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2013-06-06 Regular Meeting
Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, June 6, 2013, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. Regular Meetings of April 18, 2013 and May 2, 2013. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2014-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2013 and Ending on the Thirtieth Day of June 2013 (Fiscal Year 2014 Budget). B. Ordinance No. FY2013-01C Amending Ordinance No. FY2013-01 Fiscal Year 2013 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. C. State of Alaska Alcoholic Beverage Control Board Liquor License Application for Transfer of Controlling Ownership (Licensee/Applicant: Kodiak Rendezvous Inc.) 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. • Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 1 of 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2013-30 Purchase of Agenda Management Software. 2. Contract No. FY2013-31 Larsen Bay School Roof Replacement. 3. Contract No. FY2013-32 Karluk School Oil Tank Removal and Replacement. B. Resolutions 1. *Resoluti0n No. FY2011-08C Amending the Composition of the Project Advisory Committee (PAC). 2. Resolution No. FY2013-32 A Joint Resolution of the Kodiak Island Borough Assembly and Kodiak City Council Documenting the Kodiak Fisheries Work Group's Scope and Authority. C. Ordinances for Introduction 1. Ordinance No. FY2013-17 Rezone a 3.92 Acre Portion of Tract 6, US Survey 5509 Port Lions Subdivision from RR2-Rural Residential Two to PL-Public Use Land (P&Z Case13-023, City of Port Lions). 2. Ordinance No. FY2013-18 Rezone to Allow for the Proposed Expansion of the Old Harbor Airport from R1-Single-Family Residential to LI-Light Industrial (P&Z Case 13-026, City of Old Harbor). D. Other Items 1. Approval of a 7.5-Foot Vacation of a 10-Foot Wide Easement in Accordance with KIBC 16.60.060 Along the South Lot Line of Lot 8, Block 2, Island Vista Subdivision (P&Z Case 13-019, Sundberg). 2. Approval of the Vacation of a 20-Foot Wide Utility Easement, in Accordance with KIBC 16.60.060, Centered on the Common Boundary of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision (P&Z Case S13-022, Ness). 3. Hiring for the Position of Community Development Director at Salary Range 24.0, Step K. 4. *Declaring a Seat on the Kodiak Fisheries Advisory Committee Vacant (Al Burch). 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. Personnel Advisory Board Regular Meeting of March 30, 2011. 2. Planning and Zoning Commission Regular Meeting of April 17, 2013. 3. Womens Bay Service Area Board Regular Meeting of April 2, 2013. B. Reports 1. Manager's Change Order Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearina Numbers: Toll Free (8551492-9202 and Local 486-3231. Pace 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting April 18, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, April 18, 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. 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 KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of March 21 and April 4, 2013 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the month of April 2013 as the Month of the Military Child in Kodiak, encouraging all Kodiak residents to show appreciation, support, and understanding to the Military children in the community. Manager Cassidy presented the Employee of the Quarter Award to Jennifer Keegan, Secretary III in the Finance Department. CITIZENS' COMMENTS Karen Yashin, Kodiak Humane Society President, thanked the Assembly for its continued support and reported on future funding distribution. Betty MacTavish, a volunteer advocate for the American National Cancer Society Network reported on current funding and budgets, and thanked the Assembly for its support for clean water in Akhiok. Dennis Summons thanked the Assembly for its recent support to the Service Areas Boards, and spoke against renewing the current Borough Attorney's contract. COMMITTEE REPORT Melissa and Naomi Griffin, Lvndsy Carmody, and Skylar and Sidney Carmody spoke on behalf of the Girl Scouts of America and thanked the Assembly for its support. Scott Arndt, Vice-chair of the Solid Waste Advisory Board (SWAB), reported on the Board's recommendation that the Borough not charge for metals being disposed of at the landfill during the Spring Clean-up Days, and thanked the Assembly for its appointment of Curtis Howell to the Service Area No. 1 Board. Kodiak Island Borough Assembly Minutes April 18, 2013 Page 1 Cindy Harrington gave an update on the Solid Waste Advisory Board (SWAB) Outreach and Education Committee's, "Spruce Up Kodiak" campaign. Assembly member Bonney reported and thanked the Solid Waste Advisory Board committee members for it's ongoing efforts. Assembly member Stephens reported on the Kodiak Island Borough School District budget meetings. Assembly member Griffin reported on the Kodiak Housing Task Force that met addressing local housing needs and objectives. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Would be in Anchorage April 24 and 25, 2013, attending the Commission on Alaska Seismic Safety Committee meetings; • Interviewed four candidates for the Community Development Director position; • Request for Proposal for legal services was completed and scheduled to be published; • Long Term Care Facility groundbreaking was scheduled for May 3 and additional information would be forwarded when available; • Lead North, Emerging Leaders Dialog Group scheduled to meet in Kodiak May 2013, and the Borough would send some employees to attend along with sponsorship of the event; and • Aged garbage liens were being researched. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby congratulated Judge Joel Bolger for his upcoming installation on the Alaska Supreme Court, and thanked Representative Alan Austerman and Senator Gary Stevens for their successful support for Kodiak Island Borough capital projects in the recent legislative session. UNFINISHED BUSINESS None. NEW BUSINESS • Contracts 1. Contract No. FY2013-25 Karluk School Oil Tank Procurement. GRIFFIN moved 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. The contract was for the procurement of an above ground fuel storage tank for the Karluk Underground Storage Tank Replacement project. The Tank Replacement project involved decommissioning four existing underground fuel storage tanks at the Karluk School and replacing them with one above-ground fuel storage tank. The scope of work was out for bid. The State of Alaska Department of Environmental Conservation had mandated that KIB complete the work no later than September 30, 2013. In order to meet the schedule it was necessary for KIB to purchase Kodiak Island Borough Assembly Minutes April 18, 2013 Page 2 the new fuel tank and have it shipped to Kodiak where it would 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 determined that Greer Tank Inc. of Anchorage, Alaska was the lowest responsible bidder. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Stutes, and Stephens. 2. Contract No. FY2013-26 Landfill Lateral Expansion Phase III Leachate Treatment Plant Metal Building Procurement. GRIFFIN moved 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. The Kodiak Island Borough solicited bids to procure a Metal Building System for the Leachate Treatment Plant as part of the Landfill Lateral Expansion Project. The 127' 4" x 87" 4" building package would 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. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stutes, Stephens, and Austerman. 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). KAPLAN moved to adopt Resolution No. FY2013-29. The Borough Resource Management Officer identified one parcel of land which could be suitable for disposal at a future land sale. At the primary stage of review, all that was required was a determination by the Assembly that the land identified was surplus to the Borough public's need. There was no adopted plan guidance indicating a need for the lands reviewed in this case to be required for any particular public purposes. Upon Assembly approval, the disposal of this parcel, an additional zoning review wouldl be required before this lot could be considered fit for disposal. The Planning and Zoning Commission held a public hearing on this request and found the request consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stutes, Stephens, Austerman, and Bonney. 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). AUSTERMAN moved to adopt Resolution No. FY2013-30. Kodiak Island Borough Assembly Minutes April 18, 2013 Page 3 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 was due to expire June 30, 2013. In addition to renewal of the lease, KRAA was 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 were identified as more suitable for hatchery expansion. At the primary stage of review, the Assembly needed to determine that the land identified for disposal was surplus to the borough public's need. There was no adopted guidance plan indicating a need for the lands reviewed in this case to be required for any particular public purpose. Upon the Assembly's approval of the disposal of the parcel, an additional zoning review would be required for the parcel to be considered fit for hatchery expansion. The Planning and Zoning Commission held a public hearing on the request and found the request to be consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. Adoption of the resolution would direct the Manager to continue the process of making this parcel ready for disposal, by lease, to the Kodiak Regional Aquaculture Association. Assembly member Stephens declared a conflict of interest. Mayor Selby ruled there was a conflict of interest and excused Assembly member Stephens. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Bonney, and Griffin. 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). BONNEY moved to adopt Ordinance No. FY2013-15 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Borough Resource Management Officer had identified two parcels of land which could be suitable for disposal at a future land sale. Planning and Zoning Commission Cases No. 13-019 and 13-002, declared the two parcels as surplus to the public's need. Prior to public disposal, a rezone to a suitable residential zoning district was required. The adopted plan guidance and surrounding neighborhood indicated that the Rural Residential Two Zoning District was the most appropriate zoning district for the purpose of disposal. The Commission held a public hearing on March 20, 2013, and found the request to be consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Griffin, and Kaplan. Other Items 1. Confirmation of the Assembly Appointment to the Service Area No.1 Board (Curtis Howell). This item was approved under the consent agenda. Kodiak Island Borough Assembly Minutes April 18, 2013 Page 4 There was a 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. The Assembly confirmed the appointment of Mr. Howell to the SA1 Board for a term to expire October 2015. 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). BONNEY moved 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. The Planning and Zoning Commission granted approval of a preliminary plat where the applicants had mutually agreed to a common lot line adjustment. The existing utility easement served no known utility provider, and potential users of the utility easement had expressed non-objection to the vacation or remained silent. Because there was a vacation of a utility easement involved, KIBC 16.60.060 required assembly review and approval. If approved, the applicant would submit a final plat that met KIBC code requirements. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Bonney, Griffin, Kaplan, and Lynch. 3. Declaring a Seat on the Planning and Zoning Commission Vacant. This item was approved under the consent agenda. 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. The Assembly declared the City seat vacant and directed the Borough Clerks to advertise the vacancy per Borough Code. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stephens reported on the final status of the Alaska Public Offices Commission (APOC)complaint against himself Assembly member Stutes questioned the APOC complaint process filed by the Borough. Assembly member Griffin spoke in support and appreciation of the military children in the Kodiak community, and expressed appreciation for the capital project funding through lobbying efforts of Senator Stevens and Representative Austerman. Assembly member Lynch congratulated and thanked the Petrick family, the Kodiak Humane Society, and the "Spruce Up Kodiak" campaign members. Kodiak Island Borough Assembly Minutes April 18, 2013 Page 5 Assembly member Lynch and Austerman congratulated Employee of the Quarter Jennifer Keegan, and thanked the Girl Scouts of America and commended the work that SWAB was doing in public outreach. Announcements The Assembly and School District Board would 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 was scheduled on Thursday, April 25 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 2 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. The meeting was adjourned at 8:35 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Assembly Minutes April 18, 2013 Page 6 KODIAK ISLAND BOROUGH Assembly Regular Meeting May 2, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, May 2, 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. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Dave Kaplan, Chris Lynch, and Mel Stephens. Staff members present were Borough Manager Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly members Griffin and Stutes who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AUSTERMAN moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Manager Cassidy presented a five-year longevity award to Bob Tucker, Maintenance Coordinator in the Engineering/Facilities Department. Mayor Selby presented the Student of the Month Award for May 2013 to Shannon Armstrong, a Senior at Kodiak High School. Mayor Selby congratulated Finance Director Short for 30 years of employment with the Borough and commended him on his efforts through the years. CITIZENS' COMMENTS Jennifer Webster spoke on the alternates available for the Kodiak High School Addition and Renovation project, specifically the indoor jogging track alternative. A community petition was presented to add the indoor track to the project. COMMITTEE REPORTS Cindy Harrington, Solid Waste Advisory Board "Spruce Up Kodiak" Subcommittee Co-Chair, gave an update on the activities of the subcommittee. She thanked the Assembly, community, and Kodiak Daily Mirror for the efforts on the Community Clean Up Event scheduled for May 5. Kodiak Island Borough Assembly Minutes May 2, 2013 Page 1 Assembly member Kaplan reported on the Kodiak College Advisory Board meeting held on May 2, and invited the Assembly to support the 2013 Kodiak College graduates on May 10. Assembly member Lynch reported on the Kodiak Fisheries Work Group meeting of April 29. PUBLIC HEARING A. 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). AUSTERMAN moved to adopt Ordinance No. FY2013-15. The Borough Resource Management Officer identified two parcels of land in the Chiniak Subdivision, which could 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 was required. The adopted plan guidance and surrounding neighborhood indicated that the Rural Residential Two Zoning District was the most appropriate zoning district for the purpose of disposal. The Commission held a public hearing on March 20, 2013, on the request and found the it to be consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Kaplan, Lynch, and Stephens. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Announced the Kodiak Community Clean Up event on Saturday, May 5. The Borough Landfill would accept household and large items on the weekends of May 5 and May 11. • Finance Director Short was preparing the FY2014 budget; • RFP for legal services was available, the deadline to submit proposals was May 3; • May 9 work session items would include the FY2014 budget, a FY2013 budget amendment, the salary compensation study presentation, and the School District funding resolution; • Kodiak Housing Task Force meeting would be held on May 14 at 7 p.m.; and • Letter of support was written for the Sun'aq Tribe grant regarding increasing seafoods served in schools. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the Community Economic Development Committee meeting and approved the 2013 Kodiak Region Comprehensive Economic Development Strategy document; copies would be provided to the Assembly. Mayor Selby asked for Assembly consensus on a Kodiak Island Borough Assembly Minutes May 2, 2013 Page 2 letter of support regarding the Alaska Sea Grant College Program; there was no objection to the issuance of the letter. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2013-28 Letter of Engagement for Legal Services Associated With the Sale of Revenue Bonds for the Long Term Care Facility. BONNEY moved to authorize the Manager to execute Contract FY2013-28 with Wohlforth Brecht Carteledge & Brooking of Anchorage, Alaska for a Letter of Engagement for Legal Services associated with the sale of revenue bonds for the Long Term Care Facility in the amount not to exceed $25,000 plus reimbursable expenses. The attorney firm of Wohlforth Brecht Cartledge & Brooking provided the Borough bond counsel services in the past; Finance Director Short stated that the services were thorough and professional. Bond counsel services were considered outside of the Borough's contract for general legal services that Wohlforth Brecht Cartledge & Brookings provided to the Borough. By amending the Agreement for Bond Counsel Services from a fee of $17,500 (per the July 18, 2012 Agreement) with the revised agreement letter dated January 9, 2013, and raising the fee to $25,000 plus expenses, the Borough would be spending over the $25,000 limit under which the Manager had authority. The recent changes to the purchasing code adopted January 17, 2013, also required that the Assembly be notified if the total payment to one contractor exceeded $25,000 for similar types of work in one fiscal year. With the sale of General Obligation bonds for the KHS Addition and Renovation project by the Borough Attorney's firm, Assembly notification was required. KAPLAN moved to postpone Contract No. FY2013-28. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED THREE TO TWO: Kaplan, Lynch, and Austerman (Ayes); Bonney and Stephens (Noes). ROLL CALL VOTE ON MAIN MOTION FAILED THREE TO TWO: Lynch, Austerman, and Kaplan (Ayes); Bonney and Stephens (Noes). 2. Authorizing the Manager to Execute Change Order No. 16 to Contract No. FY2007-22 Landfill Lateral Expansion Design and Construction Service for Services During Construction (SDC). AUSTERMAN moved to authorize the Manager to execute Change Order No. 16 to Contract No. FY2007-22 Landfill Lateral Expansion Design and Construction Service with CH2M Hill Engineers, Inc. for Services During Construction in an amount not to exceed $900,830 which will be paid on an actual hours worked basis. Kodiak Island Borough Assembly Minutes May 2, 2013 Page 3 The Engineering firm for the Kodiak Landfill Lateral Expansion project, CH2MHill Engineers, Inc. (CH2MHill), submitted two change order requests in the total amount of $900,830 for Services During Construction (SDC). Previous Change Order No. 14 covered additional Phase 2 SDC for the 12-month period from October 1, 2012 to October 1, 2013, the anticipated completion date for Phase 2 construction. It was apparent that Phase 2 construction would extend through September 2014. CH2MHill requested an additional $171,450 for SDC to be billed on a time and materials basis. Phase 3 construction was scheduled to begin summer of 2014. CH2MHill requested a "not to exceed amount of $729,380" for SDC for this Phase. Further information was contained in memos from Cory Hinds, CH2MHill. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Lynch, Austerman, Bonney, and Kaplan (Ayes); Stephens (No). 3. Contract No. FY2013-29 Installation of Electrical Services for the KHS Addition and Renovation Project. KAPLAN moved to authorize the Manager to execute Contract No. FY2013-29 with Kodiak Electric Association to construct a new high voltage electrical service for the Kodiak High School Addition and Renovation Project in an amount not to exceed $63,280. The KHS Addition and Renovation Project required new high voltage electrical services. Identification of the scope of these services were described in the proposal prepared by Jim Devlin, Engineer, Kodiak Electric Association. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Kaplan, and Lynch. Resolutions None. Ordinances for Introduction None. Other Items None. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Bonney explained why he voted against Contract No. FY2013-28, and asked the Manager to request additional information from the Borough Attorney. Assembly members Austerman, Kaplan, and Lynch congratulated Karl Short on his 30 year anniversary with the Borough, and Student of the Month and Longevity Award recipients. Kodiak Island Borough Assembly Minutes May 2, 2013 Page 4 Assembly member Lynch thanked the "Spruce Up Kodiak" subcommittee for its work on the Community Clean Up Event. Announcements The next Assembly work session was scheduled on Thursday, May 9 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 16 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Kaplan, Lynch, and Stephens. The meeting was adjourned at 8:11 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes May 2, 2013 Page 5 d ;, dgQa - KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 9.A TITLE: Ordinance No. FY2014-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commending on the First Day of July 2013 and Ending on the Thirtieth Day of June 2014 (Fiscal Year 2014 Budget). ORIGINATOR: Finance Director FISCAL IMPACT: ® Yes $ or❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2014-01; Memo to the Assembly; Backup Spreadsheet APPROVAL FOR AGENDA: SUMMARY STATEMENT: This ordinance budgets for FY2014 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds. This ordinance also adds multi- year projects to the capital project funds. This ordinance sets FY2014 mill rates and sets the tax rates for commercial aircraft. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-01. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: Borough Assembly 1 SUBSTITUTED VERSION Drafted by: Finance Director Introduced: 05/16/2013 2 Public Hearing: 06/06/2013 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-01 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 LEVYING TAXES ON ALL TAXABLE REAL AND PERSONAL PROPERTY WITHIN 10 THE KODIAK ISLAND BOROUGH FOR THE EXPENSES AND LIABILITIES OF THE 11 KODIAK ISLAND BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE 12 FIRST DAY OF JULY 2013 AND ENDING ON THE THIRTIETH DAY OF JUNE 2014 13 (FISCAL YEAR 2014 BUDGET) 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 16 BOROUGH THAT: 17 18 Section 1: This ordinance is not of general application and shall not be codified. 19 20 Section 2: The following sums of money, or as much thereof as may be authorized by 21 law, as may be needed or deemed necessary to defray all expenses and 22 liabilities of the Kodiak Island Borough, be and the same, is hereby 23 appropriated for municipal purposes and objects of the Kodiak Island 24 Borough and other taxing entities hereinafter specified for the fiscal year 25 commencing on the first day of July 2013 and ending on the thirtieth day of 26 June 2014. 27 28 Section 3: Adoption of this ordinance recognizes that funds are appropriated at 29 department and/or project level. Compositions of these figures are as 30 delineated in the full detail budget document. The full document is available 31 to all elected and appointed officials for their use. Copies may be reviewed by 32 interested citizens at the Borough Building during normal working hours and 33 also at the A. Holmes Johnson, Chiniak, and village public libraries during 34 their normal operating hours. 35 36 Section 4: Tax Levy. A tax for the amount specified in the form of a mill levy is hereby 37 levied for the value as of January 1, 2013, to be used for the purposes as 38 specified in the Budget for the Fiscal Year 2014 of the Kodiak Island Borough 39 commencing on the first day of July 2013 and ending on the thirtieth day of 40 June 2014 to defray expenses and liabilities of said entity as enumerated in 41 the applicable budgets. 42 43 The millage rates by taxing entity are as follows: 44 A. Kodiak Island Borough .03 mills 45 B. Education Support Fund 8.75 mills 46 C. Womens Bay Road Service Area 2.50 mills 47 D. Womens Bay Fire Dept. 1.25 mills Kodiak Island Borough, Alaska Ordinance No. FY2014-01 Page 1 of 3 48 E. Bay View Road Service Area 1.50 mills 49 F. Fire Protection Area No. 1 1.50 mills 50 G. Monashka Bay Road Service Area 2.50 mills 51 H. Service Area No. 1 Roads 2.00 mills 52 I. Woodland Acres Street Light Area 0.25 mills 53 J. Service Area No. 2 0.00 mills 54 K. KIB Airport Fire Area 1.25 mills 55 L. Trinity Islands Street Light Service Area .50 mills 56 M. Mission Lake Tide Gate Service Area 1.00 mills 57 N. Debt Service 1.81 mills 58 O. Renewal and Replacement Fund .16 mills 59 60 Section 5: Commercial Aircraft that have been issued an N number by the Federal 61 Aviation Administration and are less than 12,500 pounds takeoff weight. 62 FIXED WING ROTORCRAFT Gross Lbs Annual Tax Gross Lbs Annual Tax Non Flyable $50 0-1,000 $100 0-2,000 $400 1,001-2,000 $200 2,001-3,000 $800 2,001-3,000 $400 3,001-4,000 $1,000 3,001-4,000 $600 4,001-7,000 $1,400 4,001-5,000 $800 7,001-12,500 $1,600 5,001-6,000 $1,000 6,001-7,000 $1,200 7,001-8,000 $1,300 9,001-10,000 $1,400 10,001-12,500 $1,500 63 64 Section 6: The tax rate on boats is set at $1 per foot. Boats that are equal to or less than 65 20 feet long are exempt. 66 67 Section 7: The Decision Band Method of the The KIB Employee Classification and 68 Compensation Study • •- == - • _ •- • _ 69 • - •: - - - will be implemented for non-union employees will 70 71 using--3% steps: upon approval by the Assembly of the Ordinance 72 recommended by the Personnel Advisory Board which supports the 73 study and implementation plan into the Personnel Manual. 74 76 of -the The Employee Classification and Compensation Study will be 77 implemented for union employees upon completion of union contract 78 negotiations and approval of the contract by the Assembly. plan 79 = 80 preference. Kodiak Island Borough, Alaska Ordinance No. FY2014-01 Page 2 of 3 81 83 84 85 Sectionl-0 9: Kodiak Island Borough Staff is hereby authorized and directed to effect the 86 necessary line item changes within the limits established above by fund, 87 project, and department to properly monitor, account, and report on the 88 expenditure of these funds. 89 90 Section 4 10:Attached to this document is a five page backup documentation. for section 2 91 '. 92 93 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 94 THIS DAY OF JUNE 2013 95 96 KODIAK ISLAND BOROUGH 97 98 99 100 ATTEST: Jerome M. Selby, Borough Mayor 101 102 103 104 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2014-01 Page 3 of 3 A. General Fund (100) Revenues Percentage Taxes Real Property 0.45% 29,900 Personal Property 0.05% 3,300 Non ad valorem taxes 0.41% 27,500 Payment in lieu of taxes 18.44% 1,226,000 Severance Taxes 27.98% 1,860,000 Penalties & Interest on Tax 3.01% 200,000 Licenses & Permits 1.00% 66,500 Federal Shared Revenue 2.29% 152,400 State Shared Revenue 41.12% 2,733,639 Investments Earnings 1.50% 100,000 Other 0.29% 19,000 Sale of Fixed Assets 0.08% 5,000 Use of Fund Balance 3.39% 225,358 Total General Fund Revenues 100.00% 6,648,597 Expenditures FTE Legislative 0 2.74% 181,850 Personnel Services 31,200 Fringe Benefits 6,570 Lobbyist 71,500 Support Services 72,580 Borough Management 4 9.11% 605,768 Personnel Services 355,631 Fringe Benefits 232,144 Contracted Services 0 Support Services 47,993 Allocated (30,000) Borough Clerk 3 8.47% 563,365 Personnel Services 249,921 Fringe Benefits 150,060 Support Services 163,384 Capital Outlay 0 Legal Services 0 2.24% 149,000 Cost of Litigation 140,000 Support Services 9,000 1 Ordinance No. FY2014-01 Back-up Info Finance/Accounting 7 13.51% 897,962 Personnel Services 465,247 Fringe Benefits 298,215 Contracted Services 20,000 Support Services 133,500 Allocated to Projects (19,000) Finance/MIS 4 16.03% 1,065,775 Personnel Services 336,805 Fringe Benefits 193,670 Contracted Services 35,000 Support Services 366,300 Capital Outlay 190,000 Allocated (56,000) Assessing 5 10.08% 670,312 Personnel Services 367,842 Fringe Benefits 217,590 Contracted Services 7,000 Support Services 90,880 Capital Outlay 0 Allocated to other funds (13,000) Engineering/Facilities 2 4.16% 276,663 Personnel Services 155,120 Fringe Benefits 96,043 Professional Services 4,000 Support Services 69,500 Allocated to Projects (48,000) Community Development 5 11.24% 747,218 Personnel Services 376,803 Fringe Benefits 226,415 Professional Services 40,000 Support Services 104,500 Allocated to Projects (500) Building Inspectors 0 2.28% 151,484 Contracted Services 140,000 Support Goods and Services 11,484 Economic Development 0 1.11% 73,600 Professional Services 30,000 Contributions 43,000 Support Goods & Services 600 2 Ordinance No. FY2014-01 Back-up Info General Administration 0 3.75% 249,100 Personnel Services - Audit Expense 120,000 Contracted Services 1,000 Support Services 128,100 Capital Outlay 0 Parks and Recreation 0 0.68% 45,000 Personnel Services 5,000 Contracted Services 18,000 Support Services 22,000 Capital Outlay Emergency Preparedness 0 0.78% 52,000 Personnel Services 15,000 Contracted Services 30,000 Support Goods and Services 7,000 Health & Social Services 0 4.30% 286,000 Contributions 286,000 Animal Control 1.28% 85,000 Contracted Services 85,000 Education, Culture & Recreation 0 1.35% 90,000 Contributions 90,000 College and Libraries 0 2.93% 195,000 Contributions 195,000 Transfers Out 0 0.23% 3.96% 263,500 Transfers 263,500 Total General Fund Expenditures 6,648,597 3 Ordinance No. FY2014-01 Back-up Info B. Special Revenue Funds (Revenues and Expenditures) 1 Education Support Fund (201) 10,250,350 2 Land Sales (210) 268,430 3 Buildings & Grounds Fund (220) 588,908 4 Local Emergency Planning Committee (234) 57,120 5 Women's Bay Road Service Area (240) 206,000 6 Service Area No. 1 (242) 890,500 7 Service Area No. 2 (243) 100 8 Monashka Bay Road Services Area (244) 60,850 9 Bay View Road Service Area (246) 15,257 10 Fire Protection Area No. 1 (254) 549,040 11 Women's Bay Fire Department(252) 119,000 12 KIB Airport Fire Area (254) 14,300 13 Woodland Acres Street Light Area (260) 11,850 14 Trinity Acres Lighting Dist. (261) 5,600 15 Mission Lake Tide Gate (262) 3,970 16 Trinity Acres Paving Dist. 263) 10,500 17 Facilities Fund (276) 1,000,000 18 Tourism Development (277) 115,500 19 Fern Fuller Trust (290) 66,500 20 Special Projects (295) 0 Total Special Revenue Funds 14,233,775 4 Ordinance No. FY2014-01 Back-up Info C. Debt Service Funds (Revenues and Expenditures) 1 Debt Service (300) 5,750,193 Total Debt Service Funds 5,750,193 D. Capital Project Funds (Revenues and Expenditures) 1 Capital Project- Borough, Various (410) 0 2 Capital Project- School Bonds (420) 0 3 Capital Projects - State Grants (430) 0 4 Capital Project - from 2010 on (450) 0 5 Kodiak High School Renovation and Addition (460) 0 6 Repair and Replacement Projects (469) 2,108,611 7 Capital Projects - Landfill (490) 0 8 Capital Projects - Hospital (495) 0 Total Capital Projects Funds 2,108,611 E. Enterprise Funds (Revenues and Expenditures) 1 Solid Waste Disposal Fund (530) 2,649,585 2 Hospital Enterprise Fund (540) 1,040,470 3 Kodiak Fisheries Research Center (555) 1,822,582 4 911 Service (560) 50,000 Total Enterprise Funds 5,562,637 Total all Funds $ 34,303,813 5 Ordinance No. FY2014-01 Back-up Info FY2014 NON-PROFIT FUNDING BUDGET DETAIL FY14 Application Grant FY14 ASSEMBLY Received Actual Financials Report Organization REQUEST FUNDING By 3/26/13 Status included? Recd? • 1 Alutiiq Museum&Archaeological Repository $ 2,000 $ 2,000 Yes 501c3 Yes Yes 2 American Red Cross 7,101 7,101 Yes 501c3 Yes Yes 3 Brother Francis Shelter 53,000 53,000 Yes 501c3 Yes Yes 4 Historical Society 6,500 6,500 Yes 501c3 Yes Yes 5 Hope Community Resources 5,200 5,200 Yes 501c3 Yes Yes i 6 Humane Society 5,000 5,000 Yes 501c3 Yes Yes 1 7 KANA(WIC/ILP/Family Center) 12,000 11,000 Yes 501 c3 Yes Yes (1,000) 8 Kodiak Area Special Olympics 7,500 7,500 Yes 501 c3 Yes Yes 9 Kodiak Area Transit System 15,000 15,000 Yes 501 c3 Yes Yes 1 10 Kodiak Arts Council 16,500 16,000 Yes 501c3 Yes Yes (500): 11 Kodiak Baptist Mission(Food Bank) 41,310 40,310 Yes 501c3 Yes Yes (1,000) 12 Kodiak Girl Scouts 1,000 1,000 Yes 501 c3 Yes Yes 13 Kodiak Head Start 9,000 9,000 Yes 501c3 Yes Yes i 14 Kodiak Island Health Care Foundation(Clinic) 24,500 24,500 Yes 501c3 Yes Yes 15 Kodiak Maritime Museum 9,126 9,126 Yes 501c3 Yes Yes 16 Kodiak Public Broadcasting 10,000 9,000 Yes 501c3 Yes Yes (1,000) 17 Kodiak Soil&Water Conservation District 6,900 6,400 Yes 501 c3 Yes Yes (1,000)1 18 Kodiak Women's Resource&Crisis Center 60,000 59,000 Yes 501c3 Yes Yes (1,000)1 19 Providence Counseling Center(Safe Harbor) 24,500 24,500 Yes 501c3 Yes Yes 20 Salvation Army 10,000 10,000 Yes 501c3 Yes Yes 21 Senior Citizens of Kodiak 35,000 34,000 Yes 501 c3 Yes Yes (1,000)1 I 22 Threshold Services 9,195 9,195 Yes 501c3 Yes Yes 1 Total Requested $ 370,332 $ 364,332 Budget 364,425 364,425 Available $ (5,907) $ 93 In-Kind Requests 123 Kodiak Teen Court` 5,100 Yes 501c3 Yes Yes 2 4 Dig Afognak** 133 Yes n/a Yes Yes Total Requested $ 5,233 'requesting space rent in lieu of cash donation "requesting property tax amount in lieu of cash donation Late Application Audubon Society 1,595 No 501c3 Yes Yes Kodiak Island Borough 'fin) MEMORANDUM TO: Honorable Mayor and Assembly Members of the Kodiak Island Borough THROUGH: Bud Cassidy, Borough Manager FROM: Karleton Short, Finance Director SUBJECT: FY2014 budget DATE: May 5, 2013 We have made several changes to the FY2014 budget as presented on April 25, 2014. General Fund In the General Fund the following changes have been made. 1. We have increased our estimate of severance taxes on fish by $50,000 based on our YTD FY2013 revenues. 2. We have increased our estimate of penalties and interest on property taxes based on our YTD FY2013 revenues. 3. We have increased our revenue estimates on fish tax collected by the State of Alaska Department of Revenue by $50,000 and fish tax collected by the State of Alaska DECD (Department of Economic and Community Development) by $50,000. 4. We have reduced our "use of fund balance" revenue source by $526,800. The main reason for this decrease is a $400,000 reduction in transfers to debt service. 5. We have increased the Borough Management Department by $98,200 to add a new position by separating the HR Officer from the Executive Assistant. 6. As mentioned above we have reduced the General Fund transfer to debt service by $400,000. Special Revenue Funds In the Special Revenue Funds section the following changes have been made. 1. There is no increase in the Education Support Fund from the FY2013 budget. There has been some discussion on increasing this contribution to the "CAP". This would be an increase of$399,720. ($10,250,000 to $10,649,720). If the Assembly wishes to raise the Boroughs contribution to the school district these are our recommendations on how to fund it. a. We estimate that actual FY2013 revenues will exceed budgeted revenues by $140,000 to $150,000 which can be used in FY2014. b. We estimate that motor vehicle taxes will be $30,000 more than budgeted. e. We can transfer $219,720 in from the General Fund. The assembly can do all, part, or none of these changes. 2. We have increased the budget for interest earnings in the Facilities Fund by $450,000. This is based on YTD FY2013 earnings. 3. We have added $25,000 for Cruise Ship Tax Sharing to the Tourism Development Fund. We have also made the following changes: a. We have included the "Dig Afognak" request for $1,000. b. We have included the Historical Society's request for $6,500. c. We have included the Kodiak Convention Bureau request for $75,000. d. We have included the Kodiak Maritime's request for $9,126. Debt Sen'ice Fund In the Debt Service Fund the following changes have been made. I. We have increased the use of fund balance by $246,500. 2. We have reduced the transfers in from the General Fund line item by $400,000. 3. We have increased the transfers in from the Facilities Fund by $153,000. At this time we are also presenting our recommended budgets for capital projects and enterprise funds. Capital Projects Funds We are not making any changes to existing capital projects at this time. We are proposing 7 new capital projects in fund 469, Renewal and Replacement. The total cost of these projects will be $2,108,610. 1. Borough Building DDC Controls $ 441,310 2. Borough Building Boiler Replacement 400,190 3. Borough Building Boiler Room Asbestosis's Abetment 196,223 4. Port Lions School Exterior Paint 121,701 5. Middle School Paving 415,383 6. Auditorium Foyer and Hall Flooring 141,505 7. Move Generator Set at Borough Building 392,299 Total $2,108,610 Enterprise Funds There are four enterprise funds in the Kodiak Island Borough; Solid Waste Deposal, Hospital, K.F.R.C. and 911 services. We are increasing the Solid Waste Disposal budget by $288,000. To pay for these additional expenses we need to increase our fees by 16%. There are no material changes in the Hospital, K.F.R.C, and 911 funds. If you have any questions please let us know in time for us to research the answer before the next meeting. 2 Kodiak Island Borough MEMORANDUM TO: Honorable Mayor and Assembly Members of the Kodiak Island Borough THROUGH: Bud Cassidy, Borough Manager, FROM: Karleton Short, Finance Director SUBJECT: FY2014 budget DATE: May 23, 2013 Proposed changes to budget: 1. This adjustment would move the cruise ship tax sharing revenues from Fund 277 (Tourism Fund) to fund 100, General Fund. a. Increase account 100-000 335-180, Cruise Ship Tax Sharing, by$25,000 and decrease account 100-000 389-100, Use of Fund Balance, by $25,000. b. Decrease account 277-000 335-180, Cruise Ship Tax Sharing by $25,000 and decrease account 277-287 450-450, contingencies, by $25,000. 2. This adjustment will increase the contribution to KIBSD to the CAP. a. Increase account.201-000 311-100, real property tax, by $134,230 to $9,1 14,580, increase account 201-000 311-200, personal property tax, by $15,140 to $925,140, increase account 201-000 313-110, motor vehicle tax, by $30,000 to $280,000, and increase account 201-000 391-100, transfers in from the General fund, by $220,000. b. Increase acct 100-000 389-100 use of fund balance by $220,000 to $445,358, Increase account 100-195 494-201, transfer to education support fund, by $220,000 to $220,000. 3. This will correct Fund 555 —interest expense was left out. a. Increase account 555-758 476-276, 1997 KFRC revenue bond interest by $225,400 and increase account 555-000 389-100, use of fund balance, by $225,400. 4. Substitute Budget Ordinance with a version that changes Section 7 and 8 and deletion of Section 9, also concerning the salary study. There were a couple of questions on the budget 1. At 6/30/2012 the Hospital had net assets of$20,884,148. Only $1,256,243 of this amount is unrestricted, the other $19,667,905 is invested in capital assets, net of related debt. At June 30, 2012 there was $2,091,394 in cash in this fund. 2. The last time the Hospital enterprise fund contributed funds to pay for the Hospital Debt Service (a general obligation bond) was in FY2008; this transfer did not cover all of the debt service costs. The last payment on hospital bonds will be made in on Fehniary 1, 2014. 3. We have budgeted$150,000 for Fish and Wildlife Service revenue sharing for FY2013. I have talked with the Fish and wildlife service and they feel that we will receive $185,000, the same as in FY2012. They said that the odds were that we would receive a similar amount in FY2014 but not to quote her on it. We have only budgeted $150,000 in FY2014. 2 ¢k* o KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 9.B TITLE: Ordinance No. FY2013-01C Amending Ordinance No. FY2013-01 Fiscal Year 2013 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. ORIGINATOR: Finance Director FISCAL IMPACT: ® Yes $ or❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance FY2013-01(C) APPROVAL FOR AGENDA: Y/ SUMMARY STATEMENT: General Fund property tax revenues are higher than originally budgeted, penalties and interest on taxes are also higher than originally budgeted. State Shared Revenues will be at least $392,120 more than originally budgeted. Interest earned on investments in the General Fund will be approximately $100,000 less than originally budgeted due to poor market conditions. The Borough Manager Department, Finance Department, IT Department, and the Engineering and Facilities Department will allocate less to the landfill. An Engineering Facilities employee suffered long term illness and death, his sick and vacation leave time had to be charged to the Engineering/Facilities departments instead of projects he was working on. The State of Alaska has centralized their Child Care Assistance program so it is no longer being operated by the Borough. Expenditures in the Building and Grounds Fund, Borough Building will be more than budgeted due to more staff time spent on maintaining the building. The State Local Emergency Planning Committee grant is $3,114 less than anticipated. The State of Alaska no longer funds a Coastal Management Program. Fiscal Year 2012 interest earnings in the Facilities Fund were slightly less than anticipated leading to a reduction in the amount that could be transferred out for debt service and capital expenditures. Kodiak Island Borough Page 1 of 2 • .* ` ° ": KODIAK ISLAND BOROUGH ,n ;Al, AGENDA STATEMENT Fund 410, Borough Capital Projects has an unreserved fund balance of $517,202 due to projects coming in under budget and interest earnings higher than budgeted; and The State of Alaska has to approve all changes to projects that are reimbursed in part by the State. Federal Emergency Management Agency (FEMA) has made numerous amendments to their grants related to flooding. Fund 469, Renewal and Replacement Projects the Borough needs to budget an additional $201,457 for island wide underground storage tank removal and replacement, reduce the budget for the Port Lions School underground storage tank removal and replacement project by $82,148, reduce the Larson Bay and Old Harbor HVAC equipment and controls, budget by $545,953, budget $545,953 for a new roof on the Larsen Bay School, budget $1,547,255 for the Kodiak Middle School HVAC controls, and Budget $624,427 for Peterson Elementary HVAC controls. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013-01 C. Kodiak Island Borough Page 2 of 2 • Introduced by: Borough Manager SUBSTITUTED VERSION Requested by: Borough Manager 1 Drafted by: Finance Director 2 Introduced: 05/16/2013 Public Hearing: 06/06/2013 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2013-01C 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. 2013-01 FISCAL YEAR 2013 BUDGET BY 10 AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT 11 ARE OVER BUDGET, PROVIDE FOR ADDITIONAL EXPENDITURES, 12 AND MOVE FUNDS BETWEEN PROJECTS 13 14 WHEREAS, taxes on real property deposited into the General Fund are higher than 15 originally budgeted; 16 17 WHEREAS, penalties and interest on taxes are anticipated to be $50,000 or more than 18 originally budgeted; 19 20 WHEREAS, State Shared Revenues will be $392,120 or more than originally budgeted; 21 22 WHEREAS, interest earned on investments in the General Fund will be approximately 23 $100,000 less than originally budgeted; 24 25 WHEREAS, the Borough Manager Department will allocate $10,000 less to the landfill, 26 the Finance Department will allocate $6,000 less to the landfill, the IT Department will 27 allocate $6,000 less to the landfill and the Engineering Facilities Department will allocate 28 $12,000 less to the landfill; 29 30 WHEREAS, expenditures in the Engineering Facilities Department have been higher 31 than budgeted due to an employee's long term illness and death; 32 33 WHEREAS, the Child Care Assistance program is no longer being operated by the 34 Borough and has a residual fund balance of$2,202; 35 36 WHEREAS, expenditures in the Building and Grounds fund, Borough Building, will be 37 approximately $40,000 more than budgeted due to more staff time on building 38 maintenance; 39 40 WHEREAS, The Local Emergency Planning Committee will receive $3,114 less in grant 41 revenues than originally budgeted; 42 43 WHEREAS, the Borough no longer manages a State grant for Coastal Management and 44 this fund has a remaining fund balance of $27,133 which can be transferred to the General 45 Fund; 46 47 WHEREAS, the transfer from the Facilities Fund to the Debt Service has to be reduced 48 by $1,651 and the transfer to Fund 469 has to be reduced by $63,652 due to lower interest 49 earnings than estimated for FY2012, 50 Kodiak Island Borough, Alaska Ordinance No. FY2013-01C Page 1 of 2 51 WHEREAS, Fund 410, Borough Capital Projects has an unreserved fund balance of 52 $517,202 due to projects coming in under budget and interest earnings higher than 53 budgeted; 54 55 WHEREAS, in Fund 420 Projects 03119 and 05009 have to be restored to their original 56 state approved amount until the State grants the Borough permission to use the funds on 57 another project; 58 59 WHEREAS, in Fund 450 Federal Emergency Management Agency (FEMA) has made 60 numerous amendments to their grants related to flooding; and 61 62 WHEREAS, in Fund 469 Renewal and Replacement Projects the Borough needs to 63 budget an additional $201,457 for island wide underground storage tank removal and 64 replacement, reduce the budget for the Port Lions School underground storage tank 65 removal and replacement project by $82,148, reduce the Larson Bay and Old Harbor 66 HVAC equipment and controls, budget by $545,953, budget $545,953 for a new roof on 67 the Larsen Bay School, budget $1,547,255 for the Kodiak Middle School HVAC controls, 68 and Budget $624,427 for Peterson Elementary HVAC controls. 69 70 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 71 BOROUGH THAT: 72 73 Section 1: The FY2013 budget will be amended per the attached schedule. 74 75 Section 2: An additional $6,000 will be appropriated to the Kodiak Convention 76 and Visitors Bureau for the Kodiak downtown mapping project. 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS DAY OF 2013 80 81 KODIAK ISLAND BOROUGH 82 83 84 85 Jerome M. Selby, Borough Mayor 86 87 ATTEST: 88 89 90 91 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013-01C Page2of2 As of Budget Adopted Budget 4/30/2013 Balance Adjustments Revised Budget Fund 100 General Fund Revenues: Real Property Tax 29,250 50,505 (21,255) 20,000 49,250 Personal Property Tax - -2;550 - - (5,105) • 7,655 i i - - 2,550 Non ad Valorem Taxes 43,500 26,495 17,005 - 43,500 Payment in Lieu of Taxes 1,345,000 35,229 1,309,771 - 1,345,000 Severance Taxes 1,815,081 1,234,896 580,185 - 1,815,081 Penalties&Int on Tax 150,000 193,473 (43,473) 50,000 200,000 Licenses and Permits 86,500 46,986 39,514 - 86,500 Federal Shared Revenue 151,500 2,367 149,133 - 151,500 State Shared Revenue 2,746,200 3,138,320 (392,120) 204,665 2,950,865 Investment Earnings 225,000 42,765 182,235 (100,000) 125,000 Other 10,700 18,172 (7,472) - 10,700 Sale of Fixed Assets 5,000 9,564 (4,564) - 5,000 Use of fund Balance - - .. - 0 Transfer In - - 29,335 29,335 Total 6,610,281 4,793,667 1,816,614 204,000 6,814,281 Expenditures: Borough Assembly 175,650 128,984 46,666 - 175,650 Borough Manager 464543 318,741 145,802 10,000 474,543 Borough Clerk 524,764 418,773 105,991 - 524,764 Borough Attorney 129,000 104,189 24,811 50,000 179,000 Finance Department 833,023 758,830 74,193 6,000 839,023 Information Technology Department 869,770 588,727 281,043 6,000 875,770 Assessing Department 605,710 474,204 131,506 - 605,710 Engineering/Facilities Dept 179,774 256,206 (76,432) 112,000 291,774 Community Development 725,804 502,173 223,631 - 725,804 Building Official 131,484 52,093 79,391 - 131,484 Economic Development 73,600 56,973 16,627 - 73,600 General Administration 305,100 164,651 140,449 - 305,100 Parks and Recreation 45,000 7,538 37,462 - 45,000 Emergency Preparedness 49,500 10,842 38,658 - 49,500 Health and Sanitation 286,315 283,800 2,515 - 286,315 Animal Shelter 28,000 28,000 - - 28,000 Culture and Recreation 96,685 77,956 18,729 - 96,685 College and Libraries 195,000 192,000 3,000 - 195,000 Transfers Out 891,559 891,559 - 20,000 911,559 Total - 6,610,281 5,316,241 1,294,040 204,000 6,814,281 Fund 201 School District Support - Revenue 10,250,350 10,375,842 (125,492) - 10,250,350 Expenditures 10,250,350 7,707,711 2,542,639 - 10,250,350 Fund 205 Child Care Assistance Program - 0 Revenue - - - 2,202 2,202 Expenditures - 7,953 (78) 2,202 2,202 Fund 210 Land Sales - 0 Revenue 325,714 17,703 308,011 - 325,714 Expenditures 325,714 262,771 62,943 - 325,714 Fund 220 Buildings and Grounds Revenues Revenues 569,908 415,541 510,233 - 569,908 Transfers in i 18,000 - 18,000 - 18,000 Interest Earnings 1,270 1,674 (374) - 1,270 Use of Fund Balance - - - - 0 Total Revenues 589,178 417,216 527,859 - 589,178 Expenditures Borough Building 516,648 357,454 275,746 (40,000) 476848 MHC Apartments 8,000 3,074 4,926 - 8,000 School Buildings Major Repairs 35,000 31,695 3,305 - 35,000 Chiniak School 27,000 503 26,497 - 27,000 Various Buildings 2,500 16,883 (14,522) - 2,500 Project Office Expenses - 28,739 (6,358) 40,000 40,000 Total Expenditures 589,148 438,347 289,594 - 589,148 Fund 234 L.E.P.C. 0 Revenues 22.132 8,343 17,597 (3,114) 19,018 Expenditures 22,132 13,746 13,427 (3,114) 19,018 Coastal management Revenues 27,133 27,133 Expenditures 27.133 27,133 Fund 240 Womens Bay Road Service Revenues 206,000 237.296 (31,296) - 206,00 Expenditures 206.000 89.299 116,701 - 206,00 Fund 242 Service District No.1 Revenues 368,500 130.723 237.777 - 368,50 Expenditures 368,500 140.767 227,733 - 368,50 I Fund 243 Service Area No.2 Revenues 100 72 28 - 10 Expenditures 100 0 100 - 10 Fund 244 Monashka Bay Road District Revenues 60,850 60,383 467 - 60.85 Expenditures 60.850 80.020 (19.170) - 60,85 Fund 246 Bay View Road Service Area Revenues 15,257 15,185 72 - 15,25 Expenditures 15,257 5,371 9,886 - 1525 Fund 250 Fire Protection Area No.1 Revenues 535,200 553,130 (17,930) - 535,20 Expenditures 535,200 281,105 254,095 - 535,20 Fund 252 Womens Bay Fire Department Revenues 119,000 124,378 (5,378) - 119,00 Expenditures 119,000 71,359 47,641 - 119,00 Fund 254 KIB Airport Fire District Revenues 13,840 14,244 (404) - 13,84 Expenditures 13,840 13,883 (43) - 13,84 Fund 260 Woodland Acres Street Lights Revenues 12,050 11,709 341 - 12,05 Expenditures 12,050 3,776 8,274 - 12,05 Fund 261 Trinity Islands Lighting Dist. Revenues 5,500 5,422 78 - 5,50 Expenditures 5,500 1,375 4,125 - 5,50 Fund 262 Mission Lake Tide Gate Revenues 3,970 5,485 (1,515) - 3,97 Expenditures 3,970 10 3,960 - 3,97 Fund 263 Trinity Islands Paving Dist. Revenues 11,000 15,190 (4,190) - 11,00 Expenditures 11,000 3,290 7,710 - 11,00 • Fund 276 Facilities Fund Revenues 1,190,000 444,064 745.936 - 1,190,00 Expenditures/Transfers Out: Building Insurance 128,000 110,000 18,000 - 128,00 Debt Service 500,000 500,000 - (1,651) 498,34 Capital Projects Fund 469 R&R 562,000 - 562,000 (63,652) 498,348 Contingencies - - - 65,303 65,303 Total Expenditures 1,190,000 610,000 580,000 - 1,190,000 0 0 Fund 277 Tourism Development 0 Revenues 94,810 79,040 15,770 - 94,810 Expenditures 94,810 62,660 32,150 - 94,810 0 Fund 290 Fern Fuller Trust 0 Revenues 66,500 4,781 61719 - 66,500 Expenditures 66,500 66,500 - - 66,500 Fund 295 Special Projects Revenues Transfer in-General Fund 612,372 - 612.372 - 0 Expenditures 10030 Trails Plan 160,000 172,608 (12,608) - 10031 Subdivision,Zoning and Land Management Cc 322,372 328,047 (5,675) - Assembly Chambers Upgrade 50,000 - 50,000 - 11006 Outside review of salary scale 60,000 53,609 6,391 - LaserFiche Upgrade 20,000 - 20.000 - Total expenditures 612,372 554,264 (9.650) - Fund 300 Debt Service Revenues Property taxes 1,690,500 1,747,754 (57,254) 1,690,500 State Debt Reimbursement 2,660,454 1,957,237 703,217 - 2,660,454 Interest Earnings 4,836 5,046 (210) - 4,836 Other - - 0 Transfers in General Fund 559,509 559,509 - 559,509 Facilities Fund 500,000 500,000 - - 500,000 Total Revenues 5,415,299 4,769,546 645,753 - 5,415,299 Expenditures Expenditures-School Debt 4,664,881 3,053,199 1,611,682 - 4,664,881 Expenditures-Hospital Debt 743,815 744,183 (368) - 743,815 Expenditures-Karluk Loans 6,603 - 6,603 - 6,603 Total Expenditures 5,415,299 3.797,382 1,617,917 - 5,415,299 Capital Projects Fund 410-Borough Capital Projects: Revenues: Total Revenues 1,223,211 1743,561 (520,350) 517.202 1,740 413 Projects: 85 Village Metals 150,000 10,412 139,588 - 150,000 03105 Northstar School road/parking lot design 55,000 49,439 5,561 (5,561) 49,439 08003 HS Soil Remediation 475,110 458,027 17,083 (17,083) 458,027 08004 Computer Assisted Mass Appraisal and Collect 400.000 358,839 41,161 - 400.000 09012 Phase II KHS Soil Remediation 100,000 334,245 (234,245) 234,245 334.245 Transfer to fund 420 - - - 348,702 348,702 Contingencies 43,101 - 43,101 (43,101) 0 Total Borough Projects 1.223,211 1,210,963 12.248 517.202 1,740,413 Fund 420-GO Bond Projects: Revenues: Interest Earnings 3,488,407 3,179,687 308.720 151,298 3,639,705 Proceeds from bond 2004B Bond Issue 10,438,652 10,438,652 - - 10,438,652 Proceeds from bond 2008 Bond Issue 8,000,000 8,000,000 - - 8,000,000 Transfers in-Fund 410 - - - 348,702 348,702 21,927,059 21,618,339 308.720 500,000 22,427,059 Projects: 03119 New Swimming Pool 13,934.818 13,885,386 49,432 275,182 14,210,000 04101 Old Harbor GymNoc Ed renovation 3.282,085 3,192,085 90,000 3,282,085 05009 Kodiak Middle School concrete repair 448,961 152,361 296,600 224.818 673,779 Transfer to HS addition 8,Renovation 4,261,196 4,261,196 - - 4,261,196 21,927,060 21,491,028 436,032 500,000 22,427,060 Fund 430-State Capital Grant Projects: Revenues: 06007 ADF&G Building Design 2,950,000 - 2,950,000 - 2,950,000 07009 Tsunami Siren,Upgrades&Additions 100,000 - 100,000 - 100,000 07014 East Elemntary School Seismic Upgrade 164,522 - 164,522 - 164,522 08007 Kodiak Middle School Playground Equipment 10,000 - 10,000 - 10,000 09002 Alaska Safe Routes to School 5,000 - 5,000 - 5,000 09007 Denali Grant(AKA Kodiak Island Transportation 125,000 - 125,000 - 125,000 09007 DOT Grant(AKA Kodiak Island Transportation E 100,000 - 100,000 - 100,000 10023 Energy Block Grant US Dept.of Energy 50,000 - 50,000 - 50,000 10024 Karluk Village Warning Sirens 61,936 - 61,936 - 61,936 10025 Akhiok,Ouzinkie,Larsen Bay Village Warning S 141,703 - 141,703 - 141,703 10032 Womens Bay Tsunami Shelter FY12 Leg.Grant 1,025,000 - 1,025,000 - 1,025,000 Interest earnings - - - - - Total Revenues 4,733,161 - 4,733.161 - 4,733,161 Projects: 06007 ADF&G Building Design 2,950,000 2,950,000 - 2,950,000 07003 Island Lake Trail 48,000 4,194 43,806 48,000 07004 Larsen Bay Equipment . 70,000 67,829 2,171 70,000 07009 Tsunami Siren,Upgrades&Additions 100,000 70,668 29,332 100,000 07014 East Elemntary School Seismic Upgrade 164,522 150,794 13,728 164,522 09002 Alaska Safe Routes to School 5,000 - 5,000 5,000 09007 Denali Grant(AKA Kodiak Island Transportation 225,000 208,151 16,849 225,000 09007 DOT Grant(AKA Kodiak Island Transportation E 100000 - 100,000 100,000 10023 Energy Block Grant US Dept.of Energy 50,000 15,884 34,116 - 50,000 10024 Karluk Village Warning Sirens 61,936 55,073 6,863 61,936 10025 Akhiok,Ouzinkie,Larsen Bay Village Warning S 141,703 141,703 - 141,703 10026 Old Harbor Village Warning Sirens 135,000 45,000 90,000 135,000 10032 Womens Bay Tsunami Shelter FY12 Leg.Grant 475,000 585 474,415 - 475,000 R&R Contingencies transer to fund 469 207,000 - - - 207,000 Total Expenditures 4,733,161 3,687,760 647,898 - 4,733,161 • • • • Fund 450 Capital Projects Revenues State Seismic Reimbursement 6,121,375 6,121.375 (2.422,925) 3,698,450 11001 KMS GYM Seismic Upgrade(grant) 462,000 405,382 56,618 (56,618) 405,382 FEMA GRANTS($146,823 is spreadout below) 0 LIST OF FEMA GRANTS 10003 Regency Measures-FEMA 1,824 16,931 (15,107) 15,107 16,931 10004 Panamaroff Creek Road FEMA 11,255 32,183 (20,928) 20,928 32,183 10005 Alitak Rain Event FEMA 309 309 (309) 0 10006 Fairgrounds General Debris FEMA 8,365 (8,365) 8,365 8,365 10007 Fairgrunds General Debris 21,992 21,819 173 (173) 21,819 10008 Fairgrounds emergency Measures FEMA 56 5,000 (4,944) 4,944 5,000 10009 Middle Bay/Chiniak Rain event FEMA 972 11,676 (10,704) 10,704 11,676 10010 Womens Bay Service Area Debris FEMA 412 27.085 (26,673) 26,673 27,085 10011 Bells Flats Road FEMA 16,942 16.278 664 (664) 16,278 10012 Panamaroff Creek Road FEMA 1,261 30,664 (29,403) 29,403 30,664 10013 Panamaroff Creed Road Section FEMA 7,400 7,468 (68) 68 7,468 10014 South Russian Creek Rd FEMA 84,034 84,831 (797) 797 84.831 10016 Women's Bay Rain Event FEMA 366 366 (366) 0 10018 Salonie Creek Rd Damage FEMA 22,782 (22,782) 22,782 22,782 - 10020 Bioplug Sargent Creek FEMA - - 41,135 41,135 10027 Road Shoulder Repair 8 Culvert Replace - 55,233 (55,233) 55,233 55,233 10028 Marmot Dr.and Harbor Way FEMA - 1,845 (1,845) 1,845 1,845 12010 Anton Larsen Dock 2,000,000 2,000,000 12010 Antonn Larsen Dock Denali Commission 80,000 80,000 State Grant-Emergency Generators 1,320,853 1,320,853 (1,320,853) 0 12011 Emergency Generator Contingency - - 168,853 168,853 12012 Old Harbor Generator - - 1,007.000 1,007,000 12013 Kaduk Generator - - 33,000 33,000 12016 Bayside Emergency Generator State Grant - - 40,000 40,000 xxxx2012 Honeland Security Grant - - 35,000 35,000 transfer in Fund 410 - - 81,769 81,769 Transfer in Fund 495 85,000 85.000 (85,000) 0 Transfer in from Buildings and Grounds 95,000 95,000 - 95,000 Interest Earnings - - - 0 Transfer in from Fund 100 Local Match(Denali Anton Larsen Grant) _ 20,000 20.000 Total Revenues 8,231,051 842,542 7,388,509 (183,302) 8,047,749 Projects Fund 450 09011 Auditorium Roof 703,038 703,038 - - 703,038 09013 High School Fire Alarm 34,028 34,028 - - 34,028 09015 Demo Old Chiniak School 83.024 83,024 - - 83.024 09016 Akhiok Sewer Line 25,494 25,494 - - 25,494 09018 Middle School Close(in place)&Replace UST 66,194 16,225 49,969 (49,969) 16,225 09019 Boro.Build.Power Distribution Panels 55,561 55,561 (55,561) - 09020 Main Roof 52,595 52,595 - 52,595 09021 Boro Bld Sidewalk and Handrail Repairs 50,567 50,567 - 50,587 10000 High School Parking Lot Paving 283,113 283,113 - 283,113 10001 Schjool District Small Projects 41,127 41,127 - 41,127 10003 Regency Measures-FEMA 16,907 16,907 - 16,907 10004 Panamaroff Creek Road FEMA 32,183 22,755 9,428 (9,428) 22,755 10006 Fairgrounds General Debris FEMA 8,270 8,270 - - 8.270 10007 Fairgrounds General Repair 21,992 21,992 - 21.992 10008 Fairgrounds emergency Measures FEMA 4,959 4,959 - - 4,959 10009 Middle Bay/Chiniak Rain event FEMA 27,043 28,015 (972) 972 28,015 10010 Womens Bay Service Area Debris FEMA 27,085 25,919 1,166 (1,166) 25,919 10011 Bells Flats Road FEMA 16,942 16,942 - - 16,942 10012 Panamaroff Creek Road FEMA 30,664 32,270 (1,606) 1,606 32,270 . 10013 Panamaroff Creed Road Section FEMA 9,970 9,988 (18) 18 9,988 10014 South Russian Creek Rd FEMA 84,031 85,033 (1,002) 1,002 85,033 10017 Chlniak School Soil Remediation 95,000 27,233 67,767 - 95,000 10018 Salonie Creek 22,864 22.864 - - 22,864 10020 Bioplug Sargent Creek 41,135 1,076 40.059 - 41,135 . 10027 Road,Shoulder Erosion 8 Culvert Repair 3 Sisk 55,233 36,178 19,055 (19,055) 36,178 10028 Marmot/Harbor Way 1.845 630 1,215 (1,215) 630 10029 Kodiak Middle School Emergency Generator 82,661 • 82,661 - - 82,661 11001 KMS Gym Seismic Upgrade(grant) 405,382 405,382 - - 405.382 12010 Anton Larsen Dock 2,100,000 990 2,099,010 - 2,100,000 12011 Emergency generator contingency 240,853 - 240,853 (72,000) 168,853 12012 Old Harbor Emergency Generator 1,007,000 295 1,006.705 - 1,007.000 12013 Karluk Emergency Generator 33,000 390 32,610 - 33,000 12016 Bayside Emergency Generator 40,000 - 40,000 - 40,000 xxxx 2012 Homeland Security Grant - 35,000 35.000 R&R contingencies 890,485 - 890,485 (890,485) - Contingencies 119,036 - 119,036 (119,036) - Transfer to Fund 410 369,499 369,499 - - 369,499 Transfer to Fund 420 933,009 - 933,009 - 933,009 Transfer to Fund 495 - - - - - Transfer to Fund 469 119,262 - 119,262 996,015 1,115,277 Total Expenditures 8,231.051 2,509,459 5,721,592 (183,302) 8,047,749 Fund 460-High School Addition and Renovation Revenues Sale of Bonds 68,429,814 - 68,429,814 - 68,429,814 State Grant 7,538,000 - 7,538,000 - 7,538,000 Transfer in-Fund 420 4,167,212 - 4,167,212 - 4,167,212 Transfer in-Fund 410 93,983 - 93,983 - 93,983 - 0 Interest Earnings 250,000 - 250,000 - 250,000 Total Revenues 80.479,009 - 80,479.009 - 80,479,009 Projects - Iiigh School Addition and Renovation 80,479,009 5,914,766 74,564,243 - 80,479,009 Total 80,479,009 5,914,766 74,564,243 - 80,479,009 • Fund 469 Renewal and Replacement Projects Revenues Legislative Grant-emergency generator 435,147 - 435.147 - 435,147 Receipts in Renewal&Replacement Fund 4,800,409 - 4,800,409 2.165,517 6,965,926 Transfer in from Fund 450 119,262 - 119,262 996,015 1,115,277 Total Revenues 5,354,818 - 5,354,818 3,161,532 8,516,350 Expenditures 09019 Boro.Build.Power Distribution Panels - - 55,561 55,561 10037 Borough Building New Roof 847,884 847,884 - - 847,884 11002 East Elementary Generator&Building 1,281,537 1,167,808 113,729 - 1,281,537 11003 Chiniak Removal of Underground Storage Tank 74,751 77,445 (2,694) - 74.751 11004 Ahkiok Teacherage Rehabilitaion 45,379 45,379 - - 45,379 11005 Borough Building Combustion Air 21,637 21,637 - - 21,637 11009 Island Wide UST Removal/Replacement 91,515 10,391 81,124 201,457 292,972 11010 Karluk HVAC Controls 59,400 53,084 6,316 - 59,400 12001 Borough Building&North Star Elemenlry Ext Pa 269,499 5,483 264,016 - 269,499 12002 Port Lions Under Ground Storage Tank 82,220 72 82,148 (82,148) 72 12003 Borough Building New Receptacles 63,107 . 55 63,052 - 63,107 12004 Borough Building Return Air Duct 2nd Floor 270,459 264 270,195 270,459 12005 East&Peterson Flooring 738,504 721 737,783 - 738,504 12006 KMS Elevator Controls 51,840 46 51,794 51,840 12007 Larsen Bay Old HVAC Equip&controls 546,487 534 545,953 (545,953) 534 12008 Main Remove UST 69,401 61 69,340 (69,340) 61 12017 Baraonof Park 500,000 500,000 - - 500,000 XXXXX Larsen Bay School Roof Replacement - - - 545,953 545,953 XXXXX KMS HVAC Controls - - - 1,537,255 1,537,255 XXXXX Peterson HVAC - - - 624,427 624.427 R&Rcontingency 341,198 341,198 894.320 1,235,518 Contingencies - - - 0 Total Expenditures 5,354,818 2,730,865 2,623,953 3,161,532 8.516,350 Fund 490 Landfill Capital Projects Landfill Lateral Expansion Alaska Clean Water Fund Loan 14,463,548 - 14,463,548 - 14,463,548 Revenue bonds 3,650,000 - 3,650,000 - 3,650,000 Municipal Matching Grant 3.000,000 - 3,000,000 - 3,000.000 FY 12 Leg.Grant 3,000,000 _ - 3,000,000 - 3,000,000 24,113848 - 24,113,548 - 24,113,548 07013 Landfill Lateral Expansion 24,113,548 5,292,848 18,820,700 - 24,113,548 24,113,548 5,292,848 18,820.700 - 24,113,548 Fund 495 Hospital Capital Projects - FY12 Leg.Grant 1,275,000 - 1,275,000 - 1,275,000 CDBG FY11 90,000 90,000 - - 90,000 Revenue Bonds 18,500,000 - 18,500,000 - 18,500,000 Total Revenues 19,865,000 90,000 19,775,000 - 19,865,000 Expenditures - 09010 Long Term Care Center 19,865,000 589,014 19,275,986 - 19,865,000 Total Expenditures 7,756830 6,434,037 1,322,793 - 19,865,000 Fund 530 Solid Waste Collection/Disposal Revenues 2,361,549 2,211,532 150,017 - 2,361,549 Expenditures 2,361,549 1,421,290 940,259 - - 2,361,549 Fund 540 Hospital Enterprise Fund - Revenues: - Interest Earnings 25,000 27,332 (2,332) - 25,000 Providence Hospital Lease 720,000 660,000 60,000 - 720.000 Transfer in from Fern Fuller 66.500 66,500 - - 66800 Use of Retained Earnings 264,100 264,100 - 264,100 Total Revenues 1,075,600 753,832 321,768 - 1,075,600 Expenditures and Transfers: Expenditures 1,075,600 115,500 1,075,600 - 1,075,600 Total Expenditures 1,075,600 115,500 1,075800 - 1,075,600 Fund 555-Kodiak Fisheries Research Center Revenues 2.122,228 1,387,320 1,124,447 - 2,122,228 Expenditures Research Facility 2,077,728 661,091 1.649,904 - 2,077,728 Dorm Facility 44.500 30.013 23,553 - 44,500 2,122,228 691,104 1,673,457 - 2,122,228 Fund 560•Telephone 911 Service Revenues 50,000 30,809 29,619 - 50.000 Expenditures 50,000 50.219 49,858 - 50,000 1. .¢ :�'' KODIAK ISLAND BOROUGH 0 AGENDA STATEMENT k� REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 9.0 TITLE: State of Alaska Alcoholic Beverage Control Board Liquor License Application for Transfer of Controlling Ownership (Licensee/Applicant: Kodiak Rendezvous Inc.) ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Liquor License Application for Transfer of Ownership Back-up. APPROVAL FOR AGENDA:6/ . V SUMMARY STATEMENT: This application for liquor license transfer is to transfer license ownership of the Kodiak Rendezvous Inc., DBA The Rendezvous. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure which states: A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Note: Public hearing notices were mailed to 53 landowners as referenced above. RECOMMENDED MOTION: Move to voice non-protest to the State of Alaska Alcoholic Beverage Control Board Liquor License application for transfer of controlling ownership for the Kodiak Rendezvous Inc. Kodiak Island Borough Page 1 of 1 Kodiak Island Borough RECEIVED Office of the Borough Clerk MAY 3 0 2013 710 Mill Bay Road Kodiak, Alaska 99615 BOROUGH CLERK'S OFFICE Phone (907) 486-9310 Fax (907) 486-9381 KODIAK,AIASKA , NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, June 6, 2013, the meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board - . liquor license application for transfer of ownership: From: To: License #: 2639 License #: 2639 License Type: Beverage Dispensary License Type: Beverage Dispensary D.B.A.: The Rendezvous D.B.A.: The Rendezvous Licensee/Applicant: Kodiak Rendezvous, Inc. Licensee/Applicant: Kodiak Rendezvous, Inc. Toni Munsey and Val Flinders Toni Munsey — Owner (100%) Location: 11652 Rezanof, Kodiak, AK 99615 Location: 11652 Rezanof, Kodiak, AK 99615 Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kodiakak.us, fax to (907) 486-9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, June 6, 2013. If you have any questions, please call us at (907) 486-9310. Name: �nr� LOU- �L Mailing Address: SO' / �ott- _ Comments: Now (ri 0 � o.401_ w�'�.r 1.".4' THE STATE Department of Commerce, Community, a -.:.• /�, � /� and Economic Development e - ofALAs XS'�• ^1'" ALCOHOLIC BEVERAGE CONTROL BOARD �� r j1 GOVERNOR SEAN PARNEI.i 240G Viking Drive RECEIVED Anchorage,Mein:9laska9?501 Main:907.263.5900 TOD:907.465.5437 Fax:907.263-5930 May 1,2013 MAY - I Me Kodiak Island Borough ',Ware H WSOFFK:a Nova Javier njavier @kodiak.us KODIAK,ALASKA Transfer Beverage Dispensary Liquor License #2639 Kodiak Rendezvous, Inc. LLC dba The Rendezvous ❑ New Application El Transfer of Ownership ❑ Transfer of Location ❑ Restaurant Designation Permit ❑ DBA Name Change We have received an application for the above listed licenses (see attached application documents)within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a"protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11)may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed,the board will not approve the application unless it finds that the protest is"arbitrary,capricious and unreasonable". Instead,in accordance with AS 04.11.510(b),the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and,if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages,unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b)municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved,please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a)are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d),if applicable,requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above,please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant.For additional information please refer to 13 AAC 104.145,Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3),AS 04.11.090(e), and 13 AAC 104.660(e)must be approved by the governing body. SHIRLEY A. COTE Director 7114.,adAttit-- Maxine Andrews Business Registration Examiner Direct line: 907-263-5922 Email: maxine.andrews @alaska.gov • • • State of Alaska Alcoholic Beverage Control Board Date of Notice: May 1, 2013 Application Type: New x TRANSFER x Ownership Location Name Change Governing Body: Kodiak Island Borough Community Councils: n/a License#: 2639 License Type: Beverage Dispensary D.B.A.: The Rendezvous Licensee/Applicant: Kodiak Rendezvous Inc. Physical Location: 11652 Rezanof Mail Address: 11652 Rezanof Kodiak,AK 99615 Telephone#: 907-487-2233 or 907-942-0022 EIN: 74-2983908 Corp/LLC Agent: Address Phone Date and State of Good Incorporation standing? Kodiak Rendezvous Inc. 11652 Rezanof 907-487-2233 1/14/2002 yes Kodiak,AK 99615 907-942-0022 Please note:the Members/Officers/Directors/Shareholders(principals)listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10%shares. Member/Officer/Director: DOB Address Phone Title/Shares(%) Toni Munsey 8/14/1954 11652 Rezanof 907-487-2233 907- Owner(100%) Kodiak,AK 99615 942-0022 #2639 currently owned by Toni Munsey and Val Flinders Page 2 A local governing body as defined under AS 04.21.080(11)may protest the approval of an application(s)pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed,the board will not approve the application unless it finds that the protest is"arbitrary,capricious and unreasonable". Instead,in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING,THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a),the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b)municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a)are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note:Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3),AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. SHIRLEY A.COTE Director 41 _ Maxine Andrews Business Registration Examiner Direct line: 907-263-5922 Email: maxine.andrews @alaska.gov Alcoholic Beverage ConIr+l and Transfer Liquor License no 5348 C Tudor Rd (907)..69-0330 Fax:(907)272-9412 Anchorage.AK 99.507 • sevese.dps.state.ok.usnhe ..iccnse is: Dull Year OR ❑ Seasonal List Dates of Operation: SECTION A-LICENSE INFORMATION • FEES 1 License V. Lian< 1)m:: 1 Samte Rclinmec I I r n/� - e2O/ Q I j Rios Fsc: fl(NL00 1 X 639 &cerno-e //'�J/51Ye /`� y sec.'u.,t. 090 ; 1 icco>.+: 'V C ..Y+//� 1 Roc.Mohr.Permit I Loco!Um:ming Body:IC'ity.Borough or Unorganized) i Community Council Namely)S Mulling Address: I Fee: S ' OUTS/dt Cr L;;,,,rs I Firige n f0. I 4jad�,7k.�5: Rorot ki : !S.M.:5 r ' ON cejr Name of Applicant(C I 01.I'.I P'Indisidtml'PantteNbipt: 1 TOTAL 1 Doing Buckle*:As 10usine>a Nome): 1 Ilusiness Telephone Number. To. � /?tunse�f The (I)� ' goy- y87- aa3 3 Kodiak Rendezvous, Inc. e Keode3UOds i }°`Nnrnbcr I Mailing Addrtss: j Street Addrys or location ofPmttise: j Email Address: i //la5 .iq Ld. �e3ttnof i / 1 I.i,,.Sr.n:.zip: 3 ; //Ws5�7 u/. 43417 Or 1 a /usfFR,, net i SECTION n- TRANSFER INFORMATION I El/circular -�— --- Name mid hLriline ddthexv of Cl'RREAT1.icensce: u Into r ❑ lloosl'vf with sn:wip ir➢M+L a\n. inUflmh`nl C\Ktrted UlMI1Y AS ` / l _ 04.11.670 fur purposes of apps)ing AS 514.11?6014HW in o lutes I Bosin*,Nwnc(On)BEFORE 1ranaler: Mbolwmty hunter,mull A11101 ■ith this ApPI{eation (1l AAl' I 104.107).ROI or personal pmpeny crolw'c)s'sd with this taunter must M r'Y .�E'NU c zt��05 described Pim isle sccohlt)int:nst documents. Street Addru or Locution BEFORE transfer: O Involuntary I mnsler.Attach documents which evidence default under // 6u/ lee. a no* AS 1)3.11.67(1. /asp 5 ✓-' r flod,el-le. alit . 99&/5 SECTION C-PREMISES TO BE.LICENSED Distance to Omen wheel gwn.: i O rwncr messnreeltmtke: I O Premi •is(;R1:AfER than 50 miles fnxn the htlundmies don /e S t AS 1N.11:/R1 OR i iincorpontcd city.borough,or undid municipality. ❑1,wl wdinnu>\Ni'. l9 Preuuisrs is LESS than 50 mill'from the boundaries of an ineomunited Vlty. Uhtanec to closest church: ...._ _. borough,or unified municipality. underOR 0 Not uppli:ehlc 4/0 nom, S 0 Lo hal aninancc No..__. 0 Plana submitted 6+Fire Mnraball Ira 7uirtd for rows,E prolw>ed IwilJing,t I•remhcs to be licensed is: 8) Diagram of premises attached oo 'opuscd Wilding M hxisiing facility o Not building Transfer Application Page 1 of 3 Alcoholic Beverage control Board Transfer Liquor License 5848 E Tudor Rd (907)272-942 Anchorage,AK 99507 Fax:(907)272-9412 www.dpsstate.ak.at/abc SECTION D-LICENSEE INFORMATION 1. Does any individual,corporate officer,director,limited liability organization member,manager or partner named in this application have any direct or indirect interest hi any other alcoholic beverage business licensed in Alaska or any other state? O Yes ago If Yes,complete the following. Attach additional sheets if necessaly. Name Name of Business Type of License Business Street Address State 2. Has any Individual,corporate officer,dilutor,limited liability organization member,manager or partner named in this application been convicted of a felony,a violation of AS 04,or been convicted as a licensee or manager of licensed premises in another state of the liquor laws of that state/ C) Yes [1No If Yes,attach written explanation. SECTION E-OWNERSHIP INFORMATION-CORPORATION Corporations,LLCs,LLPs and LPs must be registered with the Dept of Community and Economic Development. Name ofE City(CapaahiodLt.C/LLP/LP)(or N/A if an individual owaashlpk. Telephone Number: Fax Number. Kodiak Rendezvous, Inc. gel- 41$7-aa33 Corporate Mailing Address: L City: State: /` Zip Code: _ 4) Ca -Lli! g '�]�'/70r f10Gi/GL.K-/ /Y/G: gen,(5 Nun0.Mailing Address and Telephooember of Registered Agent: Date of incorporation OR State of Incorporation: Catifhcation with DCED: Alaska 1/14/2002 _ is the Entity In"Good Standing with the Alaska Division of Corporations? Eats 0 No If no,attach written explanation. Your entity mast be in compliance with Title 10 of the Mesta Sautes to be a valid liquor licensee. Entity Members(Mon include President,Secretary,Treasurer.Via-President Manager and Skareholder/Mcmber with at least 10%) Name Title I :a Home Address&Telephone Number Work Telephone I Date of Binh Number rn�/ 221.411St _-- +leer/ 1/42s 1-1-a22-fe.. of I Y-5 ill i (9 0,7) 9 2 - oo;/o , —O2a33 I • NOTE:if you need additional space.please attach a separate sheet. Transfer Application Page 2 of 3 Alcoholic Co atro!BoardTr ut IIk tt LS 3848 B T)dar Rd Fe;(907)272-9612 Antis,AA 99507 ama.dp •!,took ua/abe =TIM lit–OW BIROB TTON-6Q711 IMAXPRIETOWRIIP ORIREVIDTIAL OWNIZBANOM) Im11vlmal I1earaaarf atsm atm ABC Bead ddlato m^At8l "to the CO=Ce dram atmafo 9e 'n' Boob Afllso eset ha Hued.) Nam •T8 n r /1W r)5 Appian o Name a Address: (l(0 5a w, eQ 3anof Attest A — Homo Thom (qo?) 9yrz- co DabafBbth: Hama >:searema Th WmfPhone: (Qo7) 4577• aa33 2 •/4t-59 Work Them Mum n e o Nome: Amens 0 AtaIYm CI Ate: tea. Homo Phaaa Deo�� ^ HomoPhoax Ilea° am — Wads%or Wart Homo _ Delon doa • Idedos®dm Fealty today Mal l have examined thb Wigan.inctedich Me natempaoyies Sadde actMaistenta.and to@a bed of my btrodulga e cdWhitt btea,tmedendaomplaredricheppifamfmboattov iolation afmpaeameyiab=aroMercata eat obligation • I booby a *tot tore hem Duo as d=o3ta ha°Oa a Mataboidara tin ham nal bun mated toMbAbahona&maw Carnal Boma The mdmamedmNBmmbobdfatdmcummiud - .hb messed tot oadsrepossztatke of dot b ono Ibr erecotha ofSibapp= mroaoadon Mom Baum ltd. • 1&eearcat*Mat i ism real mid muComMrvitb Mod eft Akita mat owl boremthom)sod @e7lscemadarevdtb A800.11A2q no omen Ober Mao to Bo®aa(o)Om soy toot or thaw @soda!L7r,eat Mao Baened Madam. • him to provide all Information required by the Alcoholic Bevaen Comp)Board ha spoon of this application. Santoro of Conine Licoemdd elantaa ofTrWMxa) Sliputure a Simeon r.(, -tSigmnw / .. Sloven J i e-p�,f i i GUA`�11/2.10lie Subscribed (Plead m�hefine me this nue to S eayork . 2012 e,PEE PIN��''t.. do of . �. - -•o , Notsry tp for ofAleta s` > .9 hr Notary Public is mdrm db Sate:f Moto b-25-15 'S`n•in 'OUBUG ' MP rar®vmI aapbm: vrr; %rF OF P�;Act r ea. Transfer Application Page 3 of 3 IS Or Alcoholic BeverageCanto!Board Transfer Liquor License 5848 E Tudor Rd (907)272-9412 Anchorage,AK 99507 Fax:(907)ak.usl be www.dps.sateak.tLS/ahc SECTION F—OWNERSHIP INFORMATION—SOLE PROPRIETORSHIP(INDIVIDUAL OWNER&SPOUSE) Individual License&Affillates(The ABC Board defines an"Affiliate"as the spouse or sjSoifcant other of a licensee. Each Affiliate must be listed.) Name: Applicant ❑ Name: Applicant ❑ Address: Affiliate ❑ Address: Affiliate ❑ Home Phone: nut.of Birth: Home Phone: Date of Birth: Wodc Phone: _ Work Phone: Name: Applicant ❑ Name: Applicant ❑ Address: Affiliate ❑ Address: Affiliate ❑ Home Phone: Date of Birth: — Home Phone: Dale orB Birth: Work Phone: Work Phone: Declaration • I declare under penalty of perjury that I have examined this application,including the accompanying schedules and statements,and to the best of my knowledge ard belief it is true,correct and complete,and this application is not in violation of any security interest or other contracted obligations • I hereby cat*that there have been no changes in officers or stockholders that have not been reported to the Alcoholic Beverage Control Board. The undersigned certifies on behalf of the organized entity,it is understood that a misrepresentation of fact is cause for rejection of this application or revocation of any license issued. • I further certify that I have read and em familiar with Title 4 of the Alaska statutes and its regulations,and that in accordance with AS 04.11.450, no person other than the licensee(s)has any direct or indirect financial interest in the licensed business. • I agree to provide ill information required by the Alcoholic Beverage Control Board in support of this application. Sienetu�fG4 en a)` Signature•fTmns[ene(a) Si a caress Signature - Signatu Signature re an (ice:liitlg.�+ause Print) Name&Title(Please Print) L 'Yu n3 �(c tit$>� Su ubed and sworn to before me this Sub,cdbed and sworn to betbre me this 1'c day d NO van,b 4( , at 01 y day of • -Notary Public In and for the Stab of Meier, 1f4w4N ( Notary Public in and for the State of Alaska It& C hr M commiation expires: trrii ,i 2//,�tf ,,I eanl It COS MO My commission expires; se_ nott C�rh / ca 1t Val FI!'n d ttS n rielc Aed. Transfer Application Page 3 of 3 State of Hawaii ss. County of Hawaii On this_ f day of N 0✓Cr^b14C. , `4"2" before me,Jeanette Castillo The undersigned Notary Public, personally appeared VA 1 F/t'net?Ai Personally known to me X Proved to me on the basis of satisfactory evidence To be the person(s)whose name(s)Is/are subscribed to the within instrument, and acknowledged that he/she/they executed it. Witness my hand and official seal: NOTARY •• ette ea Castillo J - PUBLIC Notary Public,State of Hawaii,Third Judicial Circuit *"^ rY y. •. ..soar Commission expires: April 11, 2614 .y. v?,‘`� Commission No: 10-91 ,,"1111",�/44# P4Mte T Doc.Daf&:_ NOTARY ...CD • Notary,Hann: lilt MOW PUBLIC = Doc.Des ]kknlfa,( Comm No. 2, L/I nom!( lAcut f{, 0.91 s Kodiak Island °rough E �C ��n�y Office of the Borough Clerk �� 710 Mill Bay Road timr s ",,T Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 MEMO TO: ,/dud Cassidy, Administrative Official Karl Short, Finance Department /Bill Roberts, Assessing Department ✓Building Official Duane Dvorak, Community Development Department L.Fire Marshall /Woody Koning, Engineering/Facilities De artment FROM: Marylynn McFarland, CMC, Deputy C DATE: May 8, 2013 SUBJECT: Liquor License Transfer of Ownership-Kodiak Rendezvous, Inc. The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of a liquor license application for transfer of ownership (controlling interest),for: From: To: License#: 2639 License#: 2639 License Type: Beverage Dispensary License Type: Beverage Dispensary D.B.A.:The Rendezvous D.B.A.: The Rendezvous Licensee/Applicant: Kodiak Rendezvous Inc. Licensee/Applicant: Kodiak Rendezvous Inc. Toni Munsey and Val Flinders Toni Munsey-Owner(100%) Location: 11652 Rezanof, Kodiak, AK 99615 Location: 11652 Rezanof, Kodiak, AK 99615 Please see the enclosed notice from ABC Board. Per KIBC 5.01.030 (A1), please indicate, with regard to your department, if the Borough has an interest which can be protected by protesting the approval of the ownership transfer. Please return the form below to the clerk's office by Friday. May 17. 2013. LIQUOR LICENSE TRANSFER OF OWNERSHIP (CONTROLLING INTEREST) FOR THE KODIAK RENDEZVOUS, INC. ➢ With regard to the Department, the Borough has NO interest, which can be protected by protesting the application for transfer. Signature: Date: ➢ With regard to the Department, the Borough HAS an interest which can be protected by protesting the application for transfer. The interest(s) to be protected are stated below: Signature: Date: - Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, June 6, 2013, the meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on State of Alaska Alcoholic Beverage Control Board liquor license application for transfer of ownership: From: To: License#: 2639 License#: 2639 License Type: Beverage Dispensary License Type: Beverage Dispensary D.B.A.: The Rendezvous D.B.A.: The Rendezvous Licensee/Applicant: Kodiak Rendezvous, Inc. Licensee/Applicant: Kodiak Rendezvous, Inc. Toni Munsey and Val Flinders Toni Munsey—Owner (100%) Location: 11652 Rezanof, Kodiak, AK 99615 Location: 11652 Rezanof, Kodiak, AK 99615 Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kodiakak.us, fax to (907) 486-9391, mail or hand deliver to the Office of the Borough Clerk by 5 p.m. on Thursday, June 6, 2013. If you have any questions, please call us at (907)486-9310. Name: Mailing Address: Comments: ANCHOR K STABLES LLC MICHAEL ANDERSON PAIGE ANDERSON ETAL 893 PANAMAROFF CREEK DR PO BOX 2997 PO BOX 29 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JUBAL BRYANT BRYON CAIN DARLENE CAIN 11410 S. RUSSIAN CREEK RD 7120 E 4TH AVE 4934 LAKESHORE DR KODIAK, AK 99615 ANCHORAGE, AK 99504 FLORENCE, OR 97439 MARK CHANDLER JASON CHANDLER ETAL ROSE COBIS 2111 SORBUS WAY P 0 BOX 1275 PO BOX 249 ANCHORAGE, AK 99508 KODIAK, AK 99615 KODIAK, AK 99615 KURT COCHRAN LEROY COSSETTE ETAL STEVEN L DEHART PO BOX 8649 PO BOX 344 123 PARKS LN KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DOUGLAS DEPLAZES ETAL HARRY DODGE ANDREW EDGERLY 569 LETA STREET 11754 S RUSSIAN CRK RD P 0 BOX 2310 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ELIZABETH F INC RONALD ELLER LARRYEVANS ETAL PO 8OX 1681 11918 GARA DR PO BOX 1412 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ERIC SCHNEIDER DUNCAN FIELDS ETAL ANDREW FINKE ETAL PO BOX 311 PO BOX 290 PO BOX 8892 KODIAK, AK 99615 SILETZ, OR 97380 KODIAK, AK 99615 LOCKE FINLEY EDWARD GONDEK ROBERT GUNDERSON BOX 136 PO BOX 1245 4 NICKERSON STREET SUITE 400 HAINES, AK 99827 DEER PARK, WA 99006 SEATTLE, WA 98109 PAUL HARDER RUSSELL HAZELETT P.O. BOX 553 11918 GARA DRIVE KODIAK, AK 99615 KODIAK, AK 99615 4 KENT HELLIGSO ETAL DOUGLAS HOEDEL INT'L SEAFOODS OF ALASKA ` 1950 CADDINGTON DR PO BOX 2875 859 PANAMAROFF CREEK RANCHO PALOS VERDES, CA KODIAK, AK 99615 CIRCLE 90275 KODIAK, AK 99615 KONIAG INC NANCY KRACKE DANE LARSEN PO BOX 634 PO BOX 2013 11410 S. RUSSIAN CREEK RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 HARRY DODGE LUKE LESTER TONI MUNSEY 11754 S RUSSIAN CRK RD PO BOX 319 PO BOX 311 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 NORTH PACIFIC SEAFOODS INC. MICHAEL OTTO STEVEN PENN PO BOX 476 1059 PANAMAROFF CREEK DR P.O. BOX 9038 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JAMES PETERSON ETAL KURT COCHRAN CHARLES PITTS PO BOX 1907 PO BOX 290 11410 S. RUSSIAN CRK RD KODIAK, AK 99615 SILETZ, OR 97380 KODIAK, AK 99615 KEVIN RIDDLE ERIC SCHNEIDER FRANK E STEARNS 522 LETA ST 2231 THREE SISTERS DR PO BOX 2923 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 NANCY KRACKE JEFFREY TRENERY TUNDRA PLUMBING & HEATING PO BOX 2013 11572 S RUSSIAN CREEK ROAD INC KODIAK, AK 99615 KODIAK, AK 99615 PO BOX 37 KODIAK, AK 99615 MICHAEL WELBORN LORNE WHITE WOODRUFF &ASSOCIATES 4300 B STREET SUITE 444 11680 S. RUSSIAN CREEK RD P.O. BOX 9016 ANCHORAGE, AK 99503 KODIAK, AK 99615 KODIAK, AK 99615 EDWARD GONDEK PAUL YATSIK Alan Juhlin PO BOX 1412 11652 WEST REZANOF 1533 Sawmill Circle KODIAK, AK 99615 KODIAK, AK 99615 Kodiak, AK 99615 LUKE LESTER P.O. BOX 553 KODIAK, AK 99615 d#**° KODIAK ISLAND BOROUGH s '\ AGENDA STATEMENT REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.A.1 TITLE: Contract No. FY2013-30 Purchase of Agenda Management Software. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ® Yes ❑ No Account Number: 295.245.450.170.13003 Amount Budgeted: $35,000 ATTACHMENTS: Contract No. FY2013-30; KIB Agenda Mgmt Software RFP APPROVAL FOR AGENDA: biz.. SUMMARY STATEMENT: Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. The Clerk's Office and IT Deparment solicited proposals from qualified individuals and/or firms to provide hardware and software for an automated process for the creation of agendas and packets for the Borough Assembly and other Boards and Commissions of the Borough; and the publication of those agendas/packets to the web and other mobile devices such as iPads. An interoffice Workflow for operational action items and tracking system was also required. Eight responses were received and evaluated; one of the eight responses was deemed as unresponsive due to the company's limited qualifications and capabilities. Borough staff attended four software demonstrations presented by the top rated responding firms: iCompass Technologies, Inc., Provox Systems, Inc., Granicus, Inc., and Carasoft Technology Corporation. After receiving the presentations, staff considered the qualifications of the firms, product features, and usability, and chose iCompass Technologies as the firm that would provide the best overall value to the Borough. Staff negotiated scope, schedule, and price with iCompass Technologies resulting in the attached contract. The initial contract term is five years for a cost of$24,500 which includes onsite training for staff. Support and maintenance for years two through five is $5,500 per year. The total cost for purchase of the software, support, and maintenance for five years is $46,500. Contract No. FY2013-30 has been reviewed by the Borough Attorney. Attached is the Agenda Management Software Request for Proposal issued by the Kodiak Island Borough in February 2013. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2013-30 with iCompass Technologies, Inc. for a five year contract for purchase, support, and maintenance for Agenda Management Software in amount not to exceed $46,500. Kodiak Island Borough Page 1 of 1 • iCOMPASS SERVICES AGREEMENT THIS SERVICES AGREEMENT (the "Agreement") is entered into as of the 24th day of May 2013 (the "Effective Date"), between (Compass Technologies Inc., a corporation with an address at Suite 300 — 150 Victoria Street, Kamloops, B.C. V2C 1Z7 ("iCompass"), and Kodiak island Borough,with an address at 710 MITI Bay Road, Kodiak, AK 99615 (the"Customer"). IN CONSIDERATION of the agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, iCompass and Customer agree as follows: 1.0 BACKGROUND (a) 'Compass has developed a number of hosted application Services (the "Services") and provides the Services to its customers to assist them in managing records, meeting, information management and workflow activities. (b) (Compass also provides Implementation,training and support in relation to the Services. (c) The parties wish to enter Into this Agreement to set forth the terms and conditions by which(Compass will provide, and the Customer will acquire the Services. 2.0 PERFORMANCE OBLIGATIONS Each of'Compass and Customer will perform their respective obligations,as specified in this Agreement. 3.0 SCHEDULES This Agreement consists of these cover pages and the following Schedules: Schedule Title A Terms and Conditions B Relationship Contacts C Services and Fees D Implementation,Storage,Training, Coaching and Support 4.0 AUTHORITY Each party confirms that it has read this Agreement and that It agrees to be bound by its terms and conditions. IN WITNESS WHEREOF (Compass and the Customer have executed this Agreement as of the Effective Date. Kodiak Island Borough by its authorized signatory: (Compass Technologies Inc.by Its authorized signatory: Name: Charles E. Cassidy,Jr. Title: Borough Manager a"'M 11.11 Date: Name: Rob Wyc riey Title: Director 4 Finance&Ce • 'rate Attested by: Administration Date: /r lczcp /(3 Name: Nova M.Javier, MMC Title: Borough Clerk - 2 - SCHEDULE A - TERMS AND CONDITIONS 1. INTERPRETATION b) acknowledges the recommended minimum system requirements; 1.1 DEFINITIONS - Capitalized terms will have the meaning ascribed thereto in Schedule A. c) will use the Services only in accordance with the normal operating procedures as advised 1.2 ORDER OF PRECEDENCE - If there is any conflict by the terms of this Agreement. with or inconsistency between the terms of this Schedule A and the terms of any other Schedule 3. FEES AND PAYMENT TERMS of this Agreement then the terms of this Schedule A will take precedence to the extent of such 3.1 The Customer will pay iCompass for the Services conflict or inconsistency. according to the Fees set out in Schedule C. 1.3 SEVERABILITY- If any provision of this Agreement 3.2 Customer will pay any amounts related to the is held to be unenforceable, then such provision Services as per payment terms detailed on the will be deleted from this Agreement and the applicable invoice. Customer acknowledges that remaining provisions will continue in full force and all iCompass invoices are payable within 30 days effect. The parties will in good faith negotiate a of receipt. mutually acceptable and enforceable substitute for the unenforceable provision, which substitute 3.3 Customer acknowledges that while it can take its will be as consistent as possible with the original time on implementation this is not a valid reason intent of the parties. for withholding payment on any invoices. Furthermore, the Customer will not withhold 1.4 CURRENCY- Unless otherwise indicated, all dollar payment on any invoices for any other reason. amounts referred to in the Agreement are in United States dollars. 3.4 All invoices will be e-mailed to the Customer's Invoicing& Payment contact noted in Schedule B, 1.5 ENTIRE AGREEMENT-With respect to the subject unless the Customer advises iCompass in writing matter hereof, this Agreement, including the otherwise. Schedules, constitute the entire agreement between the parties and supersede all prior 3.5 All sales, use or goods and services taxes, customs agreements, letters of intent, proposals, duties, withholding taxes or similar levies of any understandings and communications between the kind arising with respect to the Services are the parties,oral or written. sole responsibility of and will be paid by the Customer without deduction from the amounts 1.6 GOVERNING LAW - This Agreement will in all owing to iCompass under this Agreement. respects be governed exclusively by and construed in accordance with the laws of the 3.6 After the expiry of the initial term, iCompass State of Alaska. Venue will be in the Alaska Court reserves the right to increase the annual fees, as System in either Kodiak or Anchorage. listed in Schedule C, on an annual basis in an amount that reflects the increase, if any, in the 2. GENERAL OBLIGATIONS AND RESPONSIBILITIES cost of living for the previous year as stated in the Consumer Price Index, All Urban Consumers, 2.1 iCompass offers to provide the Services to the Anchorage, Alaska Area, All Items 1967=100 Customer, and the Customer hereby accepts such ("CPI"), as published by the United States offer, all in accordance with the terms and Department of Labor, Bureau of Labor Statistics conditions of this Agreement. for the most recent period at the time of renewal. 2.2 The Customer 4. DATA OWNERSHIP AND CUSTOMER ACCESS a) will provide iCompass access to any necessary 4.1 The Customer will upload its digital data (the equipment, materials, information, facilities, "Data") to the iCompass servers in order to make services, or accessories to assist with use of the Services. Data also includes that implementation, support, maintenance, created within the Services and stored on the training,and hosting; iCom pass servers. - 3 - 4.2 Customer acknowledges that Data uploaded 5. OWNERSHIP OF INTELLECTUAL PROPERTY AND directly to FilePro in Word format is converted to GRANT OF LICENSE HTML and stored by iCompass, and the Customer has the option to also retain the source Word 5.1 The Parties hereto acknowledge and agree that in document. The upload of Word documents to the course of providing the Services, iCompass other Services are converted to HTML, retained in may provide the Customer with access to Word format by default and stored by iCompass. intellectual property which is proprietary to Other file types uploaded to FilePro and all other iCompass (the "iCompass Intellectual Property"). Services are stored by iCompass and retained in Furthermore, during the Term in the performance their native format. of the Services, the Customer may, either solely, or jointly with iCompass,conceive of and/or make 4.3 Customer acknowledges that the file types will be inventions, improvements, and/or discoveries supported, and that certain file types are not related to the iCompass Intellectual Property(the permitted to be uploaded to the Services. "New Intellectual Property"). The Parties hereto acknowledge and agree that all rights, title and 4.4 Customer acknowledges that the use of the interest in and to the iCompass Intellectual Services is restricted to the employees of the Property and the New Intellectual Property will Customer unless the Customer has received belong to iCompass. written approval in advance from iCompass to provide other individuals with access to the 5.2 iCompass grants the Customer a non-exclusive, Services, such approval not to be withheld royalty-free licence to use the iCompass unreasonably. Intellectual Property and the New Intellectual Property during the Term (the "Licensed IP") in 4.5 The Customer acknowledges that it is solely the performance of the Services only. This license responsible for the action of any persons the shall terminate upon the expiration or earlier Customer provides access to use the Services to. termination of this Agreement for any reason whatsoever. 4.6 iCompass acknowledges and agrees that the Data shall belong to the Customer and that the 5.3 The Customer will not copy, alter, modify or Customer shall be deemed the primary custodian reproduce the Services and the Licensed IP or of the Data. documentation relating to the Services and the Licensed IP except to the extent otherwise 4.7 iCompass shall not disclose the Data to any authorized by iCompass. person or entity, except as approved by the Customer in writing or in accordance with 5.4 The Customer acknowledges that there is no applicable public disclosure legislation, in which transfer of title or ownership to the Customer of case iCompass will give the Customer advance the Services and the Licensed IP or any related written notice at least 10 business days before documentation or any modifications, updates or disclosure, or pursuant to an order of a court in new releases of the Services and the Licensed IP which case iCompass will give the Customer or any related documentation. prompt written notice. In the event a request, demand or order for disclosure of the Data is 5.5 The Customer will ensure that the Services and made other than as set out in the foregoing the Licensed IP are protected at all times from sentence, iCompass shall forthwith return the misuse, damage, destruction or any form of Data to the Customer. unauthorized use, including any use for any purpose that is unlawful or may cause iCompass 4.8 Upon the Customer's request and on payment of to violate any law or prohibition. the Fees, iCompass will provide the Customer with a copy of the Customer's Data in a readable 5.6 In addition to any other remedies available to format. iCompass under this Agreement or otherwise,any unauthorized use, alteration, modification, reproduction, publication, disclosure or transfer of the Services and the Licensed IP will entitle -4 - iCompass to any available remedy at equity and secrets, or under any patents or copyrights, law against the Customer. except as expressly provided by the license granted in this Agreement. Except as otherwise 6. CONFIDENTIAL INFORMATION provided in this Agreement, all Confidential Information is provided by the Discloser on an "as 6.1 For the purposes of this Section, the following is" basis. The obligations of Recipient with definitions shall apply: respect to any particular portion of Confidential Information shall terminate (or shall not attach) in a) "Confidential Information" means any any of the following cases: information and materials concerning: any agreements and terms between the parties; a) the Confidential Information was available to the nature and terms of the relationship the public at the time of Discloser's between the parties;and the other party's,or communication to Recipient; its suppliers or distributors, business plans, finances, customers, technology, products b) the Confidential Information was available to and/or services, Customer Intellectual the public through no fault of Recipient Property, Customer Data, iCompass subsequent to the time of Discloser's Intellectual Property and New Intellectual communication to Recipient; Property, identified as or which from the circumstances surrounding disclosure should c) the Confidential Information was in be understood by the receiving party to be Recipient's possession free of any obligation confidential and of substantial value to the of confidence at the time of Discloser's disclosing party, which value would be communication to Recipient; impaired if such information were improperly used or disclosed to third parties. d) the Confidential Information was independently developed by Recipient;or b) "Discloser" means a party disclosing Confidential Information; e) the Confidential Information's disclosure is required by law, valid subpoena, or court or c) "Recipient" means a party receiving government order, provided, however, that Confidential Information; Recipient provides prompt notice of such required disclosure and Recipient shall have 6.2 Pursuant to this Agreement, each party may,from made a reasonable effort to obtain a time to time, furnish the other party with certain protective order or other reliable assurance Confidential Information. To the maximum extent affording it confidential treatment and permitted by applicable law, Recipient will use the limiting its use solely for the purpose for same care to avoid disclosure of any Confidential which the law or order requires;or Information as it uses with its own similar confidential information which it does not wish to 6.3 Discloser understands that Recipient may develop disclose, but such standard of care shall not be information internally, or receive information less than a reasonable standard of care. To the from other parties, that may be similar to maximum extent permitted by applicable law, Discloser's information. Accordingly, nothing in Recipient shall not disclose the Confidential this Agreement shall be construed as a Information to any persons other than its representation or inference that Recipient will not directors, officers, employees, agents, independently develop products, for itself or for professional advisors or other representatives others, that compete with the products or who have a need to know the Confidential systems contemplated by Discloser's information. Information, who have been instructed that it is Confidential Information, and who are under an 6.4 Promptly upon a Party's written request, the obligation of confidentiality substantially similar other Party will deliver to the requesting Party all to the terms of this section prior to such documents and other materials in its possession disclosure. The disclosure of Discloser's or control which belong to the requesting Party or Confidential Information does not grant to the which contain, reveal, or embody any of the Recipient any license or rights to any trade Requesting Party's Protected Information,and will - 5 - destroy all other copies in its possession or e) iCompass has the right to provide the control. Services and to grant the license set out in this Agreement. 7. INSURANCE 8.2 iCompass and its suppliers disclaim all other 7.1 iCompass hereby agrees to put in effect and warranties, representations, conditions or maintain insurance for the Term, at its own cost guarantees, either express or implied, including and expense with insurers having a secure B+ but not limited to, implied warranties of rating or greater, or the equivalent, all the durability, merchantability, merchantable quality, necessary and appropriate insurance that a and fitness for a particular purpose, with regard prudent person in the business of iCompass would to the Services and the Licensed IP and the maintain including, but not limited to, the accompanying documentation. following: 9. LIMITATION OF LIABILITY a) Commercial General Liability insurance on an occurrence basis for third party bodily injury, 9.1 TO THE MAXIMUM EXTENT PERMITTED BY personal injury and property damage, to an APPLICABLE LAW, IN NO EVENT SHALL EITHER inclusive limit of not less than $5,000,000.00 PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, per occurrence, $5,000,000.00 products and INDIRECT OR CONSEQUENTIAL DAMAGES completed operations aggregate. WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS b) Errors and Omissions Liability insurance, PROFITS, BUSINESS INTERRUPTION, LOSS OF insuring liability for errors and omissions in BUSINESS INFORMATION, OR ANY OTHER the performance or failure to perform the PECUNIARY LOSS) ARISING OUT OF THE USE OF services contemplated in the Agreement in OR INABILITY TO USE THE SERVICES AND THE the amount not less than $2,000,000.00 per LICENSED IP, EVEN IF CAUSED BY THE OTHER claim and in the annual aggregate. PARTY'S NEGLIGENCE OR EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF 8. LIMITED WARRANTIES SUCH DAMAGES. 8.1 iCompass warrants and represents to the 9.2 If,for any reason, iCompass becomes liable to the Customer that: Customer or any other party for direct or any other damages for any cause whatsoever, and a) The Services and the Licensed IP will be regardless of the form of action (in contract or performed or provided in a good tort), incurred in connection with this agreement, workmanlike manner; the Services and modifications thereto, then the aggregate liability of iCompass for all damages, b) iCompass and its personnel have the injury, and liability incurred by Customer and all necessary skills and experience to perform other parties in connection with the Services and the Services in accordance with the the Licensed IP or This Agreement,shall be limited requirements and specifications of this to an amount equal to the charges associated Agreement; with the provision of Services and the Licensed IP under the agreement which gave rise to the claim c) iCompass and its personnel will perform their for damages. tasks in delivering the Services in a professional manner and will comply with all 10. INDEMNITY lawful rules and procedures required by the Customer while on the premises of the 10.1To the maximum extent permitted by applicable Customer; law, and subject to appropriation by the Kodiak Island Borough Assembly, the Customer shall d) iCompass owns the Services and Licensed IP; defend, save harmless and indemnify iCompass and, and its employees, agents and suppliers from and against any and all claims and liabilities, including reasonable legal fees, made by any third party -6 - related to or arising from any breach of the notice to iCompass at least 90 days prior to the Agreement,or any Schedules,and from use of the end of the then current term. Services and the Licensed IP by the Customer. 11.2TERMINATION - Either party may terminate this 10.2iCompass shall defend, save harmless and Agreement at its option immediately by notice in indemnify the Customer and its employees, writing if the other party is in breach of any term agents and suppliers from and against any and all of this Agreement and such breach is not claims and liabilities including reasonable legal remedied within 30 days of written notification by fees, made by any third party related to or arising the terminating party. On termination of this from: Agreement, iCompass shall ensure that all Data is erased and removed from every item of a) any action by a third party against the equipment or from products used in providing the Customer that is based on a claim that any Services and all media that it has been installed, Services and the Licensed IP, the results of downloaded or otherwise put on. any Services and the Licensed IP, or the Customer's use thereof, infringe, 11.3SURVIVAL - Expiration or earlier termination of misappropriate or violate a third party's the Agreement, in whole or in part, through any intellectual property rights,provided that; means and for any reason shall not relieve the parties of any obligation accruing prior thereto, i) the Customer gives iCompass prompt written including, but not limited to, the obligations to notice of any such claim,demand or action; pay all invoices outstanding as of the date of termination. Notwithstanding the expiration or ii) the Customer allows iCompass to control and earlier termination of the Agreement, in whole or the Customer reasonably co-operates with in part, the provisions relating to termination, iCompass in the defence of same and all confidentiality, warranty, and indemnity shall related settlement negotiations at iCompass' survive such expiration or earlier termination. sole cost and expense; 12. NON-COMPETITION iii) the infringement is not solely caused by the Customer's instructions or modifications to 12.1Customer covenants with iCompass that the Services and the Licensed IP;and Customer shall not, without the prior written consent of iCompass,at any time during the Term, iv) the Customer permits iCompass to, at or for a period of 2 years following termination, iCompass' option, provide a work-around whether directly or indirectly, whether personally solution, procure a license, substitute an or on behalf of any other person or vendor, solicit alternate product of equivalent functionality; any customers of iCompass in an effort to sell to or the iCompass customers services competitive in nature to those offered by iCompass at that time. b) any action by a third party against the Customer that is based on any negligent act 13. GENERAL or omission or wilful conduct of iCompass that results in bodily injury, sickness, disease 13.1COMMERCIAL USE - Customer acknowledges that or death, or injury or destruction to tangible this Agreement is for a commercial application property. and the Customer acquires no rights to the Licensed IP,except as set out in this Agreement. 11. TERM AND TERMINATION 13.2FORCE MAJEURE - A party is not liable under the 11.1TERM -The initial term of this Agreement shall be Agreement for non-performance caused by 5 years commencing on the Effective Date. events or conditions beyond that party's control, Customer shall have the option to extend the if the party makes reasonable efforts to perform. term of this Agreement, under the same terms This provision does not relieve either party of its and conditions as set forth in this Agreement, for obligation to make payments then owing. up to three additional one-year terms. Customer may exercise this option by providing written - 7 - 13.3WAIVER OR DELAY-Any express waiver or failure inform each other by notice hereunder. No to exercise promptly any right under the modification to the Agreement will be binding, Agreement will not create a continuing waiver or unless in writing and signed by an authorized any expectation of non-enforcement. representative of each party. 13.4ASSIGNMENT - Neither Party may assign or 13.6AGREEMENT IS BINDING - This Agreement will otherwise transfer any of its rights or obligations endure to the benefit of and be binding upon the under the Agreement without the prior written parties and their respective successors and consent of the other Party,which consent will not assigns. be unreasonably withheld. 13.7COUNTERPARTS - This Agreement may be 13.5NOTICES AND MODIFICATION-Notices under the executed in counterparts and by facsimile and e- Agreement may be delivered by hand, by mail, by mail, and when each counterpart is signed by all e-mail or by facsimile to the address specified on parties and delivered, faxed or e-mailed to the Page 1 of this Agreement, or to such other other parties, the counterparts together shall addresses as the parties may from time to time constitute one and the same Agreement. SCHEDULE B - RELATIONSHIP CONTACTS The following contacts have been assigned to this relationship: (a) Business Relationship: iCompass:Joel Neustaeter Customer: Paul VanDyke Phone: 250-851-9401 Phone: 907-486-9336 Fax: 250-851-9402 Fax: 907-486-9391 E-Mail:jneustaeter @icompasstech.com E-Mail: pvandyke @kodiakak.us (b) Implementation&Training: iCompass:Alex Richards Customer: Phone: 250-851-9401 Phone: Fax: 250-851-9402 Fax: E-Mail:arichards @icompasstech.com E-Mail: (c) Invoicing&Payment: iCompass:Rob Wycherley Customer: Phone: 250-851-9401 Phone: Fax: 250-851-9402 Fax: E-Mail: rwycherley@icompasstech.com E-Mail: (d) Special Alerts Contact(CUSTOMER): Customer: Phone: Fax: E-Mail: • - $ - SCHEDULE C - SERVICES AND FEES iCompass shall provide the following Services to the Customer for the Fees indicated: 17 Meeting Management Solution(MMS): o Year 1 Fee:$24,500 o Years 2+Fee:$5,500(Years 2-5+Fee:$5,500 each year) MMS includes the following modules: • Meeting Manager(unlimited Meeting Templates) o Agenda&Agendallotes o Minutes • Action Tracking o Meeting Tracker+Report Tracker o Output Document Capability(1 for each Tracker, if applicable) • FilePro o Up to 200 documents loaded by iCompass o FilePro Custom Banner o FilePro Connector o FilePro Enterprise Search • SharePoint Connector,Laserfiche Connector,Granicus Connector(if applicable) • Agenda SE • Additional Services o Includes 3 days of onsite training with 1 iCompass trainer o Additional onsite coaching,training,implementation is available for additional charges - 9 - SCHEDULE D - IMPLEMENTATION, STORAGE, TRAINING, COACHING & SUPPORT Implementation: • Success Nan • Configuration • #of documents uploaded by iCompass:200 • #of Meeting Types:Unlimited Storage: • Storage Allocation:Up to 5 GB of storage is included in the fees set out in this Agreement. Additional storage is automatically provided at$30/GB per year,and is calculated and payable on an annual basis. Training: • Year 1:Unlimited • Years 2+: Unlimited • Product Training can only be requested by one of 5 individuals who are registered with iCompass as Authorized Champions. • All Product Training will be provided via our MAX20 Training Program-on-line,workshop style training with an instructor leading each module—unless otherwise agreed to. Coaching Sessions: • Year 1:Unlimited • Years 2+:Unlimited • Coaching Sessions can only be requested by one of 5 individuals who are registered with iCompass as Authorized Champions. • All Coaching Sessions will be provided in 30 or 60 minute increments,on-line, and with an instructor leading the session— unless otherwise agreed to. Support: • Year 1:Unlimited • Years 2+:Unlimited • Support can only be requested by one of 5 individuals who are registered with iCompass as Authorized Champions. • Only Authorized Champions will receive support—inquiries from others within the Customer's organization will be directed to the Authorized Champions • The Customer will commit to making best efforts to embrace self-help tools and documentation as provided within the iCompass Customer Resource Center. • Support requests will be documented and e-mailed to the Authorized Champion making such requests(as well as added to the Customer Resource Center) so as to minimize similar support requests in the future. Other Notes: • License includes Unlimited Users • Regular and Major Releases are included at no additional cost • The Customer will commit to making best efforts to provide iCompass with a minimum of one week's notice of any cancellation or rescheduling of participation within Refresher Training/Coaching Sessions. • The Customer may cancel or reschedule a Coaching Session and/or participation in on-line Training twice with less than one week's notice without penalty.After the second occurrence,there will be a $200 fee charged to the Customer for each subsequent occurrence. • S ;.. ,,, ,_ . r �/ „,r, ig--I—Mir -4 '•,A, -''''''' ,` ''*-1- :, jai M i 4 . A, Kodiak Island Borough Agenda Management Software Request for Proposal February 15th, 2013 Table of Contents Introduction 1 Anticipated Schedule 1 Goal 1 Background 1 Solution & Proposal Expectations 1 Required Product Features 2 Optional Product Features 3 Technical Support 3 Pricing 3 Proposal Format 4 Letter of Transmittal 4 Selection Criteria 5 Firm Qualifications 5 Product Features 5 Technical Support 5 Pricing 5 Review of Proposals 6 Administrative Information 6 KODIAK ISLAND BOROUGH AGENDA MANAGEMENT SOFTWARE REQUEST FOR PROPOSAL (RFP) Introduction The Kodiak Island Borough is soliciting proposals from qualified individuals and/or firms to provide hardware and software for automated process for the creation of agendas and packets for the Borough Assembly and other Boards and Commissions; and the publication of those agendas and packets to the web and other mobile devices such as iPads. Inter- office Workflow for operational action items and tracking system is also required. Questions regarding this RFP may be addressed to the RFP contact, Paul VanDyke, by phone (907) 486-9336 or e-mail pvandyke @kodiakak.us. Anticipated Schedule RFP Issued February 15, 2013 Proposals Due March 15, 2013 Contract Awarded April 18, 2013 Software & Equipment Installation Anticipated Before June 30, 2013 Goal The goal of this RFP is to award a contract to one firm to install and configure agenda management software in Kodiak, Alaska. The installation will include end-user and administrative training. The installation may also include additional hardware components related to the operation of the software. Background The method currently used for creating and distributing agendas/packets for the Borough Assembly is as follows: • An e-mail is sent to staff requesting reports and agenda item documentation for the Borough Assembly agendas and agenda packets. • Items and backup documentation are submitted to the Clerk's Office either by e-mail or paper copy (we must have a signed original copy for the packet). • Packet materials are scanned or converted into PDF and placed into SharePoint folders. • Documentation is then proofed by members of the Clerk's Office, reviewed by the Borough Clerk, and then forwarded to the Borough Manager for final approval. Either the Borough Clerk or Borough Manager may return the item to the author for any changes before a final copy is submitted to the Clerk's Office for inclusion in the meeting packet. Kodiak Island Borough—Agenda Management Software RFP Page 1 of 7 • A draft meeting packet is compiled by the Clerk's Office and reviewed by the Borough Clerk and Borough Manager. • A master copy is made of the complete final agenda and packet material, and is scanned into our document repository, Laserfiche. • The complete agenda packet is converted electronically to PDF and distributed to Assembly members through DropBox where it can be accessed on the Assembly's iPads. • The PDF packet is also distributed through our website. Solution & Proposal Expectations The successful proposer shall include all software, hardware, installation and training to provide a turnkey solution that meets all terms, conditions, and specifications herein. All equipment provided must be warranted and supported by the proposer. The Borough seeks to identify the best overall solution. In addition to the primary proposal requests herein, proposers may include alternative implementation concepts in the Clarification and Alternative Solutions section of the proposal. The proposer selected shall provide a representative to act as the project point of contact during the implementation of the solution: installation, configuration, and training. Required Product Features — Provide information on the minimum feature requirements for the software solution that are listed below. If these are not met, the proposal may be considered invalid and the software solution may not be evaluated. The Borough is requesting the provision of services in the following areas: 1. Pre-Meeting: ✓ Create an electronic version of the agenda and packet items utilizing information gathered and organized in the document management workflow or case scheduling; ✓ Create or add additions to the agenda; and ✓ Create and publish the meeting packets in multiple formats. 2. During the Meeting: ✓ Capture changes made to documents during the meeting; o Provide the ability to create action item workflows from actions taken. 3. Post Meeting: ✓ Retrieve information based on a specific agenda item, document content, or other searchable functions; ✓ Publish the agenda and meeting items to the web and other mobile devices such as iPads in an easily searchable format; and ✓ Generate workflow items from actions taken by the Assembly during the meeting. Kodiak Island Borough—Agenda Management Software RFP Page 2 of 7 Optional Product Features — Provide information on the optional hardware and software components listed below. 1. Integration Services: ✓ Integrate documents, metadata, and information with the existing Laserfiche repository into the agenda management software; ✓ Integrate output from the agenda management software into a records management software package;and ✓ Provide audio/video integration into the agenda management software for meeting information tracking. 2. Additional Features: ✓ Record the attendance, votes, and motions of meetings. Technical Support— Provide information on how the solution is supported for installation, training, and technical support during the life of the proposed solution. Provide business hours of telephone support. Please include information on software upgrade and update cycles. Pricing — For the Required Product Features, provide detailed pricing on the base package, including per user/seat licensing costs, additional software requirements, required hardware, installation, and training (end user and administration). Additional hardware or software required for the implementation should be noted and estimated pricing should be provided. Provide pricing for travel expenses for installation and training. Define the solution warranty period and provide annual maintenance costs for 5 years, thereafter. The budget for this project is $35,000. For the Optional Product Features, provide complete pricing information on each optional component individually, including component cost, on-site installation, hardware warranty, hardware support, and solution maintenance. Travel costs should be listed separately. If the cost for the optional features is included in the base package without additional cost, it should be noted. Kodiak Island Borough—Agenda Management Software RFP Page 3 of 7 Proposal Format Submit ONE ELECTRONIC COPY of the proposal in Adobe PDF format. Printed copies will not be accepted. Submit proposals to: Borough Manager 710 Mill Bay Road Room 125 Kodiak, Alaska 99615 Telephone: 907-486-9301 Email address: proposals @kodiakak.us Proposals should be a single PDF document file, organized according to the following outline: 1. Letter of Transmittal: A letter of transmittal shall include the following: a. The proposing firm's name and address. b. Statement that indicates the proposal is valid for at least 90 days from the proposal submission deadline. c. Statement that indicates the proposer's willingness to perform the services described in this RFP. d. Statement that all staff and other resources that are required to perform the services described in this RFP will be made available by your organization over the life of the anticipated contract. e. Statement of conflict of interest and restrictions - Provide a statement that no conflicts of interest exist, or that if there are potential conflicts, they were declared in writing to the Kodiak Island Borough, and that the Kodiak Island Borough found that either no conflict existed, the conflict was not significant or the conflict could be mitigated. If applicable, attach a copy of any response from the Borough. f. Proposer's single point of contact: name, telephone number, and email address g. Name of the principal of the firm who will be responsible for binding the firm to the provisions of a negotiated agreement. h. Statement that the signatory has authority to bind the proposer. i. Signature of authorized individual. 2. Table of Contents 3. Firm Qualifications - statement of qualifications and a concise narrative, which describe the firm's financial strength and lists customer references. 4. Product Features - Required 5. Product Features - Optional 6. Technical Support 7. Pricing 8. Clarification and Alternative Solutions 9. Attachments Kodiak Island Borough—Agenda Management Software RFP Page 4 of 7 Selection Criteria The Borough will consider the quality of the proposal based on firm qualifications, product features, technical support, and pricing. Any final analysis does not imply that one firm is superior to another, but simply, that, in the Borough's judgment, the firm selected appears to offer the best overall solution for the Borough's current and anticipated needs. Submittal of a proposal authorizes the Borough to investigate, without limitation, the background and current performance of your company and your present staff. The Borough may schedule interviews to further evaluate the proposing firms. Discovery of any material misstatement of fact may lead to disqualification of a proposal or to cancellation of any resulting contract. The Borough reserves the sole right to determine whether goods and/or services offered are acceptable for our use. Proposals will be evaluated in relation to all aspects of this request, including proposer's responsiveness to this RFP; our perception of proposer's understanding of our stated needs and ability to provide quality assurance as evidenced by the proposal; and by optional interviews with proposer's staff; the ability of proposer to provide reliable and timely maintenance and support services; and evaluation of cost in relationship to the foregoing criteria. More specifically, proposals will be evaluated and scored based on the criteria listed below. 1. Firm Qualifications 20 Points This section will evaluate your firm's qualifications to provide a solution and support in our environment, located in Kodiak, Alaska. Information found in the Letter of Transmittal will also be considered. 2. Product Features 30 Points This section will evaluate how your software meets the Required Product Features listed in the Solution & Proposal Expectations section of this Request for Proposal. Additional hardware or software required to implement your solution will be evaluated in this section. 3. Technical Support 20 Points This section will evaluate the plan for providing technical support for the solution proposed. This includes on-site installation, training, remote meetings, and phone support during the life of the proposed solutions. 4. Pricing 30 Points Pricing will be evaluated based on the base solution and optional components in the proposal. Kodiak Island Borough—Agenda Management Software RFP Page 5 of 7 Review of Proposals Evaluation Process: An evaluation committee will evaluate responsive proposals. Each proposal will be independently evaluated by each member of the evaluation committee. The evaluation committee will select the firm(s) that provides the best overall value to the Kodiak Island Borough. Interviews: At the Borough's option, the selection committee may request interviews from a short list of proposers. Proposers will be notified in writing of the interview requirements, date, time, location, and amount of time allowed for an interview/presentation and question and answer period. Contract Negotiations: The evaluation committee will forward selected proposal and recommendations for contract negotiations to the Borough Manager. The Borough will negotiate a fee proposal with the top ranked firm. Should the parties be unable to reach agreement on an appropriate contract, the Borough, at its option, may terminate negotiations with the top ranked firm and enter into fee negotiations with the second ranked firm. After the contract negotiations, the Borough Manager will forward the negotiated contract with recommendations to the Borough Assembly for contract approval. Administrative Information 1. RFP Contact Person: Any request for information or questions regarding this RFP should be addressed and delivered to: Paul VanDyke, IT Supervisor 710 Mill Bay Road, Room 230 Kodiak, Alaska 99615 Phone: (907) 486-9336 Email: pvandyke(a)kodiakak.us Borough website: http://www.kodiakak.us/ 2. Deadline for Receipt of Proposals: Proposals may be mailed, emailed, or hand delivered. Proposals must be received by the Kodiak Island Borough no later than 3 p.m., prevailing time (AK), March 15, 2013. Proposals received after the above proposal submission deadline will not be considered and will be returned. Faxed proposals are not acceptable. Mailed or hand delivered proposals: The electronic copy of the proposal can be submitted on CD or portable USB drive. Either the outer or inner envelope should contain the following: "Confidential:Do not open until 3 p.m. March 15, 2013 Proposal for: Agenda Management Software" Emailed proposals: The electronic copy of the proposal should be attached to the email. The email subject line should contain the following: "Confidential Proposal: Agenda Management Software" Kodiak Island Borough—Agenda Management Software RFP Page 6 of 7 3. Proposer's Review and Substantive Questions: Proposers should carefully review this RFP for errors and items requiring clarification. Proposers shall put these comments and/or questions in writing and submit them to the contact person noted above; faxed questions are not acceptable. Questions must be submitted no later than Thursday, March 7, 2013, five working days before the due date of proposals. This will allow time for an addendum to the RFP to be issued on the Borough website, if required. 4. Addendum to the RFP: The Kodiak Island Borough reserves the right to issue written addendums to revise or clarify the RFP, respond to questions, and/or extend the due date of proposals. Addendums will be available on the Borough website. If you wish to be notified of RFP addendums, contact the RFP contact. 5. Cancellation of the RFP: The Kodiak Island Borough retains the right to cancel the RFP process if it is in the Borough's best interest. The Kodiak Island Borough shall not be responsible for costs incurred by proposers for proposal preparation. 6. Proposal Withdrawal and Correction: A proposal may be corrected or withdrawn by a written request mailed or emailed to Borough Manager's Office. The request must be received prior to the deadline for receipt of proposals. 7. Disclosure of Proposal Contents: All proposals become part of the public record after the contract has been awarded and no part of any proposal may be confidential. 8. Retention of Proposals: All proposals and other material submitted become the Kodiak Island Borough's property. 9. Cost of Proposal Preparation: Any and all costs incurred by proposers in preparing and submitting a proposal are the proposer's responsibility and shall not be charged to the Kodiak Island Borough or reflected as an expense in the resulting contract. 10. Delivery of Proposals: The Kodiak Island Borough assumes no responsibility or liability for the transmission, delay, or delivery of proposals by either electronic, public or private carriers. Delivery of the Proposal may be confirmed by contacting the Borough Manager's Office. 11. Electronic Proposals: The Kodiak Island Borough assumes no responsibility or liability for errors or omissions when printing or viewing the electronic version of the proposal. Errors with the PDF file may lead to disqualification of a proposal. 12. Media Announcements: Any and all media announcements pertaining to this RFP require the Kodiak Island Borough Manager's prior written approval. 13. Binding Contract: This RFP does not obligate the Kodiak Island Borough or the selected proposer until a contract is approved by the Borough Assembly and signed by both parties. Kodiak Island Borough—Agenda Management Software RFP Page 7 of 7 , :"ts-NctAs KODIAK ISLAND BOROUGH .3 I AGENDA STATEMENT lir REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.A.2 TITLE: Contract No. FY2013-31 Larsen Bay School Roof Replacement Project. ORIGINATOR: Projects Manager FISCAL IMPACT: ® Yes $498,500.00 or ❑ No Funds Available ® Yes ❑ No Account Number: 469-614 452.150 12007.5 Amount Budgeted: 598,200.00 ATTACHMENTS: Construction Agreement, Bid Tabulation 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. Approval of this contract is contingent on Assembly approval of the project budget contained in Ordinance No. FY013-01 C. This contract is for the Larsen Bay School Roof Replacement project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The Construction Documents, Bid Documents and associated Addenda are available for review. The work includes replacing the roof membrane at Larsen Bay School. The roof is failing badly and any continued neglect will result in considerable damage to the school interior. KIBSD staff has requested that this project be a priority to be completed this summer. An invitation to bid was issued on March 29, 2013, and bids were opened on April 19, 2013. Five bids were received and staff has determined that RPR, Inc. dba Rain Proof Roofing of Anchorage, Alaska was the lowest responsible/responsive bidder. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2013-31 with RPR, Inc. dba Rain Proof Roofing of Anchorage, Alaska for the Larsen Bay School Roof Replacement in an Amount Not to Exceed $498,500.00. Kodiak Island Borough Page 1 of 1 KODIAK ISLAND BOROUGH,ALASKA CONSTRUCTION CONTRACT Larsen Bay School Roof Replacement#12007 PROJECT NAME AND NUMBER This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and RPR Inc. dba Rain Proof Roofmg Company Name 2201 East 84g`Court,Anchorage,AK 99507 Company Address(Street or PO Box, City, State, Zip) a/an ❑ Individual (Partnership ❑Joint Venture ❑Sole Proprietorship ® Corporation incorporated under the laws of the State of Alaska, its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by.the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above-referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed Four Hundred Ninety Eight Thousand Five Hundred dollars ($498,500.00)for all base items and additive items. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: August 15, 2013 or within n/a calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any Kodiak Island Borough Construction Contract Page 1 of 3 \\dove\Oepadrnents\EP\OldlCapital ProjectslBond Issue\Projects\Larsen Bay Roof\Contracts\Rain Proof Roofing Construction Contractdoc money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover as specified in Article 11, Supplemental General Conditions 2.6 One Hundred dollars ($ 100 ) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of$ 498,500 Payment Bond, and $ 498,500 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Charles E. Cassidy, Jr. or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (I) — ; (2) Kodiak Island Borough Construction Contract Page 2of 3 \\dove\Departments\EF\Old\Capital Projects\Bond Issue\Projects\Larsen Bay Roof\Contracts\Rain Proof Roofing Construction Contract.doc IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CON t'RACTOR f2Pr, I . dba R.'i Proof Roe g Company Name' / Signature r.Authorized Company Representative Patrick Reilly - President Typed Name and Title — 22 " ° f 3 Date KODIAK ISLAND BOROUGH Signature of Borough Manager Charles E. Cassidy,Jr. Typed Name Date Borough Clerk (ATTEST) Kodiak Island Borough Construction Contract Page 3of 3 \\dove\Departments\EFlOId\CapItal ProJects\Bond Issue\Projects\Larsen Bay Roof\Contracts\Rain Proof Roofing Construction Contract.doc Rain Proof Roofing Wolverine Supply,Inc. DeyNight Construction 'earhart roofing company Inc. CannMark Project: Larsen Bay Roof Replacement John Birchfield Ashlee Stetson Solomon Crownover frank earhart Jason Adkins Bid Open Date: 04.19.2013 3:02 PM Irchfield@ralnproofroofing.co ashlee(gsyslakcom Mconstructlonsolomonegma Inforearhertroofing.com jason.edklnsecentlmark.com (907)3445545 907-367-2023 (907)345-5555 I 907-346-6555 (Description Total Cost Total Cost Total Cost Total Cost Total Cost Base Bid 1 (Base Bid for roof replacement 490500.00 517.00000 513,00000 625.00000 709,517.00 Base Bid Cost Total 498,500.00 517,000.00 513,000.00 625,000.00 709,517.00 Alternate 1 1 (Fastener Alternate 23,500.00 22,000,00 70,00000 50,000,00 724.87100 Alternate 1 Cost Total I 23,600.00 22,000.00 70,000.00 60,000.00 724,871.00 Summary Base Bid Total 498.500.04 517.000.001({ 513 000.04 625.000.04 709.517.001 t KODIAK ISLAND BOROUGH 4 AGENDA STATEMENT D REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.A.3 TITLE: Contract No. FY2013-32 Karluk School Oil Tank Removal and Replacement. ORIGINATOR: Projects Manager FISCAL IMPACT: ® Yes $289,000 or ❑ No Funds Available ® Yes ❑ No Account Number: 469-614 452.150 Amount Budgeted: 423,322 11009.5A.A ATTACHMENTS: Contract No. FY2013-32 Construction Agreement, Bid Tabulation APPROVAL FOR AGENDA: d SUMMARY STATEMENT: Kodiak Island Borough Code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. Approval of this contract is contingent on Assembly approval of the project budget contained in Ordinance No. FY013-01 C. This contract is for the Karluk School Oil Tank Replacement project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The Construction Documents, Bid Documents and associated Addenda are available for review. The work includes decommissioning four (4) existing underground oil tanks and installing one (1) new aboveground oil tank to provide heating fuel for Karluk School. The Alaska Department of Environmental Consveration and the Environmental Protection Agency have mandated that this work be completed no later than September 30, 2013. An invitation to bid was issued on March 28, 2013, and bids were opened on April 25, 2013. Four bids were received and staff has determined that Red Hook Construction, LLC of Kodiak, Alaska was the lowest responsible/responsive bidder. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2013-32 with Red Hook Construction, LLC of Kodiak, Alaska for the Karluk School Oil Tank Removal and Replacement in an Amount Not to Exceed $289,000. Kodiak Island Borough Page 1 of 1 KODIAK ISLAND BOROUGH.ALASKA CONSTRUCTION CONTRACT Kur1uk Scb*o| ��i) Tank H | �& Replacement #l /UOY -- -- � �� PROJECT NAME AND NUMBER ---- - This CONTRACT ('coo|rou,,)` between the Kodiak Island Borough, Alaska. herein called the Borough. acting by and through its Borough Manacr. and Red hook Con snuetion. I IC Company Name U^0 Box-Si| Kodiak. AK-99815_ --- --_-___- -._- ----. Company Add ress (Street or P0 Bos, City, State, Zip) Individual 'Partnership |-7|oin| VenaorcX Sole P ic/o,ship7ICoqpur*\iooincorpwru'od under the laws olihe State of Alaska. its successors and assiens. herein called the Contractor. is efThctive the date of'the signawre of the l3omugh Mu nager on di s docun cut. The Contractor. for and in consideration of the payment or payments herein specified and agreed to by the Borough. hereby coycnants and agrecs to furnish and deliver all the materials and to do and perform all the work and labor required in the-et-Instruction of the above-rolerenced project as hid by the ContraCtor, which hid and prices named together snh the Contract Oncuments (as hereinafter dedned) ire math an of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or lurniShed by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered hy this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Bomugh he liable or any materials furnished or used, or for nov work or labor done, unless thc moerials, work, or labor are required by ihe Contract or on written order furnished by the Borough. Any such work or materials which may he clone or furnished by the Contractor without written order first being given shall he at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation |"r work 9,materials clone oril,rvlshod without.such written order. Payment under this Contradt shall not exceed Jyo Hundred Eighty Nine Thotisaud dollars(S289.000.00) fOr all base items and additive items, The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and |abhrdhd| tm done and pwfMnvod` io every respect. x` the :mds[mu(iou *f|�Uc Borough. noo, before: Atigust 15.201:i or Within ub: calendar days following the date n[notice w proceed. |tiwexpressly understood and adreed that in case of the failure on the part of the Contractor. for any reason, except with the written consent of the Borough, to complete the furnishing itnd delivery of imagrials and the doing and performance ol' the wOrk before the aforesaid date, the Borough ThaM have the right to deduct from any Kodiak Island Borough Construction Contract Page of 3 xw"vaoo m*capaatpi-e)uo«s"oomsuo‘proiaetm»w^mwmeuSTRamovm-nwn/npyyarl*xu8?\GmorymueoyHncWGuoHook tnnstruu/nocmma=.do* money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover as specified in Article 1.I, Supplemental General Conditions 2:6 Pive-Ilundred dollars {S 500 ) per day for each calendar day elapsing between the time stipolated for the completion and-the actual time of completion in accordance with the terms hereof; such deduction to be made, or sum to he recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which roust delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified ihr the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on Which the extended period expirt:t. 'Che bonds g vco by the Contractor in the sum of$-_ 2&. 000 Payment Bond, and S 289.000 Performance Pond, to secure the .proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration,of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by my regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of thy;: Contract, Contracting (7tfieer means Charles L. Cassidy, Jr. or any other person designated by the Borough Manager, The Contractor is an independent contractor and not an employee or agent of the E;orotteh. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Sitpj lemmniary Conditions, and the following listed documents: (I) , t2f .. Kodiak Island Borough Construction Contract Page 2of 3 itdovevoepanman;strrto:atCapllat PrclectatOin d IsatteTrolectatdslane Wide UST Remove-Replacea(artuk US P,Cant acs\Red Hook,Red Hook t!onsoucuon Conu,ri aac IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and CU ud iii OTIS. CON'TRACTOlt Red Hook Construction, LLC Company Nre 7/, signatur of Authorized Comptany Representative Dayton Wandersee, owner Typed Name and Title May 17, 2013. Dare KOl)IAK ISLAND BOROUGUI Signature of Borough Manager Charles E. Cassidkc Jr. Typed Name Date Borough Clerk (ArrEsT) Kodiak Island Borough Construction Contract Page 3of 3 k uneViepairpern i-Yjkl1C a pilaf ProjedsViond issue!P■orecZrt\15.1and We UST FO=rnove-RepiaceVarlok USIIContracts%Red HooktRed Hook C.cnstrucdon GootnCt ax I Red Hook Construction LLC Pinnacle Construction,In.c Alaska Fuel Systems Inc ridge contracting Project: Karluk School Tank Replacement DAYTON WANDERSEE James Cazort Lance Leonard Cory Smith Bid Open Date: 04.25.2013 3:04 PM REDHOOK@ALASKA.NET James @PinnacIeAK com lance @alaskafuelsystems.con cory@ridgecontracting.org 9074812751 907-522-0041 907-345-4896 (Description Total Cost Total Cost Total Cost, Total Cost Base Bid 01 (Base bid 289,000.00 294,950.00 382,450.00 364,000.00_ Base Bid Cost Total 289,000.00 294,950.00 382,450.00 364,000.00 Alternate 1 . Delete the service road extension and the gravel tan 0.00 -4,600.00 -40,000.00 20,000.00 base and change tank support Alternate Cost Total 0.00_ -4,600.00_ -40,000.00 20,000.00 KODIAK ISLAND BOROUGH , r , _ y AGENDA STATEMENT REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2011-08C Amending the Composition of the Project Advisory Committee (PAC). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2011-08C APPROVAL FOR AGENDA: • SUMMARY STATEMENT: The Borough has hired a consultant to work with the community and the Planning and Zoning Commission to update portions of Borough Code that regulate land division (Subdivision), land regulation (Zoning), and Borough owned property (Borough Real Property). As part of the review, the consultants recommended that there be a committee made up of Kodiak residents who represent a broad cross-section of the community who are familiar with local regulations affecting public and private lands. The committee, known as the Project Advisory Committee (PAC) has met more than a dozen times in review the draft codes produced by the code revision process. Now that they need to conclude their work it appears that the loss of participating members may not allow the committee to make a quorum. At this stage of the process, it is recommended that the PAC membership be amended one last time so that the core of the remaining members most familiar with the draft codes can complete their charge. Unfortunately, the last time this issue was considered in May 2013, a member who had substantially participated in the process was unintentionally dropped and another member who had not participated was reappointed to the PAC. This amended resolution will correct this oversight. RECOMMENDED MOTION: Move to adopt Resolution No. FY2011-08C. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Borough Manager 3 Drafted by: CDD/Acting Director 4 Introduced: 06/06/2013 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2011-08C 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 AMENDING THE COMPOSITION OF THE 12 PROJECT ADVISORY COMMITTEE (PAC) 13 14 WHEREAS, on October 21, 2010, Resolution No. FY2011-08 was approved and formed 15 the Project Advisory Committee (PAC) which was intended to provide the Planning and 16 Zoning Commission and Assembly with recommendations on suggested changes to the 17 KIBC Titles 16, Subdivision, 17 Zoning, and 18 Borough Real Property; and 18 19 WHEREAS, on October 6, 2011, Resolution No. FY2011-08A was approved and amended 20 the membership of the PAC to recognize the loss of several appointed members in order to 21 ensure that the remaining 10 members that formed the core of the PAC could more easily 22 obtain a quorum and transact public meetings; and 23 24 WHEREAS, on May 16, 2013, Resolution No. FY2011-08B was approved and amended 25 the membership of the PAC to recognize the loss of several appointed members in order to 26 ensure that the six remaining members that formed the core of the PAC could more easily 27 obtain a quorum and transact public meetings. Unfortunately, one of the members listed on 28 the resolution is not a member who has participated and one member who has participated 29 substantially was unintentionally dropped from the final resolution, and 30 31 WHEREAS, the PAC has lost several active core members since the adoption of 32 Resolution No. FY2011-08A, and it is necessary to further adjust the membership roster in 33 order that the remaining members can reasonable make a quorum in order to complete their 34 charge and pass the draft codes up to the Planning and Zoning Commission and Assembly 35 to consider; and 36 37 WHEREAS, this amendment recommends the reduction of the number of community 38 members to five regular members, one Planning and Zoning Commissioner, and one 39 Assembly member who will serve as an ex-officio member of the committee. 40 41 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH that the formation of a Project Advisory Committee (PAC) is hereby amended as 43 follows: VOTING MEMBERS: 1. Dan Rohrer 4. Oliver Holm 2. Ted Panamariof 5. Andy Schroeder 3. Mark Anderson 6. P&Z Representative Alan Torres Assembly Representative Louise Stutes (Ex-Officio, Non-Voting Member) 44 Kodiak Island Borough, Alaska Resolution No. FY2011-08C Page 1 of 2 45 46 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 47 THIS DAY OF , 2013 48 49 50 KODIAK ISLAND BOROUGH 51 52 53 54 ATTEST: Jerome M. Selby, Borough Mayor 55 56 57 58 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2011-08C Page 2 of 2 .t, - v KODIAK ISLAND BOROUGH : ;- AGENDA STATEMENT REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.B.2 TITLE: Resolution No. FY2013-32 A Joint Resolution of the Kodiak Island Borough and Kodiak City Council Documenting the Kodiak Fisheries Work Group's (KFWG) Scope and Authority. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013-32 APPROVAL FOR AGENDA:1,i/ SUMMARY STATEMENT: At the Assembly/City Council joint work session of September 4, 2012, the Kodiak Fisheries Work Group (KFWG) representatives and the Fisheries Analyst Consultant Denby Lloyd presented the conditions of the overall approach. It was recommended to both governing bodies to adopt a joint resolution supporting the efforts of the overall approach established by the KFWG. Resolution No. FY2013-09, a joint resolution of the Kodiak Island Borough Assembly and the Kodiak City Council supported the overall approach to fishery issues by forming the KFWG. Resolution No. FY2012-32, a joint resolution of the Kodiak Island Borough Assembly and the Kodiak City Council, documents the KFWG's scope and authority. This resolution specifically addresses the membership, the organization, and purpose, along with administrative assistance, consensus, agenda, meeting notes/summary, and reporting guidelines. This scope of authority was reviewed and approved at the KFWG meeting on May 28, 2013, and submitted to the Joint City/Borough work session on May 28, 2013. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013-32. Kodiak Island Borough Page 1 of 1 1 Introduced by: Kodiak Fisheries Work Group 2 Requested by: Borough Assembly/City Council 3 Drafted by: Kodiak Fisheries Work Group Introduced on: 06/06/2013 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2013-32 9 10 A JOINT RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AND 11 KODIAK CITY COUNCIL DOCUMENTING THE KODIAK FISHERIES WORK GROUP'S 12 SCOPE AND AUTHORITY 13 14 WHEREAS, it is in Kodiak's best interests for its Borough and City governments to be 15 well informed regarding the potential impacts of State and Federal fishery management 16 actions on the Kodiak community; and 17 18 WHEREAS, the Kodiak Island Borough Assembly and the City Council have determined 19 that a Kodiak Fisheries Work Group can provide valuable assistance to the Borough 20 Assembly and City Council by identifying fishery management actions that could affect 21 Kodiak; and 22 23 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH THAT this resolution hereby creates the Kodiak Fisheries Work Group; and 25 26 BE IT FURTHER RESOLVED THAT: 27 28 1. Membership. The Kodiak Fisheries Work Group (work group) shall be composed of 29 three representatives from the Kodiak Island Borough and three representatives from 30 the Kodiak City Council. 31 32 2. Organization. The work group shall designate two co-chairs at the first meeting of the 33 calendar year and shall hold at least one meeting monthly. The co-chairs shall 34 alternate presiding the meetings. The borough manager, city manager, and the 35 fisheries analyst shall serve as ex-officio, non-voting members of the work group. 36 37 3. Purpose, Scope, and Authority. 38 a. Focus on overall impacts to the community and maintenance and growth of 39 revenue streams. 40 b. Understand how various approaches will fundamentally impact fisheries and 41 resources. 42 c. Frame benchmarks and objectives as positive statements. 43 d. Refrain from taking positions on allocation questions to the extent possible while 44 understanding that many issues and decisions will have allocation implications. 45 e. Focus on broad-scale program features unless specific program elements threaten 46 the goals for management programs as referenced within Resolution No. 2012-31 47 of the City of Kodiak. 48 f. Kodiak Fisheries Work Group will review the Kodiak Fisheries Analyst/Consultant 49 written quarterly reports including background materials and analysis for fisheries 50 issues of importance to the community pursuant to the contractual report schedule. Kodiak Island Borough/City of Kodiak, Alaska Resolution No. FY2013-32 Page 1 of 2 51 4. Administrative assistance. The Borough and City Clerk's office staff shall: 52 a. Furnish the work group with copies of all requested documents and other 53 information necessary or reasonably related to the work group's functions; 54 b. Provide the work group with such supplies, meeting space, and secretarial 55 assistance; 56 c. Refer to the work group, for their discussion, all nonemergency matters within the 57 scope of its powers and duties prior to presenting those matters to the assembly for 58 action; and 59 d. Transmit all recommendations and other communications from the work group to 60 the Assembly and Council. 61 62 5. Consensus. The affirmative votes of four (4) work group members shall be required to 63 build consensus of the work group. Consensus shall be given at a public meeting of the 64 work group. 65 66 6. Agenda. The co-chairs and the fisheries analyst shall determine items for the agenda. 67 No business may be transacted nor is any measure considered that is not on the 68 agenda. The clerk shall prepare an agenda and it shall be distributed to work group 69 members, along with the meeting packet, one week prior to the regular meeting. 70 71 7. Meeting Notes/Summary. Bulleted notes shall be taken and shall be filed as a part of 72 the meeting packet. 73 74 8. Reporting. Work group members who are unable to attend a meeting shall advise the 75 staff clerk of the contemplated absence to maximize attendance and participation of 76 members at these meetings. 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS DAY OF 2013 80 81 82 KODIAK ISLAND BOROUGH 83 84 85 86 87 Jerome M. Selby, Borough Mayor 88 89 ATTEST: 90 91 92 93 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough/City of Kodiak, Alaska Resolution No. FY2013-32 Page 2 of 2 °,Q¢ ° KODIAK ISLAND BOROUGH g>j;it 4 M AGENDA STATEMENT REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2013-17 Approving a Rezone of a 3.92 Acre Portion of Tract 6, US. Survey 5509, Port Lions Subdivision, from RR2-Rural Residential Two to PL- Public Use Land. (Case 13-023, City of Port Lions). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Planning and Zoning Packet, Minutes, and Results Letter APPROVAL FOR AGENDA: /�(it • SUMMARY STATEMENT: The City of Port Lions plans to develop a Sewage Sludge Lagoon adjacent to the existing land fill site. The Alaska Native Tribal Health Consortium is providing the design and construction of the facility on city owned land. This will improve the health, safetly and general welfare of the community while moving the community into compliance with ADEC regulations. The Commission held a public hearing on May 15, 2013 on this request and found the request s consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. Staff recommends that the Assembly approve this request. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013-17 in first reading to advance to public hearing at the next meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: P&Z Commission Drafted by: Community Development 1 Introduced: 06/06/2013 Public Hearing: 2 Adopted: 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2013-17 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REZONING A 3.92 ACRE PORTION OF TRACT 6, USS 5509 PORT LIONS 10 SUBDIVISION, AS IT MAY BE FIXED BY SURVEY AT THE CONCLUSION OF NEW 11 CONSTRUCTION IMPROVEMENTS, FROM RR2-RURAL RESIDENTIAL TWO TO 12 PL-PUBLIC USE LAND ZONING DISTRICT 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone a 15 Portion of Tract 6, USS 5509, Port Lions Subdivision which is or will be about 3.92 acres 16 in area, and 17 18 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 19 Commission considered the merits of the rezone request; and 20 21 WHEREAS, the Commission voted to recommend to the Borough Assembly that these 22 lots be rezoned, finding that the public necessity, convenience and general welfare and 23 good zoning practice would be enhanced by such action; and 24 25 WHEREAS, the Commission hereby recommends that this rezone request be 26 reviewed and approved by the Borough Assembly. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK 29 ISLAND BOROUGH THAT: 30 31 Section 1: This ordinance is not of a general and permanent nature and shall not 32 become a part of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: A Portion of Tract 6, USS 5509, as may be fixed by survey at the 35 conclusion of the planned construction improvements, is hereby rezoned 36 from RR2-Rural Residential Two to PL-Public Use Land. 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 39 Commission are hereby confirmed as follows: 40 41 42 17.205.020 A. Findings as the Need and Justification for a Change or 43 Amendment. 44 45 The City of Port Lions needs to develop a sewage sludge lagoon in order to comply with 46 ADEC requirements. The Alaska Native Tribal Health Consortium is providing design 47 and construction for the proposed facility and the City of Port Lions is providing the land 48 for the facility. The proposed sewage sludge lagoon will be located adjacent to the 49 existing community landfill which appears to be the most appropriate location for the 50 community which must balance transport distances and availability of land suitable for 51 the purpose. 52 Kodiak Island Borough, Alaska Ordinance No. FY2013-17 Page 1 of 2 53 17.72.020 B. Findings as to the Effect a Change or Amendment would 54 have on the Objectives of the Comprehensive Plan. 55 56 The 2008 Kodiak Island Borough Comprehensive Plan Update and the 1997 Port Lions 57 Comprehensive Community Plan both indicate this area should be developed for 58 residential purposes. This site is located adjacent to the existing solid waste landfill 59 which is designated for Public Use so that in this context the rezone appears to be 60 logical expansion of this designated site for a closely related land use. The overall 61 pattern of the plan map is not substantially altered as a result of this change. It should 62 also be noted that although the surrounding site has historically been designated for 63 residential use, this area has in fact served a needed buffer area around these 64 industrial/utility land uses. 65 66 67 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 68 THIS DAY OF 2013 69 70 71 KODIAK ISLAND BOROUGH 72 73 74 75 Jerome M. Selby, Borough Mayor 76 77 ATTEST: 78 79 80 81 Nova M. Javier, MMC, Borough Clerk 82 83 Kodiak Island Borough, Alaska Ordinance No. FY2013-17 Page 2 of 2 :� Koditlk Isinid it orough ,, rXiir 4 7(O�> Community Development Department r , Mill Bay Road ( H Kodiak, Alaska 99615 � Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us iwist May 17, 2013 Ms. Kathryn Adkins, City Clerk City of Port Lions PO Box 110 Port Lions, AK 99550 Re: Case 13-023. Request a rezone, per KIBC 17.205.030 B to rezone a Portion of Tract 6, United States Survey 5509, Port Lions from Rural Residential Two Zoning District to PL-Public Use Zoning District, and, A site plan review for the construction of a sewage lagoon on same said parcel, according to KIBC 17.30.020 P. Dear Ms. Adkins: The Kodiak Island Borough Planning &Zoning Commission at their meeting on May 15, 2013 moved to forward the request cited above, recommending approval, to the Borough Assembly. The commission also moved to grant approval, according to KIBC 17.130.020.P (Site Plan Review — Utility Installation) for a conceptual site plan on a Portion of U.S. Survey 5509, Port Lions Subdivision First Addition, to allow a proposed sewage sludge lagoon as described in the application materials submitted for this case, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated May 3, 2013 as "Findings of Fact" for this case. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assemlby shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: REZONE FINDINGS OF FACT A. Findings as to need and justification for a change or amendments. The City of Port Lions need to develop a sewage sludge lagoon in order to comply with ADEC requirements. The Alaska Native Tribal Health Consortium is providing design and construction for the proposed facility and the City of Port Lions is providing the land for the facility. The proposed sewage sludge lagoon will be located adjacent to the existing community landfill which appears to be the most appropriate location for the community which must balance transport distances and availability of land suitable for the purpose. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The 2008 Kodiak Island Borough Comprehensive Plan Update and the 1997 Port Lions Comprehensive Community Plan both indicate this area should be developed for Residential purposes. This site is located adjacent to the existing solid waste landfill which is designated for Public Use so that in tins context the rezone appears to be logical expansion of this designated site for a closely related land use. The overall pattern of the plan map is not substantially altered as a result of this change. It should also be noted that although the surrounding site has historically been designated for residential use, this area has in fact served a needed buffer area around these industrial/utilityland uses. C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning and Zoning Commission recommend approval of this rezone request. SITE PLAN REVIEW CONDITIONS OF APPROVAL [I] Site Plan approval does not become effective until the PL-Public Use Land is approved by Assembly ordinance to be applicable on this site. [2) Prior to issuance of a zoning compliance permit for the proposed sewage lagoon, the City of Port Lions present evidence of ADEC approval of the site plan/development plan. SITE PLAN REVIEW FINDINGS OF FACT [1] Development of a Sewage Sludge Lagoon benefits the health, safety and general welfare of the residents of Port Lions. [2] The proposed Sewage Sludge Lagoon will help the Port Lions community comply with applicable ADEC sludge disposal regulations. [3] This conceptual site plan review balances the community need for an expeditious review of the proposed Sewage Sludge Lagoon with the need to ensure that the proposed facility is an appropriate fit for the proposed location and development context and there is sufficient information presented to make this finding. 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, qiik r aC nt Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning& Zoning Commission Public Hearing Item 7 A P&Z May 15, 2013 Current Location Request: A rezone, per KIBC 17.205.030 B to rezone P&Z Case No. 13-023 a Portion of Tract 6, United States Survey 5509, Port Lions from Rural Residential Two Zoning District City of Port Lions to PL-Public Use Zoning District, and, a site plan review. Agent: Kathryn Adkins for the construction of a sewage lagoon on same said parcel, according to KIBC 17.30.020 P ./v,, `�3 location of lagoon project. .010 illt,w 4.-......se •-..e Jr ∎. /Approximate ,..,„....... ,du....••• r® f 1:44.0- rr • • 1rr:::■■rr��sit iiii .. t■ il•• / •sir&4t# 4..-- ‘) )1 bl`k t.` 0 re ...ell Kodiak Island Borough GIS System 0 1.200 2,400 4,800 7,200 9,600 Peet 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 wittin 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. 13-023 Introduction Page 1 of 3 Public Hearing Item 7 A P&Z May 15, 2013 64, Kodiak Island Borough Zoning Map Community Development Department Current Zoning Request: Request: A rezone, per KIBC 17.205.030 B to rezone P&Z Case No. 13-023 a Portion of Tract 6, United States Survey 5509, Port Lions from Rural Residential Two Zoning District City of Port Lions to PL-Public Use Zoning District, and, a site plan review Agent: Kathryn Adkins for the construction of a sewage lagoon on same said parcel, according to KIBC 17.30.020 P ! . * r � _.„, O Approximate location O 4. of lagoon project • 0 thictifil• ' 1 k1,i4 i, 0...0„„a�i.sa,,. i�'4�e1}e11�esg8�.# 1--� ;., v.r+s �e0:W*11 p N1 1 '''/:.:',,A11: / ' '. -- �4j 0 My Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential - Light Industrial �Au Watershed - Rural Residential 2 Business Rural Neighborhood Commercial Conservation Single Family Residential I j Retail Business - Urban Neighborhood Commercial Rural Residential Two Family Residential Industrial Natural Use This map was prepared from the Kodiak Island Borough's GIS System It is provided for the purpose of showing the general locaton of a property within the Kodiak Island Borough. This map does not represent a surrey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Case No. 13-023 Introduction Page 2 of 3 Public Hearing Item 7 A P&Z May 15, 2013 Image Overlay Request: A rezone, per KIBC 17.205.030 B to rezone P&Z Case No. 13-023 a Portion of Tract 6, United States Survey 5509, Port Lions from Rural Residential Two Zoning District City of Port Lions to PL-Public Use Zoning District, and, a site plan review • Agent: Kathryn Adkins for the construction of a sewage lagoon on same said parcel, according to KIBC 17.30.020 P I. isommtik. -dam Z4,144:—. , :� r � h $ p a *,•i ,f,(4.A— 40%4* •,, 4 4.A...is 1,'at, •. % L. e "1,,kyV �:a f .tc itr !i t f 1 r j i•? h oArw � t te r,' ' . _ 4 d ,.... �. ' r K .0".., 4 4 [Nor • 4, Approximate location ar4*7 ' _ of lagoon project. a i, Itel4 •• ,l. g'%. ., • re., -I. T.4 ‘ c'','., . ,, 1. %., w'AA'- - 4;14,,,. .'.. , . r' Kodiak Island Borough GIS System ' 0 180 360 720 1,080 1 4 0 )4# eel This map was prepared from the Kodiak Island Borough's GIS System It.s 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 mappang data can be obtained by contacting the Kodiak Island Borough IT Department 01(907)486-9333 Case No. 13-023 Introduction Page 3 of 3 Public Hearing Item 7 A P&Z May 15, 2013 Kodiak Island Borough Print Form _ Submif6y Email_ . ?w'�«� Community Development Department Ij1 710 Mill Bay Rd.Rm 205 Kodiak AK 9%15 Ph.(907)486-9362 Fax(907)486-9396 htto://www.kodiakak.us PROP ID Application for Rezone KIBC 17.205 The following Information Is to be supplied by the Applicant Property Owner/Applicant l.� O oS F Po A- £.t A) l Mailing Address: ' n( i( o Pok_ i.ia.JS Aid— 9 gSso Phone Number. Cr0 7 _ 1-1sy_a 33.2 // Other Contact email,etc Rol _ t(Sq -ay4' 0/e•e ofp:ntZ.'o,u r9 hto>4a zCa.y Legal Description: �� on9US1ubdv7:: Bloc k: Lot: Street Address: /o /A'M r/Ydd-`04,e,✓ po7-r—nt`o„ Current Zoning: Pg. 4— Proposed Zoning: f2.-- Applicable Comprehensive Plan: Z 6 / Explanation of the need&justification for a change or amendment of zoning: n e e A ental i n‘t r� -o,J and f��s.0704.o,J Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: J I -n2') Date: J 31_i3 Signature: eAC- Case No. 13-023 Application Page 1 of 12 Public Hearing Item 7 A P&Z May 15, 2013 CDD Staff Certification i Date: 3/2_,/, 7) CDD Staff. Payment Verification Fee Payable in Cashiers Office Room 0 104-Main floor of Borough Building (tD,wui¢fk.- Not Applicable $0.00 �NI� r11g1 Less than 1.75 acres: $350.00 IMO N AA. N'W 1.76 to 5.00 acres: r $750.00 5.01 to 40.00 acres: F $1,000.00 40.01 acres or more: r $1,500.00 Case No. 13-023 Application Page 2 of 12 Public Hearing Item 7 A P&Z May 15, 2013 City of Port Lions Administrative Office •,�-• ' `- P.O.Box 110 Port Lions,Alaska 99550•Phone:(907)4542332•Fax(907)454-2420 rw nay �ffi �"�� r ��r•! -- E-matt: atyofportllons @hotmail.ccm r �. January 31,2013 V E Kodiak Island Borough l 710 Mill Bay Road FEB - 4 2013 J Kodiak,AK 99615 Community Development Dept. ATTN;Duane Dvorak,Associate Planner COMMNNIYDEVELOPMENT DEPARTMENT Dear Duane, I have enclosed information which includes a Resolution requesting the Planning&Zoning Commission to rezone a tract of land which the City of Port Lions would like to use as a site for a Sludge Lagoon. Included with the Resolution is supporting documentation regarding the site,and the need for building a Sludge Lagoon. The Resolution also requests that the fee for rezoning this acreage be waived. Please pass this packet of information onto the Planning&Zoning Commission for inclusion on their March 2013 agenda.Let me know if there are any questions or if the City needs to provide further documentation regarding this request. Thank you for your assistance, 1 l ,,.'4t Kathryn Adkins" City Clerk and Grants Coordinator City of Port Lions Case No. 13-023 Application Page 3 of 12 Public Hearing Item 7 A P&Z May 15, 2013 • Alaska Native Tribal ;Caa?CE; Consortium , Ph t ion of Environmental ReChh end Engineering 19U1 Bragaw SIret•Sure 2011•Anchorage AK 99508-3440•Phone-(907,729-3600•Farr(9071729-4090 www.anthc org December 21,2011 Michael Holley USACE Regulatory Division PO Box 6898/2204 3 d Street Elmendorf AFB,Alaska 99506 Dear Mr.Holley: Re: Sewage Sludge Lagoon-AN 09-NL4—City of Port Lions Please find enclosed a Jurisdictional Determination Request for a project the Alaska Native Tribal Health Consortium(ANTHC)is proposing on behalf of the City of Port Lions,Alaska (Sheet 1 of 4 shows the project location).The ANTHC is submitting this request to document agency consultation requirements necessary for funding purposes. The ANTHC is proposing a project that will provide the City of Port Lions with a new sewage sludge lagoon and sewage sludge pumper truck.The project will provide a proper sewage sludge treatment option for the biosolids generated from the municipal septic tanks.The lagoon will undergo a plan review by the Alaska Department of Environmental Conservation(ADEC)prior to construction. The proposed project will substantially minimize potential health hazards from harmful pathogenic organisms in the raw sewage.Currently,the community has no way to pump/clean solids or sludge from the septic tanks.The removal of these solids is necessary to keep the system in operation. The ANTHC proposes a design to construct the following:(Sheet 2 of 4 shows the proposed project activities): o approximately 540,500 gallon sewage stabilization pond with a high density polyethylene geomembrane liner, ' • 7,920 square foot percolation cell,and • 60-foot x 40-foot dumping area and dumping station. The City of Port Lions is located un the north coast of Kodiak Island.The proposed sewage sludge lagoon will be located adjacent to the existing solid waste dumping site,Large Sitka spruce,birch,alder and willow trees cover the mountainous terrain around Port Lions,as shown Case No. 13-023 Application Page 4 of 12 Public Hearing Item 7 A P&Z May 15, 2013 Port Lions Sewage Sludge Lagoon Project(AN 09-NL4) Page 2 December 21,2011 in the enclosed photo of the proposed site(Sheet 3 of 4).The ANTHC has also reviewed the United States Fish and Wildlife Service's Wetlands Mapper(Sheet 4 of 4 shows the project site highlighted)which shows the National Wetlands Inventory in Port Lions,and the map does not indicate that the site is located in a wetlands area. The no action alternative was rejected because the community must keep the septic tanks operational in order to have a functioning sewage system and to prevent illnesses within the community. The ANTHC is proposing to conduct the work this coming summer(20l.)to ensure that the conununity has an approved sewage disposal site. " 13 I can be reached at(907)729-3724 or Ikphilemonoff @anthc.org or Ms.Jennifer Wing can be reached at(907)729-3497 or jnwing @anthoorg if you have any further questions. Sincerely, Irf�.l�\vFZw • Lynelle Philemonoff Assistant Engineer Enclosures cc: Steve Andresen,Mayor,City of Port Lions ec: DEHE,Anchorage-Kelly Larson/Raj Chavan/ Jennifer Wing Case No. 13-023 Application Page 5 of 12 ORIGINAL TRACT 9 ALASKA NATIVE CLAIMS SETTLEMENT ACT Na REEF NO.a IANCSA)SECTION 14 lc)TRACTS I THROUGH 13 TRACT xO -_,- AND LOTS JOB THROUGH I38,BLOCK 16 SEE .O - FIRST ADDITION,PORT LIONS SUBDIVISION _ `�R PAI ��AE[aK[i a PA,92-203185 STAT.668,702,7051 10 e { AFOGNAK NATIVE CORPORATION•^ P E ..r ,N. .n © I • PORT LION5, ALASKA 3 TRACra SEE SKEET NO.7 e NNt '°✓ REFERENCE SAW A NE For ©^ A�„A e r REF,N. „cN T ACT 4 ° Cr m PREP'IMC1w POSE• ,.0 e, e) 3 .Nm ..,. 1 uo x m an OJ R"B ddb# NL 11 tD a VE a r..N•e..... e) -b. a'- . e 'TRACT II un SyEP ra a 01, .0 m.... . . � S ! m Peon 77.55 TRACT `I m.n m.•t..D ;� � A ' n, •S TRACCT Glnnn Oct n U.3 f : w m N..... r 5 `ie ..• NS ©.!`i N....m.N ..... TRACT CT5 © n \ O.�`.i..•,rmm ...m.. 1 ®' EE bRR 0 6c5 cro O+ TRACT 12 f9°,r«w ... CD _ A A «.. .,.- ..,...,. 4 pniw p• .I rim.....m ... N ¢. :11' 47:40t w t m :9µ.rRm .m.? F ° , p E 'P luu.. ..ii. T v v er PE /° C`OR PMVT PPP. ‘1/2 NI cr • i� a �4 r2Y ' � S Pre V D Public Hearing Item 7 A P&Z May 15, 2013 { v r r f ifs ‘ �. #i.' Ida +1 }n, .}. �y,, • • se. j 2.CI it* # r.. 1 g i .r'di; J c !j t th Y' �Y },r F ♦ } �y� ' >w{+ q ark ,}��ye �';• gyp,* a- 'kJ � rt ,y t��jj k_'e P (N1 .•171,7r., -.T1 any; le '� r : rU 1, . S, l,, l� }'� t-Ef~T " ' `4, . r1# n . 11�{{//)) f 3 Y r N " )"1 , _ '��`.! f�' .. J / ♦'�^rd}.XJtp ' VP ' 0# d, F )..'en .♦} dt'54,4:I.N r _,,,r;♦ •1 :t� CA s r S d �}t`, ' ;r '' a ' a-- t" ',✓-: + qt r, , U 4 1 'f ", 1♦7,+f i�4) . r J IiTJ.+�, .+ . w l" \f' i + F� t 91'. ,J•tr ` i s.4,4,,' k t e 6 s6D ,eta . ev „krr s '' �4 +g , ef I°`t 14<%N t° TS td C.'.7 '-440' �G ' +7 v,{•t .r'-1 3 r� .',3, 1 Jti. 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' } fd, ` c4'.jn df ' 1 i ♦!rat'. � '} -” r f l x etY 5 i ,l r 1 ,. _ +. ,*} °ti S, ,l r '4 S ti- C ' } 1 fir .d r ,53 ., ' d ' °e . t-'r , 4l x" ` . *. 1 41 � r R ..a t i ,/ r;1.IC+ a: ..'4.44,4.1. s. . s' ' p 3' . .gyp.vc, s, i . 0. <° . ,-,1-• .ti Case No. 13-023 Application Page 7 of 12 Public Hearing Item 7 A P&Z May 15, 2013 RESOLUTION 13-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT LIONS REQUESTING THE PLANNING AND ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH TO REZONE APPROXIMATELY 3.92 ACRES OF A PORTION OF TRACT SIX(6), PORT LIONS SUBDIVISION,FIRST ADDITION AS SHOWN IN PLAT 2006-8,OF THE KODIAK RECORDING DISTRICT, FROM RURAL RESIDENTIAL TWO(RR2)TO PUBLIC USE LAND(PL) WHEREAS; The City of Port Lions owns the property located within Tract 6 of the Port Lions Subdivision,First Addition,which Is shown In Plat 2006-8 of the Kodiak Recording District,and WHEREAS;the City has need of approximately 170,765 Sq.Ft.or 3.92 acres of this Tract in order to build a solid waste disposal site in the form of a Sludge Lagoon for the benefit of the Port Lions Community,and WHEREAS;this property is adjacent to an already existing PL zoned property which serves as the community's landfill,and WHEREAS;it is the City's intent to abide by the zoning laws of the Kodiak Island Borough,and WHEREAS;the proposed design for the Sludge Lagoon will contain an approximate 540,500 gallon sewage stabilization pond with a high density polyethylene geomembrane liner,a 7,920 square foot percolation cell,a 60ft x 40ft dumping area and dumping station,and will be fenced so as to not be visible from the State roadway,and WHEREAS;by building this sludge lagoon,the City will be able to adhere to State of Alaska DEC regulations concerning sewage waste disposal and provide a safer disposal method for raw sewage within the community,and WHEREAS;the proposed site has been agreed upon through multiple public meetings and has been approved by the USACE Alaska,Regulatory Division,State of Alaska DEC.and the Alaska State Historic Preservation Office. NOW THEREFORE BE IT RESOLVED,that the City Council of the City of Port Lions hereby requests the Kodiak Island Borough's Planning and Zoning Commission to review this request for a rezone of approximately 3.92 acres located within Tract 6 of the Port Lions Subdivision, Firsts Addition from RR2 to PL for the benefit of the residents of Port Lions,and BE IT FURTHER RESOLVED,that the City Council of the City of Port Lions hereby requests that if the City's request for a rezone is granted,that the Planning&Zoning Commission waive the fee of$750.00 which is associated with the rezone of acreage of this size. This Resolution Becomes Effective upon the date of adoption by a duly constituted quorum of the Port Lions City Council. Adopted this 3 I Day of January,2013 i 4 'h _ Deputy Mayor,City<'Port Lions ATTEST:City Cbrik Case No. 13-023 Application Page 8 of 12 Public Hearing Item 7 A P&Z May 15, 2013 2012-000685-0 Recording Dial.303-Kodiak 3077/2012 1,35 PM Pages:1 of 4 10111111111111111111111111111111111117011 DEDICATED FOR PUBLIC UTILITY EASEMENT Balemeet GALE 11-PI Pan Lions,Alaska The City of Port Lions,Alit is the=vent owner of the herein described property. To save flters carat in the lend ahoeld title be transferred,the city haaby dedicates a permanent em®tot daedbed herein. THIS DEED OP°EAS4.1PN7' made and entered into this ,a day of Planks 20 by the City of Part lions,/lob,hereinafter Warred to as to •"Ormmr(ap, • THAT, be Gratosl Grantee does hereby dedicate a permanent Public)Easement within Sections 31 &32,Towvahip 26 Sontb Range 22 West Said Meridian,Alaska The casement is shown in Exhibit ORI-311-El and labeled Basement 0111411-P1.The said cumms la more specifically that portico of said SaSOua 32&33 assailed as follows: Rs*rea®g Plat 20064,Paged of 9,Kodiak Remsdog District,AK;ANSCA N(c). Toot I tiny 13,Lots 10B ten 13B,Block 16.First Addition,Port lions Subdivision,and Document 2007-002695-0,1227/21307. All Beatings and Manors reference Record plat information Beginning,at a found Aluminum cap monument,A1®am Cap being on the southerly Right of Way of Airport Road and Tree Point of Beginning of Proposed Utility Easement ORI-09- 005-NL4P1;Theme,along Airport Road Right of Way,N59°56'00"E,a distance of 518.72 het;Thence,849°13'19'R,a distance of 147.00 fat Mace,515°21'58"W.a diaanoe of 542.49 fees;Thence,N4993'20"W, to the southerly Right of Way of Airport Road,a distance of 550.00 feet to the Tor Point of Beginning. Said easement contains 170,765 Sq.FL or 3.92 aaa(s),more m less. OUALIFICATl0N ): THE GRANTOR/GRANTEE DOES HEREBY AGREE to conmeet and maintain the said improvements and appmtemam in a wodonmL7m manna, indemnify the landowner against liability for damages to life or property arising from the occupancy or one of the land by the Omntee. The tannest is papesnal so long o the ammest shall actually be used fire the purpose specified And that the emmal may be Laminated in whole or in part by the Grantor(s)if nonuse or the mment for Olt epccibd propose exists bra coossart ire two ympoid. ORISl1-PI LEGAL Page I of 4 Case No. 13-023 Application Page 9 of 12 Public Hearing Item 7 A P&Z May 15, 2013 ' GRANTOR zezugCATION: for Easement Pared ORIS11-PI N - S WHEREOF,the parties have executed this instilment at P,.t -1 /'(Alaska Ey (Signature) C-1 eYlo( ew25 (Printed) -(are. I d�<, tgaifro • beaver a2Td.s Title Address STATE OF ALASKA ) as: THIRD 7UDICAL DISTRICT 1 I THIS IS TO CERTIFY THAT ON THIS /a2 day of /1/4141 2022- befbse me the undmignedNotasy Public in d for the Slate of Alaska,duly wmmirsiened and swum,personally appeared Olt-iK 14R0b2.0, to me blown to be the individual dumbed in and wbo executed the above and foregoing instrument in the capacity as stated theme and acknowledged to me that he/shesigned and seeded the some finny and voluntarily for the uses wand purposes therein mentioned. 13.041111.Y.!-1w11'Sa-- bTy cammiasan wires. ire °S r4a.)7 ao)4 NObrY Pueblo Slate of°Nealo NOn,an10 r4 Zit?'"NOTARY PUBLIC FOR ALASKA Juan la,e01P KODIAK Recording District Date Recorded Return to:ATTENTION,SUSAN bIISK¢b,PCS Alaska Native Tribal Health Consortium 1901 Emgaw,Suite 4200 Anchorage,Alaska 99508-5997 OR1511-P1 Page2 of 1111101161111 of 4 29124 ts5Sd • Case No. 13-023 Application Page 10 of 12 Public Hearing Item 7 A P&Z May 15, 2013 GRANTEE CERTIFICATION: for Easement Parcel ORI-Sll-Pl IN WITNEg WHEREOF,the parties have executed this ins0oment at rot.it L.1en1ti Alaska (Signature) 0-whoto,7k. - 7p(T h wA..6 Cantos (Printed) CdflddC9 PsJcJ t 41-1 110 /1j40)4. to Clerk Memel Ad 99SSJ Title Address STATE OF ALASKA ) ss: THIRD 1UIDICAL DISTRICT ) THIS IS TO CERTIFY THAT ON THIS !&day of MawA 20J,before me the undersigned Notary Publlppin and for tbe$W of Alaska duly commissioned and awerr personafy appestat Landdae-<-.rl 1-sa�.1 to me!mown to he the individual describe{in and who seated the above and foregoing tnatrvmeut ro the capacity as stated therein and acknowledged to me that hefahe signed and sealed the same freely and voluntarily far t the uamaan/d'��pt�up�ons therm mentioned. ,,��J/ reit/.a'Jeit/be. My commission ap'vnlaw-o-/7,a011/ be...J.,- rypflC torUUa W Apace NOTARY PUBLIC FOR ALASKA sorra/don•116)3 lure tl Tate KODIAK Recniding District Data Recorded Reiwn to ATTENTION:SUSAN MISKILL,PLS Mesta Native Tribal Health Consortium 1901 Bragaw,Suite 11200 Anchorage,Alaska 99508-5997 01U-S11-P1 Page 3 oft oIIIJIWII HHuo 2012-0008850 Case No. 13-023 Application Page 11 of 12 • Q N E m _ o OD N C C Ln co rl d to 2 ro u_ 2 9 N4 0 0 \ CEMETARY RESERVE \ ` 1FXHIRIT ORI-511-E1 / N FND \ TR. 4 1 I I m 4- \ BRASS \ N59'S5'00'E I g 0 \ \ CAP } END AL CAP. - - - 5tB12' /1 •TS N rt \FNtl \ - �• 11 - - AIRPORT ROAD rm' nd8 ro BRASS ,• F_(10 BRASS END AL. CAP/ ' - - \ - CAP / CAtP T.P.O.B. J //iiii 54913't 9'E C/� i PLAT 2006-8 \ 1aZ80' O K.R.D`� FNO AFOCNAK \ \ \ N RBR CORPORATION \ \ u C/27, n\\ Na8'150.00' 521'SS'W \ \ Q SSD.00' 2.49' \\ A.N,S.C.A. 14 (C) TR. 6 O 2o0 0 CV \ _ ' 0CD l rc1 OCD TO CITY OF PORT LIONS ,�. 7J 'y 2007-002695-0, 12/27/2007 I P'OPOSED EASEMENT f rA O LOT LINES SHOWN ARE ` i ORI-511-P1 ��� 4 . f,4: Z FROM AN UN-RECORDED SOURCE. \ / 170,765 Sq. F4 OR �;yl,, ,[, .uytr,�,4 \ 3.92 ACRES MORE OR LESS It „n:?4:',F .:d• FOR GRAPHICAL Z ,2 ql PURPOSES ONLY.t , / \ i;° 4.,`''ar'M'„�y 3 U ro Allokakalive TNlMHo1NCPnwMIMm EXHI@R:ORHS11.E: +,ax / [.Tr 9 KT ,\>I, ow'm el COMMUNITY: PORT LIONS:ALASKA oAn.: 11/29/201, l e"::.J :G2'c ^k,&Y; 4. I�'YywOwh = VICINITY MAP l:' 4w4.xtw PARCEL/ LRI-511-Pt PALE 4 or 4 ma WAR wmw o-] RECORDING DISTRICT: MNI.U( SOUL r-I IR9 • Public Hearing Item 7 A P&Z May 15, 2013 h R -£ Kodiak Island 1 °rough n =/'./; Community Development Department �I '�'. 710 Mill Bay Road Room 205 _ e ' �'�t . i Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us -k April 3,2013 Kathryn Adkins City ofPort.Lions PO Box 110 Port Lions,AK 99550 Re: Case 13-023. Request a rezone, per KIBC 17.205.030 B to rezone a Portion of Tract 6, United States Survey.5509, Port Lions from Rural'Residential Two Zoning District to PL-Public.Use Zoning District, and, a site plan review for the construction of a sewage lagoon on same said parcel,according to KIBC 17.30.020 P. Dear Ms.Adkins:. Please.be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing attheir May 15, 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, May 8, 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 of-provide additional information.In advance,thank you for your.cooperation. Sincerely, Sheila Smith,Secretary Community Development Department00 Case No. 13-023 Public Comment Page 1 of 8 • Public Hearing Item 7 A P&Z May 15, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak,Alaska 99615 (907)486-9363 April 4, 2013 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 15, 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: 13-023 APPLICANT: City of Port Lions AGENT: Kathryn Adkins, Port Lions City Clerk& Grants Coordinator REQUEST: A rezone, per KIBC 17.205.030 B to rezone a Portion of Tract 6, United States Survey 5509, Port Lions from Rural Residential Two Zoning District to PL-Public Use Zoning District, and, a site plan review for the construction of a sewage lagoon on same said parcel, according to KIBC 17.30.020 P LOCATION: Portion of Tract 6, Port Lions I st Addition ZONING: RR2-Rural Residential Two 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, April 30, 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@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486- 3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, May 8, 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. 13-023 Public Comment Page 2 of 8 Public Hearing Item 7 A P&Z May 15, 2013 Location Request a rezone, per KIBC 17.205.030 B to rezone a Portion of Portion of Tract 6, Port Lions Tract 6, United States Survey 5509, Port Lions from Rural 1st Addkition Residential Two Zoning District to PL-Public Use Zoning District, Case 13-023 and, a site plan review for the construction of a sewage lagoon on Applicant same said parcel, according to KIBC 17.30,020 P City of Port Lions C® � Approximate location of 4 /,,, lagoon project r. kill .;:.`i.I .W,;--.':•i....... ,..........:._..•...... / ly 1piiii: ,i;iii, ..:f) .i , lit - ,4 z ��V a - V r _. ven to...rid _____ , °- Kodiak Island Borough GIS Legend " <'> Notification Area W O , E 0 t,2so Feet 2,500 5,000 � Subject Parcel t t t i i t , , ) S This map was prepared from the Kodiak Island Borougis GIS System. It is prodded for the pupose of showing the general location of a property within the Kodiak Island Borough. This map does not represert a survey.More information about the mappng data can be obssined by contacfirg the Kodiak I staid Borough IT Department at(907)486-9333 Case No. 13-023 Public Comment Page 3 of 8 Public Hearing Item 7 A P&Z May 15, 2013 first name last_name Mail_Line_ Mail_Linel Mail_City Mail_St Mail_Zip KEVIN ADKINS PO BOX 50 PORT LIONS AK 99550 AFOGNAK NATIVE CORP MAIL CODE:KIBTAX 3909 ARCTIC BLVD,STE 4I ANCHORAGE AK 99503 BRANNON AMES 8981 DELTA LINE RD CUSTER WA 98240 BRAD AMES ETAL PO BOX 33 PORT LIONS AK 99550 ANC/BETTY NELSON PO BOX 75 PORT LIONS AK 99550 ANC/LESTER LUKIN PO BOX 62 PORT LIONS AK 99550 DENISE ANC/MAY PO BOX 32 PORT LIONS AK 99550 ANC/WAYNE LUKIN PO BOX 72 PORT LIONS AK 99550 STEPHEN&PEGGY ANDRESEN PO BOX 65 PORT LIONS AK 99550 ROBERTA BARTLESON PO BOX 21 PORT LIONS AK 99550 MARVIN BARTLESON PO BOX 71 PORT LIONS AK 99550 • MARIA BARTLESON PO BOX 71 PORT LIONS AK 99550 WILLIAM BIEHL P 0 BOX 36 PORT LIONS AK 99550 CLARENCE BOLDEN 421 HAINES AVE FAIRBANKS AK 99701 SUSAN BOSKOFSKY PO BOX 103 PORT LIONS AK 99550 GLEN BRANDAL PO BOX 17 PORT LIONS AK 99550 DANIEL BYRON P 0 BOX 95 PORT LIONS AK 99550 CALHOUN AK COMM.PROP.TRUST PO BOX 3805 HOMER AK 99603 ROBERTV CARLSON PO BOX 629 BETHEL AK 99559 HAROLD CHRISTIANSEN JR ETAL PO BOX 61 PORT LIONS AK 99550 CITY OF PORT LIONS PO BOX 110 PORT LIONS AK 99550 JUDITH CLAYTON PO BOX 40 PORT LIONS AK 99550 JAMES COLE PO BOX 102 PORT LIONS AK 99550 JOSE COVARRUBIAS ETAL PO BOX 112 PORT LIONS AK 99550 JAMES CROSIER LIVING TRUST C/O GATEWAY FIREPLACE SHOPPE 10088 ELLSWORTH RD STREETSBORO OH 44241 PELAGAYA EGGEMEYER P 0 BOX 106 PORT LIONS AK 99550 ROY FAIRMAN PO BOX 38 PORT LIONS AK 99550 STACEY FRANCES 9603 NEWHAVEN LOOP ANCHORAGE AK 99507 DAVID GIRARD PO BOX 114 PORT LIONS AK 99550 MATTHEW GOLDFARB PO BOX 2201 PALMER AK 99645 ANGELA GREEN 4880 CHRISTINA COURT WASILLA AK 99654 MARY GRIGGS PO BOX 39 PORT LIONS AK 99550 LARRY GUNDERSON PO BOX 187 PALMER AK 99645 Case No. 13-023 Public Comment Page 4 of 8 Public Hearing Item 7 A P&Z May 15, 2013 RUSSELL GUNDERSON PO BOX 82 PORT LIONS AK 99550 REGINALD GUNDERSON 211 SPRUCE DR PORT LIONS AK 99550 REGGIE GUNDERSON JR 9499 BRAYTON DR#31 ANCHORAGE AK 99507 DENNIS HAAS P 0 BOX 2434 SOLDOTNA AK 99669 EDWARD HARRISON ETAL PO BOX 2426 SOLDOTNA AK 99669-2421 SANDRA HAY MAGALENO 6316 S.E.DIVISION PORTLAND OR 97206 HILLSIDE BIBLE CHAPEL PO BOX 96 PORT LIONS AK 99550 NANCY HILLSTRAND P.O.BOX 7 HOMER AK 99603 JAMES P JACOBSON PO BOX 1313 KODIAK AK 99615 KENNETH JOHANASEN PO BOX 105 PORT LIONS AK 99550 KENNETH JOHANASEN 420 BAYVIEW DR PORT LIONS AK 99550 JAY KAISER PO BOX 78 PORT LIONS AK 99550 WANDA KATELNIKOFF PO BOX 106 PORT LIONS AK 99550 GERALD KENNEDY PO BOX 188 PIPESTONE MN 56164 PETER KEWAN PO BOX 73 PORT LIONS AK 99550 SUSAN&DONALD KEWAN PO BOX 88 PORT LIONS AK 99550 DORINDA&ARNOLD KEWAN PO BOX 81 PORT LIONS AK 99550 BRIAN KEWAN 12910 SILVER SPRUCE DR ANCHORAGE AK 99516 HAROLD KEWAN PO BOX 94 PORT LIONS AK 99550 DONALD KEWAN JR PO BOX 88 PORT LIONS AK 99550 KIZHUYAK BAY LODGE 8230 SW 48TH ST MIAMI FL 33155 ROBERT KNAGIN PO BOX 107 PORT LIONS AK 99550 RODNEY KNAGIN PO BOX 46 PORT LIONS AK 99550 WAYNE KNAGIN PO BOX 1334 CORDOVA AK 99574 KODIAK ISL HSG AUTH 3137 MILL BAY RD KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 CHARLES KRAMER P.O.BOX 183 PORT LIONS AK 99550 MITCH KRMPOTIC PO BOX 8566 KODIAK AK 99615 KYONO REVOCABLE LIVING TRUST E PO BOX 432 LAWAI HI 96765 ALAN LARGE 1723 MISSION RD KODIAK AK 99615 SAMUEL L LARSON 840 E 76TH AT,#114 ANCHORAGE AK 99518 KENNETH LESTER PO BOX 538 KODIAK AK 99615 BRUCE LOGAN 5420 FOREST DRIVE JOHNSTON IA 50131 MARYJANE LONGRICH P.O.BOX 2494 KODIAK AK 99615 Case No. 13-023 Public Comment Page 5 of 8 Public Hearing Item 7 A P&Z May 15, 2013 LONGRICH ENT INC PO BOX 2494 KODIAK AK 99615 IVAN LUKIN P 0 BOX 25 PORT LIONS AK 99550 JEFFREY LUKIN PO BOX 41 PORT LIONS AK 99550 LESTER LUKIN PO BOX 62 PORT LIONS AK 99550 BETTY LUKIN 1423 ISMAILOV ST KODIAK AK 99615 EMMANUEL LUKIN ESTATE C/O AGNES DRIVER 607 OMAHA WAY VANCOUVER WA 98661 ELIZABETH MADSEN 35 GRAND VIEW BELLINGHAM WA 98229 EDWARD MAHONEY PO BOX 2281 KODIAK AK 99615 LORNA MAUGHAN PO BOX 6 PORT LIONS AK 99550 ROBERT MAY P.O.BOX 32 PORT LIONS AK 99550 ANDY MCGAVRAN PO BOX 86 PORT LIONS AK 99550 • MICNIC COTTAGE MN 2003 LLC 4916 CANEY CT PORT RICHEY FL 34668 SARAH NELSON PO BOX 26 PORT LIONS AK 99550 ARNOLD NELSON P.O.BOX 277 PORT LIONS AK 99550 HARRY NELSON P.O.BOX 87 PORT LIONS AK 99550 HARRY NELSON P.O.BOX 87 PORT LIONS AK 99550 ROBERT NELSON 453 VON SCHEELE WAY KODIAK AK 99645 NANCY NELSON PO BOX 8863 KODIAK AK 99615 THOMAS E NELSON PO BOX 101 PORT LIONS AK 99550 NICHOLAS NELSON P.O.BOX 26 PORT LIONS AK 99550 ARLENE NELSON PO BOX 1933 KODIAK AK 99615 NICHOLAS NELSON P 0 BOX 74 PORT LIONS AK 99550 NICK NELSON P 0 BOX 74 PORT LIONS AK 99550 HARRY L NELSON PO BOX 87 PORT LIONS AK 99550 CANDACE NELSON P 0 BOX 77 PORT LIONS AK 99550 HELEN NELSON PO BOX 117 PORT LIONS AK 99550 MARGARET NELSON 59806 WINDING TRAILS LN HOMER AK 99603 HARRY NELSON P 0 BOX 87 PORT LIONS AK 99550 BETTY NELSON PO BOX 75 PORT LIONS AK 99550 MARVIN NELSON P.O.BOX 76 PORT LIONS AK 99550 MARVIN NELSON P.O.BOX 76 PORT LIONS AK 99550 HELEN NELSON PO BOX 117 PORT LIONS AK 99550 BETTY NELSON PO BOX 75 PORT LIONS AK 99550 ROBERT NELSON GENERAL DELIVERY PORT LIONS AK 99550 Case No. 13-023 Public Comment Page 6 of 8 Public Hearing Item 7 A P&Z May 15, 2013 JOHN NELSON P.O.BOX 64 PORT LIONS AK 99550 NANCY NELSON ETAL PO BOX 8863 KODIAK AK 99615 JERILYN NELSON ETAL P.O.BOX 61 PORT LIONS AK 99550 CECIL NELSON SR PO BOX 97 PORT LIONS AK 99550 THOMAS NESLON SR PO BOX 101 PORT LIONS AK 99550 JOAN ORLOFF 2440 E.TUDOR RD.PMB 272 ANCHORAGE AK 99507 HENRY ORTH 3462 N.PARADISE LN. WASILLA AK 99687 MARCIA OSWALT P.O.BOX 722 KODIAK AK 99615 RONALD PAULL PO BOX 29 PORT LIONS AK 99550 JAMES&ELIZABETH PENNINGTON 122 KIZUYAK DR PORT LIONS AK 99550 PATRICIA PESTRIKOFF PO BOX 16 PORT LIONS AK 99550 RICHARD PESTRIKOFF PO BOX 9 PORT LIONS AK 99550 JOHN PESTRIKOFF P.O.BOX 215 PORT LIONS AK 99550 KAREN PESTRIKOFF-EGGERS ETAL PO BOX 37 PORT LIONS AK 99550 PORT LIONS TRIBAL COUNCIL PO BOX 69 PORT LIONS AK 99550 PORT LIONS TRIBAL COUNCIL PO BOX 69 PORT LIONS AK 99550 VICTOR R POYTHRESS PO BOX 865 GIRDWOOD AK 99587 TOM RADTKE ETAL 7210 BIGLERVILLE CIRCLE ANCHORAGE AK 99507 HELEN REDBIRD 1025 NW HILLSIDE PKWY MCMINNVILLE OR 97128 STEPHEN ROBUSTELLINI PO BOX 91 PORT LIONS AK 99550 RUSSIAN ORTHODOX CHURCH PO BOX 210569 ANCHORAGE AK 99521 RUSSIAN ORTHODOX CHURCH PO BOX 210569 ANCHORAGE AK 99521 JEROME SELBY P.O. BOX 1962 KODIAK AK 99615 ALFONSO SHELTON PO BOX 118 PORT LIONS AK 99550 SERGAY SHERATINE 309 ERSKINE AVE APT 107 KODIAK AK 99615 LUCAS SMITH 1815 MILL BAY RD KODIAK AK 99615 ALBERTA SPALDING PO BOX 2634 SEWARD AK 99664 DAVID THOMAS SPELLMAN PO BOX 3359 KODIAK AK 99615 TERRY SPESSARD 13751 ARNE ERICCSON CIRCLE ANCHORAGE AK 99515 TERRY SPESSARD 13751 ARNE ERICCSON CIRCLE ANCHORAGE AK 99515 GEORGE SQUARTSOFF PO BOX 42 PORT LIONS AK 99550 GEORGE SQUARTSOFF P.O.BOX 42 PORT LIONS AK 99550 MELVIN SQUARTSOFF P 0 BOX 44 PORT LIONS AK 99550 MELVIN SQUARTSOFF P 0 BOX 44 PORT LIONS AK 99550 Case No. 13-023 Public Comment Page 7 of 8 Public Hearing Item 7 A P&Z May 15, 2013 FRED SQUARTSOFF PO BOX 8886 KODIAK AK 99615 PETER SQUARTSOFF P.O.BOX 163 PORT LIONS AK 99550 PETER SQUARTSOFF P.O.BOX 163 PORT LIONS AK 99550 MELVIN SQUARTSOFF P 0 BOX 70 PORT LIONS AK 99550 MELVIN SQUARTSOFF PO BOX 70 PORT LIONS AK 99550 MELVIN SQUARTSOFF P 0 BOX 70 PORT LIONS AK 99550 STATE OF ALASKA DOTPF POUCH 6900 ANCHORAGE AK 99502 STATE OF ALASKA DOTPF POUCH 6900 ANCHORAGE AK 99502 STROBBE-LITTLE PORT LIONS,LLC 4916 CANEY COURT PORT RICHEY FL 34668 PAMELA SULLIVAN-SUMSTAD PO BOX 2 PORT LIONS AK 99550 TELCO PROPERTIES INC C/0 TELALASKA,ACCTS PAYABLE 201 EAST 56TH AVE.,STE ANCHORAGE AK 99518 TELCO PROPERTIES INC C/0 TELALASKA,ACCTS PAYABLE 201 EAST 56TH AVE.,STE ANCHORAGE AK 99518 MICHAEL TERKELSON 2172 ASHWOOD RD KAYSVILLE UT 84037 STANLEY THOMSEN P.O.BOX 55 PORT LIONS AK 99550 NORMAN URSIN P.O.BOX 31 PORT LIONS AK 99550 JESSICA URSIN P 0 BOX 31 PORT LIONS AK 99550 CHRISTINE VON SCHEELE PO BOX 54 PORT LIONS AK 99550 CHRISTINE VON SCHEELE PO BOX 54 PORT LIONS AK 99550 ROBERT WAGNER PO BOX 84 PORT LIONS AK 99550 MARILYN WAGNER ETAL PO BOX 84 PORT LIONS AK 99550 GEORGE WEAVER 6938 STELLA PLACE ANCHORAGE AK 99507 BRYAN D WISE PO BOX 113 PORT LIONS AK 99550 RONALD WISE ETAL 401 PETTIS ROAD ANCHORAGE AK 99515 NATIVE VILLAGE OF PORT LIONS PO BOX 81 PORT LIONS AK 99550 PO BOX 51 PORT LIONS AK 99550 Case No. 13-023 Public Comment Page 8 of 8 Public Hearing Item 7 A P&Z May15, 2013 MEMORANDUM Date: May 3, 2013 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the May 15, 2013 Regular Meeting Cases: 13-023 Applicant: City of Port Lions Agent: Kathryn Adkins, Port Lions City Clerk & Grants Coordinator Request: A rezone, per KIBC 17.205.030.B to rezone a Portion of Tract 6, U.S. Survey 5509, Port Lions Subdivision First Addition, from RR2- Rural Residential Two Zoning District to PL-Public Use Land Zoning District, and A site plan review for the construction of a sewage lagoon on the same parcel according to KIBC 17.30.020.P Location: No Address Assigned Legal Description: Portion of Tract 6, U.S. Survey 5509, Port Lions Subdivision First Addition Zoning: RR2-Rural Residential Two One Hundred Fifty-five (155) public hearing notices related to this case were mailed on April 4, 2013. Date of site visit: No Site Visit Conducted — Borough GIS and Department Files Consulted Zoning History: The rezone area was zoned C-Conservation by Ordinance No. 77-15-0. The rezone area was rezoned from C-Conservation to RR2-Rural Residential Two by Ordinance No. 84-66-0. Lot Size: Portion of Tract 6 3.92 Acres Existing Land Use: Vacant Land Surrounding Land Use and Zoning: North: Tract 4, U.S. Survey 5509, Port Lions Use: Vacant Zoning: Split Lot Zoning South: Portion of Tract 6, U.S. Survey 5509, Port Lions Use: Vacant Zoning: RR2-Rural Residential Two Case No. 13-023 Staff Rpt Page 1 of 6 Public Hearing Item 7 A P&Z May15, 2013 East: Portion of Tract 6, U.S. Survey, Port Lions Use: Vacant() Zoning: RR2-Rural Residential Two West: Portion of Tract 6, U.S. Survey 5509, Port Lions Use: Landfill Site Zoning: PL-Public Use Land Zone Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan and the 1997 Port Lions Comprehensive Plan identifies this area as Residential land. 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 plans are the 2008 Kodiak Island Borough Comprehensive Plan Update and the 1997 Port Lions Community Comprehensive Plan. KIBC 17.205.030 Manner of initiation. Changes in this title may be initiated in the following manner: B. The Commission upon its own motion... KIBC 17.205.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. 17.205.020 REPORT FROM PLANNING AND ZONING COMMISSION. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. Case No. 13-023 Staff Rpt Page 2 of 6 Public Hearing Item 7 A P&Z May15, 2013 COMMENTS The petitioner, City of Port Lions, has requested a rezone of a 3.92 Acres Portion of Tract 6, U.S. Survey 5509, Port Lions Subdivision First Addition, from the RR2-Rural Residential Two zoning district to the PL-Public Use Land zoning district. The purpose of the rezone is to establish a sewage sludge lagoon for the benefit of the entire community. The sludge lagoon will be designed and constructed by the Alaska Native Tribal Health Consortium. The scope of the project is generally described in the application materials submitted by the City of Port Lions who are also requesting a concurrent site plan review along with this rezone request so that the project can go directly to zoning compliance permit once the rezone has been acted on by the Assembly. Normally staff would expect to see a more detail plan for the improvements but given the fairly simple design of a sewage sludge lagoon and the ample narrative description of the project in the application materials staff is inclined to give the project ample latitude to move forward. In addition, staff has also observed the difficulty that the Kodiak community has had recently in dealing with the sludge from its local sewage treatment facility and believes the best course of action is to support and encourage projects such as this for communities to get the infrastructure that they need when the opportunities present themselves. The application packet includes a cover letter from the City of Port Lions dated January 31, 2013, a letter dated December 21, 2011 from the Alaska Native Tribal Health Consortium to the U.S. Army Corps of Engineers, City of Port Lions Resolution No. 13- 02, which was adopted on January 31, 2013, and a public utility easement dedication dated March 13, 2012, which provides a metes and bounds description of the site which can be used for mapping the new zoning area requested. As indicated above in the "Applicable Regulations" section, the decision to approve a zoning request, particularly a rezone request, should be based upon the current comprehensive plan recommendations. In this regard staff has consulted both the 2008 Kodiak Island Borough Comprehensive Plan and the 1997 Port Lions Comprehensive Community Plan. REZONE REVIEW AND ANALYSIS: COMPREHENSIVE PLAN: Both the 2008 Comprehensive Plan Update and the 1997 Comprehensive Community Plan identify this area for Residential development. It should be noted however that the proposed rezone area abuts the designated landfill site which is designated for public purpose. The development of a sludge lagoon as a special purpose waste disposal site has a great deal in common with the solid waste landfill site and in this case the application of PL-Public Use Land zoning should be considered as a logical expansion the general designation that was previously applied to the solid waste landfill site. ZONING/USE: The site has historically been zoned residential as far back as 1977 according to department records. The use of the site is currently vacant, although the area could more accurately be described as a buffer area for the community landfill site. Case No. 13-023 Staff Rpt Page 3 of 6 Public Hearing Item 7 A P&Z May15, 2013 As indicated under the comprehensive plan section above, the expansion of the Public Use Land zoning to include this area is for a similar purpose to the main landfill except that the sewage sludge cannot be disposed of properly in the type of landfill operated by the City of Port Lions and must require its own special purpose disposal facility. LAND SUITABILITY: The land has been deemed suitable by the Alaska Native Tribal Health Consortium which has access to appropriate expertise for making these kinds of assessments. In addition, locating the sewage sludge lagoon in this relatively isolated location, next to the existing landfill site, ensures that the potential for off-site impacts such as odors will be unlikely to affect the predominantly residential and commercial areas of the community. RECENT DEVELOPMENT TRENDS IN THE AREA: The rezone area has historically served as a buffer area surrounding the community landfill site. Expansion of the PL zoning through this request will be a logical extension of the existing landfill disposal area and the City of Port Lions has adequate land ownership surrounding this expanded area to maintain sufficient buffer from the residential and commercial areas of the community. TRAFFIC IMPACTS: There will be some additional traffic to and from the proposed disposal site, but the road serves the community as an arterial street between the airport and center of the community so that additional traffic will not be a problem. SITE PLAN REVIEW AND ANALYSIS: As mentioned previously in the case introduction the sewage sludge lagoon is largely described in the narrative application. Those documents provide capacities and describe the construction methods and materials in sufficient detail that staff believes a site plan depiction may be unnecessary in this case. Staff believes this kind of sludge lagoon facility may be the exception to the rule however and would not typically consider this as an appropriate site plan review for just about any other kind of public facility. If the commission does want to see a detailed site plan before making a ruling on this part of the case then it might be prudent to work out with the applicant a time frame certain when the detailed site plan information will become available and postpone this portion of the review until that time. Also, staff will insist on some type of representative site plan for the zoning compliance review, even if it is not designed by an engineer or surveyor. RECOMMENDATION Staff recommends that the commission forward the rezone request to the Assembly with a recommendation for approval. Staff also recommends approval of the site plan review, based on the narrative description of the proposed facility. Case No. 13-023 Staff Rpt Page 4 of 6 Public Hearing Item 7 A P&Z May15, 2013 APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Rezone Motion #1 Should the Commission agree with staff, the appropriate motion is: Move to recommend a rezone, per KIBC 17.205.030.B to rezone a Portion of Tract 6, U.S. Survey 5509, Port Lions Subdivision First Addition from RR2-Rural Residential Two to PL-Public Use Land, and to adopt the findings contained in the staff report dated May 3, 2013 as "Findings of Fact" for this case. Staff recommends that the preceding motion be APPROVED. Findings of Fact for Cases 13-023: A. Findings as to need and justification for a change or amendments. The City of Port Lions need to develop a sewage sludge lagoon in order to comply with ADEC requirements. The Alaska Native Tribal Health Consortium is providing design and construction for the proposed facility and the City of Port Lions is providing the land for the facility. The proposed sewage sludge lagoon will be located adjacent to the existing community landfill which appears to be the most appropriate location for the community which must balance transport distances and availability of land suitable for the purpose. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The 2008 Kodiak Island Borough Comprehensive Plan Update and the 1997 Port Lions Comprehensive Community Plan both indicate this area should be developed for Residential purposes. This site is located adjacent to the existing solid waste landfill which is designated for Public Use so that in this context the rezone appears to be logical expansion of this designated site for a closely related land use. The overall pattern of the plan map is not substantially altered as a result of this change. It should also be noted that although the surrounding site has historically been designated for residential use, this area has in fact served a needed buffer area around these industrial/utility land uses. C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning and Zoning Commission recommend approval of this rezone request. Case No. 13-023 Staff Rpt Page 5 of 6 Public Hearing Item 7 A P&Z May15, 2013 Site Plan Review Motion #2 Should the Commission agree with staff, the appropriate motion is: Move to grant approval, according to KIBC 17.130.020.P (Site Plan Review— Utility Installation) for a conceptual site plan on a Portion of U.S. Survey 5509, Port Lions Subdivision First Addition, to allow a proposed sewage sludge lagoon as described in the application materials submitted for this case, subject to a condition of approval, and to adopt the findings in the staff report dated May 3, 2013 as "Findings of Fact" for this case. Conditions of Approval [1] Site Plan approval does not become effective until the PL-Public Use Land is approved by Assembly ordinance to be applicable on this site. Findings of Fact [1] Development of a Sewage Sludge Lagoon benefits the health, safety and general welfare of the residents of Port Lions. [2] The proposed Sewage Sludge Lagoon will help the Port Lions community comply with applicable ADEC sludge disposal regulations. [3] This conceptual site plan review balances the community need for an expeditious review of the proposed Sewage Sludge Lagoon with the need to ensure that the proposed facility is an appropriate fit for the proposed location and development context and there is sufficient information presented to make this finding. Case No. 13-023 Staff Rpt Page 6 of 6 KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.C.2 TITLE: Ordinance No. FY2013-18 Approving a Rezone to Allow for the Proposed Expansion of the Old Harbor Airport from R1-Single-Family Residential to LI- Light Industrial (Case 13-026, City of Old Harbor). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or Z No Funds Available ❑ Yes Z No Account Number: Amount Budgeted: ATTACHMENTS: Planning and Zoning Packet, Minutes, and Results Letter APPROVAL FOR AGENDA: SUMMARY STATEMENT: The City of Old Harbor and the Old Harbor Native Corporation have made plans to expand the Old Harbor Airport to increase the safety and capability of this essential transportation infrastructure. In particular, the project will require substantial relocation of material on the site and drainage improvements. This will require a new survey at the conclusion of the project to account for the material relocations and overall increase in area coverage. When the existing Old Harbor Airport was constructed the project was granted a zoning Exception by the Planning & Zoning Commission. This procedure is no longer in the code for various reasons, but all existing Exception uses are considered to be Noncomforming Uses. This means that they can continue to be used and maintained but not expanded. This rezone is consistent with the comprehensive plan designation and also will bring the Old Harbor Airport zoning into compliance with KIBC Title 17 Zoning. The Commission held a public hearing on April 17, 2013 on this request and found the request is consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A recommendation for approval has therefore been transmitted to the Assembly for this request. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013-18 in first reading to advance to public hearing at the next meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: P&Z Commission 1 Drafted by: Community Development 2 Introduced: 06/06/2013 Public Hearing: 3 Adopted: 4 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2013-18 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 REZONING THE OLD HARBOR AIRPORT SITE, AS IT MAY BE FIXED BY SURVEY AT 11 THE CONCLUSION OF NEW CONSTRUCTION IMPROVEMENTS, FROM R1-SINGLE- 12 FAMILY TO LI-LIGHT INDUSTRIAL ZONING DISTRICT. 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone the Old 15 Harbor Airport site which is or will be about 80 acres in area, 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: The Old Harbor Airport, as it may be fixed by survey at the conclusion of 34 the planned construction improvements, is hereby rezoned from R1-Single- 35 family Residential to LI-Light Industrial. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 38 Commission are hereby confirmed as follows: 39 40 41 17.205.020 A. Findings as the Need and Justification for a Change or 42 Amendment. 43 44 The proposed rezone of the Old Harbor Airport from R1-Single-family Residential to LI-- 45 Light Industrial is needed in order to enhance the safe operation of the airport and to 46 increase its capability to support the use of the airport by larger cargo rated aircraft. The 47 improvements will be carried out to ADOT&PF and FAA standards and when completed 48 should also provide additional opportunities for economic development within the Old 49 Harbor community. 50 The rezone will eliminate the nonconforming status of the existing airport and allow the 51 expansion of the airport to improve safety, increase capacity, and generally bring the 52 expanded airport into full compliance with all current and applicable FAA regulations Kodiak Island Borough, Alaska Ordinance No. FY2013-18 Page 1 of 2 53 pertaining to utility airports. After the zoning becomes effective, a single conditional use 54 permit will allow all future airport related development as a "use-by-right" that will be 55 eligible for "over-the-counter" zoning compliance review. The proposed rezone will not 56 create any nonconforming lots or uses. 57 17.72.020 B. Findings as to the Effect a Change or Amendment would have 58 on the Objectives of the Comprehensive Plan. 59 60 The proposed LI--Light Industrial zoning district is generally consistent with the objectives 61 of the 2008 Kodiak Island Borough Comprehensive Plan Update and the incorporated Old 62 Harbor Annex to that plan. 63 64 65 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 66 THIS DAY OF 2013 67 68 69 KODIAK ISLAND BOROUGH 70 71 72 73 Jerome M. Selby, Borough Mayor 74 75 ATTEST: 76 77 78 79 Nova M. Javier, MMC, Borough Clerk 80 81 Kodiak Island Borough, Alaska Ordinance No. FY2013-18 Page 2 of 2 >^ 0%, Kodak Island It oro rgh /. Community Development Department • 710 Mill Bay Road JE114 a p-re.,c � Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us April 24, 2013 Old Harbor Native Corporation 2702 Denali Street, Suite 100 Anchorage, AK 99503 Re: Case 13-026. Request a Rezone investigation, according to KIBC 17.205, to allow for the proposed expansion of the Old Harbor Airport, from RI-Single-family Residential to LI- Light Industrial, and; A Conditional Use Permit, according to KIBC I7.200.040.A, to allow a "new" airport in the LI-Light Industrial zoning district, in addition to all aviation related uses that may develop in conjunction with the expanded airport design. Tract A, ANCSA 14(c) Plat 96- 33, Old Harbor, AK Airport. RI-Single-family Residential. Dear Ms. Cynthia Lopez: The Kodiak Island Borough Planning &Zoning Commission at their meeting on April 17, 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 rezone 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: REZONE FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The proposed rezone of the Old Harbor Airport from R1-Single-family Residential to L1--Light Industrial is needed in order to enhance the safe operation of the airport and to increase its capability to support the use of the airport by larger cargo rated aircraft. The improvements will be carried out to ADOT&PF and FAA standards and when completed should also provide additional opportunities for economic development within the Old Harbor community. The rezone will eliminate the nonconforming status of the existing airport and allow the expansion of the airport to improve safety, increase capacity, and generally bring the expanded airport into full compliance with all current and applicable FAA regulations pertaining to utility airports. After the zoning becomes effective, a single conditional use permit will allow all future airport related development as a "use-by-right" that will he eligible for "over-the-counter" zoning compliance review. The proposed rezone will not create any nonconforming lots or uses. 17.72.02013. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed LI--Light Industrial zoning district is generally consistent with the objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update and the incorporated Old Harbor Annex to that plan. CONDITIONAL USE PERMIT FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Old Harbor Airport is a nonconforming land use located within the RI-Single- family Residential zoning district. The airport was originally permitted under the zoning Exception procedure and at the time in 1990 was a vast improvement over the old airport that was abandoned in the Old Town section of Old Harbor. The bulk of airport expansion activities will be located away from residential development in the area. Although laden cargo aircraft may increase the noise of airport operations, the use of larger aircraft will also require fewer trips into and out of the community. The airport needs to he expanded in order to enhance air safety and to provide for economic development opportunities in the community that cannot be supported by the aircraft for which the airport is currently rated. The airport expansion will comply with all applicable airport regulations promulgated by ADOT&PF and the FAA. The CUP for the LI-Light Industrial zone is intended to provide for long term approval of future airport and airport related developments, essentially making them an "over-the-counter" permit review. The LI-Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the expanded utility airport project is reviewed for zoning compliance, the City of Old Harbor will be required to submit a more detailed site plan for review by borough staff Staff will then ensure that the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. A survey will conducted at the conclusion of the project to ensure that the bulk of disturbed cut and fill areas are contained within the expanded airport boundary. 3. That granting the conditional use -permit will not be harmful to the public health, safety, convenience and comfort The Old Harbor Airport has been operating at its present location for many years. This use is nonconformity in the RI-Single-family Residential zoning district. The existing airport is ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location will not create any conflict between air traffic and birds that are attracted to the Old Harbor Landfill. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. While the LI--Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT&PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The current location of the airport is in the only location in Old Harbor that can provide for the expansion of airport design and use by providing adequate land area for the applicable ADOT&PF and FAA standards to be accommodated in the design and construction of the expanded airport. 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, Re1_Q& ; ' Sheila Smith Secretary CC: Nova Javier, Borough Clerk Alaska Department of Transportation &Public Facilities City of Old Harbor PUBLIC HEARINGS A) Case 13-023. Request a rezone,per KIBC 17.205.030 B to rezone a Portion of Tract 6, United States Survey 5509, Port Lions from Rural Residential Two Zoning District to PL- Public Use Zoning District, and, a site plan review for the construction of a sewage lagoon on same said parcel, according to KIBC 17.30.020 P. The applicant is City of Port Lions and the agent is Kathryn Adkins, Port Lions City Clerk & Grants Coordinator. The location is a portion of Tract 6, Port Lions 1st Addition, and the zoning is RR2-Rural Residential Two. Dvorak gave a report on the need of a sewage lagoon and an approved site plan. COMMISSIONER SCHMITT MOVED to recommend a rezone, per KIBC 17.205.030.B to rezone a Portion of Tract 6, U.S. Survey 5509, Port Lions Subdivision,First Addition from RR2-Rural Residential Two to PL-Public Use Land, and to adopt the/findings contained in the staff report dated May 3, 2013 as "Findings of Fact" for this case. , There was no public testimony. Discussion REZONE FINDINGS OF FACT A. Findings as to need and justification for a change of amendments. . The City of Port Lions need to develop sewage sludge lagoon in order to comply with ADEC requirements. The Alaska Native Tribal, Health Consortium is providing design and construction for the proposed facility and the City of Port Lions is providing the land for the facility. The proposed sewage sludge lagoon will be located adjacent to the existing community landfill which appears to be the most appropriate location for the community which must balance transport distances and availability of land suitable for the purpose. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The 2008 Kodiak Island Borough-Comprehensive Plan Update and the 1997 Port Lions Comprehensive-Community Plan both indicate this area should be developed for Residential rt purposes. This site is located adjacent to the existing solid waste landfill which is designated for Public\Use so that in this context\the rezone appears to be logical expansion of this designated site\for a closely reiated'land use. The overall pattern of the plan map is not substantially altered as a result'of this change. It should also be noted that although the surrounding site'has\historically been designated for residential use, this area has in fact served a needed buffer'area around these industrial/utility land uses. C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough-Planning and Zoning Commission recommend approval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to grant approval, according to KIBC 17.130.020.P (Site Plan Review - Utility Installation) for a conceptual site plan on a Portion of U.S. Survey 5509, Port Lions Subdivision First Addition, to allow a proposed sewage sludge lagoon as described in the application materials submitted for this case, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated May 3, 2013 as "Findings of Fact" for this case. There was no public testimony. 5/15/2013 P&Z Minutes Page 2 of 11 During discussion COMMISSIONER SCHMITT read the proposed second condition of approval that he added into the motion. Commission consensus to make sure it's done properly. CONDITIONS OF APPROVAL [1] Site Plan approval does not become effective until the PL-Public Use Land is approved by Assembly ordinance to be applicable on this site. [2) Prior to issuance of a zoning compliance permit for the proposed sewage lagoon, the City of Port Lions present evidence of ADEC approval of the site plan/development plan. Findings of Fact [1] Development of a Sewage Sludge Lagoon benefits the health, safety and general welfare of the residents of Port Lions. [2] The proposed Sewage Sludge Lagoon will help the,Port/Lions community comply with applicable ADEC sludge disposal regulations. [3] This conceptual site plan review balances the community need for an expeditious review of the proposed Sewage Sludge Lagoon with the,need to ensure that the proposed facility is an appropriate fit for the proposed location and development context and there is sufficient information presented to make this finding. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C B) Case S13-022 (Prior Case No.,S92-009). Request'Preliminary approval, according to KIBC 16.40, of the vacation of Lots 1C and 1D, Block,5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easemerit,,and replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision per KIBC 16.60.060. The applicant is Stanley Ness and the agent is Horizon Land Surveying.,The location,is 11097 Chiniak Drive & 10906 Middle Bay Drive. and the zoning-is'RR-1 Rural Residential Zoning District. Lydick reported this request wouldn't be before,the commission absent the requested utility easement vacation. The'lot'line adjustment and utility easement vacation was approved by the commission 21 years ago in anon-controversial decision. Unfortunately, the applicant didn't complete;the ,administrative,process within the required time frame and is requesting permission/to proceed with the utility easement vacation again. As before staff hasn't identified any issue of concern related to this request. Staff recommended approval of this request subject.to 1 condition of approval. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the vacation of Lots 1C and 1D Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utilityveasement' and replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision per KIBC 16.60.060;subject to one (1) Condition of Approval, and to adopt those findings in the staff report dated May 3, 2013, as Findings of Fact for Case No. S13 - 022. There was no public testimony. CONDITION OF APPROVAL [1] The vacation of a platted utility easement must be approved by the Kodiak Island Borough Assembly, per Section 16.60.060 A (Additional Approval Required) of the Borough Code. 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. 5/15/2013 P&Z Minutes Page 3 of 11 Public Hearing Item 7-E P&Z: April 17,2013 Weep Overlay Request:A Rezone investigation, according R3OJ ��157.205, Q0 allow Q7Pfg proposed expansion @Q�Oo • Harbor Airport, 13-U26 from R.1-Single-family Residential20224W Industrial,j: a @DV aOId Harbor ConditionalUPermit, accordingQ� . c gID.120.040.A, 20 allow a 'new" airport Qil)(�ln@ LI-Light Industrial zoning district, to addition 60d aviation related uses(n03G develop ill conjunction aft expanded airport design. 4:: (,f lira F+y 11` 14'S '-,1 is R e{¢r", `tt '+ ¢ r s b � it ja td j%t l ZP.. { ,- L Y' Oi / i, 't'Y ,emu .Yy{ .,e .` f dr,f. 3 R. p s %. x..a 4 f(s 'r +g '.# X"� 'rl �'k .fpp'f'X�,.;;� rho ♦'xV tr iv' 1• 'v't ' , tk 3 °�' .p a S ,, . ! ., ,/ t iv t , *t s t .„5 r' t� 'K a at�:fl?a ;'i •*,- y„+y. , #�' 5 .�,$�''X % eti .,p f ' R''ki t t e1 yaG "� k c r 4,5.e r� P y` � � ' �f .N-"^' rt"e' A 's.,•---..-ze y s c a. !.:.,,t$,..41 . .*` r n o -,...Ask....,--”.... ffys ', *" t> • .,k , °'s ..'..•AL <-7 "'hi n.� tis,r�. d y „y. r r"}99'1 $'.�5+[6y �•• ', <,e Zy.4 a.. ti, to i a i a yt�`•+3 �2�T' .' .j'n >,t k1L1 "yam , P' • r v Ire?... 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C �a �-7-41' 'ri3l°tC.y t"MC.3 - rt/ ,.', ;:45 4 < `t e; ,r111. •.`$1�u6`t1 �' 3 r r K x ' [i .. Subject Location p{ 1' t- fsp1 {� r �l4 Vii( . iW� 't f !r fi ��rr 'p�Y i � �, ,, I f Py ,`i' ,�yL+dsi"r,� @ �wr a u +or^+ t`r. Jr =' - - t .m 6 �' r x� ':r.S .t , 4 1, F qi{., ff -,+R r, $ a+tiwX.�,.. §. 1 *;Ae Kodiak Island Borough GIS System lor - 0 385 770 1,540 2,310 80 i This map was prepared from the Kodiak Island Boroughs GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Introduction-Page 1 of 3 Public Hearing Item 7-E P&Z: April 17,2013 Location Request:A Rezone investigation, according53C 1 205, ,, „; 90 allow(tgebg proposed expansion€ ag o e Harbor Airport, 1Pu!k 13-026 . , from R'1-Single-family Residential go LI-Light Industrial,q8A gthi9 CO Old Harbor Conditional Up Permit, accordingapPrigQa.120.040.A, (D allow f)690tie airportftiftiGMEM Industrial zoning district, Oitl addition aDEfll aviation related im263002 Gwdevelop$0 conjunction lu gkgexpandedairportdesign. # , c)Pc,,,.... _. --- ihr i . • r / , ...... ., / 5 71RiP Ai \)) /r oo � ¢ L' \ N_,------ i 41/4 / / / /1 \ f � fl A¢ Kodiak Island Borough GIS System •l A�°1 . 0 1,375 2,750 5,500 8,250 11, r 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-E P&Z: April 17,2013 Kodiak Island Borough Zoning Map Community Development Department I Request:ARezone investigation, accordingti 27.205, @Eagle Zoning ID allow proposed expansion 00t�'lnp o a Harbor Airport, 13-026 from R.1-Single-family ResidentialRD LI-Light Industrial,F„bloA Conditional UM Permit, according 60 GEC 2%120.040.A, gaV CO all Harbor tb allow© airporttai@LI-Light Industrial zoning district, 0",tl addition TA)aviation related uses getERffifiv develop conjunction Wean@ expanded airport design. it 4 • I 1 , , 7, ) , . • \ :.. ), .. ... ......,,,,..- \ ... • ra II , . I Legend if Ii, II Subject Location 1. l lir I Zoning Legend Public Use Lands I Rural Residential 1 Multi Family Residential ER Light Industrial �N Watershed Rural Residential 2 Business • Rural Neighborhood Commercial Conservation Single Family Residential Retail Business 14,7 Urban Neighborhood Commercial Rural Residential Two Family Residential Industrial Natural Use I I This map was prepared from the Kodiak Island Borough's GIS System. It is provided far 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-E P8Z: April17, 2013 �} �F� Submit by Email Kodiak Island Borough � 'fa_ {- 1 Y�i fr Ylre��_ y %o;. Community Development Department + v ` 1 V C „"" yo 710 Mill 9 K 205 ...� ' Kodiak AK 996151 5 Ph.(907)486-9362 Fax(907)486-93% — - MAR - 1 2013 htto://www.kodiakak.uc 13-02 Co COMMUNITY DEVELOPMENT DEPARTMENPROP_iD Application for Rezone KIBC 17.205 The following information is to be supplied by the Applicant: Property Owner/Applicant The City of Old Harbor Mailing Address: 2702 Denali Street Suite 100 Anchorage,AK 99503 Phone Number. 907-278-6100 Other Contact email,etc.: Cynthia Lopez Sr.Project Executive-City of Old Harbor;cberns@oldhabor Legal Description: Subdv: Tact A,Old Harbor,AK Airport Block Lot: Street Address: Airport Road Current Zoning: RI KIBC 17.75 Proposed Zoning: Light Ind KIBC 17.120 Applicable Comprehensive Plan: A.Kodiak Island Comprehensive Plan Update 2008 Explanation of the need&justification for a change or amendment of zoning: The City of Old Harbor Is accessible only by air and water. Kodiak Island Comprehensive Plan Update 2008(hereinafter K.C.P.),p.33. Currently,the City has a 2,750-foot gravel strip that is not large enough to accommodate larger,freight cargo aircraft. K.CP.,p.33. The Community of Old Harbor is in the process of building a fish processing facility and other economic developments In the area. These economic goals necessitate a safer and longer runway to accommodate larger,freight cargo aircraft and commercial aircraft. The City's airport Is currently zoned as Residential-1,but the RI zone restricts the City's ability to extend and expand the airport. Other airports on Kodiak Island are zoned Light Industrial,as such,the City seeks to rezone the land from RI to LI. The rezoning will allow the City to proceed with Its safety enhancement and runway extension project(the Project). As the KCP.discusses the existing Old Harbor airport Is insufficient to generate economic diversification,safely host larger freight or increased air traffic. The Project will fix all of these inadequacies but in order to accomplish these goals the Old Harbor airport must be rezoned to LI. Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: The City's goals and objectives for expanding and extending the runway are consistent with the objectives of the Kodiak Island Comprehensive Plan Update 2008. The Comprehensive Plan's objectives for the airport are as follows: "Improvements to transportation infrastructure would allow economic diversification,e.g.tourism and value-added products; "enhance freight transportation capability,especially for gas and building materials,"and`expand water and air access through the development of ... airport expansion." KCP.,pp.36,37. Rezoning the airport will allow the City to proceed with its safety enhancement and runway extension plan. Ultimately,the project will generate economic diversification In Old Harbor,enhance transportation capability, improve air transportation safety,and Increase air access to Old Harbor. Date: s //�2 Signature: ° �� / (JFO / J fir/ Oki At Corl(1oyu. iovt Application-Page 1 of 27 Public Hearing Item 7-E P&Z: April 17, 2013 CDD Staff Certification / Date: ///24/3 CDD Staff: Pr" Payment Verification Fee Payable in Cashier's Office Room If 104-Main floor of Borough Building /rLs(5pS Not Applicable r $0.00 _ll 8 Less than 1.75 acres: r $350.00 1.76 to 5.00 acres: r $750.00 5.01 to 40.00 acres: r $1,000.00 MAR ?TA I ' r 40.01 acres or more w woo= KODIAKISIANDBOROUGH 110 MUM'?RD,,KODIAH,MK99615 Application-Page 2 of 27 Public Hearing Item 7-E PBZ: April 17,2013 1 Kodiak Island Borough : .� . j - Office of the Borough Mayor A f 710 Mill Bay Road r� > Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 November 15, 2011 The Honorable Sean Parnell Governor of Alaska P.O. Box 110001 Juneau, Alaska 99811-0001 Dear Governor Parnell: The Kodiak Island Borough supports the City of Old Harbor's request for the capital funding needed to expand the existing airport in Old Harbor. The project has been submitted as a high priority by the City of Old Harbor and included on the village projects list submitted by the Kodiak Island Borough for several years. This is a critical infrastructure need, vital to a successful future for Old Harbor. The airport is an essential transportation link for the people of Old Harbor and many business ventures. The community, both individuals and the Old Harbor Native Corporation, have developed economic opportunities for Old Harbor. However, the airplanes necessary to fly fish and other freight are too large for the current runway. Thus, the runway extension is a necessity for economic development to take place. The community has been proactive in securing funding assistance for this project which has included working with the military services to provide assistance in completing the project. This project would improve the critical transportation link for Old Harbor, provide new economic development opportunities, and expand tourism and other current business opportunities. The economic growth resulting from this project will add jobs and growth for Alaska's economy. Therefore, this would be an excellent project for the State of Alaska to invest capital funds into for the future. The Kodiak Island Borough and the City of Old Harbor would very much appreciate your favorable consideration of this critical job, economic development, and community sustainability project. Sincerely, KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Application-Page 3 of 27 Public Hearing Item 7-E P&Z: April 17,2013 • � 9ffittay lam? ©h PO Box 62,Old Harbor AK 99643 - / y a '�7jr�� fAS .raj Phone: (907)286-2215 fax(907)286-2277 rA ;.i1r> • • RESOLUTION # 2012-0602 A RESOLUTION TO APPROVE THE MEMORANDUM OF AGREEMENT ("MOA") BETWEEN THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES,THE CITY OF OLD HARBOR,THE OLD HARBOR NATIVE CORPORATION,AND THE ALUTIIQ TRIBE OF OLD HARBOR ENABLING THE ENTRY ONTO THE OLD HARBOR AIRPORT PROPERTY TO ACCOMPLISH PHASE I OF THE OLD HARBOR AIRPORT SAFETY ENHANCEMENT PROJECT. WHEREAS; the Alutiiq Tribe of Old Harbor is a federally-recognized Tribe; and WHEREAS; the Constitution of the Alutiiq Tribe of Old Harbor, dated February 7,2012, delegates representation of the Tribe to its Tribal Council ("Old Harbor Tribal Council"), and the Old Harbor Tribal Council exercises the powers as delegated to it by the.Tribe's Constitution, including the ability to waive of sovereign immunity for contracts or compacts; and WHEREAS; the Alutiiq Tribe of Old Harbor, along with the City of Old Harbor and the Old Harbor Native Corporation, seeks to enhance certain aspects of the Old Harbor Airport facilities Kodiak Island to expand transportation options for improved economic development,protect the health and safety of the community, and improve conditions for incoming and outgoing flights; and WHEREAS; the Alutiiq Tribe of Old Harbor will work with Department of Defense Innovative Readiness Training Office to assist with the Old Harbor Airport Safety Enhancement Project; and WHEREAS; the Old Harbor Tribal Council recognizes the need for the Phase I design, planning, and initial development measures, as described in the MOA; and WHEREAS; the Old Harbor Tribal Council wishes now to enter into the MOA with the State of Alaska so that it, its partners, and contractors may commence and complete the scope of work associated with Phase I of the Old Harbor Airport Safety Enhancement Project; and WHEREAS; in conjunction with the approval of the MOA herein, the Old Harbor Tribal Council, in accordance with its Constitution, grants a limited waiver of sovereign immunity for the purposes expressed in the MOA. NOW,THEREFORE BE IT RESOLVED that the Old Harbor Tribal Council hereby approves the execution and commencement of the MOA, and hereby agrees to all terms therein, with the State of Alaska Department of Transportation and Public Facilities, The City of Old Harbor, and the Old Harbor Native Corporation, thereby enabling entry onto the Old Harbor Airport Property to accomplish Phase I of the Old Harbor Airport Safety Enhancement Project. BE IT FURTHER RESOLVED that the Old Harbor Tribal Council hereby expressly waives the sovereign immunity of the Alutiiq Tribe of Old Harbor, in accordance with Article 13 of the Application-Page 4 of 27 Public Hearing Item 7-E P&Z: April 17,2013 Constitution of the Alutiiq Tribe of Old Harbor,for the limited purposes expressed in the MOA, and this limited waiver of sovereign immunity will not terminate or be rescinded until such time as the parties are satisfied that the terms of the MOA have been satisfied. BE IT FURTHER RESOLVED that the Old Harbor Tribal Council agrees that the State of Alaska may enforce the terms and conditions of the MOA against the Alutiiq Tribe of Old Harbor for specific performance of the MOA or, if such specific performance cannot be achieved by the parties, for an amount necessary to ensure that MOA has been satisfied thereof. BE IT FINALLY RESOLVED that the limited waiver of sovereign immunity does not entitle the State of Alaska to any property owned in fee or otherwise by the Alutiiq Tribe of Old Harbor. CERTIFICATION: This resolution was duly considered and adopted at a meeting of the Old Harbor Tribal Council of the Alutiiq Tribe of Old Harbor on May31_, 2012 at which a quorum of Council members were in attendance. For W against abstain_ Present absent O' a6/fltLat. President ■/ Vice President • ecretary/Treasurer ac Council Member ila..L. A -� Lrui / , Council Member 577LI 4. 7-2: i , Council Member Application-Page 5 of 27 • Public Hearing Item 7-E P&Z: April 17,2013 or F, t'``���I1/■ •■ STATE CAPITOL 1 10 __m 5501\'csl Seventh/Venue,Suite 1700 P.O. E3n� 110001 ~'" _ -- t r Anchorage,AK 99501 Juneau.AK 9981 I-0001 907-269-7450 907-465.3500 - f- fac 9117-26) 7.{61 fac 907-465-3532 wow.GoeAlaska.Gin• Governor Sean Parnell Governor@Alasl:a.Gov STATE OF ALASKA August 23, 2012 The Honorable Rick Berns Ms. Stella Krumrey Mr. Carl Marrs Mayor President Chief Executive Officer City of Old Harbor Alutiiq Tribe of Old Harbor Old Harbor Native Corporation P.O. Box 109 P.O. Box 62 P.O. Box 71 Old Harbor, AK 99643 Old Harbor, AK 99643 Old Harbor, AK 99643 Re: Request for Letter of Support for Innovative Readiness Training(IRT) Participation in Old Harbor Airport Expansion Project Dear Mayor Berns, Ms. Krumrey, and Mr. Mans, Thank you for writing to request a letter of support for Innovative Readiness Training program participation in the Old Harbor Airport Expansion project. I fully support programs that build infrastructure, create jobs for Alaskans, and foster community development. Please find enclosed a copy of my letter to Captain Karen Trueblood of the Innovative Readiness Training Program in support of their assistance with the Old Harbor Airport Expansion project. CPWAtille Bes regards , a am Governor Enclosure cc: Major General Thomas Katkus, Commissioner, Department of Military and Veterans Affairs The Honorable Marc Luiken, Commissioner, Department of Transportation and Public Facilities Mr. Kip Knudson, Director of Federal and State Relations, Office of the Governor Application-Page 6 of 27 Public Hearing Item 7-E P&Z: April 17,2013 ,Y 4� t� �I:� Jr STATE CAPITOL /day.,.� %A 550 West Seventh,Avenue.Suite 1 700 P.O. Box 110001 I !1 Anchorage.AK 99501 luneau.AK 99811-0001 , 907-269-7450 907-465-3500 '. n fax 907-269-7461 fax:907-465-3532 arw.Go'Alaska.Gov Governor Sean Parnell Gnecrnor @Alaska.Gov STATE OF ALASKA August 23, 2012 Captain Karen Trueblood Office of the Assistant Secretary of Defense, Reserve Affairs 1500 Defense The Pentagon Room 2E573 Washington, DC 20301-1500 Re: Innovative Readiness Training (IRT) Program Dear Captain Trueblood, I write in support of the International Readiness Training (IRT) program and ask for your continued participation in projects in the state of Alaska. The work of IRT reservists has made lasting contributions to the economic development of rural communities in Alaska through Arctic Care and projects such as the Walden Point Road in Metlakalla, Care Blossom Road Sanity,Alaska Airfields Sinvey, and Metanak. Many of Alaska's communities depend on air travel as their sole means of access for people, food,goods, and services.The community of Old Harbor is an example of a community served primarily by air. I support continued work by the IRT in that community and other regions of Alaska. With low population density and a high need for infrastructure projects throughout the state, we are grateful to the men and women of the United States military who have played significant roles in improving accessibility and airport safety for many rural Alaskans. The accomplishments of our service members both here and abroad show that these projects are mutually beneficial. We look forward to a continuing partnership. Thank you for your hard work and dedication to the betterment of Alaskans' lives. I appreciate your full consideration of project proposals submitted by Alaskan sponsors. Best regards Aamernor cc: Major General Thomas Katkus, Commissioner, Department of Military and Veterans Affairs The Honorable Marc Luiken, Commissioner, Department of Transportation and Public Facilities Mr. Kip Knudson, Director of Federal and State Relations, Office of the Governor Application-Page 7 of 27 Public Hearing Item 7-E P&Z: April 17, 2013 LISA MURKOWSKI 510 L STREET,SUITE 600 ANCHORAGE,AK 99501-1956 ALASKA (907)2]1-3735 COMMITTEES: lot 12TH AVENUE,ROOM 329 AK 99701 ENERGY AND NATURAL RESOURCES United *tates *m FAIR 190071 56-023362]8 RANKING MEMNkR am GUTSIER AVENUE,SUITE 101 APPROPRIATIONS WASHINGTON,DC 20510-0203 JUNEAU,AK 99801 HEALTH,EDUCATION,LABOR, 120212246665 190"11586-7271 AND PENSIONS 120212246301 FAX 805 FRONTAGF ROAD,SUITE 105 KENAI,AK 99611-9104 INDIAN AFFAIRS (907)283-5808 July 20, 2012 4079 TONGASS AVENUE,SUITE 204 KETCNIKAN,AK 99901-5526 (907)225-6880 951 EAST.WESTPOINT DRIVE,Sun E 307 WASILLA,AK 99657142 Mr. Carl H. Marrs 4(907)376-7665 Chief Executive Officer Old Harbor Native Corporation 2702 Denali Street, Suite 100 Anchorage, Alaska 99503-2747 Dear Mr. 71 Thank you for your letter regarding the City of Old I-Iarbor's application for a U.S. Army Corps of Engineers permit for the Air Safety Enhancement Project. Enclosed, please find the letter of support I sent to the U.S. Army Corps of Engineers, Regulator Division. Should you have any questions, please do not hesitate to contact Jeremy Price in my Washington,D.C. office at (202) 224-6665. Again,thank you for contacting me. Sincerely, isa urkowski United States Senator Enclosure HOMEPAGE AND WEB MAIL M URKOW SKI.SE NATE,GOV Application-Page 8 of 27 Public Hearing Item 7-E P&Z: April17,2013 LISA MURKOWSKI - - .I,I sl,,..I...IHI IAA/ ALASKA Iwtll an .u. CDMMI'TEES' Hn c'ii.An W.I.I:140' `I' ra.a....n 5.Ax 59IN fi)In I Nt Ii Y AND NAIJHA11if 51900.15 'United *totes �cnatr 1411!�nLLTtI Fngnrn.Allis n'll �IKI,\41' ` l,`_'` A" NG. Iii AIFOO'HIATIONti WASHINGTON,DC 20510-0203 IWIn lmti n)/ HEAL IN EUUCAi ION LANUS. pui :V; nbau AND At NSNNS 2012 A.r.r.I AK!Ibn:I D11_41 INDIAN AFFAIRS July 16, 000 NA:DION 40/9 L..m,+e.Av.".'I.S,.At 2114 At I: .. .,All WAD x.,, I041/,1/A-1308O ',V[•'.n:+,,IK yyf5G IIAJI ("Mil ;/I• 'lilt' US Army Corps of Engineers Regulatory Division CEPOA-RD Post Office Box 6898 JBER,Alaska 99506-0898 RE: Old Harbor Permit for Airport Safety Enhancement Project Dear Ms.Budnik: I write to express my support for the proposed Old Harbor project,the Airport Safety Enhancement Project(permit reference number POA-1986-95). I am told the project will provide a safer airport facility for residents of Old Harbor as well as those who visit Old Harbor.Old Harbor's slated project is expected to decrease turbulence that occurs during landings and take-offs. This turbulence is created by cross winds that are a result of the steeply cut hillsides on both sides of the airport runway.As these hillsides also protrude into designated airport safety zones,the hills' removal should make the landing strip considerably safer for aircraft. This infrastructure is also expected to help with the establishment of a frozen fish plant.Allowing the export of fresh fish product would provide economic prospects for the community and state as well as provide training opportunities for USACOE reservists who participate in the program. I support the efforts of Old Harbor to expand their airport for safety enhancement and economic development purposes, and 1 thank you in advance for your consideration. I urge the United States Army Corps of Engineers to give all due consideration to this permit,consistent with all relevant rules, laws, and regulations. Sincerely, 1 ma urkowski United States Senator HOME PAGE AND WEB MAIL MUHKUWSKI St NA 11 IUIV Application-Page 9 of 27 • Public Hearing Item 7-E P&Z: April 17,2013 MEMORANDUM OF AGREEMENT Between the STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES And THE CITY OF OLD HARBOR, OLD HARBOR NATIVE CORPORATION, AND THE ALUTHQ TRIBE OF OLD HARBOR 1. PARTIES The Parties to this Agreement are:the State of Alaska, acting through the Department of Transportation& Public Facilities(hereafter"DOT&PP"), the City of Old Harbor("the City),the Corporation of Old Harbor("the Corporation"), and the Alutiiq Tribe of Old Harbor ("the Tribe"). In this Agreement,the City,the Tribe and the Corporation collectively are referred to as "Old Harbor":the actions, responsibilities and commitments of any one entity of the City,the Tribe and the Corporation shall be considered the actions of all with the exception of the waiver of sovereign immunity, which shall be executed exclusively by the Tribe. To the extent that liability of any kind is imposed upon Old Harbor or its agents by the terms of this Agreement,the City,the Corporation and the Tribe shall be jointly and severally liable under all circumstances, 2. PURPOSE A. The purpose of this Agreement is to enable Old Harbor to enter onto the Old Harbor Airport Property in order to accomplish Phase 1 of Old Harbor's proposed Airport Safety Enhancement Project, B, The Project will be conducted in two phases: Phase 1 will develop the existing runway side cuts into usable embankment material for the runway extension. Phase 2 will extend the existing runway from 2,750 feet to 4,700 feet. Application-Page 10 of 27 Public Hearing Item 7-E P&Z: April 17,2013 C. Entering into this Agreement with regard to Phase 1 does not bind DOT&PF in any manner to agreeing to allow Old Harbor to proceed with any part of Phase 2 of the Project. 3. SCOPE OF WORK,PHASE 1 The Project Phase 1 is described at Attachment 1, "Old Harbor Airport Safety Enhancement Project", by Shearwater Systems LLC,and is incorporated by reference in this Agreement. Generally Phase l of the Project will involve removal of the overburden in order to reduce the turbulence of cross winds blowing across the existing cut which encompasses the central part of the runway. Suitable locations will be determined for stockpiling the overburden spoils,which may later be used in Phase 2 construction. 4. PLANNING, DESIGN AND RESPONSIBILITY DOT&PF enters into this agreement with a basic precept that Old Harbor will be able to accomplish the project(s)work independent of DOT&PF direct involvement and oversight except in the Department's capacity of ownership and operational responsibilities for the Old Harbor public airport facility and the interests and safety of the traveling public. Old Harbor agrees to obtain, through its own actions or those of its agent or contractor, all necessary regulatory permits and approvals or clearances as appropriate from State and Federal agencies. Irrespective of approval from other agencies, Old Harbor will certify to DOT&PF's satisfaction the adequacy of the following: a. Environmental permitting b. Right of way c. Design, including Erosion Sediment Control Plan; Storm Water Pollution Plan and Safety Plan, all to be accomplished by certified engineer on behalf of Old Harbor d. Any other required permits or approvals. Application-Page 11 of 27 Public Hearing Item 7-E PBZ: April 17,2013 Where DOT&PF as the landowner is required to sign permits or approvals, Old Harbor or its agent or contractor will prepare any such documents and DOT&PF will not unreasonably withhold its signature. 5. COMPLIANCE WITH ALL LAWS AND REGULATIONS Old Harbor agrees to comply, at no expense to DOT&PF.with all applicable requirements of Federal, State and local statutes,regulations and ordinances, specifically including but not limited to those requirements regarding rural projects, in effect during the term of this Agreement. Old Harbor agrees to comply with all applicable orders issued by DOT&PF, and all applicable requirements imposed on the Airport by federal law to ensure that eligibility for federal money or for participation in a federal aviation program by the Airport are not jeopardized. 6. INSURANCE At no expense to DOT&PF, Old Harbor will obtain and keep in force during the term of this Agreement,the following: a. Commercial General Liability: on an occurrence policy form covering all operations with combined single limits not less than: (1) $1,000,000 Each Occurrence; (2) $1,000,000 Personal Injury; (3) $2,000,000 General Aggregate; and (4)$ 750,000 Completed Operations Aggregate. b.Automobile Liability: covering all vehicles used in Project work with combined single limits not less than$1,000,000 each occurrence. Each policy must name DOT&PF as an additional insured. Old Harbor will provide DOT&PF with proof of insurance coverage in the form of an insurance Application-Page 12 of 27 Public Hearing Item 7-E P&Z: April 17,2013 policy or a certificate of insurance,together with proof that the premiums have been paid, and show types and monetary limits of coverage secured. Insurance must provide that DOT&PF be notified at least 30 days prior to any termination, cancellation or material change in the insurance coverage. If Old Harbor's insurance coverage lapses or is canceled,Old Harbor will immediately,upon written notice, halt all operations. Old Harbor will not resume operations until DOT&PF receives evidence that Old Harbor has obtained current insurance coverage meeting the requirements of this Agreement. 7. BONDING PERFORMANCE BOND: Old Harbor or its assigned contractor shall provide a Performance Bond on the form provided by the Department for the sum of two hundred fifty thousand dollars and 00/100($250,000.00) against the following: noncompletion of the work/abandonment of the site resulting in unsafe or unacceptable condition of the site,requiring DOT&PF to restore the site to usable conditions. The Surety on the bond may be any corporation or partnership authorized to do business in the state as an insurer under AS 21.09 or two responsible individual sureties approved by DOT&PF. PAYMENT BOND: Old Harbor shall provide a Payment Bond in accordance with AS 36.25.010(2) from a corporate surety qualified to do business in the state, or at least two individual sureties who shall each justify in a sum equal to the amount of the bond for the protection of all persons who supply labor and material in the prosecution of the work provided for in the contract: the amount of the bond shall be in the sum of one-half of the total amount provided for in the contract, which amount is one million nine hundred thirty five thousand two hundred dollars and 00/100 ($1,935,200.00). 8. INDEMNIFICATION Old Harbor will indemnify, save harmless and defend DOT&PF, its officers, agents and employees from and against any and all liabilities, losses, suits, administrative actions, claims, awards,judgments, fines, demands, damages, Application-Page 13 of 27 Public Hearing Item 7-E P&Z: April 17,2013 injunctive relief or penalties(specifically including but not limited to civil penalties assessed by the FAA, TSA,USDOT or any federal agency) of any nature or kind to the full extent of the loss or obligation for property damage,personal injury, death, violation of any regulation or agreement, or any other injury or harm, connected to or on account of Old Harbor's activities at or relating to the Airport, or any act or omission by Old Harbor,or by any of its agents or contractors. 9. HAZARDOUS SUBSTANCES A. If Hazardous Substances are handled on the Premises, Old Harbor agrees to identify to DOT&PF's satisfaction and employ properly trained personnel and adequate procedures,or safely storing, dispensing and otherwise handling Hazardous Substances in accordance with all applicable federal, state and local laws. B. Old Harbor will give DOT&PF notice of proceedings to abate or settle matters relating to the presence or release of a Hazardous Substance on the Premises or from Old Harbor's activities on the Airport. 10. PROHIBITED USES OF THE PROPERTY The following uses of the Premises are prohibited: 1. Any use of the Premises for anything other than activities in support of the Airport Safety Enhancement Project. 2. The establishment or maintenance of any kind of living quarters or residence on the Premises. 3. The outside storage on the Premises of junk, salvage parts, non-operational support equipment, unused or damage equipment, or solid waste or debris. 4. Erecting structures that would constitute an obstruction to air navigation, or allowing any activity on the Premises that would interfere with or be a hazard to the flight of aircraft, or interfere with air navigation or communication facilities serving the Airport. Application-Page 14 of 27 Public Hearing Item 7-E P&Z: April 17,2013 11. OPERATIONS A. SECURITY AND CERTIFICATION Old Harbor will follow all applicable requirements including but not limited to requirements required on rural airports of the Airport Security Program, Airport Certification Manual, and Airport Emergency Plan that are regulated by 49 CFR Parts 1542 and 139. Old Harbor will coordinate any Airport security matter with the DOT&PF. B. AIRPORT OPERATIONS Old Harbor will ensure that Old Harbor, its employees and anyone else acting by, on behalf of, or under the authority of Old Harbor on the Airport including any contractor of Old Harbor, will perform any construction, repairs, maintenance or other activities authorized under this Agreement in a manner that ensures the safety of people,the protection of public health and the environment, and the safety and integrity of the Airport and the Premises. Old Harbor will employ qualified personnel and maintain equipment sufficient for the purposes of this Agreement. Old Harbor will immediately notify DOT&PF of any condition,problem, malfunction or other occurrence that threatens the safety of people or the Airport, harm to public health or the environment, or the safety or integrity of the Premises. Old Harbor agrees to coordinate any and all activities that have operational impact with,and to the satisfaction of DOT&PF. This includes adherence to any safety stipulations necessary to ensure continued safe and efficient operation of the airport facility during the Project work. All coordination will be made with and through Airport Manager Robert M Greene (907-487-4952) stationed at Kodiak Airport. Old Harbor agrees that DOT&PF has the right to issue a stop work order on the Project if at time it deems Project conditions are unsafe or excessively impacting public use of the airport facilities. If a stop work order is issued, Old Harbor will remedy the condition at issue and/or return the facility to a condition acceptable to DOT&PF before the stop work order wilt be lifted. Application-Page 15 of 27 Public Hearing Item 7-E P&Z: April 17,2013 12. WAIVER OF SOVEREIGN IMMUNITY The Tribe agrees to grant a limited waiver of sovereign immunity for the purposes expressed in this Agreement. This Agreement will have no effect unless and until proof of the waiver of sovereign immunity with regard to this agreement has been established, specifically in the form of a resolution pursuant to the requirements of the Constitution of the Alutiiq Tribe of Old Harbor,specifically waiving any immunity front suit or execution with regard to the purposes expressed in this agreement, including the Indemnification Provision expressed at Clause 8 of this Agreement,passed by affirmative vote of at least 5 council members and evidenced by a written document contemporaneously signed by Council members voting in favor of passage of this waiver of sovereign immunity. The Tribe agrees that this waiver of sovereign immunity with regard to the purposes expressed in this agreement is a specific waiver that satisfies the requirements of Article 13, Section 1 D of the Constitution of the Alutiiq Tribe of Old Harbor. SIGNATURES: State of Alaska Departinerit of Transp i ttitiori.and Public Facilities By: /t .. .. .. Marc A. 14 ilCen Commissioner The Alutiiq Tribe of Old Harbor_ BY: ,A .e , Stella Krumrey . President P.O.Box 62 Old Harbor, Alaska 99643 Application-Page 16 of 27 Public Hearing Item 7-E P&Z: April 17,2013 The of Old Harbor: Mayon PA Box 109 014J-larbor,Akio $ Old Harbor Nati ±e Corporation Cad H.:Marrs Chief Executive,OffiOer PA Box 71 Old Harbor; Mat 99643 Application-Page 17 of 27 Public Hearing Item 7-E P&Z: April 17,2013 MEMORANDUM OF AGREEMENT Between the STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES And THE CITY OF OLD HARBOR A. PARTIES The Parties to this Agreement are the State of Alaska,acting through the Department of • Transportation&Public Facilities ("DOT&PF"),and the City of Old Harbor ("the City"). To the extent that liability of any kind is imposed upon the City or its agents by the terms of this Agreement,the City shall be liable under all circumstances. B. PURPOSE 1. The purpose of this Agreement is to enable the City to enter onto the Old Harbor Airport Property in order to accomplish Phase II of the City's proposed Airport Safety Enhancement Project and Runway Extension. 2. The Project will be conducted in two phases: Phase I will develop die existing runway side cuts into usable embankment material for the runway extension. Phase II will extend the existing runway from 2,750 feet to 4,700 feet. C. SCOPE OF WORK, PHASE II The Project Phase II is described at Attachment 1, "Old Harbor Extension Project," by Shearwater Systems LLC,and is incorporated by reference in this Agreement. Generally,Phase II of the Project will involve extending the runway from 2,750 to 4,700 feet. D. PLANNING, DESIGN AND RESPONSIBILITY DOT& PF enters into this agreement with a basic precept that the City will be able to accomplish the project(s)work independent of DOT&PF direct involvement and oversight except in DOT& PF's capacity of ownership and operational responsibilities for the Old Harbor public airport facility and the interests and safety of the traveling public. The City agrees to obtain, through its own actions or those of its agent or contractor,all necessary regulatory permits and approvals or clearances as appropriate from State and Federal agencies. -1- Application-Page 18 of 27 • • Public Hearing Item 7-E P&Z: April 17,2013 Irrespective of approval from other agencies, the City will certify to DOT&PP's satisfaction the adequacy of the following: 1. Environmental permitting 2. Right of way 3. Design, including Erosion Sediment Control Plan;Storm Water Pollution Plan and Safety Plan,all to be accomplished by certified engineer on behalf of the City 4. Safety Plan 5. Any other required permits or approvals. Where DOT&PF as the landowner is required to sign permits or approvals,the City or its agent or contractor will prepare any such documents and DOT&PF will not unreasonably withhold its signature. E. COMPLIANCE WITH ALL LAWS AND REGULATIONS The City agrees to comply,at no expense to DOT& PF with all applicable requirements of Federal, State and local statutes, regulations and ordinances, specifically including but not limited to those requirements regarding rural projects,in effect during the term of this Agreement. The City agrees to comply with all applicable orders issued by DOT&PF, and all applicable requirements imposed on the Airport by federal law to ensure that eligibility for federal money or for participation in a federal aviation program by the Airport are not jeopardized. F. INSURANCE At no expense to DOT& PF, the City or its assigned contractor will obtain and keep in force during the term of this Agreement, the following: 1. Commercial General Liability: on an occurrence policy form coveting all operations with combined single limits not less than: (a) $1,000,000 Each Occurrence; (b) $1,000,000 Personal Injury; (c) $2,000,000 General Aggregate;and • (d)$ 2.000.000 Completed Operations Aggregate. 2. Umbrella Coverage: an 'umbrella'policy of$5,000,000. 3. Automobile Liability: covering all vehicles used in Project work with combined single limits not less than$1,000,000 each occurrence. _9_ Application-Page 19 of 27 Public Hearing Item 7-E P&Z: April 17,2013 Each policy must name DOT& PF as an additional insured. The City will provide DOT& PF with proof of insurance coverage in the form of an insurance policy or a certificate of insurance,together with proof that the premiums have been paid,and show types and monetary limits of coverage secured, before work activities commence for the season, to the Old Harbor Airport Manager. Insurance must provide that DOT&PF be notified at least 30 days prior to any termination, cancellation or material change in the insurance coverage. If the City's insurance coverage lapses or is canceled,the City will immediately,upon written notice, halt all operations. The City will not resume operations until DOT&PF receives evidence that the City has obtained current insurance coverage meeting the requirements of this Agreement. G. BONDING 1. Performance Bond: The City or its assigned contractor shall provide a Performance Bond on the form provided by the Department for the sum of one million dollars dollars and 00/100 (51,000,000.00) against the following: noncompledon of the work/abandonment of the site resulting in unsafe or unacceptable condition of the site,requiring DOT &PF to restore the site to usable conditions. The Surety on the bond may be any corporation or partnership authorized to do business in the state as an insurer under AS 21.09 or two responsible individual sureties approved by DOT& PF. 2. Payment Bond: The City or its assigned contractor shall provide a Payment Bond in accordance with AS 36.25.010(2) from a corporate surety qualified to do business in the state,or at least two individual sureties who shall each justify in a sum equal to the amount of the bond for the protection of all persons who supply labor and material in the prosecution of the work provided for in the contract: the amount of the bond shall be in the sum of one-half of the total amount provided for in the contract. H. INDEMNIFICATION The City will indemnify, save harmless and defend DOT&PF,its officers,agents and employees from and against any and all liabilities,losses, suits,administrative actions,claims, awards, judgments, fines,demands,damages,injunctive relief or penalties (specifically including but not limited to civil penalties assessed by the FAA,TSA, US DOT or any federal agency) of any nature or kind to the full extent of the loss or obligation for property damage,personal injury,death,violation of any regulation or agreement,or any other injury or harm,connected to or on account of the City's activities at or relating to the Airport,or any act or omission by the City,or by any of its agents or contractors. I. HAZARDOUS SUBSTANCES 1. If Hazardous Substances are handled on the Premises, the City agrees to identify to DOT& PF's satisfaction and employ properly trained personnel and adequate procedures,or safely storing, dispensing and otherwise handling Hazardous Substances in accordance with all applicable federal, state and local laws. -3- Application-Page 20 of 27 Public Hearing Item 7-E P&Z: April 17,2013 2. The City will give DOT&PF notice of proceedings to abate or settle matters relating to the presence or release of a Hazardous Substance on the Premises or from the City's activities on the Airport. J. PROHIBITED USES OF THE PROPERTY The following uses of the Premises are prohibited: I. Any use of the Premises for anything other than activities in support of the Airport Safety Enhancement Project and Runway Extension. 2. The establishment or maintenance of any kind of living quarters or residence on the Premises. 3. The outside storage on the Premises of junk,salvage parts, non-operational support equipment, unused or damage equipment, or solid waste or debris. 4. Erecting structures that would constitute an obstruction to air navigation,or allowing any activity on the Premises that would interfere with or be a hazard to the flight of aircraft,or interfere with air navigation or communication facilities serving the Airport. K. OPERATIONS 1. Security and Certification: The City will follow all applicable requirements including but not limited to requirements required on rural airports of the Airport Security Program,Airport Certification Manual, and Airport Emergency Plan that are regulated by 49 CFR Parts 1542 and 139. The City will coordinate any Airport security matter with the DOT&PF. 2. Airport Operations: The City will ensure that the City,its employees and amrone else acting by,on behalf of, or under the authority of the City on the Airport including any contractor of the City,will perform any construction,repairs, maintenance or other activities authorized under this Agreement in a manner that ensures the safety of people, the protection of public health and the environment,and the safety and integrity of the Airport and the Premises. The City will employ qualified personnel and maintain equipment sufficient for the purposes of this Agreement. The City will immediately notify DOT&PF of any condition,problem,malfunction,or other occurrence that threatens the safety of people or the Airport, harm to public health or the environment,or the safety or integrity of the Premises. The City agrees to coordinate any and all activities that have operational impact with, and to the satisfaction of DOT& PF. This includes adherence to any safety stipulations necessary to ensure continued safe and efficient operation of the airport facility during the Project work. All coordination will he made with and through Airport Manager Robert M. Greene (907-487-4952) stationed at Kodiak Airport. The City further agrees to: -4- Application-Page 21 of 27 Public Hearing Item 7-E P&Z: April 17,2013 a. Submit a safety plan, to the satisfaction of the Airport Manager, for the season's planned work a minimum of two weeks before the commencement of work. The City will not commence work without the explicit approval of the Airport Manager in writing. b. Notify the Airport Manager in writing a minimum of two weeks before cessation of work for the season. DOT&PF will not permit storage of anything other than material stockpiles on the airport property over the winter months,and is not liable for the security of any equipment or vehicles on the property at any time. The City agrees that DOT&PF has the right to issue a stop work order on the Project if at time it deems Project conditions are unsafe or excessively impacting public use of the airport facilities. If a stop work order is issued, the City will remedy the condition at issue and/or return the facility to a condition acceptable to DOT& PF before the stop work order will be lifted. SIGNATURES: State of 11.laska Depa i nt of TE.nspo ration and Public Facilities Date: 10..j) ')2 By: X11 A Ail Pakiemp VW!c1 CwTtgE& missioner W11 o NIL-- p l fbt,Gl'J r The City of Old Harbor Date: October 4. 2012 By: .Z Rick Berns Mayor P.O. Box 109 Old Harbor,Alaska 99643 5- Application-Page 22 of 27 Public Hearing Item 7-E P&Z: April 17,2013 LAND USE AGREEMENT REGARDING ENTRY ONTO OLD HARBOR AIRPORT This access agreement is entered into by and between the State of Alaska, Department of Transportation and Public Facilities, hereinafter referred to as the "State", and the City of Old Harbor, hereinafter referred to as "Old Harbor", for the purpose of entering onto the Old Harbor Airport property owned by the State, in order to perform work on the Old Harbor Runway Extension Project(hereinafter referred to as "the Project".) It is understood by the State and by Old Harbor that this agreement is subject to the following conditions: L Old Harbor may allow contractors, subcontractors, voluntary workers and specifically members of the Innovative Readiness Training team of the.Department of Defense to participate in the Project as agents of Old Harbor; 2. If the State determines it is not in the best interests of the State to permit access to the airport property, or if the Project, or access to the Project, interferes with the present or future operations objectives of the State, the State reserves the right to cancel this agreement with 30 days written notice to Old Harbor; Application-Page 23 of 27 Public Hearing Item 7-E P&Z: April 17,2013 3. This agreement grants only Old Harbor and its agents access to the property and is not transferable; 4. Old Harbor agrees to protect, indemnify and save harmless the State, its agents and employees, from and against all claims, demands, suits, liability and expense, by reason of loss or damage to any properly or bodily injury to any person whatsoever that may arise from Old Harbor or its' agents activities arising from the Project . ji751.4.2 Marc A. Luiken Commissioner, Alaska Department of Transportation and Public Facilities Date: 16 Le, ►Z. For the City of Old Harbor Date: 1-3o-20 t2 Application-Page 24 of 27 Public Hearing Item 7-E P&Z: April 17,2013 Kodiak Island Borough _ 1 n V L i ' 44 _ I _ Submit by Email a ,; Community Development Department L C ' •tr.l'r 710 Mill Bay Rd.Rm 205 Kodiak AK 99615 Ph.(907)486-9362 Fax(907)486-9396 MAR — 1 2013 I �j -O 2-4° httoi/www.kod iaka k.us COMMUNITY DEVELOPMENT DEPARTMENT PROP_ID Conditional Use Permit Application KIBC 17.200 The following information is to be supplied by the Applicant: Property Owner/Applicant: Old Harbor Native Corporation and DOT/PF/The City of Old Harbor Mailing Address: 2702 Denali Street,Suite 100 Anchorage,AK 99503 Phone Number: 907-278-6100 Other Contact email,etc.: Cynthia Lopez,Sr.,Project Executive-City of Old Harbor,cberns @oldharbor.com Legal Description: Subdv: Tract A,Old Harbor Air ort P Block: Lot: Street Address: Airport Road Present Use of Property: A majority of the existing property is currently used as an airport with a supporting apron and hanger area. The runway at the Old Harbor airport is currently owned by the Alaska Department of Transportation and Public Facilities. The area surrounding the runway is undeveloped,natural land,that is owned by the Old Harbor Native Corporation. Proposed Use of Property: The City of Old Harbor has contracted with the Alaska Department of Transportation and Public Facilities,Old Harbor Native Corporation,and DOD via the Innovative Readiness Training for the Old Harbor Safety Enhancement and Runway Extension Project(the Project). The proposed use of the property will be continued use as an airport and natural land. The existing runway is only 2,750 feet in length,and the Project will extend the runway to 4,700 feet long. (See Attachment) (Note:Use additional sheets,If needed,to provide a complete description of the proposed request.) Site Plan.A detailed site plan showing the proposed location of all buadings&structures on the she,access points,drainage,vehicular&pedestrian circulation patterns,parking areas,&the specific location of the use or uses to be made of the development SHALL be submitted with the application together with other information as may be required to comply with the standards for a conditional use listed In this chapter&in other pertinent sections of this chapter. Respond to each of the following standards as they apply to your request. A. That the conditional use will preserve the value,spirit,character&integrity of the surrounding area; Currently, the area is an airport and undeveloped land. The conditional use permit will allow the City to complete the Project. Ultimately,the Project will expand and extend the airport runway and will leave the natural land undeveloped. Expanding the airport and improving safety is consistent with both the spirit,integrity and character of the surrounding area and the Kodiak Island Comprehensive Plan Update 2008. B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in questiort yes. Application-Page 25 of 27 Public Hearing Item 7-E P&Z: April 17,2013 C. That granting the conditional use permit will not be harmful to the public health,safety,convenience&comfort The existing runway does not meet FAA safety requirements because it is too short and too narrow. Granting the conditional use permit will enhance public health, safety,convenience,and comfort by making the airport safer. The land immediately adjacent to the runway is undeveloped and uninhabited by people. These areas are not suitable for development due to the lack of access roads,wetland(See Attachment) D. That sufficient setbacks,lot area,buffers or other safeguards are being provided to meet the conditions listed The proposed use will include land of In subsections A through C of this section; sufficient size to meet FM safety requirements. The runway is currently 60 feet wide,the Object Free Area(OFA)will be expanded to 250 feet either side of the center line,or 220 feet from the edge of the runway. E. If the permit is for a public use or structure,the commission mustfindthat the proposed use or structures The existing runway and airport are located in a manner which will maximize public benefits; used by the public. The Project,through the conditional use permit,will maximize public benefits because the expanded airport will be able to accommodate larger freight cargo and increased air traffic. This will generate economic diversification and development for residents of Old Harbor. The Project will also enhance public safety by expanding and extending the runway. Applicant Certification: I hereby certify as the property owne,/authorized agent thatthn applkation for a&ZCommlulon review is true and complete to the best of my knowledge,and that it I submitted in accordana with the requirements of the applicable Kodiak island Borough Code,which includes adetaikd site plan for the conditional use request and may include optional supporting documentation as Indicated below. Additional Narrative/History: YES Photographs: NO As-built Survey: NO Maps: YES List Other Date: Y t L i � l ) Signature: ` i. 10 i.4 COD Staff Certificatio I I Site Plan Submitted? o ^ Cu ent to„ �/� S�2 Date: 3 j 120(3 CDD Staff. I r Payment Verification Fee Payable in Cashier's Office Room ft 104-Main floor of Borough Building F e,e, fthr CUP W c&4 „ a 44 ►� co . - t S- lam \ S w b ■1 ,^�ppli.�• . ,!.,,� IY`f I .2A „,�sa--eo -d\ "2. Public Hearing Item 7-E P&Z: April 17,2013 Attachment to: Conditional Use Permit Application KIBC 17.200 (c) Additional Narrative/History Proposed Use of Property: (cont'd)Additionally, the current runway has steep side slopes that do not meet FM safety requirements, as such, these high banks will be cut back to meet the FM obstruction requirements. The Old Harbor Native Corporation will transfer title of the extended runway to the Alaska Department of Transportation at the completion of the Project. C. That granting the conditional use permit will not be harmful to the public health, safety, convenience & comfort; (cont'd) conditions, lack of utilities and steep terrain. The conditional use will allow the Project to continue and ultimately the finalized runway will enhance public health, safety, convenience and comfort. Application-Page 27 of 27 Public Hearing Item 7-E P8Z: April17,2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 March 8, 2013 Public Hearing Item 7-E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 17,2013. 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: 13-026 APPLICANT: City of Old Harbor, Old Harbor Native Corporation, and Department of Transportation and Public Facilities. AGENT: Cynthia Lopez Sr. Project Executive-City of Old Harbor REQUEST: A Rezone investigation, according to KIBC 17.205, to allow for the proposed expansion of the Old Harbor Airport, from RI-Single-family Residential to LI-Light Industrial, and; A Conditional Use Permit, according to KIBC 17.200.040,A, to allow a "new" airport in the LI-Light Industrial zoning district, in addition to all aviation related uses that may develop in conjunction with the expanded airport design. LOCATION: Tract A, ANCSA 14(c) Plat 96-33, Old Harbor, AK Airport ZONING: RI-Single-family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm,on Tuesday April 2, 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 @kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting,on Wednesday, April 10,2013,a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#12I),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 1 of 4 I --- - - --.._ (1 1 1 1 f ) ■. ., PROPOSED LIGHT ,,.--:\....----...___,.INDUSTIAL ZONE / MIDWAY BAY u ri-lARFA'A' FILL AREA • ' I <,,- ... IV_ ) MARINE FILL, -- _• I i .. AREA 1 —- - "'''' \, I . ,--„--". .cr--.-71 LI q ( 1 ;TEMPORARY „,,9 BOUNDARY CUT AREA .. TAD AREA i I I \ - ---:, f -6,.:4 Ccro- ■, L- r•Ir-11-Ct-'n ------------_ac------==-='N-7- - .Itiltal / \ • -'"-- ,/1 L _____I APRON ri i ,._ \ ) t 4/ I / % _____\___\\ ■ CUT AREA CI, •,.---1-- ....1 ) —117:77—Mc --- I--I:234‘*-4.-Z.PTOITOcEDTATENBIOKI -III II ” iN. I -',",• C f -1 —, / I I 1 1 . r- i -\ -_ ,.., , .7,,,FILL AREA ' c i I J I -;,-...: or ..._- 5 FILL A EA 1 I CUT AREA I \ AREA PK MARINE FIt4 [.-- I \ BOUNDARY ) AREA 0 \ -" I 3 \‘`. \ I CI f \ PROPOSFD I IGHT 3 r... »L- \k..7.‘77-7>,..--- 1 INDUSTRIAL ZONE < i a Zt tyc-, NA l 12 fj: co i , m - „,___/1 FILL AREA I 0 &04 a / l --.., .-) _ .-------._ _/ c--\ , , „._ .‘ / ---___. .. 0 400 SOO I -----,..--_- \--7 /-./.1■/- -Ne■ 1 2C0 SOO SCALE 1"--200. ■ — -- I- .______ CITY of DLD HARBOR AIRPOR T - 24411 / [ _ SHEARWATE R 1 r_______ RUNWAY EXTENSION PROJECT 1 / -a I -- I' ------ ------ __ ______H__ s!c.„_HS/- r . LI si' TEMSLI.0 ___ I RUNWAY EXTENSION gb 5 N i ,.....s F 1 -----1 1 ZONING EXTENSION / 1 a, > 2), — i r '2,s s 41041-SITeet, 14/1/4/5.0/Co 45150 PH-;(513)24!1-49124 4/44-:( 14)249-9111 - if 5 ....- ,....= _ . =co _, _ _-.1 if m 3 cp --.1 :..; PT Public Hearing Item 7-E P&Z: April 17,2013 • WILFRED ALEXANDEROFF SERGIE ALEXANDEROFF MICHAEL ALEXANDEROFF PO BOX 95 PO BOX 53 PO BOX 54 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 PATRICK ANDREWVICH CHARLES ANDREWVITCH MITCHELL ANDREWVITCH ETAL PO BOX 83 PO BOX 91 PO BOX 16 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 TONY AZUYAK SR LUCY BERGMAN TRAVIS BERNS 611 W.32ND 616 E.74TH AVE. PO BOX 33 APT 95 ANCHORAGE,AK 99518 OLD HARBOR,AK 99643 ANCHORAGE,AK 99503 MELISSA BERNS RALPH CAPJOHN EMILY CAPJOHN PO BOX 46 PO BOX 15 326 COPE STREET OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 KODIAK,AK 99615 FRED CHRISTIANSEN MARY B CHRISTIANSEN ALMERIA CHRISTIANSEN PO BOX 6 PO BOX 22 PO BOX 7 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 DARLENE CHRISTIANSEN EMIL CHRISTIANSEN ETAL CARL CHRISTIANSEN JR P.O. BOX 65 8211 DEBARR RD PO BOX 94 OLD HARBOR,AK 99643 ANCHORAGE,AK 99504 OLD HARBOR,AK 99643 EMIL CHRISTIANSEN SR CITY OF OLD HARBOR GLEN CLOUGH 8211 DEBARR RD PO BOX 109 PO BOX 124 ANCHORAGE,AK 99504 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 ALFRED HANSEN JR WALTER HOK JOHN IGNATIN PO BOX 68 PO BOX 8518 PO BOX 76 OLD HARBOR,AK 99643 KODIAK,AK 99615 OLD HARBOR,AK 99643 WILLIAM IGNATIN SR MARTIN INGA SR. GENE A JOHANSEN 611 W.32ND ST#95 PO BOX 112 PO BOX 32 ANCHORAGE,AK 99503 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 PHILLIP JOHNSON KODIAK ISL HOUSING AUTH/GREGG KODIAK ISL HSG AUTH 1818 MISSION RD 3137 MILL BAY RD 3137 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 Public Comment-Page 3 of 4 • Public Hearing Item 7-E P&Z: April 17,2013 KODIAK ISL HSG AUTH/CHRISTIANS KODIAK ISL HSG AUTH/KELLY KODIAK ISL HSG AUTH/LARIONOFF 3137 MILL BAY RD 3137 MILL BAY RD 3137 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK ISL HSG AUTH/NAUMOFF KODIAK ISL HSG AUTH/NAUMOFF KODIAK ISL HSG AUTHORITY/KALUM 3137 MILL BAY RD 3137 MILL BAY RD 3137 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 GEORGE LARIONOFF MOSES LARIONOFF JR VICTOR C LARIONOFF SR PO BOX 28 PO BOX 28 PO BOX 13 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 ALEX MENSOFF JESSE MICKELSON ANNE MORDHORST PO BOX 107 1410 E. REZANOF DR PO BOX 52 OLD HARBOR,AK 99643 KODIAK,AK 99615 OLD HARBOR,AK 99643 GORDON NAUMOFF SR OHNC SETTLEMENT TRUST CITY OF OLD HARBOR PO BOX 42 P O BOX 71 P.O. BOX 109 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 OLD HARBOR LODGE,LLC OLD HARBOR NATIVE CORP OLD HARBOR TRIBAL COUNCIL 1100 SW 27TH ST P O BOX 71 P.O.BOX 62 RENTON,WA 98057 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 OLGA PESTRIKOFF LIANNA PETERSON CONRAD PETERSON PO BOX 111 PO BOX 141 PO BOX 29 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 OLD HARBOR,AK 99643 WANDA PRICE RICK ROZELLE ALEX B SHUGAK SR 1855 EDGEWOOD DR 1315 N. MONTANA CIRCLE PO BOX 123 CAMANO,WA 98282 HOMER,AK 99645 OLD HARBOR,AK 99643 LINDA SUYDAM JANET TUNOHUN LAURA MAE TUNOHUN PO BOX 987 2616 N.TAHITI LOOP PO BOX 125 KODIAK,AK 99615 ANCHORAGE,AK 99507 OLD HARBOR,AK 99643 Public Comment-Page 4 of 4 Vor Ty e.\\1y/��sT THE STATE Department of Transportation 6. -��� ;t4 of /0 LAS and Public Facilities CENTRAL REGION "Or ',w it ie GOVERNOR SEAN PARNELL Planning Oft, gkr• 4111 Aviation Avenue P.O.Box 196900 Anchorage,Alaska 99502 Main:907.269.0520 Fax:907.269.0521 January 23, 2013 Ms. Shelia Smith, Secretary Kodiak Island Borough 710 Mill Bay Road Room 205 Kodiak;AK 99615 Dear Ms. Smith: The Alaska Department of Transportation and Public Facilities(ADOT&PF)has no comment on the recently submitted plat: S13-019: Island Vista Subdivision b D S 13-026: Old Harbor Airport Expansion L APR - 1 2013 COMMUNlIY D'EVELOPMENTDEPARTMENT Sincerely, • Joselyn Hilo* Area Planner, • "Get Alaska Moving through service and infrastructure." Public Hearing Item 7-E P&Z: April 17,2013 MEMORANDUM DATE: April 1, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 17, 2013 CASE: 13-026 APPLICANT: City of Old Harbor AGENT: Cynthia Lopez, Senior Project Executive REQUEST: A Rezone investigation, according to KIBC 17.205, to allow for the proposed expansion of the Old Harbor Airport, from R1-Single-family Residential to LI- Light Industrial, and; A Conditional Use Permit, according to KIBC I7.200.040.A, to allow a "new" airport in the LI-Light Industrial zoning district, in addition to all aviation related uses that may develop in conjunction with the expanded airport design. LOCATION: ZONING: R1-Single-Family Residential Fifty-seven (57) public hearing notices were mailed on March 8, 2013. Date of site visit: No site visit was conducted 1. Zoning History: The 1968 Comprehensive Plan did not address this area. All land located within the corporate boundary of Second Class Cities in the Kodiak Island Borough were zoned R1-Single-family Residential by KIB Ordinance 77-19-0. The existing airport use was permitted by a zoning Exception as part of Case 90-043. When the Exception procedure was discontinued in 1992, all Exceptions previously granted became nonconforming uses. 2. Lot Size: Tract A Approximately 80 Acres* *(Note: The actual area of Tract A is currently 76.29 acres, per Plat 96-33, however the proposed airport expansion will result in a revised airport boundary to incorporate the areas of substantial disturbance and grading. The revised final boundary will likely include additional area but that won't be known with precision until after the project is completed. At that time new survey will be completed at the conclusion of the project. An estimate of 80 acres above is considered by staff to be a placeholder until such time as the new survey is completed and recorded, at which time the zoning should be conformed to that new legal description without further action by the borough.) Staff Report-Page 1 of 8 Public Hearing Item 7-E P&Z: April 17,2013 3. Existing Land Use: Utility Airport 4. Surrounding Land Use and Zoning: North: Unsubdivided & Unsurveyed Land Use: Vacant Zoning: RI-Single-family Residential South: Sitkalidak View Subdivision Use: Single-family Dwellings Zoning: RI-Single-family Residential East: Unsubdivided & Unsurveyed Land Use: Vacant Zoning: RI-Single-family Residential West: Unsubdivided & Unsurveyed Land Use: Vacant Zoning: R1-Single-family Residential 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this general area for future airport use. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.10.020 Reference and Use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. The Kodiak Island Borough Comprehensive Plan Update, 2007, prepared by Cogan- Owens-Cogan. 17.205.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Staff Report-Page 2 of 8 Public Hearing Item 7-E P&Z: April17,2013 17.205.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. 17.120.040 Conditional Uses. A. New airports (when a facility is granted a CUP, all aviation related uses will be considered permitted uses). COMMENTS The City of Old Harbor has initiated this review in anticipation of a two year airport upgrade project that will see the runway lengthened from 2,750 feet to 4,700 feet in order to safely accommodate larger cargo aircraft. The project, identified in the application as the "Old Harbor Airport Safety Enhancement Project" will included the runway lengthening and improvements to ensure that glide slopes, side slopes and airport parking and safety zones are in compliance with applicable FAA regulations for larger cargo rated aircraft. Although the Old Harbor Airport is one of the newer airports in the outlying Kodiak communities, the airport was permitted by a zoning Exception in Case 90-043. When the Exception procedure was discontinued in 1992, all existing Exception uses became nonconforming uses at that time. As a nonconforming use the existing airport would remain legal, however it is subject to limitations that would not allow the expansion of the use as currently proposed. The City of Old Harbor has requested a rezone of the proposed airport site to LI-Light Industrial which has become the de facto standard for airports within the Kodiak Island Borough. Although the airport is not truly a new airport, it will be a "new" airport for the purposes of the LI-Light Industrial zoning district. The zone requires a Conditional Use Permit (CUP) for all "new" airports after which time all future airport related uses may be permitted over-the-counter. As provided in past airport reviews, staff is presenting both the rezone and CUP as one case, however it should be noted that these are two distinct requests which will require separate motions by the commission. The CUP is dependent on the rezone, which must be referred to the borough assembly for final action and approval. As a result, the CUP may be approved by the Staff Report-Page 3 of 8 Public Hearing Item 7-E P&Z: April17,2013 commission, but it cannot become effective until the rezone is acted upon and approved by the borough assembly. In order to accomplish this project the City of Old Harbor has partnered with the Old Harbor Native Corporation and the Department of Defense. In addition, they have entered into agreements with the Alaska Department of Transportation & Public Facilities (ADOT&PF) which owns the airport making the City of Old Harbor the lead agency on this project. The city has provided substantial backup information related to the project and showing strong community and agency support. The staff report and recommendation will be presented as two related but distinct requests. The rezone criteria will be discussed first followed by the CUP criteria. REZONE REQUEST CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies the area of the Old Harbor Airport for airport purposes. The exact boundaries for the expanded airport are not precisely known however the proposed change of zoning is consistent with the goals and objectives of the Old Harbor community as represented in the comprehensive plan. ZONING/USE: The land is currently used for airport purposes. This use will not change substantially as the expanded airport will be still be used for air traffic arriving and departing the Old Harbor community. The ability to accommodate larger cargo aircraft provides potential for economic development within the community. In addition, the existing airport was created with some rocky bluffs remaining in the area of the side slopes. The proposed project will re-grade these areas to provide material for required fills and to meet the required 7 to 1 side slop requirement for larger aircraft. All aspects of the airport will be revisited to ensure that the airport design is compliance with applicable FAA regulations. This will increase the capability of the airport and insure improved air transportation safety for all users. The rezone of the Old Harbor Airport area will eliminate the current nonconforming zoning status. LAND SUITABILITY: In this case, land suitability from the standpoint of airport development is largely a function of FAA and ADOT/PF design and safety requirements. The airport expansion project will require a great deal of regrading and disturbance to increase the capability and safety of the existing airport. The City of Old Harbor has submitted a site plan showing the areas of substantial cut and fill and a proposed revised airport boundary to ensure the bulk of regrading areas and lengthened runway will be included in the revised airport boundary. Staff Report-Page 4 of 8 Public Hearing Item 7-E P82: April 17,2013 RECENT DEVELOPMENT TRENDS IN THE AREA: Staff was not able to conduct an on-site inspection of the land and so this portion of the review is based on public sources of information available to staff within the CDD. As far as staff is aware, the area proposed for the new airport expansion is vacant. There are however residences in the general area, particularly in the nearby Sitkalidak View Subdivision. There may be some unavoidable noise impacts at certain times of the year with the use of the airport by larger, laden aircraft departing the airport. Presumably the community support show for the project has taken this increased noise and activity into account. TRAFFIC IMPACTS: It is not expected that the improvements to the airport alone will increase the number of flights traveling to and from Old Harbor. More likely, it would be community growth or the development of seafood processing or visitor related businesses that would increase the amount of air traffic into and out of the community. This could be partially off-set by the airport improvements themselves which may allow local air carriers to operate larger aircraft and therefore make fewer trips to any one community. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved, and, that the Commission approve a prospective conditional use permit to provide for full and complete approval to continue with the development of the expanded Old Harbor Airport. APPROPRIATE MOTION REZONE Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A, of Plat 96-33, an area of approximately 80 acres that will be resurveyed at the conclusion of the"Airport Safety Enhancement Project" according to KIBC 17.205, to allow for the proposed expansion of the Old Harbor Airport, from RI-Single-family Residential to LI- Light Industrial, and to adopt the "Findings of Fact" in the staff report dated April 1, 2013 in support of this recommendation. Staff Report-Page 5 of 8 Public Hearing Item 7-E P$Z: April 17,2013 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 proposed rezone of the Old Harbor Airport from R1-Single-family Residential to LI- -Light Industrial is needed in order to enhance the safe operation of the airport and to increase its capability to support the use of the airport by larger cargo rated aircraft. The improvements will be carried out to ADOT&PF and FAA standards and when completed should also provide additional opportunities for economic development within the Old Harbor community. The rezone will eliminate the nonconforming status of the existing airport and allow the expansion of the airport to improve safety, increase capacity, and generally bring the expanded airport into full compliance with all current and applicable FAA regulations pertaining to utility airports. After the zoning becomes effective, a single conditional use permit will allow all future airport related development as a "use-by-right" that will be eligible for "over-the-counter" zoning compliance review. The proposed rezone will not create any nonconforming lots or uses. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed LI--Light Industrial zoning district is generally consistent with the objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update and the incorporated Old Harbor Annex to that plan. CONDITIONAL USE REQUEST APPROPRIATE MOTION AND FINDINGS FOR CONDITIONAL USE PERMIT Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a Conditional Use Permit (CUP), according to KIBC 17.120.040.A and KIBC 17.200, to allow a "new" Old Harbor Airport in the LI-Light Industrial zoning district, in addition to all aviation related uses that may develop in conjunction with the expanded airport design on a site approximately 80 acres in area, as generally described in the application materials submitted by the City of Old Harbor, and to adopt the findings contained in the staff report dated April 1, 2013 as FINDINGS OF FACT for this case. Staff Report-Page 6 of 8 Public Hearing Item 7-E P&Z: April 17,2013 Condition of Approval 1. The conditional use permit (CUP) does not become effective until the KIB Assembly adopts an ordinance to change the zoning of the site to LI-Light Industrial. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Old Harbor Airport is a nonconforming land use located within the R1- Single-family Residential zoning district. The airport was originally permitted under the zoning Exception procedure and at the time in 1990 was a vast improvement over the old airport that was abandoned in the Old Town section of Old Harbor. The bulk of airport expansion activities will be located away from residential development in the area. Although laden cargo aircraft may increase the noise of airport operations, the use of larger aircraft will also require fewer trips into and out of the community. The airport needs to be expanded in order to enhance air safety and to provide for economic development opportunities in the community that cannot be supported by the aircraft for which the airport is currently rated. The airport expansion will comply with all applicable airport regulations promulgated by ADOT&PF and the FAA. The CUP for the LI-Light Industrial zone is intended to provide for long term approval of future airport and airport related developments, essentially making them an "over- the-counter" permit review. The LI-Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the expanded utility airport project is reviewed for zoning compliance, the City of Old Harbor will be required to submit a more detailed site plan for review by borough staff. Staff will then ensure that the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. A survey will conducted at the conclusion of the project to ensure that the bulk of disturbed cut and fill areas are contained within the expanded airport boundary. Staff Report-Page 7 of 8 Public Hearing Item 7-E P&Z: April17,2013 3. That granting the conditional use -permit will not be harmful to the public health, safety, convenience and comfort The Old Harbor Airport has been operating at its present location for many years. This use is nonconformity in the R1-Single-family Residential zoning district. The existing airport is ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location will not create any conflict between air traffic and birds that are attracted to the Old Harbor Landfill. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. While the LI--Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT&PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The current location of the airport is in the only location in Old Harbor that can provide for the expansion of airport design and use by providing adequate land area for the applicable ADOT&PF and FAA standards to be accommodated in the design and construction of the expanded airport. Staff Report-Page 8 of 8 ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY E) Case 13-026. Request a Rezone investigation, according to KIBC 17.205, to allow for the proposed expansion of the Old Harbor Airport, from R1-Single-family Residential to LI-Light Industrial,and; A Conditional Use Permit,according to KIBC 17.200.040.A,to allow a"new"airport in the LI-Light Industrial zoning district, in addition to all aviation related uses that may develop in conjunction with the expanded airport design. Tract A,ANCSA 14(c) Plat 96- 33, Old Harbor,AK Airport. R1-Single-family Residential. Lydick reported this rezone request and conditional use permit continues to drive to upgrade and expand village public infrastructure facilities located throughout the borough. The City of Old Harbor requested a rezone of the proposed airport site to LI-Light Industrial which has become the de facto standard for airports within the Kodiak Island Borough. Although the airport is not a new airport, it will be a new airport for the purposes of the LI=Light Industrial zoning district. The zone requires a Conditional Use Permit for all new airports after which time all future airport related uses may be permitted over the counter. Fifty-seven public hearing notices related to this request were sent out. One public review was returned expressing on-objection. Staff recommended approval of the rezone request and conditional use permit in a separate motion. COMMISSIONER VAHL MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A, of Plat 96-33, an area of approximately 80 acres that will be resurveyed at the conclusion of the "Airport Safety Enhancement Project" according to KIBC 17.205, to allow for the proposed expansion of the Old Harbor Airport, from R1-Single-family Residential to LI Light Industrial, and to adopt the "Findings of Fact" in the staff report dated April 1, 2013 in support of this recommendation. The public hearing was opened: There was no public testimony. FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The proposed rezone of the Old Harbor Airport from R1-Single-family Residential to LI--Light Industrial is needed in order to enhance the safe operation of the airport and to increase its capability to support the use of the airport by larger cargo rated aircraft. The improvements will be carried out to ADOT&PF and FAA standards and when completed should also provide additional opportunities for economic development within the Old Harbor community. The rezone will eliminate the nonconforming status of the existing airport and allow the expansion of the airport to improve safety, increase capacity, and generally bring the expanded airport into full compliance with all current and applicable FAA regulations pertaining to utility airports. After the zoning becomes effective, a single conditional use permit will allow all future airport related development as a "use-by-right" that will be eligible for "over-the-counter" zoning compliance review. The proposed rezone will not create any nonconforming lots or uses. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The proposed LI--Light Industrial zoning district is generally consistent with the objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update and the incorporated Old Harbor April 17,2013 Page 8 of 11 P&Z Minutes Annex to that plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY < COMMISSIONER PETERSON MOVED to grant a Conditional Use Permit (CUP), according to KIBC 17.120.040.A and KIBC 17.200, to allow a "new" Old Harbor Airport in the LI-Light Industrial zoning district, in addition to all aviation related uses that may develop in conjunction with the expanded airport design on a site approximately 80 acres in area, as generally described in the application materials submitted by the City of Old Harbor, and to adopt the findings contained in the staff report dated April 1, 2013 as FINDINGS OF FACT for this case. The public hearing was opened &closed: There was no public testimony. Discussion FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Old Harbor Airport is a nonconforming land use located within the RI-Single-family Residential zoning district. The airport was originally permitted under the zoning Exception procedure and at the time in 1990 was a vast improvement over the old airport that was abandoned in the Old Town section of Old Harbor. The bulk of airport expansion activities will be located away from residential development in the area. Although laden cargo aircraft may increase the noise of airport operations, the use of larger aircraft will also require fewer trips into and out of the community. The airport needs to be expanded in order to enhance air safety and to provide for economic development opportunities in the community that cannot be supported by the aircraft for which the airport is currently rated. The airport expansion will comply with all applicable airport regulations promulgated by ADOT&PF and the FAA. The CUP for the LI-Light Industrial zone is intended to provide for long term approval of future airport and airport related developments, essentially making them an "over-the-counter" permit review. The LI-Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the expanded utility airport project is reviewed for zoning compliance, the City of Old Harbor will be required to submit a more detailed site plan for review by borough staff. Staff will then ensure that the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. A survey will conducted at the conclusion of the project to ensure that the bulk of disturbed cut and fill areas are contained within the expanded airport boundary. 3. That granting the conditional use -permit will not be harmful to the public health, safety, convenience and comfort The Old Harbor Airport has been operating at its present location for many years. This use is April 17, 2013 Page 9 of 11 P&Z Minutes nonconformity in the RI-Single-family Residential zoning district. The existing airport is ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location will not create any conflict between air traffic and birds that are attracted to the Old Harbor Landfill. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. While the LI--Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT&PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The current location of the airport is in the only location in Old Harbor that can provide for the expansion of airport design and use by providing adequate land area for the applicable ADOT&PF and FAA standards to be accommodated in the design and construction of the expanded airport. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS There was none. NEW BUSINESS There was none. COMMUNICATIONS A) March P&Z Results Letters B) Letter of Courtesy&Advisory dated March 13, 2013 Lydick gave an update on the communication items. COMMISSIONER VAHL MOVED to accept communications as presented. VOICE VOTE ON MOTION REPORTS A) Meeting Schedule: • May 8, 2013 work session at 6:30 p.m. in the RIB Conference room. • May 15, 2013 regular meeting at 6:30 p.m. in the Assembly Chambers. B) Abbreviated and Final Approvals - Subdivisions CHAIR TORRES gave an update on the reports items COMMISSIONER PETERSON MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were none. COMMISSIONER'S COMMENTS Rick Vahl stated the Chamber of Commerce has established a task force to address housing needs and there's a long list of attendees. The first meeting is tonight and they are going to look at different scenarios and options to improve housing conditions; both temporary and April 17,2013 Page 10 of 11 P&Z Minutes °¢ ¢tea KODIAK ISLAND BOROUGH ri ,' i.rte;- AGENDA STATEMENT centhitt REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.D.1 TITLE: Approval of a 7.5 Foot Vacation of a 10-Foot Wide Utility Easement, in Accordance With KIBC16.60.060, Along the South Lot Line of Lot 8, Block 2, Island Vista Subdivision (P&Z Case S13-019, Sundberg). 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 S13-019. /APPROVAL FOR AGENDA: SUMMARY STATEMENT: j The Planning & Zoning Commission granted approval of a preliminary plat where the applicants have shown the requiste need to vacate a 7.5-foot portion of an existing 10-foot utility easement. The existing utility easement currently serves no known utility provider. One potential user of the utility easement has expressed reservations regarding the proposed easement vacation, and has instead suggested the option of vacating only that portion of the easement where the existing single-family residence is located. 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. Staff recommends that the Assembly uphold the recommendation of the Commission. RECOMMENDED MOTION: Move to approve the vacation of a 7.5-foot wide portion of a 10-foot utility easement along the south line of Lot 8, Block 2, Island Vista Subdivision. Kodiak Island Borough Page 1 of 1 a k j _ , ' '` Community Development Department rj 710 Mill Bay Road iii :44114 no, Kodiak, Alaska 99615 Phone(907) 486-9363 Fax (907) 486-9396 www..kodiak.ak.us April 23,2013 David&Mary Sundberg 2055 Marmot Drive Kodiak,AK 99615 Re: Case S13-019. Request a vacation, according to KIBC 16.60, to eliminate a ten (10) foot utility easement along the south side property line of Lot 8, Block 2, Island Vista Subdivision.1681 Marmot Drive. RRI- Rural Residential One. Dear Mr. &Mrs. Sundberg: The Kodiak Island Borough Planning and Zoning Commission at their meeting on April 17, 2013 moved to amend the motion to read "move to grant preliminary approval, according to KIBC 16.60, of the vacation of 7.5 feet of the 10 foot utility easement along the south side property line of Lot 8, Block 2, Island Vista Subdivision and to adopt the findings in the staff report dated April 3, 2013 as Findings of Fact for this case," and to forward the request cited above, recommending approval, to the Borough Assembly. The approval is subject to the following Findings of Fact, as well as the requirements of Chapter 16.50(Final Plat)of the Borough code: The Assembly has 30 days in which to review your request and approve or veto the decision. For more information you may call the Clerk's Office at 486-9310. Should this request be approved, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty-four(24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a re-evaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. 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 B. 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 15 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, �� ULIi Sheila Smith, Secretary Community Development Dept. CC: St. Denny Surveying Kodiak Island Borough Planning&Zoning Commission Minutes April 17, 2013 6:30 p.m.in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the April 17, 2013 regular meeting of the Planning and Zonin� Commission at 6:30 p.m. `\\� B) Case S13-019. Request a vacation, according to KIBC 16.60, to liminate a ten"(10)} foot utility easement along the south side property line of Lot 8"Block 2,\Islarid Vista Subdivision.1681 Marmot Drive. RR1- Rural Residential One. \\ Lydick reported this request for a utility easement vacation is one of•tw • o.requests°that deal with the same residential property. The associated case 13-025'is`req ting variances for front and side yard encroachments and is scheduled next on the agenda. Reliable survey data 'i \ \ \ \ demonstrates that the entire southern side of the residence encroachments into the required 15 foot side yard setback requirement in the RR1 zoning district\and that a good portion has been constructed within a platted utility easement. Twenty-five public hearing notices were sent out and seven public agency reviews have been submitted to/tlie department expressing non-objection to the request and one public review was•returned expressing reservation to the request. The code mandates that it.'is'the responsibility of the applicant to prove that a vacation request does not have a publiclvalue, and.the application provides no such assurance. Staff recommended approval subject to on ce one approval. COMMISSIONER VAHL MOVER't grant Preliminary approval, according to KIBC 16.60, of the vacation of a ten (10) foot utility easement along the south side property line of Lot 8, Block 2, Island Vista Subdivision, subjectt o one (1) condition of approval, and to adopt the findings contained in the staff report\d April 3, 2013, as "FINDINGS OF FACT for this case. The public hearing.was op d•&:closed. Testimony was given by: Dave Sundberg spoke\or of h request stating they are in the midst of selling their home and their horite is 2.2 feet into the utility easement on the southwest corner and we are seeking of having the section where the encroachment is vacated so we can get a clean survey for the•sale. Heeasked for the commission's approval of the vacation and on the variances; the sideyard setback and`9/10th of a foot in the front. Bob'Schol lBugh Resource Officer, stated it may be more in the public interest to vacate only the portion of/the utility easement. Mr. Sundberg said it's acceptable for them to just c acate the portion where the house encroaches into the easement and that would leave 7 Y2 e9approxiniately combined with the 10 feet on the adjoining lot that could be utilized in the ture. Nat Nichols is the prospective buyer of this home and it was his understanding that there's also retaining wall that's close to the lot line, and with speaking with the mortgage agent the, retaining wall is also an issue. During the work session, it was talked about leaving 2.5 feet easement alone that lot line which would keep the retaining wall out of the new smaller easement along with the house.That was my understanding of it. April 17, 2013 Page 1 of 2 P&Z Minutes The public hearing was closed. Discussion of easements, retaining wall, and taking care of the problems now rather than down the road. Bob Scholze stated if the retaining wall is an issue he thinks the staff report that Dvorak wrote with his condition addressed adequately if the entire easement therefore could be vacated if Engineering could indicate it won't be an issue, and that would allow he buyer and seller to move forward. COMMISSIONER VINBERG MOVED to amend to grant preliminary approval according to KIBC 16.60 of the vacation of 7 1/2 feet of the 10 foot utility easement along the south side•property line of Lot 8, Block 2, Island Vista Subdivision subject to one condition of approval\and,, adopt the findings of fact contained in the staff report dated April 3, 2013,as Findings of Fact for this case. c During discussion, CHAIR TORRES asked Scholze with the amendment•of.removing 7 1/2 feet of � �� 1 �. that easement leaving 21/2 feet do we need that condition or leave it the-way it is and leave that condition in there. Scholze stated he thinks you wouldn't needhthe condition that would allow for 12 1 feet and if in fact there was an extension'6f line that catibe done if we're just talking sewer line he thinks it wouldn't be necessary,we would retain 2 :feet adjacent to the property line and that would be added to the 10 feet op 1h opposite. The'other would be an exercise in speculation as to whether or not and when here ever would be1public utilities out there. Lydick stated with the amended motion to just vacate ust the 7-1 feet of that utility easement Y j^ \ Sj - Y in the interest of equity maintaining the2:/z feet there so that you have a total of 12 1/2 feet right between the properties should be(adequate, and if that's the case we don't need that condition of approval asking for an outside•opini n to,speculate about it. �� ROLL CALL VOTE ON THEAME]NDMENT FAILED 4-1aThe noes were Kathy Drabek,Frank Peterson,Rick Vahl, and Sanny\Vinberg. The n�wasAlan Torres. COMMISSIONER PETERSON MOWED to amend d the motion to read move to grant preliminary approval, according to'KIBC16.60\of the vacation of 7.5 feet of the 10 foot utility easement along the south side property-line of,`ot 8, Block 2, Island Vista Subdivision and to adopt the findings in the staff-report dated'Aprv3, 2013 as Findings of Fact for this case. FINDINGS OF/F1 CT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required"in Title 11600f 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 ----� CRROLL CAC?VOTE ON AMENDMENT CARRIED UNANIMOUSLY OL/L CALL OTE ON MAIN MOTION AS AMENDED CARRIED 5-0. When asked if anyone wanted to change their vote Rick Vahl, Sonny Vinberg, and Kathy Drabek changed their vote o aye. April 17, 2013 Page 2 of 2 P&Z Minutes Public Hearing Item 7-B PAZ: April 17.2013 Image Overlay Request: A vacation, according to KIBC 16.60, Case No. 513-019 to vacate a ten (10) foot utility easement along the south side property line of Lot 8, Block 2, David & Mary Sundberg Island Vista Subdivision. ....4-ife .4, If # ... ■, _,:.. .,••; yit . _•S.- , ' ....,. .. ' • • .�' AA l -e r ♦ • 'I. R.t --1• 1R ' -. t,... 0 1 .sdpL • •I Ai\t. : tig ' . 4 r, •� . # I 1 .r ' :i fir R ' 0 lif . r : 401M11 v. . ... !. .., 4 --11/ - v. - .4. ir: .,.. .N.4,. . .., .., . '91 ,� . Legend 14% " A V . . 1.., i' a . f Q Subject Location *A it .4 Kodiak Island Borough GIS System C"E ' 0 35 70 140 210 280 Fe I This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333 Introduction-Page 1 of 3 Public Hearing Item 7-B P&Z: April 17,2013 Current Location Request: A vacation, according to KIBC 16.60, Case No. S13-019 to vacate a ten (10) foot utility easement along the south side property line of Lot 8, Block 2, David & Mary Sundberg Island Vista Subdivision. lir ......91k ji I" cn co IL-1-01111■44*. 111 # 60,00, 001111 0011P Oti imi da mow. to Imo or. .. 4,,,-, 14‘; ._ 4 . . O) itiolop i 06" Gg6 � �\4-\'' , ' AI PRA I/, / \._c Legend Subject Location 1 ',, �' Kodiak Island Borough GIS System ,w / �-.„ , 1 1 ., 0 300 600 1,200 1,800 2,400 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Introduction-Page 2 of 3 Public Hearing Item 7-B P&Z: April 17.2013 Kodiak Island Borough Zoning Map .ia.A.A. Community Development Department Current Zoning Request: A vacation, according to KIBC 16.60, to vacate a ten (10) foot utility easement along Case No. 513-019 the south side property line of Lot 8, Block 2, David & Mary Sundberg Island Vista Subdivision. �:. irAlfripmr.-w-4\7, 111ii,, „.,,,, II ..410, ., , .. 4, A � q .'. b.10110*11111 10 F , 0./.____Hi K.— �a ,G) 111111 i(\�' T o ,rp s USS 1678 d Stli $(. 7.---OG0NOP� / 4' 8 Legend Subject Location n/ Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential Light Industrial WA Watershed Rural Residential 2 Business Rural Neighborhood Commercial Conservation Single Family Residential - Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential - Industrial Natural Use This map was prepared from the Kodiak Island Boroughs 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-B P&Z: April 17,2013 R Kodiak Island Borough Community Development Department s bmu.byemaii 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 as Ph. (907) 486 - 9362 Fax (907) 486 - 9396 (_ _,Print Form http://www.kodiakak.us RCai29h:?orri4C) Subdivision Application Kodiak Island Borough Code Title 16 Applicant Information: Property Owner/Applicant: UjCI c und het' (hyicnl ;1,511 fYlnrm d• Mailing Address: 20 SS mc1rjvio4 U r i tie Phone Number. '/86 — 5327 Ur 912 _ 01/9 y Other Contact email,etc.: DM T 5 7 7 6-c , NET Agent&/or Surveyor: S4-, Denny I'nc Mailing Address: PO Box 38 G/ J Phone Number. ya _ 3500 B Other Contact email,etc.: 5� enn` , c� �C1 , /1e Property Information: Current Legal Description(s): LOT S I3[OCx' 2 15L4ND V/S7'14 5013 . Proposed Legal Description(s): E r S 0c • Z .I;5L,1 Nil) V/ STA S'u9. Are you requesting a waiver of any subdivision requirement according to KIBC 16.110.010? IT Yes PcN0 Date: 3///td /f2 Signature: Payment Verification Fee Payable in Cashier's Office Room#i 104-Main floor of B B in Waiver Plat per KIBC 16.10.050: r $75.00 Abbreviated Plat per KIBC 16.30: r $300.00 MAR 01 2013 Preliminary Plat per KIBC 16.40(maximum 12 lots): ❑.. $350.00 00! :Jt�i0ug1 Preliminary Plat per KIBC 16.40(more than 12 lots): r $to be de • mine. '.5;' maximu !lumber Iptsproposed �°iflatlI IJ I$ !s1;it IUi`n° Vacation Plat per KIBC 16.60: FR $3 i.0r f Date: /ZO( CDD Staff: 1111, Application-Page 1 of 2 pp p�gr�II�rr �I I OWNERSHIP AFFIDAVIT]• !� ' I I I H1601 WAIR qY OE AS M Re,of of MOPE=MOWED IYI®l I IfOH fFIIc N M MEC ALL MEMOS f0 we TWIGS,ARFB.MIDS. ,^��{w��A ��� LOT 10 i LOT s i O I u� mL 41�a ll/�r J � CC i ¢66� S 85'23'00" W �o�Prri �� — — — — — _ _ 35.00' (R) 158A4' (R) f O k A., N 90'00'00" W � o y o b NOTARY ACKNOWLEDGMENT VINCINITY MAP LOT LOT 8 /o 44' In nR;®x Nn a01ro ECM IC IDS_DA/Of BLOCK 2 A S Ii I IUOPf -4 Ceia 40942 Sq. Feet 0.9 Acres 152.4' LEGEND i y N 9 1 = FOUND 1-1/2' ALUMINUM CAP o > Naito wawa ,50 i N N ) = MEASURED DIMENSION rn '- '^W'-W'^�'a .,O �I�i1 = RECORD DIMENSION .'NI ) Ow.OS.,'" 135 AAO �.yG" °O, s*-a FUEL TANK m i �T b E UTILITY POLE ®� ' " jy TAX CERTIFICATE 4o.z o MO' /�//// I If@91 max 1ST ILTA6 w'Iw W1Y61Y IIf MIA 6NO=WI M/ / 30' UIIS Af�N6 of 0rr16T w1 INn Nn«EOW ff M6RM 6Wn av yp f p1:/ '.;R.� i cy 's wnM RILL �j. ww m /.. �, A QI WO O Imr w.sr, nr 6 ml: Cu 10' WIDE UTILITY EASEMENT xnre w.I Ins / / �1 !1E�1� (6 VACATED THIS SURver r �fs� 5�'"' N \�O ''� O "� R � m% IC•T rmlc SAC BOaaul am zoa.00' (R)( %!r!�� i 24 7 PLAT APPROVAL 4o - - - - - - — Io, X426 E —1. , — — I f ROM eAa RK6MnwG mA69m 7.8' = f Mm _ _ �—20' MOE UTRfry EASEMENT / ./MOO LOT 1 I a at 4I� �' A6606R/Y DWItl1Y'iW S DLO M Iw0kVQ OM M 6SfI p p ? ONDW COX INS MY OF IDII VI VI 1 r.-. p 9tlnW.a . A o f Won 610A}f IT OYS19Q WE_ RELIMINAR Y PLAT - — 30' . I Mane tal.Y,xM I AU Moat/HLEI11 am R]�N 7n-it M Of AA46 �:fYDI '.1' MA94MO 060-au N�MIS A 4VRY NOl IAEAN=CI 9NRSp NO MUH -..• wawa saw MOM ICWIIY on rt '.S: R.O,W_- _city ..,a.v: . MO oq ru mlflman uo tma o[ws CIRCLE '.9�•6,".,_.f °o<- tams ice: UBJECT TO ALL CONDITIONS, SERVITUDE'S, , IpGE 'tivaa::✓_ IOU R.SUM =PEED MO Scil :MENTS, COVENANTS, RESERVATION, RESTRICTIONS / �' RECORD OF SURVEY D N. RIGHTS OF WAY OF RECORD. VACATION OF UTILITY EASEMENT 2 UBJECT TO ALL COPY RIGHT LAWS. LOT 8, BLOCK 2 -4 m ITE ZONING = RR1 RURAL RESIDENTIAL BASIS OF BEARING-NORTH AMERICAN DATUM 83 ISLAND VISTA SUBDIVISION T. DENNY SURVEYING INC. ASSUMES NO A PORTION OF U.S. SURVEY 167e6 3 'ONSIBILITY OR LIABILITY FOR ANY ERRORS OR BASIS OF ROTATION- HOLD 1.5"ALUMINUM CAP FOUND AT THE SOUTHEAST ow MIT R1 CORNER OF LOT 1 BLOCK 2 FOR POSITION AND ROTATE TO 1.5" ALUMINUM °"'° Fa SIONS OF ANY KIND WHATSOEVER IN TERMS OF 30' 0' 30' 60' CDC s-r-I.9 KODIAK RECORDING DISTRICT ;ENT SHOWN HEREON AND DISCLAIMS ALL CAP FOUND AT THE SOUTHEAST CORNER OF LOT 8 BLOCK 2. ti . __ ,�. ;f , "'°"`'T N0.I3-0080121 2ANTIES AND/OR CONDITIONS REFERENCE- '"~man ma EXPRESS OR DAVID AND MARY SUNDBERC ED, TO THE CONTENT INTO ANY MATTER RELATING U.S. SURVEY NO. 1678, RECORDED IN THE KODIAK RECORDING DISTRICT. 2055 MARMOT DRIVE, KODIAK, ALASKA 99615 'HE INFORMATION SHOWN HEREON. PLAT NUMBER 74-29, RECORDED IN THE KODIAK RECORDING DISTRICT. <, I -2> SURVEYING INC. ( )) PO.ROE SOT,IOOY(,aAsSA PPM Wry) •lJJN Public Hearing Item 7-B P&Z: April 17,2013 Location 1681 Marmot Dr. P&Z Case 513-019 Notification Area Applicant David & Mary Sundberg -4,<" ¢®A o / (i) m g V) d®�® All(fi'HP *00 vs , i e C' i __ t oft; e s❑ Ns A VI 1 r cl, 4 ilk/ 4.0M. ,„,o1 0G GNe0- �ee 1r. / V Legend N 1I t,, ' Kodiak Island Borough GIS �'k da f• e0 Fee1 j Subject Parcel t��) E - '' 0 380 760 1.520 '' / I_r t t I r t r I Notification Area 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. Public Comment-Page 1 of 15 Public Hearing Item 7-B P&Z: April 17,2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak,Alaska 99615 March 5, 2013 Public Hearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 17, 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: S13-019 APPLICANT: David& Mary Sundberg AGENT: St. Denny Surveying REQUEST: A vacation, according to KIBC 16.60, to eliminate a ten (10) foot utility easement along the south side property line of Lot 8, Block 2, Island Vista Subdivision. LOCATION: 1681 Marmot Drive ZONING: RRI- Rural Residential One 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, April 2, 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 @kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting,on Wednesday, April 10,2013, 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 15 • • Public Hearing Item 7-B P&Z: April 17,2013 THOMAS ANTHONY GARRICK D BARNES FRANK BISHOP 2032 ISLAND CIRCLE 2091 ISLAND CIR PO BOX 2491 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KENNETH CHRISTIANSEN CLIFFORD DAVIDSON C DAVIDSON FAMILY TRUST 1849 MARMOT DR P.O. BOX 746 P 0 BOX 2097 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 CLIFFORD DAVIDSON REVOCABLE JEANNIE DENNIS JEAN DICKSON ETAL TRUST PO BOX 2802 P.O. BOX 8347 PO BOX 746 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 • • FRANK FISH JAMIE GODWIN PATRICIA JACOBSON REVOCABLE P 0 BOX 437 PO BOX 1532 TRUST KODIAK,AK 99615 KODIAK,AK 99615 P 0 BOX 8707 KODIAK,AK 99615 BONNIE JONES JOHN W KIMMEL KODIAK ISLAND BOROUGH PO BOX 2454 2107 ISLAND CIRCLE 710 MILL BAY RD WHITE SALMON,WA 98672 KODIAK,AK 99615 KODIAK,AK 99615 OTTO MAHLE JR. FREDERICK MILLER ROBERT MUDD JR P.O.BOX 3150 PO BOX 9035 PO BOX 8933 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DANFORTH OGG JOHN PARKER SR DAVID PUTNAM P.O.BOX 2754 P.O.BOX 653 PO BOX 1541 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DAVID SUNDBERG JOHN THOMAS MICHAEL TICFMAN SR 2055 MARMOT DR. P.O.BOX 3131 2159 ISLAND CIRCLE KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 PAUL ZIMMER ETAL 2000 RIDGE CIRCLE KODIAK,AK 99615 Public Comment-Page 3 of 15 • sp r��� �r i I OWNERSHIP AFFIDAVIT o• I I I I MAI LEM NV C WE MEOWS Of RI PRopE a scan apt 1 Ian 1# TO TIE PUSS Al umars FOR Mar ME.STEF15.Nun. �� 119 1 I I I �,n ➢unm rN4 xm AO alfn PUac.'H.s mnlx8a .404 Iii.litnia• 9 or 10 LOT 9 I a tI mar 41 a O I — S 8sz3'oo" W o x g\o risti 40�� 35.00' (R) 158.14' (R) E O% �� �a�� N 90'00'00" W I y ,,(1 ,-, NOTARY ACKNOWLEDGMENT VINCINITY MAP nor 7 LOT 8 '� NC a 10 WOK IC Tn—D"`OF BLOCK 2 40942 Sq. Feet LEGEND 0.9 Acres 52.a I N N= FOUND 1-1/2" ALUMINUM CAP o - »K R N TR h 1 = MEASURED DIMENSION m u..w-M^ .=.Rn Ni 411e5 I D RECORD DIMENSION .., a no 555 \AO °s g S FUEL TANK m j, b UTILITY POLE 40 2' ®� TAX CERTIFICATE o .♦,� j '■ 30' ICES A�No SS rcurm out w6 AO x ram s III MU Eixo e0x VT°ry }�qt({>:� l Ali l'' .afloxna // /' "'+° '" g 4 ' nm R MOM AS* DM W ml: N 10' WIDE Unit TTY EASEMENT Pr scare can um , g to VACATED THIS SuRVE* --- \ ♦m /✓n 10 � SR iI�O l I I o COX SAC mmul am ° .► zoo.00' (R)( % !��ii:, za.1' PLAT APPROVAL In _ _ _ — -- yI! // / y8�4.28• E _ x If l *ten RmWL MO 1955 muerml — _ 1.� _ —_ amen _ 7.H' __—20' WIDE UTLLRY EASEMENT o CMG _ _ _ _ LOT 1 I .4 mom DM O 1166 W RTEY NIT 11910 RAI 6 DM NWNO x MSCArt IN OEf 1 • p I�A n o0 COMM CR 1M W n S13 cY, CD(P CD v 69101 YVYM1V O OOm Ofxt v A * tlW$CY OflaCaerT mfLRI NM__ qp" RAMS CUM OW RELIMINARY PLAT 30' — � wmDW¢wnw cam nuNmm AT YDI .* NA911 MV SE K•9L.x'10 A 9MOyrQ Qm00Rm xSlyp.5 Nx aT x • W IMSIS ROM iiatal NTYLL.OCT IS UBJECT TO ALL CONDITIONS, SERVITUDE'S, / IfIGE CIRCLE -'� °®'n'4 :MENTS, COVENANTS, RESERVATION, RESTRICTIONS ft xnRxmlr �. m RECORD OF SURVEY -o , RIGHTS OF WAY OF RECORD. VACATION OF UTILITY EASEMENfa ro UBJECT TO ALL COPY RIGHT LAWS. LOT 8, BLOCK 2 m ITE ZONING = RR1 RURAL RESIDENTIAL BASIS OF BEARING-NORTH AMERICAN DATUM 83 ISLAND VISTA SUBDIVISION T. DENNY SURVEYING INC. ASSUMES NO BASIS OF ROTATION- HOLD 1.5" ALUMINUM CAP FOUND AT THE SOUTHEAST AWw( A PORTION OF U.S. SURVEY 167W Ai ONSIBILITY OR LIABILITY FOR ANY ERRORS OR CORNER OF LOT 1 BLOCK 2 FOR POSITION AND ROTATE 10 1.5" ALUMINUM own,' s=1-10 KODIAK RECORDING DISTRICT SIONS OF ANY KIND WHATSOEVER IN TERMS OF 30' 0' 30' 60' CAP FOUND AT THE SOUTHEAST CORNER OF LOT 8 BLOCK 2. �. �.- TENT SHOWN HEREON AND DISCLAIMS ALL �- _ - r==ao' i r 1 ""�"""'7s-0090121 RANTIES AND/OR CONDITIONS EXPRESS OR REFERENCE- """'°'°` / DAVID AND MARY SUNDBERC ED, TO THE CONTENT /NTO ANY MATTER RELATING U.S. SURVEY NO. 1678, RECORDED IN THE KODRK RECORDING DISTRICT. 2055 MARMOT DRIVE, KODIAK, ALASKA 99615 HE INFORMATION SHOWN HEREON. PLAT NUMBER 74-29, RECORDED IN THE KODIAK RECORDING DISTRICT. " 3 + � -n( � IT.MANY s 10614 C INC. T t l,o,ew aK t.D!M'ua.A RyI low)arww Public Hearing Item 7-B P&Z: April 17,2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 March 5, 2013 Public Hearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 17, 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: S13-019 APPLICANT: David&Mary Sundberg AGENT: St. Denny Surveying REQUEST: A vacation, according to KIBC 16.60, to eliminate a ten (10) foot utility easement along the south side property line of Lot 8, Block 2, Island Vista Subdivision. LOCATION: 1681 Marmot Drive ZONING: RR1-Rural Residential One 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:ptif; Apr112,1013 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@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting,on Wednesday,April 10,2013,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: lQ L't u elitee/a. c/z Mailing Address: 3 9C 61-5-3 Your property description: /SL/ y rnA/[,z-z err P/(_ -- Comments: �/ /mot lJ MAR 2 6 2013' • COMMUNITY DEVELOPMENT DEPARTMENT Public Comment-Page 5 of 15 Public Hearing Item 7-B P&Z: April17,2013 MONASHKA BAY ROAD SERVICE AREA c/o, Engineering & Facilities Dept. Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 April 2, 2013 KIB - Community Development Department t C II d • ATTEN: Sheila Smith, Secretary 710 Mill Bay Road, Rm 205 APR Kodiak, AK 99615 2013 RE: Case S13-019 AND Case 13-025 COMMUNITY DEVELOPMENT DEPARTMENT Applicant: David and Mary Sundberg (vacate utility easement, AND allow encroachments) Dear Community Development Staff and KIB Planning and Zoning Commission, The Sundberg property with encroachments and utility easement in question abut Marmot Drive, maintained by Monashka Bay RSA. We have no objections to all of the proposed actions: • We have no objections to vacation of the easement in Case S13-019; At our March 6, 2013 meeting, MBRSA Board approved a motion to this effect. An adjacent landowner (Fritz Miller) also had no objections to vacation of the easement. For reference, please see excerpt attached of our meeting minutes (Regular Board Meeting and Budget FY2014 Public Hearing, MARCH 6, 2013), Page 3 of 3, Item #2. Community Development Letter dated March 5, 2013). • We have no objections to granting of two variances for encroachments as outlined in Case 13-025. One easement appears related to the unused utility easement (in Case S13-019), and the other (0.9 foot encroachment) is insignificant for Marmot Drive's current and anticipated needs. Thank you, 3 2-�i Dale Turner Steve S I-nsen • Lance • esident Supervisor Supe isor/Secretary Public Comment-Page 6 of 15 Public Hearing Item 7-B P&Z: April 17,2013 MONASHKA BAY ROAD SERVICE AREA RECEIVED Regular Board Meeting and Budget FY2014 Public Hearing Bayside Fire Hall MARCH 6, 2013, 7pm APR - 2 2013 MINUTES ��t�,� BOROUGH CLERK'S OFFICE Call to order:by President Darlene Turner, 7:14 pm 1'I KODIAK,ALASKA Roll Call: Darlene Turner(DT),Chaz Glagolich (CG),Steve Steffensen (SS),an,- !Lance (TL) (1 Board seat vacant) Others Attending: MBRSA residents (6) - Dave Sundberg, Fritz Miller, Patti Hendrix,Tia Leber,Paul Zimmer,Martha McKinney, MBRSA Road Contractor- Kevin Arndt,Visiting Contractor-Jeremy Williams MBRSA Purpose and Program Description Monashka Bay Road Service Area is responsible for road maintenance in the service area. Goal:To maintain, repair,and provide snow removal for roads in the Monashka Bay Road Service Area. Agenda and Minutes • Review/Approval of Agenda for March 6,2013: CG moved;SS seconded; Motion Passed. • Review/Approval of Minutes for Feb.6,2013: SS moved;CG seconded;Motion Passed. • Review/Approval of Minutes for Feb. 16,2013,Green Belt Mtg/Hike: SS moved;CG seconded; Motion Passed. Public Comments: 1. Jeremy Williams - "AIM Maintenance"would like to bid on MBRSA service contract. 2. Tia Leber- Had question about heavy equipment working at landfill...lots of shake,rattle and roll potential with new construction (and blasting for WWTP)... Darlene Turner said it is probable,along with future road-work in neighborhood filling potholes. . 3. Marty McKinney-Asked where does MBRSA stand on KIB Landfill work.Are we in agreement or coordination? DT and TL replied... Yes-Board is unanimous in favor of Landfill development plans and present composting activity since it is most reasonable for K/B at this time... that is, until someone comes up with a better approach. She has concern about composting activity as done now,and requests MBRSA stay on top of any developments/changes to that operation. Presentations/Committee reports: • Green Belt report by Tom Lance-MBRSA is very happy with input from Marmot and Three Sisters residents,and KIB staff.Working together,we were able to revise the previous Landfill Rezone plan to a new plan that better meets our neighborhood concerns in the long-term and leaves the door open to future discussions to protect neighborhood drinking water quality, Green Belt protection,and environmental values. • KIB Landfill Expansion Project Update by Dave Conrad- Dave showed pictures of recent logging and blueprints/drawings of Waste Water Treatment Plant site,gave notice about blasting work,and then answered questions from guests and MBRSA Supervisors.Most discussion was;about blasting- Dave said'notices would be given to Supervisors,signs posted near Landfill;and advisory statements given to radio stations.Blasting will be weather dependant,but may start as soon as late-March and into April.The S.dump site will be filled-in with overburden from the WWTP area excavation. o Dave Sundberg commented he has concern about well collapse due to blasting.Dave Conrad said the blast shots are relatively small and the distance from the site to homes on Marmot is probably safe-far enough,but"when your well collapses,give me a call." o Fritz Miller asked Dave C.about time given to clear area after horn signal indicating blasting is imminent. Dave said about 2 minutes... page 1 of 3 Public Comment-Page 7 of 15 Public Hearing Item 7-B P82: April 17,2013 Unfinished Business • Landfill Expansion plans and zoning concerns: o Darlene Turner further explained that at KIB's Assembly tomorrow night,they would likely approve the revised Landfill zoning ordinance. MBRSA worked with KIB staff at two different work sessions,plus the Greenbelt hike,since the initial rezoning meeting in Dec 2012,to come to mutual agreement o Marty McKinney commented,she is still concerned about water quality. o Paul Zimmer commented he is satisfied with the results of our MBRSA zoning revision work and everyone's help. o DT let everyone know they could obtain water test kits from Amazon for about 12.00. e MBRSA Purpose and Program (Budget) Description(FY 2014) Monashka Bay Road Service Area is responsible for road maintenance in the service area. o Goal:To maintain,repair,and provide snow removal for roads in the Monashka Bay Road Service Area. o Proposed Budget FY 2014 Personnel Services (KIB) $500.00 Snow Removal/Sanding $26,000.00 Repairs&Maintenance $25,000.00 Grading/Ditching $5,000.00 Support Goods&Services $350.00 Contingencies $4000.00 TOTAL $60,850.00 MOTION: To approve FY 2014 Budget-made by CG,second by TL; Roll Call Vote by DT:All Supervisors voted YES-TL, CG,SS,and DT. Motion Passed. 8:05 pm President Turner opened floor to Public Hearing Potential bidders for service area contracts spoke.Jeremy Williams (AIM) desires to bid but his company is at disadvantage under.KIB's contracting system.Current contractor for MBRSA, Kevin Arndt(MK) spoke of MBRSA's renewal option for FY2014. 8:10 pm President Turner closed floor to Public Hearing New Business: 1. STP-0001(459)/54149 Letter dated 2-25-13 from Brian Elliott(State DOT)to KIB.Work proposed for roads in Kodiak. Motion:To request the addition State DOT work on Monashka Bay Highway to include the following: a. Replace culvert under Mountain View Drive with larger culvert. b. Clean ditch from Mountain View Drive to Marmot Drive,to include,cleaning the under- road culvert(from the east side to the west side of Monashka Bay Road)between Three Sisters Way and Marmot Drive. c. Construct a drain field from,the up-welling at the top of Three Sisters (where the dumpster is located) to the ditch on the north side of Three Sisters Way,to mitigate the glacier problem that occurs each winter at the top of Three Sisters Way. d. Repair runoff issue caused by State Highway onto Marmot Drive entrance. e. If any guardrails are replaced on State Highway,give old ones to MBRSA. f. Add Mountain View Drive to STP map (is omitted on current map). Motion made by TL,second by CG.Motion Passed. 2. Community Development Letter dated March 5,2013. Re: Case S13-19 vacation to eliminate a 10 foot utility easement along the south side of property line of Lot 8,Block 2,Island Vista page 2 of 3 Public Comment-Page 8 of 15 Public Hearing Item 7-B P&Z: Apri117,2013 Subdivision. (Dave and Mary Sundberg) Motion made by CG to no objection to vacation of easement.,second by SS,Motion Passed. Comments:Fritz Miller also had no objections (neighbor to Dave and Mary Sundberg) 3. Order road signs for Marmot,Harbor Way, Forest Drive,and any others needed such as speed limit,child safety area...all agreed that 18"size was appropriate. DT asked Kevin Arndt to get signs up before MBRSA Spring Waik/Mtg on June 1st. Possible sign vendor is Zumar.com 4. Merger or enlargement of Road Service Areas(RSA):Discussion among Supervisors,about feasibility of combination of several road service areas to reduce overall costs, reduce workload of multiple Boards and KIB staff,and improve services provided by road contractors. a. A larger RSA should include hiring of an administrator or manager with civil engineering or related road expertise. b. Having one designated "Manager"as the point of contact for all residents living on the north end of Kodiak Island could simplify the who to call situation for area residents. c. DT said there are a number people from the Sawmill and Lakeview Drive areas who call her in the winter asking to get the road plowed and graveled (but we can't help them... it is currently cared for by State DOT).Would a majority of Lakeview and Sawmill residents would support joining an RSA?If the State paved the roads first? d. DT said maybe as part of arrangement that benefits all,the roads could be improved and paved by DOT...the Sawmill and Lakeview roads too,if the State could pass admin on the KIB and then KIB to a RSA. e. TL referred to the new"KIB Popular Annual Financial Report"where it summarized FY2012 Expenditures and Cost Per Mile for all RSAs...and MBRSA's 2 miles of road cost $20,123/mile to maintain,while Bay View RSA (with 1 mile of road) cost residents there$17,815/mile to maintain. Women's Bay and Service Area No. 1 both have higher costs/mile (at$26,875/mile and$32,501/mile, respectively). Bay View RSA and MBRSA are very similar-makes sense to combine them... f. DT will talk to Woody-KIB Engineering,and we can discuss more about the merger/enlargement idea during Spring Road Walk meeting.TL should bring last year's list of road work needs/plans. 5. Date set for Regular Mtg and Spring Walk Meeting: JUNE 1, 2013 at 1pm... 6. Officer Elections: Nominations and voting done by voice with consent of all Board Supervisors.Officers are as follows:President-Darlene Turner,Vice President-Chaz Glagolich,Secretary-Tom Lance Motion made by TL to approve Officers of Board,second by CG.Motion Passed Public Comments: 1. Patti Hendrix commented about road ditch being wider near her place and road shaved too much...DT responded:ditch was cleaned but road was also widened slightly there too.The appearance of the road being narrow is because the vegetation was removed. 2. Dave Sundberg: He appreciates MBRSA support regarding the easement vacation. Board Comments: DT thanked all for attending.She thanked Steve Steffensen for volunteering to help on MBRSA Board. DT mentioned that it was time again to hold a contract training session with KIB Staff and make a decision on the continuation of the present contract She would see if Bob Tucker -KIB Engineering Dept would be available,and let Supervisors know when ...all Board Supervisors responded favorably. Next Meeting Dates • Regular Mtg and Spring Walk Meeting:June 1,2013, 1 pm. Starting at top of Mtn View Drive. Adjournment: 9 pm SIGNED CO rlene Tur , resident Date Tom La ,Secretary to page 3 of 3 Public Comment-Page 9 of 15 Public Hearing Item 7-B P&Z: April 17,2013 Koda , r . 1:.t . , ,._. _,,,f 4'.;191.:'''' v .fly r A t, `cr,.?, - / `-4 -M,ib, -},`. ` W yk i ..„:4. k 1 r y,: .1 u (907),486--7700rN ; :s,. -1303,787sd � �+ 1 :; r-4• .., .`r �. , '''- emu---nati .. -. --.KODIAK,.ALASKA 99615-0787 - - - March 11 , 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 March 5, 2013 Case S13-019. Request a vacation to eliminate a ten (10) foot utility easement along the south side property line of Lot 8, Block 2, Island Vista Subdivision. No comment. Thanks for the opportunity to comment. Sincerely, qatip,„4.:. Jim Devlin Engineering Manager Kib031113.doc Public Comment-Page 10 of 15 02/04/2013 13:59 9074863954 Public Hearrn, jgm ttP P8Z: April 17,2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 March 5,2013 Public Hearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 17, 2013. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mil) Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: S13-019 APPLICANT: David&Mary Sundberg AGENT: St. Denny Surveying REQUEST: A vacation, according to KIBC 16.60, to eliminate a ten (10) foot utility easement along the south side property line of Lot 8,Block 2, Island Vista Subdivision. LOCATION: -- _,1681.1v1grtnot Drive ZONING: RRI-Rural Residential One 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,April 2.2013 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 ssn,itb(alkodiakak.us. If you would like to testify via telephone,please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number Is 1-855-492-9202. One week prior to the regular meeting,on Wednesday,April 10,2013,a work session will be held at 6:30 p.m.in the Kodiak Island Borough Conference Room(8121),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights,please feel no/free to call us at486-9363.(n L "J/ Kn, (�� r Your Name: LLC7 V tc19e2�n A� Mamog Address: LK /767,14640 At Your property ddnettptton:. t S /1"/im'1 Dt rer commenn: ,y dA9 het o6jpd- APR - 1 2013 J COMMUNITY DEVELOPMENT DEPARTMENT _ Public Comment-Page 11 of 15 Public Hearing Item 7-B �7 7[7r P&Z: April 17,2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak,Alaska 99615 March 5, 2013 Public Hearing Item 7-B • PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 17, 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: S13-019 APPLICANT: David & Mary Sundberg AGENT: St. Denny Surveying REQUEST: A vacation, according to KIBC 16.60, to eliminate a ten (10) foot utility easement along the south side property line of Lot 8,Block 2, Island Vista Subdivision. LOCATION: 1681 Marmot Drive ZONING: RR1-Rural Residential One 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 ic5 pm, April2; 2013 to be considered•by.the commiision..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(akodiakak,us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting,on Wednesday, April 10,2013,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. ( y/� Olt / // Your Name: Alb n V vs. 1 el J., Mailing Address: 1 D 'v yq 1 �'f�-QJ(��j4-/c _ Your property description: /6..n/ (/,j Gt p- U le- Comments: Wk_ Asa, t.a s6 e I.) ECEIVL .) J MAR 262013 COMMUNITY DEVELOPMENT DEPARTMM Public Comment-Page 12 of 15 - P&Z: April 17,2013 \OF T,, THE STATE Department of Transportation °f A LAS and Public Facilities •:i !}{ ___='-`_ CENTRAL REGION GOVERNOR SEAN PARNELL Planning O gP 4111 Aviation Avenue ALA P.O.Box 196900 Anchorage,Alaska 99502 Main:907.269.0520 Fax:907.269.0521 January 23, 2013 Ms. Shelia Smith, Secretary Kodiak Island Borough 710 Mill Bay Road Room 205 Kodiak;AK 99615 Dear Ms. Smith: The Alaska Department of Transportation and Public Facilities (ADOT&PF) has no comment on the recently submitted plat: r� M L V V • S13-019: Island Vista Subdivision �� D S13-026: Old Harbor Airport Expansion • LAI APR _ 1 2013 • -LOMMUN TY DEVELOPMENT DEPARTMENT Sincerely, ` �• , ‘Ctibillf :51(\ Joselyn Biloon Area Planner." • "Get Alaska Moving through service and infrastructure." Public Comment-Page 13 of 15 --J I I Public Hearing Item 7-B B P82: April17,2013 Cl_ o I NO OBJECTIONS I I ALASKA COMMUNICATIONS SYSTEM 3 n BY: (��� �' DATE: y U O b °I 4 1 TAX CERTIFICATE I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THE KODIAK ISLAND BOROUGH ALL 30' TAXES ASSESSED AND DUE AGAINST SAID LAND AND IN FAVOR OF THE KODIAK ISLAND BOROUGH ARE PAID IN FULL IDATED AT KODIAK ALASKA, THIS DAY OF 2013 o m r KODIAK ISLAND BOROUGH CLERK ILO oxi PLAT APPROVAL I * KODIAK ISLAND PLANNING AND ZONING COMMISSION I RECEIVED o APPROVED = CHAIRMAN DATE iJ I THIS IS TO CERTIFY THAT WITHIN PEAT IS DULY APPROVED IN ACCORDANCE WITH THE KODIAK ISLAND t= BOROUGH CODE THIS DAY OF 2013 v BOROUGH MANAGER IBOROUGH CLERK DATE ICOMMUNITY DEVELOPMENT DIRECTOR DAB OF SURVEYOR'S CERTIFICATE •(�fi.• I HEREBY CERTIFY THAT I AM PROPERLY REGISTER AND r— I .�P'• LICENSED TO PRACTICE LAND SURVEYING IN THE STATE OF iti 49TH •.* ALASKA, THAT THIS AS—BUILT REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION AND THAT THE MONUMENTS SHOWN HEREON ACTUALLY EXIST AS DESCRIBED MaAcRSLDenny :Q AND THAT ALL DIMENSIONS AND OTHER DETAILS ARE CORRECT. q, • No.10197 •� DATE; REGSIRAI N NO. I �41RoFeiii0.0% MARK R. STAFNNf REGISTERED LAND SURVEYOR RECORD OF SURVEY VACATION OF UTILITY EASEMENT LOT 8, BLOCK 2 ISLAND VISTA SUBDIVISION KODIAK A PORTION OF U.S. SURVEY 1678 ALASKA DRAWN BY DATE 0' 30' 60 CDH 3-1-1s KODIAK RECORDING DISTRICT SaiThubli oils at-Pa sPiw NO- �� 1"=3O' 1 of 1 13-0080121 Public Hearing Item 7-B P&Z: April 17,2013 I Subm+t;by�Einail Kodiak Island Borough Community Development Department y 1e _, 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 `27t Ph. (907) 486-9362 Fax (907) 486 - 9396 PrInYFom http://www.kodiakak.us Public Hearing Comment P&Z Case No: S13-019 Your Name: Bob Scholze,Resource Management Officer Mailing Address: Kodiak Island Borough Other Contact email,etc.: rscholze @kodiakak.us Your Street Address: Please enter your comments below. Use additional pages as needed. Since it is unknown at this time to what extent designated utility easements might be needed for possible future expansion of public sewer and water systems in the Monashka Bay area,it would not be in the public interest to vacate entire portions of these easements if it is not necessary. If the Commission is inclined to accommodate this encroachment,it is recommended that only the portion of the utility easement encroached by the footprint of the house be vacated,as was done by Plat#99-2 in a similar case a short distance down Marmot Drive. Ll MAR 2 7 LUIJ h CC iM'UNITY DEVELOPMENT DEPARTMENT Date: Di 27)1- Signature: R4A O Public mment-Page 15 of 15 Public Hearing Item 7-B P&Z: April 17,2013 MEMORANDUM DATE: April 3, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the April 17, Regular Meeting CASE: S13-019 APPLICANT: David & Mary Sundberg AGENT: St. Denny Surveying REQUEST: A vacation, according to KIBC 16.60, to eliminate a ten (10) foot utility easement along the south side property line of Lot 8, Block 2, Island Vista Subdivision. LOCATION: 1681 Marmot Drive ZONING: RR1 Rural Residential One Zoning District Fifty (50) public hearing notices related to this request were mailed on March 8, 2013. Date of site visit: Non-made 1. Minimum lot size: 40,000 sqft Compliance: Yes 2. Minimum lot width: 120 I/f Compliance: Yes 3. Existing land uses: Single-family Residential Compliance: Yes 4. Existing structure(s) on the property: Yes Compliance with setbacks: No (See Comments) Compliance with other zoning regulations: Yes Encroachments: Yes 5. Topography: Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes Staff Report-Page 1 of 6 Public Hearing Item 7-B P&Z: April 17,2013 6. Physical Features: Wetlands, streams, drainage courses: No Need for driveway/access restrictions: No Adequate line of sight: Yes Adequate access for additional traffic volume: Yes Adequate access from a safety standpoint: Yes Neighborhood character: Residential Double frontage lots: No Flag lots: No Adequate access for fire apparatus: Yes Utility installation meets Title 13: Yes 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 and the Kodiak Island Borough Coastal Management Program 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. Staff Report-Page 2 of 6 Public Hearing Item 7-B P&Z: April 17,2013 16.60.010 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. [Ord. 90-15 §2, 1990]. 16.60.030 Required application. In submitting a vacation application, the applicant shall submit the following items to the community development department director by the deadline established for the commission agenda to be considered at the next regular meeting. A.A written statement containing reasons in support of the vacation. B.A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated. [Ord. 04-07 §3, 2004; Ord. 90-15 §2, 1990]. 16.60.040 Action. A.The commission shall take action on the vacation application within 50 working days after the date of the next available meeting agenda deadline. The commission's action shall be stated in the minutes of the commission meeting.The commission shall notify the applicant in writing of the official statement of findings and reasons for their action within five working days. B. The approval of the vacation shall be effective for a period of 24 months from the date of approval during which time the applicant may perfect the vacation by filing a plat depicting such vacation. The vacation and replatting of the area shall conform with the applicable preliminary and final plat procedures of this title. In those instances where the replat is intended solely to delete an area vacated from a record plat, the replat may be eligible for the abbreviated plat procedures. [Ord. 04-07 §3, 2004; Ord. 90-15 §2, 1990]. Staff Report-Page 3 of 6 Public Hearing Item 7-B P&Z: April17,2013 16.60.060 Additional approval required. A.A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have 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. B.A veto or approval of a vacation under subsection A of this section is a final legislative decision and is not subject to administrative appeal. However,where a vetoed vacation had received administrative approval in conjunction with the preliminary plat for a subdivision, the preliminary plat approval without the vacation is subject to a petition for reconsideration under KIBC 16.90.010. [Ord. 90-15 §2, 1990]. REVIEW AGENCY COMMENTS Alaska Communications Systems-Engineering Department-Kenai No Objection. Alaska Dept. of Transportation & Public Facilities-Central Region Planning No Comment City of Kodiak-Building Officials No Comment City of Kodiak-Public Works Department No Comment Fire Marshal No Comment GC! Cable, Inc. No Comment Kodiak Island Borough-Engineering and Facilities Department No Comment Kodiak Island Borough Parks & Recreation Committee No Comment Staff Report-Page 4 of 6 Public Hearing Item 7-B P82: April 17,2013 Kodiak Electric Association-Engineering Department No Comment U.S. Army Corp of Engineers No Comment United States Postal Service No Comment Kodiak Island Borough-Information Technology Department No Comment STAFF COMMENTS This vacation request is related to a house encroachment 2.2 feet into the platted 10 foot utility easement along the side lot line. The house encroaches 7.2 feet into the required 15 foot side yard setback which is the subject of a related variance request in another case. The petitioner has requested to vacate the entire 10 foot easement on their side of the property line. There is a similar 10 foot easement on the adjoining property that would remain if this vacation request is approved. None of the review agencies has requested to maintain a portion of the easement, however staff notes that there is at present no municipal water and sewer in the area. That being the case, the KIB Resource Management Officer has submitted a comment recommending that the vacation be reduced to just that area encumbered by the footprint of the dwelling unit so that the remainder might be reserved for the day when water or sewer is provided to this area. As has been discussed in the recent rezone review for the landfill tract nearby, the proposed water treatment plant there may one day be expanded to provide wastewater treatment for this area of the Monashka Bay Subdivision. Unfortunately, there is no time frame for this to occur as the Engineering & Facilities Department is currently focused only on the needs of landfill operations. Normally staff would defer to an agency in its area of expertise, but the resource manager is not an expert on water and sewer systems. Nevertheless, it may be premature to extinguish the entire utility easement when there may yet be a need for it in the future. It might behoove the commission to consider postponing the case in order to have the property owner obtain an engineering assessment to see whether this easement might be of value in the context of a future sewer system if it is extended to serve this area. As noted by the Resource Management Officer, compromises have been made in the alternative to balance the need to vacate versus Staff Report-Page 5 of 6 Public Hearing Item 7-B P&Z: April 17,2013 the need to preserve easements, but there is no reasonable way for staff to know what value this easement might hold for the future without some additional engineering investigation. RECOMMENDATION Staff recommends approval of this subdivision request, subject to one (1) condition of approval. APPROPRIATE MOTION Should the Commission agree with staff's recommendation, the appropriate motion is: Move to grant Preliminary approval, according to KIBC 16.60, of the vacation of a ten (10) foot utility easement along the south side property line of Lot 8, Block 2, Island Vista Subdivision, subject to one (1) condition of approval, and to adopt the findings contained in the staff report dated April 3, 2013, as "FINDINGS OF FACT" for this case. Condition of Approval 1. The petitioner shall obtain an opinion from an engineer registered in the State of Alaska that the easement to be vacated has no potential value for the extension of sewer utilities in the area or, if there is found to be value that some lesser vacation may be considered without compromising the potential value of the easement. 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 6 of 6 X ....7.. 1\ 1 Nl. SEE DETAIL-� // `•- / j - PoRnON uricirr N �.� 11 g' p . '' EA3EMENr YRCATED o -::_ L c4 LOT 1 m 40,125 e.f. o i . 355'52 \, ° 25, 3 5 co C R7RrroN urt'rr 2 EASEMENT VACATED K TNis PLAr ' , ._3 4 g°;6''E6 -//0g, g°o m ° ............ ` 14 6 O7 � o o ✓\ , s; '0. 10: VIO 1) / ,F al g ° ° "'' KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.D.2 TITLE: Approval of the Vacation of a 20-Foot Wide Utility Easement, in Accordance with KIBC 16.60.060, Centered on the Common Boundary of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision (P&Z Case S13-022, Stanley Ness). ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: P&Z Decision & Results Letter; P&Z Provisional Minutes for Case No. S13- 022, S13-022 Preliminary Plat, Case Packet S13-022. APPROVAL FOR AGENDA: SUMMARY STATEMENT: The Planning & Zoning Commission granted approval of a preliminary plat where the applicants have shown the need to vacate a 20-foot wide utility easement. The utility easement is centered 10-feet on either side of the lot line common to Lots 1C and 1D, Block 5, Bells Flasts Alaska Subdivision. The existing utility easement currently serves no known utility provider. No recognized utility provider expressed a future interest or need in maintaining the current utility easement. 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. Staff recommends that the Assembly uphold the recommendation of the Commission. RECOMMENDED MOTION: Move to approve the vacation of a 20-foot wide utility easement centered 10-feet on either side of the lot line common to Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision. Kodiak Island Borough Page 1 of 1 * r * % Kodiak Island Borough " Community Development Department Ali , 710 Mill Bay Road ? Kodiak, Alaska 99615 Phone(907)486-9363 Fax (907) 486-9396 May 17,2013 Mr. Stanley Ness PO Box 1311 Kodiak, AK 99615 Re: Case S13-022. Request preliminary approval, according to KIBC 16.40, of the vacation of Lots IC and ID, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision per KIBC 16.60.060. Dear Mr. Ness: The Kodiak Island Borough Planning and Zoning Commission at their meeting on May 15, 2013, granted preliminary approval to the request referenced above subject to the following conditions, as well as the requirements of Chapter 16.50 [Final Plat] of the Borough Code: CONDITIONS OF APPROVAL [I] The vacation of a platted utility easement must be approved by the Kodiak Island Borough Assembly,per Section 16.60.060 A (Additional Approval Required)of the Borough Code. Once these conditions have been met, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty-four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts. After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a re-evaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. According to K1BC 16.90.030 An appeal of the commission's decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and is accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten(10)working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS OF FACT I. 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,in , 14�^Sn^` cm Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Planning& Zoning Commission Horizon Land Surveying Kodiak Island Borough Planning& Zoning Commission Minutes May 15,2013 6:30 p.m.in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the May 15, 2013 regular meeting of the Planningand Zoning Commission at 6:31 p.m. \---;?...- PLEDGE OF ALLEGIANCE ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, Rick,Vahl„M`Drabek, and Frank Peterson.Absent was Sonny Vinberg (submitted resignation). v A quorum was established. �� Community Development Department staff present was Martin Lydick, Duane Dvorak, and Sheila Smith. ( B) Case S13-022 (Prior Case No. S92-009). Request Preliminary approval, according to KIBC 16.40, of the vacation of Lots 1C and tD;Block S>Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and-replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision per KIBC'16.60.060. The applicant is Stanley La Ness and the agent is Horizon nd Surveying. The location is 11097 Chiniak Drive & 10906 Middle Bay Drive and the\ning is-RR-1 Hiural Residential Zoning District. Lydick reported this request wouldn't be before-the commission absent the requested utility easement vacation. The lot line adjustment and utility easement vacation was approved by the commission 21 years ago. a noncontroversial decision. Unfortunately, the applicant didn't complete the administrati`e%process within the required time frame and is requesting permission to proceed with�the--utility easement vacation again. As before staff hasn't identified any issue of•concern related to this request. Staff recommended approval of this request subject to 1 condition of approval. COMMISSIONER%SCHMITT IWOVED to grant preliminary approval, according to KIBC 16.40, of the v c^n of�Lots 1C a d)ID, Block 5, Bells Flats Alaska Subdivision, including the vacation of a'20' wide utility-easement, and replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision per-KIBC 16.60.060, subject to one (1) Condition of Approval, and to adopt those \ c ti\ngs\\-a staff report dated May 3, 2013, as Findings of Fact for Case No. S13 - 022. There was.no,public testimony. CONDITION OF APPROVAL 111 he vacation of a platted utility easement must be approved by the Kodiak Island Borough \Assembly, per Section 16.60.060 A (Additional Approval Required) of the Borough Code. 5/15/2013 P&Z Minutes Page 1 of 2 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. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY c� CISD O 5/15/2013 P&Z Minutes Page 2 of 2 A LOT 311f1 '? VICINITY MAP .. % ALASKA:.::. - 1 SLIE9D1.451°N OWNERSHIP AFFIDAVIT „ i(At),k-gemy[gar Dim I C.C(gs 5.T.R.Tat onszg,...)or .., . . me ggggi-ggr ggggn.no DEVGWEED taw, I(4)KRUM. „-... • b-LA 73. ,- .•. DEOCATE TO IRE nett ALL EASEMENTS FOB guar trung5, I BELLS LOT IB .. ... ....... LCT 2A STREETS.ALLEYS.TRONOLOWARES.POWS MO DRIER P1000 €4ZAS go smkay Ars, DA, • .., .. ,, ' „... NOTARY'S ACKNOWLEDGEMENTS ., < .. 0 72..°- rag 514.41/SEW . „ ... SUBSGRESED AND SWORN 10 BEFORE ME THIS .-- , . , . .., 0Af OF , • e5-.---PROPEIVY LINE C......... AVE 20..“ LCT I C `; ''. '''.e--... AE , ' ... ...... ,.. CATD THIS PLAT r / .... . ... V „ LOT 1-4, .-. '' R.- • ,‘ , ,‘. ,. I. --T ''... ... PLAT APPROVAL ;Tee s' 0S., ,.., •, •... LOr /C-/ ••.... ••.. ...” . ..• 400PA rale PONNIND APA.1 ZONNG COMMISSION 51.119:F. 4 ,. . BLOCK -... , . • .-4 RECOVED APPROVED CRAIR DATE ( LOT 1-D) ............. ....._ '4 -', ''-----. r•.4 ------------------.,-- .j0c11- '7--", ,,,,,,..,,cur,1,‘„i THE ymmu,,FLATS Din ENTRE APPRO.Et.AI ACCORDANCE WITS(ME KODAK sum • Le r 1D-1 UTILITY EASEMENTS —A- -1. ----- ---------------- - - DAY Of VACATED 71115 PLAT .. .7 40.5S• sr 1 . • • MONGER OAW •, ,..' . . . . \5 . "-..--1196A 1) CLERK DAVE .,... „-.-- -- .. DEVELOPMENT DIRECTOR DATE 07 ., ---.......44- _- --- Br SURVEYORS CERTIFICATE ,-.., 0..Jit”J" --' I HEREJErr WRITE 01.41 I AM PROPERLY REGISTERED IRO LICENSED zlfi9...... -----.1.44/ 1.6 ECIEIVEt) —_ AmIS CO ifr....7.,..,,cunir RED raammliVEVIICAltisuevEyTKE 5LAZEO:11.2Knen.44/0uotta .---'!"../Pe ..--•"-.. my Lumci son/m.50N ANO TWAT THE MONLALENTS ONO .-.------.._._--...."--- ....-1---. 1/001.. 1,. in. EPP - 1 252 ..2) KARROVEMENTS SHORN NONCOM ACTUALLY[MST AS DESGRIOLD/AO THAT ALL ENIERSIONS AND OTHER DETAJLS ARE CORRECT. ....i---..-- ......._. _... ,.-• . ..-- CCENCJITESWICEVETROILWINST GM, REGISTRATION 110 5707 ----..e--- . ,...----- LC.SCOW REGISTERED LAND PURVEYOR . VACATION:OF E00 3-c two 1-o.sLocK 5 OF THE SELLS TAX Cep;hr/CA YE RAT5 ALASKA SUSOM,C4/.PLAT 77-5 N NE 4100150 RE:ORONO NSTRICI.NEOAX.ALASKA ,,g,re y,,,,,,,,ow.,,,,,„,„.4c to,..m.,1,0075 or PC Aco.ur 1“4141 erACCCNI ALL 1443 14aSSE0 • REPLAT TO: LOTS 1C-1 AND 10-1. BLOCK 5 CF THE A42 PVC ea/KIST SAO 0114 AMO IN 141,09 OK WC REISS FLATS ALASKA SUBDIVISION IN IRE 1011/N RECORCOVG AJCIAK•ISIANO 00170044-ARC PAID YI#W DISTRICT.KOOK.ALASKA . • corr A.'.SA*C 4:45.A MI5 047 OF rat MR STANLEY NESS la P.O.BOX 1311 KcOiA.K.ALASKA 99615. KDIVAK azAgo.NOR...4..140 czERK HORIZON LAND SURI/EMI.3 INC ."21 r., ,,,. 1.4AWN 07111 EDI 3 P.O.805 1945 ( I 3- n2 2 KODIAK.ALASKA 99615 (0099 486-850C mom., 155. SC. ,or i Public Hearing Item 713 P&Z May 15, 2013 Request: Preliminary approval, according =16 40, @Mate Location 05zi@ Via .13-02 .. Alaska evSaaaug scbea d miiovein ns Cito,OnEM t,i d in cr leaufpgdliaant jg 6d 00 0l01a t2(vt eaBicliloaMctik o 4n e ec1d::O34 e11i 1 3gD1-1:f 10S,w iBtl otci k& 2 Alaska Subdivision cEpang 16 60.060 irowl-74\s, :, asitta,reams, evil 3 , eamortaass satiatticas _ 4 PreLvs e_ssirli#01,t 1\ litiretitns rp a- g- r a irt44 lir g .1944TOSta%. "V 4 i r 4 ,i•i fp arrA i lit 00,4471 0" i ., *Art4 44 # 4p, .0,1,0e# 44%4_ - %-4-. vaa. , , i Legend Location Subject 9AtArtitte. &•. 4 et Ike %%Wit . .S., i ....,iik - 0 ;0 Kodiak Island Borough GIS System cr,..„,.. 7.4.404 0 500 1.000 2 000 3 000 4)00 NI Fe I This map was prepared from the Kod ak Island Borough s 015 System. It is provided for the purpose at showing the general location of a property witfin the Kodiak Island Borough. This map does not represent a survey.More irlorosetion about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486 9333 Case No. S13-022 Introduction Page 1 of 3 Public Hearing Item 7 B P&Z May 15, 2013 44 Kodiak Island Borough Zoning Map e •41 ,r Community Development Department Request: Preliminary approval, according a cc 16.40, @nig Zoning cfigett2 vacation07 Icppi 21:1,Block 4 Bells( P&Z&lag Ma 913-02'2 Alaska Subdivision, includingtfog vacationdelag QSeasement,MIreplattj fl 11l-1, Blockr� ut+�l7 (q@3 Bells a r'16.60.060. Si I i fp, PA\ la4• Pr. INV .. „, . Wiirralti 11 ' , 4 ,.. , sieLasip,isr. „0„, ,, - bir „ .„ i „. 6., '4i® .. : ..... ,,,," ■ , 4.4.- i , ,...„, . *,t Legend Subject Parcels k\hi% Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential _ Light Industrial a Watershed _ Rural Residential 2 Business Rural Neighborhood Commercial Conservation Single Family Residential FT Retail Business _ Urban Neighborhood Commercial Rural Residential Two Family Residential Industrial Natural Use 1 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of sbovnng the general location of a property witlin the Kodiak Island Borough. This map does not represent a survey.More information about the mappng data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Case No. S13-022 Introduction Page 2 of 3 Public Hearing Item 7 B P&Z May 15, 2013 Request: Preliminary approval, according gaCi c,16.40, nn Overlay dap vacationCQ �Q�S•7a[o�BloekS�f (, 5'13-O24 Alaska Subdivision, ineluding(�p vacation cQp e easement,67i1dreplatQ�QVa&bof9 Ian 1 Block l Gi Alaska Subdivision cmgM'.c 16.60.060. ' !. y r, c a S a e W. r F I...711 o u u � � kX'1 Jt e tit 67 4 .- ,n�L ! j' IL• txr «.,'l. t)'t �`'� ;al i' ,® f r '114j - v..t P t`— I '' �p� .,�,+�' �e' _ J'"` 14 1 yL� .ti�!1 - T 't�� �dP f si.d 1."4+'lit - yr l 4y�?p« �, 4 S .i e.+a f .9 r" t X r r' k 3R .' �fjs } f ti.Y t� •`. 1:=tee h I_.,-i.. 'raj r R f Y ^- �. alp e�..Mi .• L t w ^ fir} f" jiltt_ , P _ 1 .y f ; -1.)r -'$' , Of 100.-,: _ t `rii - '" a_ a:a— ^--' t7 5. t .:. Sail' ;of - �� � I.1`, ` Legend x n x ' sy3 ' Subject Location I po eve Kodiak Island Borough GIS System P1 0 62.5 125 250 375 ,00 MF I This crap was prepared from the Kotllak'stand Borough's GIS System. It is provided for the purpose of showing the general location of a property wirtln via Kodiak steel Borough. This map does not represent a survey.Mole Irtonration about the mapping data can be obtained by contaaing Ne Kodiak staid Borough IT Depart ment at(907)486-9333. Case No. S13-022 Introduction Page 3 of 3 Public Hearing Item 7 B P&Z May 15, 2013 Submit by,Finail- tiC Kodiak Island Borough Community Development Department - � ;.. 710 Mill Bay Rd. Rm 205, Kodiak,AK 99615 ArintForm Ph. (907)486-9362 Fax (907) 486-9396 t1! htto://www.kodiakak.us Subdivision Application Kodiak Island Borough Code Title 16 Applicant Information: Property Owner/Applicant: Stanley Ness Mailing Address: PO Box 1311,Kodiak,AK.99615 Phone Number: Other Contact email,etc.: Agent&/or Surveyor: Horizon Land Surveying,Inc Mailing Address: PO Box 1945,Kodiak,AK 99615 Phone Number: (907)486-6506 Other Contact email,etc.: Property Information: Current Legal Description(s): Bells Flats Alaska Subdivision Block 5 Lots 1-C&1-D;&Vacating a 20'wide utility easement Proposed Legal Description(s): Bells Flats Alaska Subdivision Block 5 Lots 1C-1&1D-1 Are you requesting a waiver of any subdivision requirement according to KIBC 16.110.010? ryes Ix No Date: Apr 1,2013 Signature: IG Bergee 1k.(1 e'Ww 999°vv"` �a Payment Verification Fee Payable in Cashier's Office Room Il 104-Main floor of Borough ildg Waiver Plat per KIBC 16.10.050: r $75.00 /4�F_ Abbreviated Plat per KIBC 16.30: r $300.00 Preliminary Plat per KIBC 16.40(maximum 12 lots): r 350.00 e t 1`2013 Preliminary Plat per KIBC 16.40(more than 12 lots): r $t be determiner;•sggd maximum num ^ lots proposed Vacation Plat per KIBC 16.60: /Ow % •.=+rl1UUg F 3 0.00 t non i(pnatnnnf Date: Apr 1,2013 CDD Staff: Martin Ly _AL — k CAse No. 513-022 Application Page 1 of 2 • A LO 2r � SUBDI`451UN VICINI TTY MAP ALASIi �" OWNERSHIP AFFIDAVIT ,fin, n rr.mo M1 µtwE m WO rc4[? v `W499 Wi[ i :.FLA 7i STREETS.&itfl,T, uu:w..+im.m OTHER ru.,c,`' 00.1 SCAM ai LOT IB 1.OT 2.,‘ BELLS an'•. u,,°Le `. NOTARY'S ACKNOWLEDGEMENTS N \' y6 4 FO.`T QN OF �:' SUBSCRIBED AND SWOON 10 BEFORE 4E THIS co N PROPERTY LINE . - ( LGi ? - w FIVE ara 20 Z VACATED,. THIS PLAT rr O �S/i, y..n ra x.vn ....a waa LOT 1-A v- •� \� In l'�+°J- \S6�.DSx r PLAT APPROVAL H-` YAP LOT . sows nua PJw.xc 4u 04x996 aw,51104 W s3 `.� a.�... OBLOCK 's, - _ 500(.0_ N L9 ( LET r 0' 11x1 _ -- .___ s -- .z ra•: "amMAT 4c1991.99199 100 s Mc D +01.`°: LOT 'O-1 .vsiu.s -.-_ ......... A ,mimes c¢i 1996 ar of°1'° -6 +,y°+ ., s ia 06111 DAC m \. J�a:W4- —'ROAD / 01050 LAW .-f .(y Q ,,..---• _ _..---- .- GOLOAC,r JeCaPPEx,(RECTOR o...„- 7 - W BAY �C�i p �p SURVEYORS CERTIFICATE- ._ A.w4/J r;Q/ ,.r9 ' S 1Y GS 0. 16 W 6 P V IC D tFF4R ErFAW T CIVR Y REGISTERED WED all In 06:1C1 SuPEPASON APO TRAY Mt SONUICIns AC N G,- - I iIOBLE... u'� APR - AU D ,Wi.5.x0.0"�`riuixvc 1 w a�K.v Mc 99501(0. 1011.wo •O - \'�.. - u4vL•unGN30041wMlldl GR. 9EGRR+l D44J�,r? NJ 111 BG::FS 511010 ONO:IIR.S000 VACATION:or rn LOT:,-c AND I-o,Bo,I Or Lit BELLS 2° v TAX C.J')1'.lCA Tf MT-446x.y60W^pr PLAT))q w 050 10.40 N _ xr-aro*w o:rwcr.540.x.A.w. • I rrtm cl/GT Mu 4C4 .K:,71411:i,a?5 r.WWW CAW fiawom 01. ...06 4(7501 REPLAY TO: cor:¢-,.40,o-,.mow a a HE N 00054`"aAlV %4'nO.a oo 01.129901 Cr mr DISTRICT.00000 Q:c44xa'`.aWSOn wroc CO An RECORDING "C CD 1051^•47.n.W,••s•W ms DA?OF l40 61.99011,css H N sD .o.BOA CT, -s .m 4 99615 7 Kama.uw.D 01.1_.10u.a. meow,440 aw4E.x.;INC ""` is. °' 54 N Op— :� 13 n2� „9.5 �.. 00 mm. ,C,, - C ry xCdP(, 50111999610 ~` co 0On+BS-6506 UJ U CO Public Hearing Item 7 B P&Z May 15, 2013 'Jr Kodiak Island ®rough x j .,, Community Development Department • _ 6,4 er 710 Mill Bay Road Room 205 4 ,.t � Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us April 5,2013 Mr.Stanley Ness PO Box 1311 Kodiak,AK 99615 Re: Case S13-022. Request preliminary approval, according to KIBC 16.40, of the vacation of Lots IC and ID, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots IC-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision per KIBC 16.60.060. Dear Mr.Ness: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 15, 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, May 8, 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 CC: Horizon Land Surveying, Inc Case No. 513-022 Public Comment Page 1 of 10 Public Hearing Item 7 B P&Z May 15, 2013 a* * ,, . ,, Kodiak Island Borough -;! k Community Development Department /`. 710 Mill Bay Road Room 205■ q Kodiak, Alaska 99615 a° Phone (907)486-9363 Fax (907)486-9396 www.kodiakak.us TO: PRELIMINARY PLAT REVIEW AGENCIES Alaska Communications Systems-Engineering Department-Kenai Alaska Department of Fish & Game-Division of Habitat Alaska Dept. of Transportation & Public Facilities-Central Region Planning City of Kodiak-Building Officials Fire Marshal GC! Cable, Inc. Kodiak Island Borough-Engineering and Facilities Department Kodiak Island Borough Parks & Recreation Committee Kodiak Electric Association-Engineering Department U.S. Army Corp of Engineers Womens Bay Community Council Womens Bay Service Area-Board of Supervisors United States Postal Service Kodiak Island Borough-Information Technology Department FROM: Sheila Smith, Secretary DATE: April 4, 2013 RE: Case S13-022. Request preliminary approval, according to KIBC 16.40, of the vacation of Lots IC and 1D, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots 1C-1 and ID-I, Block 5, Bells Flats Alaska Subdivision per KIBC 16.60.060. The Kodiak Island Borough Community Development Department received the enclosed plat for review and action by the Kodiak Island Borough Planning and Zoning Commission at their May 15, 2013 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. We would appreciate your review and comment regarding this proposed plat. The week prior to the regular meeting on Wednesday, May 8, 2013 at 6:30 p.m. in the Kodiak Island Borough Conference Room, the Commission will hold a work session to review the packet material for the regular meeting. Therefore, we will need to receive your comments no later than 5:00 p.m. on Tuesday, April 30, 2013 in order for your comments, suggestions, or requests to be considered by staff and discussed at the packet review work session. If we do not receive a written response from you by April 30th, we will conclude that you have no requests or suggestions. Our FAX number, should you wish to use it, is 486-9396 or you may email comments to ssmithkodiakak.us.cr If you have any questions, please call the Community Development Department at 486-9363. Case No. 513-022 Public Comment Page 2 of 10 Public Hearing Item 7 B P&Z May 15, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 April 4, 2013 Public Hearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 15, 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: S13-022 (Prior Case No. S92-009) APPLICANT: Stanley Ness AGENT: Horizon Land Surveying REQUEST: Preliminary approval, according to KIBC 16.40, of the vacation of Lots IC and ID, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots IC-1 and ID-I, Block 5, Bells Flats Alaska Subdivision per KIBC 16.60.060. LOCATION: 11097 Chiniak Drive & 10906 Middle Bay Drive ZONING: RR-1 Rural Residential Zoning District This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm,April 30,2013 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@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, May 8, 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. S13-022 Public Comment Page 3 of 10 171:. r 1 • A LOT 2Ir SI VICINITY MAP ALASA .... OWNERSHIP AFFIDAVIT TOIL Hpbry".:ca."1:2•?F471.2rer Orncalt To(AC Rauc ALL EASEACNIS Fun Riauc Molts. I BELLS L IL:AT 15: . ...... 11'........-,111,...1,', 1 :.°B..19J:i..:...1... LOT 2.. STREETS.Puns.noscsonons.PARIS MOO OTHER POLK AREAS SI.7"N HEREON. s,...w.yas . RAIL' n - , ---. -. NOTARY'S ACKNOWLEDGEMENTS 0 Kn '.0 • ' 0.. '.5 ::: FD . , ..-• .„ , „ - SUOSGRSED AND 5000000 TO WORE YE THIS ‘-r-C-PROPERTY LNE W o„0, xo Cf1 • .' . N. VA ‘. CATEo, THIS PLAT / ii ,..„ „ . I--, ------ , LOT 1-A . * 0.1 -• PLAT APPROVAL 6 tor Tc-, .7 7 51.7h9.r.t . NJ . NJ . N -0 ' nano AnRCVED ..' ....- „...., . C .- ; ' ".- ( Lur 1-D) ENDRE ._ .2 t.T.e -- TN,r.TO CERTIFY Mkt THE ilITI.Pin is Duo, ;02-..•-.. APPRO.EL.nt 0...tORCARCE%ITN DIE KM.6LAND Cr ------- ---------------- -.1e'..7;.'"-- OAY or — -#.''' r./. LOT 70—I unuTY EA-SWENTS —..- '. „c.i.f..°,..,P.L., . . 40.5" or. ,...."-. ,, , -- DATE n ' . ._...-• o CLERK AXE ... '-3z!r,. . --- ....,- _ ccuin.r.D&ELOPMENT(14.LECTOR WE CD SURVEYORS CERTIF/CATE .- i,vEREDY CERTFY TOOT I AY MOKPO'REGISTERED:NO LICE/a:0 •-• ..------ 4) .."'"-&-4/./ nAJ70/1.1. _...,-"-' "' S If ----- .... lirii E CE 0 V E-71 n,,,,c,L",,,,,,,.4 nit sum or E II-AT TH4°1-A,REPRZSWIS A SORvn"DE R,'AC GR N.DER ..-• ' CU ,,.......' ...010171 suprimSO4-0 THAT THE NONularnS ARO • MI -•.-... - .-- --.POL 1111 APR -I zou ..1..9 &PRO/Li/04M SHORN( ON AL11..u.T EXIST AS DESGMBED AND 114nr All LOIEWAVDIS NW 011CR DET41.5 ARE CORRECT. co --.............„--. .:-..- " a CC:alLNIVECVELNUNTIOUTILYI Colt, REES-M.00N NO - ----"....- . . is eiCia REGISTERED L.0 SURVEYOR i•-• ...- co _.- • -0 -o ROC VACATION:OF WE.■-G MO 1-0.'Ks.,5 OF DC&as NJ Cr T A X C F TrICA TE FLAT'.AL.AycA suEGIVOCN,PLAT 77-5 ON THE■001AK RE:CRONG 0511007.KAYAK,ALASKA -- E (1 i NOTE'COM"Alit ACCAPC.+C;:`.7E 7:A0C,S REPLAT TO: LOTS 1C-1 MO 10-1.sun 5 or TIC CU I ...'7,•C,a..,4x/YAW SOPCCLY ALL F..0:'S Cr-SSr, ems RATS/1.ASKA SUCCINSIOR IN THE Klam RECORDING AAA Mir,CAIASI SAO(MAX AV 10,I A VOA Or Rif '..< ,D DISTRICT.ICODPA...ALASKA A.L04.,ISZAVO 61CROUGH ARE asp.7.FLU I-a CU l'AFF^.;I;AXIAIA CAS.,?AC WU'or oo NAT.„Antrir let In 2.) 9., "„13), "- nCOAJA ALAsAA 90615 N.) ao •XIS ISM IBORJA:30 aro? HORIZC.1/TAT SUR%M.,INC r-so' urn.270,2313 CD -- P.0 BOx 1945 . 1--‘ itit i .1 -- I)2 2 KCOIAS.ALASKA 99.01, ‘RA.,rt (son ase-asoc I 9."- ow 1 La ---.1 CO Public Hearing Item 7 B P&Z May 15, 2013 Location 11097 Chiniak Dr. & 1aseS13ddleBayDr. Case S13-022 Notification Area Map Applicant Stanley Ness A 0Py 1p909 rv0 d O Oy ,2 m c 0 , ^ e O ,e ry U 0 e1 S/ N ry bs/ <tr Id !" :b A. ry ne Op`40 0 1094 ro Q 3ti 0 2 P Op0 1N'332 , M\OO ,1 Ow„E 9P road 1 It?, e- 0 ? 7'766 �• p909 ¢m` �k o�2 1,0^ a *I •E o ryr ry 0>e iiiikei ,O s„ Kodiak Island Borough GIS Legend N Subject Parcels W E Mk i.a Feet ' 0 r zso 500 1,�0 Notification Area s This map was prepared from the Kodiak Island Borout's GIS System. It is provided for the pupose of showing the general location of a property within the Kodiak Island Borough. This map does not represort a survey.Mare information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)4E6-9333 Case No. S13-022 Public Comment Page 5 of 10 Public Hearing Item 7 B P&Z May 15, 2013 I I first_name last_name Mail_Line_ Mail_City Mail_St:Mail_Zip DENNIS&THERESA BUTTS 11068 LAKE ORBIN DR KODIAK AK 99615 TIMOTHY CALDAS 11000 LAKE ORBIN RD. KODIAK AK 99615 THOMAS CUBBEDGE PO BOX 2286 KODIAK AK 99615 QUENTIN SW FONG 118 TRIDENT WAY KODIAK AK 99615 MARK HOLT PO BOX 1218 KODIAK AK 99615 HOUSE OF SCOTT PO BOX 1675 KODIAK AK 99615 JOHN ISADORE PO BOX 33 KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 GERALD LAFOLLETTE P 0 BOX 2366 KODIAK AK 99615 JOHN&SUSAN MCENTEE PO BOX 8702 KODIAK AK 99615 STEVEN MCKECHNIE 10843 CHINIAK DR KODIAK AK 99615 PARRY NELSON PO BOX 92 KODIAK AK 99615 STANLEY NESS PO BOX 1311 KODIAK AK 99615 MARIUS OLSEN 10809 CHINIAK DR KODIAK AK 99615 MANIMONE SOURIYASONG 10891 CHINIAK DR KODIAK AK 99615 FREDERICK&MELODY WALTMAN 11019 CHINIAK DR KODIAK AK 99615 Case No. S13-022 Public Comment Page 6 of 10 Public Hearing Item 7 B P&Z May 15, 2013 Kodiak 0 0 •,4 , CNW I907l aas»oD BoK.7E7.i- ,'1za � " = __, ,._ _. ... KDDIAK,.ALASKA 99615-0787 April 9, 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 April 4, 2013. Case S13-022. Request preliminary approval of the vacation of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' utility easement, and replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision. No comment. Thanks for the opportunity to comment. Sincerely, ., j ti APR 9 2013 DeA Q COMMUNITY DEVELOPMENT DEPARTMENT Jim Devlin Engineering Manager Kib040913.doc Case No. S13-022 Public Comment Page 7 of 10 Public Hearing Item 7 B P&Z May 15, 2013 LOT 2E LOT 2C� LOT 2F O O OS 1P LOT 2B-1 NO OBJECTIONS LOT I-B gsf A COMMUNICATIONS SYSTEMS I"/S PLAT OT 1B-I �. d DATE: `_-_-_3 LOT l-A B't 513-02 Z, LOT 1-0 MIDO LIKE W&N 7R Al VICINITY MAP • OWNERSHIP AFFIDAVIT I (WE) HEREBY CERTIFY THAT I (WE) AM (ARE) THE OWNER(S) OF THE PROPERTY SHOWN AND DESCRIBED HEREON. I (WE) HEREBY DEDICATE TO THE PUBLIC ALL EASEMENTS FOR PUBLIC UTILITIES, STREETS, ALLEYS, THOROUGHFARES, PARKS AND OTHER PUBLIC AREAS SHOWN HEREON. STANLEY NESS DATE NOTARY'S ACKNOWLEDGEMENTS FOR STANLEY NESS SUBSCRIBED AND SWORN TO BEFORE ME THIS '/ • ri E DAY OF 20 8s NOTARY FOR ALASKA MY COMMISSION EXPIRES PLAT APPROVAL KODIAK ISLAND PLANNING AND ZONING COMMISSION RECEIVED APPROVED Case No. S13-022 Public Comment Page 8 of 10 • Public Hearing Item 7 B P&Z May 15, 2013 4-r°\\`1 i,'F THE STATE Department of Transportation of^ L ^ STj A 1`Cl and Public Facilities ly C1 i 1.1! , CENTRAL REGION GOVERNOR SEAN PARNELL _ -- - — • - "^ , -- - — - - - - - --- 4111 Aviation Avenue P.O.Box 196900 Anchorage,Alaska 99502 Main:907.269.0520 Fax:907.269.0521 April 18,2013 Ms. Shelia Smith,Secretary Kodiak Island Borough 710 Mill Bay Road Room 205 Kodiak,AK 99615 Dear Ms. Smith: The Alaska Department of Transportation and Public Facilities,ADOT&PF,Central Region platting review committee has no comment recently submitted plat: S13-007; Sawmill Subdivision;.Lot 1 and 2 S13-021; Cottonwood Cove Subdivision S 13-022; Bells Flats Alaska Subdivision • S 13-024;_Millen Point Subdivision and Lot IA,and Block C • Sincerely, • • deceryuyN Joselyn Biloon. Area Planhei : • "Get Alaska Moving through service and infrastructure." Case No.513-022 Public Comment Page 9 of 10 Public Hearing Item 7 B P&Z May 15, 2013 Sheila Smith From: Giefer, Joe (DFG) <joe.giefer @alaska.gov> Sent: Tuesday, April 30, 2013 1:38 PM To: Sheila Smith Cc: Fink, Mark J (DFG); Frost, Wiliam D (DFG) Subject: KIB Case#S13-021, S13-022, and S13-023 Sheila, The Alaska Department of Fish &Game (ADF&G) has reviewed three Preliminary Plat reviews described in Public Notices from the Kodiak Island Borough, reference Case#'s S13-021, S13-022, and S13-023. 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 plats as proposed. Thank you for the opportunity to review and comment on these proposals. 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 Case No. S13-022 Public Comment Page 10 of 10 • • Public Hearing Item 7 B P &Z May 15, 2013 MEMORANDUM DATE: May 3, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the May 15, 2013 Regular Meeting CASE: 513 -022 APPLICANT: Stanley Ness AGENT: Horizon Land Surveying, Inc. REQUEST: Preliminary approval, according to KIBC 16.40, of the vacation of Lots 1C and 10, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots 1C-1 and 10-1, Block 5, Bells Flats Alaska Subdivision per KIBC 16.60.060. LOCATION: 11097 Chiniak Drive & 10906 Middle Bay Drive ZONING: RR-1 Rural Residential Zoning District Sixteen (16) public hearing notices, and fourteen (14) review agency notices were mailed on April 4, 2013. Date of site visit: 1. Minimum lot size: 40,000 square feet Compliance: Yes 2. Minimum lot width: 120 lineal feet Compliance: Yes 3. Existing land uses: Single Family Residence &Vacant Compliance: Yes 4. Existing structure(s) on the property: Yes Compliance with setbacks: Yes Compliance with other zoning regulations: N/A Encroachments: No 5. Topography: Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes Case S13-022 Staff Rpt Page 1 of 5 • Public Hearing Item 7 B P &Z May 15, 2013 6. Physical Features: Wetlands, streams, drainage courses: No Need for driveway/access restrictions: No Adequate line of sight: Yes Adequate access for additional traffic volume: Yes Adequate access from a safety standpoint: Yes Neighborhood character: Large lot, Low-density Residential Double frontage lots: No Flag lots: No Adequate access for fire apparatus: Yes Utility installation meets Title 13: N/A Common wall or zero-lot line: No Frontage on dedicated public right-of-way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: N/A 8. Applicable Regulations: The following sections of Title 16 of the Borough Code and the Kodiak Island Borough Coastal Management Program 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. 16.60 -Vacations 010 -Generally. Case 513-022 Staff Rpt Page 2 of 5 Public Hearing Item 7 B P & Z May 15, 2013 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 PRELIMINARY PLAT REVIEW AGENCIES Alaska Communications Systems-Engineering Department-Kenai "No Objections" Alaska Department of Fish & Game-Division of Habitat "ADF&G has no objection to the preliminary plats as proposed." Alaska Dept. of Transportation & Public Facilities-Central Region Planning "The Alaska Department of Transportation and Public Facilities, ADOT&PF, Central Region platting review committee has no comment recently submitted plat": City of Kodiak-Building Officials Fire Marshal GCI Cable, Inc. Kodiak Island Borough-Engineering and Facilities Department Kodiak Island Borough Parks & Recreation Committee Kodiak Electric Association-Engineering Department "No comment" U.S. Army Corp of Engineers Case S13-022 Staff Rpt Page 3 of 5 Public Hearing Item 7 B P & Z May 15, 2013 Womens Bay Community Council Womens Bay Service Area-Board of Supervisors United States Postal Service Kodiak Island Borough-Information Technology Department STAFF COMMENTS The purpose of this request is to vacate a lot line and platted utility easement in order to eliminate an encroachment by a 30' X 60' accessory building primarily located on Lot 1C. The lots are in common ownership so there is no other party affected by the action, other than any authorized utility entity which may express an interest in retention. The Kodiak Island Borough Planning & Zoning Commission, at their regular meeting on April 15, 1992, granted preliminary approval to the request for re-plat and easement vacation'. The Kodiak Island Borough Assembly approved the vacation request at the regular meeting on May 7, 19922. The applicant was notified of the twenty-four (24) month timeline requiring submission of a final plat for approval in order to avoid the lapse of preliminary approval3. The applicant neglected to adhere to the stipulated timeline, and with this action is again requesting preliminary approval for the re-plat and easement vacation. Per KIBC 16.60 A., the vacation of a public utility easement must be approved by the Borough Assembly prior to finalization. Assuming Commission approval, Assembly review will be the next step in reconstituting the applicant's ability to produce a final plat for review and ultimate recording. 1 Appendix pg.4 of 11 2 Appendix pg. 1 of 11 Appendix pg.5 of 11 Case S13-022 Staff Rpt Page 4 of 5 Public Hearing Item 7 B P &Z May 15, 2013 RECOMMENDATION Staff recommends approval of this request subject to one (1) condition of approval. APPROPRIATE MOTION Should the Commission agree with staffs recommendation,the appropriate motion is: Move to grant preliminary approval, according to KIBC 16.40, of the vacation of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision per KIBC 16.60.060, subject to one (1) Condition of Approval, and to adopt those findings in the staff report dated May 3, 2013, as Findings of Fact for Case No. S13-022. CONDITIONS OF APPROVAL [1] The vacation of a platted utility easement must be approved by the Kodiak Island Borough Assembly, per Section 16.60.060 A (Additional Approval Required) of the Borough Code. 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. Case S13-022 Staff Rpt Page 5 of 5 Public Hearing Item 7 B P&Z May 15, 2013 0 / Kodiak Island Borough j�f c T ,; /'O; 710 MILL BAY ROAD # ,: --- KODIAK, ALASKA 99615.6340 i PHONE (907) 486.5736 May 11, 1992 Stanley Ness P.O. Box 1311 Kodiak, Alaska 99615 RE: Case S92-009. Request for preliminary approval of the vacation of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots IC-1 and 1D- 1, Block 5, Bells Flats Alaska Subdivision. 10964 and 10906 Middle Bay Drive. Dear Mr. Ness: At their meeting on May 7, 1992, the Kodiak Island Borough Assembly approved vacation of the 20' utility easement referenced above. Please refer to our letter dated April 16, 1992 for information on how to proceed to complete the replatting of your property. If you have any questions about this process please feel free to call the Community Development Department at 486-9363. Sincerely, Linda L. Freed, Director Community Development Department c.c. Ecklund Surveying Donna Smith, Clerk, KIB KIBS214537 Case No S13-022 Appendix Page 1 of 11 Public Hearing Item 7 B P&Z May 15, 2013 I I indicated that the Borough was unable to attract qualified applicants at the present entry salary. VOTE ON MOTION Ayes: Gould, Hancock, Milligan, Monroe Noes: Fitzjearl Absent: Stevens, McFarland MOTION CARRIED 4 Ayes, 1 No 3. Rural Development Assistance (RDA) Grant RURAL for an Import Feasibility and Support DEVELOPMENT Project. ASSISTANCE GRANT GOULD, moved to accept Rural seconded by FITZJEARL Development Assistance (RDA) Grant for an Import Feasibility and Support Project monies of $30,000 and include in FY93 budget. Mayor Selby explained that the grant award of $30,000 was from the Community and Regional Affairs Department under the RDA program designed to identify and support development of the local economy. VOTE ON MOTION Ayes: Hancock, Milligan, Fitzjearl, Gould, Monroe Noes: None Absent: Stevens, McFarland MOTION CARRIED Unanimous 4. Vacation of 20' Wide Easement Along the Lot VACATION OF Line Common Between Lots lC and 1D, Bells ' EASEMENT Flats Alaska Subdivision (10964 and 10965 Middle Bay Drive) . FITZJEARL, moved to approve the seconded by GOULD vacation of a 20' wide easement along the lot line common between lots lC and 1D, Bells KIBS214538 Flats Alaska • Regular Assembly Meeting Volume X V May 7, 1992 Page 132 Case No 513-022 Appendix Page 2 of 11 Public Hearing Item 7 B P&Z May 15, 2013 ITEM NO. Kodiak Island Borough AGENDA STATEMENT Meeting of: May 7, 1992 ITEM TITLE: Approval of a vacation granted by the Planning and Zoning Commission of the vacation of a 20' wide utility easement. Lots 1C and 10, Block .5, Bells Flats Alaska Subdivision. SUMMARY STATEMENT Kodiak Island Borough Code section 16.60.060 states: A decision to grant a vacation is not effective unless approved by the City Council if the vacated area is within a city, or by the Assembly if the vacated area is within the Borough outside a city. The Council or Assembly shall have thirty (30) days from the receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the Council or Assembly shall be considered to have been given to the vacation. At their meeting on April 15, 1992, the Kodiak Island Borough Planning and Zoning Commission preliminarily approved the vacation and replat of Lots 1C and 10, Bells Flats Alaska Subdivision, to Lots 1C-1 and 1D-1, Bells Flats Alaska Subdivision. FISCAL NOTES [X] N/A Expenditure Account Required -0- General Fund N/A APPROVAL FOR AGENDA: Mayor• -<:.` RECOMMENDED ACTION: The Kodiak Island Borough Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly approve the vacation of a 20' wide utility easement along the lot line common between Lots 1C and 1D, Bells Flats Alaska Subdivision. KIBS214540 Case No 513-022 Appendix Page 3 of 11 Public Hearing Item 7 B P&Z May 15, 2013 1 l � Kodiak Island %:®rough f ° e (i'' R' 710 MILL BAY ROAD :, 7 1 �• KODIAK, ALASKA 99615-6340 • ;.1. •.A. PHONE (907) 486-5736 ` '4' /4/ (. I 2, t April 16, 1992 Stanley Ness P.O. Box 1311 Kodiak, Alaska 99615 RE: Case S92-009. Request for preliminary approval of the vacation of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots 1C-i and 1D- 1, Block 5, Bells Flats Alaska Subdivision. 10964 and 10906 Middle Bay Drive. Dear Mr. Ness: The Kodiak Island Borough Planning and Zoning Commission at their meeting on April 15, 1992, granted preliminary approval to the request referenced above subject to the following conditions (in addition to the requirements of Chapter 16.50 [Final Plat] of the Borough Code): 1. The surveyor will insure the final location of the replatted lot line will be located such that the toe of fill for the accessory building on Lot 1C-1 will be located entirely on Lot 1C-1. 2. The vacation of a platted utility easement must be approved by the Kodiak Island Borough Assembly, per Section 16.60.060 A (Additional Approval Required) of the Borough Code as follows: 16.60.060 Additional Approval Required A. A decision to grant a vacation is not effective unless approved by the City Council if the vacated area is within a city, or by the Assembly if the vacated area is within the Borough outside a city. The Council or Assembly shall have thirty (30) days from the receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the Council or Assembly shall be considered to have been given to the vacation. KIBS214554 Case No S13-022 Appendix Page 4 of 11 Public Hearing Item 7 B P&Z May 15, 2013 r Kodiak Island Borough Stanley Ness April 16, 1992 Page Two Please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. For your information, State of Alaska regulations require that all subdivisions be approved by the Alaska Department of Environmental Conservation (ADEC). It is your responsibility to obtain approval from ADEC, which may be contingent upon certification by the City of Kodiak that adequate capacity for wastewater treatment exists at the City operated wastewater treatment facility. This certification goes beyond the scope of the preliminary subdivision approval granted by the Planning and Zoning Commission, therefore, inability to obtain this certification may result in delays, beyond the control of the Kodiak Island Borough, in the final subdivision process. The approval of this preliminary plat shall be effective for twenty-four (24) months from the date of approval. After this time, the preliminary plat shall become null and void unless an extension of time is granted by the Planning and Zoning Commission prior to the expiration of the preliminary plat. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing - a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. KIBS214555 Case No 513-022 Appendix Page 5 of 11 Public Hearing Item 7 B P&Z May 15, 2013 Kodiak Island Borough Stanley Ness April 16, 1992 Page Three The Planning and Zoning Commission adopted the following findings of fact in support of their decision: 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: and 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 4. The vacation of the utility easement, as indicated on the preliminary plat dated February 21, 1992, will not adversely affect the municipality, service district or utility companies in their ability to provide services to the public in 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, -Le PI-t(60, 0 Eileen Probasco, Secretary Community Development Department cc: Ecklund Surveying KIBS214556 Case No S13-022 Appendix Page 6 of 11 Public Hearing Item 7 B P&Z May 15, 2013 Public Hearing Item VI-E Kodiak Island Borough r' MEMO . ANDUM DATE: April 7, 1992 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the April 15, 1992 Commission Meeting CASE: S92-009 APPLICANT: Stanley Ness AGENT: Roy Ecklund REQUEST: Preliminary approval of the vacation of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision. LOCATION: 10964 and 10965 Middle Bay Drive ZONING: RR 1--Rural Residential One Twenty-three (23) public hearing notices were mailed on April 1, 1992. Date of site visit: April 3, 1992 1. Minimum lot size: 40,000 square feet Compliance: Yes 2. Minimum lot width: 120 feet Compliance: Yes 3. Existing land uses: Lot 1D, Vacant; Lot 1C, SFR Compliance: Yes KIBS214543 Case 5.92.009 Page 1 of 5 P&Z:April 15. 1992 Case No S13-022 Appendix Page 7 of 11 Public Hearing Item 7 B P&Z May 15, 2013 I , Public Hearing Item VIZ 4. Existing structure(s) on the property: Lot 1C, Residence and Accessory Building Compliance with setbacks: No (See Comments) Compliance with other zoning regulations: Yes Encroachments: Yes (See Comments) 5. Topography: Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: NA 6. Physical Features: Wetlands, streams, drainage courses: No Need for driveway/access restrictions: No Adequate line of sight: Yes Adequate access for additional traffic volume: Yes Adequate access from a safety standpoint: Yes Neighborhood character: Large Lot, Low-density residential, Subdivision not completely developed Double frontage lots: NA Flag lots: No Adequate access for fire apparatus: Yes Utility installation meets Title 13: NA KIBS214544 Case S-92-009 Page 2 of 5 P&Z.April 15. 1992 Case No S13-022 Appendix Page 8 of 11 Public Hearing Item 7 B P&Z May 15, 2013 Public Hearing Item VI-E 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: NA Coastal Management Applicable Policies The KIBCMP does not address minor changes in the design of pre- existing residential lots where there is no change in the use or permitted density of development. COMMENTS The purpose of this request is to vacate a lot line and platted utility easement in order to eliminate an encroachment by a 30' X 60' accessory building intended to be located on Lot 1C. The lots are in common ownership so there is no other party affected other than the applicant. Discussions with the Borough Engineering and Facilities Department indicate that future utilities in this area would most likely be located within the Middle Bay Road and Chiniak Drive right-of-ways. Therefore, no objection has been received concerning the proposed vacation of the platted utility easement. The vacation of a public utility easement must be reviewed by the Borough Assembly prior to finalization. Staff suggests a finding be made in support of the easement vacation as part of this review. KIBS214545 Case 5-92-009 Page 3 015 P&Z:April 15. 1992 Case No S13-022 Appendix Page 9 of 11 Public Hearing Item 7 B P&Z May 15, 2013 Public Hearing Item VI-E AGENCY COMMENTS KIB Engineering and Facilities Department A condition of approval is recommended to have the surveyor certify the toe of the fill underlying the accessory building is completely located on Lot 1C-1, prior to filing the final plat. Staff was unable to make this determination in the field due to snow and ice conditions at the time a site visit was made. Should the Commission grant preliminary approval to this request, staff suggests the Commission adopt the following findings of fact in support of the decision. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Tide 16 of the Borough Code. 2. This plat meets all the requirements of Tide 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. 4. The vacation of the utility easement, as indicated on the preliminary plat dated February 21, 1992, will not adversely affect the municipality, service district or utility companies in their ability to provide services to the public in this area. RECOMMENDATION Staff recommends approval of this request subject to the following conditions: 1. The surveyor will insure the final location of the replatted lot line will be located such that the toe of fill for the accessory building on Lot 1C-1 will be located entirely on Lot 1C-1. 2. The vacation of a platted utility easement must be approved by the Kodiak Island Borough Assembly, per Section 16.60.060 A (Additional Approval Required) of the Borough Code as follows: KIBS214546 Case 5.92009 Page 4 of 5 P&Z:April 15, 1992 Case No S13-022 Appendix Page 10 of 11 Public Hearing Item 7 B P&Z May 15, 2013 Public Hearing Item VI.E 16.60.060 Additional Approval Required A. A decision to grant a vacation is not effective unless approved by the City Council if the vacated area is within a city, or by the Assembly if the vacated area is within the Borough outside a city. The Council or Assembly shall have thirty (30) days from the receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the Council or Assembly shall be considered to have been given to the vacation. APPROPRIATE MOTION Move to grant preliminary approval of the vacation of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision, including the vacation of a 20' wide utility easement, and replat to Lots 1C-1 and 1D-1, Block 5, Bells Flats Alaska Subdivision; subject to the conditions of approval contained in the staff report dated April 7, 1992; and to adopt the findings contained in the staff report dated April 7, 1992, as "Findings of Fact" for this case. KIBS214547 Case S-92.009 Page 5 of 5 P&Z:April 15, 1992 Case No 513-022 Appendix Page 11 of 11 IL. ,_ "1 KODIAK ISLAND BOROUGH ' ✓ AGENDA STATEMENT 4.REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.D.3 TITLE: Hiring for the Position of Community Development Director at Salary Range 24.0, Step K. ORIGINATOR: Borough Manager FISCAL IMPACT: ® Yes $ or❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: KIB Current Salary Schedule, Fox Lawson & Associates Summary of Salary Data Comparisons APPROVAL FOR AGENDA: by SUMMARY STATEMENT: The Community Development Department Director position has been officially vacant since January 2013, but really since June 2012. After advertising in newspapers and in Planning periodicals, negotiations are taking place with an applicant that has many years as a Planner, a Planning Director, and who has Kodiak experience. This individual is felt to be the most qualified to manage a department that is currently down two staff members, and has an outstanding project of finalizing a new zoning and subdivision code. Negotiations have stalled when discussing salary. Section 409 of the Personnel Code states that Assembly approval is required for any starting wage above Step C. It is recommended that the Assembly approve this request to exceed the Step C rating and offer the job at Step K. As stated above, the applicant meets the qualifications and required duties of the position. Also, the recent salary and compensation study indicates the mid-range of the CDD position at $111,110.44, well above the $94,925 that has been the negotiated salary with the Planning Director applicant. Based on the applicant's qualifications, work history, and familiarity of Kodiak, it is recommended that the applicant be hired at a Range 24, Step K. RECOMMENDED MOTION: Move to authorize the salary placement of the Community Development Director at Salary Range 24, Step I. Kodiak Island Borough Page 1 of 1 CURRENT SALARY SCHEDULE 1 A B C D E F G H I J K L M +- 4. ' 55 ,,n: -"t9, �- ,, 22 50 A 68 860 70,581 72,346 74,155 76 i 1• 09 �5�; `° .7^� '''"�a8 �"".. �a�ur ` ' w�"' "'^"^ -x -:.....,,.;,., _ H 33.1057 33.9334 34.7817 35.6513 36.5426 37 4561 38.3926 39.3523 40.3361 41.3446 42.3782 43.4378 44.5236 »{ 23.00 A 70,581 72,346 74,155 76,009 77,909 79,857 81.853 83,899 85,997 88,147 90.351 92,609 94,925 H 33,9334 34.7817 35.6513 36.5426 37.4561 38.3926 39.3523 40.3361 41.3446 42.3782 43,4378 44.5236 45.6368 23,50 A 72,346 74,155 76,009 77,909 79,857 81,853 83,899 85997 88,147 90,351 92,609 94,925 97,297 H 34.7817 35.6513 36.5426 37.4561 38.3926 39.3523 40.3361 41.3446 42.3782 43.4378 44.5236 45.6368 46.7776 k 2460 h 74,155 76609 77,909 79,857 81,853 83,899 85,997 88,147 90,351 92,609 94,925 97297 99,730 t 35.6513 36.5426 37.4561 38.3925 39.3523 40.3361 41.3446 42.3782 43.4378 44.5236 456368 46.7776 47.9471 24.50 A 76,009 77,909 79,857 81.853 83,899 85,997 88,147 90,351 92,609 94,925 97,297 99,730 102,223 H 36.5426 37.4561 38.3926 39.3523 40.3361 41.3446 42.3782 43.4378 44.5236 • 45.6365 46.7776 47.9471 49.1457 25.00 A 77,909 79,857 81,853 83,899 85,997 88.147 90,351 92,609 94,925 97,297 99,730 102,223 104,779 1 H 37.4561 38.3926 39.3523 40.3361 41.3446 42.3782 43.4378 44,5236 45.6368 46.7776 47.9471 49.1457 50.3743 25.50 A 79,857 81,853 83,899 85,997 88.147 90,351 92,609 94,925 97,297 99,730 102.223 104,779 107,398 1111 H 38.3926 39.3523 40,3361 41.3446 42,3782 43.4378 44.5236 45.6368 46.7776 47.9471 49,1457 50.3743 51.6337 26.00 A 81,853 83,899 85,997 88,147 90,351 92,609 94,925 97,297 99,730 102,223 104,779 107,398 110,083 H 39.3523 40.3361 41.3446 42.3782 43.4373 44.5236 45.6368 46.7776 47.9471 49,1457 50.3743 51.6337 52.9245 26.50 A 83,899 85.997 88,147 90,351 92.609 94,925 97,297 99,730 102.223 104,779 107,398 110,083 112,835 IH 40,3361 41.3446 42,3782 43.4378 44.5236 45,6368 46.7776 47.9471 49.1457 50.3743 516337 52.9245 54.2476 27.00 A 85,997 88,147 90,351 92,609. 94,925 97,297 99,730 102.223 104,779 107,398 110,083 112,835 115,656 H 41.3446 42.3782 43.4378 44.5236 45.6368 46.7776 47,9471 49.1457 50.3743 51.6337 52,9245 54.2476 55.6038 27.50 A 88,147 90,351 92,609 94,925 97,297 99,730 102,223 104.779 107,398 110,083 112,835 115,656 118,547 H 42.3782 43.4378 44.5236 45.6368 46.7776 47.9471 49.1457 50.3743 51.6337 52.9245 54.2476 55.6038 56.9938 ! 28.00 A 90,351 92,609 94,925 97,297 99,730 102,223 104,779 107,398 110,083 112,835 115.656 116,547 121,511 1 H 43.4378 44.5236 45.6368 46.7776 47,9471 49.1457 50.3743 51.6337 52.9245 54.2476 55.6038 56.9938 58.4186 S 2850 A 92,609 94,925 97,297 99,730 102.223 104,779 107,398 110,083 112,835 115,656 118,547 121,511 124,549 H 44.5235 45.6368 46.7776 47.9471 49.1457 50.3743 51.6337 52.9245 54,2476 55.6038 56,9938 58.4186 59.8791 29.00 A 94,925 97,297 99,730 102,223 104,779 107,398 110,083 112,835 115,656 118,547 121,511 124,549 127.662 H 45,6368 46.7776 47,9471 49.1457 50.3743 51.6337 52.9245 54.2476 55 6038 56.9938 58.4186 59.8791 61.3761 29.50 A 97,297 99,730 102,223 104,779 107,398 110,083 112,835 115,656 118,547 121,511 124,549 127,662 130,854 H 46.7776 47.9471 49,1457 50.3743 51.6337 52.9245 54.2476 55.6038 56.9938 58.4186 59.8791 61.3761 62.9105 30,00 A 99,730 102,223 104,779 107,398 110,083 112,835 115,656 118,547 121,511 124,549 127,662 130.854 134,125 H 47.9471 49.1457 50.3743 51.6337 52.9245 54.2476 55.6038 56.9938 58.4186 59.8791 61.3761 62.9105 64.4833 jhEf„" f cl ve51/.1(2O'1,3",tcs" Page 3 .A.. .._._. ......< .. w_sa.. .._ . _ .. Summary of Salary Data Comparisons Positions lagging the market (indicating a possible or significant misalignment with the market): Borough maws . rr� e �:PositionSj�� " „ ! Range Midpoint ` " Actual Difference Finance Director $86;334 $114;488 -32:61% IT Supervisor �[ $70;858 II $92,701 I) .-30!83?% Community Development Director II $84,119 II $107,726 II -28:06% Fire Chief II $78;214 I( $94;206 II -20:45% I Mainfenance Engineer $65,799 $77,069 :17:13% Assessor $84;228 $98,432 -16:800.. 4),Fox Lawson&Associates •Demon of Caflaghcr$cncfn Scniccs,Inc. 30_. x'V'4 ,t tfta, j"""i :444 A' �N t a aga kn y' a CA ffe " . . }_c 4' I'is a v^ 1X.! w8r 1ny,1 1';2 >r""' tea b,;st :,.:41/4,y,.....1.,: x t a :e. `.* i 'F *ate 4:' 1 t •1�^ qx'`it` s:.-r-t ^ yPn a FP k °v$ Y k�}az` c�' ay- i Y,x t -ieq F; } (5ui i C a d ro Y 4 fie ,-1 'f r t � ary, of tit ata ' f OmpMa�ris ns xR -s, ° fx ,,r p...("ixQ� f�'rr ri "k� I� .d�i4t : .' "f 9'f�Va, " ,� '�/4. w'H "T o z$1'° � , '. `�' t � ,�� ,rx+F: L .I,fyNFn. 11 r A "fH ✓ 4µnT7, rM6 ` 'w."atXh.+dJri�^'1%!'.'.kkM, M: �PkK}u.: a[Fy.u,k,.a 44M':fk!' tn,/,ri,.Li. ',.N .rovrYSMr[M�d IX'u�.SL'»F' �,•` Ir J~ Positions .n-r """-"r (•i'il lT Actual Difference laanaRata °oroug Cola Actual Difference eaatte Accounting Technician $50,775 $44,490 12:38% $54,004 $44,490 17:62% Appraiser Tech $47;236 I $56;149 1 =18:87% $51,402 $56,149, 9:24.%; AssessmentCterkl $44;324 $46,965 -5196% $42,188 $46,965 -11.32% Assessor $97;760 $98,432 0:69%' $84;228 $98;432 -16:86% Associate Planner LRP/ENF $83;200 $58,077 30.20%0 $70;858 f $58;077 18:04% Baler Operators i$56,155 I $58,128 I -3.51%: $56,738 $58,128 I -2.14% I Baler Operator II $70,858 I N/A I .+N/A $61,101 N/A, 'N/A Solid Waste Baler/Landfill Supervisor I '$76306' II N/A I N/A $67;444 N/A ,N/A': BoroughiClerk $100,121 $851892 14:21°% $80,169 $85;892 -71¢%; Code enforcement Officer .: . _ _. II . ._ '$59;611.. _II $67;675. II 43.53% 11. $64.194 II $67,675 11 -5:42% I 'Community Development Director I $97-,•7,60' II $107„726 II -10:19% II $84,119. II $107;726 II 1128.05% - I Co`nstFuction Inspector/Engineer I $69;130 II $59.490 fI 13.944% II $69,130 II $59',490 II 13:94% I DePuty,Clerk $67,444 $59,872 11.23% $61,101 I $59,872 I 2:01%. EnVironrt ental Specialist $80;169 $52,467 34.55% $80,169 $52,467 34;55% Finance Diredter $99,840 $114,488 a 14.67% $86,334 $114;488' -32.61% FireEChief 190,704 $94;206 -3!86%, $78;214 $94,206 1 -20:45% General:AccURevenue Acct - $70250 $67,582 I 3:80% I $70,858. $67,582 !I 4:62% GIS'.Analyst $56;738 I $711768 I -26:49% $66,560 I $71,768' -7:82% 11-Supervisor $83;200 $92,701 -11:42%. $70,858 $92,701 I -30:83% Maihtenance&CeoFdihater ,$82;174 $73;823 '10.16% $70;858 $73;823 I -4:19% Maintenance Engineer 1$76;306' I $77;069 I : -1-A0%: $65,799 $77,069 47:13% Maintenance;Mechianic $58;157 $47;937 17,57% $59,611 $47„937 1 19:58% PC NetworkTedinician ll $54;004 $52;528 2.73% $59;611 $52,528 I '11.88% I ProgammerAnalyst $761960 $72,978 5:17% $65,799 $72,978 =10:91%d ProjectManageillhspeotor $86;334 $83;525 -3.25% $74;445 $83,525 ,12:20%, PPo`pedyApp4raiser :$64,194 $70,642. =10:04%, ,$650799, $70,642' -7:36%; Resource Management'Officer' '$87;360' .$76353 13/4% $74445 $75;353 I -1:22%. I Secretary Ill I $40,914 I) $47:659 I -16:49%.. I $44;324 II $47,659 I -7:52% GP Fox Lawson at Associates a n;,;amn of CaUagher&acct Services,Inc 1%; a •`": KODIAK ISLAND BOROUGH '\ AGENDA STATEMENT te REGULAR MEETING OF: JUNE 6, 2013 ITEM NO.: 13.D.4 TITLE: Declaring a Seat on the Kodiak Fisheries Advisory Committee Vacant. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Notice of Mr. Burch's resignation APPROVAL FOR AGENDA: ct. SUMMARY STATEMENT: On May 9, 2013, the Clerk's Office received notice of Mr. Al Burch's resignation as the Trawl Vessels representative on the Kodiak Fisheries Advisory Committee, a joint committee of the City of Kodiak and Kodiak Island Borough. Per Resolution No. FY2007-38 (§3): The term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years, provided that appointees' terms shall extend until their replacements are named and accept their appointment, and further provided that the Borough Assembly and City Council may modify the term of any or all Committee appointments at any time, the City Council and Borough Assembly may remove any member at any time, or may disband the entire Fisheries Advisory Committee at any time, as the City Council and Borough Assembly deem appropriate in their sole discretion. RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Al Burch as the Trawl Vessels representative on the Kodiak Fisheries Advisory Committee and direct the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough Page 1 of 1 Subject: FW: KFAC Change Original Message From:Trevor Brown [mailto:Trevor @Kodiak.org] Sent:Thursday, May 09, 2013 10:59 AM To: Nova Javier; Marlar, Debra Subject: KFAC Change Al Burch contacted me and told me he would like to be replaced on the Kodiak Fisheries Advisory Committee. He recommends Kent Heligso for the Trawl seat and Kent has emailed me stating he is interested in that seat. Al will continue to serve, with Kent as his alternate stated, until the seat is filled. Let me know what else you would need from me or the interested parties to make this change. Thank you, Trevor Brown Executive Director Kodiak Chamber of Commerce 100 E. Marine Way,Ste 300 Kodiak,AK 99615 (907) 486-5557 1 a " n KODIAK ISLAND BOROUGH / CITY OF KODIAK sseciEr. ' $® i MAX FISHERIES ADVISORY COMMITTEE ie� HOME WORK FAX CELL NAME PHONE PHONE NO. PHONE EMAIL Pot Vessels Jeffrey Stephan 486-4568 486-3453 486-8362 jstephan o(�ptialaska.net PO Box 2917 Kodiak, AK 99615 Longline Vessels Chris Holland 486-3764 pomega( gci.net 1530 E. Kouskov St. Kodiak, AK 99615 Jig Vessels Alexus Kwachka nopoint(Woci.net 326 Cope Street Kodiak,AK 99615 Crewmembers Steve Branson 486-1098 539-5610 bransons @alaska.net PO Box 451 Kodiak, AK 99615 Terry Haines (Alternate) yohaines.kodiak@gmail.com Processors Julie Bonney 486-3033 486-3461 jbonney[a.gci.net PO Box 788 Kodiak, AK 99615 ADF&G Advisory Committee Vacant Conservation Community Theresa Peterson 486-2991 539-1927 theresa @akmarine.org 1850 Three Sisters Kodiak, AK 99615 Trawl Vessels Al Burch 486-5238 486-3910 alaska(@ptialaska.net PO Box 884 Kodiak, AK 99615 Salmon/Herring Vessels Oliver Holm 486-6957 chicken?a gci.net PO Box 3865 Kodiak, AK 99615 Lodge Charter Boat Operators Chris Fiala 486-5380 654-5380 gofishin nak.net 1315 Larch Street Kodiak, AK 99615 Community Representative Lee Robbins 486-2766 539-8866 fishr7a,adventuresinkodiak.com PO Box 1426 Kodiak, AK 99615 Roster continued on the next page.... Revision Date: 2/11/2013 Revised by: JK a'_ KODIAK ISLAND BOROUGH / CITY OF KODIAK `•� f.�� . ii, KIOIDI�4K FISHERIES ADVISORY COMMITTEE x HOME WORK FAX CELL NAME PHONE PHONE NO. PHONE EMAIL Assembly Representative louise.stutes[a)kibassembly.orq Louise Stutes 486-8757 2230 Monashka Way Kodiak, AK 99615 City of Kodiak Representative Terry Haines 942-0365 942-0365 942-0365 yohaines.kodiak@gmail.com 724 Hillside council @city.kodiak.ak.us Kodiak, AK 99615 Other Contacts: Jack Hill jp7hills©att.net Jeremie Pikus jpikus©msn.com Dale Christofferson crisco(a)ptialaska.net Duncan Fields dfieldsPptialaska.net Jerry Bongen jbongen@mac.com Joe Sullivan jsullivan(o mundtmac.com Amy Kniaziowski akniaziowski@city.kodiak.ak.us Matt Moir mmoir©npsi.us Mike Martin - Brechan Enterprises mrmartinagci.net .—.4:-'447,,,.,._.R TREVOR BN(FACILITATOR) 486-5557 trevor @kodiak.org H h n tip KODIAK C HAMBEROF COMMERCE 100 EAS ZRINE WAY SUITE'300 KODIAK,AK 99615` Revision Date: 2/11/2013 Revised by:JK � yi9 -,t, , Kodiak Island ®rough 2 �,,,1 rs Engineering& Facilities Department �r1� �'•* Projects Office a y .y 710 Mill Bay Road t 2 r° r Kodiak, Alaska 99615 Phone (907)486-9210 Fax (907) 486-9347 1-7. Date: May 22, 2013 To: Bud Cassidy, Borough Manager t Woody Koning, E/F Director //�� From: Matt Gandel, Project Manager/Inspector/146— RE: Change Orders—April 2013 Below is a summary of change orders for capital projects for April 2013: Kodiak Long Term Care Facility Architects Alaska—Contract No. 2011-33 Change Order#1 -$13,566.00 Additional support for third party commissioning agent including coordination, incorporation of commissioning reports and specifications into the construction documents, responding to information requests, answering questions, and participating in design review discussions, analysis, and additional meetings. • Kodiak Island Borough Assembly Regular Meeting Guidelines June 6, 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 Sergeant Major Dave Blacketer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Stutes who is attending the North Pacific Fishery Management Council meetings in Juneau. 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 April 18 and May 2, 2013. • Resolution No. FY2011-08C Amending the Composition of the Project Advisory Committee (PAC). e' Declaring a Seat on the Kodiak Fisheries Advisory Committee Vacant (Al Burch). Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES * Regular Meeting Minutes of April 18 and May 2, 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 June 6, 2013 Page 1 6. AWARDS AND PRESENTATIONS A. Filipino American Heritage Month Proclamation — Mayor Selby Accepting: TBD - if no one is present Clerk Javier will receive the proclamation. 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 A. Ordinance No. FY2014-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2013 and Ending on the Thirtieth Day of June 2014 (Fiscal Year 2014 Budget). Recommended motion: Move to adopt Ordinance No. FY2014-01. Clerk's Note: Attached on blue paper is a substituted version of Ordinance No. FY2014-01 with backup information. These documents have been made available to the public. Staff Report —Manager Cassidy Recommended motion: Move to adopt Ordinance No. FY2014-01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. Kodiak Island Borough Assembly Guidelines June 6, 2013 Page 2 • B. Ordinance No. FY2013-01C Amending Ordinance No. FY2013-01 Fiscal Year 2013 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. Recommended motion: Move to adopt Ordinance No. FY2013-01 C. Clerk's Note: Attached on iJL ai paper is a substituted version of Ordinance No. FY2013-01C with backup information. These documents have been made available to the public. Staff Report— Manager Cassidy Recommended motion: Move to adopt Ordinance No. FY2013-01C by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. C. State of Alaska Alcoholic Beverage Control Board Liquor License Application for Transfer of Controlling Ownership (Licensee/Applicant: Kodiak Rendezvous Inc.) Recommended motion: Move to voice non-protest to the State of Alaska Alcoholic Beverage Control Board Liquor License application for transfer of controlling ownership for the Kodiak Rendezvous Inc. Clerk's Note: 53 public hearing notices were mailed out. Attached on yellow paper are public hearing responses received. Staff Report— Clerk Javier Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines June 6, 2013 Page 3 10. BOROUGH MANAGER'S REPORT 11. MESSAGE FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2013-30 Purchase of Agenda Management Software. Recommended motion: Move to authorize the Manager to execute Contract No. FY2013-30 with iCompass Technologies, Inc. for a five year contract for purchase, support, and maintenance for Agenda Management Software in an amount not to exceed $46,500. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2013-31 Larsen Bay School Roof Replacement. Recommended motion: Move to authorize the Manager to execute Contract No. FY2013-31 with RPR, Inc. dba Rain Proof Roofing of Anchorage, Alaska for the Larsen Bay School Roof Replacement in an amount not to exceed $498,500. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Contract No. FY2013-32 Karluk School Oil Tank Removal and Replacement. I Recommended motion: Move to authorize the Manager to execute Contract No. FY2013-32 with Red Hook Construction, LLC of Kodiak, Alaska for the Karluk School Oil Tank Removal and Replacement in an amount not to exceed $289,000. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines June 6, 2013 Page 4 B. Resolutions 1. *Resolution No. FY2011-08C Amending the Composition of the Project Advisory Committee (PAC). 2. Resolution No. FY2013-32 A Joint Resolution of the Kodiak Island Borough Assembly and Kodiak City Council Documenting the Kodiak Fisheries Work Group's Scope and Authority. Recommended motion: Move to adopt Resolution No. FY2013-32. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2013-17 Rezone a 3.92 Acre Portion of Tract 6, US Survey 5509 Port Lions Subdivision from RR2-Rural Residential Two to PL-Public Use Land (P&Z Case13-023, City of Port Lions). Recommended motion: Move to adopt Ordinance No. FY2013-17 in first reading to advance to public hearing at the next meeting of the Assembly. Staff Report— Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2013-18 Rezone to Allow for the Proposed Expansion of the Old Harbor Airport from R1-Single Family Residential to LI-Light Industrial (P&Z Case 13-026, City of Old Harbor). Recommended motion: Move to adopt Ordinance No. FY2013-18 in first reading to advance to public hearing at the next meeting of the Assembly. Staff Report— Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines June 6, 2013 Page 5 D. Other Items 1. Approval of a 7.5-Foot Vacation of a 10-Foot Wide Easement in Accordance with KIBC 16.60.060 Along the South Lot Line of Lot 8, Block 2, Island Vista Subdivision (P&Z Case 13-019, Sundberg). Recommended motion: Move to approve the vacation of a 7.5-foot wide portion of a 10-foot utility easement along the south lot line of Lot 8, Block 2, Island Vista Subdivision. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Approval of the Vacation of a 20-Foot Wide Utility Easement, in Accordance with KIBC 16.60.060, Centered on the Common Boundary of Lots 1C and 10, Block 5, Bells Flats Alaska Subdivision (P&Z Case S13-022, Ness). Recommended motion: Move to approve the vacation of a 20-foot wide utility easement centered 10-feet on either side of the lot line common to Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Hiring for the Position of Community Development Director at Salary Range 24.0, Step K. Recommended motion: Move to authorize the salary placement of the Community Development Director at Salary Range 24, Step K. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 4. *Declaring a Seat on the Kodiak Fisheries Advisory Committee Vacant (Al Burch). Kodiak Island Borough Assembly Guidelines June 6, 2013 Page 6 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 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Selby The next Assembly work session is scheduled on Thursday, June 13 at 6:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, June 20 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 June 6, 2013 . Page 7 I RP KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET y � f J 0 Regular �/ Special Date: 1069IcOL2 i Convened: n I its Recessed: Reconvened: Adjourned: BY: BY: u/, nt i,i ) BY: .r(`,,9 BY: BY: n-Qt//l, SECOND: SECOND: SECOND: (5 •1 SECOND: � SECOND: liM ' kiot\ q. A. De llo -nct-of cutib ' kl.Aillg CSI 4 YES NO YES NO . YES NO YES NO ' ' YES NO Ms. Austerman ✓ Ms. Austerman Ms. Austerman Ms. Austerman7 V" Ms. Austerma ✓ Mr. Bonney ✓, Mr. Bonney Mr. Bonney Mr. Bonney / ✓ Mr. Bonney V Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin t Mr. Kaplan V Mr. Kaplan Mr. Kaplan Mr. Kaplan V Mr. Kaplan ✓, Ms. Lynch , / Ms. Lynch Ms. Lynch Ms. Lynch ✓ Ms. Lynch ✓ Mr. Stephens v`/ Mr. Stephens Mr. Stephens Mr. Stephens ✓ Mr. Stephens ✓ Ms. Stutes v ✓ = tut tut-- . . s CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?, TOTAL: TOTAL: TOTAL: TOTAL: Los 0 TOTAL: ii v The mayor may of vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET ,n 0 Regular " Special Date: e lm ate)) Convened: Recessed: Reconvened: Adjourned: BY: �" _ "" j) BY: �a BY: Aus � � BY: 1D'v�n BY: �(0 SECOND: SECOND: SECOND: 13ty SECOND: SECOND: A117� ��'11l.Gll.� �2 � / o l 3- vi C ,A ' . Die et, cAyKyOuokfrikt MC, CANAll WO' urn 0,Outt& rnot ba3�13J Li um-Q.} YES NO YES NO YES NO . YES NO YES NO Ms. Austerman V Ms. Austerman ✓ Ms. Austerman ✓ Ms. Austerman t / Ms. Austerman ✓ Mr. Bonney �y Mr. Bonney Mr. Bonney V Mr. Bonney v, / Mr. Bonney Mr. Griffin V Mr. Griffin ✓ Mr. Griffin Mr. Griffin V. / Mr. Griffin Mr. Kaplan Mr. Kaplan / Mr. Kaplan 4, V Mr. Kaplan 9. V, " Mr. Kaplan V✓ Ms. Lynch ✓ Ms. Lynch �/ ` / Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch Mr. Stephens V Mr. Stephens ✓ �[ Mr. Stephens ✓ Mr. Stephens / Mr. Stephen, , St es s. Stu es �Stutes v s. Stutea-\ ' • .JCHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CFA" NGE OF VO ? CHAN E/OF VOTE?j TOTAL: to 0 TOTAL: F' ` TOTAL: 0 TOTAL: (a` 0 TOTAL: ca 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Mill Regular Special Date: MI n 1 5 0 Convened: nrI Recessed: Reconvened:( ,� ` 01;A)Adjourned: BY: Gn \�C., ) BY: ben BY: Gir l%a-, Iv BY: BY: ( LJiffu SECONq ' "" ' il"�`) SECOND: 1( ,, SECOND: �� SECOND:}J� SECOND: (�� 7 nj Um 66Luthiii C6141°4 N\AkThke CATNAlreA2.4 01M-Caaltle (9)r WI 11 9M13' 2D1 TN cop/- IP\ixt- d, er \I ao«-17 . YES NO YES NO YES NO , YES NO • YES •NO Ms. Austerm \\ /' Ms. Austerman V. Ms. Austerman , / Ms. Austerman ✓ Ms. Austerman ✓ Mr. Bonney ✓ Mr. Bonney At V Mr. Bonney v_ / Mr. Bonney ✓ Mr. Bonney , / Mr. Griffin �� Mr. Griffin / Mr. Griffiny v` jf Mr. Griffin , / Mr. Griffin v�// Mr. Kaplan V/. Mr. Kaplan ,, // Mr. Kaplan °�_ YV/ Mr. Kaplan 'Q- V✓ Mr. Kaplan Ms. Lynch V/ Ms. Lynch ✓ Ms. Lynch Ms. Lynch "� , / Ms. Lynch Mr. Stephens // �MMrr.. Stephens V Mr. Stephens ✓ Mr. Stephens v� / Mr. Stephens ✓•s. to vv/ �/ \Stute Ms. • -- M - : v A . tute CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?[: TOTAL: ( , O TOTAL: ' n 0 TOTAL: (p 0 TOTAL: 7 ` TOTAL: (Q 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET s / O�1[3 .q., Regular Special Date: �/ Convened: Recessed: Reconvened: Adjourned: , )1 � s BY: r A BY: . i( BY: I /}/1 \ BY: Ph^1 ^ BY: VAN tttlllJJJ W SECOND: SECOND: (Jf (3 SECOND: N.I. , o J SECOND: 4 SECOND: pry. c) idaelli \,/a Ca411:4 VOA-Cathiltii- 1).D Ai(Pin/121-64t Neriapviqi ciwfueir d ..--- \\)OM} D.10715-1Th YES NO YES NO YES NO YES NO YES NO Ms. Austerman t / Ms. Austermar;�, ' // Ms. Austerman Ms. Austerman // Ms. Austerman Mr. Bonney V Mr. Bonney o� v1/ Mr. Bonney ` / Mr. Bonney �/, // Mr. Bonney V� Mr. Griffin V Mr. Griffin v`/ Mr. Griffin V� Mr. Griffin 4 V, / Mr. Griffin I Mr. Kaplan V/ Mr. Kaplan ✓ Mr. Kaplan ,✓ Mr. Kaplan V Mr. Kaplan Ms. Lynch ✓ Ms. Lynch / Ms. Lynch ✓ Ms. Lynch t / Ms. Lynch Mr. Stephens Mr. Stephens Y Mr. Stephens V Mr. Stephens v / Mr. Stephens t- . .. - ti • . t - s. e A./\----N CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?) TOTAL: / 0 TOTAL: 0 TOTAL: (Q v TOTAL: I TOTAL: (J C) The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby • Motions required for 2/3 vote to carry. 7 present requires 5; 6 pr sent requires 4; 5 present requires 4; 4 present requires 3? Reconsideration on the same day, suspension of rules, limit oxtend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: lore, to 0013 Please PRINT your name Please PRINT yo\rname g ,, /e5/t c IZ c/icy ✓4 ft , �� 7A'e