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2004-12-02 Regular MeetingKodiak Island Borough December 2, 2004 - 7 p.m. Mr. Jerome Selby Borough Mayor Term. Expires 2007 Mr. Tom Abell Assemblymember Term Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2006 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember rm Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Cecil Ranney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Pat Carlson Borough Manager Ms. Judi. Nielsen, CMC Borough Clerk Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5Q;APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of November 18, 2004. 1" 6. AWARDS AND PRESENTATIONS - None. 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 - None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS Contract Nl_ 200A Crt t.. Dr... Engineering o ,id Engn S t r_locinn n I. I. VI 111 Ot,t IVV. GVVT -JJ w 11 JV wv u� w�.�11 Sevin-. .. •p•• Soil Stabilization Plan and Toe Drain Continuation at the Kodiak Island Borough Landfill. 2. Contract No. 2004 -61 Professional Services Agreement Between the Kodiak Island Borough and M.R. Stearns Planning and Design, LLC. Kodiak Island Borough Assembly Agenda December 2, 2004 Page 1 ESOLUTIONS D. OTHER ITEMS 18. ADJOURNMENT Resolution No. FY 2005 -09 Endorsing Certain Elements for a Successful Gulf of Alaska Groundfish Rationalization Plan. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2005 -09 Rezoning Lot 21, Seaview Subdivision From I- Industrial To B- Business. (P &Z Case 04 -012) 1. Vacation of a Ten (10) Foot Utility Easement Running Through Russian Hill Subdivision, Proposed Lot 4A and Russian Creek Alaska Subdivision, Proposed Lots A- 1 and A -1B. 2. Acceptance of the Kodiak Area Fire and Rescue, Bayside Fire Station and Community Training Center's Standard Operating Policy and Procedure Number 1.7. 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of September 15, 2004. 2. Kodiak Island Borough School District Board of Education Regular Meeting of Octobr 25, 2004. B. REPORTS 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. EXECUTIVE SESSION 1. Confidential Attorney - Client Communications. 2. Personnel Matters Directly Related to the Manager's Performance and Employment Contract. Copies of agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Assembly Chambers. Kodiak Island Borough Assembly Agenda December 2, 2004 Page 2 Kodiak Island Borough December 2, 2004 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Assemblymember Term Expires 2005 Mr. Mike Anderson Assemblymember Term Expires 2006 Mr. Tuck Bonney Deputy Presiding Officer Assemblymember um Expires 2005 Ms. Pat Branson Assemblymember Term Expires 2007 Mr. Cecil Harney Assemblymember Term Expires 2006 Ms. Nancy Wells Assemblymember Term Expires 2005 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Pat Carlson Borough Manager Ms. Judi. Nielsen, CMC Borough Clerk Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE DRAFT 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of November 18, 2004. 6. AWARDS AND PRESENTATIONS - None. 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 - None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS n00n 5n Provide Engineering to Design Contract IV V. 2004-59 to � tu'v iuc � �gin.,c.. ^g ... ...,st ^ a ... Soil Stabilization Plan and Toe Drain Continuation at the Kodiak Island Borough Landfill. 2. Contract No. 2004 -60 to Anderson Construction for Co the Mission Lake Tide • - • - to. KIB 262 -268 for an Am• • • o xceed $52,530.00 Kodiak Island Borough Assembly Agenda December 2, 2004 Page 1 3. Contract No. 2004 -61 Professional Services Agreement Between the Kodiak Island Borough and M.R. Stearns Planning and Design, LLC. B. RESOLUTIONS 1. Resolution No. FY 2005 -09 Endorsing Coastal Community Elements for a Successful Gulf of Alaska Groundfish Rationalization Plan. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2005 -09 Rezoning Lot 21, Seaview Subdivision From I- Industrial To B- Business. (P &Z Case 04 -012) D. OTHER ITEMS 1. Vacation of a Ten (10) Foot Utility Easement Running Through Russian Hill Subdivision, Proposed Lot 4A and Russian Creek Alaska Subdivision, Proposed Lots A- 1� ERI a-( d - T L r 14. INFORMATIO N MA ALS IN A. MINUTES OF OTHER MEETINGS ction Required) 1. Planning and Zoning Commission Regular Meeting of September 1 5, 2004. 2. Kodiak Island Borough School District Board of Education Regular Meeting of October 25, 2004. B. REPORTS 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. EXECUTIVE SESSION 1. Confidential Attorney - Client Communications. 2. Personnel Matters. 18. ADJOURNMENT Copies of agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Assembly Chambers. Kodiak Island Borough Assembly Agenda December 2, 2004 Page 2 KODIAK ISLAND BOROUGH Regular Assembly Meeting November 18, 2004 DRAFT A regular meeting of the Kodiak Island Borough Assembly was held November 18, 2004 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 Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Jerome Selby and Assemblymembers Tom Abell, Tuck Bonney, Pat Branson, Cecil Ranney, Nancy Wells, and Barbara Williams. Absent was Mike Anderson. Staff present were Manager Pat Carlson, Clerk Judi Nielsen, and Assistant Clerk Laura Casey. BONNEY moved to excuse Assemblymember Mike Anderson, seconded by WELLS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA BRANSON moved to approve the agenda, seconded by BONNEY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES Kodiak Island Borough Assembly Regular Meetings of October 21 and November 4, 2004. BRANSON moved to approve the minutes as submitted, seconded by BONNEY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS Mayor Selby presented the Kodiak Island Borough Student of the Month Award for November 2004 to Jon Panamarioff, a Senior at Ouzinkie School; and Byron Neslund, a Junior at the KIBSD Learning Center Correspondence Center. Assemblymember Bonney presented a Certified Municipal Clerk Designation to Laura Casey, Assistant Clerk in the Borough Clerk's Office. CITIZENS' COMMENTS Captain Dave Davis Salvation Army, said it was a privilege to be a Chaplain in the community. He noted a representative from the Anchorage Providence Hospital would travel to Kodiak to strenghten the Chaplains Corp. Margaret Bosworth read a letter on behalf of the North Star Elementary School PTA regarding the unsafe conditions for students traveling to and from the school by foot or bicycle. Linda Himmelbloom phoned in support of the PTA's letter. Manager Carlson reported on the STIP program that concerns Otmeloi Way. Yeshi Benyamin asked for the number of Borough employees and their annual wages. Manager Selby asked Mr. Benyamin to request the information from staff. Kodiak Island Borough November 18, 2004 Volume XXIX Page 1 Manager Carlson said most of the information was in the budget. He suggested Mr. Benyamin submit a letter stating his request. COMMITTEE REPORTS Assemblymember Wells announced that the Providence Kodiak Island Medical Care Center and Safe Harbor would meet on Monday, November 22, 2004 at 6:00 p.m. in the High School Commons to discuss the State's proposed merger. Assemblymember Ranney attended the Alaska Municipal League (AML) meetings in Fairbanks. He said one discussion focused on renewing the State Revenue Sharing. He presented a plaque from AML recognizing the Borough as a Charter Member of the Alaska Municipal League Joint Insurance Association since 1993. Manager Carlson said AML /JIA was a great investment tool for the Borough. Assemblymember Abell congratulated Assemblymember Ranney for being elected to the AML Board of Directors. In response to Manager Carlson, Assemblymember Wells said if no merger took place, Safe Harbor services would be dissolved. Mayor Selby presented Old Harbor with the Denali Commission Award for 2004. The award recognized Old Harbor's outstanding work on their bulk fuel project. He also presented an AML award to the Borough for achieving gold status and the School District for achieving silver status. PUBLIC HEARING A. Ordinance No. 2004 -10A Amending Ordinance No. 2004 -10 to Establish a Budget for the $9,300,000 General Obligation Bond 2004 Series A and the $11,050,000 General Obligation Bond Series B Issues and Related Projects Funded by These Bonds. BONNEY moved to adopt Ordinance No. 2004 -10A, seconded by BRANSON Manager Carlson said this established a budget for projects funded by the GO Bonds to allow the Engineering and Facilities Director to hire a projects manager /inspector and projects assistant to work on the bonded projects until project completion. Mayor Selby opened the public hearing. Bud Cassidy, Engineering /Facilities Director, supported the ordinance. Mayor Selby closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO ADOPT CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Ranney, Wells, Williams vv BOROUGH MANAGER'S REPORT fq / Manager Carlson appreciated the Daily Mirro report on the Department of !' 1 Energy and Natural Resources. He •• d that mnr�crab boats were bong sold 7 7 IN in Kodiak. The City's ice rink opene• last on ay. e s • n.s vailable to the Assembly with a format change to the investment page. He \Y \ . was working on Email availability for the Assembly. He said a fiber optics line from Seward w as bein considered and that had no tangible eftects on . i Kodiak's fiber op project. He wished ever a Happy Thanksgiving. ME SSAGES FROM THE BOROUGH MAYOR Mayor Selby said AML conducted a crisis survey that concluded nine out of ten communities were facing a fiscal without revenue sharing, but the Governor had released some funding. He said there would be a change to the budget regarding PERS /TERS. Kodiak Island Borough November 18, 2004 Volume XXIX Page 1 UNFINISHED BUSINESS - None NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY 2005 -08 Supporting a Project by the Alaska Department of Transportation and Public Facilities to Seek National Recognition of the Alaska Marine Highway as an A11- American Road. BRANSON moved to adopt Resolution FY 2005 -08, seconded by BONNEY Manager Carlson said this was requested from the Southwest Alaska Municipal Conference. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Ranney, Wells, Williams, Abell C. ORDINANCES FOR INTRODUCTION - None D. OTHER ITEMS 1. Confirmation of Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. BONNEY moved to confirm the Mayoral appointment of Mary Jacobs to a three year seat on the Cook Inlet R.C.A.C. to expire February 2008, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Ranney, Wells, Williams, Abell, Bonney 2. Designation of a Person to Act as Mayor During the Kodiak Island Borough Mayor's Temporary Absence or Disability. BRANSON moved to approve the Mayor's designation of Tuck Bonney to act as Mayor during the Borough Mayor's temporary absence or disability, seconded by WILLIAMS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Wells, Williams, Abell, Bonney, Branson CITIZEN COMMENTS - None ASSEMBLYMEMBER COMMENT Assemblymember Branson congratulated Laura Casey for obtaining her CMC, and appreciated having three certified municipal clerks. She wanted to meet with the Planning and Zoning Commission. She congratulated Assemblymember Ranney for being elected to the AML Board of Directors, and encouraged other assemblymembers to serve on the AML boards. She also congratulated the students of the month and Old Harbor for receiving their award. She said Representative LeDoux and Senator Stevens, being former Kodiak Mayors, had a good understanding of the communities need for revenue sharing. She wished everyone a Happy Thanksgiving. Assemblymember Ranney congratulated the students of the month and their efforts in education. He encouraged everyone to see the play Shenandoah, that he felt was a good community effort. Kodiak Island Borough November 18, 2004 Volume XXIX Page 1 Assemblymember Bonney congratulated Captain Davis for keeping children safe on their way to school, and as a Chaplain. He said Captain Davis was very important to the community. Assemblymember Wells congratulated all achievers. She said there was a lot to be thankful for in Kodiak. She extended a Happy Thanksgiving to everyone. Assemblymember Abell congratulated Laura Casey for following in the steps of her mother. He was thankful for being in Kodiak. Assemblymember Williams congratulated Laura Casey and students of the month Jon Panamarioff and Byron Neslund. She attend the Newly Elected Officials training in Fairbanks with Clerk Nielsen and said it was a very positive experience. She wished everyone and happy and safe Thanksgiving holiday. Mayor Selby announced that the Assembly would meet in a Strategic Planning Session November 19, 2004 at 1:00 p.m. at the Kodiak Fisheries Research Center Conference Room and would continue on Saturday, November 20, 2004 at 9:00 a.m. The Kodiak Island Borough Offices would be closed on November 25 and 26 in observance of Thanksgiving. The Assembly would meet in a work session on Tuesday, November 30 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, December 2 at 7:30 p.m. in the assembly chambers. Mayor Selby congratulated Laura Casey on her accomplishment. EXECUTIVE SESSION A. Matters Pertaining to Personnel Regarding the Borough Manager's Contract. BONNEY moved to convene into executive session to discuss matters pertaining to personnel regarding the Borough manager's contract which is a matter that qualifies for executive session, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Williams, Abell, Bonney, Branson, Ranney Upon returning from the executive session, Mayor Selby reconvened the regular meeting and announced that no action would be taken as a result of the executive session. ADJOURNMENT BRANSON moved to adjourn, seconded by BONNEY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Williams, Abell, Bonney, Branson, Ranney, Wells Mayor Selby adjourned the meeting at 9:10 p.m. ATTEST: Jerome Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk Approved: Kodiak Island Borough November 18, 2004 Volume XXIX Page 1 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 2, 2004 ITEM NO. 13.A.1 Contract No. 2004 -59 CONTRACT TO PROVIDE ENGINEERING SERVICES TO DESIGN A SOIL STABILIZATION PLAN AND TOE DRAIN EXTENSION AT KODIAK ISLAND BOROUGH LANDFILL We are approaching the final area in our original "landfill footprint" where trash bales can be placed. It is estimated that this area will accommodate Kodiak 's refuse for the next 3- 5 years. This last area is at grade level of the original landfill and includes what is now the "burn pile ". The issues to be addressed by this contract include the need to perform a soil stabilization evaluation of the area prior to placing bales. The area is extremely wet where the use of heavy equipment to place the one -ton bales is questionable. Also to be performed is the engineering needed to extend the toe drain (which collects landfill Leachate) system and a surface water collection system up the hill to the baler building. The toe drain system transports landfill leachate to the landfill leachate treatment pond where is aerated, filtered and released into a wetland treatment system. Three firms responded to a MB RFP requesting the best approach to perform this work. Staff reviewed and scored each of the responses and ranked CH2MHi11's as the most comprehensive response. In addition, CH2M Hill provided the original engineering design work for the lateral expansion, partial closure, leachate treatment and wastewater collection at the Kodiak Island Borough landfill so work will be consistent with the overall landfill engineering. It is expected that the soil stabilization and toe drain construction will begin this summer. Funding for this work is already in place from an ADEC - Stage 1 Landfill Construction Project — that includes the landfill 's partial closure, vertical expansion, and leachate control and wastewater collection. Fiscal Notes: Account Number: 530- 731 - 430 -140 Expenditure amount: Not to exceed $52,993 APPROVAL FOR AGENDA: Recommended motion: Move to approve the contract with CH2M Hill in an amount not to exceed $52,993. 1 1 1 1 1 1 1 1 1 specifications for a vertical expansion and final cover over the existing fill. Several cover options were evaluated to determine the most suitable final cover for the landfill. A static and seismic stability analysis was performed to determine the maximum slope under various cover configurations that would maintain long -term stability. The preferred option maximizes the capacity of the landfill while providing a final cover capable of withstanding moderate seismic events and high - precipitation storm events without damage. CH2M HILL also designed a leachate 13 collection and treatment system for the landfill (Exhibit 1). A perimeter toe -drain system collects leachate from the landfill and directs it to a central location for treatment. CH2M HILL designed a constructed wetland treatment system for processing the leachate. This system was constructed at a fraction of the cost of a conventional wastewater treatment system and requires only minimal operator attention. The treatment system operates by gravity flow and requires no power input. Additional design was required to develop base grading plans for a shot rock borrow area that will accommodate future landfill expansion. Following design and construction of the wetland treatment system, CH2M HILL maintained contact with the KIB and evaluated several operational issues related to the wetlands treatment system. Detailed recommendations were provided at no cost to the MB. Additionally, CH2M HILL evaluated and prepared designs to upgrade monitoring for landfill site conditions, landfill gas, leachate, groundwater, surface water, and water quality in adjacent wetland. CH2M HILL designed an electric fence to keep bears out of the landfill. The fence has effectively minimized problems with garbage - seeking bears. CH2M HILL is currently working with the MB to help address and resolve ADEC concerns on monitoring slope stability in the Stage 1 closure area. Thorn Member,: Kelly Merrill, Roch Player, Cory Hinds. Client Contacts: Tracy Mitchell, Borough Manager, KIB, (907) 486 -9300; David Jensen, Chief Executive Officer, Aleut Corp., (907) 561 -4300. Landfill Closure and New Site Development. City of Cordova Key elements relevant to this project include the following: ✓ Soils evaluations to support the design of the existing landfill to Rural landfill • Remote construction a Maritime climate I'rerject com pleted on time within budget OK C-1 1 1I I ,Ld4 I rtrw lei SFr er:. SHOT ROCK GEOMEMBRANE LANDFILL _ TOE DRAIN ALIGNMENT ver for OW Cordova La 6' IN TINAL COVER LINER SYSTEM APPROXIMATE EXISTING GROG ND SURFACE GEOMEMBRANE 2'x2' ANCHOR TRENCH BACKFILL W /EART1 Fl LL Exhibit 1 Cross Section of Existing Toe Drain System fill in 1996 and prepared design plans ighway in 1999, The closure design HILL t F r r FIRM QUALIFICATIONS AND EXPERIENCE CH2M HILL is particularly . qualified to be selected for this project for the following reasons: ✓" CH2M HILL has all existing soils information collected in support of the design of the Kodiak landfill. Our geotechnical experts will use this information to minimize the additional evaluation in the burn area. Our team doesn't need to start from scratch, and can therefore reduce project costs. CH2M HILL designed the existing tde drain system. We have the existing electronic drawings and specifications for that project. Because we performed the existing design and are familiar with the drawings and specifications, CH2M HILL can produce the design and construction documents for the toe drain continuation more quickly and economically than anyone else. CH2M HILL has ahead: de', eiopect a' layout for the continuation ot the toe drain into the ourn area. This layout was developed during the Stage 1 Closure Facilities design. We will use this information to quickly produce the required layout for the toe drain continuation. This will reduce project costs. We can develop the layout more efficiently than anyone else. CH2M HILL also has first -hand knowledge of the best - practices construction techniques that were developed during installation of the existing toe drain system. We provided engineering services during construction, and will use the knowledge gained to optimize the new design for most efficient and cost - effective construction. CH2M HILL`s team includes Jay Lavoie of Estimations, Inc. Nobody has more experience than Jay Lavoie at producing accurate, Alaska - specific construction cost estimates for rural Alaskan projects. The following paragraphs describe three projects similar in scope to the services requested for the Kodiak Landfill Drainage Design project: Kodiak Landfill Expansion and Partial Closure, Kodiak island Borough Key elements relevant to this project include the following: a Soils evaluations to support the design of the existing landfill • Design of the existing toe drain system a Rural landfill • Remote construction ✓ Maritime climate • Project completed on time within budget CH2M HILL prepared landfill expansion designs for the Kodiak Island Borough (MB) Municipal Landfill in 1997 and provided construction management services in 1999. The expansion plan includes designs and ANC/TP41117.dod042240049 Page 1 Existing Kodiak Landfill Toe Drain System CH2MHILL l i CL 0 �f^, V / N x W Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 2, 2004 ITEM NO. 13.A.2 Contract No. 2004 -60 Contract No. 2004 -60 to Anderson Const ction for nstruction of th Mission Lake Tide Gate — Project No. '± : 2 -26q fo an Amount N • to Exceed $52,530.00 The History of the tide gate is well known. It as constructed .fter the tidal wave by the surrounding neighborhood due to the fact that the lake was ' ow 5 feet lower (subsidence due to the earthquake) than before the event. What once as a fresh water lake became a saltwater lagoon. The tide gate and the spit of la that closed off the lake were constructed for a number of reasons. Residential acce• and floatplane use were just two. The tide gate is almost 40 years old and is in a state • disrepair. Repairs and maintenance of the tide gate over the 40 years can be attribut =• primarily to Norm Sutliff. His ability to maintain the tide gate and properly repair it ha- diminished with the years. The Borough has been providing maintenance since the e ly 1990's. The neighborhood petitioned to create a ti• - gate service area after their attempts to have the KIB take over responsibility failed. ighbors feel that the lake is beneficial to a lot of the public (ice skating, canoeing, f ing) and that the public should participate in construction of the tide gate. Efforts to construct a new tide ga have led to the acquisition of $20,000 from the Soil and Water Conservation Service or •y a grant from the federal government. The current approach by the IB on the issue is that all costs (operation and maintenance is paid for by the service - ea. Bid documents were let -nd 3 bidders responded to the bid. Anderson Construction was low bidder. The service area is meeting to review the bid. APPR AL FOR AGENDA: p� Recommended motion: Move to award Contract No. 2004 -60 to Anderson Construction for fide gate construction in an amount not to exceed $52,530.00. OWNER - GENERAL CONTRACTOR AGREEMENT Contract No. 2004 - (4) THIS AGREEMENT, made this day of November, A.D., 2004, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Anderson Construction of Kodiak Alaska, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish all labor and materials required in the Mission Lake Tide Gate Project located within Kodiak Island Borough, Alaska, according to the Contract Documents therefore and for the amount and prices named herein for the sum of Fifty Two Thousand, Five Hundred and Thirty ($52,530.00) Dollars. The Contractor further covenants and agrees that the entire construction shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Agreement, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew, to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Contractor. The Agreement entered into by the acceptance of the Contractor's Bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 1 of 6 fully a part thereof as if herein set out in full, and if not attached, as if hereto attached, including the General Specifications. 1. The Agreement 2. Change Orders 3. Addenda 4. Supplementary Conditions 5. Specifications 6. Contract Drawings 7. General Conditions 8. Standard Specifications Incorporated by Reference 9. Information for Bidders 10. Advertisement for Bids 11. Bid Form 12. Performance and Payment Bonds 13. Notice of Intent to Award 14. Notice to Proceed In the event of any conflict or inconsistency between any of the foregoing - deeumen _ - = -t or inconsistency shall bo resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. Provided, however, although the supplemental conditions incorporates standard specifications by reference, in case of conflict or inconsistency, the standard specifications have a numerical order as shown above. The Contractor further covenants and agrees that all of said materials shall be furnished and delivered and all and every of the said labor shall be done and performed, in every respect, to the satisfaction of the herein aforementioned Borough Manager, on or before March 30, 2005. Seeding must be complete by May 15, 2005. It is expressly understood and agreed that in case of the failure on the part the Contractor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said materials and the doing and performance of the said work before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Contractor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of completion in accordance with the terms thereof: said deduction to be made, or J e said sum t be recovered n_ nt as penalty, but as liquidated damages. Provided, that upon receipt of written notice from the Contractor of the existing causes over which said Contractor has no control and which must delay the completion of said work, the \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 2 of 6 Borough Manager may at his discretion, extend the period herein before specified for the completion of the said work, and in such case the Contractor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Agreement, and in all respects to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this Agreement, nor any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work to be done or materials to be furnished under this Agreement be assigned. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Anderson Construction, has hereunto set its hand and seal, the day and year first above written.. KODIAK ISLAND BOROUGH CONTRAC ff TO '' R ,,+tII / Byl By Pat Carlson Michael W. Anderson Borough Manager Title: Owner By Charles E. Cassidy Engineering /Facilities Director Attest: By Judith A. Nielsen Borough Clerk \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 3 of 6 Contract No. 2004- The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance GENERAL SPECIFICATIONS The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Workers' Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance policies will be furnished to the Owner prior to execution of the Agreement. Compensation: The Contractor shall procure and maintain during the life of the Agreement, workers' compensation insurance as required by applicable state law for all his employees to be engaged in work at the site of the project under this Agreement and, in case of subcontracted work, the Contractor shall provide workers' compensation insurance for all the subcontractors' employees engaged in such work. Contractor's Liability: a) The Contractor shall procure and maintain, during the life of the Agreement, public liability insurance and contractual liability. The minimum acceptable limits of combined single limit coverage shall be in an amount not less than one million ($1,000,000) dollars. \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 4 of 6 b) Vehicle or Automobile Liability and Property Damage Insurance: Limits coverage to be in the same amounts specified in a) above. c) Subcontractor's Public Liability and Property Damage Insurance: The Contractor shall insure in this policy the activities of his subcontractors in type and amounts as specified in a) and b) above. The Contractor shall furnish certificates issued to the contracting agency showing the type, amount, class of operations covered, effective date, and dates of expiration of policies. Such certificates shall contain substantially the following statement: "Sixty (60) days Notice of Cancellation or Change, Non Renewal, Reduction and /or Materials Change shall be sent to Director, Engineering /Facilities Department, Kodiak Island Borough." Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected and appointed officials, all employees and volunteers, all boards, commissions and /or authorities and their board members, employees and volunteers. The Additional. Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent permitted by law, Anderson Construction agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. Obligation when Performing Work Under AS 36.05 and AS 36.10: Before commencing work on site, the primary contractor must file a Notice of Work with the Department of Labor and Workforce Development. The Notice of Work form provided by the department lists the work to be performed under the public contract by each contractor who will perform any portion of the work and the contract price being paid to each contractor. The Primary Contractor shall pay a 1% filing fee for each contractor performing work on the contract. Filing fees shall include a fee of 1% of the of o rk perfnrm=A by the primary contractor's contract price �� w.,_,_ r f primary employees. The maximum filing fee for any project is $5000.00. Projects with a total contract amount payable by the contracting agency of less than $25,000 are exempt from the filing fee. \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 5 of 6 Upon completion of all work on a public construction contract, the primary contractor must file a Notice of Completion with the Department of Labor and Workforce Development. The Notice of Completion form provided by the department lists all work and the contract price paid for work that was performed on the public contract by a contractor that was not already reported on the Notice of Work form. NOTE: Owner /Operators who do not have any employees on the public project are not listed as contractors on the Notices of Work or Completion and are not included in any fee calculations. \\ dove\ Departments \EF \Projects \Mission Lake Tidegate \RFP \Agreement.doc Page 6 of 6 1 et ". Ocean side Flapper Valve a =jet ,If`e �;� :��:; Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 2, 2004 ITEM NO. 13.At Contract No. 2004 -61 Contract No. 2004 - Professional Services Agreement Between the Kodiak Island Borough and M.R. Steams Planning and Design, LLC. Attached for Assembly consideration and proposed approval is a contract proposal from M.R. Stearns Planning to conduct planning services for the Womens Bay Sub Area Plan which is under the review process before being brought to the public for review and comment. Another component of the plan is to act as a liaison with Gray and Associates and the various entities participating in the States Coastal Zone Management process. APPROVAL FOR AGENDA: T Recommended motion: Move to approve Contract No. 2004 -6'11 / Professional Services Agreement between the Kodiak Island Borough and M.R. Stea l and Design, LLC for the amount stated in the contract. KODIAK ISLAND BOROUGH PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska (Borough) and M. R. Steams Planning + Design LLC, (Contractor) for the purpose of setting forth the terms and conditions pursuant to which the Contractor shall be contracted to provide professional services as identified in Exhibit A — Scope of Work. Offer and Acceptance of Terms of Professional Services Agreement. The Borough desires to engage and contract for the services of the Contractor to perform certain tasks as set forth in Exhibit A. The Contractor desires to enter into this Agreement and perform as an independent contractor for the Borough and is willing to do so on the terms and conditions set forth below. The Contractor shall provide the necessary technical and professional services needed to fulfill and complete the tasks as defined in Exhibit A in a timely and professional manner to the satisfaction of the Kodiak Island Borough. This Agreement shall not render the Contractor an employee, partner, or agent of the Borough for any purpose. The Contractor is and shall remain an independent contractor in his relationship to the Borough. The Borough shall not be responsible for withholding taxes with respect to the Contractor's compensation hereunder. The Contractor shall have no claim against the Borough hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. 2. Scope of Work. Under the terms of this agreement, the Contractor shall perform the tasks as enumerated in the Contractor's Scope of Work, Schedule and Budget (Exhibit A). 3. Term. This Agreement shall be in effect upon agreement signing and continuing until August 15, 2005. This agreement may be extended, amended or terminated by the parties with 30 days written notice. 4. Compensation. As compensation for services rendered under this Agreement, the Contractor shall be paid a maximum amount of $29,000.00, adhering to the payment schedule as stipulated in Exhibit B, subject to satisfactory acceptance by the Borough of vi u,t_ c products described Therein. Payment shall be made CO the Contractor upon submittal of a detailed statement in accordance with the instructions in Exhibit B. Professional Services Agreement M. R. Steams Planning + Design LLC J ,a C—K^tt Page 1 of 4 5. Insurance. The Contractor shall maintain the following insurance: a. General Liability Insurance, with a combined single limit of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate with the Borough named an additional insured. b. Automobile Liability Insurance, with a combined single limit of not Less than $1,000,000 for each person and not less than $1,000,000 for each accident with the Borough named an additional insured. 6. Indemnification. Contractor hereby agrees to indemnify, protect, defend, and hold the Kodiak Island Borough (and its employees, agents, successors, and assigns) harmless from and against any and all loss, damage, and liability, including reasonable attorney's fees, arising out of or resulting from any act or omission of Contractor pursuant to this Agreement, which acts or omissions were caused by, or were themselves, the negligence of Contractor and were not within the control of Borough. 7. Certificates of Insurance. The Contractor shall furnish the Borough with certificates of insurance upon signing this Agreement. The certificates shall include a provision that such insurance shall not be canceled without at least thirty days' written notice to the Borough. 8. Termination. The Borough may terminate or suspend performance of this Agreement upon written notice to the Contractor, subject in part to the provisions of Article 3. Upon receipt of notice, the Contractor shall terminate or suspend performance of the services on a schedule acceptable to the Borough and may submit a statement for the services performed and reasonable termination or suspension expenses. The provisions of Articles 5 and 6 shall remain effective following the termination of this agreement. 9. Subcontracting. a. Contractor may not subcontract any part of this project without the expressed, written consent of the Borough. b. Subcontractor agrees to be bound by Agreement terms. 10. Assignment. a. Contractor shall not assign Agreement or money due thereunder without Borough's expressed, written consent; b. This Agreement is binding upon the parties' successors. 11. Documents. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the business of the Borough, whether prepared by the Contractor or otherwise coming into his possession, shall remain the exclusive property of the Borough. The Contractor shall not retain any copies of the foregoing without the Borough's prior written permission. Professional Services Agreement Page 2 of 4 M. R. Steams Planning + Design LLC The Contractor may use information from the work projects identified in Exhibit A to produce journal articles or as part of presentations at professional meetings or educational lectures with prior written permission from the Borough. Any journal article shall be subject to Borough review prior to publication. 12. Waiver. The Borough shall not waive its right to enforce any part of the Agreement regardless of whether enforcement begins immediately or is delayed. 13. Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested and given to the following parties: Pat S. Carlson, Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 907.486.9300 pcarlson@kib.co.kodiak.ak.us Michelle R. Stearns, AICP M. R. Stearns Planning + Design LLC P. 0. Box 1947 Vashon, WA 98070 206.567.4296 206.567.4998 Fax mrstearns@gci.net 14. Venue and Applicable Law. The appropriate venue is the Kodiak Island Borough's third (Southcentral) judicial district. The laws of the state of Alaska shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. 15. Attorney's Fees and Costs. The Borough shall reserve the right to recover reasonable attorney's fees and costs incurred in the successful prosecution or defense of any lawsuit or appeal arising under this Agreement. 16. Entire Understanding. This document and all exhibits attached constitute the entire understanding and agreement of the parties. Any and all prior agreements, nnderctandinac and renrecentatinnc are hereby terminated and canceled in their entirety and are of no further force and effect. Professional Services Agreement Page 3 of 4 M. R. Steams Planning + Design LLC Dated this day of , 2004. KODIAK ISLAND BOROUGH CONTRACTOR Patrick S. Carlson, Borough Manager Michelle R. Stearns, AICP M. R. Stearns Planning + Design LLC ATTEST: Judith Nielsen, Borough Clerk Insurance Certificates Attached: Ei Yes Professional Services Agreement Page 4 of 4 M. R. Steams Planning + Design LLC • M 7J 0 • , 7 0 N < 9 a D • O a + m O 0 CD N 7 r 0 v 0 m •x 0 5 r- N • „ N 0 9 N • a 7 5' 0 DO DO v + m O o A r 7 • O r 0 Stearns Coastal Zone Proposal data.xls I i- nal Products 2. KIB Coastal Management Plan- - FY'05 Plan Amendment Grant Management of Amendment Process, Public Review and Draft and 4. Participate in Fed. and State Agency consultations. Draft and review draft enforceable policies. rates).1 car and KIB per diem airfare, 2 nites hotel, (Travel includ staff for public input. IP and Z, Glenn Gray, DNR -OPMP I 13. Coord. Special work session with organization. subject uses, implementation and Review revised issues, coals and ob'ectives. Identi new mat area designations and boundar . Review 'roper and impro•er uses, )resource information and analysis. 12. Review draft updated 1. Manage amendment g rocess and ensure terms of 'rant agreement are being met. I Tasks 28- Feb -05 112- Jan -051 112- Jan -051 c. r10 10- Jan -05 c Schedule $1,750.00 $ 1, 0 00.00 1 $2,500.00 1 1 $1,OOO.00I $500.00 $5 00.00 $500.00 $500.00 1 $500.00 $1,000.00 — Budget Amendment. Teleconference(s) with agency reps. Finalize resource info., enf. policies and agency review comments for incorporation into Draft Plan Y incorporation into Draft Plan review. Summarize public comments 1 (Attend and facilitate work session for I (public and P and Z review. !Prepare draft materials for land organization. !subject uses, implementation (Prelim. Draft proper and improper uses, A (mapping by KIB. Prelim. Draft boundary designations for , Prelim. Draft updated issues, goals, obj. chapter. Prelim. Draft map area designations for mapping by KIB. land analysis chapter. 1 Prelim. Draft updated resource inventory Manage grant. Prepare remaining quarterly reports on 1/15/05; 4/15/05; 8/15/05. 1 .... Deliverables -I v 0 m •x 0 5 r- N • „ N 0 9 N • a 7 5' 0 DO DO v + m O o A r 7 • O r 0 Stearns Coastal Zone Proposal data.xls • K a r N w • n 3 a N < 9 H d C 5 0 co O ua a + O 0 m (0 • O r r 0 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 2, 2004 ITEM NO. I3 Resolution No. FY 2005 -09 RESOLUTION NO. FY 2005 -09 ENDORSING CERTAIN ELEMENTS FOR A SUCCESSFUL GULF OF ALASKA GROUNDFISH RATIONALIZATION PLAN, This resolution was drafted by Mayor Selby. Title was corrected at the November 30th work session. APPROVAL FOR AGENDA. Recommended motion: Move to adopt Resolution No. FY 2005 -09 CORRECTED VERSION KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2005 -09 A RESOLUTION OF THE KODIAK ISLAND ASSEMBLY ENDORSING CERTAIN ELEMENTS FOR A SUCCESSFUL GULF OF ALASKA GROUNDFISH RATIONALIZATION PLAN Introduced by: KIB Assembly Requested by: KIB Assembly Drafted by: Mayor Selby Introduced: 12/02/2004 Adopted: WHEREAS, the fishing industry of the Gulf of Alaska groundfish fisheries has requested that the North Pacific Fisheries Management Council develop a rationalization plan for the Gulf of Alaska; and WHEREAS, rationalization could allow fishers to meet conservation concerns, improve safety at sea, and allow the industry to become more economically efficient and more competitive in world fishery markets by extracting the most amount of value for every fish caught; and WHEREAS, Kodiak Island is at the center of the Gulf of Alaska groundfish fisheries, with the largest share of groundfish landings, with a diverse fishing community that includes vessel owners, skippers, crew members, processor workers and processors; and WHEREAS, the Kodiak Island Borough is dependent on groundfish through investments in shore based processing facilities, support infrastructure, and catcher vessels as well as the economic base of the value of the fish; and WHEREAS, the seafood industry is the largest sector of the Kodiak economy, accounting for over 2,800 12 -month jobs, and contributing nearly 70 percent of Kodiak 's basic economy; and WHEREAS, Kodiak Island is the largest employer of processing workers in the State of Alaska who are residents of the community and who make up a large portion of the social and cultural fabric of Kodiak; and WHEREAS, any reduction in the volume of product coming to the Island processors will have a dramatic long term effect on the local economy as a whole and processor workers in particular; and WHEREAS, long term stability and sustainability of Kodiak Island Coastal Communities — could potentially be impacted by Gulf Rationalization; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the North Pacific Fisheries Management Council should adopt a rationalization plan that provides long term stability and sustainability to the Kodiak Island communities by: Section i; Ptuieutiiiy Kodiak Isiailu'b putt iailuiilys and oil shor prucnbsiiiy rt.rugh Regionalization of historical catch landings. This should include phasing out of the off shore processing sector. Section 2: Maintaining an independent harvester fleet while allowing for meaningful reduction of excess capacity and instituting reasonable quota share ownership caps to control excessive consolidation. Kodiak Island Borough Alaska Resolution No. I-Y 2005 - Page 1 of 2 Section 3: Developing a Community Fishery Quota (CFQ) and Community Purchase Program (CPP) for stability and sustainability of Kodiak Island communities. Any quotas allocated to coastal fishing communities must be fished by regional residents and processed by shore based processors in the region. Section 4: Establishing an entry level fishery opportunities. AND NOW, BE IT FURTHER RESOLVED BY THAT the Governor of Alaska is requested to transmit the Kodiak Island Borough's request for the above items to be included in the North Pacific Fisheries Management Council's Gulf of Alaska Groundfish Rationalization Plan. ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS DAY OF , 2004 ATTEST: Jerome Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Alaska Resolution No. I-Y 2005 -09 Page 2 of 2 Regular Meeting of December 2, 2004 RESOLUTION NO. FY 2005 -09 ENDORSING COASTAL COMMUNITY ELEMENTS FOR A SUCCESSFUL GULF OF ALASKA GROUNDFISH RATIONALIZATION This resolution was drafted by Mayor Selby. Kodiak Island Borough AGENDA STATEMENT APPROVAL FOR AGENDA: i ask CtLxqb c'/— Recommended motion: Move to adopt Resolution No. FY 2005 - 09. ITEM NO. 13.8.1 Resolution No. FY 2005 -09 KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2005 -09 Introduced by Requested by: Drafted by: Introduced: Adopted: • A RESOLUTION OF THE KODIAK ISLAND ASSEMBLY ENDORSING COASJALCOMMUNHT ELEMENTS FOR A SUCCESSFUL F OF ALASKA GROUNDFISH RATIONALIZATION PLAN KIB Assembly KIB Assembly Mayor Selby 12/02/2004 WHEREAS, the fishing industry of the Gulf of Alaska groundfish fisheries has requested that the North Pacific Fisheries Management Council develop a rationalization plan for the Gulf of Alaska; and WHEREAS, rationalization could allow fishers to meet conservation concerns, improve safety at sea, and allow the industry to become more economically efficient and more competitive in world fishery markets by extracting the most amount of value for every fish caught; and WHEREAS, Kodiak Island is at the center of the Gulf of Alaska groundfish fisheries, with the largest share of groundfish landings, with a diverse fishing community that includes vessel owners, skippers, crew members, processor workers and processors; and WHEREAS, the Kodiak Island Borough is dependent on groundfish through investments in shore based processing facilities, support infrastructure, and catcher vessels as well as the economic base of the value of the fish; and WHEREAS, the seafood industry is the largest sector of the Kodiak economy, accounting for over 2,800 12 -month jobs, and contributing nearly 70 percent of Kodiak 's basic economy; and WHEREAS, Kodiak Island is the largest employer of processing workers in the State of Alaska who are residents of the community and who make up a large portion of the social and cultural fabric of Kodiak; and WHEREAS, any reduction in the volume of product coming to the Island processors will have a dramatic long term effect on the local economy as a whole and processor workers in particular; and WHEREAS, long term stability and sustainability of Kodiak Island Coastal Communities could potentially be impacted by Gulf Rationalization; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the North Pacific Fisheries Management Council should adopt a rationalization plan that provides long term stability and sustainability to the Kodiak Island communities by: Section 1: Protecting Kodiak Island's port landings and on shore processing through Regionalization of historical catch landings. This should flclude phasing out of the off shore processing sector. ''S 104(, Kodiak Island Borough Alaska Resolution No. hY 2005 -09 Page 1 of 2 Section 2: Maintaining an independent harvester fleet while allowing for meaningful reduction of excess capacity and instituting reasonable quota share ownership caps to control excessive consolidation. Section 3: Developing a Community Fishery Quota (CFQ) and Community Purchase Program (CPP) for stability and sustainability of Kodiak Island communities. Any quotas allocated to coastal fishing communities must be fished by regional residents and processed by shore based processors in the region. Section 4: Establishing an entry level fishery opportunities. AND NOW, BE IT FURTHER RESOLVED BY THAT the Governor of Alaska is requested to transmit the Kodiak Island Borough's request for the above items to be included in the North Pacific Fisheries Management Council's Gulf of Alaska Groundfish Rationalization Plan. ADOPTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THIS DAY OF , 2004 ATTEST: Jerome Selby, Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Alaska Resolution No. I-Y 2005-09 Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 2, 2004 Rezoning Lot 21, Seaview Subdivision From I - Industrial To B- Business. (P &z Case 04 -012) Ordinance No FY 2005 -09 Following this agenda statement is the memorandum from Associate Planner Duane Dvorak to Borough Manager Pat Carlson. Recommended motion: Move to advance Ordinance No. FY 2005 -09 to first reading to advance to public hearing on December 16, 2004 regular meeting. ITEM NO. 13.C.1 Memorandum Date: November 24, 2004 To: ie)::c' Patrick S. Carlson, Borough Manager From: Duane Dvorak, Associate Planner Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us p ECHIVE I NOV 2 4 2004 KIB MANAGER RE: Transmittal ofRezone Case 04 -012, information for the December 2, 2004 regular Assembly agenda. (LASH) The attached meeting materials and recommendation of the Kodiak Island Borough Planning and Zoning Commission (P &Z) are hereby transmitted for consideration by the Kodiak Island Borough Assembly, as provided for in KIBC 17.72.055. The P &Z Commission recommends approval of this rezone request. The rezone was considered by the Commission to be minor, in that the B- Business zone is closely related to the I- Industrial zone and that the 6 acre parcel proposed for rezone has adequate physical separation from other adjoining lots in the I- Industrial zone. The Commission perceived no major policy implications related to this request, and found the request to be generally consistent with the objective so the 1968 Kodiak Island Borough Comprehensive, as amended. The Commission considered the fact that very little of the 6 -acre lot area exists outside of the Rezanof Drive West road right -of -way. The petitioner has indicated that they would like to do a tideland fill along the shoreline to create additional uplands for development, however this proposal is not a relevant part of the rezone review and it would rely on subsequent actions that are not zoning dependent. The petitioner also has a reduced scope development concept if the tideland development turns out to be non - feasible. Enc. Agenda Statement; Draft Ordinance; Staff Memorandum (Packet) dated November 10, 2004; Draft meeting minutes. WHEREAS, the petitioner for this rezone has indicated a desire to develop waterfront multifamily residential along the shoreline of Womens Bay at Shannon Point; and WHEREAS, the petitioner owns a 6 -acre parcel of land that provides for substantial physical separation from surrounding I- Industrial zoned lots; and WHEREAS, the P & Z Commission held a public hearing on November 17, 2004 for this case; and WHEREAS, the Commission finds the rezone request to be generally consistent with the 1968 Kodiak Island Borough Comprehensive Plan, as amended; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone Lot 21, Seaview Subdivision from I- Industrial to B- Business; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: Section 3: Introduced by: Manager Cadson Requested by: Planning and Zoning Commission Drafted by: Community Development Department Introduced: 12/02/2004 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2005 -09 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING LOT 21, SEAVIEW SUBDIVISION FROM I- INDUSTRIAL TO B- BUSINESS. (P &Z CASE 04 -012) Lot 21, Seaview Subdivision is hereby rezoned from I- Industrial to B- Business. The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The property is unusually constrained by shape and location between Womens Bay and Rezanof Drive West. The property has been zoned I- Industrial for 22 years and the petitioner indicates there are no industrial uses that have provided sufficient economic return to stimulate the development of this parcel. Kodiak Island Borough, Alaska Ordinance No. FY2005 -09 Page 1 oft 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. B- Business uses are a sub -set of the I- Industrial zone permitted uses and so are very similar with the exception of multi - family residential use. Because of the overlap of permitted uses between the I- Industrial zone and the B- Business zoning district, this rezone may be considered generally consistent with the overall designation for Industrial use. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2004 ATTEST: Jerome Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island &,rough, Alaska Ordinance No. FY2005-09 Page 2 of 2 Barry Still Lash Corporation 7205 W. Rezanof Dr. Kodiak, AK 99615 Dear Mr. Still: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us Section 17.72.055 (Submission to assembly) of the Borough Code states: November 19, 2004 Re: Case 04 -012. Request for a rezone, in accordance with KIB Code Section 17.72.030 (Manner of initiation), of Lot 21, Seaview Subdivision, changing the zoning from I- Industrial to B- Business. The Kodiak Island Borough Planning and Zoning Commission at their meeting on November 19, 2004 moved to forward the request cited above, recommending approval, to the Borough Assembly. This item will likely appear for first reading at the Assembly's December 2, 2004 regular meeting and if approved, will likely appear for second reading and a public hearing at the Assembly's December 16, 2004 regular meeting. Please confirm these dates with the Borough Clerk, Judi Nielsen at 486 -9310, no sooner than five (5) working days from the date of this letter. 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 recon>lnends 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: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The property is unusually constrained by shape and location between Womens Bay and Rezanof Drive West. The property has been zoned I- Industrial for 22 years and the petitioner indicates there are no industrial uses that have provided sufficient economic return to stimulate the development of this parcel. 17.72.020 B. Findings as to the Effect Change or Amendment would have on the Objectives of Comprehensive Plan. B- Business uses are a sub -set of the I- Industrial zone permitted uses and so are very similar with the exception of multi- family residential use. Because of the overlap of permitted uses between the I- Industrial zdne and the B- Business zoning district, this rezone may be considered generally consistent with the overall designation for Industrial use. Should the Kodiak Island Borough Assembly approve this rezone, 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. Since ane Dvorak, Acting o'rector Community Development Department SUPPLEMENTAL MEMORANDUM DATE: November 17, 2004 TO: Planning and Zoning Commission FROM: Duane Dvorak, Associate Planner SUBJECT: Information for the November 17, 2004 Regular Meeting CASE: 04 -012 APPLICANT: Lash Corporation AGENT: Barry N. Still REQUEST: A rezone, in accordance with KM Code Section 17.72.030 (Manner of initiation), of Lot 21, Seaview Subdivision, changing the zoning from I- Industrial to B- Business. LOCATION: 8335 W. Rezanof Drive ZONING: I- Industrial The petitioner for rezone submitted several documents just prior to last week's packet review worksession. Staff comment on these documents could not be incorporated into the written staff report dated November 10, 2004. The development proposal has resulted in a need to correct several points in the staff report that were misrepresented by staff. Staff has not modified its recommendation based upon this new information, however the analysis previously presented does need to be updated to reflect the petitioner's proposal. This supplemental report is intended to supplement and complement the original staff analysis, which is still applicable except for the items specifically updated in this supplemental report. Because the previous report has been published and there is no way to call back the copies that have been distributed, this report does not supercede or replace the prior report, but merely adds to it based on new information submitted by the petitioner. Case 04- 012 /Supplemental Staff Report Public Hearing Item VI -C Page 1 of 6 P & Z: November 17, 2004 Consistent: 4. Facility Design Public Hearing Item VI -C Yes. No dredging or filling is proposed as part of this rezone which would only change the applicable zoning district designation of Lot 21, which already allows all of the commercial uses permitted in the B- Business zoning district except for residential uses. Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: 5. Buffer Zones N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: 6. Accessory Development Yes. This lot is located in a long established subdivision. The shape and size of Lot 21 will provide substantial separation distances between the proposed development and adjacent, non - business properties. Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N /A. No accessory development is proposed along the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Case 04- 012 /Supplemental Staff Report Page 3 of 6 P & Z: November 17, 2004 ZONING/USE: LAND SUITABILITY: Case 04- 012 /Supplemental Staff Report Public Hearing Item VI -C Consistent: Yes. The rezone being considered in this review does not, in and of itself, pertain to any proposed filling or draining of tidelands. The tidelands disturbance proposed by the petitioner's could be related to any permitted use of Lot 21 under the current I- Industrial zoning. At the time additional land is added to the Lot 21 and a fill and grading permit is requested, additional agency review will be required to ensure that ACMP Standards in 6 AAC 80 are adhered to. The rezone area is a long linear lot following the centerline of Rezanof Drive West except for the area designated at Shannon Point. The total lot area is 5.87 acres; however, the usable net acreage outside df the DOT/PF right -of -way shown on Plat 94 -26 is much less. The petitioners propose to fill along the shoreline, outside the boundaries of existing Lot 21 in order to increase the development potential of the property. The petitioner's have provided a letter indicating the United States Coast Guard has relinquished a 150 foot wide easement across Lot 21. This should be recorded in order to eliminate the recorded easement that is referenced on the plat of record for Lot 21.. Based upon the new information submitted. by the petitioner's, the land proposed for development would be generally level with the Rezanof Drive West right -of -way. This includes a substantial fill area that would be added to Lot 21 prior to development. The KIB Coastal Management Program indicates that land within 30 foot elevation of Mean High Water is considered to be at risk of tsunami or storm surge events. These hazards can be mitigated by proper engineering and architectural design and by putting non - residential floor area on the lower level(s) until the 30 foot elevation is achieved. This could include commercial space or garage and storage space under a multi -story condominium or apartment structure. At the present time the Kodiak Island Borough is not a participant in the National Flood Insurance Program so there is no availability of insurance for this type of development and there is no mapping to establish a flood hazard base elevation. The base flood elevation is usually based on storm surge as opposed to tsunami because a tsunami is statistically harder to predict. Therefore, the guidance contained in the KIB Coastal Management Program remains the best guidance to be found in an adopted borough document. As an .. a.. indus Uam ,.«.:..t area, s it e served te ie . :,e11 sved by electrical utilities and transportation routes As an inn a u uw (Rezanof Drive West). The new residential area to the west is predicated upon on -site well and septic systems. This site is proposed to be served by water service extended from the nearby U.S. Coast Guard installation. Septic system support would need to be engineered. The density indicated by the petitioners would be three large buildings with 6 to 8 dwellings in each building. This would amount to a maximum of 18 to 24 dwellings if the petitioner is able to develop the property as proposed currently. Page 4 of 6 P & Z: November 17. 2004 COASTAL MANAGEMENT APPLICABLE POLICIES Commercial/Industrial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: 3. Dredge and Excavation Material Public Hearing Item VI -C Yes. The petitioner proposes to do substantial fill along the shoreline. This will require a review by the U.S. Army Corps of Engineers, and other agencies, which will ensure that the disturbance to the shoreline will be minimized. The petitioner indicates that the fill will be restricted to the "0" tide line which will avoid the disturbance of higher value habitat along the shoreline. Yes. This rezone action will not reduce access along the shoreline. Access issues of this sort are usually addressed as part of a subdivision process where lot boundaries are being added or modified. The proposed fill activity may not take place until the petitioner is granted ownership or control of the tidelands as indicated, at which time this policy will be considered as part of the required agency review. It appears that the proposed fill will reduce access along the shoreline in front of the proposed development area to minus tide conditions. It will need to be determined whether there is a suitable altemative that is both feasible and prudent. Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Case 04- 012 /Supplemental Staff Report Page 2 of 6 P & Z: November 17, 2004 Because the lot is separated from the I- Industrial zoned uplands (above Rezanof Drive West) staff believes that there would be adequate separation and buffer distance. Nevertheless there could occasionally be industrial activities that would conflict with the residential use. As an isolated residential/commercial enclave this area would most likely not appeal to people wishing for a quiet and rustic location. RECENT DEVELOPMENT TREND IN THE AREA: The applicant has been operating a maijine terminal and related industrial uses in the area for many years. More recently, a second phase of subdivision was proposed but not completed to the west of this site along the shoreline and including the adjoining uplands above Rezanof Drive West. Lot 29A, USS 2539 was rezoned from C- Conservation to RR1 -Rural Residential One prior to the preliminary plat approval of this second phase development. That area was located outside of the Industrial designated area delineated in KIB Ordinance No. 81 -8 -0. The petitioner has indicated that Lot 21 has not been economically able to sustain industrial developments for which it is zoned and that the B- Business zone might provide for more complementary uses in the area, including multi- family residential. A conceptual site plan /master plan was submitted by the petitioners prior to the Commission's packet review worksession on November 10, 2004. TRAFFIC IMPACTS: Case 04- 012 /Supplemental Staff Report RECOMMENDATION Public Hearing Item VI -C Lot 21 is located along the centerline of Rezanof Drive West and a substantial portion of the lot is included in the established right -of -way for this arterial road. The DOT /PF easement for Rezanof Drive West appears on the plat of record to extend 100 either side of the centerline, which is the same line that defines the northern property boundary. Rezanof Drive West is a designated arterial and staff does not believe that the potential traffic generation from business or multi- family residential development would be greater or less than for other permitted I- Industrial uses. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved. Page 5 of 6 P & Z: November 17, 2004 FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. Case 04- 012 /Supplemental Staff Report APPROPRIATE MOTION Public Hearing Item VI -C Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 21, Seaview Subdivison from I- Industrial 12 B- Business, and to adopt the "Findings of Fact" in the staff report dated November 10, 2004, in support of this recommendation. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly. The property is unusually constrained by shape and location between Womens Bay and Rezanof Drive West. The property has been zoned I- Industrial for 22 years and the petitioner indicates there are no industrial uses that have provided sufficient economic return to stimulate the development of this parcel. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. B- Business uses are a sub -set of the I- Industrial zone permitted uses and so are very similar with the exception of multi - family residential use. Because of the overlap of permitted uses between the I- Industrial zone and the B- Business zoning district, this rezone may be considered generally consistent with the overall designation for Industrial use. Page 6 of 6 P & Z: November 17, 2004 DATE: November 10, 2004 TO: Planning and Zoning Commission THROUGH: Michelle R. Stearns, AICP, Director FROM: Duane Dvorak, A sociate Planner SUBJECT: Information for the November 17, 2004 Regular Meeting CASE: 04-012 APPLICANT: Lash Corporation AGENT: Barry N. Still REQUEST: A rezone, in accordance with KIB Code Section 17.72.030 (Manner of initiation), of Lot 21, Seaview Subdivision, changing the zoning from I- Industlial to B- Business. LOCATION: 8335 W. Rezanof Drive ZONING: I- Industrial MEMORANDUM Four (4) public hearing notices were mailed on November 2, 2004. Public Hearing Item VI -C Date of site visit: No Site Visit Made 1. Zoning History: The 1968 Comprehensive Plan did not address this area. This area was incorporated into the Kodiak Island Borough Land Use Plan by Kodiak Island Borough Ordinance No. 81 -8 -0. Rezoned from C- Conservation to I- Industrial by Kodiak Island Borough Ordinance No. 81 -9 -0. 2. Lot Size: Lot 21, Seaview Sub. 5.87 acres 3. Existing Land Use: 4. Surrounding Land Use and Zoning: North: Lots 1 through 14, Seaview Subdivision Use: Mixed Use Business/Industrial/Vacant Zoning: I- Industrial South: Womens Bay Case 04- 012/Staff Report Vacant Page 1 of 7 P & Z: November 17, 2004 East: West: Use: Zoning: 5. Comprehensive Plan: 6. Applicable Regulations: 17.72.030 Manner of initiation Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the 'community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. Use: Tidelands Zoning: Not applicable Lot 22, Seaview Subdivision Use: Marine Terminal and Related Uses Zoning: I- Industrial Portion of Lot 29A, USS 2539 Vacant 1 -Rural Residential One Public Hearing Item VI -C Th4 ,1968 Comprehensive Plan (as amended by KIB Ord. Not 81 -8 -0) designates this area for industrial use. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 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. u if tha. planning rnmmicainn rernmmends denial of any pronnsed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Case 04- 012 /Staff Report Page 2 of 7 P & Z: November 17, 2004 COASTAL MANAGEMENT APPLICABLE POLICIES Commercial/Industrial Development 1. Natural Features Consistent: 2. Natural Setting, Views and Access 3. Dredge and Excavation Material 4. Facility Design Consistent: Case 04- 012 /Staff Report Public Hearing Item VI -C Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. This action will result in no change in public access to the shoreline nor adversely impact scenic views. Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation pattems, coastal processes and navigation. N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Page 3 of 7 P & Z: November 17, 2004 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non- business properties in order to minimize conflicts between land uses. Consistent: N/4 This lot is located in a long established subdivision. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland altemative. This category includes parking, w.rehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N /A. No accessory development is proposed along the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 Consistent: N /A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. COMMENTS CONFORMANCE WITH THE COMPREHENSIVE PLAN: The amended Kodiak Island Borough Comprehensive Land Use Plan designates this area for Industrial Use. While the request does not appear to be consistent with this designation, the uses permitted in the B- Business zone, except for residential, are the first uses listed as permitted uses in the I- Industrial zone. The petitioner has indicated that the planned multi - family residential use will be a complement to the surrounding area, which does have some residential tuning an the west end of the lot. ZONING/USE: Case 04- 012 /Staff Report Public Hearing item V1 -C The rezone area is a long linear lot following the centerline of Rezanof Drive West except for the area designated at Shannon Point. The total lot area is 5.87 acres; however, the usable net Page 4 of 7 P & Z: November 17. 2004 acreage outside of the DOT/PF right -of -way shown on Plat 94 -26 is much less. In addition, there is a 150 foot wide easement to the United States Coast Guard indicated on the plat to be recorded at Book 108, Page 667, Kodiak Recording District. LAND SUITABILITY: Public Hearing Item VI -C Land suitability outside of designated easements and available for development appears to be level. The KIB Coastal Management Program indicates that land within 30 foot elevation of Mean High Water is considered to be at risk of tsunami or storm surge events. These hazards can be mitigated by proper engineering and architectural design and by putting non - residential floor area on the lower level(s) until the 30 foot elevation is achieved. This could include commercial space or garage and storage space under a multi-story condominium or apartment structure. At the present time the Kodiak Island Borough is not a participant in the National Flood Insurance Program so there is no availability of insurance for this type of development and there is no mapping to establish a flood hazard base elevation which is usually based on storm surge as opposed to tsunami which are statistically harder to predict. Therefore the guidance contained in the KIB Coastal Management Program remains the best guidance to be found in an adopted borough document. As an industrial area, this site is well served by electrical utilities and transportation routes (Rezanof Drive West). The new residential area to the west is predicated upon on -site well and septic systems. This site is proposed to be served by water service extended from the nearby U.S. Coast Guard installtion. Septic system support would have to be engineered. The density of development has been indicated verbally to be three dwellings in a condominium style development. Because the lot is separated from the I- Industrial zoned uplands (above Rezanof Drive West) staff believes that there would be adequate separation and buffer distance. Nevertheless there could occasionally be industrial activities that would conflict with the residential use. As an isolated residential/commercial enclave this area would most likely not appeal to people wishing for a quiet and rustic location. RECENT DEVELOPMENT TRENDS IN THE AREA: The applicant has been operating a marine terminal and related industrial uses in the area for many years. More recently, a second phase of subdivision was proposed but not completed to the west of this site along the shoreline and including the adjoining uplands above Rezanof Drive West. Lot 29A, USS 2539 was rezoned from C- Conservation to RR1 -Rural Residential One prior to the preliminary plat approval of this second phase development. That area was located outside of the Industrial designated area delineated in KIB Ordinance No. 81 -8 -0. The petitioner has indicated that this property has not been able to sustain industrial developments for which it is zoned and that the B- Business zone might provide for more complementary uses in the area, including multi - family residential. A site plan/master plan was Case 04- 012 /Staff Report Page 5 of 7 P & Z: November 17, 2004 TRAFFIC IMPACTS: FINDINGS OF FACT APPROPRIATE MOTION Case 04- 012 /Staff Report RECOMMENDATION 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. Public Hearing Item VI -C indicated in the application form to be forthcoming but staff has not seen any new submittals since this case was accepted for review. The property is located along Rezanof Drive West. In fact, this parcel is located within a designated DOT/PF easement that extends 100 either side of the centerline, which is the same line that defines the northem property b undary. Rezanof Drive West is a designated arterial and staff does not believe that the potenhial traffic generation from business or multi - family residential development would be greater or less than for other permitted I- Industrial uses. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved. Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 21, Seaview Subdivison from I- Industrial to B- Business, and to adopt the "Findings of Fact" in the staff report dated November 10, 2004, in support of this recommendation. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: The property is unusually constrained by shape and location between Womens Bay and Rezanof Drive West. The property has been zoned I- Industrial for 22 years and the petitioner indicates there are no industrial uses that have provided sufficient economic return to stimulate the development of this parcel. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. B- Business uses are a sub -set of the I- Industrial zone permitted uses and so are very similar with the one exception of multi - family residential use. Because of the overlap of permitted uses Page 6 of 7 P & Z: November 17, 2004 Public Hearing Item VI -C between the I- Industrial zone and the B- Business zoning district, this rezone may be considered generally consistent with the overall designation for Industrial use. Case 04- 012 /Staff Report Page 7 of 7 P & Z: November 17, 2004 U.S. Department of Transportation United States Coast Guard Koniag, Inc. Anglo Energy Building 4300 B Street, Suite 407 Anchorage, AK 99503 -5926 Dear Sir or Madam: JAN 13 1997 The Coast Guard hereby relinquishes its ownership of an easement for b 1 ° nding and acc to and from the herge Iandint recorded in Kodiak Recording District Book 108 page 667 for the property known as Shannon Point on Kodiak Island, AK. Please record this letter with the Kodiak Recording District Office and send us a copy of the recorded page once it has been stamped. If we can be of any assistance, please contact Ms. Ann Grasso at (510) 437 -5904. Sincerely, B. J. Good Captain, U.S. Coast Guard Chief, Civil Engineering Division By direction of the Commander Encl: Easement documentation with drawings Copy: CGD SEVENTEENTR(dpl) CG CEU Juneau Commander Bldg. 54 -D; Coast Guard Island Maintenance & Logistics Alameda, CA 94501 -5100 Command Pacific Staff Symbol: (s ) Phone: (510) 437 - 35 08 11011 JAN 2 1997 Aftei rac:d:t k J4c i,ce 6 s ste e:7 fl.i c h c• %•a 5r AK 9sc3 1EW. SLJB OtArN'..0-u �}J / ? s trf N 58'33'48`W Rat.) rte. 3 dr4k165 r 'r Dasa 46441 c..444-c- AMENDED TRACT 4 AO ✓AGENT 7th LOT 21, SEAV /EW SUSO1Y /S /ON, U.S.SURVEY 2559 SLALE : /`• /oo' MTh: 10/ 7/04 �EMENT s T GCJA %OB--, P6. ,will y , T v If I_/ h A 9 CO -z - - - M N cal N ° ° LOT O 7 a 1 2.26 ACRES ■ C-7 510 06 ' ?0 F 3 Y.'.0 LOT 6 2.25 ACRES O to N .- � Ff 300.30 9J4 ■ EASEMENT \TO U.S. COAST \ GUARD, BOOK 108, P. 667 LOT 5.62 ACRES t • ACCESS AND UTILITY EASEMENT CREATED, \ THIS SURVEY LOT v. SEE DETAIL "B" r p P 9 ° 9` L40 ACRES ix. 'ea O (Auk D \t po - is -• n 51. w U4 6i° 41‘... 30030 C -6 CI m 300 30 0 O (T O S. 44° 18' 00" E. o LOT O 5 ACREE S. 44° IS 00. E. , e. ? C ) J) � S te_ _3 CP 3 S 3 F N /V 01A ENS BA KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www,kih.co.kodiak.ak.us Applicant Information 1-4:151-1 COZWeATIOSA Property owner's name 7zoj k) 1 i#+ F Pa- Property owner's mailing address City Home phone Work Phone 496-¢357 977 21 0) Agents name (If applicable) BAIL Agent's mailing address City State Horne phone Work Phone State Zip E -mail Addr. Zip E -mail Addr. Property Information Property ID Number /s Ir 94--zg U55 12 15c6 (,s,Mw.re S Pr) Legal Description Current Zoning: /AJD1'57a4L Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: 4Z4 44L- i4s..1 T,2•04 ST+� t Proposed Use of Property: ren-07 AL C47nJD 05 besPa.trR44L 69pMc$Ja4L- 4 4K oat( ce r1 - v,cfa_ ZNE Nee> p 7r1E de /6 A ,STALO Mal t w47 c i TAs') 4£76.44 et. roar/ Lvrni, 'o (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History As -built Survey _ Photographs ✓ Maps artit roperty e e s Sig re a te ' Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces, walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ®1993 by Rutgers University) The application fee for items covered by this form is $250.00, ex t m otick noted. 61 STAFF USE ONLY Code Section(s) Involved: Variance (KIBC 17.66.020) Conditional Use Permit (KIBC 17.67.020.B) Other (appearance requests, site plan review, etc.) $75.00 2( Zoning change from t to 1) (KIBC 17.72.030 and 030.C) Staffsignature , PPILe Application received by: 84 • 4 fPAYSI@Ni e tERIFICATION PAID 850.68 * ** Paid in Full *** Kaiak Island 0oroug Kodiak AK 9 %15 1967) 486 -9324 auk- ot I. CALL TO ORDER II. ROLL CALL P & Z Minutes: November 17, 2004 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING NOVEMBER 17, 2004 MINUTES The regular meeting of the Planning and Zoning. Commission was called to order at 7:30p.m. by CHAIR FRIEND on November 17, 2004 in the Borough Assembly Chambers. Commissioners Present Jerrol Friend — Chair Cheryl Boehland Casey Janz David King Dennis McMurry Reed Oswalt IV. MINUTES OF PREVIOUS MEETING Others Present Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. A quorum was established. Commissioners not present Gary Carver COMMISSIONER OSWALT MOVED TO EXCUSE Commissioner Carver. COMMISSIONER MCMURRY SECONDED the motion. The motion CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMISSIONER BOEHLAND MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. COMMISSIONER BOEHLAND MOVED TO APPROVE the minutes of the September 21, 2004 Planning and Zoning Commission special meeting as submitted. Page 1 of 8 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site - specific standards such as setbacks. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this case, the actions the applicant have caused the special conditions for which relief is now being sought by variance. The 13.5 by 16 foot addition was constructed without benefit of zoning compliance or building permits which would have brought the 25 foot front yard setback to the attention of the applicant before the addition was constructed, thereby eliminating any perception of self - created hardship. The intent of the KIB variance standards, and the applicable Alaska Statutes upon which they are based, is to require the adjudication of variance requests before the property owner undertakes construction activity and significant investments. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will not permit a prohibited land use in the RRl- Rural Residential One zoning district. The motion was SECONDED by COMMISSIONER MCMURRY. Regular session closed. Public hearing opened: Dennis Cox, applicant: Spoke in support of his request. Hearing and seeing none. Public hearing closed. Regular session opened: DR 0 The question was called, and the motion CARRIED, four yeas to two nays by roll call vote. Commissioners Boehland and Friend were the nays. C) Case 04 - 012. Request for a rezone, in accordance with KIB Code Section 17.72.030 (Manner of initiation), of Lot 21, Seaview Subdivision, changing the zoning from I- Industrial to B- Business. P & Z Minutes: November 17, 2004 Page 5 of 8 VIII. OLD BUSINESS STAFF indicated four (4) public hearing notices were distributed for this case with none (0) being retumed. Staff recommended approval of this request. COMMISSIONER OSWALT MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 21, Seaview Subdivison from I- Industrial j B- Business, and to adopt the "Findings of Fact" in the staff report dated November 10, 2004, in support of this recommendation. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. A) Appeal 04 -009. An APPEAL of an administrative decision, per KIBC 17.90.020A, issuing notice of violation to the owners of Bells Flats Subdivision, Block 7, Lot 17 for violation of KIBC 17.03.020, 17.03.060, and 17.03.080. (Postponed from October, 2004) Staff reported that a letter had been received from the applicant requesting withdrawal of the appeal. B) Chiniak Background Report - Town Meeting Review IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) New Assembly Roster B) US Army Engineer Fall 2004 Fact Sheet — Kodiak Update. C) Letter dated November 2, 2004 to Todd and Cecile Hiner from Michelle R. Stearns regarding notice of denial. P & Z Minutes: November 17, 2004 Page 6 of 8 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 2, 2004 Vacation of a Ten (10) Foot Utility Easement Running Through Russian Hill Subdivision, Proposed Lot 4A and Russian Creek Alaska Subdivision, Proposed Lots A -1 and A -1B. Following this agenda statement is a memorandum from Associate Planner Duane Dvorak to Borough Manager Pat Carlson. APPROVAL FOR AGENDA: C.J O�— ITEM NO. 13.D.1 Recommended motion: move to grant the vacation of a ten (10) foot utility easement running through Russian Hill Subdivision, proposed Lot 4a and Russian Creek Alaska Subdivision, proposed Lots a -1 and a-1 b. Memorandum Date: November 24, 2004 To: Patrick S. Carlson, KIB Manager From: Duane Dvorak, Associate Planner Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us 5ECEIYE J NOV 2 9 2004 KIB MANAGER RE: Transmittal of KIB Vacation Case SO4 -010, which contains a request to vacate a ten (10) foot utility easement running through Russian Hill Subdivision, proposed Lot 4A and Russian Creek Alaska Subdivision, proposed Lots A -1 and A -1 B. The attach bdivisiontoaseabrerial is for revtexntty the Kodiak Island Bo • Z Assembly in danceodi and &dough Cam, Title 16. Kodiak 1 - Borough Code1Stion 16 A. A C.. L ion to grant action is, effect i re unless approved by the city council if th° t - -. Tea is v a ottyor by tha embly if the vacated area is within the boroug outside a city "The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. Attached are copies of the information considered by the Kodiak Island Borough Planning and Zoning Commission at it's July 21 2004 meeting, at which time this case was granted preliminary approval, subject to conditions. Please schedule this case for review on the next available Assembly agenda and inform this office within 30 days regarding any action that the Assembly may take regarding this request. A brief agenda statement has been prepared to accompany this request. Staff regrets that this case was inadvertently set aside and not forwarded more timely e f thi d ro of rc Tha timing of this easement vacation review is based for this JGVV114 round V • ... ... ........� .. -- upon the time that the decision is received by the Assembly however, so it should not materially affect the Assembly's consideration of this request. N: \CD\Agenda Statements \Transmittal Memos to KIB Assembly \Transmittal Memo Case SO4- 010.doc Page 1 of 1 Meeting of: FISCAL NOTES [X] N/A Kodiak Island Borough Assembly AGENDA STATEMENT November 24, 2004 Expenditure Account Required $0.00 General Fund N/A ITEM NO. ITEM TITLE: Case SO4 -004. Replat of Russian Hill Subdivision Lot 4 and Russian Creek Alaska Subdivision Lots A -1A and A -1 B, creating Russian Hill Subdivision Lot 4A and Russian Creek Alaska Subdivision Lots A -1A -1 and A -1B -1, and the vacation of a ten (10) foot utility easement running through Russian Hill Subdivision, Lot 4A and Russian Creek Alaska Subdivision Lots A -1A and A -1 B. SUMMARY STATEMENT: The KIB Planning and Zoning Commission approved the above referenced utility easement vacation & replat after a public hearing was held on July 21 2004, subject to two (2) conditions. One of the conditions of approval requires the right of way vacation to be submitted for review by the Assembly. In this case, the Kodiak Island Borough Assembly is the applicable review body, which must review the vacation request in accordance with the following standards: Kodiak Island Borough Code Section 16.60.060 states: `A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation." After a public hearing review process, the KIB Planning and Zoning Commission found that the elimination of the easement proposed for vacation by this subdivision process would not in any way diminish the provision of public and quasi public utilities in this area. Attached is a copy of the information considered by the Commission at their meeting. APPROVAL FOR AGENDA: Manager: cr-r•-d Jim Peterson 11918 Gara Drive Kodiak, AK 99615 Dear Mr. Peterson: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us July 22, 2004 Re: Case SO4 -010. Preliminary approval, in accordance with KIBC 16.40, of Russian Hill Subdivision, Lot 4 and Russian Creek Alaska Subdivision, Lots A -1A and A -1B creating Russian Hill Subdivision Lot 4A and Russian Creek Subdivision, Lots A -1A -1 and A- 1B-1 and the vacation, in accordance with KIBC 16.60, of a ten (10) foot utility easement running through Russian Hill Subdivision, Lot 4A and Russian Creek Alaska Subdivision, Lots A -1Aand A -1B. The Kodiak Island Borough Planning and Zoning Commission granted preliminary approval to your subdivision referenced above, subject to two (2) conditions of approval at their meeting on July 21, 2004 and moved to forward the vacation request cited above, recommending approval, to the Borough Assembly. The approval is subject to the following conditions, as well as the requirements of Chapter 16.50 (Final Plat) of the Borough code: [1] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [2] The application for utility easement vacation must be reviewed by the Kodiak Island Borough Assembly prior to becoming final. This item will likely appear at the Assembly's August 19, 2004 regular meeting. The Assembly has 30 days in which to review your request and approve or veto the decision. Please confirm e8c - 931 n r than Five (5) working these dates with the Borough Clerk, Judi Nielsen at 486-9310, no sooner uaaa u... (5) ..........g days from the date of this letter. Should this request be approved, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty-four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a re- evaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a utility easement that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486 -9363. Sincerely, tutA it40% Michelle R. Stearns, AICP, Director Community Development Dept. • STAFF reported one hundred twenty-eight (128) public hearing notices were distributed for this request with none retumed prior to the meeting. Staff recommended approval of this request. COMMSSIONER CARVER MOVED TO grant preliminary approval of the vacation, in accordance with KIBC 16.60, of a ten (10) foot utility easement, along the west lot line of Aleutian Homes Subdivision, Block 8, Lot 17, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL [11 Prior to becoming final, this application for vacation must be reviewed by the Kodiak City Council. [2] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Council approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. FINDINGS OF FACT 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a utility easement that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. B) Case SO4 -010. Request for preliminary approval of a replat, in accordance with KIBC 16.40, of Russian Hill Subdivision, Lot 4 and Russian Creek Alaska Subdivision, Lots A -1A and A -1B creating Russian Hill Subdivision, Lot 4A and Russian Creek Subdivision, Lots A -1A -1 and A -1B -1 and the vacation, in accordance with KIBC P & Z Minutes: July 21, 2004 Page 2 of 5 16.60, of a ten (10) foot utility easement running through Russian Hill Subdivision, Lot 4A and Russian Creek Alaska Subdivision, Lots A -1A and A -1B. STAFF indicated nineteen (19) public hearing notices were distributed for this case with none being returned. Staff recommended approval of this request. COMMISSIONER JANZ MOVED TO grant preliminary approval, in accordance with KIBC 16.40, of the replat of Lot 4 Russian Hill Subdivision, and Lots A -1A & A -1B Russian Creek Subdivision, d the vacation, in accordance with KIBC 16.60, of a ten (10) foot utility easement, thrbugh Russian Hill Subdivision, Lot 4A and Russian Creek Alaska Subdivision, Lots A - }A and A -1B, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL [1] r The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [2] The application for utility easement vacation must be reviewed by the Kodiak Island Borough Assembly prior to becoming final FINDINGS OF FACT 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a utility easement that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. The motion was SECONDED by COMMISSIONER CARVER. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: Y The question was called, and the motion CARRIED by unanimous roll call vote P & Z Minutes: July 21, 2004 Page 3 of 5 1 4 Case SO4 -010 /Staff Report MEMORANDUM Public Hearing Item VI -B DATE: June 21 2004 TO: Planning and Zoning Commission 1,',,G THROUGH: Michelle R. Steams, AICP, Director UI STAFF: Martin Lydick, Associate Planner SUBJ: Information for the July 21 2004 Regular Meeting CASE: SO4 -010 APPLICANT: Jim Peterson REQUEST: Preliminary approval of a replat, in accordance with KIBC 16.40, of Russian Hill Subdivision, Lot 4 and Russian Creek Alaska Subdivision, Lots A -1A and A-1B creating Russian Hill Subdivision, Lot 4A and Russian Creek Subdivision, Lots A -1A -1 and A -1 B -1 and the vacation, in accordance with KIBC 16.60, of a ten (10) foot utility easement running through Russian Hill Subdivision, Lot 4A and Russian Creek Alaska Subdivision, Lots A -1A and A -1 B. LOCATION: 11918 Gara Dr., 11754 S. Russian Creek Rd. & 11724 S. Russian Creek Rd. ZONING: Rural Residential One Zoning District. Nineteen (19) public hearing notices were mailed on June 16, 2004. Date of site visit: NONE 1. Minimum lot size: 40,000 square feet Compliance: YES 2. Minimum lot width: 120 lineal feet Compliance: YES 3. Existing land uses: RESIDENTIAL Compliance: YES 4. Existing structure(s) on the property: SINGLE - FAMILY RESIDENCE Compliance with setbacks: NO Compliance with other zoning regulations: YES C nnrnarh men +c• Nn 5. Topography: MODERATE TO STEEP SLOPE Provides good building sites: YES Provides good parking areas: YES Page 1 of 7 P & Z: July 21, 2004 a • • Public Hearing Item VI -B Allows driveway construction to meet maximum slope requirement: YES 6. Physical Features: N/A Wetlands, streams, drainage courses: NONE Need for driveway /access restrictions: NONE Adequate line of sight: YES Adequate access for additional traffic volume: NO Adequate access from a safety standpoint: YES Neighborhood character. RURAL RESIDENTIAL Double frontage lots: YES Flag lots) NO Adequate access for fire apparatus: YES Utility installation meets Title 13: N/A Common wall or zero -lot line: NO Frontage on dedicated public right -of -way: YES Other road and utility improvements required before final approval: NO 7. Existing Plat Restrjctions: UTILITY EASEMENT SUBJECT TO THIS ACTION Compliance: YES Applicable Code Provisions Per Kodiak Island Borough Code 16.20.100 Easement: An interest in land owned by another that entitles the easement holder to a specified limited use or enjoyment. Per Kodiak Island Borough Code 16.20.260 — Vacation: The act of making legally void any right -of -way, easement, public area, or other public interest. Per Kodiak Island Borough Code 16.20.160 Plat. A map or chart of a surveyed subdivision of land. B. Preliminary plat. A map showing the salient features of a proposed subdivision of land submitted to the commission for purposes of preliminary consideration and approval. C. Per Kodiak Island Borough Code 16.40 — Preliminary Plat: ....in whole..... Per Kodiak Island Borough Code 16.60.010 — Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall Case SO4-010/Staff Report Page 2 of 7 P & Z: July 21, 2004 t • • Public Hearing Item VI -B deem [italics added] the area being vacated to be of value to the borough or a city unless proven otherwise. The burden of proof shall lie entirely with the petitioner. Per Kodiak Island Borough Code 16.60.030 — Required application. In submitting a vacation application, the applicant shall submit the following items to the community development department director by the deadline established for the commission agenda ... ... to be considered at the next regular meeting. A. A written statement containing reasons in support of the vacation. B. A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated. Per Kodiak Island Borough Code 16.60.060 — Additional Approval required. A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. B. A veto or approval of a vacation under subsection A of this section is a final legislative decision and is not subject to administrative appeal. However, where a vetoed vacation had received administrative approval in conjunction with the preliminary plat for a subdivision, the preliminary plat approval without the vacation is subject to a petition for reconsideration under section 16.90.010 of this title. (Ord. 90 -15 §2 (part), 1990). COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: YES, this area is not served by public water & sewer systems, compliance is assumed by ADEC design requirements for on site septic systems. 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: 3. Access Case SO4- 010IStaff Report YES Page 3of7 P & Z: July 21, 2004 • • Public Hearing Item VI -B New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: YES, this area is not located along shorelines. 4. Hazardous Lands Development shall not ccur in hazardous areas such as avalanche runout zones, active flo dplains, and high water channels to the extent feasible and prudent. iting, design, and construction measures to minimize exposure to c astal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: YES, this area is not located so as to present any greater danger of exposure to natural hazards as the surrounding area(s). 5. Wetlands Filling and drainage of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: YES, this area does not involve /contain any wetlands Commercial /Industrial Development N /A:, This action does not involve commercial or industrial development. REVIEW AGENCY COMMENTS Alaska Communications Systems - Engineering Department -Kenai No Objection. City of Kodiak - Building Officials (No comment received regarding this request) Island Cable TV (No comment received regarding this request) Kodiak Island Borough- Engineering and Facilities Department (No comment received regarding this request). Knriiak Electric Association - Ennineerina Department No Objection. Case SO4- 010 /Staff Report Page 4 of 7 . P & Z: July 21, 2004 Case SO4 -010 /Staff Report • • Public Hearing Item VI -B Womens Bay Community Council (No comment received regarding this request) Womens Bay Service Area -Board of Supervisors (No comment received regarding this request) Page5of7 P & Z: July 21, 2004 • Public Hearing Item VI -B STAFF COMMENTS This request is for preliminary approval of a replat, in accordance with KIBC 16.40, of Russian Hill Subdivision, Lot 4 and Russian Creek Alaska Subdivision, Lots A -1A and A -1 B creating Russian Hill Subdivision, Lot 4A and Russian Creek Subdivision, Lots A- 1A-1 and A -1B -1; and the vacation, ih accordance with KIBC 16.60, of a ten (10) foot utility easement running through Russian Hill Subdivision, Lot 4A, and through & along the interior boundaries of Russian Creek Alaska Subdivision, Lots A-1A and A -1 B. The abutting lot to the Southeast ha been developed with a single - family residence and is zoned Rural Residential One oning District. Abutting lots to the Northeast & Southwest have not been developed g at this time and are zoned Rural Residential One Zoning District. The tract of land to the North is the Russian Creek drainage and is zoned C — Conservation. In this request, the Applicant has complied with paragraph "B" of Kodiak Island Borough Code 16.60.030 as demonstrated by the preliminary replat accompanying this request. Staff review has determined that the submittal meets the technical specifications as required in Kodiak Island Borough Code 16.40.040 & 16.40.050. However, the Applicant has not provided written justifications and /or reasons for the vacation request as required by paragraph "A" of 16.60.030 and, at the discretion of the Commission, may be deemed to have failed to overcome the burden imposed in Kodiak Island Borough Code 16.60.010. Staff notes that on the site plan submitted in conjunction with application for zoning compliance (BZ02 — 079,, Oct. 2 2002) a distance of thirty -five (35) feet between the rear of the proposed residence and the rear lot line was indicated. The rear lot line setback in the Rural Residential One Zoning District is twenty (20) feet. As reflected in the "As -built Survey" dated May 12 2004, there is a distance of only ten (10) feet separating the rear of the residence and the rear lot line. By inference, it appears to staff that the purpose of this replat & vacation request is to "cure" the building encroachment into the required rear -yard setback. This request represents a sensible option in order to restore conformity with zoning district regulations. Case SO4- 010 /Staff Report Page 6 of 7 P & Z: July 21, 2004 III Public Hearing Item VI -B RECOMMENDATION Staff recommends approval of this request subject to two (2) conditions of approval. APPROPRIATE MOTION MOTION: Move to grant preliminary approval, in accordance with KIBC 16.40, of the replat of Lot 4 Russian Hill Su division, and Lots A -1 A & A -1 B Russian Creek Subdivision, and the va tion, in accordance with KIBC 16.60, of a ten (10) foot utility easement, hrough Russian Hill Subdivision, Lot 4A and Russian Creek Alaska Subdivision, Lots A -1A and A -1 B, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS 6F APPROVAL [1] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [2] The application for utility easement vacation must be reviewed by the Kodiak Island Borough Assembly prior to becoming final. FINDINGS OF FACT 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a utility easement that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. Case SO4- 010 /Staff Report Page 7 of 7 P & Z: July 21, 2004 we se -ot Kodiak Island Borough AGENDA STATEMENT Regular Meeting of December 2, 2004 ITEM NO. 13,D.2 Acceptance of the Kodiak Area Fire and Rescue, Bayside Fire Station and Community Training Center's Standard Operating Policy and Procedure Number 1.7. The attached Operating Policy from Bayside Fire is before the Assembly for review and the Fire Board respectfully requests acceptance so these awards and incentives are part of the Service Area record. This action was taken to document the type, available for volunteer service. Please acknowledge receipt of his resolution and authorize awards the Manager to facilitate sufficient funding to accomplish payment of these awards. Recommended motion: move to accept the Kodiak Area Fire and Rescue, Bayside Fire Station and Community Training Center's Standard Operating Policy and Procedure Number 7.7. SUBJECT: Awards and Incentives PURPOSE: To define a standardized procedure for the issuance of awards and incentives. POLICY: It shall be the policy of the Bayside Fire Station to recognize it's members for service provided to the station and the community through a uniform awards and incentives program. AUTHORITY & RESPONSIBILITY: The Fire Chief or designee shall be responsible for ensuring that the appropriate awards and incentives are given out to department members. PROCEDURE: Length of service awards shall be issued for: a. Completion of Recruit Class b. Completion of one year of membership c. Completion of five years of membership d. Completion of 10 years of membership' e. Completion of 15 years of membership f. Completion of 20 years of membership. II. Length of service awards shall be as follows: a. Completion of Recruit Class 1. Two department t- shirts and one department sweatshirt. b. Completion of one year of membership 1. One fire department jacket SOP 1.7 Page 1 of 3 KODIAK AREA FIRE AND RESCUE BAYSIDE FIRE STATION AND COMMUNITY TRAINING CENTER STANDARD OPERATING POLICY AND PROCEDURE / /� NUMBER 1.7 4410, 401 j / //�� i / c ; ADOPTED: NOV 1 9 2(q4 ll .2 2-009 NOV�Mdt� / SOP 1.7 Page 2 of 3 c. Completion of five years of membership 1. One fire department plaque d. Completion of 10 years of membership 1. One gold fire department ring with birthstone,' or 2. One weekend for two in Anchorage, including airfare, hotel, car, and Pe evok CV on 15 years of membership 1. One brass officers speaking trumpet award 1. Completion of 20 years of membership 1. One brass, full size traditional fire helmet award, and; 2. One weekend for two in Anchorage, including airfare, hotel, car, and; 3. $250.00 cash award Special service awards shall be issued by the Chief for duties and actions performed above and beyond the Call of duty. Special service may be issued for the following a. Life Saving b. Valor c. Meritorious Service d. Community Service IV. Special service awards shall be as follows a. Ufe Saving Award 1. Acrylic award with black background and red. white, and blue stripes at the top and bottom. Engraved with the fire station emblem and the words " Life Saving Award Presented to b. Medal of Valor 1. Gold medal with a Windsor Fold Blue Ribbon, engraved with the words "iviedai of Valor' APPROVED SOP 1.7 Page 3 of 3 1. Silver medal with Windsor Fold Red Ribbon, engraved with the words " Meritorious Service Award" d. Community Service Award 1. Bronze medal with a Windsor Fold Red, White, and Blue Ribbon, engraved with the words "Community Service Award" I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on September 15, 2004 in the Borough Assembly Chambers. II. ROLL CALL KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS - NCI D M IE REGULAR MEETING SEPTEMBER 15, 2: MINUTES _ U NOV - 9 2004 Commissioners Present Jerrol Friend — Chair Cheryl Boehland Gary Carver Casey Janz David King Dennis McMurry Reed Oswalt Others Present Michelle R. Steams, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Erin Whipple, Secretary Community Development Dept. BOROUGH CLERK'S OFFICE A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER OSWALT MOVED to add Old Business Item D to the agenda. COMMISSIONER JANZ SECONDED the motion. The motion CARRIED by unanimous voice vote. COMMISSIONER CARVER MOVED to add Old Business Item E to the agenda. COMMISSIONER KING SECONDED the moiton. The motion CARRIED by unanimous voice vote. COMMISSIONER BOEHLAND MOVED TO APiic0 "v'"r, the agenda as Yrobordcu. The motion was SECONDED by COMMISSIONER KING, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING P & Z Minutes: September 15, 2004 Page 1 of 8 zij COMMISSIONER OSWALT MOVED TO APPROVE the minutes of August 18, 2004 Planning and Zoning Commission regular meeting as submitted. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VII. PUBLIC HEARINGS A) Case SO4 -014. Request for a request for preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 23A, US Survey 3099 creating Lots 23A -1 and 23A -2, US Survey 3099. STAFF reported forty (40) public hearing notices were distributed on August 27, 2004 with none being returned prior to tonight's meeting. Staff recommended approval of the request. COMMISSIONER JANZ MOVED TO grant preliminary approval of the subdivision of Lot 23A, U.S. Survey 3099 creating Lots 23A -1 and 23A -2, U.S. Survey 3099, subject to the conditions of approval contained in the staff report dated September 7, 2004, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Place a note on the plat in accordance with KIBC 16.40.050.B.3.a.i, addressing the prohibition of further subdivision of a lot with single Type I flag stem. 2. Install a water service to each lot in accordance with City of Kodiak standards and obtain a letter of compliance from Public Works prior to final plat approval. 3. Construct a driveway access to Lot 23A -1 within the designated flag stem access and abandon the lower drive access in favor of the new flag stem access drive. Obtain evidence of compliance with applicable state and borough driveway codes for inclusion in the cast file for this subdivision prior to fmal plat approval. 4. Remove the encroaching driveway from the property line common with Lot 22A -1 or in the alternative, include this lot in the subdivision in order to adjust the lot line. P & Z Minutes: September 15, 2004 Page 2 of 8 B) P & Z Minutes: September 15, 2004 5. Record a written indicatiRecord easement agreement with the adjoining landowners g a temporary easement for building e ncroachments from adjoining Lot 23B and Lot lA Lot 23B , with a fixed date by which the encroach In the alternative, expand the scope of subdivisio to st l tbe boundary lines of the subdivision to convey the land u e ncroachments are located. pon which these 6. Obtain a letter of non objection for the lot line configuration the sewer ease Page 294. where it does not coincide with on Lot 23A -1 easement recorded in Book 144, FINDINGS OF FACT 1 • This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets 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. The motion was SECONDED by COMMISSIONER OS WALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called and the motion CARRIED by unanimous roll call vote. Case 04- e sc bed as a port on fUS Survey 24 9 Lot 1 for the borough borough property, per KIBC 1 8.20.030, d gh land at less than fair market value in order to develo vehicle park, equestrian center and associated p °rpose leasing system, p a recreational trails Staff summand ed the legal opinion regarding Commissioner Kine's p in this case the potential conflict t of :-..__. _ . ...�ci. -- .... COMMISSIONER KING DECLARED A CONFLICT OF asked to be excused from participation in this case. CHAIR him without objection. E INTEREST and 1�ND excused Page 3 of 8 STAFF indicated five (5) public hearing notices were distributed for this case with none being returned prior to tonight's approval. Staff recommended denial of this request. COMMISSIONER BOEHLAND MOVED TO adopt the following resolution containing a negative recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 04 — 008. A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION, RECOMMENDING AGAINST A DISPOSAL BY LEASE FOR LESS THAN FAIR MARKET VALUE TO A NONPROFIT CORPORATION OF APPROXIMATELY 600 ACRES OF BOROUGH LAND LOCATED WITHIN LOT 1 UNITED STATES SURVEY 2539 FOR THE PURPOSE OF ESTABLISHING A RECREATIONAL VEHICLE PARK, AMONG OTHER USES. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each disposal of Borough land to be reviewed by the Planning and Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal by resolution before the case can be forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission's recommendation is to determine whether the land is considered to be surplus to the Borough's need; and, WHEREAS, the Planning and Zoning Commission held a public hearing on September 15, 2004, to consider the land disposal request made by the Kodiak Island Sportsman's Association (KISA) for a land disposal by lease for less than fair market value; P & Z Minutes: September 15, 2004 Page 4 of 8 P & Z Minutes: September 15, 2004 NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1: The Kodiak Island Borough accordance with Title 18 of the Kodiak sland1Borough °nin against the approval of a disposal b g Commission, in land disposal for less y the Kodiak Island Borough Assembly dhan fair market value of a pproximately six hundred of a (600) acre tract on a pbrtion oft 1, United States rS�ee2539 y a six h entrance of the Salome Creek g the Chiniak H undyed Rifle Range along Y Hi near the Section 2: Findings. near 1. The Womens Bay Comprehensive Plan Update is a work -in- progress. 2. The area subject to the land disposal request is located within the Women's Bay Regional Plan Area. 3. The land disposal request is premature in light of the uncompleted Womens Bay Comprehensive Plan Update. 4. The re 4. h to a e q ueste use a area would unnecessarily interfere with the public resource. public's 5. The proposed use (s) existing O of the lease area represent g uses. incompatible use(s) with 6 . The proposed development of the lease area relies upon speculative change(s) in the current Kodiak Island Borough Code Title 17 — Zoning. 7. The Proposed development of the lease area relies u pon the grant of a variance premised upon prohibited reason. ADOPTED BY THE KODIAK ISLAND BOROUGH PI ZONING COMMISSION, THIS FIFTEENTH DAY OF SETEANNING AND The motion was SECONDED by MBER, 2004 Y C OMMISSIONER JANZ Regular session closed. Public hearing opened: Doc Do le Board Member Kodiak Island S.ortsmans Heitman of the request and attempted to clarify the request. Spoke in �..e __ est. Dane 11 p"man Womens Ba request is premature considering Spoke against the request. Feels that the completed. been nsidering the Womens Bay Comprehensive Plan hasn't Page 5 of 8 Pam Foreman, Chair, Kodiak Island Borough Parks & Recreation Committee: Spoke against this request and referred to the Parks & Recreation resolution presented to the Commission in their packet supplements. The Parks & Recreation Committee feels more information is needed before making decisions for this area. Norma Holt, Secretary, Kodiak Island Sportsmans Association: Spoke in favor of the request. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER MCMURRY MOVED TO POSTPONE this case until the next regular meeting of the Planning & Zoning Commission and to direct staff to notify Leisnoi, Inc of this request. COMMISSIONER OSWALT SECONDED the motion. The question was called, and the motion CARRIED, five .yeas to one nay. Commissioner Boehland was the nay. VIII OLD BUSINESS A) Kodiak Island Borough 2005 -2009 Capital Improvement Program (CIP) resolution. The Commission recommended changing the score on the Mill Bay/Rezanof Intersection evaluation to 80. COMMISSIONER JANZ MOVED TO adopt a resolution of the Kodiak Island Borough Planning & Zoning commission (Resolution 2004 -03) recommending priorities for inclusion in the Kodiak Island Borough's FY '05 -'09 Capital Improvement Program as amended. COMMISSIONER CARVER SECONDED the motion. The question was called and the motion carried by unanimous roll call vote. B) Department of Natural Resources Kodiak Area Plan Final Comments resolution. COMMISSIONER KING MOVED TO adopt a resolution of the Kodiak Island Borough Planning & Zoning Commission (Resolution 2004 -04) adopting recommendations regarding the Kodiak area plan. P & Z Minutes: September 15, 2004 Page 6 of 8 C) Mobile Home Park August 25, 2004 work session. XI. REPORTS COMMISSIONER JANZ SECONDED the motion. The question was called and the motion carried, five yeas to two nays. Commissioners McMurry and Oswalt were the nays. The Commission decided to review this topic at the regular worksession of October 13, 2004. D) Chiniak Survey (item added after advertising — amend agenda to include) IX. NEW BUSINESS There was no new business. X. COMMUNICATIONS A) Letter dated August 19, 2004 to Mr. & Mrs. Glenn Mathes from Martin Lydick regarding notice of violation. B) Letter dated August 20, 2004 to Mr. George Kontra from Martin Lydick regarding Kodiak Island Borough Planning & Zoning Case 04 -007. C) Letter to the Kodiak Island Borough Assembly from Tess Dietrich regarding asphalt incident. D) Letter Dated August 27, 2004 to Todd Hiner from Martin Lydick regarding letter of notice and courtesy. There were no further communications. COMMISSIONER CARVER MOVED TO ACKNOWLEDGE RECEIPT of item A through item D of Communications. The motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice vote. A) Meeting schedule: • September 21, 2004 special meeting at 7:30pm in the KIB Assembly Chambers — ChemTrack CUP extension. ▪ vv...u.._ la, wv-r work session i:Jv p.m. to me nus Conference room. • October 20, 2004 regular meeting at 7:30 p.m. in the Assembly Chambers. There were no further reports. P & Z Minutes: September 15, 2004 Page 7 of 8 COMMISSIONER KING MOVED TO ACKNOWLEDGE receipt of reports. The motion was SECONDED by COMMISSIONER MCMURRY, and CARRIED by unanimous voice vote. XII. AUDIENCE COMMENTS There were no audience comments. XIII. COMMISSIONERS' COMMENTS COMMISSIONER KING: Now realizes the frustration people go through when they have the answers but are not allowed to share them. IX. ADJOURNMENT ATTEST COMMISSIONER JANZ: Glad the Commission is going through the comprehensive planning process for Womens Bay and Chiniak before developing the areas more. CHAIR FRIEND ADJOURNED the regular meeting at 9:09p.m. Erin Whipple, Secretary Community Development Department DATE APPROVED: October 20, 2004. KODIAK ISLAND BOROUGH PLANNING AND ZONING OMMISSION By: Jerrol Friend, Chair P & Z Minutes: September 15, 2004 Page 8 of 8 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — October 25, 2004 The Board of Education of the Kodiak Island Borough School District met in regular session on October 25, 2004, in the Borough Assembly Chambers. The meeting was broadcast on KMXT Radio, 100.1 F.M. and televised by GCI Cablevision. Board President Jeff Stephan called the meeting to order at 7 p.m. PLEDGE OF ALLEGIANCE ROLL CALL was taken, and the following members were present: A quorum was established. ALSO PRESENT: MINUTES: Barry Still Scott Williams Jordan Rodgers Betty Walters Bill Watkins Larry LeDoux Roy Brown Heather Wheeler Elizabeth Odell Jeff Stephan Dave Jones Darcy Stielstra Brian O'Leary Linda Brown Meri Holden Norm Wooten CDR John Furman Jack Walsh Steve Kreber Bob Meade Stewart McDonald The minutes of the Regular Meeting of September 27, 2004 were to be considered for approval and /or correction. MOTION NORM WOOTEN moved to approve the minutes of the Regular Meeting of September 27, 2004. BARRY STILL seconded the motion and it carried unanimously by a voice vote. RECOGNITION OF VISITORS: Superintendent Betty Walters welcomed all in attendance and in the listening and viewing audiences. COMMUNITY COMMENTS: None CORRESPONDENCE: None SCHOOL BOARD REGULAR MEETING October 25, 2004 Page 2 PROGRAM/STAFF REPORTS: 1. Following the Leaders Update - Following the Leaders Program Manager Stewart McDonald apprised Board members and the listening audience on the progress being made by the Following the Leaders Program. He demonstrated the computer program Homeroom.com that allows students district -wide to practice assignments and tests that are created to cover parts of the state standards. The program also grades the assignments and tests once completed by the student and allows time for review. SUPERINTENDENT'S REPORT: 1. Main Elementary School Principal Marilyn Davidson was recently officially appointed to service on the Regional Advisory Committee. The Committee will conduct an assessment of the educational technical assistance needs of the region and prepare a report on those needs to the Secretary of Education and to the Director of the Institute for Education Sciences. UNFINISHED BUSINESS: None NEW BUSINESS: I. Request to Bid Internet and Telecommunications Services — School Board Policy Section 8.2.6 (a), purchasing, requires Board approval to solicit bids for the following services: Kodiak Rural Schools Internet Access, Digital Broadband Services, Kodiak Wide Area Network Internet Access, and District -wide Long Distance Telecommunications. SCOTT WILLIAMS moved to approve the request to bid intemet ION services, including Kodiak Rural Schools Internet Access, Digital Broadband Services, Kodiak Wide Area Network Internet Access, and District -wide Long Distance Teleco mmunications. ELIZABETH ODELL seconded the motion and it carried unanimously by a roll call vote. 2 . Old Harbor School Facility Use Agreement — Facility use agreements continue to come in from the rural sites. The Old Harbor Facility Use Agreement was at the October 4, 2004 Work Session. BARRY STILL moved to a pprove the 200 MOTION 2004/2005 Old Harbor School Facility Use Agreement NORM WOOTEN seconded the motion and it canied unanimously � =���nnousiy by a voice vote. 3. FY 05 Preschool Disabled Grant Award — This grant provides supplemental funding for professional services and direct instruction to preschool students with intensive needs. SCHOOL BOARD REGULAR MEETING October 25, 2004 Page 3 MOTION ELIZABETH ODELL moved to accept the FY 05 Preschool Disabled Grant award in the amount of $16,712. BARRY STILL seconded the motion and it carried unanimously by a roll call vote. 4. FY 05 Preschool Disabled Grant Amendment - This grant amendment will assisting in providing supplemental funding for professional services and direct instruction to preschool students with intensive needs. MOTION SCOTT WILLIAMS moved to accept the FY 05 Preschool Disabled Grant amendment increase in the amount of $259 for a total grant award of $17,007. ELIZABETH ODELL seconded the motion and it carried unanimously by a roll call vote. 5. FY 05 GEAR UP Alaska Grant Amendment — This grant assists in developing supplemental programs that increase students' knowledge of secondary and post - secondary opportunities. It also supports transitional activities that help students adjust to middle school and to the high school. MOTION SCOTT WILLIAMS moved to accept the FY 05 GEAR UP Alaska Grant amendment increase in the amount of $49,714 for a total grant award of $55,000. BARRY STILL seconded the motion and it carried unanimously by a roll call. 6. FY 05 Set for Life Grant Award — This grant will fund the development of transition services for students with disabilities, focusing on school -to -post secondary activities. MOTION ELIZABETH ODELL moved to accept the FY 05 Set for Life Grant award in the amount of $9,280. SCOTT WILLIAMS seconded the motion and it carried unanimously by a roll call vote. 7. FY 05 Title II -D Grant Award — This grant will fund the development of an interface between servers and the internet as well as software to support LEP/IEP 504 students who are not proficient on assessments. MOTION BARRY STILL moved to accept the FY 05 Title II -D, Enhancing Education thru Technology Grant Award in the amount of S604R9. SCOTT WILLIAMS seconded the motion and it carried unanimously by a roll call vote. 8. FY 05 Title VI -B Grant Award — This grant will provide funding to supplement services to special education students, such as classroom aide time, specialized equipment for students, materials and supplies. SCHOOL BOARD REGULAR MEETING October 25, 2004 Page 4 MOTION NORM WOOTEN moved to accept the FY 05 Title VI -B Grant award in the amount of $593,388. BARRY STILL seconded the motion and it carried unanimously by a roll call vote. 9. School Board Oath of Office - The Kodiak Island Borough Assembly certified the results of the October 5, 2004 municipal election at their October 21, 2004 Borough Assembly Regular Meeting. As a result of the election, Roy Brown was newly elected to serve a three -year term on the Board of Education of the Kodiak Island Borough School District. OATH TAKEN Board President Jeff Stephan administered the oath of office to newly - elected Board Member Roy Brown. 12. School Board Reorganization — School Board Policy requires that annual organization and selection of officers occur at the next meeting of the Board following the Kodiak Island Borough Assembly's ratification of election results. Board President Jeff Stephan called for silent ballots from Board members. SCOTT WILLIAMS was elected as President of the School Board. ROY BROWN was elected as Vice President of the School Board. ELIZABETH ODELL was elected as Clerk of the School Board. JEFF STEPHAN was elected as Treasurer of the School Board. FUTURE BUSINESS: 1. The meeting schedule for November is a Work Session on Monday, November 1, 2004 and a Regular Meeting Monday, November 15, 2004 at 7 p.m. in the Borough Assembly Chambers. 2. There is a work session scheduled with the Borough Assembly for Thursday, October 28, at 7:30 p.m. COMMUNITY COMMENTS: None BOARD COMMENTS: 1. Jordan Rodgers congratulated incoming Board member Roy Brown and thanked outgoing Board member Barry Still for his contributions to students. She shared that Halloween weekend is filled with many activities such as the downtown haunted house and asked community members to support UNICEF. SCHOOL BOARD REGULAR MEETING October 25, 2004 Page 5 2. CDR John Furman shared that he will miss working with outgoing member Barry stated that before the District enters the budget process he would like to see a su grants that are pending Still. He g and have been approved. mmary of 3. No Wooten welcomed back incoming member Roy Brown and a pprised Board members that he will be gone Thursday for the work session with the Borough Jeff Stephan welcomed Roy gh Assembly. Still for his service and wished him good lu k in hisrfuture endeavors us thanks to Barry 5. Roy Brown stated that he is excited to be back where students are looked at as individuals and extended his thanks to Stewart McDonald for his presentation. He wished B good Still ood luck. 6. Elizabeth Odell welcomed incoming Board member Roy Brown back outgoing Board member Barry Still for his service. She they have put and thanked Y ut into grant writin thanked Harbor S h oo f for the tune construction intensive and was happy she visited Old Harbor engaged and activity, ppy to see students very engaged in the 7. Scott Williams welcomed Roy Brown to the Board Still on his service to students. He congratulated and extended his appreciation S onr his the Kodiak gratulated Norm Wooten on hi new endeavor B ass Following the Leaders presentation. ation.Coerce. He thanked Stewart McDonald for the AD JOURNMENT : JEFF STEPHAN moved to adjourn the Regular Meeting. NORM WOOTEN seconded the motion, and it carried unanimously by a voice vote. There being no further business, Board President Scott Williams adjourned the Regular Meeting at 8:07 p.m. Respectfully Submitted, fin i7 fl. Sheila J. Roberts` Administrative Assistant SCHOOL BOARD REGULAR MEETING October 25, 2004 Page 6 Approved by the Kodiak Island Borough School District Board of Education at their Regular Meeting of November 22, 2004. Suggested amendment to Borough Resolution No. FY 2005 -09 Offered by Rolan Ruoss Sec. 1 Add this language: "History -based delivery requirements are not needed in the Gulf of Alaska to protect processors." z �I�;ci Iu C/) w 0 0 a EI1-�I� F 19 It U) w 0 F� W—�- o o c w < c c m 0. cn 0 0 C N Z %.• 0 N�mmmin MEMO ay 0. mono it wool 0 N�mmmin MEMO 0. mono wool 0 MEMO 0. mono none 0 smog 0. K z 0� 0 O 0. w CD0 a x 0 d x oCon r� n too N cn Q m x H a vz CIOr �-Mffl wool goal mmal n � C Q. N � L z � n � C Q. N � L z � 4. Kodiak Island Borough December 2, 2004 - 7 :30 p.m. 1. INVOCATION Sergeant Major Dave Blacketeer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Assembly Guidelines Regular Meeting Assembly Chambers 3. ROLL CALL Clerk's note: Assemb /ymembers Branson and Wi lliams and other A ssemb /ymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse any A ssemb /ymembers that are absent. VOICE VOTE ON MOT /ON APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOT /ON 5. APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of November 18, 2004. Recommended motion: Move to approve the minutes as submitted. Ask if there are any corrections or additions to the minutes. VOICE VOTE ON MOT /ON 6. AWARDS AND PRESENTATIONS - None. Kodiak Island Borough December 2, 2004 Assembly Guidelines Page 1 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. (Limited to three minutes per speaker.) Read phone numbers: Local Telephone Number 486 -3231 Toll Free Telephone Number 1 -800- 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS Ask if any other member of the audience has a committee report. Ask if any member of the assembly has a committee report. 9. PUBLIC HEARING - None. 10. BOROUGH MANAGER'S REPORT - Manager Carlson 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -59 to Provide Engineering Services to Stabilization Plan and Toe Drain Continuation at the Kodiak Landfill. Recommended motion: Move to approve Contract No. 2004 -59 in an amount not to exceed $52,993. Staff report - Manager Carlson. Assembly discussion. ROLL CALL VOTE ON MOT /ON Kodiak Island Borough December 2, 2004 Design a Soil Island Borough with CH2M Hill Assembly Guidelines Page 2 Kodiak Island Borough December 2, 2004 2. Contract No. 2004 -61 Professional Services Agreement Between the Kodiak Island Borough and M.R. Stearns Planning and Design, LLC. Recommended motion: Move to approve Contract No. 2004 -61 with M.R. Stearns Planning and Design, LLC for the amount stated in the contract. Staff report. Assembly discussion. ROLL CALL VOTE ON MOT /ON B. RESOLUTIONS 1 • Resolution No. FY 2005 -09 Endorsing Certain Elements for a Successful Gulf of Alaska Groundfish Rationalization Plan. Recommended motion: Move to adopt Resolution No. FY2005 -09. Staff report - Manager Carlson. Clerk's note: attached on blue paper is the corrected version which is available to the public. Also at the work session, Mr. Stosh Anderson offered the following amendments to Section 2 of the Resolution: Choice A�Holders oVccess rights need to remain with fishermen and vessel owneryand not be passive investment vehicles. Choice B: Access rights should be structured not to foster absentee ownership of these rights. Assembly discussion - -- amendments may be offered at this time. Assemb /ymember Ranney wou /d be offering an amendment to modify choice B as follows: "Access rights shou /d be structured to encourage that ownership of the rights remain within the community." ROLL CALL VOTE ON MOTION Assembly Guidelines Page 3 C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2005 -09 Rezoning Lot 21, Seaview Subdivision From (- Industrial To B Business. (P &Z Case 04 -012) Recommended motion: Move to adopt Ordinance No. FY 2005 -09 in first reading to advance to public hearing on December 16 2004. Staff report - Manager Carlson. Assembly discussion. Amendments may be offered at this time. ROLL CALL VOTE ON MOT /ON OTHER ITEMS 2. Kodiak Island Borough December 2, 2004 1. Vacation of a Ten (10) Foot Utility Easement Running Through Russian Hill Subdivision, Proposed Lot 4A and Russian Creek Alaska Subdivision, Proposed Lots A -1 and A -1 B. Recommended motion: Move to grant the vacation of a ten 1101 foot utility easement running through Russian Hill Subdivision, proposed Lot 4A and Russian Creek Alaska Subdivision, proposed Lots A -1 and A -16. Staff report - Manager Carlson Assembly discussion. ROLL CALL VOTE ON MOT /ON Acceptance of the Kodiak Fire and Rescue, Bayside Fire Station and Community Training Center's Standard Operating Policy and Procedure Number 1.7. Recommended motion: Move to accept the Kodiak Area Fire and Rescue, Bayside Fire Station and Community Training Center's Standard Operating Policy and Procedure Number 1.7. Clerk's note: Attached on yellow paper is the agenda statement and the proposed operating policy and procedure no. 1.7. Staff report - Manager Carlson ROLL CALL VOTE ON MOT /ON Assembly Guidelines Page 4 14. CITIZEN COMMENTS (Limited to three minutes per speaker) Read phone numbers: Local Telephone Number Toll Free Telephone Number 1-800-478-5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS - Mayor Selby 1 . The Assembly will hold a work session to include a special meeting December 3, 2004 at noon in the Borough Conference Room. Kodiak Island Borough December 2, 2004 2. The Assembly will meet in a work session on Tuesday, December p.m. in the Borough Conference room and a regular meeting on December 16, 2004 at 7 :30 p.m. in the Assembly Chambers. tomorrow, 14 at 7:30 Thursday, Assembly Guidelines Page 5 16. EXECUTIVE SESSION A. Confidential Attorney - Client Communications. Recommended motion: Move to convene into executive session to discuss Attorney-Client Communications, - - - - - Kodiak Island Borough December 2, 2004 R L CALL VOTE ON MOT /ON ROLL CALL VOTE ON MOT /ON rom the ex utivp - ssion, May ces action venes the special a re of the e .and .030 the Manager may request public discussion. lease ask the manager if he prefers to hold this discussion " public. Recommeneleel-tnotiorirtluvrto convene n o executive session to discuss a e. to the Manager's Performance / and Employment Contract, matters that qualify for executive session and invite all Assemb /ymembers, the,Mayor, the Manager, and the Clerk's Office staff to participate. (Upon returning from the executive session, Mayor Selby reconvenes the special meeting and announces there is no action to be taken as a result of the executive session.) 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE Assembly Guidelines Page 6 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: i°42 - . 0 C/ Please print your name Please print your name