No. FY2013 -13
Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355
From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District
To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough).
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y Legend 0 ) •
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y Kodiak Island Borough GIS System
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0 1,100 2,200 4 8,800 8,800
Feet
Ttss map was prepared tram the Kodiak Island Borough's GIS System. Its provided for the purpose of showing the general location of a property within the Kodak Island Boiougli
This map does not represent a survey. More Inbrmation about the mapping data can be obtained bycontactrg the Kodak Island Borough IT Department a (907)486 9333
PUBLIC HEARING FORM
Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355
From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District
To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough).
❑ This is in support of the rezone.
❑ This is in opposition of the rezone.
❑ Other comments.
Name:
Residence Address:
Mailing Address:
Comments:
Written comments may be submitted by email to clerks faxed to 907- 486 -9391, mailed or
hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5
p.m. on Thursday, February 7, 2013.
MONASHKA BAY ROAD SERVICE AREA
c /o, Engineering & Facilities Dept.
Kodiak Island Borough �. s ;
710 Mill Bay Road ` 1- ■ u L5
Kodiak, AK 996 - ��t,
February 6, 2013 t !, FEB - 7 2012
Kodiak Island Borough Assembly
c/o Borough Clerk's Office j1;; i! ; ; ! ( ?K'S Ui i 10E
710 Mill Bay Road, Rm 101
Kodiak, AK 99615
RE: PUBLIC HEARING, Ordinance No. FY2013 -13 -- Rezoning Lot 1 U.S.
Survey 3945 and the Remainder of ADL 44355 From a Combination of PL-
Public Using Zoning District and C- Conservation Zoning District To (-
Industrial Zoning District (Case 13 -012 Kodiak Island Borough)
Dear Mayor Selby and Assembly Members,
Thank you for this opportunity to present Monashka Bay Road Service Area
comments and suggestions regarding the landfill rezoning. As the primary
sponsor of a greenbelt adjacent to the landfill, which is recognized under KIB
Ordinance No. 98 -06, we are very interested in seeing the landfill expansion
project completed successfully, and without further impacts to the greenbelt
and the Borough citizens living nearby.
Per the greenbelt ordinance, MBRSA must give approval, prior to any activities
undertaken within the greenbelt. We have been very cooperative with Borough
staff: In the past two years, we have approved Borough requests to encroach on
at least five acres within the greenbelt for siting of the wastewater treatment
plant and other necessary landfill expansion work for the public benefit. The
current landfill's runoff settling ponds are also located within the greenbelt.
We are happy that P & Z excluded the greenbelt from the previous zoning
change request. However, we are still not in favor of the rezoning as presented
by KIB staff. While we understand the need, we see the plan as too broad -
brushed in extent. The rezoning still includes a swath of land that is steep, wet,
and adjacent to ocean shoreline.
There are other related issues that should be considered. These issues must not
be dismissed just because the 2008 Kodiak Island Borough Comprehensive Plan
said the area should be zoned "Industrial:' The KIB Comprehensive Plan is only a
guide, and did not take every fact into consideration when it was printed (Note:
even the authors of that document indicate the Plan was to be updated every
few years as conditions warrant). You should know the following:
1. The 1985 Monashka Bay Comprehensive Plan clearly stated the need to
protect environmental qualities vital to public health, and to protect
property values. The ocean front section slated for rezoning is such an
area. It a corridor is needed for a utility support structure (such as a
treated -water outfall pipeline to the ocean), then delineate that location
now.
2. Identified in the Monashka Bay Comprehensive Plan, and Ordinance No.
98 -06, is the reservation of Lot 2, for development of a public park. Lot 2 is
owned by KIB, and sits between the "old sawmill" property (Oswalt's
business site) and Marmot Drive, with frontage to Monashka Highway. We
recognized this location as a potential trailhead to access the greenbelt
and beach below, and it has been used as such (albeit informally) by
area residents. Now is the time to consider this public amenity.
3. Residents are concerned about landfill runoff and ground flow
contamination. Landfill leachates potentially carry pollutants to drinking
water wells and eventually the ocean, where we harvest fish that we eat
and sell to others. Drinking water wells within the hydrodynamic areas of
the landfill should be tested recurrently, at Borough expense, for
indications of pollutants associated with landfills.
Summary
The rezoning request should be revised.
Our suggestion is to enhance the greenbelt (or "buffer ") area around the landfill,
and ensure the landfill property does not adversely impact environmental and
other qualities, for now and the future. The term "greenbelt" needs clarification in
Borough Code; MBRSA could assist KIB if some working -group process was
established for such a purpose.
Lastly, please see the attached map for our suggested zoning and parcel changes.
Thank you, A 2
Darlene Turner, President A 4 (. /^ Date � -7-- /3
Thomas Lance, Supervisor /Secretary - 14ffM l Date ���/�3.
/ L� o /
Chaz Glagolich, Supervis rb Date /iZ-h / 3
Steve Steffensen, Supervisor 4 k,. � < � A � �I sr ate 1 I '
Attachment: Map - Suggested rezoning and parcel configurations adjacent to Landfill.
Attachments, continued:
#1. Map - Suggested rezoning and parcel configurations adjacent to Landfill.
#2. and #3. Overview Maps of Lateral Expansion Cell One. Presented to MBRSA by KIB
Engineering, Woody Koning on June 1, 2012
#4. MBRSA Meeting Minutes, June 1, 2012 (211d approval for greenbelt encroachment)
#5. MBRSA Meeting Mnutes, June 15, 2011 (1st approval for greenbelt encroachment)
#6. KIB Ordinance No. 98 -06 ... "MBRSA Greenbelt"
Attachment #1.
f ' "Ri. ? MAP - Suggested rezoning and parcel configurations adjacent to KIB Landfill ' .: ; 1? ,l a l , y �.. - . 1,', P , 1 ,2,',1(
s'' " e' @ (MBRSA, 2/7/2013) 't'I t +
I�
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LEGEND NOTES: LL
» :GGEGGROUTES TAKKNFRO AE SC o`o x. DA ,o" aGOµo SURFACE Al o w
r . SURVEYS PERFORMED INNOVEME��Ix
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informal comments back from State on culvert issue - we need to pursue and also talk to
Post Master about terrible condition of mail box stand...owners should relocate across
hwy, near the new mail boxes...the old location will be a problem when construction
begins on culvert improvement at intersection.
• MBRSA newsletter - work on over Summer? Distribute via .... ?
New Business:
• Road Service Area Walk /review of road conditions, concerns, issues (review FY2013
Objective Items as appropriate during walk)
** *SEE ROAD SURVEY /COMMENTS TABLE 1. (attached) * **
• Added Priority - clean road ditches of gravel...
Public Comments: (will be taken as we make the walk- around): Joy Mudd at Island Circle - road
typically has seep below their driveway, not uphill of driveway.
Board Comments:
Darlene - Thank you to Board for help.
Chaz - No comments.
Tom - suggested looking at having KIB take meeting minutes...add to next meeting agenda
Next Meeting Date: Oct 3, 2012, 7 pm, Bayside Fire Hall
Adjournment: 8:55 pm
SIG
4 1 i
_ 4 v 3-/2 - i..._a... / 2/2
.rlene - Date TomLanc-, ()at
President, M. shka Bay Road Service Area Secretary
(continued)
TABLE 1. Road Survey /Comments - Regular Board Meeting & Annual Road Area Walk -
Commencing at Mountain View Drive Culdesac - June 1, 2012. Conducted by MBRSA BOARD
1. Culvert damaged at David's place (next to Chaz) - Fix needed
2. Wood on Mountain View road, from power line failure and rebuild - need to remove - ask land
owner.
3. Gravel was graded into ditch over winter - need to pull out and put back on road
4. Remove wood debris and gravel from front yard of Jeremy's place
5. Mail box stand at corner of Mountain View and State Hwy is about to collapse - send letter to
Post Master (noted all box #'s for reference)
6. Communicate with State about culvert under Mountain View Drive and intersection with
Monashka Bay Road. Suggest larger culvert needed. MBSRA would provide the culvert if State
would provide installation.
7. Newsletter — need to communicate with MBRSA homeowners about projects, safety, etc. Also,
availability of six mailboxes in existing pedestals.
8. Marmot — still has same pothole problems. Low spot near top of road either needs filling or
drainage.
9. Ridge Circle — need to have owner remove debris at intersection (R. Reiser's ?) Also, check on
RoW — lots of rock placed in ditch here.
10. Island Circle — Communicate with owners about RoW encroachments.
11. Harbor Way — Communicate with owner to move truck and boat out of end of cul -de -sac.
12. Harbor Way — Check culvert at Marmot and Harbor Way (2 culverts here and questionable
effectiveness —one culvert is 14-in. and one culvert is 18 -in.
13. 1876 Marmot - Check on culvert (? need) — needs ditch (? What happened to ditch ?)
14. 1849 Marmot — Check on culvert (? need)
15. Three Sisters - 1660 needs culvert? And across from this location owner has widened road into
parking lot.
16. Spruce Circle — Needs fill.
17. Three Sisters — power pole in centerline of ditch. Does this need to be moved by KEA?
18. Three Sisters —the place with three homes needs to direct water from driveway away from main
road. (add water bar).
19. Three Sisters — Install French Drain on hillside seep that cause mini - glacier on road each winter.
20. 2046 Three Sisters — Boulder needs to be pulled back closer to driveway.
21. Fred Hearns - remove sediment from ditch opposite from Fred's and place material on Fred's
driveway in pothole.
22. Raise roadbed at culvert below Darlene's.
23. Forest Drive — Remove vehicle from road (white GMC— VIN 1GKCT18WXVK511797/ Coast Guard
sticker #A294659 07/14).
24. Devil's Prong — Communicate with homeowners / land owners to remove vehicles, trailers, &
junk on road.
25. Devil's Prong — Fix potholes and install bigger culvert at Drew's place.
4±6-dit/
MONASHKA BAY ROAD SERVICE AREA
Regular Board Meeting & Annual Road Area Walk
- Commencing at Mountain View Drive Culdesac -
June 1, 2012, 5:30pm
MINUTES
Call to order: by President Darlene Turner, 6pm IWO
Purpose: to inspect MBRSA road system, and conduct business as presented below.
Roll Call: Darlene Turner (DT), Chaz Glagolich (CG), Tom Lance (TL) ( +2 Board seats vacant)
Others Attending: KIB Engineering Dept.-Woody Koning; TC Enterprises (MBRSA road contractor) -
Kevin Ardnt; MBRSA Members: Rick Vahl, Steve Ivanhoff, Elizabeth & Paddy O'Donnell
Approval of June 1, 2012 Agenda: TL moved to approve; CG seconded; approved unanimously.
Approval of March 13, 2012 Minutes: TL moved to approve; CG seconded; approved unanimously.
Public Comments: Rick Vahl - concerned about road maintenance, re: all the gravel bladed off road
into ditch; Paddy O'Donnell - snow blocking driveway sometimes, please be sure contractor doesn't
plow him in, typically happens early AM when Paddy needs to get out (Kevin Ardnt replied that plow
operator should not obstruct driveways with snow... will do better next season). Paddy also asked
about drainage and trees - MBRSA was drafting letter and all still agree on plans as previously discussed.
Presentations /Committee reports:
• Woody Koning -KIB Engineering Dept.: Dump expansion plan - they need to relocate
planned water treatment plant,.and request permission to extend an acre or two into
our Greenbelt Zone ... this is in addition to what they already asked permission for last
year. ** MBRSA Board approves request - TL moved to approve; CG seconded; approved
unanimously.
• Board asked Woody about STIP List - for State funding of road projects ... Woody
suggested talking to Bud Cassidy (acting KIB Manager) - perhaps we should gather all
Road Service Areas for brainstorming session and make one big list, and submit to KIB
Engineering Dept. Woody said there is no money in KIB budget for engineering
assistance to Road Service Areas. Board responded: We are on our own, yet roads are
public and KIB "property ?"
• Tom Lance - MBRSA: progress report on FY2013 Objective Items
Unfinished Business:
• Budget review for this FY- 16,354.50 left in budget as of the end of March. April and
May bills should be in the area of 2,000.00. We can start the road work in June with
$14,000 remaining in the budget. Any money not used would carry over into reserves.
• TC Enterprises to provide quantity /cost estimate for calcium chloride application to
roads for dust and pothole reduction. Kevin Arndt suggested that 3 "super bags" would
be good - last year it cost about $600 -$700 per bag
• Culvert issue and mail boxes at intersection of Mountain View Dr and State Hwy: No
Monashka Bay Road Service District (MBRSD),
2046 Three Sisters Way
/� I l Kodiak, AK
A `}-• - uAew I+ S Minutes of Special Meeting
June 15, 2011
Call to Order: Chairwoman Darlene Turner at 7:05pm.
Roll Call: All Board members present (Darlene Turner, Chaz Glagolich, Tom Lance), with 2
Board positions currently vacant.
Approval of Agenda:
• Due to questions about some details and edits potentially needed in the Minutes from the
previous meeting and the time it may take to complete the review (May 8, Spring Walk
Around Meeting), Lance requested that Approval of Minutes from previous meeting be
moved to end of meeting, out of courtesy for visitors who are present only for one New
Business topic.
Approval of Minutes: moved to end
MBRSA Members Present: Rick Vahl
Other Guests Present: Woody Koning (KIB), Ken Smith (KIB), and Ryan -MK Construction
Public Comments:
• Rick Vahl — enjoys neighborhood (new to area) and trails adjacent (some concern
regarding trail abuse); Woody Konig — mentioned that MBRSD board is not responsable
for trails in their normal functions, but to contact KIB's staff Bud Cassidy for more
assistance or concerns.
New Business
Landfill Lateral Expansion:
Woody Koning made a presentation to the MBRSD Board concerning the Landfill Lateral
Expansion Project. The KIB is asking Permission of the MBRSD Board to approve a small
encroachment into the green belt between the landfill and the MBRSD area as the KIB has an
Ordinance stating that MBRSD must approve any MB actions that impact the Green -Belt.
• Motion: Move to approve the Lateral Expansion encroachment impacts on Green -Belt
between landfill and Marmot Drive. (Less than 2 acres near leachate ponds)
• Discussion: much discussion transpired about this request from KI13. Smith and Koning
provided information concerning potential impacts to Green -Belt, all impacts predicted
by KIB consultants to be from little to none (such as to water quality, to view shed, etc.).
KIB will provide more information to MBRSD concerning current and future landfill
leachate- drainage patterns that filter into the Green -Belt. Mr. Glagolich raised long -
running issue about KIB roads that MBRSD assumed responsibility for, and if the KIB
expansion of the landfill posses another liability for MBRSD, and perhaps MBRSD
should not approve KIB's request to impact the Green -Belt. Koning advised that FEMA
Hazard Mitigation Program funds might be available for addressing MBRSD road
liabilities and to discuss road concerns with KIB leadership. All MBRSD Board
informally agreed that we should address concerns in a letter to Borough. The Board will
keep close watch on landfill lateral expansion.
• Motion (restated by Turner) by Lance, 2nd by Galagolich. •
• Motion Passed: Permission given to KIB (as requested by Koning) to clear and grub
small areas (less than 2 acres, total) for lateral expansion of KIB Landfill into that portion
impacting a Green -Belt adjacent to MBRSD
Review of Contractor Bids:
• Chair Turner reviewed contractor bid sheet with BOD. One contractor was present (Ryan
from MK). Chair Turner did invite other interested bidders to attend meeting through the
KIB Facilities Department.
• Motion - Move to approve TC /MK as the road service provider for MBRSD. Motion by
Lance, 2nd by Glagolich Passed:
• MBRSD will forward selection of TC /MK Construction as preferred contractor for road
work and snow removal services, based on past performance and competitive bid they
provided to KIB.
• TC /MK rep answered Board questions regarding bid items. According to Ryan, TC /MK
is very cost - competitive with some frequently used equipment, such as the road grader,
and other factors, hence their lower bids.
Public Comments: None
Approval of Minutes (moved from top of Agenda)
• Motion Move to Approve the Minutes from May 8, 2011 Meeting by Lance, 2nd by
Galagolich.
• Turner made several clarifications to meeting minutes from Spring walk around.
• A priority of necessary maintenance by the BOD setting a priority ranking for top 5 items
on list.
Board Comments:
• Lance ...hesitant to use calcium chloride as requested for dust abatement, especially if
mixed in road base (doubts effectiveness in method to be used), so will be curious to see
how it works out after the road work is completed by contractor.
• Glagolich — will keep watch on landfill expansion.
Meeting Adjourned: 8:30pm
Tom Lance. Secretary Date Darlene Turner, Chair Date
Introduced by: Mayor Selby
Requested by: Engineering/
Facilities Department
Drafted by: Environmental
Engineer
Introduced: 04/07/98
Public Hearing: 04/16/98
Adopted: 04/16/98
KODIAK ISLAND BOROUGH
ORDINANCE NO. 98 -06
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
REPEALING ORDINANCE NO. 87 -15 -0
RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN
TO RESERVE AN AMENDED GREENBELT COMMON BOUNDARY OF THE
MONASHKA BAY ROAD SERVICE AREA AND BALER /LANDFILL
WHEREAS, the Monashka Bay Road Service Area shares a common boundary with
the Kodiak Island Borough baler /landfill site; and
WHEREAS, the Monashka Bay Road Service Area requested the Kodiak Island
Borough restrict activities along the two hundred foot (200') common boundary of the
service area and ADL 44355, as well as within a two hundred foot (200') buffer
surrounding a former beaver pond; and
WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No. 87 -15 -0
reserving certain Borough lands as a vegetative screen and greenbelt; and
WHEREAS, the Monashka Bay Road Service Area board approved a request of the
Borough to change the greenbelt to accommodate landfill expansion; and
WHEREAS, this reservation will serve as a visual and sound barrier separating
activities at the landfill site from residences in the road service area;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is not of a general and permanent nature and shall not
become a part of the Kodiak Island Borough code of Ordinances.
Section 2: Ordinance No. 87 -15 -0 is hereby repealed to be reenacted by this
ordinance to reserve a greenbelt along the common boundary of the
Monashka Bay Road Service Area and ADL 44355 described as follows:
Beginning at the most westerly corner of Lot 7, Sawmill Subdivision, Plat No. 84 -46;
Kodiak Island Borough, Alaska Ordinance No. 98 -06
Page 1 of 2
,
(1) thence, N37 °16'44 "W, 264.04 feet;
(2) thence, S55 °00'11 "W, 491.62 feet;
(3) thence, S85 °21 '00"W, 171.78 feet;
(4) thence, N34 '00"W, 411.00 feet;
(5) thence, N25 '21'00"E, 739.00 feet;
.(61 thence, N63 °32'46 "E, 1486.67 feet;
(7) thence, N27 °4218 "W, 1,163 feet, more or less, to the Mean High Water
Line along Monashka Bay;
(8) thence, northeasterly, approximately 2,100 feet, more or less, along said
Mean High Water Line to the common boundary between U.S. Survey 1678 and the
city of Kodiak Sanitary Fill Site Survey;
(9) thence, along the common boundary between U.S. Survey 1678 and the city
of Kodiak Sanitary Fill Site Survey S00 °02'33 "E, 3093.17 feet, more or less, to the
southwesterly corner of U.S. Survey 1678, common with the most northerly corner
of Lot 2, Sawmill Subdivision;
(10) thence, S29 '45'32"W, 256.77 feet along the northerly boundary of Lot
2 of said subdivision;
(1 1) thence, S43 °25'09 "W, 1328.77 feet along the northerly boundary of Lot
1 of said subdivision, to the Point of Beginning.
Containing 80.28 acres, more or less.
Section 3: This reservation prohibits the cutting and removal of all trees and
vegetation and limits activities with the exception of the activities
necessary for health purposes, such as a settling pond for leachate for
the landfill, with the concurrence of the Monashka Bay Road Service
Area board.
Section 4: Park development may occur on Lot 2, Sawmill Subdivision with the
concurrence of the Monashka Bay Road Service Area board.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTEENTH DAY OF APRIL, 1998
KODIAK ISLAND BOROUGH
, ' t C
Jero e M. S• : =o .u. �4 -
Gary/ . � ens, Presiding Officer
ATTEST:
c (.iLnn�tirrt
Donna F. Smifh, CMC /AAE, Borough Clerk
Kodiak Island Borough, Alaska Ordinance No. 99 -06
Page 2 of 2
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Jessica Kilborn
From: Douglas Pengilly <douglaspengilly ©me.com>
Sent: Thursday, February 07, 2013 4:59 PM
To: Clerks
Subject: Opposition to Ordinance FY2013 -13
To: Kodiak Island Borough Assembly
Date: 7 Feb 2013
Subject: Opposition to proposed Ordinance No. FY2013 -13
We oppose Ordinance No. FY2013 -13.
We have lived at 2063 Island Circle, which borders the lot affected by this proposed ordinance, since the summer of 1990. We fully
accept the need for the borough's landfill and the existence of the of the landfill at its present location and we understand the need for a
portion of that lot to be rezoned Industrial in order for the landfill to meet the requirements of federal and state regulations. What we
object to is the extent of land in that lot that the proposed ordinance would rezone to Industrial. We are glad to see that Section 2 of the
proposed ordinance would except the greenbelt (Ordinance 98 -06) from the rezone to Industrial, but we object very strongly to the
proposed rezoning of the land bordering Monashka Bay from Public Use to Industrial. The borough has given no justification or reason
for that Public Use land - which is, in fact, used by the public (see also Maps 11 and 12, pp. 49 -50, of the Oct 2011 KIB Road system
Trails Master Plan) - to be rezoned Industrial.
Rather than supporting proposed Ordinance FY2013 -13, we support the alternative zoning and parcel changes that the Monashka Bay
Road Service Area board suggested at their 6 February 2013 meeting. That alternative was unanimously supported by the public
attending the meeting and captures the alternative proposed to the Planning and Zoning Commission by area residents (including
ourselves; see our 4 December 2012 letter to the P &Z) at the 19 December 2012 meeting.
Douglas Pengilly and Jean Dickson
Residence: 2063 Island Circle
Mailing: PO Box 8347, Kodiak, 99615
1
Jessica Kilborn
From: Molly M Miller <mcmmiller ©gmail.com>
Sent: Thursday, February 07, 2013 4:59 PM
To: Clerks
Subject: Ordinance no FY2013 -13 Rezoning Lot 1 U.S. Survey 3945
Ordinance no FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainer of ADL 44355 from
Combinations of PL- Public Using Zoning District and C- Conversvation Zoning District to I- Industrial Zoning
District ( Case 13 -012 Kodiak Island Borough.
This is in Opposition of the rezone
Name: Molly McKinney Miller
Residence Address: 2344 Forest Drive
Mailing Address: PO Box 2037 Kodiak, AK 99615
Comments:
I oppose the Ordinance. The Borough maps do not show the green belt which would provide a buffer between
the landfill expansion and residential property lines. This confusing and continued omission of the green belt is
cause for concern.
Residents have requested that the portion of the green belt where the Cell 1 Liner and Leachate System is being
constructed be subdivided and zoned industrial. The rest of the green belt and the ocean corridor should be
rezoned to Natural Use, which insures protection for residents and their surface water and ground water wells.
The Borough has yet to adequately address how they are going to protect the residents of Marmot and Three
Sisters. The argument that we have lived near the landfill for years with no ill effects is a cop out. What is going
to be done to insure our safety?
Jessica Kilborn
From: McKinney, Martha <mmckinney0l ©kibsd.org>
Sent: Thursday, February 07, 2013 4:31 PM
To: Clerks
Cc: M. McKinney
Subject: Comments for tonights Borough Assembly Meeting
Public Hearing Form
To: clerks@kodiakak.us
Ordinance No. FY2013 Rezoning of Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a
Combination of PL- Public Using Zoning District and
C- Conservation Zoning District To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough).
This is in Opposition of the rezone.
Name: Martha McKinney
Residence Address: 2344 Forest Dr.
Mailing Address: PO Box 2037
Kodiak, AK 99615
Comments:
I oppose the Ordinance because I am concerned for the health and wellbeing of the residents of Marmot Drive
and Three Sisters.
Keeping the greenbelt zoned Conservation and Public Use allows the Borough to continue to take more and
more of the greenbelt for landfill expansion.ls the greenbelt going to eventually disappear?
Why doesn't the Borough show the greenbelt area on Borough maps? Is it the Borough's intention to take
even more of the greenbelt? To eliminate the buffer that is needed to protect the residents of Marmot Drive
and Three Sisters? Tom Lance of the MBRS district created a map, which includes the greenbelt. Why doesn't
the Borough?
I am concerned. I have witnessed the expansion of the landfill toward the residents and the confusing
omission of the greenbelt on maps every step of the way. After the December 19 P & Z meeting, even a
Borough staff member was unable to clarify what area comprised the greenbelt and whether it continued to
exist.
Residents have asked that the greenbelt be subdivided and rezoned Natural Use to insure protection for
residents and their surface water and groundwater wells. The Cell 1 Liner and Leachate System is being
constructed within the greenbelt. That portion should be subdivided and zoned Industrial contiguous with the
landfill. The rest of the greenbelt and the beach corridor should be rezoned Natural Use.
The Borough has not demonstrated how they are going toprotect the Monashka Bay residents who are ever
closer to this toxic area as it expands toward our property lines. Findings of fact which state that the health
and well -being of citizens is protected is wishful thinking. What are your intentions? How will you insure our
safety? When are you going to clearly explain your plans?
Respectfully submitted,
Martha McKinney
2
I I,
!
FEB - 7 2012
l; i,
PUBLIC HEARING FORM _ J
"+ ERK'S u`ri IGE
Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the'Remainder of ADL 44355
From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District
To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough).
❑ This is in support of the rezone.
/A This is in opposition of the rezone.
❑ Other comments.
Cal U ((It' IN colt) 0 110, S I'Iev1 S CI r
Residence Address: I L I 3 - 1 - h r ee CI s {CAS LJcI l
Mailing Address: LI Th rep C - crg 0 >/
Comments:
We ka w-c._ eev I (vl A OK) Thv - ee. S) s -ers -1r cV er• 12_
y ears ti vk Hari 1 v� 4 s e- ± I r c I C y s v a (b „
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Written comments may be submitted by email to clerkskodiakak.us, faxed to 907 - 486 -9391, mailed or
hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5
p.m. on Thursday, February 7, 2013.
PUBLIC HEARING FORM
Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355
From a Combination of PL- Public Using Zoning District and C-Conservation Zoning District
To I- Industrial Zoning District (Case 13 -012 Kodiak Island Borough). ; f , i i it
—i
This is in support of the rezone. I
❑ This is in opposition of the rezone. ! FEB — 7 2012 -'
•
d
❑ Other comments.
/ �y . _:.1(:, tit r icE
Name: 4IMf Xki,A FOC Cr icy or- h o i7� __._._ - -.
Residence Address: MO P4 r14-
Mailing Address:
Comments:
Crrd rcfi-cy S vppex t:3
Written comments may be submitted by email to clerkskodiakak.us, faxed to 907 - 486 -9391, mailed or
hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5
p.m. on Thursday, February 7, 2013.
I 1 I 3 I • I ! )
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Kodiak Island tortugh
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% Community Development Department
.4. 710 Mill Bay Road
I !� Kodiak, Alaska 99615
'� Phone (907) 486 -9363 Fax (907) 486 -9396
www.kodiakak.us
December 21, 2012
Mike Patterson
Kodiak Island Borough
710 Mill Bay Raod
Kodiak, AK 99615
Re: Case 13 -012. Request a Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S.
Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough
Solid Waste Disposal Site, from a combination of PL- Public Use Land and C-
Conservation Zoning District to I- Industrial Zoning District.
Dear Mr. Patterson:
The Kodiak Island Borough Planning & Zoning Commission at their meeting on December 19,
2012 moved to recommend that the Kodiak Island Borough Assembly approve a rezone,
according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL
44355, comprising the Kodiak Island Borough Solid Waste Disposal Site except the green belt
described in Ordinance 98 -06, from a combination of PL- Public Use Land and C - Conservation
Zoning District to I — Industrial Zoning District, and, to adopt those findings in the staff report
dated December 7, 2012, as Findings of Fact for Case No. 13 -012, recommending approval.
Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will
be scheduled for a first reading and public hearing before the Assembly.
According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states:
A. Within thirty days after the planning commission has acted favorably upon a proposed
zoning change in accordance with the above provisions, a report with recommendations shall
be submitted to the assembly together with the proposed ordinance. Such recommendations
of the planning commission shall be advisory only and shall not be binding upon the
assembly. When an ordinance has been forwarded to the borough assembly, the assemlby
shall act in accordance with this chapter and notice shall be issued as provided in Section
17.205.070, by the borough clerk.
B. If the planning commission recommends denial of any proposed amendment, its action shall
be final unless the initiating party, within ten days, files a written statement with the clerk
requesting that the commission's action be taken up by the borough assembly.
The commission adopted the following findings of fact in support of their recommendation to the
assembly:
FINDINGS OF FACT
17.205.020 A. Findings as to the Need and Justification for a Change or Amendment.
Responsible management of a community's waste stream is a necessary function of local
government.
Providing the means and venues for managing a community's waste stream fulfills the
government's responsibility as such.
No other consolidated tract of land with the requisite size, accessibility, and zoning is available.
17.205.020 B. Findings as to the Effect a Change or Amendment would have on the
Obiectives of the Comprehensive Plan.
A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island
Borough Comprehensive Plan Update.
A rezone of the subject parcel would work to implement the Comprehensive Plan.
17.205.020 C. Recommendations as to the approval or disapproval of the change or
amendment.
The Kodiak Island Borough Planning & Zoning Commission recommends approval of this
rezone request
Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to
obtain permits for any construction activities.
If you have any questions about the action of the commission, please contact the Community
Development Department at 486 -9363.
Sincerely,
rte cam tom'
Sheila Smith
Secretary
CC: Nova Javier, Borough Clerk
Planning & Zoning Commission
Kodiak Island Borough
Planning & Zoning Commission
Minutes
December 19, 2012 6:30 p.m. in the Assembly Chambers
CALL TO ORDER
CHAIR TORRES called to order the December 19, 2012 regular meeting of the Planning and Zoning
Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR TORRES led the pledge of allegiance.
ROLL CALL
Bill Kersch and Brent Watkins requested excusal.
\-\
Commissioners present were Alan Torres, Alan Schmitt, Rick Vahliand.SonnyVinberg. Excused were
Bill Kersch and Brent Watkins. (�
A quorum was established. \ \ \C \\\\\
COMMISSIONER SCHMITT MOVED to excuse Bill Kersch and \t Watkins.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY:---„,
Community Development Department staff present , was tin Lydick and Sheila Smith.
APPROVAL OF AGENDA \� \
The commission suggested to re- arrange th agenda m.orrder to hear public hearing item 7 -D (rezone)
before 7 -C (CUP).
COMMISSIONER SCHMITT MOVED to approve the December 19, 2012 Planning & Zoning Commission
agenda and re- arrange the order to hear public hearing case 7 -D before 7 -C as amended.
\ \11 \Ul
VOICE VOTE ON MO TI`'CARRIED :UNA IMOUSL
APPROVAL OF MINUTES )
«\
Smith didn't receive Brent \Watk s message until after the meeting that he requested excusal.
COMMISSIONER 'VAHL MOVED to approve and reflect Brent Watkins as excused from the November
21, 2012 regular meetinng.as
VOICE\ \T \ \� \I CARRIED UNANIMOUSLY
AUDIENCE COMM ENTS AND APPEARANCE REQUESTS
Judy Kidder sat in on the interview process when the City of Kodiak interviewed for the P &Z seat and
all the questions that were asked of the candidates for the city seat were similar except one for the P &Z
and she has an issue with the question; the question was if you disagree with the city's position would
you go along with it. She has an issue with that question because it's basically asking someone to say I
will agree with you even if I don't agree and it's not in the best interest of Kodiak. She has requested
minutes from the city but have not been provided any.
Marilyn Guilmet stated she attended that meeting and said that meeting was very disturbing. She sees
the P &Z as people who listen to us and represent us and she's very thankful for the commission. It
gives us an opportunity to express something outside the current beliefs or ideas of what is happening
and to have somebody ask an applicant whether they will agree with them regardless is uncalled for,
12/19/2012 P &Z Minutes Page 1 of 11
it's out of line, it smacks against proper protocol, and to not give us the minutes. They would give us
the minutes on everything except on that question. When things like this happen it diminishes the
trust people have whether it's warranted or not. When that information is not given to us as citizens of
this community under the right to information act then that diminishes our basic trust in those who
are representing us. Every commissioner should be able to give their own opinions and that's why you
are here. We want P &Z to feel comfortable to come out with their own ideas; they may be innovative,
maybe much better than what is established. She encourages the commission to stand for what you
believe and not be coaxed to go along with business as usual.
CHAIR TORRES said the sitting commissioners don't have a say on any of those meetings; the city
makes a recommendation to the borough assembly and the mayor appoints the commmissioners.
PUBLIC HEARINGS , ( v
A) Case 513 -010. Request Preliminary approval, per KIBC 16.40, of the subdivision a
of Lot 5 and Tract E -1, Chiniak Alaska Subdivision, creating Lots 5A\5B '\5C and5ract E -1,
Chiniak Alaska Subdivision. The applicant is the Kodiak IslandcBorough, and Bob Scholze,
Borough Resource Officer is the agent. The location is generally' ocated near King Crab Way in
Chiniak Alaska. The zoning is PL- Public Use Land. v
Lydick stated this subdivision request has been submitted as a,positiv \\ se to the Assembly's
efforts to dispose of unneeded public lands, with an emphasis lands with residential
potential. Previously identified by the Commission, and affirmeddiy th Assembly as a likely candidate
for disposal, this parcel, upon further examination, has demonstrat edthe potential to provide more
\ \
than a single lot disposal opportunity. With approval- tonight; this subdivision will be scheduled to re-
/
■•
appear on a future agenda of the Commission in order er to to address unresolved disposal and zoning
issues. Staff is recommending preliminary approval for th�e as requested.
COMMISSIONER SCHMITT MOVED to gr preliini \iy pproval, according to KIBC 16.40, of the
subdivision and replat of Lot 5 and Tract E, Block$, Tract Alaska Subdivision, creating Lots SA, 5B,
SC and Tract E -1, Block 1, Chiniak - Alaska Subdivision, and to adopt the findings in that staff report
December 7, 2012, as "Findings of Fact "'for case S 3 -010.
The public hearing was openeil- &`closeed: There was no public testimony.
Discussion O \ ��
FINDINGS OF FACT�
1. This plat meets the minimum standards of survey accuracy and proper preparation of plats
required in � 16f the Borough Code.
�
2. This plateets % ��
all'the requirements of Title 17 of the Borough Code.
3. This,plat provides a subdivision of land that is consistent with adopted Borough plans for this area.
ROLL CALLsVOTE.ON MOTION CARRIED UNANIMOUSLY
V
B) Case S13 -005. Request Preliminary approval, per KIBC 16.40, of the subdivision of Lot 2A,
Bloci 1, Holland Acres, 1st Addition, creating Lots 2A -1 through 2A -8, Cottonwood Cove
Subdivision :The applicant is Art & Arlene Zimmer. The location is 170 Island Lake Road, and
the zoning is B- Business.
Lydick stated this request for preliminary subdivision approval comes back before the commission
after an October 2012 postponement. The applicant, after consulting with staff following the October
postponement, has adjusted expectations and incorporated the majority of staffs concerns raised at
the October 2012 review. The applicant has indicated intent to proceed with a "phased plat" process.
After gaining preliminary approval of the plat, the applicant will then have the opportunity to submit
final plats for each phase, as they come on line. This process will allow the applicant to address issues
such as building encroachments and utility services on any particular lot in an orderly manner, and
12/19/2012 P &Z Minutes Page 2 of 11
permit a more economically sustainable development of the larger tract. If the time frame exceeds the
twenty -four month limit, the applicant will be required to ask the Commission for an extension. Staff is
recommending preliminary approval, subject to four (4) conditions of approval. If the commission
concurs with the removal of Condition #2, three (3) conditions of approval would attach to a positive
recommendation.
COMMISSIONER SCHMITT MOVED to grant preliminary approval, subject to the conditions of
approval contained in the staff report dated December 6, 2012, and to adopt the findings in that staff
report as "Findings of Fact" for this case.
The public hearing was opened & closed: There was no public testimony n �
Discussion
COMMISSIONER SCHMITT MOVED to add Condition of Approval #5- Access to Lots 2 \A- 1122A-- Z,, -2A -3
shall only be via the access easements. C' ' \\ �/
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
•
COMMISSIONER SCHMITT MOVED to amend Condition of Approval #2 so it.reads "Add a note to the
plat that prohibits non - dwelling development on Lots 2A -1, 2A -2, 2A- 3, 2�A- 4,2�A- 5,,2A -6, and 2A -7.
COMMISSIONER SCHMITT said there isn't a definition for commercialor-residential but there is a
rv. \X
definition for dwelling which encompasses various types of residentiahproperty and that's why he's
going with non - dwelling development rather than commercial development.
\
ROLL CALL VOTE ON MOTION TO AMEND CARRIED.UNANIMOUSLY
In response to COMMISSIONER VAHL'S inquirybout our, conditions of approval for your
subdivision and one restricting business or non - dwelling units on most of the front lots, how does that
affect your development, Art Zimmer replied perhaps none,,however; in commercial zoning you may
have dwellings along with a business use property(and the business use usually gets the best frontage
a
or primary access but there may be dwelling associated with that business. I wouldn't want that
opportunity to be prohibited to anyone that may,want to purchase this property for such intended use
where they would combine dwellingas well`as their business.
//\\ \\
In response to COMMISSIONER,SCHMIT.T�S regarding 17.90.020- Permitted Uses - Subsection
CC, Single Family and Tw fao dwellings if located within a structure containing a permitted
business use not exceeding50 of area of the structure and not located on the street level of the
�— % v
the
structure may be allowed'withm a street level business structure, so there could be some combination
of business and.residence „is thaVorrect, Lydick stated those paragraphs you referenced allow a
bottom floor business use, anything that's permitted in the business district and would allow up to a
duplex use omthe 2 ^ Floor The other paragraph if his recollection is correct allows a, for want of a
better term; a s ngl fami y dwelling towards the rear of a business structure as long as it does not
presenbitself as the facade of that building so under those terms with no restrictions, yes, you
would be able\to have dual use property business, anything that's allowed in the Business Zoning
District and r esidential use.
\\ 11
COMMISSIONER SCHMITT MOVED to amend to add Condition of Approval #6 -Meet Service Area # l's
recommendations as stated in the September 20, 2012 email from Kelsea Kearns (page 8 of 13 from
the October 17, 2012 public comment packet).
COMMISSIONER SCHMITT said to clarify it requires there be 18” culverts on all driveways on Melnitsa
and requires ditching on lots 2A -1 and 2A -7 on Melnitsa.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
COMMISSIONER VAHL MOVED to amend that Condition of Approval #2 be removed based on the fact
it is on the plat, #8- commercial development of Lots 2A -2, 2A -5, and 2A -6 are prohibited.
12/19/2012 P &Z Minutes Page 3 of 11
COMMISSIONER SCHMITT called a Point of Order stating that was the subject of his 2nd amendment
was to amend that condition of approval.
FAILED DUE TO A SECOND
CONDITION OF APPROVAL
1. Provide all easements requested by KEA in the letter dated September 11, 2012.
2. Add a note to the plat that prohibits non - dwelling development on Lots 2A -1, 2A -2, 2A -3, 2A -4, 2A-
5, 2A -6, and 2A -7.
3. Obtain driveway permits as required for all existing and proposed driveways.
4. Obtain approval for water and sewer connections from City of Kodiak Public Works as indicated in
the memorandum dated December 3, 2012. Shared utilities will have to tedf the
structures that they serve will be located on separate lots.
5. Access to Lots 2A -1, 2A -2, 2A -3 shall only he via the access easements. V ' \\
6. Meet Service Area # l's recommendations that it requires there be 18" culverts,onn on
Melnitsa and requires ditching on lots 2A -1 and 2A -7 on Melnitsa.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy andzproper of plats
required in Title 16 of the Borough Code.
This plat meets all the requirements of Title 17 of the Borough•Code.
3. This plat provides a subdivision of land that is consisYentwithadopted Borough plans for this area.
v
ROLL CALL VOTE ON MAIN MOTION AS AMENDED.CARRIED; UNANIMO USLY
/ '�
D) Case 13 -012. Request a Rezone, according`to,KIBC•17.2052030 C, to rezone Lot 1, U.S. Survey
3945 and the remainder of ADL 44355, comprising the\Kodiak Island Borough Solid Waste
Disposal Site, from a combination of PL- Public Use Lana /and C- Conservation Zoning District to (-
Industrial Zoning District. The applicant isthe,Kodiak7sland Borough, and the agent is Mike
Patterson. The location is 1203 Monashka Bay Road (AKA - Tax Lot 2001, Township 27 South,
Range 19 West). The zoning is C!C no servatihi nd PL- Public Use Land
CHAIR TORRES handed the gaveIto V CHAIR VINBERG due to having a conflict of interest and
requests a decision on the conflict'�J
VICE CHAIR VINBERG asked the comm if they have any concerns or issues with CHAIR TORRES.
There was consensus that there was no conflict of interest.
\\ a\ \\
VICE CHAIR VINBERGhanded the gavel back to CHAIR TORRES.
Lydick stated his,rezone request represents step one of a two -step process in order to bring the
existing land "use and'planned expansion into conformity with the current zoning ordinance. Step two
is the associated'case 13 -016, a request for conditional use permit. This request for a rezone facilitates
b ov
the community s drove to provide responsible management of the locally generated stream of wastes.
•
A rezone allows for the much needed expansion of the existing footprint, enables the modernization of
facilitiesrequired to conform to regulatory requirements, and enhances opportunities to incorporate
recycling efforts by the public, as well as, the private sectors. Two issues are important in staff's
perspective;l) in judging the relative merits of comments opposing the rezone, no action is being
proposed that does away with, or modifies, existing restrictions imposed by currently adopted
ordinances defining buffers or greenbelt areas, and, 2) the Industrial zoning district actually affords a
greater degree of local over -sight of the activity, and provides code enforceability, by virtue of the
performance standards contained within the applicable zoning district chapter. Thirty nine (39) public
hearing notices were mailed on October 17, 2012. Fourteen (14) responses have been returned
commenting on this request for a rezone. Staff recommends the Commission forward a
Recommendation of Approval for the rezone to the Borough Assembly.
12/19/2012 P &Z Minutes Page 4 of 11
COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve a
rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL
44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL-
Public Use Land and C - Conservation Zoning District to 1 - Industrial Zoning District, and, to adopt
those findings in the staff report dated December 7, 2012, as Findings of Fact for Case No. 13 -012.
The public hearing was opened. Public testimony was given by:
Doug Mathers suggested the borough subdivide the property, take out the greenbelt, rezone the
greenbelt to a restrictive zoning, and rezone the landfill to Industrial so we would have Marmot Drive
greenbelt with its own property and a landfill with its own property Industrial.
Martha McKinney stated she opposed both proposals for the CUP and the rezone. Her reasonsare she
received 5 notification maps and on one map a greenbelt boundary had been hand \ drawn.in indicating
to remain, the other four maps didn't include that and that was hardly reassuring:.ADECtold that
surface water contamination is a significant issue at the dump and there are approximatefyts test
wells surrounding the baler facility, some of which indicate heavy metaltontamination. Lauri Aldrich
(ADEC) indicated there was a plan to put a water treatment operation the of the current
baler facility, and unless residences have wells that are several hundred feet �� deep they are accessing
��
surface water and not ground water. There are wells with depths•of less- tham150'feet on both Marmot
\ .
and Three Sisters. The State of Alaska regulates public drinking wells bu �t butnotprwate wells. What is the
.�> '
borough going to do to ensure the residents that surface water kts•noi ct ontaminated?
Paul Zimmer called in to say he is not opposed to rezoning•th\;pogk nrof the lot where the landfill is to
allow for that landfill activity. We need a landfill but -he is opposed.to rezoning the entire lot as
Industrial. It's not consistent with the Comp Plan (The Comp Plan :shows a greenbelt as a buffer along
the residential area and Industrial is not consistent with that. He's concerned that if it's all rezoned
what potential uses could be done there in,\he fu uure \\ },
Jamie Godwin spoke in opposition andiasked staff•if h \ ii ere were 37 public hearing notices sent out and
��
14 responses and she would like to f �� know wha' t•those.responses were and what percentage of
responses were for and against this request. Does - ,the commissioners know what these comments
were? She didn't see any packet-:., \�
Lydick stated he didn't do a statistical analysis of the responses and they were included in the case
/ �
packets which are right outside x � . the � door. Every commissioner has read those comments,
Doug Penguilly spokosi
e �n opp io \and stated the question isn't is there an expansion needed, the
question is are you going to rezone this 202 acres land which is now Conservation Use and Public Use
into Industrial ; not just the portion that the landfill operates on. A quick fix like this is going to
have more problems in- the,long term.
w����
Tia Leber spokemi opposition and stated the information packets seem to be incomplete with
significant hhings:missmg; 1s' the map on the front is completely different from the Comp Plan map.
Frederick Millerspoke in opposition as currently proposed. It has to do with the greenbelt is not
properly�oned Industrial. Talked about at the work session is to separate the parcels and zone the
landfill itselfas Industrial and have a more restrictive zoning for the greenbelt areas. If it's rezoned
Industrial it will have an effect on property values and drinking water.
Penny Fish spoke in opposition stating her house is about 15 feet from this rezoning. What could
happen in 10 years now with the borough, and the composting came up and it opens up too many
possibilities for the future.
Jean Dixon stated if you look at all the homes that border the area there are about 12 -14 lots. Most of
our wells are right beyond the red line on our side. The packet is confusing and she's concerned about
the greenbelt and would like it protected. There is a wonderful beach near the house and would like to
12/19/2012 P &Z Minutes Page 5 of 11
see ii slay as Publil Use Laud because ii. is well used.
Andy Schroeder stated he shares the same concerns heard here tonight. As Island Trails Network
Executive Director with a mission to preserve trails, access, and open spaces he'd like to see the
greenbelt and the Natural Use Lands downhill from the landfill preserved as a green corridor. There is
a trail that runs through there across the beach just mentioned and he walks all the way to the VFW,
and there's an important trail link there in the trail system. That trail is identified in the Trails Plan as a
potential development one day
Dave Sundberg spoke in opposition to the rezone as it's written right now. The area you want to
rezone has been our playground and basically brings it right up to my back door. Industrial al worries
him because of the degradation of the area and pollution.
Thomas Lance stated he's representing the Monashka Bay Service Area. The effoft to rezone to
Industrial is deceptive as it was presented. Our road service area didn't receive notice of:this. The
Monashka Bay Road Service Area created the request for the greenbelt. Rezone th a Sanitary
landfill instead of Industrial, make it its own zone and then everything else se[ aside fo Ja greenbelt
and Natural Use area for recreation, water quality, watershed values and toprote home values.
Teresa Miller spoke opposing the request because she uses that land for recreatio When she was
convinced to buy property outside the city she was assured there were multiple layers of protection
for drinking water. Rezoning would strip away one of those lay of protection. Environmentally for
the health of the community and the safety of her drinking•wateras'wel 'as property value.
\IN
Marilyn Guilmet spoke in opposition stating although it hefps.us: ,gehthe area rezoned her heart goes
out to all of you. Not one child is damaging, they have :drinking wafer there and no one has been
monitoring it. What she's been hearing is amazingNo onemomtors the drinking water. Until you come
to a reasonable decision that helps everyone :she wouldn't feel comfortable. The health of the
community, the environment, and the decisions :you make'will determine the health of them, their
children will really determine how their,future goes as far as what their lifestyle is going to be like. She
\NY/
feels you need more time to make a•goocfclecisi on for everyone.
� \
The public hearing was closed.
Discussion of plat 69 -10, its the City ofKodiak's fill site, permitting issues, the lack of screening along
�
the highway, and the borough come:forward with a subdivision.
COMMISSIONER SCH� xc
MITTT:MOVED'to�amend the motion to add following after the word "site ", and
before the word "from" - .eept the green belt described in Ordinance 98 -06.
Discussion regarding beaches and other beach areas, greenbelts, proper zoning, and subdividing.
CHAIR TORRES \q \redhif this case is approved and that lot is zoned Industrial does that change any
ui
of the greenbelt `equiremi e v
nts and restrictions, Lydick stated no, those ordinances exist apart from this
actionYCHAIR'TORRES�asked if the only way that could change is if the assembly voted on it when it
\
m )
comes before e the, Lydick stated, yes, that's correct.
CHAIRNTORRES stated the 100% unanimous public comment we received tonight stated they want an
established :buffer zone, more than the greenbelt ordinance and from the Island Trails Network it may
be more along the shoreline that's currently not within the greenbelt. Can we postpone this case with a
recommendation to applicant to consider maybe modifying the application to include for a subdivision
basically, Lydick stated the P &Z is advisory to the assembly on these rezone actions. The only authority
that you have is to pass along a recommendation for rezone as amended, if that is your desire or a
recommendation not to rezone.
FINDINGS OF FACT
17.205.020 A. Findings as to the Need and lustification for a Change or Amendment.
12/19/2012 P &Z Minutes Page 6 of 11
Responsible management of a community's waste stream is a necessary function of local government.
Providing the means and venues for managing a community's waste stream fulfills the government's
responsibility as such.
No other consolidated tract of land with the requisite size, accessibility, and zoning is available.
17.205.020 B. Findin • s as to the Effect a Chant e or Amendment would have on the Ob'ectives of
the Comprehensive Plan.
A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough
Comprehensive Plan Update.
A rezone of the subject parcel would work to implement the Comprehensive Plan. /)
17.205.020 C. Recommendations as to the approval or disapproval of the change or
amendment.
The Kodiak Island Borough Planning & Zoning Commission recommends approval•of
th 'rezone
request
\ ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
y ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY
\\
C) Case 13 -016, Request a Conditional Use Permit, according:to KIBC 17.200, to consider the
expansion of landfill activities on the remainder of ADL 44355, as allowed by KIBC
17.105.020.E, subject to the approval of a rezone to\l Industrialwhich is pending review in
related case 13 -012. The applicant is the Kodiak 1sland:Borough and the agent is Mike
Ro
Patterson. The location is 1203 Monashka Bay'ad.(AICA kTax Lot 2001, Township 27 South,
Range 19 West), and the zoning is C- Conservation and P,L- Public Use Land.
Lydick stated this request for a conditional s, permiati'the step in bringing the existing
municipal solid waste facility into compliance\withth,e zoning ordinance. The petitioner is requesting
formal recognition of the appropriateness of the existing use, in this locale. The conditional use permit
process affords the commission, in "consultation with the public, the opportunity to reasonably impose
more stringent controls upon the co l nductofthe permitted activity than might otherwise be available
through ordinary administrative tool`And, the conditional use permit process affords the commission
the opportunity to direcri �� �t ither < lan aise �� controls, i.e., potential subdivision and zoning options that
may achieve or encompasses elevant ,neighborhood or community concerns. Thirty four (34) public
hearing notices were,mailed'on November 19, 2012 and four (4) responses have been returned
commenting on the request. Staff is recommending approval for a conditional use permit.
\)
COMMISSIDNEKSCHMITTT MOVED to grant a Conditional Use Permit, per KIBC 17.200, according to
KIBC 17.200>to allow,for t expansion of landfill activities on the remainder of ADL 44355, as allowed
by KIBC'17:105:020!E subject to the approval of a rezone to I-Industrial, and to approve the findings of
�� �.
fact in tha st reportdated December 7, 2012, as Findings of Fact for Case No. 13 -016.
The public hearin was opened. Public testimony was given by:
Doug PP gilly stated he is not against expansion of the dump and cannot figure out what is being
proposed :He's tried to read it,. It says existing landfill, existing landfill and then there's a picture. so he
claims ignorance. This is an opportunity to deal with a lot of land issues and the landfill that have been
brewing for a long time. He's not sure what this conditional use is for and he doesn't think the problem
is solved from the last
Tia Leber stated she's not opposed to the expansion of the landfill but she's opposed to the rezoning of
the greenbelt buffer. The CUP of the landfill conditional use of Industrial use is messy and doesn't seem
to fit especially if you think about the closure of its lifetime. What kind of permitted uses are allowed
on Industrial zoned land? She proposed that we parcel out what the borough needs for the landfill,
12/19/2012 P &Z Minutes Page 7 of 11
transfer station, including the composting / sewage sludge facility, waste water treatment plant,
settling ponds, and etc. to create a Sanitary Landfill zone. In the Landfill zone description when the
landfill has reached its life expectancy enclosed it will be capped and re- vegetated and reverted back to
Natural Use and Wildlife Habitat.
Tom Lance stated here's a great opportunity for the borough to fix a problem that's not just here but in
other communities on the island too. They have issues with non-conforming landfills in the villages,
why not create a landfill zone. To address the issues of after the landfill closes and preserving the
integrity of the area for all the ecological services that it provides as well as home values and things
like that. Why is that Industrial when it's mostly wetland and he doesn't know what kind of Industrial
use it could provide? Maybe we could carve out this chunk to work on and approve what you need to
tonight but with the agreement in the future a new parcel will be created and set aside as a= ata I Use
area which will become an enhanced greenbelt.
Marilyn Guilmet stated she thought this CUP by Mike was for metal reclamation and composting and it
only goes if the rezone goes. Is this specifically metal reclamation and composting.
CHAIR TORRES stated no, it's for a sanitary landfill because in the IndustriaIDist ict and sanitary
landfill is not allowed as a strict use in the Industrial District; it's listed a conditional use in the
Industrial District. Appropriate uses in the Industrial District is also includes metal reclamation.
(.-
In response to COMMISSIONER SCHMITT'S inquiry regarding 2quest\\ s:‘\. Is he'd like to confirm
information he received from another source and that is`\\ally of Jie current expansion of the
landfill where the hole was dug that comes up to the lot line•on•the,front of the property on Monashka
Bay Road, is that correct, Mike Patterson stated it comes up approximately SO feet. COMMISSIONER
SCHMITT asked where the fence is relative to the.propecty Iine'Patterson said it's almost on top of the
property line. COMMISSIONER SCHMITT asked- how�lose the excavation is to the fence, Patterson
replied it ranges between (inaudible). COMMISSIONERSCHMITT'S second question is if you could talk
about what the plans are, Patterson has applied'for the plans are for the lateral expansion to move into
the area that's already been identified down along the ;Monashka Bay Road down to the Sawmill
property and over to the treatment facility including the closure of the existing landfill. Currently as
testimony has been given the proposed treatment facility is within the greenbelt ordinance area, and is
also on Conservation and Publi e'L'an
c which is outside the proper use for the borough, so the plan
is we have an Industrial zone dbarelthat incomparable and legal for the proposed activities on that
side. ‘-)
The public hearing was•clo
Discussion {� \2 \�
COMMISSIONER SCHMITT-MOVED to amend the motion to add a condition of approval - as soon as it
is practicaLto do so�the borough will plant trees and any other appropriate vegetation to screen the
Iandfill.fromMonashka Bay Road.
\\ \ \ \ \
CONDITION OF,APPROVAL
1. As's\� as it is practical to do so, the borough will plan trees and any other appropriate vegetation
to screenthe landfill from Monashka Bay Road.
FINDINGS OF FACT
A. That the conditional use will preserve the value, spirit, character and integrity of the
surrounding area.
The current use of the property established at or around 1969 as an unlined dump in an area of
approximately 202 acres. The conditional use will preserve the value, spirit, character, and
integrity of the surrounding area by maintaining established buffers and greenbelts for abutting
residential properties.
12/19/2012 P &Z Minutes Page 8 of 11
B. That the conditional use fulfills all other requirements of this chanter pertaining to the
conditional use in question.
The property was rezoned to the I - Industrial Zoning District via Case No. 13 -012. The Industrial
Zoning District contains performance standards which guide the conduct of operations on the site.
C. That granting the conditional use permit will not be harmful to the public health, safety,
convenience and comfort.
The public health, safety, convenience, and comfort will be protected and enhanced by the
development of a highly regulated Class I municipal solid waste disposal facility.
Regulatory oversight will be conducted by agencies of the United States Environmental Protection
Agency, the Alaska Department of Environmental Conservation, and the Kodiak,Island.Borough.
D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet
the conditions listed in subsections A through C of this section. U
Sufficient setbacks, lot area, buffers, or other safeguards are provided by the size of the tract, the
zoning district requirements, existing administrative protocols, and natural,topography.
R\
E. If the permit is for a public use or structure, the commission must find that the proposed
use or structure is located in a manner which will maximize public
Available land options define this site as the most economical and'viabl'e•solution for the
processing of community generated waste streams.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MAIN MOTION AS AMENDED.CAR\ U ANIMOUSLY
OLD BUSINESS
There was none.
NEW BUSINESS
There was none.
COMMUNICATIONS
A) November P &Z Public Hearing Results.Letters
CHAIR TORRES stated the a e hNovember public hearing results letters of the Planning & Zoning
Commission.
COMMISSIONER.SCHMITMOVE to accept communications as presented.
VOICE VOTE ON O TI O NCARRIED UNANIMOUSLY
REPORTS
S \ \w
A) Meeting,Sc edule:
•Jannu ry 9; 02 13 work session at 6:30pm in the MB Conference Room
•January 16, 2013 regular meeting at 6:30pm in the Assembly Chambers
B} Minutes of Other Meetings
• September 11, 2012 Parks & Recreation Committee minutes
• September 25, 2012 Parks & Recreation Committee minutes
C) Abbreviated & Final Approvals - Subdivisions
CHAIR TORRES stated this is our meeting schedule, minutes of the P &R Committee, and final approval
of abbreviated and subdivisions
COMMISSIONER SCHMITT MOVED to accept reports as presented.
12/19/2012 P &Z Minutes Page 9 of 11
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
Judy Kidder stated she can understand their concerns and she appreciates you taking into
consideration the comments. She agrees separating it into a separate zone would allay their concerns
and protect it down the road when someone else is there it will be written in stone, which will help
keep it separate from the landfill.
Marilyn Guilmet said knowing that there's at least 2 of you working on the code rewrite.
Judy Kidder also said the Lion's Club has the initiative to plant trees so perhaps you c o Id invite the
Lions Club to help plant those trees out there. \\
COMMISSIONER'S COMMENTS
Alan Schmitt said there are four of us here tonight and Schmitt is the only one' with.a city :position so
he's more aware of what is going on. Under State Statutes because the City of'Kodiak is the first class
city, and under State Statute there's a certain number of seats on the borough's P&Z commission that
are delegated through the City of Kodiak, and there are 3 seats on the 7 member P &Z Commission.
Schmitt went through the process twice and you have to live in the citydo have city seat. Obviously, if
the city has a strong position on something, it's not something.etliically feel that he could
� �� +
easily say he doesn't agree with it. He may not personally for wh atever reason but he would have to
have some really strong reasons if he was going to say no to so spe direction from the City
Council. I'm a representative of the city on the commissionCThe,second issue, usually when we get the
maps it will show the zoning legend and this one for -the landfill didn't clearly break out what was the
i ��
Natural Use and Public Use, its all kind of one color. The third comment was what can we do to do
some kind of Comp Plan for the landfill so it `�esn't fall between the cracks.
Lydick stated that map is mapped correctly \Whati taff need getting the technology to portray this
information. If you look in the legend, he would \ agree with COMMISSIONER SCHMITT that the larger
parcel looks like a different color but-if you'look m thedegend that's the white color and if you look at
the bottom legend that Conservation designatio&hat you are seeing is a technological fault of the
printer.
Sonny Vinberg said he knowsw
ne
w hatltt kes.to get the GIS maps together and getting the right color or
maybe the GIS department needs t o IOOksdifferent color scenarios to help that process. He concurs
with Alan Schmitt. ^ \\
Rick Vahl said he's somewhat discouraged because in whether we had no one here for public
testimony he th nk\havi\g a full commission allows us to do some of the analyzing and working with
staff to move things along so our community is healthy. He hopes to fill our vacant seats. One of the
cases tonight really gave us a chance to do some good planning, and help Mr. Zimmer have a successful
subdivision.
�rr
Alan Torres said in the Comp Plan showing that other than the greenbelt that both the landfill site and
part VFW site (leased from borough). The Comp Plan, when it was passed and all the discussions
it was a live document is what they said at the time and he doesn't think we need to look at re- writing
the Comp Plan, he thinks when we find issues we can make recommendations to change them. Torres
was also happy that they determined that he could participate in the discussion with the landfill.
Martin Lydick stated he'd like to revisit the Comp Plan and distinguish that between the zoning
ordinance, the Comp Plan, and the maps that people were looking at and taking issue with clearly state
on it proposed future land use, and that's the key. When we talk about rezoning lands it has to have a
reasonable basis in the Comp Plan but when you're enjusting zoning district boundaries it's not
mandatory and rarely is a case where it is lock step with the Comp Plan. The Comp Plan is an idealized
situation where is everything went perfectly that's what one person's vision, committee's vision, or the
12/19 /2012 P &Z Minutes Page 10 of 11
assembly's vision of what something should look like thirty years down the road. He doesn't think it
realistic to expect that to always dictate our actions day by day, year by year because people change,
economic situations change, communities change and that's why we ask you to sit here and make
decisions after you look at the whole thing and take into consideration. Mr. Schmitt took me by
surprise when you offered that amendment in the rezone case because he was expecting it to come in
on the CUP case because that's where there's more authority. In that rezone case you are only advisory
to the assembly. In the CUP that's where we have the opportunity to put something down as a
condition of approval.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
VOICE VOTE ON MOTION < \\
CHAIR TORRES adjourned the meeting at 9:16 p.m.
KODAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
\ \�
\\ Ala 'Torres, Chair
ATTEST
By:
Sheila Smith, Secretary \ �
APPROVED: January 16, 2013 SCC/
0
O
o °
12/19/2012 P &Z Minutes Page 11 of 11
Public Hearing Item 7 -D
P &Z December 19, 2012
Current Location Request: A rezone, according to KIBC 17.205.030 C,
P & Z Case # 13 -012 to rezone Lot 1, U.S. Survey 3945 and the remainder
of ADL 44355, comprising the Kodiak Island Borough
Kodiak Island Borough Solid Waste Disposal Site, from a combination of
PL- Public Use Land and C - Conservation Zoning District
to I - Industrial Zoning District
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.
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This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough.
This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333.
Case No. 13 -012 Introduction Page 1 of 3
Public Hearing Item 7 -D
P &Z December 19, 2012
Kodiak Island Borough Zoning Map
Community Development Department
Current Zoning Request: A rezone, according to KIBC 17.205.030 C, 1
P & Z Case # 13 -012 to rezone Lot 1, U.S. Survey 3945 and the remainder
of ADL 44355, comprising the Kodiak Island Borough
Kodiak Island Borough Solid Waste Disposal Site, from a combination of
PL- Public Use Land and C - Conservation Zoning District
to I — Industrial Zoning District
Otej.4-4107„ a r Al II , tto KO
swg tral, 1 0 4.47,V
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Zoning Legend
Public Use Lands Rural Residential 1 j Multi Family Residential Light Industrial
I / A Watershed ' Rural Residential 2 Business Rural Neighborhood Commercial
I Conservation Single Family Residential Retail Business It: ' Urban Neighborhood Commercial
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 contacting the Kodiak Island Borough IT Department at (907) 486 - 9333.
Case No. 13 -012 Introduction Page 2 of 3
Public Hearing Item 7 -D
P &Z December 19, 2012
Current Location Request: A rezone, according to KIBC 17.205.030 C,
P & Z Case # 13 -012 to rezone Lot 1, U.S. Survey 3945 and the remainder
of ADL 44355, comprising the Kodiak Island Borough
Kodiak Island Borough Solid Waste Disposal Site, from a combination of
PL- Public Use Land and C - Conservation Zoning District
to I — Industrial Zoning District
•
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■ Kodiak Island Borough GIS System
6LAII7- 0 550 1,100 2,200 3, 300 4,400
Feet
This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough.
This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333.
Case No. 13 -012 Introduction Page 3 of 3
Public Hearing Item 7 -D
P &Z December 19, 2012
uP P� —pro t1/4/ztJ12
a Kodiak Island Borough Print Form J Submit by Email
%. j. Community Development Department
? ,;/ 710 o 205 111100 III II IIIIIII Rd. Rm
l Kodiak AK 99615
Ph. (907) 486 - 9362 Fax (907) 486 - 9396 2214 9
httpJ /www kodiakakus
/4 - D PROP_ID 22149
Application for Rezone KIBC 17.205
The following information is to be supplied by the Applicant:
Property Owner / Applicant: Kodiak Island Borough
Mailing Address: 710 Mill Bay Road, Kodiak, AK 99615
Phone Number: 907 -486 -9348
Other Contact email, etc.: mpatterson @kodiakak.us
Legal Description: Subdv; T27S R19WTL200 Block: Landfill Lot: Site
Street Address: 1203 Monashka Bay Rd. Kodiak, AK 99615
Current Zoning: Public Use KIBC 17.130 Proposed Zoning: Industrial KIBC 17.105
to•Se+s++'Qtloa
Applicable Comprehensive Plan: January 2008
Explanation of the need & justification for a change or amendment of zoning:
A sanitary landfill is required to be zoned Industrial by KIBC 17.105. The landfill site is currently zoned conservation & public use.
Conservation district is a residential zone. A non conforming residential use may not be expanded in a residential zone. Sanitary
landfill sites are highly regulated by the U.S. Environmental Protection Agency (EPA) under the Resource Conservation and Recovery
Act (RCRA) and the Alaska Department of Environmental Conservation (ADEC) 18AAC60 Solid Waste Regulation. Sanitary landfill
placement is restricted by aircraft usage and distances prescribed from airports, floodplanes, wetlands, fault areas, seismic impact
zones, and unstable areas. The type of sanitary landfill that the Kodiak Island Borough is operating is a Class I Municipal Solid
Waste (MSW) Disposal Facility operating under a cyclical 5 year AOEC permit with stipulations.
Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan:
An appropriately zoned and sited sanitary landfill is an objective of the January 2008 KIB Comprehensive Plan.
t Case g
It NOV 2 1 2012 i'-% t3- ot.2
rr'!nl lNI1y n[ iri Qppnrr Dirpra.SLe7
Date: Nov 21, 2012 Signature: Michael P. Patterson, CSP; KIB Solid Waste Manager
. 1/ * /%�
Case No. 13 -012 Application Page 1 of 4
Public Hearing Item 7 -D
P &Z December 19, 2012
Kodiak Island Borough I Print Form - I - Submitiby Email .I
Community Development Department
rvlf;
r:Tft 4na 710 Mill Bay Rd. Rm 205
5'4 lit Kodiak AK 99615
Ph. (907) 486 -9362 Fax (907)486 - 9396
- httpi /www.kodiakak.us
PROP_IDp
Application for Rezone KIBC 17.205
The following information is to be supplied by the Applicant:
Property Owner / Applicant: SCGbI � o2rrrl h
Mailing Address: lib fhtlt grm KAM, ICQVI/a1C plc 5 i
Phone Number q 1 1yli.Su3
Other Contact email, etc.: \CIacf 5 e»c anoxic .0 S
_ 'Block: lL St
Legal Description:
Subdv: 70 .� w a cot:
Street Address: GO m0r10.5h1C e- bei U, \Ch DI A1-tc_ C
Current Zoning:kou L /Cc7,.SciuA-r)o.- Proposed Zoning: tCC)(4STN? t.A L-
Applicable Comprehensive Plan: _1 A i3 2.709)
Explanation of the need & justification for a change or amendment of zoning:
SC -(I TWL. k cnck f rl1 is (e Cri/l li l he 2 4 v ck TTu Sic( r1C_,
Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan:
Al r Le r 1 .. Zo , t I. • a, t• 4 C tt4 A4.- kS ro ..
0'r • - O 'Itit6 zo ttt e.4 —RA 1 Ct,ScJt
r 4..A.3 -
Date: q f t q Signature:
Case No. 13 -012 Application Page 2 of 4
Public Hearing Item 7 -D
P &Z December 19, 2012
•
•
•
CDD Staff Certification
Date: lizrAl CDD Staff: j I
•
Payment Verification Fee Payable in Cashier's Office Room it 104 Main floor of Borough Building
• Not Applicable F $0.00
•
Less than 1.75 acres: r 5350.00
1.76 to 5.00 acres: r $750.00
5.01 to 40.00 acres: F $1,000.00
40.01 acres or more: r' 170.00
ae4r8/7ye(Z{_5
Case No. 13 -012 Application Page 3 of 4
Kodiak Island Borough
Journal Post Listing
Journal Reclassification
Department Number Type Sub Ledger G/L Date Description Source Reference Journal Type
120 - Finance 2013- 00000495 fE GL 09/19.'2012 Application for rezoning
from Public conservation to
Industrial
G /I- Date G. /L Account Number Account Description Description Source Debit Amount Credit Amount
09/19/2012 100 101.100 Cash In Bank- Wells Fargo Application for rezoning from Public 1,50000
conservation to Industrial
09/192012 100- 000322.170 Zoning Change Fee Application for rezoning from Public 1 500.00
conservation to Industrial
09.'19 530 101.100 Cash In Bank -Wells Fargo Application for rezoning from Public 1,500 00
conservation to Industrial
09 530-731 450.110 Operating Supplies Application for rezoning from Public 1,500.00
Cu
to conservation to Industrial
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Public Hearing Item 7 -D
P &Z December 19, 2012
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615
November 19, 2012 Public Hearing Item 7 -D
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, December 19, 2012 The meeting will begin at
6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the
Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the
following request:
CASE: 13 -012
APPLICANT: Kodiak Island Borough
AGENT: Mike Patterson
REQUEST: A Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey
3945 and the remainder of ADL 44355, comprising the Kodiak Island
Borough Solid Waste Disposal Site, from a combination of PL- Public Usc
Land and C- Conservation Zoning District to I- Industrial Zoning District.
LOCATION: 1203 Monashka Bay Road (AKA — Tax Lot 2001, Township 27 South,
Range 19 West)
ZONING: C- Conservation and PL- Public Use Land
This notice is being sent to you because our records indicate you are a property owner /interested party in the area of
the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter
to the Community Development Department. Written comments must be received by 5 pm, Tuesday, December
4, 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 your comments to ssmithf kodiakak.us. If you would like to testify via
telephone, please call in your comments during the appropriate public hearing section of the meeting. The
local call -in telephone number is 486 -3231. The toll free telephone number is 1- 855 -492 -9202.
One week prior to the regular meeting, on Wednesday, December 12, 2012, a work session will be held at 6:30 p.m.
in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case.
Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's
decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us
at 486 -9363.
Your Name: Mailing Address:
Your property description:
Comments:
Case No. 13 -012 Public Comment Page 1 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
Notification Area Request: A rezone, according to KIBC 17.205.030 C, to rezone
Lot 1, U.S. Survey 3945 and the remainder of ADL 44355,
P &Z Case 13 -012 comprising the Kodiak Island Borough Solid Waste Disposal Site,
Kodiak Island Borough from a combination of PL- Public Use Land and C - Conservation
Zoning District to I — Industrial Zoning District
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This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333.
Case No. 13 -012 Public Comment Page 2 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
MARK WITHROW ETAL BRIAN DIXON ETAL MARTHA MCKINNEY
1818 EAST REZANOF DR PO BOX 364 P.O. BOX 2037
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
CAROL JUERGENS ETAL MARK ANDERSON DANNY JACKSON ETAL
1818 E REZANOF DR 1124 STELLER WAY PO BOX 169
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
KEVIN LOFBERG FORREST GOULD S & Y REVOC TRUST
2289 FOREST DR P.O. BOX 1214 C/O SUZANNE SOLENBERGER
KODIAK, AK 99615 KODIAK, AK 99615 BARROW, AK 99723
ANDREW SCHROEDER S & Y REVOC TRUST DOUGLAS MATHERS
PO BOX 301 C/O SUZANNE SOLENBERGER PO BOX 2916
KODIAK, AK 99615 BARROW, AK 99723 KODIAK, AK 99615
LAWRENCE ELLSWORTH LOGAN CRANE JAMES SWEARINGIN
PO BOX 751 7065 CALLE PONCE DE LEON 1877 MARMOT DR
KODIAK, AK 99615 NAVARRE, FL 32566 KODIAK, AK 99615
KENNETH PAULLIN SHAWN DILLON KENNETH CHRISTIANSEN
1523A MISSION RD P.O. BOX 1896 1849 MARMOT DR
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
MICHAEL TICFMAN JOHN W KIMMEL GARRICK D BARNES
2159 ISLAND CIRCLE 2107 ISLAND CIRCLE 2091 ISLAND CIR
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
ROBERT MUDD JR JAMIE GODWIN JEAN DICKSON ETAL
PO BOX 8933 PO BOX 1532 P.O. BOX 8347
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
DAVID SUNDBERG THOMAS ANTHONY FRANK FISH
SR 2055 MARMOT DR. 2032 ISLAND CIRCLE P 0 BOX 437
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
VETERANS OF FOREIGN WARS FREDERICK MILLER JOHN THOMAS
PO BOX 404 PO BOX 9035 P.O. BOX 3131
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
Case No. 13 -012 Public Comment Page 3 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
PAUL ZIMMER ETAL DAVID PUTNAM PAUL ZIMMER ETAL
2000 RIDGE CIRCLE PO BOX 1541 2000 RIDGE CIRCLE
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
KODIAK ISLAND BOROUGH MONASHKA BAY ROAD, LLC KODIAK ISLAND BOROUGH
710 MILL BAY RD PO BOX 1753 710 MILL BAY RD
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
CITY OF KODIAK KODIAK ISLAND BOROUGH KODIAK ISLAND BOROUGH
P.O. BOX 1397 710 MILL BAY RD 710 MILL BAY RD
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
Case No. 13 -012 Public Comment Page 4 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
Sheila Smith
From: nat wales < middlebaynat @yahoo.com>
Sent: Monday, December 03, 2012 8:57 PM
To: Sheila Smith
Cc: middlebaynat @yahoo.com
Subject: CASE 13 -012 PUBLIC COMMENT
CASE 13 -012 DEC 3, 2012
I would like to comment on the rezone of the Kodiak Island Borough Landfill from
PUBLIC USE (PL) and CONSERVATION (C) to (I) an INDUSTRIAL zoning district.
First I'm surprised that the KIB landfill is still zoned or even allowed in it's present zoning
status. I whole heartily endorse the borough to upgrade the zoning to Industrial as it should
be anyway.
My wife and I have lived in Middlebay for 30 years where the city has proposed hauling their
sewage sludge for the comercial composting project. This could have possible severe
negative impacts on our neighborhood do to smells along with possible water and health
impacts to name a few.
I favor the idea of relocating the commercial composting operation to the KIB landfill after
it is rezoned to industrial and the expansion projects are ready for them.
I understand that the leachate problem at the land fill is being addressed with a new
treatment facility. Wouldn't it be possible to combine commercial composting at the
landfill and site its operation there where it's leachate would also be treated.
Again rezoning the landfill to Industrial is common sense where both sanitary landfills
and commercial composting are allowed as conditional uses.
Nat Wales
po box 1786
MP 21 chiniak Hwy
Middlebay
1
Case No. 13 -012 Public Comment Page 5 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
Sheila Smith
From: Sarah thayer <ktbls @yahoo.com>
Sent: Monday, December 03, 2012 10:53 PM
To: Sheila Smith
Subject: Public Hearing Notice
Re: Case 13 -012
Request: Rezone Landfill from a combination of PL and C Zoning District
to I- Industrial Zoning District
I, Sarah Thayer, approve the landfill being rezoned from C and PL to I.
It makes total sense. Should have been done years ago. Under Industrial,
commercial composting is permitted. Pete Olsen can do his sludge
composting or the boro can do its own but it will not be done in pristine
Middle Bay!
The green belt area will remain so no landfill - bordering property owners
should be worried. The buffers will still be there.
For these positive points, please approve this rezone.
Thank you.
P.O. Box 1282
MP 21 Chiniak Hwy.
Middle Bay
Kodiak
1
Case No. 13 -012 Public Comment Page 6 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
Sheila Smith
From: Douglas Pengilly <douglaspengilly @icloud.com>
Sent: Tuesday, December 04, 2012 12:50 PM
To: Sheila Smith
Subject: P &Z case 13 -012 (and 13 -016) on the agenda for 19 December 2012 meeting
P &Z:
My name is Douglas Pengilly. These written comments pertain to case 13 -012 and the related case
13 -016 that the P &Z will be addressing at their December 19, 2012 meeting. I live with my family at
the property we own at 2063 Island Circle, which borders the lot being considered for rezoning as (-
Industrial.
First, I think it goes without saying that absolutely no one in my neighborhood is in support of
rezoning the lot that the landfill is in (a lot that is currently a mix of C- Conservation and PL- Public
Use, with a "greenbelt" thrown in) as Industrial. We have serious concems related to health issues
(e.g., we are all on well water), quality of our lives, and the monetary value of our homes. A lot of
time and words can be saved here by sampling noting the obvious: no one who lives in this
neighborhood chose to buy a home and raise a family in this area out of a desire to live next to an
industrial zone. The reactions to this possible rezoning that my neighbors have told me include:
disbelief, outrage, tears, nightmares, and "if it happens, we're selling our house and moving!" It was
not too long ago that we had to fight a request to rezone the nearby "Sawmill Lot 1" as Industrial;
turning the lot that the landfill is on - which actually borders our residential lots and is more than 13
times bigger than "Sawmill Lot 1" - into an industrial zone is unacceptable.
I want to be clear that, in the remainder of my written comments, I am only speaking for myself. I can't
say that any of my neighbors will agree with what I am saying, because I haven't had a chance to
discuss an approach to this issue with my neighbors (mainly we have only been able to study and
gather information on this issue independently - when we were not wringing our hands over it).
I believe that the P &Z should take their consideration of cases 13 -012 and 13 -016 as an opportunity
to resolve the re- occurring land- use /residential -use conflicts brought before the P &Z that have existed
since my wife and I purchased and moved into our house in 1990. Although the landfill takes up a
portion of the lot in question, much of that lot has been de facto natural use land; it is filled with trails
and includes a beach used by many people (not just people in the neighborhood). Moreover, we in
the neighborhood count on it to be in a natural -use state for the purposes of our health (e.g., well
water, again), quality of life, and the related home values. Whether or not correct in legal
interpretation, this is what most people think is intended when they see that land is zoned
"conservation" or "public use" and are told that it includes a "greenbelt." So my recommendation to
address case 13 -012 and the re- occurring land -use conflicts in this area are to:
1) 1) The lot that the landfill is in should be subdivided into two lots so that the land that is currently
zoned Public Use, all the land that is included in the "greenbelt ", and all land that is currently zoned
as Conservation that is not needed for the landfill or for its expansion plans (I believe I have seen a
map with the plans for the landfill development in the next 40 years) can be zoned as NU- Natural
Use.
Case No. 13 -012 Public Comment Page 7 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
2) 2) Rezone that land described in (1) as NU- Natural Use.
3) 3) If it is entirely necessary (i.e., not just for purposes of bureaucratic simplicity) that the remaining
area used by, and reasonably projected to be used by, the landfill in that lot be rezoned from C-
Conservation to I- Industrial, then the decision to make that rezoning should be accompanied in the
written record that no other uses for that land (whether or not they are allowable in the I- Industrial
zone) can be allowed without a public hearing before and approval by the P &Z.
4) 4) Finally, complete the resolution of the "re- occurring land- use /residential -use conflicts" in this area
by rezoning the other Borough -owned lot that borders the residential property (i.e., the currently -
empty "Sawmill Lot 2 ") from C- Conservation to NU- Natural Use.
Thank you for your consideration of this. — Douglas Pengilly
2
Case No. 13 -012 Public Comment Page 8 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
KODIAK ISLAND BOROUGH I l f (',G E D yr [ p,
COMMUNITY DEVELOPMENT DEPARTM N
710 Mill Bay Road, Kodiak, Alaska 99615 NOV 5 2l))2 I✓;
(907) 486 -9363
October 17, 2012 Public Hearing Item 7 -A
PUBLIC HEARING NOTICE COMMUNITY DEVELOPh1EN "DEPARTMENT
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:
A) CASE: 13 -012
APPLICANT: Kodiak Island Borough
AGENT:
REQUEST: A rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945
and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid
Waste Disposal Site, from a combination of PL- Public Use Land and C -
Conservation Zoning District to I — Industrial Zoning District.
LOCATION: 1203 Monashka Bay Road ( AKA - Tax Lot 2001,Township 27 South, Range 19
West)
ZONING: PL- Public Use Land and C- Conservation
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 (11121), 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.
II keL 1 1
Your Name: S1 � C)l(�V\ (` // �� Mailing Address: z -/.J S \
Your property description: A4,)mILL S U/Y!U/I Sfll.ti f L ft Z.
comments: _ ' , i - C � C / A • L pia! i 72f�u 4r i e W JUL!
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Case No. 13 -012 Public Comment Page 9 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
2012 -12 -04 08:00 FED 19074875494 » aklslandBorough P 1/1
Submit byEmail
efeh\ Kodiak Island Borough Community Development Department
710 Mill Bay Rd, Rm205, Kodiak, AK99615
M Ph. (907) 486 - 9362 Fax (907) 486 - 9396 I Prim Forth
http: / /www.kodiakak-us
Public Hearing Comment
P & Z Case No: Case el 3-012 Solid Waste Landfill Re -Zone & Case 1113-016 Conditional Use Permit
Your Name: Frederick and Theresa Miller
Mailing Address; PO Box 9036, Kodiak, AK 99615
Other Contact email, etc.: ftmillerepgci.neq telephone 486-5512
Your Street Address 2069 Ridge Circle, Kodiak, AK 99615
Please enter your comments below. Use additional pages as needed.
Dear Planning and Zoning Commission,
We are residential property owners in close proximity to the Conservation and Public Use zones near the landfill tracts that are
currently being considered for rezoning and conditional use permitting. We are also familiar with the Greenbelt established by
KIB-C 98-06-0 to serve as a visual and sound barrier separating activities at the landfill site from residences In the area. It Is Important
to note that It Is widely recognized that the wetland within the Greenbelt also serves an important water quality function because It
acts as a contaminant sink and filter to pollutants found in the landfill leachate. The Greenbelt will continue to serve this critical
function even after the new waste water treatment plant is constructed and operational, Water quality is important to the residents
near the landfill because many currently use drinking water wells that could be effected by solid waste contaminates.
The proposed change to Industrial Zoning threatens the health, well-being, and property values of residents in the
vicinity of the landfill because it threatens the established Greenbelt To my knowledge no new industrial activities, other than
landfill lateral expansion and waste watertreatment facility, are currently proposed but rezoning opens the door to such activities.
The existing buffer zone is not substantial when compared to the large scale industrial activities currently taking place at the landfill
and adjacent commercial sawmill site. Additional loading to the greenbelt is likely to render It ineffective for Its stated purpose. We
are in complete agreement that the current landfill, lateral expansion, and water treatment plant would be appropriately rezoned
to Industrial. However, it is inappropriate to rezone the Greenbelt to Industrial.
For the reasons stated above, we are opposed to the current proposal (Case #13 -012) of rezoning the entire Conservation and Public
Use parcels In the vicinity of the landfill, We urge the committee to consider an alternative plan that would involve creating an
Industrial Zone that encompasses the Landfill operations only (to Include the important expansion projects currently underway),
while maintaining adjacent Conservation Zone, Public Use Zone, and established Greenbelt that will serve to protect the nearby
residents.
Respectfully,
Frederick and Theresa Miller %//
Date: December 4, 2012 Signature: A /����' / //J ---
Case No. 13 -012 Public Comment Page 10 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
Sheila Smith
From: M. McKinney <marthyog @hotmail.com>
Sent: Tuesday, December 04, 2012 4:20 PM
To: Sheila Smith
Subject: Case 13 -012 and Case 13 -016
To Whom it May Concern:
I oppose the rezone of Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, from combination of PL- Public
Use Land and C- Conservation Zoning District to I- Industrial.
To my knowledge there has already been an illegal expansion of the KIB Solid Waste Disposal Site. For the Borough to
now
rezone the area industrial and not acknowledge the greenbelt boundary that was promised to the residents of Three
Sisters Way and Monashka Way is dishonest, wrong, and dangerous.
To not notify landowners on both sides of the streets eliminates input from the people whose wells, property values, and
residences are threatened by this irresponsible action. The maps sent out do not show the numerous wetlands, nor the
greenbelt boundary.
I object to the manner in which public input has been limited. I respectfully request that the greenbelt boundary be zoned
as such.
I oppose the conditional use permit to expand the landfill. If any expansion is to be considered, it should be in the other
direction
toward Pillar Creek. Please protect your citizens.
Thank you and Sincerely,
Martha McKinney
PO Box 2037
Kodiak, AK 99615
Property Description: USS 1678 TR B LT 7
Case No. 13 -012 Public Comment Page 11 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
KODIAK ISLAND MEDICAL ASSOCIATES LLC
1818 EAST REZANOF DRIVE • KODIAK, ALASKA 99615 • (907) 486 -6065 or 486.3177 • FAX 486 -2248
MARK WITHROW, M.D. • General Practice PAUL ZIMMER, M.D. • Family Practice
CAROL JUERGENS, M.D. • Internal Medicine �1�` RAE JEAN BLASCHKA, A.N.P
STEVE BURNSIDE, M.D. • Internal Medicine t r y. LAURA WALTERS, M.D. • Family Practice •DAYNA FERGUSON, M.D. • Family Practice '..M,i., % GREG METE, PA -C
SHAWN VAINIO, M.D. • Family Practice JENNIFER WEBSTER. M.D. • Family Practice
NADENE ELLS WORTH, Office Manager
illECEOVE
Mike Patterson NOV 2 6 2012 J November 15, 2012
Engineering and Facilities
Kodiak Island Borough
Community Development Department COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road
Kodiak, Alaska 99615
RE: Case 13 -012, change of zoning from public use and conversation to industrial zone.
Dear Mr. Patterson:
I probably will not be able to attend the December 19, 2012 planning and zoning regular meeting. I
would like to add my comments on the proposed zoning change.
I was the Monashka Bay Service Road District Chairman for six years in the early part of 2000. My time
was responsible for the Greenbelt Boundary, Kodiak Island Borough Ordinance #98 -06 -0.
I am no longer on the board. But I do, of course, have opinions.
1. Not in my backyard. This may be opinion of others, but it is not mine. I believe it makes sense
that if the borough is receiving material from the sewage treatment plant now, that it continue to
take it and have the composting operation that was going to be in Middle Bay occur on the
landfill site.
2. As a resident of the closest population (the Monashka Bay Road Service District) I would ask
your consideration in also putting a transfer station at the landfill. This also makes good sense in
an island community. We need to recycle more. The personnel at the landfill can also monitor
for illegal dumping. Ultimately, a transfer station reduces the amount in the landfill.
3. Change greenbelt to environmental zoning.
In summary, I am not against the change of zoning from public use and conservation to industrial. I
would favor having the composting to happen at the landfill whether you need to expand it a little bit into
the Greenbelt or in a more westerly direction toward the VFW. Either solution makes more sense than
trucking the sewage to Middle Bay. Secondly, in consideration for this composting in the landfill, I
would request that a transfer station be set up also on the landfill for effective recycling in our
community. Common sense remains a rare commodity but a noble goal.
Sincerely,
Mark Withrow, MD
Resident, Monashka Bay Road Service District
MW:kgw
D: 11/15/2012/f: (1/16/2012
Case No. 13 -012 Public Comment Page 12 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
KODIAK ISLAND BOROUGH q)R(P
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mil Bay Road, Kodiak, Alaska 99615
(907) 486-9363
October 17, 2012 Public Hearing Item 7 -
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, 7 4 a A a, before the
Kodiak Island Borough Planning and Zoning Co si rtc ." any, on the
following request:
A) CASE: 13 -012
APPLICANT: Kodiak Island Borough NOV 6 2012 ✓
AGENT: —
REQUEST: A rezone, according to KIBC 17.205.030 C, to rezone n �tv e ,iyi� L �pp o Cr tt p y 2 q ,U ..�..�S�. urvey 3945
and the remainder of ADL 44389 st sontprt4 r�� e'KUtlydg'f50'borough Solid
- - - • • - • Waste Disposal Site, a combination of PL- Public Use Land and C - Conservation Zoning District t0 I - Industrial Zoning District.
LOCATION: 1203 Monashka Bay Road ( AKA - Tax Lot 2001,Township 27 South, Range 19
West)
ZONING: PL- Public Use Land and C- Conservation
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 ssmithfalkodiakak.us. tf 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 630
p.m. in the Kodiak Island Borough Conference Room (8121), 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; Jail Geld +t1 4\1/4, ( /'` Maiilnt nddree
Your property M
description: r,CIRW cXoik C Y'L� Let ya s
Comments:
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Case No. 13 -012 Public Comment Page 13 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
•
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615
(907)486 -9363
November 5, 2012 Public Hearing Item 7 -A
PUBLIC HEARING NOTICE
The case listed below was postponed to the Decent 19,0001 apiggrj g
Commission regular meeting. The comment deadline h o e } d e r
4, 2012.
CASE: 13 -012 • DEC - 4 2012
APPLICANT: Kodiak Island Borough
AGENT: Mike Patterson
REQUEST: A rezone, according to KIBC 17105.030 C, tpcpgppp th a yp&
- -- - the ••remainder of A15L 44355, comprising the Kodiak Island Borough Solid Waste
Disposal Site, jar a combination of PL Public Use Land and C - Conservation
Zoning District 10 I - Industrial Zoning District. .
LOCATION: 1203 Monashke Bay Road ( AKA - Tax Lot 2001,Township 27 South, Range 19
West)
ZONING: FL-Public Use Land and C- Conservation
This notice is being sent to you because our records indicate you are a property owner/nterested 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, December 4, 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 your comments to amrit gakodiakak.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 tall free 'Alaska telephone number Is 1- 855-9202.
One week prior to the regular meeting, on Wednesday, December 12, 2012, a work session will be held at 6:30 p.m.
in the Kodiak Island Borough Conference Room (8121), to nmew the packet material for the case.
Kodiak Island Boma) 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. ft / ��p ��r ", y _
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Case No. 13 -012 Public Comment Page 14 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
Sheila Smith
From: Ed and Vicki DeNoyelles <denoyelles @hotmail.com>
Sent: Monday, December 03, 2012 7:29 PM
To: Sheila Smith; kdm
Subject: LANDFILL REZONED TO INDUSTRIAL
Sheila,
I was managing the Adak Landfill twenty years ago as a federal employee. ADEC was very proative when I approached
them at that time to bring Adak Landailinto compliance. Now I am a federal employee with the USCG as a environental
program manager.
Speaking from solid experience and as a kodiak citizen we need to manage our landfill effectively and responsibly. Lets
rezone. And am very concerned about why we just don't go to ADEC and show that we can safely store sewage sludge
on existing footprint of the landfill with effective placement of liner to prevent leachate runoff of sewage sludge until
placement or composting of final destination. The City and USCG think itis okay to place on USCG property in pristine
Buskin Watershed, next to a drinking water plant and then move again at a later date to a unknown destination.
I heard on the radio that Juneau and Kodiak re the most expensive cities to reside in Alaska. We are our own worst
enemy and need to logically work together in a responsible fiscally cognizant manner.
Thanks,
Ed DeNoyelles
539 -6987
Case No. 13 -012 Public Comment Page 15 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
KODIAK ISLAND BOROUGH •
COMMUNITY DEVELOPMENT DEPARTMENT " (P
710 Mill Bay Road, Kodiak, Alaska 99615
November 19, 2012 Public'Hearing Item.7. -D.
PUBLIC HEARING NOTICE `3'
A public hearing will be held on Wednesday, December 19, 2012 The meeting will begin at
6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the
Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the
following request:
CASE: 13 - 012
APPLICANT: Kodiak Island Borough
AGENT: Mike Patterson
REQUEST: A Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey
3945 and the remainder of ADL 44355, comprising the Kodiak Island
Borough Solid Waste Disposal Site, from a combination of PL- Public Use
Land and C- Conservation Zoning District to I- Industrial Zoning District.
LOCATION: 1203 Monashka Bay Road (AKA — Tax Lot 2001, Township 27 South,
Range 19 West)
ZONING: C- Conservation and PL- Public Use Land
This notice is being sent to you because our records indicate you are a property owner /interested party in the area of
the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter
to the Community Development Department. Written comments must be received by 5 pm, Tuesday, December
4. 2012 to he considered by the commission. If you would like to fax your comments to us, our fax number is:
(907) 486 -9396. or you may email your comments to ssmithfakodiakak.us. If you would like to testify via
telephone, please call in your comments during the appropriate public hearing section of the meeting. The
local call -in telephone number is 486 -3231. The toll free telephone number is 1- 855 -492 -9202.
One week prior to the regular meeting, on Wednesday, December 12, 2012, a work session will be held at 6:30 p.m.
in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case.
Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's
decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us
at 486 - 9363 ;r
Your Name:rllMW / / . Mailing Address: l'(/ MILL-
your property description: c 2 y /2? 'PKI ei�� Q (-lay l
Comments: 1 fl-e- I J1 l Q , 4g,7D F s�UP f-S - I f� f
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Case No. 13 -012 Public Comment Page 16 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
Martin Lydick
From: Duane Dvorak
Sent: Monday, December 03, 2012 3:16 PM
To: Martin Lydick
Subject: FW: Online Form Submittal: Comments & Questions
Related to Cases 13 -012 and 13 -016. - -Duane
Original Message
From: Meagan Christiansen
Sent: Monday, December 03, 2012 2:55 PM
To: Duane Dvorak
Cc: Mike Patterson
Subject: FW: Online Form Submittal: Comments & Questions
The following came in via the website...
Original Message
From: support@civicplus.com [mailto:support@civicplus.com]
Sent: Monday, December 03, 2012 2:52 PM
To: Meagan Christiansen
Subject: Online Form Submittal: Comments & Questions
The following form was submitted via your website: Comments & Questions
Name:: Christine Ford
Address:: 12433 S. Russian Crk. Rd.
City:: Kodiak
State: : AK
Zip:: 99615
Home Phone Number:: 9074874911
Daytime Phone Number::
Email Address:: fordchristine@yahoo.com
Comments & Questions:: Please change the zoning for the landfill to industrial to allow composted sewage to be
dumped in the landfill.
Additional Information:
Form submitted on: 12/3/2012 2:52:20 PM
Case No. 13 -012 Public Comment Page 17 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
Submitted from IP Address: 216.67.80.155
Referrer Page:http:J /www.kodiakak.us /index.aspx ?NID =240
Form Address: http: / /www.kodiakak.us /Forms.aspx ?FID =79
2
Case No. 13 -012 Public Comment Page 18 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615
November 19, 2012 Public Hearing Item 7 -D
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, December 19, 2012 The meeting will begin at
6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the
Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the
following request:
CASE: 13-012 •
APPLICANT: Kodiak Island Borough
AGENT: Mike Patterson
REQUEST: A Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey
3945 and the remainder of ADL 44355, comprising the Kodiak Island
Borough Solid Waste Disposal Site, from a combination of PL- Public Use
Land and C- Conservation Zoning District to I- Industrial Zoning District.
LOCATION: 1203 Monashka Bay Road (AKA - Tax Lot 2001, Township 27 South,
Range 19 West)
ZONING: C- Conservation and PL- Public Use Land
This notice is being sent to you because our records indicate you arc 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, Tuesday, December
4, 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 your comments to ssmitht kodiakak.us. If you would like to testify via
telephone, please call in your comments during the appropriate public hearing section of the meeting. The
local call -in telephone number is 486 -3231. The toll free telephone number is 1- 855 -492 -9202.
One week prior to the regular meeting, on Wednesday, December 12, 2012, a work session will be held at 6:30 p.m.
in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case.
Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's
decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us
at 486 -9363.
Your Name: - TOM m t Yy Mailing Address: 2 -€1.32- t 5 c c
Your property description: 20 3 2 15 LA-LC C t.'Lc L E 1.49 A-4.4
Comments: 5 l l .4 i t4 `-e-.'
a c r 1= I 1/ F i
I I L v L t . �
LI DEC -42012
COMMUNITY UEVELOPMENI yam
Case No. 13 -012 Public Comment Page 19 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
I'm writing in regards to the rezoning of land that borders my property. You want to
rezone the land from Public Use /Conservation to Industrial to further expand the landfill.
I oppose this rezoning for a number of reasons. The following are reasons I oppose the
rezoning of the land.
❑ A decrease in value of my property due to close proximity to a landfill
❑ Excess noise pollution
❑ Undesirable smell from the landfill
❑ Losing the aesthetic value of our property
❑ Possible ground water contamination into our drinking water and well systems
Furthermore I am concerned that the development will take away a recreation location for
many of the residents that live off of Marmot drive and Three Sisters Rd. This area is
frequently used by many residents as a place to hike, access the beach, kayak, and enjoy
the natural beauty of Kodiak close to home. As land access has become scarcer on the
Kodiak road system recently, it would be a shame to further cut more access to natural
areas. I want to raise my children close to "the woods" and let them grow up and play in
these areas. Not a landfill.
P.S.
After speaking with other neighbors there is some confusion on if the greenbelt proposal
is still effective. Everybody received that notice, but the newer notices do not contain the
greenbelt. Someone may want to clear that up at the meeting on December 19, 2012.
Thank you for considering my concerns on this rezoning
Torte Anthony
2032 island Circle
Kodiak AK
iZzaereva Ca Le 13 -01
Case No. 13 -012 Public Comment Page 20 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
Sheila Smith
From: Paul Zimmer <kodiakzimmers @yahoo.com>
Sent: Saturday, November 24, 2012 6:49 PM
To: Sheila Smith
Subject: Case 12 -012
Dear P &7 Commission:
We live at 2000 Ridge Circle, and also own the lot at 2003 Ridge Circle. Both properties
border Lot 1 U.S. Survey 3945, which is the lot containing the Kodiak Solid Waste Disposal
Site.
We oppose the rezone of the entire lot to industrial for the following reasons:
1) Adjacent industrial activity could potentially alter the nature of our neighborhood, and
has the potential to decrease property values. Most of us who live out here do so because
we value the natural beauty. Even though current plans do not call for industrial
development adjacent to the residential lots, future borough assemblies may not honor the
intentions of the current and past assemblies to declare a "Greenbelt ". It is our
understanding that the term "Greenbelt" is descriptive only, and is not a true, legal
protection for that land.
2) All of the residents adjacent Lot 1 U.S. Survey 3945 are on fresh water wells. Extending
the solid waste disposal site would jeopardize the water quality and health of the residents.
3) The owner of the sawmill lot has been trying for several years to change zoning to allow
for more industrial use. Most of our Marmot Drive neighbors have opposed this. (Note that
significant industrial activity has occurred on this lot even though it is not zoned for such
use. ) Changing the adjacent lot to industrial will further encourage the owner to to
continue to pursue such a designation for his lot.
Instead, we propose that the lot be subdivided. The area incorporating the current landfill
and expansion be zoned industrial. The remainder of the lot, including the entire area
currently labeled "greenbelt ", as well as the large wetlands, and the beach area on
Monashka Bay, be zoned Natural Use, Wildlife Habitat, or another, equally protective
designation that would truly protect the area adjacent to the residential district from
development.
Thanks You E © E II V 1�
Sincerely U L�
NOV 2 6 2012
Paul Zimmer and Tia Leber
2000 Ridge Circle,
Kodiak AK 99615 COMMUNITY DEVELOPMENT DEPARTMENT
Case No. 13 -012 Public Comment Page 21 of 21
Public Hearing Item 7 -D
P &Z December 19, 2012
MEMORANDUM
DATE: December 7, 2012
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Information for the December 19, 2012 Regular Meeting
CASE: 13 -012
APPLICANT: Kodiak Island Borough
Agent: Mike Patterson
REQUEST: A rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and
the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste
Disposal Site, from a combination of PL- Public Use Land and C - Conservation
Zoning District to I — Industrial Zoning District.
LOCATION: 1203 E. Monashka Bay Rd.
ZONING: C - Conservation Zoning District & PL- Public Use Zoning District
Thirty nine (39) public hearing notices related to this request were mailed on October 17, 2012.
Fourteen (14) responses have been received commenting on this request for a rezone.
Date of site visit: Various
1. Zoning History: The 1968 Comprehensive Plan identified this area as
Unclassified. Ordinance 77 -15 -0 rezoned the tract to C -
Conservation Zoning District. Ordinance 84 -58 -0- rezoned a
portion (generally described as the designated
greenbelt /buffer zone) of the tract to PL- Public Use Zoning
District.
2. Lot Size: 202.51 acres
3. Existing Land Use: Community landfill & associated mechanical facilities.
4. Surrounding Land Use and Zoning:
North: Monashka Bay
Use: Marine environment
Zoning: n/a
South: Sawmill Subdivision Lot 1
Use: Warehousing & outdoor storage
Zoning: C - Conservation Zoning District
South: Unsubdivided portion United States Survey 3945
Use: (City of Kodiak)
Zoning: C - Conservation Zoning District
•
Case No. 13 -012 Staff Rpt Page 1 of 7
Public Hearing Item 7 -D
P &Z December 19, 2012
East: Island Vista Subdivision & portions of remainders
Use: Single Family Residence(s)
Zoning: RR -1 Rural Residential Zoning District
West: Monashka Bay Tract A of BLM Tract D
Use: Institutional, RV Park, & Recreation
Zoning: C - Conservation Zoning District
5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan
designates the proposed rezone area as a combination of
Industrial /Light Industrial, & Open Space /Recreation.
6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough
Code are applicable to this request:
KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be
based upon the recommendations contained in the comprehensive plan. The applicable
comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update.
The Plan notes under "Implementation Policies i
Identify an adequate supply of land in each community to meet future needs for homes
and businesses, including commercial and industrial uses. Additional study is needed to
estimate future employment in specific industries and related needs for land zoned for
those types of uses. For example, in assessing the need and most appropriate locations
for new industrial land, consider the following factors.
© The need to support potential economic growth sectors. The level of need should be based on
an assessment of trends in population growth and in specific economic sectors, including a
realistic assessment of their potential within the KIB.
9 Proximity to adequate public facilities, including roads, water and air transport facilities, as
well as water and wastewater treatment facilities.
e Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural
resources.
VI Parcel size, topography and other site characteristics as they relate to the requirements of
businesses in anticipated growth industries.
Chapter 17.105 — INDUSTRIAL DISTRICT
17.105.005 Description and intent.
The I industrial zoning district is established as a district in which the principal use of the land is
for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and
distributing operations, which may create some nuisance, but which are not properly
associated nor compatible with residential land uses. For the industrial zone, in promoting the
general purpose of this title, the specific intentions of this chapter are:
1 2008 Comprehensive Plan Update, Chp. 12 page 3.
Case No, 13 -012 Staff Rpt Page 2 of 7
Public Hearing Item 7 -D
P &Z December 19, 2012
A. To encourage the construction of and the continued use of the land for business and
industrial purposes;
B. To prohibit all residential uses of the land not associated with industries and any other
land use which would substantially interfere with the development, continuation or
expansion of industry in the zone;
C. To concentrate the industrial and business uses within designated areas to protect
residential districts from noxious or noisy operations; and
D. To encourage the discontinuance of existing uses that would not be permitted as new
uses under the provisions of this chapter.
17.105.010 Permitted uses.
The following uses of the land are permitted in the industrial district:
A....
N. Junkyards, wrecking, salvage or scrap metal operations;
0....
17.105.020 Conditional uses.
The following uses may be permitted by obtaining a conditional use permit in accordance with
the provisions of Chapter 17.200 KIBC:
A....
E. Garbage disposal sites, dumps and sanitary landfills; and
F....
17.105.030 Lot requirements.
A. Lot Area. The minimum lot area required is 20,000 square feet.
B. Lot Width. The minimum lot width required is 75 feet.
17.105.040 Yards.
A. Front Yards.
1. There shall be a front yard of not less than 30 feet.
2. The front yard, when facing a state highway, shall be not less than 50 feet.
B. Side Yards.
1. There shall be a side yard on each side of a principal building of not less than 20 feet,
except that approved fire wall installations between adjoining structures provide for
construction on the lot line.
C. Rear Yards.
1. There shall be a rear yard of not less than 20 feet, except that approved fire wall
installations between adjoining structures provide for construction on the lot line.
D, Exemptions. Waterfront industries are exempt from the requirements of this section.
17.105.050 Building height limit.
The maximum height of a structure is unrestricted, except that no structure shall interfere with
Federal Aviation Administration regulations on airport approach; and provided further, that
within 50 feet of any residential district boundary, no portion of any structure shall exceed the
height limitations of the residential district.
17.105.060 Performance standards.
All permitted and conditional uses shall comply with the performance standards listed, where
applicable, in this section.
Case No. 13 -012 Staff Rpt Page 3 of 7
Public Hearing Item 7 -D
P &Z December 19, 2012
A. Noise. The noise emanating from a premises used for industrial activities shall be muffled
so as to not become objectionable due to intermittent beat, frequency, or shrillness; and
where a use adjoins a residential district, the noise loudness measured at the boundary
line shall not exceed 90 decibels.
B. Lighting. Any lighting shall not be used in a manner which produces glare on public
highways and neighboring property. Arc welding, acetylene torch cutting and similar
processes shall be performed so as not to be seen outside the property.
C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied
petroleum, gases and explosives shall comply with the fire prevention code and all other
applicable laws and regulations. Enameling and paint spraying operations shall be
permitted when incidental to the principal use and when such operations are contained
within a building of two -hour fire - resistive construction. Bulk storage of inflammable
liquids below ground shall be permitted if the tank is located no closer to the property line
than the greater dimension (diameter, length or height) of the tank.
D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any
toxic or corrosive fumes or gases are prohibited.
E. Dust and Smoke. Dust and smoke created by industrial operations shall not be exhausted
into the air in such a manner as to create a nuisance.
F. Open Storage. Any storage shall not be located closer than 25 feet to any street right -of-
way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever
lumber, coal or other combustible material is stored, a roadway shall be provided, graded
and maintained from the street to the rear of the property to permit free access for fire
trucks at any time.
G. Screening. Where an industrial use is adjacent to and within 100 feet of a residential use or
zone, that industry shall provide screening as approved by the commission.
COMMENTS
This request for rezone recognizes the changing regulatory environment of municipal landfilling
operations. Recognition of environmental impacts, shifting public opinion, and acceptance of
the responsibility to properly manage municipal waste streams has prompted the community
to move towards compliance with the local zoning ordinance.
Although specific details of local waste stream processing remain contentious, there is no
debate about the location where the great bulk of processing will take place.
The current use was granted an "Exception" to the Borough Zoning Ordinance on April 24,
1968 As such, the use and structure(s) are regulated as a Nonconformity per KIBC 17.140.090.
The C - Conservation Zoning District is defined as a residential district per KIBC 17.140.100.
KIBC 17.140.020 provides:
It is the intent of this chapter to permit these nonconformities to continue until they are
eliminated. Nonconforming uses are generally incompatible with conforming uses.
Nonconforming nonresidential uses are especially incompatible with permitted uses in
residential zoning districts;
2 Appendix page 16 of 25.
Case No. 13 -012 Staff Rpt Page 4 of 7
Public Hearing Item 7 -D
P &Z December 19, 2012
And KIBC 17.140.050 D provides:
Structures (and Uses ed. containing nonconforming nonresidential uses may not be
expanded.
The expansion of land filling operations and the addition of mandatory facilities in order to
safely process byproduct(s) is in jeopardy without a rezone to an appropriate zoning district.
In order to evaluate the rezone proposal, staff will rely upon the guidance provided by the
applicable comprehensive plan, and the characteristics of the proposed zoning district.
The applicable comprehensive plan provides "in assessing the need and most appropriate
locations for new industrial land, consider the following factors ".
o The need to support potential economic growth sectors. The level of need should be based on
an assessment of trends in population growth and in specific economic sectors, including a
realistic assessment of their potential within the KIB.
Despite the most optimistic projections, the local population trend is flat to declining and
there does not appear to be any impetus for a reversal of this trend in the foreseeable future.
Stable, or even declining populations, do not necessarily correspond to diminishing volumes of
waste. Local efforts to re- direct some wastes by the initiation of voluntary recycling programs
have shown potential to significantly increase the useful life of the current landfill. Mandatory
recycling programs in other jurisdictions have shown even greater positive impacts and return
on investments made by the public for the purpose of responsible management of wastes.
However, absent a dramatic shift in political will, it is unlikely that any adjustment to
management practices will significant decrease the community's generation of wastes.
Growth may not be inevitable, but reliance upon the current location and system of waste
management is assured.
a Proximity to adequate public facilities, including roads, water, and air transport facilities, as
well as water and wastewater treatment facilities.
The subject parcel is located with paved road frontage, yet lacks access to public water and
sewer utilities. These essential utilities are supplied onsite by well and septic systems.
In this instance, and given the type of business (industry) proposed, the distance from an
airport is a desirable characteristic. By locating farther away from airports, conflicts between
aircraft and birds are minimized. The subject parcel is located 4.63 air miles from the State
Airport, and 1.18 miles from the Municipal Airport'.
Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural
resources.
The subject parcel and use is segregated from abutting parcels (including residential parcels) by
the application of land management practices that include dedicated greenbelts and other
3 Appendix page 18 of 25
Appendix pages 19 & 20 of 25.
Case No. 13 -012 Staff Rpt Page 5 of 7
•
Public Hearing Item 7 -D
P &Z December 19, 2012
buffering techniques'. The current request does not include the removal and /or abandonment
of these controls.
Recent development trends in the area:
An established residential neighborhood abuts the proposed rezone tract on the east. Five of
the 39 parcels selected are listed as vacant according to the most recently available assessment
data'. Building permit activity has been slow to non - existent and this trend is expected to
continue into the foreseeable future.
Traffic impacts:
In light of the existing, long- established use, and past efforts to control unwanted ursine
incursions that acted to draw tourists to the area, the potential traffic impacts resulting from a
rezone are expected to be insignificant.
e Parcel size, topography and other site characteristics as they relate to the requirements of
businesses in anticipated growth industries.
Land suitability:
The parcel subject to this rezone request was, in all probability, originally chosen as the
preferred site because of its suitability. Pretty much at the end (then) of the road, dumping
could begin immediately without the expense of large start -up costs.
Size, topography, and other characteristics are suitable for industrial use:
The site totals 202.51 acres. Along the road system, a total of 232.63 acres of land are
identified as zoned industrial. One hundred and fourteen (114) parcels ranging in size from .03
acres (1,131 square feet) to 27.99 acres constitute the accessible industrial zoned inventory.
Predominately located along a narrow strip of coastal lands no existing, individual parcel is
capable of containing the use within the entirety of its boundary.
Initially, topography, as mentioned earlier, was probably one of the main attractions for the
site's location. Naturally occurring depressions could be immediately utilized.
The site's size also means that required improvements (infrastructure) for the continued
operation will be able to be located on -site, without the cost of obtaining additional lands.
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The request is consistent with the recently adopted Kodiak Island Borough 2008
Comprehensive Plan. The future development, i.e., landfill expansion, of the proposed rezone
area will remain consistent with the applicable comprehensive plan.
In essence, rezoning the subject parcel to the I — Industrial Zone District will work to implement
the Comprehensive Plan.
5 Appendix pages 4 thru 13 of 25.
6 Appendix pages 21 & 22 of 25.
7 Appendix pages 23 & 24 of 25.
8 Appendix page 25 of 25.
Case No. 13 -012 Staff Rpt Page 6 of 7
Public Hearing Item 7 -D
P &Z December 19, 2012
RECOMMENDATION
Staff recommends that the Commission forward this rezone request to the Kodiak Island
Borough Assembly with a recommendation for approval.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to recommend that the Kodiak Island Borough Assembly approve a
rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and
the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste
Disposal Site, from a combination of PL- Public Use Land and C - Conservation
Zoning District to I — Industrial Zoning District, AND, to adopt those findings in the
staff report dated December 7, 2012, as Findings of Fact for Case No. 13 -012.
FINDINGS OF FACT
Section 17.205.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
17.205.020 A. Findings as to the Need and Justification for a Change or Amendment.
Responsible management of a community's waste stream is a necessary function
of local government.
Providing the means and venues for managing a community's waste stream
fulfills the government's responsibility as such.
No other consolidated tract of land with the requisite size, accessibility, and
zoning is available.
17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives
of the Comprehensive Plan.
A rezone of the subject parcel would be consistent with objectives of the 2008
Kodiak Island Borough Comprehensive Plan Update.
A rezone of the subject parcel would work to implement the Comprehensive
Plan.
17.205.020 C. Recommendations as to the approval or disapproval of the change or
amendment.
The Kodiak Island Borough Planning & Zoning Commission recommends approval
of this rezone request.
Case No. 13 -012 Staff Rpt Page 7 of 7
Public Hearing Item 7 -D
P &Z December 19, 2012
KODIAK ISLAND BOROUGH
RESOLUTION NUMBER 69 -38 -R
A RESOLUTION OF THE BOROUGH ASSEMBLY OF THE KODIAK
ISLAND BOROUGH PURSUANT TO CHAPTER 5, SUB - CHAPTER 4, SECTION 6 OF
THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES AND RESOLUTIONS APPROV+
ING THE STATE OF ALASKA'S FINAL PLAT OF CITY OF KODIAK SANITARY FIL$
SURVEY
WHEREAS, Chapter 5, Sub - Chapter 4, Section 6 of the
Kodiak Island Borough Code of Ordinances and Resolutions provides
that a final plat shall be approved by the Borough Assembly by
resolution and which resolution shall provide for the acceptance
of all streets, alleys, easements or other open spaces dedicated to
public purposes, and
WHEREAS, the State of Alaska, Department of Natural
Resources, Division of Lands, has presented for approval its final
plat of City of Kodiak Sanitary Fill Site Survey within protracted
Sections 19, 20, 29 and 30, T27S, R19W, S.M. Alaska, and there being
lo roadways or easements shown thereon, the same comprising a tract
of two hundred two point five one (202.51) acres more or less to
be used as a Sanitary Fill Site by the City of Kodiak all as
shown on a plat of said land prepared by ROY A. ECKLUND, Registered'
Land Surveyor, approved by F.J. KEENAN, Director of Lands on
September 24, 1969 and which plat will have access from OTMELCI
Point Road, it being understood that the area will be fenced off
and will have a gate on OEMELOI Point Road and will not be access-
ible by the Public and the City having indicated that in the event
there is a necessity for electrical utility service on said land,
they will provide for the same, and the Planning and Zoning
Commission of the Kodiak Island Borough having approved said final
plat on October 8, 1969.
NOW, THEREFORE, BE IT RESOLVED that the Kodiak
Island Borough Assembly grant approval to the final plat presented
by the State of Alaska Department of Natural Resources, Division
of Lands entitled "City of Kodiak Sanitary Fill Site Survey, Loca-
Page One, RESOLUTION NO. 69 -38 -R
Case No. 13 -012 Appendix Page 1 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
ted within protracted sections Nineteen (19), twenty (201, twenty -
nine (29) and thirty (30) T -27 SR -19 W.S.D. Alaska.
PAST AND APPROVED this 20th day of November, 1969.
KODIAK ISLAND BOROUGH
Aef
3i:d/ etc. Ott
•r.. 0. A 'MAN
ATTEST
d0 OUOA (:LtPK
•
i
I i
Page Two, RESOLUTION N0. 69 -38 -R
•
Case No. 13 -012 Appendix Page 2 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
0 f 0 n I n 9 6 ^
• KODIAK ISLAND BOROUGH
• ORDINANCE NO. 77 -15 -0
AN ORDINANCE AMENDING THE KODIAK ISLAND BOROUGH ZONING
MAP AND DEFINITIVELY ZONING ALL LANDS WITHIN THE BOROUGH NOT
PREVIOUSLY CLASSIFIED
BE IT ORDAINED by the Kodiak Island Borough Assembly
that the official zoning map is hereby amended as follows:
Section 1.
All lands within the corporate jurisdiction of the
Kodiak Island Borough which have not previously been classified
and depicted on the official zoning map are hereby zoned
"Conservation" and all such lands will herein after be so
reflected on the official zoning map until further rezoned in
accordance with Chapter 17 of the Kodiak Island Borough code of
ordinances.
PASSED AND APPROVED this %-- day of ,, 1977
KODIAK ISLAND BOROUGH
B ,. I •
BY Broom,:_
Borou% /'a empore
BY ,soma L -
'res • ng S icer
•
ATTEST:
G i
oroug ,¢'ferk
First Reading, Approval Date: .2 /9 7 7
Second Reading, Public Hearing, Approval Date:. Cl 7, /777
Effective Date: ,��
/
Case No. 13 -012 Appendix Page 3 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
1 1 ' I ^ 3 5 5
KODIAK ISLAND BOROUGH
ORDINANCE NO. 84- 58 -0(A)
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING A
PORTION OF ADL 44355 AND A PORTION OF TRACT "B" OF BIM TRACT D FROM
CONSERVATION TO PUBLIC USE LANDS.
WHEREAS, ADL 44355 has been used for many years as the sanitary
landfill site for the Kodiak road system; and
WHEREAS, this site is being studied in order to identify necessary
improvements to increase the longevity and the environmental quality of the
landfill; and
WHEREAS, this site has potential for use as a dry metal dump when
. i the lease for the existing site located in the City of Kodiak expires; and
WHEREAS, since this large tract of land is adjacent to rural
residential property there is a need for a buffer between the sanitary
i landfill and this residential land use; and
WHEREAS, the Kodiak Island Borough Planning and Zoning Commission
has investigated rezoning this tract of land and bad no objections to this
portion being rezoned to Public Use Lands.
NOW, THEREFORE. BE IT ORDAINED:
Section 1: That a portion of ADL 44355 and that portion of Tract "B" of BLit •
Tract D north of Monashka Bay Road is rezoned from Conservation to:
Public Lands for that portion of the area starting at the southeast
corner of the "sawmill lease tract," running along the easterly boundary
'i of the "sawmill lease tract," and continuing on the same bearing to a
point 271 feet from the northwesterly boundary of U.S. Survey 1678, and
than paralleling the westerly boundary of U.S. Survey 1678 to a point
which lies 271 feet 589'57'27 "W of the corner common to Lot 4. Block 2,
and Lot 4, Block 3, Island Vista Subdivision, U.S. Survey 1678, and than
running southwest generally paralleling the coastline to an intersection
with the westerly boundary of ADL 36049 (VFW site).
Section 2i That the official zoning map shell be updated to reflect this
' rezoning.
•
•
ii
I I
Case No. 13 -012 Appendix Page 4 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
I n 1 5 ;
We
Section 3: That this Ordinance shall be in full force and effect upon passage
and adoption. MI_____- 196'
PASSED AND APPROVED this 6th day of �
I I AODIAE ISLAND BOROUGH
I i
B Y . i /_I,t a/1 .
Boron y or
'.il ATTEST:
BY I Hat h C ark
FIRST READ
INC DATE: October 4, 1984 u' for re o id r, •i
1
l i SECOND READING, PUBLIC HEARING DATE: DBGenher 6 19 4
EFFECTIVE DATE: De enih r
PREPARED BY : Co®unit Davelo ant De artaert
REQUESTED BY : Msembl n ➢ennis N urre
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1
Case No. 13 -012 Appendix Page 5 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
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Case No. 13 -012 Appendix Page 6 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
KODIAK ISLAND BOROUGH
ORDINANCE NO. 97 -15-0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY RESERVING CERTAIN
BOROUGH LANDS AS A VEGETATIVE SCREEN.
WHEREAS, the Monashka Bay Road Service shares a common boundary
•
with the Sanitary Landfill Site; and
WHEREAS, the Monashka Bay Road Service District adopted Resolution
86 -14 -R requesting the Kodiak Island Borough restrict activities along the 200
foot caveman boundary of the service district and ADL 44355 as well as within a
200 -foot buffer surrounding a former beaver pond; and
WHEREAS, this reservation will serve as a visual and sound barrier
tI ii
separating activities at the landfill site from residences in the road service
district;
it NOW THEREFORE, BE IT ORDAINED, by the Xodiak Island Borough Assembly
that:
II SECTION 1. This ordinance is not of a general nature and should not
i become a part of the cede of ordinances.
SECTIGN 2. A greenbelt be reserved along the common boundary of the
Monashka Bay Road Service District and ADL 44355 described as follows:
I (1) Beginning at the most westerly corner of Lot 1, Sawmill
,I Subdivision, Plat No. 84 -46:
Thence, 585.21'00 "M, 739.00 feet;
Thence, 834'39'00 "W, 411.00 feat;
Thence, 825'21'00 "E, 739.00 feet;
Thence, 863'32'46 "E, 1486.67 feet;
Thence, N00'02'33 4 8, 2197.13 feet, more or leas, to the
Mean High Water Line along Monashka Bay,
I f
Thence, northeasterly along said Mean High Water Line to
the common boundary between U.S. Survey 1678 and the City of
Kodiak Sanitary Fill Site Survey, 3093.17 feet, more or less,
to the southwesterly corner of U.S. Survey 1678, common with
the most northerly corner of Lot 2, Sawmill Subdivision;
Thence, S29'45'32'8, 256.77 feet along the northerly
boundary of Lot 2 of said subdivisions
Thence, 543•25'09 "M, 1328.77 feet along the northerly
boundary of Lot 1 of said subdivision, to the Point of
Beginning; and
Case No. 13 -012 Appendix Page 7 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
(2) Lot 2, Sawmill Subdivision
Containing 69.78 acres, mote.or less.
SECTION 3. This reservation prohibits the cutting and removal of
all trees and vegetation and limits activities with the exception of
activities necessary for health purposes such as a settling pond for Leachate
for the landfill; with the concurance of the Monashka Bay Road Service
District.
SECTION 4. Park development may occur on Lot 2, Sawmill Subdivision
with the concurrence of the Monashka Bay Road Service District.
PASSED AND APPROVED THIS 7 day of July ,1987 by the Kodiak
Island Borough Assembly.
KODIAK ISLAND BOROUGH
BY • 22
-ugh Mayor ,
By
P idding Officer
ATT: `� I
r By `d .P�.- �hiC7CW.E.
it eorouq lezk
i
First Reading, Approval Date: May 7, 19137
Second Reading, Public Hearing, Approval Date: June 4, 1987
Adoption Data: July 7, 1987
I Recomended By:
.I
I. Ili
Ordinance No. 87 -15-0
Page 2
Case No. 13 -012 Appendix Page 8 of 25
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t s vs •. a•. 3 f .. 1, r' • •• 0. !ds 2 t ss J. / crL
� -1 Landfill Property Boundary a,.� - •t ti ¢t 8 " L" •` ife•• •y °q ua: a . u t ,i u • � •�,1ay t `Yi. - +1..: �' v
t{ • Y 'W
_. -... -. y Boundary ic . ... a. .� sq , :i a �,}4,,���� -.. - e w. ",9 v .'�lR,,, y y . , 1tZ � P i ' Lit 0 235 470 960 1.410 1.880 V d• ` �.aC a , ,
• a,} J h.' { . ?y"� ' " �y /.b' L + �. ,. 'i
Feet • ♦ _ >a tii ."'�? a r . ...� . ^n, "' �h, 4 : .Sy ,. ,._
a,. '''"E'� ? }r+:. � ,JC.. ai . . __: 1.1 . NfrR� `= c'S.Ft 7?ii .1).. e ( �! ._.�., .....
Case No. 13 -012 Appendix Page 9 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
Introduced by: Mayor Selby
Requested by: Engineering!
Facilities Department
Drafted by: Environmental
Engineer
Introduced: 04/07/98
Public Hearing: 04/16/98
Adopted: 04/16/98
KODIAK ISLAND BOROUGH
ORDINANCE NO. 98 -06
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
REPEALING ORDINANCE NO. 87 -15 -0
RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN
TO RESERVE AN AMENDED GREENBELT COMMON BOUNDARY OF THE
MONASHKA BAY ROAD SERVICE AREA AND BALER /LANDFILL
WHEREAS, the Monashka Bay Road Service Area shares a common boundary with
the Kodiak Island Borough baler /landfill site; and
WHEREAS, the Monashka Bay Road Service Area requested the Kodiak Island
Borough restrict activities along the two hundred foot (200') common boundary of the
service area and ADL 44355, as well as within a two hundred foot (200') buffer
surrounding a former beaver pond; and
WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No. 87 -15 -0
reserving certain Borough lands as a vegetative screen and greenbelt; and
WHEREAS, the Monashka Bay Road Service Area board approved a request of the
Borough to change the greenbelt to accommodate landfill expansion; and
WHEREAS, this reservation will serve as a visual and sound barrier separating
activities at the landfill site from residences in the road service area;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is not of a general and permanent nature and shall not
become a part of the Kodiak Island Borough code of Ordinances.
Section 2: Ordinance No. 87 -15 -0 is hereby repealed to be reenacted by this
ordinance to reserve a greenbelt along the common boundary of the
Monashka Bay Road Service Area and ADL 44355 described as follows:
Beginning at the most westerly corner of Lot 1, Sawmill Subdivision, Plat No. 84 -46;
Kodiak Island Borough, Alaska Ordinance No. 98-06
Page 1 of 2
Case No. 13 -012 Appendix Page 10 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
(1) thence, N37 °16'44 "W, 264.04 feet;
(2) thence, S55 °00 491.62 feet;
(3) thence, S85 °21'00 "W, 171.78 feet;
(4) thence, N34 39'00 "W, 411.00 feet;
(5) thence, N25°21 '00"E, 739.00 feet;
(6) thence, N63 °32'46"E, 1486.67 feet;
(7) thence, N27 42'18 "W, 1,163 feet more or less, to the Mean High Water
Line along Monashka Bay;
(8) thence, northeasterly, approximately 2, 100 feet, more or less, along said
Mean High Water Line to the common boundary between U.S. Survey 1678 and the
city of Kodiak Sanitary Fill Site Survey;
(9) thence, along the common boundary between U.S. Survey 1678 and the city
of Kodiak Sanitary Fill Site Survey S00 °02'33 "E, 3093.17 feet, more or less, to the
southwesterly corner of U.S. Survey 1678, common with the most northerly corner
of Lot 2, Sawmill Subdivision;
(10) thence, S29 °45'32"W, 256.77 feet along the northerly boundary of Lot
2 of said subdivision;
(11) thence, S43 25'09 "W, 1328.77 feet along the northerly boundary of Lot
1 of said subdivision, to the Point of Beginning.
Containing 80.28 acres, more or less.
Section 3: This reservation prohibits the cutting and removal of all trees and
vegetation and limits activities with the exception of the activities
necessary for health purposes, such as a settling pond for leachate for
the landfill, with the concurrence of the Monashka Bay Road Service
Area board.
Section 4: Park development may occur on Lot 2, Sawmill Subdivision with the
concurrence of the Monashka Bay Road Service Area board.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTEENTH DAY OF APRIL, 1998
KODIAK ISLAND BOROUGH
1, C
Jel M. S :o .u.. Li. •
Gary 1 . ens, Presiding Officer
ATTEST:
onna F. Smith, CMC /AAE, Borough Clerk
Kodiak Island Borough. Alaska Ordinance No. 98 -08
Page 2 of 2
Case No. 13 -012 Appendix Page 11 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
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Case No. 13 -012 Appendix Page 12 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
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Case No. 13 -012 Appendix Page 13 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
KODLAK ISLAND DDICIOA
ASSESLY A+EEflNG - June S aar(
VI PUBLIC TEAR DIGS
A. 2nd Reading & Public Hearing - Ordinance 68 -10 -0 re: loan to School Board Account
of $38,093.00. The Borough Chairman read Ordinance 68 -10 -0. Mrs. Springhill made
a notion to adopt the Ordine to as read at the and reading, seconded by Gt. Arndt.
abeting was recessed and opened for Public Hearing. There were no comments. the
meeting was then reconvened. notion carried unanimously by roll call vote.
VII PLANNING & ZONING NAVE
VIII OLD BUSINESS -
• A. Exception for Sanitary Fill Site at Konashka Bay (Case 199 -A). After a review for
except ion for the Sanitary Fill Site and Menashka Bay it was moved by Mrs. Springhill
that the Borough approve the action of the P & Z granting the exception of the Sanitary
Fill Site at Fonashka Bay (Case 199 --A) , seconded by Gtr. Barr. Elation carried unani-
mously by voice vote. After further discussion, the motion was again confirmed and
approved.
B. Property conveyance to Port Lions - Res. 68 -15 -R. There was no discussion.
Et•. Rm Moved to adopt Res. 68 -15 -R and seconded by Ms. Arndt. Motion carried
unaninroasly by voice vote.
C. Kodiak Land Ccnpany request for change in Plant Sin.. Tease. It was requested by
Mr. FLtlu that since the necessary papers were not available, the item be removed
from the Agenda and tabled.
D. Reconsideration of Water resources. Since the City Council did not see fit to •
contribute to the LEGS Water Resources, it was brought tp tje Assembly for reconsider-
ation for their action. It was stated by Mrs. Springhill that the City had already spent
a lot of money ah water ±resources in the past and they felt that it was not a wise ex-
penditure at this time. It was also noted to the Assembly that the City felt that the
water was needed now and not in fi ve years, and that they would not want to spend the
money on shush a long range plan. It was stated by Pt. Madsen that the City ODumcil felt
the proposed rivers such as Bu^kin River, Russian River, and Sargent Creek could not •
benefit the city beccne of being too far away from the city itself. it. Barr said that
to the best of his knowledge no dtudy of water resources had ever been made by the city:
It was moved by I. Barr and seconded by Mss. Springhill that the Chairman write the :
LEGS an : :a-n Borough Assembly was not able to convice the city that a long
range plan scady is nccessaiy, and inasnmch as the stn:.' would be primarily beneficial
to then there shall be no fuathe_ action on the part of LSGS that might involve expense'
to the Borough. Ms. Barr stated that the minutes should reflect that the city action
is very ill advised and that ha feels we need this study and need to know where water ie
• ash ahla. vniion can -tied by roll call vote.
Yes No
Jo Hajdu Don Arndt
Jim Barr
Mrs. Springhill
IX NEt•I BLSLT S
A. SAmuel and Oliver. Selvog re: additional extension of vnent: Miller Point Blk 7
Lot 1 1st addition - Blk ID Lot - 6 - 1st additibni.' - t1 - Best leaf he letter from Mr. Samuel
and Oliver Selvog regun°stin g an additional extension of payment_ on Blk 7 bat 1 ;st add -
iticn - Blk 10 Let 6 1st addition. It was moved by Pt. Barr and seconded by Mrs. Spring-
hill that the Borough Assembly grat the 60 day additional extension for payment of Samuel
and Oliver Selvog. Potion carried vnaninnusly by voice vote.
•
B. west for extension of payment for Xenneth Forster re: Miller Point Lot 6
Blk 5 1st addition. A letter was clad by the Borough Chairman regarding the request for
an extension of payment from Mc. Forster. Mrs. Springhill made a motion to grant a six,
months extension of payment with the stiprlation that only one lot be involved. It was
seconded by Pt. Barr. Motion carried unanimously by voice vote.
•
C. Future Site for Ch3niak School. A nap of the propposed site was shown to the
Assembly neabars. It was stated that the Borough designate this area as the future site
of tha Chiniak School. Mr. Madsen said a resolution changing the zoning map would have.
to be drawn up. Mrs. Springhill made a notion to authorize the preparation of having a
Resolution drawn up changing the zoning map to designate this particular site. It was
seconded by Mr. Barr. Motion carried by voice vote unanimously.
•
•
Case No. 13 -012 Appendix Page 14 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
DECISION OF THE KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
April 25, 1968
RE: EXCEPTION FOR SANITARY FILL SITE AT MONASHKA BAY - ASSEMBLY INITIATIVE
(CASE 199 -A)
At their meeting on April 24, 1968, the Planning and Zoning Commission
voted unanimously to grant this exception for the following reasons:
1. The use of this land as a sanitary fill site, when used under the
restrictions of the contract with the contractor,Inonitored by the
Sanitarian, and supervised by the attendant at the site, will not
endanger the public health, safety or general welfare, or be
inconsistent with the general purposes and intent of Chapter 5,
Sub - Chapter 2 of the Borough Code.
2. Garbage removal is essential to the health and welfare of the
community, and after investigation this site was found to be the
most suitable.
This exception was granted under Chapter 5, Sub - Chapter 2, Section 11,
Sub- Section 8 of the Borough Code, which provides for federal, state or
local government enterprises. d /� 664 ;4
Jo n Waller, Chairman
P arming & Zoning Commission
Kodiak Island Borough
Case No. 13 -012 Appendix Page 15 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
DECISION
RE: REQUEST FOR EXCEPTION FOR SANITARY FILL SITE AT MCNASHKA BAY, BY
SMOOCH ASSEMBLY (CASE 199 -A)
At their neeting held on April 24, 1968, the Kodiak Island Borough Planning
and Zoning Commission voted unanimously to grant the subject exception with
certain conditions.
Ebllowing are the reasons for granting the exception:
1. The use of this property, as a sanitary fill site will not endanger public
health, safety, or general welfare, or be detrimental to other properties
or uses in the vicinity if the conditions listed below are met.
2. This use of the property will not to inconsistent with the general purposes
and intent of the Zoning Ordinance.
3. The use of this property as a sanitary fill site is necessary as no other
suitable site was found.
Following are the conditions upon which this exception was granted:
1. The requirements of the contract with the disposal any must be met.
2. The fill site should be monitored by the Sanitarian, who shall exercise
control over the maintenance of the site so that any problems can be
corrected before they get out of hand.
3. The fill - nt should be ampacted every other day.
4. A rat control program should be maintained.
5. Padwr should be prevented from blowing on the adjacent property.
6. No burning should be permitted.
j.7
Jo .ler, Chairman
P .. ing 6 Zoning Commission
Kodiak Island Borough
Case No. 13 -012 Appendix Page 16 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
PTJ%NNING AMID za•rn,K', cal ;ION / 4 3 . 4 '
JOINT MEETING WITH Assr z EOM
CHIC AND EOf1IIC DEVELOPMENT AND 'PLANNING oasu"1'LE r . .
April 29, 1968
I call, TO ORDER
The meeting was called to order at 7:45 p.m. in the Magistrate's Courtroan,
Donnelley Building, kodiak, Alaska, _by Chairman Waller.
II HOLD CALL
Present Absent
John Waller, Chairman None
Ernie 3rothers
Ed Haney
Fns. Edith Longmire
Harry Wallace
John [Mich
Also present: Sam Pest, Borough Chairman; Dug Preston, Clerk/Treasurer;
Asserblymmn Jo Hajdu, Don Arndt, Jim Farr and betty Springhill;
Economic Develophnt and Planning Carmitteatn Dick Berg,
Lab Brooks, Frank Peterson, Ivor Schott, ani. Doris Simon;
and Alternate mein Norton; Mayor Pete Dcvoao, Hospital Hoard
Fkaters Bob Childs, Dr. Bob Johnson, and David [tdlinger;
Jim Stansbury, Building Inspector; Howard Keiser, Sanitarian;
and approximatgly 50 people in the audience.
III iiINUPES OF PREVIOUS harr'sNG - April 10, 1968
Mr. Raney novel., seconded by [_r. Brothers, that the minutes be accepted as written.
bbtion carried by unanimous voice vote.
IV OTHER 2IINUIFS
•
A. Assembly - 4/18/68
B. Ordinance Cam[ittee - 4/23/63
There were no carents.
V OLD BUSIHIMS
A. Decision on Rarest for Exception for Sanitary Fill Site at ,r;nashka Bay. fir,
Welch suggested that a fence be constructed to protect ire Erwin 's property
from the site. However, Mr. Lest felt that the terrain and cost would prohibit
construction of such a fence. flr. Keiser, the Sanitarian, said that he world
=miter the fill site. It would be compacted every other day. He has discuss
the site with Dr. Cessna, the contractor, and under thc rooms cf the•pr_sent
contract, he would be able.to exercise considerable control over the area.
Any discrepancies could be corrected before they got out of hand. An attendant
will be present to supervise the operation and to collect fees foam private
individuals who bring their an garbage to the dump. These stipulations are
already in the contract. After further discussion, the nmtiai made at the
previous meeting to grant the exception carried by unanimous roll call vote.
The contract will be submitted to the Assembly for their approval.
VI ODRIa•S1'a1Da E - PEOPLE TO BE HEARD
A. Messrs. Gagnon, Hart, Moore and Norris of FHA re Zoning and SuMivision '
Regulations. Mr. Gagnon stated that the nest important aspect of the regulations
is to provide the best Possible use of the land while staying within the bounds
of good planning and the economic ability of the people involved. lbe people
will accept certain ideas and not others and there ism point in planning
saiething that the people will not accept.
Concerning lot sizes, he stated that 50 foot lots might be nom practical than
70 foot lots, since with the latter an individual may be paying for 20 feet that
he doesn't really need. It may be wiser to plan for smaller lots, both
economically and because there is not that nuch land to develop. It has been
estimated that Kodiak will grow to a population of 10,000 by 1975, and that this
will probably be the ultimate peak for many years. He feels that it is wiser
to plan only that far ahead now, rather than as late as 2000.
Mt. Hart, FAA planner, stated that FhA is very interested in the ormpleticn of
Kodiak's comprehensive plan, since a zoning plan based on this overall plan
will give then a better gamble on the insurability of a hare. The insurance '
is really ens neighborhood as . wel h. as the individual hare. It is zoning that
protects individuals from being encroached on by other uses which would cause
Case No. 13 -012 Appendix Page 17 of 25
Public Hearing Item 7 -D
KODIAK ISLAND BOROUGH P &Z December 19, 2012
POPULATION FIGURES
(Numbers preceeded with * indicate an entry adjusted by compiler 7/21/05)
Alaska Population Estimate 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010
Akhiok 82 71
Aleneva 48 B7
Chiniak 44 47
. Karluk 37 37
Kodiak 6,312 6,130
USCGBase 1,335 1,301
Larsen Bay 89 87
Old Harbor 208 218
Ouzinkie 178 161
Port Lions
•
204 194
Womens Bay 730 719
Remainder of,Bornu8h 4,603 4,590
TOTAL 13,870 13,592
Alaska Population Estimate 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000
Akhiok 51 48 36 41 42 57 51 49 57 80
Aleneva 67 57 61 46 46 44 59 96 88 68
Chiniak 48 44 44 41 52 50 49 56 53 50
Karluk 38 38 40 34 35 32 28 27 29 27
Kodiak 6,626 6,541 5,796 5,670 6,139 6,210 6,109 6,100 6,173 6,334
USCG Base 1,321 1,235 1,974 1,887 1,977 1,764 2,189 1,939 1,758 1,840
Larsen Bay 79 68 89 83 97 96 95 107 113 115
Old Harbor 193 185 201 179 200 198 211 226 236 237
Ouzinkie 170 168 166 172 189 187 172 189 204 225
Port Lions 200 191 193 196 220 240 233 227 246 256
Womens Bay 740 792 747 759 704 689 681 684 683 690
Remainder of Borough 4;327 4,587 4,317 4,349 3,992 4,006 3,940 - 3,943 4,025 - 3,991
TOTAL 13,860 13,954 13,664 13,457 13,693 13,573 13,817 13,643 13,565 13,913
Alaska Population Estimate 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990
Akhiok 101 109 101 84 80 86 78 77 77 93
Aleneva 0 0 0 0 0 0 0 0 0 0
Chiniak 75 75 71 75 83 . 143 75 150 150 0
Karluk 41 48 48 57 58 65 74 71 71 82
Kodiak 6,893 6,859 6,749 6,869 7,620 7,428 7,581 7,229 7,229 6,787
USCG Base 1,831 1,703 1,746 1,871 2,049 2,066 2,016 2,129 2,129 `2,129
Larsen Bay 137 127 120 127 130 153 144 147 147 149
OId'Harbor 276 297 301 316 310 311 307 284 284 322
Ouzinkie 256 252 246 259 259 221 210 209 209 216
Port Lions 243 242 239 264 263 264 259 222 222 300
Womens Bay 575 674 662 672 749 746 674 843 843 0
Remainderof Borough 3,461 3,462 3,898 3,464 3,799 4,092 3,827 4,174 4,174 '5,601
TOTAL 13,989 13,848 14,181 14,058 15,400 15,575 15,245 15,535 15,535 15,679
\ \ Dove \ departments \CD \U CD -19 Econ Data \Census\ Local Population \2011 Census Data.xlsx
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Case No. 144x Page 18 of 25
Pubiic Hearing Item 7-D
P&Z December 19, 2012
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Case No. 13-012 Appendix Page 19 of 25
Heari Item 7 -0
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Case No. 13 -01 Append Pag 20 of 2
Public Hearing Item 7 -D
P &Z December 19, 2012
Request:ARezone, according gog 0.205.0304
Residential Impact op rezonetell 3945Ilida2 remainder cQ
Panap3 3 13 -0112 OC1144.355 , comprising gba Kodiak Island Borough killj
Kodiak Island Borough Waste Disposal Ea4, ou ® combination co PL- PublicQ&
gaud aorj C- Conservation Zoning Dist net I I- Industrial
Zoning District
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Residential Impact /
e QBa � ,I, Kodiak Island Borough GIS System
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0 350 700 1,400 2,100 2,800
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I
This map was prepared from the Kodiak Island Borough's GIS System. It S provded for the purpose of showing the general location of a property within the Kodiak Island Borough.
This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486 -9333.
Case No. 13 -012 Appendix Page 21 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
Residential Impact
Zone_Type Use Legal_Desc
1 RR1 MHR ISLAND VISTA BK 1 LT 6
2 RR1 SFR USS 1678 TR C LT C -8
3 RR1 SFR USS 1678 TR C LT C -6
4 RR1 SFR USS 1678 TR C LT C -7
5 RR1 SFR USS 1678 TR C LT C -5
6 RR1 SFR USS1678TRBLT7
7 RR1 SFR USS 1678 TR C LT C -4
8 RR1 SFR USS 1678 TR B LT 9
9 RR1 SFR USS 1678 TR B LT 6
10 RR1 SFR USS 1678 TR B LT 1
11 RR1 SFR USS 1678 TR B LT 5
12 RR1 SFR USS 1678 TR B LT 2
13 RR1 SFR USS 1678 TR B LT 3
14 RR1 SFR EAGLE RIDGE LT 1
15 RR1 SFR USS 1678 TR B LT 4
16 RR1 SFR ISLAND VISTA BK 3 LT 1
17 RR1 SFR ISLAND VISTA BK 3 LT 2
18 RR1 SFR ISLAND VISTA BK 3 LT 3
19 RR1 SFR ISLAND VISTA BK 3 LT 6
20 RR1 SFR ISLAND VISTA BK 3 LT 4
21 RR1 SFR ISLAND VISTA BK 2 LT 1
22 RR1 SFR ISLAND VISTA BK 2 LT 2
23 RR1 SFR ISLAND VISTA BK 2 LT 3
24 RR1 SFR ISLAND VISTA BK 2 LT 4
25 RR1 SFR ISLAND VISTA BK 2 LT 10
26 RR1 SFR ISLAND VISTA BK 2 LT 5
27 RR1 SFR ISLAND VISTA BK 2 LT 8
28 RR1 SFR ISLAND VISTA BK 2 LT 7
29 RR1 SFR ISLAND VISTA BK 1 LT 1
30 RR1 SFR ISLAND VISTA BK 1 LT 2A
31 RR1 SFR ISLAND VISTA BK 1 LT 5A
32 RR1 SFR ISLAND VISTA BK 1 LT 4A
33 RR1 SMA ISLAND VISTA BK 2 LT 9
34 RR1 SMA ISLAND VISTA BK 2 LT 6
35 RR1 VAC USS 1678 TR B LT 8
36 RR1 VAC EAGLE RIDGE LT 3
37 RR1 VAC EAGLE RIDGE LT 2
38 RR1 VAC ISLAND VISTA BK 3 LT 5
39 RR1 VAC ISLAND VISTA BK 1 LT 3A
*5 / 39 = 13% Undeveloped
Case No. 13 -012 Appendix Page 22 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
Properties on the Road System Zoned Industrial
Area Acreage Zone Type Use Legal_Desc
1131.26570667000 0.03 IND VAC KODIAK TWNST BK 2 LT 20
1858.28252536000 0.04 IND VAC KODIAK TWNST BK 2 LT 6
2053.61606385000 0.05 IND VAC KODIAK TWNST BK 1 LT 16
2055.44687454000 0.05 IND VAC KODIAK TWNST BK 2 LT 5
2492.54508175000 0.06 IND IND KODIAK TWNST BK 2 PTN LT 13
3662.74090135000 0.08 IND VAC KODIAK TWNST BK 1 LT 15
3738.51433191000 0.09 IND VAC KODIAK TWNST BK 2 LT 3A
3812.71704863000 0.09 IND PARKING KODIAK TWNST BK 2 LT 8
3833.67276678000 0.09 IND VAC KODIAK TWNST BK 2 LT 3
4279.68307908000 0.10 IND WFB KODIAK TWNST BK 2 LT 12
4493.27148046000 0.10 IND IND KODIAK TWNST BK 1 LT 13A
4579.91863143000 0.11 IND WFB PORTION OF USS 1086 TL F
4816.46708674000 0.11 IND VAC KODIAK TWNST OK 1 LT 13D
5286.39146325000 0.12 IND VAC NEW KODIAK BK 18 LT 5
5425.06418608000 0.12 IND PARKING KODIAK TWNST BK 2 LT 10
5600.88823357000 0.13 IND VAC KODIAK TW NST BK 2 LT 4
5671.71906973000 0.13 IND VAC KODIAK TWNST BK 2 LT 19
6671.33374585000 0.15 IND VAC ATS 49 TR N -328 -1
7040.73902979000 0.16 IND WFB ATS 49 TR 2
7375.76143771000 0.17 IND VAC TIDELAND TRACT N -17A
7743.20814880000 0.18 IND VAC NEW KODIAK BK 18 LT 1
7913.89993789000 0.18 IND PARKING USS 1995 BK 2 LT 11
8442.62274736000 0.19 IND VAC KODIAK TWNST BK 2 LT 2
9499.99128553000 0.22 IND WFB ATS 49 TR 6
9659.61483952000 0.22 IND VAC KODIAK TWNST BK 2 LT 21
10153.61232440000 0.23 IND VAC KODIAK TWNST BK 2 LT 7
10817.19602050000 0.25 IND VAC KODIAK TWNST BK 1 LT 14
11443.01654050000 0.26 IND VAC KODIAK TWNST BK 2 LT 20
11509.24160440000 0.26 IND VAC ATS 49 TR 9A
12192.31958570000 0.28 IND CHR USS 444 TR A LT A MISSION RD
12596.83692700000 0.29 IND WFB NEW KODIAK BK 18 LT 2
13017.83378320000 0.30 IND VAC NEW KODIAK BK 18 LT 3
13574.30327700000 0.31 IND BUS KODIAK TWNST BK 2 LT 9
13672.46815400000 0.31 IND MFR PORTION OF USS 1086TLC
17713.99897590000 0.41 IND WFB ATS 49 TR 5
17720.30757690000 0.41 IND BR USS 444 TR A LT B MISSION RD
18023.08402180000 0.41 IND WFB USS 1086 PARCEL B
18769.26451320000 0.43 IND ACC LAKESIDE 2ND LT ID
19367.44723300000 0.44 IND 1ST KODIAK TWNST BK 2 LT 1
21273.92209070000 0.49 IND WFB A PORTION OF ATS 49 NOTED AS TR N -17
21548.24483790000 0.49 IND WFB USS 1534 TR A SHELIKOF ST
24293.03024470000 0.56 IND VAC LAKESIDE 2ND LT 1C
24810.59843550000 0.57 IND VAC ATS 49 TR 9
25058.23530070000 0.58 IND VAC INDUSTRIAL PARK LT 8
25144.36646830000 0.58 IND WFB USS 444 TR ALT D & A PRTN USS 559
25969.98715240000 0.60 IND WFB PORTION OF ATS 49 DESCRIBED AS TR N -28
27690.71748810000 0.64 IND WRH LAKESIDE 2ND LT IB -2
27926.13224430000 0.64 IND WFB ATS 49 TR N -25A
28114.68800840000 0.65 IND WRH LAKESIDE 2ND LT 1B -3
28831.45890490000 0.66 IND VAC LAKESIDE BK 3 LT 1
30160.53324320000 0.69 IND WFB PORTION OF ATS 49 NOTED AS TR N -26
30762.87483169990 0.71 IND 1ST NEW KODIAK BK 18 LT 4A
32637.86709040000 0.75 IND WFB ATS 49 TR N -37A
33212.55034670000 0.76 IND WFB TIDELAND TRACT N -29A
33777.86415020000 0.78 IND WFB TIDELAND TRACT N -298
36763.98151840000 0.84 IND WFB UNSUBD. PORT. ATS 49 TR N -15
37308.77320500000 0.86 IND VAC ATS 49 TR P -15
38559.24352050000 0.89 IND BUS ATS 49 TR N -18
39642.87720050000 0.91 IND GRS LAKESIDE BK 3 LT 2
42670.37301390000 0.98 IND WFB ATS 49 TR -18A
43995.00872490000 1.01 IND WFB USS 25378, BLK 2 TR 16A
44256.03373640000 1.02 IND WRH LAKESIDE 2ND LT 1A -1
45987.05999270000 1.06 IND SFR ATS 49 TR P -19
Case No. 13 -012 Appendix Page 23 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
Properties on the Road System Zoned Industrial
Area Acreage Zone Type Use Legal_Desc
48291.04763040000 1.11 IND WFB PORTION OF ATS 49 NOTED AS TR N -22
49351.24418310000 1.13 IND WFB ATS 49 TR N -14, N36, & N -41
49598.60713590000 1.14 IND WFB KODIAK TWNST BK 20 LT 1
57891.32743570000 1.33 IND WFB USS 2537B BLK 2 TR 16 -B
60847.42340260000 1.40 IND WFB ATS 49 TR N -32A -1
61069.08482880000 1.40 IND IND SEAVIEW LT9
62269.65009720000 1.43 IND VAC SEAVIEW LT 10
62437.15053300000 1.43 IND VAC BELLS FLATS TR D -1 OF TR A
62439.00103280000 1.43 IND WFB ATS 49 TR 4 & PRTNOF USS 1086 & TR D, E & PRTN OF C, USS 1086
63071.10088080000 1.45 IND WRH SEAVIEW LT 5
63291.76825940000 1.45 IND WFB ATS 49 TR 1A
65463.85253810000 1.50 IND VAC ATS 1266 TR E ROUND ISLAND
68143.87109880000 1.56 IND WFB ATS 49 TR N -38A
70348.96986940000 1.61 IND IND SEAVIEW LT 14
71766.68507690000 1.65 IND VAC SEAVIEW LT 13
72369.94811080000 1.66 IND VAC ATS 1266 TR D GULL ISLAND
72689.31818030000 1.67 IND WEB ATS 1408 TR A
75006.50915930000 1.72 IND VAC SEAVIEW LT 19
77362.13307240000 1.78 IND VAC SEAVIEW LT 18
77870.34122070000 1.79 IND BR SEAVIEW LT 11
77874.93231890000 1.79 IND VAC SEAVIEW LT 12
80140.09912270000 1.84 IND VAC SEAVIEW LT 17
82741.61730940000 1.90 IND WRH SEAVIEW LT 15
86937.76864950000 2.00 IND VAC BELLS FLATS TR E OF TR A
87040.33666310000 2.00 IND VAC SEAVIEW LT 16
90891.98640700000 2.09 IND WFB ATS 49 TR 3 AND USS 1086 TRACTS A, B AND A PORTION OF C
98081.54340520000 2.25 IND VAC SEAVIEW LT6
98346.70346670000 2.26 IND VAC SEAVIEW LT 7
107971.92345200000 2.48 IND WRH USS 3468 TR A
135756.07695100000 3.12 IND VAC ATS 955 TR A
141701.31850300000 3.25 IND VAC SEAVIEW LT 22
148628.66301500000 3.41 IND WFB USS 2539 PARCEL A & B WOMANS BAY
149950.54953700000 3.44 IND WFB NEW KODIAK BK 18 LT 6A -1
161064.11276900000 3.70 IND IND U55 1673 LT 2 PTN NAT'L MARINE FISH
170696.54468700000 3.92 IND VAC SEAVIEW LT 20
207878.13350600000 4.77 IND VAC USS 2539 TR A GIBSON COVE
210083.55191100000 4.82 IND VAC USS 1673 TR A
217995.15974800000 5.00 IND WFB USS 2735 TR A MIDDLE BAY
220634.57453600000 5.07 IND IND ATS 1408 TR C -1
228200.75408800000 5.24 IND VAC ATS 1408 TR B
234127.65700600000 5.37 IND IND USS 2537B (PIER 2 -CITY DOCK)
252793.89844700000 5.80 IND VAC SEAVIEW LT 1A
252828.88368700000 5.80 IND BUS U551673 TR B
255028.45450700000 5.85 IND VAC SEAVIEW LT 21
260571.62396200000 5.98 IND VAC USS 1673 TR A
323549.93174500000 7.43 IND VAC 055 1673 LT 2 PTN GIBSON COVE
335477.23649900000 7.70 IND 1ST USS 2539 PTN OF /MC11 -1 -001 -1
495215.03476700000 11.37 IND VAC ATS 1266 TR F USKI ISLAND
568913.84488000000 13.06 IND VAC ATS 1266 TR D GULL ISLAND
741107.13210000000 17.01 IND IND BELLS FLATS TR A BK 3 ALL
1219440.05458000000 27.99 IND IND BELLS FLATS TR A BK 4 LT 3
Total Acreage = 232.63
Case No. 13 -012 Appendix Page 24 of 25
Public Hearing Item 7 -D
P &Z December 19, 2012
Request:aRezone, according 6031 t nD.205.030;
Roadsystem Industrial r ezone @s um gnmew 3945✓ Isefieremainder
Pt2 Case (313-012 u 44355, comprising ata Kodiak Island Borough ocou
Kodiak Island Borough Waste Disposal mama combinationCQPL- Public ofizp
.1 a gg I C- 6onservation Zoning District00 I- Industrial
Zoning District
7 .
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° Kodiak Island Borough GIS System
. 0 5,500 11,000 22,000 33,000 44,000
i Feet p
This map was prepared from the Kodiak Island Borough's GIS System. 11 s provided for the purpose of showing the general location of a properly within the Kodiak Island Borough.
This map does not represent a survey. More information about the mapping data can be obtained by conlaaing the Kodiak Island Borough IT Department at (907)486 -9333.
Case No. 13 -012 Appendix Page 25 of 25
f�, ., a' . °\ ;' KODIAK ISLAND BOROUGH
p r +AtrO � gl % \
iii" - AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 9.B
TITLE: Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite
Subdivision From R -1 Single Family Residential Zoning District To UNC- Urban
Neighborhood Commercial District (Case 13 -008).
ORIGINATOR: Community Development Director
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No
Account Number: Amount Budgeted:
ATTACHMENTS: Ordinance No. FY2013 -14; P &Z Case Packet; Results Letter; Mtg Minutes
APPROVAL FOR AGENDA:
SUMMARY STATEMENT:
Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision was an 8,000 square foot vacant
residential lot. Owned by the City of Ouzinkie, the lot exhibited the attributes that made it a
desirable candidate for the placement of a telecommunications systems relay facility.
Acting upon the imperative for upgrading the community's telecommunications connectivity, the
City entered into a lease with the service provider, and only later realized the conflict between
zoning and use.
The City acted pre - emptively to pass a local resolution recognizing the contribution of the facility
to the community's telecommunications requirements, and requesting a rezone to a zoning
district that accommodates the use.
The Commission held a public hearing on this request and found the request is consistent with
the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update.
KIBC 17.205.55(B) also requires the Assembly to be notified by the commission of its actions
and its findings.
18 public hearing notices were mailed out and any responses will be provided to the Assembly.
RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -14.
Kodiak Island Borough Page 1 of 1
1 Introduced by: Acting Manager
2 Requested by: CDD Acting Director
3 Drafted by: CDD Acting Director
4 Introduced: 01/17/2013
5 Public Hearing: 02/07/2013
6 Adopted:
7
8 KODIAK ISLAND BOROUGH
9 ORDINANCE NO. FY2013 -14
10
11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
12 APPROVING A REZONE FOR LOT 2 BLOCK 17, TRACT A, OUZINKIE TOWNSHIP
13 SUBDIVISION, FROM R1- SINGLE - FAMILY RESIDENTIAL TO UNC -URBAN
14 NEIGHBORHOOD COMMERCIAL ZONING DISTRICT (CASE 13 -008)
15
16 WHEREAS, the Planning and Zoning Commission initiated a rezone investigation of Lot
17 2, Block 17, Tract A, Ouzinkie Townsite Subdivision per KIBC 17.205.030 B; and
18
19 WHEREAS, Lot 2 has been improved with a public use facility; and
20
21 WHEREAS, the Commission held a properly noticed public hearing on this request and
22 is recommending that the Assembly find that a rezone of Lot 2, Block 17, Tract A,
23 Ouzinkie Townsite Subdivision from R1- Single- family Residential to UNC -Urban
24 Neighborhood Commercial Zoning District is in keeping with the guidance and objectives
25 of the 2008 Comprehensive Plan.
26
27 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
28 BOROUGH that the following parcel shall be rezoned from R1- Single- family Residential to
29 UNC -Urban Neighborhood Commercial Zoning District as follows:
30
31 Section 1: This ordinance is not of general application and shall not be codified.
32
33 Section 2: Lot 2 Block 17, Tract A, Ouzinkie Townsite Subdivision is hereby rezoned
34 from R1- Single- family Residential to UNC -Urban Neighborhood
35 Commercial Zoning District.
36
37 Section 3: The City of Ouzinkie must obtain the required "After- the - Fact" zoning
38 compliance permit for the existing public use facility located on Lot 2, Block
39 17, Tract A, Ouzinkie Townsite Subdivision prior to this rezone becoming
40 effective.
41
42 Section 4: The City of Ouzinkie must comply with the terms of Conditional Use Permit
43 13 -008 prior to this rezone becoming effective.
44
45 Section 5: The findings of the Kodiak Island Borough Planning and Zoning
46 Commission are hereby confirmed as follows:
47
48 17.205.020.A. Findings as to need and justification for a change or
49 amendments:
50 A rezone from the R -I Single Family Residential Zoning District to the UNC -
51 Urban Neighborhood Commercial Zoning District is needed for the purpose
Kodiak Island Borough, Alaska Ordinance No. FY2013 -14
Page 1 of 2
52 of removing doubt with respect to the property's ability to legally support the
53 existing use.
54 A rezone from the R -I Single Family Residential Zoning District to the UNC-
55 Urban Neighborhood Commercial Zoning District is justified because no
56 alternative highest & best use has been presented.
57
58 17.205.020.B. Findings as to the effect a change or amendment would
59 have on the objectives of the comprehensive plan.
60 A rezone from the R -I Single Family Residential Zoning District to the UNC-
61 Urban Neighborhood Commercial Zoning District would be in conformity
62 with the broad guidelines of the applicable comprehensive plan.
63
64 A rezone from R -I Single Family Residential Zoning District to the UNC-
65 Urban Neighborhood Commercial Zoning District would provide positive
66 reinforcement to the general principle that the Zoning Ordinance should be
67 adhered to even in the case of locations not on the existing Urban Area
68 road system.
69
70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
71 THIS DAY OF , 2013
7 2 KODIAK ISLAND BOROUGH
73
74
75
76
77 ATTEST: Jerome M. Selby, Borough Mayor
78
79
80
81
82 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough, Alaska Ordinance No. FY2013 -14
Page 2 of 2
'' . `� Kodiak Island Borough
`2y %, " Office of the Borough Clerk
, 4r. r , 710 Mill Bay Road
Oak - Kodiak, Alaska 99615
`- Phone (907) 486 -9310 Fax (907) 486 -9391
clerks@kodiakak.us
NOTICE OF PUBLIC HEARING
A public hearing will be held on Thursday, February 7, 2013, at 7:30 p.m. in the Borough
Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough
Assembly to hear comments on:
Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision
From R1- Single Family Residential Zoning District To UNC -Urban Neighborhood
Commercial District (Case 13 -008 City of Ouzinkie).
If you do not wish to testify verbally, you may provide your comments on the attached public
hearing form and fax it to (907) 486 -9391, email to clerks kodiakak.us, or hand deliver to the
Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on
February 7, 2013. Comments favoring and opposing are encouraged.
If you have any questions, please call 486 -9310.
Attachments:
• Map
• Public hearing form
• Ordinance No. FY2013 -14
Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision
From R1- Single Family Residential Zoning District To UNC -Urban Neighborhood
Commercial District (Case 13 -008 City of Ouzinkie).
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PUBLIC HEARING FORM
Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision
From R1- Single Family Residential Zoning District To UNC -Urban Neighborhood
Commercial District (Case 13 -008 City of Ouzinkie).
❑ This is in support of the rezone.
❑ This is in opposition of the rezone.
❑ Other comments.
Name:
Residence Address:
Mailing Address:
Comments:
Written comments may be submitted by email to clerks kodiakak.us, faxed to 907 - 486 -9391, mailed or
hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5
p.m. on Thursday, February 7, 2013.
u , * ,; Kodiak Island Borough
, - � ro Community Development Department
? t ! ` 710 Mill Bay Road
��, ' a )
L' Kodiak, Alaska 99615
Phone (907) 486 -9363 Fax (907) 486 -9396
www.kib.co.kodiak.ak.us
Memorandum
Date: October 22, 2012
To: Mr. Bud Cassidy, Interim Manager, Kodiak Island Borough
From: Community Development Department
RE: Case 13 -008. Request a Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 2,
Block 17, Tract A, Ouzinkie Townsite subdivision from RI- Single - family Residential to UNC-
Urban Neighborhood Commercial.
At the October 17 2012 Regular Meeting of the Planning & Zoning Commission, the
Commission conducted the required public hearing on the matter stated above.
The Commission voted unanimously to recommend the rezone to the Borough Assembly.
Accompanying this memo are;
1) The case packet for Case No. 13 -008
2) The minutes of the public hearing related to Case 13 -008,
3) A copy of the results letter transmitted to the applicant in the case,
4) And a draft ordinance rezoning Lot 2, Block 17, Tract A, Ouzinkie Townsite
Subdivision.
r�l
Martin Lydick, Associate Planner
Kodiak Island Borough Community Development Department
Kodiak Island It ®rough
Community Development Department
i?� 710 Mill Bay Road
gfrV ( t t rr ,> Kodiak, Alaska 99615
Phone (907) 486 -9363 Fax (907) 486 -9396
.. www.kodiakak.us
October 18, 2012
Planning & Zoning Commission •
710 Mill Bay Road
Kodiak, AK 99615
Re: Case 13 -008. Request a rezone investigation, according to KIBC 17.205.030.B, to
consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from
R1 -Single-family Residential to UNC -Urban Neighborhood Commercial; and,
A Conditional Use Permit (CUP), according to KIBC 17.200, to consider a CUP for a
Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite
communication ground station.
Dear Commissioners:
The Kodiak Island Borough Planning & Zoning Commission at their meeting on October 17,
2012 moved to forward the request cited above, recommending approval for the rezone, to the
Borough Assembly, and they also approved the CUP.
Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will
be scheduled for a first reading and public hearing before the Assembly.
According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states:
A. Within thirty days after the planning commission has acted favorably upon a proposed
zoning change in accordance with the above provisions, a report with recommendations shall
be submitted to the assembly together with the proposcd ordinance. Such recommendations
of the planning commission shall be advisory only and shall not be binding upon the
assembly. When an ordinance has been forwarded to the borough assembly, the assemlby
shall act in accordance with this chapter and notice shall be issued as provided in Section
17.205.070, by the borough clerk.
B. If the planning commission recommends denial of any proposed amendment, its action shall
be final unless the initiating party, within ten days, files a written statement with the clerk
requesting that the commission's action be taken up by the borough assembly.
The commission adopted the following findings of fact in support of their recommendation to the
assembly:
REZONE FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning
District is needed for the purpose of removing doubt with respect to the property's ability to
legally support the existing use.
A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning
District is justified because no alternative highest & best use has been presented.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the
Obiectives of the Comprehensive Plan.
A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning
District would be in conformity with the broad guidelines of the applicable comprehensive plan.
A rezone from R -1 Single Family Residential Zoning District to the PL- Public Use Zoning
District would provide positive reinforcement to the general principle that the Zoning Ordinance
should be adhered to even in the case of locations not on the existing Urban Area road system.
Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to
obtain permits for any construction activities.
The commission also approve the CUP subject to conditions of approval.
CUP CONDITIONS OF APPROVAL
[1] A) The City of Ouzinkie is required to submit documentation sufficient to establish
compliance with the terms of KIBC 17.200.030.
B) The documentation required in IA above must be submitted to the Community
Development Department within one hundred eighty (180) days of the decision date for Staff
review and approval.
[2] The City of Ouzinkie is required to obtain a zoning compliance permit for the existing
building on the subject parcel, and to pay the appropriate "After the Fact" fee.
[3] The City of Ouzinkie / GCI, Inc. is required to install sight - obscuring fencing, a
minimum of eight (8) feet in height, around the installation.
CUP FINDINGS OF FACT
A. Appropriate conditions of approval will ensure that the conditional use will preserve the
value, spirit, character, and integrity of the surrounding area;
B. The conditional use fulfills all other requirements of this chapter pertaining to the conditional
use in question;
C. Granting the conditional use permit will not be harmful to the public health, safety,
convenience, and comfort;
D. Documentation submitted with the request ensures that the sufficient setbacks, lot area,
buffers or other safeguards are being provided to meet the conditions listed in subsections A
through C of this section;
E. This conditional use permit does not pertain to a public use or structure
If you have any questions about the action of the commission, please contact the Community
Development Department at 486 -9363.
Sincerely,
Chet ` t�
Sheila Smith
Secretary
CC: Nova Javier, Borough Clerk
Planning & Zoning Commission
Mayor Dan Clarion of Ouzinkie
Public Hearing Item 7 -B
P &Z October 17, 2012
Current Location Request: A rezone investigation, according to KIBC 17.205.030.B,
P & Z Case # 13 -008 to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie
from R1- Single- family Residential to UNC -Urban Neighborhood
KIB P &Z Commission Commercial; & A Conditional Use Permit (CUP), according to KIBC
Agent: Dan Clarion, 17.200, to consider a CUP for a Utility & Service Use in
Mayor, City of Ouzinkie accordance with KIBC 17.100.040.F, by allowing a satellite
communication ground station.
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Case No. 13 -008 Introduction Page 1 of 3
Public Hearing item 7 -8
P &Z October 17, 2012
Kodiak Island Borough Zoning Map
_ i4
Community Development Department
Current Zoning Request: A rezone investigation, according to KIBC 17.205.030.B,
P & Z Case # 13 -008 to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie
from R1- Single- family Residential to UNC -Urban Neighborhood'
KIB P &Z Commission Commercial; & A Conditional Use Permit (CUP), according to KIBC
Agent: Dan Clarion 17.240, to consider a CUP for a Utility & Service Use in
accordance with KIBC 17.100.040.F, by allowing a satellite
Mayor, City of Ouzinkie communication ground station.
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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 rnappng data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333.
Case No. 13 -008 Introduction Page 2 of 3
Public Hearing Item 7 -B
P &Z October 17, 2012
Image Overlay Request: A rezone investigation, according to I <IBC 17.205.030.B,
P & Z Case # 13 -008 to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie
from R1- Single - family Residential to UNC -Urban Neighborhood
KIB P &Z Commission Commercial; & A Conditional Use Permit (CUP), according to KIBC
Agent: Dan Clarion, 17.200, to consider a CUP for a Utility & Service Use in
Mayor, City of Ouzinkie accordance with KIBC 17.100.040.F, by allowing a satellite
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Case No. 13 -008 Introduction Page 3 of 3
Public Hearing Item 7 -B
P &Z October 17, 2012
MEMORANDUM
DATE: August 4, 2012
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: information for the August 15, 2012 Regular Meeting
CASE: 13 -004
APPLICANT: City of Ouzinkie
REQUEST: Request for Commission to initiate a rezone for Lot 2, Block 17,
Ouzinkie Townsite Subdivision from R1- Single- family Residential to
UNC -Urban Neighborhood Commercial in accord with KIBC
17.205.030.B.
LOCATION: Lot 2, Block 17, Ouzinkie Townsite Subdivision
ZONING: R1- Single- family Residential
SUMMARY
This request is the result of a complaint based enforcement order. The City of Ouzinkie
leased a site to GCI Communications for a satellite ground station thinking the site was
previously approved for utility uses. A neighboring resident filed a complaint and staff
review determined that the site is zoned R1- Single- family Residential.
The city has requested by council resolution that the commission initiate a rezone on its
behalf. The commission has typically undertaken these requests on behalf of the
remote communities which have very limited resources. Staff has consulted with the
mayor and recommended the UNC zone as the best balance between the established
communications site and the surrounding residential context. If the rezone is
successful the communication site will also require a CUP which staff recommends the
commission also initiate so that the most complete review of the zoning and use issues
can be conducted in on review.
RECOMMENDATION
Staff recommends that the Commission make adopt a motion to initiate a rezone (and
related CUP review) as requested in City of Ouzinkie Resolution 2012 -11.
Case No. 13 -008 Application Page 1 of 6
Public Hearing Item 7 -B
P &Z October 17, 2012
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion
is:
Move to initiate an investigation for Lot 2, Block 17, Ouzinkie Townsite
Subdivision for a rezone from R1- Single- family Residential to UNC -Urban
Neighborhood Commercial; and,
To initiate a concurrent conditional use permit (CUP) review for the existing
satellite ground station as a conditional utility facility that will be located in the
UNC zoning district if the rezone is successful.
If approved a s recommended the case will appear on the commission's October 2012
agenda. If initiated by the commission further enforcement action will continue to be
held in abeyance until a final decision is rendered on all matter related to this request.
Case No. 13 -008 Application Page 2 of 6
Public Hearing Item 7 -6
P &Z October 17, 2012
CITY OF OUZINIQE
RESOLUTION 2012 -11
A RESOLUTION REQUESTING REZONING OF TRACT A, LOT 2, BLOCK 17 FROM
RESIDENTIAL TO URBAN NEIGHBORHOOD COMMERCIAL
WHEREAS, the Kodiak Island Borough regulates zoning within the borough through the Zoning
Commission, and;
WHEREAS, property within the city boundaries ofOuzinkie carry with it a zoning classification set by
the Zoning Commission, and;
WHEREAS, GCI Communications has established an Earthstation on Tract A Lot 2 Block 17 ofthe U.S.
Survey 44871 Townsite ofOuzinkie, Alaska for cellular communications that are vital for the community,
specifically the school and the clinic.
WHEREAS, the present lot that contains the Earthstation is zoned residential, and
WHEREAS, the zoning regulations requires that the lot be classified as Urban Neighborhood
Commercial to accommodate thcGCl Earthstation.
NOW THEREFORE BE IT' RESOLVED, that the City ofOuzinkie requests of the Kodiak Island
Borough Zoning Commission to change the zoning for Tract A Lot 2 Block 17 of the U.S. Survey #4871
Townsite ofOuzinkie, Alaska from Residential to Urban Neighborhood Commercial.
PASSED AND APPROVED by a duly constituted quorum of the City Council ofOuzinkie this /oZ�_
day of - 1.01 e- 2012.
Signs i
Dar on, Mayor
Attest:
Linda Getz, City Clerk •
Case No. 13 -008 Application Page 3 of 6
Public Hearing Item 7 -B
P &Z October 17, 2012
FAX COVER SHEET
CITY ®F' OUZINKIE
3 & C Street
P.O. Box 109
OUZINK.18, AK 99644
PHONE # (907) 680 -2209
FAX # (907)680 -2223
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Public Hearing Item 7 -B
P &Z October 17, 2012
Kodiak Island ®rough
A A i, Community Development Department
. 1* `` `� 71 Mill Bay Road Room 205
`� 6. a.(' y Kodiak, Alaska 99615
Phone (907) 486 -9363 Fax (907) 486 -9396
www.kodiakak.us
September 6, 2012
Mayor Dan Clarion
City of Ouzinkie
PO Box 109
Ouzinkie, AK 99644
Re: Case 13 -008. Request a rezone investigation, according to KIBC 17.205.030.B, to consider the
rezoning of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from RI- Single - family
Residential to UNC -Urban Neighborhood Commercial; and,
A Conditional Use Permit (CUP), according to KIBC 17.200, to consider a CUP for a Utility and
Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite communication
ground station.
Dear Mayor Clarion:
Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the
case referenced above for Public Hearing at their October 17, 201 regular meeting. This meeting will
begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this
meeting is not mandatory but recommended.
One week prior to the regular meeting, on Wednesday, October 10, 2012 at 6:30 p.m. in the Borough
Conference Room ( #121), the Commission will hold a packet review work session for the purpose of
reviewing packet materials and staff summaries of cases scheduled for the regular meeting.
The public is welcome to attend the packet review work session; however, the work session is not for the
purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related
to their case should appear at the Public Hearing during the Regular Meeting and present such
information in person.
Please contact the Community Development Department at 486 -9363 if we can answer any outstanding
questions or provide additional information. In advance, thank you for your cooperation.
Sincerely,
Sheila Smith, Secretary
Community Development Department
Case No. 13 -008 Public Comment Page 1 of 7
Public Hearing Item 7 -B
P &Z October 17, 2012
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615
(907) 486 -9363
September 5, 2012 Public Hearing Item 7 -B
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, October 17, 2012. The meeting will begin at 6:30 p.m. in
the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island
Borough Planning and Zoning Commission, to hear comments if any, on the following request:
CASE: 13 -008
APPLICANT: Planning & Zoning Commission
AGENT: Dan Clarion, Mayor
REQUEST: A rezone investigation, according to KIBC 17.205.030.13, to considcr the rezoning of
Tract A, Lot 2, Block 17, Ouzinkic Townsite Subdivision from R1- Single- family
Residential to UNC -Urban Neighborhood Commercial; and,
A Conditional Use Permit (CUP), according to KIBC 17.200, to considcr a CUP for
a Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a
satellite communication ground station.
LOCATION: 3712 Third Street, Ouzinkic
ZONING: RI- Single- family Residential
This notice is being sent to you because our records indicate you are a property owner /interested party in the area of
the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter
to the Community Development Department. Written comments must be received by 5 pm, on Tuesday, October
2, 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(1i kodiakak.us. If you would like to testily 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, October 10, 2012, a work session will be held at 6:30 p.m. in
the Kodiak Island Borough Conference Room (#121), to review the packet material for the case.
Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's
decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us
at 486 -9363.
Your Name: Mailing Address:
Your property description:
Comments:
Case No. 13 -008 Public Comment Page 2 of 7
Public Hearing Item 7 -B
P &Z October 17, 2012
Request a rezone investigation, according to KIBC
Current Location 17.205.030.B, to consider the rezoning of Tract A,
3712 Third St., Ouzinkie Lot 2, Block 17, Ouzinkie Townsite Subdivision from
P &Z Case 13 -008 R1- Single- family Residential to UNC -Urban
P & ZCommission/ Neighborhood Commercial; and,
A Conditional Use Permit (CUP), according to KIBC
City of Ouzinkie 17.200, to consider a CUP fora Utility and Service
Use in accordance withKIBC 17.100.040.F, by
allowing a satellite communication ground station.
USS 48/1
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This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing t general Iocahon 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 Deparhnent at (901)486
Case No. 13 -008 Public Comment Page 3 of 7
Public Hearing Item 7 -B
P &Z October 17, 2012
STATE OF ALASKA ALLAN BREITZMAN TRUSTEE ANGELINE CAMPFIELD
POUCH 6900 222 W. 7TH AVE. #13 P 0 BOX 112
ANCHORAGE, AK 99502 ANCHORAGE, AK 99513 OUZINKIE, AK 99644
CITY OF OUZINKIE KATHERINE ELLANAK JOE LLANOS
P.O. BOX 109 PO BOX 106 4231 FOLKER ST #G101
OUZINKIE, AK 99644 OUZINKIE, AK 99644 ANCHORAGE, AK 99508
CHRIS OPHEIM ANTHONY OPHEIM OUZINKIE NATIVE CORP
P.O. BOX 10 P.O. BOX 10 P 0 BOX 89
OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644
TED PANAMARIOFF, JR ETAL RUSSIAN ORTHODOX CHURCH John Shanagin
810 HILLSIDE DR PO BOX 210569 C/0 BIA
KODIAK, AK 99615 ANCHORAGE, AK 99521 3601 C Street, #100
Anchorage, AK 99503
WALTER SHANIGAN CARL SMITH ALEXANDRA SMITH
PO BOX 76 P.O. BOX 94 P 0 BOX 82
OUZINKIE, Al( 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644
ALICE SQUARTSOFF BONNIE VLASOFF P B 7 1rion
Ou Box BOX 35 1571 BEAVER PL x
OUZINKIE, AK 99644 ANCHORAGE, AK 99504 zinkie, AK 99644
Case No. 13 -008 Public Comment Page 4 of 7
Public Hearing Item 7 -B
P &Z October 17, 2012
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615
(907) 486-9363
September 5, 2012 Public Hearing Item 7 -B
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, October 17, 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.hcar corments if any, on the following request:
CASE: 13 -008
APPLICANT: Planning & Zoning Commission
AGENT: Dan Clarion, Mayor
REQUEST: A rezone investigation, according to KIBC 17.205.030.B, to consider the rezoning of
Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from RI- Single- family
Residential to UNC -Urban Neighborhood Commercial; and,
A Conditional Use Permit (CUP), according to KIBC 17.200, to consider a CUP for
a Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a
satellite communication ground station.
LOCATION: 3712 Third Street, Ouzinkic
ZONING: R1- Single - family Residential
This notice is being sent to you because our records indicate you are a property owner /interested party in the area of
the request. If you do not wish to testify verbally, you tnay provide your comments in the space below or in a letter
to the Community Development Department. Written comments must be received by 5 pm, on Tuesday, October
2, 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 ssmithai 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, October 10, 2012, a work session will be held at 6:30 p.m. in
the Kodiak Island Borough Conference Room (p121), 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. / / pp� /,
r i
Your Nome: 776 /I/ (l� /S � .497' Mailing Address: -> OLk /E—"--- S/ •
Your property description: .7 L
• s� L7r ( /6 . lT /6"/
Comments: �'��' S mr T 0 //VK / 6 ✓1 �� en/e/44C ,C4' 99-p g
Case No. 13 -008 Public Comment Page 5 of 7
Public Hearing Item 7 -B
P &Z October 17, 2012
Request a rezone investigation, according to KIBC
Current Location 17.205.030.8, to consider the reioning of Tract A,
3712 Third St., Ouzinkie Lot 2, Block 17, Ouzinkie Townsite Subdivisio n from
P8Z Case 13 - 008 R1= Single= family.Residential•t&UNC -Urban •' -
P 8 ZCommissionl - - .._ _ Neighborhood Commercial;- and,... .... . -
A Conditional Use Permit (CUP), acc6rdirigi6 KIBC
City of Ouzinkie 17.200, to consider a CUP for'atUtility'andlService2
Use in accordance withKIBC17.100:040:Frby' "( r
allowing a satellite communication ground station.
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7,49=1.- it 1 Subject Parcel W 1.. - E
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ni, map eras prepared barn Ne Kodak Island Borough's GIG System. n Is provided for tie purpose a showing the general balm d a property mtlon the Kodak Island Borough.
TNs map does not moment a ste y. we information man eve myan% data can bo obtained by contacting the Radio* Islam Borough II Department ar (NC 4869]]i
Case No. 13 -008 Public Comment Page 6 of 7
Public Hearing Item 7 -6
P &Z October 17, 2012
Kodiak ISLAND BOROUGH
Public Hearing Notice
CASE: 13 -008
AGENT: Dan Clarion, Mayor City of Ouzinkie
Joe & Doris Llanos
Ouzinkie Block 16, Lot 2
Third Street, Ouzinkie,AK 99644
This (attached) Notice came as somewhat of a surprise to us. We assumed that
Legal Proceedures were followed by KIB and interested parties before the
Commercial Installations were made. NOW WE FIND OUT AFTER THE FACT, WE
ARE ASKED FOR OUR INPUT. OF COURSE! WE OBJECT TO THE CHANGE OF
REZONING OF THIS PROPERTY(Lot 2, Block 17) for commercial use!.
When we purchased our property (Lot2, Block 16), we signed a CONTRACT
which states that only one single family dwelling could be built, within three (3)
years or the property would revert back to the City of Ouzinkie. WE FULFILLED
OUR CONTRACT and registered our property with KIB. We have paid our taxes to
KIB ever since. What change in Property Value and TAX will take place on our
property now, if commercial building is permitted directly across the street from our
property? p
•
?..a.A: 4 Z0,14 K. 1/4 0;Yvt
Case No. 13 -008 Public Comment Page 7 of 7
Public Hearing Item 7 -B
P &Z October 17, 2012
MEMORANDUM
DATE: October 5, 2012
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Information for the October 17, 2012 Regular Meeting
CASE: 13 -008
APPLICANT: Kodiak Island Borough Planning & Zoning Commission
AGENT: Dan Clarion, Mayor, City of Ouzinkie
REQUEST: A rezone investigation, according to KIBC 17.205.030.8, to consider the rezoning of
Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from R1- Single- family
Residential to UNC -Urban Neighborhood Commercial; and, A Conditional Use Permit
(CUP), according to KIBC 17.200, to consider a CUP for a Utility and Service Use in
accordance with KIBC 17.100.040.F, by allowing a satellite communication ground
station.
LOCATION: 3712 Third St., Ouzinkie, Alaska
ZONING: R -1 Single Family Residential Zoning District
Eighteen (18) public hearing notices were mailed on September 5, 2012.
One (1) public hearing notice has been returned objecting to the request.
Date of site visit: None
1. Zoning History: The 1968 Comprehensive Plan did not address this area. Ordinance 77 -15 -0
rezoned all previously unclassified property within the Borough to C -
Conservation Zoning District. Ordinance 77 -19 -0 rezoned the property to R -1
Single Family Residential Zoning District.
2. Lot Size: 8,000 square feet.
3. Existing Land Use: Vacant
4. Surrounding Land Use and Zoning:
North: Ouzinkie Block 16 Lot 5
Use: Single Family Residence
Zoning: R -1 Single Family Residential Zoning District
South: Ouzinkie Block 17 Lot 3B
Use: Single Family Residence
Zoning: R -1 Single Family Residential Zoning District
East: Ouzinkie Block 17 Lot 3B
Use: Single Family Residential
Zoning: R -1 Single Family Residential Zoning District
Case No. 13 -008 Staff Rpt Page 1 of 6
Public Hearing Item 7 -B
P &Z October 17, 2012
West: Ouzinkie Block 17 Lot 1
Use: Single Family Residential
Zoning: R -1 Single Family Residential Zoning District
5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update
Chapter Eleven, Ouzinkie, identifies this location as suitable for
the "Mixed Use /Commercial" designation'.
The Comprehensive Plan included this discussion of the types of
development allowable with the designation:
Mixed Use. This zone is intended to allow for a mix of residential
and small -scale commercial uses, including retail uses and home
occupations, including those allowed in the Rural Neighborhood
Commercial zone. It also may allow for bed and breakfast
establishments and lodges if they are of a limited size. Only a
portion of any mixed commercial /residential use area would be
expected to be developed for commercial use (e.g., 40% or less)
Commercial. This designation is intended for commercial uses
allowed in the Borough's Retail Business, Business, and Urban
Neighborhood Commercial zones, which include a variety of retail
and other business uses.
6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code
and the Kodiak Island Borough Coastal Management Program are
applicable to this request:
Chapter17.205 AMENDMENTS AND CHANGES
17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner:
A. (
B. The planning commission upon its own motion;
C. (
17.72.055 Submission to assembly.
A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in
accordance with the above provisions, a report with recommendations shall be submitted to the
assembly together with the proposed ordinance. Such recommendations of the planning commission
shall be advisory only and shall not be binding upon the assembly. When an ordinance has been
forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice
shall be issued as provided in Section 17.72.070, by the borough clerk.
B. If the planning commission recommends denial of any proposed amendment, its action shall be final
unless the initiating party, within ten days, files a written statement with the clerk requesting that the
commission's action be taken up by the borough assembly.
Chapter17.200 CONDITIONAL USE PERMITS
17.200.010 Intent.
It is recognized that there are land uses which are generally considered appropriate in certain zoning districts;
provided, that controls and safeguards are applied to ensure their compatibility with permitted principal uses.
1 Appendix page 3 of 5
Case No. 13 -008 Staff Rpt Page 2 of 6
Public Hearing Item 7 -8
P &Z October 17, 2012
The conditional use permit procedure is intended to allow consideration of the impact of the proposed
conditional use on surrounding property, and the application of controls and safeguards to assure that the
conditional use will be compatible with the surrounding area.
17.200.030 Site plan.
A detailed site plan showing the proposed location of all buildings and structures on the site, access points,
drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or
uses to be made of the development shall be submitted with the application, together with other information as
may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent
sections of this chapter.
17.200.050 Standards. In granting a conditional use permit, the commission must make the following findings:
A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area;
B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in
question;
C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and
comfort;
D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions
listed in subsections A through C of this section;
E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is
located in a manner which will maximize public benefits.
STAFF COMMENTS
REZONE
This request is the result of a complaint based enforcement order. The City of Ouzinkie leased a site to
GCI Communications for a satellite ground station thinking the site was previously approved for utility
uses. A neighboring resident filed a complaint and staff review determined that the site is zoned R1-
Single- family Residential.
The city has requested by council resolution that the commission initiate a rezone on its behalf. The
commission has typically undertaken these requests on behalf of the remote communities which have
very limited resources. Staff has consulted with the mayor and recommended the UNC zone as the
best balance between the established communications site and the surrounding residential context.
Conformance with the Comprehensive Plan:
The requested rezone would broadly comply with the comprehensive plan.
Modern, functioning communications systems have been identified as essential to improving public
health access, educational, and economic opportunities within the borough, and particularly within the
outlying village communities.
A rezone of the property to the Urban Neighborhood Commercial designation would be a step towards
implementing the 2008 Comprehensive Plan Update Proposed Future Land Use for the City of
Ouzinkie.
Zoning /use:
The recent communications infrastructure improvement on the lot underscored the need for an
appropriate rezone in order to re- establish the compatibility between use and underlying zoning.
Case No. 13 -008 Staff Rpt Page 3 of 6
Public Hearing Item 7 -B
P &Z October 17, 2012
Land Suitability:
The subject parcel is an existing lot within the established lot /block grid of the City Ouzinkie.
Rectangular in shape, the parcel does not present any deficiencies of note.
Recent Development trends in the area:
As summarized by returned public hearing notice, there has been one single - family residence
developed across the street to the northeast in recent years. Recent public infrastructure
improvements have included projects to upgrade and improve the harbor and docking facilities.
Traffic impacts:
No additional traffic impacts are expected as a result of the requested zoning change.
CONDITIONAL USE PERMIT
Because this site is located in a rural village, accessible only by air or water, it may seem counter-
intuitive to request the Urban Neighborhood Commercial designation for the property, as opposed to
the Rural Neighborhood Commercial designation. The distinguishing feature is that the former is
intended to apply in areas where public sewer and water is available, as is the present case.
Each district is almost a mirror image of the other with respect to permitted uses, and each district lists
as a conditional use "Utility and services uses (e.g. substations, etc.) ". The current satellite
communications station clearly is covered by the "etc." category.
The existing facility is similar to other installations the Commission has permitted as conditional uses
in the Business, Conservation, and Public Use zoning districts. The quickly evolving technology
associated with today's telecommunications industry, and the industry's competitive environment
results in numerous requests for conditional use permits and /or variances in order to keep pace. A
quick review of the department's case logs disclosed at least 14 cases in the last 5 years. These types
of requests have been routinely granted by the Commission, modified only by certain generic
conditions of approval driven mostly by esthetic concerns.
KIBC 17,200.030 Site Plan requires the applicant submit certain documentation that ensures the
development complies the requirements of the zoning district, or otherwise complies with the
application of variances in order to address any deficiencies.
17.200.030 Site plan.
A detailed site plan showing the proposed location of all buildings and structures on the site,
access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the
specific location of the use or uses to be made of the development shall be submitted with the
application, together with other information as may be required to comply with the standards
for a conditional use listed in this chapter and in other pertinent sections of this chapter.
In this instance, the City of Ouzinkie has been unable to respond with sufficient documentation to
comply with 17.200.030 in a timely manner. Staff is suggesting an appropriate condition of approval
allowing the City and the tenant (GCI, Inc.) to submit appropriate documentation after the fact.
2 Appendix page 4 of 5
3 Appendix page 5 of 5
Case No. 13 -008 Staff Rpt Page 4 of 6
Public Hearing Item 7 -B
P &Z October 17, 2012
RECOMMENDATION
Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough
Assembly with a recommendation that it be approved;
And, in a separate motion staff recommends that the Commission grant the request for a Conditional
Use Permit, subject to Conditions of Approval.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to recommend that the Kodiak Island Borough Assembly approve a rezone
according to KIBC 17.205.030.8, of Tract A, Lot 2, Block 17, Ouzinkie Townsite
Subdivision from R1- Single- family Residential to UNC -Urban Neighborhood Commercial,
and to adopt the findings of fact in the staff report dated October 5, 2012 as Findings of
Fact for Rezone Case 13 -008.
Staff is recommending that this motion be passed.
FINDINGS OF FACT (Rezone)
Section 17.72.020 states that the Commission shall incorporate the following criteria into their report
to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is
needed for the purpose of removing doubt with respect to the property's ability to legally support the
existing use.
A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is
justified because no alternative highest & best use has been presented.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the
Comprehensive Plan.
A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District
would be in conformity with the broad guidelines of the applicable comprehensive plan.
A rezone from R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would
provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered
to even in the case of locations not on the existing Urban Area road system.
Case No. 13 -008 Staff Rpt Page 5 of 6
Public Hearing Item 7 -B
P &Z October 17, 2012
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to grant A Conditional Use Permit (CUP), according to KIBC 17.200, for a Utility
and Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite
communication ground station to be located on Tract A, Lot 2, Block 17, Ouzinkie
Townsite Subdivision, subject to Four (4) Conditions of Approval, and to adopt the
findings of fact in the staff report dated October 5, 2012, as Findings of Fact for CUP
Case 13 -008.
Staff is recommending that this motion be passed.
CONDITIONS OF APPROVAL
[1] A) The City of Ouzinkie is required to submit documentation sufficient to establish
compliance with the terms of KIBC 17.200.030.
B) The documentation required in 1A above must be submitted to the Community
Development Department within one hundred eighty (180) days of the decision date for
Staff review and approval.
[2] The City of Ouzinkie is required to obtain a zoning compliance permit for the existing building
on the subject parcel, and to pay the appropriate "After the Fact" fee.
[3] The City of Ouzinkie / GCI, Inc. is required to install sight- obscuring fencing, a minimum of eight
(8) feet in height, around the installation.
FINDINGS OF FACT (Conditional Use Permit)
A. Appropriate conditions of approval will ensure that the conditional use will preserve the value,
spirit, character, and integrity of the surrounding area;
B. The conditional use fulfills all other requirements of this chapter pertaining to the conditional use in
question;
C. Granting the conditional use permit will not be harmful to the public health, safety, convenience,
and comfort;
D. Documentation submitted with the request ensures that the sufficient setbacks, lot area, buffers or
other safeguards are being provided to meet the conditions listed in subsections A through C of this
section;
E. This conditional use permit does not pertain to a public use or structure.
Case No. 13 -008 Staff Rpt Page 6 of 6
Public Hearing Item 7 -B
P &Z October 17, 2012
) O 1 ^ I n 7 5^
KODIAK ISLAND BOROUGH
ORDINANCE NO. 77 -15 -0
AN ORDINANCE AMENDING THE KODIAK ISLAND BOROUGH ZONING
MAP AND DEFINITIVELY ZONING ALL LANDS WITHIN THE BOROUGH NOT
PREVIOUSLY CLASSIFIED
BE IT ORDAINED by the Kodiak Island Borough Assembly
that the official zoning map is hereby amended as follows:
Section 1.
All lands within the corporate jurisdiction of the
Kodiak Island Borough which have not previously been classified
and depicted on the official zoning map are hereby zoned
"Conservation" and all such lands will herein after be so
reflected on the official zoning map until further rezoned in
accordance with Chapter 17 of the Kodiak Island Borough code of
ordinances.
PASSED AND APPROVED this 215- of ,, (.) 1977
I z
KODIAK ISLAND BOROUGH
BY F1 S • .. aa--'
Borou, ,'a —. empore
I
BY _ Az-.
'res • ng 1 icer
ATTEST:
orough ,¢1 €r
First Reading, Approval Date: 'Z, / 9 7 7
e i
Second Reading, Public Hearing, Approval Date: . & 7 / 7 7 7
Effective Date:
9 /7`77
�•_i ��� �
Case No. 13 -008 Appendix Page 1 of 5
Public Hearing Item 7 -8
P &Z October 17, 2012
0 0 0^ I '` 2 7 i < .
KODIAK ISLAND BOROUGH
ORDINANCE NO. 77 -19 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH
ASSEMBLY REZONING CERTAIN LANDS WITHIN THE
BOROUGH.
WHEREAS, the Kodiak Island Borough Assembly has
found it necessary to rezone certain land within the Borough
from Conservation to Residential classifications within the
six major rural villages.
The Kodiak Island Borough Assembly hereby Ordains:
That all of the land within the corporate limits
of the villages of
1. Akhiok
2. Old Harbor
3. Larsen Bay
4. Ouzinkie
5. Port Lions
11 Are hereby rezoned from Conservation to R -1 Single
Family Residential. And that those lands within the village
of Karluk depicted on Sheet No. 4 of the Kodiak Island
. Borough Zoning Map as R -1 are hereby rezoned from Conservation
to R -1 Single Family Residential. / '
PASSED AND APPROVED THIS y 1/ DAY OF g
1977.
KODIAK ISLAND BOROUGH
BY Ells
d . g 'ayor Pro- Tmpore
By -
'res • ng 1 cer
ATTEST:
`J/ g idu� i erk -r asu er
FIRST READING AND APPROVAL DATE July 7 1977
SECOND READING, PUBLIC HEARING AND PASSAGE DATE: August 4, 1977
Case No. 13 -008 Appendix Page 2 of 5
Public Hearing Item 7 -B
P &Z October 17, 2012
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Case No. 13 -008 Appendix Page 3 of 5
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Public Hearing Item 7 -B
P &Z October 17, 2012
CASE NUMBER DATE
12 -038 June, 2012
12 -036 May, 2012
12 -035 May 2012
12 -009 August 2011
12 -005 July 2011
12 -004 July 2011
12 -003 July 2011
11 -025 May 2011
10 -002 November 2010
9 -018 May 2009
9 -017 May 2009
9 -004 October 2009
8 -013 November 2008
8 -005 August 2008
Case No. 13 -008 Appendix Page 5 of 5
Kodiak Island Borough
Planning & Zoning Commission
Minutes
October 17, 2012 6:30 p.m. in the Assembly Chambers
CALL TO ORDER
CHAIR TORRES called to order the October 17, 2012 regular meeting of the Planning and
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR TORRES led the pledge of allegiance.
ROLL CALL
Brent Watkins & Bill Kersch requested to be excused.
Roll call was taken and commissioners present wee Alan Torres, Alan Schmitt, Rick Vahl, and
Sonny Vinberg. Excused was Brent Watkins and Bill Kersch.
A quorum was established.
COMMISSIONER VAHL MOVED to excuse Brent Watkins & Bill Kersch.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER SCHMITT MOVED to add item 9 -B- Proposed Bylaw Amendment and approve
the October 17, 2012 Planning & Zoning Commission agenda as amended.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SCHMITT MOVED to approve the September 19, 2012 Planning & Zoning
Commission minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were none.
PUBLIC HEARINGS
A) Case 13 -009. Request a Parking Review, according to KIBC 17.175.050, to allow
three (3) off - street parking spaces required in support of Lot 7A, Allman and Lalande
Subdivision, to be located on Lot 9, Allman and Lalande Subdivision, a lot located within
600 feet of the subject parcel. The applicant is Scott Pillans. The locations are 1414 Mill
Bay Road and 1411 Selig Street, and the zoning is B- Business.
Lydick stated this parking review is an outgrowth of staff's decision to permit construction of
a new building before the property owner had all of the zoning compliance review
components in place. Staffs decision was based upon the perception that a new building, that
lacked adequate on -site parking, was eminently more preferable than the continued presence
of a dilapidated structure that ill- served the owner, or community. Staffs decision to proceed
was a bet on the come, that is, that an appropriate alternative, in the form of an off -site
10/17/2012 P &Z Minutes Page 1 of 9
parking agreement, or a compromise, in the form of a parking variance, could be achieved in
the future. The owner weighed his options, and has chosen the off -site, alternative parking
agreement as the preferable option. Fifty six (56) public hearing notices were mailed on
September 5, 2012. No notices have been returned either supporting or opposing this request.
Staff is recommending that the Commission approve this alternative parking arrangement.
COMMISSIONER VAHL MOVED to allow three (3) off - street parking spaces required in
support of Lot 7A, Allman and LaLande Subdivision, to be located on Lot 9, Allman and
LaLande Subdivision, a lot located within 600 feet of the subject parcel, per KIBC 17.175.050,
and to approve the findings in the staff report dated October 5, 2012 as "Findings of Fact" for
Case No. 13 -009.
Public testimony was given by:
Scott Pillans is support of his request. He said there is plenty of parking on lots around his
business. He's made an agreement to rent 3 parking spaces which are located at 1411 Selig
Street and it's vacant, flat, undeveloped property.
Public hearing was closed:
During discussion COMMISSIONER SCHMITT expressed concern with the agreement with Ms.
Limchantha, particularly the addendum at the bottom that says that she reserves the right to
cancel or terminate this agreement anytime without liability to her. That shoots the
agreement full of holes. The code states it has to be a long term easement license or permit
She could cancel this at any point and that is not the kind of agreement the code requires. The
commission asked Pillans if he would be willing to try to get a long term agreement,
something that can't be revoked. COMMISSIONER VAHL stated definitions for long term vary
throughout the code.
Pillans said the bottom is his business and the upstairs will be residential so the parking
during the day would be for business and the parking at night would be for the tenants after
they are off work. He said he would talk to Ms. Limchantha to see if she would remove that
addendum to terminate.
COMMISSIONER SCHMITT MOVED to amend the motion to add a condition of approval that
would require a written contract for 3 additional parking spaces for at least 1 year.
ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY
CONDITION OF APPROVAL
1. Acquire a written contract for 3 additional parking spaces for at least 1 year.
FINDINGS OF FACT
1. The distance between the off -site parking and the use that is served is less than the
maximum tolerance of 600 lineal feet.
2. The zoning district of the off -site parking and zoning district of the use that is being served
is the same.
ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY
B) Case 13 -008. Request a rezone investigation, according to KIBC 17.205.030.B, to
consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from
R1- Single - family Residential to UNC -Urban Neighborhood Commercial; and,
10/17/2012 P &Z Minutes Page 2 of 9
A Conditional Use Permit (CUP), according to KIBC 17.200, to consider a CUP for a
Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite
communication ground station. The applicant is the Planning & Zoning Commission and
the Agent is Mayor Dan Clarion of Port Lions. The location is 3712 Third Street,
Ouzinkie, and the zoning is R1- Single- family Residential.
Lydick stated this request for rezone and conditional use permit was initiated at the
Commission's request, and underscores the Commission's position that most lands within the
Kodiak Island Borough are indeed subject to the Borough's zoning ordinance. The rezone
would provide the subject parcel with the appropriate zoning, and the conditional use permit
would to accommodate the existing communications facility. The issues of appropriate zoning
and use were originally brought to the attention of the department by a concerned citizen.
The department's out -reach effort resulted in acknowledgement by the City of Ouzinkie of the
zoning over - sight, and a subsequent request by the City for the Commission's intervention and
resolution. Eighteen public hearing notices were mailed on September 5, 2012. One comment
has been returned opposing the request. Staff is recommending the Commission forward a
favorable recommendation for the rezone to the Assembly, and is recommending granting the
request for a conditional use permit, with appropriate conditions of approval.
COMMISSIONER SCIIMITT MOVED to recommend that the Kodiak Island Borough Assembly
approve a rezone according to KIBC 17.205.030.B, of Tract A, Lot 2, Block 17, Ouzinkie
Townsite Subdivision from R1- Single- family Residential to UNC -Urban Neighborhood
Commercial, and to adopt the findings of fact in the staff report dated October 5, 2012 as
Findings of Fact for Rezone Case 13 -008.
The public hearing was opened & closed: There was no public testimony.
Discussion
REZONE FINDINGS OF FACT
17.72.020 A. Findings as to the Need and justification fora Change or Amendment.
A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban
Neighborhood Commercial Zoning District is needed for the purpose of removing doubt with
respect to the property's ability to legally support the existing use.
A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban
Neighborhood Commercial Zoning District is justified because no alternative highest & best
use has been presented.
_ 1 _ 1 : ' 1_ !'i • t se f • I • ens • ws _ d h. . , j •
0 jectives of the Comprehensive Plan,
A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban
Neighborhood Commercial Zoning District would be in conformity with the broad guidelines
of the applicable comprehensive plan.
A rezone from R -1 Single Family Residential Zoning District to the UNC -Urban Neighborhood
Commercial Zoning District would provide positive reinforcement to the general principle
that the Zoning Ordinance should be adhered to even in the case of locations not on the
existing Urban Area road system.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
10/17/2012 P &Z Minutes Page of
COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit (CUP), according to
KIBC 17.200, for a Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a
satellite communication ground station to be located on Tract A, Lot 2, Block 17, Ouzinkie
Townsite Subdivision, subject to three (3) Conditions of Approval, and to adopt the findings of
fact in the staff report dated October 5, 2012, as Findings of Fact for CUP Case 13 -008.
CUP CONDITIONS OF APPROVAL
[1] A) The City of Ouzinkie is required to submit documentation sufficient to establish
compliance with the terms of KIBC 17.200.030.
B) The documentation required in 1A above must be submitted to the Community
Development Department within one hundred eighty (180) days of the decision date for
Staff review and approval.
[2] The City of Ouzinkie is required to obtain a zoning compliance permit for the existing
building on the subject parcel, and to pay the appropriate "After the Fact" fee.
[3] The City of Ouzinkie / GO, Inc. is required to install sight- obscuring fencing, a minimum of
eight (8) feet in height, around the installation.
CUP FINDINGS OF FACT
A. Appropriate conditions of approval will ensure that the conditional use will preserve the
value, spirit, character, and integrity of the surrounding area;
B. The conditional use fulfills all other requirements of this chapter pertaining to the
conditional use in question;
C. Granting the conditional use permit will not be harmful to the public health, safety,
convenience, and comfort;
D. Documentation submitted with the request ensures that the sufficient setbacks, lot area,
buffers or other safeguards are being provided to meet the conditions listed in subsections
A through C of this section;
E, This conditional use permit does not pertain to a public use or structure.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case S13 -007. Request Preliminary approval, according to KIBC 16.40, to amend a
note on Plat 84 -46, to allow for forest management and other limited uses such as for
fire protection and power line protection within the platted green belt on Lot 1,
Sawmill Subdivision, and
Amendment of a condition of approval, according to KIBC 17.200, for CUP Case 85-067
to allow for forest management and other limited uses such as for fire protection and
power line protection with the platted green belt on Lot 1, Sawmill Subdivision. The
applicant is Surf & Turf, LLC and the agent is Reed Owsalt. The location is 1667
Monashka Bay Road, and the zoning is C- Conservation.
Lydick reported this request for preliminary subdivision approval does not rise to the level of
scrutiny that normally accompanies a new subdivision request. The request here focuses on
two components of the original subdivision approval and does not contemplate any lot line or
boundary re- alignments. The petitioner is requesting amendment of an existing plat note that
mandates that the platted greenbelt remain in its natural state, and amendment (or
interpretation) of an accompanying conditional of approval that outlines acceptable activity
10/17 /2012 P &Z Minutes Page 4 of 9
within the greenbelt. Two issues are paramount in staffs perspective; 1) the Commission's
receptivity to existing incursions into the greenbelt which have altered its natural state, and
2) an appropriate interpretation of timber or forest management practices. Five (5) public
hearing notices were mailed on September 7, 2012. Two (2) notices have been returned
opposing the request and(1) notice has been returned supporting the request. Staff is
recommending Commission of the plat note amendment with one attached condition of
approval, and staff is recommending amendment of CUP #85 -067, with an attached
stipulation of approval.
In response to COMMISSIONER SCHMITT'S inquiry that on next month's agenda will be the
borough to rezone the landfill case, is that correct, Lydick stated that is correct.
COMMISSIONER SCHMITT asked if they will be required to get a CUP to go along with that,
Lydick said they would be required to get the CUP. COMMISSIONER SCHMITT stated with that
CUP we could put a condition of approval that the borough maintain a greenbelt along the
roadway, could we not, Lydick stated he believes it's in the commission's authority.
COMMISSIONER VAHL MOVED to grant preliminary approval, in accordance with KIBC 16.40,
for the amendment of a plat note on Plat 84 -46, to allow for forest management and other
limited uses such as for fire protection and power line protection within the platted green belt
on Lot 1, Sawmill Subdivision, subject to one (1) condition of approval, and to adopt the
findings contained in the staff report dated October 7, 2012 as Findings of Fact for Case 513-
007.
The public hearing was opened. Public testimony was given by:
Reed Oswalt stated he came to withdraw the petition because he's been told that this is not
following the intent that he had. That note that's on our plat was put on him originally because
he wanted the protection of a greenbelt, not only there but also between himself and the
landfill, and also behind on our slope we are replanting that so that when we are done all of
our flat land that's not valuable as far as being flatland will be a greenbelt. We've been at this
for over 30 years now and that greenbelt in front is being enhanced with 4 ponds for fire
protection, we have it set up with a road that's in question that was put in years ago by
himself and Earl Smith the Fire Chief. The reason was that it gave protection from Marmot
Drive. Smith could put a pumper there and run a hose all the way to Marmot Drive. All Oswalt
wanted on the plat was that the greenbelt would be maintained using the criteria from the
Forestry book that he's used since 1977 or 78. By having this book named for that criteria for
this greenbelt is the safest way to ensure that it's still being used. He's been told to withdraw
his petition because it's not following the intent. If you want to change it so it follows the
intent he would appreciate it. We appreciate having the greenbelt with the trees there.
In response to COMMISSIONER SCHMITT'S inquiry to Oswalt, it's in the staff report that
there's at least one other greenbelt area in the borough which is the landfill area but the code
doesn't speak to what a greenbelt is and rather than doing sort of a piecemeal plat specific
trying to define greenbelt would you be more comfortable in having something in the code
that says this is what a greenbelt is and it would be maintained to some specific standards,
Oswalt said as long as it's maintained to standards. What really got him when Oswalt read this
was the fact that if he goes with what's in here (staff report) if you go to page 5 through 8
you'll find there's a lot of things put in there that gives you an idea what he's after. if you go to
page 4 of 8 of the front part you'll find my intent that was ignored and was a surprise. He
brought the handbook in so they could see what he's been using.
10/17/2012 P &Z Minutes Page 5 of 9
During discussion Oswalt was asked if he would be willing to work with staff to get something
that he would want in front of us. Oswalt answered yes, he would but we should postpone for
more than a month.
The public hearing was closed.
COMMISSIONER SCHMITT stated he'd like to see something in the code before now and May
because the concept of a greenbelt that's not just for your property but for the adjacent
property and maybe other places in the borough to come forward.
COMMISSIONER VINBERG said he'll bring this up at the PAC meeting and once it moves up to
the P &Z we can look at it even harder as the commission.
COMMISSIONER SCHMITT MOVED to postpone until the May 2013 regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) Case S13 -005. Request Preliminary approval, per KIBC 16.40, of the subdivision of
Lot 2A, Block 1, Holland Acres, 1st Addition, creating Lots 2A -1 through 2A -8,
Cottonwood Cove Subdivision. The applicant is Art & Arlene Zimmer. The location is
170 Island Lake Road and the zoning is B- Business.
Lydick stated this request for preliminary subdivision approval has the potential be a case
study in the Commission's attentiveness to its responsibility as outlined in KIBC 16.10.010 C.
The passage "...in order to provide the best subdivision of land" need not be interpreted as
"any old subdivision will do ". This plat presents lot configurations and the retention of
existing buildings that seem to imply that the owner /developer's over - riding emphasis is to
retain as much of the old as possible, with little regard for the future fit of the development
into the evolving neighborhood. With a total of nine (9) suggested conditions of approval, the
written staff report relays some trepidation from staff's perspective. It is especially
troublesome when staff suggests that some lots be restricted, by plat note, from uses that are
permitted uses in the applicable zoning district. The creation of "boutique zoning districts" via
the subdivision process should be discouraged by all possible means. Thirty one (31) public
hearing notices were mailed on September 4, 2012. One (1) notice has been returned
supporting the request. Staff is recommending the Commission grant preliminary approval,
subject to nine (9) conditions of approval.
COMMISSIONER SCHMITT MOVED to grant preliminary approval, subject to the conditions of
approval contained in the staff report dated October 5, 2012, and to adopt the findings in that
staff report as "Findings of Fact" for this case.
The public hearing was opened. Public testimony was given by:
Art Zimmer stated he'd like to know what those 9 conditions would be and he has nothing. If
they are already in print he'll look at those later but he wasn't given those.
COMMISSIONER SCHMITT MOVED to take a brief recess until 7:45.
VOICE VOTE ON MOTION CARRIED.
CHAIR TORRES reconvened the meeting at 7:44 p.m.
Mr. Zimmer looked through the list and does that #1 mean that it will be postponed until
December's meeting, is that what you are saying? Needing perhaps some research on the
other points you suggest another meeting in December, is that right?
10/17/2012 P &Z Minutes Page 6 of 9
Lydick stated at the time the staff report was written staff was not aware or did not catch on
to the fact that the subdivider is proposing vacating an existing easement so that would
require a separate review action. At this point in time, Lydick thinks where we're going with
this is we are asking the commission to grant preliminary approval to the concept subject to
coming back to look at this vacation easement.
Zimmer asked Lydick what easement he's speaking about, he doesn't know of any. He didn't
know that we were vacating any easements. Are we? There was an earlier survey that Ecklund
did that showed the easterly side that showed some easement there for utility that the
surveyor indicated would be vacated, It's not required, we don't need it. Is that what you are
needing? And how to do that he's not sure what you want to do.
Lydick stated that it's indicated on the plat that's going to be vacated. We are proposing that
we come back and go through this action again.
Zimmer said #2 is OK, #4, it's already zoned commercial, all this property and he's not sure
why you need a note that prohibits commercial development. He thought commercial zoning
permits any kind of commercial development. What do you mean by #4?
Lydick stated that Mr. Zimmer wants to engage in a conversation here and that's not the
process at this point in time.
Zimmer said he's supposed to comment on these conditions of approval and asking about
them 1 don't know what you mean by that. #'s 5 and 6. Line weight he's unclear about that, can
someone explain that, he'd like to know.
CHAIR TORRES stated there seems to be a lot of questions on this case that he can't answer
and once the public hearing is closed he is going to ask for a postponement until these things
can be cleared up.
Zimmer stated he was not informed of these conditions earlier, not until now so he wasn't
able to speak to them to staff earlier.
The public hearing was closed:
COMMISSIONER SCHMITT said the staff report has been available for a week and we had the
work session last week where we talked about this. This is done in advance so if there are
questions we can get them resolved.
COMMISSIONER SCHMITT MOVED to postpone this case until the December regular meeting.
ROLL CALL VOTE ON POSTPONEMENT MOTION CARRIED UNANIMOUSLY
OLD BUSINESS
There was none.
NEW BUSINESS
A) CASE N /A. Request an investigation of the Commission's authority to engage in a
dialogue addressing the issue of off - street parking requirements and on- street space
availability along the Shelikof Street Corridor. The location is 210 Shelikof Street to 715
Shelikof Street. The zoning is B- Business and I- Industrial.
Lydick reported this memo is to inform the Commission that staff has not been derelict in its
duty to respond to Commission directives. This memo finds that the Commission likely does
have broad powers to address issues that come before it within the realm of borough
10/17/2012 P &Z Minutes Page 7 of 9
planning. However, this memo also reminds the Commission of existing time commitments,
and fiscal constraints, Staff is recommending that the Commission recognize certain priorities
and delay formulation of any major initiative until our current work load has been reduced.
COMMISSIONER SCHMITT MOVED to postpone this until the February 2013 agenda.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) INTRODUCTION OF PROPOSED BYLAWS AMENDMENT
COMMISSIONER SCHMITT gave notice of proposed bylaw changes to be addressed at the
November regular meeting.
Suggested proposed changes are as follows:
ARTICLE IX— Procedure
D. New Information
Staff shall not give to the Commission any new information received less than fifteen (15)
days prior to a regular meeting date. Staff shall inform the Commission of new information
received after the fifteen (15) day deadline. That new information may be considered by the
Commission for action at a future meeting or referred to the staff for study.
COMMISSIONER SCHMITT MOVED to introduce proposed changes for consideration on the
next agenda.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
COMMUNICATIONS
A) September 19, 2012 P &Z Public Hearing Results Letters
B) Memo Regarding the Appeal of Case 13 -006
COMMISSIONER SCHMITT MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
o October 25, 2012 P &Z /P &R Quarterly Update to the Assembly
o November 14, 2012 work session at 6:30pm in the KIB Conference Room.
o November 21, 2012 regular meeting at 6:30pm in the Assembly Chambers.
B) Minutes of Other Meetings
o August 14, 2012 Parks & Recreation Committee
C) Abbreviated and Final Approval - Subdivisions
COMMISSIONER SCHMITT MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
There were none.
COMMISSIONER'S COMMENTS
Rick Vahl said it's unusual for us to postpone cases; we like to see them go through. He thinks
with the 2 scenarios it's a good opportunity to work with the applicants.
10/17/2012 P &Z Minutes Page 8 of 9
Alan Schmitt said the concept of the greenbelt and coming up with a functional definition of it
that could be codified is a good approach and he doesn't want to prejudge the case but he will
be looking at that for a condition of approval for the case next month involving the landfill.
The borough should be held to the same standards and a greenbelt along the highway there
would certainly add a lot for the overall public welfare. Schmitt also said he doesn't know
what was going on with Mr. Zimmer's case, it would seem like someone that submits a case for
a subdivision would know to come to the meeting, read the staff report and get a feel for
what's going on. The reason it takes so long is because we have to go through the notice and
public hearing process. He attended his first P &R meeting and will try to make the most of it.
Alan Torres stated we have training in Anchorage November 11 - 13th. Torres will not be able
to attend the work session next month.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
CHAIR TORRES adjourned the meeting at 8:22 p.m.
KODIAK ISLAND BOROUGH
PLANNING &Z G COMMISSION
Alan Torres, Chair
ATTEST
By: d71
Sheila Smith, Secretary
APPROVED: November 21, 2012
10/17/2012 P &Z Minutes Page 9 of9
*k <y KODIAK ISLAND BOROUGH
,R., - /, ;
,fir t :C. -, AGENDA STATEMENT
yY :
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 9.0
TITLE: State of Alaska Alcoholic Beverage Board Liquor License Application for
Transfer of Ownership, Transfer of Location, and Name Change
•
(Licensee /Applicant: Kodiak Inn, Inc., D.B.A. Kodiak Harbor Convention Center).
ORIGINATOR: Clerk's Office Staff
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Liquor License Application for Transfer of Ownership, Location, and Name
Change /Back -up.
APPROVAL FOR AGEND �
SUMMARY STATEMENT:
This application for liquor license transfer is to transfer license ownership, location, and name change to
the Kodiak Harbor Convention Center.
The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure which
states:
A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an
application or intent to approve the transfer or issuance of a new liquor license:
1. The clerk shall investigate to determine if the borough has an interest which can be protected by
protesting the approval of the application for transfer or issuance of a new liquor license;
2. The clerk shall check with the state troopers on the number of trouble reports at the place of
business;
3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next
meeting of the assembly in order that citizens may express their desires as to whether or not the
assembly should approve or protest the transfer or issuance of the liquor license; and
4. The notice of intent to establish a new liquor license or transfer of location of an existing license
shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A
transfer from one person to another of a liquor license, even if the location stays the same, shall
be considered a request for a new liquor license by the Kodiak Island Borough. The applicant
shall pay a fee based upon the cost of the notice and application processing costs to the borough.
B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be
lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney
are authorized to use any document or evidence necessary to effectively advance the position of the
borough at any hearing before the Alcoholic Beverage Control Board.
Note: Public hearing notices were mailed to 177 landowners as referenced above.
RECOMMENDED MOTION: Move to voice non - protest to the State of Alaska Alcoholic
Beverage Control Board for the Kodiak Harbor Convention Center's request for transfer
of license ownership, location, and name change. Licensee /Applicant: Kodiak Inn, Inc.,
D.B.A. Kodiak Harbor Convention Center.
Kodiak Island Borough Page 1 of 1
4, V Ut'ITN D epartment of Commerce, Community,
9 \ \ /jF`4 THE STATE > >
4 ,
s . -i��,: , and Economic Development
0. � °' ALAS 0d i
ALCOHOLIC BEVERAGE CONTROL BOARD
41
a GOVERNOR SEAN PARNIEL�. 5848 E. Tuoor Road
O m - Anchorage. Alaska 99507 9507
laAA 1 Main: 907.269.0350
TDD: 907.465.5437
Fax: 907.272.9412
January 8, 2013
City of Kodiak
Attn: Debra Marlar, City Clerk
VIA Email: der 4.ci -.kodiak.ak.us
Cc: njavier@kodiakak.us
Kodiak Inn, Inc. — Beverage Dispensary License #3480 DBA Kodiak Harbor Convention Center
❑ New Application g Transfer of Ownership ‘521 Transfer of Location
❑ Restaurant Designation Permit iyi DBA Name Change
We have received an application for the above listed licenses (see attached application documents) within
your jurisdiction. This is the notice as requited under AS 04.11.520. Additional information concerning
filing a "protest" by a local governing body under AS 04.11.480 is included in this letter.
A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s)
pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written
statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the
board will not approve the application unless it finds that the protest is "arbitrary, capricious and
unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the
application is denied for reasons stated in the protest. The applicant is entitled to an informal conference
with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal
hearing in accordance with AS 44.62.330 44.62 - 630. IF THE APPLICANT REQUESTS A HEARING,
THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF
ITS PROTEST.
Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a
zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance
of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the
board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages.
If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at
the proposed premises and no variance of the reguladon or ordinance has been approved, please notify us
and provide a certified copy of the regulation or ordinance if you have not previously done so.
Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required
by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear
that in mind in responding to this notice.
AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate
community council(s).
If you wish to protest the application referenced above, please do so in the prescribed manner and within
the prescribed time. Please show proof of service upon the applicant. For additional information please
refer to 13 AAC 104.145, Local Governing Body Protest.
Note: Applications applied for under AS O4.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e),
and 13 AAC 104.660(e) must be approved by the governing body.
Sincerely,
SHIRLEY A. COTE
Director
Sang 1. Oates
Business Registration Examiner
sarah.oates@alaska.gov
(907)269 -0356
State of Alaska
Alcoholic Beverage Control Board
Date of Notice: January 8, 2013
Application Type: NEW TRANSFER
Ownership
Location
Name Change
Governing Body: City of Kodiak
Community Councils: None
License #: 3480
License Type: Beverage Dispensary
D.B.A.: Kodiak Harbor Convention Center
Licensee /Applicant Kodiak Inn, Inc.
Physical Location: 211 Rezanof W., Kodiak, AK 99615
Mail Address: 236 Rezanof W., Kodiak, AK 99615
Telephone #: 907 - 486 -5712
EIN: 92- 0147988
Corp /LLC Agent Address Phone Date and State of Good
Incorporation standing?
Kodiak Inn, Inc. 236 Rezanof W. 907 -486 -5712 10/05/1993 Yes
Kodiak, AK 99615 Alaska
Please note: the Members / Officers /Direct ors / Shareholders (principals) listed below are the principal
members. There may be additional members that we are not aware of because they are not primary
member. We have listed allprincipal members and those who hold at least 10% shares.
Member /Officer /Director: DOB Address Phone Title /Shares (%)
John R. Johnson 07/04/1940 811 Willow #1 907 -486 -5712 39%
President Kodiak, AK 99615
Judith E. Johnson 04/12/1942 811 Willow #1 907- 486 -5712 51%
Secretary Kodiak, AK 99615
Douglas L. Johnson 04/26/1973 55156 Hill Avenue 907- 235 - 8148 10%
Vice President Homer, AK 99603
Susan M. Johnson 12/10/1974 406 Neva Way 907- 486 -5712 0%
Treasurer Kodiak, AK 99615
If transfer application, current license information:
License #: 3480
Current D.B.A.: Eugene's Restaurant
Current Licensee: Eugene's, Inc.
Current Location: 202 13 Rezanof Drive, Kodiak, AK 99615
Additional comments:
•
Page 2
A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s)
pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of
reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve
the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with
AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest.
The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the
informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE
APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR
UNDERTAKE THE DEFENSE OF ITS PROTEST.
Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a
zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the
regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning
regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning
regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no
variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the
regulation or ordinance if you have not previously done so.
Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by
zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind
in responding to this notice.
AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate
community council(s).
If you wish to protest the application referenced above, please do so in the prescribed manner and within the
prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC
104.145, Local Governing Body Protest.
Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e),
and 15 AAC 104.660(e) must be approved by the governing body.
Sincerely,
SHIRLEY A. COTE
Director
cnce
Sam(! a Oates
Business Registration Examiner
sarah.oates ®alaska.gov
(907)269 -0356
Alcoholic Beverage Control Board Transfer Liquor License
8' (907) 269 -0350
5848 E Tudor Rd Fax: (907) 272 -9412
Anchorage, AK 99507 hltp:// connnerce .alaska.gov /dnn/abc/tlome.aspx
License is: l Full Year OR ❑ Seasonal List Dates of Operation: .
FEES
SECTION A - LICENSE INFORMATION L/] �F3/�,
License Year 'I License Type: Statute Reference - — 1 �l�
,2 011 — ZO I Z ' 7 s Filing Fee: x100.00 gio_ 2 be V' e,2- 1 r / e. , (/ i 5 I oN swg Sec 04.11
License 0: ./ I G U Rest. Desig. Permit
Local Governing Body: (City, Borough et Unorganized) Con Council Name(s) & Mailing Address: Fee: 5
•
K ©�1-Ak Cit. }Co' /Ak ( ^ I/1 L. N G1/ Fingerprint: $
Name of Applicant ( Cap/ LLC /LP/LLPnndividual/Parinerahip7 K 6C•I.IG t k, f l t 9/to) S TOTAL
A r
1 \ C .1 ,, t1 1 .
I r .IN c: Doing Business ..As (Business Name): Business Telephone Number.
444rrr KOci hpe boc 961 9E6 577-2- C C," ve& I1 10A cenkrz. Fax Number: M30
Mailing .Address: / Street Address or Location of Premise: Email Address:
j f ezAMc'f Val , 2 1 I IZC zAM C-T f� W . ZN>� L �. t l
City, State, Zip: pp _ e CO ✓V)
p C / IoCt1h1-k � � ci'd 6I5 IN
�'CedifHI ig�, I 9�c(S
SECTION B - TRANSFER INFORMATION
N and Mailing Address of CURRENT Licensee /1
Di Regular Transfer jet AY 1 ,f .4 /QC / C �a : /5 .5 C / /NTH A •
Cl Transfer with seawity interest: My instrument executed under .A$ Kiwi / M-A /'r-i' Y j E. i 5
04.11.670 for purposes of applying AS 04.11.360(4)(6) in a later Business Name (dba) BEFOREtrAnsfer:
involuntarytransfer, must be fi led with this Applicants). Real orpenasal E./et \l G / ,, .�
property conveyed with this transfer must be desaibed. Provide wavily LI &�t/c 1 5 5 C ic-i/A
interest documents. Street A4na or Location BEFORE transfer. MALT. Q
CI cu ) Involuntary Transfer. Attach documents which evidence default under O / ' . "
AS 04.11.670. 2- 0 2 Re 7 h/OF
SECTION C - PREMISES TO BE LICENSED
Distance toposea school grounds: measrved undo: 0 Premises is GREATER than 50 miles from the boundaries of an
1 AS 04.11.410 O incorporated city, borough, or unified municipality.
i IAA \ e Local ordinance No. ❑ Premises is LESS than 50 miles from the boundaries of an incorporated cam',
Distance to closest church: memurad rm/o: borough, or unified muni ipality.
1 `i(s IG fl l i vaara AS 04.11.410 OR �f rf Not applicable
I ❑ Local ordinance No.
p ❑ Plans submitted to Fire Marshall (required for new & proposed buildings)
Remises to be licensed is: ' r Diagram of premises attached
O Proposed building
Existing facility
•
O New building
Transfer Application Page 1 of 3
Alcoholic Beverage control Board Transfer Liquor License
5848E Tudor Rd (907) 269 -0350
Fax: (907) 272 -9412
Anchorage, AK 99507
http: / /commerce.aleskagov /dnnfabc
SECTION D — LICENSEE INFORMATION
1. Does any individual, corporate officer, d limited liability organimtian member, manager or partner named in this application have any direct
or indirect interest in any other alcoholic beverage business licensed in Alaska or any other state?
p t Yes ❑ No If Yes, complete the following. Attach additional sheets if necessary.
Name Name of Business Type of License Business Street Address State
4h .& w {KurX �.. D • 4504. t3L j(eZA+uof K;(, il: 14-1C
.matte �Jh
I tj,1.f4 ssaw : a e B 7) C fl ' �:ti ?' l`1 SAW/A; S /T . Na ewe 1Q • , . . r 2 Ire.. � l s l ! • 1 9 , 4 4 �� • �� •
,� P . c . ' i a ! ! " •A. c al dlur,u •• •-,. .' t 4K
T -- . /i
, . 1 t ,5)1i:�,'[f?S� le-Vi V r pi a . t I SH
. IV . !
--� —e . . ' , i F .J4 iY s.2c • n1 6
aqf /pf • t /1)(ce 5A( 9 3eu 1D(y{ - *? /e/ ' • k s (Ji 61
2. Has any individual, corporate officer, director, limited liability organization �ernber, manager or partner named in this application been convicted
of a felony, a violation of AS 04, or been convicted as a licensee or manager of licensed premises in another state of the liquor laws of that state?
❑ Yes 14 No If Yes, attach written explanation.
SECTION E — OWNERSHIP INFORMATION - CORPORATION
Corporations, LLCs, LLPs and LPs must be registered »fth the Dept of Community and Economic Development
Nam: o [Pity(Capmatio &LLC/ILP/LP) (or N/A if an individual ownership): Telephone Number: Fax Nrnnbtr.
keel 1•3315 i ti –{WG Yo'l`�b,s7 /Y ` / 0 7 ( 3430
Corporate Mpi dr eu: / Sea: . ', • K n bti Zip Code:
./
i1 e IV w City j / 5•' .
Name, Mailing Address and Telephone Number of Reginaed Agent: n 1 Date of Incorporation OR Slate of ncaporetion:
l I SK
f ile R tnsoti 2� o F lx) K�cl "1 ^ Cer with DCED:
� 1 5" 3 AIP
Is the Fruity in 'Thad Standing with the Alaska Division of Corporations? Y b /v es ❑ No
if no, mach written explanation. Your entity must be in compliance with Title 10 of the Alaska Statutes to be a valid liquor license&
Entity Memben (Must include President, Secretary, Treasure, Viee - Presider, Manage and Shareholder/Member with at least l0 %)
Name Title % Home Addraa & Telcphme Number Work Telephone Date of Birth
jj
31:24� fZ- .fir,tiiI Pete5 39 t// Coy, /, ko /ark ri z 57 /a-- 1 -y-4/0
�v` f / 04 te� Sr %7//Vi / /ot° (J Koi yo7W457,J_ 1.
%Q //.5 ,7 V,p, to 2* • S�i /5(0 Hill /Nt er /d1$5F /f`i — Z6 - 75
.s: ? AN /, .Thin 501v Tkc4- . yc6 Neva W35 Kod)a,k,.AK gaz 'Siiv pie..
NOTE: If yoe need additional/ apace, please anaeh a separate sheet
Transfer Application Page 2 of 3
Alcoholic Beverage Control Boar) Transfer Liquor License (907)269 -0350
5848 E Tudor Rd Fax: (907) 272 -9412
Anchorage, AK 99507 httpJ/ commerce.alaska.gov /dnn/abc/Home.aspx
SECTION F- OWNERSHIP INFORMATION- SOLE PROPRIETORSHIP (INDIVIDUAL OWNER & SPOUSE) i /. .(�
Individual licensees/Affiliates (The ABC Board defines an " •'Ciliate' as the spouse or significant other of a licensee. Each Affiliate mus be listed.)
Name: iant ❑ Name: Applicant in
Address: _ i diate ❑ Address: Affiliate ❑
-
Date of Birth: Date of Birth:
Home Phone: Horne Phone:
Work Phone: Work Phone:
Name: Appliont ❑ Name: Applicant ❑
Address: Affiliate ❑ Address: Affiliate ❑
Date of Binh: Date of Birth:
Home Phone: Home Phone:
Work Phone: Work Phone:
Declaration
• 1 declare wider pawky of perjury that I have examined this application, including the accompmging schedules and statements, and to the best of
my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted
obligations
• I hereby certify that there have been no changes in officers or stockholders that have not been reported to the Alcoholic Beverage Control Board.
The undersigned certifies on behalf of the organized entity, it is understood that a misrepresentation of fact is cause for rejection of this application
or revocation of any license issued �/"
• 1 further certify that 1 have nmd and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.
no person other than the licensee(s) has any direct or indirect financial interest in the licensed business.
• I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application.
Signature of Current license Signature of [tree's)
Signature t � a Signature
.�� (41249 A Apt"----
Signature Signature
Name & Title (Please Prim) Name & Tide (Please Print)
S CuA s *Mk) -`cw.A Cit pa-Ci ^ ?facSkalartt Stk. SLk.✓l O So Ts
Subscribed and sworn to before me this S and sworn to before o/
o ma this
,�ss((1� _rs/
3 day of SCatP4evwb,er 020LZ 2day l of o cll�[J.Itf "1 Vi
n tary 1 Public in aed fotytbe State ofAlaska Notary Public in and ford tate of Alaska /
-241 t -I...en__
kty commission expires: • t) / n 20 15" My commis -o esp' s: u� IA f 0r,
Gµ 6 I
Notary Public
VILMA 0.
Alaska IVAN `•'
My Commission Expires March 18, 2015 c,',;• d " „�
lY i Y e
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Transfer Application Page 3 of 3 , i `� " ' \`� a��
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Office of the Borough Clerk
710 Mill Bay Road
CCak Kodiak Alaska 99615
Phone (907) 486 -9310 Fax (907) 486 -9391
MEMO TO: Distribution
FROM: Marylynn McFarland, CMC, Depu,, 1 .
DATE: January 9, 2013
SUBJECT: Kodiak Inn, Inc. — Liquor License Transfer of Ownership, Location, and Name Change
The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a liquor license
application for Transfer of Ownership, Transfer of Location, and Name Change
From: To:
License #: 3480 License #: 3480
License Type: Beverage Dispensary License Type: Beverage Dispensary
D.B.A.: Eugene's Restaurant D.B.A.: Kodiak Harbor Convention Center
Licensee /Applicant: Eugene's, Inc. Licensee /Applicant: Kodiak Inn, Inc.
Location: 202 E. Rezanof Drive, Kodiak, AK Location: 211 Rezanof W., Kodiak, AK 99615
99615
Per KIBC 5.01.030 New license and transfer procedure.
A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an
application or intent to approve the transfer or issuance of a new liquor license:
1. the clerk shall investigate to determine if the borough has an interest which can be protected
by protesting the approval of the application for transfer or issuance of a new liquor license.
Please indicate whether or not the Borough, with regard to your department, has an interest which can
be protected by protesting the approval of the application for transfer. Please retum this memo to the
clerk's office by Friday, January 18, 2013.
#3480 — Kodiak Harbor Convention Center
The Department has The Department has
an interest, which can be protected by NO interest, which can be protected by
protesting the application for transfer. Please protesting the application for transfer.
indicate the interest to be protected:
Signature: Signature:
Date: Date:
Distribution: Bud Cassidy, Administrative Official Karl Short, Finance Department
Bill Robert, Assessing Department Building Official
Duane Dvorak, Community Development Department Fire Marshall
Woody Kerning, Engineering/Facilities Department
Encl: ABC Notice
Kodiak island a orough
Office of the Borough Clerk
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486 -9310 Fax (907) 486 -9391
NOTICE OF (PUBLIC HEARING
A public hearing will be held on Thursday, February 7. 2013, and the meeting will begin at 7:30
p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak
Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control
Board liquor license application for transfer of ownership, transfer of location, and name change.
From: To:
License #: 3480 License #: 3480
License Type: Beverage Dispensary License Type: Beverage Dispensary
D.B.A.: Eugene's Restaurant D.B.A.: Kodiak Harbor Convention Center
Licensee /Applicant: Eugene's, Inc. Licensee /Applicant: Kodiak Inn, Inc.
Location: 202 E. Rezanof Drive, Kodiak, AK Location: 211 Rezanof W., Kodiak, AK 99615
99615
Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure.
the clerk shall duly advertise and place the matter of the application upon the agenda for
the next meeting of the assembly in order that citizens may express their desires as to whether
or not the assembly should approve or protest the transfer or issuance of the liquor license.
If you do not wish to testify verbally, you may provide comments favoring or opposing in the
space below. Please email your comments to njavier @kodiakak.us, fax to (907) 486 -9391, mail
or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, February 7, 2013. If
you have any questions, please call us at (907) 486 -9310.
Name:
Mailing Address:
Comments:
RONALD ACARREGUI AJA KODIAK PROPERTIES, LLC ALAGNAK INC
PO BOX 8204 507 2ND AVE P.O. BOX 1275
KODIAK, AK 99615 FAIRBANKS, AK 99701 KODIAK, AK 99615
ALASKA COMMERCIAL COMPANY ALASKA FRESH SEAFOODS IN ALASKA STATE BLDG AUTH
NORTHWEST COMPANY 105 MARINE WAY P.O. BOX 230329
77 MAIN ST KODIAK, AK 99615 ANCHORAGE, AK 99523
WINNIPEG, MANITOBA, CA R3C2R
STATE OF ALASKA AMERICAN LEGION INC STEVEN AMES
POUCH Z 318 CENTER AVE P 0 BOX 2724
JUNEAU, AK 99811 KODIAK, AK 99615 KODIAK, AK 99615
ANCHOR APARTMENTS LLC MARK ANDERSON PHILLIP ANDERSON
PO BOX 613 1124 STELLER WAY 323 MAPLE AVE
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
JOHN ANTHONY HARRY ARDINGER HAZEL ARDINGER
210 HILLCREST ST W 1710 MILL BAY RD 1710 MILL BAY RD
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
RACHID & EMILY ARNICK ALAN AUSTERMAN CRAIG BAKER
PO BOX 1513 401 LIGHTFOOT AVE P.O. BOX 8514
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
WAYNE BAKER WADE BALL RANDALL C BISHOP
225 MILL BAY RD PO BOX 3361 402 MARINE WAY
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
TERESA C BISHOP BJM, LLC MARK BLAKESLEE
402 MARINE WAY P.O. BOX 993 PO BOX 2356
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
FILOMENO BRAVO KEVIN BRENNICK TONYA BROCKMAN ETAL
103 CENTER ST 114 LOWER MILL BAY RD 171 OTTER AVE
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
LEIF BROCKMAN TONYA M BROCKMAN DEAN BROWN ETAL
PO BOX 99 171 OTTER AVE 4254 CLIFFSIDE DR
BLACHLY, OR 97412 KODIAK, AK 99615 KODIAK, AK 99615
STATE OF ALASKA CAROLYN STREET, LLC MARY CAULFIELD
4700 BLM RD 2702 DENALI ST, STE. 100 65174 HIGH RIDGE DR
ANCHORAGE, AK 99507 ANCHORAGE, AK 99503 BEND, OR 97701
, CHRISTIE CHERNOFF CHERRIER- KING - CHERRIER CHRISTIAN SCIENCE SOCIETY
225 ALDER LANE 124 E. 3RD AVE. # 211 312 CAROLYN ST
KODIAK, AK 99615 ANCHORAGE, AK 99501 KODIAK, AK 99615
CITY OF KODIAK COMMUNITY BAPTIST CHURCH CECILE COSTELLO
P.O. BOX 1397 216 MILL BAY RD. 315 THORSHEIM ST
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
FRANCIS COSTELLO ANDREW CRAWLEY CREDIT UNION 1
PO BOX 547 120 W REZANOF DR 1941 ABBOTT RD
KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99507
KYLE CROW DALK, LLC ANDREW & MICHELLE DAVIS
410 W. REZANOF DR 201 CENTER AVE. 308 COPE ST
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
DANIEL DAVIS HOBART DAWSON AL DEGIES
PO BOX 420 P.O, BOX 2039 PO BOX 3115
KODIAK, AK 99615 KODIAK, AK 99615 ANDERSON, IN 46018
GLENN DICK EFREN DIESTA ETAL LUDGER DOCHTERMANN
11879 MIDDLE BAY DR 410 CAROLYN ST PO BOX 714
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
VICTOR DOWNING ED VENTURES INC ELKS LODGE #1772
217 W. HILLCREST ST 11900 CANGE ST PO BOX 846
KODIAK, AK 99615 ANCHORAGE, AK 99516 KODIAK, AK 99615
NAOMI EMMERT ENERGY PLUS HOMES, INC TOMMIE ESTEP
217 MILL BAY ROAD PO BOX 1066 314 HIGH ST
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
BRYAN FERRIS FIRST NAT'L BANK ALASKA ELIZABETH FLEMING
3408 HARLEQUIN CT ACCOUNTING /REPORTING UNIT PO BOX 1068
KODIAK, AK 99615 P 0 BOX 10 -0720 KODIAK, AK 99615
ANCHORAGE, AK 99510
JOHN FLETCHER DUANE FREEMAN WILLIAM GAEUMAN
PO BOX 927 1720 SIMEONOFF ST PO BOX 8109
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
GARY GILBERT GUYNETH GOTTSCHALK REVOCABLE JOYCE GREGORY
C/0 KAREN HEDGES TRUST 215 W. HILLCREST ST
PO BOX 182571 C/0 ASSOCIATED ISLAND BROKERS KODIAK, AK 99615
COLUMBUS, 011 43218 202 CENTER AVE. STE. 101
KODIAK, AK 99615
JOHN HANSEN HARBOR ENTERPRISES INC JAMES HAYDEN
PO BOX 663 P.O. BOX 389 305 NEVA WAY
KODIAK, AK 99615 SEWARD, AK 99664 KODIAK, AK 99615
MICHAEL HAYMAKER SHIRLEY HEGLIN MICHAEL HELLIGSO
PO BOX 2150 P.O. BOX 1043 318 W. REZANOF DR
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
HENRY'S GREAT ALASKAN REST KJ HERMAN, TODD HINER
512 W. MARINE WAY PO BOX 3350 P.O. BOX 671
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
MARGARET HOLM INT'L SEAFOODS OF ALASKA ISLAND FISH CO., LLC
303 COPE ST. PO BOX 2997 317 SHELIKOF ST
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
1 & D LAND MANAGEMENT, LLC LELAND JAMES LESLIE JAMES
PO BOX 313 1615 LIEGE DR P 0 BOX 536
KODIAK, AK 99615 HENDERSON, NV 89012 KODIAK, AK 99615
LESLIE T & MARY A JAMES JEFFREY JOHNSON JOHN JOHNSON
PO BOX 536 211 W. HILLCREST ST 236 REZANOF DR
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
ROBERT JOHNSON DUKE JONES ROLLAND JONES
305 COPE STREET 3784 TAYSIDE ST S PO BOX 375
KODIAK, AK 99615 SALEM, OR 97302 KODIAK, AK 99615
ANNA MARIA KALOUMENOU KERRY KEARNS KEY BANK OF ALASKA
1515 BARANOF ST PO BOX 8256 PO BOX 22055
KODIAK, AK 99615 KODIAK, AK 99615 ALBANY, NY 12201
STEVEN KIM SUNG KIM CHARLES KING III
P.O. BOX 769 P.O. BOX 769 PO BOX 1573
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
KODIAK CONVENTION CENTER, LLC KODIAK INN HOLDINGS, LLC KODIAK ISL HSG AUTHORITY
236 W. REZANOF DR 236 W. REZANOF DR 3137 MILL BAY RD
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
KODIAK ISLAND BOROUGH MICHELLE JOHNSON KODIAK MARINE SUPPLY INC
710 MILL BAY RD 410 SHELIKOF ST PO BOX 99098
KODIAK, AK 99615 KODIAK, AK 99615 SEATTLE, WA 98199
KODIAK OIL SALES INC KODIAK PLAZA 1 INC KODIAK REAL EST.& INVEST. INC.
PO BOX 240108 ATTN: JIM DAVIS 202 CENTER AVE 4101
ANCHORAGE, AK 99524 P 0 BOX 2042 KODIAK, AK 99615
KODIAK, AK 99615
KODIAK RENTAL CENTER, LLC JAMES KOOB THOMAS KOUREMETIS
PO BOX 2531 PO BOX 879702 PO BOX 1392
KODIAK, AK 99615 WASILLA, AK 99687 KODIAK, AK 99615
ALEXUS KWACHKA ROBERT LACHOWSKY GABRIELLE LEDOUX
326 COPE ST 315 COPE ST 8859 CROSS POINTE LOOP
KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99504
GEORGE LEE JOSHUA LEWIS MARTIN LYDICK
171 OTTER AVE 1120 HUFFMAN RD STE 24 -466 PO BOX 3243
KODIAK, AK 99615 ANCHORAGE, AK 99515 KODIAK, AK 99615
CHRISTINA LYNCH DIANA MACDONELL LAWRENCE MALLOY ETAL
11175 LAKE ORBIN DR PO BOX 2730 315 MILL BAY RD
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
JACK MANN GERALD MARKHAM CLARENCE J MCCLAREN
P.O. BOX 245 211 MILL BAY RD 37895 STERLING HWY
KODIAK, AK 99615 KODIAK, AK 99615 ANCHOR POINT, AK 99556
MCDONALDS REAL ESTATE CO THOMAS MERRIMAN MK ENTERPRISES, LLC
PO BOX 66207 P.O. BOX 1155 PO BOX 2338
AMF, O'HARE KODIAK, AK 99615 KODIAK, AK 99615
CHICAGO, IL 60666
LANA MONTEIRO JEREMIAH MYERS NATIVES OF KODIAK INC
PO BOX 1072 P.O. BOX 1948 215 MISSION RD STE 201
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
MARYA NAULT MONTE NEDROW LIEF NORMAN TRUST
P 0 BOX 922 PO BOX 8983 P 0 BOX 9046
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
STEPHEN O'BRIEN PATRICIA OLSEN JAMES PEARSON ETAL
315 HIGH AVE P 0 BOX 1014 118 W. HILLCREST ST
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
MARY JANE PEDIANGCO GARY PETERSON POLARIS PROPERTIES, LLC
2265 BEAVER LAKE DR P.O. BOX 1221 PO BOX 1129
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
PETER RAMAGLIA, TRUSTEE RELLA MAE CORP MICHAEL RESOFF
PETER RAMAGLIA, TRUSTEE SHELIKOF LODGE ADMIN OFFICE PO BOX 911
4204 CLYDE WAY 4128 148TH AVE, NE KODIAK, AK 99615
ANACORTES, WA 98221 REDMOND, WA 98052
BART RIPPEY LELAND ROBBINS DIOCESE OF SITKA AND ALASKA
318 CAROLYN ST PO BOX 1426 ORTHODOX CHURCH IN AMERICA INC
KODIAK, AK 99615 KODIAK, AK 99615 PO BOX 210569
ANCHORAGE, AK 99521
BARBARA SALTONSTALL LOWELA C SANTIAGO JANE SAUER
3265 MILL BAY ROAD 216 E REZANOF DR 1436 "0" ST
KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99501
GRETCHEN SAUPE LOUIS SHOLL CECIL SHOLL JR
P.O. BOX 1194 PO BOX 681 PO BOX 681
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
SHOONAQ TRIBE OF KODIAK ALAN SKAW GREGORY SPALINGER
312 W. MARINE WAY P.O. BOX 842 PO BOX 2635
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
MARYA SPRINGHILL NAULT ST HERMANS THEO SEMINARY STATE OF ALASKA /DOT
P.O. BOX 922 414 MISSION RD PO BOX 196900
KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99519
GARY STEVENS THE STRAUT BUILDING, LLC SUNSET DEVELOPMENT CO
P.O. BOX 201 PO BOX 1365 C/O BRECHAN ENTERPRISES
KODIAK, AK 99615 KODIAK, AK 99615 2705 MILL BAY ROAD
KODIAK, AK 99615
523 LETA ST ALLAN THIELEN JOSE H TOSTADO
KODIAK, AK 99615 318 W HILLCREST ST PO BOX 324
KODIAK, AK 99615 KODIAK, AK 99615
TRIDENT SEAF000S CORP TRUE WORLD TRAVEL OF AK LLC RICHARD P TURVEY
5303 SHILSHORE AVE NW 119 YUKON ST 5900 BLUEBELL DR
SEATTLE, WA 98107 KODIAK, AK 99615 ANCHORAGE, AK 99516
ARNOLD TWETEN UNITED STATES OF AMERICA UNITED STATES POSTAL SERVICE
PO BOX 853 USFW /DIVISION OF REALTY 419 LOWER MILL BAY RD
KODIAK, AK 99615 1011 E. TUDOR RD KODIAK, AK 99615
ANCHORAGE, AK 99503
NORMAN URSIN SR CHARLES WALKER ESTATE THOMAS WALTERS
1715 W. NICKERSON ST C/O ARLENE CHERNOFF SKINNER PO BOX 3336
SEATTLE, WA 98119 P 0 BOX 2280 KODIAK, AK 99615
KODIAK, AK 99615
BRENT WATKINS BR' • T WATKI . " AL WELLS FARGO BANK
307 CHILDS DR 307 C '• % ST C/0 THOMSON REUTERS
KODIAK, AK 99615 • ' IAK, AK •' • 5 PO BOX 2609
CARLSBAD, CA 92018
DEWAYNE WILLIAMS ROBERT WILLIAMS CHRISTOPHER WING
415 CAROLYN ST PO BOX 8346 PO BOX 2827
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
PAULYATSIK YUKON NORTH, LLC BARBARA ZIMMERMAN ETAL
P.O. BOX 9016 120 W. REZANOF DR P.O. BOX 1157
KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615
, KODIAK ISLAND BOROUGH
AGENDA STATEMENT
4
an
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 9.D
TITLE: Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing Regarding the
Issuance by the Borough of its Long -Term Care Center Revenue Bonds.
ORIGINATOR: Manager's Office Staff
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: TEFRA Public Notice published in the Kodiak Mirror.
APPROVAL FOR AGENDA: i' J -
SUMMARY STATEMENT:
This TEFRA Public Hearing is for the purpose of considering the issuance by the Borough of its
Long -Term Care Center Revenue Bonds in the principal amount of NTE $20,000,000. The
prinicipal and interest on these bonds is expected to be exempt from federal income tax
pursuant to the Internal Revenue Code of 1986, as amended. These bonds are known as
private activity bonds that allows the LTC facility to be operated by a private entity (Providence).
A TEFRA Public Hearing provides an opportuntity for the public to speak on publically issued
bonds prior to the bonds being issued. This hearing has to be properly noticed 14 days prior to
the hearing and is required to identify the location of the public hearing and the time it will be
heard by the public body
The process is to open the public hearing and identify for the record each of the parties that
chooses to speak. The meeting is to be recorded and closed when all have spoken. No action
by the Assembly is needed as any action occurs later when the bond resolution comes up on
the agenda for an Assembly vote.
RECOMMENDED MOTION: None.
Kodiak Island Borough Page 1 of 1
<< LY at 11.JU u.m. in me autumn Assembly Chambers.
arm
1 to KODIAK ISLAND BOROUGH EMPLOYEE OF THE QUARTER
Dyer -
g at _ ; Maya Da GIS Analyst in the IT Department, is the Kodiak
;; Island Borough Employee of the Quarter for the Fourth Quarter
S enate m :, of the Year 2012. Congratulations Maya!
vocally
f /budget ATTENTION
y men - A message from the Code Enforcement Officer: Snow is here! Residents are reminded that parking in
Force the Borough right-of-ways along the roads makes snow removal difficult and results in narrower travel
y they'll lanes for vehicles. Please help keep the roads clear and safe this winter by parking responsibly.
/ rrnY deci- You may sign -up online at www.kodiakak.us to get an e-mail notification once agendas, packets,
newsletters, or minutes of the Assembly are posted on the web.
4 °` rr <17-,./ p Kodiak Island Borough
p 44 . e .e
I �k
/ If you have any questions about Borough activities, please call the Borough Clerk's Office at
° A. AL:OKA 486 -9310. Additional information is available on the borough's web site at www.kodiakak.us.
NOTICE OF PUBLIC HEARING
$_ PLEASE TAKE NOTICE that the Kodiak Island Borough (the "Borough ") will hold an open and public
t ," hearing on February 7, 2013, at 7:30 p.m., in the Kodiak Island Borough Assembly Chambers, 710 Mill
' Bay Road, Kodiak, Alaska, for the - purpose of considering the issuance by the Borough of its Long -Term
Wake Care Center Revenue Bonds, in the principal amount of not to exceed $20,000,000, the interest on which
s _ is expected to be exempt from federal income tax pursuant to the Internal Revenue Code of 1986, as
amended.
• 4 X
1 � . The proceeds of the bonds will be used by the Borough to finance, design, acquire, construct, and
e quip a long -term care center in the Borough on Borough -owned real property on grounds adjacent to
-' ' the Kodiak Island Medical Center, located at 1821 Chichenof Street, Kodiak, Alaska 99615, to fund a
NE.4,,,,,i reasonably required reserve and a capitalized interest account, and to pay bond issuance costs. The
long -term care center to be built with the bonds will be operated by Providence Health & Services -
% Washington d /b /a Providence Health & Services in Alaska, a Washington non - profit corporation
-- ( "Providence "), and a tax - exempt 501(c)(3) entity under the Internal Revenue Code of 1986, as
s,t
amended.
The public is invited to attend and present written or oral testimony regarding the above - referenced
„ ,}4 bond issue. The hearing shall constitute the public hearing required by. Section 147(f) of the Internal
Revenue Code of 1986, as amended. The hearing officer will be Jerome Selby, Borough Mayor.
Comments will be taken from all members of the public attending the hearing. Written comments may
at f be sent prior to the meeting to Karleton Short, Finance Director, Kodiak Island Borough, 710 Mill Bay
uz'• Road, Kodiak, Alaska 99615.
DATED: January 18, 2013
KODIAK ISLAND BOROUGH
Iler-vit. 44+
"' ' Karleton Short
Finance Director
•
PS r'- , KODIAK ISLAND BOROUGH
;.� AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.A.1
TITLE: Contract No. FY2013 -17 Approval of Professional Services Agreement for
Project Management for the Kodiak High School Addition and Renovation
Project.
ORIGINATOR: Engineering and Facilities Director
FISCAL IMPACT: ® Yes $326,650 or ❑ No Funds Available ® Yes ❑ No
Account Number: 460 -533 452.110 Amount Budgeted: $1,229,249.00
10021.1.B.B
ATTACHMENTS: Contract No. FY2013 -17
APPROVAL FOR AGENDA: 4
SUMMARY STATEMENT:
Kodiak Island Borough code 3.30.020 "Limitation of Manager's Authority" states that a contract
exceeding $25,000 requires Assembly approval.
Kodiak Island Borough solicited proposals to provide Project Management Services for the
Kodiak High School Addition and Renovation in accordance with KIB Code 3.30.070. Five (5)
proposals were received and three (3) firms were invited to make a live presentation. The
proposals and presentations were scored by Staff and Wilson Engineering, Inc. was selected for
negotiations. Staff negotiated scope and price and schedule with Wilson Engineering, Inc.
resulting in the attached contract.
The contract amount is not to exceed $326,650 based on an estimate of hourly rates, number of
hours expected to be worked and reimbursable expenses. The contract submitted for approval
is for the time period through December 31, 2013. Assuming both parties agree, it is Staff's
intention to renew the contract for 2014 and 2015 through completion of the KHS Addition and
Renovation project. There are adequate funds in the budget to perform this scope of work.
Wilson Engineering, Inc. will provide day -to -day management of the project, including
monitoring schedule and budget, Contractor work and coordination of the activities of the
construction team (Contractor, A/E, KIBSD, etc.). They will work in close coordination with
Engineering /Facilities Staff and provide regular project updates to the Assembly. A detailed
scope of work is attached as an exhibit to the contract.
RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No.
FY2013 -17 with Wilson Engineering, Inc. of Juneau, Alaska for Project Management
Services for the Kodiak High School Addition and Renovation project in an amount not to
exceed $326,650.
Kodiak Island Borough Page 1 of 1
4. Project Budget Based on final Construction Drawings
Cost Category Leg. Grant 12 -017, DR -04 -120, DOR -12 -100 Fund6 of Cons Total Project Budget
1. CM (by consultant) $125,272 $1,103,977 2.00% $1,229,249 < Wilson Engineering
2. Land $0 $0 $0 Contract
3. Site Investigation $0 $0 $0
4. Design Services $ 10,000 $103,829 $6,032,418 10.00% $6,146,247
5. Construction $7,480,000 $3,407,748 $50,574,717 100% $61,462,465
6. Equipment $228,179 $1,624,021 3.01% $1,852,200
7. District Administrative Overhead $ 48,000 $150,275 $4,673,624 7.93% $4,871,899
8. Percent for Art $37,902 $576,723 1.00% $614,625
9. Project Contingency $207,990 $4,094,334 7.00% $4,302,324
Totals $7,538,000 $4,261,195 $68,679,814 130.94% $80,479,009
All Bonds reimbursable funding for project is 70 %.
There are spaces in the building, i.e. doughnut hole, old pool, that will not be
renovated as part of the project.
Professional Services Agreement with
Wilson Engineering, Inc.
for Project Management and Related Services
This AGREEMENT, made and entered into this 8th day of February, 2013 by and between the
KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter
referred to as the "Borough" and Wilson Engineering, Inc., a corporation authorized to do
business in Alaska, with offices located at 175 South Franklin Street, Suite 300, Juneau, AK
99801, hereinafter referred to as thc "Contractor."
WITNESSETH
WHEREAS, the Borough wishes to enter into a contract with an independent contractor
to provide project management and other services for the Kodiak High School Addition and
Renovation project in Kodiak, Alaska; and
WHEREAS, in response to a request for qualifications, Wilson Engineering, Inc.
submitted a proposal asserting it is qualified to perform these services and able to do so in a
timely manner;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
1.0 DEFINITIONS
L1 "Agreement" shall mean this Professional Services Agreement, including:
Exhibit A — Project Manager Scope of Work
Exhibit B — Wilson Engineering, Inc. fee proposal dated January 22, 2013
Exhibit C — Wilson Engineering, Inc. proposal dated October 31, 2012
Exhibit D — Borough's Request for Qualifications dated October 10, 2012
1.2 "Change Order" is an addition to, or reduction of, or other revision approved by
the Borough in thc scope, complexity, character, or duration of the services or
other provisions of this Agreement.
1.3 "Borough" shall all mean the Kodiak Island Borough, Alaska.
1.4 "Contracting Officer" shall mean Borough Manager, and include any successor or
authorized representative.
1.5 "Project" shall mean the Kodiak High School Addition and Renovation in Kodiak,
Page 1 of 10
Alaska, as further described in the Borough's request for qualifications issued
October 10, 2012.
2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This
Agreement shall remain in full force and effect from February 8, 2013 through December
31, 2013.
2.1 Option for Renewal. The Borough and Contractor may agree to renew this
Agreement for additional time periods as agreed by both parties after the
expiration on December 31, 2013. Section 3.0 Fees will be negotiated by the
Borough and Contractor for each renewal period. All other terms and conditions
will still apply.
2.2 Amendments. This Agreement may be amended only in writing and upon
compliance with all applicable statutes, ordinances, and regulations.
3.0 FEES.
3.1 Project management services. For project management services described in 4.0
Scope of Services, the Borough will compensate the Contractor an amount not to
exceed $326,650 for the period from February 8, 2013 through December 31,
2013.
3.2 Hourly billing rates. The following hourly billing rates will apply to the
Contractor's kcy personnel:
Jeff Wilson $150
Bruce Walter $120 for all hours up to and including fifty (50) in a calendar week
Bruce Walter $135 for all hours exceeding fifty (50) in a calendar week
Mike Greene $125
3.3 Reimbursable expenses.
3.3(a) Housing. Housing expense will be based on a rate of $1,600 plus
applicable markup for taxes. Housing expense will be reimbursed based
on actual cost.
3.3(b) Per Diem. Per diem will be reimbursed at a rate of $35 per employee for
each calendar day that an employee of the Contractor is present in Kodiak.
3.3(c) Air Transportation, office supplies, software, etc. For approved
reimbursable expenses the compensation shall be the expenses incurred by
the Contractor.
3.3(d) Travel. For travel to or from Kodiak for the purposes of work on the
Project, Contractor will be paid eight (8) hours per one -way trip, plus one
Page 2 of 10
day per diem.
3.3(e) Markup. Approved reimbursable expenses will be reimbursed plus ten
percent (10 %) of the expenses incurred.
3.4 Payments. Unless otherwise agreed, paymcnt for services shall be made monthly
based on actual hours worked and reimbursable expenses from the previous
month. Requests from payment will be accompanied by detailed timeshcets,
receipts and other backup as required by the Borough, as well as a detailed project
progress report, showing:
1. Work completed for the period
2. Project schedule status
3. Submittal schedule and status report, including a summary of remaining
and outstanding submittals
4. Request for information and change order reports
5. Tests and inspection reports
6. Status report of nonconforming and rejected work
7. Daily logs
8. Summary of general contractor's Applications for Payment
9. Cumulative total of the Cost of the Work to date, and cash flow and
forccast reports as necessary
4.0 SCOPE OF SERVICES. The Borough and Contractor have agreed upon a scope of
work to provide construction project management as specifically described in Exhibit A,
Scope of Work, Exhibit B, Contractor's Proposal, and Exhibit C, Request for
Qualifications.
This Scope of Services can only be changed in writing pursuant to Section 26.0 of this
Agreement.
5.0 SCHEDULE FOR COMPLETION. Reserved.
6.0 PERSONNEL /ORGANIZATION
6.1 Key Personnel. Work and services provided by the Contractor will be performed
by:
Jeff Wilson
Bruce Walter
Mike Greene
6.2 Changes in Key Personnel. The Contractor shall give the Borough reasonable
advance notice of any necessary substitution or change of key personnel and shall
submit justification therefore in sufficient detail to permit the Borough to evaluate
the impact of such substitution on this Agreement. No substitutions or other
Page 3 of 10
changes shall be made without the written consent of the Borough.
7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required
professional services to complete the project and any additions or changes thereto. The
Contractor accepts the relationship of trust and confidence established between it and the
Borough by this Agreement. The Contractor covenants with the Borough to furnish its
best skill and judgment, and to further the interest of the Borough at all times through
efficient business administration and management. The Contractor shall provide all
services in a competent manner. It is understood that some of the services to be rendered
hereunder required professional judgment and skill. In those cases, the Contractor agrees
to adhere to the standards of the applicable profession.
8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement.
Contractor's failure to meet any such deadlines or required performance may adversely
imperil other contractual obligations of the Borough.
9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times
comply with and observe all applicable federal, state and local laws, ordinances, rules,
regulations, and executive orders, all applicable safety orders, all orders or decrees of
administrative agencies, courts, or other legally constituted authorities having jurisdiction
or authority over the Contractor, the Borough, or the service which may be in effect now
or during performance of the services.
10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the Borough
from and against any claim of, or liability for, negligent acts, errors, and omissions of the
Contractor under this agreement, including attorney fees and costs. The consultant is not
required to indemnify, defend, or hold harmless the Borough for a claim of, or liability
for, the independent negligent acts, errors, and omissions of the Borough. If there is a
claim of, or liability for, a joint negligent act, error, or omission of the Contractor and the
Borough, the indemnification, defense, and hold harmless obligation of the Contractor,
and liability of the parties, shall be apportioned on a comparative fault basis. In this
provision, "Contractor" and "Borough" include the employees, agents, and contractors
who are directly responsible, respectively, to each. In this provision, "independent
negligent acts, errors, and omissions of the Borough" means negligence other than in the
Borough's selection, administration, monitoring, or controlling of the Contractor, or in
approving or accepting the Contractor's work or the Contractor's subcontractors.
11.0 INSURANCE. The Contractor understands that no Borough insurance coverage,
including Workers' Compensation, is extended to the Contractor while completing the
services described in this Agreement.
11.1 The Contractor shall maintain the following policies of insurance with the
specified minimum coverages and limits in force at all times during the performance of
the Contract:
1. Workers' Compensation: As required by AS 23.30.045, for all employees of the
Page 4 of 10
Contractor engaged in work under this Contract. The Contractor shall be
responsible for Workers' Compensation Insurance for any subcontractor who
performs work under this Contract. The coverage shall include:
a. Waiver of subrogation against the Borough;
b. Employer's Liability Protection at $500,000 each accident/each employee
and $500,000 policy limit;
c. United States Longshore and Harbor Workers' Act Endorsement,
whenever the work involves activity over or about navigable water; and
d. Maritime Employer's Liability (Jones Act) Endorsement with a minimum
limit of $1,000,000, whenever the work involves activity from or on a
vessel on navigable water.
2. Commercial General Liability: on an occurrence policy form covering all
operations with combined single limits not less than:
a. $1,000,000 Each Occurrence;
b. $ 1,000,000 Personal injury;
c. $2,000,000 General Aggregate; and
d. $2,000,000 Products - Completed Operations Aggregate.
3. Automobile Liability: covering all vehicles used in Contract work, with combined
single limits not less than $1,000,000 each occurrence.
4. Umbrella Coverage: for Contract amounts over $5,000,000 not less than
$5,000,000 umbrella or excess liability. Umbrella or excess policy shall include
products liability completed operations coverage and may be subject to
$5,000,000 aggregate limits. Further, the umbrella or excess policy shall contain
a clause stating that it takes effect (drops down) in the event the primary limits are
impaired or exhausted.
11.2 These insurance policies and any extension or renewals thereof must contain the
following provisions or endorsements:
a. Borough is an additional insured thereunder as respects liability arising out of
or from the work performed by Contractor of Borough.
b. Borough will be given thirty (30) days prior notice of cancellation or material
alteration of any of the insurance policies specified in the certificate.
c. Insurer waives all rights of subrogation against Borough and its employees or
elected officials.
d. The insurance coverage is primary to any comparable liability insurance
carried by the Borough.
Page 5 of 10
Upon request, Contractor shall permit the Borough to examine any of the insurance
policies specified herein. Any deductibles or exclusions in coverage will be assumed by
the Contractor, for account of, and at the sole risk of the Contractor.
12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation,
performance and enforcement of this Agreement.
13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services
hereunder include full compensation for all work products and other materials produced
by the Contractor and its subcontractors pertaining to this Agreement.
The originals of all material prepared or developed by the Contractor or its employees,
agents, or representatives hereunder, including documents, drawings, designs,
calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples
shall become the property of the Borough when prepared, whether delivered or not, and
shall, together with any materials furnished the Contractor and its employees, agents, or
representatives by the Borough hereunder, be delivered to the Borough upon request and,
upon termination or completion of this Agreement. Materials previously created and
copyrighted by the Contractor included in this project will remain property of the
Contractor. Copies will be made available to the Borough upon request. Materials
purchased from and copyrighted by third parties arc not included in this provision.
14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend,
indemnify, and save the Borough harmless from and against any and all claims, costs,
royalties, damages and expenses of any kind of nature whatsoever (including attorneys'
fccs) which may arise out of or result from or be reasonably incurred in contesting any
claim that the methods, processes, or acts employed by the Contractor or its employees in
connection with the performance of services hereunder infringes or contributes to the
infringement of any letter patent, trademark, or copyright. In case such methods,
processes, or acts are in suit held to constitute infringement and use is enjoined, the
Contractor, within reasonable time and at its own expense, will either secure a suspension
of the injunction by procuring for the Borough a license or othcrwise, or replace such
method, process, etc., with one of equal efficiency.
15.0 NONWAIVER. No failure of the Borough or Contractor to insist upon the strict perfor-
mance by the other of any of the terms of this Agreement or to exercise any right or
remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its
rights to rely upon such terms or rights on any future occasion. Each and every term,
right, or remedy of this Agreement shall continue in full force and effect.
16.0 SAFETY /PERFORMANCE. The Contractor shall perform the work in a safe and
workmanlike manner. The Contractor shall comply with all federal and state statues,
ordinances, orders, rules, and regulations pertaining to the protection of workers and the
public from injury or damage, and shall take all other reasonable precautions to protect
workers and the public from injury or damage.
Page 6 of 10
17.0 SUSPENSION OR TERMINATION.
17.1 Fault Termination or Suspension. This Agreement may be terminated by either
party upon thirty (30) days written notice if the other party fails substantially to
perform in accordance with its terms. If the Borough terminates this Agreement it
will pay thc Contractor a sum equal to the cost of the Contractor's time and
expenses completed prior to the notice of termination that can be substantiated by
the Contractor and the Borough, offset by any amounts owed to the Borough.
However, within the ten (10) day Notice of Intent to terminate the party in default
shall be given an opportunity to present a plan to correct its failure.
17.2 Convenience Suspension or Termination. The Borough may at any time
terminate or suspend this Agreement for any reason including its own needs or
convenience. In the event of a convenience termination or suspension for more
than six (6) months, the Contractor will be compensated for authorized services
and authorized expenditures performed to the date of receipt of written notice of
termination or suspension. No fee or other compensation for the uncompleted
portion of the services will be paid, except for already incurred indirect costs
which the Contractor can establish and which would have been compensated but
because of the termination or suspension would have to be absorbed by the
Contractor without further compensation.
17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension.
Immediately upon receipt of a Notice of Termination or suspension and except as
otherwise directed by the Borough or its Representative, the Contractor shall:
a. stop work performed under this Agreement on the date and to thc extent
specified in the Notice; and
b. transfer title to the Borough (to the extent that title has not already been
transferred) and deliver in the manner, at the times, and to the extent directed
by the Borough's representative, work in progress, completed work, supplies,
and other material produced as a part of, or acquired in respect of the
performance of the work terminated or suspended by the Notice.
18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color,
national origin, or because of age, physical handicap, sex, marital status, change in
marital status, pregnancy, or parenthood when the reasonable demands of the position do
not require distinction on the basis of age, physical handicap, sex, marital status, changes
in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action
required by law to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, religion, national origin, ancestry,
age, or marital status.
19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract
Page 7 of 10
or delegate this Agreement, or any part of it, or any right to any of the money to be paid
under it without written consent of the Contracting Officer.
20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor
in the performance of the work under this Agreement, and shall not be an employee or
agent of the Borough.
21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the
Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall
require their payment by any other persons in the performance of this Agreement.
22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully
govern the services performed by the Contractor. If any tern, condition, or provision of
this Agreement is declared void or unenforceable, or limited in its application or effect,
such event shall not affect any other provisions hereof and all other provisions shall
remain fully enforceable.
23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the
parties as to the services to be rendered by the Contractor. All previous or concurrent
agreements, representations, warranties, promises, and conditions relating to the subject
matter of this Agreement are superseded by this Agreement.
24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall
perform all work in a timely fashion, and in accordance with the schedules included in
this Agreement and Exhibits.
25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if
not otherwise resolved by the parties, shall be in the appropriate Alaska State court in
Anchorage or Kodiak, Alaska.
26.0 CHANGES IN SCOPE OF WORK.
26.1 General. No claim for additional services not specifically provided in this
Agreement will be allowed, nor may the Contractor do any work or furnish any
materials not covered by the Agreement unless the work or material is ordered in
writing by the Contracting Officer.
26.2 Changes in Scope of Work. The Borough or its representative may, at any time,
by a written Change Order delivered to the Contractor, make changes to the scope
of work, or authorize additional work outside the scope of work.
26.3 Compensation to the Contractor. If any Change Order for which compensation is
allowed under this Article causes an increase or decrease in the estimated cost of,
or time required for, the performance of any part of the work under this
Agreement, or if such change otherwise affects other provisions of this
Agreement, an equitable adjustment will be negotiated. Such an adjustment may
Page 8 of 10
be:
a. in the estimated number of hours required to complete the work or;
b. in such other provisions of the Agreement as may be affected, and the
Agreement shall be modified in writing accordingly.
26.4 Any claim by the Contractor for adjustment under this section must be asserted
within fifteen (15) days from thc day of receipt by the Contractor of the
notification of change; provided, however, that the Borough or its representative,
deciding that the facts justify such action, may receive and act upon any such
claim asserted at any time prior to final payment under this Agreement. Failure to
agree to any adjustment shall be a dispute within the meaning of Section 25.0 of
this Agreement.
27.0 LIMITATION OF FUNDS.
27.1 At no time will any provision of this Agreement make the Borough or its
representative liable for payment for performance of work under this Agreement
in excess of the amount that has been appropriated by the Borough Assembly and
obligated for expenditure for purposes of this Agreement.
27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be
considered an authorization to the Contractor to exceed the amount allotted in the
absence of a statement in the change order, or other modification increasing the
amount allotted.
27.3 Nothing in this Section shall affect the right of the Borough under Section 17 to
terminate this Agreement.
28.0 PRIOR WORK. For the purposes of this Agreement, work done at thc request of the
Borough or its representative before execution of this Agreement shall be deemed to be
work done after its execution and shall be subject to all the conditions contained herein.
29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be
sufficient if sent by the parties in the United States mail, postage paid, to the address
noted below:
Kodiak Island Borough Wilson Engineering, Inc.
Attn: Borough Manager Attn: Jeffrey W. Wilson, P.E.
710 Mill Bay Road, Room 125 175 South Franklin Street, Suite 300
Kodiak, Alaska 99615 Juneau, AK 99801
Page 9 of 10
/N WITNESS WHEREOF, the parties have executed this Agreement.
Kodiak Island Borough Wilson Engineering, Inc.
By: Charles E. Cassidy Jr. By: Je rirt . ilson, P.E.
Title: Borough Manager Title: President
Date: Date: 2 // 3
ATTEST:
Nova Javier, CMC
Borough Clerk
(Borough seal)
•
Page 10 of 10
Exhibit A
Project Manager Scope of Work
General Coordination
A. Provide administrative, management, and related services to coordinate scheduled
activities and responsibilities of the Kodiak Island Borough ( "Owner "),
Architect/Engineer ( "A /E "), and Construction Contractor in accordance with the latest
approved schedule, budget, and contract documents for the Kodiak High School Addition
and Renovation ( "Project ").
B. Monitor and update e- Builder wcbsite to ensure all project documents are uploaded for
use by other Construction Team members.
C. Coordinate with the Construction Contractor, Owner and Kodiak Island Borough School
District ( "KIBSD ") to make site accessible for other contract workers to coordinate work
of separate vendors. Administer, inspect, and make recommendations on the work of all
contracts.
Project Control.
A. Monitor the work of the Construction Contractor as required and coordinate such work
with the activities and responsibilities of the Construction Team with a goal to attain
completion of the Project at a cost not to exceed the project construction budget and to
attain Substantial Completion by the date stipulated in the project documents.
B. Monitor the services of the A/E in accordance with the Contract between the A/E and the
Owner without assuming direct responsibility for the work of the A/E, and monitor the
services of all special consultants in accordance with their respective agreements with
Owner without assuming direct responsibility for the work of such consultants reporting
any Contract performance issues to the Owner immediately.
C. Compile on -site organization of personnel and clearly define lines of authority in order to
effectuate the overall plans of the Construction Team.
D. Establish procedures for coordination among the Construction Tcam, Construction
Contractor and consultants with respect to all aspects of the Project, and implement such
procedures.
E. Schedule and conduct progress meetings, weekly at a minimum, at which time the
Owner, A /E, Construction Contractor, and consultants can discuss jointly such matters as
procedures, progress, problems and scheduling. Track action items to ensure completion
by responsible party.
F. Provide regular monitoring of the Project Schedule as construction progresses; identify
potential and actual Construction Contract variances between scheduled and probable
completion dates, review the Construction Contract schedule for work not started or
incomplete and recommend to the Owner and Construction Contractor adjustments in the
Construction Contract schedule to conform with the probable Construction Contract
completion date and provide summary reports to the Owner.
G. Determine the adequacy of the Construction Contractor's personnel and equipment, and
the availability of materials and supplies to meet the Construction Contractor's schedule
in relation to the Project schedule.
H. Monitor Project Status and prepare contingency status reports as requested by the Owner
or monthly at a minimum. Track status of project changes and schedules. Meet bimonthly
Page 1 of5
with Owner to update status. Monitor project schedule, cost issues and contingency
status.
I. Prepare summarized monthly project status reports for distribution to the assembly.
J. Monitor RFI process for timely issue resolution. Coordinate with A/E and Contractor,
directly as necessary to resolve RFI issues and report to Owner.
K. Communicate regularly with Alaska Department of Education and Early Development
(DEED) and ensure compliance with DEED documentation requirements.
Budgets and Cost Control
A. Prepare and update a Project Budget, as necessary for written approval by the Owner
upon completion of each construction phase, such budget to include updating and
reporting of all Project costs including, without limitation, construction, A/E fees,
fixtures, furnishings and equipment, special inspectors, consultants and contractors .
B. Assist with maintaining project cost accounting records in a form as directed by KIB, and
provide regular budget reports to the Owner. e- Builder software system will be used for
all project processes and forms.
Scheduling
A. Develop Owner's critical path Project Schedule ( "Schedule ") for the Owner's approval
that coordinates and integrates the Project Manager's services, the Allis design and
phasing schedule, the work of other consultants and suppliers, and the Owner's activities
with the construction schedule.
B. Review the Contractor's schedule as is reasonably required but at least monthly to
incorporate all activities of the Project, including Owner's activities.
C. Maintain the Project Schedule, provide regular updates to the Owner, and upload the
latest available version of the e- Builder software program.
Construction Planning
A. Advise Owner of any tests and special inspections to be performed, as identified by the
A/E. Assist Owner in selecting testing laboratories and consultants, without assuming
direct responsibility for the work of such laboratories and consultants. Schedule any
required tests and special inspections that are not the responsibility of the Contractor,
based on Contractor input and project schedule, and arrange for delivery of test and
inspection reports to the Owner and Architect.
Furniture, Fixtures and Equipment
A. Consult with the A/E and KIBSD to make recommendations to the Owner on the
acquisition schedule for fixtures, furniture and equipment, and coordinate the Owner's or
Contractor's purchase and installation of such items as may be required to meet the
project budget and the project time schedule.
Moving
A. Coordinate all end user relocations, including without limitation, people, functions,
services, utilities, fixtures, furnishings and equipment, necessary to accomplish the
Project in accordance with the project time schedule.
Page 2 of 5
Change Orders
A. Administer the preparation, review and processing of Change Orders and recommend
necessary or desirable Change Orders for Owner's approval and assist in negotiating
Change Orders prior to submittal of same to the Owner for final approval.
Change Management
A. Manage changes to contract scope, cost, and time. Oversee resolution of all change
proposals with Owner's approval. Keep Owner informed of all issues.
Construction Contractors
A. Administer a procedure provided by Owner for the review, approval and processing of
pay requests by Construction Contractor.
B. Maintain strict oversight of variances in performance of the Construction Contract.
C. Make recommendations in writing to the Owner rcgarding Construction Contract default
or Construction Contract modifications.
Permits
A. Assist the A/E in obtaining all required building permits and special permits for
permanent improvements, which dots not include those permits normally required to be
obtained by the various Construction Contractors, such as permits for inspection,
temporary facilities, etc.
Special Consultants
A. Assist the Owner in selecting and retaining professional services not otherwise described
in this Agreement for the Project, and coordinate these services at the Owner's request in
order to meet the Schedule, without, however, assuming direct responsibility for the work
of these consultants.
Review of Work and Safety
A. Review the work of Construction Contractor for defects and deficiencies in the work and
schedule as specified in the Construction Contract Documents, on a regular and frequent
basis, and prior to any work being covered up which also requires observation by A/E or
applicable authorities prior to being covered up. Onsite Observer will provide daily report
to assist Project Manager in this task.
Document Interpretation
A. The A/E shall be the interpreter of the design intent of the Construction Contract
Documents, subject to the terms and conditions of the agreement between the A/E and
the Owner. However, the Project Manager shall request such interpretations from the A/E
in writing, with Owner consent, from time to time in order to facilitate the Project
Manager's accomplishment of its duties.
Shop Drawings and Submissions
A. In collaboration with the other members of the Construction Team, the Project Manager
shall administer the processing and A/E's approval of shop drawings and other
submissions.
Page 3 of 5
Reports and Project Site Documents
A. The Project Manager shall maintain at the Project site (on e- Builder Enterprise database),
updated records of contracts, drawings, examples, purchases, materials, equipment,
maintenance and operating manuals and instructions, and other construction related
documents, including all changes and revisions; obtain data from Construction Contractor
and maintain a current set of record drawings and project manual.
As - Built Drawings
A. The Project Manager shall monitor the Construction Contractor's production of as -built
construction records and shall monitor the production of final, as -built Record Project
drawings by the A/E for delivery to the Owner as may be required.
Substantial Completion of Work by Construction Contractor
A. Upon notification by Construction Contractor, the appropriate members of the
Construction Team (at a minimum, the Construction Contractor giving such notice, the
A/E or consultant responsible for the design of the Work which is the subject of the
• notice, the Project Manager, and the Owner) shall make a walkthrough inspection in
order to determine whether there is Substantial Completion of said Construction
Contractor's Work. A list of unacceptable items shall be prepared by the Project Manager
and presented to the Construction Contractor for resolution.
Substantial Completion of Project
A. Upon notification by the Project Manager, the appropriate members of the Construction
Team (Owner, Project Manager, Construction Contractor, A/E, etc.) shall make a walk -
through inspection in order to determine whether there is Substantial Completion of all
Construction Contractor's Work. A list of unacceptable items shall be prepared by the
Project Manager and given to the Construction Contractor for resolution.
Punch List Preparation
A. The Project Manager shall determine when area or system is ready to inspect subsequent
to Construction Contractors request for inspection and coordinate preparation of the
punch list. The Project Manager shall interpret contract requirements to determine
suitability of items noted on punch list and participate in punch list process. The Owner
will be advised of punch list status, as it will directly relate to occupancy schedule.
Punch List Resolution
A. The Project Manager coordinates entire punch list process and tracks all punch list items
through to resolution. Documentation will be provided to the Owner showing punch list
resolution. Meetings will be scheduled and facilitated by the Project Manager with
Contractor to resolve punch list issues and solutions to disputed punch list items will be
coordinated.
Start - Up
A. With the Owner's operation's personnel and consultants, if needed, in attendance at a
time and date acceptable to both Parties, the Project Manager shall coordinate and
Page 4 of 5
supervise the inspection of utilities, operations' systems and equipment for readiness, and
assist Owner in start-up and testing of such utilities, systems and equipment by the
appropriate Construction Contractor.
Commissioning
A. Ensure compliance with contract which includes commissioning of all Contractor -
provided equipment and validate Owner equipment when necessary. Arrange and
facilitate commissioning and contract close -out workshops. Coordinate commissioning
efforts for User Groups and Owner provided equipment.
B. Participates in commissioning efforts, including inspections and system start-up reviews.
Final Completion
A. After receiving Owner's consent, the Project Manager shall establish the date of final
completion for the Project and provide written notice to the other members of the
Construction Team that the Project is ready for final inspection and walk- through; secure
and transmit to the Owner, after final walkthrough and final acceptance by the Owner,
required guarantees, affidavits, releases, bonds and waivers; and, after final walk - through
and final acceptance by the Owner, turn over to the Owner all keys, manuals, rccord
drawings and surplus materials and supplies.
B. Facilitate development of contract documents and submittals into Building Information
Modeling (BIM) program.
Warranty
A. The Project Manager shall collect and deliver to the Owner, in hardback binders, all
written warranties or guarantees specified in the Construction Contract Documents, prior
to Final Completion.
Warranty Review
A. The Project Manager shall also perform a thorough warranty review of the Project shortly
before the one year anniversary of the date of Substantial Completion. As a result of this
review, the Project Manager shall prepare a list of items needing correction. The Project
Manager shall submit the list to the Owner as information and to the Construction
Contractor for resolution and then actively pursue resolution of the items on the
corrective action list.
Pages of 5
EXHIBIT B p��
WILSON ENGINEERING INC.
175 South Franklin Street, Suite 300, Juneau, Alaska 99801
(907) 586 -2100, FAX (907) 463-4193, email: jwilson @wileng.net
January 22, 2013
Mr. Woody Koning, Director
Engineering & Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Re: KIB High School Addition & Renovation
Project Management Services
Fee Proposal No. 2R4
Schedule of Work: January 1, 2013 — December 31, 2013 (approximately 52 weeks).
Wilson Engineering will provide Bruce Walter for Project Management of the new Kodiak
Island Borough High School Addition and Renovation. All work will be completed on a
time and material basis, based upon a 50 hour work week. Approved work over 50
hrs /wk (200 hrs /month) will be charged at an overtime rate of 1.125% of the standard
hourly rate. Wilson Engineering will supply and provide for all required computers, cell
phones, cameras, etc. for the Project Manager. KIB will provide office space and
accessory office equipment, copy machines, desks, tables, land line phones, internet
WIFI, etc. Bruce will provide his car for transportation. KIB will provide per diem, R/T
transportation to Juneau, and housing (or an allowance).
The following is a projected time and material cost proposal based upon the
requirements of current plans, specifications, preliminary construction schedule and
discussions with KIB E &F Department Staff. Approved reimbursable expenses will be
billed at cost + 10 %, e.g. — transportation, required supplies, etc. Housing will be billed at
cost + markup for taxes. If additional support services are required or requested over
what is shown below, then the KIB and Wilson Engineering will negotiate additional fees.
1. February 8, 2013 — March 15, 2013 (Juneau]
Bruce Walter: Juneau PM Duties
40 hrs /week x 5 weeks x $120.00 /hr = $ 24,000.00
Project startup, meetings, and reviews
Mike Greene, AIA —12 hrs x $125/hr = $ 1,500.00
Jeff Wilson, P.E. — 32 hrs x $150 /hr = $ 4,800.00
Subtotal $ 30,300.00
2. March 15, 2013 — March 31, 2013 (Relocate to Kodiak)
Relocate to Kodiak, Office startup, PM in Kodiak startup
Bruce Walter— 12 days x 10 hrs x $120.00 /hr = $ 14,400.00
Estimated Transportation costs
Ferry Car /personable effects = $ 1,200.00
Air Transportation = $ 1,000.00
Subtotal $ 16,600.00
3. Project Management and expenses (Kodiakl
April 1, 2013 — December 31, 2013 (37 weeks @ 60 hrs /wk)
Bruce Walter— 37 wks x 50 /hrs /wk x $120.00 /hr = $ 222,000.00
Mike Greene, AIA — 60 hrs x $125/hr = $ 7,500.00
Jeff Wilson, P.E. — 37 wks x 2 hrs /wk x $150 /hr = $ 11,100.00
Subtotal $ 240,600.00
January 22, 2013
Mr. Woody Koning, Director
KIB HS PM Services - Fee Proposal No.2R4
Page 2 of 2
4. Reimbursable Expenses: Actual Cost + reimbursable taxes /10%
Housing Allowance: $2,000 /month x 10 months = $ 20,000.00
Per Diem: $35 /day (March 15 — December 31, 2013) = $ 10,150.00
Air Transportation: 8 flights R/T Kodiak/ Juneau x $1,000 ea. = $ 8,000.00
Office supplies, software, etc., 10 months x $100 /month = $ 1,000.00
Subtotal $ 39,150.00
5. Project Total
Wilson Engineering T &M NTE TOTAL $326,650.00
Sincerely,
Wilson Engineering,
det/
- ey . Wilson, P.E.
President
EXHIBIT C
Request for Qualifications
Professional Services
Kodiak High Sch©oQ Addition
and Renovation
Project Management Services
October 31, 2012
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Kodiak High School Addition
and Renovation
Project Management Services
Table of Contents
A. Letter of Transmittal
B. Firm Qualifications and Experience 1
C. Management Plan 7
D. Proposed Project Team 10
E. Workload and Resources 13
F. Appendix
WILSON ENGINEERING INC.
175 South Franklin Street, Suite 300, Juneau, Alaska 99801, (907) 586-2100, FAX (907) 463-4193, email: jwilson@wileng.net
October 31, 2012
Office of the Borough Manager
Room 125
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Re: Request for Qualifications: Professional Services
Kodiak High School Addition and Renovation
Project Management Services
Submitted by: Wilson Engineering Inc.
175 South Franklin Street, Suite 300
Juneau, Alaska 99801
Phone: (907) 586 -2100
Contact Person: Jeffrey W. Wilson, P.E.
Dear Kodiak Island Borough A/E Review Board,
Wilson Engineering, Inc. is pleased to submit this proposal to provide professional Project
Management Services for the Kodiak High School Addition and Renovation Project.
Wilson Engineering specializes in third party project management, contract administration and
inspection services since 1985 in Juneau, Alaska. Wilson Engineering offers the Kodiak Island
Borough (KIB) a strong construction management team comprised of engineers and architects
with a variety of new school construction and existing school renovation experience. We have
experience with CM /GC projects, AK -DEED funding, School Board and local Assembly
reporting.
In reviewing the 95% Construction Documents and Request for Qualifications (RFQ), we
propose that one highly trained and motivated Project Manager can provide the scope of
services requested in the RFQ. Managing effectively KIB's supplied Administrative Support and
Site Observers, Jensen Yorba Lott Architect Post Design CA Services, and an experienced
Construction Management/General Contractor (CM /CG) will reduce Project Management costs
for KIB Engineering and Facilities (EF) Department while increasing efficiency in managing
projects schedules, budgets, and scope. Our Project Manager can delegate work to Wilson
Engineering staff e.g. — Owner CPM Schedule, FF &E, Commissioning, etc. in Juneau when
additional support is required.
Our proposed Project Manager: Bruce Walter has over 26 years' experience as the Project
Manager, Contract Administrator and Inspector on complex Architectural, Structural, Civil,
Commercial and Industrial projects in Juneau, Southeast Alaska and Hawaii. Supporting Bruce
will be Jeffrey Wilson, P.E. an Alaskan Registered Engineer with over 30 years of Project
Management experience in the construction of large complex facilities in Alaska and Mike
Greene, AIA an Alaskan Registered Architect who has over 25 years of Project Management
experience in Contract Administration of University of Alaska and Juneau School District
facilities.
Request for Qualifications: Professional Services
Kodiak High School Addition and Renovation
Project Management Services
October 31, 2012
Wilson Engineering currently holds all necessary business and professional occupational
licenses to perform project Management Services for the Kodiak High School Addition and
Renovation Project. Our Alaska Business License Number is No. 227034. Our Alaska
Corporation License is No. 772. Wilson Engineering has all required business and professional
insurance for this project.
This proposal is valid for at least 90 days from October 31, 2012. All staff are willing to perform
the services described in the RFQ and will be made available over the life of the contract. As
Principle in Charge for this project, I am fully authorized to represent and bind Wilson
Engineering under contact with KIB.
In summary, we have a proven track record on school building projects. Wilson Engineering
offers our clients an engineering and architectural team that understands the goals of each
project, brings a systematic construction approach, focused on resolving problems in the field,
and delivering a completed project on schedule and within budget. We pride ourselves in our
detailed project documentation, which minimizes disputes and claims. Working closely with the
Design Team, Contractor, KIB Engineering and Facilities Department, KIB School District Staff,
and KIB Project Manager - Woody Koning will ensure the successful completion of this project.
This project is important to our firm, and the team members listed in the proposal. We will work
hard to ensure the KIB gets a quality project, within budget, and on schedule.
Sincerely,
Wilson Engineering, Inc.
Jeffrey W. Wilson, P.E. (Alaska Registration No. CE 6778)
President
We acknowledge the receipt of Addendum No. One and No. Two.
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October 31, 2012 r Il h :I,, h
Request for Qualifications ill > : 1 a Fj, . 1'11. it'll
KHS Addition & Renovation `_ 4•11 «: . Ari 11 o o., "s,Ft-
Project Management Services r.1^` -� zj
Firm Qualifications and Experience:
Wilson Engineering has provided project management, construction administration, inspection
and testing services on over $400,000,000 of architectural, civil and structural engineering
projects in Alaska since 1985. Quality service to our clients was our goal then, and continues to
be today. Our Main office is located in downtown Juneau. Wilson Engineering's staff includes
four engineers, one architect, two Project Managers, and four engineering technician.
Our professional staff understands how to work effectively with all parties to ensure that the
overall project requirements are maintained. The value of our "Third Party" Project
Management is in the enhancement of the project from existing experience and expertise. We
will always advocate for the Owner over the design team and Contractor to ensure the best
project is constructed within the budget and schedule constraints. We will ensure that there is
always good communication between the KIB, KIB School District, the Design Team and the
Contractor. We use a team approach with the Contractor to ensure that his contractual
obligations are completed without sacrificing quality. Our project documentation is detailed and
thorough. We understand how to set up special inspections, daily site inspections and testing.
Our services are cost effective, timely, and professional.
Juneau, Alaska is a very competitive town for Project Management on Architectural and Public
Works projects. Since 1985, Wilson Engineering has focused on client satisfaction, working
with the client to make sure their ideas are heard and their needs are met. We are very
sensitive to the project budget and schedule. These professional efforts have allowed us to be
the primary Project Managers in Juneau and Southeast Alaska on large building projects.
The variety of projects, e.g. - school construction; hospitals; commercial buildings; sewer, water,
and storm sewer systems; roadway reconstruction; airport taxiway and runway projects; parking
garages; fish hatcheries; reservoirs; pump stations; subdivisions; seawalks and docks has
provided our Project Management and Inspection staff with construction diversity, unique
problem solving skills, and the ability to successfully deal with changed conditions in the field.
Our long -term experience in Southeast Alaska has given us a solid background in local weather
patterns, construction methods in wet weather, winter construction techniques, specialized
building codes and Standard Specifications. We have over 27 years of experience with local
and in -state design teams and Contractors and can lead the CM /GC delivery approach. We
have direct experience working with projects that have multiple funding sources. We have
assisted Owners with green design, LEED certification, DEED documentation, value
engineering, furnishings (FF &E), equipment, data, security, telecommunications systems,
maintenance staff training, start-up, and commissioning. Importantly, we understand the need
for a secure facility that provides a comfortable learning environment for the students and
faculty.
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
The project resumes that follow, detail recent building projects we have completed that verify
the level of project management, construction administration and inspection experience we
bring to this project.
• Auke Bay Elementary School Renovation, Juneau, Alaska 2012: We are assisting the City and
Borough of Juneau with Contract Administration and Special Inspection
: , icl- ---- services on their 3 Phase, $16,844,000 renovation of the existing Auke
Lie :sr, �p M , Bay Elementary School, a 50,525 sf 2 -story structure. Work includes,
rip
, \•,v demo, abatement, new structural steel and timber framing, and all new
i. :.•� °1 - • l -- HVAC, electrical, data sprinkler /fire alarms, and complete renovation of
� " ! Fi - the building. The school will be fully occupied by students during
- . `� 1V. - - construction. The three phase project shall be completed by August 30,
2013. Contact: Richard Ritter, CBJ Chief Architect, (907) 586 -0497.
• USFS Pacific Northwest Research Station in Juneau, -
Alaska 2012: We are currently working for the USFS as a ' ��- -C-- `
Project Coordinator and Project Manager on their $10 '-__ r
million dollar, 11,400 square foot research laboratory / tvia u' I 1 I
office building project next to the UAS campus overlooking -I® f1 _ �, 1 ; 11 r
Auke Lake. Responsibilities included working with the — --
local USFS staff on the development of programming
documentation for each of the new rooms and spaces and coordinating with the end -user group and
the USFS design team on design issues and decisions. We have conducted a series of document
reviews of the contract documents for conformance to the project program and the Owner's
Statement of Work documents. The reviews also looked at the design for errors and omissions, and
at the materials selection for issues relating to constructability, durability and affordability.
Scheduled completion: January 2013. Contact: Howard Cotner, Architect USFS - R6 Design Team.
• AWARE Extended Stay Shelter project, Juneau, Alaska 2012: We are currently providing Project
Management of the new AWARE Phase I Extended Stay Shelter; total project budget is $4.0 million
for the construction of six apartment units adjacent to the existing women's shelter. This project is
a CM /CG project. We are providing Project Management and have worked with the owner to bring
on -board both the Design Team (Northwind Architects) and Contractor (Dawson Construction). The
project schedule is driven by availability of funding, with construction scheduled to begin in summer
2013. We have worked the advantages of the Construction Manager /General Contractor (CM /GC)
approach to the design and construction of this project. Contact: Saralyn Tabachnick, Executive
Director, (907) 586 -6623.
• AICS Clinic in Wrangell, Alaska 2012: We provided Project Management for Alaska Island
Community Services of their new $6 million dollar, 9,380 square foot medical clinic and office
building project. We provided quality control/ inspection services during twice monthly site visits. In
. addition to this work, we coordinated directly with the Owner's design team and the project's
General Contractor to monitor and clarify numerous changes in the scope of work, in an effort to
minimize associated claims, resulting from lengthy delays created by neither the Owner or by the
General Contractor. Final Completion: November 2012. Contact: Steve Helgeson, AICS Facilities
Manager, (907) 305 -0462.
Page 2
Kodiak Island Borough Wilson Engineering Inc.
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
• Dimond Park Aquatic Center, Juneau, Alaska 2012: We provided Contract Administration and
Inspection services for the City and Borough of Juneau on their new $22 million dollar, 34,000
square foot pool project located in the Mendenhall Valley. We provided peer review and document
review services during the design phase of the project, and then assisted the City's on -site Project
Manager by providing Contract Administration and quality control / inspection services during the
construction phase of the project. We also coordinated with the Owner and the General Contractor
on scheduling site visits and inspections by the design team and special inspections as required by
the UBC as the work progressed. We provided pre - installation meetings and weekly progress
meetings. Final Completion: May 2012. Contact: Richard Ritter, CBJ Chief Architect, (907) 586 -0497.
• Thunder Mountain High School, Juneau, Alaska 2009: We '\ #
provided the City and Borough of Juneau Contract
Administration and quality control / inspection services during
the construction phase of the $56 million dollar, 166,400 �.
square foot high school in the Mendenhall Valley. In addition , \ `d
daily inspections of all work in progress, Mike ` 1
g Y P P g f - �,i
to conducting �- (erg
Greene coordinated with the Owner, the Owner's design team . • -.
and with the General Contractor on issues which required , ja ' " �tr t iye , a y. '- - -
q i , `' � I
may
additional attention, revision and /or clarification. Mike also . aik---Gt.t _
coordinated with the Owner and the General Contractor on
scheduling site visits and inspections by the design team and special inspections as required by the
UBC as the work progressed. Final Completion: October 2009. Contact: Richard Ritter, CBJ Chief
Architect, (907) 586 -0497.
• Bartlett Regional Hospital Medical Surgical East Wing Renovation, Juneau, Alaska 2011: Bruce
Walter performed Project Management for the BRH Medical East Wing Surgery renovation project.
The $3.7 million dollar renovation includes the new 5,800 SF expansion of the Medical Surgical
Patient Rooms, Bariatric Suites, Conference Rooms and a new Pathology Lab with Lab Managers
office. The project scope included abatement, demolition, and renovation of architectural,
structural, mechanical and electrical components of the building. Bruce's responsibilities on this
Design Bid Build project include working directly with CBJ Engineering, BRH Facilities Management
and Design Team Jensen Yorba Lott on all aspects of the Project. Bruce's experience and knowledge
of Infection Control Risk Assortment standards (ICRA) provide the Owner the assurance needed to
maintain a safe environment for staff, patients and general public. Final Completion: August 2011.
Contract: Marc Walker BRH Facilities Director, (907) 796 -8890.
• Harborview Elementary School Renovation, Juneau, Alaska 2009:
Wilson Engineering provided Project Management, contract
administration and special inspections for this four phase
$18,200,000 school renovation project. The substantial renovation — Y
of the three story school included abatement, demolition, site civil, . -
new electrical, HVAC, data, security, concrete, steel framing, new =. ®�R�'. i
�-is
®it IS
finishes, roof, kitchen and furnishings, fixtures and equipment. '1 ` • - 11 4 4 45%
Wilson Engineering provided project coordination with the Juneau • - '
School District on schedule and budget. Project Completion: December 2009. Contact: Richard
Ritter, CBJ Chief Architect, (907) 586 -0497.
Page 3
Kodiak Island Borough Wilson Engineering Inc.
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
• Runway Safety Area Improvements, Phase I, Juneau, Alaska 2012: —
Wilson Engineering teamed with PND Engineers to provide project —
management, contract administration, inspections and materials testing y4„
for Juneau International Airport Runway Safety Area Improvements , — "
Project. The approximately 800,000 CY of material generated from the „ rz -
dredging process was used as embankment for the Runway Safety Areas
next to the existing runway, an extension of the existing taxiway and :
`)/Sa
construction of two future development areas. Construction included + _c
the installation of a 4.6 acre Ground Loop Horizontal Piping loop field for the geothermal heating
system and a 16'x50' prefabricated steel. Two half -arch aluminum plate culverts, each exceeding
100 If, were installed for the construction of the Runway Safety Area over Jordan Creek. Final
Completion August 2012. Construction Budget: $34 million. In August 2012, Wilson Engineering was
hired to provide Project Management on Phase IIA of the current RSA project. Construction budget
$14,800,000. Project Completion: September 2013. Contact: Jeannie Johnson, CBI Airport
Manager, 789 -7821.
• Downtown Transportation Center, Juneau, Alaska 2010- The project consisted of two contracts;
Downtown Parking Garage and Transit Center ($14,800,000) and Main
Street Reconstruction ($1,800,000). The downtown parking garage is a
' 1` ` ay °; four- level, post- tensioned concrete structure with 200 stalls. The site of •
• - yR "h; the garage necessitated a dramatic removal of over 20,000 cubic yards of
rock in the heart of the city. The site work was completed over the winter
• • ` k ? 002 of 2008 -2009 using urban blasting techniques never previously
K implemented in Alaska. The transit center included heated, enclosed
waiting area with a food and drink vendor, public restrooms, police substation, driver break room
with lockers, restrooms and kitchen. The Main Street project focused on pedestrian enhancements
and improved traffic flow. Wilson Engineering provided project management, contract
administration, and inspection services for the City and Borough of Juneau. Final Completion: July
2010. Contract: Mr. Skye Stekoll, CBJ Project Manager, 586 -0887.
• Consolidated Public Works Facility, Streets Wing Addition Phase III, Juneau, Alaska 2011- This
project consisted of the construction of a new wing connected to the existing Consolidated Public
Works, Phase II Fleet Maintenance and Administration building to house the Street Maintenance
Department. The Streets Wing building is a 5,721 square foot pre- engineered metal building
including additional maintenance bays and support spaces. Wilson Engineering provided project
management, contract administration, and inspection services for the City and Borough of Juneau.
Final Completion: May 2011. Construction Budget: $1,928,000. Contact: Theresa Mores, 586 -0893.
• Consolidated Public Works Facility, Phase II, Juneau, Alaska 2010 - The project constructed a
17,000 square foot Public Works Facility consisting of maintenance bays and administration office
spaces. Work also included relocating and upgrading the existing CBJ fuel system from the
downtown shop. Sitework included clearing, excavating 23,000 CY of peat and organic and
backfilling with 16,000 CY of borrow, and 6,000 CY of shot rock borrow. Wilson Engineering worked
through many design issues, security updates, telecommunications systems and commissioning.
Wilson Engineering provided contract administration, project management and inspection services
for the City and Borough of Juneau. Construction Budget: $5,401,258. Final Completion:
November 2010. Contract: Mr. Richard Ritter, CBJ Chief Architect, 586 -0497, Ms. Theresa Mores,
CBJ Project Manager, 586 -0893,
Page 4
Kodiak Island Borough Wilson Engineering Inc.
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
• Bartlett Regional Hospital 2007 Renovation, Juneau, Alaska 2009: Work scope included replacing
the existing ground floor entrance and emergency room with a new entry addition, complete
renovation of level 2 departments including physical therapy, sleep science blood draw, chemo
infusion, respiratory, cardiac therapy and histology departments. During the phased process, the
renovation also included the 3 floor medical surgical wing, isolation rooms and the pharmacy.
Bruce Walter was the Project Manager for the City and Borough of Juneau, performing construction
administration, quality control and site inspection services for the new $21.4 million dollar
renovation project. In addition to conducting daily inspections of all work in progress, Bruce
coordinated with the Owner, the Owner's design team and with the General Contractor on issues
which required additional attention, revision and /or clarification. Final Completion: July 2009.
Contact: Richard Ritter, CBJ Chief Architect, (907) 586 -0497.
• Juneau - Douglas High School Renovation 2003: Wilson Engineering provided Project Management,
contract administration and special inspections for this four -phase renovation of the existing high
school building while occupied. The renovation included asbestos abatement of the floors, ceiling,
wall and piping; demolition of the existing concrete building to allow for construction of new space;
construction of new concrete walls for seismic upgrades, construction of a new two -story Atrium
and Administration offices area through the middle portion of the building; renovation of all
classrooms and corridors that includes flooring, ceiling, painting, casework, data and communication
and power; installation of new Building Automation System (BAS); Mechanical work included
upgrades to sprinkler system, domestic water system, sanitary waste and vent, heating system, air -
handling units and ventilation system; Electrical work included major renovation to power and
lighting fixtures, and complete new fire alarm and data /communication system. Final completion:
December 2003. Construction Budget: $18.5 million. Contact: Catherine Fritz, AIA, (907) 586 -0452.
• Bartlett Regional Hospital Addition, Juneau, Alaska 2005: Wilson Engineering provided site civil,
special inspections, structural observations and contract administration for Bartlett Regional
Hospital Addition project. Construction consisted of a reinforced concrete and structural steel,
three - story, 56,500sf addition to the existing hospital and 2,000sf expansion of the physical plant.
Construction Budget: $25.2 million. Final Completion: August 2005. Contact: Marc Walker BRH
Facilities Director, (907) 796 -8890.
• Steamship Wharf and Marine Park - - r,4-. " . 'r
Improvements, Phase 1 2003: This schedule „' , 3' 4W4--- "a- i :s: s .. •
sensitive project was completed over the * 4 , "
- •� +:
winter of 2002 with the Steamship Wharf a r c iwr si = `
required to be functional for cruise ship traffic y i `' t A ,° ,u. fi' T" y ,
by early May, 2003. Structural components of / k sr `� . ' 1�q'
the project involved installing 84 steel piles "` :.,� ' n `'
placement of re -cast concrete deck anels — f' -1
construction of a concrete bulkhead wall and - t. ± ,7 >`;,
various other structural concrete walls, . Lc,. .. ^,., i
i nstallation of expanded polystyrene foam , b • ' , 4 ` -
backfill, and expansion of the existing timber ,,' _, _ -� A. ` --
deck system. Wilson Engineering provided 7 "" _ _ O a¢La�R.b , ` . a
project management of planning and design
and provided CA and Inspection of the construction. Construction Cost: $5,420,450. Final
Completion: May 2003. Contact: Rorie Watt, CBJ Engineering Director, 586 -0877.
Page 5
Kodiak Island Borough Wilson Enginee.ing Inc
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
The majority of projects that Wilson Engineering works on for the City and Borough of Juneau
have multiple funding sources. We are experienced with secondary public school renovations,
additions, and phased construction projects. There are ten "brick and mortar" K -12 schools in
Juneau, e.g. - 6 Elementary Schools, 2 Middle Schools, and 2 high Schools. Since 1985 Wilson
Engineering has provided project management/contract administration, inspection and testing
on 3 new schools in Juneau and 5 renovated schools in Juneau, all using DEED /local GO bond
funding. In addition, we have provided contract administration on one new pool and renovation
on one existing pool, both with DEED /GO Bond funding. Bruce understands the need for
tracking funds and accounting for monies spent on the project by different funding agencies.
In addition to Juneau School District projects, Wilson Engineering has provided project
management/contract administration, inspection and testing for the University of Alaska —
Southeast, Juneau, Alaska on the UAF School of Fisheries Building, UAS Joint Use Facility,
Gym and Commons, Bill Egan Classroom Wing, and Bill Egan Library. Wilson Engineering also
assisted NOAA with contract administration, inspection and testing on the NOAA Ted Stevens
Marine Research Institute project located at Lena Point in Juneau, Alaska. The Marine
Research Facility is a 63,560sf 2 -story building with basement and rooftop penthouse.
Construction Budget: $51.4 million.
We understand the working relationship and need for open communication with School Boards,
Principals, school maintenance staff, student body, and School Site Councils. We are familiar
with DEED Capitol Project Administration requirements, reporting, and applications for payment.
We understand the Design /Bid /Build, Design /Build, and CM /GC based projects. CM /GC is a
modified Design Build process in which the Owner holds the contract for both the Design
Consultant and the Contractor. This puts the Owner in charge of project decisions and keeps
the cost savings with the owner. The chief benefits of this process are speed of delivery,
reduced risk, and flexibility.
We are ready to manage the project for KIB under this approach. We will assist KIB with
procurement of the CM /CG team, keep open communications with KIB, design team and
CM /CG so that project planning and design efforts are up to date, and importantly, with the use
of CPM Schedules and Schedule of Values, keep the project on time and within budget.
Student and staff safety in a fully occupied school facility is our number one concern. No aspect
of safety will be overlooked. The Contractor's safety plan will address the Alaska DEED safety
standards at all times. Our project management plan will include review and oversight of the
schools life safety plans and systems. Safe egress for staff and students will be maintained at
all times. The facility's life safety infrastructure will be monitored and remain functional during all
phases of construction. Before the start of any work or phase, meetings will be held in the
owners presence to address safety plans, egress, fire watch, and staff concerns.
We have PM experience on the following renovations of working schools in Juneau and
understand how to set up and manage sucessful safety plans:
Juneau - Douglas High School, Glacier Valley Elementary School, Harborview Elementrary
School, and Auke Bay Elementary School.
Page 6
Kodiak Island Borough Wilson Engioeering Inc.
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
Wilson Engineering owns all necessary project management, testing and inspection equipment,
including Office PC's, lap tops, iPhones, project management software, AutoCAD 2012, field
office trailers, surveying instruments, temperature recording devices, video, cameras, and three
Seaman C -300 nuclear densometers to verify Soil /AC densities. Concrete test equipment
includes concrete air meters, Schmidt concrete rebound test hammers and slump cones. We
use bolt torque wrenches and our Skidmore - Wilhelm Bolt Tension Calibrators to verify bolt
tension. We own welding helmets, gauges, calipers, grinders, liquid dye penetrantes, etc. for
checking welded connections. We own paint thickness gages. We have all required test
equipment for measureing spray - applied fire proofing, density tests and adhesion tests per
AWCI and ASTM E605 and ASTM E736.
II. Management Plan:
Wilson Engineering believes that this project's phasing requirements provide a unique
opportunity for the project management to be accomplished by a single, highly experienced and
motivated individual, e.g. — Bruce Walter. Typically a $80 Million Dollar project would require a
management team of at least two full time, experienced individuals. The anticipated phasing
schedule will reduce the PM onsite staffing requirements because of KIB /JYL's plan to complete
the new multi -story facility first and phase into it. This unique phasing concept dramatically
reduces the management costs to one full time onsite project manager. Our proposed method
for providing additional project management from Juneau to support Bruce reduces the costs
even further because this resource will work from Juneau on an "as needed" basis.
Our proposed project manager, Bruce Walter, will have the primary responsibility for overall
project management for the KIB High School. Before his work with Wilson Engineering in 2005,
Bruce had 27 years of experience as the project manager and senor estimator for a design -build
contractor with sales in excess of $50 million dollars a year. Bruce understands construction
management from both the Contractor's and Owner's "point of view" and has developed his
skills with Wilson Engineering to provide highly effective and very successful PM methods.
Mike Greene, AIA, will provide periodic project assistance from our Juneau office. Mike will
provide assistance with developing the Owners CPM schedule. As the Facilities Project
Manager for the University of Alaska Juneau for over 16 years, Mike has "hands on experience"
with educational FF &E requirements, budgets, procurement, and value engineering of
equipment. Mike brings to the project years of PM experience on complex school projects and
will be available as a valuable resource to assist Bruce with any aspect of the project
management as needed.
Jeffrey Wilson, P.E. will be responsible for coordinating all contract requirements and be the
Principal in Charge. Jeffrey Wilson's engineering background is building structural systems.
Jeff has 34 years of Project Management, Contract Administration, QC /QA Inspections, Special
Inspections, and testing of Southeast regional construction work. Jeff knows building codes,
details and understands complicated structural design, architectural, mechanical and electrical
design. Jeff can assist Bruce with the Contractor's safety plan, quality control plan, and SWPPP
plans. Jeff will be available to set up and coordinate site inspections, testing, fabrication shop
special inspections and local KIB Building Department required special inspections with Bruce.
Page 7
Kodiak Island Borough Wilson Engineering Inc.
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
Organizational Chart
Kodiak Island Borough
NE Design Team Bruce Walter (PM) Contractor
Jeffrey Wilson, P.L.
Mike Greene, AIA
KIB Onsite Observers
KIB Administration Assistant
Project Manager Goals
On Site Observer Project Manager _
Observe the work of all contracts Bruce Walter
Review work for defects frequently and before cover ups
Record daily project progress, submit reports General Coordination
Monitor daily log of all construction activities Meeting minutes
Monitoring contractor and A/E Record drawings CPM Scheduling
Recommendations for cost reductions
Prepare CMP for owner's long lead items
Bruce, Mike and Jeff have years of Identify & expedite procurement of owner's long lead items
experience working with the design team, Managing the Design Team
e.g. — Jensen Yorba Lott (Architect- Juneau),
Constructon Planning o and Engineers (Structural/Civil-Juneau), Furniture, t Management
m e Equipment
i
g ( ) A/E Project Management
Corvus Design (Landscape- Juneau), PDC Oversee A/E & special consultant services
Inc. Engineers (Mech /Elec— Anchorage), We Moving and planning for phase completions
have developed an excellent working Construction Phase Services
relationship with both JYL, PN &D, and Project control
Corvus Design. Cost control
Change management
With Construction Documents at 95 %, Bruce Other managed work
Will immediately focus on getting familiarized Construction Contractors
With nearly completed construction Implement owner approved pay review process
documents with JYL and PN &D in an effort to Enforce construction contract including retention retainage
Recommendations on contract default or modifications
fast track the CM /GC selection process. Monitor Contractors Wage rates
Early onsite meetings will take place with KIB Assist owner with special consultant services
project manager, AK DEED and the A/E team Request A/E Document interpretation as needed
to establish lines of authority, communication Expidite and track shop drawings and submissions
and establish milestones for project phasing. Reports and project site documents
During the pre- construction phases, Bruce Monitor the development of As -Built drawings
could continue to base out of Juneau, which Substanial completion requirements
would save project PM funds, e.g. — rent, per Assist with punch list preparation
diem, etc. and allow Bruce to work closely Manage punchlist resolution
with the A/E team in Juneau on a T &M basis. Coordinate Startup Testing
Assist A/E With Commissioning
Final Completion requirements
Warranty & Warranty Review
Page 8
Kodiak 'slant/ Borough Wilson Engineering Inc
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
Bruce Walter, as the Project Manager, will work directly with KIB managing the design team's
remaining design process. Bruce will assist KIB in procuring the services of the Contractor
(CM /GC) during the remaining design phase. The Contractor (CM /GC) is selected using a
qualification -based RFP process. Once the CM /GC is selected, Bruce can assist with
negotiations with the Contractor's Maximum Price Proposal and the Contractor's schedule of
values. There could still be two phases to the CM /GC contract. Phase One being the
Construction Management phase. During this phase, the Contractor is providing professional
services like scheduling, planning, and cost estimating in preparation for entering into
construction, but not performing construction. Since the construction documents are around
95% complete, there still will be value in this for KIB on scheduling and framing. In Phase Two,
the CM /GC has the first opportunity to submit a cost proposal and be awarded the construction
contract. If the 'guaranteed maximum price' is acceptable to both parties, KIB would execute a
contract for construction services, and the construction manager becomes the general
contractor. If the parties are unable to reach an agreement on guaranteed maximum price, KIB
would reserve the right to award the contact (negotiation /bid) to another Contractor based on
the A/E contract plans and schedule.
Projects need to be performed and delivered under certain constraints. Traditionally, these
constraints have been listed as "scope," "time," and "cost ". These are also referred to as the
"project management triangle ", where each side represents a constraint. One side of the
triangle cannot be changed without affecting the others. The time constraint refers to the
amount of time available to complete a project. The cost constraint refers to the budgeted
amount available for the project. The scope constraint refers to what must be done to produce
the project's end result. These three constraints are often competing constraints: increased
scope typically means increased time and increased cost, a tight time constraint could mean
increased costs and reduced scope, and a tight budget could mean increased time and reduced
scope. Project management is about providing the tools and techniques that enable the project
team to organize the work to meet these constraints.
Project scope is the first and last task for a successful project manager. Usually, scope
changes occur in the form of "scope creep ". Scope creep is the piling up of small changes that
by themselves are manageable, but in aggregate are significant. You cannot effectively manage
the resources, time and money in a project unless you actively manage the project scope.
When you have the project clearly designed and associated to the schedule and budget, you
can begin to manage the project resources. These include the people, equipment, and material
needed to complete the project. Bruce's primary goal is to manage the project scope.
Wilson Engineering uses scheduling software (MS Projects), Autodesk's Revit BIM software,
schedule of values, and weekly progress meetings to review and track the Contractor's
approved schedule and project budget developed during the CG /CM design phase. Schedule
slippage will be brought to the attention of the Contractor and KIB immediately. The Contractor
could be directed to increase crew size, work weekends, and bring in more subs, etc. to bring
the schedule back in line. We control the budget by controlling the scope of work. If unforeseen
work is required or requested, which increases the project budget, the scope of work must be
reduced in other areas to balance the extra work. This can be a difficult process, but necessary
to control the budget and schedule. There are many methods used to control project schedules
and budgets, but working closely with the owner, A/E team and the CM /GC to develop a
detailed project scope (design) in conjunction with a realistic schedule and budget will be the
best method keep the project on- track, on -time and within budget.
_17 Page 9
Kodiak Island Borough Wilson Engineering Inc.
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
After Contractor selection, a preconstruction meeting will be scheduled. Emphasis will be placed
on the GC /GC's role as defined by the contract documents. Initial submittals such as the
contractors CPM and schedule of project values will be carefully reviewed and incorporated into
the management plan.
As the team leader, Bruce will develop strategies for effective communications between KIB, the
Design Team, and the CM /GC. Bruce will lead weekly progress meetings to sit down with all
parties and review work to date, budgets, submittals, RFI, DCVR, FO, CO, project delays,
deficiencies, etc. We would handle day to day communications through emails and e- builder
project management software. Bruce will update e- builder daily with contract document
changes and new documents: plans, schedules, submittals, catalog cuts, DCVR's, RFI, survey
information, certifications, permits, daily reports, etc. We have experience with web based PM
software, FTP sites, Dropbox, etc. and know how to use them effectively for the project team.
We look forward to using e- Builder, which appears user friendly and gives the team instant
access to the working job files, photos, submittals, etc.
With KIB providing onsite observations and administrative support from local Kodiak resources,
the cost control for project management is optimized. Bruce Walter's PM experience will
effectively manage the KIB support staff to maximize their talents and experience for this
dynamic and exciting project. Bruce will manage the KIB onsite observers, who will be
responsible for monitoring and providing documentation of the construction activities and will
assist with scheduling and monitor special inspections. Daily reports will include the
contractor's work force, material deliveries, current progress of scheduled work, monitoring and
documentation of force account work and key information required for change management.
The observer will also report deficiencies to the PM for appropriate action. Progress and
coordination meetings will be held weekly for effective communication. Budget comparisons and
schedule updates will be reported to KIB on a regular basis.
The KIB administrative assistant will provide Bruce with the valuable resources needed to
effectively manage administrative requirements of the project. Administrative clerical
documentation, recording of meeting minutes and updating information to e- Builder are just a
few of important roles necessary for effective project management. The KIB assistant will
become a valuable part of the project team.
Proposed Project Team:
Bruce Walter, Mike Greene, AIA, and Jeffrey Wilson, P.E. have spent hours reviewing the
contract documents and are fully prepared to fully commit themselves to this project. Jeffrey,
Bruce, and Mike have demonstrated expertise working together as a team in Juneau on
schools, hospitals, lab facilities, health clinics, pools, roofing projects, and building renovations.
The detailed project information discussed earlier in this RFQ and the following resumes
demonstrate our expertise working together as a team on similar projects. Resumes in the
Appendix have listed at least three references for each person proposed.
Bruce has been managing the construction of complex hospital and school projects for many
years. His approach to managing multi- phased fully occupied public facilities has proven
successful time and time again. In addition to the support provided by KIB, from time to time
Bruce will be assisted form our Juneau office by Mike Greene AIA. During certain phases of the
KIB project, it is anticipated that Bruce may need to delegate non critical responsibilities to Mike
in an effort to stay focused on the essential aspects of on -site project management.
Page 1 0
Kodiak Island Borough Wilson Engineering Inc
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
Management Team Goals
• Proactively manage cost, schedule and change for better project outcome rather than rely
on the Contractor to meet contract provisions
• Effectively lead the project team
• Ensure the projects documents are adhered to by the entire project team
• Work closely with the KIB project managers to collaborate in scheduling, budget analysis,
phasing and delivery
• Ensure timely decision making to meet project needs
• Take appropriate action to meet project goals
• Develop strategies for phasing and successful program moves
• Physically walk the site daily to stay current with progress and ensure conformity to the
contract documents in an effort to maintain knowledge of all work in progress at all times.
• Meet daily with the KIB on -site observer to review current and scheduled work progress
• Review and analyze the daily progress reports for accurate documentation
Bruce will develop strategies for cost control. Prepare and maintain the project budget during all
phases of construction. Review contractors pay requests and compare the actual costs to
estimates costs. Reports will be provided to the owner with recommendations for appropriate
action required to maintain the budget.
Bruce Walter and Mike Greene each have over 25 years of commercial and residential
construction experience. Both are familiar with all building types, including LEED certification.
We have experience in the wise selection of building materials, the conservation of water and
energy, and the creation of surroundings that are safe, comfortable and healthy. It may be
smart to consider 'green' construction materials that will improve the environment and save
energy. While this may cost more upfront, the lifetime's savings in energy bills are worth
considering. Bat insulation made out of recycled cotton or a vegetable oil based polyurethane
spray is both free of volatile organic compounds (VOC's) and chlorofluorocarbons (CFC's).
Other 'green' areas to consider include low VOC paints, certified sustainable wood products,
bamboo, tank -less water heaters and water efficient toilets and shower heads. Both Bruce and
Mike have extensive experience in the selection and installation of today's construction
materials, finishes and systems. This includes a working knowledge of the affordability,
durability and suitability of the many products which will need to be integrated into the
completed project. This working knowledge also includes an awareness of product limitations.
Simply put, Bruce knows what building products work well in the maritime Southeast Alaskan
environment, and which ones do not.
Bruce Walter has years of extensive experience in Value Engineering. The Design /Build
approach is synonymous Value Engineering and Build Life Cycle Costs. Value Engineering
(VE) is an effective method for reducing costs while improving quality. Our approach to VE is
not limited to the materials and methods. The benefits of VE must also be extended into the
project specification, contract requirements and the building life cycle costs. Value Engineering
is not just cutting costs but rather comprehensive look at improving performance, reliability,
quality, safety, and life cycle costs. Life Cycle Analysis (LCA) is a key factor in determining the
buildings environmental impact and sustainability. By understanding the impacts of building
products, and analyzing the life expectancy of these products, we can calculate the buildings life
expectancy and its impact to the environment.
Page 11
Kodiak Island Borough wnson Engineering Inc.
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
Mike Greene will assist Bruce and the NE -KIBSD Team with FF &E deliverables. NE and /or
Bruce will inventory existing FF &E that can be re -used. Next a total cost estimate for new FE &E
will be coordinated with the available FE &E budget. The NE and KIBSD will play a very
important part of the FE &E plans, specifications and selection. Mike has extensive experience
in the selection and procurement of furnishings and moveable equipment items. As Project
Manager for the University of Alaska's Banfield Hall, Joint Use Facility and Egan Classroom
Wing projects, Mike was responsible for coordinating with University departments to establish
their furnishing needs, and for integrating the procurement of these items into the overall
construction projects and schedules. Mike worked with the end users in the selection of
furnishings quantities, types, finishes, fabrics and color selections. Mike also worked with
vendors to obtain furnishings samples for review, to obtain quotes, and to monitor their
production and delivery schedules.
Project substantial will require KIB, NE, and the PM to make walkthrough inspections to
determine if the work completed by the Contractor is substantially complete. The Construction
team will generate a punch list of unacceptable items for Contractor resolution. The PM will
review and track the punch list work and remove work from the list as completed. The PM will
work with the Contractor to resolve disputed punch list items. The KIBSD will be advised of
punch list status and occupancy schedule.
Both Mike Greene and Bruce Walter have extensive experience in building commissioning with
commissioning agents, owners and maintenance staff. Bruce will schedule all operations
startup, HVAC balancing, BAS controls, training, testing, O &M Manuals, as- builts, spare parts,
and other deliverables before the building startup and final completion. We will ensure that the
NE team review and approve all O &M Manuals and Contractor as- builts before final completion.
The PM will establish the date of final completion for the project and schedule the final
walkthrough and final acceptance by KIB and KIBSD. All required warranties, guarantees,
releases, bonds, keys, reports and certifications will be turned over to the owner. The PM will
make sure the KIB Building Official has all required inspection and testing reports and that all
KIB Building Department inspections required in the KIB Building Permit are signed off. We will
start early on getting the temporary occupancy permit and the Final Occupancy Permit.
The PM will perform a thorough orie year anniversary warranty inspection of the project and
prepare a list of items needing correction. The PM will actively pursue resolution of the
corrective action list with the Contractor.
Wilson Engineering is looking at future construction projects in Juneau in 2013/2014. Currently
the PM work load at the Bartlett Regional Hospital is dropping off for Bruce Walter, due to new
management (CEO) goals to "tighten the belt" on future hospital projects. We are currently
looking for a new long term commitment for Bruce Walter and believe the Kodiak High School
project would be perfect for Bruce and KIB. We would commit Bruce to this project for the total
project duration. Jeffrey Wilson, P.E. and/or Mike Greene, AIA would be available to relieve
Bruce on the project site for vacations, sick leave, etc. Jeffrey Wilson will stay involved with all
correspondence and documents in Juneau, and would be able to come to Kodiak on short
notice.
Wilson Engineering Inc. has the staff to perform the proposed work in the RFQ proposal in the
proposed timeframe.
P a g e 12
Kodiak Island Borough Wilson Engineering Inc.
Request for Qualifications
KHS Addition & Renovation
Project Management Services
October 31, 2012
Workload and Resources
We are providing project management services on the following projects:
• JNU Runway Safety Area, Phase 2A $14,800,000 runway utilities and paving. Staff: JoAnn
Quigg, P.E., John Hollatz, P.E., Jay Davis, and Wayne Hoyt. Completion schedule:
September 2013.
• Douglas Island Chum and Pink (DIPAC) Site Expansion and Warehouse Facility,
$3,200,000 warehouse facility. Staff: Rich Lyon. Completion schedule: December 2012.
• Bartlett Hospital Roof Replacement, $2,200,000 new roof for the BRH facility. Staff: Bruce
Walter. Bruce is working about <10 hrs /week on punchlist work through Final Compltion:
December 2012. Jeffrey Wilson will take over project closeout and commissioning.
• USFS Pacific Northwest Research Station, $10,000,000 science forestry lab. Staff: Mike
Greene, AIA. Completion schedule: January 2013.
• Wrangell AICS Health Clinic, $6,000,000 medical clinic and office building. Staff: Mike
Greene, AIA. Completion schedule: November 2012.
• Auke Bay Elementary School Renovation, $16,844,000 school renovation. Staff: Mike
Greene (CA) and Rich Lyon (Special Inspections). Completion August 2013.
• Second Street Reconstruction, Douglas, $867,500 street reconstruction with new utilities.
Staff: Nicole Lupro and Paul Jones. Completion date: November 2012.
• Bartlett Regional Hospital Planning, Design and Project Management, Staff: Bruce Walter
and Jeffrey Wilson. Bruce is currently acting as Contract Administrator /Project Manager for
all of Bartlett Hospital's Construction needs. Jeffrey Wilson will assume Bruce Walter's
responsiblities. Initial Contract through December 31, 2002 amd mayu be renewed for two
additional one year terms.
• AWARE Extended Stay Shelter, $4,000,000 CM /GC six apartment units adjacent to the
existing women's shelter. Staff: Mike Greene, Bruce Walter. We are currently working with
both the A/E team and the CM /GC on the 35% design documents. Constuction is expected
to start in the summer of 2013. Mike Greene /Jeff Wilson will provide PM duties if Bruce is
selected for the Kodiak HS project.
Wilson Engineering is currently considering the following Juneau project:
Juneau International Airport Snow Removal Equipment Facility (SREF). Project start date if
FAA funding comes through would be late spring 2013. JoAnn Quigg, P.E. would take the site
civil lead, supported by John Hollatz, P.E. and Mike Greene, AIA would support the CA
services.
Page 13
Kodiak Island Borough Wilson Engineering Inc.
APPENDIX
RESUMES
WILSON ENGINEERING INC.
JEFFREY W. WILSON, P.E.
WILSON ENGINEERING, INC. PRESIDENT- SENIOR ENGINEER
Education: B.S.C.E. - 1979, California State University of Sacramento
Registration: Civil Engineer - Alaska CE 6778 (1985)
Civil Engineer — California No. 37406 (1983)
ICBO Certified Special Inspector: Reinforced Concrete No. 12778 (1984)
IC80 Certified Special Inspector: Structural Steel & Welding No. 12779 (1985)
Nuclear Regulatory Commission Radiation Safety Officer
Affiliations: American Welding Society
American Society of Civil Engineers
CBJ Parks and Recreation Committee (Chair)
CBl Lands Committee
CBl Building Code Board of Appeals
Mr. Wilson has been the principal of Wilson Engineering since 1985. Jeff has been involved with Project
Management, Inspections, Testing, Planning, and Coordination on over $400,000,000 of Juneau and
Southeast Alaska construction projects. Mr. Wilson has over 32 years of engineering and project
management experience in Alaska specializing in civil and architectural projects. His background
includes planning, design, permitting and project management for a variety of public and private clients.
Mr. Wilson's engineering experience has included both project and construction phase engineering
services. Projects have included hospitals, universities, public schools, parking garages, airport
terminals, aquatic facilities, airport taxiway and runway projects; reservoirs; pump stations;
subdivisions; commercial buildings, pile supported docks, retaining walls, sheet piles, large earthworks,
erosion control, sewer, water, and storm sewer systems, roadway reconstruction, bridges, rock
quarries, dredging, and rock blasting controls. This construction diversity brings unique problem solving
skills and the ability to successfully deal with owners, designers, contractors, and public and private
sector agencies. Mr. Wilson has gained long -term experience in Southeast Alaska with local weather
patterns, shipping and scheduling constraints, construction methods and techniques, building codes,
permits, technical specifications, contract documents, cost estimates, and conditions assessments on
several hundred public and private construction projects. A few recent examples of Mr. Wilson's
extensive project management experience include:
DOWNTOWN TRANSPORTATION CENTER - The project
consisted of two contracts; Downtown Parking Garage and .�
" yy
4.4111 Transit Center and Main Street Reconstruction. The(`�,a F 4} ''
downtown parking garage is a four - level, post- tensioned r _ r = `«
concrete structure with 200 stalls. The site of the garage Z' r,r* r `•' q
necessitated a dramatic removal of over 20,000 cubic yards i E 'r'` +t ... i I r e, i 1 r1 r
of rock in the heart of the city. The sitework was »,tom til . - ( � j (((j
completed over the winter of 2008 -2009 using urban li i til - � 1
blasting in P � ng techniques never previously implemented at.. ash'
S
Alaska. The transit c included heated, enclosed �„ ¢� . d , f�
waiting area with a food and drink vendor, public 73 � .` <1i
restrooms, police substation, driver break room with ' ' ,„; - ; d - h e t .. . -
lockers, restrooms and kitchen. The Main Street project n ' -c r tvi
focused on pedestrian enhancements and improved traffic flow. Wilson Engineering provided contract
administration, project management and inspection services for the City and Borough of Juneau.
Contract: Mr. Rorie Watt, Director CB) Engineering, 586 -0877, Mr. Skye Stekoll, CBJ Project Manager,
586 -0887.
CONSOLIDATED PUBLIC WORKS FACILITY, PHASE II - The project constructed a 17,000 square foot
Public Works Facility consisting of maintenance bays and
= administration support spaces. Work also included relocating
and upgrading the existing CBJ fuel system from the downtown
a ,.
"` 4 shop. The structural system was half pre- engineered metal
L EiS , building system and half custom designed steel brace framed
t p 1- - 0 �- system. Sitework included clearing, excavating 23,000 CY of
r.,4 " l- -,,—� P peat and organic and backfilling with 16,000 CY of borrow, and
1 „ ;`` - ? 6,000 CY of shot rock borrow. Building work included utility
'�` 91 ,,x, extensions to the building, and all work associated with
ry '-''. ' ` ti construction of the complete new building. Wilson Engineering
worked through many design issues, security updates,
telecommunications systems and commissioning. Wilson Engineering provided contract administration,
project management and inspection services for the City and Borough of Juneau. Contract: Mr. Richard
Ritter, CBJ Chief Architect, 586 -0497, Ms. Theresa Mores, CBJ Project Manager, 586 -0893.
THUNDER MOUNTAIN HIGH SCHOOL - Wilson Engineering assisted with
the project management, contract administration, and building /special r
inspections for this 166,000 SF, steel framed, two story high school. The r :, "
project included a main gym, auditorium, commons, commercial `
kitchen, library, and classrooms. Structural systems included over 5,800 •" , ` ,a
CY of cast -in -place concrete foundations and slab -on- grade /metal pan - tj _ , - d i tea
deck concrete, steel structure with high strength bolting and moment In 11).
i ( � "w
Hap
�L'ak: twos ,t7
frame welding, metal roof decking, metal wall panels, PVC roof 1 tut ,,ply .--
aluminum entrances and storefronts, glazed aluminum curtain walls ; . r:._ - Ci_____
metal studs, etc. Construction Budget: $66.5 million. Project Engineer:
Jeffrey Wilson P.E., CA /Architectural Inspections: Mike Greene, AIA. Special Inspections: Richard Lyon,
AWS -CWI, Contact: Ms. Catherine Wilkins, CBJ Project Manager, 586 -0888.
Additional Project Experience
Bartlett Hospital Roof Replacement AICS Wrangell Health Clinic
DIPAC Site and Warehouse Bartlett Hospital Medical Surgery East Wing
Consolidated Public Works Facility - Streets Wing USES Science Forestry Lab
Seawalk – Taku Fisheries to Miner's Cove JNU Runway Safety Area Improvements
JNU Airport Terminal Expansion Dimond Park Aquatic Center
Harborview Elementary School Renovation Glacier Valley Elementary School Renovation
UAF School of Fisheries Building NOAA – Ted Stevens Marine Research Institute
References
Rorie Watt, CBJ Engineering Director, 586 -0877
Wayne Jensen, AIA, Jensen Yorba Lott, Inc., 586 -1070
Catherine Fritz, AIA, JNU Airport Planning Architect, 586 -0452
Dick Somerville, P.E., PND Engineers Vice President, 586 -2093
Paul Voelckers, MRV Architects Principle, 586 -1371
BRUCE WALTER
WILSON ENGINEERING, INC. PROJECT MANAGER
Registration: NRC Certified Gauge Operator
ACI Certified Concrete Materials Testing Certification
Mr. Walter started work for Wilson Engineering, Inc. in 2005, as Project Manager and Special Inspector
providing CA Services for the Sitka Schools Roof Replacement. Bruce has served our clients by
providing Project Manager / Contract Administration services, QC /QA and Inspection /testing services.
Recent projects that Bruce has worked on include:
BARTLETT REGIONAL HOSPITAL DESIGN AND CONSTRUCTION ADMINISTRATION
Bruce is currently acting as Contract Administrator /Project Manager for all of Bartlett Hospital's
Construction needs. In an effort to stay abreast of medical technology, BRH is constantly upgrading or
modifying the facilities infrastructure, Patient Care areas and Life Safety Support Systems. As Contract
Administrator, Bruce evaluates the owner's needs and collaborates in the design development for the
various projects. Working closely with BRH facilities director and professional design team of Jensen
Yorba Lott, the scope of work is developed and conveyed to design documents for construction. Acting as
the Project Manager, Bruce oversees these projects from conception to completion. Projects include:
Mental Health Acoustical Upgrades ($350,000), IT Server Room Cooling Units ($250,000), Upgrade
Electrical Requirements for UPS Systems ($100,000), Replace Life Safety Fire Doors ($175,000), Life
Safety Fire Dampers ($50,000), Med Gas Exhaust System ($50,000)
AWARE EXTENDED STAY TRANSITIONAL HOUSING PROJECT
Bruce is currently the Project Manager for the AWARE Extended Stay Shelter Project. This CM /GC
project is being designed by NorthWind Architects and will be constructed by Dawson Construction. As
the Owners Project Manager, Bruce is actively involved in the CM /GC RFP and selection process. The
7000 SF, $4,000,000 facility will be built entirely on steel piles and provide six apartment units (2 -2
bedroom and 4 -one bedroom), administrative offices and a large conference room. On this CM /GC
project, the Project Manager will oversee Design Development, review Construction Cost Estimates,
participate in Value Engineering and provide all aspects of Project Management for the Owner.
BARTLETT REGIONAL HOSPITAL MEDICAL SURGICAL EAST WING RENOVATION
Bruce performed the role of Project Manager for the BRH , .
Medical East Wing Surgery renovation project. The $3.7 ,' 4
million dollar renovation included the new 5,800 SF L i
expansion of the Medical Surgical Patient Rooms, Bariatric
Suites, Conference Rooms and a new Pathology Lab with
Lab Managers office. The project scope included !y 1 'ug.'
�
abatement, demolition, and renovation of architectural, II � 4
structural, mechanical and electrical components of the /�
building. Bruce's responsibilities on this Design Bid Build - j t v " r^
project include working directly with CBJ Engineering, BRH
ye z
Facilities Management and Design Team Jensen Yorba /
Lott on all aspects of the Project. Daily construction / 'g vc
administration activities include contract compliance, daily di
construction observation reports, chair weekly progress meetings, process RFP's, Field Orders, review
pay requests and monitor Quality Control. Bruce's experience and knowledge of Infection Control Risk
Assortment standards (ICRA) provide the Owner the assurance needed to maintain a safe environment
for staff, patients and general public. Contract: Marc Walker BRH Facilities Director, (907) 796 -8890
Bruce is a well versed Project Manager with over 25 years of professional experience in the design,
cost/value engineering, construction and administration of facilities maintenance and new construction
projects. Bruce's experience includes:
2005 - Present Project Manager / Special Inspector, Wilson Engineering
Projects that Bruce has been involved in while working for Wilson Engineering include:
BRH Roof Replacement ($2,200,000) — BRH / City and Borough of Juneau
BRH HVAC Balancing — BRH / City and Borough of Juneau
BRH IT Server Room Cooling Units ($250,000), / City and Borough of Juneau
BRH Flood Damage, Emergency Response Management — BRH / CBJ
BRH Medical Surgical East Wing Renovation ($3,700,000) — BRH / City CBJ
BRH 2007 Renovation ($21,400,000) — BRH / City and Borough of Juneau
BRH 2005 Addition ($25,200,000) — CBJ / City and Borough of Juneau
State Museum Roof and Elevator Replacement ($1,250,000) — DOT / State of Alaska
Harbor View School Renovation ($18,000,000)
JDHS ADA Up- grades ($800,000), JSD / City and Borough of Juneau
JDHS Oil Tank Replacement ($250,000) - JSD / City and Borough of Juneau
Seawalk: Taku Fisheries to Miners Cove ($2,600,000), CBJ Engineering
Sitka Schools Roof Replacement ($3,000,000) — City and Borough of Sitka
Glacier Valley School Playground Up- grades ($250,000) — JSD / CBJ
1998 - 2003 Project Manager / Estimator, Kikiaola Construction Kauai, Hi
1986 - 1998 Chief Estimator/ Project Manager, SteelTech Inc. Hi
1981 - 1985 Project Manager / Foreman, Anderson Krusman, Hi
1978 - 1981 Project Manager / Estimator, Shatser & Gallard, Hi
Prior to working for Wilson Engineering, Bruce spent 27 years working on large construction projects in
Hawaii. Bruce worked 10 years as Project Manager and Chief Estimator for Steel Tech Inc., a Hawaii
based commercial industrial Design Build Contractor. Bruce was the Project Manager for the following
construction projects:
Dining Room addition to Sheraton Moloaki Costco Wholesale Hawaii Kai — Oahu
Dining Room addition to Volcano Hotel - Hilo Costco Wholesale Aiea —
Water Cooling Tower for Submarine Base - P.H. City Mill Lumber — Honolulu
Hawaiian Homes 38 units - West Oahu Simplex Warehouse Complex — Oahu
Sun Noodle Factory - Honolulu Bougainville — Commercial Complex — Oahu
HAM Produce Facility — Honolulu A &B Sugar Mill Hurricane Repairs — Kauai
Newel Industries Metal Facility — West Oahu A &B Hydro Electric - Kauai
Circle Rainbow Air Corp Jet Facility — Honolulu Kalaeloa Generation Plant — West Oahu
Continental Air Inflight Food Facility — Honolulu Sewer Lift Station — Barking Sands AFB
Coca Cola Bottling — Honolulu Syngenta Seed Facility — Kauai
Hilo Self & Mini Storage — Hilo UPS Airport Facility — Kauai
Kihei Self and Freezer Storage — Maui A &B Corp Office Building — Maui
Allerton Botanical Gardens — Kauai Goldern State Foods Warehouse — Oahu
Fantastic Sams — Hilo World Wide Transfer - Oahu
Fantastic Sams - Kauai Granger Pacific Commercial Complex - Oahu
References:
Tony Yorba AIA, Jensen Yorba Lott Architects Ph: 907 -596 -1070
Marc Walker BRH Facilities Director Ph: 907 - 796 -8890
Rorie Watt, CBJ Engineering Director Ph: 907 -586 -0877
MICHAEL GREENE, AIA
WILSON ENGINEERING, INC. PROJECT MANAGER
Education: B.A. Architecture — 1984, University of Idaho,
Registration: Architect - Alaska AEL A 8448
Mr. Greene started work for Wilson Engineering, Inc. in January 2007, and in the following 5 years has
served our clients by providing construction design services, Owner's Representative / Project Manager
Services, Contract Manager Services, Quality Control / Inspector services and Project Coordinator
services. Recent projects that Mike has worked on include:
USFS FOREST SCIENCE LAB Mike is
currently performing the role of Project ,
Coordinator for the US Forest Service on ! _ _ - : ' ''''
their new $10 million dollar, 11,400 square _ •:: • .T 1 "i� t ,
foot research laboratory building / office buildin in % — . f ! ill '}
Juneau. Mike's responsibilities on this : •r N � a I' Y i .-
Design / Build project include working with .:.- i .
the local USFS staff on the development of -IIs P - � I ® � � i E, I ,: 4 r r
programming documentation for each of the — `" - =ta
new rooms and spaces and coordinating `" -' .,., - 0; . "
with the end -user group and the USFS design team on design issues and decisions. Mike has conducted
document reviews of the contract documents for conformance to the project program and the Owner's
Statement of Work documents. These reviews have also looked at the overall project design for errors
and omissions, and at the materials selections for issues relating to constructability, durability and
affordability. Mike will also be assisting the USFS's on -site Contracting Officer during the construction
phase of the project by providing limited on -site quality control / inspection services. Contact: Howard
Cotner, Architect USFS - R6 Design Team, (503) 808 -2949; Amy Lesher, COR PNW Research Station,
(907) 586-7926
Auke Bay Elementary School Renovation, Juneau, Alaska 2012: Mike Greene is assisting the City
- and Borough of Juneau with Contract Administration and site
observation services on their 3 Phase, $16,844,000 renovation of the
Wil1 -" existing Auke Bay Elementary School, a 50,525 sf 2 -story structure.
• � -.�rN„ Work includes, demo, abatement, new structural steel and timber
5J �'*r a - ���7t framing, and all new HVAC, electrical, data, sprinkler /fire alarms, and
zjF'''""c— complete renovation of the building. The school will be fully occupied
z `- 1,7-7 I ill i by students during construction. The three phase project shall be
:Y' n °. `+ " completed by August 30, 2013. Contact: Richard Ritter, CBJ Chief
c, ; , " Architect, (907) 586 -0497.
DIMOND PARK AQUATIC CENTER _,,: " t
Mike served as the Construction Project Assistant for the City and
Borough of Juneau, performing construction administration, quality control -w
and site inspection services for the new $24 million dollar, 34,000 square • r ctz •
foot pool facility located in the Mendenhall Valley. In addition to ,`�`
conducting daily inspections of all work in progress, Mike coordinated with 11,»x, :,e.
the Owner, the Owner's design team and with the General Contractor on '^;,
issues which required additional attention, revision and /or clarification. •.* `.,
Contact: Richard Ritter, CBJ Chief Architect, (907) 586 -0497. _
Mike is a seasoned Project Manager with over 25 years of professional experience in the design,
construction and administration of facilities maintenance and new construction projects. Mike's
experience includes:
2007 - Present Project Manager / Contract Administrator, Wilson Engineering
1990 - 2006 Project Manager, University of Alaska Southeast
Facilities Planning & Construction
1985 - 1989 Architectural Intern, MRV Architects
1983 - 1985 Architectural Intern, Emerich & Associates
Projects that Mike has been involved in while working for Wilson Engineering include:
Dimond Park Aquatic Center — City and Borough of Juneau
Thunder Mountain High School — JSD / City and Borough of Juneau
Harborview Elementary School Renovation — JSD / City and Borough of Juneau
State Office Building Roof Replacement — DOT / State of Alaska
State Office Building 8` Floor Renovation — DOT / State of Alaska
State Museum Roof and Elevator Replacement — DOT / State of Alaska
While working for the University of Alaska Southeast, Mike served as Project Manager for the following
new construction / facility repair - maintenance projects in Southeast Alaska:
Joint Use Facility — UAS Juneau Egan Classroom Wing - UAS Juneau
Banfield Hall — UAS Juneau Marine Core Addition — UAS Juneau
Robertson Bldg Renovation — UAS Ketchikan Noyes Pavilion — UAS Juneau
Paul — Ziegler Bldg Remodel — UAS Ketchikan Gitkov Bldg Renovation — UAS Juneau
Ziegler Bldg Elevator Addition — UAS Ketchikan Hendrickson Bldg Remodel — UAS Juneau
Hamilton Art Lab Addition — UAS Ketchikan Hendrickson Annex Remodel — UAS Juneau
Classroom Addition Ph I — UAS Sitka Welding Lab Addition — UAS Sitka
Classroom Addition Ph II — UAS Sitka Anderson Bldg Covered Entry — UAS Juneau
Classroom Addition Ph III — UAS Sitka Housing Lodge Covered Entry — UAS Juneau
Student Housing Corrective Work — UAS Juneau Fuel Tank Replacements — UAS Juneau
Novatney Bldg Roof Replacement— UAS Juneau Lift Station Installation — UAS Juneau
Whitehead Bldg Roof Replacement— UAS Juneau Campus Oil Water Separator — UAS Juneau
Soboleff Bldg Re -roof - UAS Juneau Upper Parking Lot — UAS Juneau
Hendrickson Bldg Re -Roof — UAS Juneau Totem Pole Base — UAS Ketchikan
Anderson Bldg Roof Replacement — UAS Juneau Exterior Site Lighting — UAS Sitka Accessible
Hamilton Bldg Re -roof— UAS Ketchikan Parking Lot — UAS Juneau
Robertson Bldg Re -Roof — UAS Ketchikan Egan Library Siding Repairs — UAS Juneau
Hangar 332 Roof Replacement — UAS Sitka Marine Core Roof Replacement — UAS Juneau
References:
Wayne Jensen AIA, Jensen Yorba Lott Architects Ph: 907 -596 -1070
Richard Ritter, AIA, Chiel CBJ Engineering Ph: 907 - 586 -0888
Howard Cotner AIA, Architect USFS — R6 Design Team Ph: 503- 808 -2949
Amy Lesher, COR PNW Research Station Ph: 907 -586 -7926
EXHIBIT D
KHS ADDITION & RENOVATION Request for Qualifications
PROJECT MANAGEMENT SERVICES Professional Services
KODIAK HIGH SCHOOL ADDITION AND RENOVATION
PROJECT MANAGEMENT SERVICES
Introduction
Kodiak Island Borough (KIB) Engineering and Facilities Department is soliciting for
proposals to deliver project management services for the preconstruction and
construction phase of the Kodiak 1-ligh School Addition and Renovation Project.
KIB is currently in the design phase of approximately 114,000 sf of new addition and
renovation of approximately 59,000 sf of existing high school facilities.
The scope of this proposal will include the following. Refer to Attachment A
"SCOPE OF SERVICES" for detailed description of work.
1. Review project schedule with Owner, Construction Manager /General
Contractor (Contractor) and AE for consensus.
2. Field verification of existing project conditions.
3. Management of material sampling and testing for code required special
inspections.
4. Management of owner representative during site civil construction.
5. Review of the Coordination & Constructability Review document that was
prepared by others.
6. Reviewing contractors pay estimates.
7. Coordination of project reviews with regulatory agencies as necessary.
"Review daily field reports by others, and conduct additional site
observations as required to maintain a working understanding of the status
of the project at all times. Coordinate for /nal inspections prior to covering
walls and ceilings and at the time of substantial completion and final
completion. Coordinate quality assurance and control reviews with the AE.
and commissioning agent to insure the Owner receives what is being
procured under the terms of the project .
8. Ensuring accurate "As- Constructed" or "As- built" documents are delivered
to the Design Firm(s) from the contractor.
9. Preparation of monthly project status reports including budget and schedule
summaries and details.
10. Issuance of notices on project activities that may impact operations of the
Kodiak Island Borough and School District operations and their facilities.
11. Prepare and process Owner's purchase requisitions.
12. Coordinate all project correspondence and other professional services as
may be necessary to address specific project needs
13. Make recommendations to KIB regarding proposed changes in schedule,
scope or cost of the work.
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KHS ADDITION & RENOVATION Request for Qualifications
PROJECT MANAGEMENT SERVICES Professional Services
The agencies involved in this project include the following:
Kodiak Island Borough (MB): The regional government and the owner of the
school facilities and real property upon which the facilities are built. For the
purposes of this project, the KIB will select and administer project management
services and a construction contractor in accordance with the KIB Code of
Ordinances.
Kodiak Island Borough Engineering and Facilities (EF) Department
The Borough's Engineering and Facilities Department oversees the construction and
maintenance of the KIB facilities and will administer this contract.
Kodiak Island Borough Architectural /Engineering Review Board (ARB)
The (ARB) is a standing advisory board of the KIB that is etnpowered to review all
architectural and engineering proposals and design drawings for Borough owned
buildings and publicly funded projects, evaluate and propose improvements to
specifications and drawings.,
Kodiak Island Borough School District ( KIBSD)
KIBSD operates and maintains school facilities and is responsible for the public
educational program within the boundaries of the KIB as required under State of
Alaska Statutes. KIBSD is additionally responsible for developtnent and preparation
of Education Specifications.
State of Alaska Department of Education and Early Development (DEED).
This project is partially reimbursed by funds provided by the State of Alaska DEED.
The Project Agreement between DEED and the KIB which specifies submittal
requirements, requited approvals and applicable statutes, regulations, standards and
guidelines are part of this project.
II. Community Profile
The Kodiak Island Borough is the general government unit for the archipelago
known as Kodiak. The Borough extends over 180 miles by 70 miles with a total land
area of approximately 5000 square miles and encompasses approximately 200 islands.
In 1989, additional lands were annexed on the Alaska Peninsula from Cape Douglas
to Wide Bay.
Moderate seasons, cloudy skies, and moderately heavy precipitation characterize
climatic conditions at this maritime location. Average yearly rainfall is 70 inches with
an average of 77.5 inches of snowfall. Wind averages 10 knots with gusts as high as
100 knots.
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Kodiak is located in a high seismic risk area. Earthquakes pose a threat to the
cotnmunity's infrastructure, including Kodiak's public school facilities. These
buildings serve to house Kodiak's youth, but also act as community buildings and
evacuation shelters.
III. Funding
The project is funded through voter - approved general obligation bonds and State of
Alaska Legislative Grants. Seventy percent of the bond amount will be reimbursed
by the State of Alaska. The total project budget including design, administration,
construction, and management may not exceed $80,479,009. The project scope may
not be expanded beyond that permitted under AS14.11.100(j).
IV. Qualifications Required
Successful proposers and sub - consultants shall be licensed in the state of Alaska to
perform all aspects of the work proposed. KIB desires a professional project
management team with a proven successful track record. Management experience
specializing in secondary educational facilities and regional experience is preferred.
V. Project Schedule
It is expected that a construction contract will be awarded in the fall of 2012 and the
contractor will break ground in the spring of 2013 and be phased over a two or three
year construction period. Phased scheduling will include provisions for on -going
high school program on the site.
VI. Evaluation & Selection Criteria
The selection of a firm for award of the contract will be made by the KIB's review
committee, which will evaluate, score, and rank the responses to this solicitation.
Responses will be evaluated on the basis of the advantages and disadvantages to KIB
using the criteria set forth below.
Proposal
Highest scoring proposals will be organized in order according to the weighted
sections below:
Firm Qualifications and Experience: Weight 40%
A. Provide detailed information on projects of similar scope executed by your firm
within the past ten years. Include
• Project name and address
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KHS ADDITION & RENOVATION Request for Qualifications
PROJECT MANAGEMENT SERVICES Professional Services
• Contact information of the owner's representative to be contacted regarding
your firms performance (Note that references will be contacted)
• Construction cost plus total value of change orders
• Completion date
• Project description (no more than 100 words)
• Special notes (i.e. sustainability elements, extent of BIM used, extraordinary
challenges, creative design features, etc.)
B. Describe project management team's experience with secondary public school
renovations, additions, and phased construction projects.
C. Discussion of other projects completed that would qualify the firm for this
particular project, such as regional experience.
D. Description of why the firm may be particularly qualified to be selected for this
project.
E. Discussion of the firm's experience in working with educational facility projects
funded by the State of Alaska through the Department of Education and Early
Development program.
Management Plan: Weight 15%
A. Discussion of proposed management plan for this project. Provide a table or
chart that shows organizational structure, chain of supervision, decision
authority, communications, and a summary quality assurance plan.
B. Description of the firm's approach to the project and, at a summary level, the
steps seen as an integral part of successfully guiding the KIB through this
process.
C. Description of the roles of the team members and communication strategy
with both the client and sub - consultants.
D. Description of the approach to this project and how costs are intended to be
controlled during construction as a result of this approach.
Proposed Project Team: Weight 30%
A. Provision of the professional qualifications and experiences of the proposed
project team members. Discussion of demonstrated expertise in working as
a team on recent projects. Use of local expertise is encouraged in order to
minimize project costs.
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PROJECT MANAGEMENT SERVICES Professional Services
B. A response prepared specifically for this proposal is required. Marketing
resumes often include non - relevant information which may detract from the
evaluation of the proposal. Lists of projects are not useful. A focus on the
individuals' specific duties and responsibilities and how project experience is
relevant to the proposed project is preferred.
C. A list of at least three references (contact persons and telephone numbers)
for each person proposed.
Workload and Resources: Weight 10%
Discussion of both current and potential projects the firm is contemplating as
well as the adequacy of staff to perform the proposed work in the proposed
timeframe.
Proposal: Weight 5%
Provide content relevant to this project as described. Note that lengthy
descriptions of vaguely related projects are discouraged. Detailed concise
language is preferred. Active links to online resources are encouraged.
VII. Interviews and Selection
Those firms short listed may be asked to provide a detailed live presentation to the
selection committee in Kodiak at the proposers own expense. Proposers will be
notified in writing of the interview requirements, date, time, location, and amount
of time allowed for an interview /presentation and question and answer period.
The selection process for this RFQ will be "qualifications based" where price is not
an evaluation criterion. There shall be no discussion of price in either the initial
response or in the interview. The proposers will be ranked in numerical order. The
top proposer will be required to submit a detailed fee proposal and task schedule
that will be negotiated with Borough staff. If an agreement cannot be reached to the
satisfaction of the Borough, negotiations with that proposer will cease and the
procedure will be repeated with the next highest rated proposer until an agreement
is reached, which is determined to be in the best interest of the Borough or until the
process is terminated.
VIII. Proposal Format
Proposals should not exceed fifteen pages (8.5x11) double sided and stapled,
exclusive of appendix, cover page, letter of transmittal and table of contents. Bulky
bindings such as three -ring binders are discouraged. Provide ten hard copies plus one
copy in electronic PDF format on a storage device accessible by a standard Windows
based USB port. (Adobe Acrobat Reader version 8.0 or later).
•
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KHS ADDITION & RENOVATION Request for Qualifications
PROJECT MANAGEMENT SERVICES Professional Services
Label proposals "Kodiak High School Addition and Renovation Project
Management Services" and subtnit to:
Office of the Borough Manager
Room 125
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Proposals should be organized according to the following outline:
A. Letter of Transmittal:
A letter of transmittal shall include the following:
A. The proposer's name and address;
B. Statement that indicates the proposal is valid for at least 90 days from
the proposal submission deadline;
C. Statement that indicates the proposer's willingness to perform the
services described in this RFQ;
D. A statement that all staff and other resources which are required to
perform the services described in this RFQ will be made available by
the organization over the Life of the anticipated contract;
E. Statement that the signatory has authority to bind the proposer; and
F. Signature of authorized individual.
B. Proposal Response:
A. Table of Contents
B. Firm Qualifications and Experience
C. Management Plan
D. Proposed Project Team
E. Workload and Resources
IX. Administrative Information
A. Contact Person: Any information required or questions regarding this RFQ
should be addressed to the KIB Engineering and Facilities office:
Woody Koning, Director
Engineering & Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615 -6398
Phone: (907) 486 -9343
Fax: (907) 486 -9347
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B. Deadline for Receipt of Proposals: Proposals may be mailed or hand
delivered, as long as the proposals are physically received by the KIB no later
than 3:00 p.m., local time (AK), October 31, 2012. Faxed proposals are not
acceptable. Proposals received after the above proposal submission deadline will
not be considered and will be returned.
C. Proposers Review and Substantive Ouestions: Proposers should carefully
review this RFQ for errors, questionable or objectionable materials, and items
requiring clarification. Proposers shall put these comments and /or questions in
writing and submit them to jwolfe@kodiakak.us . Please submit questions at least
five (5) days before the due date of proposals. This will allow time for an
addendum to the RFQ to be issued, if required, to all recipients of the initial
RFQ.
D. Addendum to the RFO: KIB reserves the right to issue written addenda to
revise or clarify the RFQ, respond to questions, and /or extend or shorten the
due date of proposals.
E. Cancellation of the RFO: KIB retains the right to cancel the RFQ process if it
is in the KIB's best interest. KIB shall not be responsible for costs incurred by
proposers for proposal preparation.
F. Proposal Withdrawal or Correction: A proposal may be corrected or
withdrawn by a written request received prior to the deadline for receipt of
proposals.
G. Retention of Proposals: All proposals and other material submitted become
the KIB property and may be returned only at the KB's option
H. Cost of Proposal Preparation: Any and all costs incurred by proposers in
preparing and submitting a proposal are the proposer's responsibility and shall
not be charged to KIB or reflected as an expense of the resulting contract.
I. Delivery of Proposals: KIB assumes no responsibility or liability for the
transmission, delay, or delivery of proposals by either public or private carriers.
J. Media Announcements: Any and all media announcements pertaining to this
RFQ require the KIB's prior written approval.
K. Binding Contract: This RFQ does not obligate the KIB or the selected
proposer until a contract is signed and approved by all parties.
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PROJECT MANAGEMENT SERVICES Professional Services
ATTACHEMENT A
SCOPE OF SERVICES
Project tanagement services for the KI-IS Addition and Renovation project will include the
following responsibilities and activities. KIB has adopted e- Builder as its construction
management tool. The successful Proposer will be responsible for acquiring e- Builder
licensing and training as needed at the Proposer's sole expense.
This project is being designed and modeled using BIM technology per AIA E202 Modeling
Protocol Exhibit Document. The successful Proposer will be fluent in BIM modeling at the
level required to administer this contract as approved by the Owner.
PRECONSTRUCTION PHASE SERVICES (COORDINATION, SCHEDULING,
BUDGETING, MANAGING THE DESIGN TEAM AND CONSTRUCTION
PLANNING)
General Coordination
A. Attend regular meetings with other members of the Construction Team during the
preconstruction phase.
B. Provide recommendations to KIB regarding information from the other members
of the Construction Team on construction feasibility; availability of materials and
labor; time requirements for installation and construction; assignment of
responsibilities for safety precautions and programs, temporary Project facilities;
equipment, materials and services for cotnmon use of Construction Contractors;
factors related to cost, including costs of alternative designs or materials, and
possible economies; methods of verification for determining that the requirements
and assignment of responsibilities are included in the proposed Construction
Contract Documents, and any other matters necessary to accomplish the Project in
accordance with the schedule and project budget.
C. Monitor and update a decision tracking system in e- Builder format as acceptable to
Owner.
Scheduling
A. Develop Owner's critical path Project schedule ( "Schedule ") for the other
Construction Team members' review and the Owner's approval that coordinates and
integrates the Project Managers services, the Architect /Engineer's design and
phasing schedule, the work of other consultants and suppliers, and the Owners
activities with the anticipated construction schedule.
B. Update the Schedule as is reasonably required but at least monthly to incorporate an
updated, detailed listing for all activities of the Project, including: required activity
sequences and durations; completion dates, Owner contract document package
review periods; Project building permits acquisition time requirements; Construction
Contract bid dates; processing of shop drawings and samples; a recommended
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PROJECT MANAGEMENT SERVICES Professional Services
schedule for the Owner's purchase of materials and equipment requiring long lead
time procurement, and delivery dates of products requiring long lead titne
procurement; and methods to expedite and coordinate delivery of these purchases.
C. Provide the necessary critical path schedule control with a goal to attain the
Substantial Completion of the Project on or before the date stipulated in the project
documents.
D. Maintain the Project Schedule and upload to the latest available version of the E-
Builder software program..
Budgets
A. Obtain from Owner all Project service, materials and property costs and expenses
not known directly by the Project Manager, such costs to include, without limitation,
Owner's personnel costs, force account labor and special consultants.
B. Prepare and update a Project Budget, as necessary for written approval by the Owner
upon cotpletion of each construction phase, such budget to include updating and
reporting of all Project costs including, without limitation, construction,
Architect /Engineer fees, fixtures, furnishings and equipment, special inspectors,
consultants and contractors and moving /relocation expenses.
C. At the completion of the Construction Contract Documents for any portion of the
Project, update and refine a comparison of actual and projected costs to the Project
Construction Budget and in the event such actual and projected costs exceed the
original Project Construction Budget, develop and implement reasonable strategies
to be approved by the Owner to reduce the costs projected to be incurred during all
phases of the Project.
Construction Planning
A. Identify for and recommend to the Owner the need for purchase of items requiring
extended delivery times ( "long lead items "), and expedite the procurement of such
items to ensure their delivery by the required dates.
B. Make recommendations to the Owner regarding the Construction Managers
proposed division of Construction Contract drawings and Project Manual to
facilitate the bidding and awarding of Construction Contracts, to allow for phased
construction and to take into consideration such factors as time of performance,
availability of labor, overlapping trade jurisdictions, provisions for temporary job
office, lay down /storage, and other facilities as needed.
C. Review the Drawings and the Project Manual with the other members of the
Construction Team to eliminate areas of conflict.
D. Develop Construction Contractor interest in the Project and assist the Owner in
accordance with local and statutory requirements, in taking competitive CM /GC
proposals; schedule pre-bid conference, and after review and analyses of the
proposals with the Owner and Architect/Engineer(s) make a recommendation to the
Owner for contract awards;
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KHS ADDITION & RENOVATION Request for Qualifications
PROJECT MANAGEMENT SERVICES Professional Services
E. Subsequent to the Owner's award of the Construction Contract obtain
information /documents (as described in the Project Manual) from the Construction
Contractor necessary for Owner's execution of the Construction Contract.
F. Advise Owner of any tests and special inspections to be performed, as identified by
the A /E. Assist Owner in selecting testing laboratories and consultants, without
assuming direct responsibility for the work of such laboratories and consultants.
Furniture, Fixtures and Equipment
A. Consult with the A/E and KIBSD (end user) to make recommendations to the
Owner on the acquisition schedule for fixtures, furniture and equipment, and
coordinate the Owner's or Contractor's purchase and installation of such items as
may be required to meet the project budget and the project time schedule.
Project Management
A. Monitor the services of the Architect /Engineer in accordance with the Contract
between the Architect /Engineer and the Owner without assuming direct
responsibility for the work of the Architect /Engineer, and monitor the services of all
special consultants in accordance with their respective agreements with Owner
without assuming direct responsibility for the work of such consultants reporting any
Contract performance issues to the Owner immediately.
Moving
A. Coordinate of all end user relocations, including without limitation, people,
functions, services, utilities, fixtures, furnishings and equipment, necessary to
accomplish the Project in accordance with the project time schedule.
CONSTRUCTION PHASE SERVICES (PROJECT CONTROL, CHANGE
MANAGEMENT, COMMISSIONING, CLOSEOUT)
Project Control.
A. Monitor the work of the Construction Contractor as required and coordinate such
work with the activities and responsibilities of the Construction Team with a goal to
attain completion of the Project at a cost not to exceed the project construction
budget and to attain Substantial Completion by the date stipulated in the project
documents.
B. Compile on -site organization of personnel and clearly defined lines of authority in
order to effectuate the overall plans of the Construction Team.
C. Establish procedures for coordination among the Construction Team, Construction
Contractor and consultants with respect to all aspects of the Project, and implement
such procedures.
D. Schedule and conduct progress meetings, as required, at which time Construction
Contractors, consultants and the Construction Team can discuss jointly such matters
as procedures, progress, problems and scheduling.
E. Provide regular monitoring of the Project Schedule as construction progresses;
identify potential and actual Construction Contract variances between scheduled and
probable completion dates, review the Construction Contract schedule for work not
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PROJECT MANAGEMENT SERVICES Professional Services
started or incomplete and recommend to the Owner and Construction Contractor
adjustments in the Construction Contract schedule to conform with the probable
Construction Contract completion date and provide summary reports to the Owner.
F. Determine the adequacy of the Construction Contractor's personnel and equipment,
and the availability of materials and supplies to meet the Construction Contractor's
schedule in relation to the Project schedule.
G. Monitor Project Status and prepare contingency status reports as requested by the
Owner or monthly at a minimum. Track status of project changes and schedules.
Meet bimonthly with Owner to update status. Monitor project schedule, cost issues
and contingency status.
1-1. Prepare summarized monthly project status reports for distribution to the assembly.
I. Monitor RFI process for timely issue resolution. Coordinate with AE and
contractors, directly as necessary to resolve RFI issues and report to Owner.
Cost Control
A. Develop and monitor an effective system of Project costs control, and provide
regular reports to the other members of the Construction Team; identify variances
between actual and budgeted or estimated costs and advise the other members of the
Construction Team whenever projected costs are exceeded, or could be reasonably
anticipated to exceed, budgets or estimates; revise and refine the initially approved
Project Budget with the assistance of the other members of the Construction Team;
present the revised Project Budget to the Owner for approval; incorporate the
Owner - approved changes; and develop cash flow reports and forecasts, as needed,
and provide same to Owner on a regular basis.
Maintain project cost accounting records in a form as directed by KIB. e- Builder
software system will be used for all project processes and forms
Change Orders
A. Implement a system acceptable to the Owner for the preparation, review and
processing of Change Orders and recommend necessary or desirable Change Orders
to the other members of the Construction Team for review and recommendation
for Owner's approval and assist in negotiating Change Orders prior to submittal of
same to the Owner for final approval.
Change Management
A. Responsible for completing project within budget and schedule. Manage change to
contract scope, cost, and time. Oversee resolution of all change proposals with
Owner's approval. Keep Owner informed of all issues.
Other Managed Work
A. Coordinate with the Contractor, Owner and end user to make site accessible for
other contract workers to coordinate work of separate vendors. Administer, inspect,
and accept the work of all contracts.
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PROJECT MANAGEMENT SERVICES Professional Services
Construction Contractors
A. Implement a written procedure acceptable to the Owner for the review, approval
and processing of pay requests by Construction Contractor.
B. Maintain strict oversight of variances in performance of the Construction Contract.
C. Make recommendations in writing to the Owner regarding Construction Contract
default or Construction Contract modifications.
Wage Rates
A. Monitor compliance with State of Alaska prevailing wage laws and report violations
to the Owner immediately.
Permits
A. Assist the Architect /Engineer in obtaining all required building permits and special
permits for permanent improvements, which does not include those permits
normally required to be obtained by the various Construction Contractors, such as
permits for inspection, temporary facilities, etc.
Special Consultants
A. Assist the Owner in selecting and retaining professional services not otherwise
described in this Agreement for the Project, and coordinate these services at the
Owner's request in order to meet the Schedule, without, however, assuming direct
responsibility for the work of these consultants.
Review of Work and Safety
A. Review the work of Construction Contractor for defects and deficiencies in the work
and schedule as specified in the Construction Contract Documents, on a regular and
frequent basis, and prior to any work being covered up which also requires
observation by Architect /Engineer or applicable authorities prior to being covered
up.
B. Assist the Owner in developing the safety standards to be included in the
Construction Contract. In the event the Project Manager becomes aware of any
violations of safety - related practices and procedures by and of the Construction
Contractor, the Project Manager shall be responsible for advising the Owner of such
violations immediately, but the Project Manager shall not be responsible for
compliance of such safety- related practices by the Construction Contractors.
Document Interpretation
A. The Architect /Engineer shall be the interpreter of the design intent of the
Construction Contract Documents, subject to the terms and conditions of the
agreement between the Architect /Engineer and the Owner. However, the Project
Manager shall request such interpretations from the Architect /Engineer in writing,
with Owner consent, from time to time in order to facilitate the Project Manager's
accomplishment of its duties under this Agreement.
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KM ADDITION & RENOVATION Request for Qualifications
PROJECT MANAGEMENT SERVICES Professional Services
• Shop Drawings and Submissions
A. In collaboration with the other members of the Construction Team, the Project
Manager shall establish and implement procedures for expediting the processing and
Architect /Engineers' approval of shop drawings and other submissions.
Reports and Project Site Documents
A. The Project Manager shall maintain at the Project site (on e- Builder
Enterprisedatabase), updated records of contracts, drawings, examples, purchases,
materials, equipment, maintenance and operating manuals and instructions, and
other construction related documents, including all changes and revisions; obtain
data from Construction Contractor and maintain a current set of record drawings
and project manual.
As -Built Drawings
A. The Project Manager shall monitor the Construction Contractor's production of as-
built construction records and shall monitor the production of final, as -built Record
Project drawings by the Architect /Engineer for delivery to the Owner as may be
required.
Substantial Completion of Work by Construction Contractor
A. Upon notification by Construction Contractor, the appropriate members of the
Construction Team (at a minimum, the Construction Contractor giving such notice,
the Architect /Engineer or consultant responsible for the design of the `York which
is the subject of the notice, the Project Manager, and the Owner) shall make a
walkthrough inspection in order to determine whether there is Substantial
Completion of said Construction Contractor's Work. A list of unacceptable items
shall be prepared by the Project Manager and presented to the Construction
Contractor for resolution.
Substantial Completion of Project
A. Upon notification by the Project Manager, the appropriate members of the
Construction Team (Owner, Project Manager, Construction Contractor,
Architect /Engineer, etc.) shall make a walk- through inspection in order to determine
whether there is Substantial Completion of all Construction Contractor's Work. A
list of unacceptable items shall be prepared by the Project Manager and given to the
Construction Contractor for resolution.
Punch List Preparation
A. The Project Manager shall determine when area or system is ready to inspect
subsequent to Constructions Contractors request for inspection and coordinate
preparation of the punch list. The Project Manager shall interpret contract
requirements to determine suitability of items noted on punch list and participate in
punch list process. The Owner will be advised of punch list status, as it will directly
relate to occupancy schedule.
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Punch List Resolution
A. The Project Manager coordinates entire punch list process and tracks all punch list
items through to resolution. Documentation will be provided to the Owner showing
punch list resolution. Meetings will be scheduled and facilitated by the Project
Manager with Contractor to resolve punch list issues and solutions to disputed
punch list items will be coordinated.
Start -Up
A. With the Owner's operation's personnel and consultants, if needed, in attendance at
a time and date acceptable to both Parties, the Project Manager shall coordinate and
supervise the inspection of utilities, operations' systems and equipment for readiness,
and assist Owner in start -up and testing of such utilities, systems and equipment by
the appropriate Construction Contractor.
Commissioning
A. Ensures compliance with contract which includes commissioning of all Contractor -
provided equipment and validates Owner equipment when necessary. Arranges and
facilitates commissioning and contract close -out workshops. Determines desirability
and funding of outside commissioning agent. Coordinates in -house commissioning
efforts for User Groups and Owner provided equipment.
B. Participates in commissioning efforts, including inspections and system start -up
reviews.
Final Completion
A. After receiving Owner's consent, the Project Manager shall establish the date of final
completion for the Project and provide written notice to the other members of the
Construction Teatn that the Project is ready for final inspection and walk- through;
secure and transmit to the Owner, after final walkthrough and final acceptance by
the Owner, required guarantees, affidavits, releases, bonds and waivers; and, after
final walk - through and final acceptance by the Owner, turn over to the Owner all
keys, manuals, record drawings and surplus materials and supplies.
Warranty
The Project Manager shall collect and deliver to the Owner, in hardback binders, all written
warranties or guarantees specified in the Construction Contract Documents, prior to Final
Completion.
Warranty Review
The Project Manager shall also perform a thorough warranty review of the Project shortly
before the one year anniversary of the date of Substantial Completion. As a result of this
review, the Project Manager shall prepare a list of items needing correction. The Project
Manager shall submit the list to the Owner as information and to the Construction
Contractor for resolution and then actively pursue resolution of the items on the corrective
action list.
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ICES ADDITION & RENOVATION Request for Qualifications
PROJECT MANAGEMENT SERVICES Professional Services
ATTACHMENT B
ELECTRONIC DATA REQUIREMENTS
Project Web Requirements:
a. This project will utilize a web based project management tool called e- Builder Enterpris&M.
This web based application is a collaboration tool, which will allow all project team members
continuous access through the Internet to important project data as well as up to the minute
decision and approval status information.
b. Contractor and Subcontractors shall conduct Project controls, outlined by the Owner, and
Construction Manager, utilizing e- 13uilder Enterprise's. No additional software will be
required.
c. Contractor and Subcontractors shall have the responsibility for visiting the Project web site
on a daily basis, and as necessary to be kept fully appraised of Project developments, for
correspondence, assigned tasks and other matters that transpire on the site. These may
include but are not limited to: Contracts, Contract Exhibits, Contract Amendments,
Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program
Procedures, Safety Notices, Accident Reports, Personnel injury Reports, Schedules, Site
Logistics, Progress Reports, Daily Logs, Non- Conformance Notices, Quality Control
Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages,
Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions,
Construction Variation Directives, Potential Variation Orders, Variation Order Requests,
Variation Orders, and the like. All supporting data including but not limited to shop
drawings, product data sheets, manufacturer data sheets and instructions, method
statements, safety MSDS sheets, Substitution Requests and the like will be submitted in
digital format via e- Builder EnterpriseT`t.
Electronic File Requirements:
a. In addition to the standard closeout submittal requirements detailed elsewhere in the
Contract Documents, the Contractor and Subcontractors shall also submit all closeout
documents including all "As -Built Drawings ", catalog cuts and Owner's Operation and
Maintenance manuals in digital format. All documents (including as -built drawings) shall be
converted or scanned into the Abode Acrobat (PDF) file format and uploaded to e- Builder
Enterprise'"'.
E BUILDER IMPLEMENTATION REQUIREMENTS
e- Builder Enterprise° is a comprehensive Project and Program Management system that
KIB will be implementing for managing documents, communications and costs between the
Contractor, Subcontractors, Design Consultants and Owner. e- Builder EnterpriseTM includes
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PROJECT MANAGEMENT SERVICES Professional Services
extensive reporting capabilities to facilitate detailed project reporting in a web -based environment
that is accessible to all parties and easy to use.
Central Document Vault: e- Builder EnterpnseTM system includes a central database that maintains
all project information and manages project communications amongst team members.
Communication /Correspondence: e- Builder provides electronic routable communication forms
that provide historical tracking, documentation, and increased accountability of project members.
Project Calendars: Meetings will be scheduled and maintained centrally on e- Builder Enterprise
Reporting: All of the project and program data including documents, communications and costs are
accessible through integrated online reports. These reporting tools are completely configurable by
each user. All reports can be exported to Excel for added flexibility.
E- BUILDER LICENSING REQUIRMENTS
e- Builder Enterprise m User Licenses: Each user license is for access to the KIB site
consisting of unlimited data storage. Users can be direct employees of the Contractor as
well as its Subcontractors and /or Suppliers.
Each user license includes full access to e- Builder Enterprise including all of the
documents and reports mentioned above. Furthermore, each user license provides the e-
Builder software as a service (SaS) including:
• All hosting, operation, maintenance and data backup of the e- Builder Enterprisc
software and documents which are maintained in state -of- the -art data centers
located throughout the United States.
• Quarterly e- Builder Enterprise'' software enhancements
• Unlimited phone, email and web based support 24- hours:
e- Builder Enterprise user licenses shall be obtained by the Owner, Construction Manager,
Design Consultants, QA /QC Agencies, and Project Management staff in which the
Contractor is not responsible.
The Contractor is required to obtain e- Builder Enterprise user licenses for its
employees and major Subcontractors as required to facilitate the communication and
document flow •rocess between the Owner Construction Mana•er Desi•n
Consultants, and its Subcontractors and /or major Suppliers.
Page 16 of 16
ax
, �;'. KODIAK ISLAND BOROUGH
«' / AGENDA STATEMENT
1 C%
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.A.2
TITLE: Contract No. FY2011 -21 #3 Amending Contract No. FY2011 -21 Architectural
Design Services for the Kodiak High School Renovation Project to Provide for
an Onsite Observer.
ORIGINATOR: Engineering and Facilities Director
FISCAL IMPACT: ® Yes $500,000 or ❑ No Funds Available ® Yes ❑ No
Account Number: 460- 533 - 452 -140 4 Amount Budgeted:
ATTACHMENTS: Amendment #3 to Contract No. FY2011 -21, Memo from E/F Director Woody
Koning dated January 14, 2013, Memo from Tony Yorba dated December 20,
2012, email from DEED approving movement of funds from one line item to
the other.
APPROVAL FOR AGENDA: /J
SUMMARY STATEMENT:
Kodiak Island Borough code 3.30.100 "Change orders - Manager authority" states that a
contract change order exceeding $200,000 for a particular contract requires Assembly approval.
The NE firm for the Kodiak High School Addition and Renovation project, Jensen Yorba Lott
(JYL), has proposed to provide an Onsite Observer. The Onsite Observer will continuously
review and verify the quality, quantity, and accuracy of the Contractor's work providing daily
reports to Project Manager (PM), as well as coordinate activities with the PM and construction
team members. JYL is proposing to retain Bill Clay of Kodiak, Alaska for this position. Mr. Clay
has substantial experience working in the Kodiak construction industry, and will bring the skills
and knowledge necessary to provide a significant benefit to the project.
Further information is contained in the attached memos from E/F Director Woody Koning and
Tony Yorba.
RECOMMENDED MOTION: Move to authorize the Manager to approve Contract No.
FY2011 -21 #3 Amending Contract No. FY2011 -21 to provide for an onsite observer in an
amount not to exceed $500,000 and paid on an actual hours worked basis.
Kodiak Island Borough Page 1 of 1
Jensen ._ I I
Yorba L l-
Lott ;
Inc . wv .1-1- ; MEMORANDUM
Designing Alaska Since 1935
Date: December 20, 2012
To: Woody Koning
Jessi Wolf
From: Tony Yorba
RE: Kodiak High School Addition and Renovation Construction Observer
As requested, the following is our proposal for construction observation
services for the Kodiak High School Addition and Renovation. The
following are some of our duties and responsibilities that we believe should
be expected of the Construction Observer:
1. The construction observer should be dedicated to the task of
verifying that the work is proceeding as shown on the drawings -
virtually every element in the field should be measured, cross
referenced to the drawings, and confirmed in the specifications.
2. The construction observer should virtually memorize the existing
conditions and the proposed work, so that variances can be identified
as the work is uncovered.
3. The construction observer should understand the schedule and be
able to identify when conditions in the field will not allow the work to
proceed on schedule.
4. Construction observer should verify that quantities of materials
available to the jobsite are sufficient to allow work to proceed as
scheduled.
5. The construction observer should document all of the above on a
daily basis, reporting when their observations indicate that action
must be taken. This information must be made available to the PM
and the entire project team.
Some of the other duties may include assisting the project manager or
construction administration staff with preparation of DCVR and RFP
language, and other construction administration services. However it would
in no way include services that we are otherwise providing under the basic
services agreement in the Washington State Guidelines. We would limit the
ARCHITECTURE 0 INTERIOR DESIGN o CONSTRUCTION MANAGEMENT
522 WEST 10Th SI REET JUNEAU, ALASKA 99801
(907) 586-1070 FAX (907) 586-3959 www.iensenyorbalottcom
PAGE
roll of the observer in these matters so that he is providing information that
would otherwise not be available to design team members or the PM. The
construction observer is an important role in and of itself and we
recommend that this role not be combined with other duties which could
diminish its effectiveness.
Because of the size of this project, we propose two observer types, who's
duties are separate and distinct from the project management staff. That
ensures that they are able to properly dedicate their efforts to ongoing
quality assurance and documentation. We will propose that the primary
observer be Bill Clay, a construction professional well known in Kodiak for
his many years of high quality construction supervision, scheduling, and
craftsmanship. Bill knows the school, having worked on many construction
projects here over the years. We believe he is ideally suited to verify that the
construction proceeds as contracted and to document when conditions are at
variance.
We will propose a second position that would be filled on a part time basis,
and which in fact would be more than one person. We anticipate at this time
that it would include a mechanical specialist and an electrical specialist
available on an on call basis when the primary observer believes it is
warranted. We would also propose an intern type person who would be
responsible for assisting with documenting the physical placement of all
elements, new and existing. We are evaluating the talent available in
Kodiak for these positions.
To provide maximum flexibility we propose that a budget be set up to
invoice these services. We would base the budget on a fulltime position for
Bill Clay, with additional funds established for hourly billing of a secondary
observers, rate and hours to be determined.
We propose to provide the primary observer (Mr Clay) for a rate of $100 an
hour. This is a very competitive rate for an individual with the depth of
experience of Mr. Clay. We anticipate that the other observers would bill at
a reduced rate. Management and other costs associated with the observers
services are included in the hourly rate, but not per diem or travel costs.
We recommend an initial budget of $500,000 be established for his services. I
don't have a good sense for how many hours the Project Observer would be
needed over the duration of the project, nor the amount of time needed to
devote to additional part time individuals. Thus, it is likely that this budget
would eventually need to be augmented. However, we always have, and
will continue to, provide you with the highest quality, most cost effective
services we can. Let me know if you have any questions on this proposal.
G: \_Projects \10077\Corr\Project Observer\12 20 12 project observer proposal .docx
ARCHTFECFURE • INTERIOR DESIGN •CONSTRUCTION MANAGEMENT
572 WEST 10Th STREET JUNEAU, ALASKA 99801
(907) 586 -1070 FAX ( 907) 586-3959 www.jensenyorbelott.com
PAGE2
IKODIAIK ISLAND (..®ROUGH
a 7 DEPARTMENT of ENGINEERING and FACILITIES
< �fi WOODY KONING, DIRECTOR
wkoning @kodiakak.us
DATE: January 14, 2013
TO: Bud Cassidy
FROM: Woody Koning
CC: Matt Gandel, Jessica Wolfe, Tony Yorba
RE: Onsite Construction Observer Services
The Onsite Construction Observer function is critical to assure that the construction work
is being placed according to the construction documents. This person will be continuously
on the work site verifying quantities, schedules, measurements, testing requirements, and
overall quality of the work. The observations will be documented into daily reports and
distributed through e- Builder to all project team members. The Project Manager will
coordinate with and depend heavily on the Onsite Observer for detailed monitoring of the
construction work.
JYL has provided the attached proposal to provide this service including a scope of duties.
JYL proposes to provide Bill Clay for this work at a very competitive rate. Mr. Clay is a
long -time local construction professional, with the proven skills needed to perform the
duties of this job. Mr. Clay's substantial Kodiak construction experience and the
elimination of travel and per diem costs (needed for a worker from out of town) combine to
provide MB very good value for the cost.
It is common for the architect to provide onsite services such as what is proposed. KIB has
contracted with architectural firms in the past to provide such services i.e. North Star
Elementary School Project, Kodiak High School Project, etc.
At this point in the discussion DEED is suggesting that the expense be charged to CM by
Consultant, which has adequate budget to accommodate the limits of this proposal.
Several staff members in EF have worked for many years with Bill Clay, and
overwhelmingly agree that he will be a big asset to delivering this project successfully. We
recommend approval of Amendment #3 to Contract 2011 -21 in an amount not to exceed
$500,000 and paid on an actual hours worked basis.
,� KODIAKI.SLAND BOROUGH
Engineering & Facilities
aa'a
t " �
MEMORANDUM
DATE: January 24, 201S
TO: Bud Cassidy [/
Borough Manag
FROM: Robert Tucker
Acting Eng/Fac Director
RE: Kodiak High School Addition & Renovation Observation Services
The first initial concept during the budgetary process was for the observation services for the
Kodiak High School Projcct to be supplied in house. When this was done all the funding for j
these services were put in Direct Administration in the DEED models that where approved by ✓
DEED early on.
Since then the plans have changed to supply these services through our Architectural firm Jenson
Yorba Lott. Seeing that these services are not being supplied in house we cannot use this line
item to pay for these services. Only in house hiring can be used for Direct Administration costs.
We have contact DEED about making a budget adjustment from Direct Administration to the
Design line item because we would be going through our designer for these services. We were
assured by Kimberly Andrews that this was possible. We would just need to do a budget
adjustment through DEED moving the funds from Direct Administration to Design.
If approved by the Assembly we can make these changes with DEED to move the funding to the
proper account for the dispersal of funds for the Observations Services.
If you have any further question about this matter I will be at the Assembly Work Scssion to
answer any questions.
Bud Cassidy
From: Andrews, Kimberly M (EED) <kimberly.andrews ©alaska.gov>
Sent: Thursday, January 24, 2013 12:16 PM
To: Bud Cassidy
Cc: Gerger, Stuart G (EED)
Subject: On -Site Project Representation -DR -12 -100
Attachments: Expenses to date - 1- 11- 2013.pdf
Hi Bud,
Thank you for the call.
I understand that the Borough is preparing an amendment to the Jensen Yorba Lott contract to hire an on -site observer
for the duration of construction vs. using borough staff. Consequently, you have requested that, if necessary, you may
need to request a budget amendment to move funds from administrative overhead to design.
A review of the attached expenditure status shows sufficient funds in administrative overhead to accomplish this
amendment should it be necessary. Therefore, an amendment request would be approved.
I'm glad to heat the pre -bid conference is going well!
Best regards,
Kim
Kimberly Andrews
Architectural Assistant 111
Alaska Department of Education & Early Development
Facilities Section
Phone: (907)465 -1858
Kimberlv.Andrews @alaska. qav
From: Bud Cassidy [mailto:bcassidv@kodiakak.us]
Sent: Thursday, January 24, 2013 11:52 AM
To: Andrews, Kimberly M (EED)
Subject: Expenses to date - 1- 11-2013.pdf - Adobe Acrobat Standard
1
3. Project Funds - Kodiak High School Addition 8, Renovation
AS 14,11.100 (a)(16)
Approved Principal Amount: 368,679,814
Other bond funds (DR -05 -117) 33,577,430
Other bond funds (DR -04 -120) $591,579
Other bond funds (DR -04 -116) 392,186
FY13 Legislative Grant 37,000,000
FY12 Leg. Grant 12- DC-625 3538,000
Project Total $80,479,009
4. Project Budget
1/11/2013 1/11/2013 1/11/2013
Cost Category Leg. Grant 12 -0.17. DR - 120, o0R -12 -100 Fund of Cons Total Project Budget 1 Expenses Obligated Remaining
1. CM (by consultant) _ $125.272 31,103,977 2.00% $1,229,249 $ 152,276.70 $ 35,875.00 31,041,097.30
2. Land 30 30 30 $ - $ - $0.00
3. Site Investigation $0 30 $0 $ 5,929.50 $ - - 35,929.50
> 4. Design Services $ 10,000 $103,829 36,032418 10.00% 36,146,247 $ 4,146,778.57 $1,498,647.43 3500,821.00 < to here.
5. Construction 37.480,000 $3,407,748 $50,574,717 100% 361462,465 $ 877,240.56 $ 403,970.17 360,181,254.27
6. Equipment 3228,179 31.624,021 3.01 % 51,852,200 $ - $ - 31,852,200.00
7. District Administrative Overhead $ 48,000 $150,275 34,673,624 7.93% 34.871,899 $ 458,619.67 $ - 34,413,279.33 C Money trensfered from here
B. Percent for Art $37,902 $576.723 1.00% 3614,625 $ 4,044.63 $ 28,000.00 3582,580.37
9. Project Contingency $207,990 $4,094,334 7.00% 34,302,324 $ - $ - $4,302,324.00
Totals 37,538,000 $4,261,195 $68,679,814 130.94% 380,479,009 $ 5,644,889.63 $1,966,492.60 $72,867,626.77
`_ KODIAK ISLAND BOROUGH
�
te '.J . •,.
- X'1, r, AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.A.3
TITLE: Contract No. FY2013 -11 Providing General Contractor/ Construction Manager ,
Services for the Kodiak Long -Term Care Facility and Authorizing a Partial Notice
to Proceed fo rthe Site Cleaning Portion of the Contract.
ORIGINATOR: Projects Manager
FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ❑ Yes ® No
Account Number: 495 -535 452.150 09010.5 Amount Budgeted:
ATTACHMENTS: Contract No. FY2013 -11
APPROVAL FOR AGENDA: i ,
SUMMARY STATEMENT:
Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding
$25,000 requires Assembly approval.
Kodiak Island Borough solicited proposals to provide General Contractor /Construction Manager (GC /CM)
services for the Long Term Care Facility in accordance with KIB Code 3.30.070. Five (5) proposals were
received and reviewed by the Architectural Review Board and staff at public meetings. The proposals
were scored and Davis Constructors and Engineers, Inc. was selected for negotiations. Staff negotiated
scope, schedule, and price with Davis Constructors resulting in the attached contract.
The GC /CM construction method differs from the traditional Design- Bid -Build approach in several
important areas. With GC /CM, a Contractor is selected based on a combination of cost and qualifications
rather than low bid. The Contractor is brought in during the design phase and provides value engineering
and cost estimating services. Once the design is completed, the Contractor provides a Guaranteed
Maximum Price (GMP) to complete the work.
For this project, a purchase order in the amount of $25,000 was issued to Davis Constructors as
compensation for the pre- design services. That design is now 95% complete and the Contractor has
submitted its Guaranteed Maximum Price. The GMP total is $15,374,346. Barring any owner- directed
scope changes, this amount represents the maximum construction cost for the project. Any savings
resulting from cost underruns will be returned to the Borough.
In addition to approving the GC /CM contract and accepting the GMP, staff is requesting approval of
issuance of a Partial Notice to Proceed in the amount of $550,000 for the Contractor to perform site
clearing work. In order to meet the project completion date of March 31, 2014, site clearing must begin
immediately. There are adequate funds in the current approved budget to perform this scope of work.
Once the Certificate of Need is approved and the Revenue Bonds have been sold, the balance of the
Guaranteed Maximum Price will be submitted for authorization of Final Notice to Proceed.
RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2013 -11 with
Davis Constructors and Engineers, Inc. of Anchorage, Alaska for General Contractor /Construction
Manager Services for the Kodiak Long Term Care Facility and accept the Guaranteed Maximum
Price in an Amount Not to Exceed $15,374,346 based on funding availability and further move to
authorize a Partial Notice to Proceed for the Site Clearing portion of the contract in an amount not
to exceed $550,000.
Kodiak Island Borough Page 1 of 1
Long Term Care Facility Budget
1/25/2013
Budget LTD Exp Obligated Remaining
1 CM by Consultant $ 307,487 $ 7,865 $ - $ 299,622
2 CM in House $ 307,487 $ 9,174 $ - $ 298,313
3 Land $ - $ 15,350 $ - $ (15,350)
4 Design Services $ 1,229,948 $ 441,265 $ 250,613 $ 538,069
5 Construction $ 15,374,346 $ - $ - $ 15,374,346
6 Equipment $ - $ - $ - $ -
9 Indirect Admin $ 153,743 $ 74,761 $ - $ 78,982
11 Contingency $ 768,717 $ - $ - $ 768,717
PROJECT TOTAL $ 18,141,728 $ 548,415 $ 250,613 $ 17,342,700
Funding
Community Dev. Block Grant $ 90,000
Transfer from General Fund $ 85,000
SOA Leg grant 12 -DC -389 $ 1,275,000
Revenue Bonds $ 20,000,000 Not to exceed amount. Will also cover admin costs outside of
Total Revenue Funding $ 21,450,000 construction costs like bond sale, drafting of lease,
staff time and legal work.
'LONG TERM CARE CONSTRUCTION BUDGET I •
D1v. !phase] Description Takeoff Unit Labor . Material Subcontract Equipment Other Total.
,. QtY,
•
, COST BY DIVISION MATERIAL.. . SUB, EQUIP OTHER TOTAIr
•
DIVISION 01 GENERAL CONDITIONS 658,212 235,526 227,428 155,905 536,448 1,813,519
DIVISION 02 SITE IMPROVEMENTS 117,816 160,660 2,358,151 2,776 1,100 2,640,503
DIVISION 03 CONCRETE 120,256 286,445 112,065 21,775 540,541
•
DIVISION 05 STEEL 6,688 26,990 - - 4,795 38,473
DIVISION 06 WOOD & PLASTICS 513,777 551,947 - 34,650 79,750 1,180,124
DIVISION 07 THERMAL & MOISTURE PROTECTION 189,478 190,223 89,640 - 469,341
DIVISION 08 DOORS & WINDOWS 76,140 270,779 28,880 375,799
DIVISION 09 FINISHES 337,818 227,644 585,115 13,200 7,703 1,171,480
DIVISION 10 SPECIAL CONDITIONS 32,712 64,772 - - - 97,484
DIVISION 11 EQUIPMENT 8,939 57,035 284,537 - 350,511
DIVISION 12 FURNISHINGS 68,410 181,775 - - 1,451,010 1,701,195
DIVISION 15 MECHANICAL 6,279 3,557 2,153,765 - - 2,163,601
DIVISION 16 ELECTRICAL 5,233 2,372 1,950,000 - - 1,957,604
ADD ALT41 PARKING LOT ALLOWANCE - - 105,821 - - 105,821
TOTAL CONSTRUCTION COST 2,141,757 2,259,725 7,895,402 206,531 2,102,580 14,605,996
Construction Contingency 75,000
SUBTOTAL 14,680,996
Owner Contingency 75,000
SUBTOTAL 14,755,996
Construction Manager / General Contractor Fee 4.19% 618,350
'TOTAL GMP PROPOSAL UPDATE 15,374,346 I
2013.01.23 KIBLTC Final GMP.xlsx 16 of 16
KIB Contract Number
AIA Document A133 - 2009
AGREEMENT made as of the
Z y day of 0.nt+ary in the year 4 b
(In words, indicate day, month and year) 1
BETWEEN the Owner.
(Name, legal status and address)
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615 -6398
and the Construction Manager.
(Name, legal status and address)
Davis Constructors & Engineers, Inc.
740 Bonanza Avenue
Anchorage, AK 99518
for the following Project
(Name and address or location)
Kodiak Long Term Care Facility
Lot 2A -1, Block 1, Hospital Subdivision
Kodiak, Alaska
The Architect:
(Name, legal status and address)
Architects Alaska
900 W 5th Avenue, Suite 403
Anchorage, AK 99501
The Owner's Designated Representative:
(Name, address and other information)
Charles E. Cassidy, Jr., Borough Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615 -6398
The Construction Manager's Designated Representative:
(Name, address and other information)
Josh Peppad
Davis Constructors & Engineers, Inc.
740 Bonanza Avenue
Anchorage, AK 99518
The Architect's Designated Representative:
(Name, address and other information)
Mark Kneedler
Architects Alaska
900 W 5th Avenue, Suite 403
Anchorage AK 99501
The Owner and Construction Manager agree as follows.
Page 1 of 15
TABLE OF ARTICLES
1 GENERAL PROVISIONS
2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
3 OWNER'S RESPONSIBILITIES
4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
6 COST 01? THE WORK FOR CONSTRUCTION PHASE
7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
8 INSURANCE AND BONDS
9 DISPUTE RESOLUTION
10 TERMINATION OR SUSPENSION
11 MISCELLANEOUS PROVISIONS
12 SCOPE OF THE AGREEMENT
ARTICLE 1 GENERAL PROVISIONS
§ 1.1 The Contract Documents and Order of Precedence
The Contract Documents, in the order of precedence from most governing to least governing, consist of this
Agreement, Supplementary Conditions, General Conditions, Modifications issued after execution of this Agreement,
Technical Specifications, Drawings, Addenda issued prior to the execution of this Agreement, other documents
listed in this Agreement including the accepted Guaranteed Maximum Price proposal, , all of which form the
Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the
Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, the Contract Documents
will also include the documents described in Section 2.2.3 and identified in the Guaranteed Maximum Price
Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 2.2.8. The
Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. If anything in the other Contract Documents, other than a
Modification, is inconsistent with this Agreement, this Agreement shall govern. This Section 1.1 amends Section
3.5.2 of the General Conditions.
§ 1.2 Relationship of the Parties
The Construction Manager accepts the relationship of trust and confidence established by this Agreement and
covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and
judgment in furthering the interests of the Owner, to furnish efficient construction administration, management
services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the
Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish
or approve, in a timely manner, information required by the Construction Manager and to make payments to the
Construction Manager in accordance with the requirements of the Contract Documents.
§ 1.3 General Conditions
The General Conditions of the Contract shall be as set forth in the Borough's General Conditions of the Construction
Contract, which document is incorporated herein by reference. The term "Contractor" as used in the General
Conditions shall mean the Construction Manager.
ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES
The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 2.1 and 2.2. The
Construction Manager's Construction Phase responsibilities are set forth in Section 2.3. The Owner and
Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior
Page 2 of 15
to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction
Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the
Project.
§ 2.1 Preconstruction Phase
§ 2.1.1 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and
construction budget requirements, each in terms of the other.
§ 2.1.2 Consultation
The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such
matters as procedures, progress, coordination, and scheduling of the Work The Construction Manager shall advise
the Owner and the Architect on proposed site use and improvements, selection of materials, and building systems
and equipment. The Construction Manager shall also provide recommendations consistent with the Project
requirements to the Owner and Architect on constructability; availability of materials and labor; time requirements
for procurement, installation and construction; and factors related to construction cost including, but not limited to,
costs of alterative designs or materials, preliminary budgets, life -cycle data, and possible cost reductions.
§ 2.1.3 When Project requirements in Section 3.1.1 have been sufficiently identified, the Construction Manager shall
prepare and periodically update a Project schedule for the Owner's review and acceptance. The Construction
Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of
the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services,
the Architect's services, other Owner consultants' services, and the Owner's responsibilities and identify items that
could affect the Project's timely completion. The updated Project schedule shall include the following: submission
of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion
required of each Subcontractor; ordering and delivery of products, including those that must be ordered well in
advance of construction; and the occupancy requirements of the Owner.
§ 2.1.4 Phased Construction
The Construction Manager shall provide recommendations with regard to accelerated or fast -track scheduling,
procurement, or phased construction. The Construction Manager shall take into consideration cost reductions, cost
information, constructability, provisions for temporary facilities and procurement and construction scheduling
issues.
§ 2.13 Preliminary Cost Estimates
§ 2.15.1 Based on the preliminary (95 %) design and other design criteria prepared by the Architect, the
Preconstruction Phase Service Outline dated November 29, 2012, and the FF&E List included in the Supplementary
Conditions, the Construction Manager has prepared estimates of the Cost of the Work or the cost of program
requirements using area, volume or similar conceptual estimating techniques for the Owner's review and approval.
If the Owner or Construction Manager suggests alternative materials and systems, the Construction Manager shall
provide cost evaluations of those alternative materials and systems. When estimates of the Cost of the Work exceed
the latest approved Project budget, the Construction Manager shall make recommendations for corrective action.
§ 2.151 Not used.
§ 2.1.6 Subcontractors and Suppliers
The Construction Manager shall develop bidders' interest in the Project.
§ 2.1.7 The Construction Manager has prepared, for the Owner's review and acceptance, a procurement schedule for
items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate
the ordering and delivery of materials that must be ordered well in advance of construction.
§ 2.1.8 Extent of Responsibility
The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction
Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the
Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and
Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any
Page 3 of 15
nonconformity discovered by or made known to the Construction Manager as a request for information in such form
as the Architect may require.
§ 2.1.9 Notices and Compliance with Laws
The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and
lawful orders of public authorities applicable to its performance under this Contract, and with equal employment
opportunity programs, and other programs as may be required by governmental and quasi - governmental authorities
for inclusion in the Contract Documents.
§ 2.2 Guaranteed Maximum Price Proposal and Contract Time
§ 2.2.1 The Construction Manager hereby provides a Guaranteed Maximum Price proposal for the Owner's review
and acceptance. The Guaranteed Maximum Price shall be the sum of the Construction Manager's estimate of the
Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager's Fee.
§ 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the
Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development
consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not
include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which,
if required by the Owner, shall be incorporated by Change Order.
§ 2.2.3 The Construction Manager has included with the Guaranteed Maximum Price proposal a written statement of
its basis, which includes the following:
.1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the
Contract;
.2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of
the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement
the information provided by the Owner and contained in the Drawings and Specifications;
. 3 A statement of the proposed Guaranteed Maximum Price, including schedule of values and the
Construction Manager's Fee;
. 4 Schedule for proposed Work, including the anticipated date of Substantial Completion upon which
the proposed Guaranteed Maximum Price is based. The date of Substantial Completion shall be no
later than March 31, 2014.
§ 2.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal, the Construction Manager
has included its contingency for the Construction Manager's exclusive use to cover those costs considered
reimbursable as the Cost of the Work but not included in a Change Order.
§ 2.2.5 Not used.
§ 2.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price
proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum
Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following
acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed
Maximum Price Amendment amending this Agreement, a copy of which the Owner shalt provide to the Architect.
The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the
information and assumptions upon which it is based, including any amendments to the Supplementary Conditions or
other proposed changes to the Contract Documents.
§ 2.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to
the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs.
§ 2.2.8 If the Guaranteed Maximum Price is accepted, the Owner shall authorize the Architect to provide the
revisions to the Drawings and Specifications to incorporate the agreed -upon assumptions and clarifications
contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish those revised
Drawings and Specifications to the Construction Manager as they are revised The Construction Manager shall
notify the Owner and Architect of any inconsistencies between the Guaranteed Maximum Price Amendment and the
revised Drawings and Specifications. If the Guaranteed Maximum Price is not accepted, the Owner may terminate
this Contract for convenience.
Page 4 of 15
§ 2.2.9 The Construction Manager has included in the Guaranteed Maximum Price all sales, consumer, use and
similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet
effective, at the time the Guaranteed Maximum Price Amendment is executed.
§ 2.3 Construction Phase
§ 2.3.1 General
§ 2.3.1.1 Not used.
§ 23.1.2 The Construction Phase shall commence upon the Owner's acceptance of the Construction Manager's
Guaranteed Maximum Price proposal and the Owner's issuance of a Notice to Proceed. The Owner may issue a
limited Notice to Proceed for preliminary site work not to exceed $550,000, to be agreed upon by the Construction
Manager and the Contracting Officer, prior to issuing a Notice to Proceed for the remainder of the Construction
Phase. The Construction Manager acknowledges that the Owner will not issue a Notice to Proceed for the
remainder of the Construction Phase unless and until funding is secured.
§ 23.2 Administration
§ 231.1 Those portions of the Work that the Construction Manager does not customarily perform with the
Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements
with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the
Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors and from
suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Owner. The
Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be
accepted The Construction Manager shall not be required to contract with anyone to whom the Construction
Manager has reasonable objection.
§ 23.2.2 If the Guaranteed Maximum Price has been established and when a specific bidder (1) is recommended to
the Owner by the Construction Manager, (2) is qualified to perfomr that portion of the Work, and (3) has submitted
a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the
Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be
issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the
person or entity recommended to the Owner by the Construction Manager and the amount and time requirement of
the subcontract or other agreement actually signed with the person or entity designated by the Owner.
§ 2.3.23 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement,
and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. If the Subcontract is
awarded on a cost -plus a fee basis, the Construction Manager shall provide in the Subcontract for the Owner to
receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction
Manager in Section 6.11 below.
§ 23.2.4 If the Construction Manager recommends a specific bidder that may be considered a `related party"
according to Section 6.10, then the Construction Manager shall promptly notify the Owner in writing of such
relationship and notify the Owner of the specific nature of the contemplated transaction, according to Section 6.10.2.
§ 23.2.5 The Construction Manager shall schedule and conduct meetings at least bi- monthly unless otherwise
agreed, to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The
Construction Manager shall prepare and promptly distribute minutes to the Owner and Architect Such meetings
may be held telephonically.
§ 23.2.6 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall
prepare and submit to the Owner and Architect a construction schedule for the Work and submittal schedule. (This
supersedes Section 6.6.1 and 6.6.2 of the General Conditions with regard to the date of submission.]
§ 2.3.2.7 The Construction Manager shall record the progress of the Project. On a twice- monthly basis, or otherwise
as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and
Architect, showing percentages of completion and other information required by the Owner. The Construction
Manager shall also keep, and make available to the Owner and Architect, a daily log containing a record for each
day of weather, portions of the Work in progress, number of workers on site categorized by trade and employer,
Page 5 of 15
identification of equipment in use and on site, problems that might affect progress of the work, accidents, injuries,
and other information required by the Owner.
§ 2.3.2.8 The Construction Manager shall develop a system of cost control for the Work, including regular
monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The
Construction Manager shall identify variances between actual and estimated costs and report the variances to the
Owner and Architect and shall provide this information in monthly reports to the Owner and Architect, in
accordance with Section 2.3.2.7 above.
§ 2.3.2.9 The Construction Manager shall inform the Owner when the work will be ready for required special
inspections with sufficient notice to accommodate travelling inspectors. The Construction Manager shall anticipate
and coordinate special inspections in a manner that minimizes undue cost to the Owner due to poor planning. The
Construction Manager should carry the responsibility of additional special inspector costs required when the Work
fails to meet standards required by code and design documents.
§ 2.4 Professional Services
The Construction Manager shall not be required to provide professional services that constitute the practice of
architecture or engineering unless such services are specifically required by the Contract Documents for a portion of
the Work or unless the Construction Manager needs to provide such services in order to carry out the Construction
Manager's responsibilities for construction means, methods, techniques, sequences and procedures. The
Construction Manager shall not be required to provide professional services in violation of applicable law. If
professional design services or certifications by a design professional related to systems, materials or equipment are
specifically required of the Construction Manager by the Contract Documents, the Owner will specify all
performance and design criteria that such services must satisfy. The Construction Manager shall cause such services
or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on
all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such
professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if
prepared by others, shall bear such professional's written approval when submitted to the Owner. The Owner shall
be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals
performed or provided by such design professionals. The Construction Manager shall not be responsible for the
adequacy of the performance and design criteria specified in the Contract Documents.
§ 2.5 Not used.
ARTICLE 3 OWNER'S RESPONSIBILITIES
§ 3.1 Information and Services Required of the Owner
§ 3.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations
on the Project, including a written program which shall set forth the Owner's objectives, constraints, and criteria,
including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems
sustainability and site requirements.
§ 3.1.2 Prior to the beginning Construction Phase Work following a Notice to Proceed, the Construction Manager
may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements
to fulfill the Owner's obligations under the Contract. Thereafter, the Construction Manager may only request such
evidence if (1) the Owner fails to make payments to the Construction Manager as the Contract Documents require,
(2) a change in the Work materially changes the Contract Sum, or (3) the Construction Manager identifies in writing
a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such
evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected
by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial
arrangements without prior notice to the Construction Manager and Architect.
§ 3.1.3 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the
budget for the Cost of the Work as defined in Section 6.1.1, (2) the Owner's other costs, and (3) reasonable
contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for
the Cost of the Work, the Owner shall notify the Construction Manager. The Owner, in consultation with the
Construction Manager, shall thereafter agree to a corresponding change in the Project's scope and quality.
Page 6 of 15
§ 3.1.4 Structural and Environmental Tests, Surveys and Reports. During the ?reconstruction Phase, the Owner
shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any
other information or services under the Owner's control and relevant to the Construction Manager's performance of
the Work with reasonable promptness after receiving the Construction Manager's written request for such
information or services. Except to the extent Construction Manager knows or should know of possible inaccuracy,
the Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the
Owner but shall exercise proper precautions relating to the safe performance of the Work.
§ 3.14.1 The Owner shall furnish tests, inspections and reports required by law and as otherwise agreed to by the
parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous
materials.
§ 3.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations
for the site of the Project, and a legal description of the site. The surveys and legal information shall include, as
applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands;
adjacent drainage; rights -of -way, restrict ions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements
and trees; and information concerning available utility services and lines, both public and private, above and below
grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.
§ 3.1.43 The Owner has obtained services of geotechnical engineers. All written reports and appropriate
recommendations shall be made available to the Construction Manager.
§ 3.1.4A During the Construction Phase, the Owner shall furnish information or services required of the Owner by
the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services
under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable
promptness after receiving the Construction Manager's written request for such information or services.
§ 3.2 Owner's Designated Representative
The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The
Owner's representative shall reader decisions promptly and furnish information expeditiously, so as to avoid
unreasonable delay in the services or Work of the Construction Manager. The term "Owner means the Owner or
the Owner's authorized representative.
§ 3.2.1 Not used.
§ 3.3 Architect
The Owner shall retain an Architect to provide architectural and engineering services, duties and responsibilities.
The Architect shall be Architects Alaska, Inc.
ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES
§ 4.1 Compensation
§ 4.1.1 For the Construction Manager's Preconstruction Phase services, the Owner shall compensate the
Construction Manager as follows:
§ 0.1.2 For the Construction Manager's Preconstruction Phase services described in Sections 2.1 and 2.2:
(Insert amount of or basis for, compensation and include a list of cosi items, as applicable.)
Lump sum of Forty Thousand Dollars ($40,000.00)
§ 4.1.3 Not used.
§ 4.1A Compensation based on Direct Personnel Expense includes the direct salaries of the Construction Manager's
personnel providing Preconstruction Phase services on the Project and the Construction Manager's costs for the
mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory
employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions.
Page 7 of 15
§ 4.2 Payments
§ 41.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
§ 4.21 Payments are due and payable within 30 days after Owner's approval of Construction Manager's invoice,
documenting services performed during that period.
(Insert rate of monthly or annual interest agreed upon.)
Annual rates as published monthly by the Wall Street Journal prime rate plus 1 %.
ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
§ 5.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the
Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in
Section 6.1.1 plus the Construction Manager's Fee.
§ 5.1.1 The Construction Manager's Fee:
(State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager's
Fee.)
$618 ,350.00
[NOTE: Included in Guaranteed Maximum Price, and approved by Kodiak Island Borough Assembly.]
§ 5.12 The method of adjustment of the Construction Manager's Fee for changes in the Work shall be as described
in the General Conditions and will not exceed:
Self Performed Change Order: 15 % of direct costs.
Subcontract Change Order: 8% of subcontractor's direct cost.
§ 5.1.3 Limitations, if any, on a Subcontractor's overhead and profit for increases in the cost of its portion of the
Work:
15% of direct costs.
§ 5.1.4 Not used.
§ 5.13 Not used.
§ 5.2 Guaranteed Maximum Price
§ 51.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum
Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the
Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess
of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner.
(Insert specific provisions if the Construction Manager is to participate in any savings.)
§ 5.2.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the
Contract Documents and the Date of Substantial Completion shall be subject to adjustment as provided in the
Contract Documents.
§ 5.3 Changes In the Work
Adjustments or changes to the scope of Work may only be made as provided in the General Conditions.
§ 53.1 Not used.
§ 5.3.2 Not used.
§ 5.3.3 Not used.
Page 8 of 15
§ 5.3.4 Not used.
§ 5.3.5 Not used.
ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE
§ 6.1 Costs to Be Reimbursed
§ 6.1.1 The term Cost of the Work shall mean costs necessarily incurred and paid by the Construction Manager in
the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the
Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in
Sections 6.1 through 6.7. Cost of Work shall be as set forth in Section 10.4 of the General Conditions escept as
otherwise provided in this Agreement.
§ 6.11 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval
prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed
Maximum Price Amendment
§ 6.2 Labor Costs
§ 62.1 Wages of construction workers directly employed by the Construction Manager to perform the construction
of the Work at the site or, with the Owner's prior approval, at off -site workshops.
§ 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed
either at the site or at the Construction Manager's principal office, each with the Owner's prior approvaL
§ 6.23 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at
factories, workshops or on the road, in expediting the production or transportation of materials or equipment
required for the Work, but only for that portion of their time required for the Work.
§ 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and
benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements,
customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such
costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3.
§ 6.2.5 Not used.
§ 6.3 Subcontract Costs
Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the
subcontracts.
§ 6.4 Costs of Materials and Equipment Incorporated in the Completed Construction
§ 6.4.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in
the completed construction.
§ 6.4.2 Costs of materials described in the preceding Section 6.4.1 in excess of those actually installed to allow for
reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the
completion of the Work or, at the Owner's option, shall be sold by the Construction Manager. Any amounts realized
from such sales shall be credited to the Owner as a deduction from the Cost of the Work.
§ 6.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items
§6.5.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies,
temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are
provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of
materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based
on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no
longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair
market value.
Page 9 of 15
•
§ 6.5.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by
construction workers that are provided by the Construction Manager at the site and costs of transportation,
installation, minor repairs, dismantling and removal. The total rental cost of any Construction Manager -owned item
may not exceed the purchase price of any comparable item. Rates of Construction Manager-owned equipment and
quantities of equipment shall be subject to the Owner's prior approval.
§ 6.53 Costs of removal of debris from the site of the Work and its proper and legal disposal.
§ 6.5.4 Costs of document reproductions, facsimile transmissions and long -distance telephone calls, postage and
parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office.
§ 6.5.5 That portion of the reasonable expenses of the Construction Manager's personnel incurred while traveling in
discharge of duties connected with the Work.
§ 6.5.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the
Owner's prior approvaL
§ 6.6 Miscellaneous Costs
§ 6.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly
attributed to this Contract. Self- insurance for either full or partial amounts of the coverages required by the Contract
Documents, with the Owner's prior approval.
§ 6.6.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which
the Construction Manager is liable.
§ 6.63 Fees and assessments for the building permit and for other permits, licenses and inspections for which the
Construction Manager is required by the Contract Documents to pay. The Owner will directly pay for special
inspections provided that the Construction Manager shall inform the Owner when the work will be ready for
required special inspections with sufficient notice to accommodate travelling inspectors. The Construction Manager
shall anticipate and coordinate special inspections in a manner that minimizes undue cost to the Owner due to poor
planning. The Construction Manager shall pay for additional special inspector costs required when the Work fails to
meet standards required by code and design documents.
§ 6.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or
nonconforming Work for which reimbursement is excluded by provisions of the Contract Documents and which do
not fall within the scope of Section 63.3.
§ 6.6.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract
Documents.
§ 6.6.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval.
§ 6.6.7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific
responsibility in the Contract Documents.
§ 6.6.8 Not used.
§ 6.6.9 Subject to the Owner's prior approval, expenses incurred in accordance with the Construction Manager's
standard written personnel policy for relocation and temporary living allowances of the Construction Manager's
personnel required for the Work.
§ 6.7 Other Costs and Emergencies
§ 6.7.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by
the Owner.
§ 6.7.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency
affecting the safety of persons and property.
Page 10 of 15
§ 6.73 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager,
Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or
failure to fulfill a specific responsibility of the Construction Manager and only to the extent that the cost of repair or
correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or
others.
§ 6.7.4 The costs described in Sections 6.1 through 6.7 shall be included in the Cost of the Work, unless such costs
are excluded by the provisions of Section 6.8.
§ 6.8 Costs Not To Be Reimbursed
§ 6.8.1 The Cost of the Work shall not include the items listed below
.1 Salaries and other compensation of the Construction Manager's personnel stationed at the
Construction Manager's principal office or offices other than the site office, except as specifically
approved by the Owner or as provided in Section 6.2;
.2 Expenses of the Construction Manager's principal office and offices other than the site office;
.3 Overhead and general expenses, except as may be expressly included in Sections 6.1 to 6.7;
. 4 The Construction Manager's capital expenses, including interest on the Construction Manager's
capital employed for the Work;
.5 Except as provided in Section 6.7.3 of this Agreement, costs due to the negligence or failure of the
Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract;
.6 Any cost not specifically and expressly described in Sections 6.1 to 6.7;
.7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the
Guaranteed Maximum Price to be exceeded;
. 8 Costs for services incurred during the Preconstruction Phase;
. 9 Cost for required special inspections by out -of -area inspectors; and
. 10 Costs for insurance not specifically required by the Contract Documents and not already in place on
the Effective Date of this Agreement.
§ 6.9 Discounts, Rebates and Refunds
§ 6.9.1 Cash discounts obtained on payments made by the Construction Manager shall be allocated as described in
Section 10.4.2 of the General Conditions and the Construction Manager shall make good faith efforts to obtain cash
discounts. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment
shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained.
§ 6.91 Amounts that accrue to the Owner in accordance with the provisions of Section 6.9.1 shall be credited to the
Owner as a deduction from the Cost of the Work.
§ 6.10 Related Party Transactions
§ 6.10.1 For purposes of Section 6.10, the term "related party" shall mean a parent, subsidiary, affiliate or other
entity having common ownership or management with the Construction Manager; any entity in which any
stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in
the aggregate; or any person or entity which has the right to control the business or affairs of the Construction
Manager. The term "related party" includes any member of the immediate family of any person identified above.
§ 6.10.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a
related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated
transaction, including the identity of the related party and the anticipated cost to be incurred, before any such
transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed
transaction, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall
procure the Work, equipment, goods or service from the related party, as a Subcontractor, according to the teens of
Sections 2.3.2.1, 2.3.2.2 and 2.3.2.3. If the Owner fails to authorize the transaction, the Construction Manager shall
procure the Work, equipment, goods or service from some person or entity other than a related party according to
the terms of Sections 2.3.2.1, 2.3.21 and 23.2.3.
Page 11 of 15
Coo /3 - //
§ 6.11 Accounting Records
The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and
exercise such controls as may be necessary for proper financial management under this Contract and to substantiate
all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the
Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be
permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation
supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's
proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Construction
Manager shall preserve these records for a period of three years after final payment, or for such longer period as may
be required by law.
ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
§ 7.1 Progress Payments
§ 7.1.1 Based upon Applications for Payment submitted to the Owner by the Construction Manager, the Owner shall
make progress payments on account of the Contract Sum to the Construction Manager as provided in the Contract
Documents.
§ 7.1.2 Not used.
§ 7.1.3 Not used.
§ 7.1.4 Nowt u ed. With each Application for Payment, the Construction Manager shall submit a detailed accounting
report that reflects all costs incurred by the Construction Manager and included in that Application for Payment.
. . ,. . . .. • •
•
:.:.:...._._.. _a..:.._ - __ v..... __..._.._. ..
- -:: - • :: - -- • . In accordance with paragraph 6.11 Accounting Records shall be
made available for audit by the Owner.
§ 7.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire
Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee
shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by
such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner,
shall be used as a basis for reviewing the Construction Manager's Applications for Payment.
§ 7.1.6 -Not -used. Applications for Payment shall show the percentage of completion of each portion of the Work as
of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of
(1) the percentage of •• the Work which has actually been completed, or (2) the percentage obtained by
dividing (a) the expense that has actually been incurred by the Construction Manager on account of that- peRion -ef
the Work for which the Construction Manager has made or intends to make actual payment prior to the next
Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that - portion o the Work in
the schedule of values. •
§ 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be •
computed as follows:
.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage of completion of each portion of the Work by the share of
the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute
shall be included as provided in Section 13 of the General Conditions;
.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing;
.3 Add the Construction Manager's Fee, less retainage of Zero percent (0.00 %). The Construction
Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the
Page 12 of 15
same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the
probable Cost of the Work upon its completion;
.4 Not used;
.5 Subtract the aggregate of previous payments made by the Owner;
.6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by
Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently
discovered by the Owner's auditors in such documentation; and
- .7 Subtract amounts, if any, for which the Owner or Project Manager has not approved the Application
for Payment.
§ 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and
approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the
Construction Manager shall execute subcontracts in accordance with those agreements.
§ 7.1.9 Not used.
§ 7.1.10 Not used.
§ 7.2 Final Payment •
§ 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Construction Manager when
.1 the Construction Manager has fully performed the Contract except for the Construction Manager's
responsibility to correct Work as provided in the General Conditions, and to satisfy other
requirements, if any, which extend beyond final payment;
.2 the Construction Manager has submitted a final accounting for the Cost of the Work and .a final
Application for Payment in accordance with the General Conditions; and
.3 verification that all Work is completed including Alaska Department of Labor and Alaska •
Department of Revenue filing requirements.
§ 7.2.2 Not used.
§ 7.2.3 Not used.
§ 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described
in Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall
reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same
basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price.
If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings
shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the
Owner to the Construction Manager.
ARTICLE 8 INSURANCE AND BONDS
For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and
the Construction Manager shall provide bonds as set forth in the General Conditions.
Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00)
Performance Bond 100% of GMP
Payment Bond 100% of GMP
Worker' Compensation Insurance Statutory Limits
Employers Liability Insurance $1,000,000
General Liability Insurance $1,000,000 Each Occurrence, personal Injury, Contractual
Liability
52,000,000 General Aggregate and Product /Completed
coverage
Excess Liability 515,000,000 per Occurrence
Automobile Liability $1,000,000 Combined Single Limit
Page 13 of 15
§ 6.11 Accounting Records
The Construction Manager shall keep full and detailed records and accounts related to the cost of the Work and
exercise such controls as may be necessary for proper financial management under this Contract and to substantiate
all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the
Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be
permitted to audit and copy, the Construction Manager's records and accounts, including complete documentation
supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's
proposals, purchase orders, vouchers, memoranda and other data relating to this Contract The Construction
Manager shall preserve these records for a period of three years after final payment, or for such longer period as may
be required by law.
ARTICLE 7 PAYMENTS FOR CONSTRUCTION PHASE SERVICES
§ 7.1 Progress Payments
§ 7.1.1 Based upon Applications for Payment submitted to the Owner by the Construction Manager, the Owner shall
make progress payments on account of the Contract Sum to the Construction Manager as provided in the Contract
Documents.
§ 7.1.2 Not used.
§ 7.13 Not used.
§ 7.1.4 Not used.
§ 7.13 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire
Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee
shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by
such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner,
shall be used as a basis for reviewing the Construction Manager's Applications for Payment.
§ 7.1.6 Not used.
§ 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as
determined by multiplying the percentage of completion of each portion of the Work by the share of
the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute
shall be included as provided in Section 13 of the General Conditions;
.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in
advance by the Owner, suitably stored off the site at a location agreed upon in writing;
3 Add the Construction Manager's Fee, less retainage of Zero percent (0.00 %). The Construction
Manager's Fee shall be computed upon the Cost of the Work at the rate stated in Section 5.1 or, if the
Construction Manager's Fee is stated as a fixed sum in that Section, shall be an amount that bears the
same ratio to that fixed -sum fee as the Cost of the Work bears to a reasonable estimate of the
probable Cost of the Work upon its completion;
.4 Not used;
.5 Subtract the aggregate of previous payments made by the Owner,
.6 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by
Section 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently
discovered by the Owner's auditors in such documentation; and
.7 Subtract amounts, if any, for which the Owner or Project Manager has not approved the Application
for Payment.
Page 12 of 15
§ 7.1.8 The Owner and Construction Manager shall agree upon (1) a mutually acceptable procedure for review and
approval of payments to Subcontractors and (2) the percentage of retainage held on Subcontracts, and the
Construction Manager shall execute subcontracts in accordance with those agreements.
§ 7.1.9 Not used.
§ 7.1.10 Not used.
§ 7.2 Final Payment
§ 7.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Construction Manager when
.1 the Construction Manager has frilly performed the Contract except for the Construction Manager's
responsibility to correct Work as provided in the General Conditions, and to satisfy other
requirements, if any, which extend beyond final payment;
.2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final
Application for Payment; and
.3 verification that all Work is completed.
§ 7.2.2 Not used.
§ 7.2.3 Not used.
§ 7.2.4 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described
in Section 6.1.1 and not excluded by Section 6.8 to correct defective or nonconforming Work, the Owner shall
reimburse the Construction Manager such costs and the Construction Manager's Fee applicable thereto on the same
basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price.
If the Construction Manager has participated in savings as provided in Section 5.2.1, the amount of such savings
shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the
Owner to the Construction Manager.
ARTICLE 8 INSURANCE AND BONDS
For all phases of the Project, the Construction Manager and the Owner shall purchase and maintain insurance, and
the Construction Manager shall provide bonds as set forth in the General Conditions.
Type of Insurance or Bond Limit of Liability or Bond Amount (S0.00)
Performance Bond 100% of GMP
Payment Bond 100% of GMP
Worker' Compensation Insurance Statutory Limits
Employers Liability Insurance $1,000,000
General Liability Insurance $1,000,000 Each Occurrence, personal Injury, Contractual
Liability
$2,000,000 General Aggregate and Product/Completed
coverage
Excess Liability $15,000,000 per Occurrence
Automobile Liability $1,000,000 Combined Single Limit
ARTICLE 9 DISPUTE RESOLUTION
§ 9.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions
set forth in the General Conditions.
§ 9.2 Not used.
§ 93 Not used.
Page 13 of 15
ARTICLE 10 TERMINATION OR SUSPENSION
§ 10.1 Termination Prior to Notice to Proceed for Construction Phase
§ 10.1.1 Prior to the execution of a Notice to Proceed, the Owner may terminate this Agreement for the Owner's
convenience and without cause in accordance with the General Conditions.
§ 10.1.2 In the event of termination of this Agreement pursuant to Section 10.1.1, the Construction Manager shall be
equitably compensated for Preconstntction Phase services and any site work performed according to a limited
Notice to Proceed prior to receipt of a notice of termination. In no event shall the Construction Manager's
compensation under this Section exceed $590,000.
§ 10.1.3 Not used.
§ 10.2 Termination Subsequent to Notice to Proceed
Following issuance of' the Notice to Proceed, the Contract may be terminated as provided in the Contract
Documents.
§ 10.2.1 If the Owner terminates the Contract after issuance of the Notice to Proceed, the amount payable to the
Construction Manager shall not exceed the amount the Construction Manager would otherwise have received
pursuant to Sections 10.1.2 and an amount calculated in accordance with the General Conditions %r Work
performed in the Construction Phase.
§ 10.2.2 Not used.
§ 10.3 Not used.
ARTICLE 11 MISCELLANEOUS PROVISIONS
§ 11.1 Terms in this Agreement shall have the same meaning as those in the Contract Documents.
§ 11.2 Not used.
§ 11.3 Governing Law
The laws of the State of Alaska and ordinances of the Kodiak Island Borough shall apply to both the Precoastruction
and Construction Phases.
§ 11.4 Assignment
The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal
representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement
without the written consent of the other. If either party attempts to make such an assignment without such consent,
that party shall nevertheless remain legally responsible for all obligations under the Contract.
§ 113 Other provisions:
ARTICLE 12 SCOPE 01? THE AGREEMENT
§ 12.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction
Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and Construction Manager.
§ 12.2 The following documents comprise the Agreement, and are listed in order of precedence:
.1 ALA Document A133 -2009, as amended, Standard Form of Agreement Between Owner and
Construction Manager as Constructor where the basis of payment is the Cost of the Work Phis a Fee
with a Guaranteed Maximum Price;
. 2 Supplementary Conditions;
.3 Kodiak Island Borough General Conditions of the Construction Contract;
. 4 Not used;
Page 14 of 15
.5 Other documents:
(List other documents, if any, forming part of the Agreement.)
.6 Preliminary Design Report and Drawings dated November 19, 2012 by Architects Alaska, and such
other information that is provided by Architects Alaska, subsequent to November 19, 2012;
.7 Geotechnical Report dated June 29, 2012 by Enterprise Engineering, Inc.
This Agreement is entered into as of the day and year first written above.
OWNER (Signature) ' TION AGER (Si# re)
Charles E. Cassidy, Jr., Borough Manager Josh P .:.. President
ATTEST:
Nova Javier, MMC
Borough Clerk
Page 15 of 15
Kodiak Island Borough, Alaska
Contract Documents
LONG -TERM CARE CENTER CONSTRUCTION
February 2013
SUPPLEMENTARY CONDITIONS
1. Scope of Work
The Scope of Work for this Contract encompasses construction of a Long -Term Care
Center in Kodiak, Alaska, including installation of utilities and road access. The Scope of Work
is further described on drawings and technical specifications prepared for the Borough by its
Architect. The work is intended to be conducted in two phases, each subject to approval by the
Borough Assembly and issuance by the Borough of a Notice to Proceed. The components will
be referred to in the Contract as Phase I - (Preconstruction) and Phase II - (Construction).
The Scope of Work for Phase I is set forth in Section 2.1 and 2.2 of the Agreement.
The Scope of Work for Phase II includes all management, equipment, labor, and
materials necessary for the construction of a Long -Term Care Center. Phase II - (Construction)
includes clearing and grubbing, excavation, grading, drainage, paving, curbs and gutters, traffic
control, utilities, fire suppression, landscaping, project and building identification signs, top soil
and ground cover, planting, decorative paving, retaining walls, site lighting, telecommunications,
and television systems. Building work includes footings, floors, a structural frame, roofing,
exterior walls with siding, windows, doors, interior partitions, finishes, specialties, equipment
and furnishings, HVAC systems, and electrical systems. This description is intended to be a
summary of the Scope of Work, and more detailed information is provided from the Architect.
2. Time of Completion
Phase I - (Preconstruction) must be complete by March 31, 2013.
If the Borough decides to continue with Phase 11- (Construction), the Borough will issue
a Notice to Proceed for Phase II - (Construction) on or before May 31, 2013. Substantial
Completion, including issuance of a Temporary Certificate of Occupancy by the City of Kodiak
for Phase II - (Construction) shall be March 31, 2014. All Work under this Contract must be
completed no later than September 30, 2014.
The Borough may issue a limited Notice to Proceed for preliminary site work not to
exceed $550,000, to be agreed upon by the Construction Manager and the Contracting Officer,
prior to issuing a Notice to Proceed for the remainder of the Construction Phase. The
Construction Manager acknowledges that the Owner will not issue a Notice to Proceed for the
remainder of the Construction Phase unless and until funding is secured.
3. Authority of the Borough's Project Manager
The Project Manager will be the Borough's on -site representative and will observe the
Work in progress on behalf of the Borough and will be identified at the time the Notice to
Proceed is issued. The Project Manager will not be responsible for construction means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in connection with
the Work. Visits and observations made by the Project Manager will not relieve the
Construction Manager of its obligation to conduct comprehensive inspections of the Work and to
furnish materials and perform acceptable work, and to provide adequate safety precautions, in
conformance with the intent of the Contract. The Construction Manager shall at all times carry
out and fulfill the written instructions and written directions of the Project Manager regarding the
Contract Documents.
Immediately on discovery of the need for interpretation of the Contract Documents, the
Construction Manager shall prepare and submit all RFIs to the Project Manager and
simultaneously to the Architect and Contracting Officer via email. The Project Manager will in
all cases make determinations in writing on any and all questions which may arise concerning
the interpretation of Contract Documents including the quality, quantity, and acceptability of
materials furnished, the Work performed, and the rate of progress of the Work.
4. Storage Sites
Storage of excess /spare materials shall be on the Project site, or as otherwise approved by
the Project Manager. Prior to placement of excess /spare materials, the Construction Manager
shall inspect the site in the company of the Project Manager in order to coordinate suitable
storage locations and arrangement of proposed stockpiles.
5. Street Closures
If required, street closures and traffic control measures shall be made to offer the least
possible interference to vehicular traffic. A proposed traffic control pattern shall be delivered to
the Project Manager twenty (20) working days in advance of the closure or partial closure.
Placement and design of signs, barricades and other devices to be furnished and used by the
Construction Manager shall conform to requirements of authorities having jurisdiction, and the
Construction Manager shall maintain access for fire- fighting equipment and access to fire
hydrants.
6. Superintendence by Construction Manager
The Construction Manager was selected in part because of the qualifications of its
Superintendent. The Superintendent shall not be replaced without the Borough's prior written
consent. The Construction Manager shall submit a resume, statement of qualifications, and
reference names and telephone numbers for any proposed substitute or replacement
Superintendent for approval by the Contracting Officer. Lack of suitable qualifying experience
will be cause for rejection of the proposed Superintendent.
2
7. Coordination with Providence
To the extent Final Completion of Phase II is not reached by March 31, 2014, and the
Construction Manager needs to complete the Work, the Construction Manager will coordinate its
access and activities with Providence. The Construction Manager shall act in good faith to not
do or permit anything to be done in or about the Site which will unreasonably obstruct or
interfere with the provision of care to Providence's patients. In addition, the Construction
Manager shall comply with any (i) Providence policies relating to vendors and contractors
performing work on the Site, and (ii) licensing, accreditation, or requirements of other
governmental or accrediting agencies having jurisdiction over the Long -Term Care Center,
which laws or requirements are implicated by the presence of Construction Manager in the Long -
Term Care Center or Work being conducted by the Construction Manager. The Construction
Manager shall not cause, commit, or maintain or permit any nuisance or waste in, on, or about
the Site. The Construction Manager shall not use the Site in any manner that would (i)
materially adversely affect or unreasonably interfere with any routine patient care services
Providence is providing or preparing to provide, or (ii) unreasonably interfere with or obstruct
the proper and economical rendition of any such service or activities related to Providence's
preparing to render such service, or (iii) endanger a patient or interfere in any way with
emergency care being rendered to a patient. Accordingly, if and to the extent necessitated by
Providence's activities related to emergent patient care or a patient is endangered thereby,
Providence may direct the Construction Manager to cease Work for so long as such patient care
activities are continuing and the Construction Manager shall abide by such direction. If
Providence determines that any Construction Manager has failed or refused to conduct its
activities in accordance with the foregoing, Providence may require that the Construction
Manager take immediate action to assure the situation is promptly remedied or cease to assign
that person to the Site.
For purposes of these Supplementary Conditions, "Providence" shall mean Providence
Health & Services - Washington d/b /a Providence Health & Services in Alaska, a Washington
non -profit corporation or such other entity that enters into a lease with the Borough for the
operation of the Long -Term Carc Center contemplated in Section 1 - Scope of Work.
8. FF &E
Providence has represented to the Owner that it will identify 80% of the total estimated
value of the FF &E on or before March 31, 2013 and any remaining FF &E no later than
December 31 2013. Each list, as it is provided to the Owner, will be incorporated herein by
reference. These items will be provided by the Construction Manager during Phase II -
(Construction) and the cost is included in the Guaranteed Maximum Price. The total cost of the
FF &E will not exceed $1,451,010.00, including purchase price, freight, shipping insurance, labor
and installation. The Construction Manager shall be responsible to order, procure, and install
such items in a commercially reasonable manner; however, the Construction Manager shall not
be responsible for the delay in installing any such items after March 31, 2014 if the Construction
Manager has ordered, procured, and installed such items in a commercially reasonable manner,
but was not provided with the description of such item in sufficient time to order, procure, and
install such items in a commercially reasonable manner by March 31, 2014.
3
9. Hazardous Materials
9.1 The Construction Manager is responsible for compliance with any requirements
regarding hazardous materials. A I- Iazardous Material is any substance or material identified
now or in the future as hazardous under any federal, state or local law or regulation, or any other
substance or material which may be considered hazardous or otherwise subject to statutory or
regulatory requirements governing handling, disposal and/or clean -up. If the Construction
Manager encounters a Hazardous Material or substance not addressed in the Contract Documents
and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to
persons resulting from a material or substance encountered on the Site by the Construction
Manager, the Construction Manager shall, upon recognizing the condition, immediately stop
Work in the affected area and report the condition to the Owner in writing.
9.2 Upon receipt of the Construction Manager's written notice, the Owner shall obtain
the services of a licensed laboratory to verify the presence or absence of the material or
substance reported by the Construction Manager. Unless otherwise required by the Contract
Documents, the Owner shall furnish in writing to the Construction Manager the names and
qualifications of persons or entities who are to perform tests verifying the presence or absence of
such material or substance or who are to perform the task of removal or safe containment of such
material or substance. The Construction Manager will promptly reply to the Owner in writing
stating whether or not it has reasonable objection to the persons or entities proposed by the
Owner. If the Construction Manager has an objection to a person or entity proposed by the
Owner, the Owner shall propose another to whom the Construction Manager has no reasonable
objection. If delay cause by work in this subsection will cause a delay in the date of Substantial
Completion, the Owner may terminate this Contract or elect to have the Constriction Manager
resume Work in the affected area when the material or substance has been rendered harmless. If
the Owner elects to resume, then by Change Order, the Contract Sum shall be increased in the
amount of the Construction Manager's reasonable additional costs of shut -down, delay, and start-
up.
9.3 The Owner shall not be responsible for Hazardous Materials or substances the
Constriction Manager brings to the site unless such materials or substances are required by the
Contract Documents. The Owner shall be responsible for materials or substances required by the
Contract Documents, except to the extent of the Constriction Manager's fault or negligence in
the use and handling of such materials or substances.
9.4 The Construction Manager shall be responsible (1) for remediation of a material
or substance the Contractor brings to the site and negligently handles, or (2) where the
Construction Manager fails to perform its obligations under Section 9.1, except to the extent that
the cost and expense are due to the Owner's fault or negligence.
10. Liquidated Damages
Substantial Completion, including receipt of a Certificate of Occupancy for the Premises,
shall be no later than March 31, 2014. It is expressly understood and agreed that in case of the
failure on the part of the Construction Manager, for any reason, except with the written consent
of the Borough, to obtain Substantial Completion by March 31, 2014, the Borough shall have
4
the right to deduct from any money due or which may become due the Construction Manager, or
if no money shall be due, the Borough shall have the right to recover the Lease Payment amount
that would have been received by the Borough for each calendar day elapsing between March
31, 2014 and the actual date of Substantial Completion in accordance with the terms hereof; such
deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages.
11. Indemnification
Section 5.5 of the General Conditions is replaced with the following:
The Contractor shall indemnify, hold harmless, and defend the Borough and its agents
and its employees from any and all claims or actions for injuries or damages sustained by any
person or property arising directly or indirectly from the construction or the Contractor's
performance of this Contract; however, the Contractor shall not be required to indemnify, hold
harmless or defend the Borough, its agents and employees for any act, omissions or negligence
of the Owner, Owner's agents and employees.
12. Builder's Risk Insurance
The Owner will obtain and maintain "All Risk" Builder's Risk insurance upon the entire
project for the full cost of replacement of the Work at the time of any loss. Builder's Risk
insurance will cover property in the course of construction to include, but not be limited to,
buildings, real property, additions or modifications, and materials onsitc, providing values are
reported to KIB's insurer at the beginning of the project and/or periodically. This insurance shall
be obtained through AML /JIA and the Owner will provide evidence of insurance to the
Construction Manager upon request. Construction Manager and its subcontractors of all tiers
shall be additional insureds under the Builder's Risk policy.
5
&ois
'c onstructors
engineers_inc
Kodiak Island Borough
Kodiak Long Term Care Facility
Kodiak, Alaska
Final Guaranteed Maximum Price Proposal - Update
Prepared By: Davis Constructors & Engineers
For: Kodiak Island Borough
Engineering and Facilities Department
Proposal Dated: January 23, 2013
Proposal Contents:
1. Guaranteed Maximum Price Summary
2. Documents By Reference
3. Changes from Schematic Design to Permit Design
4. Clarification and Assumptions of Work / Inclusion / Exclusions / Allowances
5. Proposed Guaranteed Maximum Price
6. Proposed Schedule
7. Owner Acceptance Date
Final GMP - Update
1. GUARANTEED MAXIMUM PRICE SUMMARY
Proposed work generally consists of: civil /sitework; site amenities; foundation systems;
structural wood framing; exterior envelope systems; architectural finishes; mechanical
systems; environmental controls; electrical systems; and other miscellaneous work required
by the RFP documents, for the construction of the Kodiak Island Borough Long Term Care
Facility (located in Kodiak, Alaska).
Work under this contract shall be as indicated in the Construction Documents and
referenced Addenda.
This proposal contains the necessary General Condition items to complete the scope of
work, through to the end of the project. This proposal assumes an early approval from the
Borough to dear the site and remove trees in February 2013. Removing trees before the
migratory bird closure period allows Sitework to begin after CON approval and during the
bond sale period. Site mobilization is anticipated in March 2013 and a Building Occupancy
date of March, 2014. Snow removal and ground thawing activities will take place in
preparation for a March 2013 construction commencement.
This Guaranteed Maximum Price Proposal includes a Contractor Construction Contingency
Allowance in the amount of $75,000.00. This contingency is for the sole use of Davis
Constructors as approved by Owner. Construction Contingency shall be utilized to address
unforeseen design refinements; coordination issues; omissions; and other costs necessary
to complete the project that may or may not be fully addressed in the contract documents.
Construction Contingency will be evaluated at monthly budget forecast reviews. Any excess
Construction Contingency which may develop during the course of the project will be
negotiated and returned to Owner's Contingency Allowance account (See Below). Any
unused Construction Contingency remaining at Final Completion shall accrue to the Owner.
It is anticipated that the Owner may wish to make minor scope adjustments or pay for minor
change orders within the Guaranteed Maximum Price Contract Amount. The Guaranteed
Maximum Price Proposal has included an updated $75,000 "Owner Contingency Allowance"
account to accomplish this purpose. This allowance is for the sole use of the Owner.
Please note that work scope not shown as a subcontractor activity, is proposed to be self
performed by Davis. These self perform activities are those that are normally performed by
the General Contractor (GC) and are critical to the control of the project schedule or are not
reasonably subcontracted. All self perform activities, excluding General Condition activities,
have been marked up accordingly outside of the "CMc" fee. A fee of 10% for overhead and
profit has been included in these activities. Should the Owner wish to have these activities
"bid" or subcontracted out, that option may be exercised.
2. PROJECT DOCUMENTS
This Guaranteed Maximum Price Proposal is based on the following documents:
• Permit Set Design Documents — Dated December 10, 2012
• Enterprise Engineering Subsurface Investigation Report — Dated June 29, 2012
• Architects Alaska Preliminary Design Report — Dated June 25, 2012
• Preliminary Specifications — Dated December 10, 2012
• No Addendum Provided at Time of Guaranteed Maximum Price
• Draft CMc Contract — Dated December 18, 2012
Page 2
Final GMP - Update
3. CHANGES FROM SCHEMATIC DESIGN TO PERMIT DESIGN
This Guaranteed Maximum Price Proposal reflects the following changes from Schematic
Design to Permit Design:
• Civil
- Retaining wall added
- Sidewalk square footage increased
- Heated sidewalk and patios quantity increase
- Asphalt area increased
- Storm drain and swales added
- Utility pads defined
- Utilities runs adjusted and relocated onsite
• Structural
- Overall square footage increase, including back of house, and mezzanine
- hold downs defined and quantities increased
- Footing counts changed
- Structural wood columns quantity changed
- Framing modified at mezzanine
- Structural support columns quantity change
- Roof framing changed from I joists to trusses
- Added depressed slab area at freezer /fridge
- Framing details partially defined
- 15/32" Structural 1 OSB required in lieu of standard 7/16" OSB.
• Architectural
- Overall square footage increase, including back of house, and mezzanine
- Modifications to the floor plan and layout
- Removed resident room built in casework and added closet
- Revised courtyard layout
- Increased decorative fence at courtyard
- Removed gutters and rain control
- Relocated and reduced open area storage
- Sun room design partially defined
- Revised RCP and hard lid framing
- Increased bulkhead requirements
- Added acoustical ceiling grid and tile
- Partial equipment schedule provided at kitchen
- Added second dishwasher at each kitchen
- Light shelf added and partially clarified
- Exterior vent detail provided, replacing manufactured vent option
- Eave fascia detailed with additional fascia board
- Finish schedule partially defined
- Window schedule partially defined
- Door and Hardware schedule partially defined
- Wall types defined, increased anticipated framing and GWB requirements
- Providence FFE package added to construction contract
Page 3
Final GMP - Update
• Mechanical
- The fuel oil tank increased in size from 2,500 gal to a 5,000 gal tank
- A propane tank and piping to the boiler burner were added in order to provide the
boilers with a pilot lighting system
- A domestic water booster pump and water filter system were added
- The boilers /burners selected are outside of the preliminary budget, over twice the
cost anticipated cost, we recommend reviewing other options and manufacturers
- An oil -water separator and piping has been added to the receiving area.
- Original assessment of the snowmelt was 2 zones and less square footage, the
updated design has 4 zones and increased square footages
- Initial assessment anticipated one AHU and one MAU, there is now an additional
AHU being provided
- Contractor grade residential type hoods have been upgraded to high end Viking
units
- Conceptual pricing was based off of non - providence standards and previous
construction methods utilized on the Providence cottages and commons projects.
An example of this is the utilization of PEX. This design does not take advantage
of those methods
• Electrical
- Deletion of the communications and emergency power duct -bank back to existing
hospital
- Addition of exterior generator system
- Typical room lighting layout changed slightly
- Fixture Schedule modified
- Overall lighting plan further developed and shown
- Overall power plan further developed and shown
- Overall special systems (Fire, Nurse Call, Access Control) further developed and
shown
- Nurse Call system detailed further
- Addition of CCTV system
- Kitchen areas detailed further
- Mechanical area detailed further
- Power 1 -line modified and increased sub -panel quantity
4. DESCRIPTION OF WORK
Work shall include all labor, materials, equipment, and services necessary to perform all
tasks and to complete the work as outlined in the referenced contract documents.
This estimate has been prepared from less than 100% design documents. As such it
contains certain assumptions, inclusions and allowances as necessary. They are as follows:
• This Proposal assumes "reasonable" price escalations through summer 2013. It does
not include escalations due to abnormal market conditions or price inflation
exceeding 5% per year (Base Year = 2013)
• In order to meet target completion dates, this proposal assumes a Notice of Award
and Limited NTP no later than February 15, 2012
Page 4
Final GMP - Update
• Please reference Guaranteed Maximum Price Cost Estimate for General Condition
items and personnel specifically included in this proposal.
• Other Inclusions:
- Performance and Payment Bonds
- General Liability Insurance
- Contractor Fee
- Necessary General Conditions to support all trades
- Utility Extension Allowances
- Blocking & Backing for all Trades
- Window Coverings
- Site Amenities
- Providence supplied Furniture, Furnishing and Equipment (allowance)
• Other Exclusions
- Builder's Risk Insurance
- E- builders license
- Design Fees
- Engineering
- Seismic Design
- Special Inspections and Testing
- Permits
- Site Fencing
- Rock Blasting
- 3r Party Quality Control Program
- Hazardous Material Removal
- Generator Fuel
- FM Global Design Standards
• Bid Clarifications and Assumptions :
Due to lack of Document completeness numerous assumptions have been made
to develop the Guaranteed Maximum Price Proposal. The main assumption is
that structural design, finishes, components and systems will remain similar to
those installed at the existing Providence Alaska Cottages Project, located at
Compassion Circle, Anchorage, AK. The items listed below were utilized to
determine Guaranteed Maximum Price Pricing based on the Providence Alaska
Cottages Design:
- Steel Extents and Details - Toilet Accessory Requirements
- Framing and Truss Details - Commercial Kitchen Extents
- Interior Trim and Finish Carpentry - Residential Appliances Selections
- Lap and Board and Batten Siding - Casework Extents
- Door Frame, Wood Door and - Window Coverings
Hardware Requirements - Mechanical Design
- Interior Glazing Extents - Sprinkler Design
- Interior Finish Material Selection - Electrical Design
Page 5
Final GMP - Update
• Allowances (included in the Guaranteed Maximum Price):
- Permanent Utility Extensions $ 37,500
- Monument Sign $ 10,000
- Interior Glazing $ 17,920
- Commercial Kitchen $ 289,197
- Providence FFE Package and Management $ 1,451,010
- Expanded Parking Lot Option $ 105,821
• Unit Pricing (In the Guaranteed Maximum Price):
- None
5. PROPOSED GUARANTEED MAXIMUM PRICE
Please reference Section 1 for the proposed Guaranteed Maximum Price, including schedule of
values and the Construction Manager's fee.
6. PROPOSED SCHEDULE
Please reference Section 2 for the proposed schedule, including schedule of values and the
Construction Manager's fee.
Davis recognizes the Substantial Completion Date as March 31, 2014.
7. OWNERS ACCEPTANCE DATE
The owner must accept or reject the proposed Guaranteed Maximum Price by February 15,
2013. Upon notification of acceptance of the Guaranteed Maximum Price in writing before the
specified date the Guaranteed Maximum Price shall be deemed effective.
Page 6
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Section 1
Proposed Guaranteed Maximum Price
Project name KIBLTC Final GMP Update
Z Kodiak /'•�.,_
�t � Estimator LAB /JMP $
-at'? Labor rate table 2013 Southern 6 -10s leonstructors
/4i�' , b •a�
_ � & Equipment rate table Mass X Equip j engineers -i �'
nc.
i�� �7 ,1 Job size 21,560 sqft
!1 •'� ��µ Bid date 1/24/2013
Notes Final GMP updated with Permit Drawing Set, developed with the following information:
- Architects Alaska Permit Drawing Set - dated 12.10.2012, Civil 95% Progress Set - dated 12.21.2012
- Initial GMP Review Meeting with KIB - date 9.10.2012, Revised GMP Discussion - date 1.08.2013
- Preliminary subcontractor pricing
Sitework - Brechen
Concrete - Belarde
Lumber Package - SBS
Roofing - Rainproof
Tape & Paint - Arthun
Mechanical - SP &H
Sprinkler - GMW
Electrical - Alcan
- Updated subcontractor pricing
Sitework - Mass X
Lumber Package - SBS
Mechanical - SP &H
Electrical - Alcan
- Includes FFE package by Providence - dated 1.9.2013
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Oty
DIVISION 01 GENERAL CONDITIONS
01- 1010 Bonds
Surety Bond 1.00 Isum - - - - 108,546 108,546
01- 1012 General Liability
General Liability Insurance 1.00 Isum - - - - 60,742 60,742
01- 1015 Builder's Risk Insurance
Builders Risk Insurance - Isum - - - - - -
01- 1016 Special Insurance
Equipment Rental Insurance 1.00 Isum - - - - 3,200 3,200
Workers Comp Endorsement 1.00 Isum - - - - 12,500 12,500
01- 1020 Permits
Building Permit - by Owner - Isum - - - - - -
01- 1021 Bid Expense
Bid Expense 1.00 Isum - - - - 4,500 4,500
01- 1023 Mail & Speed Packs
Mail Speed Packs 11.00 mnth - - - - 2,750 2,750
01- 1024 Fuel /Maintenance
Fuel /Maintenance 11.00 moth - 13,750 - - - 13,750
01- 1040 Project Manager
2013.01.23 KIBLTC Final GMP.xlsz 1 of 16
Div: Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Qty
Project Manager - week - - - - • - -
01- 1041 Project Engineer
Project Engineer 48.00 week 144,000 - - - - 144,000
01- 1042 Superintendent
Superintendent 56.00 week 243,536 - - - - 243,536
01- 1043 Project Secretary / Admin
Project Secretary / Admin 49.50 week 21,236 - - - - 21,236
01- 1046 Payroll Clerk
Payroll Clerk 58.00 week 6,948 - - - - 6,948
01- 1050 Surveying
Project Survey 4.00 acre - - 34,000 - - 34,000
01- 1055 Layout
Building Layout 1.00 each 13,468 - - - - 13,468
01- 1150 Engineering Fees
Structural Engineering Support 1.00 Isum - - 7,500 - - 7,500
01- 1200 Travel 8 Subsistence
Travel 100.00 each - - - - 45,000 45,000
Hotel 55.00 day - - - - 5,500 5,500
Meals 100.00 mndy - - - - 3,000 3,000
Subsistence - Room and Board 2,575.00 mndy - - - - 128,750 128,750
Automobile Rental 55.00 day - - - - 4,125 4,125
01- 1280 Safety
Safety Meetings 11.00 mnth 6,958 - - - - 6,958
First Aid Equip 8 Safety Supplies 11.00 mnth - 5,500 - - - 5,500
Drug Testing 50.00 each - - - - 2,500 2,500
01- 1330 Traffic Control
Temporary Signage 12.00 each 794 1,200 - - - 1,994
Temp Barricades 10.00 each 331 500 - - - 831
01- 1335 Security
Security Control 5.00 mnth - - 25,000 - - 25,000
01- 1350 SWWP
SWWP - Plan 1.00 Isum - - 5,000 - - 5,000
SWWP - BMP Measures 35.00 each 5,453 - 35,000 - - 40,453
01- 1410 Quality Control
Quality Control Systems Manager - week
- - - - -
Quality Control Systems - week - - - - - -
01- 1420 Testing
UBC Special Inspection 1.00 Isum - - 11,250 - - 11,250
01- 1460 Communications
E- Builder Licenses - by owner - mnth
- - - - -
01 -1470 Phone /Data
Long Distance Charges 11.00 mnth - - - - 4,400 4,400
Cell Phones 11.00 mnth - - - - 3,300 3,300
01- 1475 Photos
Job Photographs 1.00 Isum - - - - 2,500 2,500
01- 1480 Plans
2013.01.23 KIBLTC Final GMP.xlsx 2 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
,Qty _
Plans / Reproduction 75.00 each - 10,000 - - - 10,000
01- 1495 Project Closeout (5% per GCs)
O & M manuals 6.00 each 2,888 1,650 - - - 4,538
Video Training Taping 6.00 each - - 6,000 - - 6,000
As- Builts 150.00 shet - - - - 1,650 1,650
Punchlist 0.30 Isum 4,489 3,750 10,500 - - 18,739
01- 1500 Temporary Water
Temporary Water 11.00 mnth 7,281 - 7,150 - - 14,431
01- 1516 Temporary Toilets
Temp Toilet (Rent) 33.00 mnth - 11,550 - - - 11,550
01- 1520 Temporary Heat
300K Btu Sureflames 360.00 day 23,828 - - 14,400 18,000 56,228
Temp Fuel Utility Charges 7.00 ninth - 12,250 - - - 12,250
01- 1521 Temporary Electric
Temp Electric Installation 1.00 Isum - 2,500 5,000 - - 7,500
Temp Electric Utility Charges 11.00 mnth - - - - 34,100 34,100
Temp Jobsite Power /Pole Set 1.00 Isum - - 10,000 - - 10,000
Temp Lights - Inside Building 40.00 week 13,238 10,871 - - - 24,109
Generator 11.00 ninth - - - 22,000 36,135 58,135
01- 1530 Temporary Fence
Temp Fence Gates 2.00 each 1,986 5,000 - - - 6,986
Temp Fence 500.00 Inft 1,324 - 12,500 - - 13,824
01- 1550 Temporary Cover
Temporary Cover @ Foundation 20,000.00 sqft 22,446 5,250 9,000 - - 36,696
01- 1580 Job Sign
Job Sign (Buy New) 1.00 each 341 1,500 - - - 1,841
01- 1590 Project Office
Project Office Trailer - 40' 11.00 mnth 470 393 - 9,900 - 10,763
Crew Trailer- 32' 11.00 mnth 470 196 - 6,655 - 7,321
Office Supplies 11.00 mnth - 3,300 - - - 3,300
01- 1591 Storage Trailer
Storage Trailer 11.00 mnth - - - 5.500 - 5,500
01- 1600 Expediting
Expeditor 48.00 week 21,600 - - - - 21,600
01- 1610 Freight
Misc. Freight - ANC - Kodiak 65,000.00 Ibs - 29,250 - - - 29,250
Miscellaneous Air Freight 35,000.00 Ibs - 40,250 - - - 40,250
01- 1616 Offloading / Staging
Material Handling 340.00 hour 22,505 - - - - 22,505
01- 1625 Mob / Demob
Mobilization 1.00 Isum 5,986 1,500 - - 7,500 14,986
Demobilization 1.00 Isum 8,978 750 - - 1,500 11,228
01- 1640 Tools & Equipment
•
Small Tools & Consumables 30,000.00 hour - 30,000 - - - 30,000
01- 1650 Jobsite Pickups
Jobsite Pickups 96.00 week - - - 24,000 - 24,000
2013.01.23 KIBLTC Final GMP.xlsx 3 of 16
Div. Phase Description Takeoff Unit Labor • Material Subcontract Equipment Other Total
Qty
01- 1651 Forklift
Forklift - 8000 # - 40' Squirt Boom 11.00 mnth - - - 38,500 5,500 44,000
01- 1652 Platform Lifts
Exterior Platform Lift - 60' 3.00 mnth - - - 12,000 1,500 13,500
Interior Platform Lift - 31' 9.00 mnth - - - 16,200 - 16,200
01 -1653 Backhoe
Backhoe 1.00 mnth - - - 3,000 500 3,500
01- 1655 Cranes
Crane 0.50 mnth - - 625 3,750 1,250 5,625
01- 1680 Scaffold
Rented Scaffold 2,500.00 sqft - - 6,563 - - 6,563
01- 1710 Continuous Cleanup
Current Cleanup 48.00 week 63,542 2,400 - - - 65,942
01- 1715 Final Cleanup
Final Cleanup 21,560.00 sqft - - 32,340 - - 32,340
01- 1725 Dumpster
Dumpster Fees 1,200.00 tons - 42,000 - - - 42,000
01- 1850 Snow Removal
Site Snow Removal 5.00 each - - 10,000 - - 10,000
Roof / Bldg Snow Removal 10,000.00 sqft 6,619 - - - - 6,619
01- 1900 Commissioning
Commissioning 21,560.00 sqft 7,497 216 - - - 7,713
01- 1960 Permanent Utilities
Electric Meters & Service - by utility - Isum - - - - -
Water Line Meter 1.00 each - - - - 2,500 2,500
Telephone & Comm Service 1.00 Isum - - - - 35,000 35,000
DIVISION 01 SUBTOTAL GENERAL CONDITIONS 658,212 235,526 227,428 155,905 536,448 1,813,519
DIVISION 02 SITE IMPROVEMENTS
02- 2001 Sitework Sub
Site Demolition 1.00 Isum - 5,247 - - 5,247
Sitework Mobilization 1.00 Isum - - 119,551 - - 119,551
Excavate Organic Mat 22,022.00 cuyd - - 119,606 - - 119,606
Mass Excavation 3,300.00 cuyd - - 13,614 - - 13,614
Excavation - Foundation 18,440.00 sqft - - 21,768 - - 21,768
On -site Fill & Compact 4,856.00 cuyd - - 21,366 - - 21,366
Dispose Unsuitable Material 22,022.00 cuyd - - 436,252 - - 436,252
Classified Import 17,780.00 tons - - 487,933 - - 487,933
Storm Drain 410.00 Inft - - 45,647 - - 45,647
Sanitary Sewer 910.00 Ink - - 171,366 - - 171,366
Water System 1,200.00 Inft - - 238,835 - - 238,835
Finish Grade SOG 18,400.00 sqft - - 22,006 - - 22,006
Backfll Foundation 1.00 Isum - - 17,897 - - 17,897
Geotextile 56,000.00 sqft - - 9,691 - - 9,691
Finish Grade Pavement 38,200.00 sqft - - 14,576 - - 14,576
Finish Grade & Excavate Beds Landscape 66,000.00 sqft - - 30,818 - - 30,818
2013.01.23 KIBLTC Final GMP.xlsx 4 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Qty
Finish Grade Sidewalks 7,000.00 sqft - - 11,946 - - 11,946
Finish Grade Curb 430.00 Inft - - 2,488 _ 2
2" Rigid Insulation transitions 5,000.00 soft 4,679 4,923 - - - 9,602
02- 2025 Paving
2" D -1, 2" Asphalt Paving 21,565.00 sqft - - 145,564 - - 145,564
2" D -1, 2" Asphalt Paving © Access Road 13,200.00 soft - - 89,100 - - 89,100
Asphalt Patch 2,000.00 sqft - - 13,500 - - 13,500
02- 2036 Pavement Markings
Parking Lines 2,180.00 Ink - - 4,360 - - 4,360
02- 2071 Building Exc. Layout
Layout Footing Excavation 866.26 cuyd 3,154 - - - - 3,154
02- 2076 Finegrade Footings
Shape & Grade Footing 5,527.00 soft 4,024 - - - - 4,024
02- 2078 Fine Grade
Fine Grade 18,500.00 sqft 13,470 - - - - 13,470
02- 2087 Backfill Foundation
Backfill Footings 672.97 cuyd 2,450 - - 2,776 - 5,226
02- 2135 Fencing
6' patio screen fence 140.00 Ink - - 17,500 - - 17,500
Relocate Chain Link Fence 280.00 Ink - - 12,600 - - 12,600
02- 2140 Landscaping
Topsoil 337.00 cy - - 67,400 - - 67,400
Landscaping Subcontractor 25,000.00 sqft - - 25,000 - - 25,000
02- 2208 Clearing & Grubbing
Clear & Grub - Dense land 4.00 acre - - 60,000 - - 60,000
02- 2400 Retaining Wall
Retaining Wall Footing 60.00 cuyd 33,669 16,695 - - - 50,364
6 -10' Retaining Wall 265.00 Ink 39,655 46,375 19,875 - - 105,905
Retaining Wall Excavation & Fill 265.00 Ink - - 11,130 - - 11,130
02- 2528 Concrete Sidewalks
Rigid Insulation for Snow Melt 4,125.00 sqft 3,067 3,630 - - - 6,697
6" Utility Pads 500.00 sgft - 2,650 3,250 - - 5,900
4" Sidewalk 3,000.00 soft - 9,938 19,500 - - 29,438
6" Sidewalks - Heated 3,750.00 soft - 19,875 24,375 - - 44,250
6" Patios - Standard 1,060.00 sqft - 5,618 6,890 - - 12,508
02- 2600 Concrete Curb
Curb Subcontractor @ Building 450.00 Ink - 6,814 11,250 - - 18,064
Curb Subcontractor @ access road 850.00 Ink - 12,871 21,250 - - 34,121
Curb Repair 200.00 Inft - 3,029 5,000 - - 8,029
02- 2860 Bicycle Racks
Bicycle Racks in design development 2.00 each 583 2,200 - - 1,100 3,883
02- 2870 Site Amenities
Benches 2.00 each 659 880 - - - 1,539
02- 2880 Bollards /Metal Gates
6" dia. Steel Bollards 8.00 each 2,633 11,000 - - - 13,633
02- 2930 Dumpster Screening
2013.01.23 KIBLTC Final GMP.xlsx 5 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Oty ,
Screen Wall 3,150.00 sqft 6,481 8,663 - - - 15,144
02- 2940 Site Signage
Traffic Control Signs 20.00 each 3,292 5,500 - - - 8,792
02- 2960 Monument Sign
Monument Sign 1.00 each - - 10,000 - - 10,000
DIVISION 02 SUBTOTAL SITE IMPROVEMENTS 117,816 160,660 2,358,151 2,776 1,100 2,640,503
DIVISION 03 CONCRETE
03- 3001 Concrete GCs
Concrete GCs 3.00 week - - - - 16,500 16,500
03- 3040 Foundation Holddown
HD -1 HD3B, 5/8" anchor bolt, embedded 8" 22.00 each 905 441 - - - 1,346
HD -2 HD5B, 5/8" anchor bolt, embedded 8" 35.00 each 1,440 1,023 - - - 2,463
HD -3 HD7B, 7/8" anchor bolt, embedded 8" 37.00 each 3,045 1,552 - - - 4,597
HD -4 HD98, 7/8" anchor bolt, embedded 8" 2.00 each 329 105 - - - 433
03- 3101 Footing Concrete
Footing Conc 4000 psi 309.46 cuyd 12,378 94,717 - - - 107,095
03- 3105 Footing Forms
Foot Form 2x12 Random Length 2,026.00 Inft 16,675 11,701 - - - 28,376
3/4" Plywood Forms 3,597.75 sqft 29,610 20,777 - - - 50,387
03- 3116 Set Grade Pins
Set Grade Pins at Footing 845.00 Ink 615 186 - - - 801
03- 3126 Pilaster Forms
Pilaster Forms - Patent System 672.00 sqft 11,062 1,959 - - - 13,021
03- 3127 Pilaster Concrete
Pilaster Conc 4000 psi 8.30 cuyd 1,365 2,539 - - - 3,904
03- 3181 S.O.G. Concrete
S.O.G. Cone 4000 psi 342.00 cuyd 12,450 104,678 - - - 117,128
03- 3194 S.O.G. Bulkheads
Bulkhead 2x6 Random Length 125.00 Inft 1,543 361 - - - 1,904
03- 3200 Reinforcing Steel
Sub Rebar #3, Grade 60 1,344.00 Ink - 363 291 - - 654
Sub Rebar #4, Grade 60 38,244.00 Ink - 18,362 14,690 - - 33,052
Sub Rebar #5, Grade 60 8,266.00 Inn - 6,195 4,956 - - 11,151
'4'M M Sheets - Walks 6x6 6/6 182.00 sq - 9,555 3,640 - - 13,195
03- 3482 Sawcut Slab joints
Sawcut Slab Joints 1,370.00 Ink 998 1,507 - - 5,275 7,779
03- 3755 Pumping
Pumping 659.75 cuyd - - 32,988 - - 32,988
03- 3805 Strip /Oil Forms
Strip /Oil Forms- Footings 3,945.75 sqft 4,871 342 - - - 5,213
Strip /Oil Forms -Piers 672.00 sqk 1,659 58 - - - 1,717
Strip /Oil Forms- Bulkheads 125.00 sqft 206 11 - - - 217
03- 3815 Protect & Cure
CS 309 Curing Compound 185.00 sq 2,021 1,283 - - - 3,303
03- 3820 Concrete Finish
2013.01.23 KIBLTC Final GMP.xlsx 6 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Qty
Screed & Trowel Finish 18,500.00 sqft - - • 55,500 - - 55,500
03- 3830 Rub, Cut & Patch
Rub, Cut, & Patch 504.00 sgft 2,074 286 - - - 2,360
03- 3845 Chamfer Strip
Chamfer Strip (3/4 ") 1,008.00 Ink 1,244 292 - - - 1,536
03- 3935 Snapties
Pilaster Snapties (All Types) 210.00 each - 462 - - - 462
03- 3960 Anchor Bolts
Anchor Bolt 3/4" x 12" 128.00 each 2,107 845 - - - 2,951
Anchor Bolt 5/8" x 12" - Titen HD 830.00 each 13,662 6,848 - - - 20,510
DIVISION 03 SUBTOTAL CONCRETE 120,256 286,445 112,065 - 21,775 540,541
DIVISION 05 STEEL
05- 5120 Columns
3X3X1/4 Tube Steel Column 1,756.00 Ibs 1,445 2,897 - - 580 4,923
05- 5125 Beams
W 12 x 40 Steel Beam 2,120.00 Ibs 872 3,498 - - 700 5,070
05- 5175 Misc Struct Item
Misc Structural Item based of sqft (wood job) 21,560.00 sqft 3,549 17,787 - - 2,372 23,707
05- 5520 Pipe Handrails
Pipe Handrails 12.00 Ink 246 990 - - 594 1,830
05- 5530 Ladders
Ladders 1.00 each 246 1,650 - - 550 2,446
05- 5910 Grout Base Plate
Grout Base Plates 8.00 each 329 167 - - - 496
DIVISION 05 SUBTOTAL STEEL 6,688 26,990 - - 4,795 38,473
DIVISION 06 WOOD & PLASTICS
06- 6001 Carpentry Foreman
Carpentry Foreman 60hrs - 1/2 time 4.00 week 10,770 - - - - 10,770
06- 6002 Framing GCs
Framing Subcontractor GC's 1.00 mnth - - - - 22,000 22,000
Freight 15.00 load - - - - 57,750 57,750
06- 6084 HU Joist Hanger
HU 2x14 Joist Hanger 498.00 each 2,562 8,217 - - - 10,779
06- 6100 MISC Lumber & Framing
Miscellaneous Lumber 21,560.00 sqft 58,049 35,574 - - - 93,623
06- 6106 Prefab Wall Panels
Potain Electric Tower Crane 420.00 hr 37,695 - - 34,650 - 72,345
Prefab Framed Panels - Install (21560 sqft) 21,560.00 sqft 145,124 - - - - 145,124
Walt Panel Supplier- (21560 sqft) 21,560.00 sqft - 177,870 - - - 177,870
06- 6107 Misc. Blocking
Fire Treated R.L.2x4 3,000.00 Ink 6,173 5,198 - - - 11,371
Fire Treated R.L.2x8 1,000.00 Ink 2,058 1,733 - - - 3,791
06- 6117 Roof Rafter 2x
Struct 2 x 14 x 30'Roof Rafter 70.00 each 5,761 6,226 - - - 11,987
2013.01.23 KIBLTC Final GMP.xlsx 7 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Qty
Struct 2 x 14 x RL'Roof Rafter 44.00 each 3,621 3,914 - - - 7,535
Struct 2 x 14 R.L. Fire Block 1,191.00 Inft 4,902 5,289 - - - 10,190
06- 6124 Wood Joist BC!
14" Red -I45 (all lengths) 3,380.00 Inft 9,736 14,640 - - - 24,376
14" R.L. Blocking 825.00 Ink 3,395 3,573 - - - 6,967
06- 6125 Trusses
Wood Trusses (all sizes) - long span option 241.00 each 79,339 136,527 - - - 215,865
Blocking @ Panel Edges 928.00 Inft 2,291 1,340 - - - 3,631
Blocking Rat Runs 2,700.00 Inft 11,111 3,898 - - - 15,010
06- 6150 Wood Columns
Column 6 x 6 x 10 21.00 each 1,728 1,213 - - - 2,941
06- 6180 Glu -Lam Beam
31/8 "x12" Arch GIu Lam Beam 78.13 bdft 206 865 - - - 1,070
31/8 "x 9" Arch Glu Lam Beam 993.75 bdft 2,617 14,715 - - - 17,332
51/8 "x12" Arch GIu Lam Beam 71.75 bdft 189 485 - - - 674
51/8 "x131/2" Arch GIu Lam Beam 1,522.13 bdft 4,008 9,141 - - - 13,149
51/8 "x21" Arch GIu Lam Beam 717.50 bdft 1,772 2,640 - - - 4,412
5 1/8" x 6" Arch GIu Lam Column 533.00 bdft 4,387 6,864 - - - 11,251
06- 6200 Finish Carpentry
6" MDF Crown 2,168.00 Inft 10,196 3,148 - - - 13,344
8" MDF Chair Rail 1,280.00 Inft 6,020 1,859 - - - 7,879
Door Trim 2,840.00 Inft 13,356 4,124 - - - - 17,480
Standing & Running Trim 1,120.00 Inft 5,267 1,626 - - - 6,893
Clear Stained Solid Wood Trim 1,392.00 Ink 6,546 22,738 - - - 29,284
8" Clear Stained Base @ Patient Rooms - Ink - - - - - -
8" Clear Stained Base © Common Area 500.00 Inft 2,352 8,168 - - - 10,519
4" MDF Running Trim @ Patient Rooms 1,720.00 Ink 8,089 2,497 - - - 10,586
Corbels 48.00 each 1,976 5,280 - - - 7,256
06- 6230 Plywood Sheathing
Sheathing 3(4" T &G BC Plywood 3,975.00 sqft 4,907 5,876 - - - 10,783
Sheathing 3/4" Cdx Plywood (sloped roofs) 23,500.00 sqft 38,682 34,742 - - - 73,424
Sheathing 3/4" BC F.Retard (misc) 2,500.00 sqft 3,087 3,696 - - - 6,783
06- 6615 Soffit
Soffit 3,056.00 sqft 15,806 6,723 - - - 22,529
06- 6820 Nails
Nails - 8d common 25,000.00 each - 2,888 - - - 2,888
Nails - 16d common 45,000.00 each - 8,663 - - - 8,663
DIVISION 06 SUBTOTAL WOODS & PLASTICS 513,777 551,947 - 34,650 79,750 1,180,124
DIVISION 07 THERMAL & MOISTURE PROTECTION
07- 7110 Vapor Barrier
8 mil Poly Vapor Barrier - Walls - 10,475.00 sqft 2,463 1,210 - - - 3,673
8 mil Poly Vapor Barrier - Roof - 23,225.00 sqft 5,462 2,683 - - - 8,144
10 mil Poly Vapor Barrier - Slab 19,000.00 sqft 3,127 3,292 - - - 6,420
Home Slicker Plus Typar Barrier 8,675.00 sqft 7,140 10,020 - - - 17,160
07- 7210 Batt Insulation
2013.01.23 KIBLTC Final GMP.xlsx 8 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Qty.
. Batt Insulation MISC 4,500.00 sqft 1,233 520 - - - 1,753
Batt Insulation 3.5" x 15.5" 11,430.00 sqft 4,704 3,300 - - - 8,004
Batt Insulation 6.0" x 15.5" 16,030.00 sqft 6,597 8,331 - - - 14,928
Batt Insulation 12.0" x 23.5" - 2 layers 37,120.00 sqft 12,220 40,730 - - - 52,950
Batt Insulation 12.0" x 23.5" - 1 layer 3,860.00 sqft 1,271 4,235 - - - 5,506
07- 7215 Board Insulation
2.0" Board under SOG 18,600.00 sqft 3,061 20,409 - - - 23,471
4.0" Board under Freezer /Fridge 170.00 sqft 28 393 - - - 420
Below grade insulation - foundation walls 1,630.00 sqft 2,683 1,789 - - - 4,472
Below grade insulation - perimeter of bldg 3,260.00 sqft 2,683 3,577 - - - 6,260
07- 7312 Asphalt Shingles
Asphalt Shingles 23,225.00 sqft - - 89,640 - - 89,640
07- 7402 Flashing
16" Foundation Flashing 24ga 831.00 Inft 3,420 6,719 - - - 10,139
Window & Door Flashing 24ga 690.00 Inft 2,839 3,985 - - - 6,824
07- 7462 Cementitious Siding
Lap Siding - stained 6,640.00 sqft 40,986 30,677 - - - 71,663
Vertical Siding w/ 2' Battens - prefinished 2,035.00 sqft 12,561 9,402 - - - 21,963
07 -7465 Siding Trim
Siding Trim - 6" Horizontal 2,436.00 Ink 16,039 7,035 - - - 23,074
Siding Trim - 6" Vertical 906.00 Ink 5,965 2,616 - - - 8,581
Siding Trim - Doors & Windows 1,300.00 Inft 8,559 3,754 - - - 12,313
Siding Trim - Fascia 2 x 12 2,025.00 Ink 13,333 7,017 - - - 20,350
Siding Trim - Fascia 2 x 6 2,025.00 Ink 6,666 5,848 - - - 12,514
07- 7740 Roof Vents
Attic Vents - Revised Detail 10.00 each 13,168 9,075 - - - 22,243
07- 7920 Caulk & Sealants
Fire Caulking 21,560.00 sqft 3,549 1,305 - - - 4,853
Caulk & Sealants (Sqft $) 21,560.00 sqft 3,549 712 - - - 4,260
Board Insulation Adhesive 2,430.00 Ink 800 669 - - - 1,469
Black Death Caulking 1,425.00 Ink 1,564 157 - - - 1,722
Caulk & Sealants 4,630.00 Ink 3,810 765 - - - 4,575
DIVISION 07 SUBTOTAL THERMAL & MOISTURE PROTECTION 189,478 190,223 89,640 - - 469,341
DIVISION 08 DOORS & WINDOWS
08- 8111 Hollow Metal
Timely Door Jambs 94,00 each 11,605 15,510 - - - 27,115
Timely Pocket Door Jambs 1.00 each 123 165 - - - 288
Timely Sidelight Frames 4,00 each 659 1,100 - - - 1,759
Hollow Metal Doors & Frames 24.00 each 5,432 29,700 - - - 35,132
08- 8200 Wood Doors
Wood Doors w/ Timely Frames 102.00 each 12,592 84,150 - - - 96,742
Laundry Room Pocket Door 1.00 each 227 825 - - - 1,052
08- 8360 Overhead Doors
Overhead Doors 1.00 each - - 4,750 - - 4,750
08- 8490 Aluminum / Glazing Sub
2013.01.23 KIBLTC Final GMP.xlsx 9 of 16
- Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total.
Qty
Relite Glazing 70.00 sqft - - 6,300 .. - 6,300
Glass Mirrors 28.00 each - - 11,620 - - 11,620
08- 8515 PVC Windows
Type 1 - Sliding Style A: 4' -6" x 5-0" 26.00 each 4,280 17,697 - - - 21,977
Type 2 - Fixed Style B: 4' -8" x 4' -6" 4.00 each 659 2,541 - - - 3,200
Type 3 - Fixed Style B: 6' -0" x 4' -4" 6.00 each 1,234 4,719 - - - 5,953
Type 5 - Fixed Style B: 4' -8" x 4' -0" 2.00 each 411 1,130 - - - 1,541
Type 6 - Fixed Style 3: 7' -0" x 4' -9" 4.00 each 1,152 7,315 - - - 8,467
Type 7 - Fixed Style B: 7' -0" x 3' -9" 4.00 each 1,152 5,775 - - - 6,927
Type 44 - Fixed Style B: 1' -10" x 4' -4" 8.00 each 1,646 1,923 - - - 3,568
Type 48 - Fixed Style B: 4' -0" x 2' -0" - each - - - - - -
08- 8570 Window Stools
Window Stools (Corian) 46.00 each 3,036 - 6,210 - - 9,246
08- 8710 Door Hardware
Finish Hardware at cottages 118.00 each 29,135 64,900 - - - 94,035
Laundry Room Pocket Door Hardware 1.00 each 823 330 - - - 1,153
Door Operators 6.00 each 1,976 33,000 - - - 34,976
DIVISION 08 SUBTOTAL DOORS 8 WINDOWS 76,140 270,779 28,880 - - 375,799
DIVISION 09 FINISHES
09- 9001 Metal Stud Foreman
Metal Stud Foreman 60hrs - 1/2 time 8.00 week 21,540 - - - - 21,540
09- 9002 Metal Stud General Conditions
Drywall Small Tools 2,000.00 hour - 4,400 - - - 4,400
Drywall Safety 40.00 hour 3,292 - - - - 3,292
Drywall Forklift 2.00 mnth - - - 8,800 1,100 9,900
Drywall Cleanup 8.00 week 23,299 880 - - - 24,179
Drywall Material Handling 80.00 hour 5,825 - - - - 5,825
Drywall Interior Platform Lift 2.00 mnth - - - 4,400 - 4,400
09- 9310 Ceramic Tile
Tile 1 - 2x2 patient bathroom floor 1,690.00 sgft - - 25,350 - - 25,350
Tile 2 - Floor Tile 470.00 sqft - - 7,050 - - 7,050
Wall Tile 1 - Patient bath Wall tile 4,536.00 sgft - - 68,040 - - 68,040
Wall Tile 1 - Spa Wall tile 205.00 sqft - - 3,075 - - 3,075
Wall Tile 1 - Public Bath Wall tile 595.00 sqft - - 8,925 - - 8,925
09- 9354 Int Stud Framing
Pins /Shots (All Sizes) 11,490.00 each - 5,574 - - - 5,574
1 1/2" Hat Channel 20ga. @ ceilings 24,662.00 lnft 10,149 14,243 - - - 24,391
1 1/2" Hat Channel 20ga. @ shared walls 6,270.00 Inft 2,581 3,621 - - - 6,202
Int. Stud RLx358 22ga. @ soffits & bulkheads 10,132.58 Inft 31,272 8,777 - - - 40,049
Int. Frame Std Stud 358x 8'22g @ soffits & bulkheads 192.00 each 3,950 1,267 - - - 5,217
Int. Frame Std Stud 600xRI 20g @ soffits & bulkhead: 463.00 Inft 1,525 484 - - - 2,009
Int. Frame Std Stud 600x 8'20g @ soffits & bulkheads 22.00 each 453 184 - - - 637
Int. Frame Std Stud 600x10'208 @ soffits & bulkhead. 30.00 each 617 314 - - - 931
Int. Frame Std Stud 600x11'208 @ soffits & bulkhead: 38.00 each 938 437 - - - 1,375
Int. Frame Std Stud 600x14'208 @ soffits & bulkhead: 77.00 each 2,852 1,126 - - - 3,979
2013.01.23 KIBLTC Final GMP.xlsx 10 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
• Qty .
Track: Standard, 20 ga, 6.00 " © soffits & bulkheads 326.00 Ink 939 376 - - - 1,316
Track: Standard, 22 ga, 3 -5/8" @ soffits & bulkheads 7,334.00 Ink 21,127 6,051 - - - 27,178
09- 9420 Int. Sheetrock
Sheetrock Screws (All Sizes) @ ceilings 22,420.00 sqft - 1,036 - - - 1,036
Sheetrock Screws (All Sizes) © all walls 74,100.00 sqft - 3,423 - - - 3,423
Sheetrock Screws (All Sizes) @ soffits & bulkheads 11,700.00 sqft - 540 - - - 540
Scrap Sheetrock @ ceilings 22,420.00 sqft 816 - - - 987 1,803
Scrap Sheetrock @ all walls 74,100.00 sqft 2,697 - - - 3,260 5,958
Scrap Sheetrock @ soffits & bulkheads 11,700.00 sqft 426 - - - 515 941
Stock Sheetrock @ ceilings 22,420.00 sqft 1,088 - - - - 1,088
Stock Sheetrock @ all walls 74,100.00 sqft 3,597 - - - - 3,597
Stock Sheetrock © soffits & bulkheads 11,700.00 sqft 568 - - - - 568
5/8" 4x8 Type C @ ceilings 22,420.00 sqft 30,999 14,243 - - - 45,242
Sheetrock Type X 5/8" x 12' @ all walls (less cement 69,500.00 sqft 96,096 44,150 - - - 140,246
Sheetrock Type X 5/8" x 12' © soffits & bulkheads 11,700.00 sqft 16,178 7,433 - - - 23,610
09- 9440 Cement Backer Board
Dens - Shield Tile Backer 5/8" 4,600.00 sqft 18,930 6,958 - - - 25,887
09- 9510 Acoustic Ceilings
Acoustic Ceilings - 2x4 1,680.00 sqft - - 8,400 - - 8,400
Acoustic Ceilings - 4x4 3,400.00 sqft - - 25,500 - - 25,500
09- 9860 Res Tile /Carpet
Floor Prep. 18,414.00 sqft 12,188 4,604 - - 1,841 18,633
Sheet Vinyl 3 - Commercial Kitchen Flooring 620.00 sqft - - 15,500 - - 15,500
Rubber Base - 1 650.00 !rift - - 1,300 - - 1,300
Rubber Base - 2 3,465.00 !rift - - 12,128 - - 12,128
Cove Base 370.00 Ink - - 1,665 - - 1,665
Carpet -1 11,450.00 sqft - - 62,975 - - 62,975
Sheet Vinyl 1 - Wood Look 1,040.00 sqft - - 6,762 - - 6,762
Sheet Vinyl 2 - BOH 1,045.00 sqft - - 6,795 - - 6,795
Carpet - 2 Walk of mat 181.00 sqft - - 2,715 - - 2,715
Sealed Concrete 1,290.00 sqft 1,096 1,613 - - - 2,709
Painted Mezz. Floor 3,035.00 sqft - - 7,588 - - 7,588
09- 9940 Tape- Paint -VWC
Subcontractor Firetape 69,564.00 sgft - - 86,955 - - 86,955
Tape & Paint @ patient room ceilings 7,690.00 sqft - - 19,225 - - 19,225
Tape & Paint @ patient room walls 17,640.00 sqft - - 44,100 - - 44,100
Tape & Paint © patient bath ceilings 1,400.00 sqft - - 3,500 - - 3,500
Tape & Paint © patient bath walls 1,570.00 sqft - - 3,925 - - 3,925
Tape & Paint @ walls 23,130.00 sqft - - 57,825 - - 57,825
Tape & Paint @ soffits & ceilings 11,700.00 sqft - - 29,250 - - 29,250
Paint Exposed Ext Glu -lams & T &G Plywood 1.00 Isum - - 15,000 - - 15,000
Paint Exterior Trim 8,692.00 Inft - - 17,384 - - 17,384
Paint Board & Batten 2,035.00 sqft - - 3,561 - - 3,561
Touch Up Paint 73,858.00 sqft - - 40,622 - - 40,622
09- 9957 Fiberglass Reinf. Panel
!PC Panel w/Trim 4,000.00 sqft 16,460 69,300 - - - 85,760
2013.01.23 KIBLTC Final GMP.xlsx 11 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Qty
IPC @ Patient Beds 1,536.00 sqft • 6,321 26,611 - - - 32,932
DIVISION 09 SUBTOTAL FINISHES 337,818 227,644 585,115 13,200 7,703 1,171,480
DIVISION 10 SPECIAL CONDITIONS
10- 10260 Corner Guard
96" S.S. Comer Guards 52.00 each 856 4,576 - - - 5,432
10- 10430 Signage
Interior Signage Doors 125.00 each 3,600 10,313 - - - 13,913
Interior Signage Safety/Code 10.00 each 288 825 - - - 1,113
Exterior Signage at Entrances 2.00 each 494 550 - - - 1,044
Building exterior Identifier Signage 1.00 each 246 2,200 - - - 2,446
Building Main Directory 1.00 each 83 2,750 - - - 2,833
10- 10522 Fire Extinguisher
Fire Ext Cab - Recessed 10.00 each 823 3,850 - - - 4,673
10- 10810 LS Toilet Access
Double Robe Hook 48.00 each 1,976 1,320 - - - 3,296
Tooth brush Tumbler 24.00 each 988 158 - - - 1,146
Soap Dish 24.00 each 988 792 - - - 1,780
Fem Napkin Dispenser & Disposal Unit 3.00 each 123 990 - - - 1,113
Toilet Seat Cover Dispenser 3.00 each 123 83 - - - 206
Paper Towel & Waste Receptacle 3.00 each 149 660 - - - 809
Stainless Stl Grab Bars Pods 532.00 Inft 10,946 14,630 - - - 25,576
Mop Hook Strip 4.00 each 165 220 - - - 385
Towel Hooks 48.00 each 1,976 1,320 - - - 3,296
Folding Shower Seat Change 24.00 each 2,963 10,296 - - - 13,259
Swing Up Grab Bar 48.00 each 5,926 9,240 - - - 15,166
DIVISION 10 SUBTOTAL SPECIAL CONDITIONS 32,712 64,772 - - - 97,484
DIVISION 11 EQUIPMENT
11- 11450 Commercial Kitchen
Commercial Kitchen 640.00 sqft 4,660 - - - - 4,660
Chrome Shelving 1.00 !sum - - 3,928 - - 3,928
Combo Walk In (cooler, freezer) 1.00 each - - 36,750 - - 36,750
Walk In Shelving 1.00 each - - 8,210 - - 8,210
Blast Chiller 1.00 each - - 4,500 - - 4,500
Pan Racks 1.00 each - - 1,250 - - 1,250
SS 72" Work Table 1.00 each - - 987 - - 987
SS 72" Shelf 1.00 each - - 195 - - 195
Food Mixer 1.00 each - - 9,320 - - 9,320
Salad Vegetable Dryer 1.00 each - - 215 - - 215
Produce Soak Systems 1.00 each - - 10,890 - - 10,890
SS Hand Sink 17" x 15" 2.00 each - - 940 - - 940
Proofer Holding Cabinet 1.00 each - - 2,580 - - 2,580
SS 96" Work Table w/ Sink 1.00 each - - 2,321 - - 2,321
SS 96" Shelf 1.00 each - - 265 - - 265
Trash Can 4.00 each - - 200 - - 200
2013.01.23 KIBLTC Final GMP.xlsx 12 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Qty
Ice Machine 1.00 each - - 2,500 - - 2,500
Reach in Freezer 1.00 each - - 4,425 - - 4,425
Plastic Shelving 5.00 each - - 543 - - 543
L Shaped SS 96 "x 96" Work Table 1.00 each - - 2,387 - - 2,387
SS 112" Shelf 1.00 each - - 325 - - 325
SS 96" Work Table w/ Sink & drawer 1.00 each - - 2,359 - - 2,359
SS 96" Shelf 1.00 each - - 235 - - 235
Slicer Stand 1.00 each - - 850 - - 850
Food Slicer 1.00 each - - 6,270 - - 6,270
Walk in Cooler with Refrigeration 1.00 each - - 8,315 - - 8,315
Plastic Shelving 10.00 each - - 1,112 - - 1,112
Dishtable (Soiled) 1.00 each - - 4,877 - - 4,877
Rack Shelves 9.00 each - - 1,440 - - 1,440
Hose Reel Assembly 1.00 each - - 3,105 - - 3,105
Vent Duct 2.00 each - - 1,030 - - 1,030
Dishwasher (Hobart conveyer) 1.00 each - - 17,670 - - 17,670
SS 108" Shelf 1.00 each - - 275 - - 275
Dishtable(Clean) 1.00 each - - 1,175 - - 1,175
Plastic Shelving 5.00 each - - 587 - - 587
Dome Storage Cart 2.00 each - - 2,410 - - 2,410
Fire Suppression System 1.00 each - - 7,010 - - 7,010
Wall Flashing 1.00 each - - 1,725 - - 1,725
Exhaust Hood 1.00 each - - 14,500 - - 14,500
Steamer 1.00 each - - 6,500 - - 6,500
Convection Oven - Gas 1.00 each - - 11,075 - - 11,075
Range 48" - Gas 1.00 each - - 6,060 - - 6,060
Kettle - Electric 1.00 each - - 7,320 - - 7,320
Tilting Skillet/Braising Pan 1.00 each - - 15,135 - - 15,135
Floor Trough 1.00 each - - 1,160 - - 1,160
Cook Holder Oven Cabinet - Electric 1.00 each - - 6,650 - - 6,650
Food Transport Cart 2.00 each - - 5,930 - - 5,930
Plastic Shelving 5.00 each - - 518 - - 518
Roll In Freezer 1.00 each - - 6,150 - - 6,150
Roll In Refrigerator 1.00 each - - 4,265 - - 4,265
SS 84" Shelf 2.00 each - - 450 - - 450
Power Soak Dish Sink 1.00 each - - 19,200 - - 19,200
Grease Interceptor - By Mechanical 1.00 each - - 500 - - 500
SS 96" Work Table 3.00 each - - 3,405 - - 3,405
Dish Heater 1.00 each - - 4,500 - - 4,500
Hot Food Serving Counter - Electric 1.00 each - - 3,068 - - 3,068
Cambro Carts 4.00 each - - 1,000 - - 1,000
Shelving Wire 4.00 each - - 280 - - 280
SS 24" Shelf 1.00 each - - 145 - - 145
Install 1.00 each - - 4,200 - - 4,200
Refrigeration Install 1.00 each - - 9,350 - - 9,350
11- 11452 Appliances & Equipment
2013.01.23 KIBLTC Final GMP.xlsx 13 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Qty
SBS GE Monogram Range Top 2.00 each 329 4,400 - - - 4,729
SBS MVP Corp Model 737 Dishwasher 4.00 each 659 26,400 - - - 27,059
SBS GE Warming Drawer 2.00 each 329 3,300 - - - 3,629
Kenmore Bottom Mount Fridge - SBS 2.00 each 329 4,400 - - - 4,729
SBS GE Monogram electric wall oven 2.00 each 329 4,400 - - - 4,729
SBS GE Monogram Microwave 2.00 each 329 1,430 - - - 1,759
SBS GE Monogram Hood 2.00 each 329 4,400 - - - 4,729
Dryer 2.00 each 659 2,200 - - - 2,859
Appliance Cord 2.00 each - 55 - - - 55
Washer 2.00 each 659 2,200 - - - 2,859
11- 11515 Fireplace
Fireplace 2.00 each 329 3,850 - - - 4,179
DIVISION 11 SUBTOTAL EQUIPMENT 8,939 57,035 284,537 - - 350,511
DIVISION 12 FURNISHINGS
12- 12300 Casework
Room Closets - each - - - - - -
Medicine Cabinets 24.00 each 2,963 19,800 - - - 22,763
Bench Seats - each - - - - - -
Vanities w/ Solid Surface countertops 24.00 each 7,901 39,600 - - - 47,501
Patient Bathroom Uppers 24.00 each 3,950 9,240 - - - 13,190
Spa Bath Vanity w/ Solid Surface countertops 1.00 each 659 1,815 - - - 2,474
Kitchen Base and Upper Cabinets 76.50 Inft 12,592 37,868 - - - 50,459
Break Room Cabinets 7.50 Inft 926 3,713 - - - 4,639
Adjustable Shelving 1.00 bldg 3,292 8,250 - - - 11,542
Laundry Plam Cabinet 10.00 Inft 1,234 4,400 - - - 5,634
Hearth Built in 2.00 each 13,168 13,200 - - - 26,368
Poplar Handrails and Brackets 400.00 Inft 6,585 11,000 - - - 17,585
12- 12510 Blinds
Blinds At Punched Windows 172 each 5x5 46.00 each 6,625 32,890 - - - 39,515
12- 12800 Install Owner FFE
Install owner supplied FF &E - allowance 21,560.00 sqft 8,514 - - - - 8,514
Contract FF &E package with PAMC 1.00 Isum - - - - 1,451,010 1,451,010
DIVISION 12 SUBTOTAL FURNISHINGS 68,410 181,775 - - 1,451,010 1,701,195
DIVISION 15 MECHANICAL
15- 15100 Mechanical System
Mechanical Subcontract 21,560.00 sqft - - 1,957,226 - - 1,957,226
15- 15300 Sprinkler System
Sprinkler System 21,560.00 sqft - - 172,480 - - 172,480
15- 15900 Mechanical Exclusions
Mechanical Exclusions 21,560.00 sqft 6,279 3,557 - - - 9,836
Mechanical Excay. & Backfill - Sitework Sub 1.00 Isum - - 24,059 - - 24,059
DIVISION 15 SUBTOTAL MECHANICAL 6,279 3,557 2,153,765 - - 2,163,601
DIVISION 16 ELECTRICAL
2013.01.23 KIBLTC Final GMP.xlsx 14 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Qty
16- 16100 Electrical System
Electrical Subcontractor 21,560.00 sgft - - 1,465,000 - - 1,465,000
Site Electrical 1.00 Isum - - 125,000 - - 125,000
Generator 1.00 each - - 360,000 - - 360,000
16- 16900 Electrical Exclusions
Electrical Exclusions 21,560.00 sgft 5,233 2,372 - - - • 7,604
DIVISION 16 SUBTOTAL ELECTRICAL 5,233 2,372 1,950,000 - - 1,957,604
ADD ALT #1 PARKING LOT ALLOWANCE
31000 Owner Allowances
Parking Lot Expansion Allowance 1.00 Isum - - 105,821 - - 105,821
ADD ALT #1 SUBTOTAL PARKING LOT ALLOWANCE - - 105,821 - - 105,821
TOTAL CONSTRUCTION COST 2,141,757 2,259,725 7,895,402 206,531 2,102,580 14,605,996
2013.01.23 KIBLTC Final GMP.xlsx 15 of 16
Div. Phase Description Takeoff Unit Labor Material Subcontract Equipment Other Total
Qty
COST BY DIVISION LABOR MATERIAL SUB • EQUIP OTHER TOTAL
DIVISION 01 GENERAL CONDITIONS 658,212 235,526 227,428 155,905 536,448 1,813,519
DIVISION 02 SITE IMPROVEMENTS 117,816 160,660 2,358,151 2,776 1,100 2,640,503
DIVISION 03 CONCRETE 120,256 286,445 112,065 - 21,775 540,541
DIVISION 05 STEEL 6,688 26,990 - - 4,795 38,473
DIVISION 06 WOOD & PLASTICS 513,777 551,947 - 34,650 79,750 1,180,124
DIVISION 07 THERMAL & MOISTURE PROTECTION 189,478 190,223 89,640 - - 469,341
DIVISION 08 DOORS & WINDOWS 76,140 270,779 28,880 - - 375,799
DIVISION 09 FINISHES 337,818 227,644 585,115 13,200 7,703 1,171,480
DIVISION 10 SPECIAL CONDITIONS 32,712 64,772 - - - 97,484
DIVISION 11 EQUIPMENT 8,939 57,035 284,537 - - 350,511
DIVISION 12 FURNISHINGS 68,410 181,775 - - 1,451,010 1,701,195
DIVISION 15 MECHANICAL 6,279 3,557 2,153,765 - - 2,163,601
DIVISION 16 ELECTRICAL 5,233 2,372 1,950,000 - - 1,957,604
ADD ALT el PARKING LOT ALLOWANCE - - 105,821 - - 105,821
TOTAL CONSTRUCTION COST 2,141,757 2,259,725 7,895,402 206,531 2,102,580 14,605,996
Construction Contingency 75,000
SUBTOTAL 14,680,996
Owner Contingency 75,000
SUBTOTAL 14,755,996
Construction Manager / General Contractor Fee 4.19% 618,350
TOTAL GMP PROPOSAL UPDATE 15,374,346
2013.01.23 KIBLTC Final GMP.xlsx 16 of 16
co constructors
!& engineers inc.
Section 2
Proposed Schedule
KIB LTC - Updated GMP Proposal 1 of 2 23- Jan -13
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A1590 Finalize Asse 5yPacket 10 24 -Jan-13 06-Feb-13
A103 B Assembly g knl 0 1 07Fb-13 __- -_, •SubmiI Assembly Packet
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_A1 CON Approval O 0 07Ma_13'
_A1 670 00 I EecloP Bond Disclosure Statement soul Sell Bonds 23_ 0- Mar 13 1 _ 1
AP00 Execu id CM Contract 0 00 71 •Execute CMC Contract
1 33 02 -J J -l-1it •
2D -Feb 131 7 36Fefi13
_011%g135% Design Development 25 1 23 02-Jul-121,07-Aug-.12 11
_D1080I95 % Parma Documents soowar ID I 2 42l Doc A - 12Oat2
D1PJOJKIB PM permit Dona and Comments 5 24 110 12f23Jen l 1D �
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= A1560J Review Proposals _ _ 45 ` 19 _ 10-Jul t0rg
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A1530 Prelim GMP Development (with site breakout) 1r 14-Aug-12 10-309-12 •=•• —
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A1540 Prelim GMP 0 11-S,12 r�..L
_A15101FiraIGMP Developmemfl CNC Proposal 7_17 11-Sep-42 265op1
A1900 IKIB GMP B Schedule Review 15 1 69 205e1r12 08-Jan-13
_ A1930IUoc1al Final GMP 5 1 1 09-Jan-13 23-Jan-13
A1550 IGMP Approved 0 1 114-Feb-13 •CMP Approved
14 Feo1% • 265op13
A1730 MEP Sn Process 15 I 114- Feo1]110]_Mar -13 ® 1
= A1910 CMI SdewoSrtew'aM1 Subcontractors Selection Pmcesss 15 �10.Feo131W a
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A180 Subcontract &Supplier Selection Process 50 21-Feb-13t.17-Jun-13 t
_A17700 IMeclarvcal Equipment I 90 I OB-Mar- 13 y18JUL1J k l
A1750 Electrical EMmpmem 115 i _408-Mar-13 22- Aug-13 — -- — - --
_A19201SubsurIace Material Procunnenl 1 15 1 108-Mar- 3126Mar -13 _ L�
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_ A100015isuMW11wlan +- 29 -Mar-13 28-Mar-13 t
A10101Grubbirvl, & BMPlnstallmm 229-Mar-13 02-Apr-13
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_ O0-Apr-13116pc
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A10I01Eledldel Underground 1 12-Apr- 13 -13 C,
A1880 She S h I MO 6 4 W
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A1040 Back011 MEP Rough In Grade r _ - ma -13 0
_ A1050 I Back 011 Grading Foundation Penmler 13JUm13: 14JUn,13 1
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A1110 RO c000t s rig y
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KODIAK ISLAND BOROUGH
_A , r AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.B.1
TITLE: Resolution No. FY2013 -22 Adopting the Kodiak Island Borough Strategic Plan
for the Years 2013 -2017.
ORIGINATOR: Clerk's Office Staff
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Resolution No. FY2013 -22; Strategic Plan
APPROVAL FOR AGENDA:
SUMMARY STATEMENT:
The Assembly held a strategic planning session on January 15, 2013, and the session
culminated in the preparation of Resolution No. FY2013 -22.
RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -22.
Kodiak Island Borough Page 1 of 1
1 Introduced by: Borough Assembly
2 Requested by: Borough Assembly
3 Drafted by: Borough Assembly
Introduced on: 02/07/2013
4 Adopted on:
5
6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO. FY 2013 -22
8
9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
10 ADOPTING THE KODIAK ISLAND BOROUGH
11 STRATEGIC PLAN FOR THE YEARS 2013 -2017
12
13 WHEREAS, the Kodiak Island Borough Assembly held a strategic planning session on
14 January 15, 2013; and
15
16 WHEREAS, this session culminated in the preparation of the Kodiak Island Borough
17 Strategic Plan for the years 2013 -2017; and
18
19 WHEREAS, the Kodiak Island Borough Strategic Plan outlines the Kodiak Island
20 Borough's mission, vision, and guiding principles; and
21
22 WHEREAS, the Kodiak Island Borough Assembly desires a formal adoption of the
23 Kodiak Island Borough Strategic Plan.
24
25 NOW, THEREFORE BE IT RESOLVED, BY THE KODIAK ISLAND BOROUGH
26 ASSEMBLY THAT that the Kodiak Island Borough Strategic Plan for the years 2013 -2017
27 which outlines the Kodiak Island Borough's mission, vision, and guiding principles is
28 hereby adopted.
29
30 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
31 THIS DAY OF FEBRUARY, 2013
32
33
34
35 KODIAK ISLAND BOROUGH
36
37
38
39 ATTEST: Jerome M. Selby, Borough Mayor
40
41
42
43 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough Resolution No. FY2013 -22
Page 1 of 1
1
2 Stand Ao
3
4 yt
8 9
ratioartit
18 . ,
11 STRATEGIC PLAN
12 (FISCAL YEARS 2013 -2017)
13 Adopted by the Kodiak Island•Borough Assembly
14
15 Resolution No. FY2013 -22
16
17 KODIAK ISLAND BOROUGH'S MISSION, VISION, AND GUIDING PRINCIPLES
18
19 I. MISSION
20 To provide quality service to the public in a fiscally responsible manner while fulfilling
21 Borough responsibilities and exercising powers required by Alaska Statute Title 29 and
22 the Kodiak Island Borough Code of Ordinances.
23
24 II. VISION
25 The Kodiak Island Borough Government is trusted and respected as a leader in
26 providing the highest quality, of services to the public in a cost effective, sustainable, and
27 efficient manner that is open, dynamic, and'focused.
28
29 III. OUR GUIDING'PRINCIPLES
30 •'
31 All citizens and employees throughout the Borough, regardless of abilities, will have
32 ready,access to our services add "facilities. Language and culture will not be barriers.
33 Our operations will belopen to the public and will ensure fair and equitable treatment
34 for all. "
35
36 • ACCOUNTABILITY
37 We will ensure public funds will be administered as required by State and Federal
38 laws in a manner that maximizes services in balance with available resources. We
39 will do so in full accordance with the law and in the public interest with the highest
40 degree of integrity.
41
42 • CUSTOMERS
43 We will operate in a customer - driven manner both internally and externally with a
44 focus on treating all persons with courtesy and respect. We will strive to provide the
45 highest quality service and ensure customer satisfaction.
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 1 of 15
46 • DIVERSITY
47 We will treat all citizens with dignity and respect. We will demonstrate through our
48 actions an understanding and appreciation for cultural diversity and individual
49 differences. Under no circumstances will harassment or discrimination of a sexual,
50 religious, or racial nature be tolerated.
51
52 • VALUED EMPLOYEES AND VOLUNTEERS
53 We will enable and encourage employees and volunteers to self manage their work
54 with the expectation that they are accountable for their decisions and actions. We will
55 strive to provide and maintain quality- working conditions along with providing the
56 resources necessary for success. While recognizing the importance of each
57 member's contributions to the operation, we will Nurture teamwork and recognize and
58 reward hard work, creativity, and innovation.
59
60 • PURSUIT OF EXCELLENCE
61 We are committed to quality and excellence, will strive for continuous improvements
62 and creativity, and will not be satisfied with "that's the way we have always done it."
63
64 • MISSION - DRIVEN
65 We will focus our efforts on the mission of the Kodiak Island Borough and not allow
66 needless rules and bureaucracy to get in the way of accomplishing our objectives.
67 Flexibility and responsiveness, with accountability, will be the principal boundaries of
68 our operation.
69
70 • INTEGRITY, LOYALTY, AND TRUST
71 Ethical conduct is paramount and we wilkwork to create an environment of trust and
72 loyalty based on open, honest, and positive interactions with whomever we have
73 , °Contact.
74 •
75 • `STEWARDSHIP
76 We are committed to and expect the most efficient use of the public's resources and
77 will strive to maximiie the life; value, and utility of the public property under our
78 trusteeship.
79
80 • TEAMWORK`,
81 We will work professionally and cooperatively together as a team with a spirit of
82 mutual respect to accomplish our mission, recognizing the important contributions
83 and solutions each member can bring to the operation.
84
85 IV. KODIAK ISLAND BOROUGH GOALS
86 The Kodiak Island Borough was created as a regional government to serve the public by
87 providing the primary functions of Education, Assessment
88 and Collection of Taxes, Land Use through Planning and Zoning,
89 Health, and General Administration. Other services include Mental and Physical
90 Health, Solid Waste Collection and Disposal, Parks and Recreation, Economic
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 2 of 15
91 Development, Animal Control, and Fire Protection and First Responder Emergency
92 Medical Services, and other services that will be provided when adopted by service
93 areas. It is our overall goal to provide these services in an efficient and cost effective
94 manner, taking into consideration a staffing and funding plan that strives for public
95 satisfaction. The following strategies are designed to accomplish these goals and are
96 modified annually to be used as a foundation for the design and implementation of the
97 Kodiak Island Borough's annual budget.
98
99 V. KODIAK ISLAND BOROUGH'S CORE STRATEGIES
100 Overall strategic theme: To build and maintain credibility, trust, and accountability to the
101 public. We must continually work to improve our services and allocate our resources
102 wisely. We must listen carefully to our citizens and to fully and effectively inform them of
103 how our actions are addressing their needs and concerns.
104
105 Table of Powers
106
107 MANDATORY POWERS
108 A. Education
109 B. General Administration and Finance
110 C. Tax Assessment and Collection
111 D. Planning and Zoning
112
113 ADOPTED POWERS
114 E. Emergency Services Planning
115 F. Community Health (restricted area - wide)'
116 G. Solid Waste Collection and Disposal (non area -wide, outside cities,
117 except City of Kodiak)
118 H. Parks and Recreation (non area -wide, outside cities)
119 I. Economic Development (non area -wide, outside cities)
120 J. Animal Control (non area -wide, outside cities)
121 K. Fire Protection and First Responder Emergency Medical Services
122 (service areas)
123 L. Road Maintenance and Construction (service areas)
124 M. Street Lighting (service areas)
125 \
126 A. Education Goals and Objectives
127 1. Pursue increased funding at the state and federal level to offset the local cost for
128 education.
129 a. Maintain a vigilant and active lobbying effort to ensure a strong voice for
130 education at the state and federal level.
131 b. Continue to actively participate and support regional organizations such as the
132 Alaska Municipal League and the Southwest Alaska Municipal Conference as
133 vehicles for increased funding for education.
1 This adopted power is restricted to Hospital and Mental Health services only.
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 3 of 15
134 c. Continue to support and pursue statewide Borough formation and school district
135 consolidation in order to create a fairer distribution of the cost of education.
136 d. Support legislative efforts to adopt a cost differential foundation formula program
137 that will address the additional cost of education in rural areas.
138 e. Encourage the Legislature to forward fund education.
139 f. Encourage the State Legislature to continue funding school construction and
140 major maintenance projects to the maximum.
141 g. Work with all educational programs through the state -wide workforce advisory
142 council to make curriculum adjustments for the long -term.
143
144 2. Continue to improve on our positive and cooperative working relationship and with
145 the Kodiak Island Borough School District (KIBSD) to maximize efficiency and
146 positive outcomes. •
147 a. Maintain an ongoing and open dialogue' between the Borough and KIBSD
148 including quarterly or as needed joint work sessions arid . as early as practicable
149 a preliminary specification of the Borough's contribution amount.
150 b. Annually review all in -kind projects and operations prior to .,budget preparations
151 by both bodies, and stipulate service. types, levels, and 'agreed costs and
152 financial plans. Provide annual funding for maintanence arid, renewal and
153 replacement projects on an ongoing basis.
154 c. Annually review with KIBSD all facilities and generate a comprehensive needs
155 and condition survey per building ,and as needed for incorporation into Item
156 A.2.b. which documents a short (one - year) -and long '(six-year) plan to address
157 funding, staffing, and projects to address any deficiencies for each facility.
158 d. Encourage.the KIBSD to fully fund annual maintenance needs of facilities.
159 e. Create a ..long -term fiscal plan for budget purposes that deals with the
160 contribution 'cap ,and the `fiscal shortfalls projected that minimizes negative
161 impacts on school district operations. and ensures solid educational programs
162 and adequate. maintenance and operations of school facilities.
163 .f.N Seek cooperative solutions to educational needs that are balanced, sustainable,
164 and effective.
165
166 3. Continue with the current momentum towards addressing the physical condition and
167 safety needs'of educational facilities to ensure safe, healthy, sustainable, and well-
168 maintained facilities thatare conducive to a positive learning environment.
169 a. Develop and with the planning, design, and construction of school and
170 related capital improvements within adopted budgets and as approved by the
171 voters.
172 b. Continue to seek funding for student safety projects including safe student
173 access to school facilities.
174 c. Build partnerships with other entities and seek additional funding for capital
175 improvements.
176 d. In conjunction with the school district, develop program plans that will improve
177 facility maintenance, renewal, replacement, and guide facility planning into the
178 future.
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 4 of 15
179 e. Develop a funding strategy that assures maintenance needs are adequately
180 funded.
181 f. Support vesatienal career technical educational programs that address regional
182 needs and include a cooperative effort between educational providers and
183 employers. Continue to support vocational opportunities and training.
184 g. Support local, federal, and state efforts to continue the NOAA Discovery Lab
185 Program.
186
187 B. General Administration and Finance Goals and Objectives
188 1. Create a fiscal plan that incorporates KIBSD funding and maintenance costs for all
189 Borough operations including enterprise funds to produce a reliable and
190 comprehensive plan reflecting assumptions and fiscal projections under the current
191 fiscal and political environment.
192 a. Create an annual review of potential financial resources for income of the Kodiak
193 Island Borough budget including but not limited to fisheries, logging, tourism,
194 Alaska Aerospace Corporation, fisheries and oceanic.research, and potential
195 federal and state funds.
196
197 2. Continue to provide reliable and competent accounting services to all Borough
198 departments and outside agencies.
199 a. Timely reconciliation of all accounts.
200 b. Prompt payment of all bills.
201 c. Preparation of a comprehensive annual financial report that meets the standards
202 of the Government Finance Officers Association. -
203 d. Prepare accurate and timely monthly financial reports.
204 e. Keep accurate records of all Borough,fixed assets.
205 f. Comply with \ terms and conditions of grants, including the reporting requirements
206 of -the Federal and State granting
207 g! Prepare' a,' Popular Annual Financial;Reporr that conforms to the standards of
208 ', , ,the Government, Finance Officers popular reporting program and mail to
209 , _ registered voters of Kodiak Island Borough.
210
211 3. To professionally manage the Borough's cash and investments, to include the corpus
212 of the Facilities Fund.
213 a. To manage the Borough's investment portfolio in the following order of
214 importance-.
215 i. Protect the investments of the Borough.
216 H. Provide liquidity to pay ongoing obligations of the Borough.
217 iii. Provide interest earnings to help defray the use of property taxes.
218 b. To monitor the banking agreement with our bank and issue and evaluate RFP's
219 for banking services.
220 c. To be proactive in the detection and prevention of fraud.
221
222 4. Provide a comprehensive risk management program for the Borough, including the
223 school district.
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 5 of 15
224 a. Identify all property that needs to be insured and determine appropriate values
225 and deductable limits.
226 b. Evaluate risk management coverage and financial condition of various insurers
227 and re- insurers.
228 c. Reduce risk by promoting safe practices by employees and identifying potential
229 hazards.
230
231 5. Prepare a budget each year for adoption by the Borough Assembly.
232 a. Ensure the budget meets the standards set by the Government Finance Officers
233 Association.
234 b. Ensure user fees cover the actual cost of providing the service unless a lower
235 level of funding has been approved by the Assembly to minimize general fund
236 subsidies of special services.
237 c. Pay for all recurring expenditures with recurring revenues and to use
238 nonrecurring revenues for nonrecurring. expenditures:
239 d. Have a positive undesignated fund balance of at least 15% of the previous year's
240 expenditures and transfers out and have a positive cash balance in all
241 governmental funds at the end of each fiscal year
242 e. Provide for adequate maintenance of capital plant and equipment and for its
243 timely replacement.
244
245 6. Maintain and shelter a diversified and stable revenue structure from short-run
246 fluctuations in any one revenue source.
247 a. Maintain a diversified and stable economic base by supporting policies that
248 promote tourism, fishing, agriculture, and commercial and industrial employment.
249 b. Institute standard user fees and charges for specialized programs and services,
250 where possible and reasonable. Rates will be established to recover operational
251 as -well as capital or debt service - costs.
252
253 7: To „provide safe -and efficient Information Technology (IT) Services to staff and the
254 Assembly
255 a. Provide current IT hardware, software and training to Borough employees and
256 Assembly in order to enhance efficiencies in the operations of Borough
257 business:
258 b. Ensure 'safety' of; Borough data and records through standardization,
259 documentation, and off -site backups.
260 c. Evaluate new software and hardware for use by the Borough, embracing
261 standardization and modernization.
262
263 8. Maintain and expand our internet presence.
264 a. Develop a communication plan to improve community education.
265 b. The web site should allow public access to meeting schedules, agendas,
266 packets, minutes, employment opportunities, requests for bids and
267 proposals, and review items. Staff shall continue to develop opportunity for
268 public input into the Borough operations.
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 6 of 15
269 c. The web site should allow public access to all Borough records that are not of a
270 confidential nature.
271 d. The web site should include access to a fully functional Geographic Information
272 System that can be manipulated by layers to show trails, wetlands, land
273 ownership, evacuation plans, and additional links to other public resources.
274 e. Use technology to increase communication between Kodiak Island communities.
275 f. Provide a popular social networking platform for the purpose of disseminating
276 information to the public.
277
278 9. Maintain and expand our comprehensive Geographic - Information System (GIS).
279 a. Continue extending the base map layer in the geo database beyond the road
280 system to include the entire borough.
281 b. Synchronize the GIS map with the property records in the assessing department
282 database, enabling the generation of maps'displayingany given selection of legal
283 or physical property characteristics.
284 c. Set up a web server, to which 'the database will be copied nightly, giving the
285 public continuous access to up -to -date property records and,user- defined maps.
286 d. Continue to audit the Borough's map layers and ;parcel information in the GIS
287 and Property Assessment and Collections System (PACS) database.
288
289 10. Collect all Borough receivables-in a timely manner.
290 a. Prepare and collect property taxes in an accurate and prompt manner.
291 i. Maintain a low.inventory 'of tax - foreclosed property through regular sales that
292 minimizes negative community impacts:
293 ii. Ensure ,all properties are reviewed and selected for documented public
294 purposes prior to 'disposal in atimely manner.
295
296 11. to work with municipalities and other service providers to increase
297 efficiencies and cooperation that will lower costs to the citizens.
298 \ , Continue to pursue efficiencies by utilizing municipal services in a cooperative
299 manner with atl'municipalities.
300 b. Continue to review and evaluate all options for providing superior services
301 through, consolidation, annexation, unification, or other methods that may
302 maximize efficiencies.
303 c. Enforce road service area powers and operations.
304 d. Educate the public on how a neighborhood fits into service area powers and
305 procedures.
306 e. Establish a process that would develop road improvements in a cost effective
307 manner.
308 f. Develop an education program for new road service area and fire
309 protection board members regarding their empowered duties and
310 responsibilities.
311
312 12. Continuo to Review and implement land management strategies for public lands,
313 Thic includesing leases, license agreements, and land sales that are in balance
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 7 of 15
314 with the real estate market. and Provide for the transfer of developable public lands
315 to the private sector in an equitable and cost - effective manner.
316 a. Evaluate all Borough land on a regular basis and conduct a sale of land in the
317 spring /summer of 2013 that is appropriate for development and in demand.
318 b. Reserve appropriate Borough land for public recreation, while at the same
319 time pursuing through land exchange acquisition of high -value recreational
320 land on the road system currently in private ownership.
321 C. o•e•_ ee _ .., e , °' '"
322
323 aroas. Continue to explore pursue tho cuitability of employing professional
324 services through the RFP process for potential large tract disposals and for
325 timber valuation on Borough lands.
326 d. Initiate a review and develop a management system to ctandardizo and tract
327 •, _ `2••! -• -• • _•_ • --,`e for Borough leases.
328 e. Work toward completion of the ongoing revision of Title 18.
329
330 13. Operate and maintain Borough facilities in a safe, healthy, and attractive manner that
331 creates a positive environment for the community and ensures safe'and reasonable
332 access for all citizens including the physically impaired.
333 a. Review lease rates to ensure Borough facilities generate sufficient revenues to
334 pay for adequate operational and maintenance expenses and replacement costs
335 as allowed by market value.
336 b. Idontify and sook ,funding courcos to ovaluato Borough facilitios to onsuro
337
338 b. Work cooperatively' • e-- - ..e. _ - 9 to develop a Renewal
339 and Replacement schedule for all Borough buildings systems sustainable
340 facilitios roplacomont plan.
341
342 1'4. Develop and implement a methodology to systematically review and evaluate
343 ` Borough operations.
344 a:, Review and update, the Personnel Rules and Regulations.
345 b. Conduct an outcido a review of the Borough salary scale every five
346 years.`.
347
348 C. Tax Assessment : and.Collection Goals and Objectives
349 1. Continue to provide,a comprehensive taxation and assessment program that is fair
350 and equitable for all citizens that assesses values of all properties at market value
351 a. Review all forms of taxation to ensure 100% inclusion of all taxable sources.
352 b. Continue to review the property inventory to ensure that property descriptions are
353 current and accurate.
354 c. Conduct field visits and revaluations of another one -third of the properties on the
355 road system and one -fifth of the remote properties in the borough, as part of the
356 cyclical reappraisal program. The current standard is every three years on the
357 road system, every five years off the road system.
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 8 of 15
358 d. Complete a the restructure of the methods and procedures for handling personal
359 property accounts. This includes: 1) Training staff in personal property
360 identification and appraisal; 2) Conducting desktop audits of each return; and 3)
361 Conduct on -site audits of questionable returns and of arbitrarily selected
362 accounts.
363 e. Develop a public education process for the tax assessment procedure.
364
365
366 cproad tho tax burdon as much as pocciblo and provido adoquato funding to
367
368 a. Comploto tho roviow of tho policy that oxcludoc proporty from taxation in road
369 _:• - - - - - - - • -- • : - - --
370 c al on a ar y e r 2nl2
371 .. •_....- , _
372 yoar2013.
373
374 2. Complete -the Update implementation -ef the True Automation PACS database.
375 a. Continue to review each property to ensure the validity 'of' information
376 concerning that property and input missing data into the PACS database.
377 b.
378 databaco in 2011, cot up a'cystom for an adnual'Annually review to and update
379 all properties to reflect the.annual fluctuations in market values.
380 c. Continue to specify and calibrate land, cost,-income and depreciation schedules
381 for all properties in the PACS database.
382 d. Init'�n Continue,the annual program to routinely update exemption accounts
383 and possessory interest accounts.
384 0..Comploto an updato and rowrito',of tho borough ordinancos portaining to
385
386 e./ Comploto, initiation a nd utilization of aorial photography and Borough --GIS
387
388 • s - -e - -se- see - 2.1•2• - - .s•. Coordinate with the MIS
389 IT department to ectablich- investigate an aerial pictemetryr survey baseline
390 to be used to help Tower costs for annual remote re- inspections.
391
392 4 3. Work with the jt- departinent and the Clerk's Office to establish procedures to scan
393 all existing hard files -into Laserfiche and PACS images to work toward a paperless
394 environment and a permanent electronic record.
395
396 5:4. Complete the property access system Assist tho IT dopartmont and Truo
397 Automation to place pertinent data from PACS into a public access system for use
398 over the borough website.
399
400
401
402
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 9 of 15
403 D. Planning and Zoning Goals and Objectives — Community Development
404 1. Implement a zoning and subdivision code that encourages economic development
405 opportunities in appropriate zoning distircts and maintains
406 the quality of life in residential neighborhoods.
407
408 2. Analyzo tho zoning of privato land that is availablo for dovolopmont in ordor to
409 dotormino whothor thoro is an adoquato balanco of land in oach of tho zoning
410
411
412 3, 2. Continue a viable enforcement presence in the community, one that educates the
413 public as well as protects neighborhoods from conflicting uses.
414
415 4 3. Work with rural communities around the island to provide a flexible zoning
416 classification that recognizes the change in social and economic structure of the
417 community.
418
419 6, 4. Meet quarterly or as needed with the Planning and Zoning Commission to review
420 existing issues and new initiatives related to planning ;. zoning, anCr subdivisions.
421 a. Provide a training program for Commissioners that addresses, their need to
422 understand the legal 'and.community responsibilities of the position as well as
423 promoting the talent and expertise needed at thislevel.
424 b. Provide for commission attendance at new' training events,
425 subscription services to appropriate planning, commissioner journals and on -line
426 resources.
427 c. Provide regular training, through the Borough Clerk's office on the open meetings
428 act and parliamentary procedure to 'ensure that commission meetings offer fair
429 and equitable treatment to all citizens.
430
431 6- 5: Develop Encourage a \Transportation System that is multi -modal and coordinated in
432 ,order to create'a,system ` that. makes it easy to travel throughout the Kodiak Island
433 Borough, including remote communities and areas.
434 a. Build.. on the recommendations of the Island Wide Transportation Plan that
435 encourages development of transportation of passengers and freight around the
436 island'on a, regular basis.
437 b. Review new. subdivision development to determine the impact of traffic
438 generation 'on existing roads, and incorporation of bike trails, and public
439 transportation opportunities.
440 c. Incorporate pedestrian (bike and walking) trails where possible into existing
441 roads and incorporate into new road construction.
442
443 7 6. Oil and Gas Programs
444 a. Review and modify if necessary the "Tri- Borough Position Paper" on oil and gas
445 drilling in the Shelikof Straits and lower Cook Inlet.
446 b. Lobby to reinstate the State of Alaska Coastal Management Program that allows
447 for meaningful enforceable policies that reflect local concerns and which allow
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 10 of 15
448 borough residents a greater opportunity to interact with state and federal
449 agencies during the coordinated review of development projects within the
450 Borough's coastal zone.
451 c. Encourage a rewrite of the State's Coastal Management Program and the
452 Borough's Coastal Management Plan to give the Borough the maximum authority
453 possible to govern its own coastal zone and resources and to have a seat at the
454 table on larger resource development issues that recognizes the local use
455 (commercial, subsistence, and sport caught fish and game) resources.
456 d. Support the sharing of Federal offshore oil and gas revenue with coastal
457 communities in order to provide for planning and implementation of measures to
458 address coastal impacts due to oil and gas development.
459
460 e n 7. Continue to work towards the delivery of- high quality services with reasonable
461 staffing levels by encouraging the efficient use asseta'and by vigorously pursuing
462 state /federal planning grants.
463 a. Seek out and utilize other State and Federal planning programs and integrate
464 them with existing Borough planning needs and local._ goals to maximize
465 resources.
466 b. Improve code enforcement throughout,the'community by continually educating
467 residents on the zoning issues and the proper, way to handle garbage and junk
468 vehicles.
469 c. Review current method of enforcementof code violations as a misdemeanor and
470 institute a program of civil fines' through a ticketing procedure.
471
472 9- 8. Monitor and review the 'Building Inspection Program to ensure an efficient and cost
473 effective program \for the community.
474 -
475 48:9. , Help_ educate, residents; throughout the Borough (including rural communities) on
476 ( planning programs that.affect them such;as zoning, subdivision, and the a Ccoastal
477 ,Mmanagement Rprograr how it may affect their community and development in
478 subsistence areas adjacent to the city or village.
479
480 4410. Encourage.the ability to locally grow produce with minimal government regulation
481 through tie installation of hoop houses that extends the growing season.
482 V ��
483 E. Emergency Services Planning — Community Development
484 1. Continue to work with the communities around the island (City of Kodiak and rural
485 communities) as well as other emergency responders to maintain an up -to -date
486 emergency response plan for each geographic area.
487 a. Continue to seek out and implement grant programs to aid in funding the update
488 of emergency operation plans (EOP), responder's equipment purchases, and
489 training opportunities.
490 b. Provide opportunities to ensure that all emergency personnel and Incident
491 Command general staff are fully trained to perform their tasks in the case of a
492 disaster or community emergency.
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 11 of 15
493 c. Continue to educate the public as to individual and family preparedness
494 response procedures in the eases event of a disaster or community
495 emergency.
496 d. Provide adequate funding to maintain and if necessary replace tsunami sirens
497 around Kodiak Road system outside of the City limits.
498 e. Pursue training all borough staff to the levels
499 of Incident Command System (ICS) 100 and 200 and National Incident
500 Management System (NIMS) 700 and 800.
501 f. Seek to carry out one disaster exercise for
502 Borough staff annually.
503 g. Complete the update to the village Hazard Mitigation Plan Annexes making each
504 village eligible for hazard mitigation grants prior to a disaster.
505 h. Organize and lead Local Emergency Planning - Committee (LEPC) meetings with
506 first responders and policy makers through continued, acquisition of state LEPC
507 grants.
508 i. Establish a Continuity of Service Plan for each department.
509
510 F. Community Health Goals and Objectives
511
512 - -- • e - -- - = - ' - -- • --..
513
514 the -coR nity
515 b. Sook out additional grant opportunities.
516
517 2- 1. Seek to acquire sufficient land to support future Hospital growth that is reflective of
518 the Master Facilities Plan for the Hospital.
519 a. Utilizing tho'producfof F.1:a. Seek'to'acquire sufficient land to serve any future
520 construction needs.
521 b./ Work cooperatively with Providence hospital management to explore
522 replacement of the care center with a new facility that will meet the current and
523 ` -. future needs of long terni'care.
524 c. Work cooperatively with Providence hospital management to provide a better
525 facility, end possibly closer to the hospital, for rehab services.
526 d. Seek to research,all options in order to provide quality health care to citizens of
527 Kodiak Island:
528
529 3- 2. Continue to advocate for appropriate full reimbursement of hospital costs and citizen
530 medical expenses covered by the State, Federal government, and United States
531 Coast Guard in an fairor equitable manner.
532
533 4 3. Seek out additional grant opportunities.
534
535 5, 4. Advocate for the best health care in a coordinated manner with Federal, State, and
536 local agencies.
537
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 12 of 15
538 & 5. Work with other agencies in Kodiak to develop quality health care facilities for
539 Kodiak Island citizens.
540
541 6. Work cooperatively with hospital management to review the status of hospital
542 facilities including renewal and replacement projects on an annual basis.
543
544 G. Solid Waste Collection and Disposal Goals and Objectives
545 1. Implement Continue implementation of the comprehensive solid waste
546 management plan that addresses the solid waste function for the next 20 to 50 years
547 in a cost effective and efficient manner.
548 a. Continue to monitor the Solid Waste rates.
549
550 area-
551 &b. Continue to take steps to extend the existing landfill life as well as any new
552 cells through comprehensive reduce, reuse, and recycling efforts. and othor
553 means.
554 d-c. Continue to investigate federal and ,state loans and grants'to pay for lateral
555 expansion and closeout of the existing "footprint' upon closure..
556 e-d. Encourage Work with community partners; including KIBSD, and Kodiak
557 College, and United States Coast Guard to recycle waste and to add recycling
558 education to their education. programs.
559 f-e. Continue to coordinate with the City of Kodiak on the junk auto removal program.
560 g-f. As a priority, . 13develop, an associated business plan for transfer
561 convenience /reuse stations prior to implementation.
562 f}g. Continue "Enhanco ctaff efforts through the''existing a professional services
563 agreement, to' accomplish select solid waste objectives by tho and of calondar
564 yoar2012.
565 i-h: Commit fundir g for community outreach and education.
566
567 2 ,Review and update.the Solid Waste Management Plan.
568
569 273. Evaluate and analyze the recycling program to create a long - term participatory
570 program and plan that is sustainable and continue to aim for the diversion goals
571 of 50% by 2020.
572 a. Adopt a `policy' cupporting roduction, ro uso, and rocycling of matorials a&
573
574 participato.
575 c - .::: c:. •• o ..
576 • 577 = = • -
578 Threw;
579 e. -- • ----- -- -e e e.
580
581
582
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 13 of 15
583 H. Parks and Recreation Goals and Objectives
584 1. Evaluate and identify those lands under Borough ownership that would be
585 appropriatly developed for passive parks and recreation facilities.
586 a. Develop a comprehensive Parks Plan to guide current —and future parks
587 investment decisions on new parks and ensure adequate maintenance of
588 exisiting parks including a renewal and replacement plan for existing
589 parks.
590 b. Review urban areas for potential neighborhood pocket parks in areas of growth
591 existing residential development.
592 c. Develop standards for playground equipment and related improvements to
593 ensure the highest degree of utility and safety,at the lowest reasonable cost.
594 d. Meet with the Parks and Recreation Committee on a quarterly or as needed
595 basis.
596 e. Retain access to public lands for the enjoyment ofall recreation users.
597 f. Create an interconnected system of multi -use bicycle and pedestrian paths for
598 residents and visitors. This trail system should link schools, parks,
599 neighborhoods, and trails with multiple destination points.
600 g. Continue to work with the City of Kodiak and the KIBSD to ensure that the
601 construction, operation; and maintenance -of joint use recreationrfacilities are
602 efficiently managed in the best interests of the overall community.
603
604 2. Encourage the Parks and Recreation Committee to move ahead with conceptual
605 plans for Mill Bay Park and End of the Road Park. ,
606
607 I. Economic Development Goals and Objectives
608 1. Maintain vigilance, and effective participation in fishery politics and legislation that
609 advocates for long -term preservation 'of landings of product to the Borough and
610 ensures any environmental restrictions_ on. fisheries are based on sound science and
611 fairly reflect any socio- economic impacts on our region.
612 a:, Continue to work with the City of Kodiak, including the Kodiak Fisheries Work
613 Group, and `Kodiak Fisheries Advisory Council (KFAC) to pursue a
614 comprehensive and effective program that leads to sustainable and economically
615 productive fisheries that ensure the long -term health of the fishery habitat and
616 ecosystem.,,
617 b. Manage a- shared fisheries representative for the Kodiak Island Borough and the
618 City of Kodiak at.all levels of fisheries management meetings.
619 c. Find and work with industry representatives that have a regional and cooperative
620 focus to assist in the direction of efforts and resources in affecting fisheries policy
621 and legislation.
622 d. Determine and foster strategies to create a statewide force to offset negative,
623 incorrect, or misleading information about fisheries.
624 e. Encourage development of educational programs at FITC Alaska Fisheries
625 Science Center, Kodiak Fisheries Research Center (KFRC), Kodiak College,
626 and KIBSD that support seafood science projects and fisheries and aquatic
627 research in the Kodiak Archipelago.
Kodiak Island Borough, Alaska Resolution No. FY2013 - 22
Page 14 of 15
628
629 of Rocoarch Vasco'.
630
631 2. Actively pursue increased opportunities for fish cargo.
632
633 3. Continue to pursue high quality broadband telecommunications access through fiber
634 optics and microwave sites to provide and Internet access to outlying areas.
635 a. Ensure that telecommunications is integrated into long -term plans to allow for
636 maximum efficiencies and minimize redundancies through use of common
637 easements and infrastructure.
638
639 4. Work with Kodiak Chamber of Commerce to promote, encourage, and support the
640 development of small businesses /home businesses including those in the outlying
641 communities.
642
643 5. Work with Kodiak Chamber of Commerce and Kodiak Island Convontion Vicitorc
644 Bureau Discover Kodiak to promote quality tourism growth.
645
646 6. Work with employers for new job opportunities' with community agencies as
647 determined through the Kodiak Workforce Regional Advisory Council.
648
649 J. Animal Control Goals and Objectives
650 1. Support program. that protects the public and animals in a
651 cooperative cost effective. and efficient manner.
652 2. Contract with the City'of Kodiak for animal control officer services.
653
654 K. Fire Protection and First Responder Emergency Medical Services Goals and
655 Objectives
656
657 1. to support, fire, rescue, and emergency medical services that protect the
658 lives'and property of the public.
659
660 2. Maintain anadequate staff of volunteers who are properly equipped and trained for
661 the services they provide.
662
663 3. Continue to support the cooperative training and emergency responses between the
664 Borough Fire Protection Service Areas and other emergency services within the
665 Borough.
Kodiak Island Borough, Alaska Resolution No. FY2013 -22
Page 15 of 15
( fir °��'.,,e KODIAK ISLAND BOROUGH
+, 40 Af4 `,'l
tr. , „ , �' 1 AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.B.2
TITLE: Resolution No. FY2013 -23 Establishing the Date for the Citizens Board of
Equalization Hearings for the Year 2013 and Establishing the Date When Taxes
Become Delinquent.
ORIGINATOR: Borough Assessor
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Resolution No. FY2013 -23
APPROVAL FOR AGENDA��
SUMMARY STATEMENT:
Alaska Statutes 29.45.240. Establishment of levy and determination of rate. (a) The power
granted to a municipality to assess, levy, and collect a property tax shall be exercised by means
of an ordinance. The rate of levy, the date of equalization, and the date when taxes become
delinquent shall be fixed by resolution.
The rate of levy of levy shall be set by the Assembly after certification of the roll and final budget
approval.
KIBC 3.35.050(A.5) states that the board of equalization shall commence hearing on the first
Monday in May, unless otherwise changed by resolution. This resolution confirms that the Board
will meet on Monday, May 6 and Tuesday May 7. Hearings will continue from day to day as
established by the Board of Equalization and the Borough Clerk until all properly filed appeals
have been heard.
This resolution also reflects that the date taxes are due is on October 15, 2013, unless the
taxpayer elects to pay the taxes in two equal installments, then the first half is due on August
15, 2013, and the second half is due on November 15, 2013.
RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -23.
Kodiak Island Borough Page 1 of 1
Introduced by: Borough Manager
Requested by: Borough Manager
Drafted by: Borough Clerk
Introduced: 02/07/2013
Adopted:
1
2
3 KODIAK ISLAND BOROUGH
4 RESOLUTION NO. FY2013 -23
5
6 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
7 ESTABLISHING THE DATE FOR THE CITIZENS BOARD OF EQUALIZATION
8 HEARINGS FOR THE YEAR 2013 AND ESTABLISHING THE DATE
9 WHEN TAXES BECOME DELINQUENT
10
11 WHEREAS, part of the public notification process is the setting of dates, by resolution, of
12 Board of Equalization hearings for appeals; and
13
14 WHEREAS, KIBC 3.35.050 (A5) Hearing Dates states "the board shall commence hearings
15 on the first Monday in May, unless otherwise changed by resolution. Hearings will continue
16 from day to day as established by the board and the borough clerk until all properly filed
17 appeals have been heard ;" and
18 WHEREAS, Alaska Statutes 29.45.240 (A) states "The rate of levy, the date of equalization,
19 and the date when taxes become delinquent shall be fixed by resolution ".
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
22 BOROUGH THAT:
23 •
24 Section 1: The rate of levy shall be set by the Assembly after certification of the roll and
25 final budget approval.
26
27 Section 2: The Board of Equalization hearing of appeals from the 2013 assessed
28 valuations of real and personal property within the Kodiak Island Borough,
29 Alaska will be held on Monday, May 6, 2013, and Tuesday, May 7, 2013, and
30 will continue from day to day as established by the Board of Equalization and
31 the Borough Clerk until all properly filed appeals have been heard. This
32 meeting(s) will start at 7:30 p.m. in the assembly chambers of the Kodiak
33 Island Borough, 710 Mill Bay Road, Kodiak, AK 99615.
34
35 Section 3: The date taxes are due is October 15, 2013, unless the taxpayer elects to pay
36 the taxes in two equal installments, then the first half is due on August 15,
37 2013, and the second half is due on November 15, 2013.
38
39
40
Kodiak Island Borough Resolution No. FY2013 -23
Page 1 of 2
41
42 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
43 THIS DAY OF FEBRUARY, 2013
44
45 KODIAK ISLAND BOROUGH
46
47
48
49 ATTEST: Jerome M. Selby, Borough Mayor
50
51
52
53 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough Resolution No. FY2013 -23
Page 2 of 2
¢¢ tr/ KODIAK ISLAND BOROUGH
AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.8.3
TITLE: Resolution No. FY2013 -11 Authorizing a Lease with Providence Health and
Services for the Operation of a Long -Term Care Facility.
ORIGINATOR: Manager's Office Staff
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Resolution No. FY2013 -11, Providence Lease
APPROVAL FOR AGENDA:
SUMMARY STATEMENT:
The Assembly is being asked to approve a tease of a proposed building and land to Providence
to operate a Long Term Care (LTC) facility. Approval of the lease is just one of the critical
milestones that the Assemlby will be deciding to move this project forward.
This 20 year lease agreement is structured so that the all expenses associated with the sale of
up to $20,000,000 of revenue bonds to build the LTC facility (as well as cover the other
expenses assoicated with the project (design, staff time, etc.)) are recaptured through the lease
payments made to the Borough by Providence. That is, the monthly lease payment amount will
cover the Borough's annual debt payments on the bonds. Providence will be solely responsible
for the day to day operation expenses of the facility.
RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -11.
Kodiak Island Borough Page 1 of 1
1 Introduced by: Borough Manager
2 Requested by: Borough Assembly
Drafted by: Borough Manager
3
ntroduced on: 02/07/2013
4 Adopted on:
5
6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO. FY2013 -11
8
9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
10 AUTHORIZING A LEASE WITH PROVIDENCE HEALTH AND SERVCES
11 FOR THE OPERATION OF A LONG TERM CARE CENTER
12
13 WHEREAS, the Kodiak Island Borough currently leases the Providence /Kodiak Island
14 Medical Center and Care Center to Providence; and
15
16 WHEREAS, replacing and relocating the existing Care Center into its own facility on
17 this medical campus will provide higher quality care to Kodiak's senior citizens as well as
18 provide long term care service to a number of community members who are not
19 serviced; and
20
21 WHEREAS, the 20 year term of the lease will be identical to the 20 year term of the
22 revenue bonds sold to fund this community facility; and
23
24 WHEREAS, the lease rental rate provides for the repayment of the bonds issued by
25 the Kodiak Island Borough for construction of this facility; and
26
27 WHEREAS, it is in the best interest of Kodiak senior population that a fully functioning
28 care center in be located in Kodiak; and
29
30 WHEREAS, the Assembly is authorized by the provisions of the KIBC 18.40.020 to
31 approve, by resolution, a negotiated lease for a period not to exceed twenty -five (25)
32 years to a non - profit corporation.
33
34 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK
35 ISLAND BOROUGH THAT:
36
37 Section 1: A lease of the proposed a long term care center to Providence Health and
38 Services is hereby approved based on the terms and conditions of the
39 lease document titled Long Term Care Center Lease Agreement.
40
41 Section 2: The Manager or his designee is authorized to execute and lease agreement
42 and all other documents required for the completion of this transaction.
43
44 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
45 THIS DAY OF 2013
46
47 KODIAK ISLAND BOROUGH
48
49
50
51 ATTEST: Jerome M. Selby, Borough Mayor
52
53
54
55 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough, Alaska Resolution No. FY2013 -11
Page 1 of 1
LONG -TERM CARE CENTER LEASE AGREEMENT
between
KODIAK ISLAND BOROUGH
and
PROVIDENCE HEALTH & SERVICES - WASHINGTON
d /b /a PROVIDENCE HEALTH & SERVICES IN ALASKA
LONG -TERM CARE CENTER LEASE AGREEMENT
TABLE OF CONTENTS
1. AGREEMENT TO LEASE 1
2. DEFINITIONS 1
3. PREMISES, FF &E 3
3.1 PREMISES 3
3.2 FF &E 3
4. TERM AND SURRENDER 4
4.1 TERM OF AGREEMENT 4
4.2 SURRENDER OF PREMISES 4
5. RIGHT TO PURCHASE 4
5.1 FIRST RIG1 -IT TO PURCHASE 4
5.2 NOTICE 4
6. RENT 4
6.1 LEASE PAYMENT 4
6.2 LEASE PAYMENT AMOUNTS 5
7. CERTAIN AGREEMENTS 5
7.1 CONSTRUCTION OF FACILITY 5
7.2 PARKING 7
7.3 OPERATIONS 7
7.4 TRAINING 7
8. UTILITIES 7
9. TAXES 7
10. USF 7
11. QUIET ENJOYMENT, TITLE, REGULATIONS 8
11.1 QUIET ENJOYMENT 8
I1.2 TITLE 8
11.3 BUILDING REGULATIONS 8
12. PRIOR AGREEMENTS 8
13. ACCREDITATION 8
14. MEDICARE /MEDICAID PARTICIPATION 8
15. DISPOSAL OF MEDICAL WASTE AND /OR GARBAGE 9
16. INSURANCE 9
16.1 PROVIDENCE 9
16.2 KIB 9
16.3 DEDUCTIBLES 10
16.4 PROOF OF INSURANCE 10
16.5 NOTICE 10
17. EQUIPMENT AND VEHICLES 10
17.1 VEHICLES I
17.2 ADDITIONAL EQUIPMENT 10
18. MAINTENANCE AND REPAIRS 10
19. CONDITION ON SURRENDER 11
20. IMPROVEMENTS AND ALTERATIONS 11
21. CONTRIBUTIONS 11
22. ADMISSION TO LONG -TERM CARE CENTER 1 I
23. INDEMNIFICATION 11
23.1 INDEMNIFICATION BY PROVIDENCE 11
23.2 INDEMNIFICATION BY KIB 11
23.3 HAZARDOUS SUBSTANCE INDEMNIFICATION BY
PROVIDENCE 12
23.4 LIMITED RELEASE BY KIB 12
24. RECORDS 12
24.1 ACCESS TO RECORDS 12
24.2 OPERATIONAL RECORDS 13
24.3 CONFIDENTIAL INFORMATION 14
24.4 ADMINISTRATOR 14
24.5 TERMINATION OF ADMINISTRATOR 14
25. GOVERNANCE 14
26. COMMUNITY ADVISORY BOARD 14
27. RIGHT TO ENTER PREMISES 14
28. EVENTS OF DEFAULT 14
29. DEFAULT REMEDIES 15
30. TERMINATION 16
31. TRANSFERS OF LICENSES AND PERMITS 17
32. NOTICES 17
33. ASSIGNMENT AND SUBLEASE 17
34. DAMAGE OR DESTRUCTION 18
35. CONDEMNATION 18
36. WAIVER OF SUBROGATION 18
37. MISCELLANEOUS 19
LONG -TERM CARE CENTER LEASE AGREEMENT
This Long -Term Care Center Lease Agreement ( "Agreement ") between the Kodiak
Island Borough, (the "Borough" or "KIB ") a municipal corporation of the State of Alaska and
Providence Health & Services - Washington d/b /a Providcncc Health & Services in Alaska, a
Washington non -profit corporation ( "Providence "), is entered into as follows:
WITNESSETH:
WHEREAS, KIB is the owner of certain real property together with improvements
located and to be constructed thereon (hereinafter referred to as the "Premises" and further
defined in Section 2 below); and
WHEREAS, Providence has leased the adjacent hospital property and operated a
hospital (the "Hospital ") thereon since April 21, 1997, pursuant to a Lease and Operating
Agreement, as amended, with the Borough (said agreement, the "Hospital Lease "); and
WHEREAS, Providence desires to lease the Premises and operate a Long -Tenn Care
Center co- located with the adjacent hospital and KIB is in the process of working to obtain
financing to acquire, construct, design, and equip a co- located Long-Term Care Center; and
WHEREAS, KIB, in the interest of sound fiscal management and to ensure the operation
of the Long -Tcmr Care Center in a professional and efficient manner, has requested Providence
to lease and operate the Long -Term Care Center; and
WHEREAS, Providence owns and operates a number of health care facilities and has the
knowledge and expertise to operatc a Long -Term Care Center on the Premises (i) in keeping
with its philosophy, mission, and values, and (ii) as a quasi- public facility governed by Alaska
law; and
WHEREAS, Providence desires to lease the Premises from KIB, subject to the terms and
conditions contained herein,
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and
each of the parties intending to be legally bound hereby, it is mutually agreed as follows:
1. AGREEMENT TO LEASE: KIB agrees to lease to Providence and Providence
agrees to take from KIB, the Premises, including the Long -Term Care Center described herein,
for the term and upon the terms and conditions set forth in this Agreement.
2. DEFINITIONS: As used in this Agreement, unless a different meaning clearly
appears from the context,
"Agreement" means this Long-Term Care Center Lease Agreement, including the
following Exhibits:
Exhibit A - Drawing of Premises
Exhibit B - Lease Payments
Exhibit C - FF &E
"Approved Plans" means the Approved Plans for construction of the Long -Term Carc
Center as further described in Section 7.1. The Approved Plans are subject to changes as may be
required by governmental authorities with jurisdiction over the construction of the Long -Terns
Care Center.
"Borough" or "KIB" means the Kodiak Island Borough, a municipal corporation of the
State of Alaska.
"Certificate of Need" means a Certificate of Need from the Statc of Alaska Department of
Health and Social Services pursuant to AS 18.07.021 -.1 1 1, and regulations adoptcd thereunder.
"Community Advisory Board" means the board formerly known as the Kodiak Island
Service Area Community Board.
"Date of Possession" means the date of issuance of a temporary certificate of occupancy
by the City of Kodiak. The Date of Possession shall be no later than March 31, 2014, in
accordance with Section 7.1(A). K1B will retain rights of access to allow its contractor to
complete all construction in the manner and subject to the terms and conditions described in
Section 7.1(C). All work by KIB, through its contractor, is expected to be complete by
September 30, 2014.
"Effective Date" means the effective date of this Agreement, which shall be on or before
May I, 2013, provided that Providence has obtained a Certificate of Need to operate the Long -
Tenn Care Center.
"Force Majeure" means, without limitation, thc following if not reasonably within the
control of KIB: acts of nature; strikes, lockouts, or other labor or industrial disturbances; acts of
terrorists, war, or escalation of existing hostilities; orders or restraints from the United States or
thc State of Alaska or any of their departments, agencies, subdivisions, or officials, or any civil
or military authority; insurrection; riots; landslides; subsidence; icebergs; typhoons; hurricanes;
material adverse weather conditions; tidal waves or tsunamis, earthquakes; fires; storms;
droughts; floods; explosions; breakage, malfunction, or accident to facilities, machinery,
transmission infrastructure; or any other cause or event not reasonably within the control of KIB.
"FF &E" means the fixtures, furnishings, and equipment listed in Exhibit C to this
Agreement, or any substitutions approved by both parties.
"KIB Long -Term Care Center Revenue Bonds" means the revenue bonds issued by KIB
in accordance with Resolution FY2013-
"Long-Tcrni Care Center" means the long -term care facility that is to be acquired,
constructed, designed, and equipped on the Premises by KIB, including FF &E, using proceeds of
the KIB Long -Term Care Center Revcnuc Bonds, and leased to Providence by KIB under the
terms of this Agreement.
2
"Premises" means the FF &E and the real estate, including all buildings, appurtenances,
and improvements operated as the Long -Term Care Center, described as:
A portion of Lot 2A -1, Block I, Hospital Subdivision, according to
Plat 2012 -20, located in the Kodiak Recording District, Third
Judicial District, State of Alaska, and as further shown on Exhibit
A.
"Providence" means Providence Health & Services - Washington d/b /a Providence
Health & Services in Alaska.
3. PREMISES, FF &E:
3.1 PREMISES: The real and personal property which is the subject matter of this
Agreement and located on the following real property:
A portion of Lot 2A -I, Block 1, Hospital Subdivision, according to
Plat 2012 -20, located in the Kodiak Recording District, Third
Judicial District, State of Alaska.
The Premises include the real property, the FF &E, and all buildings, appurtenances, and
improvements thereto and operated as a Long -Term Care Center. The location of the Premises is
shown on Exhibit A hereto.
3.2 FF &E: On one or more lists, Providence shall identify fixtures, furniture, and
equipment necessary to the operation of the Long -Term Care Center with a total cost of no
greater than $1,451,010 (the "FF &E Amount "), which lists of fixtures, furniture, and equipment
will be attached as Exhibit C hereto. The FF &E Amount will include the purchase price, freight,
shipping insurance, labor to install, and all costs incurred by KIB related to FF &E. Exhibit C
shall consist of one or more lists as follows:
A. Providence shall provide an initial list of fixtures, furniture, and equipment
by no later than March 31, 2013, which initial list will contain fixtures, furniture, and equipment
with a cost of no less than 80% of the FF &E Amount.
B. After March 31, 2013, on one or more subsequent lists, Providence shall
identify the balance of the fixtures, furniture, and equipment to be included on Exhibit C. by no
later than December 31, 2013. KIB will provide the balance of the FF &E to the extent there are
funds available in the FF &E Amount.
As to the items of fixtures, furniture, and equipment identified pursuant to Section 3.2(B)
above, KIB shall be responsible to order, procure, and install such items in a commercially
reasonable manner; however, KIB shall not be responsible for the delay in installing any such
items in the Long -Tenn Care Center after March 31, 2014, if KIB has ordered, procured, and
installed such items in a commercially reasonable manner, but was not provided with the
description of such item by Providence in sufficient time to order, procure, and install such items
in the Long-Term Care Center in a commercially reasonable manner by March 31, 2014.
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4. TERM AND SURRENDER:
4.1 TERM OF AGREEMENT: This Agreement shall commence on the Effective
Date and continue for approximately 20 years until the end of the fiscal quarter (March 31, June
30, September 30, or December 31) next following the date the principal and interest on the KIB
Long -Term Care Center Revenue Bonds are paid in full. This Agreement shall immediately
terminate if KIB does not issue Long -Term Care Center Revenue Bonds on or before May
3- 1-June 28, 2013.
4.2 SURRENDER OF PREMISES: At the expiration of the term of this Agreement
or upon the termination of this Agreement as provided for herein, Providence shall surrender
possession of the Premises to KIB as set forth under the terms of this Agreement. In the event of
such a termination or expiration, Providence may remove all equipment, furniture, trade fixtures,
or other personal property installed in or on the Premises that Providence owns or acquires, other
than FF &E.
5. RIGHT TO PURCHASE:
5.1 FIRST RIGHT TO PURCHASE: KIB hereby gives and grants to Providence the
first right to purchase all of KIB's interest in the Premises at any time from the date of this
Agreement until the expiration or termination (as applicable) of this Agreement as provided for
herein. KIB shall make any sale of its interest in the Premises to a third party conditioned upon
and subject to Providence's first right to purchase as set out herein. Providence shall have the
right to accept the purchase price and the terms of the intended sale to the third party as the terms
and conditions of the sale between KIB and Providence. Providence shall be deemed to have
waived any rights granted in this Section 5 upon the date of an Event of Default of any provision
of this Agreement.
5.2 NOTICE: Providence may exercise its first right to purchase by executing an
agreement within 60 days of notice of KIB's intent to sell its interest in the Premises on terms
and conditions as agreed between the parties. If Providence does not exercise its first right to
purchase as provided for herein or enter into a purchase with KIB within 60 days of the notice by
KIB to Providence of its first right to purchase, then and in that event Providence's first right to
purchase shall lapse and KIB may sell the Premises or any part thereof to said third party or any
other parties on substantially the same terms stated in the notice. If KIB does not enter into a
binding agreement to sell and convey the Premises within 90 days after expiration of the 60 -day
notice period, any further transaction shall be deemed a new determination by KIB to sell and
convey the Premises and the provisions of Section 5.1 shall be applicable.
6. RENT:
6.1 LEASE PAYMENT: Commencing on the Date of Possession, the monthly rental
rate for the Premises (the "Lease Payment ") will be a fixed monthly amount calculated as
provided below. The Lease Payment will be considered fair rental value for the Premises and
will provide KIB with sufficient funds to make the annual debt service payments on the KIB
Long -Term Care Center Revenue Bonds. Providence shall execute and deliver all documents as
reasonably requested by KIB consistent with the terms hereof as necessary or desirable for
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4. TERM AND SURRENDER:
4.1 TERM OF AGREEMENT: This Agreement shall commence on the Effective
Date and continue for approximately 20 years until the end of the fiscal quarter (March 31, June
30, September 30, or December 31) next following the date the principal and interest on the KIB
Long -Tenn Care Center Revenue Bonds are paid in full. This Agreement shall immediately
terminate if KIB does not issue Long -Term Care Center Revenue Bonds on or before May 31,
2013.
4.2 SURRENDER OF PREMISES: At the expiration of the tens of this Agreement
or upon the termination of this Agreement as provided for herein, Providence shall surrender
possession of the Premises to KIB as set forth under the teens of this Agreement. In the event of
such a termination or expiration, Providence may remove all equipment, furniture, trade fixtures,
or other personal property installed in or on the Premises that Providence owns or acquires, other
than FF &E.
5. RIGHT TO PURCHASE:
5.1 FIRST RIGHT TO PURCHASE: KIB hereby gives and grants to Providence the
first right to purchase all of KIB's interest in the Premises at any time from the date of this
Agreement until the expiration or termination (as applicable) of this Agreement as provided for
herein. KIB shall make any sale of its interest in the Premises to a third party conditioned upon
and subject to Providence's first right to purchase as set out herein. Providence shall have the
right to accept the purchase price and the terms of the intended sale to the third party as the terms
and conditions of the sale between KIB and Providence. Providence shall be deemed to have
waived any rights granted in this Section 5 upon the date of an Event of Default of any provision
of this Agreement.
5.2 NOTICE: Providence may exercise its first right to purchase by executing an
agreement within 60 days of notice of KIB's intent to sell its interest in the Premises on terms
and conditions as agreed between the parties. If Providence does not exercise its first right to
purchase as provided for herein or enter into a purchase with KIB within 60 days of the notice by
KIB to Providence of its first right to purchase, then and in that event Providence's first right to
purchase shall lapse and KIB may sell the Premises or any part thereof to said third party or any
other parties on substantially the same terms stated in the notice. if KIB does not enter into a
binding agreement to sell and convey the Premises within 90 days after expiration of the 60 -day
notice period, any further transaction shall be deemed a new determination by KIB to sell and
convey the Premises and the provisions of Section 5.1 shall be applicable.
6. RENT:
6.1 LEASE PAYMENT: Commencing on the Date of Possession, the monthly rental
rate for the Premises (the "Lease Payment ") will be a fixed monthly amount calculated as
provided below. The Lease Payment will be considered fair rental value for the Premises and
will provide KIB with sufficient funds to make the annual debt service payments on the KIB
Long -Term Care Center Revenue Bonds. Providence shall execute and deliver all documents as
reasonably requested by KIB consistent with the terms hereof as necessary or desirable for
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issuing thc KIB Long -Terns Care Center Revenue Bonds. Monthly Lease Payments shall be
payable at the office of KIB, or at such other place designated by KIB, monthly in advance on
thc first day of each month. Lease Payments shall be made without demand and without any
deduction or setoff whatsoever. The first Lease Payment will include the prorated amount of the
previous month's rent. (For example, if the Date of Possession was March 15, the first Lease
Payment, made on April 1 or earlier, would include the prorated March rent from March 15 and
the fill monthly Lease Payment for April.) Payments received by KIB after the 15th day of each
month shall include, as additional rent, .5% (one -half percent) of the monthly Lease Payment.
6.2 LEASE PAYMENT AMOUNTS:
Providence will pay monthly Lease Payments to KIB in amounts no less than required to
fully fund all debt service requirements plus an amount sufficient to cover KIB's expenses in
maintaining insurance for fire and other risks (including earthquakes) on the Premises, as
provided in Section 16.2(B). The parties estimate that Lease Payments will be approximately
$96,600 based on a 20 year bond issue with a par amount of $15,375,000 and a premium of
$2,245,000. The proceeds of the KIB Long -Term Care Center Revenue Bonds ( "Bonds ") will
not exceed $18,500,000 and the term of the Bonds will not be less than 20 years without
Providence's consent. KIB's debt service payments and the corresponding portion of
Providence's Lease Payments will be in approximately equal amounts for most of the term of the
Bonds.
The formula for calculating monthly Lease Payments will be insurance costs prorated on
a monthly basis, plus (Total Debt Service payments less capitalized interest less Deposits into the
Debt Service Resent Fund) divided by 19 years divided by 12 months. The insurance costs are
currently estimated to be approximately $0.06 per $100.00, and are subject to change. When the
construction of the Long -Term Carc Center is complete, the Lease Payment may be adjusted if
there are unspent Bond proceeds.
The parties agree within 30 days of the sale date of the Bonds to memorialize in a written
schedule the monthly Lease Payments due hereunder over the applicable tern of the Agreement,
subject to adjustments for insurance expenses, and shall attach said schedule as Exhibit B hereto.
7. CERTAIN AGREEMENTS:
7.1 CONSTRUCTION OF FACILITY:
A. KIB shall take all actions necessary and appropriate to complete, or to cause its
contractors and subcontractors to substantially complete the construction of the Long -Terns Carc
Center as contemplated and described in those drawings, details, manuals, plans, and
specifications developed by KIB through Architects Alaska which are hereby approved by
Providence (the "Approved Plans ") so that, upon the Date of Possession, the Premises are
delivered to Providence. If by reason of Force Majeure or as a result of delays caused in whole
or in part by Providence, KIB is unable to obtain a temporary certificate of occupancy by March
31, 2014, KIB will not be in default. Any final work by KIB or its contractor after the Date of
Possession will not unreasonably interfere with Providence's operations and will be undertaken
in accordance with the terms and conditions of Section 7.1(C) below. All improvements
5
contemplated by the Approved Plans shall be made by KIB at its sole cost and expense and
without any pass - through back to Providence other than the Lease Payments. Providence will be
consulted on any change order that affects the functionality or operational capabilities of the
Long -Term Care Center.
B. Throughout construction of the Long -Term Care Center, KIB shall, at its sole cost
and expense without pass - through to Providcncc, obtain and maintain all authorizations,
approvals, permits, and other consents whatsoever required under applicable state, local, and /or
municipal law, and by or of any governmental entity or agency that relate to the construction of
the Long -Term Carc Ccntcr. KIB will require its gcncral contractor to warrant that the
construction, whether performed by the gcncral contractor or a subcontractor, shall be completed
for KIB in a good and workman -like manner, free from faulty materials, in accordance with all
applicable laws, codes, regulations, restrictions and regulations, and other legal requirements
whatsoever and sound engineering standards, and in accordance with the Approved Plans. KIB
shall take steps to ensure no liens or encumbrances or charges of any kind upon the Premises or
any part thereof result from construction of the Long -Term Care Center. KIB shall require its
general contractor working on thc construction of the Long -Term Carc Center to have payment
and performance bonds in place which are in an amount not Less than the guaranteed maximum
price or fixed price set forth in the construction contract for the Long -Term Care Center.
C. Except as to the last sentence hereof, as used in this Section 7.1(C), KIB refers to
KIB and its contractors and contractors' subcontractors. To the extent KIB desires to come onto
the Premises after the Date of Possession to complete the construction of the Long -Term Care
Center or inspect the Premises, KIB will coordinate its access and activities with Providence.
KIB shall act in good faith to not do or permit anything to be done in or about the Premises
which will unreasonably obstruct or interfere with the provision of care to Providence's patients.
In addition, KIB shall comply with any (1) Providence policies relating to vendors and
contractors performing work on the Premises, provided that Providence has submitted copies of
such policies to MB no later than 30 days prior to the Date of Possession, and (ii) licensing,
accreditation, or requirements of other governmental or accrediting agencies having jurisdiction
over thc Long -Term Care Ccntcr, which laws or requirements are implicated by the presence of
KIB in the Long -Term Carc Center or work being conducted by KIB therein. KIB shall not
cause, commit, or maintain or permit any nuisance or waste in, on, or about the Premises. KIB
shall not use thc Premises in any manner that would (i) materially adversely affect or
unreasonably interfere with any routine patient care services Providence is providing or
preparing to provide, or (ii) unreasonably interfere with or obstruct the proper and economical
rendition of any such service or activities related to Providence's preparing to render such
service, or (iii) endanger a patient or interfere in any way with emergency care being rendered to
a patient. Accordingly, if and to the extent necessitated by Providence's activities related to
emergent patient care or a patient is endangered thereby, Providence may direct KIB to cease
work on the Premises for so long as such patient care activities are continuing and KIB shall
abide by such direction. If Providence determines that any employee or contractor has failed or
refused to conduct its or his /her activities in accordance with the foregoing, Providence may
require that KIB take immediate action to assure the situation is promptly remedied or cease to
assign that person to the Premises. KIB shall provide in any contract with a contractor related to
the Long -Term Carc Center that the foregoing requirements be adhered to.
6
D. If delays in construction (including a permitted suspension of work by KIB's
contractor) of the Long -Term Care Center result from Force Majeure or are caused, in whole or
in part, by Providence, KIB may elect, in its sole discretion, to resume work or may terminate the
construction work. If a delay is caused, in whole or in part, by Providence, Providence shall pay
all additional direct and indirect construction costs incurred by KIB resulting from delays caused
by Providence's actions or inactions, and if such delay caused by Providence prevents a
temporary certificate of occupancy from being issued by the City of Kodiak by March 31, 2014,
then Providence shall commence paying monthly Lease Payments on April 1, 2014.
7.2 PARKING: KIB shall ensure that the Premises has parking spaces for the Long-
Term Care Center, as required by applicable zoning ordinances.
7.3 OPERATIONS: As of the Datc of Possession, Providence shall have possession
and quiet enjoyment of the Premises subject to KIB's right of access for its contractor to
complete construction. Providcncc shall be solely responsible operating the Long -Term Care
Center. Providence shall operate the Long -Term Care Center under the name Providence Kodiak
Island Long -Term Care Center. Providence assumes all the rights, duties, liabilities, and
obligations which shall arise out of its operation of the Long -Term Care Center and its other
activities on the Premises during the term of this Agreement. Providence is not responsible for
KIB's activities on the Premises and KIB is not responsible for Providence's activities on the
Premises. Providence shall cause all expenses incurred in operation of the Long -Term Care
Center aftcr the Date of Possession to be paid, including, but not limited to, utilities, insurance,
salaries, supplies, fees, benefits, and other costs normally incurred in the operation of the Long-
Tenn Care Center.
7.4 TRAINING: Providence may conduct medical educational training programs at
the Long -Term Care Center, including training of interns and residents and other
medical /technical personnel, in a manner consistent with applicable governmental regulations.
8. UTILITIES: On or after the Date of Possession, Providence shall arrange and pay
for all utilities and other services to be furnished to the Premises, including gas, fuel, oil,
electricity, sewer, water, telephone, internet, cable television, and garbage collection.
9. TAXES: On or after the Date of Possession, Providence shall be responsible for
and shall pay before delinquency all governmental taxes, assessments charges, or liens assessed
during the term of this Agreement against any leasehold interest or property of any kind or
income or sales of any kind related to the Premises. Providence may contest, by appropriate
proceedings, any tax assessment, charge, or lien, but such contest shall not subject any part of the
Premises or Equipment to forfeiture or loss. Providence and KIB agree to negotiate in good faith
regarding any KIB property taxes levied or assessed on the Premises owned by KIB and leased
to Providence, or any property owned by Providence during the teen of this Agreement.
10. USE: Providence shall use and operate the Premises for an extended carc facility,
for any additional health care - related purposes as may be appropriate, and for any uses which arc
accessory, ancillary, complimentary, or reasonably related thereto. Providence shall provide,
equip, and maintain adequate facilities for the continuation of full range of general long -term
care services as economically feasible and warranted by the local physicians' levels of ability and
7
the reasonable needs of the community, as determined in Providence's sole discretion and in
accordance with the terms and conditions as set forth in this Agreement. Subject to the
Borough's prior approval, Providence may convert parts of the Premises into use for other related
purposes. Providence shall operate and maintain a duly licensed long -term care center under the
Alaska Statutes and in accordance with the standards prescribed by the Alaska Department of
Health and Social Services or its successors. Providence will not take any action that would
cause the interest on the KIB Long -Term Carc Center Revenue Bonds to be taxable in
accordance with 26 U.S.C. §§ 103 and 141 through 150, and applicable Treasury Regulations,
Revenue Procedures, and applicable guidance from the Internal Revenue Service.
11. QUIET ENJOYMENT, TITLE, REGULATIONS:
11.1 QUIET ENJOYMENT: From and after October 1, 2014, KIB warrants that
Providence, upon paying the rent and any other charges as provided for in this Agreement and
upon performing all other obligations herein, shall quietly have, hold, and enjoy the Premises
without hindrance.
11.2 TITLE: KIB has procured title insurance for the real property portion of the
Premises as shown by the standard owner's policy issued by Western Alaska Land Title
Company. KIB, to its knowledge, is not aware of any unrecorded liens on the Premises. KIB
does not, expressly or implicdly, warrant title to the Premises. Providcncc will not take, or omit
to take, any action that results in a lien on the Premises, provided that Providence shall be given
a reasonable amount of time to promptly have the lien released or to bond over such lien after
Providence becomes aware, or reasonably should become aware, of any such lien.
11.3 BUILDING REGULATIONS: As of the Date of Possession, KIB will warrant
that there are no existing violations of applicable building, fire, and health codc regulations of
which it is aware.
12. PRIOR AGREEMENTS: KIB wartants that entering into this Agreement does
not breach any commitments or responsibilities of K1B under prior agreements, including, but
not limited to, fi nancing agreements, and that KIB shall defend and hold Providence harmless
from any claims, liabilities, and expenses arising from or in any way related to any prior
agreements of KIB, except to the extent such agreements arc assumed by Providence.
13. ACCREDITATION: Should Providence choose to seek such accreditation.
Providence will use its best efforts (so long as it is in the best interests of Providence and KIB) to
cause the Long-Term Care Center to become and remain accredited by such accrediting body as
Providcncc deems appropriate. Providence will keep KIB apprised of its accreditation status.
14. MEDICARE /MEDICAID PARTICIPATION: Providence hereby represents and
warrants that it is not and at no time has been excluded from participation in any federally -
funded health care program, including Medicare and Medicaid. Providcncc hereby agrees to
promptly notify KIB upon learning of any threatened, proposed, or actual exclusion from any
federally- funded health care program, including Medicare and Medicaid, and shall promptly take
all actions necessary or desirable to prevent exclusion from any such program. In the event that
Providence is excluded from participation in any federally - funded health care program during the
8
term of this Agreement, or if at any time aver the Effective Date of this Agreement it is
determined that Providence is in breach of this Section, this Agreement shall, as of the Effective
Date of such exclusion or breach, automatically terminate.
15. DISPOSAL OF MEDICAL WASTE AND /OR GARBAGE: On or after the Date
of Possession, Providence shall, at its expense, properly and timely dispose of all medical waste
and /or garbage refuse according to any and all laws governing disposal of the same.
16. INSURANCE:
16.1 PROVIDENCE: Providence shall, at its expense, maintain throughout the term of
this Agreement the following insurance:
A. Insurance against Toss or damage by fire and such other risks, including
earthquake insurance, with extended coverage in an amount not less than the replacement value
of Providence's property in and on the Premises from time to time; and
B. Insurance against claims for personal injury and property damage occurring on
the Premises under public liability and malpractice policies with limits of not less than
$1,000,000 per person, $3,000,000 per occurrence, and $500,000 for property damage arising out
of any single occurrence. Such insurance policies may provide for partial self- insurance under
the same terms as the policies for long -tens care facilities owned and operated by Providence.
KIB shall be named as an additional insured party on each such policy of insurance, and
certificates thereof shall be furnished to KIB.
C. Insurance against Toss or damage and claims for personal injury and property
damage for all vehicles titled to and operated by Providence with limits of not less than
$1,000,000 per person, $3,000,000 per occurrence, and $500,000 for property damage arising out
of any single occurrence. Such insurance policies may provide for partial self- insurance under
the same terms as the policies for long -term care facilities owned and operated by Providence.
KIB shall be named as an additional insured party on each such policy of insurance, and
certificates thereof shall be furnished to KIB.
16.2 KIB:
A. KIB shall, at its expense, maintain throughout the term of this Agreement
insurance to cover all conditions, events, and liabilities arising out of its actions and activities
relating to the Premises, including construction of the Long-Tenn Care Center.
B. KIB shall maintain property coverage against Toss or damage by fire and other
risks, including earthquakes, for the Long -Tenn Care Center, in an amount not Tess than
replacement value of the property. Providence shall be responsible for payment of KIB's
property and earthquake coverage cost, to be paid to KIB as part of each monthly Lease
Payment.
9
16.3 DEDUCTIBLES:
Providence shall be responsible for all insurance deductibles, including MB's earthquake
coverage deductible of 2% per occurrence per unit of insurance (real and personal property and
time clement) subject to a $100,000 minimum, KIB's flood coverage deductible and KJB's
deductibles for other covered perils, each not to exceed $100,000. The deductibles are subject to
change from time to time following notice to Providence where such notice is given in
accordance with Section 16.5.
16.4 PROOF OF INSURANCE: On the Date of Possession and each year thereafter,
the other party shall provide insurance certificates and endorsements confirming the existence of
the insurance required of such party hereunder.
16.5 NOTICE: The parties shall request that all insurance policies maintained by
either party shall include a requirement that the other party be notified in writing at least 30 days
prior, or promptly upon becoming aware, of any cancellation, reduction, or material change in
any of the required insurance policies. If the insurance companies will not, or are unwilling to,
provide such notice, the parties shall notify each other at least 30 days prior, or promptly upon
becoming aware, of any cancellation, reduction, or material change in any of the required
insurance policies.
17. EQUIPMENT AND VEHICLES:
17.1 VEHICLES: Any motorized vehicles acquired as FF &E shall be titled and
documented in Providence's name and Providence shall be solely responsible for providing all
necessary insurance, including the requirement stated in Section 16.1(C) of this Agreement, and
all repairs and maintenance of said vehicles and their replacements for the term of the
Agreement.
17.2 ADDITIONAL EQUIPMENT: Providence may purchase additional equipment
or personal property to be used in the maintenance or improvement of the Long -Term Care
Center's operations. Such additional equipment or personal property shall be Providence's
property, and shall be tagged as such. Upon termination or expiration of this Agreement, KIB
may purchase any items of cquipmcnt or personal property uscd in the Long -Term Care Center
and paid for by Providence. The purchase price shall be Providence's depreciated book value of
the acquired equipment or personal property. Minor equipment previously expensed by
Providence and equipment and furnishings purchased by Providence with no book value shall be
contributed to the KIB at the termination or expiration of this Agreement. Any equipment or
personal property which belongs to Providence and is not purchased or accepted by KIB will be
removed by Providence after the termination or expiration of this Agreement.
18. MAINTENANCE AND REPAIRS: On or after the Date of Possession.
Providence shall cause the Premises to be maintained and repaired in accordance with all state
and local codes, and keep the Premises in a condition at all times consistent with industry
standards, including, but not limited to, cleaning, painting, decorating, plumbing, carpentry,
grounds care, and such other maintenance and repair work as may be necessary. Throughout the
term of this Agreement, KIB shall provide and pay for any major maintenance and repairs.
10
Major maintenance and repairs are defined as repairs equal to or greater than $25,000. If a repair
is greater than or equal to $25,000, KIB shall be responsible for the full amount of the repair.
Providence shall be responsible for all repairs less than $25,000. If repairs go over the $25,000
limit because maintenance or repairs were not accomplished by Providence in a timely manner,
KIB reserves the right to perform repairs or maintenance and KIB will be reimbursed by
Providence for all costs of such repairs and maintenance.
19. CONDITION ON SURRENDER: Upon termination or expiration of this
Agreement, Providence shall surrender the Premises to KIB, including any FF &E, in
substantially thc same condition as exists on the date Providence took possession of the
Premises, except for reasonable wear and tear.
20. IMPROVEMENTS AND ALTERATIONS: Providence shall make no material
alterations in, or material additions or improvements to, the permanent structure of thc Premises
without first obtaining the written consent of KIB. Any such additions and improvements made
to the permanent structure of the Premises shall remain upon and be surrendered with such
Premises as a part thereof at the expiration of the term of this Agreement, by lapse of time, or as
otherwise provided herein.
21. CONTRIBUTIONS: In the event that contributions are made to Providence for
the benefit of the Premises and /or KIB, Providence may accept such contributions, it being
understood, however, that Providence shall comply with the wishes of the donor insofar as they
are compatible with the operation of the Long -Term Carc Center and /or the use of the Premises,
and that all property purchased with such contributions shall be and remain a part of the Premises
and shall revert to KIB at the expiration or termination of Agreement. Should the terms or
conditions of the contribution indicate that it is intended for Providence and not for the Premises
or KIB, Providence shall accept the contribution on its own behalf and utilize the funds in its sole
discretion. For purposes of this paragraph the term "contribution" shall include a gift, bequest,
grant, or donation of money or property. It is expressly understood that the term "contribution"
does not include any money derived by, or from, taxes or other governmental funds or entities.
22. ADMISSION TO LONG -TERM CARE CENTER: Persons in need of care
available at the Long -Term Care Center shall not be denied admission to the Long-Term Care
Center on the basis of race, creed, color, national origin, or financial circumstances.
23. INDEMNIFICATION:
23.1 INDEMNIFICATION BY PROVIDENCE: Providence hereby agrees to
indemnify and hold KIB harmless from and against any and all claims and demands for injury or
death to persons and damage to property arising from Providence's operations on the Premises
during the tern hereof, and will defend KIB from any claim of liability on account thereof.
Providence shall have no obligation for any and all liability with respect to any claims resulting
from the negligence or intentional misconduct of KIB or its agents or employees.
23.2 INDEMNIFICATION BY KIB: To the extent permitted by law and subject to
appropriation by the Kodiak Island Borough Assembly in its sole discretion, KIB hereby agrees
to indemnify and hold Providence harmless from and against any and all claims and demands for
II
injury or death to persons and damage to property arising from KIB's actions or inaction related
to the Premises, including, but not limited to, construction of the improvements, and will defend
Providence from any claim of liability on account thereof. KIB shall have no obligation for any
and all liability with respect to any claims resulting from the negligence or intentional
misconduct of Providence or its agents or employees.
23.3 HAZARDOUS SUBSTANCE INDEMNIFICATION BY PROVIDENCE:
Providence shall indemnify, defend, and hold KIB harmless from and against any and all claims,
demands, damages, losses, liens, costs, and expenses (including attorney's fees and
disbursements) which accrue to or are incurred by KIB arising directly or indirectly from or out
of or in any way connected with: (a) any activities of Providence or its agents or employees or
invitees on the Premises during the term of this Agreement which directly or indirectly resulted
in the Premises being contaminated with Hazardous Substances; (b) the discovery of I- lazardous
Substances on the Premises whose presence was caused following the Date of Possession; and
(c) the clean -up of Hazardous Substances on the Premises whose presence was caused following
the Date of Possession. Providence shall have no obligation for any and all liability with respect
to any claims resulting from the negligence or intentional misconduct of KIB or its agents or
employees or, except as provided in (a) hereof, for activities or actions prior to the Date of
Possession. For purposes of this subsection, Providence invitees do not include KIB or KIB
contractors when performing pursuant to a contract with KIB.
23.4 LIMITED RELEASE BY KIB: Except as provided in 23.3, KIB hereby releases
Providence from damages, loss, and liability arising directly or indirectly from or out of or in any
way connected with: (a) any activities on or nearby the Premises during the period from the
Effective Date to the Date of Possession, which directly or indirectly result in the Premises being
contaminated with Hazardous Substances; (b) the discovery of Hazardous Substances on the
portion of the Premises whose presence was caused during the period from the Effective Date to
the Date of Possession; and (c) cost of cleanup of Hazardous Substances on that portion of the
Premises whose presence was caused during the period from the Effective Date to the Date of
Possession. KIB shall have no obligation to release Providence with respect to any claims
resulting from the negligence or intentional misconduct of Providence or its agents or employees
or invitees. For purposes of this subsection, Providence invitees do not include KIB or KIB
contractors when performing pursuant to a contract with KIB.
24. RECORDS:
24.1 ACCESS TO RECORDS: KIB and Providence further agree that Providence
shall retain and make available upon request for a period of four years after the furnishing of
such services (operation of the Long -Term Care Center) as described in this Agreement, the
books, documents, and records which are necessary to certify the nature and extent of the costs
thereof when requested by the Secretary of Health and Human Services, or the Comptroller
General, or any of their duly authorized representatives.
If Providence carries out any duties of this Agreement through a subcontract with a related
organization, valued at $10,000 or more over a 12 -month period, the subcontract shall also
provide that the Secretary of Health and Human Services or the Comptroller General may have
access to the subcontract and the subcontractor's books, documents, and records necessary to
12
verify the costs of the subcontract for a period of four years after the services have been
furnished.
This provision relating to the above retention and production of documents is included
because of possible application of Section 1861(v)(I)(I) of the Social Security Act to this
Agreement; if this Section should be found to be inapplicable, then this clause shall be deemed to
be inoperative and without force and effect.
24.2 OPERATIONAL RECORDS:
A. Throughout the term of this Agreement, Providence shall provide the following to
KIB:
(1) Upon request by MB, audited financial statements, and a balance sheet
and income statement for Providence Kodiak Island Medical Center;
(2) All federal and state inspection results, when received by Providence,
relating to the condition of the Long -Term Care Center and any renewal and replacement items
identified by Providence as needing attention;
(3) Upon request by KIB, a maintenance plan, including preventive
maintenance, identifying routine and periodic maintenance required for the Premises. The
maintenance plan will include evidence acceptable to KIB that Providence has adopted a
preventive maintenance plan that includes a formal systematic means of tracking the timing and
costs associated with planned and completed maintcnancc activities, including scheduled
preventive maintenance; addresses energy management for the Premises; includes a regular
custodial care program for the Premises; includes preventive maintenance training for facility
managers and maintenance employees; and includes renewal and replacement schedules for
electrical, mechanical, structural, and other components of the Long -Term Care Center operated
by Providence. Within 30 days following a request by KIB, Providence and KIB will schedule a
mutually agreeable time for MB to inspect and review the condition of the Premises. Such
inspection and reviews will not occur more than once each year unless KIB determines that the
Premises are not being maintained in a manner reasonable for such facilities. Upon request,
Providence will also provide assurances necessary to demonstrate that Providence is adequately
adhering to the maintenance plan;
(4) At least 60 days prior to disposing of any FF &E, a list of the FF &E
intended for disposal, and an opportunity for MB to acquire such FF &E; and
(5) An annual presentation to the Borough Assembly regarding utilization and
operations at the Providence Kodiak island Medical Center.
B. On termination of this Agreement, Providence agrees to provide KIB with the
books, documents, and records, including medical records, in regard to the operation of the
Long -Term Care Center, in accordance with all federal, state, and local laws, rules, and
regulations, including, but not limited to, privacy laws.
13
24.3 CONFIDENTIAL INFORMATION: Providence shall comply with all applicable
laws, regulations, directives, or requirements in any form related to operating and managing
long -term care facilities, including, but not limited to, the Health Insurance Portability and
Accountability Act of 1996 ( "HIPAA "), and applicable provisions of the Health Information
Technology Economic Clinical Health Act of 2009 ( "HITECH "). KIB shall not have access to
Protected Health Information as defined by 1-IIPAA and shall take no action that would be a
violation of or cause Providence to violate, HIPAA or HITECH or Alaska patient privacy
statutes.
24.4 ADMINISTRATOR: All administrators for the Long -Term Care Center shall be
selected and hired by Providence. Providcncc shall conduct annual evaluations regarding the
Administrator. Providcncc agrees to provide reasonable support and assistance to the
Administrator to enable thc Administrator to administer the business and affairs of the Long -
Term Care Center in an efficient and business -like manner consistent with the needs of the
community.
24.5 TERMINATION OF ADMINISTRATOR: Notwithstanding any other terms and
conditions of this Agreement to the contrary, in the event this Agreement is terminated prior to
the expiration of its full term as a result of a default by Providence, then Providence shall
provide, at Providence's sole expense, an Administrator selected by KIB for the Long -Term Care
Center on a contract basis for up to 180 days following the termination, if requested by KIB.
25. GOVERNANCE: The overall management and control of the Long -Term Care
Center will rest with the Providence Alaska Regional Board. It is anticipated that two KIB
residents will be eligible to participate as voting members on this Board. One member shall be
the Chief of Staff and one member shall be the Board Chair of the Community Advisory Board.
26. COMMUNITY ADVISORY BOARD: An Advisory Board meeting the
requirements of 7 AAC 13.030(a) will be appointed by Providence to provide input to thc Long -
Term Care Center and Providcncc Alaska Regional Board about the concerns of the community
regarding the operation of the Long -Terri Care Ccntcr and to undertake the responsibilities set
out at 7 AAC 13.030(b) and (c). One KIB Assembly member shall be appointed by Providence
as a full voting member of the Community Advisory Board, and Providence shall give KIB the
opportunity for review and comment before appointments to the Board are made. Providence
shall keep the Community Advisory Board updated with respect to matters of Long -Term Care
Center policy and the relationship of the Long -Term Care Ccntcr to the community and
surrounding areas which it serves.
27. RIGHT TO ENTER PREMISES: Upon reasonable notice, Providcncc shall
permit KIB, its agents, and employees to have access to and to enter the Premises at all
reasonable and necessary times to inspect the Premises.
28. EVENTS OF DEFAULT: An "Event of Default" means any one or more of the
following events, whatever the reason for such Event of Default, and whether it shall be
voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree,
or order of any court or any order, rule, or regulation of any administrative or governmental
body:
14
A. Failure to pay the Lease Payments pursuant to Section 6 of this Agreement,
including any additional rent, when such Lease Payments become due and payable, and
continuance of such failure to pay for a period of 15 days following notice from KIB that the
Lease Payment is past due; or
B. Default in the performance, or breach of any other covenant or warranty by
Providence under this Agreement, and continuance of such default or breach for a period of 30
days after there has been given, by registered or certified mail, to Providence by KIB a written
notice specifying such default or breach and requiring it to be remedied stating that such notice is
a notice of default hereunder, provided that if the nature of such default, other than for non-
payment of rent or other sums, is such that the same cannot reasonable be cured within such
thirty days, Providence shall not be deemed to be in default if Providence shall within such
period commence the cure of such default and thereafter diligently prosecute the same to
completion; or
C. The entry of a decree or order by a court having jurisdiction in the premises
adjudging Providence as bankrupt or insolvent, or approving as properly filed a petition seeking
reorganization, arrangement, adjustment, or composition of or in respect of Providence under the
Federal Bankruptcy Act or any other applicable federal or state law, or appointing a receiver,
liquidator, assignee, trustee (or other similar official) of Providence or of any substantial part to
its property, or ordering the winding up or liquidation of its affairs; or
D. The institution by Providence of proceedings to be adjudicated as bankrupt or
insolvent, or the consent by it to the institution of bankruptcy or insolvency proceedings against
it, or the filing by it of a petition or answer or consent seeking reorganization or relief under the
federal or state law, or the consent by it to the filing of any such assignee, trustee (or other
similar official) of Providence or of any substantial part of its property, or the making by it of an
assignment for the benefit of crcditors, or the admission by it in writing of its inability to pay its
debts generally as they become due, or the taking of corporate action by Providence in
furtherance of any such action; or
E. The suspension, revocation, or termination by the State of Alaska of Providence's
ability to operate a licensed health care facility on the Premises; or
F. The exclusion of Providence from any federally - funded health care program,
including Medicare and Medicaid; or
G. The loss by Providence of its 26 U.S.C. § 501(c)(3) tax - exempt status under
federal law or nonprofit status under Alaska law.
29. DEFAULT REMEDIES: if an Event of Default by Providence occurs and is
material and continuing after notice and an opportunity to cure to the extent provided in Section
28, KIB may:
A. If the Event of Default is related to a payment owed by Providence not being
made more than 15 days after notice from KIB that it is due, or if the Event of Default could
result in KIB's need to defease the KIB Long-Term Care Center Revenue Bonds, or if
Providence loses its 26 U.S.C. § 501(c)(3) tax - exempt status under federal law or nonprofit
15
status under Alaska law, at KIB's option, declare all installments of rent payable under this
Agreement to be immediately due and payable by Providence;
B. Re -enter and take possession of the Long -Term Care Center without termination
of this Agreement, and use its best efforts to sublease the Long -Term Care Center for the account
of Providence, holding Providence liable for amounts unpaid under Section 24.5 and the
shortfall, if any, between the Lease Payments and other amounts payable by the sublessee and
the Lease Payments and other amounts payable by Providence hereunder;
C. Terminate this Agreement, excluding Providence from possession of the Long -
Term Care Center and use its best efforts to lease the Long -Term Care Center, or to another for
the account of Providence, holding Providence liable for amounts unpaid under Section 24.5 and
the shortfall, if any, between the Lease Payments received and the Lease Payments which would
have been receivable hereunder;
D. Terminate this Agreement, exclude Providence from possession of the Long -Term
Care Center, and either operate the Long -Term Care Center or contract with a responsible
operator to operate the Long -Term Care Center;
E. With respect to any personal property, exercise any remedies available to a
secured party under the Uniform Commercial Code;
F. Take whatever action at law or in equity may appear necessary or appropriate to
collect the Lease Payments then due and thereafter to become due, or to enforce performance and
observance of any obligation, agreement, or covenant of Providence under this Agreement.
30. TERMINATION: This Agreement shall not become effective if Providence has
not obtained a Certificate of Need by April 20, 2013. This Agreement shall immediately
terminate if KIB does not issue its Long -Term Care Center Revenue Bonds on or before May
34-June 28, 2013. At any time following the Effective Date, either KIB or Providence may
terminate this Agreement by one year's advance written notice to the other party. This
Agreement shall terminate one year from the date of such notice without further action by either
party and shall be of no further force and effect other than to perform any obligation incurred but
not paid prior to the termination. If Providence is required to perform any duty or provide any
service under the terms of this Agreement that is in conflict with the philosophy, mission, and
values of Providence Health & Services, Providence may terminate this Agreement upon one
year's prior written notice to KIB. Upon any such termination, Providence shall surrender
possession of the Long -Term Care Center to KIB. On the effective date of any such termination,
KIB shall have the option to purchase any such accounts receivable, inventory, equipment, or
supplies at a value agreed to by both parties. In the unlikely event that Providence terminates
this Agreement prior to the expiration of the term of this Agreement, Providence agrees to assist
KIB in locating, selecting, and transitioning a new prospective tenant to operate the facility.
Providence also agrees to cooperate in such a way as to allow KIB to show the Long -Tenn Care
Center to a prospective tenant and accommodate the active transition needs of KIB for the actual
termination. KIB agrees to cooperate in such a way as to accommodate Providence's transition
needs and the removal of Providence's assets. The parties further agree that this Agreement shall
automatically terminate upon the expiration or termination (as applicable) of the Hospital Lease.
16
status under Alaska law, at KIB's option, declare all installments of rent payable under this
Agrccmcnt to be immediately due and payable by Providence;
B. Re -enter and take possession of the Long -Term Care Center without termination
of this Agreement, and use its best efforts to sublease the Long -Term Care Center for the account
of Providence, holding Providence liable for amounts unpaid under Section 24.5 and the
shortfall, if any, between the Lease Payments and other amounts payable by the sublessee and
the Lease Payments and other amounts payable by Providence hereunder;
C. Terminate this Agreement, excluding Providence from possession of the Long -
Term Care Center and use its best efforts to lease the Long -Tenn Care Center, or to another for
the account of Providence, holding Providence liable for amounts unpaid under Section 24.5 and
the shortfall, if any, between the Lease Payments received and the Lease Payments which would
have been receivable hereunder;
D. Terminate this Agreement, exclude Providcncc from possession of the Long -Tenn
Care Center, and either operate the Long -Term Carc Center or contract with a responsible
operator to operate the Long -Term Care Center;
E. With respect to any personal property, exercise any remedies available to a
secured party under the Uniform Commercial Code;
F. Take whatever action at law or in equity may appear necessary or appropriate to
collect the Lease Payments then due and thereafter to become due, or to enforce performance and
observance of any obligation, agreement, or covenant of Providence under this Agreement.
30. TERMINATION: This Agreement shall not become effective if Providence has
not obtained a Certificate of Need by April 20, 2013. This Agreement shall immediately
tem -irate if KIB does not issue its Long -Term Care Center Revenue Bonds on or bcforc May 31,
2013. At any time following the Effective Date, either KIB or Providence may terminate this
Agreement by one year's advance written notice to the other party. This Agreement shall
terminate one year from the date of such notice without further action by either party and shall be
of no further force and effect other than to perform any obligation incurred but not paid prior to
the termination. If Providence is required to perform any duty or provide any service under the
terms of this Agreement that is in conflict with the philosophy, mission, and values of
Providence Health & Services, Providence may terminate this Agreement upon one year's prior
written notice to KIB. Upon any such termination, Providence shall surrender possession of the
Long -Terns Care Center to KIB. On the effective date of any such termination, KIB shall have
the option to purchase any such accounts receivable, inventory, equipment, or supplies at a value
agreed to by both parties. In the unlikely event that Providence terminates this Agreement prior
to the expiration of the term of this Agreement, Providcncc agrees to assist KIB in locating,
selecting, and transitioning a new prospective tenant to operate the facility. Providence also
agrees to cooperate in such a way as to allow KIB to show the Long -Term Care Center to a
prospective tenant and accommodate the active transition needs of KIB for the actual
termination. KIB agrees to cooperate in such a way as to accommodate Providence's transition
needs and the removal of Providence's assets. The parties further agree that this Agreement shall
automatically terminate upon the expiration or termination (as applicable) of the Hospital Lease.
16
•
31. TRANSFERS OF LICENSES AND PERMITS: Upon termination of this
Agreement, the parties will cooperate and jointly prepare and file all applications for transfer of
licenses and permits necessary and incidental to the operation of the Long -Term Care Center,
including, but not limited to, transfer of permits for and inventories of alcohol, narcotics, and
dangerous drugs.
32. NOTICES: All notices, demands, or other writings in this Agreement provided to
be given, made or sent, or which may be given, made or sent, by either party hereto to the other,
shall be deemed to have been given, made, or sent when made in writing and deposited in the
United States Mail, Registered or Certified Mail, postage prepaid, and addressed as follows:
To KIB: Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
To Providence: Regional Vice President/Chief Executive Courtesy Copy:
Providence Health & Services in Alaska Providence Health & Services —
3200 Providence Drive Alaska - Real Estate
P.O. Box 196604 3760 Piper Street, Suite 3035
Anchorage, Alaska 99519 -96604 Anchorage, Alaska 99508
The address to which any notice, demand, or other writing may be given or made or sent
to any party as above provided may be changed by written notice given by such party as above
provided.
33. ASSIGNMENT AND SUBLEASE: Providence may assign this Agreement and
may sublease the Long -Term Care Center, in whole or in part, only with the prior consent of the
KIB, and subject to each of the following conditions:
A. At the time of the making of any such assignment or sublease, there shall be no
event of Default under this Agreement;
B. For so long as any bonds are outstanding, any assignee must be a non - profit
501(c)(3) corporation in order to maintain compliance with certain terms and conditions of the
financing structure used to finance the acquisition, design, construction, and equipping of the
Premises;
C. Any assignee will continue to operate the Premises as a long -term care center, in
accordance with this Agreement;
D. Any assignee of this Agreement shall expressly assume and agree to perform and
comply with all the covenants and provisions of this Agreement on the part of Providence and
shall be jointly and severally liable with Providence for any default in respect to any such
covenant or provision;
17
31. TRANSFERS OF LICENSES AND PERMITS: Upon termination of this
Agreement, the parties will cooperate and jointly prepare and file all applications for transfer of
licenses and permits necessary and incidental to the operation of the Long -Term Care Center,
including, but not limited to, transfer of permits for and inventories of alcohol, narcotics, and
dangerous drugs.
32. NOTICES: All notices, demands, or other writings in this Agreement provided to
be given, made or sent, or which may be given, made or sent, by either party hereto to the other,
shall be deemed to have been given, made, or sent when made in writing and deposited in the
United States Mail, Registered or Certified Mail, postage prepaid, and addressed as follows:
To KIB: Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
To Providcncc: Regional Vice President and Chief Executive
Providence Health & Services in Alaska
3200 Providence Drive
P.O. Box 196604
Anchorage, Alaska 99519 -96604
The address to which any notice, demand, or other writing may be given or made or sent
to any party as above provided may be changed by written notice given by such party as above
provided.
33. ASSIGNMENT AND SUBLEASE: Providence may assign this Agreement and
may sublease the Long -Term Care Center, in whole or in part, only with the prior consent of the
KIB, and subject to each of the following conditions:
A. At the time of the making of any such assignment or sublease, there shall be no
event of Default under this Agreement;
B. For so long as any bonds are outstanding, any assignee must be a non -profit
501(c)(3) corporation in order to maintain compliance with certain terms and conditions of the
financing structure used to finance the acquisition, design, construction, and equipping of the
Premises;
C. Any assignee will continue to operate the Premises as a long -term care center, in
accordance with this Agreement;
D. Any assignee of this Agreement shall expressly assume and agree to perform and
comply with all the covenants and provisions of this Agreement on the part of Providcncc and
shall be jointly and severally liable with Providence for any default in respect to any such
covenant or provision;
17
E. No assignment or sublease shall relieve Providence from primary liability for all
rents and other payments due and for the performance of all other obligations required under this
Agreement;
F. In the case of an assignment of the Agreement or a sublease of all or substantially
all of the Long -Tenn Care Center, the assignee or sublessee shall agree to pay all rent payable by
it directly to KIB, less a pro -rata share of reasonable maintenance, repair, or administrative
handling costs;
G. KIB shall be provided promptly a duplicate original of the instrument or
instruments containing such assignment or sublease;
H. Consent to any proposed assignment or sublease shall be determined by KIB, in
its sole discretion; and
I. Providence may not mortgage or grant a security interest in this Agreement or
leasehold interest. Approval of all subleases assigned by Providence shall be concurrent with the
terms of this Agreement. No assignment for the benefit of creditors or by operation of law shall
be effective to transfer any rights to the Assignee.
34. DAMAGE OR DESTRUCTION: When all or any part of the Premises is
destroyed or damaged, the KIB may:
A. Proceed promptly to replace, repair, rebuild, and restore the Premises to
substantially the same condition as existed before the taking or event causing the damage or
destruction.
B. All buildings, improvements, and equipment acquired in the repair, rebuilding,
replacement, or restoration of the Premises, together with any interests in land conveyed to the
KIB as necessary for such restoration, shall become a part of the Premises and available for use
and occupancy by Providence without the payment of any rents other than those provided in
Section 6.1 and 6.2.
35. CONDEMNATION: If the Premises, or such part thereof as in the reasonable
opinion of Providence renders the remainder unusable for its purpose shall be acquired by
eminent domain, then this Agreement shall cease and terminate as of the date that possession is
taken in such proceeding. Such termination, however, shall not be deemed to deprive
Providence of any of its rights to receive compensation by reason of such taking.
36. WAIVER OF SUBROGATION: KIB and Providence, both on their own behalf
and on behalf of all others claiming through or under either of them, hereby mutually waive and
release all claims, liabilities, and causes of action 'against the other and the agents, servants,
employees, and invitees of each other, for all loss, damage to, or destruction of the Premises or
any portion thereof, as well as the fixtures, equipment, supplies, and other property of either
party located in, upon, or about the Premises resulting from fire or other perils covered by
standard fire and extended coverage insurance, whether caused by the negligence of any of said
persons or entities or otherwise, except to the extent such waiver would violate or otherwise
abrogate the terms of such insurance coverage.
18
37. MISCELLANEOUS: All covenants and agreements in this Agreement by KIB or
Providence shall bind their successors and assigns, whether so expressed or not. In case any
provision in this Agreement shall be invalid, illegal, or unenforceable, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
None of the terms, conditions, covenants, or provisions of this Agreement can be waived by
either party except by appropriate written instrument. The waiver by either party or any breach
of any terns, condition, covenant, or provision herein contained shall not be deemed a waiver of
the same of any tens, condition, covenant, or provision herein contained or of any subsequent
breach of the same or any other term, condition, covenant, or provision herein. This Agreement
shall be construed in accordance with the laws of the State of Alaska. Nothing in this
Agreement, express or implied, shall give to any person, other than the parties hereto, and their
successors and assigns, any benefit or other legal or equitable right, remedy, or claim under this
Agreement. Headings in this Agreement are solely for convenience or reference, do not
constitute a part hereof, and shall not affect the meaning, construction, or effect hereof. The
attached Exhibits shall be constnted with and as an integral part of this Agreement to the same
extent as if the same had been set forth verbatim herein. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument. The parties agree that facsimile or PDF copies of signatures shall
be deemed originals for all purposes hereof and that a party may product such copies, without
the need to produce original signatures, to prove the existence of this Agreement in any
proceeding brought hereunder.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
1 9
IN WITNESS WHEREOF the parties have respectively executed this Agreement the day
and year written below.
PROVIDENCE HEALTH & SERVICES - WASHINGTON
d/b /a Providence Health & Services in Alaska
/ 0
Its: C',hrvf rid - k∎se
Date: ,a- t - a.o' 3
ATTEST:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT ) (� l
,1�
THIS IS TO CERTIFY that on the 1 day of F- Qel,lClc2k.I , before me, a
Notary Pub is in and for the State of Alaska, duly commissioned and sworn as such, perso ally
appeared kieltoP_ I fl nDct_2eay , to me known to be the' ( P (Q1 A+osL t,on
Providence Health & Services - Washington, and known to me to be the person who exec d
the above and foregoing instrument on behalf of Providence Health & Services - Washington,
and who acknowledged to me that he executed the same as a free act and deed of the said entity
for the uses and purposes therein stated and pursuant to the authority granted to him by the
Borough Assembly.
WITNESS my hand and notarial seal the day -and l above in this Certificate
written. N A 1j1 , 4 i '' 6 E ' L3Z_
s i ‘4 .4: • otary . 'tie in and for Alaska )
1; PB G.( p ��//1/
commission expires:
i f s ° 1.Tgr� OF P .
11j111 /1 ♦ E.P \l
20
IN WITNESS WHEREOF the parties have respectively executed this Agreement the day
and year written below.
PROVIDENCE 1IEALTI-I & SERVICES - WASHINGTON
d/b /a Providence Health & Services in Alaska
By:
Its:
Date:
ATTEST:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day of before me, a
Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally
appeared , to me known to be the
Providence Health & Services - Washington, and known to me to be the person who executed
the above and foregoing instrument on behalf of Providence Health & Services - Washington,
and who acknowledged to me that he executed the same as a free act and deed of the said entity
for the uses and purposes therein stated and pursuant to the authority granted to him by the
Borough Assembly.
WITNESS my hand and notarial seal the day and year first above in this Certificate
written.
Notary Public in and for Alaska
My commission expires:
20
KODIAK ISLAND BOROUGH
By:
Charles E. Cassidy, Jr.
Its: Borough Manager
Date:
ATTEST:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the day of , before me, a
Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally
appeared Charles E. Cassidy, Jr., to me known to be the Borough Manager of the Kodiak Island
Borough, and known to me to be the person who executed the above and foregoing instrument
on behalf of the municipality, and who acknowledged to me that he executed the same as a free
act and deed of the said entity for the uses and purposes therein stated and pursuant to the
authority granted to him by the Borough Assembly.
WITNESS my hand and notarial seal the day and year first above in this Certificate
written.
Nova Javier, Borough Clerk
Notary Public in and for Alaska
My commission expires:
21
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EXHIBIT B
LEASE PAYMENTS
!The Lease Payments will be included as Exhibit B pursuant to Subsection 6.2 of
this Agreement. Proceeds of the KIB Long -Term Care Center Revenue Bonds, including
any original issue premium, will be used in accordance with the Borough's Resolution
FY2013- . The Lease Payments will be set at amounts payable on the first day of each
month beginning on the Date of Possession, in amounts sufficient for the Borough to pay
for insurance coverage and to pay semi - annual debt service payments on the KIB Long -
Term Care Center Revenue Bonds when due, excluding the first interest payment date
(expected to be paid from a capitalized interest account) and the final debt service
payment(s) (expected to be paid from the bond reserve account). The capitalized interest
account and bond reserve account will be funded with proceeds of the MB Long -Term
Care Center Revenue Bonds, if the bonds are issued. The capitalized interest is expected to
be sufficient to make the first interest payment on the bonds when due. The bonds may sell
with original issue premium or discount, which may affect the interest rate and debt
service on the bonds, and the parties acknowledge that premium will likely result in a
higher interest rate on the bonds.]
EXHIBIT C
FF &E
I
.�., KODIAK ISLAND BOROUGH
• : "r, AGENDA STATEMENT
M
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.B.4
TITLE: Resolution No. FY2013 -13 Providing for the Issuance of Long -Term Care Center
Revenue Bonds (Providence Kodiak Island Medical Center) in the Principal
Amount of Not to Exceed $20,000,000 for the Purpose of Providing Funds to
Finance, Design, Acquire, Construct, and Equip a Long -Term Care Center in the
Borough and to Do All Things Necessarily Incidental Thereto, Fixing Certain
Covenants Regarding the Payment of the Principal of and Interest on the Bonds;
Providing That Additional Long -Term Care Center Revenue Bonds May Be
Issued on a Parity With Such Bonds Upon Compliance With Certain Conditions;
Authorizing the Execution and Delivery of the Necessary Financing Documents
In Connection Therewith; and Providing the Form and Term of the Bonds.
ORIGINATOR: Finance Director
FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS:
APPROVAL FOR AGENDA: A G I
SUMMARY STATEMENT:
This resolution allows the Borough to issue up to $20,000,000 in revenue bonds to finance a
new long term care center in Kodiak.
The Borough will receive monthly lease payments from the Providence Kodiak Island Medical
Center. These lease payments will cover all costs associated with this bond issue. This
includes principal, interest and issuance costs.
The Providence Kodiak Island Medical Center will receive Medicaid funding to make these
payments
RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -13.
Kodiak Island Borough Page 1 of 1
•
Move to amend Resolution FY2013 -11 by amending the proposed Long -Term Care Center Lease
Agreement attached thereto in the following particulars:
# § /Page Substance of Change Rationale
1 §30/p.16 DELETE everything after the first sentence. Deleted Obligations under the Revenue Bonds cannot
"Termination" material begins with sentence: "At any time after the be terminated and we are depending upon the
306/456 Effective Date, either K/B or Providence may terminate lease payments to meet those obligations.
this agreement by one year's advance written notice to
the other party."
2 §14/p.8 DELETE the final sentence, which reads: "/n the event Same as above. Providence's being excluded
"Medicare /Medicaid Providence is excluded from participation in any federally- from a federally- funded health care program
Participation" funded health care program during the term of this has no effect on KIB's obligations under the
298/456 Agreement ... this Agreement . shall .. automatically Revenue Bonds; those obligations continue.
terminate." The bonds are being sold in reliance upon the
lease payments, so the lease should continue.
3 57.5 (new) /p.7 ADD a new subsection 7.5 entitled GUARANTEE OF If the revenue stream from the lease payments
297/456 REVENUE BONDS which shall read: "Providence agrees is insufficient to cover all payments due under
unconditiona //y to guarantee all payments of principal and the Revenue Bonds, KIB will either have to
interest to be made under any Revenue Bonds issued by cover the difference out of other KIB revenues
K/B in connection with construction of the Long -Term (even though not legally obligated to do so) or
Care Center." see its credit rating suffer because of a default
of the Revenue Bonds. Neither alternative is
acceptable. The lease payments are far more
favorable than would ever be offered by a
private owner in that they cover only the bond
payments. If unexpected circumstances cause
the lease payments to fall short, Providence
should assume responsibility for the bonds.
4 §18/p.10 DELETE everything after the first sentence. Deleted 1) Agreeing to pay for M &R of $25,000 or
"Maintenance and material begins with sentence: "Throughout the term of above encourages the tenant to neglect or
Repairs" this Agreement, KIB shall provide and pay for any major defer maintenance and repairs until the
300/456 maintenance and repairs." underlying problem becomes a major one.
2) The lease payments will cover only the debt
service on the bonds. Nothing is left over for
maintenance or repairs so any such items will
have to come out of KIB general revenues.
# § /Page Substance of Change Rationale
5 §9/p.7 "Taxes" DELETE the final sentence, which reads: "Providence and To the extent Providence is tax exempt, this
297/456 KIB agree to negotiate in good faith regarding any KIB language is pointless. To the extent it is not,
property taxes levied or assessed on the Premises owned Providence should not expect to be treated any
by KIB and /eased to Providence, or any property owned differently than any other taxpayer.
by Providence during the term of this Agreement."
6 §7.1/p.5 AMEND second sentence of ¶A by deleting the phrase Providence was and is free ask KIB to sell it the
"Construction of "by reason of Force Majeure or as a result of delays land and then to build the LTC itself. The
Facility" caused in whole or in part by Providence." As so Borough should not have to risk being found in
295/456 amended, that sentence will read: "If KIB is unable to default if it undertakes that task and then, for
obtain a temporary certificate of occupancy by March 31, any reason, can't finish by Providence's
2014, KIB will not be in default." deadline. As drafted, this provision essentially
states that the Borough is in default if it
doesn't "finish" (by getting a TCO) by March
31, 2014 unless it can attribute the delay to
"Force Majeure" or Providence's fault. There
should be no such qualification or requirement.
The KIB will presumably make a good faith
effort to finish this project "on time." If that
doesn't happen, Providence simply needs to
accept the consequences. The Borough
shouldn't be placed in the position of having to
prove "Force Majuere" or Providence's fault in
order to avoid being found in default.
7 §33 9F/p.18 DELETE from 9F of §33 the words "less a pro -rata share Confusing at best and a potential source of
"Assignment and of reasonable maintenance, repair, or administrative future dispute.
Sublease" handling costs."
308/456
1 Introduced by: Borough Manager
2 Requested by: Borough Assembly
Drafted by: Bond Counsel
3 Introduced: 02/07/2013
4 Adopted:
5
6 KODIAK ISLAND BOROUGH, ALASKA
7 RESOLUTION NO. FY2013 -13
8
9 A RESOLUTION OF THE BOROUGH ASSEMBLY OF THE KODIAK
10 ISLAND BOROUGH, ALASKA, PROVIDING FOR THE ISSUANCE OF
11 LONG -TERM CARE CENTER REVENUE BONDS (PROVIDENCE KODIAK
12 ISLAND MEDICAL CENTER) IN THE PRINCIPAL AMOUNT OF NOT TO
13 EXCEED $20,000,000 FOR THE PURPOSE OF PROVIDING FUNDS TO
14 FINANCE, DESIGN, ACQUIRE, CONSTRUCT, AND EQUIP A LONG -TERM
15 CARE CENTER IN THE BOROUGH AND TO DO ALL THINGS
16 NECESSARILY INCIDENTAL THERETO, FIXING CERTAIN COVENANTS
17 REGARDING THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON
18 THE BONDS; PROVIDING THAT ADDITIONAL LONG -TERM CARE
19 CENTER REVENUE BONDS MAY BE ISSUED ON A PARITY WITH SUCH
20 BONDS UPON COMPLIANCE WITH CERTAIN CONDITIONS;
21 AUTHORIZING THE EXECUTION AND DELIVERY OF THE NECESSARY
22 FINANCING DOCUMENTS IN CONNECTION THEREWITH; AND
23 PROVIDING THE FORM AND TERM OF THE BONDS
24
25 WHEREAS, the Kodiak Island Borough, Alaska, (the "Borough ") has an agreement with
26 Providence Health & Services - Washington d /b /a Providence Health & Services in Alaska, a
27 Washington non - profit corporation in Alaska ( "Providence ") to lease and operate Providence
28 Kodiak Island Medical Center (the "Hospital "); and
29
30 WHEREAS, subject to confirmation that Providence has received a Certificate of Need for a
31 long -term care center on or before April 20, 2013, the Borough plans to finance the
32 acquisition and construction of a long -term care center built on land directly adjacent to the
33 Hospital and belonging to the Borough (the "Project ") to be leased to Providence; and
34
35 WHEREAS, Providence requested the Borough to issue its Long -Term Care Center Revenue
36 Bonds (Providence Kodiak Island Medical Center) in the principal amount of not to exceed
37 $20,000,000 (the "Bonds ") for the purpose of paying all or a portion of the costs of financing
38 the Project and issuance of the Bonds; and
39
40 WHEREAS, the Assembly has held a public hearing in accordance with Section 147(f) of the
41 Internal Revenue Code; and
42
43 WHEREAS, the Constitution and statutes of the State of Alaska permit the Borough to issue
44 revenue bonds to finance any project which serves a public purpose which bonds are
45 secured only by the revenues of the Project and which do not constitute a debt or pledge of
46 the faith and credit or taxing power of the Borough and which may be authorized by the
47 Assembly and do not require ratification by the electors of the Borough; and
48
49 WHEREAS, the Assembly finds that it is in the best interests of the Borough to issue the
50 Bonds on the terms and conditions set forth herein and in a loan agreement, if any, between
51 the Borough and the Bond Bank or other Financial Institution, or as otherwise authorized by
52 this Resolution; and
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 1 of 16
53 WHEREAS, the Bonds will be issued and the proceeds thereof used to finance the Project
54 under the terms and conditions authorized by this Resolution; and
55
56 WHEREAS, it is necessary to establish the form, conditions, covenants, and method of sale
57 of the Bonds and to make provision for establishing the amount, maturities, interest rates,
58 and redemption rights and other terms of the Bonds; and
59
60 WHEREAS, the Bonds will be issued and the proceeds used to finance the Project under the
61 additional terms provided in Financing Documents, which may include all or a portion of the
62 following documents ( "Financing Documents "):
63
64 (a) A Loan Agreement ( "Loan Agreement ") proposed to be made and entered into
65 between the Bond Bank or other Financial Institution and the Borough;
66
67 (b) A Providence Certificate ( "Providence ") proposed to be made and entered into
68 by Providence as a condition of issuance of the Bonds;
69
70 (c) A Purchase Agreement ( "Purchase Agreement ") proposed to be entered into
71 between the Borough and the purchaser /underwriter of the Bonds;
72
73 (d) A Lease Agreement ( "Lease ") proposed to be entered into between the
74 Borough and Providence whereby payments made by Providence to lease the land and
75 facility will be available to make debt service payments on the Bonds; and
76
77 WHEREAS, it is necessary to authorize the Borough Manager and /or the Borough Finance
78 Director to enter into the Financing Documents required for issuance of the Bonds.
79
80 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
81 BOROUGH, ALASKA:
82
83 Section 1. Purpose. The purpose of this Resolution is to authorize the issuance and sale
84 of not to exceed $20,000,000 of the Bonds, to fix the form, covenants, and
85 method of sale of the Bonds, to provide for establishing the amount,
86 maturities, interest rates, redemption rights, and other terms of the Bonds, and
87 to fix the conditions under which additional revenue bonds may be authorized
88 and issued on a parity with the Bonds.
89
90 Section 2. Definitions. As used in this Resolution, unless a different meaning clearly
91 appears from the context:
92
93 (a) "Acquired Obligations" means and includes any of the following
94 securities, if and to the extent the same are at the time legal for investment of
95 funds of the Borough: any noncallable bonds or other noncallable obligations
96 which as to principal and interest constitute direct obligations of, or are
97 unconditionally guaranteed by, the United States of America.
98
99 (b) "Annual Debt Service Requirement" means, with respect to any
100 particular Fiscal Year and to any specified bonds, an amount equal to (i)
101 interest accruing during such Fiscal Year on such bonds, except to the extent
102 such interest is to be paid from deposits in the Debt Service Subaccount from
103 bond proceeds; (ii) the principal amount of such bonds due during such Fiscal
104 Year for which no sinking fund installments have been established; plus (iii)
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 2 of 16
105 the unsatisfied balance of any sinking fund installment for such bonds due
106 during such Fiscal Year.
107
108 (c) "Arbitrage and Tax Certificate" means the certificate executed and
109 delivered by the Borough at the time of issuance and delivery of the Bonds
110 setting forth the Borough's expectations as to the use of Bond proceeds.
111
112 (d) "Assembly" means the general legislative authority of the Borough, as
113 the same may be constituted from time to time.
114
115 (e) "Bond" or "Bonds" means the Kodiak Island Borough, Alaska, Long -
116 Term Care Center Revenue Bonds (Providence Kodiak Island Medical
117 Center).
118
119 (f) "Bond Account" means the Long -Term Care Center Revenue Bond
120 Account created by Section 15 hereof.
121
122 (g) "Bond Register" means the registration books maintained by the
123 Registrar containing the names and addresses of the owners of the Bonds.
124
125 (h) "Bond Year" has the meaning given such term in the Arbitrage and Tax
126 Certificate.
127
128 (i) "Borough" means the Kodiak Island Borough, Alaska, a municipal
129 corporation organized and existing under the Constitution and laws of the
130 State of Alaska.
131
132 (j) "Borough Manager" means the Manager of the Borough or the
133 Administrative Official of the Borough.
134
135 (k) "Code" means the Internal Revenue Code of 1986, as amended, and
136 all applicable regulations thereunder.
137
138 (1) "Debt Service Subaccount" means the Debt Service Subaccount
139 created in the Bond Account by Section 15 hereof.
140
141 (m) "Finance Director" means the Director of the Finance Department of
142 the Borough.
143
144 (n) "Financial Institution" means any bank or other financial institution
145 insured by the Federal Deposit Insurance Corporation ( "FDIC ") or the Federal
146 Savings and Loan Insurance Corporation.
147
148 (o) "Financing Documents" means all or any of the Loan Agreement,
149 Providence Agreement, a Trust Agreement, Purchase Agreement for the
150 Bonds, and the Bond Resolution, or any other documents deemed necessary
151 or desirable by the Manager or Finance Director for issuance of the Bonds.
152
153 (p) "Fiscal Year" means the 12 -month period commencing on July 1 each
154 year through and including June 30 of the following calendar year.
155
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 3 of 16
156 (q) "Future Parity Bonds" means any long -term care center revenue
157 bonds, notes, or other obligations of the Borough, other than the Bonds,
158 issued under a resolution wherein the Borough pledges that the payments to
159 be made out of the Pledged Revenues into the Bond Account and Reserve
160 Subaccount therein to pay and secure the payment of the principal of and
161 interest on such revenue bonds, notes, or other obligations will be on a parity
162 with the payments required by this Resolution to be made out of such Pledged
163 Revenues into such Bond Account and Reserve Subaccount to pay and
164 secure the payment of the principal of and interest on the Bonds.
165
166 (r) "Hospital" means Providence Kodiak Island Medical Center located in
167 Kodiak, Alaska.
168
169 (s) "Lease" means that certain Long -Term Care Center Lease Agreement
170 authorized by the Assembly in fall 2012, between the Borough and Providence
171 for the real property located at 1821 Chichenof Street, Kodiak, Alaska.
172
173 (t) "Loan Agreement" means the Loan Agreement between the Borough
174 and the Alaska Municipal Bond Bank Authority, or a Financial Institution if
175 bank- qualified small issuer bonds are issued, entered into in conjunction with
176 sale of the Bonds and authorized to be entered into pursuant to this
177 Resolution.
178
179 (u) "Parity Bonds" means the Bonds and any Future Parity Bonds.
180
181 (v) "Pledged Revenues" means Lease revenues and interest received and
182 profits derived from the investment of moneys obtained from moneys held in
183 any fund solely to pay or secure the payment of principal and interest when
184 due on any Bonds issued under this Resolution.
185
186 (w) "Project' means the financing, acquisition, design, construction, and
187 equipping of a long -term care center in Kodiak, Alaska.
188
189 (x) "Providence" means Providence Health & Services - Washington d /b /a
190 Providence Health & Services in Alaska, a Washington non - profit corporation.
191
192 (y) "Providence Certificate" means any certificate or certificates provided
193 by Providence as a condition for issuing the Bonds and providing certain
194 assurances to the Borough.
195
196 (z) 'Registered Owner" means the person named as the registered owner
197 of a Bond in the Bond Register.
198
199 (aa) 'Registrar" means the Finance Director of the Borough, or any
200 successor that the Finance Director may appoint.
201
202 (bb) "Reserve Subaccount" means the Reserve Subaccount created in the
203 Bond Account by Section 15 hereof.
204
205 (cc) "Reserve Subaccount Requirement" means an amount equal to the
206 least of (i) 10% of the stated principal amount of the Parity Bonds; (ii) 125% of
207 the average Annual Debt Service Requirement for all Parity Bonds; and (iii)
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 4 of 16
208 the maximum Annual Debt Service Requirement on all outstanding Parity
209 Bonds.
210 (dd) "Resolution" means this Resolution No. FY2013- , validly
211 adopted by the Assembly.
212
213 Section 3. Authorization of Bonds and Purpose of Issuance. For the purpose of providing
214 funds for financing the acquisition, design, construction, and equipping of the
215 Project and paying costs of issuance of the Bonds, the Borough shall issue
216 and sell revenue bonds designated "Kodiak Island Borough, Alaska Long -
217 Term Care Center Revenue Bonds (Providence Kodiak Island Medical
218 Center)" (the "Bonds ") in the aggregate principal amount of not to exceed
219 $20,000,000. The proceeds of the Bonds shall be used to pay the costs to
220 finance, design, acquire, construct, and equip the Project. Issuance costs
221 financed by the Bonds shall not exceed two percent (2 %) of the proceeds of
222 the Bonds. The Project serves a public purpose of the Borough.
223
224 Issuance of the Bonds is subject to confirmation that Providence has obtained
225 a Certificate of Need for the Long -Term Care Center on or before April 20,
226 2013.
227
228 The Manager and /or the Finance Director are hereby authorized to determine
229 whether the Bonds shall be issued through the Bond Bank or issued through a
230 Financial Institution, or whether to issue a portion of the Bonds as bank -
231 qualified small issue bonds, and whether to issue the Bonds in one or more
232 issues, but in no event shall the aggregate principal exceed $20,000,000.
233
234 Section 4. Authorization and Approval of Financing Documents. The Borough is hereby
235 authorized to enter into a Loan Agreement to evidence its repayment
236 obligation with respect to the Bonds (the "Loan Agreement "), or to enter into a
237 bond purchase agreement with an underwriter to purchase the Borough's
238 Bonds. The Borough is hereby authorized to pledge and assign the Lease
239 revenues for repayment of the Bonds. As a condition precedent to the
240 issuance and delivery of the Bonds, Providence shall be required to execute
241 and deliver the Providence Certificate to the Borough, pursuant to which
242 Providence shall provide certain assurances to the Borough and shall provide
243 for the compensation and indemnification of the Borough in connection with
244 the issuance and maintenance of the Bonds. The forms of the Financing
245 Documents are subject to approval by the Finance Director and counsel for
246 the Borough, which approval shall be evidenced by execution and delivery of
247 the Financing Documents by the Borough as therein required. The Loan
248 Agreement is hereby authorized to be executed in the name and on behalf of
249 the Borough by the Manager or Finance Director, but only to be delivered
250 upon execution thereof by both parties to the Agreement.
251
252 Section 5. Date, Maturities, Interest Rates, and Other Details of the Bonds. The Bonds
253 shall be dated and mature on such dates not later than 2034, and shall bear
254 interest from their date payable on such dates, and at such rates, not
255 exceeding six percent (6 %) per annum, as the Manager or Finance Director
256 may fix and determine at or prior to the time of sale of the Bonds.
257
258 The Bonds shall be fully registered as to both principal and interest, shall be in
259 the denomination of $5,000 each, or any integral multiple thereof, and shall be
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 5 of 16
260 numbered separately in such manner and with any additional designation as
261 the Registrar deems necessary for purposes of identification.
262
263 Section 6. Prepayment. Provisions for the optional prepayment of some or all principal
264 installments of the Bonds may be established pursuant to Section 11 of this
265 Resolution. So long as the Bond Bank or a Financial Institution is the owner of
266 the Bond, provisions for optional prepayment and requirements for notice of
267 prepayment shall be as set forth in the Loan Agreement.
268
269 Section 7. Security for the Bonds. The Bonds shall be secured by Lease payments to be
270 made by Providence under the Lease and the additional provisions of the
271 Financing Documents, and shall be a special, limited obligation of the Borough
272 payable solely from and secured by payments to be received pursuant to the
273 Lease. The Premises subject to the Lease shall not be pledged to or
274 subordinated to the payment of the Bonds. The Bonds do not and shall never
275 constitute a debt or indebtedness or loan of the general credit of the Borough
276 within the meaning of any provisions or limitations of the State of Alaska
277 constitution or any statute or ordinance, and shall not constitute or give rise to
278 a general pecuniary liability of the Borough or a charge against the general
279 credit or taxing power of the Borough, and the face of the Bonds shall so state.
280
281 Section 8. Sale of the Bonds. The Manager and Finance Director are each authorized to
282 negotiate and complete the sale of the Bonds on terms and conditions
283 consistent with this Resolution and the Loan Agreement for the Bonds, if any.
284
285 Section 9. Place and Medium of Payment. Both principal of and interest on the Bonds
286 shall be payable in lawful money of the United States of America. For so long
287 as all outstanding Bonds are registered in the name of the Alaska Municipal
288 Bond Bank Authority or a Financial Institution, payments of principal and
289 interest thereon shall be made as provided in the Loan Agreement. In the
290 event that the Bonds are no longer registered in the name of the Alaska
291 Municipal Bond Bank Authority or a Financial Institution, interest on the Bonds
292 shall be paid by check mailed (or by wire transfer to a Registered Owner of
293 Bonds in aggregate principal amount of $1,000,000 or more who so requests)
294 to the Registered Owners of the Bonds at the addresses for such Registered
295 Owners appearing on the Bond Register on or before the interest payment
296 date. Principal of the Bonds shall be payable upon presentation and surrender
297 of the Bonds by the Registered Owners at the principal office of the Registrar.
298
299 Section 10. Registration.
300
301 A. Bond Register. The Bonds shall be issued only in registered form as
302 to both principal and interest. The Registrar shall keep, or cause to be kept, a
303 Bond Register.
304
305 B. Registered Ownership. The Borough and the Registrar, each in its
306 discretion, may deem and treat the Registered Owner of each Bond as the
307 absolute owner thereof for all purposes, and neither the Borough nor the
308 Registrar shall be affected by any notice to the contrary. Payment of any such
309 Bond shall be made only as described in Section 9 hereof, but such
310 registration may be transferred as herein provided. All such payments made
311 as described in Section 9 shall be valid and shall satisfy and discharge the
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 6 of 16
312 liability of the Borough upon such Bond to the extent of the amount or
313 amounts so paid.
314 C. Transfer or Exchange. Bonds shall be transferred only upon the Bond
315 Register kept by the Registrar. Upon surrender for transfer or exchange of
316 any Bond at the office of the Registrar, with a written instrument of transfer or
317 authorization for exchange in form and with guaranty of signature satisfactory
318 to the Registrar, duly executed by the registered owner or its duly authorized
319 attorney, the Borough shall execute and the Registrar shall deliver an equal
320 aggregate principal amount of Bonds of the same maturity of any authorized
321 denominations, subject to such reasonable regulations as the Registrar may
322 prescribe and upon payment sufficient to reimburse it for any tax, fee, or other
323 governmental charge required to be paid in connection with such transfer or
324 exchange. All Bonds surrendered for transfer or exchange shall be cancelled
325 by the Registrar. The Registrar shall not be required to transfer or exchange
326 Bonds subject to redemption during the fifteen (15) days preceding any
327 principal or interest payment date or the date of mailing of notice of
328 redemption of such Bonds, or any Bond after such Bond has been called for
329 redemption.
330
331 D. Registration Covenant. The Borough covenants that, until all Bonds
332 have been surrendered and cancelled, it will maintain a system for recording
333 the ownership of each Bond that complies with the provisions of Section 149
334 of the Code.
335
336 Section 11. Redemption. The Bonds may be redeemed at the times, for the redemption
337 prices, and in such manner, as the Borough Manager or Finance Director may
338 fix and determine at or prior to the time of sale of the Bonds.
339
340 Notice of any intended redemption of Bonds shall be given not less than 45
341 nor more than 60 days prior to the date fixed for redemption by United States
342 mail to registered owners of the Bonds to be redeemed at their addresses as
343 they appear on the Bond Register on the day the notice is mailed; provided,
344 however, that for so long as the Bonds are registered in the name of the Bond
345 Bank or a Financial Institution, all notices shall be given as provided in the
346 Loan Agreement. The requirements of this Section shall be deemed to be
347 complied with when notice is mailed as herein provided, whether or not it is
348 actually received by the Registered Owner.
349
350 All official notices of redemption shall be dated and shall state:
351
352 (a) the redemption date;
353 (b) the redemption price;
354 (c) if fewer than all outstanding Bonds are to be redeemed, the
355 identification (and, in the case of partial redemption, the respective
356 principal amounts) of the Bonds to be redeemed;
357 (d) that on the redemption date the redemption price will become
358 due and payable upon each such Bond or portion thereof called for
359 redemption, and that interest thereon shall cease to accrue from and
360 after said date; and
361 (e) the place where such Bonds are to be surrendered for payment
362 of the redemption price, which place of payment shall be the principal
363 office of the Registrar.
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 7 of 16
364
365 Notice of redemption having been given as provided above, the Bonds or
366 portions of Bonds to be redeemed shall, on the redemption date, become due
367 and payable at the specified redemption price, and from and after such date
368 such Bonds or portions of Bonds shall cease to bear interest. Upon surrender
369 of such Bonds for redemption in accordance with the notice, such Bonds shall
370 be paid by the Registrar at the redemption price. Installments of interest due
371 on or prior to the redemption date shall be payable as herein provided for
372 payment of interest. Upon surrender for any partial redemption of any Bond,
373 there shall be prepared for the Registered Owner a new Bond or Bonds of the
374 same maturity in the amount of the unpaid principal. All Bonds which have
375 been redeemed shall be cancelled and destroyed by the Registrar and shall
376 not be reissued.
377
378 If any Bond shall be duly presented for payment and funds have not been duly
379 provided by the Borough on such applicable date, then interest shall continue
380 to accrue thereafter on the unpaid principal thereof at the rate stated on such
381 Bond until it is paid.
382
383 Section 12. Form of Bonds. The form of the Bonds shall be substantially as follows:
384
385 No. $
386
387 UNITED STATES OF AMERICA
388
389 KODIAK ISLAND BOROUGH, ALASKA
390 LONG -TERM CARE CENTER REVENUE BONDS, 201
391 (PROVIDENCE KODIAK ISLAND MEDICAL CENTER)
392
393
394 REGISTERED OWNER:
395
396 PRINCIPAL AMOUNT:
397
398 The Kodiak Island Borough, Alaska (the "Borough "), a municipal
399 corporation of the State of Alaska, hereby acknowledges itself to owe and for
400 value received promises to pay to the Registered Owner identified above, or
401 its registered assigns, but only from the sources stated herein, the Principal
402 Amount indicated above in the following installments on of each
403 of the following years, and to pay, from the sources stated herein, interest on
404 such installments from the date hereof, payable on , 20
405 and semiannually thereafter on the first days of each and
406 of each year, at the rates per annum as follows:
407
Maturity Principal Interest
Date Amount Rate
408
409 For so long as this Bond is owned by the [Bond Bank/Financial
410 Institution], payment of principal and interest shall be made as provided in the
411 Loan Agreement. In the event that this Bond is no longer owned by the [Bond
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 8 of 16
412 Bank/ Financial Institution], payment of principal of and interest on this Bond
413 will be made by check or draft mailed by first class mail to the registered
414 owner at the address appearing on the Bond Register of the Borough,
415 provided that the final installment of principal and interest on this Bond will be
416 payable at the office of the Finance Director (the "Registrar ") upon surrender
417 of this Bond. Interest shall be computed on the basis of a 360 -day year
418 composed of twelve 30 -day months. Both principal of and interest on this
419 Bond are payable in lawful money of the United States of America solely out of
420 the special fund of the Borough known as the "Long -Term Care Center
421 Revenue Bond Account" created by Section 15 of Resolution No. FY2013-
422 - (the "Bond Resolution ").
423
424 This Bond is one of an issue of Bonds (the "Bonds ") of like date and
425 tenor except as to number, rate of interest, and date of maturity, aggregating
426 the principal sum of $ , and is issued pursuant to the Constitution
427 and statutes of the State of Alaska and duly adopted resolutions and
428 ordinances of the Borough, including the Bond Resolution. The definitions
429 contained in the Bond Resolution shall apply to capitalized terms contained
430 herein. The Bonds are being issued for the purpose of financing, acquiring,
431 designing, constructing, and equipping a long -term care center in Kodiak,
432 Alaska.
433
434 Bonds maturing on or after , 20_, may be called
435 for redemption at the option of the Borough on any date on and after
436 in whole on any date, or in part in increments of $5,000
437 with maturities to be selected by the Borough and by lot within a maturity, at a
438 price of par plus accrued interest to the date of redemption.
439
440 Notice of any such intended redemption shall be given as provided in
441 the [Resolution /Loan Agreement]. From and after the date fixed for
442 redemption, interest on any Bonds so called for redemption shall cease to
443 accrue, provided funds for such redemption are on deposit in the Bond
444 Account.
445
446 This Bond is subject to prepayment as stated in the [Resolution /Loan
447 Agreement].
448
449 This Bond is a special, limited obligation of the Borough giving rise to
450 no charge against the Borough's general credit, and are payable solely from,
451 and constitute claims of the owners thereof against, only the revenues, funds,
452 and assets of the Borough pledged under the [Resolution /Loan Agreement].
453 This Bond shall never constitute a debt or indebtedness of the State of Alaska
454 within the meaning of any provision or limitation of the Constitution or statutes
455 of the State of Alaska or the Borough, or of any political subdivision thereof,
456 and shall never constitute nor give rise to a general pecuniary liability of the
457 State or the Borough or a charge against their general credit or taxing powers.
458
459 This Bond is a special, limited obligation of the Borough, issued in
460 order to provide funds for to finance the acquisition, design, construction, and
461 equipping of a long -term care center leased to Providence Health & Services -
462 Washington d /b /a Providence Health & Services in Alaska, a Washington non -
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 9 of 16
463 profit Providence (the "Providence") pursuant to the Lease between the
464 Borough and Providence.
465
466 No officer, agent, or employee of the Borough, and no officer, official,
467 agent, or employee of the State of Alaska, nor any person executing this
468 Bond, shall in any event be subject to any personal liability or accountability by
469 reason of the issuance of this Bond.
470 This Bond is a "qualified 501(c)(3) bond" as such term is defined in the
471 Internal Revenue Code of 1986, as amended (the "Code ").
472
473 It is hereby certified that all acts, conditions, and things required by the
474 Constitution and statutes of the State of Alaska and the ordinances and
475 resolutions of the Borough to be done precedent to and in the issuance of this
476 Bond have happened, been done, and performed.
477
478 IN WITNESS WHEREOF, the Kodiak Island Borough, Alaska has
479 caused this Bond to be executed with the manual or facsimile signature of its
480 Mayor and to be countersigned with the manual or facsimile signature of its
481 Clerk and the official seal of the Borough to be impressed or imprinted hereon,
482 as of this day of , 201 .
483
484 KODIAK ISLAND BOROUGH
485
486
487
488 Borough Mayor
489
490 ATTEST:
491
492
493
494 Borough Clerk
495
496 Section 13. Execution of Bonds. The Bonds shall be executed on behalf of the Borough
497 with the manual or facsimile signature of the Mayor of the Borough,
498 countersigned with the manual or facsimile signature of the Borough Clerk.
499 The official seal of the Borough shall be impressed or imprinted on each Bond.
500 The execution of a Bond on behalf of the Borough by persons that at the time
501 of the execution are duly authorized to hold the proper offices shall be valid
502 and sufficient for all purposes, although any such person shall have ceased to
503 hold office at the time of issuance and delivery of the Bond or shall not have
504 held office on the date of the Bond.
505
506 Section 14. Mutilated, Destroyed, Stolen or Lost Bonds. Upon surrender to the Registrar
507 of a mutilated Bond, the Borough shall execute and deliver a new Bond of like
508 maturity and principal amount. Upon filing with the Registrar of evidence
509 satisfactory to the Borough that a Bond has been destroyed, stolen, or lost
510 and of the ownership thereof, and upon furnishing the Borough with indemnity
511 satisfactory to it, the Borough shall execute and deliver a new Bond of like
512 maturity and principal amount. The person requesting the authentication and
513 delivery of a new Bond pursuant to this Section shall comply with such other
514 reasonable regulations as the Borough may prescribe and pay such expenses
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 10 of 16
515 as the Borough may incur in connection therewith. Any Bonds issued pursuant
516 to this Section in substitution for Bonds alleged to be destroyed, stolen, or lost
517 shall constitute original additional contractual obligations on the part of the
518 Borough, whether or not the Bonds alleged to be destroyed, stolen, or lost be
519 at any time enforceable by anyone, and shall be equally and proportionately
520 secured with all other Bonds issued hereunder.
521
522 Section 15. Long-Term Care Center Revenue Bond Account and Subaccounts Therein.
523 There is hereby created a special fund of the Borough known as the "Long -
524 Term Care Center Revenue Bond Account" (the "Bond Account "), which fund
525 is a trust fund to be drawn upon for the sole purpose of paying the principal of
526 and interest and premium, if any, on all Parity Bonds. The Bond Account
527 consists of two subaccounts, the Debt Service Subaccount and the Reserve
528 Subaccount. A portion of the proceeds of the Bonds, in an amount to be
529 determined by the Finance Director, will be deposited in the Debt Service
530 Subaccount representing capitalized interest. Amounts pledged to be paid
531 into the Bond Account are hereby declared to be a lien and charge upon
532 Pledged Revenues superior to all other charges of any kind or nature and
533 equal in rank to the charge thereon to pay and secure the payment of the
534 principal of and interest on all Parity Bonds.
535
536 From and after the time of issuance and delivery of the Bonds and as long
537 thereafter as any of the same remain outstanding, the Borough hereby
538 irrevocably obligates and binds itself to set aside and pay into the Debt
539 Service Subaccount out of Pledged Revenues on or before the 20th day of
540 each month the following:
541
542 A. Such amounts, in approximately equal monthly installments, as will be
543 sufficient to accumulate the amount required to pay the interest scheduled to
544 become due on Parity Bonds on the next interest payment date; and
545
546 B. Such amounts, in approximately equal monthly installments, as will be
547 sufficient to accumulate (i) the principal amount of Parity Bonds due for which
548 no sinking fund installments have been established; plus (ii) the unsatisfied
549 balance of any sinking fund installment for Parity Bonds, in each case during
550 the next 12 months.
551
552 Moneys in the Debt Service Subaccount may be held in cash or invested in
553 accordance with the Arbitrage and Tax Certificate. Such investments shall
554 mature prior to the time such money is required for the payment of the
555 principal of or interest on the Parity Bonds. All interest earned on and profits
556 derived from such investments shall remain in and become a part of the Debt
557 Service Subaccount.
558
559 Section 16. Reserve Subaccount. The Borough hereby covenants and agrees that it will,
560 at the time of issuance of the Bonds, cause amounts to be paid into the
561 Reserve Subaccount such that the total amount in the Reserve Subaccount
562 will be equal to the Reserve Subaccount Requirement.
563
564 The Borough further covenants and agrees that it will set aside and pay into
565 the Reserve Subaccount amounts from Pledged Revenues, commencing with
566 the first month following the closing and delivery of the Bonds, so that the
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 11 of 16
567 amount on deposit in the Reserve Subaccount will at all times be at least
568 equal to the Reserve Subaccount Requirement.
569
570 The Borough further covenants and agrees that in the event it issues any
571 Future Parity Bonds hereafter it will provide in each resolution authorizing the
572 same that at the time of issuance of such Future Parity Bonds payments will
573 be made into the Reserve Subaccount such that the total amount of such
574 payments together with the money already in the Reserve Subaccount will be
575 equal to the Reserve Subaccount Requirement.
576 The Borough further covenants and agrees that it will at all times maintain
577 therein an amount at least equal to the Reserve Subaccount Requirement until
578 there is a sufficient amount in the Bond Account and Reserve Subaccount to
579 pay the principal of, premium, if any, and interest on all outstanding Parity
580 Bonds, at which time the money in the Reserve Subaccount may be used to
581 pay such principal, premium, if any, and interest; provided, however, that
582 moneys in the Reserve Subaccount may be withdrawn, or set aside in a
583 special account in the Bond Account pursuant to Section 15 of this Resolution,
584 to pay (with or without other available funds) the principal, premium, if any,
585 and interest on all of the outstanding Parity Bonds of any single issue or series
586 payable out of the Bond Account, so long as the moneys remaining on deposit
587 in the Reserve Subaccount are at least equal to the Reserve Subaccount
588 Requirement on all of the remaining outstanding Parity Bonds. The Borough
589 may, from time to time, transfer from the Reserve Subaccount to the Debt
590 Service Subaccount amounts in excess of the Reserve Subaccount
591 Requirement.
592
593 In the event there shall be a deficiency in the Debt Service Subaccount for
594 meeting maturing installments of either principal of or interest on the Parity
595 Bonds, such deficiency shall be made up from the Reserve Subaccount by the
596 withdrawal of cash therefrom. Any deficiency created in the Reserve
597 Subaccount by reason of any such withdrawal shall then be made up from
598 Pledged Revenues first available therefor after making necessary provision for
599 the required payments into the Debt Service Subaccount. Investments in the
600 Reserve Subaccount shall be valued at amortized cost except that in the event
601 of a deficiency in the Reserve Subaccount caused by the withdrawal or
602 transfer of moneys therefrom the amount of such deficiency shall be
603 determined by valuing all investments in the Reserve Subaccount at the then
604 market value.
605
606 All money in the Reserve Subaccount may be kept in cash or invested in
607 Government Obligations. Such investments shall mature not later than the
608 last maturity of the Parity Bonds outstanding at the time of their purchase.
609 Interest on any such investments and /or any profits realized from the sale
610 thereof shall be deposited in and become a part of the Debt Service
611 Subaccount.
612
613 Section 17. Investment of Certain Accounts. Moneys held in the Bond Account shall be
614 invested and reinvested to the fullest extent in accordance with Borough
615 policy, such investments to mature not later than at such times as shall be
616 necessary to provide moneys when needed for payments to be made from
617 such Accounts, and in the case of the Reserve Subaccount not later than
618 fifteen years from the date of such investment.
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 12 of 16
619
620 Obligations purchased as an investment of moneys in any Account or
621 Subaccount created under this Resolution shall be deemed at all times to be a
622 part of such Account or Subaccount and any profit realized from the liquidation
623 of such investment shall be credited to such Account or Subaccount and any
624 loss resulting from the liquidation of such investment shall be charged to the
625 respective Account or Subaccount.
626
627 In computing the amount in any Account or Subaccount created under this
628 Resolution for any purpose provided in this Resolution, obligations purchased
629 as an investment of moneys therein shall be valued at cost plus interest
630 accrued and unpaid at the date of computation.
631 Section 18. Providence Covenants. As a condition of the issuance and delivery of the
632 Bonds, Providence shall be obligated to execute the Financing Documents to
633 which it is a party. In addition, Providence shall be responsible for ensuring
634 initial and ongoing compliance with Rule 15c2 -12 as promulgated by the
635 Securities and Exchange Commission.
636
637 Section 19. Subordinate Lien Bonds. Nothing contained herein shall prevent the Borough
638 from issuing revenue bonds or notes which are a charge upon Pledged
639 Revenues subordinate or inferior to the payments required herein to be made
640 therefrom into the Debt Service Subaccount and Reserve Subaccount, or from
641 issuing long -term care center revenue bonds to refund maturing bonds for the
642 payment of which moneys are not otherwise available.
643
644 Section 20. Covenants Regarding Arbitrage and Private Activity Bonds. The Borough
645 hereby covenants that it will not make any use of the proceeds of sale of the
646 Bonds or any other funds of the Borough which may be deemed to be
647 proceeds of such Bonds pursuant to Section 148 of the Code which will cause
648 the Bonds to be "arbitrage bonds" within the meaning of said section and the
649 regulations applicable thereunder. The Borough will comply with the
650 requirements of Section 148 of the Code (or any successor provision thereof
651 applicable to the Bonds) and the applicable regulations thereunder throughout
652 the term of the Bonds.
653
654 The Borough further covenants that it will not take any action or permit any
655 action to be taken that would cause the Bonds to constitute "private activity
656 bonds" under Section 141 of the Code. The Borough will take any action
657 determined by the Borough, after consultation with its bond counsel, to be
658 legal and practicable and required to be taken by the Borough under future
659 federal laws or regulations in order to maintain the exemption of the interest
660 on the Bonds from federal income taxation as a "qualified bond" under Section
661 141 of the Code.
662
663 Section 21. Defeasance. In the event that money and /or Acquired Obligations maturing at
664 such time or times and bearing interest to be earned thereon in amounts
665 sufficient to redeem and retire any or all of the Bonds in accordance with their
666 terms are set aside in a special trust account in the Bond Account to effect
667 such redemption or retirement and such money and the principal of and
668 interest on such obligations are irrevocably set aside and pledged for such
669 purpose, then no further payments need to be made into the Bond Account for
670 the payment of the principal of and interest on such Bonds, and such Bonds
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 13 of 16
671 shall cease to be entitled to any lien, benefit, or security of this Resolution
672 except the right to receive the funds so set aside and pledged, and such
673 Bonds shall be deemed not to be outstanding hereunder or under any other
674 resolution authorizing the issuance of Future Parity Bonds.
675
676 Section 22. General Authorization to Municipal Officials. After the sale of the Bonds, the
677 proper officials of the Borough are hereby authorized and directed to do
678 everything necessary to complete such sale and to deliver the Bonds to the
679 purchaser upon payment of the purchase price.
680 Section 23. Amendatory and Supplemental Resolutions.
681
682 A. The Assembly from time to time and at any time may pass a resolution
683 or resolutions supplemental hereof, which resolution or resolutions thereafter
684 shall become a part of this Resolution, for any one or more of the following
685 purposes:
686
687 (1) To add to the covenants and agreements of the Borough
688 contained in this Resolution, other covenants and agreements
689 thereafter to be observed, or to surrender any right or power herein
690 reserved to or conferred upon the Borough.
691
692 (2) To make such provisions for the purpose of curing any
693 ambiguities or of curing, correcting or supplementing any defective
694 provision contained in this Resolution or in regard to matters or
695 questions arising under this Resolution as the Assembly may deem
696 necessary or desirable and not inconsistent with this Resolution and
697 which shall not adversely affect the interest of the owners of the Parity
698 Bonds.
699
700 Any such supplemental resolution of the Assembly may be adopted without
701 the consent of the owner of any Parity Bonds at any time outstanding,
702 notwithstanding any of the provisions of Subsection B of this Section.
703
704 B. With the consent of the owners of not less than 60% in aggregate
705 principal amount of the Parity Bonds at the time outstanding, the Assembly
706 may pass a resolution or resolutions supplemental hereto for the purpose of
707 adding any provisions to or changing in any manner or eliminating any of the
708 provisions of this Resolution or of any supplemental resolution; provided,
709 however, that no such supplemental resolution shall:
710
711 (1) Extend the fixed maturity of any of the Parity Bonds, or reduce
712 the rate of interest thereon, or reduce the amount or change the date
713 of any sinking fund installment requirement, or extend the time of
714 payments of interest from their due date, or reduce the amount of the
715 principal thereof, or reduce any premium payable on the redemption
716 thereof, without the consent of the owner of each Parity Bond so
717 affected; or
718
719 (2) Reduce the aforesaid percentage of owners of Parity Bonds
720 required to approve any such supplemental resolution without the
721 consent of the owners of all of the Parity Bonds then outstanding; or
722
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 14 of 16
723 (3) Remove the pledge and lien of this Resolution on Pledged
724 Revenues.
725
726 It shall not be necessary for the consent of the owners of Parity Bonds under
727 this Subsection B to approve the particular form of any proposed supplemental
728 resolution, but it shall be sufficient if such consent shall approve the substance
729 thereof.
730
731 C. Upon the passage of any supplemental resolution pursuant to the
732 provisions of this Section, this Resolution shall be deemed to be modified and
733 amended in accordance therewith, and the respective rights, duties, and
734 obligations of the Borough under this Resolution and all owners of the Parity
735 Bonds outstanding hereunder shall thereafter be determined, exercised, and
736 enforced thereunder, subject in all respects to such modification and
737 amendment, and all the terms and conditions of any such supplemental
738 resolution shall be deemed to be part of the terms and conditions of this
739 Resolution for any and all purposes.
740
741 D. Parity Bonds executed and delivered after the execution of any
742 supplemental resolution adopted pursuant to the provisions of this Section
743 may bear a notation as to any matter provided for in such supplemental
744 resolution, and if such supplemental resolution shall so provide, new Parity
745 Bonds so modified as to conform, in the opinion of the Assembly, to any
746 modification of this Resolution contained in any such supplemental resolution,
747 may be prepared by the Borough and delivered without cost to the owners of
748 Parity Bonds then outstanding, upon surrender for cancellation of such Parity
749 Bonds in equal aggregate principal amounts.
750
751 Section 24. Disposition of the Proceeds of Sale of the Bonds. The proceeds received from
752 the sale of the Bonds (exclusive of deposits into the Debt Service Subaccount
753 and the Reserve Subaccount) shall be deposited into the fund of the Borough
754 designated by the Finance Director and shall be used to pay all costs allocable
755 to the issuance of the Bonds, and to undertake improvements authorized by
756 this Resolution.
757
758 Section 25. Loan /Purchase Agreement and Continuing Disclosure. The Borough Manager
759 and Finance Director are each authorized to enter into a Loan Agreement with
760 the Alaska Municipal Bond Bank Authority and /or other Financial Institution or
761 a purchase agreement with an underwriter or other purchaser of the Bonds
762 providing for and relating to the sale of the Bonds, and a Continuing
763 Disclosure Certificate, and the Manager and Finance Director are each
764 authorized to cause the same to be executed and delivered on behalf of the
765 Borough.
766
767 Section 26. Disposition of the Sale Proceeds of the Bonds. The sale proceeds of the
768 Bonds representing accrued interest on the Bonds, if any, shall be applied to
769 pay a portion of the interest due on the Bonds on the first interest payment
770 date for the Bonds. The sale proceeds of the Bonds representing original
771 issue premium on the Bonds, if any, shall be applied to pay issuance costs of
772 the Bonds, a portion of the interest due on the Bonds on the first interest
773 payment dates for the Bonds, or costs of the Project, and shall be deposited in
774 such manner, as the Borough Manager or the Finance Director may
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 15 of 16
775 determine. The remaining sale proceeds of the Bonds shall be applied to pay
776 costs of the Project and issuance costs of the Bonds, and shall be deposited
777 in the appropriate funds or accounts of the Borough for such purposes.
778
779 Section 27. Severability. If any one or more of the covenants or agreements provided in
780 this Resolution to be performed on the part of the Borough shall be declared
781 by any court of competent jurisdiction to be contrary to law, then such
782 covenant or covenants, agreement or agreements shall be null and void and
783 shall be deemed separable from the remaining covenants and agreements in
784 this Resolution and shall in no way affect the validity of the other provisions of
785 this Resolution or of the Bonds.
786
787 Section 28. Effective Date. This Resolution shall become effective immediately.
788
789 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
790 THIS DAY OF , 2013
791
792 KODIAK ISLAND BOROUGH
793
794
795
796 Jerome M. Selby, Borough Mayor
797
798
799 ATTEST:
800
801
802
803 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough, Alaska Resolution No. FY2013 -13
Page 16 of 16
¢° KODIAK ISLAND BOROUGH
$ ¢401 5 y ', t.
< °': AGENDA STATEMENT
MPOTC‘iv
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.B.5
TITLE: Resolution No. FY2013 -24 Supporting the Alaska Fire Chiefs Association Self
Contained Breathing Apparatus 2013 Legislative Capital Project.
ORIGINATOR: Borough Manager
FISCAL IMPACT: ❑ Yes $ - or ❑ No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Resolution No. FY2013 -24, Backup Information
APPROVAL FOR AGENDA:
SUMMARY STATEMENT:
This resolution was requested by Fire Chief Bob Nimes in support of the Alaska Fire Chiefs
Association's request for a statewide capital project to upgrade Self Contained Breathing
Apparatus (SCBA) for Fire Stations across the State.
This is a project of the Alaska Fire Chiefs Association to make required upgrades of firefighting
self contained breathing apparatus for fire stations across the State of Alaska. The Bayside,
Kodiak City, and Women's Bay fire stations are participating in this project. Total cost for Kodiak
fire stations to upgrade before July 2013 will be $89,700. The cost of upgrading to the new
required standard after July 2013 will be $286,000.
This was put together as a statewide funding request to assist smaller departments with limited
budgets and to fiscally prudent.
RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -24.
Kodiak Island Borough Page 1 of 1
1 Introduced by: Borough Assembly
2 Requested by: Bayside Fire Chief
Drafted by: Bayside Fire Chief
3
Introduced on: 02/07/2013
4 Adopted on:
5
6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO. FY 2013 -24
8
9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
10 SUPPORTING THE ALASKA FIRE CHIEFS ASSOCIATION SELF CONTAINED
11 BREATHING APPARATUS 2013 LEGISLATIVE CAPITAL PROJECT
12
13 WHEREAS, the National Fire Protection Association has issued new sweeping standards
14 for fire service self- contained breathing apparatus (SCBA); and
15
16 WHEREAS, these new standards will prevent the repair and upgrade of the current stock
17 of SCBA for the Bayside, Kodiak City, and Women's Bay Fire stations after July 2013.
18 After July 2013 all new SCBA will have to be purchased to meet the new standards; and
19
20 WHEREAS, current upgrade cost per SCBA is $1,500 compared to replacement cost of
21 $5,500 each; and
22
23 WHEREAS, the Alaska Fire Chiefs Association has requested a statewide legislative
24 capital project to upgrade SCBA's for fire stations across the state as most small rural fire
25 stations cannot afford the cost of SCBA upgrades or replacement; and
26
27 WHEREAS, this statewide legislative capital project is fiscally prudent and benefits the
28 entire state.
29
30 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
31 BOROUGH that we support the Alaska Fire Chiefs Association Self Contained Breathing
32 Apparatus 2013 Legislative Capital Project, and
33
34 BE IT FURTHER RESOLVED that the Kodiak Island Borough Assembly requests that the
35 Alaska Legislature and Governors office support this Capital Project.
36
37 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
38 THIS DAY OF 2013
39
40 KODIAK ISLAND BOROUGH
41
42
43
44 Jerome M. Selby, Borough Mayor
45
46 ATTEST:
47
48
49
50 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough, Alaska Resolution No. FY2013 -24
Page 1 of 1
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40, ALASKA FIRE CHIEF'S ASSOCIATION
N e 2358 Bradway Road, North Pole, Alaska 99705
O�IpT� Phone: (907) 488 -3400 FAX: (907) 488 -6118
The Alaska Fire Chiefs Association, a 501(c) 3 corporation, on behalf of thirty -one (31) of its
member fire departments is requesting funding to upgrade a critical component of firefighters
personal protective equipment; their Self- Contained Breathing Apparatus or SCBAs.
Background:
This project began as a request by seven (7) fire departments from the Fairbanks North Star
Borough who have a critical need to upgrade their current SCBAs. This upgrade, for those
agencies, is driven in large part to a critical failure of a component of their SCBAs called a Scott
Electronic Management System or SEMS.
The SEMS were used to track firefighters on the fire ground and aid the incident commander to
ensure firefighter safety. The SEMS units installed on their packs were first generation units and
have since been replaced by an updated system. All seven departments are now seeing failure in
the SEMS units and the manufacture no longer makes or supports those units. We found that the
only solution is to upgrade the SCBAs to the most current standard.
While researching for a solution to this problem it was discovered that another looming problem
was on the horizon that would affect not only these agencies but many other fire departments
across the State.
The National Fire Protection Association (NFPA) develops, among other things, the standards to
which fire equipment must be manufactured to. "NFPA 1981: Standard on Open- Circuit Self -
Contained Breathing Apparatus (SCBA) for Emergency Services" details the standards that
manufactures must meet to sell SCBAs to the fire service. These standards are updated typically
every four to five years. The current NFPA 1981 Standard is the 2007 Edition. Most fire
departments across the nation usually run two editions behind in the SCBAs they are using. This
is mainly due to the tremendous cost of replacing SCBAs.
It was determined that the best solution to correct the problem with the SEMS units was to
upgrade these departments current SCBAs from the NFPA 2002 Edition SCBAs to the current
2007 Edition SCBAs. In making this determination the departments discovered that the National
Fire Protection Association (NFPA) Standard will be dramatically changing in late 2013.
Two of the main changes in the NFPA 2013 Edition are that new face -piece lens have a higher
thermal degradation level and the low pressure alarm or end -of- service time indicator (EOSTI)
that alerts the firefighter that the air level in their SCBA cylinder has reached a certain level.
This last change is the most dramatic and the most time critical.
Current SCBAs will alert the firefighter when they have 25% air left in the air cylinder. The
2013 edition will require the alarm to alert at 33 %. This change unfortunately has several ripple
effects. First and foremost the SCBA manufactures will no longer be able to retrofit or up -grade
SCBAs to meet this change in the air - packs.
The upgrades we are seeking to do will no longer be available after July of 2013. Any repairs on
air -packs after that time would need to meet the new NFPA 2013 Edition and will require the
total replacement of the air -pack. Current upgrade costs are $1,500 per air -pack compared to
$5,500 to replace the air -pack.
In addition the NFPA 2013 Standard eliminates the ability of departments to use their existing
inventory of 30 minute air- bottles, which most departments use. After the 2013 edition only 45
or 60 minute air - bottles will be usable on SCBAs purchased under that standard thus forcing
additional cost to replace air - bottles as well as purchasing new SCBAs.
Through our Association it was discovered that other fire departments across the State had
similar needs and therefore it was determined to expand the project to include as many
departments as possible.
Fire departments from across the State were contacted to determine if their SCBAs fell into the
category of being upgradable to the NFPA 2007 Edition. Several agencies were found to not
need this upgrade as they had recently purchased new SCBAs. Others, mainly very small
agencies, were found to have SCBAs that were too old to be upgraded. The list of fire
departments in this grant is what we have determined to the best of our ability the ones in need of
this project.
Project Scope:
This project would upgrade all participating department's self - contained breathing apparatus
from the NFPA 2002 Edition to the current NFPA 2007 Edition. Department's would also
upgrade their current SCBA facemasks to the NFPA 2013 Edition taking advantage of the
improved facemasks without having to replace the whole SCBA.
Project Benefits:
o Fiscally prudent in the cost of upgrading is minimal as compared to buying new.
o Extend the service life of current SCBA's through 2018 Edition of "NFPA 1981:
Standard on Open- Circuit Self- Contained Breathing Apparatus (SCBA) for
Emergency Services ".
o Allows departments additional time plan for and phase in the switch from 30 minute
to 45 or 60 minute cylinders
o Extend the warranties on SCBA's: 3 years on electronics and 5 years on back -frames
and masks
o Upgrades the SCBA's to the current 2007 NFPA Edition
o Allows for departments to repair current SCBA's that are currently out of service due
to part's no longer being available for the SEMS units on current SCBA's.
o New SCBA will come with PASS devices that will have the Pack - Tracker firefighter
locator system.
Project Budget:
Y Upgrade SCBA's to the "NFPA 1981 ": 2007 Edition: $1,423,500
O Purchase Facemasks, "NFPA 1981 ": 2013 Edition: $213,525
O Installation of Upgrades in -house by Certified Technician $25,000
Total Protect Budget $1,662,025
For any questions with regards to this project please feel free to contact me at any time.
Sincerely,
Jeff Tucker, Fire Chief
North Star Volunteer Fire Department
Immediate Past President, Alaska Fire Chiefs Association
jtuckerna,northstarfire.org
907 - 488 -3400 (Office)
907 - 378 -4680 (Cell)
Alaska Fire Chiefs Association SCBA Up -Grade Project
# of Airpacks # of Airpacks Total
Department with SEMS without SEMS Airpacks Facemasks Share of Grant
Fairbanks North Star Borough
North Pole Fire Department 36 0 36 36 $62,100
Steese Volunteer Fire Department 40 0 40 40 $69,000
Chena Goldstream Fire Rescue 40 0 40 40 $69,000
Ester Volunteer Fire Department 6 12 18 18 $31,050
University Fire Department 52 0 52 52 $89,700
North Star Volunteer Fire Department 77 28 105 105 $181,125
Fairbanks Area Hazmat Team 0 20 20 20 $34,500
Kenai Peninsula Borough
Kenai Fire Department 26 26 $44,850
Central Emergency Services 68 68 $117,300
Nikiski Fire Department 40 40 $69,000
Bear Creek Fire Department 17 17 $29,325
Moose Pass Volunteer Fire Department 12 12 $20,700
Seward Fire Department 40 40 $69,000
Kechemak Emergency Services 21 21 $36,225
Homer Volunteer Fire Department 35 35 $60,375
Ninilchik Volunteer Fire Department 10 10 $17,250
Anchor Point Volunteer Fire Rescue 12 12 $20,700
Seldovia Volunteer Fire and Rescue 10 10 $17,250
Kodiak Island Borough
City of Kodiak Fire Department 20 20 $34,500
Bayside Fire Station (Fire Protection Area 1) 22 22 $37,950
Woman's Bay Volunteer Fire Department 10 10 $17,250
Ketchikan Gateway Borough
North Tongass Volunteer Fire Department 28 28 $48,300
South Tongass Volunteer Fire Department 18 18 $31,050
Alaska Fire Chiefs Association SCBA Up -Grade Project
Total _
Department Airpacks Facemasks Share of Grant
City and Borough of Juneau
Capital City Fire Rescue 82 82 $141,450
Municipality of Skagway Borough
Skagway Fire Department 21 21 $36,225
The City and Borough of Sitka
Sitka Fire Department 45 45 $77,625
Haines Borough
Haines Volunteer Fire Department 25 25 $43,125
Unorganized Borough
Hoonah Volunteer Fire Department 10 10 $17,250
Dillingham Volunteer Fire Department 16 16 $27,600
Unalaska Fire /EMS 24 24 $41,400
Gustavus Volunteer Fire Department 6 6 $10,350
Nome Volunteer Fire Department 20 20 $34,500
Installation of upgrades in - house by certified
Scott SCBA Technician $25,000
Total Cost for Air -Pack Upgrades, Masks,
and Installation by Technician 949 949 $1,66
Subtotal per Item $1,423,500 $213,525
Cost per Item $1,500 Each $225 Each
SEMS = Scott Electronic Management System
All pack upgrades will include the Pack Tracker feature on the PASS device
Number of Population
Department Firefighters Served
Fairbanks North Star Borough
North Pole Fire Department 36 2,800
Steese Volunteer Fire Department 51 10,000
Chena Goldstream Fire Rescue 49 9,000
Ester Volunteer Fire Department 35 3,500
University Fire Department 52 20,000
North Star Volunteer Fire Department 60 25,000
Fairbanks Area Hazmat Team * 26 0
* FAHT is a Regional and Statewide responder
Kenai Peninsula Borough
Kenai Fire Department 18 7,500
Central Emergency Services 65 20,647
Nikiski Fire Department 50 5,500
Bear Creek Fire Department 33 1,750
Moose Pass Volunteer Fire Department 14 200
Seward Fire Department 32 2,800
Kachemak Emergency Services 36 4,800
Homer Volunteer Fire Department 25 5,700
Ninilchik Volunteer Fire Department 16 800
Anchor Point Volunteer Fire Rescue 40 2,200
Seldovia Volunteer Fire and Rescue 30 461
Kodiak Island Borough
City of Kodiak Fire Department 13 6,500
Bayside Fire Station (Fire Protection Area 1) 32 3,500
Woman's Bay Volunteer Fire Department 15 800
Ketchikan Gateway Borough
North Tongass Volunteer Fire Department 11 3,250
South Tongass Volunteer Fire Department 28 3,000
Department
City and Borough of Juneau
Capital City Fire Rescue 92 I 32,298 I
Municipality of Skagway Borough
Skagway Fire Department 28 I 800
The City and Borough of Sitka
Sitka Fire Department 46 I 9,089
Haines Borough
Haines Volunteer Fire Department 40 I 2,200 I
Unorganized Borough
Hoonah Volunteer Fire Department 17 800
Dillingham Volunteer Fire Department 54 2,900
Unalaska Fire /EMS 39 4,000
Gustavus Volunteer Fire Department 10 700
Nome Volunteer Fire Department 42 3,500
Firefighters Population
Totals 1135 195,995
Total Population of Alaska 731,449
Percentage of Alaska Population Served by Project 27%
c'A
.ela w s '
KODIAK ISLAND BOROUGH
' z e ,a_ AGENDA STATEMENT
`- \'
y
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.C.1
TITLE: Ordinance No. FY2013 -09 Amending Kodiak Island Borough Code of Ordinances
Title 15 Buildings and Construction Chapter 15.10 Building Codes and Chapter
15.30 Fire Code to Standardize the Kodiak Island Borough and the City of
Kodiak Building Codes.
ORIGINATOR: Borough Clerk
FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Ordinance No, FY2013 -09
.6A APPROVAL FOR AGENDA:
SUMMARY STATEMENT:
The Kodiak Island Borough and the City of Kodiak operate a combined building inspection
program and have agreed to coordinate the building codes adopted by each of the local
governments in order to ensure continuity throughout the jurisdiction of the joint program. A joint
Borough /City committee has met to review the building codes adopted by the Borough and
City, and that committee has recommended the Borough Assembly and City Council adopt
updated versions of the building and fire codes.
RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -09 in first reading to
advance to public hearing at the next regular meeting of the Assembly.
Kodiak Island Borough Page 1 of 1
Introduced by: Administrative Official Cassidy
Requested by: Building Inspector
1 Drafted by: Building Inspector /Borough
Clerk
2 Introduced: 02022013
3 Public Hearing:
4 Adopted:
5
6 KODIAK ISLAND BOROUGH
7 ORDINANCE NO. FY2013 -09
8
9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
10 AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 15
11 BUILDINGS AND CONSTRUCTION, CHAPTER 15.10 BUILDING CODES AND
12 CHAPTER 15.30 FIRE CODE TO UPDATE AND STANDARDIZE THE KODIAK ISLAND
13 BOROUGH CODE.
14
15 WHEREAS, the Joint Building Code Review Committee met with the building official in
16 2012 to consider revisions to the building codes; and
17
18 WHEREAS, the Joint Building Code Review Committee reviewed the 2012 International
19 Residential Code (IRC); and
20
21 WHEREAS, the Joint Building Code Review Committee reviewed the 2009 International
22 Building Code (IRC) and Appendix J, Grading; and
23
24 WHEREAS, the Joint Building Code Review Committee reviewed the 2009 International
25 Fire Code (IFC); and
26
27 WHEREAS, the Joint Building Code Review Committee reviewed the 2009 Uniform
28 Plumbing Code (UPC), 2009 International Mechanical Code (IMC), 2011 National
29 Electrical Code (IEC), and the 2009 International Fuel Gas Code; and
30
31 WHEREAS, the Joint Building Code Review Committee has recommended that the City
32 of Kodiak and the Kodiak Island Borough adopt updated building code editions; and
33
34 WHEREAS, the Joint Building Code Review Committee made the motions to adopt the
35 above codes with revisions as it applies to the Kodiak Island Borough Code, Chapter 15;
36 and
37
38 WHEREAS, the motion passed by a majority vote of the Committee; and
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
41 BOROUGH THAT:
42
43 Section 1: This ordinance is of a general and permanent nature and shall become a
44 part of the Kodiak Island Borough Code of Ordinances;
45
46 Section 2: Title 15 Buildings and Construction Chapter 15.10 Building Codes,
47 15.10.010 Adoption of building and other codes is hereby amended as
48 follows:
49
Kodiak Island Borough Ordinance No. FY2013 -09
Page 1 of 8
50
51 Chapter 15.10
52 BUILDING CODES
53 Sections:
54 15.10.010 Adoption of building and other codes.
55 15.10.020 Repealed.
56 15.10.030 Copies on file for sale.
57 15.10.040 Repealed.
58 15.10.050 Remote area exemption.
59 15.10.060 Plan check and approval.
60 15.10.070 Repealed.
61 15.10.080 - e_ • - -.. Use of Local Sitka
62 Spruce Allowed in One- and Two - Family Dwelling.
63 15.10.090 - •• : :'• : -ee: • e::•:' •• - -- - - - International
64 Building Code Appendix J Grading
65 15.10.100 Sanitation facilities.
66 15.10.110 Building permit fees.
67 15.10.120 Temporary structures.
68 15.10.130 Roof snow load.
69 15.10.140 Repealed.
70 15.10.150 Repealed.
71 15.10.160 Footings — General.
72 15.10.170 Certificate of occupancy.
73 15.10.180 Hoop houses.
74 15.10.010 Adoption of building and other codes.
75 The following codes are hereby adopted by reference as the building codes for the
76 borough:
77 I A. The 2006 2009 International Building Code, as adopted with revisions in 13 AAC
78 50.020 in offoct as of Soptombor 17, 2007, and including Appendix H, Signs, for all
79 buildings except one- and two- family dwellings and residential accessory buildings;
80 provided, that the following revisions to the 2006 2009 International Building Code in 13
81 AAC 50.020 are not adopted: (i) the deletion in 13 AAC 50.020(1) of Sections 103, 104.4,
82 104.6, 104.8, 105.4, 106.5, 107.5, 108.2, 108.4, 4084,09 109.2, 109.5, and 110 to 115
83 and JO the revisions in 13 AAC 50.020(7), (8), (9), (10), (11), (16), (17), (66), (73), (74)
84 and (77) (78);
85
86 " - _- •• •
89 P. - - - •• • • ' set : , e _-
90
91 B. 2012 International Residential Code For One and Two Family Dwellings with the
92 following revisions.
93
94 1. R105.2. Work exempt from permit is amended to read as follows:
95 Building: #10. Decks not exceeding 200 square feet (18.58 m in area, that are
96 not more than 30 inches (762 mm) above grade at any point.. : • - - • - - • - - -
98 1
Kodiak Island Borough, Alaska Ordinance No. FY2013 -09
Page 2 of 8
99 2. R301.2.1.1 Wind limitations and wind design required is amended to read as
100 follows at the end of the section:
101 The following may be built to Seismic design category D2 with 110 MPH wind speed in B
102 and C wind exposure areas provided that the house was permitted before the adoption of
103 the 2012 Residential Building Code.
104 1) One permit only. An addition that is not more than 15% of the total gross square
105 foot area of the existing building that the addition will be attached to. Roof pitch is a
106 maximum of 5/12 or less. One story additions may be built on a piling foundation provided
107 existing building has a piling foundation.
108 2) Other exempt structures in section R105.2 Work exempt from permit.
109
110 3. R311.7.5.1 Risers is amended to read as follows:
111 The maximum riser height shall be 7 3/4 8 inches (496 203mm). The riser shall be
112 measured vertically between leading edges of the adiacent treads. The greatest riser
113 height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5
114 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above
115 at an angle not more than 30 degrees (0.51 rad) from the vertical, Open risers are
116 permitted provided that the opening between treads does not permit the passage of a 4-
117 inch - diameter (102 mm) sphere.
118
119 4. R311.7.5.2 Treads is amended to read as follows:
120 The minimum tread depth shall be 4-0 9 inches (254 228mm). The tread depth shall be
121 measured horizontally between the vertical planes of the foremost projection of adjacent
122 treads and at a right angle to the tread's leading edge. The greatest tread depth within any
123 flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm).
124
125 5. R313.1 Townhouse automatic fire sprinkler systems is amended to read as
126 follows:
127 An automatic residential fire sprinkler system shall may be installed in townhouses.
128
129 6. R313.2 One and two- family dwellings automatic fire sprinkler systems is
130 amended to read as follows:
131 An automatic residential fire sprinkler system shall may be installed in one- and two- family
132 dwellings.
133
134 7. Chapter 11, Energy Efficiency. Remove.
135
136 8. Chapters 24, 25, 26, 27, 28, 29, 30, 31, 32, & 33. Remove plumbing chapters
137 related to the International Residential Code and insert the 2009 Uniform Plumbing Code.
138
139 9. Chapters 34, 35, 36, 37, 38, 39, 40, 41, 42, & 43. Remove electrical chapters of
140 the International Residential Code and insert the 2011 National Electrical Code.
141
142 10. M2002.5. Boiler low -water cutoff is amended to read as follows:
143 All steam and -hot water boilers shall be protected with a low -water cutoff control. The low -
144 water cutoff shall automatically stop the combustion operation of the appliance when the
145 water level drops below the lowest safe water level as established by the manufacturer.
146
147 1 C. 2006 2009 International Building Code Appendix J, Grading;
148
149 D. The 2006 2009 Uniform Plumbing Code, as adopted with revisions in 8 AAC 63.010 in
150 effect as of Scptcmbcr 27, 2008 February 23, 2011, Appendix Chapter B, Explanatory
Kodiak Island Borough, Alaska Ordinance No. FY2013 -09
Page3of8
151 Notes on Combination Waste and Vent Systems; and Appendix Chapter H,
152 Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors;
153
154 1 E. The 2096 2009 International Mechanical Code, as adopted with revisions in 13 AAC
155 50.023 in effect as of September 17, 2007, except for the deletions in 13 AAC 50.023(1) of
156 1 Sections 103, 104, and 106 to 488 110 of the -2006 2009 International Mechanical Code;
157
158 F. The 2008 -2011 National Electrical Code.
159 1. Now Soctien 300.4(G) Protection Against Physical Damage is amended to
160 read as follows:
161 Where subject to physical damage, conductors, raceways, and cables shall be
162 protected.Thermoplastic type insulated conductors may not be installed when the
163 working environment is below 20° Fahrenheit.
164
165 ` 2. Sectien 44948 410.16 is amended to read as follows:
166 410.816 Luminaries (€ixtures) and Transformers in Closets.
167
168 G.The 1997 Uniform Code for the Abatement of Dangerous Buildings;
169
170 H.The 1997 Uniform Housing Code; and
171
172 1 I. 2006 2009 International Fuel Gas Code, Chapters 6 and 7.
173 They are adopted to regulate erection, construction, enlargement, alteration, repair,
174 moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and
175 maintenance of buildings or structures in the borough; to provide for the issuance of
176 1 permits and collection of fees therefor therefore; and to provide penalties for violations of
177 these regulations. The building codes so adopted shall be interpreted, administered, and
178 enforced with the local amendments hereinafter specifically set forth, by the borough
179 building official, who is authorized to take such action as may be reasonably necessary to
180 enforce the purposes of this section. The borough manager may appoint or authorize an
181 assistant or agent to the building official if necessary to carry out the provisions of this
182 section. [Ord. FY2009 -12 §2, 2008; Ord. FY2006 -02 §2, 2005; Ord. 02 -08 §2, 2002; Ord.
183 99 -04 §2, 1999; Ord. 97 -05 §3, 1997; Ord. 92 -11 §2, 1992; Ord. 91 -13 §2, 1991; Ord. 91-
184 01 §2, 1991; Ord. 88 -18 -0 §3, 1988; Ord. 85 -13 -0 §1, 1985; Ord. 84 -61 -0 §10, 1984;
185 Ord. 84 -42 -0 §2, 1984. Formerly §15.04.010].
186
187 Section 3: Title 15 Buildings and Construction Chapter 15.10 Building Codes, Section
188 15.10.080 Uniform Building Code Section 2305 amended is hereby
189 amended as follows:
190 15.10.080 - _ - - • - - - - - - - • - ! - . • . - . Use of Local Sitka Spruce
191 Allowed in One- and Two - Family Dwelling.
192 Ungraded, locally manufactured Sitka Spruce lumber may be used in the construction of
193 one -story and two -story dwellings and accessory buildings. The following values shall be
194 used in determining the structural adequacy of member sizes:
195 Fb single use = 800 # /sq. in.
196 Fb repetitive = 925 # /sq. in.
197 Ft = 475 # /sq. in.
198 Fv = 75 # /sq. in.
199 Fc = 435 # /sq. in.
200 Fc = 825 # /sq. in.
201 E = 1,200,000 # /sq. in.
Kodiak Island Borough, Alaska Ordinance No. FY2013 -09
Page 4 of 8
202 [Ord. 97 -05 §3, 1997; Ord. 88 -18 -0 §6, 1988; Ord. 84 -42 -0 §2, 1984. Formerly
203 §15.04.050].
204
205 Section 4: Title 15 Buildings and Construction Chapter 15.10 Building Codes, Section
206 15.10.090 Uniform Building Code Appendix Chapter 33 amended is hereby
207 amended as follows:
208 15.10.090 - - _ •• - -' :' • : - :: - - - _ - • - - .: - ... • - ... International
209 Building Code Appendix J Grading.
210 Appendix - • - : o - - _ - - ! ! - _ . •_ ..: - J of the 2009 International
211 Building Code is amended to read as follows:
212 Section 3306:2 J103.2 1. When approved by the building official,
213 grading in an isolated area if there is no danger to private or public
214 property. For purposes of this section, a lot located in a recorded
215 subdivision shall not be considered an isolated, self- contained area.
216 2. An excavation below finished grade for basements and footings of a
217 building, retaining wall or other structure authorized by a valid building
218 permit. This shall not exempt any fill made with the material from such
219 an excavation or exempt any excavation having an unsupported height
220 greater than 10 feet after the completion of such structure.
221 8. An excavation which is (1) less than five (5) feet in depth, or (2) which
222 does not create a cut slope greater than ten (10) feet in height and
223 steeper than 1 1/2 horizontal to 1 vertical.
224 9. A fill less than five (5) feet in depth and placed on natural terrain with
225 a slope flatter than 3 horizontal to 1 vertical, not intended to support
226 structures, which does not obstruct a drainage course.
227 Section 3312.2 J106.1 Slope. The slope of cut surfaces shall be no
228 steeper than is safe for the intended use and shall be no steeper than
229 1/2 horizontal to one (1) vertical in solid rock and 2 horizontal to 1
230 vertical in other soils unless the permittee furnishes a soil engineering
231 or an engineering geology report, or both, stating that the site has been
232 investigated and giving an opinion that a cut at a steeper slope will be
233 stable and not create a hazard to public or private property. Where the
234 cut slope in rock exceeds thirty feet in height, a ten foot wide bench
235 shall be provided at twenty feet and at twenty foot intervals thereafter.
236 For slopes greater than 1 1/2 horizontal to 1 vertical, the adjacent
237 property line shall be fenced except along public right -of -way before
238 excavation is begun.
239 Section 3333.2 J107.2 Preparation of Ground. The ground surface shall
240 be prepared to receive fill by removing vegetation, noncomplying fill,
241 topsoil and other unsuitable materials, scarifying to provide a bond with
242 the new fill and, where slopes are steeper than five to one, and the
243 height is greater than 5 feet, by benching into sound bedrock or other
244 competent material as determined by the soils engineer. The bench
245 under the toe of a fill on a slope steeper than 5 to one (1) shall be at
246 least 10 feet wide. The area beyond the toe of fill shall be sloped for
247 sheet overflow or a paved drain shall be provided. When fill is to be
Kodiak Island Borough, Alaska Ordinance No. FY2013 -09
Page 5 of 8
248 placed over a cut, the bench under the toe of fill shall be at least ten feet
249 (10') wide but the cut must be made before placing fill and accepted by
250 the soils engineer and engineering geologist as a suitable foundation for
251 fill. Unsuitable soil is soil which, in the opinion of the building official or
252 the civil engineer or the soils engineer or the geologist, is not competent
253 to support other soil or fill, to support structures or to satisfactorily
254 perform the other functions for which the soil is intended.
255 Section 3333.5 J107.6 Slope. The slope of fill surfaces shall be no
256 steeper than is safe for the intended use. Fill surfaces shall be no
257 steeper than two horizontal to one vertical for soils other than fractured
258 rock and one and one -half horizontal to one vertical for fractured rock.
259 Section 3336.1 J110.1 Slopes. The faces of cut and fill slopes shall be
260 prepared and maintained to control against erosion. This control may
261 consist of effective planting. The protection for the slopes shall be
262 installed as soon as practical and prior to calling for final approval.
263 Where cut slopes are not subject to erosion due to the erosion - resistant
264 character of the materials, such protection may be omitted. Any topsoil
265 available from any cut area shall be stockpiled and used to recover the
266 excavation site upon completion of grading and shall be seeded with
267 appropriate grasses.
268 [Ord. 99 -04 §2, 1999; Ord. 97 -05 §3, 1997; Ord. 92 -11 §5, 1992; Ord. 84 -42 -0 §2, 1984.
269 Formerly §15.04.055].
270
271 Section 5: Title 15 Buildings and Construction Chapter 15.30 Fire Code, Section
272 15.30.010 Adoption is hereby amended as follows:
273 Chapter 15.30
274 FIRE CODE
275 Sections:
276 15.30.010 Adoption.
277 15.30.015 Excoption. Repealed.
278 15.30.020 Copies on file /sale.
279 15.30.025 Fire Safety Inspection Program
280 15.30.030 Plan review
281 * For statutory provisions authorizing adoption by reference to codes of regulations, see
282 AS 29.25.040.
283 15.30.010 Adoption.
284 The 2906 2009 International Fire Code, including Appendices A through G, as adopted
285 with revisions in 13 AAC 50.025 in effect as of Septembor 17, 2007 February 1, 2013,
286 except for the deletions in 13 AAC 50.025(1) of Sections 103, 104.2, 104.3, 104.4, 104.5,
287 104.6, 104.10,104.11, 104.11.1, 104.11.2, 106, 108, 109, and 409 111, ef- the4006 and is
288 revised by deleting the references to the International Property Maintenance Code, and
289 the International Residential Code of the 2009 International Fire Code is hereby adopted
290 by reference as the fire code for the borough. This code establishes regulations affecting
291 or relating to structures, processes, premises and safeguards regarding:
292
293 1. The hazard of fire and explosion arising from the storage, handling or use of
294 structures, materials or devices;
Kodiak Island Borough, Alaska Ordinance No. FY2013 -09
Page 6 of 8
295 2. Conditions hazardous to life, property or public welfare in the occupancy of
296 structures or premises;
297 3. Fire hazards in the structure or on the premises from occupancy or operation;
298 4. Matters related to the construction, extension, repair, alteration or removal of fire
299 suppression or alarm systems; and
300 5. Conditions affecting the safety of fire fighters and emergency responders during
301 emergency operations.
302 The fire codes so adopted shall be interpreted, administered, and enforced with the local
303 amendments hereinafter by a Manager appointed fire code official who is authorized to
304 take such action as may be reasonably necessary to enforce the purposes of this section.
305 The Manager may appoint or authorize an assistant or agent to the fire code official if
306 necessary to carry out the provisions of this section.
307
308 Section 6: Title 15 Buildings and Construction Chapter 15.30 Fire Code, Section
309 15.30.015 Exception is hereby repealed as follows:
310
311 • 312 ' - - - . . -• ! _ . ..
313 5. Formerly §15.2 '1.0151.
314
315 Section 7: Title 15 Buildings and Construction Chapter 15.30 Fire Code, Section
316 15.30.020 Copies on file /sale is hereby amended as follows:
317
318 15.30.020 Copies on file /sale.
3 1 9 After adoption, - - e.. :' • : : •' e - ' _ _ _ _ .... e •
320 :: - -et: - e • • : : _ -.. e.e e. the fire code official shall make available the
321 information necessary to provide for purchasing copies of the Fire Code or referenced
322 standards. [Ord. 97 -05 §5, 1997; repealed by Ordinance No. 92 -11, effective July 2, 1992.
323 Former section derived from Ordinance No. 84 -42 -0 §2, 1984. Formerly §15.24.020].
324
325 Section 8: Title 15 Buildings and Construction Chapter 15.30 Fire Code, Section
326 15.30.025 Fire Safety Inspection program is hereby enacted as follows:
327
328 15.30.025 Fire Safety Inspection program
329 The fire code official will conduct a fire code inspection program which meets or exceeds
330 the program conducted by the State Division of Fire and Life Safety.
331
332 Section 9: Title 15 Buildings and Construction Chapter 15.30 Fire Code, Section
333 15.30.030 Plan review is hereby enacted as follows:
334
335 15.30.030 Plan review
336 The fire code official will assist in the review of fire suppression, fire alarm, and site plan
337 reviews for the purposes of emergency response and suppression with the Building Code
338 Official.
339
340 Section 10: This Ordinance takes effect upon adoption.
341
Kodiak Island Borough, Alaska Ordinance No. FY2013 -09
Page 7 of 8
342
343 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
344 THIS DAY OF 2013
345
346
347 KODIAK ISLAND BOROUGH
348
349
350
351 Jerome M. Selby, Borough Mayor
352
353 ATTEST:
354
355
356
357 Nova M. Javier, MMC, Borough Clerk
358
359
360
Kodiak Island Borough, Alaska Ordinance No. FY2013 -09
Page 8 of 8
�' ` KODIAK ISLAND BOROUGH
V %. .
< fir,. AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.D.1
TITLE: Waive and Release All Attorney - Client Privileged Documents With Respect to
the Borough's Contract with Kodiak Construction Services (KCS).
ORIGINATOR: Borough Clerk
FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Memo from Assembly member Mel Stephens
APPROVAL FOR AGENDA:X c k
SUMMARY STATEMENT:
This agenda item was requested by Assembly member Mel Stephens for the purpose of waiving
any and all privileges of confidentiality, including the attorney - client privilege, association with
respect to the communications listed on the submitted memo. This waiver includes releasing the
documents to the public.
RECOMMENDED MOTION: Move to waive any and all privileges of confidentiality,
including the attorney - client privilege, associated with respect to the communications
listed on the attached memo and to release the documents to the public.
Kodiak Island Borough Page 1 of 1
MELVIN M. STEPHENS, 11
A PROFESSIONAL CORPORATION
ATTORNEY AT LAW
328 CENTER AVENUE, SUITE BOA
P.O. BOX 1129
KODIAK, ALASKA 99615
TELEPHONE (9071 488.3143
January 4, 2013
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Attn.: Nova Javier, Borough Clerk via e-mail
Re: Item for Agenda of January 17 meeting
Dear Nova:
This is the motion I request be placed tom the agenda for the next regular meeting of the
assembly:
Move to waive any and all privileges of confidentiality, including the attorney - client privilege,
associated with respect to the following communications and to release the same to the public:
/1. 6/14/12 e-mail Bud Cassidy to Cheryl Brooking sent 1:18 PM
✓2. 6/19/12 memo, Cheryl Brooking to Bud Cassidy and Nova Javier, sent by e-mail
13. 7/18/12 e-mail Cheryl Brooking to Bud Cassidy; Karl Short sent 11:12 AM
/ 4. 7/18/12 e-mail Bud Cassidy to Cheryl Brooking; Karl Short sent 12:01 PM
15. 9/25/12 e-mail Bud Cassidy to Cheryl Brooking sent 9:54 AM
V. 9/25/12 e-mail Cheryl Brooking to Bud Cassidy sent 1:57 PM
9/25/12 e-mail Bud Cassidy to Cheryl Brooking sent 2:17 PM
V8. 9/26/12 memo, Cheryl Brooking to Mayor and Assembly. Subject: Contract with
Kodiak Construction Services ( "KCS ")
9. All a -mails or other communications between Rick Gifford and Cheryl Brooking prior
to 6/14/12 which mention or discuss the possibility and/or propriety of the Borough
contracting with Chris Lynch and/or Kodiak Construction Services
Thank you,
D/i]'/`J /
Mel Stephens
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
^Qt a ,
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.D.2
TITLE: Approval of the Planning and Zoning Commission By -Laws Amendment.
ORIGINATOR: Community Development Director
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: P &Z By law changes, Minutes from P &Z Meeting approving changes and
current Bylaws
APPROVAL FOR AGENDAi
SUMMARY STATEMENT:
At the Planning & Zoning Commission's November 21, 2012 regular meeting, the Commisison
reviewed and approved changes to its by -laws and recommended that they be forwarded to the
Assembly for consideration and approval. The recommended changes appear as Article IX
Section D - New Information.
The proposed clarification is for the purpose of giving staff explicit instruction as to how
information received after the stipulated timeframe for reciept of such information is to be
handled and shall read "Staff shall not give to the Commission any new information received
less than fifteen (15) days prior to a regular meeting date. Staff shall inform the Commission of
new information received after the fifteen (15) day deadline. That new information may be
considered by the Commission for action at a future meeting or referred to the staff for study ".
RECOMMENDED MOTION: Move to approve the amendment to the Planning & Zoning
Commission By -laws Article IX Procedure, Section D New Information.
Kodiak Island Borough Page 1 of 1
KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
BY -LAWS
ARTICLE I— Authority
Pursuant to Section 2.100.150 of the Borough Code, these by -laws of the Kodiak Island Borough Planning and
Zoning Commission establish the Commission's procedural piles and order of business, except as otherwise
provided by law, subject to approval by the Kodiak Island Borough Assembly.
ARTICLE II Definitions
As used in these by -laws:
"AS" means Alaska Statutes
"Assembly" means the Assembly of the Kodiak Island Borough
"Chairperson" means the presiding officer of the Planning and Zoning Commission
"Commission" means the Planning and Zoning Commission of the Kodiak Island Borough
"Commissioner" means a membcr of the Planning and Zoning Commission of the Kodiak Island Borough
"KIBC" means the Kodiak Island Borough Code
"Staff" means member of the Community Development Department
ARTICLE III — Powers and Duties
The powers and duties of the Commission are spelled out in:
A. AS Title 29, Chapter 40 Planning, Platting, and Land Use Regulation (Attachment A);
B. KIBC Section 2.105.030 (Attachment B);
C. KIBC Section 2.100.020
D. Additional duties are also described in KIBC Title 16 Subdivision, KIBC Title 17 Zoning, and KIBC
Title 18 Borough Real Property.
ARTICLE IV Membership
The membership requirements of the Commission are identified in:
A. KIBC Sections 2.105.010 and 2.105.020 (Attachment B); and
B. KIBC Section 2.100.030 through 2.100.100 (Attachment C).
ARTICLE V— Officers and Duties
A. Election
At its regular meeting in January of each year, the Commission shall elect a Chairperson and Vice- Chairperson
from among its members. The chair will open nominations, a motion and second will be made to close
nominations, and then a roll call vote will be taken. The Vice - Chairperson shall act in the absence of thc
chairperson or in the inability of the chairperson to act. (KIBC 2.100.110).
B. Duties
1. The Chairperson shall preside at all meetings and hearings, call special meetings, perform the duties
normally conferred by parliamentary usage on such office and such duties as may be prescribed by the
Commission.
2. The Chairperson may enter into thc discussion of a matter before the Commission.
3. In the absence of the Chairperson and Vice - Chairperson, the senior member shall preside at the meeting.
ARTICLE VI Quorum and Voting Requirements
A majority (four) of the authorized membcrs of the Commission constitutes a quorum for transaction of
business. The affirmative votes of the majority (four) of the authorized members of the Cotmnission are required
to carry a question. In the absence of a quorum for the transaction of business, any number less than a quorum
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may recess a meeting to a later time and date.
ARTICLE VII -- Meetings'
Meetings of the Commission shall be open to the public and notice posted by the Borough Community
Development Office (KIBC 2.100.030). However, the Commission may meet privately to deliberate when it is
acting in its quasi-judicial role and the meeting is solely to make a decision in an adjudicatory proceeding (AS
44.62.310 (d)( 1).) 2
A. Regular Meetings
1. The Commission shall hold regularly scheduled meetings on the third Wednesday of each month (KIBC
2.200.030).
2. At 5:00 p.m. on the first working day of each month, the agenda for the following month's regular
meeting shall close for public hearing and new business items.
B. Special Meetings
Special meetings may be called by the Chairperson or the Commission, or the municipal employee who is
designated as an ex officio member of the Commission pursuant to Section 2.100.170 of the Borough Code, or a
majority of the Commission (KIBC 2.100.130).
C. Work Session
The second Wednesday of each month will be designated as the packet review work session, with the express
purpose of reviewing the information for the upcoming regular meeting. The Commission may schcdulc other
work sessions at its discretion. Audio files shall be kept on file in the Community Development Department
subject to the records retention schedule.
ARTICLE VIII Conflict of Interest
The rules of conduct regarding conflict of interest are delineated in:
A. KIBC Section 2.100.140 (Attachment C); and
B. KIBC Section 2.35.010 (Attachment D).
ARTICLE IX— Procedure
A. Parliamentary Authority
1. The Community Development Department Secretary shall act as Parliamentarian to the Planning &
Zoning Commission.
B. In all matters of procedure not covered by rules adopted by the Commission, Robert's Rules of
Order; Current Edition by Henry M. Robert, shall be applicable and shall govern. (KIBC 2.100.150) This
1 Interpretation of "regular meeting" to mean "all scheduled meetings of the Commission, both public hearing meetings
and work sessions" approved by the Commission on August 8, 1982. Ratified by the Assembly on September 2, 1982.
2
The Commission serves in both a legislative and a quasi - judicial fashion. It acts legislatively when it passes on general
policy or on the rights of individuals in the abstract. So, the Commission acts legislatively when it makes recommendations
to the Assembly regarding the Comprehensive Plan (AS 29.40.020 and .030 and KIBC 2.105.030 A); regarding land
disposals (KIBC 18.20.030); regarding the annual capital improvement list (KIBC 2.105.030 E); regarding amendments to
KIBC Chapters 16, 17 and 18 or other portions of the code affecting the Commission); regarding amendments to these by-
laws (Article XIII, below); and small -scale rezoning (Cabana v. Kenai Peninsula Borough, 21 P.3d 833, 835 (Alaska 2001).
It likewise acts legislatively when it makes plans for revitalization and reconstruction of areas within the borough (KIBC
2.105.030 D) and otherwise fulfills its duties under KIBC 2.105.030. But, the Commission acts in a quasi - judicial fashion
when it hears cases involving permitted uses (KIBC 17.15.050); similar uses (KIBC 17.15.090); variances (KIBC 17.195);
conditional use permits (KIBC 17.200); vacations (KIBC 16.60); and subdivisions (KIBC 16.10.070). If the Commission is
acting to resolve a dispute, it is acting in an adjudicatory or quasi - judicial role.
Page 2 of 5
does not apply when the Commission is meeting in private to deliberate. Further, as to motions to
reconsider, the Commission will follow the procedure of the Assembly, KIBC 2.30.070 P.
1. The order of business at regular meetings shall be as follows:
a) Call to Order;
b) Pledge of Allegiance;
c) Roll Call;
d) Approval of Agenda;
e) Approval of minutes;
t) Appearance requests and audience comments;
g) Public Hearings;
h) Old Business;
i) New Business;
j) Communications;
k) Reports and staff comments;
I) Audience Comments;
m) Commissioners' Comments;
n) Deliberations; and
o) Adjournment
2. The Commission may vote to dispense with any item on the agenda or to change the order of business.
C. Findings
In cases where the Commission is required to base its decision on specific findings, the Commission may defer
the approval of these findings until the next regular meeting of the Commission.
D. New Information
The Commission shall not consider any new information submitted less than fifteen (15) days prior to a regular
meeting date. New Information introduced after the fifteen (15) day deadline may be considered by the
Commission for action at a future meeting or referred to the staff for study.
E. Time Limit
Meetings shall not continue beyond 11:00 p.m. unless there is a vote by the majority of the Commission to
continue the meeting. If business has not been completed by the 11:00 p.m. deadline, and no extension is
provided, the meeting will be recessed and reconvened at a time and a place to be established by a majority of
the Commission present.
F. Ex Parte Contact
For all quasi-judicial cases, each member of the Commission should avoid ex parte contacts or any gathering of
ex parte information, such as site visits (unless the site visit has been arranged in advance, all commissioners
attend (or are excused) and both a staff member and either the applicant or the applicant's representative also
attend).
ARTICLE X— Public Hearings
A. Notice
At least fourteen (14) days before the date of a hearing, the Commission shall publish in a newspaper of general
circulation in the jurisdictional area a notice of the subject, time and place of the hearing.
B. Procedures
1. Conduct of public hcarings
The Chairperson shall:
a) Preside at all public hearings;
Page 3 of 5
b) State a sununary of the question or issue at the opening of the hearing, limiting its contents to the
subject advertised for hearing;
c) Specify the method of conduct of the hearing;
d) Assure an orderly hearing, having the power to terminate the hearing if in his or her opinion,
persons become unruly;
e) Announce that all questions and comments shall be directed through the Chairperson only after the
spcakcr has been properly recognized;
f) Direct each speaker recognized to give their name and, if appropriate, the name of person or
organization which the speaker represents;
g) The Chairperson may set a reasonable time limit for the rcccipt of testimony at public hearings;
h) Direct that all copies of prepared statements be given to the secretary to become a part of the record;
i) Call for statements from proponents and opponents giving an equal opportunity for comment;
j) Close the hearing to the rcccipt of public testimony when all who wish to speak have spoken or if
the time limit set by the Chairperson has expired; and,
k) Declare the hearing to be closed or state the time, place and date upon which the hearing will be
continued, after Commission members, being properly recognized at the conclusion of public
testimony, have completed questioning of any person presenting testimony.
1) If deemed appropriate by the majority of thc commission, the commission will deliberate in private
and announce its decision at the conclusion of the deliberations.
ARTICLE XI Reports and Minutes
The Community Development Department will have the staff reports for public hearing petitions available for
review by the applicant and Commission members 12 days prior to the public hearing. The Commission shall
keep minutes of the proceedings and such minutes shall record the vote of each member upon every question
formally presented for consideration. The minutes shall be filed in the office of the Borough Clerk and shall be a
public record, open to inspection by any person (KIBC 2.100.160).
ARTICLE XII — Ex Officio Members and Staff
The duties of ex officio members and staff are delineated in KIBC Section 2.100.170 (Attachment C).
ARTICLE XIII— Amendments
A. Procedure
1. By -law amendments may be proposed in writing by any Commissioner or staff at a regular meeting.
2. Approval of the proposed amendment requires an affirmative vote of the Commission at a meeting
subsequent to the introduction of the amendment.
13. Approval
1. No amendment shall be effective until approved by the Assembly.
Amendment creating Article VI, Section A through F approved by the Commission on August 8, 1982. Ratified
by the Assembly on September 2, 1982.
Amendments to Article VI Meetings, and Article VII— Conduct of Meetings, approved by the Commission on
September 19, 1984. Ratified by the Assembly on October 4, 1984.
Amendments to Article 1I— Definitions and Article III Powers and Duties, approved by thc Commission on
December 18, 1985.
Amendments to the entire By -Laws, approved by the Commission on December 21, 1988. Ratified by the
Assembly on January 19, 1989.
Amendments to Articles I, III, IV, VII, and IX, approved, approved by the Commission on May 21, 2003.
Ratified by the Assembly on August 21, 2003.
Amendments to Articles VII, X, and XI, approved by the Commission on January 18, 2006. Ratified by the
Assembly on March 16, 2006.
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Amendments to Articles I, II, III, IV, V, VI, VII, VIII, IX, XI, XII, approved by the Commission on March 18,
2009. Ratified by the Assembly on April 2, 2009.
Amendments to Articles VII, IX, and X, approved by the Planning & Zoning Commission on June 16, 2010.
Ratified by the Assembly on September 3, 2010.
Amendments to Articles V, VII, IX, and X approved by the Commission on April 24, 2012. Ratified by the
Assembly on May 17, 2012.
Page 5 of 5
P &Z Bylaws Attachments A - D
Article III- Powers and Duties
AS 29, Chapter 40 Planning, Platting, and Land Use Regulation — Attachment A
(a) A first or second class borough shall provide for planning, platting, and land use regulation on
an areawide basis.
(b) If a city in a borough consents by ordinance, the assembly may by ordinance delegate any of its
powers and duties under this chapter to the city. The assembly may by ordinance, without first
obtaining the consent of the city, revoke any power or duty delegated under this section.
AS 29.40.020. Planning Commission
(a) Each first and second class borough shall establish a planning commission consisting of five
residents unless a greater number is required by ordinance. Commission membership shall be
apportioned so that the number of members from home rule and first class cities reflects the
proportion of borough population residing in home rule and first class cities located in the borough.
A member shall be appointed by the borough mayor for a term of three years subject to
confirmation by the assembly, except that a member from a home rule or first class city shall be
selected from a list of recommendations submitted by the council. Members first appointed shall
draw lots for one, two, and three year terms. Appointments to fill vacancies are for the unexpired
term. The compensation and expenses of the planning commission and its staff are paid as directed
by the assembly.
(b) In addition to the duties prescribed by ordinance, the planning commission shall
(1) prepare and submit to the assembly a proposed comprehensive plan in accordance with AS
29.40.030 for the systematic and organized development of the borough;
(2) review, recommend, and administer measures necessary to implement the comprehensive
plan, including measures provided under AS 29.40.040 .
AS 29.40.030. Comprehensive Plan
a) The comprehensive plan is a compilation of policy statements, goals, standards, and maps for
guiding the physical, social, and economic development, both private and public, of the first or
second class borough, and may include, but is not limited to, the following:
(1) statements of policies, goals, and standards;
(2) a land use plan;
(3) a community facilities plan;
(4) a transportation plan; and
(5) recommendations for implementation of the comprehensive plan.
(b) With the recommendations of the planning commission, the assembly shall adopt by ordinance
a comprehensive plan. The assembly shall, after receiving the recommendations of the planning
commission, periodically undertake an overall review of the comprehensive plan and update the
plan as necessary
AS 29.40.040. Land Use Regulation
(a) In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to
implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use
and occupancy of land that may include, but are not limited to,
(1) zoning regulations restricting the use of land and improvements by geographic districts;
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P &Z Bylaws Attachments A - D
(2) land use permit requirements designed to encourage or discourage specified uses and
construction of specified structures, or to minimize unfavorable effects of uses and the
construction of structures;
(3) measures to further the goals and objectives of the comprehensive plan.
(b) A variance from a land use regulation adopted under this section may not be granted if
(1) special conditions that require the variance are caused by the person seeking the variance;
(2) the variance will permit a land use in a district in which that use is prohibited; or
(3) the variance is sought solely to relieve pecuniary hardship or inconvenience.
AS 29.40.050. Appeals From Administrative Decisions.
a) By ordinance the assembly shall provide for an appeal from an administrative decision of a
municipal employee, board, or commission made in the enforcement, administration, or application
of a land use regulation adopted under this chapter. The assembly may provide for an appeal to a
court, hearing officer, board of adjustment, or other body. The assembly shall provide for an appeal
from a decision on a request for a variance from the terms of a land use regulation when literal
enforcement would deprive a property owner of rights commonly enjoyed by other properties in
the district.
(b) By ordinance the assembly may provide for appointment of a hearing officer, or for the
composition, appointment, and terms of office of a board of adjustment or other body established to
hear appeals from administrative actions. The assembly may define proper parties and prescribe
evidentiary rules, standards of review, and remedies available to the hearing officer, board of
adjustment, or other body.
AS 29.40.060. Judicial Review.
(a) The assembly shall provide by ordinance for an appeal by a municipal officer or person
aggrieved from a decision of a hearing officer, board of adjustment, or other body to the superior
court.
(b) An appeal to the superior court under this section is an administrative appeal heard solely on
the record established by the hearing officer, board of adjustment, or other body.
AS 29.40.070. Platting Regulation.
By ordinance the assembly shall adopt platting requirements that may include, but are not limited
to, the control of
(1) form, size, and other aspects of subdivision, dedications, and vacations of land;
(2) dimensions and design of lots;
(3) street width, arrangement, and rights -of -way, including requirements for public access to
lots and installation of street paving, curbs, gutters, sidewalks, sewers, water lines, drainage,
and other public utility facilities and improvements;
(4) dedication of streets, rights -of -way, public utility easements and areas considered necessary
by the platting authority for other public uses.
AS 29.40.080. Platting Authority.
(a) The assembly by ordinance shall establish a platting authority to administer subdivision
regulations and to perform other duties as required by the assembly. The platting authority may
consist of members of the planning commission or of other municipal residents.
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P &Z Bylaws Attachments A - D
(b) The assembly may by ordinance provide for an administrative official to act as the platting
authority with regard to abbreviated plats.
AS 29.40.100. Information Required.
A plat must show
(1) initial point of survey;
(2) original or reestablished corners and their descriptions;
(3) actual traverse showing area of closure and all distances, angles, and calculations required
to determine initial point, corners, and distances of the plat; and
(4) other information that may be required by ordinance.
AS 29.40.110. Plat Procedure.
(a) The platting authority shall approve or disapprove a plat within 60 days after it is filed, or shall
return it to the applicant for modification or correction. Unless the applicant for plat approval
consents to an extension of time, the plat is considered approved and a certificate of approval shall
be issued by the platting authority on demand if the platting authority fails to act within 60 days.
(b) The platting authority shall state in writing its reasons for disapproval of a plat. If the platting
authority approves a plat, the plat shall be acknowledged, filed, and recorded in accordance with AS
40.15.010 - 40.15.020.
AS 29.40.120. Alteration or Replat Petition.
A recorded plat may not be altered or replatted except by the platting authority on petition of the
state, the borough, a public utility, or the owners of a majority of the land affected by the alteration
or replat. A platted street may not be vacated, except on petition of the state, the borough, a public
utility, or owners of a majority of the land fronting the part of the street sought to be vacated, The
petition shall be filed with the platting authority and shall be accompanied by a copy of the existing
plat showing the proposed alteration or replat.
AS 29.40.130. Notice of Hearing.
The platting authority shall fix a time for a hearing on an alteration or replat petition that may not
be more than 60 days after the petition is filed. Notice shall be published by the platting authority
stating when and by whom the petition was filed, its purpose, and the time and place of the hearing.
The notice must generally describe the alteration or replat sought. The platting authority shall also
mail a copy of the notice to each affected property owner who did not sign the petition.
AS 29.40.140. Hearing and Determination.
a) The platting authority shall consider the alteration or replat petition at a hearing and make its
decision on the merits of the proposal.
(b) Vacation of a city street may not be made without the consent of the council. Vacation of a street
in the borough area outside all cities may not be made without the consent of the assembly. The
governing body shall have 30 days from the decision of the platting authority in which to veto a
vacation of a street. If no veto is received by the platting authority within the 30 -day period,
consent is considered to have been given to the vacation.
AS 29.40.150. Recording.
If the alteration or replat is approved, the revised plat shall be acknowledged, filed, and recorded in
accordance with AS 40.15.010 - 40.15.020.
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P &Z Bylaws Attachments A - D
AS 29.40.160. Title to Vacated Area.
(a) The title to the street or other public area vacated on a plat attaches to the lot or land bordering
the area in equal proportions, except that if the area was originally dedicated by different persons,
original boundary lines shall be adhered to so that the street area that lies on one side of the
boundary line shall attach to the abutting property on that side, and the street area that lies on the
other side of the boundary line shall attach to the property on that side. The portion of a vacated
street that lies inside the limits of a platted addition attaches to the lots of the platted addition
bordering on the area. If a public square is vacated, the title to it vests in a city if it lies inside the
city, and in the borough if it lies inside the borough but outside all cities. If the property vacated is a
lot, title vests in the rightful owner.
(b) If the municipality acquired the street or other public area vacated for legal consideration or by
express dedication to the municipality other than as a subdivision platting requirement, before the
final act of vacation the fair market value of the street or public area shall be deposited with the
platting authority to be paid to the municipality on final vacation.
(c) The provisions of (a) and (b) of this section apply to home rule and general law municipalities.
(d) The council of a second class city located outside a borough may vacate streets, alleys,
crossings, sidewalks, or other public ways that may have been previously dedicated or established
when the council finds that the streets, alleys, crossings, sidewalks, or other public ways are no
longer necessary for the public welfare, or when the public welfare will be enhanced by the
vacation. If the council determines that all or a portion of the area vacated under this subsection
should be devoted to another public purpose, title to the area vacated and held for another public
purpose does not vest as provided in (a) of this section but remains in the city.
AS 29.40.170. Delegations.
The planning commission and the platting authority may, as authorized by ordinance, delegate
powers to hear and decide cases under this chapter, including, but not limited to, delegations to
(1) one or more members of the planning commission or platting authority;
(2) other boards or commissions;
(3) a hearing officer designated by the planning commission or platting authority.
AS 29.40.180. Prohibited Acts; Criminal Penalties.
(a) The owner of land located in a subdivision may not transfer, sell, offer to sell, or enter into a
contract to sell land in a subdivision before a plat of the subdivision has been prepared, approved,
filed, and recorded in accordance with this chapter. A person may not file or record a plat or other
document depicting subdivided land in a public recorder's office unless the plat or document has
been approved by the platting authority.
(b) For the violation of a provision of this chapter, a subdivision regulation adopted under this
chapter, or a term, condition, or limitation imposed by a platting authority in the exercise of its
powers under this chapter, a municipality may by ordinance prescribe a penalty not to exceed a fine
of $1,000 and imprisonment for 90 days.
AS 29.40.190. Civil Remedies and Penalties.
a) The municipality or an aggrieved person may institute a civil action against a person who
violates a provision of this chapter, a subdivision regulation adopted under this chapter, or a term,
condition, or limitation imposed by a platting authority. In addition to other relief, a civil penalty
not to exceed $1,000 may be imposed for each violation. An action to enjoin a violation may be
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P &Z Bylaws Attachments A - D
brought notwithstanding the availability of any other remedy. Upon application for injunctive relief
and a finding of a violation or threatened violation, the superior court shall grant the injunction.
(b) Each day that an unlawful act or condition continues constitutes a separate violation.
AS 29.40.200. Subdivisions of State Land.
(a) The subdivision requirements adopted under this chapter apply to a subdivision plat of
undeveloped state land for disposal under AS 38.05 or AS 38.08 filed with the platting authority.
Subdivision ordinances and regulations adopted after the platting authority is notified by the
commissioner of natural resources of a proposed sale of subdivided state land under AS 38.05 or AS
38.08 do not apply to the state land in the proposed sale.
(b) The platting authority shall approve and sign a subdivision plat of state land within 60 days
after its receipt from the commissioner of natural resources unless the platting authority
(1) determines that the plat does not comply with subdivision requirements; and
(2) notifies the commissioner of each determination of noncompliance within the 60 -day
period established in this subsection.
(c) The commissioner of natural resources may withdraw the subdivision plat and amend it in
response to the determination of noncompliance by the platting authority under (b) of this section.
The platting authority shall respond within 30 days to the amendment or response from the
commissioner of natural resources.
(d) Nothing in this section relieves the Department of Natural Resources of its obligations to
provide legal access to a subdivision.
(e) This section applies to home rule and general law municipalities.
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P &Z Bylaws Attachments A - D
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P &Z Bylaws Attachments A - D
Chapter 2.105 - Attachment B
PLANNING AND ZONING COMMISSION
Sections:
2.105.010 Created - Membership.
2.105.020 Terms.
2.105.030 Powers and duties.
* For statutory provision designating the duties of the borough planning and zoning commission, see AS 29.40.020.
2.105.010 Created - Membership.
There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall
consist of seven members appointed by the mayor subject to confirmation by the assembly,
except that a member from a home rule or first class city shall be selected from a list of
recommendations submitted by the council. Commission membership shall be apportioned
so that the number of members from home rule or first class cities within the borough
reflects the proportion of borough population residing within those cities. Commission
membership shall be reapportioned according to the fluctuation of population within the
borough and its home rule and first class cities by resolution of the assembly at the
expiration of the terms of commission members. Borough employees may be appointed to
serve on the planning and zoning commission unless they are employed by the community
development department. Nothing in this section prevents the mayor from appointing
additional persons to serve in an advisory or ex officio capacity without regard to
apportionment of borough population. [Ord. FY2012 -04 §2, 2011; Ord. 85 -26 -0 §2, 1985;
Ord. 79 -11 -0, 1979; Ord. 77 -36 -0 §1, 1977; Ord. 73 -20 -0 §1, 1973; prior code Ch. 5 subch.
1 §1. Formerly §2.40.010].
2.105.020 Terms.
The members shall serve for three years; however, of the members first appointed, one -
third shall be appointed for three years, one -third for two years, and one -third for one year.
Appointment to fill vacancies shall be for the unexpired term only. [Ord. 85 -26 -0 §1, 1985;
Ord. 79 -11 -0, 1979; prior code Ch. 5 subch. 1 §2. Formerly §2.40.020].
2.105.030 Powers and duties.
The commission shall accomplish the following:
A. Develop, adopt, alter, or revise, subject to approval of the assembly, a comprehensive
plan for the physical development of the borough. Such comprehensive plan, with
accompanying maps, plats, charts, descriptive and explanatory matter, shall show the
commission's recommendations for the development of the borough territory and may
include among other things:
1. Development of the type, location, and sequence of all public improvements;
2. The relocation, removal, extension, or change of use of existing or future public ways,
grounds, spaces, buildings, properties, and utilities; and
3. The general extent and location of rehabilitation areas.
Page 7 of 12
P &Z Bylaws Attachments A - D
When a comprehensive plan for the borough has been approved by the assembly,
amendments, revisions and extensions thereof may be adopted by the assembly after
consideration and report of the commission. All amendments, revisions, or extensions shall
correspond to major geographical divisions of the borough or to functional divisions of the
subject matter of the plan. When such comprehensive plan has been approved by the
assembly, no amendments, revisions, or extensions thereto shall be approved, except upon
the affirmative vote of four members of the assembly;
B. Hold hearings, make recommendations, and review variances and conditional use
permits, and otherwise administer the subdivision and zoning provisions as set out in this
code;
C. Draft an official zoning map of the borough and recommend or disapprove proposed
changes in such map;
D. Make and adopt plans for the revitalization and reconstruction of areas within the
borough that may need it and make and develop plans for the improving and
redevelopment of any areas within the borough;
E. Submit annually to the assembly, not less than 90 days prior to the beginning of the
calendar year, a list of recommended capital improvements which, in the opinion of the
commission, are necessary or desirable to be constructed during the next five -year period.
Such list shall be arranged in order of preference with recommendations as to which
projects shall be constructed in a specific year;
F. Promote public interest in and understanding of the comprehensive plan and of
planning, zoning, subdivision and coastal management; oil spill planning; and energy
management;
G. Make and develop plans for reconstruction or redevelopment of any area or district
within the borough which may be destroyed in whole or in part, or damaged by fire,
earthquakes, or other disaster;
H. Make investigations regarding any matter related to borough planning;
1. Make and prepare reports, prints, plats, and plans for approval by the assembly; and
J. Make or cause to be made surveys, maps, and plans relating to the location and design of
any public building, dock, beach, ski ground, statue, memorial, park, parkway, boulevard,
street, alley, or playground. For the purpose of implementing this subsection, all
departments of the borough considering any such improvement are required, and all public
agencies not a part of the borough are required, to inform the commission of the proposed
improvement and submit pertinent information to the commission and within such time as
will enable the commission to recommend to the assembly whether the proposed
improvement is consistent with the general plan and established planning principles. No
public improvement shall be authorized by the assembly until the recommendations of the
commission shall have been received and reviewed by the assembly. [Ord. 98 -02 §8, 1998;
Ord. 85 -26 §1, 1985; Ord. 82 -9 -0, 1982; Ord. 79 -11 -0, 1979; prior code Ch. 5 subch. 1 §3.
Formerly §2.40.030].
Page 8 of 12
P &Z Bylaws Attachments A - D
ARTICLE IV - Membership
KIBC Section 2.100.030 - 2.100.100 - Attachment C
2.100.030 Appointments.
Members of boards, committees, and commissions, except for members of the board of adjustment, members
of the board of equalization, and elected service area board members, are appointed by the mayor and
confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not
confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an
appointment is confirmed by the assembly. The mayor may not appoint again the saute person whose
confirmation was failed by the assembly for the same board, committee, or commission until the next annual
appointment process unless authorized by the assembly. [Ord. 02 -09 §3, 2002; Ord. 02 -05 §2, 2002; Ord. 98-
02 §8, 1998; Ord. 87 -29 -0 §3, 1987. Formerly §2.39.030].
2.100.040 Qualifications.
In addition to any other qualifications required by this code, a member:
A. Shall be a qualified voter of the borough; and
B. Shall remain a resident of the borough while in office. [Ord. 98 -02 §8, 1998; Ord. 87 -29 -0 §3, 1987.
Formerly §2.39.040].
2.100.045 Financial responsibility.
Repealed by Ord. 94 -06. [Ord. 87 -34 -0 §2, 1987. Formerly §2.39.045].
2.100.050 Terms.
The term of each member is three years. The terms of initial appointments shall be staggered so that, as
nearly as possible, a pro rata number of members shall be appointed for each year during the regular term of
office established for the members. The regular term shall, unless otherwise specified by ordinance,
commence on January 1st of the year of appointment and shall expire on December 31st of the year the term
expires. [Ord. 98 -02 §8, 1998; Ord. 87 -29 -0 §3, 1987. Formerly §2.39.050].
2.100.060 Compensation.
No member shall be compensated for services, with the exception of the planning and zoning commission,
which shall receive $200.00 per month, and the board of equalization, which shall receive $100.00 per
meeting attended. Work sessions are not considered for compensation. [Ord. FY2008 -04 §2, 2007; Ord. 98 -02
§8, 1998; Ord. 87 -29 -0 §3, 1987. Formerly §2.39.060].
2.100.070 Vacancies.
A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member:
1. Is physically absent from the municipality for 90 consecutive days unless excused by the board,
committee, or commission;
2. Resigns and the resignation is accepted;
3. Is physically or mentally unable to perform the duties of office as determined by two - thirds vote
of the board, committee, or commission;
4. Is convicted of a felony or of an offense involving a violation of the oath of office;
5. No longer physically resides in the municipality and the board, committee, or commission by two -
thirds vote declares the seat vacant; this subsection does not apply to a member of the board,
committee, or commission who forfeits office under AS 29.20.140(a); or
6. Misses three consecutively held regular meetings and is not excused.
Page 9 of 12
P &Z Bylaws Attachments A - D
B. If a member of the board, committee, or commission misses one -half of the meetings held in any year of his
or her term in office, each year between January 1st and December 31st, the seat shall be automatically
vacated.
C. Members may be removed for reasonable cause by the assembly at any time. As used in this section, the
term "reasonable cause" shall mean:
1. Any act, or failure to act, whether intentional or negligent, that either exposes the borough to
liability for financial loss or has the potential, in the sole discretion of the assembly, to expose the
borough to liability for financial loss; or
2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes the
functioning of the board, committee, or commission.
D. In the event of a vacancy on a board, committee, or commission for any reason other than normal
expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper
of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of
members. The appointing authority shall appoint a new member for the remaining unexpired term in
accordance with KIBC 2.100,030. [Ord. 2008 -15 §2, 2008; Ord. 02 -16 §5, 2002; Ord. 02 -09 §3, 2002; Ord. 98-
02 §8, 1998; Ord. 87 -29 -0 §3, 1987. Formerly §2.39.070].
2.100.080 Notice of impending vacancy.
At least 60 days prior to the expiration of the term of an incumbent board, committee, or commission
member, the clerk shall cause notice thereof to he published at least twice in a newspaper of general
circulation within the borough. The notice shall set forth the vacancies, any qualifications of members, and an
application deadline date. The clerk shall also mail to each incumbent an application and letter stating that
their term is expiring. [Ord. 02 -16 §6, 2002; Ord. 02 -09 §4, 2002; Ord. 87 -29 -0 §3, 1987. Formerly §2.39.080].
2.100.090 Applications.
The clerk shall provide a standard information and application form for interested persons to complete. The
form, letters or other expressions of interest shall be made to the clerk. [Ord. 87 -29 -0 §3, 1987. Formerly
§2.39.090].
2.100.100 Nominations.
The appointing authority shall submit nominations of persons to fill vacancies to the assembly for
appointments to be effective January 1st or as soon as practicable. [Ord. 02 -16 §7, 2002; Ord. 87 -29 -0 §3,
1987. Formerly §2.39.100].
ARTICLE VII
2.100.170 Ex officio members and staff.
The manager may appoint a borough employee as an ex officio member for the purpose of acting as secretary
or to furnish technical advice and information if not provided for in the specific provisions pertaining to the
board, committee, or commission. An ex officio member is not entitled to vote on any question nor is an ex
officio member a member for the purpose of establishing a quorum. Unless otherwise provided in the section
establishing the board, committee, or commission, the manager shall provide or designate any required staff.
[Ord. 98 -02 §8, 1998; Ord. 87 -29 -0 §3, 1987. Formerly §2.39.170].
Page 10 of 12
NI ❑AW P &Z Bylaws Attachments A - D
Chapter 2.35
CONFLICT OF INTEREST
Sections:
2.35.010 Conflicts of interest prohibited.
2.35.020 Definitions.
2.35.010 Conflicts of interest prohibited.
A. A municipal officer, appointed official, or employee may not solicit or receive money for
advice or assistance given in the course of the officer's or employee's employment or
relating to his employment.
B. A municipal officer, appointed official, or employee may not represent a client before
the assembly or the planning and zoning commission for a fee.
C. A municipal officer, appointed official, or employee may not accept a gift, loan,
gratuity, or other valuable consideration, or a promise of any of them, with the
understanding or agreement, expressed or implied, that the officer will cast a vote or give
an opinion, decision or judgment in the particular manner, in a matter, question, cause, or
proceeding which then is or may by law come or be brought before him, or with the
understanding or agreement that the officer or employee will, in his official capacity, act in
a particular manner to produce or prevent a particular result.
D. No municipal officer, appointed official, or employee may vote or participate in any
official action in which he has a substantial direct or indirect financial interest. Direct or
indirect financial interest shall be disclosed to the chair prior to a vote on the question,
and if there are not at least four assembly members in attendance who are qualified to
vote, the matter shall be tabled until the next regular or special meeting at which four
assembly members qualified to vote on the matter are in attendance.
E. A municipal officer, appointed official, or employee may not use his official position for
the primary purpose of obtaining financial gain for himself, or his spouse, child, mother,
father, or business with which he is associated or owns stock. [Ord. 98 -02 §4, 1998; Ord.
84 -11 -0, 1984; Ord. 79 -11 -0, 1979. Formerly §2.18.010].
2.35.020 Definitions.
As used in this chapter, the following definitions shall apply:
"Municipal officer" means the mayor, assembly members, manager, and members of the
planning and zoning commission. [Ord. 98 -02 §4, 1998; Ord. 84 -61 -0 §10, 1984; Ord. 84
-11 -0, 1984; Ord. 79 -11 -0, 1979. Formerly §2.18.020].
2]I ❑AM Page 11 of 12
E4I
P &Z Bylaws Attachments A - D
This page of the Kodiak Island Borough Code is current Borough Website: http: / /www.kodlakak.us/
through Ordinance FY2012 -17, passed February 2, 2012. (http: / /cww.kodiakak.us /)
Disclaimer: The Borough Clerk's Office has the official version of Borough Telephone: (907) 486 -9310
the Kodiak Island Borough Code. Users should contact the Code Publishing Company
Borough Clerk's Office for ordinances passed subsequent to the (http: / /www.codepublishing.com()
ordinance cited above. eLibrary
(http://www.codepublishing.com/elibrary.html)
ailp gb7 Page 12 of 12
OLD BUSINESS
There was no old business
NEW BUSINESS
A) Planning & Zoning Commission Bylaws Revision
(COMMISSIONER SCHMITT,(MOVE)twe recommend - to the Assembly tliat' they approve the)
(amendment to ai By -laws specifically Article 1X= Procedure, Section D7New Information to read)
( "Staff shall not give to the Commission any new information received less than fifteen (15) day)
(prior to a regular meeting date. Staff shalfinform the Commission of new information received after)
(the fifteen (1_5) day deadline._Ttiat new information may consideredby = the Commission foi
(arbor aat'a future meeting or referredao the staff fo_r studyl
Brief discussion.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
COMMUNICATIONS
A) October Planning & Zoning Public Hearing Results Letters
COMMISSIONER VAHL MOVED to accept communications.
VOICE VOTE CARRRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
• December 12, 2012 work session at 6:30 p.m. in the KIB conference room
• December 19, 2012 regular meeting at 6:30 p.m. in the Assembly Chambers
COMMISSIONER KERSCH requested excusal from the December meetings.
COMMISSIONER SCHMITT MOVED to accept reports.
VOICE VOTE ON MOTION CARRIED UNANIMOUSL
AUDIENCE COMMENTS
There were none.
COMMISSIONER COMMENTS
Bill Kersch said we just went through a huge packet for a land disposal but he was surprised when
this lot came from us. From Northstar that lot would have been a prime piece of property before
building; it's level, moving that road wouldn't have cost that much, and it's a nice neighborhood that
would have brought in a nice house. He hopes in the future that if we have another land disposal
that they look at this more thoroughly as a possible building lot. Also, this proposed RV park, he's
concerned that this applicant will continue to ignore all requirements of anything he's trying to do.
The training in Anchorage was awesome, thank you for sending us to it.
Rick Vahl said the training was diverse in nature and he thinks the networking was wonderful
seeing and hearing what's going on around the state. From importance of documentation and the
role of the commissioner it was a great opportunity.
Sonny Vinberg re- iterated what was said about the training and thinks it was excellent. It was great
to be able to participate in that and he thanked the borough. Echoing Kersch's comment about the
disposal of the property he concurs with Kersch and he would like to see more opportunities
presented to us and being able to look at something with a little more information would have
helped. It's still an opportunity to get it on the tax roll. In reference to the RV park it caught him by
surprise last week hearing about it and the other opportunity, and even today reading the
11/21/2012 Page 8 of 9 P &Z Minutes
KODIAK ISLAND BOROUGH
4 1,1 " AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.D.3
TITLE: State of Alaska Alcoholic Beverage Control Board Request for Renewal of
Liquor License Application for the Mecca Lounge. Licensee /Applicant: Mecca
Inc.
ORIGINATOR: Clerk's Office Staff
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Liquor License Renewal Application /Back -up
APPROVAL FOR AGENDA:
SUMMARY STATEMENT:
The Clerk's office followed the procedure in KIBC 5.01.020 License renewal procedure which states:
5.01.020 License renewal procedure.
A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of
intent to approve the renewal of a new liquor license:
1. The clerk shall investigate to determine if the borough has an interest which can be
protected by protesting the approval of the application for renewal; and
2. The clerk shall check with the state troopers on the number of trouble reports at the
place of business.
B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk
shall advise the Alcoholic Beverage Control Board of continued non - objection to renewal in
writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble
reports, it shall be scheduled for review by the borough assembly
After the Clerk's office routine investigation, it has been determined that the Borough will voice
non - protest.
RECOMMENDED MOTION: Move to voice non - protest to the State of Alaska Alcoholic
Beverage Control Board for the renewal application to the Mecca Lounge.
Licensee /Applicant: Mecca Inc.
Kodiak Island Borough Page 1 of 1
ce y OF II/7., THE STATE Department of Commerce, Community,
o A AS and Economic Development
ii t 4 A LCOHOLIC BEVERAGE CONTROL, BOARD
l�
�i��hlt
' ' GOVERNOR SEAN PARNEI.L 5848 E. Tudor Road
Anchorage. Alaska 99507
Main: 907.269.0350
Chris Lambert: 907.269.0359
TDD: 907.465.5437
Fax: 907.272.9412
December 21, 2012
Renewal Application Notice
City of Kodiak
Attn: City Clerk
VIA EMAIL: clerk@city.kodiakak.us
Lic
DBA Lic Type 14 Owner Service Location
Mecca Lounge Beverage Dispensary 711 Mecca Inc 302 Marine Way
We have received a renewal application for the above listed licenses within your jurisdiction. This is the notice
as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing
body under AS 04.11.480 is included in this letter.
A local governing body as defined under AS 04.21.080(11) may protest the approval of' an application(s)
pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement
of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not
approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in
accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons
stated in the protest. The applicant is entitled to an informal conference with either the director or the board
and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-
44.62 - 630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST
ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST.
Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a
zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of
the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of
zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal
zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed
premises and no variance of the regulation or ordinance has been approved, please notify us and provide a
certified copy of the regulation or ordinance if you have not previously done so.
Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by
zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in
mind in responding to this notice.
AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community
council(s).
If you wish to protest the application referenced above, please do so in the prescribed manner and within the
prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13
AAC 104.145, Local Governing Body Protest.
Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e),
and 13 AAC 104.660(e) must be approved by the governing body.
Sincerely,
SHIRLEY A. COTt
Director pO
/s /CL.. _ C aPaL
Christine C. Lambert
1,icensing & Records Supervisor
Christine.lambert(ci alaska.gov
•
Mecca Jewelry Inc 9074863700 p.1
r} C) Uiu
q344
2013/2014 Liquor License Renewal
License Number License Type Establishment Name
711 Beverage Dispensary Mecca Lounge
cm Liao ttitit
mcz se
Mailing Address Premises Address
Mecca Inc 302 Marine Way
-302-Marine-Way 402 A.) liar;nit'nictu.5 .300 Kodiak
Kodiak, AK 99615 0 Kodiak Island Borough
Community Council (Anchorage & Mat -Su only)
Phone: _ Fax:
Email:
.. Employer identification # (FIN)
Please mark the correct box to answer:
Was your business open at least 30 days for 8 hours each day in 2011? dy oNo
Was your business open at least 30 days for 8 hours each day in 2012? v'i'es oNo
Has the licensed premise changed from the last diagram submitted? cYes oNo
Has any person named in this application been convicted of a felony
or Title 4 violation? cYes ENo
List all corporation members, managers and shareholders below:
Name & Mailing Address _ Title Share % Phone
Tea 0 -L1Z - 3;94tp a 3 ---- !i - ° -
bae to tU r iiq - 41 Ice;
Con ma-) C" u - 0 c.,c9 - ;S - c C4 -cric. Cata4
1 i ^,uW.aii cIzL -z_ 7 3 1 1 -Set? - '�f:";;, Ctt>= t flag
-
If a z a corporation - List all individuals, spouses, or partners that own business below:
Name & Mailing Address Title Phone
1 1 I
ABC Board - 5848 E. Tudor Rd - Anchorage, AK 99507 Page 1 of 2
Phone: 907- 269 -0350 Fax: 907 - 272 -9412
Mecca Jewelry Inc 9074863708 p.1
License Fee $ 2500.00
Filing Fee _ $ 200.00 _
TOTAL $ 2700.00
Late Fee - If Received or Postmarked after 12/31/12 $ _
Fingerprint Fee -$51.50 per person (only for new $
owners /members)
GRAND TOTAL $
By affixing my signature below:
I declare under penalty of perjury that 1 have examined this application and to the best of
my knowledge and belief state it is true, correct and complete.
1 certify that I have read and am familiar with Title 4 of the Alaska statutes and its
regulations. -
I agree to provide all information required by the Alcoholic Beverage Control Board in
support of this application.
As a licensee (a sole proprietor or partner), I certify that 1 have received alcohol server
training and my certification is currently valid.
As a Corporate/LLC licensee, I certify that all agents and employees, who serve, sell or are
otherwise responsible for the service/sale/storage of alcoholic beverages have received alcohol
server training and their certification is currently valid. I further certify that certain
shareholders/officers/directors/members of the entity that are not directly or indirectly
responsible for the service /sale/storage of alcoholic beverages are not alcohol server training
certified, and will not be required to be certified.
As a licensee, I certify that all my agents and employees tasked with patron identification
verification have received alcohol server training and their certification is currently valid.
8 j l i (.l.l i° `a -,t=�. ' )ices- i •ti{U 7 -1 lGtt?'
Licensee Signature Printed Name & Title
/:l -r`-0 _ ( _t-c f Subscribed and swortZ tti.Qirtare Me1<hi
(Votary Signature �u cff ` •,
` tic P v u i •
Notary Public in and for the State of R.if Fitt day of l zak. +. s
My commission expires: ' >4 t [ <r %.,,' •,e 2,
ABC Board - 5848 E. Tudor Rd - Anchorage, AK 99507 Page 2 of 2
Phone: 907 -269 -0350 Fax: 907 -272 -9412
i. -r tr
/� ode ,t k Island /3 orough
it ,'r %i Office of the Borough Clerk
' f - ,
rn • ' 4 i fi lb fri til - 1 710 Mill Bay Road
gcer Kodiak, Alaska 99615
-
Phone (907) 486 -9310 Fax (907) 486 -9391
MEMO TO: Distribution
FROM: Marylynn McFarland, CMC, Dep 1 :, j
DATE: January 9, 2013
SUBJECT: Liquor License Renewal — Mecca Lounge
The Alaska Beverage Control Board has notified the Kodiak Island Borough of a liquor license renewal for
the following business and license. Please indicate whether or not the Borough, with regard to your
department, has an interest which can be protected by protesting the approval of the application for
renewal. Please return this memo to the clerk's office by Friday, January 18, 2013.
Per KIBC 5.01.020 License renewal procedure.
A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to
approve the renewal of a new liquor license:
1. The clerk shall investigate to determine if the borough has an interest which can be protected by
protesting the approval of the application for renewal.
Lic. DBA License Type Location Licensee
Beverage 302 Marine Way,
711 Mecca Lounge Dispensary Kodiak, AK 99615 Mecca Inc.
The Department has an The Department has NO
interest in the following license renewal(s), which interest, which can be protected by protesting the
can be protected by protesting the application for application for renewals.
renewals.' Please indicate the license(s) and the
interest(s) to be protected:
Signature: Signature: .
Date: Date:
Distribuliont.BGd Cassidy, Administrative Official Karl Short, Finance Department 0
Mill Robert, Assessing Department /Building Official
w ane Dvorak, Community Development Department ire Marshall
t Koning, Engineering/Facilities Department
Encl: ABC Notice
o? ' • • KODIAK ISLAND BOROUGH
AGENDA STATEMENT
'4.
ti
°� ..
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.D.4
TITLE: Confirmation of the Mayoral Appointments to the Architectural /Engineering
Review Board and the Parks and Recreation Committee.
ORIGINATOR: Clerk's Office Staff
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Applications and board rosters
APPROVAL FOR AGENDA: 42._
SUMMARY STATEMENT:
There is currently one vacancy on the Architectural /Engineering Review Board for a term to
expire December 2015 and one vacancy on the Parks and Recreation Committee for a term to
expire December 2014. The Clerk's Office received the following applications for the boards:
Architectural /Engineering Review Board: Application Received:
Robert (Bill) Barton January 4, 2013
Parks and Recreation Committee: Applications Received:
Michael Scalzo December 12, 2012
Gloria Scalzo December 12, 2012
Ryan Murdock January 9, 2013
2.100.030 Appointments.
Members of boards, committees, and commissions, except for members of the board of
adjustment, members of the board of equalization, and elected service area board members,
are appointed by the mayor and confirmed by the assembly unless otherwise specifically
provided elsewhere in this code. An appointment not confirmed by the assembly shall not
become effective. The mayor shall appoint a new applicant until an appointment is confirmed by
the assembly.
RECOMMENDED MOTION: Move to confirm the mayoral appointments of Mr. Robert
Barton to the Architectural /Engineering Review Board for a term to expire December
2015 and Mr. Michael Scalzo to the Parks and Recreation Committee for a term to expire
December 2014.
Kodiak Island Borough Page 1 of 1
Dec 20 12 12:26p Bill Barton 907 486 -4810 p.1
\-\ KODIAK ISLAND BOROUGH
t * OFFICE OF THE BOROUGH CLERK
�A / 1
710 Mill Bay Road, Room 101
i0e Kodiak, AK 99615
lliiiiti Phone: (907) 486 -9310 Fax: (907) 486 -9391
njavier @kodiakak.us
APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS
Board /Committee /Commission: Architerturnl /Fngine. ring Revives Rnnrrt
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: Robert W. (Bill) Barton Daytime Phone: 486 -4870
Residence Address: 3573A Sitkinak Drive Evening Phone: same
Mailing Address: PO Box 8995 Cell Phone: 539 -6870
Email Address: mandbbarton@att.net Fax Number: 486 -4810
Length of Residence in Kodiak: 7 1/2 years Registered to vote in Kodiak? Yes No
Please provide one of the following: Date of Birth ,June 16, 1947 Last 4 digits of SSN# 312-5
Employer/Occupation: Semi retired- Construction Management; self employed- Bill's Reel Service
Organizations you belong to or participate in: American Legion; NRA; Ducks Unlimited; KISA; Rocky
Mountain Elk Foundation; AARP
Explain your main reason for applying: I want to actively participate in the development of designs,
plans and specifications for Borough facilities and projects. Good plans and specifications result
in lower bids from contractors and saves taxpayer funds.
What background, experience, or expertise will you bring to the board/committee/commission membership?
44 years of Public Works construction experience, including materials testing; construction
inspection; contract administration; develop plans, specifications and Engineer's estimates;
Are you available for regular meetings? _ Yes 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. , �7]]
Signature of Applicant: � ....t — b t/ ^ .. nr Date: J ^ ^ / 3
A resume or letter of interest may e 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.kodiakakus or in the Notice of Vacancy announcements advertised in the Kodiak Daily Minor.
- STAFF USE ONLY -
Registered voter of the Borough: Yes ( ) No ( ) Appointment Letter. Date Received: (date stamp below)
Applicant's Residence: Borough ( ) Ctty ( ) Roster.
Date of Appointment: Oath of Office:
Term Fires on: APOC POFD Statement Attached ( ) On File ( )
trt -, KODIAK ISLAND BOROUGH
°4 ," ARCHITECTURAL /ENGINEERING REVIEW BOARD
° . BUILDING CODE BOARD OF APPEALS
NAME TERM HOME WORK CELL EMAIL
PHONE PHONE PHONE
Scott Bonney 2014 486 -4005 654 -7938 stralaska
PO Box 5524
Chiniak, AK 99615
Michael Brechan 2014 654 -5514 487 -2152 654 -5518 mbrechan(@hughes.net
PO Box 303
Kodiak, AK 99615
Cliff Ford 2015 486 -5353 486 -7742 539 -5340 cliffff@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
Sonny Vinberg 2014 486 -2530 206 -790- hvinberqakoniaq.com
PO Box 78 x4127 4502
Kodiak, AK 99615
Jerrol Friend 2013 539 -1975 jfriend a(� alaska.net
PO Box 17
Kodiak, AK 99615
Vacant 2015
NON - VOTING EX OFFICIOS
Assembly Representative
Aaron Griffin 539 -1040 aaron.griffin
PO Box 8836
Kodiak, AK 99615
School Board Representative
Norm Wooten 539 -1419 nwooten(@gci.net
PO Box 3016
Kodiak, AK 99615
This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010
EIF; DIRECTOR, WOODY KONING 486 -9343 wkoninkod
ara� iakak.us
r PROD. MGR.)INSPECTOR, MATT GANDEL 486 -9341 maandeI kodiakak.us
PROJECTS ASSISTANT, JESSI WOLFE 486 -9349 jwolfe(&kodiakak.us
ENGINEERING & FACILITIES DEPARTMENT
PROJECTS OFFICE
720,EGAN WAY
KODIAK, AK 99615
Revision Date: 1/3/2013
Revised by: JK
REGISTERED VOTER OF THE BOROUGH YES ( O (A NO ) 4
J �j�/
APPLICANTS RESIDENCE: BOROUGH CITY "'1
TERM EXPIRES ON:
DATE OF APPOINTMENT:
APPOINTMENT LETTER:
Jessica Kilborn ROSTER:
4 ' ''t
OATH OF OFFICE:
From: support @civicplus.com APOC POFO STATEMENT: SUBMITTED O OH FILE r )
Sent: Wednesday, December 12, 2012 10.38 AM
To: Nova Javier; Marylynn McFarland; Jessica Kilborn p �
Subject: Online Form Submittal: Board Application Form ve,�i
The following form was submitted via your website: Board Application Form JJJ
Select the Board, Commission, or Committee applying for: Parks and Recreation Committee
Designated seat or group representation (if applicable):: `
" t
Full Name: Michael Angelo Scalzo II
it DEC 1 2 20
Residence Address: 2017 -A Aviation Loop Kodiak, AK 9
Mailing Address : 2017 -A Aviation Loop Kodiak, AK 99615
� Y
Email Address (This address will be used for correspondence): michael.a.scalzoPuscg.mil
Horne Phone Number (numeric only): 7074905489
Work Number (numeric only): 9074875525269
Cell or Fax Number (numeric only): 7074905489
Employer /Occupation: United States Coast Guard
Please provide ONE of the following: Date of Birth or Last 4 digits of SSN #: 2483
Length of residency in Kodiak: 30 months total. Currently been here since July 2012
Registered to vote in Kodiak ?: Yes
Length of Residence in Service Area:
Are you currently serving on other Boards, Commissions, or Committees ?: No
If yes, which:
Organizations you belong to or participate in: I recently started a club in Kodiak. It's called, Emerald Island Bike
Club. You can find us on Facebook.
I have also been on a bike team in Portland, OR.
Explain your main reason for applying: I would like to attend meetings and be the voice of local cyclists, both
Mountain bikers and Roadies. I am interested in the development and sustainability of trails throughout
•
•
Kodiak and am willing to put in time and energy to achieve pointed goals to improve them. I have good
relations with many local riders and would do my best to organize work parties for trail improvement. I've
lived in Alaska since 1991 and would be thrilled at the opportunity for a seat in the Parks and Recreation
Committee.
•
What background, experience, or expertise will you bring to the board /committee /commission membership ?:
I'm a First Class Yeoman in the United States Coast Guard and have enjoyed over ten years in the Service. I
have taken the Pro Mechanic course at the United Bicycle Institute in Portland, OR and am a Certified Bicycle
Technician. I'm a Unit Health Promotion Coordinator for my Division of Base Kodiak and I'm an avid,
passionate outdoorsman. I have recently volunteered with the Kodiak Girl Scouts to help the Juniors get the
Bike Patch and the Coast Guard Morale, Welfare and Recreation Department to repair bikes in preparation for
the Eco Challenge.
Are you available for regular meetings ?: Yes
Additional Information:
Form submitted on: 12/12/2012 10:37:48 AM
Submitted from IP Address: 152.121.19.253
• Referrer Page: No Referrer - Direct Link
Form Address: http: / /www.kodiakak.us /Forms.aspx ?FID =72
•
2
Jessica Kilborn
From: Forrest, Sharon A (GOV) <sharon.forrest @alaska.gov>
Sent: Wednesday, December 12, 2012 1:08 PM
To: Jessica Kilborn
Subject: RE: Registered Voter Confirmation
Hi Jessica,
I found him in the system and he is registered in 35- 810... The last update was done to his record on 11/06/12 which also
changed his district. I don't have the microfilm yet to look at the document that made the change, but I'm guessing it
was a questioned ballot because his history shows he voted that in the general election.
Sharon
Sharon Forrest _
Regional Assistant Supervisor
State of Alaska Division of Elections
Region I Office — Juneau
P: 907.465.3021
F: 907.465.2289
SharosEorrestealaska.gov
www electi9ns.alaskagov
From: Jessica Kilborn (maflto:jkilborn @kodiakak.usl
Sent: Wednesday, December 12, 2012 10:54 AM
To: Forrest, Sharon A (GOV)
Subject: Registered Voter Confirmation
Hi Sharon,
1 would like to check to see if Mr. Michael Angelo Scalzo II is registered in Kodiak (he believes he is but he is
not on our register — dtd 9/12).
Last 4 of SSN: 2483
•
Please let me know if you need more information regarding the individual.
Thank you and Happy Holidays!
Jessica
Ye�Jiea , orn, CxIC
Assistant Clerk
'ter ittli4
Office of the Borough Clerk
Kodiak Island Borough
710 Mill Bay Road, Room 101
Kodiak, AK 99615
P: 907.486.93I0
F: 907.486.9391
ikilborn@kodiakak.us
1
•
PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this email are subject to provisions of
the Alaska Statutes and may be made available to the public upon request.
•
• 2
•
Jessica Kilborn u
From: support@civicplus.com 2012 Sent: Wednesday, December 12, 2012 4:55 PM DEC
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 E "I
APPLICANTTS S R RESIDEN ESIDENCE: : ,.• *� • CH ( CITY ( )
DATEAPPc NTED:
TERM EXPIRES ON:
Full Name: Gloria Scalzo APPOINTMENT LETTER:
ROSTER:
OATH OF OFFICE:
Residence Address: 2017A Aviation Loop, Kodiak, AK 99615 FINANCIAL DISCLOSURE:
Mailing Address : same as above
Email Address (This address will be used for correspondence): gloria.scalzo@a gmail.com
Home Phone Number (numeric only): 6172302496
Work Number (numeric only): 6172302496
Cell or Fax Number (numeric only): 6172302496
Employer /Occupation: USCG /Registered Dietitian and Cook
Please provide ONE of the following: Date of Birth or Last 4 digits of SSNH: 5182
Length of residency in Kodiak: 6 months
Registered to vote in Kodiak ?: Yes
Length of Residence in Service Area:
Are you currently serving on other Boards, Commissions, or Committees ?: No
If yes, which:
Organizations you belong to or participate in:
Explain your main reason for applying: I have recently relocated to Kodiak and would like to become more
involved with the community. 1 have a passion and interest in outdoor activities and would like to contribute
my knowledge and enthusiasm toward sustaining and developing environmentally friendly areas around
Kodiak based on community interest.
What background, experience, or expertise will you bring to the board /committee /commission membership ?:
-I have an undergraduate degree in Biology -I have travelled extensively to many parks and recreation sites
around the country and observed what works for them, as well as what could be improved -I have participated
in outdoor activities all my life (running, hiking, cycling) -I am an excellent team member, great with time
management, and organized
Are you available for regular meetings ?: Yes
Additional Information:
Form submitted on: 12/12/2012 4:55:03 PM
Submitted from IP Address: 65.74.83.152
Referrer Page: http: // www. kodiakak .us /Search.aspx ?SearchString =parks +and +recreation +committee
Form Address: http: // www .kodiakak.us /Forms.aspx ?FID =72
2
•
Jessica Kilborn
From: support @civicplus.com
Sent: Wednesday, January 09, 2013 11:05 AM I , d __ 202
To: Nova Javier; Maryiynn McFarland; Jessica Kilborn
Subject: Online Form Submittal: Board Application Form
t at
The following form was submitted via your website: Board Application Form ' ,r
Select the Board, Commission, or Committee applying for: Parks and Recreation Committee
Designated seat or group representation (if applicable):: VOTER ID NO. VERIFIED SY -.,A, A APPLICANTS RESIDENCE:: • • CH ( ) CITY A
DATE APPOINTED:
Full Name: Ryan Murdock TERM EXPIRES OH:
APPOINTMENT LETTER:
ROSTER:
Residence Address: 3272 Mill Bay Rd OATH OF OFFICE:
FINANCIAL DISCLOSURE:
Mailing Address : same
Email Address (This address will be used for correspondence): boneyardsurfing@gmail.com
Home Phone Number (numeric only): 9074862316
Work Number (numeric only): 9079521072
Cell or Fax Number (numeric only): 9079521072
Employer /Occupation: tech
Please provide ONE of the following: Date of Birth or Last 4 digits of SSN #: 7504
Length of residency in Kodiak: 23 years
Registered to vote in Kodiak ?: Yes
Length of Residence in Service Area: 23 years
Are you currently serving on other Boards, Commissions, or Committees ?: Yes
If yes, which: parks advisory
Organizations you belong to or participate in: Kodiak Island Cycle Club
Explain your main reason for applying: To update trails systems.
What background, experience, or expertise will you bring to the board /committee /commission membership ?:
long term residence and knowledge outdoors.
>
Are you available for regular meetings ?: Yes
Additional Information:
Form submitted on: 1/9/2013 11:04:42 AM
Submitted from IP Address: 216.67.44.99
Referrer Page: http: / /www.kodiakak.us /index.aspx ?nid =278
Form Address: http: / /www.kodiakak.us /Forms.aspx ?FID =72
2
• KODIAK ISLAND BOROUGH
'; PARKS AND RECREATION COMMITTEE
NAME TERM HOME WORK CELL EMAIL
PHONE PHONE PHONE
Pam Foreman 2013 486 -2588 486 -3181 pforeman(d�gci.net
335 Curlew Way pam(th.kmxt.orq
Kodiak, AK 99615
Jeff Huntley (Vice Chair) 2015 486 -4013 cactusrefervahoo.com
1015 Pine Crescent
Kodiak, AK 99615
Helm Johnson 2015 539 -5014 539 -5014 539 -5014 helm(@,rideakimbo.com
PO Box 261
Kodiak, AK 99615
Rick Lindholm 2014 486 -8297 486 -8111 rickl(@kiha.org
PO Box 474
Kodiak, AK 99615
Michael Marion 2014 481 -2999 487 -4991 memarion(cilgci.net
PO Box 9052
Kodiak, AK 99615
Patrick Saltonstall (Chair) 2015 486 -2634 486 -7004 pgsalton(a)gci.net
PO Box 1909 patrick(cialutiigmuseum.orq
Kodiak, AK 99615
Andy Schroeder 2013 512 -0835 539 -1979 andv(a�islandtrails.orq
PO Box 301
Kodiak, AK 99615
Sandra West 2013 486 -5303 487 -5310 539 -6429 sandra.w.west(@uscq.mil
2474 Spruce Cape Road x144
Kodiak, AK 99615
'Vacant 2014
NON- VOTING EX- OFFICIOS
Assembly Representative
Aaron Griffin 539 -1040 aaron.griffn(chkibassembly.orq
PO Box 8836
Kodiak, AK 99615
State Representative
Jack Ransom, Park Ranger II 486 -6339 jack.ransom(d alaska.gov
1400 Abercrombie Drive
Kodiak, AK 99615
Roster continued on the next page....
Revision Date: 1/14/2013
Revised by: JK
ff KODIAK ISLAND BOROUGH
d
r, /74
PARKS AND RECREATION COMMITTEE
NAME TERM HOME WORK CELL EMAIL
PHONE PHONE PHONE
City Parks & Rec. Representative
Vacant 486 -8670
School District Representative
Steve Doerksen 486 -0398 481 -6208 654 -0398 sdoerksen01ankibsd.orq
722 Mill Bay Road
Kodiak, AK 99615
Planning and Zoning Commission
Representative
Alan Schmitt 486 -5314 942 -0404 schmitt(a�gci.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
@MIR
, ACTING COD DIRECTOR, DUANE DVORAK 486 -9363 ddvarakankodiakak.us
CDD;SECRETARY, SHEILA SMITH 486 -9363 ssmith(a)kodiakak. us
COMMUNITY DEVELOPMENT DEPARTMENT
710 MILL. BAY ROAD
` ROOM205
KODIAK, :AK'99615
Revision Date: 1/14/2013
Revised by: JK
CNi ¢0« - K ISLAND BOROUGH
AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.D.5
TITLE: Confirmation of the Assembly Appointment to the Personnel Advisory Board.
ORIGINATOR: Clerk's Office Staff
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: PAB application, PAB roster
APPROVAL FOR AGENDA: Aot L -
SUMMARY STATEMENT:
There is currently one vacant seat on the Personnel Advisory Board for a term to expire
December 2015. On January 17, 2013, the Clerk's Office received an application from Mr. Curt
Law for the vacancy.
Per Section 203 of the Personnel Manual:
The Borough Assembly shall appoint a Personnel Board consisting of five members. In
appointing members to the Personnel Board, the Borough Assembly will take into consideration
the recommendations made by Borough employees, the Borough Manager, any resident of the
Boorough, and their own recommendations.
RECOMMENDED MOTION: Move to confirm the Assembly Appointment of Mr. Curt Law
to the Personnel Advisory Board for a term to expire December 2015.
Kodiak Island Borough Page 1 of 1
KODIAK ISLAND BOROUGH
i!tio :: OFFICE OF THE BOROUGH CLERK
+ x t , 710 Mill Bay Road, Room 101 JAN 1 7 2012
g ,, i. Kodiak, AK 99615
li Phone: (907) 486 -9310 Fax: (907) 486 -9391
njavier @kodiakak.us i■
APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS
Board /Committee /Commission: Personnel Advisory Board
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: Curtis D. Law Daytime Phone: 907 - 486 -4700
Residence Address: 1523 Ismailov Street Evening Phone: 907 -486 -7636
Mailing Address: PO Box 42 Cell Phone:
Email Address: curt@kadiak.org Fax Number: 907- 486 -5541
Length of Residence in Kodiak: 25 years Registered to vote in Kodiak? X Yes No
Please provide one of the following: Date of Birth 02/06/55 Last 4 digits of SSN# 0379
Employer /Occupation: Self Employed, Aksala Electronics and Kodiak Radio Inc.
Organizations you belong to or participate in: Bayside Fire Dept, Kodiak Amateur Radio Emergency
Service, Kodiak Military History Museum, Salvation Army, American Radio Relay League.
Explain your main reason for applying: Simply put, I believe there are two few staff to carry out all the
duties of government. Boards help free up staff time and give volunteers the opportunity to participate
in their government.
What background, experience, or expertise will you bring to the board /committee /commission membership?
In business for more then 15 years. Prior to that managed a department of 50 people in the Coast
Guard. The last tour being in Kodiak.
Are you available for regular meetings? Yes Pursuant to KIBC 2. 100. 070 (A. 6) Other than by expiration of the
members term, the assembly shall • =dare a seat ii ant whe• • member misses three consecutively held regular meetings and is not
excused.
1 Signature of Applicant: ■ .4: ' Date: 10/18/12
A resume or letter of interest m. Pbe attached, but is not required. This application will be kept on file for one year. Please be aware
that there may be an applic.tion deadline. Application deadlines, if applicable, are available on the Borough webs :le at
www.kodiakak. us or in the Notice of Vacancy announcements advertised in the Kodiak Daily Mirror .
il a u �Fl iz' g "nF > K ai a v "�s i °1 J i i E g i - - .r - 'n a i ^ X
F �t�+� �.a, �r a
Ragsteret Otero €th✓serReustr Xe f f1a41 A PE*Mrmenttpttar Oa vzc (dat
A gugh{ J' LMty"d?' Roster ` !-
F7Atd;ktAfrig r)C y .Oath.. €.9...... , .'..
t^ ew
,Todn. grita raa , c a; , ,,,,,,,,4364 S,i ntent,A_ Ci1etl -t3nr`da¢ j. ' ,i�i�i ".504 •
ttt � � dR .
\
Td Wd2T:Z3 :TO: 8T '; '; TtSS984LOS : ON XtJd ii W083
ti:;;,, KODIAK ISLAND BOROUGH
"r J • ' I
., PERSONNEL ADVISORY BOARD
NAME TERM HOME WORK CELL EMAIL
PHONE PHONE PHONE
Veralynn "Lynn" Bash 2013 486 -6807 486 -6807 907 -830- lynnbash
3117 Monashka Bay Road 4780
Kodiak, AK 99615
Lindsay Howell 2014 419 -450- 419 -450- 419 -450- Ihowel1425
322 W. Rezanof, Apt B 6664 6664 6664
Kodiak, AK 99615
Perry Page 2013 486 -6929 539 -5609 ppage99615
PO Box 578
Kodiak, AK 99615
Brenda Zawacki 2014 487 -4986 486 -9558 539 -7557 brenda.zawacki
PO Box 8662
Kodiak, AK 99615
Vacant 2015
This board is governed by Kodiak Island Borough Code 2.15
egrANk
HR OFFICER /EXECUTIVE ASSISTANT, LAURI WHIDDON 486 -9301 Iwhiddonekodiakak. us
< /FFICE -OF THE BOROUGH MANAGER
710 MILL BAY ROAD
ROOM 125
KODIAKi'AK.99615
Revision Date: 1/3/2013
Revised by: JK
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.D.6
TITLE: Declaring the ADF &G Advisory Committee Seat Vacant and Confirming an
Appointment to the Salmon /Herring Vessels Seat on the Kodiak Fisheries
Advisory Committee. (Oliver Holm)
ORIGINATOR: Clerk's Office Staff
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Email from KFAC Facilitator Trevor Brown; KFAC roster
APPROVAL FOR AGENDA:
SUMMARY STATEMENT:
With the restructuring of the Joint Kodiak Fisheries Advisory Committee in 2011, the Committee
was left with a vacant Salmon /Herring Vessels seat.
On January 11, 2013, KFAC Facilitator Trevor Brown notified the Clerk's Office that Mr. Oliver
Holm expressed an interest vacate the Alaska Department of Fish and Game Advisory
Committee representative seat and be appointed to the Salmon /Herring Vessels seat on the
Committee.
2.100.030 Appointments.
Members of boards, committees, and commissions, except for members of the board of
adjustment, members of the board of equalization, and elected service area board members,
are appointed by the mayor and confirmed by the assembly unless otherwise specifically
provided elsewhere in this code. An appointment not confirmed by the assembly shall not
become effective. The mayor shall appoint a new applicant until an appointment is confirmed by
the assembly.
RECOMMENDED MOTION: Move to declare the ADF &G Advisory Committee seat vacant
and confirm the appointment of Mr. Oliver Holm to the Salmon /Herring Vessels seat on
the Joint Kodiak Fisheries Advisory Committee.
Kodiak Island Borough Page 1 of 1
Nova Javier
From: Trevor Brown <Trevor @Kodiak.org>
Sent: Friday, January 11, 2013 1:16 PM
To: Nova Javier
Subject: RE: Kodiak Fisheries Advisory Committee
Nova,
Oliver Holm would like to put his name in for the Salmon Herring seat. He is currently a member as the ADF &G Advisory
Committee representative, but I believe his term is almost up for them. Let me know what we need to do to get him transferred
to that seat by the city and borough.
Thank you,
Trevor Brown
Executive Director
Kodiak Chamber of Commerce
100 E. Marine Way, Ste 300
Kodiak, AK 99615
(907) 486-5557
Original Message
From: Nova Javier [mailto:njavier @kodiakak.us]
Sent: Friday, January 11, 2013 1:09 PM
To: Trevor Brown
Subject: Kodiak Fisheries Advisory Committee
Original Message
From: Trevor Brown [mailto:Trevor @Kodiak.orgj
Sent: Friday, January 11, 2013 12:39 PM
To: Nova Javier
Subject: Kodiak Fisheries Advisory Committee
Nova,
Can you send me over your list of members of the KFAC? I just want to verify
we have the same members and open positions.
Thank you,
Trevor Brown
Executive Director
Kodiak Chamber of Commerce
100 E. Marine Way, Ste 300
Kodiak, AK 99615
(907) 486 -5557
1
" a _ KODIAK ISLAND BOROUGH / CITY OF KODIAK a�Ct
s'*;,* — �•
.''
KODIAK FISHERIES ADVISORY COMMITTEE tr.
• 5*
HOME WORK FAX CELL
NAME PHONE PHONE NO. PHONE EMAIL
Pot Vessels
Jeffrey Stephan 486 -4568 486 -3453 486 -8362 jstephan(a)ptialaska.net
PO Box 2917
Kodiak, AK 99615
Longline Vessels
Chris Holland 486 -3764 pomega (gci.net
1530 E. Kouskov St.
Kodiak, AK 99615
Jig Vessels
Alexus Kwachka nopoint angci.net
326 Cope Street
Kodiak, AK 99615
Crewmembers
Steve Branson 486 -1098 539 -5610 bransonsa7alaska.net
PO Box 451
Kodiak, AK 99615
Terry Haines (Alternate) yohaines.kodiak(a�gmail.com
Processors
Julie Bonney 486 -3033 486 -3461 jbonney(agci.net
PO Box 788
Kodiak, AK 99615
ADF &G Advisory Committee
Oliver Holm 486 -6957 chicken(&ci.net
PO Box 3865
Kodiak, AK 99615
Conservation Community
Theresa Peterson 486 -2991 539 -1927 theresa @,,akmarine.orq
1850 Three Sisters
Kodiak, AK 99615
Trawl Vessels
Al Burch 486 -5238 486 -3910 alaska(o�ptialaska.net
PO Box 884
Kodiak, AK 99615
Salmon /Herring Vessels
Vacant
Lodge Charter Boat Operators
Chris Fiala 486 -5380 654 -5380 gofishin(a�ak.net
1315 Larch Street
Kodiak, AK 99615
Community Representative
Lee Robbins 486 -2766 539 -8866 fish(a)adventuresinkodiak.com
PO Box 1426
Kodiak, AK 99615
Roster continued on the next page.... Revision Date: 11/19/2012
Revised by: JK
* KODIAK ISLAND BOROUGH I CITY OF KODIAK ` j
.5
a
4 se
i t K ft, FISHERIES ADVISORY COMMITTEE � ^ ,.
HOME WORK FAX CELL
NAME PHONE PHONE NO. PHONE EMAIL
Assembly Representative louise.stutes (kibassembly.orq
Louise Stutes 486 -8757
2230 Monashka Way
Kodiak, AK 99615
City of Kodiak Representative
Terry Haines 942 -0365 942 -0365 942 -0365 yohaines.kodiak(a2gmail.com
724 Hillside council r city.kodiak.ak.us
Kodiak, AK 99615
Other Contacts:
Jack Hill jp7hills @..att.net
Jeremie Pikus jpikus(a!msn.com
Dale Christofferson crisco(a�ptialaska.net
Duncan Fields dfields(�ptialaska.net
Jerry Bongen jbongen( mac.com
Joe Sullivan jsullivancWmundtmac.com
Amy Kniaziowski akniaziowskicity.kodiak.ak.us
Matt Moir mmoir(@npsi.us
Mike Martin - Brechan Enterprises mrmartin(t�gci.net
gala
., TREVOR BROWN (FACILITATOR) 486 -5557 trevor(dkodiak.orq
,,KODIAK CHAMBER OF COMMERCE
100,EAST MARINE WAY
SUITE 300
KODIAK, AK 99615
Revision Date: 11/19/2012
Revised by: JK
° r KODIAK ISLAND BOROUGH
.` '''IA < AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.D.7
TITLE: Appointment Recommendations to the Providence Kodiak Island Service Area
Board.
ORIGINATOR: Borough Clerk
FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Letter from Donald J. Rush, CEO, Providence Kodiak Island Medical Center
06 APPROVAL FOR AGENDA:
SUMMARY STATEMENT:
Per Contract No. 97 -07A: An advisory board meeting the requirements of 7AAC 13.030(a) will
be appointed by Providence. One assembly member shall be appointed by Providence as a full
voting member of the advisory board, and Providence shall give the borough the opportunity for
review and comment before appointments to the advisory board are made.
Assembly member Carol Austerman is the representative to this Board. Providence wishes to
reappoint Cecil Ranney and Gretchen Saupe for the three year terms.
Per the Contract Provision cited above, the Borough Assembly is given the opportunity to
comment before the appointments to the advisory board are made.
RECOMMENDED MOTION: Move to recommend the appointment of Mr. Cecil Ranney and
Ms. Gretchen Saupe to the Providence Kodiak Island Service Area Board.
Kodiak Island Borough Page 1 of 1
Providence Kodiak Island Medical Center
Hospital Administration
1915 East Rezanof Drive
Kodiak, AK 99615
t: 907.486.9595
f: 907.486.2336
www.providence.org
t PROVIDENCE
Kodiak Island
Medical Center
January 18, 2013
Jerome Selby, Mayor
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Re: Reappointment of Cecil Ranney and Gretchen Saupe to the Providence Kodiak Island
Community Advisory Board
Dear Mr. Selby and Assembly Members:
The Kodiak Island Community Advisory Board is recommending the reappointment of Cecil
Ranney and Gretchen Saupe to fill Board vacancies as of January 2013.
Both of these candidates have contributed to the Board's success for many years as active
members and we are grateful thcy arc willing to renew their terms.
Sincerely,
Donald J. Rush, CEO
Nova Javier
From: Swanson, Amanda <Amanda.Swanson @providence.org>
Sent: Tuesday, January 22, 2013 11:38 AM
To: Nova Javier
Subject: RE: review of 2013 hospital board members
Voting Board Members: Term Exp:
Pat Branson, Chair 12/14
Ken Knowles, Vice Chair 12/14
Cecil Ranney, Secretary 12/12
Carol Austerman, KIB Rep NA, Mayor /Assembly Appointed
Gretchen Saupe 12/12
Carol Juergens, MD 12/13
Steve Honnold 12/14
Ron Acarregui 12/13
Steve Smith, MD NA, Chief of Staff
Alvin Arboleda 12/13
Ex- Officio, Non - Voting:
Tim Estes, USCG Rep
Tammy Hansen, KANA Rep
Don Rush, Chief Executive
JC Rathje, KCHC Rep
3 -year terms. Let me know if you have additional questions.
Thank you,
Amanda, 486.9595
From: Nova Javier [mailto:njavierThkodiakak.us]
Sent: Tuesday, January 22, 2013 10:56 AM
To: Swanson, Amanda
Subject: RE: review of 2013 hospital board members
Hi Amanda,
Do you have a roster that reflects the composition of the Board and also the expiration of board member's terms? Are these
appointments three years or one year only?
Thank you,
Nova
Ms. Nova M. Javier, MMC
Borough Clerk
PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this email are subject to provisions of the
Alaska Statutes and may be made available to the public upon request.
1
From: Swanson, Amanda fmailto: Amanda.Swanson@lprovidence.orq]
Sent: Friday, January 18, 2013 10:59 AM
To: Nova Javier
Subject: review of 2013 hospital board members
No changes in membership, but updating term renewals.
Have a great weekend,
Amanda Swanson
486.9595
This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If
you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If
you have received this message in error, please immediately advise the sender by reply email and delete this message.
This message is intended for the sole use of the addressee, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If
you are not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any information contained in the message. If
you have received this message in error, please immediately advise the sender by reply email and delete this message.
2
, t , . c..- KODIAK ISLAND BOROUGH
,i 219tit AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 2013 ITEM NO.: 13.0.8
TITLE: Declaring a Seat on the Planning and Zoning Commission Vacant.
ORIGINATOR: Clerk's Office Staff
FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Watkins Resignation Letter
APPROVAL FOR AGENDA:L
V
SUMMARY STATEMENT:
On January 16, 2013, the Clerk's Office received noticification of Mr. Brent Watkins resignation
from the Planning and Zoning Commission, for a City seat term to expire December 2013.
2.100.070 Vacancies.
A. Other than by expiration of the member's term, the assembly shall declare a seat vacant
when a member:
2. Resigns and the resignation is accepted;
D. In the event of a vacancy on a board, committee, or commission for any reason other than
normal expiration of a term of office, the clerk shall cause notice thereof to be published at least
twice in a newspaper of general circulation within the borough. The notice shall set forth the
vacancies and any qualifications of members.
RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Brent
Watkins from the Planning and Zoning Commission for a City seat term to expire
December 2013, and direct the Borough Clerk to advertise the vacancy per Borough
Code.
•
Kodiak Island Borough Page 1 of 1
,■
14 Jan 2013 -:
I JAN 1 6 2013
Clerk's Office /A
Good morning ladies, I will be resigning from my P &Z seat ,it has been a
pleasure working with you.
Thank you
Brent Watkins
J i
7,7
¢ - ` "- KODIAK ISLAND BOROUGH
' /' " AGENDA STATEMENT
REGULAR MEETING OF: FEBRUARY 7, 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
.6) APPROVAL FOR AGENDA:
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 Clerk
710 Mill Bay Road •
k _ � -,. Kodiak, Alaska 99615
- , Phone (907) 486 -9310 Fax (907) 486 -9391
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. Board members
Austerman, Bonney, Griffin, Kaplan, Stephens, and Chair Selby were present. (Member Lynch
declared a conflict and did not participate.) After holding an appeal hearing on December 6,
2012, the Board hereby adopts the following revised 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 appellant's site does have
exceptional circumstances or conditions. These images show a substantial
portion of tracts in question to be unusable because substantial portions of the
tracts are tidally inundated. This physical circumstance results in about half of the
combined tracts being underwater.
Board of Adjustment Case 13 -006 Written Decision
Page 1 of 2
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.
Board of Adjustment Case 13 -006 Written Decision
Page 2 of 2
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.
Board of Adjustment Case 13 -006 Written Decision
Page 3 of 3
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.
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.
Given the size of the building and the available space on the property, the
Board feels it is likely that any business that fully utilizes the building will
face inadequate parking. Thus the size of the building and size of the lot,
rather than actions of the appellant, caused and created special conditions.
The Board recognizes these facts are particular to this situation and do not
set a precedent.
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
Board of Adjustment Case 13 -006 Written Decision
Page 4 of 4
•
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.
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
Board of Adjustment Case 13 -006 Written Decision
Page 5 of 5
=f . '. -_ Kodiak Island Borough
.- , Office of the Borough Mayor
� �' 710 Mill Bay Road
i t s
- z J Kodiak, Alaska 99615
n c ,
`:., Phone (907) 486 -9310 Fax (907) 486 -9391
Y 4
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
Office of the Borough Clerk
710 Mill Bay Road
•� ' Kodiak, Alaska 99615
Phone (907) 486 -9310 Fax (907) 486 -9391
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. Board members
Austerman, Bonney, Griffin, Kaplan, Stephens, and Chair Selby were present. (Member Lynch
declared a conflict and did not participate.) After holding an appeal hearing on December 6,
2012, the Board hereby adopts the following revised 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 appellant's site does have
exceptional circumstances or conditions. These images show a substantial
portion of tracts in question to be unusable because substantial portions of the
tracts are tidally inundated. This physical circumstance results in about half of the
combined tracts being underwater.
Board of Adjustment Case 13 -006 Written 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.
Board of Adjustment Case 13 -006 Written 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.
Board of Adjustment Case 13 -006 Written Decision
Page 3 of 5
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.
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.
Given the size of the building and the available space on the property, the Board
feels it is likely that any business that fully utilizes the building will face
inadequate parking. Thus the size of the building and size of the lot, rather than
actions of the appellant, caused and created special conditions. The Board
recognizes these facts are particular to this situation and do not set a precedent.
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
Board of Adjustment Case 13 -006 Written Decision
Page 4 of 5
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.
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
Board of Adjustment Case 13 -006 Written Decision
Page 5 of 5
a
Kodiak Island Borough
Assembly Regular Meeting Guidelines
February 7, 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 any Assembly member who may be
absent.
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:
Special Meeting of December 27, 2012 and Regular Meeting of January 3, 2013.
* Resolution No. FY2013 -23 Establishing the Date for the Citizens Board of
Equalization Hearings for the Year 2013 and Establishing the Date When Taxes
Become Delinquent.
*° State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor
License Application for the Mecca Lounge. Licensee /Applicant: Mecca Inc.
°* Confirmation of Mayoral Appointments to the Architectural /Engineering Review
Board and Parks and Recreation Committee. (Robert Barton and Michael Scalzo)
* Confirmation of the Personnel Advisory Board Appointment. (Curtis Law)
* Declaring the ADF &G Advisory Committee Seat Vacant and Confirming an
Appointment to the Salmon /Herring Vessels Seat on the Kodiak Fisheries Advisory
Committee. (Oliver Holm)
l Appointment Recommendations to the Providence Kodiak Island Service Area
Board. (Ranney and Saupe)
* Declaring a Seat Vacant on the Planning and Zoning Commission. (Brent Watkins)
Recommended motion: Move to approve the agenda and consent agenda.
VOICE VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
February 7, 2013 Page 1
5. APPROVAL OF MINUTES
A. * Special Meeting of December 27, 2012 and Regular Meeting of January 3, 2013.
PLEASE ANNOUNCE:
/i \
STOP Due to the delay of the radio broadcast and web streaming, please place your
\ / calls at this time to speak under Citizens Comments. Your call will be placed in a
queue and answered at the appropriate time. Local: 486 -3231.
6. AWARDS AND PRESENTATIONS
A. Student of the Month Awards for December 2012 and January 2013 — Mayor Selby
• Emma Nelson, a Junior at Port Lions School, SOM December 2012
• Denise De Lota, a Junior at Kodiak High School, SOM January 2013
B. Teen Dating Violence Awareness Month Proclamation — Mayor Selby
• Accepting: Jessica Schilleci (Shell- ace -y), 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
A. Providence Kodiak Island Medical Center— Don Rush, Executive Director
9. PUBLIC HEARING
A. Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of
ADL 44355 From a Combination of PL- Public Use Zoning District and C-
Conservation Zoning District To I- Industrial Zoning District (Case 13 -012).
Recommended motion: Move to adopt Ordinance No. FY2013 -13.
Clerk's Note: Attached on gre n paper are public hearing responses received.
Staff Report — Manager Cassidy
Open public hearing.
Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
February 7, 2013 Page 2
B. Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite
Subdivision From R1- Single Family Residential Zoning District To UNC -Urban
Neighborhood Commercial District (Case 13 -008).
Recommended motion: Move to adopt Ordinance No. FY2013 -14.
Staff Report — Manager Cassidy
Open public hearing.
Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
C. State of Alaska Alcoholic Beverage Control Board Liquor License Application for
Transfer of Ownership, Transfer of Location, and Name Change (Licensee /Applicant:
Kodiak Inn, Inc., D.B.A. Kodiak Harbor Convention Center).
Recommended motion: Move to voice non - protest to the State of Alaska
Alcoholic Beverage Control Board for the Kodiak Harbor Convention Center's
request for transfer of license ownership, location, and name change.
Licensee /Applicant: Kodiak Inn, Inc., D.B.A. Kodiak Harbor Convention Center.
Staff Report — Clerk Javier
Open public hearing.
Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
D. Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing Regarding the
Issuance by the Borough of its Long -Term Care Center Revenue Bonds.
Recommended motion: None.
Staff Report — Manager Cassidy
Open public hearing.
Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Kodiak Island Borough Assembly Guidelines
February 7, 2013 Page 3
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS — None.
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2013 -17 Approval of Professional Services Agreement for
Project Management for the Kodiak High School Addition and Renovation
Project.
Recommended motion: Move to authorize the Manager to execute Contract
No. FY2013 -17 with Wilson Engineering, Inc. of Juneau, Alaska for Project
Management Services for the Kodiak High School Addition and Renovation
project in an amount not to exceed $326,650.
Staff Report — Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
2. Contract No. FY2011 -21 #3 Amending Contract No. FY2011 -21 Architectural
Design Services for the Kodiak High School Renovation Project to Provide for an
Onsite Observer.
Recommended motion: Move to authorize the Manager to approve Contract
No. FY2011 -21 #3 Amending Contract No. FY2011 -21 to provide for an
onsite observer in an amount not to exceed $500,000 and paid on an actual
hours worked basis.
Staff Report — Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
February 7, 2013 Page 4
3. Contract No. FY2013 -11 Providing General Contractor /Construction Manager
Services for the Kodiak Long Term Care Facility and Authorizing a Partial Notice
to Proceed for the Site Cleaning Portion of the Contract.
Recommended motion: Move to authorize the Manager to execute Contract
No. FY2013 -11 with Davis Constructors and Engineers, Inc. of Anchorage,
Alaska for General Contractor /Construction Manager Services for the
Kodiak Long Term Care Facility and accept the Guaranteed Maximum Price
in an amount not to exceed $15,374,346 based on funding availability and
further move to authorize a Partial Notice to Proceed for the Site Clearing
portion of the contract in an amount not to exceed $550,000.
Clerk's Note: Attached on blue paper are revised documents.
Staff Report — Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
B. Resolutions
1. Resolution No. FY2013 -22 Adopting the Kodiak Island Borough Strategic Plan for
the Years 2013 -2017.
Recommended motion: Move to adopt Resolution No. FY2013 -22.
Staff Report — Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
2. *Resolution No. FY2013 -23 Establishing the Date for the Citizens Board of
Equalization Hearings for the Year 2013 and Establishing the Date When Taxes
Become Delinquent.
Kodiak Island Borough Assembly Guidelines
February 7, 2013 Page 5
•
3. Resolution No. FY2013 -11 Authorizing a Lease With Providence Health and
Services for the Operation of a Long -Term Care Facility.
Recommended motion: Move to adopt Resolution No. FY2013 -11.
Staff Report — Manager Cassidy
Assembly discussion and amendments may be offered at this time.
IF THE ASSEMBLY WISHES TO CONVENE INTO EXECUTIVE SESSION, the
recommended motion is to: Move to convene-i e xecutive session to discuss
matters relating to Resolution No. FY 013 -11 Authorizing a Lease With
Providence Health and Services-for the Operation of a Long -Term Care Facility,
a matter that immediate- pcblic knowledge of which would tend to affect adversely
the finance of_the ro ough.
ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION.
Please invite the Borough Assembly, Borough manager, and Clerk's Office Staff
into executive session. After the vote, Mayor Selby recesses the regular meeting
and convenes the executive session.
Upon returning from the executive session, Mayor Selby reconvenes the regular
meeting and announces no action is to be taken as a result of the executive
session OR the Assembly may make amendments to the motion or adopt the
motion on the floor.
ROLL CALL VOTE ON MOTION.
4. Resolution No. FY2013 -13 Providing for the Issuance of Long -Term Care Center
Revenue Bonds (Providence Kodiak Island Medical Center) in the Principal
Amount of Not to Exceed $20,000,000 for the Purpose of Providing Funds to
Finance, Design, Acquire, Construct, and Equip a Long -Term Care Center in the
Borough and to Do All Things Necessarily Incidental Thereto, Fixing Certain
Covenants Regarding the Payment of the Principal of and Interest on the Bonds;
Providing That Additional Long -Term Care Center Revenue Bonds May Be
Issued on a Parity With Such Bonds Upon Compliance With Certain Conditions;
Authorizing the Execution and Delivery of the Necessary Financing Documents
In Connection Therewith; and Providing the Form and Term of the Bonds.
Recommended motion: Move to adopt Resolution No. FY2013 -13.
Clerk's Note: Attached on purple paper are revised documents.
Staff Report — Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
February 7, 2013 Page 6
5. Resolution No. FY2013 -24 Supporting the Alaska Fire Chiefs Association Self
Contained Breathing Apparatus 2013 Legislative Capital Project.
Recommended motion: Move to adopt Resolution No. FY2013 -24.
Staff Report — Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
C. Ordinances for Introduction
1. Ordinance No. FY2013 -09 Amending Kodiak Island Borough Code of Ordinances
Title 15 Buildings and Construction Chapter 15.10 Building Codes and Chapter
15.30 Fire Code to Standardize the Kodiak Island Borough and the City of Kodiak
Building Codes.
Recommended motion: Move to adopt Ordinance No. FY2013 -09 in first
reading to advance to public hearing at the next regular meeting of the
Assembly.
Staff Report — Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
D. Other Items
1. Waive and Release All Attorney - Client Privileged Documents With Respect to the
Borough's Contract with Kodiak Construction Services (KCS).
Recommended motion: Move to waive any and all privileges of
confidentiality, including the attorney - client privilege, associated with
respect to the communications listed on the attached memo and to release
the documents to the public.
Staff Report — Manager Cassidy
Assembly discussion.
IF THE ASSEMBLY WISHES TO CONVENE INTO EXECUTIVE SESSION.
Recommended motion is: Move to convene into executive session to
discuss Waive and Release All Attorney - Client Privileged Documents With
Respect to the Borough's Contract with Kodiak Construction Services
(KCS) which qualifies for executive session as a matter which would tend
to defame or prejudice the character or reputation of a person.
ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION.
Kodiak Island Borough Assembly Guidelines
February 7, 2013 Page 7
Please invite the Borough Assembly, Borough manager, and Clerk's Office Staff
into executive session.
After the vote, Mayor Selby recesses the regular meeting and convenes the
executive session.
Upon returning from the executive session, Mayor Selby reconvenes the regular
meeting and announces no action is to be taken as a result of the executive
session OR the Assembly may make a motion if necessary.
ROLL CALL VOTE ON MOTION.
2. Approval of the Planning and Zoning Commission By -Laws Amendment.
Recommended motion: Move to approve the amendment to the Planning &
Zoning Commission By -laws Article IX Procedure, Section D New
Information.
Staff Report — Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
3. *State of Alaska Alcoholic Beverage Control Board Request for Renewal of
Liquor License Application for the Mecca Lounge. Licensee /Applicant: Mecca Inc.
4. *Confirmation of Mayoral Appointments to the Architectural /Engineering Review
Board and Parks and Recreation Committee. (Robert Barton and Michael
Scalzo)
5. *Confirmation of the Personnel Advisory Board Appointment. (Curtis Law)
6. *Declaring the ADF &G Advisory Committee Seat Vacant and Confirming an
Appointment to the Salmon /Herring Vessels Seat on the Kodiak Fisheries
Advisory Committee. (Oliver Holm)
7. *Appointment Recommendations to the Providence Kodiak Island Service Area
Board. (Ranney and Saupe)
8. *Declaring a Seat Vacant on the Planning and Zoning Commission. (Brent
Watkins)
Mayor Selby will recess the regular meeting and convene the Board of Adjustment.
Kodiak Island Borough Assembly Guidelines
February 7, 2013 Page 8
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 adopt the findings of fact as presented.
Clerk's Note: Attached on yellow paper are the Findings of Fact.
Staff Report — Manager Cassidy
Board discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION TO ADOPT THE FINDINGS OF FACT.
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.
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 next Assembly work session is scheduled on Thursday, February 14 at 7:30 p.m. in
the Borough Conference Room. The next regular meeting is scheduled on Thursday,
February 21 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Offices will
be closed on Monday, February 18 in observance of President's Day.
17. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
February 7, 2013 Page 9
a
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET ( �y ( )
Regular V S pecial Date: O�I �n'�1 ��— �
Convened: Recessed: Reconvened:
' \ Adjourned: /� (aft)
BY: BY: (�/ul✓ U BY: 7�� V�X�t Y' ,gyp 'V BY: Ir1 VA_ BY: �<L(4
SECOND: SECOND: SECOND: 4 , 4 ,„, SECOND: SECOND:
fr ASWiliAti boilkivuct
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V\,\I\i( r I 1 \II9 / I 4 L d
` YES NO YES NO . .- • YES NO - - YES NO YES NO i
/ Ms. Austerman Ms. Austerman Ms. Austerma* Ms. AustermanT // Ms. Austerman ✓
Mr. Bonney , 1/ // Mr. Bonney Mr. Bonney Mr. Bonney / Mr. Bonney )
Mr. Griffin ` / Mr. Griffin Mr. Griffin Mr. Griffin // Mr. Griffin ✓
Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan
V Mr. Kaplan
Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch V Ms. Lynch ,
Mr. Stephens . // Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens v V
Ms. Stutes
V Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes v
'CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE 1 .
TOTAL: TOTAL: TOTAL: TOTAL: (52 ( TOTAL: ()
I
The mayor may ryof 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 V Mayor Selby Mayor Selby Mayor Selby Mayor Selby
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET f�
01
Regular V Special 1(1 Date: 1.Ja4 ©'r /0 � —
Convened: Recessed: l� \1 Reconvened: I •O v Adjourned:
BY: Clan BY: ��� I11 /1 BY: FD i BY: SCA 4040 BY: Okik,
SECOND: SECOND: xV V �"" SECOND: a SECOND: � T � (� ' /,tis SECOND: A
l
u , r o-{ ct\a,0 e_Roo -II R,,CI 1_ - a
Uu() .11 ` Aj2j
YES NO YES NO YES NO YES /// NO YES NO
Ms. Austerman , / Ms. Austerman / Ms. Austerman V Ms. Austerman , / Ms. Austerman V
Mr. Bonney ,/✓ Mr. Bonney V , / Mr. Bonney ,/ Mr. Bonney
1:7/ 4j / Mr. Bonney
v'
Mr. Griffin v Mr. Griffin � Mr. Griffin ti / Mr. Griffin . F Mr. Griffin
Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan / Mr. Kaplan V ' Mr. Kaplan
Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch V Ms. Lynch V
Mr. Stephens V / Mr. Stephens ✓ Mr. Stephens
V/ Mr. Stephens t/ Mr. Stephens
Ms. Stutes V Ms. Stutes ✓ Ms. Stutes V Ms. Stutes / Ms. Stutes v
CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOlt? CHANGE OF VOTE?1
TOTAL: Q`"j 0 / ) TOTAL: 17 0 TOTAL: 17 () TOTAL: TOTAL: (' ¢ 1
The mayor ma not vote except in the case where only six members of the assembly are present and there is a t ree /three tie vote of the assembly.
Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby
• Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3
Reconsideration on the same day, suspension of rules, limit of extend debate, previous question
• Majority votes is majority of the membership (quorum). Point of Order and Recess.
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET t )
Regular ISpecial t_/ v- `/ Date: 0
Convened: Recessed: Reconvened: Adjourned:
BY: ✓ ✓ ✓✓ � 1 J BY: �/U1 n BY: BY: fr `J \ BY: CS61 4)
SECOND: SECOND: vU SECOND: "���� SECOND: SECOND:
t 'ILw ■ I /✓ b1:/"�/
dL
voi a0192-D1
c\62).-\1 bolds
YES NO YES NO YES NO YES NO YES NO
Ms. Austerma Ms. Austerm. L / Ms. Austerman Ms. Austerman Ms. Austerman I /
Mr. Bonney / Mr. Bonney Mr. Bonney Mr. Bonney , / Mr. Bonney v
Mr. Griffin �// Mr. Griffin / Mr. Griffin / Mr. Griffin U/ Mr. Griffin t
Mr. Kaplan V Mr. Kaplan � /Mr. Kaplan j/ . / Mr. Kaplan /, / Mr. Kaplan V �
Ms. Lynch Ms. Lynch ✓ Ms. Lynch l/ t / Ms. Lynch V ` ' Ms. Lynch
7
Mr. Stephens ✓ Mr. Stephens ✓ Mr. Stephens v / ,Mr. Stephens V , / Mr. Stephens
Ms. Stutes Ms. Stutes 1,/ Ms. Stutes / Ms. Stutes t , / Ms. Stutes
CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOT ? CHANGE OF VOTE ?�_ _`
TOTAL: 5 TOTAL: c TOTAL: C TOTAL: r7 () f
TOTAL: (
r 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. I
Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby
/ KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET ^ n f on I
R V Special Date � v 1 CaB
1
Convened: Recessed: Reconvened: Adjourned: -
ir
l . � r i ,
BY: .�>1 � 1-G) ,,p �II BY: � � BY: �./i BY: T V BY: � 1 1' ;
SECOND: SECOND: SECOND: SECOND: � SECOND: �, NtiitAl
\ Itstj , 1 1
l cik�� 'd
I , s 1 1 1 i 1 r V
It 0 -Oki Ard
C
.YES NO YES NO YES NO YES NO YES NO
Ms. Austerman N Ms. Austerman s. Austerman Ms. Austermata Ms. Austerman ✓
Mr. Bonney 'W-
Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney
Mr. Griffin /1\7 Mc Griffin ✓ Mr. Griffin 7 Mr. Griffin
17/ Mr. Griffin f ,
Mr. Kaplan �/ Mr. Kaplan ✓ Mr. Kaplan / Mr. Kaplan j Mr. Kaplan �
Ms. Lynch V Ms. Lynch ✓ Ms. Lynch V Ms. Lynch V M
Mr. Stephens / Mr. Stephens Mr. Stephe . A Mr. Stephens I he
Ms. Stutes . / Ms. Stutes VO ✓ Ms. Stutes ✓ Ms. Stutes V Ms. Stutes
(CHANGE OF VOTE? CHANGE OF TE? CHANGE OF VOTE? CHANGE OF VOTE? CHANCE OF VOTE? CHANGE OF VOTE ?J
TOTAL: (9 I TOTAL: TOTAL: b" TOTAL: 4 O TOTAL: t-^
The mayor may not vote except in the case where only six members of the assembly are present and there is a th et/three tie vote of the assembly.
Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby
• Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3
Reconsideration on the same day, suspension of rules, limit of extend debate, previous question
• Majority votes is majority of the membership (quorum). Point of Order and Recess.
/ KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I / t�
Regular v S pecial Date: t 107J9
i
Convened: Recessed: Reconvened: Adjourned: / / - p-M '
BY: / / BY: BY: BY: BY:
if
SECOND SECOND: SECOND: SECOND: SECOND:
a t
r. , t raC2
YES. NO YES NO YES' NO YES NO _ YES '
Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman
Mr. Bonney VVVVj / Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney
Mr. Griffin k Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin
Mr. Kaplan VVVV / Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan
Ms. Lynch V/ Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch
Mr. Stephens V Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens
Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes
CHANGE OF VQTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?' _
TOTAL: 9 0 TOTAL: TOTAL: TOTAL: 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:'4. 1, ;
Please PRINT your name Please PRINT you2name
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