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2013-04-18 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, April 18, 2013, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ('h°':) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. # Regular Meeting of March 21 and April 4, 2013. 6. AWARDS AND PRESENTATIONS A. Military Child Proclamation B. Employee of the Quarter C. Longevity Awards 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 1. Contract No. FY2013 -25 Karluk School Oil Tank Procurement. 2. Contract No. FY2013 -26 Landfill Lateral Expansion Phase III Leachate Treatment Plant Metal Building Procurement. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 B. Resolutions 1. Resolution No. FY2013 -29 Accepting the Recommendation of the Planning and Zoning Commission Recommending the Disposal of Certain Borough Land as Surplus to the Public's Need to be Sold at a Future Land Sale (P &Z Case 13 -019, Chiniak). 2. Resolution No. FY2013 -30 Accepting the Recommendation of the Planning and Zoning Commission Approving the Disposal By Lease of Certain Borough Land as Surplus to the Public's Need (P &Z Case 13 -022, Pillar Creek). C. Ordinances for Introduction 1. Ordinance No. FY2013 -15 A Rezone According to KIBC 17.205.0 to Rezone Proposed Lots 5B and 5C, Block 1, Chiniak Alaska Subdivision From PL- Public Use Zoning District To RR2 -Rural Residential Two Zoning District (P &Z Case 13 -018, Chiniak). D. Other Items 1. *Confirmation of the Assembly Appointment to the Service Area No.1 Board (Curtis Howell). 2. Approval of the Vacation of a 20 -Foot Wide Utility Easement in Accordance With KIBC16.60.060, Along the Lot Line Common to Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision (P &Z Case S13 -013, Cossette). 3. *Declaring a City Seat on the Planning and Zoning Commission Vacant. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Bay View Road Service Area Board Regular Meeting /Budget Public Hearing of March 20, 2013. 2. Monashka Bay Road Service Area Board Regular Meetings of February 6 and February 16, Regular Meeting /Budget Public Hearing of March 6, and Special Meeting of March 15, 2013. 3. Parks and Recreation Committee Regular Meetings of January 8 and January 22, 2013. 4. Planning and Zoning Commission Regular Meetings of January 16 and February 20, 2013, 5. Womens Bay Service Area Board Regular Meeting of March 5, 2013. B. Reports — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting March 21, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, March 21, 2013, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Borough Manager Bud Cassidy, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA AUSTERMAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of March 7, 2013, and Special Meeting Minutes of February 28, 2013 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed that on March 28, 2013, the Kodiak Community as a Municipality does "Choose Respect" and asked that all residents join in standing up against domestic violence, sexual assault, and child sexual abuse. CITIZENS' COMMENTS Lenny Roberson reported on the removed dumpster stations in the Spruce Cape area and the inconvenience to the residents, and warned of bear sightings in the neighborhood. COMMITTEE REPORTS Assembly member Bonney reported on the Solid Waste Advisory Board Meeting of March 18 addressing Alaska Waste removing dumpsters from sites. Assembly member Stutes gave an update on the Southwest Alaska Municipal Conference (SWAMC) board meeting on March 21, 2013. A letter of support for Senate Bill 54 was requested. Assembly member Griffin reported on the Assembly's annual legislative lobbying trip to Juneau and the variety of meetings that were attended by the Assembly. Assembly member Stephens gave an update on the Kodiak Island Borough School District's • special meeting on Thursday, March 21, 2013. Kodiak Island Borough Assembly Minutes March 21, 2013 Page 1 Assembly member Austerman reported on the Providence Advisory Board meeting where the new strategic plan was presented. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Assembly's lobbying efforts in Juneau during the March 12 and 13, 2013, legislative trip, and • He would be attending an Incident Command Training in Anchorage the week of March 26, 2013. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby thanked the Assembly members who attended the legislative reception in Juneau and their lobbying efforts, and reported on the different meetings that were attended while in Juneau. UNFINISHED BUSINESS None. • NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2013 -01 B Amending Ordinance No. 2013 -01 Fiscal Year 2013 Budget by Increasing the Landfill Lateral Expansion Project Budget (Project 07013) by $15,468,548 to $24,113,548 and Increasing the Long Term Care Budget (Project 09010) by $18,415,000 to $19,865,000. GRIFFIN moved to adopt Ordinance No. FY2013 -01B in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance amended the Landfill Lateral Expansion Project and the Long Term Care Facility budgets. The landfill lateral expansion budget was amended with the following: • the Borough received an increase of $5,818,548 in the Alaska Clean Water Fund Loan; • the Borough sold $3,650,000 in revenue bonds; • the Borough was awarded a municipal matching grant of $3,000,000; and • the Borough received a $3,000,000 FY2012 legislative grant. Kodiak Island Borough Assembly Minutes March 21, 2013 Page 2 The Long Term Care Facility received the following funding: • the Borough Assembly approved a $20,000,000 Revenue Bond to construct a Long Term Care Center; and • the Long Term Care Center bonds would be paid by Medicaid. ROLL CALL VOTE ON MOTION CARRIED UANANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Stephens, and Stutes. Other Items 1. Direction to the Finance Director to Publish the 2012 Roll of Delinquent Taxes and Real Properties Subject to Foreclosure. GRIFFIN moved to direct the Finance Director to publish the 2012 roll of delinquent taxes and real properties subject to foreclosure in the Kodiak Daily Mirror and proceed with the foreclosure process as required in KIBC 3.35. At its March 7 regular meeting, the Assembly directed the Finance Officer to begin the foreclosure process by authorizing the creation of a foreclosure list that included those who had not paid their tax obligation. The next step was to direct the Finance Officer to publish the foreclosure list in the local newspaper stating that if taxes owed were not paid, a foreclosure list • would be presented to the Superior Court. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman. CITIZENS' COMMENTS Marilyn Guilmet thanked the Assembly for vacating the composting project at Middle Bay and addressed the health implications of using the composting material in the community. Ms. Guilmet suggested an advisory committee be formed to address the different issues. Betty MacTavish addressed the drinking water condition in Akhiok and the overall health conditions related to the water situation. ASSEMBLY MEMBER COMMENTS Assembly member Stephens commented on the recent letters to the editor in the Kodiak Daily Mirror relating to Assembly meetings. Assembly member Stephens requested that the Kodiak High School Addition and Renovation project information be discussed and available at regular meetings rather than at work sessions; and invited the public to review the Alaska Public Offices Commission (APOC) complaint filed by Mayor Selby against Assembly member Stephens. Assembly member Stutes addressed the dumpster issue and the problems connected with location, availability, and bears. Assembly member Bonney spoke about the Monashka Bay Road Service Area and the road maintenance contract bid process; and apologized to the community for not allowing Assembly member Stephens to speak in connection with the Alaska Public Offices Commission (APOC) complaint at the last regular meeting. Kodiak Island Borough Assembly Minutes March 21, 2013 Page 3 Assembly member Griffin spoke about the Service Area Boards and how they were managed and the need for competitive bids. He also spoke to the benefits of having large capital projects reimbursed and invited the public to be involved in the Kodiak High School Addition and Renovation project. Assembly member Kaplan addressed the drinking water conditions in Akhiok and the need for the Ouzinkie Dam to be replaced. Assembly Austerman spoke about the lack of public interaction and participation at Assembly meetings regarding the Kodiak High School Addition and Renovation project. Announcements The Borough Offices would be closed on Monday, March 25 in observance of Seward's Day. The next Assembly work session was scheduled on Thursday, March 28 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, April 4 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT GRIFFIN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. The meeting was adjourned at 8:25 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes March 21, 2013 Page 4 KODIAK ISLAND BOROUGH Assembly Regular Meeting April 4, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, April 4, 2013, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Borough Manager Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA KAPLAN moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award for March 2013 to Stephanie Brenteson, a Senior at Akhiok School. Mayor Selby proclaimed the month of April 2013 as "Child Abuse Prevention Month" and called upon all citizens to increase their participation in efforts to prevent child abuse, strengthening all communities in which we live. Mayor Selby proclaimed the month of April 2013 as "Sexual Assault Awareness Month" and encouraged all residents to support local activities and programs, which assist victims, and to learn more about the pervasiveness of sexual assault in Alaska so we may eliminate this heinous crime. CITIZENS' COMMENTS Steven Taufen spoke in support of funding centers that dealt with sexual assault. Mr. Taufen also addressed Senate Bill 54, the Assembly's need for transparency with the different fishery issues, and the local impact of fish being tendered in the Gulf of Alaska. Fred Roberts reported that the Bay View Road Service Area Board would not be renewing its road maintenance contract with the current contractor, and noted that the current contract needed to be more specific and comprehensive. Kodiak Island Borough Assembly Minutes April 4, 2013 Page 1 Sarah Thayer spoke against additional alternates being chosen for the Kodiak High School Addition and Renovation Project, and the Borough exchanging Borough land in Chiniak with Leisnoi. Rich Walker spoke in support of the Kodiak High School Addition and Renovation Project and the different alternates. Darren Platt questioned the process of the fishery groups, conflict of interest within the Kodiak Fisheries Work Group, and the Borough's transparency with fishery issues. Cindy Harrington spoke in support of the Choose Respect movement and event. Stephen Faust spoke about the Womens Bay Service Area Board meeting Tuesday, April 2, 2013, the road maintenance contract, and the required equipment to be used, specifically a gate. Scott Arndt spoke in support of the Mill Bay Parking Lot and Music Room additions in connection with the Kodiak High School Addition and Renovation contract alternates. COMMITTEE REPORTS Cindy Harrington of the Solid Waste Advisory Board (SWAB) Education and Outreach Committee gave a presentation of the accomplishments and goals of the Outreach Group, specifically addressing the different activities scheduled for the Community Cleanup Day. Next scheduled Education and Outreach Committee meeting was Tuesday, April 16, at 5:15 p.m. at Kodiak Fisheries Research Center. PUBLIC HEARING A. Ordinance No. FY2013 -01 B Amending Ordinance No. 2013 -01 Fiscal Year 2013 Budget by Increasing the Landfill Lateral Expansion Project Budget (Project 07013) by $15,468,548 to $24,113,548 and Increasing the Long Term Care Budget (Project 09010) by $18,415,000 to $19,865,000. KAPLAN moved to adopt Ordinance No. FY2013 -01 B. This ordinance amended the Landfill Lateral Expansion Project and the Long Term Care Facility budgets. The landfill lateral expansion budget was amended with the following: • the Borough received an increase of $5,818,548 in the Alaska Clean Water Fund Loan; • the Borough sold $3,650,000 in revenue bonds; • the Borough was awarded a municipal matching grant of $3,000,000; and • the Borough received a $3,000,000 FY2012 legislative grant. The Long Term Care Facility received the following funding: • the Borough Assembly approved a $20,000,000 Revenue Bond to construct a Long Term Care Center; and • the Long Term Care Center bonds would be paid by Medicaid. Kodiak Island Borough Assembly Minutes April 4, 2013 Page 2 Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Austerman, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens and Stutes (Noes). BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Attended the Incident Command Training in Anchorage; • Met with Captain Jerald Woloszynski on the Coast Guard Base about future growth and housing needs; • Outlined the Kodiak Capital Project List that was included in the Senate's Capital Project List (CSSB18); and • Asked if and when the Assembly would like to visit the Ouzinkie Dam. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby outlined the draft letter to the National Pacific Fishery Management Council requesting a discussion paper on the issue of tendering trawl- caught groundfish in the Gulf of Alaska. Consensus was given by the Assembly to send the letter to Denby Lloyd for distribution. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2013 -24 Approval of the Kodiak High School Addition and Renovation Project. GRIFFIN moved to authorize the Manager to execute Contract No. FY2013 -24 with Watterson Construction Company of Anchorage, Alaska for the Kodiak High School Addition and Renovation Project in an amount not to exceed $62,257,750. This contract was for the Kodiak High School Addition and Renovation project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda were available for review and work included site, utility and building improvements, and additions to the existing Kodiak High School. Work also included was approximately 77,000sf of new construction including a 4 -story tower, commons, and other new construction, and approximately 90,000sf of selective demolition and renovation of the existing facility. Site work included replacement of existing utility services, parking, and driveway improvements for a total of approximately 386 privately operated vehicles, landscaping, site lighting, and other improvements. Work also included heating control and metering for the adjacent existing swimming pool and Gerald C. Wilson Auditorium. Kodiak Island Borough Assembly Minutes April 4, 2013 Page 3 Bids were received in response to KIB's Invitation to bid dated January 13, 2013. Staff, along with the architect reviewed the base bids and alternate bid items and forwarded a recommendation of award to the Kodiak Island Borough School District (KIBSD) Board of Education for review and subsequent approval. The Board approved a recommendation to award the base bid and additive alternates one and eight for a total contract award of $62,257,750. Watterson Construction Company was the lowest responsible /responsive bidder. The KIBSD Board recommended the two alternates, Mill Bay Road Parking Lot and Music Room, to be included in the Watterson Construction contract. Engineering and Facilities Director Koning gave a power point presentation outlining costs of alternates and impacts on the total project budget. KAPLAN moved to amend Contract No. FY2013 -24 Approval of the Kodiak High School Addition and Renovation Project by adding alternate #2 (exterior cladding) and alternate #6 (fuel oil tank). ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO TWO: Stephens, Stutes, Bonney, and Austerman (Noes); Griffin and Kaplan (Ayes). ROLL CALL VOTE ON MAIN MOTION CARRIED SIX TO ONE: Bonney, Griffin, Kaplan, Lynch, Stutes, and Austerman (Ayes); Stephens (No). Resolutions None. Ordinances for Introduction None. Other Items 1. Confirmation of the Mayoral Appointment for a Two -Year Term on the Prince William Sound Regional Citizens' Advisory Council. STUTES moved to confirm the mayoral appointment of Mr. Emil Christiansen for a two year term on the Prince William Sound Regional Citizens' Advisory Council. Mr. Iver Malutin's term on the Prince William Sound Regional Citizens' Advisory Council would expire May 2013. Mr. Malutin noted that he would be unable to commit to another term. This seat was discussed during the Kodiak Island Mayors Conference. Village Mayors were informed about the seat and asked if anyone would like to assume the seat on the Council. Mr. Christiansen volunteered to serve as the representative on the Council. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. Kodiak Island Borough Assembly Minutes April 4, 2013 Page 4 2. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission City Seat. GRIFFIN moved to confirm the appointment of Bill Kersch to the Planning and Zoning Commission City seat for a term to expire December 31, 2013. There was a vacant City seat on the Planning and Zoning Commission. Applications were received from Mr. Bill Kersch and Mr. John Kennedy for the vacant seat term to expire December 2013. The Kodiak City Council met on Thursday, March 28 and recommended that the Borough Assembly confirm the appointment of Mr. Bill Kersch to the vacant City seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, Bonney, and Griffin. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stephens expressed his concern about the landfill and revenue bonds not going to the public for a vote. Assembly member Stutes spoke about the lack of dumpsters in the community and announced that citizens with garbage or dumpster problems should call the Borough Manager. Assembly member Bonney spoke about the seafood industry being an economic engine in Kodiak and the importance of fish being delivered to Kodiak processors. Assembly member Griffin spoke in support of fish being delivered to Kodiak processors, urged fishery committee representatives to address the issue, and thanked staff for their support and availability with financial information in connection with the Kodiak High School Addition and Renovation project. Assembly member Kaplan supported the issue of preventing fish being delivered outside of Kodiak and thanked the Borough staff for their presentation and detailed financial information for Contract No. FY2013 -24. Assembly member Lynch and Austerman congratulated Stephanie Brenteson as Student of the Month, thanked Cindy Harrington for her Education Outreach presentation, and encouraged support of the Outreach Committee. Assembly member Austerman thanked the Borough staff for their work with the Kodiak High School Addition and Renovation project and contracts. Kodiak Island Borough Assembly Minutes April 4, 2013 Page 5 Announcements The Assembly and City Council scheduled a Joint Work Session on Tuesday, April 9 at 6:30 p.m. in the Borough Assembly Chambers. The next Assembly work session was scheduled on Thursday, April 11 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, April 18 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Griffin, and Kaplan. The meeting was adjourned at 9:30 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Assembly Minutes April 4, 2013 Page 6 ct ' =, KODIAK ISLAND BOROUGH ' AGENDA STATEMENT 12 "I k " � REGULAR MEETING OF: APRIL 18, 2013 ITEM NO.: 13.A.1 TITLE: Contract No. FY2013 -25 Karluk School Oil Tank Procurement. ORIGINATOR: E/F Staff FISCAL IMPACT: ® Yes $41,345 or ❑ No Funds Available ® Yes ❑ No Account Number: 469 -614 452.160 Amount Budgeted: $91,515 11009.6A.A ATTACHMENTS: Contract No. FY2013 -25; Attachments jiti APPROVAL FOR AGENDA: SUMMARY STATEMENT: Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for the procurement of a aboveground fuel storage tank for the Karluk Underground Storage Tank Replacement project. The Tank Replacement project involves decommissioning four (4) existing underground fuel storage tanks at the Karluk School and replacing them with one aboveground fuel storage tank. This scope of work is currently out for bid. The State of Alaska Department of Environmental Conservation has mandated that KIB complete this work no later than September 30, 2013. In order to meet this schedule it is necessary for KIB to purchase the new fuel tank and have it shipped to Kodiak where it will be turned over to the contractor selected for the Tank Replacement project. An invitation to bid for the tank procurement was issued on March 21, 2013, and bids were opened on April 2, 2013. Two bids were received and staff has determined that Greer Tank Inc. on Anchorage, Alaska was the lowest responsible bidder. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract FY2013 -25 with Greer Tank Inc. of Anchorage, Alaska for the Karluk School Oil Tank Procurement in the amount not to exceed $41,345. Kodiak Island Borough Page 1 of 1 OWNER — DISTRIBUTORIMANU FACT URER AGREEMENT Contract No. FY2013 -25 THIS AGREEMENT, made this day of ,A.D.,2013, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Greer Tank Inc. of Anchorage, Alaska, hereinafter called the Distributor. WITNESSETH: That the Distributor, 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 an OIL TANK for the Kodiak Island Borough per the Specifications [part of the Contract Documents] for same and for the sum of Forty One Thousand Three Hundred Forty Five (41,345) Dollars. The Distributor further covenants and agrees that the manufacturing of said OIL TANK shall be done 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 Distributor further covenants and agrees that the manufacturing of said OIL TANK 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 Specifications: that he will abide by and perform all stipulations, covenants, and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Contract, 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 Distributor. To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and /or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this Agreement. The agreement entered into by the acceptance of the Distributor's bid and the signing of this KARLUK SCHOOL AGGREEMENT OIL TANK PROCUREMENT 00501 - 1 Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. I. This Agreement 2. Specifications 3. Instructions to Bidders 4. Bid Schedule In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be 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. The Distributor further covenants and agrees that said OIL TANK shall be furnished and delivered to the satisfaction of the herein aforementioned Borough Manager, on or before JUNE 24, 2013. It is expressly understood and agreed that in case of the failure on the part the Distributor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said OIL TANK 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 Distributor, 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 delivery in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Distributor of the existing causes over which said Distributor has no control and which must delay the delivery of said OIL TANK, the Borough Manager may at his discretion, extend the period herein before specified for the delivery of the said OIL TANK, and in such case the Distributor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Distributor hereby agrees to receive the prices set forth in the proposal as full compensation for delivering the OIL TANK to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Distributor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30J days of delivery, acceptance by the Kodiak Island Borough and invoicing by Distributor. 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 Greer Tank Inc. have hereunto set their hands and seals, the day and year first above written. KARLUK SCHOOL AGGREEMENT • OIL TANK PROCUREMENT 00501 - 2 KODIAK ISLAND BOROUGH DISTRIBUTOR By B Charles E. Cassidy, Jr. r 8 -1 e Borough Manager Title: • _ ‘DA.tc By Woody Koning Engineering /Facilities Director Attest: By Nova M. Javier, CMC Borough Clerk KARLUK SCHOOL AGCREEMENT OIL TANK PROCUREMENT 00501 - 3 Karluk School Oil Tank Procurement Bid Tabulation Bid Opening: 4/2/13 3:00 PM No. SUPPLIER BASE BID 1 I Greer Tank Inc. I $ 41,345 2 I Anchorage Tank & Welding I $ 43,980 NOTICE OF INTENT TO AWARD KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6398 To: Greer Tank, Inc. 2921 W. International Airport Road Anchorage, AK 99502 Re: Karluk School Oil Tank Procurement The Owner has considered the bid submitted by you for the above - described work in response to its Notice of Invitation to Bid dated March 21, 2013. You are hereby notified that your proposal in the not to exceed amount of $41,345.00 has been accepted and recommended for award of contract. However, please be advised that this Notice of Intent to Award does not obligate the Borough. KIB does not enter into a legal binding agreement until the Agreement has been signed and received administrative or Assembly approval. DEED requirements dictate a 10 day protest period beginning the date of the Notice of Intent to Award. At the end of that period, and barring any protests, you are required to execute an Agreement, including Scope of Work, agreed upon fees and proof of liability and worker's compensation insurance. If you fail to execute the said agreement and furnish required documentation within 10 days from this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your proposal to be abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Intent to Award to the Owner. Dated this 4,a of -Seed , 2013. "nib e By:6 -44 - 4-` d#.na % • Charles E. Cassidy Jr., Borough Man r O - , try �� 0 ATTEST: /.... 14 15 , #1/44b" Nova M. Jav, CMC Borough C1: ACCEPTANCE OF INTENT TO AWARD Receipt of the foregoing Notice of Intent to Award is hereby acknowledged. o Dated this 7 day of APP-4 2013. By 1 J Title: TOOL J tCria $- KODIAK ISLAND BOROUGH ' K . AGENDA STATEMENT REGULAR MEETING OF: APRIL 18, 2013 ITEM NO.: 13.A.2 TITLE: Contract No. FY2013 -26 Landfill Lateral Expansion Phase III Leachate Treatment Plant Metal Building Procurement. ORIGINATOR: Projects Manager FISCAL IMPACT: ® Yes $470,735 or ❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Contract No. FY2013 -26; Recommended Award from CH2MHILL, Notice of Intent to Award APPROVAL FOR AGENDA: / j SUMMARY STATEMENT: Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. Kodiak Island Borough solicited bids to procure a Metal Building System for the Leachate Treatment Plant as part of the Landfill Lateral Expansion. The 127' 4" x 87" 4" building package will be erected as part of the Phase III project, by the Phase III general contractor (TBD). Two bids were received and ASRC was recommended by CH2MHILL as the responsive low bidder on the project. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2013 -26 with ASRC Builders, LLC for the Landfill Lateral Expansion Phase III Leachate Treatment Plant Metal Building Procurement in the amount not to exceed $470,735. Kodiak Island Borough Page 1 of 1 KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 LEACHATE TREATMENT PLANT METAL BUILDING SYSTEMS AGREEMENT FORM THIS AGREEMENT is between KODIAK ISLAND BOROUGH ( "Buyer ") and ASRC BUILDERS, LLC ("Seller "). Buyer and Seller, hereby agree as follows: GOODS AND SPECIAL SERVICES. 1.1. Seller shall furnish Goods and Special Services as specified or indicated in the Contract Documents. Goods and Special Services to be furnished are described in Section 01 1 119, Summary. 2. THE PROJECT. 2.1. The Project for which Goods and Special Services to be provided under these Contract Documents may be the whole or only a part of is generally described as follows: 2.1.1. Procurement of Metal Building Systems for the Kodiak Island Borough Landfill Lateral Expansion Phase 3 Leachate Treatment Plant. 3. ENGINEER. 3.1. The Contract Documents for the Goods and Special Services have been prepared by CH2M HILL, Inc., who is hereinafter called Engineer and who is to assume all duties and responsibilities, and have rights and authority assigned to Engineer in the Contract Documents in connection with furnishing of Goods and Special Services. 4. POINT OF DESTINATION. 4.1. The place where the Goods are to be delivered is defined in the General Conditions as the Point of Destination and is designated as Kodiak Island, Alaska. 5. CONTRACT TIMES. 5.1. Time of the Essence: All time limits for Milestones, if any, and delivery of Goods and furnishing of Special Services as stated in the Contract Documents are the essence of the Contract. PW /WBG /354650 -MB AGREEMENT FORM FEBRUARY 2013 00 52 63 - 1 ©COPYRIGHT 2013 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 LEACHATE TREATMENT PLANT METAL BUILDING SYSTEMS 5.2. Date for Submittal of Shop Drawings: Shop Drawings and Samples required by the Contract Documents shall be submitted to Engineer for review and approval in accordance with Section 01 30 00, Administrative Requirements. 5.3. Date for Delivery of Goods: Deliver Goods to the Point of Destination and ready for Buyer's receipt of delivery. It is anticipated that goods will be delivered based on the anticipated Project schedule detailed in Section 01 29 00, Measurement and Payment, depending on the Construction Contractor's actual progress schedule. 5.4. Days for Furnishing Special Services: The furnishing of Special Services to Buyer will commence as detailed in Section 01 43 34, Special Services. 5.5. Liquidated Damages: Buyer and Seller recognize time is of the essence of this Agreement and that Buyer will suffer financial loss ifGoods are not delivered at the Point of Destination and ready for receipt of delivery by Buyer within times specified in Paragraph 5.3, Date for Delivery of Goods herein, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize timely performance of services by others involved in the Project are materially dependent upon Seller's specific compliance with requirements specified in Date for Delivery of Goods. Further, they recognize the delays, expense, and difficulties involved in proving actual loss suffered by Buyer if complete acceptable Goods are not delivered on time. Liquidated damages shall be the actual damage incurred. 6. CONTRACT PRICE. 6.1. Buyer shall pay Seller for furnishing Goods and Special Services in accordance with the Contract Documents in current funds as follows: A Contract Price of Four Hundred Seventy Thousand Seven Hundred Thirty Five Dollars and no Cents.$470,735.00 (Amount written in words has precedence) 6.2. Contract Price shall remain firm until a purchase order has been issued by the Construction Contractor who has accepted the assignment of the Contract. AGREEMENT FORM PW /WBG /354650 -MB 00 52 63 - 2 FEBRUARY 2013 ©COPYRIGHT 2013 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION P} -IASE 3 LEACHATE TREATMENT PLANT METAL BUILDING SYSTEMS 7. PAYMENT PROCEDURES. 7.1. Submission and Processing of Payments: Seller shall submit Applications for Payment in accordance with the Supplementary Conditions and Section 01 29 00, Measurement and Payment. Applications for Payment will be processed by Engineer in accordance with the Supplementary Conditions and Section 01 29 00, Measurement and Payment. 8. INTEREST. 8.1. All monies not paid when due as provided in Article 13 of the General Conditions shall bear interest at the rate 1-1/2 percent per month. 9. SELLER'S REPRESENTATIONS. 9.1. In order to induce Buyer to enter into this Agreement, Seller makes the following representations: 9.1.1. Seller has examined and carefully studied the Contract Documents and other related data identified in Bidding Documents. 9.1.2. If specified, or if in Seller's judgment, any local condition may affect cost, progress or furnishing of Goods and Special Services, Seller has visited the Point of Destination and become familiar with and is satisfied as to local conditions that may affect cost, progress, or furnishing of Goods and Special Services. 9.1.3. Seller is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, and furnishing of Goods and Special Services. 9.1.4. Seller has carefully studied and correlated information known to Seller, and information and observations obtained from Seller's visits, if any, to the Point of Destination, with the Contract Documents. 9.1.5. Seller has given Engineer written notice of all potential conflicts, errors, ambiguities, or discrepancies that Seller has discovered in the Contract Documents, and written resolution thereof by Engineer is acceptable to Seller. 9.1.6. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services. PW /WBG /354650 -MB AGREEMENT FORM FEBRUARY 2013 00 52 63 - 3 ©COPYRIGHT 2013 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 LEACHATE TREATMENT PLANT METAL BUILDING SYSTEMS 10. CONTRACT DOCUMENTS. 10.1. Contents: The following Contract Documents are attached to this Agreement and arc listed in order of precedence, with highest precedence listed first. In the case of any inconsistency or conflict between Contract Documents listed, the interpretation of the document with the highest precedence shall govern. 10.1.1. This Agreement (pages 1 to , inclusive); 10.1.2. Exhibits to this Agreement (enumerated as follows): 10.1.2.1. Exhibit A -1 to Agreement between Buyer and Seller dated, Assignment of Contract; Consent to Assignment; and Acceptance of Assignment; 10.1.2.2. Exhibit A -2 to Agreement between Buyer and Seller dated , Agreement to Assignment by Seller's Surety; 10.1.3. Performance Bond (pages I to , inclusive); 10.1.4. Payment Bond (pages 1 to , inclusive); 10.1.5. Addenda (Numbers to , inclusive); 10.1.6. Supplementary Conditions (pages to inclusive); 10.1.7. General Conditions (pages 1 to 65, inclusive); 10.1.8. Specifications as listed in Table of Contents of the Project Manual; 10.1.9. Drawings; 10.1.10. Seller's Bid (pages to inclusive); 10.1 .11. Documentation submitted by Seller prior to Notice of Award (pages to .inclusive); 10.2. Any of the following may be delivered or issued on or after the Effective Date of the Agreement and will then become part of the Contract Documents: 10.2.1. Notice to Proceed (pages _ to , inclusive); 10.2.2. Written Amendment(s); AGREEMENT FORM PW /WBG /354650 -MB 00 52 63 - 4 FEBRUARY 2013 ©COPYRIGHT 2013 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PI -IASE 3 LEACHATE TREATMENT PLANT METAL BUILDING SYSTEMS 10.2.3. Change Order(s); 10.2.4. Field Order(s); 10.2.5. Engineer's Written Interpretation(s). 10.3. There are no Contract Documents other than those listed above in this Article. 10.4. The Contract Documents may only be amended, or supplemented as provided in the General Conditions. I I. MISCELLANEOUS. 1 1.1. Defined Terms: Terms used in this Agreement will have the meanings indicated in the General Conditions and the Supplementary Conditions and in the Instructions to Bidders. 11.2. Assignment: 1 1.2.1. Buyer has right to assign the Contract for furnishing Goods and Special Services hereunder and Seller shall accept such assignment. Forms documenting assignment of the Contract and consent of Seller's surety to the assignment are attached as exhibits to this Agreement. 11.2.1.1. The Contract will be executed in the name of Owner as the Buyer initially, and will be assigned to a Construction Contractor (assignee) designated by Buyer. Assignment will occur on the effective date of the Agreement between Buyer and Construction Contractor, which is expected to occur on or about April, 29 2013. As of the date of acceptance of assignment by assignee, all references in the Contract Documents to Buyer shall mean designated assignee. 11.2.1.2. Assignment of the Contract shall relieve Buyer from all further obligations and liabilities under the Contract. After assignment, Seller shall become a subcontractor or supplier to assignee and, except as noted herein, all rights, duties, and obligations of Buyer under the Contract shall become the rights, duties, and obligations of assignee. 11.2.1.3. After Assignment: 11.2.1.3.1. All performance warranties and guarantees required by the Contract Documents will continue to run for PW /WBG /354650 -MB AGREEMENT FORM FEBRUARY 2013 00 52 63 - 5 ©COPYRIGHT 2013 CH2M 1 -TILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 LEACHATE TREATMENT PLANT METAL BUILDING SYSTEMS the benefit of Buyer and, in addition. for the benefit of assignee. 11.2.1.3.2. Except as provided in this Paragraph, all rights, duties, and obligations of Engineer to assignee and Seller under this Contract will cease. 11.2.1.3.2.1. Engineer will review Seller's Applications for Payment and make recommendations to assignee for payments as provided in Article 13 of the General Conditions. 11.2.1.3.2.2. Upon written request of either assignee or Seller, Engineer will issue with reasonable promptness such clarifications or interpretations of the Contract Documents, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such written clarifications and interpretations will be final and binding on assignee and Seller unless: 11.2.1.3.2.2.1. An appeal from Engineer's clarification or interpretation is made within the time limits and in accordance with the dispute resolution procedures set forth in Article 15 of the General Conditions; or 11.2.1.3.2.2.2. If no such dispute resolution procedures have been set forth, a written notice of intention to appeal is delivered by assignee or Seller to the other party within 30 days after the date of such decision, and a formal proceeding is instituted by appealing party in a forum of competent jurisdiction within 60 days after the date of such decision (unless otherwise agreed to in writing by assignee and Seller), to exercise such rights or remedies as appealing party may have with respect to such clarification or interpretation in accordance with applicable Laws and Regulations. AGREEMENT FORM PW /WBG /354650 -MB 00 52 63 - 6 FEBRUARY 2013 ©COPYRIGHT 2013 CH2M 1 -TILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 LEACHATE TREATMENT PLANT METAL BUILDING SYSTEMS 11.2.1.3.2.3. When rendering such a clarification or interpretation, Engineer will not show partiality to assignee or Seller and will not be liable in connection with any clarification or interpretation rendered in good faith. 11.2.2. No other assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound. Specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge assignor from any duty or responsibility under the Contract Documents. 11.3. Successors and Assigns: Buyer and Seller each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 11.4. Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Buyer and Seller. The Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 11.5. Buyer's Final Inspection: 11.5.1. Buyer shall make its final inspection of the Goods pursuant to Article 13 of the General Conditions within 5 days after Buyer's acknowledgement of receipt of delivery of the Goods and Seller's completion of furnishing Special Services, if any. Date shall be adjusted equitably if Seller fails to deliver the Goods or furnish Special Services in compliance with the Milestones established in above paragraphs of this Agreement. 11.6. Liquidated Damages: Buyer and Seller recognize that Buyer will suffer financial loss if Goods are not delivered at the Point of Destination and ready for receipt of delivery by Buyer within times specified in Paragraph Date for Delivery of Goods herein, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize timely performance of services by others involved in the Project are materially dependent upon Seller's specific PW /WBG /354650 -MB AGREEMENT FORM FEBRUARY 2013 00 52 63 - 7 ©COPYRIGHT 2013 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 LEACHATE TREATMENT PLANT METAL BUILDING SYSTEMS compliance with requirements specified in Date for Delivery of Goods. Further, they recognize the delays, expense, and difficulties involved in proving actual loss suffered by Buyer if complete acceptable Goods are not delivered on time. Liquidated damages shall be the actual damage incurred for each day that expires after the time specified in Paragraph Dale ibr Delivery of Goods. IN WITNESS WHEREOF, Buyer and Seller have signed this Agreement . Counterparts have been delivered to Buyer and Seller. All portions of the Contract Documents have been signed or identified by Buyer and Seller or on their behalf. This Agreement will be effective on _,4_ � _2-O43 (which is the Effective Date of the Agreement). (dale) Buyer: Seller: AC- LLG- By: By: ,r?_ (Corporate Seal) — ( oyora . ea I) Attest: Attest: Address for giving notice: Address for giving notice: • e i C (If Buyer is a corporation, attach evidence of Agent for service of process: authority to sign. If Buyer is a public body, 225 d�Ant attach evidence of authority to sign and resolution or other documents authorizing C �L. hGtF�A_ t1>JL j SOITc. Z3t- execution of Buyer-Seller Agreement.) �UtS atilr _ c 1g c ob t (If Seller is a corporation or a partnership, Designated Representative: attach evidence of authority to sign.) Name: Designated Representative: Title: Name: .gj2,peb S12{k( ki , Address: Title: 2>k�2fL.4ti& t-4 F 4M tC AGREEMENT FORM PW /WBG /354650 -MB 00526, -3 FEBRUARY 2013 <hCOPYRIGHT 2013 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 I,EACHATE TREATMENT PLANT METAL BUILDING SYSTEMS Sat Cd — ) S)ITE 3A' Phone: Address: A14c4t � 9y" 3 Facsimile: Phone: (4159 443- 2312. - Facsimile: (q') 334 - X 564 — END OF SECTION PW /WBG/354650 -MB AGREEMENT FORM FEBRUARY 2013 005263 -9 ©COPYRIGHT 2013 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 LEACI -IATE TREATMENT PLANT METAL BUILDING SYSTEMS EXHIBIT A -I to Agreement between Buyer and Seller Dated: ASSIGNMENT OF CONTRACT; CONSENT TO ASSIGNMENT; AND ACCEPTANCE OF ASSIGNMENT This assignment will be effective on the Effective Date of the Agreement between Buyer and Construction Contractor. The Contract between ("Buyer") and ("Seller") for furnishing Goods and Special Services under the Contract Documents entitled is hereby assigned, transferred, and set over to ("Construction Contractor''). Construction Contractor shall be totally responsible for the performance of Seller and for the duties, rights, and obligations of Buyer, not otherwise retained by Buyer, under the terms of the Contract between Buyer and Seller. ASSIGNMENT DIRECTED BY: Buyer (If Buyer is a corporation, attach evidence of authority to sign. If Buyer is a public By: body, attach evidence of authority to sign (Signature) (Title) and resolution or other documents authorizing execution of Buyer - Seller Agreement.) ASSIGNMENT ACKNOWLEDGED AND ACCEPTED BY: Seller (If Seller is a corporation, attach evidence By: of authority to sign.) (Signature) (Title) ASSIGNMENT ACCEPTED BY: (If Construction Contractor is a Construction Contractor corporation, attach evidence of authority to sign.) By (Signature) (Title) PW /WBG /354650 -MB AGREEMENT FORM FEBRUARY 2013 00 52 63 EXHIBIT A -I - 1 ©COPYRIGHT 2013 CH2M HILL KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION PHASE 3 LEACI -IATE TREATMENT PLANT METAL BUILDING SYSTEMS EXHIBIT A -2 to Agreement between Buyer and Seller Dated: AGREEMENT TO ASSIGNMENT BY SELLER'S SURETY Surety hereby acknowledges and agrees that the Contract for furnishing Goods and Special Services under the Contract Documents entitled by and between ("Buyer ") and ( "Seller ") may be assigned, transferred, and set over to ("Construction Contractor "), in accordance with Article Miscellaneous, subparagraph, Assignment of Contract. Surety further agrees that, upon assignment of the Contract, Construction Contractor shall have all the rights of Buyer under the Supply Contract Bond. Surety (Corporate Seal) Company: Bv: Signature and Title (Attach Power of Attorney) PW /WBG /354650 -MB AGREEMENT FORM FEBRUARY 2013 00 52 63 EXHIBIT A -2 - I ©COPYRIGHT 2013 CH2M HILL ASRC Builders, LLC Brechan Enterprises, Inc. Project: KIB Landfill Lateral Expansion Brady Strahl Angela McFarland Bid Open Date: 03.18.2013 2:03 PM bstrahl @abl.asrc.com belcontracts @gcl.net [Description I QuantltylUoM Unit Cost' Total Cost Unit Cost' Total Cost Base Bid 01 IMetal Building System I 1IEA 470,735.00 470,735.00 664,000.00 664,000.00 Base Bid Cost Total 470,735.00_ 664,000.00 ( Bid Summary Base Bid Total I I 470,735.001 I 664,000.001 (Bidder Qualification Notes /None. I CH2M HILL O 949 E. 36th Avenue, Suite 500 CH2IMHILL Anchorage, AK 99508 "WI"' Tel 907.762.1500 Fax 907.257.2000 March 25, 2013 Jessica Wolfe Project Manager Kodiak Island Borough Engineering & Facilities Dept. RE: Landfill Lateral Expansion Leachate Treatment Plant Metal Building Procurement Dear Ms. Wolfe: CH2M HILL has reviewed technical information and clarifications provided by the apparent low bidder for the subject procurement and found it to be consistent with requirements in the bid documents. We therefore recommend award of this procurement to ASRC Builders, LLC. CH2M HILL Cory s Proje Manager Copies: Dave Conrad /KIB Kelsea Kearns /KIB Barb Engleson /CH2M HILL Liao Yang/ CH2M HILL • �tia �r Kodiak Island Borough r -.Aft OFFICE of the MANAGER • F {_ J 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9301 Fax (907) 486 -9374 ESE ' E - mail: 1whiddonEtkib.co.kodiak.ak.us NOTICE OF INTENT TO AWARD To: ASRC Builders, LLC Brady L Strahl, Operations Manager 3900 C Street, Suite 303 Anchorage, AK 99503 Re: Landfill Lateral Expansion Phase III Leachate Treatment Plant Metal Building System The Owner has considered the bid submitted by you for the above - described work in response to its Notice Inviting Bids dated March 18, 2013. You are hereby notified that your proposal has been accepted. However, please be advised that this Notice of Intent to Award does not obligate the Borough. KIB does not enter into a legal binding agreement until the Agreement has been signed and received administrative or Assembly approval. You are required under the terms of the Notice Inviting Bids and the Information to Bidders to execute an Agreement and furnish the required bonds and certificates of insurance within ten (10) calendar days from the date of this Notice. If you fail to execute said Agreement and furnish said bonds and certificates of insurance within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid to be abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this ;Notieeof Intent to Award to the Owner. Dated this 26 day . M. 0213. Charles Cassidy, Borough Manager "Y< I ATTEs � No a M. Javier B. ough Clerk C'r . ( 4 .1 v 1 Jst ACCEPTANCE OF INTENT TO AWARD Receipt of the foregoing Notice of Intent to Award is hereby acknowledged. By: r 1. ecniart.. Dated this Z.% day of MDakeO 13. By: 3it:p 1_.. 5 Sr2A'trt . Title: e9 za yS r 4LAAV"- Landfill Lateral Expansion Construction Design Estimated Budget January 25, 2013 Landfill Expansion Phase I, II & III 10/10/2012 Budget Budget Budget Phase I Phase II Phase Ill $3,838,720 $10,374,400 $6,592,000 $20,805,120 Total Landfill Expansion Phase 1, II & III 1/20/2013 Budget Budget Budget Phase I Phase II Phase III $3,838,720 $10,374,400 $10,848,000 $25,061,120 Total $3,759,168.0 15% Contingency Budget Estimate $28,820,288 Eligible Funding Source $2,612,000 Clean Water Fund loan $6,033,000 Clean Water Fund loan amendment $3,000,000 FY 12 Municipal matching grant $3,000,000 FY 12 Legislative Grant $3,600,000 Revenue bonds $5,818,548 FY13 loan amount $24,063,548 $3,000,000.00 FY13 Municipal matching grant pending $3,615,542.00 FY13 Legislative grant pending $6,615,542.00 $30,679,090 Projected funding total including pending state requests Budget Estimate $28,820,288 Funding Available as of 1/17/13 $24,063,548 Remaining Needed ($4,756,740) Page 1 Landfill Lateral Expansion Construction Design Estimated Budget Phase Ill Lateral Expansion Estimates Site Work 7,500.000 (Brerhan Ch Ord #4 Site Work Movel L Building 2,000,000 Building Package, Erection etc. I swa system 2,650,000 Facility Mechanicals 1,500,000 Design Services 750,000 Eng. Services During Construction 350,000 Chemical Storage 290,000 Phase 111 Budget Increases DEC Regulatory Requirement P & Z Buffer Requirements $1,808,000.00 Estimated Costs Additional Storm Water Plant Operating Costs Page 2 "',.µ., KODIAK ISLAND BOROUGH 0 y AGENDA STATEMENT REGULAR MEETING OF: APRIL 18, 2013 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2013 -29 Accepting the Recommendation of the Planning and Zoning Commission Recommending the Disposal of Certain Borough Land as Surplus to the Public's Need to be Sold at a Future Land Sale (P &Z Case 13 -019, Chiniak). ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -29; P &Z Resolution; P &Z Case Packet and backup materials. APPROVAL FOR AGENDA: � t , SUMMARY STATEMENT: Per KIBC 18.20.030 - Review by planning commission — Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. The Borough Resource Management Officer identified one parcel of land which may be suitable for disposal at a future land sale. At this primary stage of review, all that is required is a determination by the Assembly that the land identified is surplus to the borough public's need. There is no adopted plan guidance indicating a need for the lands reviewed in this case to be required for any particular public purposes. Should the Assembly approve the disposal of this parcel, an additional zoning review will be required before this lot may be considered fit for disposal. The Planning and Zoning Commission held a public hearing on this request and found the request is consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -29. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Planning and Zoning Commission 3 Drafted by: Community Development Acting Director 4 Introduced on: 04/18/2013 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2013 -29 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 11 ACCEPTING THE RECOMMENDATION OF THE PLANNING AND ZONING 12 COMMISSION RECOMMENDING THE DISPOSAL OF CERTAIN BOROUGH 13 LAND AS SURPLUS TO THE PUBLIC'S NEED AND TO BE SOLD 14 AT A FUTURE LAND SALE (P &Z CASE 13 -019, CHINIAK) 15 16 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed 17 disposal of Borough land to be reviewed by the Planning and Zoning Commission before 18 submission to the Assembly; and 19 20 WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to 21 make a recommendation on the disposal(s) by resolution before it is forwarded to the 22 Borough Assembly; and 23 24 WHEREAS, the principal purpose of the Commission review is to determine if the land 25 identified for disposal is surplus to the Borough's need; and 26 27 WHEREAS, the parcel proposed for disposal by the Borough Resource Management 28 Officer has not previously been considered for disposal by the Borough Assembly; and 29 30 WHEREAS, the Planning and Zoning Commission has found that the parcel identified 31 below for disposal is surplus to the public's need based on its review; and 32 33 WHEREAS, the Planning and Zoning Commission held a public hearing on March 20, 34 2013, and is recommending the disposal of the parcel listed below. 35 36 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 37 ISLAND BOROUGH THAT: 38 39 Section 1: The Kodiak Island Borough Planning and Zoning Commission, in 40 accordance with Title 18 of the Kodiak Island Borough Code, recommends 41 disposal of the borough's interest in the following parcel of land comprising 42 2.33 acres of property described as Lot 5B, Block 1, Chiniak Alaska 43 Subdivision. 44 45 Kodiak Island Borough, Alaska Resolution No. FY2013 -29 Page 1 of 2 46 Section 2: The Kodiak Island Borough Planning and Zoning Commission, in 47 accordance with Title 18 of the Kodiak Island Borough Code, has 48 determined after a public hearing on March 20, 2013, that the 49 aforementioned property is hereby surplus to the public's need. 50 51 Section 3: The aforementioned lot, which will require re- zoning in order to be made 52 suitable for disposal, should be offered to the public for disposal in a 53 subsequent borough land sale. 54 55 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 56 THIS DAY OF 2013 57 58 KODIAK ISLAND BOROUGH 59 60 61 62 ATTEST: Jerome M. Selby, Borough Mayor 63 64 65 66 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2013 -29 Page 2 of 2 Kodiak Ind,,, ; ; d ®rough lk A j� / Community Development Department ` ' � y , 710 Mill Bay Road v Kodiak, Alaska 99615 Pr% Phone (907) 486 -9363 Fax (907) 486 -9396 March 27, 2013 Mr. Bob Scholze, Borough Resource Officer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Case 13 -019. Request a Land Disposal Review, according to KIBC 18.20.030 A, of proposed Lot 5B, Block 1, Chiniak Alaska Subdivision. Dear Mr. Scholze: The Kodiak Island Borough Planning & Zoning Commission at their March 20, 2013 regular meeting determined the property is surplus to the borough's needs and granted approval by Resolution FY 2013- 06 with a recommendation to the Assembly. The commission's resolution, recommendation, and other packet materials will be forwarded to the Assembly. Please contact the Clerk's Office at 486 -9310 for information on when this item will be scheduled to be heard by the Assembly. Sincerely, CrlaOa. �D Sheila Smith, Secretary Community Development Dept. CC: Nova Javier, Borough Clerk KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2013 -06 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF PROPOSED LOT 5B, BLOCK 1, CHINIAK SUBDIVISION, A 2.33 ACRE LOT, AS LAND SURPLUS TO THE PUBLIC'S NEED. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal(s) by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to consider if the land identified is surplus to the Borough's need; and, WHEREAS, the proposed parcel has not previously been considered for disposal by the Borough Assembly; and, WHEREAS, the Planning & Zoning Commission has found that the parcel identified below for disposal is surplus to the public's need based on its review; and, WHEREAS, the Planning & Zoning Commission held a public hearing on February 20, 2013 and is recommending the disposal of the following parcels: NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the boroughs interest in proposed Lot 5B, Block 1, Chiniak Subdivision, a 2.33 acre lot. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code has determined, after a public hearing on February 20, 2013, that the aforementioned property is hereby surplus to the public's need. Section 3: The aforementioned land, should be offered to the public for disposal in a subsequent land sale. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 20 DAY OF MARCH. PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST Sheila Smith, Secretary 7Kodiak Island Borough Planning & Zoning Commission Minutes March 20, 2013 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the March 20, 2013 regular meeting of -the Planning and Zoning Commission at 6:34 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, Rick / V�ah Sonny - Vinberg, Kathy Drabek, and Frank Peterson. C I \ \ G) Case 13 -019. Request a Land Disposal Review, according to KIBC 18.20.030 A, of proposed Lot 5B, Block 1, Chiniak Alaska Subdivisiio applicant is the Kodiak Island Borough, and the agent is Bob Scholze, Borough Resource Management Officer. The location is Lot 5B, Block 1, Chiniak AK Subdivisfon;Block 1 Portion of. The zoning is PL- Public Use Land. Lydick reported this request for aCdisposa l_of pu \"lands was brought forward by the borough. The request seeks an expansioirofIlie Co finding in Case No. 13 -002, that certain lands owned by the Kodiak(Is Bo l andNrough� are surplus to the public's need. Eight public hearing notices were sent out for Due to the nature of the disposal review, no public review agencies welt-noticed. Staff recommended forwarding this request for disposal of an interest in borough landslto the borough assembly with a recommendation for approval. (r- \ COMMISSIONER SCHMITTIMOVED to adopt Planning and Zoning Commission Resolution No. 2013 -06 recommending dispoosaal certain borough lands as identified in said resolution as surplus to the public's. need for the borough to maintain said lands in reserve for future public use. ` /`/ \)) \ \ The public Bearing was opened. Public testimony was given by: Bob Scholze>Borough Resource Officer, stated he's just here to answer any questions. This request was to make sure there's opportunity before public comment because we expanded the area a little beyond what was conceptually approved originally to include a second lot so it was kind of a cautionary measure and we did specifically got all this information to the Chiniak Library Association who would be one of the closest affected property owners. The public hearing was closed. Discussion ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 1/19/2011 P &Z Minutes Page 1 of 1 i-iuhiic Hearing item f-u P&Z - March 20, 2013 image Overlay ge • LandiDiprosakreVIew, according to KIBC Cas # 13 019 of - 15r:blioserd Lot 5B Block 1 Chinialc Subdivision:- Kodiak Island Borough .- :-. - ,.; '-.... - - - - ...... Agent Bob Scholze - , -- ).. - .: .' .„ .;.'. - -:..-, - r - - — -- Y " ri . 44 T 4 - : P O ' 'ni,.>: 0 . : , :, , ts-$ - - sir ':%; T '.... 94 1 ''; ' - •- -4 2' i l - . • - AI, " . - - ' 4 .. .7.r • rayt,,Lfr • . 54t titt#( a . 44, :t 'Q. 46. ea tifi rt. .,„ 4 r -, _ - , . ,' - .• j_ .„.• : •t•• if' . .. o f ,..•.,., „. - ,- 44....t 4 , v..,- , --,-; _ . (6,„ , -..,- . ......, ,-.. :02.44 [.. , , • - ••• ; -It+ ,„_),, ,,- _14.5 A ...i 4-:.. : 44 ' ■ - 1 84 ( ' fr. 1 • ^4 -' ' -fr 4 '. kr , --, en- 1,,A1 - , - , -.. la • Y • 111- kkte 1 ' ' - - °-, - SI-1,1,k - ...„, . . :St, 1/4--t.- 4 ...si, :,,, - '• — , a ijoti. ett, , . - 4 4 . ' _ 4 .' ‘ ••• e 1 11 " r ' ' .' A •t: I 1 • . , ' •' - e.,4„..t y :t1 c d : :s.. jr4 ,1 1 , li 2,: .41i . : ::-): 14 e•'''''' 4 4)." 1 / ' - , ' ' .14._-.) .- . Ni '',1/4, ';')• it:' '''' --= ,--tt'•.14EA,„. ‘j • ' 4-' \? . . ..,* $. ., ..t. 1 ‘3/4.,) - ‘ -•—'. .',= • '4. ... ‘ ' ' ' . get, , 1 1 kt a at , .4j, - I , ,1 . Sin a 1 i aSiA r , . Are 4 ` i. - ',-T414. i ' -, -,"' 47. -4 -4 ''-'' 4 . a-9,1kt: G-fiw. 7 ' ' 4 ' ,-...., . .1., I ..i■ J. . - . !!' 1;17 '6- 0 ' ffir; 4 . •% . •:; . . . :„„ : - 4 . , 1. . 4. - se ' th.,ty ‘1. k • 1 , ,1 ' .. .1 • t -, ...r *r , • . " to , l'a" : !#/t.i., a, ' H l. fiel,,r-4 • iii. .1 4 . • . 2. ,M ..-'r a` t . ;,. • ' I; I . i .'"' , . .rp.--- t •',.r Jt y *- .• 't 4 e RI - 11 ' ' Nvatapl '' gi : •-, I :- 1. - 72 72 :,u a 1 ' 4 .1* .4 I Nci - r Disposal area .4.. # e. •1 ... • •.... ; i . ' ' f / - -i 2•.•1 - , . , Proposed Lot 5B .. -. 4 ,, 2 . -..„‘ At - ,.r .,- , - -4 4 a 1 - 74 . 44 1 • ° 4 1 4. , .1 it 1 '21-h-4,4 •F .:.: a , i 43 - . ' ' ,j8„ - • r 4' r -. . - . Jt ,. , : i t , •:- ' 41' ir ' ...- .., - • 47- 4 7 4 a .. 4 1 a ,. 4 .. - $ . .:r .. ..., - . 4 .3 ..1 , ,. 4 - ..,,4 ... i : i i,..4. .. t ,.. 7 ' • :., A - . i Kodiak Island Borough GIS System ,....4 0 90 180 360 540 720 eet r ailli I I This map was prepared from the Kodiak Island Borough's GIS System It is provided for the purpose of showing the general locatan of a property wIthin the Kodiak Island This map does not represent a survey More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9 3 3 3 Introduction - Page 1 of 3 Hubiic hearing item f -cU P &Z - March 20, 2013 °` R °�_ ° `` Kodiak Island Borough Zoning Map Community Development Department 1 .l @ N= @AN= Zoning Request: Land Disposal according tlo al]G 18.20.030.A, P a E (gem #43 -019 COproposed UM Block g Chiniak Alaska Subdivision. Kodiak Island Borough Agent: Bob Scholze J j $ i hi sr AI . 1}1 ____ A 1. Disposal area 7 Proposed Lot 5B r Zoning Legend Public Use Lands I I Rural Residential 1 - I Multi Family Residential IIES Light Industrial PM Watershed I I Rural Residential 2 [ 1 Business I Rural Neighborhood Commercial Conservation Single Family Residential I Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential _ I Industrial Natural Use 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Introduction - Page 2 of 3 Public Hearing item ( -v P &Z - March 20, 2013 Current Location Request: A Land Disposal review, according to KIBC 18.20.030.A, P & Z Case # 13 -019 of proposed Lot 5B, Block 1, Chiniak Alaska Subdivision. Kodiak Island Borough Agent Bob Scholze le . ' 141 0 ° D / Arq 4 I I I I I I I le I ItiV i l Ig OF D I /oil Proposed isposal Lot area 5B Kodiak Island Borough GIS System 0 465 930 1,860 2,790 3,720 Fee This map was prepared from the Kodiak Island Borough's GIS System it is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 3 of 3 Public hearing item / -B P &Z - February 20, 2013 rt Kod Island Borough ���� OFFICE of the MANAGER t 710 Mill Bay Road Kodiak, Alaska 99615 C U - Phone (907) 486 -9304 Fax (907) 486 -9374 I' mail: rscholzc(ilkodiakak.us t To: Planning and Zoning Commission From: Bob Scholze, Resource Management Officer Date: February 4, 2013 Re: Cases 13 -018 & 13 -019 Both of these cases, one a land disposal review and the other a rezone, address the same Borough property on King Crab Way behind the Chiniak School. Case 13 -019 is a Land Disposal Review which expands the area previously determined by Resolution FY 2013 -01 to be surplus to a public need (proposed Lot 5C, Block 1, Chiniak Alaska Subdivision) to include also proposed Lot 5B (see Case S13 -010). A surplus to public need determination for proposed Lot 5B would then potentially make two lots available for future land sale. This would maximize the advantage of existing infrastructure at the land sale. It would also take the opportunity, by incorporating it into the plat, to increase the area of the Chiniak School tract (proposed Tract El) by attaching a portion of Lot 5 so that the school tract will be consistent with the ten (10) acre minimum standard the State has established for a grade school. Preliminary plat approval for the subdivision of Lot 5 and enlargement of the school tract was granted by the Commission at the December, 2012 meeting. Case 13 -018 is an associated request to then rezone proposed Lots 5B and 5C from the PL- Public Use zoning district to the RR2 -Rural Residential Two zoning district. This rezone would be consistent with the Proposed Future Land Use designation for the Chiniak Area in the 2008 KIB Comprehensive Plan Update (p. 76). The portion of Lot 5 that will be incorporated into the school tract will remain zoned P1, as will proposed Lot 5A, the site of the Chiniak Library and Tsunami shelter. Application - Page 1 of 3 Public Hearing item / -b P &Z - February 20, 2013 Kodiak Island Borough Community Development Department (' = Submir by;Erliefl 6. ; ,,s-, 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 - n Ph. (907) 486 - 9362 Fax (907) 486 - 9396 II PnmForm I http: / /www.kodiakak.us Administrative Request Applicant Information: Property Owner /Applicant: //edible [<t. Ream/tea Mailing Address: Phone Number: '7 , 270 i ' 0 i Other Contact email, etc.: / Agent 8//or Surveyor: L . ♦• ' A • Mailing Address: /5 e) Phone Number: C nett Other Contact email, etc.: l (-S rICIe1 .. / e Ikedielea& L4 S 1 1 Nature / Purpose of Request: 9_z QQiCMWIea/t tf ffnfAK p p / I Jipe.N' 6 0 -t39 Property Information: 'V � I r ��� A / J v: C t tl //� / obe n ` C tc { SA 5 4 Legal Description: Subd f PL 1 Applicable Comprehensive Plan: 7'7 u/R Gyr p , Pc A OP o A - re: Present Use of Property: I am providing additional information in the form of: Additional Narrative / History : )/ /wu : / As-bunt-Sidney : y Maps: // /� Photographh1s: Other: Date: h / ao a. Signature: ` }, _ {d g c li krill C Payment Verification Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building Reconsideration of P &Z Commission Decision KIBC 17.215 r $150.00 Appeal to P &Z Commission KIBC 17.220 r $350.00 P &Z Commission Site Plan Review KIBC 17.130.020 r $150.00 P &Z Commission Screening Approval KIBC 17.105.060 r $150.00 Title 18 Land Disposal Review KIBC 18.20.060 A C Postponement at Petitioner's request - Public Hearing Item 00 Postponement at Petitioner's request - Non - Public Hearing Item r $ 25.00 Other r $150.00 Date: //A / z CDD Staff: �� y / iii � ' ©�"1 Application - 'age 2 of 3 • / »,Cw filg/9sAc eF ✓,p;.3 / m, _ � ,R, Y eu lc \\ aecw \ _ _ q , : . i :a 0 VICINITY MAP *am sea C ASEMENT \ r 8 2 _ TRACT El ,. #'` \ , • _ \ a ear. t ONnl Steed \.. 1 k - ‘ _ \ \ e . ,. to e .;.7 ➢p�.� T�G \ ���" J e G41,326 6G. het �. \ \ -}}" • f,-TaO� + - "O r /t , 4 \ 2 ..4A,... --i) wee/ea / or O/' ` L' ', \ U11Di1'EASEMITT —/ %/ \ � r.�v+> . e r Y.Y..... `� _ \ � i� •IZ 3030, Y4... samw ...0b . -- rem enem,nno we.. _ ' .... �. -'.%.� i e x015'.30' w \, ••• . >., .wnw. �„ 200l 3 a Mot and at p » MS Depiw. 0 of ,,. . .t y , �,>; BLI&VK I .Yt..,s AoQ.OYSRR.C,.l • • •) ! ti w y^ .. ' CRCATI T : • V S N \ s - / . . e t' ��\ , 1 Kodiak _ R yl%/t - t\ o�i '� - � \ 0 Borough - a n l`,_ -�A.5 'rr_ � 4 — , '6 ni . nny s o . c� seM rur \ ..... ....+... • p Chiniak k ' / ,< l \ � ,q j i a« L7 Subdivision p 1. ✓1 R t. ' ' \.' = �".: " :.— 6.. Oa \i ` St v 1. �. SR .. ' '. ; - ;OP C �,t,.�10 #.' . / .•.., .� c..) Y !Any. A mat cant M. YY•Y w.... I r l /} 1 !" ` .1' .)6 �tl _ V— _ (� 1` UC . 55a, w. w ••MN. v a 1 S e rr• ro' I / = F -- - o- -.., -. a.. .. .v r.........- fi , \ 1 - - �� -� �• iY.sRll{YAIO. owl- .�.Y..ma,. 1 �ul_�,.� _ p. , . / .. � ...l.. :' ... 11 . S \ y / 1 / / SA E; 5 - ' C / u I 1 1 SA - n I l� - / / . Po � AtY SV. FM © i n ' e U I Am A® RC 14010 Mal A SUBDIVISION erWt HMI / . \ - a,..x' % SUBDIVISION OF 6 C17 CD ,)Y� » ...w.rs..p�w.w .P / R.10 /p00e' 1 rr. - e -ev op' ) I / MINIM TRA ALASKA T E A LOTI S N, BLOCK I C -1 93 c »Uw.w�.+w. ac . 4 . a .i... s '. '� / -' � / OREATWG Ii) 7 / sterna A.n.�1 / l x aY ]F',p - - l / r `. oL...y LOTS SA BB,�G�, TRACT El .a..mwe.YAU. r.nn, / c / I / n.,e.n as Ti. a m,. rnt , , ,j GHINUK ALASKA 6UBDMSION N) CD . n .o., a_,.t.. >,..n.,. ..R...w,.... /� i� Sao... / : / P ! {V L{ Y Y»m. MOM rccwoYCOa*acl 0 ° i —�� _ - ' �: mot:: wro SURVEYING ' ' N Public hearing item / -b P &Z - February 20, 2013 e Location Request a Land Disposal Review, Chiniak AK Subd., Block 1, Portion of Lot 5 P &Z Case 13 according to KIBC 18.20.030 A, Kodiak Island Borough/ of proposed Lot 5B, Block 1, Bob Scholze - Agent Chiniak Alaska Subdivision VS f D � 4� Kodiak Island Borough GIS Legend t Q Notification Area W E '' Feet 1 0 370 740 1,480 Subject Parcel ` This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general locator of a property within the Kodiak Island Borough. This map does not represent a survey. More Inf:matian about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at )997) 4859333. Public Comment - Page 1 of 3 Public hearing item f -b P &Z - February 20, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 January 7, 2013 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2013. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -019 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze REQUEST: A Land Disposal Review, according to KIBC 18.20.030 A, of proposed Lot 5B Block 1, Chiniak Alaska Subdivision. LOCATION: Chiniak AK Subdivision, Block IPortion of Lot 5 ZONING: PL- Public Use Land This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, on Tuesday, February 5, 2013 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith(a,kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free number is 1 -855- 492 -9202. One week prior to the regular meeting, on Wednesday, February 13, 2013, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Public Comment - Page 2 of 3 HunIic Hearing Item P &Z - February 20, 2013 MARY BROWN EDWIN H CHRISTMAN KODIAK ISLAND BOROUGH PO BOX 5574 PO BOX 5513 710 MILL BAY RD CHINIAK, AK 99615 CHINIAK, AK 99615 KODIAK, AK 99615 ROBERT MURPHY MARY SYMONOSKI ALANA TOUSIGNANT 408 LILLY DR 1517 LARCH ST P.O. BOX 5547 KODIAK, AK 99615 KODIAK, AK 99615 CHINIAK, AK 99615 NELLIE TRAVIS RICHARD WOOD P.O. BOX 5528 PO BOX 5535 CHINIAK, AK 99615 CHINIAK, AK 99615 Public Comment - Page 3 of 3 Public hearing item ( -ti P &Z - February 20, 2013 MEMORANDUM DATE: February 8, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 20, 2013 Regular Meeting CASE: 13 -019 APPLICANT: Kodiak Island Borough REQUEST: A Land Disposal review, according to KIBC 18.20.030.A, of proposed Lot SB, Block 1, Chiniak Alaska Subdivision LOCATION: Spruce Way, Chiniak, Alaska ZONING: PL- Public Use Zoning District COMMENTS The Commission and the Assembly are periodically required to review public property to determine if, in light of changing community circumstances, certain lands characterized as public by ownership should remain available for potential public purposes. If the reason and justification for the original designation for public purpose are found to no longer apply, these properties may then be declared surplus and be made available for disposal at a Borough land sale. This case initiates a review of ONE (1) previously unidentified parcel owned by the borough. Borough Code Section 18.20.030 specifies that disposal of Borough land is subject to review by the Commission before submission to the Assembly. The Commission by resolution shall make a recommendation to the Assembly regarding proposed land disposal. This review is consistent with recent Assembly directives to identify land suitable to disposal for residential use. Recent inquiries by the real estate and developer community have indicated an anecdotal shortage of developable residential lots on the Kodiak Road System. The KIB Resource Management Officer, Bob Scholze, has provided a brief summary of the proposed disposal in a memorandum dated February 4, 2013 accompanying this request for review. When this area was originally proposed for disposal, the concept only identified the area comprised of proposed Lot 5C. Upon having the site surveyed and becoming more familiar with the lay of the land, it was determined that another lot could be made surplus without affecting the remaining area in support of the Chiniak Library and Tsunami Shelter. This review is based on the prepared preliminary plat so the conceptual nature of the original disposal review is now clarified for the benefit of commission and assembly review. A companion case identifies both proposed Lots 5B and SC for rezone to RR2 -Rural Residential Two. If proposed Lot 5B is not approved for disposal then the proposed lot can be replatted into the remainder (Lot 5A) or simply held in reserve for another time. Staff Report - Page 1 of 3 Public Hearing item 1-5 P &Z - February 20, 2013 Staff has prepared a draft resolution for the commission's consideration. This resolution may be further amended by the commission in order to arrive at the optimal recommendation that the commission would like to transmit to the borough assembly. RECOMMENDATION Staff recommends that the Commission make a positive recommendation to the assembly declaring proposed Lot SB, Block 1, Chiniak Alaska Subdivision surplus to the public's needs. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning and Zoning Commission Resolution No. 2013 -06 recommending disposal of certain borough lands as identified in said resolution as surplus to the public's need for the borough to maintain said lands in reserve for future public use. Staff Report - Page 2 of 3 Public Hearing Item / - P &Z - February 20, 2013 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2013 -06 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF PROPOSED LOT 5B, BLOCK 1, CHINIAK SUBDIVISION, A 2.33 ACRE LOT, AS LAND SURPLUS TO THE PUBLIC'S NEED. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal(s) by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to consider if the land identified is surplus to the Borough's need; and, WHEREAS, the proposed parcel has not previously been considered for disposal by the Borough Assembly; and, WHEREAS, the Planning & Zoning Commission has found that the parcel identified below for disposal is surplus to the public's need based on its review; and, WHEREAS, the Planning & Zoning Commission held a public hearing on February 20, 2013 and is recommending the disposal of the following parcels: NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the boroughs interest in proposed Lot 5B, Block 1, Chiniak Subdivision, a 2.33 acre lot. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code has determined, after a public hearing on February 20, 2013, that the aforementioned property is hereby surplus to the public's need. Section 3: The aforementioned land, should be offered to the public for disposal in a subsequent land sale. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 20 DAY OF FEBRUARY. PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST Sheila Smith, Secretary Staff Report - Page 3 of 3 t 3 ° 4 , KODIAK ISLAND BOROUGH Ai°Q ° �.� AGENDA STATEMENT n, REGULAR MEETING OF: APRIL 18, 2013 ITEM NO.: 13.B.2 TITLE: Resolution No. FY2013 -30 Accepting the Recommendation of the Planning and Zoning Commission Approving the Disposal By Lease of Certain Borough Land as Surplus to the Public's Need (P &Z Case 13 -022, Pillar Creek). ORIGINATOR: CDD Staff FISCAL IMPACT: 0 Yes $ or ® No Funds Available 0 Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -30; P &Z Resolution; P &Z Decision Letter; Provisional Minutes; P &Z Case Packet APPROVAL FOR AGENDA % / SUMMARY STATEMENT: The 25 -year lease agreement between the Borough and Kodiak Regional Aquaculture Association (KRAA) for Borough property at Pillar Creek in support of the hatchery is due to expire June 30, 2013. In addition to renewal of the lease, KRAA is seeking a modification to the existing lease area by relinquishing 19 acres of the original lease area and acquiring approximately 2.61 abutting acres that are identified as more suitable for hatchery expansion. At this primary stage of review, the Assembly needs to determine that the land identified for disposal is surplus to the borough public's need. There is no adopted plan guidance indicating a need for the lands reviewed in this case to be required for any particular public purposes. Should the Assembly approve of the disposal of this parcel, an additional zoning review may be required for this parcel to be considered fit for hatchery expansion. The Planning and Zoning Commission held a public hearing on this request and found the request to be consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. Adoption of this resolution would direct the Manager continue the process of making this parcel ready for disposal, by lease, to the Kodiak Regional Aquaculture Association. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -30. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Kodiak Regional Aquaculture Association 3 Drafted by: Community Development Acting 4 Director 5 Introduced on: 04/18/2013 6 Adopted on: 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2013 -30 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 11 ACCEPTING THE RECOMMENDATION OF THE PLANNING AND ZONING 12 COMMISSION APPROVING DISPOSAL BY LEASE OF CERTAIN BOROUGH LAND 13 AS SURPLUS TO THE PUBLIC'S NEED (P82 CASE 13 -022, PILLAR CREEK) 14 15 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed 16 disposal of Borough land to be reviewed by the Planning and Zoning Commission before 17 submission to the Assembly; and 18 19 WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to 20 make a recommendation on the disposal(s) by resolution before it is forwarded to the 21 Borough Assembly; and 22 23 WHEREAS, the principal purpose of the Commission review is to determine if the land 24 identified for disposal is surplus to the Borough's need; and 25 26 WHEREAS, the parcel proposed for disposal by the Borough Resource Management 27 Officer has not previously been considered for disposal by the Borough Assembly; and 28 29 WHEREAS, the Planning and Zoning Commission has found that the parcel identified 30 below for disposal is surplus to the public's need based on its review; and 31 32 WHEREAS, the new lease area would have the benefit of including all hatchery 33 infrastructure as well as providing better access to Pillar Creek, the site of hatchery coho 34 salmon stocking; and 35 36 WHEREAS, the Planning and Zoning Commission held a public hearing on March 20, 37 2013 and is recommending the disposal of the parcel listed below. 38 39 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 40 ISLAND BOROUGH THAT: 41 42 Section 1: The Kodiak Island Borough Planning and Zoning Commission, in 43 accordance with Title 18 of the Kodiak Island Borough Code, recommends 44 disposal of the borough's interest in the following parcel of land comprising 45 2.61 acres of property described as a 2.61 acre, more or less, portion of Kodiak Island Borough, Alaska Resolution No. FY2013 -30 Page 1 of 2 46 Tract E, BLM Tract D, within Section 30, Township 27 South, Range 19 47 West, Seward Meridian. 48 49 Section 2: The Kodiak Island Borough Planning and Zoning Commission, in 50 accordance with Title 18 of the Kodiak Island Borough Code, has 51 determined after a public hearing on March 20, 2013, that the 52 aforementioned property is hereby surplus to the public's need. 53 54 Section 3: The aforementioned parcel should be offered to the Kodiak Regional 55 Aquaculture Association by lease for less than fair market value which will 56 allow the use of the land for a public purpose beneficial to the Borough. 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 59 THIS DAY OF 2013 60 61 KODIAK ISLAND BOROUGH 62 63 64 65 ATTEST: Jerome M. Selby, Borough Mayor 66 67 68 69 Nova M. Javier. MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2013 -30 Page 2 of 2 Kodiak Island Borough Planning & Zoning Commission Minutes March 20, 2013 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the March 20, 2013 regular meeting of -the Planning and Zoning Commission at 6:34 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL �� hl Commissioners present were Alan Torres, Alan Schmitt, Rick /' Va, Sonny- Vinberg, Kathy Drabek, and Frank Peterson. C C I\ \ \ \ \vv D) Case 13 -022. Request a Title 18 Land Disposal Review, according to KIBC 18.20, to consider the disposal of a 2.61 acre portion of Tract E. of BLM Tract D, within Section 30, T27S, R19W, Seward Meridian; and 0 )) Relinquishment of 19.16 acres of borough lea land; de cribed as a Portion of Lot 1, Tract C, of BLM Tract D, within Section 30 ;T27S, R19W, Seward Meridian that unusable for fish hatchery purposes. The appli.cat _is "the Kodiak Regional Aquaculture Association, for the State of Alaska, of Fish & Game. The agent is Kevin Brennan. The location is a portion,ofT E of BLM Tract D; and Lot 1, Tract C of BLM Tract D, all within Section 30, T27S,`R1 Seward Meridian. The zoning is C- Conservation v Lydick reported this public lands d\ \was brought forward by the current tenant. Five public hearing notices were sent out. Due to the preliminary nature of the disposal request i.e., requesting the commiss find t lands surplus to public need, with further referral to the Asse no public r eview agencies were noticed. COMMISSIONER SCHMITT MOVED to adopt Planning & Zoning Commission Resolution FY2013,-07 coni a� ni g a `commendation to the Borough Assembly regarding a request for a land disposal, per Kodiak - Island Borough Code 18.20. \. The public heaving was opened. Public testimony was given by: Al Seale, Manage\ f the Pillar Creek Hatchery stated he's here in support of the request for a change in the borough lease lines. Close public hearing was closed. Brief discussion regarding the 2 maps being different, but the adopted zoning map takes precedence. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 1/19/2011 P &Z Minutes Page 1 of 1 Public Hearing Item 7 D P &Z March 20, 2013 Current Location Request: A Title 18 Land Disposal Review, according to KIBC P &Z Case No . 13 -022 18.20, to consider the disposal of a 2.61 acre portion of Tract E of Applicant: KRAA BLM Tract D, within Section 30, T27S, R19W, Seward Meridian; and Land Lease modification. Agent: Kevin Brennan il ‚V if Legend ' ;, ..,, ., Existing lease per Plat 91 -31 �/.�tr �!�.' .•.�:�o i rk'.� , ��= . ';►� �� Kodiak Island Borough GIS System . . 0 ,,200 2,400 4,800 7,200 9,600 i f e!t This map was prepared from the Kodiak Istand Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak tsland Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Istand Borough IT Department at (907) 486 -9333. Case No. 13 -022 Introduction Page 1 of 3 Public Hearing Item 7 D P &Z March 20, 2013 Kodiak Island Borough Zoning Map . Community Development Department + 1 __i Z'oning Request: &lt�Maid Disposal Review, according 60= P &Z @f29 la 13 -022 18.20,m consider tikQ disposal dPo &et oM portion OEQTract cg M1) Cl,fdlab Sec tion M,o UM R.19W, Seward Meridian; Applicant: KRAA ai d kfitcl Lease modification. Agent: IFasto Brennan 2 I ■ �1��C ti it * .1 i Sint 17 a era Ahmikd 1I 0 oi , e o •,- tiop p lam , m .� im• aste, � r :411,,w Q ' . totOtitoit E xisti • g lease per Plat 91 -31 Y 1 ', a'� i I Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential ® Light Industrial WA Watershed I I Rural Residential 2 I 1 Business I I Rural Neighborhood Commercial I Conservation I I Single Family Residential I • I Retail Business ® Urban Neighborhood Commercial I Rural Residential I I Two Family Residential I Industrial I I Natural Use I This map was prepared from the Kodiak Island Borough's GI5 System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. 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' S ' '+6 e• ,...a :r q r �� Legend k � . r �'t2+ t t sc • ` .. t t# „�� , S �� R y > r , s4 ;'� Existing lea z- « ii r "k �,, t • x S4 i u tr A r t v {' !a t' �, J /b. ; '', ., 4 ''. ..1 ,�rfl,;: fat I Kodiak Island Borough GIS System a %: j : , n. • .` 0 155 310 620 930 1 �1 � • 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided rpose of showi t geal Iotaton of ag prope wi Kodiak Isld Borough. This map does not represent a survey. More information about the mapping data tan be for obtained by wntaGing ng th e Kodiak ner Island Borough IT Depa dment thin the at (90]) 48G - Case No. 13 -022 Introduction Page 3 of 3 Public Hearing Item 7 D P &Z March 20, 2013 Kodiak Island Borough Community Development Department �l Sutimiyey {mail . - .* ,° %, /- 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 'i ' P int Fbim Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http: / /www.kodiakak.us Administrative Request Applicant Information; Property Owner / Applicant: Applicant: Kevin Brennan, Kodiak Regional Aquaculture Association, for SOA, Dept. of Fish & Game Mailing Address: 104 Center Street, Suite 205; Kodiak, Alaska 99615 Phone Number: (907) 486 -6555 - Office Other Contact email, etc.: Email: kraa @gci.net; Cell Phone: (907) 942 -3384 (Exec. Director Kevin Brennan) Agent & /or Surveyor: Mailing Address: Phone Number: Other Contact email, etc.: Nature / Purpose of Request: Title 18 Land Disposal Review KIBC 18.20.060 A Property Information; Legal Description: Subdv: Part of Tract C of BLM Tract D; Sect 30, T275, R19W, S.M. Block Lot: 1 Current Zoning: Conservation KIBC 17.50 Applicable Comprehensive Plan: A. Kodiak Island Comprehensive Plan Update 2008 Present Use of Property: Leased to ADF &G for Fish ( Salmon) Hatchery and related activities I am providing additional information in the form of : Additional Narrative / History : YES As -built Survey: YES Maps: YES Photographs: YES Other: YES Date: ? _( —) Signature: 1 / Payment Verification Fee Payable in Cashier's Office Room 104 -- Main Boor of Borough Building Reconsideration of P &2 Commission Decision KIBC 17.215 N " IT $150.00 $350.00 Appeal to P &Z Commission KIBC 17.220 PAl p & I- $150.00 P &Z Commission Site Plan Review KIBC 17.130.020 P &Z Commission Screening Approval KIBC 17.105.060 FEB p 1 2013 r $150.00 Title 18 Land Disposal Review KIBC 18.20.060 A L V' $350.00 t[0010.1S:e LI LA /10u g, Postponement at Petitioner's request - Public Hearing lterri r $100.00 Postponement at Petitioner's request - Non-Public Hearing l ,' '' De - . d'I IIIIQn r $ 25.00 Other / / r $150.00 Date: 4 T/ 3 CDD Staff: / t / N 3 O 22. Case No. 13 -022 Application Page 1 of 3 Public Hearing Item 7 D P &Z March 20, 201.3 ICODIAK REGIONAL AQUACULTUR]E ASSOCIATION 104 Center Ave., Suite 205 • Kodiak, AK 00615 • p: (007) 4 -6 555 • f: (007) 486 -4105 Kodiak Island Borough February 1, 2013 Community Development Department 710 Mill Bay Road, Room 205 Kodiak, Alaska 99615 The Kodiak Regional Aquaculture Association (KRAA) is the non - profit Regional Aquaculture Association, established in 1983. KRAA operates two state -owned salmon hatcheries to enhance fishing opportunities for all Kodiak area salmon user groups, including subsistence, personal use, commercial, and sport. May II, 1988, the State of Alaska, Department of Fish and Game (ADF &G), signed a lease with the Kodiak Island Borough for approximately 25 acres, to be used for fish hatchery purposes and related activities. The lease would terminate automatically if construction or improvements necessary for a fish hatchery had not commenced by January 1, 1992. . The Pillar Creek Hatchery was built in 1990, and the lease and land plat (#91 -31) were approved in 1991. The hatchery was to be a small central incubation facility dependent solely on gravity fed water from the reservoir systems in place in the Pillar Creek drainage area. A small portion of the hatchery infrastructure was located in the adjacent Tract E, which was at that time property of the State of Alaska. The Pillar Creek Hatchery is located at 9547 East Monashka Bay Road, approximately six miles from the center of the City of Kodiak. The hatchery is situated on the south side of Monashka Bay road in the area downstream of the city reservoir system in the Pillar Creek drainage. Pillar Creek Hatchery uses reservoir water (connected to the hatchery by a pipeline) as well as water from two shallow wells (added many years after the initial construction). KRAA began operating the Pillar Creek Hatchery in 1993, under a contractual agreement with ADF &G Pillar Creek Hatchery is Kodiak's hometown salmon hatchery. The facility operates twelve months a year with a permanent staff of three and up to eight summer seasonal employees. The hatchery annually produces three species of salmon (Chinook, coho and sockeye salmon) and Rainbow Trout. These fish are stocked into thirty -nine different lakes or streams on the Kodiak Archipelago, from Waterfall lakes on northern Afognak Island to Crescent Lake near the Village of Port Lions to Spiridon Lake on Kodiak's west side. Several stocking projects in saltwater net pens have recently been started, to return sockeye salmon to Telrod Cove, Ouzinkie Village and Anton Larsen Bay. As the hatchery has transformed, the footprint and hatchery infrastructure have evolved. Tract E, adjacent to the hatchery, was conveyed to the Kodiak Island Borough on December 10, 2002, by the State of Alaska. Both shallow wells and the accompanying piping and water delivery systems, are partially or wholly located on that parcel. In addition, most of the 25 acre lease area is situated up the hillside across (south) an access road (nicknamed "the dynamite Case No. 13 -022 Application Page 2 of 3 Public Hearing Item 7 D P &Z March 20, 2013 Letter to Community Development Department February I, 2013 Re. Pillar Creek Hatchery Lease Boundary Adjustment road ") and extends far up the side of Pillar Mountain. A majority of the current leased area could probably never be used for fish production because of the slope and terrain. Pillar Creek Hatchery would benefit from a new lease boundary that would include areas of Tract E (formerly State land) and vacate unusable lands across the dynamite road along the slopes of Pillar Mountain. The inclusion of adjacent areas of Tract E would place all hatchery infrastructure under the lease and allow access to Pillar Creek, the site of hatchery coho salmon stocking. There are unused portions of the original lease area KRAA wishes to retain, as they've been identified for possible hatchery expansions in the future. The State of Alaska has granted KRAA $1.67 million for upgrades and maintenance of Pillar Creek Hatchery. Projected improvements include a roof structure over outside raceways, the construction of new, multi - purpose building with space for a visitor services /education center, storage, shop, and office space. An old warehouse made of three Conex vans now occupies the potential site of the new building. Additional coho salmon rearing area could be situated just west of this building, allowing for the development of greater coho salmon returns for subsistence, sport and commercial users. We propose that the new lease area include the areas in Tract E from the State of Alaska road right of way, to just north of the meanders of Pillar Creek, to the township line located just west of the hatchery site. These are rough descriptions but provide a rough estimate of the new lease boundary. In 2012 Pillar Creek Hatchery staff coordinated with the Community Development Department (CDD) to clear brush in the Pillar Creek drainage area above Monashka Bay Road. This joint effort was a great success, with a beautiful, cleared area created next to the Hatchery site. The removal of small brush and trees will protect the hatchery from flooding, as it was debris clogging the culvert that was thought to be a cause flooding of the Hatchery grounds in October, 2009. We look forward to working with the Kodiak Island Borough and the CCD to further improve the area and increase fishing opportunities for all. Sin erely, K: in Brennan Executive Director of KRAA 2 of 2 Case No. 13 -022 Application Page 3 of 3 Public Hearing Item 7 D March 20, 2013 Kodiak Island Borough Community Development Department ?y . ' 710 Mill Bay Road Room 205 t,. p it / Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us February 8, 2012 Kodiak Regional Aquaculture Association Attention: Kevin Brennan 104 Center Street, # 205 Kodiak, AK 99615 Re: Case 13 -022. Request a Title 18 Land Disposal Review, according to K1BC 18.20, to consider the disposal of a 2.61 acre portion of Tract E of BLM Tract D, within Section 30, T27S, R19W, Seward Meridian; and Relinquishment of 19.16 acres of borough lease land, described as a Portion of Lot 1, Tract C, of BLM Tract D, within Section 30, T27S, R19W, Seward Meridian that unusable for fish hatchery purposes. Dear Mr. Brennan: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their March 20, 2013 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, March 13, 2013 at 6:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department Case No. 13 -022 Public Comment Page 1 of 5 Public Hearing Item 7 D March 20, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 February 8, 2013 Public FIearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 20, 2013. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -022 APPLICANT: Kodiak Regional Aquaculture Association, for the State of Alaska, Department of Fish & Game AGENT: Kevin Brennan REQUEST: A Title 18 Land Disposal Review, according to KIBC 18.20, to consider the disposal of a 2.61 acre portion of Tract E of BLM Tract D, within Section 30, T27S, RI9W, Seward Meridian; and Relinquishment of 19.16 acres of borough lease land, described as a Portion of Lot 1, Tract C, of BLM Tract D, within Section 30, T27S, R19W, Seward Meridian that unusable for fish hatchery purposes. LOCATION: Ptn of Tract E of BLM Tract D; and Lot 1, Tract C of BLM Tract D, all within Section 30, T27S, R19W, Seward Meridian ZONING: C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, on Tuesday, March 5, 2013 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith(a,kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call - telephone number is 486 -3231. The toll free number is 1 -855- 492 -9202. One week prior to the regular meeting, on Wednesday, March 13, 2013, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 13 -022 Public Comment Page 2 of 5 Public Hearing Item 7 D March 20, 2013 Location Request a Title 18 Land Disposal Review, according Ptn of Tract E of BLM Tract D; and Lot 1, Tract C of BLM Tract D, to KIBC 18.20, to consider the disposal of a 2.61 acre all within Section 30, 1275, R19W, portion of Tract E of BLM Tract ID, within Section 30, Seward Meridian T27S, R19W, Seward Meridian; and Case 13 -022 Relinquishment of 19.16 acres of borough lease land, Applicant described as a Portion of Lot 1, Tract C, of BLM Tract Kodiak Regional State of D, within Section 30, T27S, R19W, Seward Meridian Assoc., for the State of Alaska, Department of Fish & Game that unusable for fish hatchery purposes. po P .nr t %' L., 4 *. olr. a .J.� �V. INAir 0 ■ e - / a , ri 1 --1 -�' Jam' ' N.: ' ' - ‘.1 . . fl . /'�\ is et -r4." O\\ ,4loe ,. ( o A � V r 6 6 —' Kodiak Island Borough GIS Legend N *n l�I� I {' Subject Parcels W� E Feel \ ' / o 2,300 Feet s loo ® Notification Area S Thismap was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at 190]) 486 -9333. Case No. 13 -022 Public Comment Page 3 of 5 Public Hearing Item 7 D March 20, 2013 Alaska Department of Fish & Game City of Kodiak 333 Raspberry Road Ko Box 1397 Anchorage, AK 99518 Kodiak, AK 99615 Department of Natural Resources Kodiak Island Borough 550 W. 7th Ave., #640 710 Mill Bay Road Anchorage, AK 99501 Kodiak, AK 99615 Alaska Dept. of Fish & Game 211 Mission Road Kodiak, AK 99615 Case No. 13 -022 Public Comment Page 4 of 5 Public Hearing Item 7 D March 20, 2013 Kodiak Island Borough /,f q � OFFICE of the MANAGER V �``y� 71O Mill Bay' Road �� .' r ' g Kodiak, Alaska 99615 A Phone (907) 486 -9304 Fax (907) 486 -9374 E -mail: rseholzeRkodiakak.us a.. To: Planning and Zoning Commission From: Bob Scholze, Resource Management Office, Date: March 5, 2013 Re: Land Disposal Review: Ptn. Tract E of BLM Tract D The 25 -year lease agreement between the Borough and Kodiak Regional Aquaculture Association (KRAA) for KIB owned property at Pillar Creek in support of the hatchery is due to expire June 30, 2013. In addition to renewal of the lease, KRAA is seeking a modification to the lease area which was originally defined by Plat #91 -31. A considerable portion of the original 25 acre lease area consists of steep hillside extending up Pillar Mountain well away from the creek. As such, it has no practical utility for fish production. KRAA is proposing to relinquish that portion, which is unsurveyed but appears to comprise approximately three - quarters of the existing lease area. In exchange, KRAA is requesting disposal at less than fair market value of a portion of adjacent KIB owned Tract E, as demonstrated on the air photo in the submittal packet. This would be a significant reduction of total lease area, but would have the advantage of including all hatchery infrastructure within the newly defined lease area, as well as providing better access to Pillar Creek, the site of hatchery coho salmon stocking. KIBC Code Section 18.20.030.A requires that disposal of Borough land be reviewed by the Planning and Zoning Commission before submittal to the assembly with the Commission making a recommendation to the assembly regarding the proposed disposal. The disposal is recommended since the revised area is much better suited to accomplish the hatchery's purpose by accommodating facility the expansion and upgrade authorized under a State grant. Case No. 13 -022 Public Comment Page 5 of 5 Public Hearing Item 7 D P &Z March 20, 2013 MEMORANDUM DATE: March 8, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the March 20, 2013 Regular Meeting CASE: 13 -022 APPLICANT: Kodiak Regional Aquaculture Association Agent: Kevin Brennan REQUEST: A Title 18 Land Disposal Review, according to KIBC 18.20, to consider the disposal of a 2.61 acre portion of Tract E of BLM Tract D, within Section 30, T27S, R19W, Seward Meridian; and, Relinquishment of 19.16 acres of borough lease land, described as a Portion of Lot 1, Tract C, of BLM Tract D, within Section 30, T27S, R19W, Seward Meridian that unusable for fish hatchery purposes. LOCATION: 9547 Monashka Bay Rd., (Pillar Creek Hatchery). ZONING: CN - Conservation Zoning District. Five (5) public hearing notices were mailed on February 8, 2013. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan depicted this area as "Unclassified ". Ordinance 77 -15 -0, July 7, 1977, rezoned all previously unclassified lands to CN - Conservation Zoning District. The requested disposal area was rezoned to "W — Watershed" upon the adoption of the Borough's Urban Zoning Map December 2, 2010 The 2008 Comprehensive Plan Update depicts a future land use of Watershed for this area. 2. Location: Pillar Creek, approximately 2.4 air miles Northwest of City center. 3 Physical: 9547 Monashka Bay Rd. 4. Legal: Portion of Tract E of Bureau of Lands Management Tract D, Section 30 Township 27 South Range 19 West Seward Meridian. 5. Lot Size: 2.61 acres, more or less (requested disposal area) 6. Existing Land Use: Hatchery support facilities 7. Surrounding Land Use and Zoning: North Undeveloped Borough lands zoned W - Watershed Zoning District. South Undeveloped City lands zoned CN - Conservation Zoning District. East Undeveloped Borough lands zoned CN - Conservation Zoning District. Appendix pg.(s) 1 & 2 Case No. 13 -022 Staff Rpt Page 1 of 4 Public Hearing Item 7 D P &Z March 20, 2013 West Undeveloped State lands zoned CN - Conservation Zoning District, water reservoir systems. Applicable Code Provisions 18.20.170 Definitions. As used in this chapter: A. "Borough land" means any real property or interest therein owned by the Kodiak Island Borough; B. "Contract" means .... "; C. "Disposal" means any transfer of real property authorized under this title; and D. "Real property" means any interest in real property under the law of the state of Alaska, including but not limited to a fee, easement, or leasehold interest, and a revocable license or permit to use real property. Per Kodiak Island Borough Code 18.20.030 Review by planning commission -- Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposal that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. STAFF COMMENTS The applicant for this land disposal seeks to consolidate hatchery facilities and operations under the umbrella of one land lease and in the process, relinquish excess acreage obtained under the terms of the original lease (May 11, 1988) between the Kodiak Regional Aquaculture Association (Lessee) and the Borough (Lessor). Prior to the State's conveyance of Tract E to the Borough, some hatchery support facilities (water wells) were constructed on State lands. These support facilities are not covered under Title 17 — Zoning, Chapter 17.140 — Existing Nonconforming Uses and Structures. The location of support infrastructure on lands not included in the current lease is problematical with respect to KRAA's stated desire to expand and efficiently serve the public in the fields of fisheries enhancement and public education. Complicating the situation is the fact that the requested disposal area is dis- similarly zoned from the existing lease tract, i.e., Watershed Zoning District as opposed to CN - Conservation Zoning District. The current water wells could remain, but any other structural development would be prohibited under the Watershed zoning designation Any future rezone action would require the close co- operation between the Borough, the City of Kodiak, and the applicant, in 2 Appendix pg. 3 3 Appendix pg. 4 4 Appendix pg. 5 Case No. 13 -022 Staff Rpt Page 2 of 4 Public Hearing Item 7 D P &Z March 20, 2013 order to provide an appropriate zoning designation allowing actual facilities development. Assuming a favorable disposal action, and, assuming a favorable rezone outcome for the requested disposal, the consolidated parcel would result in a conforming land district parcel, under the umbrella of one land lease, suitable for the use(s) envisioned by the applicant. The Borough Resource Management Officer recommends approval of the disposal Staff believes that this request for disposal, and the modification of the lease, would serve the public by advancing at least two interests identified in the Borough's Strategic Plan; 1) the pursuit of a comprehensive and effective program that leads to sustainable and economically productive fisheries that ensure the long -term health of the fishery habitat and ecosystem and 2) the identification of Borough owned lands suitable for public disposal' & /or, which might otherwise be appropriately developed for passive parks and recreation facilities RECOMMENDATION Staff recommends forwarding this request for disposal of an interest in Borough lands to the Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with staff's recommendation, the appropriate motion is: Move to adopt Planning & Zoning Commission Resolution FY2013 -07, containing a recommendation to the Borough Assembly regarding a request for a land disposal, per Kodiak Island Borough Code 18.20. RESOLUTION: Attached: 5 Public Comment pg. 5 6 Appendix pg. 20 & 21 7 Appendix pg. 15 8 Appendix pg. 20 Case No. 13 -022 Staff Rpt Page 3 of 4 Public Hearing Item 7 D P &Z March 20, 2013 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2013 -07 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF A PORTION OF TRACT E OF BLM TRACT D, APPROXIMATELY A 2.61 ACRE TRACT, AS LAND SURPLUS TO THE PUBLIC'S NEED. WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to male `a recommendation on the disposal(s) by resolution before it is forwarded to the Borough As_ sembly\ and, / /,\ \\ WHEREAS, the principal purpose of the Commission is to'consider if the land ideritified.is surplus to the Borough's need; and, lre(/ ^ v \��� WHEREAS, the proposed parcel has not previou / sly been considered for disposal,by theBorough Assembly; and, \-k-::-C---; �� ( X/ WHEREAS, the Planning & Zoning has found that the •parcel identified below for disposal is surplus to the public needed on its review; and, WHEREAS, the Planning. &0Zoning,G \ mission held a public in\\ March 20, 2013 and is recommending the disposal'of the following parcels: 7/ \\ \\ � NOW, THEREFORE, BE ITRESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: �� / Section 1: The K Borough Plannin & Zoning'Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends partial disposal of the Boroughs interest in a portion of Tract E, BLM Tract D, within Section\ T27S, ^R19W, Seward Meridian. Section 2: The Kodiak Island Borough Plan ni g•& Zonn> ng Commission, in accordance with Title 18 of the Kodiak Island Borough Code has determined, after a public hearing on March 20, 2013, that the aforementioned property is s to.the public's need. Section 3: The aforementioned parcel \of land should be offered to the Kodiak Regional Aquaculture Associationtfor disposal by land lease. /( \\ ADOPTED BY /THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION v \ THIS 20 DAY OF MARCH, 2013. v PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST Sheila Smith, Secretary Case No. 13 -022 Staff Rpt Page 4 of 4 Public Hearing Item 7 D P &Z March 20, 2013 1 Introduced by: Manager Gifford 2 Requested by: COD Director Cassidy 3 Drafted by: COD Director Cassidy Introduced on: 12/02/2010 4 Adopted on: 12/02/2010 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2011 -13 8 9 A RESOLUTION OF THE ASSEMBLY ADOPTING 10 A NEW KODIAK ISLAND BOROUGH URBAN ZONING MAP 11 12 WHEREAS, a new zoning map of the Kodiak urban area is being adopted due to a major 13 change of map making technology now employed by the Borough; and 14 15 WHEREAS, the borough code that regulates the official zoning map was written at a time 16 when maps were manually drafted in the Community Development Department and zoning 17 districts were distinguished using various patterns cut from 8"x11" adhesive sheets and with 18 AutoCAD; and 19 20 WHEREAS, the zoning maps are now produced in the Information Technology 21 Department using property data from the Assessing Department; and 22 23 WHEREAS, KIB 17.30.040 states that in the event the official zoning map is damaged, 24 destroyed, or becomes difficult to interpret due to a large number of changes or additions, 25 the commission may, by resolution of the assembly, adopt a new official zoning map which 26 supersedes all prior versions of the map; and 27 28 WHEREAS, this code section was written when a certified copy of the map was to be kept 29 in the clerk's office and in the office of the community development department; and 30 31 WHEREAS, there is no intention to change the zoning of any parcel with this action: and 32 33 WHERE should there be a future zoning conflict or mapping error, the newly adopted 34 (zoning map will prevail and any change in zoning will beadjudicated by the commission and 35 the assembly as a regular zoning change case) 36 37 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH that a new zoning map dated September 8, 2010, is the official urban zoning 39 map for the Kodiak Island Borough. 40 41 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 42 THIS SECOND DAY OF DECEMBER 2010 43 44 KODIAK ISLAND BOROUGH 45 46 I 47 ' V' - teas 48 ATTEST: J: rome M. Selby, Bor... 8 : = r- 49 50 i 51 Z..i... ./ ::A. .; t sr � 52 • y P Javi, MMC, :orough Clerk Kodiak Island Borough Resolution No. FY2011 -13 Page 1 of 1 Case No. 13 -022 Appendix Page 1 of 21 Public Hearing Item 7 D P &Z March 20, 2013 - _ / �> LOT 1 T ACT C KODAK CI LIMITS AREA OF REQUESTED DISPOSAL ZONED "W" WATERSHED Case No. 13 -022 Appendix Page 2 of 21 Public Hearing Item 7 D P &Z March 20, 2013 Overlay Request/17M wage Disposal Review, accordingij P &Z Qfpg Kla 13 -02'2 18.20, tip consider WIG disposal CJ® = ECM portionCQTr act Qdl Applicant: KRAA cm Tr act a, $11SectionE Nj R49W, Seward Meridian; erfrad Raid Lease modification. 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' j S i.y�y � g '� fr ,i Y t Legend � , d f 1 , , .f a. gg , x'," ' Y :. , h - -. Jr , , Existing lease per Plat 91 -31 +'' m' rY4 j 1 Y t ., x � F ° r ? r_ � ,+ ". ' r�'. . ? - , -pi . � f � " i x " `i % -* ." ' - > �. a' a P > Fo.' ---;- t . f -r1 ' t %•� � M r fi. A L.. S s f .a I I • Kodiak Island Borough GIS System 0 155 310 620 930 1. S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486 -9333. Case No. 13 -022 Appendix Page 3 of 21 Public Hearing Item 7 D P &Z March 20, 2013 keep Overlay Request: & Killecol Disposal Review, according mog P&Z @EEG Oa 13 -02'2 18.20,8 c- onsider 2 disposal COa COTract gdi Applicant: KRAA Tract uQ Section &1 R49W, Seward Meridian; e9 afiiii Lease modification. 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'/ / ♦ / / .e rr k . • ♦ / `R `. :4,_ K E i "'k i ' 2, , t � r 1 !t // � r i . y 3's ` .044. r ✓ , 'I/ ,' : � ,, /� .i. .4 - "}T EXCeSS LBnCIS i 5, a 4 - ,t ,� / r, E r/ t r , l ft, 2./> / „...>:‘,5....,,t94-.5+-4,,,, , rt ii .�w. efxn✓ ,. a r -A } f' 1 ;"/< 7 ,",??;;;,/ , ° f x Y �r � s "3a r° ' -tf, t , i x ry� r ,, tr rI / .../1/4/////. µ ' ' 14, t rr a.i s.1' 3' 4 , it''-'. �k'e n E 4`'r T, ♦ � / e l r f ' ' ,/' // i l t ; Prif 4 . 9 f , r r. ,. r # ft - a ndN $ i td s�'. f r t / Ts ft, •= , 1 i t �;� t,f� r yJ f ' ♦ / / x x Ct t „ q Le end )i ) Yi / ' $ t ;, • J 1 $ ` ' II Existing lease per Plat 91 31 a " , � F3 �a } + s 1 Eii '41i r 4 S Sir I �. r n n L' • 1rt • �s'n rr � �� 2 ' `s ° 11'� t� ,, K � ? ? i• `? • ys �l r„ }' ..... }' r, ,.. a «' 4— . . ti: 3 ;.y -a' !`.'S". .�' Wit; ar _s .e ._.+�s `, ,$ ' . ti I a. Kodiak Island Borough GIS System I TI r 14 0 155 310 620 930 1,.. 3 d This map was prepared from the Kodiak Island Borough's GIS System. It is prodded for the purpo. se of showing the general lotion of ag property within he Kodiak lathe Borough. This map does not represent a survey. Mom information about the mapping data ran be obtained by contacting the Kodiak Island ca Borough IT Department at (90]) OB6 -9333. Case No. 13 -022 Appendix Page 4 of 21 Public Hearing Item 7 D P &Z March 20, 2013 Kodiak Island Borough Code Page 1/2 Chapter 17.35 W — WATERSHED DISTRICT Chapter 17.35 W — WATERSHED DISTRICT Sections: 17.35.010 Description and intent. 17.35.020 Permitted uses. 17.35.030 Conditional uses. 17.35.040 Area and yard requirements. 17.35.050 Performance standard. 17.35.010 Description and intent. The W watershed zoning district is established as a land use district for the purpose of guaranteeing water sources and supplies. For the watershed district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To preserve and protect potable water reserves for existing and future borough residents; (B. To prohibit all land uses which could endanger needed water sources and) (supplies; and C. To encourage the discontinuance of existing uses that are not permitted uses under the provisions of this title. [Ord. 81 -56 -0 §1, 1981. Formerly §17.10.010]. 17.35.020 Permitted uses.) The following land uses are permitted in the w atersheddistricl:) (A. Access and maintenance roads;) B. Communication system lines;[ C. Electric distribution lines and substations;) D. Snow and water gauging stations;) E. Water pumping stations;) F. Water reservoirs and dams;L G. Water transmission lines; and) H. Water treatment plants.jOrd. 81 -56 -0 §1, 1981. Formerly §17.10.020]. 17.35.030 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Communication facilities; and B. Recreational uses not requiring structures for overnight habitation. [Ord. 81 -56 -0 §1, 1981. Formerly §17.10.030]. 17.35.040 Area and yard requirements. There are no lot area, lot width, front yard, side yard or rear yard requirements for this district. [Ord. 81 -56 -0 §1, 1981. Formerly §17.10.040]. The Kodiak Island Borough Code is current through Ordinance FY2013 -08, passed November 1, 2012. Case No. 13 -022 Appendix Page 5 of 21 Public Hearing Item 7 D P &Z March 20, 2013 Kodiak Island Borough Code Page 2/2 Chapter 17.35 W — WATERSHED DISTRICT 17.35.050 Performance standard. All areas disturbed in construction and subsequently not covered with buildings, structures, surfaced drives, walks, or parking areas shall be reestablished and maintained under healthy vegetative cover to minimize dust, erosion, sedimentation, and other potential adverse effects on water quality and quantity. [Ord. 81 -56 -0 §1, 1981. Formerly §17.10.050]. The Kodiak Island Borough Code is current through Ordinance FY2013 -08, passed November 1, 2012. Case No. 13 -022 Appendix Page 6 of 21 Public Hearing Item 7 D P &Z March 20, 2013 1 Introduced by: Borough Assembly 2 Requested by: Borough Assembly 3 Craned by: Borough Assembly Introduced on: 02/01/2013 4 Adopted on: 02/07/2013 5 - 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2013 -22 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 ADOPTING THE KODIAK ISLAND BOROUGH 11 STRATEGIC PLAN FOR THE YEARS 2013 -2017 12 13 WHEREAS, the Kodiak island Borough Assembly held a strategic planning session on 14 January 15, 2013; and 15 16 WHEREAS, this session culminated in the preparation of the Kodiak Island Borough 17 Strategic Plan for the years 2013 -2017; and 18 19 WHEREAS, the Kodiak Island Borough Strategic Plan outlines the Kodiak Island 20 Borough's mission, vision, and guiding principles; and 21 22 WHEREAS, the Kodiak Island Borough Assembly desires a formal adoption of the 23 Kodiak Island Borough Strategic Plan. 24 25 NOW, THEREFORE BE IT RESOLVED, BY THE KODIAK ISLAND BOROUGH 26 ASSEMBLY THAT that the Kodiak Island Borough Strategic Plan for the years 2013 -2017 27 which outlines the Kodiak Island Borough's mission, vision, and guiding principles is 28 hereby adopted. 29 30 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 31 THIS SEVENTH DAY OF FEBRUARY, 2013 32 33 KODIAK ISLAND BOROUGH 34 35 36 37 ATTEST: Jero a M. Selby, Boro 38 41 40 No 1 — U � ,` �/�_ 41 Nova M. Javier, MMC, ough Clerk Kodiak Island Borough Resolution No. FY2013 -22 Page 1 of 15 Case No. 13 -022 Appendix Page 7 of 21 Public Hearing Item 7 D P &Z March 20, 2013 1 3 Island $ 4 tr „ Q 5 l fia i 6 f/ r 10 11 STRATEGIC PLAN 12 (FISCAL YEARS 2013 -2017) 13 Adopted by the Kodiak Island Borough Assembly 14 15 Resolution No. FY2013 -22 16 17 KODIAK ISLAND BOROUGH'S MISSION, VISION, AND GUIDING PRINCIPLES IR 19 I. MISSION 20 To provide quality service to the public in a fiscally responsible manner while fulfilling 21 Borough responsibilities and exercising powers required by Alaska Statute Title 29 and 22 the Kodiak Island Borough Code of Ordinances. 23 24 II. VISION 25 The Kodiak Island Borough Government is trusted and respected as a leader in 26 providing the highest quality of services to the public in a cost effective, sustainable, and 27 efficient manner that is open, dynamic, and focused. 28 29 III. OUR GUIDING PRINCIPLES 30 • ACCESSIBILTY 31 All citizens and employees throughout the Borough, regardless of abilities, will have 32 ready access to our services and facilities. Language and culture will not be barriers, 33 Our operations will be open to the public and will ensure fair and equitable treatment 34 for all. 35 36 • ACCOUNTABILITY • 37 We will ensure public funds will be administered as required by State and Federal 38 laws in a manner that maximizes services in balance with available resources. We 39 will do so in full accordance with the law and in the public interest with the highest 40 degree of integrity. 41 Kodiak Island Borough Resolution No, FY2013-22 Page 2 of 15 Case No. 13 -022 Appendix Page 8 of 21 Public Hearing Item 7 D P &Z March 20, 2013 42 • CUSTOMERS 43 We will operate in a customer - driven manner both internally and externally with a 44 focus on treating all persons with courtesy and respect. We will strive to provide the 45 highest quality service and ensure customer satisfaction. 46 • DIVERSITY 47 We will treat all citizens with dignity and respect. We will demonstrate through our 48 actions an understanding and appreciation for cultural diversity and individual 49 differences. Under no circumstances will harassment or discrimination of a sexual, 50 religious, or racial nature be tolerated. 51 52 • VALUED EMPLOYEES AND VOLUNTEERS 53 We will enable and encourage employees and volunteers to self manage their work 54 with the expectation that they are accountable for their decisions and actions. We will 55 strive to provide and maintain quality- working conditions along with providing the 56 resources necessary for success. While recognizing the importance of each 57 member's contributions to the operation, we will nurture teamwork and recognize and 58 reward hard work, creativity, and innovation. 59 60 • PURSUIT OF EXCELLENCE 61 We are committed to quality and excellence, will strive for continuous improvements 62 and creativity, and will not be satisfied with "that's the way we have always done it." 63 64 • MISSION- DRIVEN 65 We will focus our efforts on the mission of the Kodiak Island Borough and not allow 66 needless rules and bureaucracy to get in the way of accomplishing our objectives. 67 Flexibility and responsiveness, with accountability, will be the principal boundaries of 68 our operation. 69 70 • INTEGRITY, LOYALTY, AND TRUST 71 Ethical conduct is paramount and we will work to create an environment of trust and 72 loyalty based on open, honest, and positive interactions with whomever we have 73 contact. 74 75 • STEWARDSHIP 76 We are committed to and expect the most efficient use of the public's resources and 77 will strive to maximize the life, value, and utility of the public properly under our 78 trusteeship. 79 80 • TEAMWORK 8] We will work professionally and cooperatively together as a team with a spirit of 82 mutual respect to accomplish our mission, recognizing the important contributions 83 and solutions each member can bring to the operation. 84 85 86 Kodiak Island Borough, Alaska Resolution No, FY2013 -22 Page 3 of 15 Case No. 13 -022 Appendix Page 9 of 21 Public Hearing Item 7 D P &Z March 20, 2013 87 IV. KODIAK ISLAND BOROUGH GOALS 88 The Kodiak Island Borough was created as a regional government to serve the public by 89 providing the primary functions of Education, Assessment and Collection of Taxes, Land 90 Use through Planning and Zoning, and General Administration. Other services include 93 Mental and Physical Health, Solid Waste Collection and Disposal, Parks and Recreation, 92 Economic Development, Animal Control, and Fire Protection and First Responder 93 Emergency Medical Services, and other services that will be provided when adopted by 94 service areas. It is our overall goal to provide these services in an efficient and cost 95 effective manner, taking into consideration a staffing and funding plan that strives for 96 public satisfaction. The following strategies are designed to accomplish these goals and 97 are modified annually to be used as a foundation for the design and implementation of 98 the Kodiak Island Borough's annual budget. 99 100 V. KODIAK ISLAND BOROUGH'S CORE STRATEGIES 101 Overall strategic theme: To build and maintain credibility, trust, and accountability to the 102 public. We must continually work to improve our services and allocate our resources 103 wisely. We must listen carefully to our citizens and to fully and effectively inform them of 104 how our actions are addressing their needs and concerns. 105 106 Table of Powers 107 108 MANDATORY POWERS 109 A. Education 110 B. General Administration and Finance 111 C. Tax Assessment and Collection 112 D. Planning and Zoning 113 114 ADOPTED POWERS 115 E. Emergency Services Planning 116 F. Community Health (restricted area - wide)' 117 G. Solid Waste Collection and Disposal (non area -wide, outside cities, 118 except City of Kodiak) 119 H. Parks and Recreation (non area -wide, outside cities) 120 I. Economic Development (non area -wide, outside cities) 121 J. Animal Control (non area -wide, outside cities) 122 K. Fire Protection and First Responder Emergency Medical Services 123 (service areas) 124 L. Road Maintenance and Construction (service areas) 125 M. Street Lighting (service areas) 126 127 128 129 ' This adopted power is restricted to Hospital and Mental Health services only. Kodiak Island Borough, Alaska Resolution No. FY2013.22 Page 4 of 15 Case No. 13 -022 Appendix Page 10 of 21 • Public Hearing Item 7 D P &L March 20, 2013 130 A. Education Goals and Objectives 131 1. Pursue increased funding at the state and federal level to offset the local cost for 132 education. 133 a. Maintain a vigilant and active lobbying effort to ensure a strong voice for 134 education at the state and federal level. 135 b. Continue to actively participate and support regional organizations such as the 136 Alaska Municipal League and the Southwest Alaska Municipal Conference as 137 vehicles for increased funding for education. 138 c. Continue to support and pursue statewide Borough formation and school district 139 consolidation in order to create a fairer distribution of the cost of education. 140 d. Support legislative efforts to adopt a cost differential foundation formula program 141 that will address the additional cost of education in rural areas. 142 e. Encourage the Legislature to forward fund education. 143 f. Encourage the State Legislature to continue funding school construction and 144 major maintenance projects to the maximum. 145 g. Work with all educational programs through the state -wide workforce advisory 146 council to make curriculum adjustments for the long -term. 147 148 2. Continue to improve on our positive and cooperative working relationship and with 149 the Kodiak Island Borough School District (KIBSD) to maximize efficiency and 150 positive outcomes. 151 a. Maintain an ongoing and open dialogue between the Borough and KIBSD 152 including quarterly or as needed joint work sessions and as early as practicable a 153 preliminary specification of the Borough's contribution amount. 154 b. Annually review all in -kind projects and operations prior to budget preparations 155 by both bodies, and stipulate service types, levels, and agreed costs and 156 financial plans. Provide annual funding for maintanence and renewal and 157 replacement projects on an ongoing basis. 158 c. Annually review with KIBSD all facilities and generate a comprehensive needs 159 and condition survey per building and as needed for incorporation into Item 160 A.2.b. which documents a short (one - year) and long (six - year) plan to address 161 funding, staffing, and projects to address any deficiencies for each facility. 162 d. Encourage the KIBSD to fully fund annual maintenance needs of facilities. 163 e. Create a long -term fiscal plan for budget purposes that deals with the 164 contribution cap and the fiscal shortfalls projected that minimizes negative 165 impacts on school district operations and ensures solid educational programs 166 and adequate maintenance and operations of school facilities. 167 f. Seek cooperative solutions to educational needs that are balanced, sustainable, 168 and effective. 169 170 3. Continue with the current momentum towards addressing the physical condition and 171 safety needs of educational facilities to ensure safe, healthy, sustainable, and well - 172 maintained facilities that are conducive to a positive learning environment. Kodiak Island Borough, Alaska Resolution No. FY2013 -22 Page 5 of 15 Case No. 13 -022 Appendix Page 11 of 21 • Public Hearing Item 7 D P &Z March 20, 2013 173 a. Develop and proceed with the planning, design, and construction of school and 174 related capital improvements within adopted budgets and as approved by the 175 voters. 176 b. Continue to seek funding for student safety projects including safe student 177 access to school facilities. 178 c. Build partnerships with other entities and seek additional funding for capital 179 improvements. 180 d. In conjunction with the school district, develop program plans that will improve 181 facility maintenance, renewal, replacement, and guide facility planning into the 182 future. 183 e. Develop a funding strategy that assures maintenance needs are adequately 184 funded. 185 f. Support career technical educational programs that address regional needs and 186 include a cooperative effort between educational providers and employers. 187 Continue to support vocational opportunities and training. 188 g. Support local, federal, and state efforts to continue the NOAA Discovery Lab 139 Program. 190 191 B. General Administration and Finance Goals and Objectives 192 1. Create a fiscal plan that incorporates KIBSD funding and maintenance costs for all 193 Borough operations including enterprise funds to produce a reliable and 194 comprehensive plan reflecting assumptions and fiscal projections under the current 195 fiscal and political environment. 196 a. Create an annual review of potential financial resources for income of the Kodiak 197 Island Borough budget including but not limited to fisheries, logging, tourism, 198 Alaska Aerospace Corporation, fisheries and oceanic research, and potential 199 federal and state funds. 200 201 2. Continue to provide reliable and competent accounting services to all Borough 202 departments and outside agencies. 203 a. Timely reconciliation of all accounts. 204 b. Prompt payment of all bills. 205 c. Preparation of a comprehensive annual financial report that meets the standards 206 of the Government Finance Officers Association. 207 d. Prepare accurate and timely monthly financial reports. 208 e. Keep accurate records of all Borough fixed assets. 209 f. Comply with terms and conditions of grants, including the reporting requirements 210 of the Federal and State granting agencies. 211 g. Prepare a "Popular Annual Financial Report" that conforms to the standards of 212 the Government Finance Officers popular reporting program and mail to 213 registered voters of Kodiak Island Borough. 214 215 216 Kodiak Island Borough, Alaska Resolution No. FY2013 -22 Page 6 of 15 Case No. 13 -022 Appendix Page 12 of 21 Public Hearing Item 7 D P &Z March 20, 2013 217 3. To professionally manage the Borough's cash and investments, to include the corpus 218 of the Facilities Fund. 219 a. To manage the Borough's investment portfolio in the following order of 220 importance: 221 i. Protect the investments of the Borough. 222 ii. Provide liquidity to pay ongoing obligations of the Borough. 223 iii. Provide interest earnings to help defray the use of property taxes. 224 b. To monitor the banking agreement with our bank and issue and evaluate RFP's 225 for banking services. 226 c. To be proactive in the detection and prevention of fraud. 227 228 4. Provide a comprehensive risk management program for the Borough, including the 229 school district. 230 a. Identify all property that needs to be insured and determine appropriate values 231 and deductable limits. 232 b. Evaluate risk management coverage and financial condition of various insurers 233 and re- insurers. 234 c. Reduce risk by promoting safe practices by employees and identifying potential 235 hazards. 236 237 5. Prepare a budget each year for adoption by the Borough Assembly. 238 a. Ensure the budget meets the standards set by the Government Finance Officers 239 Association. 240 b. Ensure user fees cover the actual cost of providing the service unless a lower 241 level of funding has been approved by the Assembly to minimize general fund 242 subsidies of special services. 243 C. Pay for all recurring expenditures with recurring revenues and to use 244 nonrecurring revenues for nonrecurring expenditures. 245 d. Have a positive undesignated fund balance of at least 15% of the previous year's 246 expenditures and transfers out and have a positive cash balance in all 247 governmental funds at the end of each fiscal year. 248 e. Provide for adequate maintenance of capital plant and equipment and for its 249 timely replacement. 250 251 6. Maintain and shelter a diversified and stable revenue structure from short -run 252 fluctuations in any one revenue source. 253 a. Maintain a diversified and stable economic base by supporting policies that 254 promote tourism, fishing, agriculture, and commercial and industrial employment. 255 b. Institute standard user fees and charges for specialized programs and services, 256 where possible and reasonable. Rates will be established to recover operational 257 as well as capital or debt service costs. 258 259 7. To provide safe and efficient Information Technology (IT) Services to staff and the 260 Assembly Kodiak Island Borough, Alaska Resolution No. FY2013 -22 Page 7 of 15 Case No. 13 -022 Appendix Page 13 of 21 Public Hearing Item 7 D P &Z March 20, 201.3 261 a. Provide current IT hardware, software and training to Borough employees and 262 Assembly in order to enhance efficiencies in the operations of Borough business. 263 b. Ensure safety of Borough data and records through standardization, 264 documentation, and off -site backups. 265 C. Evaluate new software and hardware for use by the Borough, embracing 266 standardization and modernization. 267 268 8. Maintain and expand our internet presence. 269 a. Develop a communication plan to'improve community education. 270 b. The web site should allow public access to meeting schedules, agendas, 271 packets, minutes, employment opportunities, requests for bids and proposals, 272 and review items. Staff shall continue to develop opportunity for public input into 273 the Borough operations. 274 c. The web site should allow public access to all Borough records that are not of a 275 confidential nature. 276 d. The web site should include access to a fully functional Geographic Information 277 System that can be manipulated by layers to show trails, wetlands, land 278 ownership, evacuation plans, and additional links to other public resources. 279 e. Use technology to increase communication between Kodiak Island communities. 280 f. Provide a popular social networking platform for the purpose of disseminating 281 information to the public. 282 283 9. Maintain and expand our comprehensive Geographic Information System (GIS). 284 a. Continue extending the base map layer in the geo database beyond the road 285 system to include the entire borough. 286 b. Synchronize the GIS map with the property records in the assessing department 287 database, enabling the generation of maps displaying any given selection of legal 288 or physical property characteristics. 289 c. Set up a web server, to which the database will be copied nightly, giving the 290 public continuous access to up -to -date property records and user - defined maps. 291 d. Continue to audit the Borough's map layers and parcel information in the GIS 292 and Property Assessment and Collections System (PACS) database. 293 294 10. Collect all Borough receivables in a timely manner. 295 a. Prepare and collect property taxes in an accurate and prompt manner. 296 i. Maintain a low inventory of tax - foreclosed property through regular sales that 297 minimizes negative community impacts. 298 H. Ensure all properties are reviewed and selected for documented public 299 purposes prior to disposal in a timely manner. 300 • 301 11. Continue to work with municipalities and other service providers to increase 302 efficiencies and cooperation that will lower costs to the citizens. 303 a. Continue to pursue efficiencies by utilizing municipal services in a cooperative 304 manner with all municipalities. Kodiak Island Borough, Alaska Resolution No. FY2013 -22 Page 8 of 15 Case No. 13 -022 Appendix Page 14 of 21 Public Hearing Item 7 D P &Z March 20, 2013 305 b. Continue to review and evaluate all options for providing superior services 306 through consolidation, annexation, unification, or other methods that may 307 maximize efficiencies. 308 c. Enforce road service area powers and operations. 309 d. Educate the public on how a neighborhood fits into service area powers and 310 procedures. 311 e. Establish a process that would develop road improvements in a cost effective 312 manner. 313 f. Develop an education program for .new road service area and fire protection 314 board members regarding their empowered duties and responsibilities. 315 1316 (12._Regiew and implement land management strategies for public lands, including! 13317, leases, license agreements, and lard sales that are in balance with the real estate $318. (market. Provide foror lhe-transfer of developable public lands to the private sector i a 1319 (equitable and cost - effective manner? 1320 (al !Evaluate all Borough land on a regular basis and conduct a sale of land in tt h 321 (spring/summer of 2013 That is appropriate for development and in demand) '322 Ib? !Reserve appropriate Borough land far public recreation, while at the same time 1 323' (pursuing through land exchange acquisition of high -value recreational 1324 the road system currently in private ownershil 325 c. Continue to pursue employing professional services through the RFP process for 326 potential large tract disposals and for timber valuation on Borough lands. 327 d. Initiate a review and develop a management system for Borough leases. 328 e. Work toward completion of the ongoing revision of Title 15. 329 330 13. Operate and maintain Borough facilities in a safe, healthy, and attractive manner that 331 creates a positive environment for the community and ensures safe and reasonable 332 access for all citizens including the physically impaired. 333 a. Review lease rates to ensure Borough facilities generate sufficient revenues to 334 pay for adequate operational and maintenance expenses and replacement costs 335 as allowed by market value. 336 b. Work cooperatively develop a Renewal and Replacement schedule for all 337 Borough buildings. 338 339 14. Develop and implement a methodology to systematically review and evaluate 340 Borough operations. 341 a. Review and update the Personnel Rules and Regulations. 342 b. Conduct a review of the Borough salary scale every five 343 years. 344 345 C. Tax Assessment and Collection Goals and Objectives 346 1. Continue to provide a comprehensive taxation and assessment program that is fair 347 and equitable for all citizens that assesses values of all properties at market value 348 a. Review all forms of taxation to ensure 100% inclusion of all taxable sources. Kodiak Island Borough, Alaska Resolution No. FY2013 -22 Page 9 of 15 Case No. 13 -022 Appendix Page 15 of 21 • Public Hearing Item 7 D P &Z March 20, 2013 349 b. Continue to review the property inventory to ensure that property descriptions are 350 current and accurate. 351 c. Conduct field visits and revaluations of another one -third of the properties on the 352 road system and one-fifth of the remote properties in the borough, as part of the 353 cyclical reappraisal program. The current standard is every three years on the 354 road system, every five years off the road system. 355 d. Complete the restructure of the methods and procedures for handling personal 356 property accounts. This includes: 1) Training staff in personal property 357 identification and appraisal; 2) Conducting desktop audits of each return; and 3) 358 Conduct on -site audits of questionable returns and of arbitrarily selected 359 accounts. 360 e. Develop a public education process for the tax assessment procedure. 361 362 2. Update the True Automation PACS database. 363 a. Continue to review each property to ensure the validity of all information 364 concerning that property and input missing data into the PACS database. 365 b. Annually review and update all properties to reflect the annual fluctuations in 366 market values. 367 c. Continue to specify and calibrate land, cost, income and depreciation schedules 368 for all properties in the PACS database. 369 d. Continue the annual program to routinely update exemption accounts and 370 possessory interest accounts. 371 e. Coordinate with the IT department to investigate an aerial survey baseline to be 372 used to help lower costs for annual remote re- inspections. 373 374 3. Work with the IT department and the Clerk's Office to establish procedures to scan 375 all existing hard files into Laserfiche and PACS images to work toward a paperless 376 environment and a permanent electronic record. 377 378 4. Complete the properly access system to place pertinent data from PACS into a 379 public access system for use over the borough website. 380 381 D. Planning and Zoning Goals and Objectives — Community Development 382 1. Implement a zoning and subdivision code that encourages economic development 383 opportunities in appropriate zoning distircls and maintains the quality of life in 384 residential neighborhoods. 385 386 2. Continue a viable enforcement presence in the community, one that educates the 387 public as well as protects neighborhoods from conflicting uses. 388 389 3. Work with rural communities around the island to provide a flexible zoning 390 classification that recognizes the change in social and economic structure of the 391 community. 392 Kodiak Island Borough, Alaska Resolution No. FY2013 -22 Page 10 cf 15 Case No. 13 -022 Appendix Page 16 of 21 Public Hearing Item 7 D P &Z March 20, 2013 393 4. Meet quarterly or as needed with the Planning and Zoning Commission to review 394 existing issues and new initiatives related to planning, zoning, and subdivisions. 395 a. Provide a training program for Commissioners that addresses their need to 396 understand the legal and community responsibilities of the position as well as 397 promoting the talent and expertise needed at this level. 393 b. Provide for commission attendance at new commissioner training events, 399 subscription services to appropriate planning commissioner journals and on -line 400 resources. 401 c. Provide regular training through the Borough Clerk's office on the open meetings 402 act and parliamentary procedure to ensure that commission meetings offer fair 403 and equitable treatment to all citizens. 404 405 5. Encourage a Transportation System that is multi -modal and coordinated in order to 406 create a system that makes it easy to travel throughout the Kodiak Island Borough, 407 including remote communities and areas. 408 a. Build on the recommendations of the Island Wide Transportation Plan that 409 encourages development of transportation of passengers and freight around the 410 island on a regular basis. 411 b. Review new subdivision development to determine the impact of traffic 412 generation on existing roads, and incorporation of bike trails, and public 413 transportation opportunities. 414 c. Incorporate pedestrian (bike and walking) trails where possible into existing 415 roads and incorporate into new road construction. 416 417 6. Oil and Gas Programs 418 a, Review and modify if necessary the "Tri- Borough Position Paper" on oil and gas 419 drilling in the Shelikof Straits and lower Cook Inlet. 420 b. Lobby to reinstate the State of Alaska Coastal Management Program that allows 421 for meaningful enforceable policies that reflect local concerns and which allow 422 borough residents a greater opportunity to interact with state and federal 423 agencies during the coordinated review of development projects within the 424 Borough's coastal zone. 425 c. Encourage a rewrite of the State's Coastal Management Program and the 426 Borough's Coastal Management Plan to give the Borough the maximum authority 427 possible to govern its own coastal zone and resources and to have a seat at the 428 table on larger resource development issues that recognizes the local use 429 (commercial, subsistence, and sport caught fish and game) resources. 430 d. Support the sharing of Federal offshore oil and gas revenue with coastal 431 communities in order to provide for planning and implementation of measures to 432 address coastal impacts due to oil and gas development. 433 434 7. Continue to work towards the delivery of high quality services with reasonable 435 staffing levels by encouraging the efficient use of assets and by vigorously pursuing 436 stateffederai planning grants. Kodiak Island Borough, Alaska Resolution No. FY2013 -22 Page 11 of 15 Case No. 13 -022 Appendix Page 17 of 21 Public Hearing Item 7 D P &Z March 20, 2013 437 a. Seek out and utilize other State and Federal planning programs and integrate 438 them with existing Borough planning needs and local goals to maximize 439 resources. 440 b. Improve code enforcement throughout the community by continually educating 441 residents on the zoning issues and the proper way to handle garbage and junk 442 vehicles. 443 c. Review current method of enforcement of code violations as a misdemeanor and 444 institute a program of civil fines through a ticketing procedure. 445 446 8. Monitor and review the Building Inspection Program to ensure an efficient and cost 447 effective program for the community. 448 449 9. Help educate residents throughout the Borough (including rural Communities) on 450 planning programs that affect them such as zoning, subdivision, and a coastal 451 management program and how it may affect their community and development in 452 subsistence areas adjacent to the city or village. 453 10. Encourage the ability to locally grow produce with minimal government regulation 454 through the installation of hoop houses that extends the growing season. 455 456 E. Emergency Services Planning — Community Development 457 1. Continue to work with the communities around the island (City of Kodiak and rural 458 communities) as well as other emergency responders to maintain an up -to -date 459 emergency response plan for each geographic area. 460 a. Continue to seek out and implement grant programs to aid in funding the update 461 of emergency operation plans (EOP), responder's equipment purchases, and 462 training opportunities. 463 b. Provide opportunities to ensure that all emergency personnel and Incident 464 Command general staff are trained to perform their tasks in the case of a disaster 465 or community emergency. 466 c. Continue to educate the public as to individual and family preparedness 467 response procedures in the event of a disaster or community emergency. 468 d. Provide adequate funding to maintain and if necessary replace tsunami sirens 469 around Kodiak Road system outside of the City limits. 470 e. Pursue training all borough staff to the levels of Incident Command System (ICS) 471 100 and 200 and National Incident Management System (NIMS) 700 and 800. 472 f. Seek to carry out one disaster exercise for Borough staff annually, 473 g. Complete the update to the village Hazard Mitigation Plan Annexes making each 474 village eligible for hazard mitigation grants prior to a disaster. 475 h. Organize and lead Local Emergency Planning Committee (LEPC) meetings with 476 first responders and policy makers through continued acquisition of state LEPC 477 grants. 478 i. Establish a Continuity of Service Plan for each department. 479 480 481 Kodiak Island Borough, Alaska Resolution No. FY2013 -22 Page 12 of 15 Case No. 13 -022 Appendix Page 18 of 21 • • Public Hearing Item 7 D P &Z March 20, 2013 482 F. Community Health Goals and Objectives 483 1. Seek to acquire sufficient land to support future Hospital growth that is reflective of 484 the Master Facilities Plan for the Hospital. 485 a. Seek to acquire sufficient land to serve any future construction needs. 486 b. Work cooperatively with hospital management to explore replacement of the care 487 center with a new facility that will meet the current and future needs of long -term 488 care. 489 c. Work cooperatively with hospital management to provide a better facility, and 490 possibly closer to the hospital, for rehab services. 491 d. Seek to research all options in order to provide quality health care to citizens of 492 Kodiak Island. 493 494 2. Continue to advocate for appropriate full reimbursement of hospital costs and citizen 495 medical expenses covered by the State, Federal government, and United States 496 Coast Guard in an equitable manner. 497 498 3. Seek out additional grant opportunities. 499 4. Advocate for the best health care in a coordinated manner with Federal, State, and 500 local agencies. 501 502 5, Work with other agencies in Kodiak to develop quality health care facilities for Kodiak 503 Island citizens. 504 505 6. Work cooperatively with hospital management to review the status of hospital 506 facilities including renewal and replacement projects on an annual basis. 507 508 G. Solid Waste Collection and Disposal Goals and Objectives 509 1. Continue implementation of the comprehensive solid waste management plan that 510 addresses the solid waste function for the next 20 to 50 years in a cost effective and 511 efficient manner. 512 a. Continue to monitor the Solid Waste rates. 513 b. Continue to take steps to extend the existing landfill life as well as any new cells 514 through comprehensive reduce, reuse, and recycling efforts. 515 c. Continue to investigate federal and state loans and grants to pay for lateral 516 expansion and closeout of the existing "footprint" upon closure. 517 d. Work with community partners including KIBSD, Kodiak College, and United 518 States Coast Guard to recycle waste and to add recycling education to their 519 education programs. 520 e. Continue to coordinate with the City of Kodiak on the junk auto removal program. 521 f. As a priority, develop an associated business plan for convenience /reuse 522 stations prior to implementation. 523 g. Continue efforts through the existing professional services agreement to 524 accomplish solid waste objectives. 525 h. Commit funding for community outreach and education. 526 Kodiak Island Borough, Alaska Resolution No. FY2013-22 Page 13 of 15 Case No. 13 -022 Appendix Page 19 of 21 Public Hearing Item 7 D P &Z March 20, 2013 527 2. Review and update the Solid Waste Management Plan. 528 529 3. Evaluate and analyze the recycling program to create a long-term participatory 530 program and plan that is sustainable and continue to aim for the diversion goals of 531 50% by 2020. 532 (533 IH. Parks and Recreation Goals and Objectives 5341 O (Evaluate and lidentify those (lands (under Borough o nw ership (that would (a ppropriatly developed for passive parks and recreation facilities 536 a. Develop a comprehensive Parks : Plan to guide future investment decisions on 537 new parks and ensure adequate maintenance of exisiting parks including a 538 renewal and replacement plan for existing parks. 539 b. Review urban areas for potential neighborhood pocket parks in areas of existing 540 residential development. 541 c. Develop standards for playground equipment and related improvements to 542 ensure the highest degree of utility and safety at the lowest reasonable cost. 543 d. Meet with the Parks and Recreation Committee on a quarterly or as needed 544 basis. ref (Retain access to public lands for the enjoyment of all recreation users) 546 f. Create an interconnected system of multi -use bicycle and pedestrian paths for 547 residents and visitors. This trail system should link schools, parks, 548 neighborhoods, and trails with multiple destination points. 549 g. Continue to work with the City of Kodiak and the KIBSD to ensure that the 550 construction, operation, and maintenance of joint use recreation facilities are 551 efficiently managed in the best interests of the overall community. 552 553 2. Encourage the Parks and Recreation Committee to move ahead with conceptual 554 plans for Mill Bay Park and End of the Road Park. 555 5 ! ID Economic Development Goals and Objectives 557 1. Maintain vigilance and effective participation in fishery politics and legislation that 558 advocates for long -term preservation of landings of product to the Borough and 559 ensures any environmental restrictions on fisheries are based on sound science and 560 fairly reflect any socio - economic impacts on our region. (561 n (Continue to of with _the City of Kodiak, including the Kodiak Fisheries Work (Group? grid - (Kodiak IFisheries (Advisrry, (Council ((KFAC) L (pursue) (al 5 ' (comprehensive and effective program that leads to sustainable and economicall) 6 (productive fisheries that ensure the long -term health of the fishery habitat and (565: (ecosystem) 566 b. Manage a shared fisheries representative for the Kodiak Island Borough and the 567 City of Kodiak at all levels of fisheries management meetings. 568 c. Find and work with industry representatives that have a regional and cooperative 569 focus to assist in the direction of efforts and resources in affecting fisheries policy 570 and legislation. Kodiak Island Borough, Alaska • Resolution No. FY2013 -22 Page 14 of 15 Case No. 13 -022 Appendix Page 20 of 21 Public Hearing Item 7 D P &Z March 20, 2013 571 d. Determine and foster strategies to create a statewide force to offset negative, 572 incorrect, or misleading information about fisheries. (573 ,re) (Encourage development of educational programs at Alaska Fisheries Scie cn e, (574 (Center, Kodiak Fisheries Research Center (KFRC), Kodiak College, and KIBSD. (575 (that support seafood science projects and-fisheries and aquatic research in the (576' (Kodiak Archipelago 577 578 2. Actively pursue increased opportunities for fish cargo. 579 580 3. Continue to pursue high quality broadband telecommunications access through fiber 581 optics and microwave sites to provide Internet access to outlying areas. 582 a. Ensure that telecommunications is integrated into long -term plans to allow for 583 maximum efficiencies and minimize redundancies through use of common 584 easements and infrastructure. 585 586 4. Work with Kodiak Chamber of Commerce to promote, encourage, and support the 587 development of small businesses /home businesses including those in the outlying 588 communities. 589 590 5. Work with Kodiak Chamber of Commerce and Discover Kodiak to promote quality 591 tourism. 592 593 6. Work with employers for new job opportunities with community agencies as 594 determined through the Kodiak Workforce Regional Advisory Council. 595 596 J. Animal Control Goals and Objectives 597 1. Support a program that protects the public and animals in a cooperative cost 598 effective and efficient manner. 599 600 2. Contract with the City of Kodiak for animal control officer services. 601 602 K. Fire Protection and First Responder Emergency Medical Services Goats and 603 Objectives 604 605 1. Continue to support fire, rescue, and emergency medical services that protect the 606 lives and property of the public. 607 608 3. Maintain an adequate staff of volunteers who are properly equipped and trained for 609 the services they provide. 610 611 4. Continue to support the cooperative training and emergency responses between the 612 Borough Fire Protection Service Areas and other emergency services within the 613 Borough. Kodiak Island Borough. Alaska Resolution No. FY2013 -22 Page 15 of 15 Case No. 13 -022 Appendix Page 21 of 21 • Y °' ' KODIAK ISLAND BOROUGH •" x ti ° ! " AGENDA STATEMENT REGULAR MEETING OF: APRIL 18, 2013 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2013 -15 A Rezone According to KIBC 17.205.0 to Rezone Proposed Lots 5B and 5C, Block 1, Chiniak Alaska Subdivision From PL- Public Use Zoning District To Rural Residential Two Zoning District (P &Z Case 13 -018, Chiniak). ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -15; P &Z Resolution; P &Z Decision Letter; Provisional Minutes; P &Z Case Packet APPROVAL FOR AGENDA: j SUMMARY STATEMENT: The Borough Resource Management Officer has identified two parcels of land which may be suitable for disposal at a future land sale. Planning and Zoning Commission Cases No. 13 -019 and 13 -002, declared these two parcels as surplus to the public's need. Prior to public disposal, a rezone to a suitable residential zoning district is required. The adopted plan guidance and surrounding neighborhood indicate that the Rural Residential Two Zoning District is the most appropriate zoning district for the purpose of disposal. The Commission held a public hearing on March 20, 2013, on this request and found the request to be consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -15 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: Community Development 1 Drafted by: Resource Management 2 Officer Introduced: 04/18/2013 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2013 -15 8 9 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 REZONING LOTS 5B AND 5C, BLOCK 1, CHINIAK ALASKA SUBDIVISION 11 FROM PL- PUBLIC USE ZONING DISTRICT TO RR2 -RURAL RESIDENTIAL 12 TWO ZONING DISTRICT (P&Z CASE 13 -018, CHINIAK) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone two (2) 15 lots in Block 1, Chiniak Alaska Subdivision, and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that these 21 lots be rezoned, finding that the public necessity, convenience, general welfare, and good 22 zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: Lot 5B and Lot 5C, Block 1, Chiniak Alaska Subdivision are rezoned from 34 PL- Public Use Zoning District to RR2 — Rural Residential Two Zoning 35 District. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 38 Commission are hereby confirmed as follows: 39 40 41 17.72.020 A. Findings as the Need and Justification for a Change or 42 Amendment. 43 44 The community has expressed the need for additional residential land to be 45 made available for development purposes. 46 47 The Borough Assembly has reviewed and approved a number of surplus 48 parcels for disposal. 49 50 Some of these lots need to be surveyed and zoned appropriately for 51 residential development before they can be included in a future land sale. Kodiak Island Borough, Alaska Ordinance No. FY2013 -15 Page 1 of 2 52 17.72.020 B. Findings as to the Effect a Change or Amendment would 53 have on the Objectives of the Comprehensive Plan. 54 55 A rezone of the subject parcel would be consistent with objectives of the 56 2008 Kodiak Island Borough Comprehensive Plan Update. 57 58 A rezone of the subject parcel would work to implement the Comprehensive 59 Plan. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2013 63 64 65 KODIAK ISLAND BOROUGH 66 67 68 69 Jerome M. Selby, Borough Mayor 70 71 ATTEST: 72 73 74 75 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013 -15 Page 2 of 2 ICI dii t Island It` ®rough * •, / Community Development Department }t � 9:b 710 Mill Bay Road " i Ii 4 ' � ",� �,. Kodiak, Alaska 99615 ' '9 L ash Phone (907) 486 -9363 Fax (907) 486 -9396 ` www.kodiakak.us v March 27, 2013 Mr. Bob Scholze, Borough Resource Officer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Case 13 -018. Request a rezone investigation, according to KIBC 17.205.030, of proposed Lots 5B & 5C, Block 1, Chiniak Alaska Subdivision from PL- Public Use Zoning District to RR2- Rural Residential Two Zoning District. Dear Mr. Scholze: The Kodiak Island Borough Planning & Zoning Commission at their meeting on March 20, 2013 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment, The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486 -9363. Sincerely, Ch lb" vnits • Sheila Smith Secretary CC: Nova Javier, Borough Clerk Kodiak Island Borough Planning & Zoning Commission Minutes March 20, 2013 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the March 20, 2013 regular meeting of the Planning and Zoning Commission at 6:34 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, RickeV.alil; Sonny- inberg, Kathy Drabek, and Frank Peterson. F) Case 13 -018. Request a Rezone, according to KIB �1 `205, o \\ osed Lots 5B & 5C, Block 1, Chiniak Alaska Subdivision from PL- Public District to RR2- Rural Residential Two Zoning District. The applicant is(the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Man The location is Lots 5B and 5C, Block 1, Chiniak AK Subdivision. The zoning s'P_L- Public Use Lands. Lydick stated this request for rezone an act pre to disposal as recommended by the commission in Case 13 -002 on JulyQ, 20.12: The Case 13 -019 asks to expand nd the commission's disposal recommendation in that•case by including an additional lot, Lot 5B. Nine public hearing notices were sent out for'this request. A rezone of these 2 lots to the RR2 Zoning District is consistent with the Comp Plan and advances the public policy initiative of making surplus public landsiava\ble \to the private market with the expectation of ent.inere development and consequases -in ) revenues. Staff recommended that the commission forward this rezone request to the \ Assembly with a recommendation for approval. COMMISSIONER VAHL' M t o recommend that the Kodiak Island Borough Assembly approve a rez` e,�accor to -KIBC 17.205.030 C, to rezone proposed Lots 5B and 5C, Block 1, Chiniak bdivision \ from PL- Public Use Land to RR2 -Rural Residential Two, and to adopt those findings the staff�report dated February 8, 2013, as Findings of Fact for Case No. 13- 018. n/</ The public hearing was opened & closed. There was no public testimony Discussion v FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. March 20, 2013 Page 1 of 2 P &Z Minutes 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY c o 0 'Ci N%---/ March 20, 2013 Page 2 of 2 P &Z Minutes Public Hearing Item 7 -F P &Z - March 20, 2013 Image Overlay Request: A rezone,,investigation, according to KIBC`17 205 �.: P'& Z Case # 13 - 018 to; rezone proposed'sLots SB & SC, Block 1 Chiniak Alaska *`, K odiak Island B orou g h Subdivision, frthn PLPublic Use Land to Rural Residential Agent Bob Scholze Two zoning oistnct i' T r • FY .J J at , f f --44,- � , 4 ' x - 1 -.a 'ry,,r -.41, ate. wr. ` 4y x $ 4,4 +e . .:: > ]- � yp e ms ∎•!..P i f �� � �t � { i NI 'i ' -M .,,i7. . ,9 L. r y . r P S 4 . 3 .�"'d 1 ^• "° s,6. ry 7. -.f .1 a . t sets-7-2-'4 r R w. ma d . " .,. • 2i ♦ P` ' Y_ t .et ,! • 1' t yT � y k � Ti J , Rezone area r ' r 1 _ - -A t ` P ° ' Proposed Lots 5B & 5C e °' 4. - 4. ' , p ° Kodiak Island Borough GIS System 1 ' 0 90 180 360 540 720 Feet p i This map was prepared f rom the Kodiak Island Borough's GIS System_ It is provided for the purpose of showirg the general location of ag property within the Kodiak Island Borough Th m ap does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Islantl Borough IT Oepariment at (90]) 486 -9333 Introduction - Page 1 of 3 Public Hearing Item 7 -F P &Z - March 20, 2013 Kodiak Island Borough Zoning Map • Community Development Department ruutxi Zoning Request:A rezone investigation, accordinga: '. flip P s? ease #113 -018 azi rezone proposed natj � Block L Chiniak Alaska Kodiak Island Borough Subdivision, tom PL-Public Iga fJRural Residential Agent: Bob Scholze t ° Zoning District. oste att Rezone area Proposed Lots 5B & 5C Zoning Legend Public Use Lands I Rural Residential 1 I Multi Family Residential r^ Light Industrial M Watershed 111111111, Rural Residential 2 I 1 Business 1 1 Rural Neighborhood Commercial Conservation Single Family Residential I I Retail Business Etag Urban Neighborhood Commercial Rural Residential Two Family Residential I I Industrial Natural Use This map was prepared from the Kodiak Island Borough's GIS System. Its provided for the purpose of showing the general location of a properly within the Kodak Island Borough. This map does not represent a survey. More information about the mapping data nn be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 2 of 3 Public Hearing Item 7 -F P &Z - March 20, 2013 Current Location Request: A rezone investigation, according to KIBC 17.205, P & Z Case # 13 -018 to rezone proposed Lots SB & 5C, Block 1, Chiniak Alaska Kodiak Island Borough Subdivision, from PL- Public Use Land to Rural Residential Two Zoning District. Agent Bob Scholze a N ihros �1 °° , of tit.0% Um WO ' Rezone area Proposed Lots 5B & 5C Kodiak Island Borough GIS System 0 1,125 2,250 4,500 6,750 9,000 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general Location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 3 of 3 Public Hearing Item 7 -C f P &Z - February 20, 2013 Icr . „_ Kodiak Island Borough ry;, ?%% : OFFICE of the MANAGER ' ` S ri x, 710 Mill Bay Road Kodiak, Alaska 99615 S O6 b Phone (907) 486 -9304 Fax (907) 486 -9374 E-mail: rscholzeakodiakak.us To: Planning and Zoning Commission From: Bob Scholze, Resource Management Officer Date: February 4, 2013 Re: Cases 13 -018 & 13 -019 Both of these cases, one a land disposal review and the other a rezone, address the same Borough property on King Crab Way behind thc Chiniak School. Case 13 -019 is a Land Disposal Review which expands the area previously determined by Resolution FY 2013 -01 to be surplus to a public need (proposed Lot 5C, Block 1, Chiniak Alaska Subdivision) to include also proposed Lot 5B (see Case S13 -010). A surplus to public need determination for proposed Lot 5B would then potentially make two lots available for future land sale. This would maximize the advantage of existing infrastructure at the land sale. It would also take the opportunity, by incorporating it into the plat, to increase the area of the Chiniak School tract (proposed Tract El) by attaching a portion of Lot 5 so that the school tract will be consistent with the ten (10) acre minimum standard the State has established for a grade school. Preliminary plat approval for thc subdivision of Lot 5 and enlargement of the school tract was granted by the Commission at the December, 2012 meeting. Case 13 -018 is an associated request to then rezone proposed Lots 5B and 5C from the PL- Public Use zoning district to the RR2 -Rural Residential Two zoning district. This rezone would be consistent with the Proposed Future Land Use designation for the Chiniak Area in the 2008 KIB Comprehensive Plan Update (p. 76). The portion of Lot 5 that will be incorporated into the school tract will remain zoned PI, as will proposed Lot 5A, the site of the Chiniak Library and Tsunami shelter. Application - Page 1 of 3 Public Hearing Item 7 -C I _ PR7 Fahni 9Q 9013 _ �,- Kodiak Island Borough L , Pimt Form- I Submit by Email 1 i >"', - ' Community Development Department wx,4, 710 Mill Bay Rd. Rm 205 ! Kodiak AK 99615 Rt'' Oahe Ph. (907) 486 - 9362 Fax (907) 486 - 9396 htto://www.kodiakalcus PROP_ID (q,zs Application for Rezone KIBC 17.205 The following information is to be supplied by the Applicant: Property Owner / Applicant: l!m7(i1 kt Sc.. LY'oZn ((1 Mailing Address: - 7161 — 414. L: QA/ Q b . Phone Number: eI r7 �/ , , �i^70 - 9,3r Other Contact email, etc.: Phi rS G � i�j2a(?_�rZt'�alccrC.., us Legal Description: Subdv: Block: Lot: 9,4 Lot �,0 1_c; 5, CNrn3rA AY. step 1 9 ♦ 'SS Street Address: 1i H KI4,F i;-)p-ii I_ ■11ti~Ir Current Zoning: P Proposed Zoning: R A Applicable Comprehensive Plan: zz. kie I rem pre. Lhe Pt.A4 tt{ Explanation of the need &justification for a change or amendment of zoning: 6 'vl < sit.ii 1)/t( /k5retw- e..rty e) li cc. ±i:r7- e . - i zGAIl m l JJ en I's 0 •• 5 - r '..a....._. • u - tat,t _Y ' C: 4_t L . , . ' r • ,e L .. , I 4 I 1t r br _. Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: • . iiC..a, . " 4r � f" s ( __ . . I ( i • ' 44t %am- [Al i `_ et . C • i I 1 . tAit ... At.. . �' i . . r .&, i i / ej. I _. 5 . . a. . • 1 3 - Date: Signature: t �, % ' 2 M 0 L Applic - Page 2 of J 3 2 &Zon0E - a_ -,z, R2z —, „ a \ \ eLrc GLM \ \ • woo nom czy \ ' ®• .mm a tat ' � VICINITY MAP w. au uT 82 ywwwwww ... TRACT Et , -M'\` *,j y.r.: on ONION School \\ (A. \ \ _ �'a � � O V,i p O��� I utazssa.roa r"---..... (\ \ .i,ya �. b >,,,, < 4122r _ • \� O \ \ a et... / / -74 7 ear" / :-••—,•- \ U11U' EASEMEN( ��' /// \ \ „,........4...,.......... - w �v \\ \ .P ~ ' te a •.. r � � — ,\ yam / r. �' AA, . Loonanoopwour mos Lauer .. D.F�r RAa .rR O ' -�- M]o- @a \ w ...:r,,..-....,..- .._.�.... �x o0 3 mrr c.o.._, ft.... Yw Ew°,sI / B^� C �p3 ( \ BLO T\ I soon K,wrv.{aa.M[Nr A 0 1 00 • 0101 nons an/ **me ana00.4.0•04040•000.000 01 rw..rnr Y. a " . � • v rc.r.nr.r .......... — ro.�.v ...rr.r. I . 1 ' .[rte. '� CLEAT Na WY AN \ A .m w°:r.3.:r.°rw.r..rr:°.. 'I\ .. . "1- TED .i WCM \ y \ .+�iwr wu..rw -- __ I : s o °� • \ Kodiak - _ L Island _ ,,,,,,t + - - . /�- ' \ \ \ (C Borough - --1 ►r! p6,1 . Q ` FEE.-. sa zr.�wrt 'u .v»...:..- . ,.. -+. .... r..:... W Subdivision '^ \ ^ n I �� _ - - - i o s � ' ----\ r =�':' .. a., CJ 1.12210 N . , `AYrn Vi � ., I j r. So �" rW:�:wv ow • co 14 I TM 0/0110100030 ., // .._.r_... -..r_ . Qo C • �,3 .,.r vim.. r.rr ' 11 suss r... U. 1 (7 la 4 5A I 1 ass Apra . © . b 1 G 1l = PiTEPANC0 PR AWES*/ We* L-31.41' 1 1 Q co 1,.............................................. ° / / A - moo' /� A SUD 1d10F ' CHINA( ALASKA SUBDIVISION. BLOCK I 1..r:r� ..sowa....r.wr.rr 1. 1 TRACTEILOTS :w °.rv..a. a°a..i... I // CREATING a+ A wwarwww I3 1 I ' / / AART1.a LOTS SA, BBB(1TMCT Et N CD Sys .� wra.+.n.etwr,ar., / / . .. L r / W( AI 41 3UBDNLSION war.,r >I...W ,�...1,.. _ P t116J�i Y CHiN MA. AUM.tl4A. . 0 s I T , ! — . ..°y .(ODCI LAND SUSVEIING env �� ..... ra.: .:rr, ., CAI Public Hearing Item 7 -C P &Z - February 20, 2013 Location Request a Rezone, according to KIBC 17.205 C, Portion of 43318 Spruce Way to rezone proposed Lots 5B & 5C, Block 1, P &Z Case 13 -018 Chiniak Alaska Subdivision from PL- Public Use Kodiak Island Borough/ Zoning District to Rural Residential Two Zoning Bob Scholze District o ` O � ., Ili S 0 „........______\/, r. as ' r ...___ 4s a Kodiak Island Borough GIS Legend N Feet Subject Parcel W . 4 E ral 0 475 950 �o O Notification Area t t I 1 1 r i I t S This map was prepared from the Kodak Island Borough's GIS System. II is provided for me purpose of sho hig the general loraba, of a property y within the Kodak Island Borough This map does not represent a on'oy. Mme information about the mapping date cal be obtained by contacting the Kodiak Island Borough IT Department 91 (907) 486 -9333. Public Comment - Page 1 of 3 Public Hearing Item 7 -C P &Z - February 20, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 January 7, 2013 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2013. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -018 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze REQUEST: A Rezone, according to KIBC 17.205 C, to rezone proposed Lots 5B & 5C, Block 1, Chiniak Alaska Subdivision from PL- Public Use Zoning District to Rural Residential Two Zoning District LOCATION: Chiniak AK Subdivision, Block 1, Portion of Lot 5 This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, on Tuesday, February 5, 2013 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmithkodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free number is 1- 855- 492 -9202. One week prior to the regular meeting, on Wednesday, February 13, 2013, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Public Comment - Page 2 of 3 Public Hearing Item 7 -C P &Z - February 20, 2013 MARY BROWN EDWIN H CHRISTMAN KODIAK ISLAND BOROUGH PO BOX 5574 PO BOX 5513 710 MILL BAY RD CHINIAK, AK 99615 CHINIAK, AK 99615 KODIAK, AK 99615 ROBERT MURPHY MARY SYMONOSKI ALANA TOUSIGNANT 408 LILLY DR 1517 LARCH ST P.O. BOX 5547 KODIAK, AK 99615 KODIAK, AK 99615 CHINIAK, AK 99615 NELLIE TRAVIS RICHARD WOOD P.O. BOX 5528 PO BOX 5535 CHINIAK, AK 99615 CHINIAK, AK 99615 Public Comment - Page 3 of 3 Public Hearing Item 7 -C P &Z - February 20, 2013 MEMORANDUM DATE: February 8, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 20, 2013 Regular Meeting CASE: 13 -018 APPLICANT: Kodiak Island Borough Agent: Bob Scholze REQUEST: A rezone investigation, according to KIBC 17.205, to rezone proposed Lots 58 & 5C, Block 1, Chiniak Alaska Subdivision, from PL- Public Use Land to Rural Residential Two Zoning District. LOCATION: 43318 Spruce Way. ZONING: PL- Public Use Zoning District Nine (9) public hearing notices related to this request were mailed on January 7, 2013. Date of site visit: None Made 1. Zoning History: Ordinance 88 -16 -0- rezoned 5 through 8, Block 1, Chiniak Subdivision from RR2 -Rural Residential Two to PL- Public Use Land 2. Lot Size: Lot 56 2.33 acres, Lot 5C 2.23 acres 3. Existing Land Use: Community Tsunami Shelter and Library /Vacant Land. 4. Surrounding Land Use and Zoning: North: Chiniak Alaska Tract E (Chiniak School Tract) Use: Elementary School Zoning: PL- Public Use Zoning District South: Lot 5A (proposed) Block 1 Chiniak Alaska Subdivision Use: Public Library — Tsunami Shelter Zoning: PL- Public Use Zoning District East: Lot 4 Block 1 Chiniak Alaska Subdivision Use: Single Family Residence Zoning: Rural Residential Two Zoning District Staff Report - Page 1 of 5 Public Hearing Item 7 -C P &Z - February 20, 2013 West: T29S R18W (remainder portion Chiniak Alaska Subdivision — 147.74 acres) Use: Vacant Zoning: C - Conservation Zoning District 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan designates the proposed rezone area as Rural Residential (2 acre minimum unless otherwise noted.) 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. Chapter 17.60 RR2 — Rural Residential Two District 17.60.010 Description and intent. The RR2 rural residential two zoning district is established as a land use district for large lot, low- density, residential and general agricultural purposes. For the rural residential two district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use of land for low- density residential and general agricultural purposes; B. To prohibit commercial and industrial land uses; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; and D. To discourage land uses which, because of their character or size, would create unusual requirements and costs for public services. 17.60.020 Permitted uses. The following land uses and activities are permitted in the rural residential two district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner - occupied dwelling is present on the premises; E. Greenhouses; F. Home occupations; G. Horticultural buildings and activities; H. Single- family dwellings; I. Vacation homes; J. Bed and breakfasts; and K. Hoop houses. 17.60.030 Conditional uses. The following land use may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Fireworks stands. Staff Report - Page 2 of 5 • Public Hearing Item 7 -C P &Z - February 20, 2013 17.60.040 Area requirements. A. Lot Area. The minimum lot area required is two acres. B. Lot Width. The minimum lot width required is 200 feet. 17.60.050 Yards. A. Front Yard. The minimum front yard required is 50 feet. 8. Side Yard. The minimum yard required, on each side of a principal building, is 20 feet. C. Rear Yard. The minimum rear yard required is 20 feet. 17.60.060 Building height limit. The maximum height of residential buildings shall not exceed 35 feet. COMMENTS As indicated in the companion memorandum submitted by the Resource Management Officer (RMO), land in this area was previously identified as surplus to borough needs. In the process of having the area surveyed, additional area was identified as potentially surplus. This request seeks to have both proposed lots rezoned making them ready for disposal. In order to ensure that the additional lot is also approved for disposal, and to avoid confustion with the balance of proposed Lot 5A which will remain zoned PL- Public Use Land, an effective clause is recommended that the zoning will not go into effect until the plat is ready to file at the same time. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The applicable comprehensive plan provides under Goals and Implementation Actions, Housing; "Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents The applicable comprehensive plan also provides "Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses ". "For example, in assessing the need and most appropriate locations for new ....(sic].... land, consider the following factors ". The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. Recent development trends in the area: Proximity to adequate public facilities, including roads, water, and air transport facilities, as well as water and wastewater treatment facilities. Land suitability: Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural resources. 1 2008 Comprehensive Plan Update, page 480 of 516. 2 2008 Comprehensive Plan Update, page 473 of 516. Staff Report - Page 3 of 5 Public Hearing Item 7 -C P &Z - February 20, 2013 Traffic impacts: Parcel size, topography and other site characteristics as they relate to the requirements of residential use(s [sic]. Size, topography, and other characteristics are suitable for residential purposes. The request is consistent with the recently adopted Kodiak Island Borough 2008 Comprehensive Plan. The plan identifies this general area, and this specific location, for low - density residential use(s). Rezoning the subject parcels to the Rural Residential Two Zoning District will work to implement the Comprehensive Plan. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 C, to rezone proposed Lots 58 and 5C, Block 1, Chiniak Subdivision from PL- Public Use Land to RR2 -Rural Residential Two, and to adopt those findings in the staff report dated February 8, 2013, as Findings of Fact for Case No. 13 -018. FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. Staff Report - Page 4 of 5 Public Hearing Item 7 -C P &Z - February 20, 2013 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. Staff Report - Page 5 of 5 ¢ " ° KODIAK ISLAND BOROUGH .:0 " ,< ,-p AGENDA STATEMENT REGULAR MEETING OF: APRIL 18, 2013 ITEM NO.: 13.D.1 TITLE: Confirmation of the Assembly Appointment to the Service Area No. 1 Board. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Mr. Howell's application; SA1 Board recommendation backup APPROVAL FOR AGENDA SUMMARY STATEMENT: There is currently on vacant seat on the Service Area No. 1 (SA1) Board for a term to expire October 2015. The Clerk's office received one application from Mr. Curtis Howell and the application was forwarded to the SA1 Board for consideration. The Board met on Monday, March 11, 2013, and forwarded its recommendation to appoint Mr. Howell to the vacant seat. 4.15.04 Vacancies. D. The clerk shall provide a standard application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the clerk who shall forward copies to the service area board. E. The service area board may submit its nomination of a person from the submitted applications to fill the vacancy to the assembly. The assembly shall appoint a new member selected from the submitted applications for the remaining unexpired term. RECOMMENDED MOTION: Move to confirm the Assembly appointment of Mr. Curtis Howell to the Service Area No. 1 Board for a term to expire October 2015. Kodiak Island Borough Page 1 of 1 March 11 Draft Minutes - Action by SA1 Board recommending to Assembly to appoint Mr. Curtis Howell 7. ACTION ITEMS a. Budget FY2014 Chair Arndt provided the Board with the Budget Worksheet Report for FY14. Discussion ensued on raising the mill rate from 1.5 to 2 to cover increasing costs. The proposed budget and work plan was thoroughly reviewed. Discussion on the budget ensued. b. Discussion on Service District Contract. Involved open discussion on strengthening wording on nc , two -year contract. The Chair would work with KIB Maintenance Coordinator Bob T cke to firm up contract & proposal (RFP) and hoped to have it advertised during the month of -March. rtfr Also in need of separate Time /Materials contract to go out m'May for putting D1 on the roads, applying calcium chloride to the new'D l-,some ditch and .culvert work on Eli Wasilie, Woodland Drive, and Mallard Way; three projects totaling $400,000 plus. N. c. Recommendation of Appointee, Curtis Howellor open board eat. There was currently a vacant seaf'on the board d ue to a lack of candidates during the 2012 Borough Election. An applicationjwas , xeceived from;Mr. Curtis Howell on February 12, 2012, for the seat term to expire October 2015..` The Board :5 recommendation of appointment would be forwarded to the Assembly for cunfirmatio\ at an upcoming meeting. or SPALINGER moved to forward appointee name to the,Assembly. ROLL CALL VOTEON'MOTION,CARRIED UNANIMOUSLY. 8. NEW BUSINESS \ ~4, t' { \ a . Eublic Hearing :for FY2014 budget. Chair Arndf closed the Regular Meeting and opened the Public hearing. Public Comment's: Shcda Smith expressed concerns and frustrations on snow removal and drainage issues. Jeremy Williamson, representing Al Maintenance, added that he was looking forward to competing/bidding on the road maintenance contract. Chair Arndt closed the Public Hearing and convened the Regular Meeting. The Board continued discussion on the budget; mill rate increase and snow removal. There was a suggestion of putting forth in writing projects that the board foresees in the FY2014 budget and present those to Assembly. SPALINGER moved to approve the FY2014 Budget /Work Plan and forward it onto the Assembly. Further discussion regarding the budget was held. 2 : `e KODIAK ISLAND BOROUGH t * OFFICE OF THE BOROUGH CLERK - F 710 Mill Bay Road, Room 101 ' ;; 1 Kodiak, AK 99615 " es Phone: (907) 486 -9310 Fax: (907) 486 -9391 njavier @kodiakak.us APPLICATION FOR APPOINTMENT TO SERVICE AREA BOARDS ❑ Bay View Road Service Area Board ❑ Mission Lake Tidegate Service Area Board ❑ Fire Protection Area No. 1 Board Service Area No. 1 Board ❑ Monashka Bay Road Service Area Board ❑ Womens Bay Service Area Board Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. Name: 41, --T7s i /l/ Daytime Phone: ”7 -S37 -,;79,VS Residence Address: ' ,j ., - . Evening Phone: `?tt7'- 4'k6 -SSG 9 Mailing Address: ro f 3o k Ha 2 Cell Phone: 4 7D -- y _ , s ? ?Al Email Address: /0,,,u '/ /r.,,,,,j -y4. £c f C Fax Number: Length of Residence in Service Area: �{ Registered to vote in Kodiak ? Yes No Please provide one of the following: Date of Birth: /6 /s /9Pa Last 4 digits of SSN #: Employer /Occupation: g ,p x ,pa ,p.dE„iny - e- E,'/< Organizations you belong to or participate in: Explain your main reason for applying: What background, experience, or expertise will you bring to the board /committee /commission membership? Are you available for regular meetings? 5'F 5 Pursuant to KIBC 4.15.040 (A.7) Other than by expiration of the members term, the assembly shall dec .re a seat vacant when a member of the board misses three consecutively held regular meetings and is not excused. Signature of Applican � ��-- Date: .90s/ of P A resume or letter of Interest may be attached, but is not required. This application will be kept on file for one year. Your application will be provided to the appropriate service area board for its recommendation to the Assembly for appointment - dx �€ i t ig �'( Oy'�, l4 {ry"#g"� #h AKF . ' �US� ONLY4� twr 1 k$N S �lvp �-�x 4 '* 1 , t1 4 1 3 v roe p ic : i r.,.= W1�te a 4 � ` 1 * 1 a x �t Registered voter of the Borough: Yes:(y) No O Date of Appointment Date Repeived: (date stamp below) ; i Resident of the Service Area : (» Yes No'O Appointment Letter i a • F E B 1 5 2O S � _ • Date Provided to SA Bo 7 // 5/ 13 Roster. Term Expires on. ' ,[�/ o�,�l�. Oath of Ofllce � L' I 'r` /tr' sr " y r . f . FcT., KODIAK ISLAND BOROUGH ; ` AGENDA STATEMENT REGULAR MEETING OF: APRIL 18, 2013 ITEM NO.: 13.D.2 . TITLE: Approval of the Vacation of a 20 -Foot Wide Utility Easement in Accordance With KIBC16.60.060, Along the Lot Line Common to Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision (P &Z Case S13 -013, Cossette). ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: P &Z Decision & Results Letter; P &Z Case Packet S13 -013. APPROVAL FOR AGENDA: 4fr- - SUMMARY STATEMENT: The Planning and Zoning Commission granted approval of a preliminary plat where the applicants have mutually agreed to a common lot line adjustment. The existing utility easement currently serves no known utility provider, and potential users of the utility easement have expressed non - objection to this vacation or have remained silent. Because there is a vacation of a utility easement involved, KIBC 16.60.060 requires assembly review and approval. If approved, the applicant will submit a final plat that meets KIBC code requirements. RECOMMENDED MOTION: Move to approve the vacation of a 20 -foot wide utility easement along the lot line common to Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision. Kodiak Island Borough Page 1 of 1 t O ;. _r. Koch ik Island I ®rough >r ai Community D evelopm ent Department ; , / 710 Mi11 Bay Road r %J * ] �∎ vs • • Kodiak, Alaska 99615 z . a , Phone (907) 486 -9363 Fax (907) 486 -9396 www..kodiak.ak.us March 21, 2013 Mr. Leroy Cossette PO Box 1245 Deer Park, WA 99006 Re: Case S13 -013. Request Preliminary approval, according to KIBC 16.40, of the replat of Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision, creating Lots 8A and 21A Russian Creek Alaska Subdivision; and, Preliminary approval, according to KIBC 16.60, of the vacation of a 20 foot wide utility easement corresponding with the lot line to be vacated between the above referenced Lots 8 and 21. The applicant is Leroy Cossette and the agent is St. Denny Surveying, Inc. The location is 11408 Rezanof Drive & 719 Cottonwood Circle. The zoning is B- Business. Dear Mr. Cossette: The Kodiak Island Borough Planning and Zoning Commission at their meeting on March 20, 2013 moved to grant preliminary approval, according to KIBC 16.40, of the replat of Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision, creating Lots 8A and 21A, Block 1, Russian Creek Alaska Subdivision; and Preliminary approval, according to KIBC 16.60, of the vacation of a 20 foot wide utility easement corresponding with the lot line to be vacated between the above referenced Lots 8 and 21, subject to the conditions of approval contained in the staff report dated March 8, 2013, and to adopt the findings in that staff report as "Findings of Fact" for Case S13 -013, and to forward the 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: CONDITIONS OF APPROVAL [1] The plat will be submitted for review by the Kodiak Island Borough Assembly with regards to the utility easement vacation in accordance with KIBC 16.60.060. [2] Show a 10 foot anadromous buffer easement on both sides of the creek noted on the plat between proposed Lot 8A and Lot 21A. The Assembly has 30 days in which to review the vacation portion of your request and approve or veto the utility easement vacation. For more information you may call the Clerk's Office at 486 -9310, to determine when this issue will be brought before the borough assembly. Should this vacation be approved, please instruct your surveyor to complete the final plat and submit it to this office for final plat 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 make any required corrections and 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 check 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. APPEAL RIGHTS KIBC 16.90.020 A written decision of the commission granting or denying approval of a plat or a waiver from the requirements may be appealed by: A. The applicant; or 13. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. KIBC 16.90.030 A. A decision of the commission is final unless an appeal of the decision is made within 10 working days after the decision by the commission to the assembly. B. An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: 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. If you have any questions about the action of the Commission, please feel free to contact the Community Development Department at 486 -9363. Sincerely, 1k� )eu2ci n D Sheila Smith, Secretary Community Development Dept. CC: St. Denny Surveying • Kodiak Island Borough Planning & Zoning Commission Minutes March 20, 2013 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the March 20, 2013 regular meeting of -the Planning and Zoning Commission at 6:34 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, Rick Vah , Sonny .-Vinberg, Kathy Drabek, and Frank Peterson. N, PUBLIC HEARINGS A) Case S13 -013. Request Preliminary approval, according to KIBC 16.40, of the replat of Lots 8 and 21, Block 1, Russian Creek ) A\ \a \vision, creating Lots 8A and 21A Russian Creek Alaska Subdivision; and, Preliminary approval, according to KIBC 16.60\3f the vacation of a 20 foot wide utility easement corresponding ,with lot'Iii -to be vacated between the above referenced Lots 8 and 21. The applicantis Ler Cossette and the agent is St. Denny Surveying, Inc. The location is Drive & 719 Cottonwood Circle. The zoning is B- Business. ^ \\ v Lydick stated twenty eight public hearing notices were sent out, and fifteen public review agencies were notified. W,e� received feedback from the ADF &G, which identified the small creek generally formingrthe new '\boundary line between the proposed lots as important salmon habitat, but otherwise expressed non - objection. The utility easement identified for vacation from the originalhsubdi and no review agency has expressed an interest in retaining it<lf -the easement sent vacation is approved, it must also go before the Assembly for approvals separate�ction. Staff recommended approval of the subdivision and vacation, subject to \v�nditions COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the replat of Lot >8 and 21, Block 1, Russian Creek Alaska Subdivision, creating Lots 8A and 21A, Block 1, Russian Creek Alaska Subdivision; and preliminary approval, according to KIBC 16.60, of the vacation of a 20 foot wide utility easement corresponding with the lot line to be vacated between the above referenced Lots 8 and 21, subject to the conditions of approval contained in the staff report dated March 8, 2013, and to adopt the findings in that staff report as "Findings of Fact" for Case S13 -013. The public hearing was opened & closed: There was no public testimony. 1/19/2011 P &Z Minutes Page 1 of 2 Brief discussion regarding the bridge identified at the work session, making sure they're in compliance, and not having enough information and removing that bridge may cause more damage than leaving it. Lydick stated we don't have the authority to instruct outside agencies to do something, if it's the wish of the commission to add a condition it should be done right now. CONDITIONS OF APPROVAL [1] The plat will be submitted for review by the Kodiak Island Borough Assembly with regards to the utility easement vacation in accordance with KIBC 16.60.060. [2] Show a 10 foot anadromous buffer easement on both sides of the creek notede plat between proposed Lot 8A and Lot 21A. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and prop e 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.adop et d Borough plans for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSL} S O 1/19/2011 P &Z Minutes Page 2 oft Public Hearing Item 7 -A P &Z March 20, 2013 Location Request: Preliminary approval, aeeording c 16.40, replatca oopaa Block Russian L -- Alaska Subdivision, Public G`i l 117 -A creating RS 8A m920.9 Bl L Russian © Alaska Efia Leroy Cossette Subdivision; Preliminary approval, according goM 16.60,CQ� [moo oa /easeme ntcoonding ui6300 2�S3QJC�7Q vacated betw�pabove referenced rresp aapa� of # r v - 41 • i 'f r'• „ , ry y l .4 t ! : i /: igre' � �Ih `_ , . r p ._� � �Jrpy r. 5 j' V 1 ',,, b ' ' l T FAf, � � . "i` c 4 . t � t X 1] ' F � }S ` � � ' t 'f1.3 I.-cc-kJ 1 4 ° , ° ., e* 'f.`. .,,.03L-44. ''�'�• a .. / l-IL' a .4*- 1 " -. ; , V ✓ � •e 4 .,,, � 11 TTLL , � ♦ ' r l 1 � A4 p� �'� -x :s'`3. ry � ' ; �+' 1 ! IL & , 4 7. ' --4 t d 0. �t >r � ' . A �, r- � '�- •�SJ""i- , , rr �, Cf N.t .g--' 'Y 4 ,y? '�4 ��� _sr? a�. � ,r rs rl'.srt i$ A p o •. > „it r ` a t . , JCt { I d a 14 Y' • J1 S ♦ � T y A � rte. i4 yam a ,f & �_ x r � a' T F . fix �,✓�.y�p ��/ }�'T +"� , , e;,4� r i e # f t-0+ *1v r. (v >. °fi"1 , •1 3� rt j ° ` ' 'if yC� y yy. 4 -. I riw 4A c( w .�x• � �� n - y am -� Legend ' *)i i i irfril it Seal" s e � ' a t J 0 R / ti -% _ S? ■,�; i �++'Gf' d ' ects a r,, ti Z f 1 � ^ ! Subje P a r ce l '� � g � k t , " �;. 3, . . 36' is' �f• [„ b' _ ` "`.✓' O� .. . r.. `� ' -A 1 r t I 11/44a Kodiak Island Borough GIS System x ts � • 0 137.5 275 550 825 1 100 ®Fe !•e t This map was prepared from the Kotliek Island Boroughs GIS System. It is provided for the purpose of showing the geneal Iontion of a property within the Kodiak Island Borough This ma p does not represent a survey. More inrormation about the mapping data can be obtained by contacting the Kodiak Island Borough IT B at (gW) 466 -9333 Introduction - Page 1 of 3 Public Hearing Item 7 -A P &Z March 20, 2013 • o:: Kodiak Island Borough Zoning Map Community Development Department 1 (gionie Location Request: Preliminary approval, according QaCJ16.40,COt PUbiiC 1 . r' (R A11i replat CL43E3F7Si z Block 2 Russian Creek Alaska Subdi creating Cj8A god an Block 2 Russian Creek Alaska Leroy Cossette Subdivision; ma Preliminary approval, according go 16.60, d (ig vacatir Elittia easement corresponding tctUglog Ocelithgao b vacated between 62 above referenced liclo0 ad 22 , 2 • e �, a me d . ' 4 3M1ry • . IL 4 1 414410:.:1111). iallt... .......: / X ‘e V 191 0 O ' Legend pJ ` 1 Subject Parcel '9 0 Zoning Legend Public Use Lands I Rural Residential 1 I Multi Family Residential _ Light Industrial FM Watershed I I Rural Residential 2 [ I Business I Rural Neighborhood Commercial Conservation Single Family Residential 1 I Retail Business IN Urban Neighborhood Commercial I Rural Residential Two Family Residential I Industrial I Natural Use 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 2 of 3 Public Hearing Item 7 -A P &Z March 20, 2013 Current Location Request: Preliminary approval, according to KIBC 16.40, of the replat of Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision, Public Hearing Item 7 -A creating Lots 8A and 21A, Block 1, Russian Creek Alaska Leroy Cossette Subdivision; and; Preliminary approval, according to KIBC 16.60, of the vacation of a 20 foot utility easement corresponding with the lot line to be vacated between the above referenced Lots 8 and 21. —/ Y LJ 4,, m o °' d 06 •• ti� 1 ,1Q`o 441PP , 1 815 1,A y6 IP*: N N A po, 11 2� '9°‘- , ' ! .40 irip Q 411 r l z4 \ r � r P� �O 0 ' F iiiiii . ; B,90 i J � 1 1^ • . Kodiak Island Borough GIS System Irt ' 0 250 500 1,000 1,500 2,CJC Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 3 of 3 Public Hearing Item 7 -A P &{ Murd 20, 2013_.. _... V Kodiak Island Borough Community Development Department I' 5ubmic by Ema;L . { `` 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 •- Ph. (907) 486 - 9362 Fax (907) 486 - 9396 Print Form http: / /www.kodiakak.us Subdivision Application Kodiak Island Borough Code Title 16 Applicant Information: Property Owner /Applicant: (efby COSSe+ +e Mailing Address: I I HOS (A) ReZtl(tck Phone Number: 9n7 - 539 h , / 3 9 l Other Contact email, etc.: Ccxcl S I_ / 1 u 1 @ y c+_o - o�. co fll Agent & /or Surveyor: 54 �,e4n y Sir G. /eyr✓(r iit;' Mailing Address: Po R : R R ' _J Phone Number. rLl07 q1P ( - 35 Other Contact email, etc.: ` c . � e n (17 P J C l , n e + Property Information: �J (� / j t/ T / Current Legal Description(s): /� (/5$io 4'� Cr k 18k 2I v_55(Gn Or L 5,k_ 1 L1 P Proposed Legal Description(s): /(/Ssi cj 0 r k 84 / L-r_ 214 2vssr' n rk LVC / L+ f A Are you requesting a waiver of any subdivision requirement according to KIBC 16 .110.010? fl Yes JJ No Date: / .. I / 3 Signature: Cl. 1/41_ .. F / .:, / /G._._ Payment Verification Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building Waiver Plat per KIBC 16.10.050: � AD% r $ 75.00 Abbreviated Plat per KIBC 16.30: M $300.00 Preliminary Plat per KIBC 16.40 (maximum 12lot , gp1 e $350.00 C"~'4" rw -iv Preliminary Plat per KIBC 16.40 (more than" 1 a0 ��uf� $ to be determined based . n maximum number of lots proposed Vacation Plat per KIBC 16.60: --Cr' a J kg !c'"' r Pc1P / n Date: f l / 1 j t 1 C DD Staff: �/ 1 Application - Page 1 of 2 a LINE BEARING DISTANCE \ \ I 0 1 O / Q Q L1 S 18'28'07" E 40.42' \ \ C •� r � � � L2 5 21'13'32" E 70.93' \ X 4104 O L3 S 0504'30 E 22.41' \ \ \ / . � L4 S 59'24'29" 32.53' \ -- 1 x _ ; � O 4 `�,4 a L5 S 59'24'29" E E 32.53' L6 S 70'04'06" E 36.05' , CD 1 2 ' �Q L7 5 7752'52" E 47.48' // r I W A 1 ' a 21a� '90' L8 S 1759'43" E 40.43' / a 6 % - ,....Witlin / / n s ,l, \ l., LOT 20 0l I malt d VICINITY MAP / METAL FENCES / / - - - \ Sr. LOT 12 - 1 -/ % Ai — - ' .I OWNERSHIP AFFIDAVIT / / 1 . � / / N CIS ? I WEIR CO THE IF VC RE MOOS D x AmnsY COMM RUEDR 1 , , LOT Im CRL9se 1 NOW DEM R HE PAC MI ( O2S Faa MX MUM . SIRES. AWN. 'Re / e ? J i i / VMS SURVEY 10, •Typ "' ce MMtVI FMq HAS MD alEP RSC MEd IW0L O n ? A \, 6. , L — • - UttIt EaSenent . 50' u — 0.,3 GO( .. 9 d N .; N 7, Via' W — \ °1 � O MC CD= et o 926.9.9 a ` a" L T BA n i r� \ NOTARY ACKNOWLEDGMENT z Q a / : \ \ 83714 SC. Feel ,� . e. w .tl wl.rt ':.. NOTARY • n ` � 1 82 or es • .- a 9 �a MC MIN TO ow[ OE ms _a a P I / / ', ` h ° LOT 21A / / / / / ' , '" r / + ,i `'. D m \ % > IRO MEMO MC Mt cwn SC LARD NS x DIU V IHE CM SUMO ORS de 1.07 I= °O �HDxnu ' - ` v acAreu THE seam •t � .as �\ FU B, cci J T WED AT COM 01):7A av a, 2E2 O .. ' �Y $24 RR tic �� +! / , a , � u .7 _ \ Fla N -18 YIIV. 6U0:000/100010.211 • k ! °. ° N 751813 W 2ii - X '" ` 20i PUT APPROVAL Q y g 4 I I m 2D• D r n bwge, v m N .ny N 76 36' 04' v �. �) 1 � -- `-/ 6 , 1 n .nm• c,..l. . ?h.. ' 0 n , L Utility Easement 410 64' 7 //'• - us 14002 sxe RAM 20 ?OM mu®R • 1 1 _ _ q , lawn \ • �c - �L ,HIE° LOT 7 / 20' WM= LA]ID¢X2 �� .�, r y_� MS IS N SCRY 004 MN EAT C DLT MFCID IS KKONM !M DC Rml21S 1A 0 7117 TEIS Sawn - _ . I I LVa410.¢E DS�MY Df bil WaoJ O ' / ' LOT 22 S ° meal . * . I W i ( fonR.m a14G100 RUOR © / ' 4 f.MA ■ 9JRENfx aWUMR V aHwm n ral Hour R KODA( BOROUGH ZONING CODE hE urn m metre can Es (TS a .: 4Nm :. a t wx as a-eai ER a C A at CMI w Wad Mo LEGEND Tl 9 aw0Saw SE �I-' F .all X1 £ 1.L 2 ..x..; 51S OF BEARING -NORTH AMERICAN DATUM 83. O FOUND 1 -1 2' ALUMINUM CAP I �' � * VS �� SIS OF ROTATION -COK', KOD K (2003) AND COBS KOD 1 (2003). / ' ma ASI2R "sti �R Q FOUND 2 -1/2" ALUMINUM CAP SUBDIVISION OF LOTS 8 and 21 BLOW( l0 FERENCE -PLATS ® FOUND 3 -1 /4" BRASS CAP RUSSIAN CREEK, ALASKA SUBDIV(S AT NUMBER 80 -18 RECORDED IN THE KODA( RECORDING DISTRICT. PLAT 80 -18 � RS: 0 = UTILITY POLE CREATING LOTS LOTS BA ante2IA SUBJECT TO ALL CONDIRCNS, SERATUOE'S, EASEMENTS, COVENANTS, FLSEWADON, REST/18110MS OHR = OVERHEAD POWER v 1 '/\ J I `J� KpplyK RUSSIAN CREEK, ALASKA SUBDIVISION — ] ROUTS Of NAY OF RECORD. NJ SUBJECT TO All COPY RIGHT LAWS — — — — = EASEMENT nze. r 2Arr SITE ZONING • BUS - BUSINESS 50' 0' 50' 100' CDR 1-11-rs KODMK RECORDING DISTRICT LOCATION OF MUG LINTS ARE PER U00 INSPECTION AND AVAIAB.E RECORDS WITH NO = LOT LINE = m-e _�._ - a"••• serer runs EE Of THOROUGHNESS; SAD LOGOONS ARE FOR GENERAL REFERENCE OILt AND NOT TO - �-°�- -� --- -- r R n ne 12 -049 I Mt r e Bo' SMITE USED FOR CONSTRUCRON OR ENGINEERING PURPOSES. LEROY COSSETTE, KOOlAK, ALASKA 996 Public Hearing Item 7 -A P &Z March 20, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 February 6, 2013 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 20, 2013. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: S13 -013 APPLICANT: Leroy Cossette AGENT: St. Denny Surveying, Inc. REQUEST: Preliminary approval, according to KIBC 16.40, of the replat of Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision, creating Lots 8A and 21A Russian Creek Alaska Subdivision; and, Preliminary approval, according to KIBC 16.60, of the vacation of a 20 foot wide utility easement corresponding with the lot line to be vacated between the above referenced Lots 8 and 21. LOCATION: 11408 Rezanof Drive & 719 Cottonwood Circle ZONING: B- Business This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, March 5, 2013 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or you may email your comments to ssmith(aikodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 855 -9202. One week prior to the regular meeting, on Wednesday, March 13, 2013, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel fret to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Public Comment - Page 1 of 5 Public Hearing Item 7 -A P &Z March 20, 2013 Location 11408 Rezanof Dr. Notification Area Map & 719 Cottonwood Circle Case 513 -013 Leroy Cossette a/1W 6 4 • # S p "Pi e0.EEN �e E,., ,.. a a � 41, � 4 ( 4444 4.1 , NO a #7#3110 *44: c 4.,, 5 * . fr ® ft , i , , 10 . a i .,,,, , __.../ .62.z., , 0. ., a,$ J Kodiak Island Borough GIS Legend N ' , 011*• Feet Subject Parcels W � E 0 412.5 825 1,650 Notification Area , I r r 1 1 t t t I S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a properly within the Kodiak Island Borough. This map does not represent a survey. More infmmation about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Public Comment - Page 2 of 5 Public Hearing Item 7 -A P8Z March 20, 2013 ANCHOR K STABLES LLC JOHN E. BOGGS JUBAL BRYANT 1533 SAWMILL CIRCLE PO BOX 1199 7120 E 4TH AVE KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99504 BRYON CAIN MARK CHANDLER JASON CHANDLER ETAL 11410 S. RUSSIAN CRK RD 4934 LAKESHORE DR 569 LETA STREET KODIAK, AK 99615 FLORENCE, OR 97439 KODIAK, AK 99615 ROSE COBIS LEROY COSSETTE ETAL STEVEN L DEHART PO BOX 2875 PO BOX 1245 2231 THREE SISTERS DR KODIAK, AK 99615 DEER PARK, WA 99006 KODIAK, AK 99615 DOUGLAS DEPLAZES ETAL ANDREW EDGERLY ELIZABETH F INC PO BOX 2923 PO BOX 1907 P 0 BOX 1275 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LARRY EVANS ETAL DUNCAN FIELDS ETAL LOCKE FINLEY 11410 S. RUSSIAN CREEK RD 1950 CADDINGTON DR PO BOX 8649 KODIAK, AK 99615 RANCHO PALOS VERDES, CA 90275 KODIAK, AK 99615 ROBERT GUNDERSON PAUL HARDER KENT HELLIGSO ETAL PO BOX 344 BOX 1706 PO BOX 319 KODIAK, AK 99615 HAINES, AK 99827 KODIAK, AK 99615 DOUGLAS HOEDEL INT'L SEAFOODS OF ALASKA KONIAG INC 2111 SORBUS WAY PO BOX 2997 4300 B STREET SUITE 444 ANCHORAGE, AK 99508 KODIAK, AK 99615 ANCHORAGE, AK 99503 DANE LARSEN NORTH PACIFIC SEAFOODS, INC MICHAEL OTTO PO BOX 29 4 NICKERSON ST, STE. 400 11918 GARA DR KODIAK, AK 99615 SEATTLE, WA 98109 KODIAK, AK 99615 STEVEN PENN JEFFREY TRENERY WOODRUFF & ASSOCIATES PO BOX 249 PO BOX 1681 PO BOX 37 • KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PAUL YATSIK P.O. BOX 9016 KODIAK, AK 99615 Public Comment - Page 3 of 5 Public Hearing Item 7 -A P8Z March 20, 2013 Sheila Smith From: Giefer, Joe (DFG) <joe.giefer @alaska.gov> Sent: Tuesday, March 05, 2013 1:54 PM To: Sheila Smith Cc: Frost, William D (DFG); Fink, Mark J (DFG) Subject: KIB Case S13 -013: Preliminary Plat, Russian Creek Alaska Sub. Community Development Department, The Alaska Department of Fish & Game (ADF &G) has reviewed the proposed Preliminary Plat, which requests to adjust the lot line between Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision, located in Section 31, T. 28 5., R 20 W., S.M., Alaska. The new lot line is being located along the western edge of a small unnamed creek that flows through the parcels. The small unnamed creek (AWC # 259 -22- 10026 -2012) is cataloged by ADF &G as important habitat for the rearing and spawning of three salmon species. Any activities that could affect the spawning, rearing or migration of anadromous fishes, or potentially provide blockages to the efficient passage of resident fish species are regulated by state law and may require a Fish Habitat Permit from ADF &G, Division of Habitat. There do not appear to be any actions that would block or remove public access to public lands or waters. ADF &G has no objection to the preliminary plat as proposed. Thank you for the opportunity to review and comment on this proposal. If you have questions or would like to discuss this further, please feel free to call or email me. Joe Giefer Habitat Biologist Alaska Dept. of Fish & Game Division of Sport Fish Statewide Access Defense 333 Raspberry Road, Anchorage AK 99518 907 - 267 -2336 1 Public Comment - Page 4 of 5 Public Hearing Item 7 -A P &Z March 20, 2013 Kodiak ,c; . • L^t rte. 1 - 15r1 i :.— >S��:i�. , t _ �'4 - t~ 1 (907) 4807700Y Box787 3 4 -�� ., •.. -��' ''' . , KODIAK,.ALASKA 99615 -0787 February 26, 2013 Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Smith: Following are comments on the case sent to us for review under your cover letter dated February 6, 2013 Case S13 -013. Request preliminary approval of the replat of Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision, creating Lots 8A and 21 A Russian Creek Alaska Subdivision. No comment. Thanks for the opportunity to comment. Sincerely, E C E I V E J F EB 2 6 2013 Jim Devlin Engineering Manager COMMUNITY DEVELOPMENT DEPARTMENT KIb020713.doc Public Comment - Page 5 of 5 Public Hearing Item 7 -A P &Z March 20, 2013 MEMORANDUM DATE: March 8, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SU81: Information for the March 20, 2013 Regular Meeting CASE: S13 -013 APPLICANT: Leroy Cossette AGENT: St. Denny Surveying, Inc. REQUEST: Preliminary approval, according to KIBC 16.40, of the replat of Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision, creating Lots 8A and 21A, Block 1, Russian Creek Alaska Subdivision; And; Preliminary approval, according to KIBC 16.60, of the vacation of a 20 foot wide utility easement corresponding with the lot line to be vacated between the above referenced Lots 8 and 21. LOCATION: 11408 Rezanof Drive and 719 Cottonwood Circle ZONING: B- Business Zoning District. Twenty -eight (28) public hearing notices were mailed on February 6, 2013. Date of site visit: No site visit conducted 1. Minimum lot size: None Compliance: Yes 2. Minimum lot width: None Compliance: Yes 3. Existing land uses: Outdoor Storage, Horse Boarding Compliance: Yes 4. Existing structure(s) on the property: Yes Compliance with setbacks: NA Compliance with other zoning regulations: Yes Encroachments: No 5. Topography: Provides good building sites: Yes Provides good parking areas: Yes Staff Report - Page 1 of 5 Public Hearing Item 7 -A P &Z March 20, 2013 Allows driveway construction to meet maximum slope requirement: Yes 6. Physical Features: Wetlands, streams, drainage courses: Yes Need for driveway /access restrictions: No Adequate line of sight: Yes Adequate access for additional traffic volume: NA Adequate access from a safety standpoint: Yes Neighborhood character: Mixed Commercial, Warehouse, Outdoor Storage Double frontage lots: No Flag lots: No Adequate access for fire apparatus: Yes Utility installation meets Title 13: NA 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 Restrictions: No Compliance: N/A 8. Applicable Regulations: The following sections of Title 16 of the Borough Code are applicable to this request: KIBC Title 16 - SUBDIVISION 16.10.010 Purpose. The purpose of this title is to: A. Provide minimum standards for survey accuracy and proper preparation of plats. B. Promote and protect the public health, safety, and general welfare. C. Provide reasonable consideration of adopted borough plans and regulations in order to provide the best subdivision of land 16.20.230 V definitions. "Vacation" means the act of making legally void any right -of -way, easement, public area, or other public interest. Staff Report - Page 2 of 5 Public Hearing Item 7 -A P &Z March 20, 2013 16.60 - Vacations 010 - Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall deem 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. 16.60 — Vacations - 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 30 days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the 30 -day period, the consent of the council or assembly shall be considered to have been given to the vacation. REVIEW AGENCY COMMENTS Alaska Communications Systems - Engineering Dept. — Kenai Alaska Department of Fish & Game - Division of Habitat "No Objection" Alaska Department of Transportation & Public Facilities - Central Region Planning City of Kodiak — Building Officials Fire Marshall. GCI Cable, Inc. Kodiak Island Borough — Engineering & Facilities Dept. Kodiak Island Borough Parks & Recreation Committee Kodiak Electric Association. "No Comment" Staff Report - Page 3 of 5 Public Hearing Item 7 -A P &Z March 20, 2013 U.S. Army Corps of Engineers Womens Bay Community Council Womens Bay Fire Department Womens Bay Service Area Board of Supervisors United States Postal Service. Kodiak Island Borough — Information Technology Dept. STAFF COMMENTS The plat proposes to relocate a property line between two parcels to a natural drainage corridor rather than the original location along the "spine" of the original subdivision. This will provide more area for proposed Lot 8A which has a horse boarding business and will reduce the area of proposed Lot 21A which is largely used for outdoor storage. The area to be transferred from one lot to the other is noted on the preliminary plat as 26,154 Sq. Ft. Both lots will still have at least 40,000 Sq. Ft. which is the minimum lot size for onsite well and septic systems in support of residential uses. Commercial uses which might require a public water supply and the corresponding well separation distances for same might find themselves constrained on Lot 21A. This is the reverse situation from the present where Lot 8 is the smaller of the two lots. With only so much area to work with in this replat staff finds the replat to be neutral on this issue, neither making the situation better or worse. The comments from the Alaska Department of Fish & Game identify the stream between the lots as a catalogued salmon stream. They have indicated "no objection" in their review, however staff notes that the B- Business zone has no zoning setbacks. Although not requested by the review agency, it might be appropriate to consider a minimal buffer setback of 10 or 15 feet from the edge of stream to prohibit disturbance of vegetation and soils in this area. The petitioner has also requested the vacation of a 20 -foot utility easement straddling the existing property line to be relocated. The easement is not currently being used and no review agency has identified a potential future use for an easement in this area. Staff Report - Page 4 of 5 Public Hearing Item 7 -A P &Z March 20, 2013 RECOMMENDATION Staff recommends approval of this request subject to two (2) conditions of approval. APPROPRIATE MOTION Should the Commission agree with Staff's recommendation, the appropriate motion is: Move to grant preliminary approval, according to KIBC 16.40, of the replat of Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision, creating Lots 8A and 21A, Block 1, Russian Creek Alaska Subdivision; and preliminary approval, according to KIBC 16.60, of the vacation of a 20 foot wide utility easement corresponding with the lot line to be vacated between the above referenced Lots 8 and 21, subject to the conditions of approval contained in the staff report dated March 8, 2013, and to adopt the findings in that staff report as "Findings of Fact" for Case S13 -013. CONDITIONS OF APPROVAL [1] The plat will be submitted for review by the Kodiak Island Borough Assembly with regards to the utility easement vacation in accordance with KIBC 16.60.060. [2] Show a 10 foot anadromous buffer easement on both sides of the creek noted on the plat between proposed Lot 8A and Lot 21A. 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. Staff Report - Page 5 of 5 ¢._ 1Q .14 atzw, KODIAK ISLAND BOROUGH tr AGENDA STATEMENT 4t]?k�, j• REGULAR MEETING OF: APRIL 18, 2013 ITEM NO.: 13.D.3 TITLE: Declaring a City Seat on the Planning and Zoning Commission Vacant. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Declination letter from Mr. Kersch APPROVAL FOR AGENDA: SUMMARY STATEMENT: At its regular meeting on April 4, the Assembly confirmed the appointment of Mr. Bill Kersch to the vacant City seat on the Planning and Zoning Commission for a term to expire December 31, 2013. The Clerk's Office sent an appointment letter to Mr. Kersch on April 5. On Wednesday, April 10 the Clerk's Office received a letter from Mr. Kersch declining to assume the duties as a member of the Commission. It is necessary for the Assembly to declare the City seat vacant and give direction to the Clerk's Office to advertise the vacancy per Borough Code. RECOMMENDED MOTION: Move to declare a City seat on the Planning and Zoning Commission for a term to expire December 2013 vacant, and direct the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough Page 1 of 1 Kodiak Is. Borough 4 -9 -13 Attn: Nova Javier 710 Mill Bay Rd. Kodiak, AK 99615 RECEIVE APR 102013 Dear Nova, WDROUGH K,ALAS OFFICE KODIAK, • I regret to inform you that I will not be able to accept my recent appointment to the Planning and Zoning Commission. Thank you for considering me. Sincerel , Willia Kersch 1812 Mission Rd. Kodiak, AK 99615 williamusps @yahoo.com ;ti 5 �rl Xbdiok I s landleorough , ice ofthe Borough Clerk , 710 Mill Bay Road Kodiak, Alaska 99615 tics z:> Phone (907) 486 -9310 Fax (907) 486 -9391 — ��" E -mail: njavier @kodiakak.us r i April 1, 2013 Mr. William Kersch 1812 Mission Road Kodiak, AK 99615 Re: Planning and Zoning Commission Dear Bill: At its regular meeting of April 4, 2013, the Kodiak Island Borough Assembly confirmed your mayoral appointment to the Planning and Zoning Commission for a term to expire December 31, 2013. Enclosed are the following: • Board roster • Copy of KIB code sections 2.100 and 2.105. • 2013 APOC Financial Disclosure Form (Initial disclosure is due within 3.01 tla:'. of taking office. Please see the instructions attached to the enclosed document for filing your initial statement). Please come by the Clerk's office so we may administer your oath of office. If for some reason you are unable to accept this appointment, please let me know as soon as possible at 486 -9310. Thank you for applying; your services will be greatly appreciated. Sincerely, OF• CE OF THE BOROUGH CLERK '_ Nova Javier, r Borough Cler jmk Enclosure: Roster, Code Section 2.105, financial disclosure CC: Commissioners, staff Kodiak Island Borough Assembly Regular Meeting Guidelines April 18, 2013, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly member who may be absent. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( ) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Regular Meeting Minutes of March 21 and April 4, 2013. *Confirmation of the Assembly Appointment to the Service Area No.1 Board (Curtis Howell). *Declaring a City Seat on the Planning and Zoning Commission Vacant (Bill Kersch). Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of March 21 and April 4, 2013. \ PLEASE ANNOUNCE: STOP- Due to the delay of the radio broadcast and web streaming, please place your \ / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local is 486 -3231; Toll Free is 1 -855- 492 -9202. Kodiak Island Borough Assembly Guidelines April 18, 2013 Page 1 6. AWARDS AND PRESENTATIONS A. Military Child Proclamation — Mayor Selby • The Pedrick Family — Vance, Ruthie, and kids (Joseph, Bobbie, and Joshua). — Mayor Selby B. Employee of the Quarter - Manager Cassidy • Jennifer Keegan, Secretary III in the Finance Department. C. Longevity Awards — Manager Cassidy • Bob Tucker, Maintenance Coordinator (5 Years) 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGE FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2013 -25 Karluk School Oil Tank Procurement. Recommended motion: Move to authorize the Manager to execute Contract FY2013 -25 with Greer Tank Inc. of Anchorage, Alaska for the Karluk School Oil Tank Procurement in the amount not to exceed $41,345. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 18, 2013 Page 2 2. Contract No. FY2013 -26 Landfill Lateral Expansion Phase III Leachate Treatment Plant Metal Building Procurement. Recommended motion: Move to authorize the Manager to execute Contract No. FY2013 -26 with ASRC Builders, LLC for the Landfill Lateral Expansion Phase III Leachate Treatment Plant Metal Building Procurement in the amount not to exceed $470,735. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution No. FY2013 -29 Accepting the Recommendation of the Planning and Zoning Commission Recommending the Disposal of Certain Borough Land as Surplus to the Public's Need to be Sold at a Future Land Sale (P &Z Case 13- 019, Chiniak). Recommended motion: Move to adopt Resolution No. FY2013 -29. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2013 -30 Accepting the Recommendation of the Planning and Zoning Commission Approving the Disposal By Lease of Certain Borough Land as Surplus to the Public's Need (P &Z Case 13 -022, Pillar Creek). Recommended motion: Move to adopt Resolution No. FY2013 -30. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 18, 2013 Page 3 C. Ordinances for Introduction 1. Ordinance No. FY2013 -15 A Rezone According to KIBC 17.205.0 to Rezone Proposed Lots 5B and 5C, Block 1, Chiniak Alaska Subdivision From PL- Public Use Zoning District To RR2 -Rural Residential Two Zoning District (P &Z Case 13- 018, Chiniak). Recommended motion: Move to adopt Ordinance No. FY2013 -15 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. *Confirmation of the Assembly Appointment to the Service Area No.1 Board (Curtis Howell). 2. Approval of the Vacation of a 20 -Foot Wide Utility Easement in Accordance With KIBC16.60.060, Along the Lot Line Common to Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision (P &Z Case S13 -013, Cossette). Recommended motion: Move to approve the vacation of a 20 -foot wide utility easement along the lot line common to Lots 8 and 21, Block 1, Russian Creek Alaska Subdivision. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 3. *Declaring a Seat on the Planning and Zoning Commission Vacant. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Kodiak Island Borough Assembly Guidelines April 18, 2013 Page 4 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Assembly and School District Board will meet in a Joint Work Session on Thursday, April 25 at 6:30 p.m. in the School District Conference Room. The next Assembly work session is scheduled on Thursday, April 25 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, May 2 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 18, 2013 Page 5 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET �} Q O Regular t. /Special D ate: (/ I I U Convened: Recessed: Reconvened: Adjourned: BY: BY: DK BY: Kii BY: 1),G.1 BY: v L SECOND: SECOND: v� SECOND: 06 SECOND:. SECOND: n r pit,da., (9,012).; C ch Z0 (o k g.),< Gro vkimi ctiops v\i/ YES. NO YES NO YES NO YES NO 4 YES- NO ` . .. Ms. Austerman t/ Ms. Austerman Ms. Austerma , / Ms. Austerman ✓ Ms. Austerman / Mr. Bonney / Mr. Bonney Mr. Bonney V V Mr. Bonney 4 ✓ Mr. Bonney / Mr. Griffin V Mr. Griffin Mr. Griffin V Mr. Griffin 1/z, Mr. Griffin ; / Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan Ms. Lynch Ms. Lynch Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch Mr. Stephens ✓ Mr. Stephens Mr. Stephens ✓ Mr. Stephens >✓ Mr. Stephens Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?' . TOTAL: TOTAL: TOTAL: C/ 0 TOTAL: rj U TOTAL: U The mayor may of vote except in the case where only six members of the assembly are present and there is a t ree /three tie vote of the assem Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I f n' Regular Special Date: Q - I `�f v Convened: Recessed: • Reconvened: Adjourned: (r 3 o BY: l 'C BY: BY: BY: Dk__, BY: SECOND:' SECOND: vA SECOND: VV...__ SECOND: SAC1 SECOND: �\1 x,01 Or6k tH 1.3-1( V, edi u YES NO YES NO YES NO YES NO YES NO Ms. Austerman t / Ms. Austerman ✓ Ms. Austerman / Ms. Austerman V Ms. Austerman Mr. Bonney ✓ Mr. Bonney ` / Mr. Bonney /, / Mr. Bonney / Mr. Bonney Mr. Griffin ✓ Mr. Griffin V Mr. Griffin V Mr. Griffin �/✓ Mr. Griffin Mr. Kaplan q ✓ Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan V Mr. Kaplan 1 Ms Lync Ms. Lynch Ms. St phens�(a- ✓ V M. Lynch Mr Stephens / Mr. Stephens (N€ n„��_.., Mr. Stephens � _ Ms. Stutes ✓ Ms. Stutes Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes [CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?' TOTAL: i W 0 TOTAL: r l 0 TOTAL: 17 Q TOTAL: r7 / 9) TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /t ree tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit orextend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: ! !'9V / l Please PRINT your name Please PRINT youl2name Kci teAk �� l )0 4 c c \ c7.\\ \` L V Aen eer