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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). ----, o a d.• ;416,1114 /!� �.,® pop • c i���i. #®��� f ii i � � 044 I ettl - h or s % N ) . II =7. � �.. ti t : r eil! fit ...Ns. a I ll � o i a ° It • A :;•P. 0,..7,...„/ y Legend 0 ) • �o . ®KIB Landfill Site A y Kodiak Island Borough GIS System 1. . . r e le 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� ' f -a IX.1 r h an f a f,Y Proposal I Replat Greenbelt � x � � � d• �1 { �� µy �, F �.- ^ N• z (KIB Ord e9 &06) Into new .Ak'. ?p In z � t t fl t ,' Pacel Rezone to N0 N Ar fei{47 /, i +/ ' '' � Ny Pmpl2 add KIB e t a¢2C t fit 1 . tN� z sY ,r2 to Green Bell � �ri 7 A�� N1N4°°° " ... . 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Sn'nx [SOT TIME �xmMpM 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 . o e cs X 25. poiOp \\ 2/.00. \ P.``-' S TE S j N Ps 8 a�{i J a. rV / ` ^ eaN� a g f �� ° / e -",.= O. S�9 z S ' ▪ LL N A" $ 'I9S 4 ,a 9 L / cc a 7 Hg ti dy — .. s vo or�3., c 7977 (The c�. _ s ° Q � �S� A o �F A • . owe g _ so � �p va n'1 e O:: � � a D 6 I _ e S Pry re t ___1 --r I ' b Si b " ` uss ,oe " °. f — MU ASH'A GY ALPSKA'SUB 'AV i i i . __ , WB9j" I a � _}. A 9 S ais io N 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 „ 4rnR /1/lONI/ts�l � C_va.0 I74 Gl,f r e h 1 � 171 -ed Q or.eevm I +. Vv r- ✓.er. corcer'r <,l u fi —I-lt)� , l �� c I a -f -C,4 hi H r l r t S i-il aS (Age (cl a /tri( -- z - Y R). (Ala kr I,ix. l,cH i n f ki I s a r . L u n al e rS )-a rot tkteat Pr wl ors I no( I ( 5jo ce 6t a rc W o,s ea( lr V enn IYp - I4 s )of of 03 a cr s -Co-c r u s )vr ND o t,t --„ 1 1 CV v-e-- v e y 1 / o av) S fv r s so fro( 0 Hah suoctIVic J 1 Ie rr I • vIe.eded (ar' -rill , e c(; « od r-e e ye aitde tree lit 1-e If Xe- ridS,a n o beams sl as 1\10tf'U rA I is e «v -et - pre Se r"' ✓e-- f(� �. I �I t'r +)/ 64 -- 0 neev � fa r vAw(( 1 C - L y frid pi) Ji e (1e, how as I d t r\ -h-) +k rt + — U r-e 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 ! ) • MRf AERIAL PHOTO AUGUST 2010 IO � . INDEX OF DRAWINGS 4 0. E .� 1 aim AN) rryy � a � y 'j�}l T , sslr eve' DuWwc °.0 ull. wl a ! ♦ t iYLl1l4T • F, � 5 � 2 ".4.c tc: -I Gi Gin ORE}, MINDY W. NOV or O.UWMGf i 1 Y! 2 i SISSWE C / . fIA' AI,=. • / " e . \M W P � Ol /IGLWSGM. LEGEND Max ICUS Y Y I` W„.. 4 -(c 4't ♦ p! aj7 " " ...4-4.. t '° u 1 o n ' . y m ess»e COMMONS NO survey CONTROL z z • +4 • r � y yyta t -M 4i ���? ? aaacwu DATA z x 1 � y w a I T a y a h. ' V L{.LL '�\ < - . CI WE Pw, srAL:NC.In STOCKPILE UE.s z a '�'l #4 1 >� .��,,n t .I+ � r.i 7 � -! y slmuu NO EXCAVATION PLAN - a 4-11.12,41,13 . . PP�a • 14).4e.S r l a. r y .s i i . ^ : 1 -.. . 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E 1 M4106N E F4MMMm 10 i ,nn NnE I MU OEq•OEIO M IcaTLM R En 1 16WN00 OR 10 MfTRIf24041J4c W1t 7012 01lYmfOR011*44 w r 10 • l 11.4 10RD 1111•71111 1111•71111 0 ; PaecT*c RInf -110 fO MFP4V Otl4141C1»L WM10*10 P0°C fn11.'II 0000 TO 1001.0 •110Y 0001004 al=KWTM KM111AC. siiiteks O MOM I •10"O< Y1• PHOTOS Y tv1N1EAE. I 0. 11 1 MALL pR 1. lE 114 Y0 G W ID 1016i14.W Z V IR1101PM.Y " W 4W'J no, HRH WMA94OJE• 0*00 •LOOK OM 111 nP•1 I OJOI - "re4 17.01 t OY» 11L11Y. Ism "1 Kodiak Island tortugh st % 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 0 a . 0 41i1,_.�& oo 4 fa #1111%`' - 4 0410 10 : 01 11 1 i te ll6 4 1 * ----_1110" t-4-4.4,44:1711V41,4„•-0-. w ,,,,_„ ... _ ,_,../ 4 ,,, ;WSW= 4■ 4 .4C44 ■off/ �i . A s , =- a" � �► 4 /// liPir 1 w; . 5�:1 '# • �� 0, ` = i,--ts l �•., ♦1 6' (. \ • 1 , , , ,,,,„ � Legend j ../- - , p�� ,I KIB Landfill Site ' Q „ : .,.., • o v„..,.."•-.1k4" <4.4 - jib ." -:;:::,..-"'-•:'.;•:: %., V.' t 6 ."N s ..4_ Kodiak Island Borough GIS System • A • rti +4 IrI 7, 0 1,100 2,200 4.400 6,600 8,800 '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 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 Li ;% \ 1 *ty,i i ir u i iv**%‘*,* 4. 4 A el ... lopeortir"arat.,4*.,„,„Ai..4.1„,,,..)-4„ tp OM" V tisre Al vii° Q A��! , . : „„-'1:A . / // . 'bir i \ .� e 4004:1 - : 'A ':;4\ 4 , 111r r OVA 4 1 lei .:.; Legend 01° � .�I';'O9� ° . KIB Landfill Site ,14 .. \ 1 ���A � 1� i f O�l _ \l , 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 • t � 6 . A ^' . � '�' . m ac ,t,R..4. ,..' / 1 � , T ■ 0 4 1,54 :. ,...* — v ''' ; '' inc,t ci, ' A .,se .• .... ._ ,..,.,_ w ily - 4-'06 pi i ..4;',4 // r h " r f t Y � * • �}y ' f f .rat �' ,.� '.'4'.... r lit' .• t*. ' liw1 y ' ' T� d ' ` . • - it a y fi •- 7,f,y ' I � l ( ti i ! • . . �r f ' a r� r + �S, , • !r ,( s ,4,_ ,� +. •7,1'.1 = lit , A R .; /L a: . .... ' 1� r . • J ' f ir ; l" • :F' „ � . , � r'Yi+ 1j' -t' . . / � w y . • � 7 . r .ti`s. : "')' r, ,r: . •1,,• - � . 't 1 Ti. .4,. .• '. ., T Y .- p j 1 ; L"} . A f' , A,,," r ' h..- des t �.. �' :S� �. rf fi t: T' F :� , �. :c > , ; x : = . Ai if • .. 1 • 1 , r c c, t : • i • ill R 1' � ., ' , , 1 , ! ; 't � . � f• ; $„.41,... 5 „. . : ' jY 1i tY r ti . � • _ 4 � +: /.l+ � ,/ i 4 , . 1• . • , =; Y • 1 p•� 1 d ` , 1 � Y 11 3 i i �7 Sf i • r s : y! ✓' 1 ii's , s + f , (, }l� ; r f !. 1 . rr r ? ? }� • 1 / ,•" I ! :. S • !. � .1 y 1 t , r te , y 7 -,.7; . ¢ r ti , �. r • : v . _ ■ , � . V * S ,r Legend ,. . " ;� ` �, 4 ' ��'t I KIB Landfill Site ;: e. f I •s 7 i f , t / .. • Y • , f illy r� � ` ^ , . 4 ■ 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 z Number of Entries. 4 $3.000.00 $3,000.00 O t' IN O Fa N n' Cu O 0 d rD N A 0 A - 0 20 C N4 C N CF O co Mal tU cr • _. N ma .e N N g p V F ' O • User: Dria Holloway Pages: 1 of 1 9/19/2012 10:14:09 AM 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 I 1* a 0 tor . 4 lit Ir r w II tip TA r aite i t pi r , • / ,,• .,•, • . • . ••••444. ,.......0 0 Z 3 0 4 • d ) 7 • . ❖ ❖. ❖ ❖. ❖. ! 4:‘ 1----? / . • i 4.. ❖. ❖. ❖. ❖.• I ❖. ❖. ❖ ❖ . ❖.& . ❖. ❖. ❖. ❖. ❖. ❖.• Q lt;•••••• •••• • i 4.. ••.:. ••. :. fi . , . . . . . , . . . ' " .1111. *aft c<3 .411 ♦1111.♦ r s 10. 0 01fr 44 4 1k -.... � eo ° s .. '` OQ • _ e ;-- a Kodiak Island Borough GIS d � p p � Legend ,„:„., .90l o 950 soo 3.800 i�i•i�i�i Subject Parcel t r t I t t t I mom, 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a properly within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Case No. 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! • A KS( ^ • '! . I 7' 70 M .0 r/ /Wt /-P aselirei A r , r t / `.Sa ... ��.. _111 R .:t. _�_. ./ . / / . • .. <i 4 11-1 7/4 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: k 1 • ont "A U‘r l V tltl' �1AA ( 1 "U y 1 J • e• AFL • ,} El,. 1 . a - • . of _.'..S U us CAL �w jto 341►. L'd t601'99b'L06 tempo °eiwer e££ :60Z190aoN 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 _ Your Nunn &a � C E/-� &�q Mdaea Add car: 9i( l { S I • Yourpro ducriglo•: ' r ...___ ,L.4 I ... • / nrifO/ .Orrie /ADP" TO /T0 39 VWIy1 BDZZ986L06 81:0T ZIOZ /40 /ZT 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 or LLor (JO C31�F5 F kaMA r,JLucE— o r 4pL- 14. F I (&.1i102r).l1 ` ? f /- 14FlTfof1s to IT ,WJtt tic . - 4 .A Jti _ . d I I. , Adak ... Le, Ai- - a . I I t1 DEC — 3 201? CCyMIINltt11rvPI OP" FM OFPARTMENT 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 I 1 ti i il I ll f I 1 Case No. 13 -012 Appendix Page 5 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 ry� - y r 1 . x `l , ri ,. , E r s - l , ' •fe'ra :,..T.10-$.101110, . ^`L dr- % 1 f er ia • �ax •�♦ t v r H . �I _ �"' "- SKI „ ma y ' r Y w +A nti pr. .. - ' r r 7f �+ ..t L G i `its % 1 • rr +R ik1 �C .r ' C rLy f✓• ~ tort / 4. +4'' 'rr ?r b ✓' ?�/ !' r \Sy •§ „ti • }� :, 4 .1 ci i • �! 4 1 , { 4 �t ! x' I W \ 4 • r24.141/4 } t v # .`�.y ! •.. SS..�+ 5 �t } .'c `� .' • �'/� a, "(y � w j r '4 > .. `` « • ,�.! -f - � �{ �� i rU ,�/ � Pl � r 1.2 s i p� • - ` Taw. E . , • -1"-- -,,,. y a .a .'T ,1„.„ -st/r• ".. r ^ -J w •b ♦. .'y 1 1 . " rj � ,/ � ?J t 4 . .r T 1 . ; 1r ' 4'`1 � , + . 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G 61- t,it: '1' S �' 1.• T Z.. ,`/ -'S • i `"' 2 'S�' L's tl 'y' Y Y '�' y s`: .1.'••;-.`'' „Jr.- 1 •.• i ' . •}. k y C 1 . 6 , 4,-"i R .:r`S Z• fi tw �V • r' y 4 4 ' ...s.. -1 r ..-.1.7 .v� \l1. ` - ` l t , -'l t_`�:4;0% : ^A' r ;.t• ivri,Ac q 4 : t ,T° Ay. � ,y ,A:,,,,, r w- ? S .. , r , v a ` r ' � ,t: z: .. ;;;� } 4'1� S+• [ s t , , t; - 31 . ..e..... r a Il - Sr' � a. ij , � , e � �� Y ^ g +• YS -�-a y .,,y .., •, 4 4 i . a P. + 4. W Q S s :t N {g + • 4 •'1 -iag .4.. J SV ..� 'Y! 4Frrr . ( Q Ordinance 84 -58 -0 (A) p h -- -0...-1.- , •:-• •�G „ tea - . . .mo t y 4 tires . •e. - . • • .ih , u 'A 4 r •1 . l' l'" a •,. SY' ' - e ' 4 s'. t LZ x -, ,+ . ' „ ce • o c, . .. a l e � ' # •ry . s. . >' • - 8 101 Landfill Property Boundary {, ,,4 :h .;:o.h.4. ^ -� a 3 ws S ' • ` ice? a ♦ c+ . , ,� }..�';. { — F,t4C Y�`?� ' ->_. ; 4, i n 4: 4 ' ..,. - 4 .ita . i ( .rw�- .. -`4` r -t /' 0 235 470 sao 1.410 1.6 Feet ;a , Gq.v ,w , ` � r 'S` y, Rs"". M♦ r }} f Sv 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 Public Hearing Item 7 -D g..,, P &Z December 19, 2012 l � S � .2 r .'1 t ,i0--.• � p r a .'iA PA."; w�' '4 '• �s a r. � .n. r .v +C i y :y • .+y e rr : I . at . .s t r "'^ . -( •+� a �r+,,Y a • { . �... c ; '•' -'• w r Q` x Y �•_ a = S , "' •• g a ,p 4 q{ � (�ty C !, r 9,-4 t. • rk ; 4 • � ° • a Y . '.4 ^ .= t. sK iS.. ... .. “ ., �� �"F •. ." . ' • tt tr..• - ^. ' 11 Y+"... N ' y. { 'i' r . ( i ^'4 t \ r�-4 I ' S ( y' � 'x K ?' ix t X . .:2 a a,, � , hT R:Y • •J' . . . .. ! : i+ , � l �� v � q' J ' ( �) , ; a /' r J X.ivri {. • .r ` 1 ..2ri dt' , I r �{� a .;,1 , 9 '}' . i C . J+•'+• .r.�-u7 a `1. Ytit x < 4, 3c a '" . 1 F 1 T t a i j .f+ • JNa }v • • ��{. ".` '�^ .---x4„, •9 F+ '� x t ;pm. 'I N`. ... 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L . k, 4I• 1 � � • ' 1 z J _ ^ .0 `�• �';� .. ` r • r g M, ,aL.t. d ' js" X. 1 a ' ! t ,4 F • L t .. -. , •. ..z. .atr .,. t . . a 1� q 'e•i: '� , ` 4r `4 ' � s � / • a ' t s�, , ty cty� : .. r S• � , • Qn• ... . .,. ., N t • a 'r x. .+ `'' 'sq • v y ry t y. • 4 y ,n . . T �a?L„ % . f r '..- y - ? "dr y " d' ' r a M r ryt. ;--,..N. "E.: Ili,' a y . c ,, t ' t \• r� .t'•' . .�°.•rt G �a arc . I , t . . yy .t' • 4 \ '.' tY.'o� 1 v ^ �Y• \te � 'T> v ' . �s a : it r t 1 }fi ... i r� � a y 7l q Z ' • +. n .s th rv: '$_ . ` - - -11 y .' R-h, r �D 3 }�R. alCt•a t� k vl > •,- • •`• .4... i+ 1 4 'a a tz- T �a ‘4;...:...!..?„.-...,.::„, 4?.�P ' • `1 • • ' - 1 . "ate �i4 53 1 f Sr Y i L r4s ....• :„ .�. 4 ' ii> t ! T ' (;,, - t' , ?%•:; 1 ;k 1- � f �.v .t .+'� k 4 F a j 5:,- f a • r—f Ordinance 87 -15 -0 � .t?-1", M1 .. '` rd .a a ' ; , • • "+. e. r '. ' ` � . Y'?t wt., [.4, y � . •� L. + F r t .-1 a.n ?a+�,“rt n r>. ;ri yv.-2,• d s 4 h. r. 3 � �a i t Lt � ••'-'4; a. . ,[• k y; a ff s 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 ,7 - —it/ %di' A415)1' '—''' ,,,. ,_ ,,, / 1: - - ,_, , t „._i____ ..A......,..... i ,0 „ Nnfi - .-,,, -A. I_ • \ • � � O � o L,eQN' • • J .^2,t, c �� o, v � P� a G l � 4 u Is,6 _ a° „y AYR %6P a y Si m 0 f O 0I V :Cr / . L / f 1 I KOMAX ISLAND SONOVCN Case No. 13 -012 Appendix Page 12 of 25 Public Hearing Item 7 -D P &Z December 19, 2012 �L r/J � ♦ I U4 ♦F t> �= Y , t u�•.ti+' .%' ' .: x.; `70' . ' 4•0 s 1 4 a i 'r n e . " • 9 1,t / . * 'w'' a .ric .', a -is -;• — 'a'':t 40-•11; :::41• . * a • W „ ie ,,..,,....„,„4-4-aPirbe-ti, ,,,,....„7„.„,„0 .ff,....._.......... _ C'u' tit?"' . 3• t � ''`` d 1., �� _v f , � ♦ Tom, . < ..`,\a t t '' •l t � e °` " � % it ( , r �; S s � ' tW t ' I . e.4 . 1 �'yy. ., 'v �1y, v i • ....r.,--."..k., > " y. ..a ;,1/z'a^" ' it ,.. "k.- J'4 Z .y +i C f'? 14 '. z i ? „ a0. ♦ ' . k ` t, r p Y Lr'• a . f .r. .: a X - rte ''... x ..ea' `. '.t� 1 fK• .. ^ r ltA _ 5 � , Ya _ .dfi ...4- Jr..' a . 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' + .'' f v .4.. . v a 24 " „'-3- I• 't4.1'' 2 " . n 0 Ordinance 98 -06 i :rL.SS7: •L t.,..r .704.-X. .. � ks�{ 47 f z • • SW' -. C S 4 > ,I q ' L s' ;3. "L ' �, ti t' t.3 ` t. r 1 tt- G a a tt k ?V s i• 2 a F t Iol Landfill Property Boundary G *- , ^§ -� - l•ZZ` - .41;U". • ,:4 „ ;• 7 - •o r c ; ,. - 2 y n° ' f �� j ,,,sa S- ..W-t•A, \w ,,, , . R te - r �i ' L ,u" `� !C 4 ...‘,6,4 • ... < 'w, "el --- t ems ti 0.•' t ! v d r"y lc:: r.- - 'Y • ' " .. P tt. ' . :, s• 1 '' [ � '' c i+ o zas 4'0 sao 1,410 t r� X a '� �.•. - M ,. "x fit •� t •} "Wl'��fF IFeet '“, e s tu 5 �• .r `-M ` y ...1.W aaf� .2.,,' ,�. i ' ]5 a. -,.. ,'' �4"3'_a*....• ..e. . Nix . s Lls?"v..iSsL '°4)'� 03".";===. .w_ 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 loft Case No. 144x Page 18 of 25 Pubiic Hearing Item 7-D P&Z December 19, 2012 II CIA At t p, Case No. 13-012 Appendix Page 19 of 25 Heari Item 7 -0 P &2 Public December ng 19, 2012 J @� 9 n x wa }3, " ),. a . ty �1 ? �F 19f�i�'+.,+z` x p er• 1 9 _ r t %., y` "+;; �t ' ' � i �Kr' r r tlk w{ �r•1 Y k ° ti F f 3 - �4�'ry? a a- 1 {�tk� i �' I4 / —j' JT -0L.C+ Itt Ysil: ry 1 t SY' 1 �' b � i SV� � '� 1/2,;:, 3 e / y. y aq T1, 'Atilt 3 1 A ] r j 7 \- jT• f . y S Fry e 'q : t l ''t ,` 114 r � . \ • it 1 . ,i} ae=! 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J + l ".w { d T ,..,01- • ' .1..' ♦1 � Tit + T / 14�'. a n f l' 'r 3 3 $ ' f` a� a¢�GG:1 '9 _ 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 /a ) r�� III P I , * raipairk / * SI I r ar s to; ke A ill �o a Legend ` ® , (1 i Landfill Tract i • s ®` Residential Impact / e QBa � ,I, Kodiak Island Borough GIS System pi 0 350 700 1,400 2,100 2,800 'Feet 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 . . o o p cacti" d/ ,�, o � • n e '``0111777 cif ri m c t � , ©J V o IP- ,/ t o 0 ° o o ?Zvi � o -� Legend o • r t I I Parcels selection c r c.. --2 • /// 1. Q. r 0 . A ° 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). l/ f 1 i USS 4871 9 9C 5° ,Thy-/-1 UBS 4871 % �®® �� �� - :Raanecli 10 10-XION , Aptiefra 1 1 41 11 0 I 1 0 1 I I I 44 A 0 I i IP W ia i 1 4 p US9 3885 itc# 41TO\ , • ( 1- , , , . 4kirt 4 7 ' 4144t • ® 41 0 ® 4's Val ® �. airs* -� �� t � ®I USS 3169 Legend , USS 1702 Q Lot 2 Block 17 Subject Parcel e Kodiak Island Borough GIS System n . 0 330 660 1,320 1,990 2,640 Feel The map was prepared from the Kodiak Island Borough's GIS System. 11 is pro'ided for the purpose of shaving the general location of a properly unpin the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be °Maned bycontachng the Kodiak Island Borough IT Departnert al (907)486 9333 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. VIM 9 au � 1135 4871 8r1 u elo r 4 •11111‘. #41 i 101 iv /A . 10111k - 10114 ,-■•-- USS 388 �� ■, , , 4 , . 4 " /4. ' ••*+.47,1116%. 41 41117 '' :4dir - 0 ■11,7,,A, 41F iMiS IkVia '' l ita i l l Welp 4 I 1 0 , 4 4 ni bl r WA, AV ". 410/756 411P 4iiii, ./110** ... .• 4\; ..,.„,,,, ■ I 1 1 V • . . . 4 I k , M rAill,, 1 libl,' 11 * P1 97 4 A ' TA4a1164 44470:404714,48' Afft 44thip 41‘ 1 USS 3169 Legend USS f 702 Lot 2 Block 17 Subject Parcel 1 Kodiak Island Borough GIS System �� 0 330 660 1,320 1,980 2,640 Feet This map was prepared from the Kodiak Island Borough's GIS System. 9 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 -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. USS 4871 TRACT 10F TRACT C tl OP � M� US' 000 ' O''.'.:81111•11; \ 0001 AP ' 4 0 II* s ' 1 * . — 4 • , 4441 10 4 * ' 00 1 I 41114*4'i Af —. N4 41k \ # , 1 4 I I I 0 I 1 . , Iki ... 4 , i ,,,„ .„41-6.-1rmi 40 4 4 4, 1 7 4117h '44 - . 40 r -- --:,,,, 411, . 4 1 # rim " O ...... - -., ,' 4 . 1 974 4 . I N__ ® �. � ®. ___I Agep,...4705 4 4 . ,, .„... - . 1 it.. - 4 ® Legend USS 3169 Lot 2 Block 17 Subject Parcel 1702 Zoning Legend 1 Public Use Lands I Rural Residential 1 Multi Family Residential Light Industrial FM Watershed Rural Residential 2 ik, A Business Rural Neighborhood Commercial Conservation I Single Family Residential I Retail Business Urban Neighborhood Commercial I Rural Residential I Two Family Residential — 1 Industrial I Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a 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 . .. . com .uni.cationground station. t c lb ti / Veil" •••• . j # rf P R" .. ) 11°11°' rte « ;r . v IP . . • • , . ir ' 1 ‘ . ri, ;49 ve.... 0 :". - -414 4 !,: .4 ), . 7 Ipllp '411 Pt • ..,...L 1 . . ,,, „i'' :..,' - 1' : 4-* . .... . .. . - o e: pi L Agy `� :r ' ' r k j ,.. [ - t • � , * Vii. A i l , . t o .� ` , ., , . N. ' . r , • a t , {{ r• •rr 2 . ' 1, ;. • • 'i ► - .. s 91'. 5s n "• " • .: • ., C ' ] .r "'''. . ' "- A ,.. . . , s , - . ' - ►-- _ ....� f w ' . ♦ „ ' ' Legend . . <, J f Lot 2 Block 17 Subject Parcel , • ti. ti t Kodiak Island Borough GIS System nj 0 45 90 180 270 360 1Feet , , p This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Isiard 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 -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 E-MAIL c tyofouzi�ilcie�n ouzinkie ore pp_ SEND TO: PMttr`f" Lt c1 FROM L clad. c A �h z FAX # t - 4 3 9io DATE: Yd /y//Z, TOTAL PAGES, INCLUDING COVER SHEET c 0 0 - l la CO 4 1011 l , // '04,0yotkl p �arT cal! Case No. 13 -008 Application Page 4 of 6 /-�7� �,. ,. p, AY di di Gte�era'fpr$ f ( w r . I y� J , R ta.„,..;7c- 2L C y r.. . 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LC MOB AMR % V Sam DURUM (AMER N CIRCRISRa&RBJ. BURY =MD CIRH AT War 12' _ 8a r rulr 1441 °8A88. _ aim Arznar°r runMm �2. yf}�Er1'(ENT NO Cr A - s MI rT rrvraaMlP0r0R mwn r ` GCE COMMUNICATION CORD A �— 1 s r 1 ND mHr I YAM KB WMInn RrnuB Cv C' T Y O n .d s�. l ived Cr-XI J L' a0 -rn 1 MI MI BMI F li 1 �' I ! n Ft-LE WflH "� rya [ es- a AI TO TP 8 ,-r 2 ` 6V MTBfAT[e1BII,i68 O co r7 r,�� S K turMPR 41as a L�_. GROUND DETAILS c7 N A4 BANKTOaa mui LLrr++''++``�� a MAIM . P ISIMMO NTMO' 1AP RAM w M � LIHOC —L ' - D IBC'% 9 1 6 5 a 3 2 1 v ,Y IV 0 0 3 F+ v N co 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 TRACT I OF TRACT C ,0q� SSpEE C ® "yL 4 9 L / © mss T A M Ire 5 0 ®1\ � . h iRa Sip LIN„. ,L,, / . r wv,_ Sr 3 ft O 410 • V , 74 ® * ps_40, 4� '74 •• `es W T 0 \ sr � ®. � I IISION R FFr ►` ® 3 ® ®�► ' ------n y ® B a TRACTA - Kodiak Island Borough GIS Legend " N � 'e - — — w ith: E e, I Subject Parcel \, V�y Feet �► o 255 sio ozo ® Notification Area Sr 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. . uss 48 /1. _, , TRACT I OF TRACT 54101 z9 � kis n A 1011 47. vl r 4, 8 ' abrida t c .•' : us—t 0 ® ©. \ „...._•, 4 „0,,. iti, 4,,, - . - S 44, . 0 s a TRSF. ® . • '''sr 4,411Pas I ��; �s9 ® ® ® tYV14f alb i • ^' ®B TRACT • • ._R Kodiak Island Borough GIS Legend N 7,49=1.- it 1 Subject Parcel W 1.. - E ' Feet ' , , 1r4 0,y 0 255 510 1,020 r t ( ��'' Notification Area S 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 m 0 N a O � 13° • - � Ii\ c,„ a won � /�\ � L : / � t• " o ; ' d it A es., O II ��7� ' S runwayo longQllllfr?= � �ofresldential O rate ;„ ., ti@ if em. nh a l.pr - # ,• f - ., \ A is- ' f aaerr� ..,, --714. / . , - ..: , 4 ". , k r Nye ' _' /COQ N r t0xm " r to �� �° 0 , , ■%, &, 4 411r e 4 . 4 ON '. 4 . ** 100* S 4 YM8 b � ir di Q =_t: \� E E 0 Kodiak Island Borough - Ouzinkie: Proposed Future Land Use To elmaV A Q Conservation Q WaterfrontMixed UslResidenComerci6al Residential Ega c Kodial Industrial Q Public Use/Religious W "'I�r m`o`.." e W B' O R UGH ._. . comywnanw. nyn uyme. °�' Source: Kodiak Island Borough GIS, 2006 a I, U Case No. 13 -008 Appendix Page 3 of 5 Y� .4?...-,', ' .� x • t7-4;k1 r ' i� j . ,. ) }j� a] R te`{ a 'p1j }{ e- 4N l a `I{ } I � t. 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T . f i nt. - • _� 1 V it A 5'y'M• t • i It •eA r, y n i 6�yy 4, s} 4 a 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 : J f `e l .'' w : ' -Y.tc$ . . ;'err , Transfer Application Page 3 of 3 , i `� " ' \`� a�� fiInnaN`� . .,. , . . . . . • • • . . • • . ' . ." • . . . . • i - i . • a I . ' I . - . . . . . . • H 0 1 . • . ...- . - 1 i •— • • • . ! 3r- dlene , , . , i ' ' --- - .17 ----A-1- Th - 4.7 . C t d i 1.11.Y.I I Ih NINILTai - 1 ED li 1611rAril , rn i • .._ - 1 . . . - 1 - 111110, . o n. i :. . • - . _ . a ...,.. _ 1111111.--,1,-!- . • I . • . .. J • - . H b t . 1 .. .4 , • •. . . r .... 1 g i • . . I .1 • . - • \ • ...' • ..-- -. ... . ., _ • n IlEen i • lilt •,: , 4.‘ j 1 • ): , ,fet. 'I; - • . - . ! 9.-A.•- , .,-.,... 7 2 , •t i ) ,.... k ' • (4 ! -\., ‘ ...$5 . c 1) 1 . -5 nri., ., I Ck,...);' ' • Ai 3 • • ".• 1 I ' -La°. . . .1 1 ° . • . . — 1 - v - - %••8( t ; •I• • Z ,, .i,„;•8 ... 1 .. • • .. . .. .... .. - Ltd? ,ct , 1 • ("td Ci C . .1tA e s,e) ) . I . • . . • . . . • . i . . . i I n 5 L ? t ' 3 i 1 1 . -- . , - . I of 4.,.., . i k .,,.... t . . . • .. • cl ,- • - r • A/i_ _ ; _ _ • I ' , :, • niiiimp g ,ED i Ti, _tr.00ttsti: , - c-r----1 . ,_ ,-,,,-4.t..- Irilti all , lip s 1 I Ri 1 i • .03?-• a .1E311111111111i :c i • _IN_ luir./1011111111111I — i hill lili lin PI I • - I 4 111; Ai bar li i .. I I . • . 1 id till a 8 % c>1 yr • he; . la HAFSCRPAVAION • 1 BARNES • ARCHITECrURer m tv - Itat SODA • • "•-••••••••-/-...,•-•-... rola • 11 I a ILL . 211115010tDitoWestKaak Nub . . *- • . • k ' ' ' • • , . . • 1 s} Kodiak Island 1 Or ough 3: r++ 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 ; .. !rill ; 1A 1 °4. -: 1 '-'-. - 1 : r C' •Ye ti 1 . • — A , IW ', . ; I 1 i — : . 1 , q , I , ,t. ' !i I y I l l 1 I J J: 4 $ • UU - Wilson Engineering, Inc. `t 175 South Franklin Street, Suite 300 Juneau, Alaska 99801 gi Phone: (907) 586 -2100 3":E'---t T T F Y's, , 7 T II 1 t u . I I > . L r ., r cir Iii 1 111' 4 8' L aem, g p . Ir p .... ►� pus . �s� e � 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. 1 4 01> L k_ 9I 11I111111111 !1111Q�L. �(II I 111fl ea ®ZIW9 I t F • • - r 11 I IIIIII I(1 `) 1�, • 1 . 1! I 'e'Lt.',dial- c -: m. i 10GI want cm 1 =it t . II d I , 4 ""yr I ' ' °° 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. Page 1 of 16 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. Page 2 of 16 KHS ADDITION & RENOVATION Request for Qualifications PROJECT MANAGEMENT SERVICES Professional Services 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 Page 3 of 16 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. Page 4 of 16 KHS ADDITION & RENOVATION Request for Qualifications 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). • Page 5 of 16 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 Page 6 of 16 KHS ADDITION & RENOVATION Request for Qualifications PROJECT MANAGEMENT SERVICES Professional Services 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. Page 7 of 16 KHS ADDITION & RENOVATION Request for Qualifications 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 Page 8 of 16 IO-IS ADDITION & RENOVATION Request for Qualifications 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; Page 9 of 16 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 Page 10 of 16 K-IS ADDITION & RENOVATION Request for Qualifications 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. Page 11 of 16 KHS ADDITION & RENOVATION Request for Qualifications 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. Page 12 of 16 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. Page 13 of 16 KUS ADDITION & RENOVATION Request for Qualifications PROJECT MANAGEMENT SERVICES Professional Services 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. Page 14 of 16 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 Page 15 of 16 KFIS ADDITION & RENOVATION Request for Qualifications 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 r f ' avi$,_ t ° *" ;' . 'c onstructors P_ !& engineerianc. , 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 • i - tai C_�LoC i�rno:�r°r,r -3C'rce-�r 1r% �nFl- 1t-JSI c ! r... 1rr,o� --Di r _ _l .a. .. 7389 li 25J 3n. 12 '18.wa. 11' Jzn rr.n Pr Design, Planning and APProvalc 271 134 29-Jun-12 20-Sep-13 2d-S l3 • e�t, 157 131 09.Jul- 12108- Aor-131 106 AV. 1 3 • • _ASA ProvN eL Agreement Finalized 30 1 1 0 -AL 2L21Jen13 _ _ • -� _A1I680 Eagles Nest R location Approval 50 1 2_03AUP1.I2 05-Feb-13 ® i- • A1590 Finalize Asse 5yPacket 10 24 -Jan-13 06-Feb-13 A103 B Assembly g knl 0 1 07Fb-13 __- -_, •SubmiI Assembly Packet = A1A1 Assembly A 166 50m 10 A dyV Process 5 n14F b-13113-FOb-13 G ' Vote 1 1 r • Assembly V lei 6 90 V o 0 10-Feb-13 .... .._ __. C IeCMv Approval pacuments_ 15-Mar Y 13 • CON Approval _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 � - 13 f44 • 1 _ 0110048 IReviewp period _ 20-r 20 1]D 12 LO5-Feb -13 01110 IL tuctmD Is 15 0 30-Jan-13 II 20-Feb-13 IO 'e•••■1 A1500 SIBCM/GC Bid Process 5 1 12 29-Jun-121_ 20-Jul-12 ■ = A1560J Review Proposals _ _ 45 ` 19 _ 10-Jul t0rg Al2 A1510 Pmliminary Schedule Development 3 I 5 13-Aug-.12 16At ;l2 • ' A1530 Prelim GMP Development (with site breakout) 1r 14-Aug-12 10-309-12 •=•• — Schedule Prelim, CMc GMP Renew 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 M-13 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� _ Al fi0 IExterlw FlNShes &Glenna 75 1 = 11 -Apel3 T 31JUF13 t ' A1EOIInteria Finishes 8 5ystems 90 I1SMay- 13'20- Sep-13 t r — BUbsuMMeBCiNI Construction 168 14-Fab-13' -13 1<FeS_1T • •17- 0ci -13 1 - 114 -b- 131]- OO.131 14-Feb-1% /1] -0d -13 _ A157O IEaMApproval%area Removal 1 I 11LEoFe413 28-Feb-13 0 _ A100015isuMW11wlan +- 29 -Mar-13 28-Mar-13 t A10101Grubbirvl, & BMPlnstallmm 229-Mar-13 02-Apr-13 A10201DeInstallation --- �ty Installation 03-Apr-13 09- Aprg3 _ ' � _ A10301 Pe0 Excavation oc Prereton _ 1 T _ O0-Apr-13116pc A-13 A18601 Roadway Excavation and Baobab _ 10- Apr -131 16-Apr-13 G A10I01Eledldel Underground 1 12-Apr- 13 -13 C, A1880 She S h I MO 6 4 W 1 _i_17-Apr-13 30-Apr-13 _ A1040 Back011 MEP Rough In Grade r _ - ma -13 0 _ A1050 I Back 011 Grading Foundation Penmler 13JUm13: 14JUn,13 1 _ AIOfQ4Sile Grading _ y_ �1]Jur JUm13 tl A10]0 Curb Placement 1 � N 8, Gutter 20-JUm 0 A l09 JJMmII 5J L A S 2Un13 01Jul13 MI - A1P 02JUL1]�0 -Sop-I 'I _ A1100 Concrete Patios, Pans and Sidewalks _ _ _ _ _b___ _, 2]- Sop -13 05-S¢9-13 0 A1110 RO c000t s rig y 1 _ 10 25-Sep-.13 O 13 _A1490JDecaetire Fencing t _SOP13L16 -5cl.13 0 A1130 Final Sta 11selm 1 � 26- 5¢9- -13 16.Obi _26-13 A11201Remove BMP's 17-Oct-13 1- Ocl_13 Facility Construction 22 1 or A-13 1St-14 19- 2 P 15 AOr 11•11.12,8141 19 1! 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Specialties _ I 12- FD114 11 Mar I O A14701Firel Cleanup 05 I 14 11- Mar 14 ` 11J an 141 .4 _ AP901Cx Profuncteal Testing 1 _ _L13Jeb-14131 -Jan-14 - 0 _ A18001Ox FUnerel Testing 1 I 12- Feb-141 Feb 14 0 A1010 Inspections__ _L_ I05 .1 Ma41 C6Mar1 _ r A1820 .[Pcn161 i I O/- Mar 14T 12- Mar;14 __ A1830Uneser Training 1 _ 13Mar 14TIT- Mar14 f l 0 m A1840, Final Cagm oti 18 Mar . 14 : Date Revision Checked Approved a4 tl ,I• 18- Aug -12 KIB CM /GC Kickoff Schedule JMP LAB R ^ '>/ 20- Sep -12 KIB Final GMP Schedule JMP LAB d &91$ 23- Jan -13 KIB Updated GMP - March CON JMP LAB Constructors ! &Mengineers mc. 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. 3 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 4 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 4 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 EXHIBIT A DRAWING OF PREMISES .' 'i , .. < 1 � `' ! y s Y v'9n ' T �� ;d n w,� r Yr" F k 5 ".. t 4, ,. {F er ; r -1 . Y; b , � 14,t1 � nrt.r � � r r f . i, > ' ,a .�i{ : t ti Y� i•1,n. J - e f �'�F . 1 ' C L t. .Y 4� - L. ! r - - ! .wa j ~n b ,,�." p +� " •� i ' �.,s 1 piGr v Y' , ( iA } i• , s j . - 0 f S s Y fY. ' Ls. . , m ,.y 4 ,a � , ' (�. ,• ,ic � 'C�. M ± ' ' -. IL` A O ) y c . C � t= (' p d �y ?e C � ' � i ' f �' n - r r - t I - 10 O co . s.° * y 1 c 1"a Y ika Y'y.' . {p : t' - b ? + ; > , - ! O L• m ` • n✓ . _ a ,, 1 . \ '1 1y.{ r "Fri Q N -se 'p • t� a ! , , J s - ' I . ! < cli . t a Jx.If 1 t o : m to U C ry ..#4.,,,,,- +F r 7 +' y 4 61- ii i s i , A4 x` i i , r { -4 c all fr a x 4 .. f 4Sre � } ' i e,: , . kIii • F� 'S „ O O Y - , ,.F (i `�# }y' I 1 LjY'' C 4 + ,i f ' b i a f 'H I , } 71f 3 44 f .� ( A + Q > it y M� a c 3 l. 1 i • $ r , t .. 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J r 7� / i ,,z t if +..} • . .` `' +` l �+- � n {" 2 ( , t ` i ■■ g �[ �`n H i �� '.-1, 1® ,e t r . Pp. .. ♦i 1 # t S . r2, rt r'r R 1., e """ °.... ' { •. `f"�e , a , , v r y. 1 - ♦)-• S .P ; C e i j rl ' ' ,I ;_ a l� 1 f t it , t x a '`s ? �1 { F f s x ' ! y l •''1 • 3' 1 ! y a ' `ZF'r4✓ 1+4- 3 li I F lir% 1 P r • b a 1 'y S l L .. - r , • ° 4 44'1 ''`."�'x i, . 1 + ( � Z t � 1� 1 " r a y ' { / t . ,,+, . � . , j 4 , . , o i � 1 II I � . `' " y i ,. ( pp 0r .Y ' : t � 1 � i t lr P e, .`. ; .1/2 �; ; k f jt i r I • ' a r �^. t�"W _ k / II ` y g I . 'd }-' N,' may' . .L :� y ,,' � T 11 07.4 „4, ti � .1 , P ., 1 i• 3' ' s i Y '' � C e ; i ce' ° '.1 d to, 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 i 44 P 1 11Y. C4i ci Alaska Fire Chiefs Association � Self-Contained 'Breathing Apparatus (SC IA) i ti� ? �� r f' I , t .. i it I t i t { k + • , ` ` �� { .ye t L • .. 5.. T d ,01.1 ARfF d� � L "rx`� ("Y` j J" C.= a sL 2013 Legislative Capital Project own. <t �.s+-V2' , ` -1 N. u F q ^ ` 1 -' M o' /6�i \4. �� rte, \+h YY S ti � j r: y �OR1X fIq - r , rflie a«.,n � ��y, P w u ueq Rl ( rfe4; \ � - '4(ASK \A 3r- 4� \y 117'4'41 , / r .F Q�N ?809 I� [/d s K..`; Y7 + Y av, .i.)-t- Y',�. ice • 4 4•4111 ° �� reW I ALASKA 1 y � `S �ppN ��5�y5 ✓� ._ • '4 m AtAtt4 { •� 9 'mm,cwa PS, Fink 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 Page 1 of 5 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. Page 4 of 5 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; Page 1 of 12 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. Page 2 of 12 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. Page 3 of 12 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 Page 4 of 12 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. Page 5 of 12 P &Z Bylaws Attachments A - D D 0 0 0 0 0 O O 0 k \‘' Page 6 of 12 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 p ki) tr"/ Wolf goo-4 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 e - 1 4 v - V4r‘ \i‘v OE SM / 0*' �� �vt .' 7 - 1 AA) a6its ,ti I ,LN\ C' v /\kct.),k(---c.___ )■.& 1 M� &, L_Abl kit■L'kcv killQ- * y Az /4 _ , � _ -t a r c , C , \ d otoiL, �,/� 211.� . v u �k6 YAl +.5 63 C � V k`