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2013-06-20 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, June 20, 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 Meeting Minutes of May 16, 2013 6. AWARDS AND PRESENTATIONS A. Proclamations B. Plaque of Recognition to Major John Quinn of the Salvation Army 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2013-17 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). B. 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). 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. FY2013-33 North Star Elementary School Canopy Repairs Project. 2. Contract No. FY2013-34 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. B. Resolutions 1. Resolution No. FY2013-33 Appointing the Kodiak Island Borough Attorney. 2. Resolution No. FY2014-02 Reestablishing the Fees for the Kodiak Island Borough. 3. *Resolution No. FY2014-03 Participation in the AML/JIA Loss Control Incentive Program. C. Ordinances for Introduction 1. Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B- Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13- 020). D. Other Items 1. Confirmation of Mayoral Appointment to the Plannning and Zoning Commission (Ms. Jennifer Richcreek). 2. Confirmation of Borough Deputy Clerk. 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. Service Area No. 1 Board Regular Meeting of April 24, 2013 2. Womens Bay Service Area Board Regular Meeting of May 7, 2013. B. Reports 1. Kodiak Island Borough School District Board of Education Regular Meeting Summaries of April 22, 2013 and May 20, 2013 and Special Meeting Summary of April 25, 2013. 2. Kodiak Island Borough Manager's Change Order Report for May 2013. 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 2 of 2 „tc' ° KODIAK ISLAND BOROUGH 0 AGENDA STATEMENT REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 9.A 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 itAPPROVAL FOR AGENDA: 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, safety, 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. Public hearing notices were sent out and any responses will be provided to the Assembly. Staff recommends that the Assembly approve this request. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013-17. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager Requested by: PIZ Commission 2 Drafted by: Community Development 3 Introduced: 06/06/2013 4 Public Hearing: 06/20/2013 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2013-17 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING A 3.92 ACRE PORTION OF TRACT 6, USS 5509 PORT LIONS 12 SUBDIVISION, AS IT MAY BE FIXED BY SURVEY AT THE CONCLUSION OF NEW 13 CONSTRUCTION IMPROVEMENTS, FROM RR2-RURAL RESIDENTIAL TWO TO 14 PL-PUBLIC USE LAND ZONING DISTRICT 15 16 WHEREAS, the Planning and Zoning Commission received a request to rezone a 17 Portion of Tract 6, USS 5509, Port Lions Subdivision which is or will be about 3.92 acres 18 in area, and 19 20 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 21 Commission considered the merits of the rezone request; and 22 23 WHEREAS, the Commission voted to recommend to the Borough Assembly that these 24 lots be rezoned, finding that the public necessity, convenience and general welfare and 25 good zoning practice would be enhanced by such action; and 26 27 WHEREAS, the Commission hereby recommends that this rezone request be 28 reviewed and approved by the Borough Assembly. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK 31 ISLAND BOROUGH THAT: 32 33 Section 1: This ordinance is not of a general and permanent nature and shall not 34 become a part of the Kodiak Island Borough Code of Ordinances. 35 36 Section 2: A Portion of Tract 6, USS 5509, as may be fixed by survey at the 37 conclusion of the planned construction improvements, is hereby rezoned 38 from RR2-Rural Residential Two to PL-Public Use Land. 39 40 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 41 Commission are hereby confirmed as follows: 42 43 44 17.205.020 A. Findings as the Need and Justification for a Change or 45 Amendment. 46 47 The City of Port Lions needs to develop a sewage sludge lagoon in order to comply with 48 ADEC requirements. The Alaska Native Tribal Health Consortium is providing design 49 and construction for the proposed facility and the City of Port Lions is providing the land 50 for the facility. The proposed sewage sludge lagoon will be located adjacent to the Kodiak Island Borough, Alaska Ordinance No. FY2013-17 Page 1 of 2 51 existing community landfill which appears to be the most appropriate location for the 52 community which must balance transport distances and availability of land suitable for 53 the purpose. 54 55 17.72.020 B. Findings as to the Effect a Change or Amendment would 56 have on the Objectives of the Comprehensive Plan. 57 58 The 2008 Kodiak Island Borough Comprehensive Plan Update and the 1997 Port Lions 59 Comprehensive Community Plan both indicate this area should be developed for 60 residential purposes. This site is located adjacent to the existing solid waste landfill 61 which is designated for Public Use so that in this context the rezone appears to be 62 logical expansion of this designated site for a closely related land use. The overall 63 pattern of the plan map is not substantially altered as a result of this change. It should 64 also be noted that although the surrounding site has historically been designated for 65 residential use, this area has in fact served a needed buffer area around these 66 industrial/utility land uses. 67 68 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69 THIS DAY OF 2013 70 71 72 KODIAK ISLAND BOROUGH 73 74 75 76 Jerome M. Selby, Borough Mayor 77 78 ATTEST: 79 80 81 82 Nova M. Javier, MMC, Borough Clerk 83 84 Kodiak Island Borough, Alaska Ordinance No. FY2013-17 Page 2 of 2 ` Kodiak Island Borough -*tie Office of the Borough Clerk A � eif' 710 Mill Bay Road • • Kodiak, Alaska 99615 ,_=„1 ' " Phone (907) 486-9310 Fax (907) 486-9391 • clerks(aikodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, June 20, 2013, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2013-17 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). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerksakodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101 , Kodiak, AK 99615 prior to 5 p.m. on June 20, 2013. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2013-17 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). ripi Selo Approximate location ' r of lagoon project. kip. 4 lik �/ came „.r,:....... ,. ............: ' 7 .... �.;.i i.u.t it_ it I lit:r:) / sp ...,,,, c..„ 1. fir,° Kodiak Island Borough GIS System ,r. r ,C+ n —,11111400 0 1,200 2.400 4.800 7,200 9 400 i 1l eat The map was prepared from the Kodiak Island Borough's GIS System. It is povided for pie purpose of showing the general location of a poperty wlthn the Kodak Island Borough. Tins map does not represent a survey.More information about the mapprg data can be obta led by contacting the Kodiak Island Borough IT Bepenment at(90])4869333. PUBLIC HEARING FORM 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). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to niavier@kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, June 20, 2013. Introduced by: Borough Manager Requested by: P&Z Commission Drafted by: Community Development Introduced: 06/06/2013 1 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 KEVIN ADKINS AFOGNAK NATIVE CORP BRANNON AMES PO BOX 50 MAIL CODE: KIBTAX 3909 ARCTIC 8981 DELTA LINE RD PORT LIONS, AK 99550 BLVD, STE 400 CUSTER, WA 98240 ANCHORAGE, AK 99503 BRAD AMES ETAL ANC/BETTY NELSON ANC/LESTER LUKIN PO BOX 33 PO BOX 75 PO BOX 62 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 DENISE ANC/MAY ANC/VVAYNE LUKIN STEPHEN & PEGGY ANDRESEN PO BOX 32 PO BOX 72 PO BOX 65 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 ROBERTA BARTLESON MARVIN BARTLESON MARIA BARTLESON PO BOX 21 PO BOX 71 PO BOX 71 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 WILLIAM BIEHL CLARENCE BOLDEN SUSAN BOSKOFSKY P O BOX 36 421 HAINES AVE PO BOX 103 PORT LIONS, AK 99550 FAIRBANKS, AK 99701 PORT LIONS, AK 99550 GLEN BRANDAL DANIEL BYRON CALHOUN AK COMM. PROP. PO BOX 17 P O BOX 95 TRUST PORT LIONS, AK 99550 PORT LIONS, AK 99550 PO BOX 3805 HOMER, AK 99603 ROBERT V CARLSON HAROLD CHRISTIANSEN JR ETAL CITY OF PORT LIONS PO BOX 629 PO BOX 61 PO BOX 110 BETHEL, AK 99559 PORT LIONS, AK 99550 PORT LIONS, AK 99550 JUDITH CLAYTON JAMES COLE JOSE COVARRUBIAS ETAL PO BOX 40 PO BOX 102 PO BOX 112 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 JAMES CROSIER LIVING TRUST PELAGAYA EGGEMEYER ROY FAIRMAN C/O GATEWAY FIREPLACE P 0 BOX 106 PO BOX 38 SHOPPE 10088 ELLSWORTH RD PORT LIONS, AK 99550 PORT LIONS, AK 99550 STREETSBORO, OH 44241 STACEY FRANCES DAVID GIRARD MATTHEW GOLDFARB 9603 NEWHAVEN LOOP PO BOX 114 PO BOX 2201 ANCHORAGE, AK 99507 PORT LIONS, AK 99550 PALMER, AK 99645 ANGELA GREEN MARY GRIGGS LARRY GUNDERSON 4880 CHRISTINA COURT PO BOX 39 PO BOX 187 WASILLA, AK 99654 PORT LIONS, AK 99550 PALMER, AK 99645 RUSSELL GUNDERSON REGINALD GUNDERSON REGGIE GUNDERSON JR PO BOX 82 211 SPRUCE DR 9499 BRAYTON DR #31 PORT LIONS, AK 99550 PORT LIONS, AK 99550 ANCHORAGE, AK 99507 DENNIS HAAS EDWARD HARRISON ETAL SANDRA HAY MAGALENO P O BOX 2434 PO BOX 2426 6316 S.E. DIVISION SOLDOTNA, AK 99669 SOLDOTNA, AK 99669-2426 PORTLAND, OR 97206 HILLSIDE BIBLE CHAPEL NANCY HILLSTRAND JAMES P JACOBSON PO BOX 96 P.O. BOX 7 PO BOX 1313 PORT LIONS, AK 99550 HOMER, AK 99603 KODIAK, AK 99615 KENNETH JOHANASEN JAY KAISER WANDA KATELNIKOFF PO BOX 105 PO BOX 78 PO BOX 106 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 GERALD KENNEDY PETER KEWAN SUSAN & DONALD KEWAN PO BOX 188 PO BOX 73 PO BOX 88 PIPESTONE, MN 56164 PORT LIONS, AK 99550 PORT LIONS, AK 99550 DORINDA & ARNOLD KEWAN BRIAN KEWAN HAROLD KEWAN PO BOX 81 12910 SILVER SPRUCE DR PO BOX 94 PORT LIONS, AK 99550 ANCHORAGE, AK 99516 PORT LIONS, AK 99550 DONALD KEWAN JR KIZHUYAK BAY LODGE ROBERT KNAGIN PO BOX 88 8230 SW 48TH ST PO BOX 107 PORT LIONS, AK 99550 MIAMI, FL 33155 PORT LIONS, AK 99550 RODNEY KNAGIN WAYNE KNAGIN KODIAK ISL HSG AUTH PO BOX 46 PO BOX 1334 3137 MILL BAY RD PORT LIONS, AK 99550 CORDOVA, AK 99574 KODIAK, AK 99615 KODIAK ISLAND BOROUGH CHARLES KRAMER MITCH KRMPOTIC 710 MILL BAY RD P.O. BOX 183 PO BOX 8566 KODIAK, AK 99615 PORT LIONS, AK 99550 KODIAK, AK 99615 KYONO REVOCABLE LIVING ALAN LARGE SAMUEL L LARSON TRUST E 1723 MISSION RD 840 E 76TH AT, #114 PO BOX 432 KODIAK, AK 99615 ANCHORAGE, AK 99518 LAWAI, HI 96765 KENNETH LESTER BRUCE LOGAN MARYJANE LONGRICH PO BOX 538 5420 FOREST DRIVE P.O. BOX 2494 KODIAK, AK 99615 JOHNSTON, IA 50131 KODIAK, AK 99615 LONGRICH ENT INC IVAN LUKIN JEFFREY LUKIN PO BOX 2494 P O BOX 25 PO BOX 41 KODIAK, AK 99615 PORT LIONS, AK 99550 PORT LIONS, AK 99550 LESTER LUKIN BETTY LUKIN EMMANUEL LUKIN ESTATE PO BOX 62 1423 ISMAILOV ST C/O AGNES DRIVER 607 OMAHA PORT LIONS, AK 99550 KODIAK, AK 99615 WAY VANCOUVER, WA 98661 ELIZABETH MADSEN EDWARD MAHONEY LORNA MAUGHAN 35 GRAND VIEW PO BOX 2281 PO BOX 6 BELLINGHAM, WA 98229 KODIAK, AK 99615 PORT LIONS, AK 99550 ROBERT MAY ANDY MCGAVRAN MICNIC COTTAGE MN 2003 LLC P.O. BOX 32 PO BOX 86 4916 CANEY CT PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT RICHEY, FL 34668 SARAH NELSON ARNOLD NELSON HARRY NELSON PO BOX 26 P.O. BOX 277 P.O. BOX 87 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 ROBERT NELSON NANCY NELSON THOMAS E NELSON 453 VON SCHEELE WAY PO BOX 8863 PO BOX 101 KODIAK, AK 99645 KODIAK, AK 99615 PORT LIONS, AK 99550 NICHOLAS NELSON ARLENE NELSON NICK NELSON P.O. BOX 26 PO BOX 1933 P O BOX 74 PORT LIONS, AK 99550 KODIAK, AK 99615 PORT LIONS, AK 99550 HARRY L NELSON CANDACE NELSON HELEN NELSON PO BOX 87 P O BOX 77 PO BOX 117 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 MARGARET NELSON BETTY NELSON MARVIN NELSON 59806 WINDING TRAILS LN PO BOX 75 P.O. BOX 76 HOMER, AK 99603 PORT LIONS, AK 99550 PORT LIONS, AK 99550 JOHN NELSON NANCY NELSON ETAL JERILYN NELSON ETAL P.O. BOX 64 PO BOX 8863 P.O. BOX 61 PORT LIONS, AK 99550 KODIAK, AK 99615 PORT LIONS, AK 99550 CECIL NELSON SR THOMAS NESLON SR JOAN ORLOFF PO BOX 97 PO BOX 101 2440 E. TUDOR RD. PMB 272 PORT LIONS, AK 99550 PORT LIONS, AK 99550 ANCHORAGE, AK 99507 HENRY ORTH MARCIA OSWALT RONALD PAULL 3462 N. PARADISE LN. P.O. BOX 722 PO BOX 29 WASILLA, AK 99687 KODIAK, AK 99615 PORT LIONS, AK 99550 JAMES & ELIZABETH PATRICIA PESTRIKOFF RICHARD PESTRIKOFF PENNINGTON PO BOX 16 PO BOX 9 122 KIZUYAK DR PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 JOHN PESTRIKOFF KAREN PESTRIKOFF-EGGERS PORT LIONS TRIBAL COUNCIL P.O. BOX 215 ETAL PO BOX 69 PORT LIONS, AK 99550 PO BOX 37 PORT LIONS, AK 99550 PORT LIONS, AK 99550 VICTOR R POYTHRESS TOM RADTKE ETAL HELEN REDBIRD PO BOX 865 7210 BIGLERVILLE CIRCLE 1025 NW HILLSIDE PKWY GIRDWOOD, AK 99587 ANCHORAGE, AK 99507 MCMINNVILLE, OR 97128 STEPHEN ROBUSTELLINI RUSSIAN ORTHODOX CHURCH JEROME SELBY PO BOX 91 PO BOX 210569 P.O. BOX 1962 PORT LIONS, AK 99550 ANCHORAGE, AK 99521 KODIAK, AK 99615 ALFONSO SHELTON SERGAY SHERATINE LUCAS SMITH PO BOX 118 309 ERSKINE AVE APT 107 1815 MILL BAY RD PORT LIONS, AK 99550 KODIAK, AK 99615 KODIAK, AK 99615 ALBERTA SPALDING DAVID THOMAS SPELLMAN TERRY SPESSARD PO BOX 2634 PO BOX 3359 13751 ARNE ERICCSON CIRCLE SEWARD, AK 99664 KODIAK, AK 99615 ANCHORAGE, AK 99515 GEORGE SQUARTSOFF MELVIN SQUARTSOFF FRED SQUARTSOFF PO BOX 42 P 0 BOX 44 PO BOX 8886 PORT LIONS, AK 99550 PORT LIONS, AK 99550 KODIAK, AK 99615 PETER SQUARTSOFF STATE OF ALASKA DOTPF STROBBE-LITTLE PORT P.O. BOX 163 POUCH 6900 LIONS,LLC PORT LIONS, AK 99550 ANCHORAGE, AK 99502 4916 CANEY COURT PORT RICHEY, FL 34668 PAMELA SULLIVAN-SUMSTAD TELCO PROPERTIES INC MICHAEL TERKELSON PO BOX 2 C/O TELALASKA, ACCTS 2172 ASHWOOD RD PORT LIONS, AK 99550 PAYABLE 201 EAST 56TH AVE., KAYSVILLE, UT 84037 STE 100 STANLEY THOMSEN NORMAN URSIN JESSICA URSIN P.O. BOX 55 P.O. BOX 31 P 0 BOX 31 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 CHRISTINE VON SCHEELE ROBERT WAGNER MARILYN WAGNER ETAL PO BOX 54 PO BOX 84 PO BOX 84 PORT LIONS, AK 99550 PORT LIONS, AK 99550 PORT LIONS, AK 99550 GEORGE WEAVER BRYAN D WISE RONALD WISE ETAL 6938 STELLA PLACE PO BOX 113 401 PETTIS ROAD ANCHORAGE, AK 99507 PORT LIONS, AK 99550 ANCHORAGE, AK 99515 NATIVE VILLAGE OF PORT LIONS PO BOX 51 PO BOX 81 PORT LIONS, AK 99550 PORT LIONS, AK 99550 Kodiak Island i orough �/� Community Development Department f r 710 Mill Bay Road ;,fir i,VI n� r Kodiak, Alaska 99615 r Phone (907) 486-9363 Fax (907)486-9396 www.kodiakak.us 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 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. 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, hetQAirn (S Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning& Zoning Commission 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 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. 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 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 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 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 a non-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 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. 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 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 pWV.rr 111111111 400pilliioo:T Approximate location of lagoon project. 0to t • •4 irrr Irr� Ipi:i • ar ®•.�>.•••i•�rrr r�rrr ji 11F 0. • hir 00 ) '. Kodiak Island Borough GIS System p.: p •, . , 0 1,200 2,400 4.800 7.200 9�8C0 i eet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Case No. 13-023 Introduction Page 1 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 . .....' a Portion of Tract 6; United States Survey 5509, P&Z Case No. 13-023 ' - - r. . 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 h, according to KIBC--17.30.020 P 'en[e.'"a-.7 4:V:'Cu:C:,•, We'•;.ts.flt71:,14,-,*r-i'-' • -----.6.t-.7. 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Kodiak Island Borough GIS System 1%7.4 0 180 360 720 1080 1 410 -eet This map was prepared from the Kodrak Island Boroughs GIS Systern I t is provided for the purpose of showing the general!matron O n property within the Kotak Island Borough This map does not represent a survey More information about the mapping data can be obtawed toy contacting the Kodiak Island Borough IT Department at(907)486 9333 Case No. 13-023 Introduction Page 3 of 3 Public Hearing Item 7 A P&Z May 15, 2013 .y, Kodiak Island Borough Print Forth Submit b"y;Emaii Community Development Department `r -,St 710 Mill Bay Rd.Rm 205 ,pL —, Kodiak AK 99615 ' Ph.(907)486-9362 Fax(907)486-9396 httpj/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.� A O I 1 D 421— LI a 4.),--S Mailing Address: Sax S id 9gss° Phone Number. 610 7_ cf sc(-rc,3,3.2 // Other Contact email,etc: 907 — tlsr{ -o9cl3 D/e,`a(vm�P:/51/4`0A-Ii 4/2alWar./.c°a4+ Legal Description: Subdv: '^ // // //II '� '� "-�/ Block: Lot: Street Address: p�leap t�7fac—`r l0 /A'g-S T/geL4rLee,✓ Current Zoning: Proposed Zoning: / Applicable Comprehensive Plan: ,T e / Explanation of the need&justification for a change or amendment of zoning: [;//� 444.a.e•%a-.l i n t/ oi�o,.) and I�So 1.4.4,) /3-Da. Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: / 1 3-n2 Date: L-31_ /3 Signature: y Case No. 13-023 Application Page 1 of 12 Public Hearing Item 7 A P&Z May 15, 2013 CDD Staff Certification Date: 3/2_z/I 1� CDD Staff: ( l Payment Verification Fee Payable in Cashiers Office Room 4104-Main floor of Borough Building Not Applicable L44�9 $0.00 1^t ns(1DY‘,mi¢I41- Less than 1.75 acres: $350.00 VVDLc 1.76 to 5.00 acres: (— $750.00 5.01 to 40.00 acres: r" $1,000.00 40.01 acres or more: r $1500.00 Case No. 13-023 Application Page 2 of 12 Public Hearing Item 7 A P&Z May 15, 2013 LT ,. Kodiak Island Borough Zoning Map 2 Community Development Department IP__ 1 Zoning Request: Request:A rezone,Mein 251.205.030 C3m rezone P&Z 13-023 ©Portion(tract C United States 5509, Q Lions(I a Rural Residential Lazo Zoning District @ErgCO Port Lions OD PL-Public Q Zoning District,ata©gfil9c0fil review Agent: Adkins tatia construction de)sewage lagoon same Efil parcel, according QjC 0.30.0201? Fit iling1Hri - ' 0 O _;r Approximate location / of lagoon project o rea IIIIII II �llll�lz j`tar te r ., c O -. l i r-r-rn Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential r'. 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 Borough's GIS System. It is provided for the purpose of showing the genecal 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)485-9333. Case No. 13-023 Introduction Page 2 of 3 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 �: =-a4 E-mall: cityotportllons®hotmall.00m January 31,2013 I Kodiak Island Borough 710 Mill Bay Road FEB — 4 2013 Kodiak,AK 99615 Community Development Dept. ATTN;Duane Dvorak,Associate Planner COMMUNITY DEVELOPMENT 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 on to 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, 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 .n1 tSt Alaska Native Tribal Heath Consortium DAiaon of Environmental Reen,cud Eagfneering 1901 Braga•Sn'et•Suite 201)•Anchorage.AK 99508-3140•Phone:(9071 729-3600•Nu.(9071329-4090•wnw.anthr ors December 21,2011 Michael Holley USACE Regulatory Division PQ Box 6898/2204 3n1 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): •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 on 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 9201x)to ensure that the community has an approved sewage disposal site. I can be reached at(907)729-3724 or Ikphilemonof @anthc.org or Ms.Jennifer Wing can be reached at(907)729-3497 orjnwing @anthc.org if you have any further questions. Sincerely, 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 .e...4.r•a..... TRACT R ALASKA NATIVE CLAIMS SETTLEMENT ACT EEC e[Er HC.E IANCSA)SECTION 14(C)TRACTS I THROUGH 13 TRACT S AND LOTS I0B THROUGH 138,BLOCK 16 i[c zl¢r m n FIRST ADDITION.PORT LIONS SUBDIVISION _..✓" , A-Or oTR oT r I'vl PA_92-203(55 STAT.680.702.703)• AFOGNAK NATIVE CORPORATION zN•w 7 O .:/• i _ ____ AT•TRACT to »• oat "• p 1 ' • PORT LIONS. 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' '.”.4).l ti t 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 FT 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$750M0 which is associated with the rezone of acreage of this size. This Resolution Becomes Effective upon the date of adoption by a duly constituted quorum of the Port Lions City Council. Adopted this 3I Day of January,2013 AMC?it-t■- Deputy Mayor,City Port Lions ATTEST:City Ciptk Case No. 13-023 Application Page 8 of 12 • Public Hearing Item 7 A P&Z May 15, 2013 2012-000685-0 Recording Dial.303•Kodiak 3/22/2012 1:35 PM Pegs:1 of 4 cl IIn NIIIW lERIJIIIII VIII 'I) B DEDICATED FOR PUBLIC UTILITY EASEMENT Easement ORl-S11-P1 Pon Lions,Aladdin The City of Post Liam,Alaska is the=rent owns of the herein descHbed property. To seems MUM meant in the land should title be transferred,the city batty dedicates a permanent mean=damned herein. THIS DEED OF,5EASEMBNf made and entered into this la- day of f'lare,i'■ 204F by the City of Port lions,Alaska,hereinafter referred to as the "Orantor(sr, THAT, the Grantor/Grantee does hereby dedicate a permanent Publo Easement within Sections 31 &32,Township 26 South,Range 22 West$gsypl Maidiao,Alasks. The easement is shown in Exhibit ORISI Ira and landed Basement ORISI I-Pl.The said easement'a more specifically that portion of said Sections 32&33 described as follows: RefamdngPlat 2006$Page 4 of 9,Kodiak Recording District,AK;ANSCA t4(c). Trace 1 dim 13,Lob 105 emu 13B,Block 16,First Addition,Pmt Lions Subdivision,and Document 2007-002695-0, 12/27/2007. All geeing;and Distances reference Record pad information Begi®ug,at a fetedAluminum apaonumaq Aluminum Cap being on the southerly Right of Way of Airport Road and Taw Point of Beginning of Pmpoeed Utility Easement ORI-09- 005-NIA-Pl;Thence,along Airport Road Right of Way,N59°56'00' ,a distance of 519.72 tea;Theme,649°13'19'E,a distance of 147.00 fete name,515'21'Sl"W,•distance of 542.49 bee: Thence,N49.13'20'W, to the sunmaly Right of Way of Aupon Road,a distance of 550.00 feet to the True Point ofBegirming. Said casement contains 170,765 Sq.Pt or 392 aae(sh more or lea. OUALIEICATION/S1: TEE GRANTOR/GRANTEE DOES HEREBY AGREE to construct and maintain the said improvements and appmtenanca in a wmkmmllke manner, iud„mnite the landowners against liability fir damages to hie or property arising form the occupancy or use of the land by Oe Grantee. The easement is perpetual so long as the easonmt shall deadly be used for the purpose specified And rhos the easement may be terminated in whole or in part by the Gnator(s)if ce-use of the easement for the specified purpose mists ter•osnacontive two year paned. OR1-SI I-P)LEGAL Page 1 of 4 Case No. 13-023 Application Page 9 of 12 Public Hearing Item 7 A P&Z May 15, 2013 GRANTOR CERT>)7CATION: for Easement Recd ORw-au-P) IN W • S WHEREOF,the Wrties have eacatod this inflect at In2f-l_4 a,9;/ II ('� l /.Maskks/ By. (Signature) „ /, Ake wy Of'fG en7S (Printcd)cj-beJt, 43 C•1 w. all.(�S /10 • • Manor t 0E-1-12 Title Address STATE OF ALASKA ) a: THEtDnUDICAL DISTRICT ) THIS IS TO CERTIFY THAT ON THIS /. day of M 20 A before we the undersigned Notary Pub�Epin and for the State of Alaska,duly commissioned and sworn,personally appeared a7te tat- (-lndctas3 to me known to be the individual dumbed in and wbo nested the above and foregoing iosmmaat iii the capacity as stated therein and acknowledged to me that he/she signed and sealed the same freely and • volannttari�ly/for the usm�and purposes therein mentioned. J • Y`o'rT wKt 6. 4644-- My tan miaawn expires. y.UeP-)7,ao,Y 40 wty Parka,Paw of/MOO N Ttattii rl� NOTARY PUBLIC FOR ALASKA Julia tl.aorP" • KODIAK Recording District Dote Recorded • Return to; ATTENTION:SUSAN MISKILL,PIS Alaska Native Tribal Health Cooaottm 1901 Bngaw,Swtc 4200 • Anchorage,Alaska 99508-5997 01U-SIt-P1 Rage of 1111111101E1110 2et 4 201754 Case No. 13-023 Application Page 10 of 12 • Public Hearing Item 7 A P&Z May 15, 2013 GRANTEE CERTIFICATION: for Eawment Patel ORI-SII-P1 IN WITNE,19 WHEREOF,the patties have waded this Instrument at oeTl..se.OS ,Alaska // By: (Sigsamm) (2tnaUa - e44-6 J-nerLA3 Casale* (Printed) ('Ar{&ce Ale,ISON AniiO A-mirt.SClert Doti1.-40— 41444 9955'7 Title Address r - STATE OF ALASKA as: THIRD I(IDICAL DISTRICT ) THIS IS TO CERTIFY THAT ON THIS /Relay of hart 20a before me the u)durtgnd Notary Publipin and� for the State of Alaska,duly commissioned and swore,personally appeared (a,v(*ca s.7a-/.a^-1 m mo known to be the individual described in and who executed the above and foregoing instrument in the capacity as stated therein end acknowledged to me that he9he signed and sealed the woe freely and voluntarily uses ily for the ur and purposes therein mentioned. Cate` Ai My commission expires se-/7 Re/V noIar.:avouc imii:!oraa.m NOTARY PUBLIC FOR ALASKA Ma[ome'bn el lad) a . isTeaey.. Am.l);leis KODIAK Recording Dishin Date Recorded Return to:ATTENTION:SUSAN MISKILL,PIS Alaska Native Tribal Health Consortium 1901 Bragaw,Suite#200 Anchorage,Alaska 99508-5997 ORI-S11-PI Page 3 oft I! flDill�ll0 2012400685.0 Case No. 13-023 Application Page 11 of 12 • Q N E m v o O no N C in to .ti N c. 2 to u 2 to N 0- t1 \ CEMETARY RESERVE \ IFXHIRIT OF1-511-El / .N-I END \ TR, 4 1 I / ® w \ BRRAASS \ N59'56'OOT 1 / 0 END AL CAP. • 1 — - 51612' �. rinl \\ 1 / �8 FNtl / TR. 71 AIRPORT ROAD - r E on BRASS i `G F D BRASS END AL. CAP - — - \ - o_ CAP 0/ CAP T.P.O.B. u9'13't 9"E O(l9 PLAT 2006-8 \ Iq.oO' O,\ K.R.D. ilk ,Y"/ ERN AFOGNAK 1 \ r RBR CORPORATION \ 1 1 u C/271 CL \ N19'13'YO"W 51571'58"W \ Q 1 550.00' 542.19' 11 A.N.S.C.A. 14 (C) TR. 6 o — 20 CC 0 rig \ 00D / 1 _ _,- m -000 TO CITY OF PORT LIONS J . !T IS `4, �/ 2007-002695-0, 12/27/2007 p-OPOSED EASEMENT ^1 a 6 LOT LINES SHOWN ARE ` i ORI-S11-P7 / ,;!,��; s%"�, Z FROM AN ON-RECORDED SOURCE. \ / 179765 EE MI. OR .-�nfap �x_ N FOR GRAPHICAL \ 3.92 ACRES MORE DR LESS J y ,P @ PURPOSES ONLY., ‘ / A (`S' y y U AWIUNaLVe Exwerr:ORr.51I-Ct {- 7� / r''•`+ 7 ray%1 flat.( *ww��m COMMUNITY: PORT t1ONS.ALASKA 0Arz: 11/20/2011 rs.e,r Af,f'`ly;`i„ k': '<I` 1� 1u�PR NaNrrc DAP �1 ea..." PARC(1/ 001-511-Pt PAGE • OF • MOT We 0mO*0J lamas McdolNG DISTRICT: RWIAK SCAM f-1 SILL Public Hearing Item 7 A P&Z May 15, 2013 * J 1 ;; Kodiak Island Borough n ( Community Development Department Lap 710 Mill Bay Road Room 205 ')1'�Y ,nw �a :� 'ras Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 t•` www.kodiakak.us April 3,2013 Kathryn Adkins 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: 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. Attendanceat 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, CCIrlraQa Cm 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 1s'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 ssmithkodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486- 3231. The toll free 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 (#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: 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 II Sri (' 44.- i frr .. , r OTr s. . a :44.ast. so•/: 0? Y il I,4y4 4t, / O ,.... „\ a„ q♦ 0 4,4)� iris sl t 1 se31.9 Pildt sl� "° 9 N .&SAC • Kodiak Island Borough GIS Le end ?--)iice. J ��\ : Notification Area N /\', E r r Feet .IF v'�f• o 250 2,500 5,000 O Subject Parcel S 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. 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 Mall_City Mail_St Mail_Zip KEVIN ADKINS PO BOX SO PORT LIONS AK 99550 AFOGNAK NATIVE CORP MAIL CODE:KIBTAX 3909 ARCTIC BLVD,STE 41 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 BRANOAL PO BOX 17 PORT LIONS AK 99550 DANIEL BYRON PO BOX 95 PORT LIONS AK 99550 CALHOUN AK COMM.PROP.TRUST PO BOX 3805 HOMER AK 99603 ROBERT V 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/0 GATEWAY FIREPLACE SHOPPE 10088 ELLSWORTH RD STREETSBORO OH 44241 PELAGAYA EGGEMEYER PO 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 PO 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(IONS AK 99550 NANCY HILLSTRAND P.0.BOX7 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 OORINDA&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,8114 ANCHORAGE AK 99518 KENNETH LESTER PO BOX 538 KODIAK AK 99615 BRUCE LOGAN 542D 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 7A 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 Sr 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 PO BOX 74 PORT LIONS AK 99550 NICK NELSON PO BOX 74 PORT LIONS AK 99550 HARRY L NELSON PO BOX 87 PORT LIONS AK 99550 CANDACE NELSON PO BOX77 PORT LIONS AK 99550 HELEN NELSON PO BOX 117 PORT LIONS AK 99550 MARGARET NELSON 59806 WINDING TRAILS LN HOMER AK 99603 HARRY NELSON PO 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 99587 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 GIRDW00D 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 PO BOX 44 PORT LIONS AK 99550 MELVIN SQUARTSOFF PO 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 PO 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/O TELALASKA,ACCTS PAYABLE 201 EAST 56TH AVE.,STE ANCHORAGE AK 99518 MICHAEL TERKELSON 2172 ASHWOOD RD KAYSVILLE UT 8403] STANLEY THOMSEN P.O.BOX 55 PORT LIONS AK 99550 NORMAN URSIN P.O.BOX 31 PORT LIONS AK 99550 JESSICA URSIN PO 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 0 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 JUN-19-2013 02:97 From: To: 190T4E159391 Page:2/22 PUBLIC HEARING FORM 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). RE CE `,C ® This is in support of the rezone. RECEI V CD ❑ This is in opposition of the rezone. JUN 1 8 2013 ❑ Other comments. s - Name: / * KK,AASKA an . Residence Address: 04_ k. _ Yc ✓ Mailing Address: P. c7 c%-e- -33 ¶�/y.-'f` ' o JS ) PFIC. Comments: c Written comments may be submitted by email to niavier(mkodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday. June 20, 2013. t fl ?'- : KODIAK ISLAND BOROUGH ' !'` ` AGENDA STATEMENT ^[tt REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 9.B 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 ® No Funds Available ❑ Yes ® 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. Public hearing notices were sent out and any responses will be provided to the Assembly. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013-18. Kodiak Island Borough Page 1 of 1 • Introduced by: Borough Manager Requested by: P&Z Commission Drafted by: Community Development 2 Introduced: 06/06/2013 Public Hearing: 06/20/2013 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 Kodiak Island Borough "o * > Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks @,kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, June 20, 2013, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2013-18 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). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerksAkodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on June 20, 2013. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2013-18 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). (.,.i.\ li . , iii‘r ; ,1 j� t 1 •• V. O ,`r 4 .' //7 t Kodiak Island Borough GIS System 0 1,375 2750 5,500 8,250 11, IThis 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 obtaned by contading the Kodak(stand Borcugh IT Depalmerl et(907)486-9333. PUBLIC HEARING FORM 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). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to niaviera(�kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, June 20, 2013. 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 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 APT 95 616 E. 74TH AVE. PO BOX 33 ANCHORAGE, AK 99503 ANCHORAGE, AK 99518 OLD HARBOR, AK 99643 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 CITY OF OLD HARBOR GLEN CLOUGH ALFRED HANSEN JR PO BOX 109 PO BOX 124 PO BOX 68 OLD HARBOR, AK 99643 OLD HARBOR, AK 99643 OLD HARBOR, AK 99643 WALTER HOK JOHN IGNATIN WILLIAM IGNATIN SR PO BOX 8518 PO BOX 76 611 W. 32ND ST#95 KODIAK, AK 99615 OLD HARBOR, AK 99643 ANCHORAGE, AK 99503 MARTIN INGA SR. GENE A JOHANSEN PHILLIP JOHNSON PO BOX 112 PO BOX 32 1818 MISSION RD OLD HARBOR, AK 99643 OLD HARBOR, AK 99643 KODIAK, AK 99615 KODIAK ISL HOUSING GEORGE LARIONOFF MOSES LARIONOFF JR AUTH/GREGG PO BOX 28 PO BOX 28 3137 MILL BAY RD OLD HARBOR, AK 99643 OLD HARBOR, AK 99643 KODIAK, AK 99615 VICTOR C LARIONOFF SR ALEX MENSOFF JESSE MICKELSON PO BOX 13 PO BOX 107 1410 E. REZANOF DR OLD HARBOR, AK 99643 OLD HARBOR, AK 99643 KODIAK, AK 99615 ANNE MORDHORST GORDON NAUMOFF SR CITY OF OLD HARBOR PO BOX 52 PO BOX 42 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 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 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 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 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. 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 KIB 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 Kodi" k Island °rou h j` S a �y�.,.� , Community Development Department d fig 710 Mill Bay Road ` -1 �L Kodiak, Alaska 99615 "> Phone(907) 486-9363 Fax (907)486-9396 www.kodiakak.us l' 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 Al-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. 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 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 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 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 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. 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, Sheila Smith Secretary CC: Nova Javier, Borough Clerk Alaska Department of Transportation&Public Facilities City of Old Harbor Public Hearing Item 7-E .' 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Sinerosotott Legend . -i.corf • , tasma4 se 4$ , 1 ,4'44 v qS'a.-r,..,..k00.,, Subject Location , t 5.4*cvetor.if,4,40a.4,_-4.V.1/2.,)..44%,,.:,:ak cf.;:itka,c4.,:7,79:Crtdrtim4t . ,rn ti. v4 ..,, •4.47.-,b-4, ,"'‘-ak - 1- 1 - Kodiak Island Borough GIS System 0 385 770 p ;•;•■ 4 , 1 540 2,310 r?Ct •*St I I This System It is provmed for the purpose d by contact ng the Kodiak Island Borough Is map was prepared from the Kodtak IslanindfoBoroauighn m G information to Boroughs the mapping data can be obtained of showing the general location of a prioTpDeenpyawrtinithetnnithaet(K9oodna4k8is6lagn333Borough This map does not represent a survey,More Introduction-Page 1 of 3 Public Hearing Item 7-E P&Z: April 17,2013 &Wale Location Request:Q Rezone investigation, accord ingg:jC 25).205, 110 allow'tuft j- proposed expansion race CU Harbor Airport, ,,.11i 13-026 from R.1-Single-family Residential Industrial, .(. A I U1 OIGd Harbor Conditional Permit, according 2Q�D�277.120.040.A, OD allow©W airport bykalII(k Industrial zoning district, fit)addition QDEM aviation related uses f G1a7 develop lb) conjunction Milan expanded airport design. 4 # ___ _,,ip------,___, ______ ----- -, S I A ./ ‘...'V.--:, : i ::"... 4 4p. • cz:. ir o° 410 o \, 7 .. i / / -� _ •� i I -* r.° Kodiak Island Borough GIS System Yyl �1'� ., r 0 1,375 2,750 5,500 8,250 4111.111 I 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 properly within the Kodiak Island Borough. This map does not represent a survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Introduction-Page 2 of 3 Public Hearing Item 7-E P8Z: April 17,2013 -It Kodiak Island Borough Zoning Map a Community Development Department pi Request:Q Rezone investigation, aceordin0011 X•y U.205, iPCii Zoning m allowiteap proposed expansion COID2Cal Harbor Airport, Igflag . B 13-026 from R.1-Single-family Residential LI-Light Industrial,aga Conditional 111 Permit, according O O .120.040.A, C CQ Old Harbor 90 allow®allow et0619 airport Wag g LI-Light Industrial zoning district, NO addition aviation related uses ffin Gay develop conjunction wtexpanded airport design. F i o I t la , la ,' tI1j49 c a. i ::zocation d !.;4 II sir I lity i i Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential 3 Light Industrial �� 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 shaving 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 P&Z: April 17,2013 Kodiak , L I C Submit by Email Community Develop ment Department rJ tioN .A+ 710 MITI Bay Rd.Rm 205 14 Kodiak AK 99615 Ph.(907)486-9362 Fax(907)486-93% — - MAR - 1 2013 htto://www,kodiakak.us 3 02.60 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: R1 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.C.P.,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 R1 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 R1 to LI. The rezoning will allow the City to proceed with its safety enhancement and runway extension project(the Project). As the K.C.P.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." K.C.P.,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: h43 Signature: ef79 0/W At /alive_ Corfay04,' Application-Page 1 of 27 Public Hearing Item 7-E P&Z: April17,2013 CDD Staff Certification Date: -3 7//2 3 CDD Staff: Payment Verification Fee Payable in Cashier's Office Room a 104-Main floor of Borough Building t ,,, / yl/S Not Applicable r 50.00 Rv�V,"�' _l "� Less than 1.75 acres: r' $350.00 Ra.r � [+�,yr1S _ 1.76 to5.00acres: r $750.00 5.01 to 40.00 acres: r stow.® MAR 3 1. 'ti j 40.01 acres or more rx $1500.00 KO DIAKISIAPIDBDROUGH 710 MILLBAYRD.,KODIAN,AN99615 Application-Page 2 of 27 • Public Hearing Item 7-E P&Z: April 17, 2013 •' A ; Kodiak Island Borough �/h l�A , . . , p ,-1•10, _,,{, ,,." Office of the Borough Mayor A, � . b 710 Mill Bay Road G,' 3 F t s , 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 t Wa V V / © AAstOo/ PO Box 62, Old Harbor AK 99643 Phone: (907)286-2215 fax (907)286-2277 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 Maya, 2012 at which a quorum of Council members were in attendance. For 03 against abstain Present absent tr' AL/mot✓e President _ear ,/� Vice President ecretary/Treasurer , .> � -�� Council Member i Council Member 5/24 _.f. l�jr�f1 , Council Member Application-Page 5 of 27 Public Hearing Item 7-E P&Z: April 17,2013 „O� iH 4 - •"7 STATE CAPITOL 5501\'cst Seventh Avenue,Suite 1 7011 PO. Pox 1 10001 .'1' 3 .qr Anchorage,AK 99501 Iuncau.AK 11.0001 07-_G9-7{50 907-A6S-3-4fi5-3500 fa'7s 9(17.269-7461 fs■: 907-465-3532 ,vm3GovAlaska.Guc Governor Sean Parnell Guvernor(aAlaska.Gov STATE OF ALASKA August 23, 2012 The Honorable Rick Berns Nis. 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 (IR1) Participation in Old Harbor Airport Expansion Project Dear Mayor Berns, Ms. Knnrey, and Mr. Marrs, -!-hank 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. Ce?teltilee7 Bes regards .ea 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 P8Z: April 17,2013 ast STATE CAPITOL 550 West Seventh Avenue.Suite 1 700 P.O. Box 110001 11 Anchorage.AK 99501 Juneau.AK 99811-0001 907-269-7450 fr 907-465-3500 � fax 907-267-7461 fax:907-465-3532 tmatGov.Alaska.Gov Governor Sean Parnell Governor @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 Raad in Metlakalla, Cape Blossom Road Survey,Alaska Airfreldr Survey, and Metandk. 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 A1'am ernor 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 P8Z: April 17,2013 LISA MURKOWSKI 510 L STREET,Score 600 ANCno0AOF,AK 99501-1956 ALASKA 19071271-3735 COMMITTEES: YYy 101 12TH AVENUE,ROOM 329 ENERGY ANO NATURAL RESOURCES United *tato senate FAIRBANKS,456-02336278 RANKING MEMtlkq United u ` ` a" 800 GI ACIER AVENUE,SUITE 101 APPROPRIATIONS WASHINGTON,DC 20510-0203 JUNEAU,AK 99501 19071588-7277 12021224-6685 HEALTH,EDUCATION,LABOR, 805 Fg0NTAOE ROAD,SUITE 105 AND PENSIONS 120212244301 FAX KENAI.AK 99611-9104 INDIAN AFFAIRS 19071 283-5808 July 20, 2012 4079 TONGASS AVENUE Suite 204 KErcHIKAN.AK 99901-5528 (9071225-6880 851 EAST Wrs1FnINr 081w,Sunt 307 Mr. Carl H. Mans ws1907)A376-7565 142 Chief Executive Officer Old Harbor Native Corporation 2702 Denali Street, Suite 100 Anchorage, Alask;99503-2747 Dear Mr.ha rf e,,_-- Thank you for your letter regarding the City of Old Harbor'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, jineo jeer_ 1sa urkowski United States Senator Enclosure HOME PAGE AND WFB MAII M URKO W SKI.SENATE.GOV Application-Page 8 of 27 Public Hearing Item 7-E P8Z: April 17,2013 LISA MURKOWSKI All I Nos I, A...... IAN ny:. 1 AIK..fi ALASKA non'NI .u,., COMMITTEES: *coat( I N IU■Y ANTI NA I JHAI IIFS(n1NCb5 United *totes �.'coate IMYIp.t'.°0I'(I F+nn.n.Kfi w:n NG:l lii nl :•14\•.'•.-. 1 1111 AYYHO^MAIIONJ WASHINGTON,DC 20510-0203 .90/1 Mu, On HEAL IN t at:AlIus lntlGH. AND I,I Nb.ONS (%IIL;),I YNIIAX KC1 I r,. I1.mn.5...o IAS K..red,AK a9n 11 .ry1G: INDIAN AFFAIRS July 16,2012 19nn;041 WA 40/9 1.ns.v.4v!'.:a.S:dn 10: K r,A. AK 9N9;I :mio IN1/i:iY•L8 O i91111:/!. i1•':. 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, C..'ide. 8t r/ rsa urkowski United States Senator HOMl:PAGE AND WEB MAIL MUIIKUNASKI SI NA II WIN Application-Page 9 of 27 Public Hearing Item 7-E PBZ: 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&PF"),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 It Right of way c. Design, including Erosion Sediment Control Plan; Stoma 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 P&Z: Apri117,2013 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 P8Z: April17,2013 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 P82: 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 will 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 from 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 Department of TranspArtation.and Public Facilities By: /1/ Marc A. Lai en Commissioner The Alutiiq Tribe of Old Harbor By: .. '1/t. % -74s . . 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 C ilv '014.Harbet a Rich Daze Mayor P,O, Box 109 0W Harbor,Alaska C S Old.`Harbor Native Corporation By,.: /? er,Si � Carl H.Marrs Chief Executive Offleer P:O. Box 71 Old Harbor; Alaska 99643 Application-Page 17 of 27 Public Hearing Item 7-E P8Z: 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 the 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 covering all operations with combined single limits not less than: (a) $1,000,000 Each Occurrence; (b) $1,000,000 Personal Injury; (c) $2,000,000 General Aggregate;and (d) $ 2.000.000 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. 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: 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. 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 die 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: 1. 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 anyone 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 die 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 die 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 ,laska Dep L nt of TN,nspo•ation and Public Facilities Date: )a IJ 'J). By Iii I Ail Pst iemp V ct CAMf%ELL- er MA10r3AL DInA,Lo(Or— The City of Old Harbor Date: October 4.2012 By: V.).--\1-- 7%.: Rick Bems Mayor P.O.Box 109 Old Harbor,Alaska 99643 5 t Application-Page 22 of 27 Public Hearing Item 7-E P&Z: April 17,2013 LAND USE AGREEMENT REGARDING ENTRY ONTO OLD HARBOR AIRPORT 'Ibis 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: I. 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 property or bodily injury to any person whatsoever that may arise from Old Harbor or its' agents activities arising from the Project . _4(754..E Marc A. Luiken Commissioner, Alaska Department of Transportation and Public Facilities Date: 24' Lo,6, )2 For the City of Old Harbor Date: 1-3D-2011.-- Application-Page 24 of 27 Public Hearing Item 7-E P82: April 17,2013 p Kodiak Island Borough la_ Ma r I _SubmitbyEmail f" Community Development Department v V C - 710 Mill Bay Rd.Rm 205 _ Kodiak AK 99615 ' Ph.(907)486-9362 Fax(907)486-9396 MAR - 1 2013 i 3 2 htto://www.kodiakak.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 Airport rP 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 site,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 fora 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 t his chapter pertaining to the conditional use in question Yes. Application-Page 25 of 27 Public Hearing Item 7-E P82: Apri117,2013 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 FAA 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 must flnd that the proposed use or structure Is 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 owner/authorized agent that this applkatlon for PI,2Commission revkwis tru e and complete to the but of my knowledge,and that It is submitted in accordance with the requirementso{the applicable Kodlak Island Borough Code,which Includes a detailed sheplan 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: UV \ r.i '5 Signature: I It $ . 1. 10 '.. CDD Staff Certificatio Site Plan Submitted? i. e^ Cu-ent Date: 3 1 12,0( .3 CDD Staff. Payment Verification Fee Payable In Cashier's Office Room 11 104-Main floor of Borough Building >C:r 1ee, cuP Od UVL Q � - Or of 4 14 I c1 C . I ` -c-c19 `- P "t'�-fit l o-4-1, S e9 Z �CktQQJY �.v Public Hearing Item 7-E PBZ: 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 FAA 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 P&Z: April 17,2013 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 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. LOCATION: Tract A, ANCSA I4(c) Plat 96-33, Old Harbor, AK Airport ZONING: R1-Single-family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you 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(#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 1 of 4 7 (I ' / J PROPOSED LIGHT / I <� -._IN DUSTIAL ZONE 1. 'AREA A FILL AREA 1 1, MIDWAY BAY( /. _ _ 1 1 r - � ..-- --._ -'I BRINE FILL V r_L '�� \\ BOUNDARY _ J ^- ❑ E1 ( CUT AREA I I PAD AREA CUT AREA ^_ - - -- - / APRON I I 1 CUT AREA r._{ L_ _., (( �- -_._.._._ _ _ _____ -.,w c-:4 - 2 ,, ', I })1 1 ^'I' �f I -.-, - - r `�Lx�� PROPOSED EXTENSION - 1 7-I` T hhh r . FI AREA t 13 T ! O __ -O T yFILLAREA \ / 1- I n 1 CUT AREA f AREA'A' 13 ��A - BOUNDARY M N Fl 3 r. \ L_ __,..e.-___I AREA N 1` IL` I PROPO$FD LIGHT Ia Cyi �'•I'� INDUSTRIAL ZONE N !� ,2: 17` 1 I N 4 N L—. 1 A Y` P9r FILL AREA I I I l _,.1 ,, t \ 200 600 I \ / ..__ SCALE. 1 =200' - __-_ SHEARW/\TER it — I CITY HARBOR nIRFOrr c r .i - I) RUNWAY EXTENSION PROJECT �a L SYSTEMS uG 11 ° . ,._ —{--- -- — RUNWAY EXTENO10N d o I ... F. _ -1 -----—1 I nt 6 401051 1 YA e..OA° 05150 - 1 e. w1v w•,,- H (515)']49 997 FAX (513) 249-9111 ZONING EX TENSION (D iii 5 —10 ✓ ry Na 3 O W m 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 1SL 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 0 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 0 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 ro 5417 ly%s THE STATE Department of Transportation Fs�%�2;4 ofATT A KA and Public Facilities CENTRAL REGION ' 7 - GOVERNOR SEAN PARNELL Planning ,n ALAs10- 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 D E C IE V E S13-026: Old Harbor Airport Expansion APR - 1 2013 COMMUN IY DEVELOPMENT DEPARTMENT Sincerely, Joselyn Biloon 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 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: 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 RI-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: April17,2013 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: R1-Single-family Residential East: Unsubdivided & Unsurveyed Land Use: Vacant Zoning: RI-Single-family Residential West: Unsubdivided & Unsurveyed Land Use: Vacant Zoning: RI-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: April 17,2013 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: April 17,2013 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 I-Iarbor 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 P&2: 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 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. 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 RI-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: April17,2013 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 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. Staff Report-Page 7 of 8 Public Hearing Item 7-E P&Z: April 17,2013 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 �* + KODIAK ISLAND BOROUGH oq ..:. 4°//#7' ' AGENDA STATEMENT SQk , REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 13.A.1 TITLE: Contract No. FY2013-33 North Star Elementary School Canopy Repairs Project. ORIGINATOR: Projects Manager FISCAL IMPACT: ® Yes $77,000.00 or ❑ No Funds Available ® Yes ❑ No Account Number: 469-614 452.150 12001.5.5B Amount Budgeted: $269,499.00 ATTACHMENTS: Construction Agreement Document APPROVAL FOR AGENDA: SUMMARY STATEMENT: Kodiak Island Borough Code 3.30.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for the North Star Elementary School Canopy Remodel project as shown in the construction documents prepared by Jensen Yorba Lott, Inc and put out for bid. The construction documents, bid documents and associated addenda are available for review upon request. The existing steel bus shelter canopies in front of the school are rusting badly, and need to be recoated. The work includes removal of existing coatings, preparation of the steel frame, and the application of new coatings, sheet metal flashings and other elements to match existing condtions. An Invitation to Bid was issued on May 2, 2013, and bids were opened on May 23, 2013. One bid was received, from Wolverine Supply of Wasilla, Alaska. Staff reviewed the bid documentation and has determined that the bid submitted qualifies Wolverine Supply as the lowest responsible/responsive bidder. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2013-33 with Wolverine Supply, Inc. of Wasilla, Alaska for the North Star Elementary School Canopy project in an amount Not to Exceed $77,000.00. Kodiak Island Borough Page 1 of 1 KODIAK ISLAND BOROUGH,ALASKA CONSTRUCTION CONTRACT Borough Building and North Star Elementary Exterior Repairs#12001 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 Wolverine Supply, Inc. Company Name 5099 E. Lupine Drive, Wasilla, AK 99654 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 _ Seventy Seven Thousand dollars ($ 77,000.00] 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 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 lof 3 \Wove\Departments\EFlOId\Capital Projects\Bond Issue\Projects\Borough Bldg&Northstar Elem.Ext.Paint\North Star ——--Elementary\Contracts\Wdvedne\Wotverine Contract.doc - --- - - - " - - r 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 I I, Supplemental General Conditions 2.6 Five Hundred dollars ($ 500.00 ) 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$ 77,000 Payment Bond, and $ 77.000 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) Construction Drawings dated April 25,2013 ; (2) Project Manual dated April 25, 2013 Kodiak Island Borough Construction Contract Page 2of 3 \\dove\Departments\EF101d\Capital Projects\Bond Issue\Projects\Borough Bldg&Northstar Elem.Ext.Paint\North Star -- —Elementary\Contracts\Wolverine\Wolverine Contract doc—._ - — - -- - - ' - IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Wolverine Supply, Inc. Company Name aca.0464±c_. Signature of Authorized Company Representative Ashlee Stetson, Vice President Typed Name and Title June 5, 2013 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 \Wove\Depart rents\EF\Old\Capital Projects\Bond Issue\Projects\Borough Bldg&Northslar Elem.Ext.Paint\North Star Elementary\Contracts\Wolverine\Wolverine Contact.doc— --- - ---- -- - - - -- - - —i I AVif4 KODIAK ISLAND BOROUGH ,`4 °`1,"-' AGENDA STATEMENT E � REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 13.A.2 TITLE: Contract No. FY2013-34 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. ORIGINATOR: Engineering and Facilities Director FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ® Yes ❑ No Account Number: 242-224-446-110/120/125 Amount Budgeted: $575,000 (budget pending approval) ATTACHMENTS: Contract No. FY2013-34, Bid Tabulation, Bid Schedule, Code backup APPROVAL FOR AGENDA:6d SUMMARY STATEMENT: Kodiak Island Borough Code 3.30.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Service Area No.1 Sealed bids were received and opened on May 17, 2013. Four bids were received from Golden Alaska, Brechan Enterprise, B&R Fish, and AIM Maintenance. The bids were submitted with price quotes for individual pieces of equipment to be used on the projects provided above. Bid schedule is attached. In accordance with the code, KIB staff recomends rejection of the lowest bidder, Aim Maintenance, based on the lack of road construction experience per KIBC 3.30.080 resulting in B&R Fish as the lowest responsible bidder. The bids were provided to Service Area No. 1 Board, along with staffs recommendation for review and recommendation. At this time, Service Area Board No. 1 recommends Aim Maintenance for all their service area work. The staffs recommendation is to award the contract to B&R Fish. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2013-34 with B&R Fish, Inc. of Kodiak, Alaska for Road Service Maintenance and Repairs, and Snow Removal and Sanding for Service Area 1 for time and materials based on bid scheduled for the period of July 1, 2013 to June 30, 2015 . Kodiak Island Borough Page 1 of 1 MEMORANDUM REC ED DATE: June 19, 2013 JUN TO: Mayor,Jerome Selby, Assembly and Madam Clerk, Nova Ja icr aoRouom FROM: Chair Scott Arndt and the Service Area 1 Board KODIAK,emc ICE RE: Service Area 1 Road Maintenance and Repair Contract The board studied the corrected breakdown on the bids that were presented for the four bidders on the Road Maintenance Contract. A spreadsheet on the Maintenance Rates and Repair Rates of the contractors bidding with additional information on the bid was provided. The Board wants the Assembly to know that they have gone over the numbers for each contractor and would like to recommend the three choices in order for the Service Area I Road Maintenance and Repair contract go to: I. Aim Maintenance—due to the fact that they are the lowest bidder - --� 2. Brechan Enterprises — They were actually lower in the Maintenance portion of the contract , between them and B & R. The Maintenance portion is the main part of the contract used. 3. B & R Fish By Products, Inc. — Again their Maintenance portion of the contract would be ' higher than Brechan. We thank you in advance for your attention in this matter. The Service Area Board takes this and all matters very seriously for Service District I interests. Board members will be available at the meeting for questions. Service Area I Board OWNER - GENERAL CONTRACTOR AGREEMENT FOR ROAD MAINTENANCE AND REPAIRS, SNOW REMOVAL AND SANDING FOR SERVICE AREA #1 IN THE KODIAK ISLAND BOROUGH, KODIAK, ALASKA Contract No. THIS CONTRACT, made this day of ,2013,between the Kodiak Island Borough of 710 Mill Bay Road, Kodiak, Alaska 99615-6398 ("Borough"), and of , Kodiak, Alaska, incorporated for organizedl under the laws of the State of Alaska, its successors and assigns ("Contractor"). This Contract shall consist of the following Contract Documents: "Contract Documents" shall include: Request for Bids, including all addenda; Appendix A - Bid Schedules; Appendix B - Road Work Log and Daily Work Report Forms; Appendix C - Map of Road Service Area; Appendix D - State Rates of Pay. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the parties, hereby covenants and agrees to commence and provide maintenance and repairs, described as follows: 1. DESCRIPTION A. Scope of Work: Roadway maintenance and repairs, including grading, ditch cleaning, clearing, culvert installation, snow and ice removal, and sanding in Service Area #1. Any damage caused by Contractor to culverts or curbs by ditching,grading and/or plowing will be repaired or replaced by Contractor at "no cost" to the Borough. The existing system consists of approximately 12 miles of graveled and paved roadway and parking areas, as shown on Appendix C. • B. Inspection and Borough Supervision: All work will be authorized and inspected by the Service Area Board Chair or his/her designee. All road repairs,drainage, ditch maintenance and construction projects must be approved by the Borough Engineering and Facilities Department prior to commencing work. C. Approval to Start Work: Snow removal, sanding and routine maintenance will be at the discretion of the Service Area Board Chair or his/her designee. No reconstruction or upgrade work over $5000.00 shall commence prior to approval by the Borough Manager or his/her designee. https://share.kodiakak.us/clerks/Shamed Documents/06202013 REGULAR MEI:I'ING/13.A.2 Contract No.FY2013-34 SAI Road Maintenance Contract.doc Page I of 7 2. CONTRACT TERM A. The term of this contract is July 1,2013 to June 30,2015. The Borough Manager,in his sole discretion,may offer two(2) additional one(1)year extension terms. The Borough Manager may consider Contractor's performance and any recommendations of the Service Area Board. If the Borough makes such an offer, the Contractor will have thirty (30) days to accept or refuse the offer. B. Any holding over of the Contract beyond any exercised renewal options will be considered a "month-to-month" extension. All terms and conditions as set forth in this Contract shall remain in full force and effect. Each party shall provide the other party with notice of intent to cancel such "month-to-month" extension at least thirty(30) days prior to the desired date of cancellation. C. The Borough Manager may terminate this Contract upon thirty(30)days prior notice if the Contractor receives three letters from the Borough Manager or designee for documented non- performance, which has not been amended or resolved in a timely manner, for multiple equipment break downs, or for unavailability of equipment or labor needed to complete the work as described in the Contract. The Borough Manager may rely on any recommendations made by the Service Area Board. 3. RESPONSE TIME A. Maintenance: The Contractor shall begin corrective work no later than 8:00 a.m. of the second day following receipt of directive for correction on non-emergency problems and two hours after notification for snow removal/sanding and other emergency problems. Any equipment warm-up must be completed prior to the start time. B. Repairs: The Borough, through the Borough Manager or designee, may request repairs in accordance with a written Work Order to be dated and signed by both parties.The work order system may also be implemented upon requested through the Borough Manager or designee by the Board Chair or the Contractor to help settle disputes between the two parties. C. Non-exclusive Work: If the Contractor does not respond to a non-emergency work order in a timely manner,the Service Area Board Chair or his/her designee and/or the Kodiak Island Borough Engineering and Facilities Director or his/her designee may utilize a Contractor from one of the other service areas or a KIB facilities' contractor to respond to the work order. In an emergency,or if there is a reasonable possibility that Contractor may not be able to timely or adequately perform, the Borough may contract with the second bidder on the bidding list for the purposes of a backup contractor. All contractors shall supply contact numbers for 24 hour service(cell, pager) that will allow the Kodiak Island Borough and/or the Service Area Board Chair to contact the Contractor or his designee anytime during the contract period. https://share.kodiakak.us/clerks/Shared Documents/06202013 REGULAR MEETING/13.A.2 Contract No.FY2013-34 SAI Road Maintenance Contract.doc Page 2 of 7 4. SPECIAL EQUIPMENT The Contractor shall furnish equipment suitable for dust abatement and steam generation to thaw culverts,and two pieces of snow removal equipment(both with blades and snow gates). As well as one 8-yard sander for spreading D1 and I sander with a minimum 2 1/2 yard capacity for sanding/salting. Snow gates will be engaged on all driveways within the service area. If snow gates are not engaged or inoperable the Contractor will be responsible for the immediate cleanup of these areas at no charge to the Borough. In cases of heavy snowfall the Contractor would be expected to work together with Service Area Board Chair to open driveways as soon as possible and would be able to charge for these extraordinary circumstances with prior approval. Prior to the first snowfall of the season, the Contractor shall install snow markers at all critical culverts and drainage areas. These shall be determined by joint decision of the Service Area Board and the Contractor. 5. COSTS OF MATERIALS, SUPPLIES, AND EQUIPMENT A. Materials: For all Borough approved materials actually used in the work, the Contractor shall be reimbursed at rates set forth in the Bid Schedules. Material transportation costs shall be provided for under the equipment rental rates. B. Equipment: 2 Graders shall have a minimum of 14 ft. blades. 1 loader with a minimum 3 yard bucket for clearing intersections and heavy accumulated areas, and 1 Loader,if used for snow removal,can have a minimum of a 12 ft.blade capable of angle adjustment or a bucket capacity of 3-4 yards. All equipment listed in the equipment schedule must be in good working condition suitable for the purpose for which the equipment is to be used. Individual pieces of equipment or tools having a replacement value of one hundred(100)dollars or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefore. C. Labor rates: Included in listed equipment rental rates are straight time including fringe benefits. Premium rates for overtime will be paid for work performed under this contract above eight (8) hours per day and forty(40) hours per week. This overtime rate will be an incremental amount to be applied on top of the straight hourly rate included in the Contractor's original labor and equipment rate in the Bid Schedule. Rental time will not be allowed while equipment is inoperative for any reason,including due to breakdowns, while warming up or installing chains. The rental time to be paid for equipment on the job shall be the time the equipment is in operation on work being performed. D. Sanding Equipment: The Contractor shall have two(2)sanders available with the primary sander having a minimum eight(8)yard capacity;the secondary sander may have a minimum of (2 1/2) yard capacity. The Contractor shall furnish sanding equipment suitable for spreading Dl, rock chips, sand and or salt on roadways and parking lots. https://share.kodiakak.us/clerks/Shared Documents/06202013 REGULAR MEETING/13.A.2 Contract No.1/Y2013-34 SAI Road Maintenance Contract.doe Page 3 of 7 6. LABOR RATES The Contractor shall furnish necessary additional labor, not included in equipment rental rates, at the rate specified in the Bid Schedule for straight time including fringe benefits. Premium rates for overtime will be paid for work performed under this contract above eight (8) hours per day and forty(40)hours per week. This overtime rate will be an incremental amount to be applied on top of the straight hourly rate included in the Bid Schedule. The State of Alaska Department of Labor defines the following types of work for public construction projects as being subject to payment of the prevailing wage rates per AS 36.05.010 and AS 36.05.030: 01) Hauling new fill or materials to site 02) Hauling used fill or material to an area located away from the road or group of streets upon which work was currently being performed. Fill or material will be used on a road in the new area 03) Hauling discarded fill or material to a dump 04) Grading and/or compacting on a road surface which has new or used fill deposited from either a supplier, excavated ditches,roads located some distance away from the road or group of streets currently being worked on 05) Installation of manholes 06) Installation of new or used culverts 07) Filling potholes 08) Making a new road where there was no road 09) Digging a new ditch where no ditch existed previously 10) Removing old blacktop; replacing with new material 11) Installing of cross culverts 12) Installing storm drains The listed work is subject to the provisions of the State of Alaska Department of Labor, Laborer's Mechanics Minimum Rates or Pay. (See Appendix D) 7. BILLING DEADLINE The Contractor shall submit to the Borough at the end of each month invoices for the services and materials supplied during that month. Invoices for that month will not be paid if not received by the Borough within thirty(30) calendar days from the end of the month in which the work was performed or materials were supplied. The Contractor shall prepare and submit a "Daily Work Report and Road Work Log" with signed time sheets for each employee's day during periods when authorized work is in progress. Copies of all the forms are attached as Appendix B with exception of the time sheets that will be provided by the Contractor. ht tps://share.kodiakak.us/clerks/Shared Documents/06202013 REGULAR MEETING/13.A.2 Contract No.FY2013-34 SAI Road Maintenance Contract.doc Page 4 of 7 8. INSURANCE AND INDEMNIFICATION A. Indemnification: To the fullest extent permitted by law,Contractor agrees to defend,pay on behalf of, indemnify and hold harmless the Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Borough against any and all claims,demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Borough, its elected and appointed officials,employees and volunteers and others working on behalf of the Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this Contract. B. Insurance: The Contractor shall not commence work until the Contractor has obtained all the insurance required under this Contract and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on its subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect it from claims under Workers' Compensation Acts and other employee benefit acts for damages because of bodily injury,including death,to its employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Contract whether such operations be by itself or by any subcontractor or anyone directly or indirectly employed by either of them. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at its own expense and maintain in force at all times during the term of this Contract, the following policies of insurance. Failure to maintain insurance may, at the option of the Borough Manager, be grounds for default and the Borough Manager may terminate this Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits,the Borough shall be entitled to coverage to the extent of such higher limits. Contractor is responsible for all deductibles. As a condition of award, certificates of insurance,with endorsements,must be furnished to the Borough Engineering and Facilities Department. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non-renewal or a material change in the policy. Proof of insurance is required of the following: 1. Workers' Compensation Insurance. The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by applicable state law (AS 23.30.045) for all employees to be engaged in work at the site of the project under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than $1,000,000 per person, $1,000,000 per occurrence. https://share.kodiakak.us/clerks/Shared Documents/06202013 REGULAR MEETING/13.A.2 Contract No.FY2013-34 SAI Road Maintenance Contract.doe Page 5 of 7 2. Comprehensive(Commercial)General Liability Insurance with coverage limits not less than two million($2,000,000)dollars per occurrence and annual aggregates where generally applicable and will include premise operations, independent Contractors, products/completed operations, broad form property damage, blanket contractual and personal injury endorsements. 3. Comprehensive Automobile Liability Insurance covering all owned, hired, and non-owned vehicles and with coverage limits not less than $1,000,000 per person, $1,000,000 per occurrence bodily injury, and $1,000,000 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and their board members, employees and volunteers.The Additional Insured shall be named on the Contractor's coverage for Commercial General and vehicle liability. 9. TECHNICAL SPECIFICATIONS Work under this contract shall be performed in accordance with State of Alaska Standard Specifications for Highway Construction, dated 2004 and Title 16.80 of the Kodiak Island Borough Code, which describes the Borough's Road Standards. 10. CONTRACTOR'S REPRESENTATIONS AND COVENANTS A. The Contractor covenants and agrees that all work shall be done to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of such Federal agency. B. The Contractor further covenants and agrees to(i)perform all work and labor in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents; (ii) abide by and perform all stipulations, covenants,and agreements specified in the Contract Documents,all of which are by reference hereby made a part of this Contract. C. The Contractor hereby agrees to receive the prices set forth in the Bid Schedules as full compensation for furnishing all materials and labor which may be required in the prosecution and completion of the whole work to be done under this Contract. D. Contractor is an independent contractor, and is not an employee or agent of the Borough. hnps://share.kodiakak.us/clerks/Shared Documents/06202013 REGULAR MEETING/13.A.2 Contract No.FY2013-34 SAI Road Maintenance Contract.doc Page 6 of 7 ENTERED INTO AND EFFECTIVE the day and year first above written. KODIAK ISLAND BOROUGH [CONTRACTOR] By By Charles L. Cassidy Printed Name: Borough Manager Title: RECOMMENDED: By Walle W. Koning Engineering/Facilities Director ATTEST: By Nova M. Javier, MMC Borough Clerk https://share.kodiakak.us/clerks/Shared Documents/06202013 REGULAR MEETING/13.A.2 Contract No.FY2013-34 SAI Road Maintenance Coniract.doe Page 7 of 7 Company Maintenance Rate Repair Rate Total Golden Alaska $275,375 $723,750 $999,125 Brechan $217,220 $599,803 $817,023 B&R Fish $289,450 $485,125 $774,575 Aim Maintenance $188,000 $449,975 $637,975 FY13/14 Service area 1 Bid Tabulation is Maintenance and Repair rates combined. Company Total Golden Alaska $999,125 Brechan $817,023 B&R Fish $774,575 Aim Maintenance $637,975 Bid Schedule FY2013-2015 MAINTENANCE RATES LABOR AND EOUIPMENT TO BE USED ON PROJECT Type of Labor or Equipment Description, Rental Presently (includes all fuel and one operator) Age,& and/or Owned Condition of Labor Or Rented Equipment Rate/Hour (circle one) 155<HP GRADER ,QTy/ vu/tic 14' Blade .,p_(,^(51 1t its =✓ 0/(RD Prize/4yr 0/R 156>HP GRADER 14' Blade 200.' Uoo„, ate/ ,$`//,rS-f'v—/ 0160 0/R 8-10 CY SANDER ,,W0 nfPee,tt<t>7rn,,,E Woo ;ay?, 6ur/ei!-)#/7S °z2 R & 7cn4,gazi Co�n.Se.r c/ .20/ rre/rar O/R >2 'A-5 CY SANDER ?Pe./ 6xcc//rat .2 110 V lino(_ W9 3soo Axcy//.•„r j SS'`— ✓ (62/R Ii u y r/S cSi.�•tx�r-. 0/R 10-12 CY END DUMP I DUMP WITH TILT DECK U „// 877 Teen ,t eih sh J'/sn= ✓ (0)R ?40-% '/-52.a / t-h,1 7& J 7-1/r13,,a c 0/R 10-12 CY END DUMP WITH PUP F_Xct,//en/o-- /9'99 got(u),.-a i1 i4.1/V9? 64'GYrq✓c- 340c20 ,4./ / rjti ,4'/,51 ' I (0 R CAAncrry 026 rcws• TRACTOR AND SIDE DUMP / r ,. .... b �/ii a4t/e c?Se. I l /S-0 j l Y R I FRONT END LOADER 1 %z-4 % CY 95z F s-,c ai r U 9/j/ I /97x I /.��-� A,I' R PICKUP WITH LABORER zc /4,,.,r ,,-24)(1j/ a-I ?sin yxy 454,5 ' (0)l R O/R LOWBOY TRAILER `ooci /9frL /• 1/;r _ I l;��i*r I (YR I 63+HP BACKHOE .-f.ac, ,2o/ t SS'(1 i /yam 0 Y:\EF\Service Area Service Area Nl\Contracts\Connacts\Road Maintenance Contract FY2013-15\Bid Schedule Maintenance Rates FY2013-2015(2).doc Page 1 of 3 Bid Schedule FY2013-2015 MAINTENANCE RATES LABOR AND EOUIPMENT TO BE USED ON PROJECT DD 90/110 DOUBLE DRUM STEEL ROLLER 6c)ead 1 N fr��r� �1 ,✓t/ AD 90 ,2000 / ; s �a`J R ICE THAWING EQUIP(STEAM GENERATING) ,a("e31 -Aloys y 11;c6-cm CS R WATER TRUCK 1000+GAL p2MC> xivinotn hcrrn,.s;,1 17e,/}0" •?•COO i.YCi//e✓a- 47/& 1-71 Q R VIBRATORY DRUM COMPACTOR(SPECIFY TYPE)60" -84" CY0J/la ic4 s9,a In Ut/,to vtkr 89'' ISO/O i45/451) � O�R 75>HP DOZER /99 Jti 00 e/F / 91! jI/ /.2/X ca R RIP CAT 340>HP(90,000 LB) O/R RIP CAT 340<HP c-o,r d � /97V 6-8W I /92✓ !4'�2sn- I ("J R POWER BROOM rkRQEfcN 7tsc0 9 4S1/ • A'id .c7-eer [I.>/,g/i< w 2- '7 /s/7 I (Y R EXCAVATORS no-c( • )Irc-,S Sye iL;gu-, � y TRACK HOE 6TON(APPROX)RUBBER TRACK 12pe�j 14/16-,02- (6)/R TRACK HOE 12 TON(APPROX) STEEL TRACK Slicel(eoi �oJo Ko-nAl rsu 10/0 /95 )4 OR TRACK HOE 20 TON(APPROX)STEEL TRACK EY el1..°+- nto 4, (Y 3 21) C o06 It 21.0 b)/R LABORER RATE • fcr I'1'latU Fl-.,rrL I g(1 =" ✓ �OJR O/R Y:\EF\Service Area\Service Area 01\Contracts\Contracts\Road Maintenance Contract FY2013-15\3id Schedule Maintenance Rates FY2013-2015(2).doc Page 2 of 3 Bid Schedule FY2013-2015 MAINTENANCE RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT MISCELLANEOUS EQUIP O/R O/R O/R O/R OVERTIME RATES: The Proposer agrees togrovide labor and/or operated equipment at a rate including the above straight hourly rates plus an incremental $ per hour for work performed above eight(8)hours per day and forty (40)hours per week for work performed under this contract. MATERIALS(includes overhead) $per Ton 3"Minus per 2012 City Spec section 204.2 Third Party testing to be provided D-1 per 2012 City Spec section 205 Third Party testing to be provided // A"-3/8"Rock Chips :25t ✓ Sand I, (Proposer: Please attach additional pages if necessary) The Proposer hereby agrees to furnish other materials not listed above when requested by the Borough Manager or designee in accordance with the project specifications at cost plus /6 7,, percent(%)profit. Y:\EF\Service Area Service Area#1\Contracts Contracts\Road Maintenance Contract FY2013-15\Bid Schedule Maintenance Rates FY2013-2015(2).doc Page 3 of 3 Bid Schedule FY2013-2015 REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates apply Type of Labor or Equipment Description, Rental and/or Presently Owned (includes all fuel and one operator) Age,& Labor Rate/Hour Or Rented Condition of (circle one) Equipment 155<HP GRADER 14' Blade„2GOj t1a{t 2c aVA/' , k-Je svice-llrgir S assn° / OCO .ZLCr( O/R 156>HP GRADER 14' Blade hat A 4ee b t✓ciee e £XCe/e✓7 //S1-5-6c / ti�J " zrr( O/R 8-10 CY SANDER i2�C1 -Five-efrtktrrtee j >40zi CC. .�(et✓K .0 / 6/R ?!Ho T4c,r,Ltr )/ crude-✓ Mc-y 0/R 2 '/2-5 CY SANDER C-0 vi r' e-e-1 e— ze,Sid-at d i/R Cy 7116 ?;SZ90 LAN ru`Ler# Suer O/R 10-12 CY END DUMP/DUMP WITH TILT DECK aCef6. /9FrK. w/za'Y 7.124/A-1.7 i4.2./.. "7/e- C O/R 10-12 CY END DUMP WITH PUP �X'e;r l Ar.4- ) �t zt 5tau tu//p9Y J arht 6-“L ke -1 7�Y 7 .dy /S'Y'=`' ✓ Cl R O/R O/R TRACTOR AND SIDE DUMP FX'CEll-eA v- � /99Er H7' r�Ar 1F w-^- w/ 012 Sm.• eo 2ax/e I �/57� ( i R S?t4 dv+t,tA Ceyd ete wy 27 Tows FRONT END LOADER I ''A-4 ''A CY /`1~%U & - 9v f Stries y(2)4 fiy( /E.G= ✓ (0)R O/R PICKUP WITH LABORER Eyre 1/vnit trc-c/ (-Me .?S-00 9W 7thoi ,ice. ✓ 1YR O/R LOWBOY TRAILER CeLe/ f lid /r/,t 3a..,(/L I !`FY/ J > rz 0/R Y:\EF\Service Area&Service Area 1/1\Contracts\Contracts\Road Maintenance Contract FY2013-15\Bid Schedule Repair Rates FY2013-2015.docx Page I of 4 • Bid Schedule FY2013-2015 REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates apply 63+HP BACKHOE €`iCef1.20✓>- 4Z2-O,h Sto masse, .e,^' 47'/5 010 O/R DD 90/110 DOUBLE DRUM STEEL ROLLER Kam / trt y cvl 4A Yo .galenv 111/ ."° 6)/R ICE THAWING EQUIP(STEAM GENERATING) sI �p, 141-1 S.3-n✓ C R O/R WATER TRUCK 1000+GAL FXCi=�%42- ; r i 6 aa-/ l s^<,« J 6 R 3,0CC JZW4 VIBRATORY DRUM COMPACTOR(SPECIFY TYPE) // 60"-84" 7€)te-4a i 2O)O ligho e.j 93/11/,04)4.4. �„/P) ' / C01/R O/R 75>HP DOZER)J /c0/7e.c y- J l,4 :To AnJ vr Li /ff. €19 R O/R O/R RIP CAT 340> HP(90,000 LB) O/R POWER BROOM FXde,/reoh- /4-OV sred cna&re twit ai,., ,boo ? /5a= d R RIP CAT 340<HP 6-ad 11'?” ar J _ra /7 9 e 2$"o`— I 0/R Czs-) LABORER RATE fte `110 J /adb rl.) ✓ o/R O/R Y:\EF\Service Area\Service Area#1\Contracts\Contracts\Road Maintenance Contract FY2013-I5\Bid Schedule Repair Rates FY2013-2015.docx Page 2 of 4 • Bid Schedule FY2013-2015 REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates apply EXCAVATORS .2 ko,ryr `II )( ;00-r / TRACK HOE 6TON(APPROX)RUBBER TRACK rw 1Ieur f js ✓ I TRACK HOE 12 TON(APPROX)STEEL TRACK 2t-10 Kommrs[,! t,r /7 zr /ys' — R TRACK HOE 20 TON(APPROX)STEEL TRACK .006 ,2m1,, ,Mr 2.2ac Z5ete!/c,.er „2S0-0°— ✓ R MISCELLANEOUS EQUIPMENT OIR O/R O/R O/R O/R O/R O/R O/R O/R O/R OVERTIME RATES: The Proposer agrees to provide labor and/or operated equipment at a rate including the above straight hourly rates plus an incremental $ ,;2S per hour for work performed above eight(8) hours per day and forty(40)hours per week for work performed under this contract. MATERIALS(includes overhead) $per Ton 3"Minus per 2012 City Spec section 204.2 Third Party s� p ty p arty testing to be provided � 8 D-1 per 2012 City Spec section 205 Third Party testing to be provided '-' '✓ '/."-3/8"Rock Chips i �5 Sand ,f a; (Proposer: Please attach additional pages if necessary) The Proposer hereby agrees to furnish other materials not listed above when requested by the Borough Manager in accordance with the project specification at cost plus /O % percent(%)profit. The Proposer understands that the Owner reserves the right to reject any or all proposals and to waive any informalities. Upon receipt of written Notice of Award, the formal Agreement between Owner and Contractor will be executed within ten(10)days. Y:\EF\Service Area\Service Area 4l\Cauracts\Contracts\ioad Maintenance Contract FY20 13-151Bid Schedule Repair Rates FY2013-2015.docx Page 3 of 4 Bid Schedule FY2013-2015 REPAIR RATES LABOR AND EQUIPMENT TO BE USED ON PROJECT AS 36.05.010 and AS 36.05.030 rates anal)/ Respectfully Submitted: R92 ATS4 .ay keripe ~s r v e By: ,Sre. t /.4„,fzz.r (Seal, if proposal is Title: Me„..us(.a- made by a Corporation) Date: ,S-/7/j Business Address: i'/ ,TAtee Sfrsn-rs ALAN& }�rY/tnpt� p¢trC�r lr Telephone: rce -N /?k Alaska Contractor's License Number: �s9�o Expires: /2 - 3/- 2C /`/ Alaska Business License Number: TO 02 S7/ Expires: Dec_ ,?/ - �alY Y:\EFiService Area\Service Area#1\Contracts\Contracts\Road Maintenance Contract FY2013-15\Bid Schedule Repair Rates FY2013.2015.docx Page 4 of 4 KODIAK ISLAND BOROUGH PROPOSAL / of NAME OF CONTRACTOR Al-k. FSh 4Q/ 4�r'aYS /,fr ADDRESS gfl/ e_,e LcPn r eYrtc.h 1.47 99Ci;i' To the Borough Manager of the Kodiak Island Borough: The Undersigned proposes to furnish all labor and equipment required in the Road Maintenance and Repairs, Snow Removal and Sanding for Service Area #1 located within Kodiak Island Borough, Alaska, according to the contract documents therefore and for the amount and prices named herein as indicated on the Bid Schedule herein contained which is made a part of this Proposal. The Undersigned declares the only person or parties interested in the proposal as principals are those named herein; and the proposal is made without collusion with any person, firm or corporation; that he has carefully examined the General Specifications; and that he has made a personal examination of the site of the work and that he is to furnish all labor and equipment specified in the manner and the time prescribed. The Undersigned hereby agrees to execute all documents required within 10 days or such further time as may be allowed in writing by the Borough Manager after receiving written notification of the Intent to Award,and it is hereby mutually understood and agreed that in case we do not,the said Borough Manager may proceed to award the contract to others. Written notice of Intent to Award will be mailed, or otherwise furnished, within ten (10) calendar days after opening of bids. We hereby agree to commence the work within ten(10)days after receipt of the Notice to Proceed, or such further time as may be allowed in writing by the Borough Manager and to be completed in accordance with the final completion deadline of contract expiration 30 June 2015. The Undersigned proposes to guarantee all work performed under the Drawings, Specifications,and Contract, and repair and maintain the same until the date of acceptance by the Borough Manager and one year thereafter or until the expiration of such other guarantees as may be provided by the Contract Documents. The Undersigned acknowledges receipt of the following addenda to the drawings and/or specifications(Give number and date each. If not received,write in the word "NONE"). ADDENDA DATE ISSUED ADDENDA DATE ISSUED Sat r1'� ? -' /AV AC .21)/3 -m4y :/3n, Z 3 Signature: %Alm f Date: Nit/ / ' ,,267,? Y:\EF\Service ArealService Area#1\Contracts\Contracts\Road Maintenance Contract FY2013-15\Proposal FY2013-FY2015.doc Page 1 of 1 CORPORATE ACKNOWLEDGEMENT (To be filled in when Documents are executed in behalf of a Corporation) UNITED STATES OF AMERICA) )ss: STATE OF ALASKA ) �rTheefforeggooing instrument was acknowledged before me this/I?day of ' ci�, 2013 by e 744C0-11---- �/1�:;---.40� (Name of Officer) (Title of Officer) of £ie---k fr ivenipers Ave ,Corporation, on behalf of said Corporation. (Name of Corporation) 0000 011% OI B. de �. 5 � No Public $ °�I' m t �� pUb%\0) `� My Commission Expires 6 61261201 6 i. re:-......... `t- •� '',tie go a soo Y:\EFtService Area\Service Area#1\Contracts 1 Contracts\Road Maintenance Contract FY2013-151Corporate Acknowledgement FY2012-2013.doc Page 1 of l No. 25900 Effective: 11/190012 STATE OF ALASKA Expires: 12/31/2014 DEPARTMENT OF COMMERCE,COMMUNITY 8 ECONOMIC DEVELOPMENT Division of Corporations, Business and Professional Licensing P.O. Box 110806,Juneau,Alaska 99811-0806 Certifies that & R ASH %Y PRO/IUCTS INC Is A Registered General Contractor without Residential Contractor Endorsement Commissioner: Susan K. Bell • • I � I Alaska Business License# 402571 • Alaska Department of Commerce,Community, and Economic Development Division of Corporations, Business and Professional Licensing P.O. Box 110806, Juneau,Alaska 99811-0806 This is to certify that B & R FISH BY PRODUCTS INC 2231 THREE SISTERS WAY KODIAK AK 99615 owned by B & R FISH BY PRODUCTS INC is licensed by the department to conduct business for the period October 02, 2012 through December 31, 2014 for the following line of business: 23-Construction • • OF Tp This license shall not be taken as permission to do business in the state without • 4'r E - .Y ' ' ` S� having complied with the other requirements of the laws of the State or of the United States. ♦ J',� This license must be posted in a conspicuous place at the business location. • r a PO It is not transferable or assignable. Ci '; ` ,e°•'-- "P' Susan K.Bell Commissioner pFrl7e s"- a Jam•{ -a 4 RECEVED -735• Pm MAY 17 2013 e5\(i KODIAK ISLAND BOROUGH 710 MIII Bay Rd Kodiak AK 99815 f-coolrottc: /rugs) at-war-1,-LX A N. /L ,,ta l Tin -7,7/ y r2 ?Fe/ti- ger vIr. a c7 * t erol 138 F. Contracts for street improvements involving donated services and materials when the 139 assembly has determined not to create an assessment district and has approved a 140 project. The following steps shall be taken before a proposed contract is submitted to 141 the assembly for approval: 142 1. An applicant shall first submit to the engineering and facilities department director 143 a proposal that fully complies with Chapters 4,45, 16.70, and 16.80 KIBC along 144 with a cost estimate that reasonably describes the value of the-services and 145 materials included in the proposal as well as the procedure for addressing any 146 change orders; 147 2. After the engineering and facilities department director accepts the proposal, the 148 applicant shall submit to the borough finance director proof of ability to comply with 149 Chapter 3.65 KIBC; and 150 3, The proposal shall be referred to the applicable road service area board for review 151 and recommendation to the assembly; 152 4. After the borough finance director approves the proposed bonding and a 153 recommendation has been received from any reviewing service area board, the 154 assembly shall hold a public hearing with notice to affected property owners as 155 follows: 156 a. Publication in a newspaper of general circulation in the borough at least once a . 157 week for two consecutive weeks prior to the public hearing; 158 b. Mailing at least 15 days before the public hearing to all record owners of 159 property with frontage on the street to be improved. 'Record owners" means 160 the person or persons listed as the owner of the property on the current 161 property tax records of the assessor. The notice shall be mailed to the record 162 owner at the address stated in the assessor's tax records; and 163 c. Every notice of a public hearing required by this section shall state the date, 164 time, location, and purpose of the public hearing and shall describe the 165 improvement. The notice shall also state that, if the assembly approves the 166 proposal, no assessment district will be formed and the borough will not 167 participate in the allocation or collection of costs among the respective property 168 owners. 169 5. After the public hearing, the assembly may approve the project, with or without 170 additional conditions. If the assembly approves the project, it shall authorize the 171 manager to execute the contract. 172 173 3.30.080 Lowest responsible bidder. 174 In determining the lowest responsible bidder, the assembly shall may consider: 175 A. The bid price; 176 B. The ability, capacity and skill of the bidder to perform the contract within the time 177 specified; 178 C. The character, integrity, reputation,judgment, and experience of the bidder; and • 179 D. The quality of performance of previous contracts; and Kodiak Island Borough, Alaska Ordinance No. FY2013-11 Page 4 of 7 180 E. If more than one bidder is determined to be responsible using the factors 181 described in A, B, and C, then the responsible bidder with the lowest bid price 182 will be considered to be the lowest responsible bidder. 183 184 3.30.090 Requirements mandatory. 185 Except as provided in KIBC 3.30.110, a purchase, contract, or sale involving 186 expenditure of borough funds or other assets in excess of $25,000 subject to the 187 provisions of this chapter shall not be valid, enforceable or binding upon the borough 188 unless the established requirements have been satisfied and the contract, purchase, or 189 sale approved by the assembly. 190 191 3.30.100 Change orders —Manager authority. 192 The manager, or designee, is authorized, without assembly approval, to enter into change 193 orders with respect to borough ss+stctisfea projects where the amount of additional 194 expenditure occasioned by the change order or orders does not, in the aggregate, exceed 195 I.W449 the total amount appropriated for the project, including any eV* 196 designated project contingency. The manager, or designee, shall report monthly to the 197 assembly the nature and amount of such change orders .:_ _ 198 .rexssetls{$ig-0k,74 o' r „F,_ 199 -� ,:-rt g s nt`o( w r r , 201 202 ,t fc. - t 203 I Rig Project approval should include a budget for the project that includeds an 204 appropriation of contingency funds, The manager may authorize change orders up 205 I to the appropriated amount if for that project. Change orders of up to 5% in excess 206 of the appropriated project amount, and not exceeding $200,000 for a particular 207 contract, require approval by: 208 A. The mayor and deputy presiding officer; 209 B. The mayor and one assembly member in the absence of the deputy presiding officer 210 C. The deputy presiding officer and one assembly member in the absence of the mayor; 211 or 212 D. Any two assembly members in the absence of the mayor and deputy presiding officer 213 214 I Such approval may be by signature or electronic signature. A change order in 215 excess of $200,000 for a contract or more than 5% in excess of the appropriated 216 I project amount requires assembly approval. 217 218 3.30.105 Circumvention of bidding requirements prohibited. 219 No person shall subdivide an acquisition of supplies, materials, equipment, or services 220 into more than one purchase order, contract, or change order if the acquisition of said 221 items or services would normally, reasonably, and customarily be conducted under a 222 single purchase order, contract, or change order, and if the subdivision has the effect of 223 avoiding or circumventing the competitive bidding requirements, or the limitations on the Kodiak Island Borough, Alaska Ordinance No. FY2013-11 Page 5 of 7 ?`Af fi ' KODIAK ISLAND BOROUGH AGENDA STATEMENT ^G-1 - REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2013-33 Appointing the Kodiak Island Borough Attorney. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013-33, Contract No. FY2010-40 APPROVAL FOR AGENDA: SUMMARY STATEMENT: This resolution is in compliance with KIBC 2.65.020 which states that the assembly shall appoint the attorney by resolution. The current contract with Wohlforth, Johnson, Brecht, Cartledge & Brooking law firm expires June 30, 2013 with the renewal options for up to three additional one-year extensions at the Borough Assembly's option. The Borough went out for RFPs and interviewed Wohlforth, Brecht, Cartledge, & Brooking law firm and Levesque Law Group, LLC on June 13, 2013. Between the two firms interviewed, was selected by the Assembly to become the legal counsel and to be recognized as the Borough Attorney. This resolution also authorizes the manager to execute a contract with the approved respondent. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013-33. Kodiak Island Borough Page 1 of 1 1 2 Introduced by: Borough Manager 3 Requested by: Mayor and Assembly Drafted by: Borough Clerk 4 Introduced on: 06/20/2013 5 Adopted on: 6 7 8 KODIAK ISLAND BOROUGH 9 RESOLUTION NO. FY 2013-33 10 11 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 12 APPOINTING THE KODIAK ISLAND BOROUGH ATTORNEY 13 14 WHEREAS, KIBC 2.65.020 states that the Assembly shall appoint the borough attorney 15 by resolution; and 16 17 WHEREAS, after soliciting request for proposals, the Assembly interviewed the following 18 firms: Wohlforth, Brecht, Cartledge, & Brooking; and Levesque Law Group, LLC; and 19 20 WHEREAS, after an executive session on June 20, 2013, the Assembly directed staff to 21 start the negotiation process with 22 23 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 24 ISLAND BOROUGH THAT: 25 26 Section 1: This resolution herewith names as 27 borough attorney. 28 29 Section 2: This resolution authorizes the borough manager to execute a contract with 30 / N 31 ( / \ \ 32 ADOPTEDBY,THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 33 THIS, 1 1 DAY OF JUNE, 2013 34 35 KODIAK ISLAND BOROUGH 36 37 38 39 40 ATTEST: Jerome M. Selby, Borough Mayor 41 42 43 44 45 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2013-33 Page 1 of 1 Contract#FY2010-40 Contract for Professional Legal Services In consideration of the mutual promises herein, the KODIAK ISLAND BOROUGH and the law offices of WOHLFORTH, JOHNSON, BRECHT, CARTLEDGE & BROOKING (firm) agree as follows: A. Part I, consisting of 14 sections of Special Provisions; B. Part II, consisting of 11 sections of General Provisions. Part I Special Provisions Section 1. Definitions. In this contract: A. "Manager" means the Manager of the Kodiak Island Borough. B. "Borough" means the Kodiak Island Borough. C. "Assembly" means the Kodiak Island Borough Assembly. Section 2. Scope of Services. A. The Borough Attorney shall act as legal advisor to the Borough Assembly, administration, and other officials of the Borough to include without limitation the following: (1) To duly advise the Assembly, administration, and other officials at meetings of the Assembly and at other functions as may be designated; (2) To draft opinion letters regarding, among other subjects, the interpretation of the Borough codes, state and federal laws, and policies; (3) To draft municipal ordinances involving all municipal matters; (4) To review and provide opinions on codes, contracts, resolutions, and other written instructions which are submitted to the attorney by the Borough; (5) To call attention of the Assembly and/or Manager, as may be appropriate, to or of changes or developments in legal matters that affect the Borough; and (6) To perform other such duties as may be prescribed for the Borough Attorney by ordinance or by direction of the Assembly and/or Manager. Contract for Professional Legal Services Wohlforth,Johnson,Brecht,Cartledge&Brooking Page I of 10 B. The Borough Attorney shall represent the Borough as attorney in civil and criminal proceedings affecting the Borough; however, the Borough Assembly may hire independent counsel when in its judgment independent counsel is needed. The attorney will represent the Borough in litigation involving prosecution of municipal code violation when needed. Firms must be qualified to represent the Borough in all State of Alaska Courts, U.S. District Court, and before the Ninth Circuit Court of Appeals. C. The Borough Attorney must work effectively with the Borough Assembly, administration, boards and commissions, and also with other public agencies with which the Borough has legal relations. D. The Borough Attorney must be experienced and proficient in legal matters affecting the Borough, to include without limitation, federal and state constitutional law, federal and state non-constitutional law, Alaska Statute 29, and Borough Code. E. All representation of the Borough shall continue until the matters or cases assigned are either closed out by mutual consent or are recalled by the Borough Assembly. F. The firm shall not engage any consultant, expert, or service without the prior approval of the Manager or Assembly. G. The firm shall: (1) Provide the Borough with copies of any significant pleading and/or correspondence prior to filing/sending them. (2) Obtain the Borough Manager's approval of all expenses exceeding $2,000. Section 3. Access to Municipal Personnel. The Manager shall secure the cooperation of the Borough personnel as necessary to assist the firm's performance hereunder. Section 4. Contract Administrator. The Borough shall: A. Receive all information and notices the firm is required to communicate to the Borough pursuant to this agreement. B. The Manager shall administer the contract on behalf of the Borough. Section 5. Term. A. For purposes of case assignments, this contract becomes effective on July 1, 2010, when signed on behalf of the Borough, and shall continue for three years from date executed. The contract may be renewed for up to three additional one-year extensions at the Borough Assembly's option. Contract for Professional Legal services Wohlfonh,Johnson,Brecht,Cartledge&Brooking Page 2 of 10 B. For purpose of assigned case completion this contract may be extended upon mutual consent. Section 6. Compensation. A. The firm shall be compensated at the hourly rates enumerated in Attachment "A". The attorney's fee schedule is to remain fixed for the first three years of the contract with three, one-year extensions at the Assembly's option. If the Assembly opts to extend the contract, the fee schedule may be negotiated. The firm will also be reimbursed for other appropriate costs incurred to perform under this contract. B. The firm shall be entitled to no compensation under this contract beyond the scope of the Borough's express obligations under subsection A. The Borough understands that instances may arise that require additional services. During these times the firm will give the Assembly an estimate of services requested and will return to the Assembly prior to exceeding the estimate. C. As a condition of payment, the firm shall have paid all municipal taxes currently due and owing by the firm. Section 7. Payment and Reporting. A. The firm shall submit itemized monthly billings to the Borough Manager for payment of all fees and costs for which the firm seeks reimbursement under Section 6. Said monthly billings shall identify the subject of the work performed and the time, to the nearest one-tenth of an hour, spent on each subject. Costs shall be itemized and described separately on each monthly invoice. B. Upon approved billing, payment will be remitted to the firm within 30 days. Section 8. Termination of the Firm's Services. The firm's services under Section 2 may be terminated: A. For convenience by the Borough Assembly. B. By mutual consent of the parties. C. For cause, by either party where the other party fails in any material way to perform its obligations under this contract. Termination under this subsection is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to cure the default within fifteen days after receiving the notice. Section 9. Duties Upon Termination. A. If the firm's services are terminated for the convenience of the Borough or by mutual consent of the parties, the firm will be paid as provided for under Section 6. Total compensation will not exceed the amount stated in Section 6. All finished Contract for Professional Legal Services Wohlforth,Johnson,Brecht,Cartledge&Brooking Page 3 of 10 and unfinished documents, work product, and materials prepared by the firm remain the property of the Borough. B. If the firm's services are terminated for cause, the Borough shall pay the firm the reasonable value of the services satisfactorily rendered prior to termination, less any damages suffered by the Borough because of the firm's failure to perform satisfactorily. The reasonable value of the services rendered shall not exceed the contract rate for such services, and payment under this section shall not exceed ninety percent of the total compensation allowable under Section 6. Any finished or unfinished documents, work product, or materials prepared by the firm under this contract shall become the property of the Borough. C. The firm shall not be entitled to any compensation under this section until the firm has delivered to the Borough Manager all documents, records, work product, and materials relating to this contract. D. If the firm's services are terminated, for whatever reason, the firm shall not claim any compensation, under this contract, other than that allowed under this section. E. Except as provided in this section, termination of the firm's services under Section 8 does not affect any other right or obligation of a party under this contract. Section 10. Case Management. A. Execution of the contract by the Borough shall act as full authority for the firm to proceed with the representation of the Borough as provided hereunder. B. The Borough will have complete and total access to all material, information and files worked on by the firm pursuant to this contract. C. Copies of all legal opinions shall be provided to the Borough Clerk's office. Section 11. Assignments. Unless otherwise allowed by the Manager or as directed by the Borough Assembly, any assignment by the firm of its interest in any part of this contract or any delegation of duties under this contract shall be void, and any attempt by the firm to assign any part of its interest or delegate duties under this contract shall give the Borough the right to immediately terminate this contract without any liability for work performed. Section 12. Ownership; Publication,Reproduction and Use of Material. A. The firm agrees to discuss matters and reveal documents relating to this contract only with the Borough Assembly, Manager, Borough Clerk, or any person authorized by the aforementioned, and as required by court order. B. Except as otherwise provided herein, all data, documents, work product, research, reports, and materials produced by the firm under this contract shall be the property of the Borough, which shall retain exclusive right to publish, disclose, Contract for Professional Legal Services Wohlforth,Johnson,Brecht,Cartledge&Brooking Page 0 of 10 distribute, copy, and otherwise use, in whole or in part, any such data, documents, research, reports, or other materials. Section 13. Notices. Any notice required pertaining to the subject matter of this contract shall be either personally delivered, faxed, or mailed by prepaid first class registered or certified mail, return receipt requested to the following address: Borough: Kodiak Island Borough Attention: Manager's Office 710 Mill Bay Road Kodiak, AK 99615 FAX: (907) 486-9374 Firm: Wohlforth, Johnson, Brecht Cartledge & Brooking Attention: Cheryl Brooking 900 West Fifth Avenue, Suite 600 Anchorage, AK 99501 FAX: (907) 276-5093 Section 14. Conflict of Interest. The firm may not represent or assist private or public clients in connection with other claims, litigation, or other legal matters where such representation would constitute or appear to constitute a conflict of interest. In particular, the firm shall comply with all relevant provisions of the Alaska Bar Rules and the Alaska Rules of Professional Conduct concerning the prohibition of conflicts of interest among clients. The firm shall not accept any employment and shall not render any professional services to other parties if such action might be inconsistent with the above-referenced standards unless the prior approval of the Assembly has been first obtained. Part II General Contract Provisions Section 1. Relationship of Parties. The firm shall perform its obligations hereunder as an independent firm of the Borough. The Borough may administer the contract and monitor the firm's compliance with its obligations hereunder. Section 2. Nondiscrimination. A. The firm will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, age, sex, or marital Contract for Professional Legal Services Wohlforth,Johnson,Brecht,Cartledge&Brooking Page 5 of 10 status, or mental or physical disability. The firm will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, or mental or physical disability. Such action shall include, without limitation, employment, upgrading, demotion, or transfer, recruitment or recruiting advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The firm agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The firm shall state, in all solicitations or advertisements for employees to work on contact jobs, that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, age, sex, or marital status, or mental or physical disability. C. The firm shall comply with any and all reporting requirements that may apply to it which the Kodiak Island Borough may establish. D. The firm shall include the provisions of subsections A through C of this section in every subcontract or purchase order under this contract, so as to be binding upon every such independent counsel or firm of the firm under this contract. Section 3. Permits, Laws and Taxes. The firm shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to its performance under this contract. All actions taken by the firm under this contract shall comply with all applicable law to include without limitation, statutes, ordinances, rules, and regulations. Section 4. Nonwaiver. The failure of either party at any time to enforce a provision of this contract shall in no way constitute a waiver of the provision, nor in any way effect the validity of this contract or any part hereof, or the right of such party thereafter to enforce each and every provision hereof. Section 5. Amendment. A. This contract may be amended, modified, or changed only in writing as approved by the Borough Assembly and executed by the Borough Manager and an authorized representative of the firm. B. For the purpose of any amendment, modification, or change to the terms and conditions of this contract, the only authorized representatives of the parties are: (I) Kodiak Island Borough Manager (2) Cheryl Brooking C. Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. Contract for Professional Legal Services Wohlfonh,Johnson,Brecht,Cartledge&Brooking Page 6 of 10 Section 6. Jurisdiction; Choice of Law. Any civil action rising from this contract shall be brought in the Superior Court for the Third Judicial District of the State of Alaska, at Kodiak. The laws of the State of Alaska shall govern the rights and obligations of the parties under this contract. Section 7. Severability. Any provision of this contract decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of the contract. Section 8. Integration. This instrument and Attachment A hereto embody the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this contract shall supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. Section 9. Insurance and Indemnification. A. The firm shall maintain in good standing the insurance described in Subsection B of this section. Before rendering any services under this contract, the firm shall furnish the Borough Manager with proof of insurance in accordance with Subsection B of this section. B. The firm shall provide the following types of insurance. The Kodiak Island Borough shall be insured as additional insured on all insurance policies except Professional Liability and Worker's Compensation policies. All policies shall have a thirty day notice of cancellation clause. (I) Workers'Compensation $100,000 Employer's Liability and Workers' Compensation as required by Alaska State Workers' Compensation Statues. (2) Commercial Automobile Liability Bodily Injury and Property Damage, including all owned, hired and non-owned automobiles. $1,000,000 Each Occurrence and Aggregate $1,000,000 (3) Professional Liability Agree to provide lawyer's professional liability insurance for all periods under the contract and provide an extended reporting period endorsement after the end of the contract for three years. Without request by the Borough, the firm shall provide proof of such insurance during the contract period and proof of such endorsement after the end of the contract. The firms' carrier must agree to notify the Borough thirty days before cancellation of insurance or of the extended reporting period endorsement. The insurance shall provide coverage for claims up to a minimum amount of$1,000,000 per claim. Contract for Professional Legal Services Wohlfonh,Johnson,Brecht,Cartledge&Brooking Page 7 of 10 C. To the fullest extent permitted by law the firm agrees to defend indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits, or losses including costs and attorney fees, and appellate attorney's fees, incurred in defense thereof arising out of or in any way connected or associated with this contract. Section 10. Inspection and Retention of Records. The firm shall at any time during normal business hours and as often as the Manager or Assembly may deem necessary, make available to the Borough for examination all records with respect to all matters covered by this contract for a period ending three years after the date of the firm is to complete performance in accordance with Section 2 of the Special Provisions. Upon request, and within a reasonable time, the firm shall submit such other information and reports relating to its activities under this contract to the Borough in such a form and at such times as the Borough Assembly may reasonably require. The firm shall permit the Borough Assembly or their designee to audit, examine, and make copies of such records, and to make audits of all research, materials, pleadings, records of personnel, and other data relating to all matters covered by this contract. The Borough may, at its option, permit the firm to submit its records to the Borough in lieu of the retention requirements of this section. Section 11. Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its perform t..ND e IN WITNESS WHEREOF, the parties have executed this contract: Q �� O�0 r; :1 KOD ISLAND BOROU H Y " "' •-•:;), Rick Gifford,Borough ag• Date 'ISKA 'ri A A ST: . < Nova Javier,MMC,Borough Cler/ WI L •RTH, JO �00N, :`ECHT, CARTLEDGE & BROOKING — - a Name: Ch/ I Brooking Title: Vice President Date: o kt-u,L.Q 3 0 /O IRS Ta 1Vo. 92-0046684 Contract for Professional Legal Services Wohlforth,Johnson,Brecht,Cartledge&Brooking Page 8 of 10 State of Alaska ) ) ss: Third Judicial District ) SUBSCRIBED and SWORN TO before me this PIZ day of June, 2010.n tez, %. Notary Public . and for Alask My Commission Expires: / 3 .20/3 OFFICIAL SEAL STATE OF ALASKA NOTARY PUBLIC i SHIRLEY N. //Rt_�IC Comm. expires:..0 i2..P S • Contract for Professional Legal Services Wohl forth,Johnson,Brecht,Cartledge&Brooking Page 9 of 10 Attachment "A" Fee Schedule 1. Hourly costs. The firm will charge the following hourly rates for legal services: Attorneys $200 per hour Attorneys with less than five years experience $175 per hour Paralegals $ 95 per hour In addition to the above hourly fees, other charges (e.g. copies and telephone)will be billed to the client at actual cost. 2. Travel costs. The firm will charge the following rates for the cost of traveling between the firm's Anchorage office and the Kodiak Island Borough offices, located at 710 Mill Bay Road, Kodiak, Alaska. 2.1 Cost per hour for travel. Generally, the cost per hour for travel time is the same hourly rate charged for legal services. However, the firm will not charge any fees for travel time for up to four meetings in Kodiak, per year. Thereafter, the fee will be one-half of our normal hourly rate for travel time for each roundtrip. All costs (airfare and expenses) will be charged at actual cost. 2.2 Travel time. We estimate that travel time between Anchorage and Kodiak will be approximately two (2) hours each way. Contract for Professional Legal Services Wohlfonh,Johnson,Brecht,Cartledge&Brooking Page 10 of 10 ° KODIAK ISLAND BOROUGH tr°10 AGENDA STATEMENT REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 13.B.2 TITLE: Resolution No. FY2014-02 Reestablishing the Fees for the Kodiak Island Borough. ORIGINATOR: Finance Staff FISCAL IMPACT: ❑ Yes $ or❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2014-02 and Fee Schedule APPROVAL FOR AGENDA / SUMMARY STATEMENT: KIBC 3.10.190 ordains that all Kodiak Island Borough fees be reviewed on an annual basis. The last fee resolution was updated December 2012. These fee changes are more inline with the budgetary needs for the 2014 fiscal year. RECOMMENDED MOTION: Move to adopt Resolution No. FY2014-02. Kodiak Island Borough Page 1 of 1 Interest 12%annualy Penalty 10%one fine dlarge Arranged by title section ANIMALS tfIBC B.W OTOI:TITLE 8 A Animal Control Offenses 1)Cruelty to Animals(KIBC 6 04010 At) a.1st offense mandatory court appearance b.2nd offense mandatory court appearance c.3rd offense mandatory court appearance 2)Contagious animals(KIBC 6.04020) a.let offense $55.00 b 2nd offense $82.50 c.3rd offense $110.00 3)Annoying animals(KIBC 6.04030) a.1st offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 4)Tethering(KIBC 6.04 040) a.let offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 5)Control of animals(KIBC 6.04050808 KIBC 6 04.180A) a.1st offense - $55.00 b.2nd offense $82.50 c.3rd offense $110.00 6)Vicious animals(KIBC 6.04050A) a.1st offense mandatory court appearance b.2nd offense mandatory court appearance c.3rd offense mandatory court appearance 7)Animal littering(KIBC 6.04.060) a.1st offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 8)Animal denangtion(KIBC 6.04070) a.1st offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 9)Tag and collar(KIBCfi 04.060) a.1st offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 Beaming Fees 1)Small animals(dogs,cats,etc)(per day) $5.00 2)Large animals(cows,horses,etc.)(per day) $50.00 c License Fees 1)Male dog(per year) $35.00 2)Female dog(per year) $35.00 3)Neuter and aayed dogs(per year) $10.00 4)Duplicate tag(each) $5.00 D.Miscellaneous Fees 1)Rabies•aconations deposit(partially refundable) $20.00 2)Adoption(includes neuter or spay,rabies shot,license) actual cost SOLID WASTE COLLECTION AND DISPOSAL RATES:TITLE B old •ste•is•osa f.- . . - r• ' Appliances AppliancesOther,residential no charge Refrigerators,residential no charge Asbestos disposal(Must be delivered in Tonwhance wpb applicable regulations) $200.00 ninimum,$20000/cy TPTRAAPTFA Batteries Lead add batteries-residential no charge Lead add batteries-commercial $600 per large,$3.00 per snail Lithium battenes $6.00 per large,$3 00 per snail Commercial garbage $2060 min,$4604408-00-$170 allton Uaneed from original amountsubmined Conslnrcaonldemolition debn$residental/commerrlallndestnal/instautenat.Any mixed construction loads that hate greater Than 10%metals will not be accepted $2000 con,is$n$1amn$l7000/ton Oanged from orienal arnount neb.mted Fishing gear-line&web only $450$44A,00$170.00/ton changed from original amount ubmtted Equipment usege to off load customer waste $75.00/hour,$75.00 minimum Garbage buck of Borough collection contractor $346$445'oo$170011ton Emceed from original amount submitted Garbage truck of United States Coast Guard contractor $140-$16699$170.00ton changed from original amount submitted Household Hazardous Waste-40 pound ling/month No charge Greater titan 40 pounds/month 51.00/b House trailers(measured per trailers longest dimendon) $25.0011r Inoneraton Doormen Incineration $1.50/1b,$15.00 minimum Incineration otanimals-aemationlupls 200 pounds),aeparatedin incinerator unit,but not allays the onlyanimal in the unit $200.00 Incineration of animals-euthanized $3 00th,$30 00 minimum Incineration ofinedicaltnfecaous waste-under 10 pound $26-90$50.00 minimum,$3.00.8b Incineration ofinedicalInfectous waste-10 pound and seer. $25 00+$a5° b a--er ap b$50.00•5300,10 over 10 lb Incineration ofregulated vessel waste $65.00 a-5200%over 10 lb Landfilling of regulated vessel waste $60rtea-$166-98$170A0/on Changed from original amount ubmitted Metals $275 00/ton(137db) SOLID WASTE COLLECTION AND DISPOSAL HATES:TITLE a Oil Used oil-commercial $3 00/gal 3 Used oil-residential-5 gallons/month no charge Greater flan 5 gallons/month $1.50/gal Residential garbage from a passenger autormbile or pickup truck,up to 500 lbs no charge Residential garbage501 tsar-greateh $4,50.00mt44509$170.00Ibn changed from original amount suberried Sludge disposal 512f00lten$4 65:09$170 00/bn changed hers ooe,nal amount submated Tires-commercial $32.00 min,$150004/e-$48490$170.Ibkon Osanged from ariaieal amount ubmnred Uncovered loads-Additional Charge $35.00 Use of scale to obtain a certified weight $15.00 per Icket Vehicles $475.00 per vehicle NOTES: e Govemmentalcustomers may be served bya pnvate company by direct negotiation for service. Fees will be set billed and collected by that company. Commercial and residential solid waste materials collected by the United States Coast Guard,or its represenbhve,fordisposa at the Kodak island Borough;anal will be charged atthe tine of disposal aribe rate established in his fee schedule. The Kodiak Island Borough will invoice the United States Coast Guard for all orany portion of those tees charged,as agreed upon bythe parties.Fees associated with other waste disposal option will be charged based on the applicable fee represented in this schedule. c Dumping commercial waste in residentialdurrpsters or other business's dumpsters without written permission will result in a 1300.00 fine for the first offense anda$1,00000 the for the second and subsequent offenses. o Dumping metals,used of bilge wafer,epoxy paint or other hazardous waste items in a commercial orrestdental dumpster will result in a $300.00 The for the first offense and a$16000.00 fine for the second and subsequent offenses. Companies conducing commercial,industrial and institutional demolilon projects need to separate heir wage into metal end non-metal loads. Mined loads Wit not be accepted at the landfill. E Metals received at the lanodll in the Porn of tanks or cables mnsf be prepared in an acceptable manner.Tanks must be drained of all fluids and wiped dean.Tanks under500 gallons must have an 18'square hole cut infoif and wiped dean.Tanks over 500 gallons rust have one end cut off and weed dean.Tanks 1,000 gallonsand greater must contact EngineedngFadlify staff to discuss acceptable ortenia.Fishing wble must be cut into 3'lengths.Other petal items must be cut into pieces no greater than IT tong,7'wide and 5'high.They must be separated from non-metal material(eg.,machinery with hoses or electrical components). G Non-profit organizations will be allowed tee disposal of self-hauled household residential waste of up to 1,000lbshveek.Disposal of large items (e.g.,boats,trailers,congnucton/demolifon debris and petals)will be charged at the same rate as shown in this fee schedue. N Commercial establishments,and%or shall quantiygenemkns,who generate hanndous waste must contact an envimnmentalcompanyfo properly dispose oftheir waste. 0 Bulky household item such as,but not limited to,furnishings,lawn mowers and appliances left next to or disposed of within residential dumpsters will result in a$30000 fine for the first offense and a 11000.00 fine for the second end subsequent offenses. Definitions: Resdenbal wage-Waste generated tom your home(ter example,household garbage bulky items such as Iumishings and grassiawn dippings).It excludes consbucbontlemolition waste. Commercial waste-Institutional and indusbal organizations or contactors and businesses conducting work for compensafionaN/or barter. Regulatedvessel waste-Waste from vessels that have been inspected by U.S.Customs&Bander Pratdion Orrice must be transported by a compliance holderb the landlll and maybe landfiled Waste from vessels that have not been inspected must be Comported bya compliance holder and nest be incinerated. BUILDING PERMIT FEES:TITLE 15 value=up to 5500.00 $15.00 value=$500 01-$2,000.00 51500 1r the first$500 plus$2.00 for each additional$100.00 odraction thereof,to and Including$2,000.00 value=$2,000.01-$25000 00 $45.00 ter the first 52.000.00plus$9.00 for each additional 51,000.00or fraction thereof,to and including$25,000.00 value=525,00001-$50,000.00 $252.00 for the first$25,000 00 plus$5.50 for each addilonal 51.000.00 or fraction thereof,to and includirg 550000.00 value=$50,000.01-4100,000 00 $414.50 ter the first$50.000.00 plus$4.50 for each addlonal$1000.00 or fraction thereof,to and including$100,000 00 value=5100,00001 to$500,000.00 $039 50 ter the first 5100,000.00 plus$3.50 for each addilonal$1,000.00 or fraction thereof,to and Indudirg$500,000.00 value=$500,00001 to 51,000,000.00 $2,039.50 for the frost$500,000.00 plus$3 00 for each addilonal$1,000.00 or fraction thereof,to and includirg 51,000,000.00 value=51,000,00001 and up $3,539.50 ter the first 51000,000 00 plus$200 for each additional$1010000 or fraction thereof. ELECTRIC PERMIT FEES:TITLE 15 The following schedule ollees shaft apply to all electrical work for which a permit is require( For new construction of electrical work family and duplexes: For temporary work service permit $30.00 For residential single family-new $70.00 For duplex-new $100.00 For additional wiring,remodeling Residential Ony 530.00 All other electrical work For issuance of parrot $35.00 For each f turelduplesoulletkndkidual switch/emergency light $1.25 For elednc heat perk.w.installed 51.00 For each power oulet $2.00 For electrical service to 200 amps $20 00 For electrical service over200 amps $30 00 1 Introduced by: Borough Manager 2 Requested by: Finance Director 3 Drafted by: Finance Director Introduced on: 06/20/2013 4 Amended on: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2014-02 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 11 REESTABLISHING THE FEES OF THE KODIAK ISLAND BOROUGH 12 13 WHEREAS, prudent financial management dictates that an organization review its fees on 14 an annual basis; and 15 16 WHEREAS, Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on an 17 annual basis; and 18 19 WHEREAS, it is recognized that if a service or program benefits only a select individual or 20 group of individuals, those individuals or group of individuals should pay for the service; and; 21 and 22 23 WHEREAS, staff has compiled a list of all current fees; and 24 25 WHEREAS, staff has recommended changes to the current fee schedule for fiscal year 26 2014 as shown on the attached exhibit. 27 28 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 29 ISLAND BOROUGH: 30 31 Section 1: The attached exhibit of schedule of fees become effective July 1, 2013. 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS OF JUNE, 2013 35 36 KODIAK ISLAND BOROUGH 37 38 39 40 ATTEST: Jerome M. Selby, Borough Mayor 41 42 43 44 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2014-02 Page 1 of 1 %.11 KODIAK ISLAND BCROUGH FEE SCHEDULE Effective Januaerlaluly 1,2013 Interest 12%annudy Penally 10%one'me Marge Arranged by title section ANIMALS(NIEL 6.0451s):TITLE 6 A Animal Control Offenses 1)Cruelty to Animals(KIBC 6.04010 A-D) a.1st offense mandatory court appearance b.2nd offense mandatory court appearance c.3rd offense mandatory court appearance 2)Contagious animals(KIBC 6.04020) a.1st offense $55.00 D.2nd offense $82.50 c.3rd offense $110.00 3)Annoying animals(KIBC 6.04030) a 1st offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 4)Tethenrg(KIBC 6.04040) a.1st offense $27.50 b.2nd offense 555.00 c.3rd offense $82.50 5)Control of animals(KIBC 6.04050B0&KIBC 6.04180A) a.1st offense $55.00 b.2nd offense $82.50 c.3rd offense $110.00 6)Vidous animals(KIBC 6 04 050A) a.1st offense mandatory court appearance b.2nd offense mandatory court appearance c.3rd offense mandatory court appearance 7)Animal littering(KIBC6.04 060) a.1st offense $27.50 b.2nd offense $5500 c.3rd offense $82.50 8)Animal identification(KIBC 6 04 070) a.1st offense $27.50 b 2nd offense $5500 c.3rd offense $82.50 9)Tag and collar(KIBC604.080) a 1st offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 B.Boar6rg Fees 1)Small animals(dogs,cats,etc.)(per day) $5.00 2)Large animals(cows,horses,etc)(Per day) $50.00 c License Fees 1)Male dog(per year) $35 00 2)Female dig(per year) $35.00 3)Neuter and mayed dogs(per year) $1000 4)Duplicate tag(each) $5.00 D Miscellaneous Fees 1)Rates vaccinations deposit(partially refundable) $20.00 2)Adoption(includes neuter or spay,rabies shot,license) actual cost SOLID WASTE COLLECTION AND DISPOSAL RATES:TITLE a Solid Waste Psoosal fees at the landfill site: Appliances AppliancesOther,residental no dlarge Refrigerators,residential no charge Asbestos disposal(Must he delivered in compliance well applicable regulations) $200.00 mnimum,$200.001ryminircum Battens Lead acid battenes-residential no dlarge Lead acid battenes-commercial $6.00 per large,$3.00 per small Lithium batteries $6.00 perlarge,$3 00 per stall Commercial garbage $20.00 min,lit"li6500$17000/ton Changed fine original amount submitted Construction/demolition debnareside nravicemmerdaPindustnasinsuatonag.Any mixed can/ruction loads that hate greater ban 10%metals will not be accepted $20.00 min,$150-$465470$17000ton Changed from original amount submitted Fishing gear-line B web only $460$166A0$17000'ton Changed from original amount submitted Equipment usage to off load customer waste $75.O0lhour,$75 00 minimum Garbage truck of Borough collection contractor 14601466AP$170.009on Ganged from original amount submitted Garbage truck of United States Coast Guard contractor $46O$16500$170.00'ton Ganged from odginal amount submitted Household Hazardous Waste-40 pound lint/month No charge Greater than 40 pounds/month $1.00/16 House trailers(measured per trailers longest dimension) $25.00tl1 IndneratOn Document Indneration $1.5046,$15.00 minimum Incineration of animals-cremation(up to 200 pounds)separatedrn incinerator unit,but not allays the only animal in the unit $200.00 Indneration of animals-euthanised $4,40A6546A0-mwmum$3.00Ab,$30.00 minimum Incineration ofinedicalAnfeclious waste-under 10 pound $25-00$50.00 minimum,$3.0040 Inoneration ofinedicalAnfectious waste-10 pound and orer. $2400--$46"R4ewec4014$50.00•$300Ab over 101b Incineration of regulated vessel waste $65.00 t-$200gb over tO lb Landfilling o fregsdated vessel waste $ teen^ $18. m$170.00/bn Changed from original amount submitted Metals $275.00/Ion(.137Ab) SOLID WASTE COLLECTION AND DISPOSAL RATES:TITLE OII Used oil-commercial $3.00/gal 3 For earn area loodlght,let light $20.00 For each additional loodlght $5.00 For generator per k.w.output $1.00 For transformers 5 k.v a.or above $5.043 For motor connections,15 hp and above $20.00 For transfer switches-manual 55 Oo For transfer switches-automatic $10.00 For electrical signs $20 00 For trailer courts(each space) $50 00 Each additional(same permit) $10.00 For temporary services $5.00 For enPronmental control devices per outletktnit $1.25 The following schedule of fees shall appy to all electrical work for which a plan review is required $0.00-$500.00 $35.00 $501.00-$1000.00 $60.00 $1,001.00-$2,000 00 $100.00 $2001.00-$3,000 00 $150.00 $3,001.00-$4,00000 $200.00 $4,001.00-$6,000.00 $250.00 $6,001.00-up $300.00 When extra inspections are made necessary by reason 01 detective work,or otherwise mrougn fault or error on the part of the holder of the permit or on tie pan of the permit holder's ofiaal setting both tie violaton,only one suds extra inspecton shall be made under the regular fees as herein prescribed. For each further extra inspection for which the holderof the permit or employee is entirely responsible,fees shall be charged as follows. First inspection $40.00 Second inspection $50.00 Each additional inspection $60 00 The building depadnent shall allow for correction of such work,a maximum of ten working days following the data of inspection Electic permits after work has started 2 x the published amount GR401NG PERMn FEES:TITLE 15 50 cubic yards $23.50 51 b 100 cy. $37.00 101 b 1,000 cy. $37.00 for 1st 100 cv+$1750 for ea additional 100 cy 1,001 b 10,000 cy. $194.50 for 1st 1,000 cy+$14.50 for ea additional 1,000 oy 10,001 b 100,000 cy. $325.00 br 1st 10,000 ry+$6600 for ea additional 10,000 ay 100,001 cy.or more $919.00 for 1st 100,000 cy+$36.50 for ea add 10,000 cy NOTES: The fee for a grading permitauthonang addilonal work fo That under a valid permit shall be the difference between The feespai torthe original permifard the fee shown far the entire project. OTHER FEES:TITLE 11 Additional plan reviewrequired by changes,additions or revision b approved plans(112 hr min) $50 00/hr Appeals and Exceptions05.44) $350.00 Building Demolition Fee $40 00 Driveway permit fee(15.26)(no fee when included wrbldg permit) $25.00 Inspections for which no fee is specifically indicated $4000/hr Inspections outside of normal business hours(per hour,2 hr min) $70.00 Reinspedion fees assessed under provisions of section 305 g $40.00hr ROW permit for dnveway access $100.00 FLUMBINo PERMR FEES:TITLE 15 Additional plumbing,remodeling Residential Ono $30.00 Single taint/and duplexes. New duplex $100.00 New residential single family $70.10 Plus the blloMne addibonalcharoe5 for each plumbing fixture $7.00 for each gas outlet $5.00 for each water heater Shot water baler(per 1.000 btu) $0.20 for automatic sprinkler systems(per heart $1.50 for plumbing alteration work(per outlet) $7.00 All other plumbing work $3500 Plumbing Permits after work has started 2 x the published amount NOTES: I.Valuations fordeterminatien of permit fees will be based oncontract prices or,in the absence of acontact price,the Binding Valuation Data as published,bylC B.O.Bulling Standards IL Plan review fees(residential norke gireered)will be 50%of the building permit fee,and plan re14ew tees(residential engineered) will be 20%of the building pelmdfee 111 Plan reviewlees(commercial)we be 65%of the building genre fee 5 Ji.� } ,fir •-i✓: 11: KODIAK ISLAND BOROUGH FEE SCHEDULE Effective January 1, 2204'QJuly 1, 2013 Aphabetical Section ADMINISTRATIVE SERVICE FEES: Administrative Service Fees 3%of entity's budget Federal&State Grants Per grant agreement Amount of Grant x Percent Up to$100,000.00 x 3% Up to$3,000.00 $100,00001 to$500,000.00 x 2.5% $2,500 00-$12,500 00 $500,000.01 to$1,000,000.00 x 2% $10,000 00-$20,000.00 $1,000,000.01 and up x 1.5% $15,000.00 and up BAYSIDE FIRE STATION COMMUNITY TRAINING CENTER Copy of Fire Reports $25.00 One-half of Training Center,per haft day(1-6 hrs,max 49 people $15.00 One-half of Training Center,per day(6-10 hrs,max 49 people $25.00 Full Training Center,per half day(1-6 hrs,max 100 people $30.1X1 Full Training Center,per day(6-10 hrs,max 100 people $50.00 Refundable Cleaning Deposit $50.00 Notes: Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted may apply for a waiver of Training Center use fees BOROUGH CODE OF ORDINANCES Borough Code,Complete $200.00 Supplement Service(Annual Fee; $75.00 Title 15,complete $7.50 First 20 pages free,5025 thereafter Title 16,complete first 20 pages free, $0.25 thereafter Title 17,complete first 20 pages free, $0.25 thereafter BOROUGH RECORDS 2007 Comprehensive Plan(bound copy; $100.00 Audio Recording CO $5.00 Audio Recording(sent by email' no charge Certified copies(does not include copy charges $5.00 Copy,scan any single file to CD or DVD,per disk,This includes any large scale maps $5.00 Copies,per page first 20 pages free, $0.25 thereafter Comprehensive plans,paper $25.00 Research Service,records recovery(4 hr mvumwa also see listed✓1 Mapping and First5 hrs free/$40.00 per hr Reseaw"-Sagyces thereafter,AerserweFSest-per KIBC 2.40.040 Research Service, data analysis(4-hr minimum)also see listed in Mapping and Fee set at$40.00 per hr,Personnel Researcp_Sewises cast per KIBC 2.4004460 GENERAL SERVICES Copies,per page,general public $0.25 Copies,per page,government and non-profits $0.05 Electronically Reproduced Records first 20 pages free, $0.25 thereafter Interest on miscellaneous account: 12%annually N wiTransfecLiquoFlieense $ nrinpapaNSederewaw New/Transfer Liquor License $1.00 per notice mailed Non-filing or late filing fee for special taxes(Severance and Bed $50 per filing NSF Check Fee $25.00 Research Service,records recovery-(4-hr-rninimum) First 5 hours freel$4o.00 per hr thereafter,KIBC 2.40.040 Research Service,data analysis(4Arawgmuml $60004r-Fee set at$40.00 per hr, KIBC 2.40.000 Wire Transfer Fee $25.00 Notes: KIBC 2.40.060 authorizes the selling of fees for compilation or creation or records(data analysis).The arbitrary amount of $40 per hour is an average of Clerk's Office staff hourly wage and benefits.KIBC 2.40.040 notes that we cannot exceed the actual salary and benefit cost for personnel time KODIAK FISHERIES RESEARCH CENTER Main Lobby(upstairs/down-fee includes large conference room) $250.00 Refundable cleaning deposit,main lobb $300 00 Large Conference Room $50.00 Refundable cleaning deposit,large conference roon $50 00 Small Conference Room $40.00 Refundable cleaning deposit,small conference icon $30.00 NOTE: Non-profit organizations and public safety agencies who do not charge a fee for the activity being conducted may apply for a waiver of KFRC fees. REPRODUCTION AND MAPPING COSTS: GIS services.(1/4 hr minimum) $60.00/Hr PRINTS/COPIES Bond $1.00 sq ft Semi Gloss $2.00 sq ft Mylar $3.00 sq ft 8.5 X 11 inch first 20 pages free, $0.25 thereafter 11 X 17 inch first 10 pages free, $0.50 thereafter 2 NOTE: No copying or commercial use,except for reference SPECIAL ASSESSMENT AND PROPERTY TAX FEES Foreclosure/Attorney Fee actual cost Publication Fee actual cost Interest 12%annually Penally 10%one time charge Arranged by title section ANIMALS(RISC 6.01070(:TITLE 6 A Animal Control Offenses 1)Cruelty to Animals(KIBC 6.04.010 A-D; a.1st offense mandatory court appearance b.2nd offense mandatory court appearance c.3rd offense mandatory court appearance 2)Contagious animals(KIBC 6.04.020: a.1st offense $55.00 b.2nd offense $82.50 c.3rd offense $110.00 3)Annoying animals(KIBC 6.04.030: a.1st offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 4)Tethering(KIBC 6.04.040; a.1st offense $27.50 b.2nd offense $55.00 C.3rd offense $82 50 5)Control of animals(KIBC 6 04 050BD 8 KIBC 6.04.180A: a.1st offense $55.00 b.2nd offense $82.50 c 3rd offense $110.00 6)Vicious animals(KIBC 6.04.050A) a.1st offense mandatory court appearance b.2nd offense mandatory court appearance c.3rd offense mandatory court appearance 7)Animal littering(KIBC 6.04.060) a.1st offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 8)Animal identification(KIBC 6.04.070) a.1st offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 9)Tag and collar(KIBC 6.04.080) a.1st offense $27.50 b.2nd offense $55.00 c.3rd offense $82.50 B.Boarding Fees 1)Small animals(dogs,cats,etc.)(per day, $5.00 2)Large animals(cows,horses,etc.)(per day $50.00 C License Fees 1)Male dog(per year $35.00 2)Female dog(per year) $35.00 3)Neuter and spayed dogs(per yea( $10.00 4)Duplicate tag(each) $5.00 D.Miscellaneous Fees 1)Rabies vaccinations deposit(partially refundable) $20.00 2)Adoption(includes neuter or spay,rabies shot,license actual cost SoUD WASTE COLLECTION AND DISPOSAL RATES:PRE e Solid Waste Disposal fees at the landfill site Appliances Appliances Other,residential no charge Refrigerators,residential no charge $200.00 minimum,$200.00/cy Asbestos disposal(Must be delivered in compliance with applicable regulations) mr+mum Batteries Lead acid batteries-residential no charge Lead acid batteries-commercial $6 00 per large,$3.00 per small Lithium batteries $6 00 per large,$3.00 per small Commercial garbage $20 00 min,81-50-$165.00/ton Construction/demolition debriyresidendal/commercial/mdustriaansdwnonap.Any mixed construction loads that have greater than 10%metals will not be accepted. $2000 min,$15011en$165 00/ton Fishing gear-line 8 web only 8150$165.00/ton Equipment usage to off load customer waste $75.00/hour,$75.00 minimum Garbage truck of borough collection contractor 8150$165.00/ton Garbage truck of United States Coast Guard contractor $150$165. 0/ton Household Hazardous Waste-40 pound limit/month No charge Greater than 40 pounds/month $1.00/lb House trailers(measured per trailer's longest dimension) $25.00/f Incineration 3 Document Incineration $1.50/1b,$15.00 minimum Incineration of animals-cremation(up to 200 pounds),separated in incinerator unit,but not always the only animal in the unit. $200.00 Incineration of animals-euthanized 5'.'uo',$'s nn"."-".m $3.00/1b, $30.00 minimum Incineration of medical/infectious waste-under 10 pounds $2500$50.00 minimum,$300/IL Incineration of medical/infectious waste-10 pound and over. $2590-+$1-a0(14"n' 1°-'$50.00+ $3.00/1b over 10 lb Incineration of regulated vessel waste $65.00 r$2.00/1b over 10 lb Landfllirg of regulated vessel waste $TSg"e^ $165.00/ton Metals $275.00/ton(.137/Ib) SOLID WASTE COLLECTION AND DISPOSAL RATES:TITLE 8 Oil Used oil-commercial $3.00/gal Used oil-residential-5 gallons/month no charge Greater than 5 gallons/month $150/gal Residential garbage from a passenger automobile or pickup truck,up to 500 lb no charge Residential garbage 501 lbs or greater $15090.4en$165.00/ton Sludge disposal $125404e-$165.00/ton Tires-commercial $32.00 min, a"n.^9^D^ $165.00/ton Uncovered loads-Additional Charge $35.00 Use of scale to obtain a certified weight $1500 per ticket Vehicles $475.00 per vehicle NOTES: A Governmental customers may be served by a private company by direct negotiation for service. Fees will be set,billed and collected by that company. a Commercial and residential solid waste materials collected by the United States Coast Guard,or its representative,for disposal at the Kodiak Island Borough landfill will be charged at the time of disposal at the rate established in this fee schedule. The Kodiak Island Borough will invoice the United States Coast Guard for all or any portion of those fees charged,as agreed upon by the parties.Fees associated with other waste disposal options will be charged based on the applicable fee represented in this schedule. o Dumping commercial waste in residential dumpsters or other business's dumpsters without written permission will result in a$300.00 fine for the first offense and a 81,000.00 fine for the second and subsequent offenses. o Dumping metals,used oil,bilge water,epoxy paint or other hazardous waste items in a commercial or residential dumpster will result in a $300.00 fine for the first offense and a 81,000.00 fine for the second and subsequent offenses. if Companies conducting commercial,industrial and institutional demolition projects need to separate their waste into metal and non-metal loads. Mixed loads will not be accepted at the landfill E Metals received at the landfill in the form of tanks or cables must be prepared in an acceptable manner Tanks must be drained of all fluids and wiped clean.Tanks under 500 gallons must have an 16"square hole cut into it and wiped clean.Tanks over 500 gallons must have one end cut off and wiped clean.Tanks 1,000 gallons and greater must contact Engineering/Facility staff to discuss acceptable criteria.Fishing cable must be cut into 3'lengths.Other metal items must be cut into pieces no greater than 17'long,7'wide and 5'high.They must be separated from non-metal material(e.g.,machinery with hoses or electrical components). o Non-profit organizations will be allowed free disposal of self-hauled household residential waste of up to 1,000 lbs/week.Disposal of large items (e g.,boats,trailers,construction/demolition debris and metals)will be charged at the same rate as shown in this fee schedule. H Commercial establishments,and/or small quantity generators,who generate hazardous waste must contact an environmental company to properly dispose of their waste. I Bulky household items such as,but not limited to,furnishings,lawn mowers and appliances left next to or disposed of within residential dumpsters will result in a$300.00 fine for the first offense and a 81,000 00 fine for the second and subsequent offenses. Definitions: Residential waste-Waste generated from your home(for example,household garbage,bulky items such as furnishings and grass/lawn clippings).It excludes constructiorVdemolition waste. Commercial waste-Institutional and industrial organizations or contractors and businesses conducting work for compensation and/or barter Regulated vessel waste-Waste from vessels that have been inspected by U.S.Customs 8 Border Protection Office must be transported by a compliance holder to the landfill and may be landfilled.Waste from vessels that have not been inspected must be transported by e compliance holder and must be incinerated BUILDING PERMIT FEES:1171E 15 value=up to$500.00 $15.00 value=$500.01-$2,000.00 $15 00 for the first$500 plus$2.00 for each additional$100.00 or fraction thereof,to and including$2,000.00 value=$2,000.01-$25,000.00 $45 00 for the first$2,000.00 plus $9.00 for each additional$1000 00 or fraction thereof,to and including $25,000 00 value=$25,000.01-$50,000.00 $252.00 for the first$25,000.00 plus $6.50 for each additional$1000.00 or traction thereof,to and including $50,000.00 value=$50,000.01-4100,000 00 $414.50 for the first$50,000.00 plus $4.50 for each additional$1,000.00 or fraction thereof,to and including $100,000 00 value=$100,00001 to$500,000 00 $639.50 for the first$100,000.00 plus $3.50 for each additional$1,000.00 or fraction thereof,to and including $500,000.00 value=$500,000 01 to$1000,000.00 $2,03950 for the first$500,000.00 plus$100 for each additional 81,000.00 or fraction thereof,to and including$1,000,000.00 value=$1,000000.01 and up $3,539.50 for the first$1,000,000.00 plus$2.00 for each additional $1,000 00 or fraction thereof. ELECTRIC PERMIT FEES:TITLE 15 The following schedule of fees shall apply to all electrical work for which a permit is required For new construction of electrical work: Single family and duplexes. For temporary work service permit $30.00 For residential single family-new $70.00 For duplex-new $100.00 For additional wiring,remodeling Residential Only $30.00 All other electrical work For issuance of permit $35 00 For each fixture/duplex outleV'individual switch/emergency light $1.25 For electric heat per k.w.installed $1.00 For each power outlet $2.00 For electrical service to 200 amps $20.00 For electrical service over 200 amps $30.00 For each area floodlight,1st light $20.00 For each additional floodlight $5.00 For generator per k.w output $1 00 For transformers 5 k.v.a.or above $5.00 For motor connections,15 hp and above $20.00 For transfer switches-manual $500 For transfer switches-automatic $10.00 For electrical signs $20.00 For trailer courts(each space) $50.00 Each additional(same permip $10.00 For temporary services $5.00 For environmental control devices per outlet/unit $1.25 The following schedule of fees shall apply to all electrical work for which a plan review is required: $0.00-$500.00 $35.00 $501.00-$1,000 00 $60.00 $1,001.00-$2,000.00 $100.00 $2,001.00-$3,000.00 $150.00 $3,001.00-$4,000 00 $200.00 $4,001.00-$6,000.00 $250.00 $6001.00-up $300.00 Wnen extra Inspections are made necessary by reason of detective work,or otherwise through fault or error on the part o the holder of the permit,or on the part of the permit holders official setting forth the violation,only one such extra inspection shall be made under the regular fees as herein prescribed. For each further extra inspection for which the holder of the permit or employee is entirely responsible,fees shall be charged as follows' First inspection $40.00 Second inspection $50.00 Each additional inspection $60.00 The building department shall allow for correction of such work,a maximum of ten working days following the date of Electric permits after work has started 2 x the published amoun GRADING PERMIT FEES:TITLE 15 50 cubic yards $23 50 51 to 100 c.y. $37.00 101 to 1,000 c.y. $37.00 for 1st 100 cy+$17.50 for ea additional 100 cy 1,001 to 10,000 c.y. $194.50 for 1st 1,000 cy+$14.50 for ea additional 1000 cy 10,001 to 100,000 c.y. $325.00 for 1st 10,000 cy+$66.00 for ea additional 10,000 cy 100,001 c y.or more $919.00 for 1st 100,000 cy+$36.50 for ea add 10,000 cy NOTES' The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fees paid for the anginal permit and the fee shown for entire project. OTHER FEES:TIME Is Additional plan review required by changes,additions or revision to approved plans (1/2 hr min) $50.00Ihr 5 Appeals and Exceptions(1544) $350.00 Building Demolition Fee $40.00 Driveway permit fee 05.26)(no fee when included wlbldg permit) $2500 Inspections for which no fee is specifically indicated $4000/hr Inspections outside of normal business hours(per hour,2 hr min) $70.00 Reinspection fees assessed under provisions of section 305 g $40.00/hr R.O.W permit for driveway access $101.00 PLUMBING PERMIT FEES:TIRE 15 Additional plumbing,remodeling Residential Only $3000 Single family and duplexes. New duplex $100.00 New residential single family $70 00 Plus the following additional charges' for each plumbing fixture $700 for each gas outlet $5.00 for each water heater 8 hot water boiler(per 1.000 btu) $0.20 for automatic sprinkler systems(per head) $1.50 for plumbing alteration work(per outlet) $7.00 All other plumbing work $35.00 Plumbing Permits after work has started 2 s the published amoun NOTES: I. Valuations for determination of permit fees will be based on contract prices OF in the absence of a contract price,the Building Valuation Data as published,by 1 C.B.O.Building Standards II.Plan review fees(residential non-engineered)will be 50%of building permit fee,and plan review fees(residential engineered)will be 20%of the building permit fee Ill.Plan review fees(commercial)will be 65%of the building permit fee SUBDIVISIONS IGENEMIIY MAC 16.10.0601:TIRE 16 Abbreviated/Aliquot Part Plats $300.00 Appeal to Assembly(16.90; $200.00 Appeal to Commission(16.100) $200.00 Appeal Record copy,per page $0.15 Review of PSZC Decision (16.90.010) $75.00 Vacations $350.00 Inspection Services-Genera Personnel ST $40.00/hr OT $56.00/hr DT $72.00/hr Vehicle Hours $1.70/nr Mileage $0.30/mi Administrative Fee 10% Inspection Services-Subdivision Road and Utility Improvement(per lineal ft Improvements for 1 to 12 lots $3.50/If Improvements for 13 tots and more $2.00/1f Materials Approval Services: First Submittal $200.00 Subsequent Reviews $60.00 Plan Review Services'. Additional Improvement Plan Reviews $100.00 Improvement Plan Review actual cost Initial and Final Pier $200.00 Site Grading Plan Review $250.00 Preliminary Plats Creating. 1 to 12 lots $350.00 13 to 50 lots $350.00+$20.00 for each additional lot over 12 Over 50 lots $1,110.00+$15.00 for each additional lot over 50 Waivers(16 10.050) $75.00 ZONING:TIME 17 After the fact Zoning Compliance Permits 2 x the published amoun Appeal to Board of Adjustment(17.225) $350.00 Appeal to Commission(17.220) 350.00 Appeal Record Copy,per page $0.15 Conditional Use Permit(17.200) $2`50.00 Other PSZ Screening Approval(e.g.17.1g.050 C) $150.00 Postponement at Petitioners request-Public Hearing Item $100.00 • 6 Postponement at Petitioner's request-Non-Public Hearing Item $25 00 Review of P&ZC Decision(17.215) $150.00 Variance(17.195) $250.00 Zoning Change(17 205): Less than 1 75 acres $350.00 1.76 to 5.00 acres $750.00 5.01 to 4000 acres $1000.00 4001 acres or more $1,500.00 ZONING:TULE 16 Zoning Compliance Permit(17.15.0601: Less than 1.75 acres $30.00 1.76 to 5.00 acres $60.00 5.01 to 40.00 acres $90.00 40.01 acres or more $120.00 BOROUGH REAL PROPERTY:TITLE 17 Land disposal application(18.20 060 A) $350.00 Land Use Permits,annually(18.50.010 C) $250.00 Material Sales(18.60),Royalty fee,per cubic yard(annually) $2.00 Wood Cutting Permits $25.00 • • 7 AGNEW : : BECK June 3,2013 Bud Cassidy Manager Kodiak Island Borough E-mail: Bud Cassidy cbcassidyykodiakakus> Dear Bud, Thank you for the request for services to help the borough refine and approve the three draft land use codes. This project builds on our earlier role in this code revision project, and also the burst of code-related work we are currently contracted to complete by the end of June,with the Project Advisory Committee. Our firm has worked on a range of projects in Kodiak.We have also worked on land use planning projects all over Alaska,including code development work in a number of communities. This combination gives us a solid understanding of what most Alaskans look for in a local land use code,that is: a balance between the expectations of many land owners to do whatever they want with their property,and at the same time,the public expectation that what individuals do with their land should be benign or even beneficial for neighbors and the larger community. Below are the tasks we propose to carry out to review, revise and ultimately approve the code. The task numbers begin at 4 because this work continues from the first 3 tasks we are currently completing with staff and the Project Advisory Committee. 4. Revise project summary +code; release for public review Make final minor internal revisions to the draft code based on staff, attorney and PAC input. If needed, revise the code revision project summary report.Circulate the revision summary report and the three revised codes to the public.Invite participation in the review and approval process. 5. Work session with the Planning and Zoning Commission(and Assembly) Help plan for and then facilitate a work session to review the draft code prior to P&ZC public hearings. Identify key issues. Refine the schedule and strategies for the planned approval process;set a target timeline for adoption,including a proposed schedule for hearings and worksessions, including a more detailed schedule for the code review and approval process. 6. Planning Commission public hearings Provide support to staff and PC during two public hearings. Assist the Planning Commission in documenting and as needed fleshing out proposed changes to draft code. Work as liaison with PAC 7. Planning Commission code approval with proposed amendments Working with staff, refine and clarify code amendments recommended by the Planning and Zoning Commission,for inclusion in package to go to the Assembly. 8. Prepare for Assembly hearings/Conduct Assembly work session Assist staff in finalizing a package to the Assembly with Planning and Zoning Commission recommendation to adopt the code with amendments.Assist staff to schedule Assembly public hearings. Distribute to the resources for community::441 West Fifth Avenue,Suite 202::Anchorage,Alaska 99501:: t 907.222.5424::f 907.222.5426::www.agnewheck.com public the list of Planning and Zoning Commission recommended code amendments and code revision project summary report. Hold a worksession with Assembly to review the summary report,P&7C recommended code amendments,and proposed schedule for adoption. Assist in introduction of proposed revised code at first Assembly Public Hearing. Work as liaison with PAC 9. Conduct Assembly Hearings,revise and adopt code based on Assembly review Provide support to staff and PC during two Assembly public hearings. Assist staff in process of incorporating agreed upon amendments into final, approved code. Attached to this letter is a proposed budget and schedule to complete this work The process of finalizing and approving land use codes is difficult to predict. I would characterize the schedule and budget shown as being plausible but optimistic. Among the assumptions driving this schedule are these: first, a reasonable amount of progress can occur during the summer,second,the Planning and Zoning Commission will take the necessary time outside of their regularly scheduled meetings to review the code,and from that review the Commission will be able to make a strong,confident recommendation for approval to the Assembly. Because of the uncertainty of the schedule- the process might go slower or faster-we propose to do this work on a time and materials basis not to exceed$38,335. We recognize the large investment of time,money and hard work that has already gone into this project. We look forward to working with the Borough to move towards approval as quickly and efficiently as possible, while at the same time recognizing the most important goal is getting the code right. Thank you for the chance to work with the borough. Please call or write if I can answer any questions. Sincerely, Oa & Chris Beck Principal resources for CO M m u n I ty::441 West Fifth Avenue,Suite 202::Anchorage,Alaska 99501::t 907.222.5424::f 907.222.5426::www.ugnewbeck.com • Residential Rates ' Residential Rates Disposal Rate Disposal Rate Increase= S 20.00 75%of Anc.CPI 1.67% 75%of Fuel PPI -0.19% Excess Tonnage $ 744.00 2013 rate Inflator Adjustment Amount 2014 rate 32 gallon Cart Service Collection&Admin $ 9.30 CPI $ 0.16 $ 9.45 Fuel $ 3.24 Fuel PPI $ (0.01) $ 3.24 Cart Rental $ 4.34 No Inflator $ - $ 4.34 Depreciation $ 1.57 No Inflator $ - $ 1.57 Disposal $ 9.74 KIR Actual $ 1.15 $ 10.89 "Total Rate Components $ 28.19 $ 1.29 $ 29.49 Margin(75%) $ 2.27 No Inflator $ 0.10 $ 2.37 Excess Tonnage Surcharge $ (0.01) $ 0.04 $ 0.04 Total Rate + Margin $ 30.46 $ 1.44 $ 31.90 4.7% increase 64 gallon Cart Service Collection&Admin $ 9.30 CPI $ 0.16 $ 9.45 Fuel $ 3.24 Fuel PPI $ (0.01) $ 3.24 . Cart Rental $ 4.34 No Inflator $ - $ 4.34 Depreciation $ 1.57 No Inflator $ - $ 1.57 Disposal $ 14.94 KIR Actual $ 1.76 $ 16.70 Total Rate Components S 33.39 $ 1.91 $ 35.30 Margin(75%) $ 2.27 No Inflator $ 0.14 $ 2.41 Excess Tonnage Surcharge $ (0.01) $ 0.04 $ 0.04 Total Rate+Margin $35.66 $ 2.09 $ 37.75 5.9% increase' 96 gallon Cart Service Collection&Admin $ 9.30 CPI $ 0.16 $ 9.45 Fuel $ 3.24 Fuel PPI $ (0.01) $ 3.24 Cart Rental $ 4.34 No Inflator $ - $ 4.34 Depreciation $ 1.57 No Inflator $ - $ 1.57 Disposal $ 19.16 Kill Actual $ 2.25 $ 21.41 Total Rate Components S 37.61 $ 2.40 $ 40.01 Margin(75%) $ 2.27 No Inflator $ 0.18 $ 2.45 Excess Tonnage Surcharge $ (0.01) $ 0.04 $ 0.04 Total Rate +Margin $ 39.88 $ 2.63 $ 42.51 6.6% increase Residential Dumpster Collection&Admin $ 9.30 CPI $ 0.16 $ 9.45 Fuel $ 3.24 Fuel PPI $ (0.01) $ 3.24 Cart Rental $ 4.34 No Inflator $ - $ 4.34 Depreciation $ 1.57 No Inflator $ - $ 1.57 Disposal $ 19.16 KIR Actual $ 2.25 $ 21.41 Total Rate Components $ 37.61 $ 2.40 $ 40.01 Margin(75%) $ 2.27 No Inflator $ 0.18 $ 2.45 Excess Tonnage Surcharge $ (0.01) $ 0.04 $ 0.04 Dumpster Clean-up fee $ 2.00 No Inflator $ 2.00 Total Rate + Margin $ 41.88 $ 2.63 $ 44.51 6.3% increase ¢* =„`' KODIAK ISLAND BOROUGH ”° -*°-1"4 AGENDA STATEMENT REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 13.B.3 TITLE: Resolution No. FY2014-03 Participation in the AMLJIA Loss Control Incentive Program. ORIGINATOR: Engineering and Facilities Director FISCAL IMPACT: ❑ Yes $ or Z No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2014-03 APPROVAL FOR AGENDA: SUMMARY STATEMENT: This resolution will authorize continued Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. The Borough has participated in the Loss Control program since 2006. Participation in this incentive program requires this resolution as well as monthly safety committee meetings, bi-annual facilities self inspections, and employee safety training. It is required that a resolution be adopted annually in order to be eligible for the discount of $20,000 on the Borough's contribution. RECOMMENDED MOTION: Move to adopt Resolution No. FY2014-03. Kodiak Island Borough Page 1 of 1 1 Introduced by: Manager Cassidy 2 Requested by: AML/JIA 3 Drafted by: AML/JIA Introduced on: 06/20/2013 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2014-03 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY ADOPTING TO 10 PARTICIPATE IN THE ALASKA MUNICIPAL LEAGUE JOINT INSURANCE 11 ASSOCIATION (AMLJIA) LOSS CONTROL INCENTIVE PROGRAM 12 13 WHEREAS, the Kodiak Island Borough is a member of the Alaska Municipal League Joint 14 Insurance Association (hereinafter"AMLJIA "); and 15 16 WHEREAS, the AMLJIA provides comprehensive risk management assistance and 17 provides workers' compensation, liability, and property coverage for the Kodiak Island 18 Borough; and 19 20 WHEREAS, the AMLJIA developed the Loss Control Incentive Program to help reduce 21 member losses individually and pool wide; and 22 23 WHEREAS, the AMLJIA will provide all written program materials necessary, and offer 24 assistance to participants; and 25 26 WHEREAS, pool members that participate in the Loss Control Incentive Program and 27 complete the required activities, will have the opportunity to earn a discount on their 28 contribution; and 29 30 WHEREAS, it is the Kodiak Island Borough's policy to provide a safe environment for its 31 students, employees, citizens, and the visiting public; and 32 33 WHEREAS, the Loss Control Incentive Program will enhance such an environment. 34 35 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH elects to participate in the AMLJIA Loss Control Incentive Program for the 2013- 37 2014 policy year. 38 39 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 40 THIS June , 2013 41 42 KODIAK ISLAND BOROUGH 43 44 45 46 ATTEST: Jerome M. Selby, Borough Mayor 47 48 49 50 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2014-03 Page 1 of 1 t':- t .t° f y KODIAK ISLAND BOROUGH ` AGENDA STATEMENT itefretki REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B- . Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020). ORIGINATOR: Choose an originator. FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Draft Assembly Resolution; P&Z Resolution; P&Z Decision Letter; Provisional Minutes; P&Z Case Packet APPROVAL FOR AGENDA SUMMARY STATEMENT: This property was rezoned from Industrial to Business in December 2004. Anticipated development opportunities with the Business zoning designation have not proved fruitful. The property owner now wishes to return to the status quo and pursue development allowable under the Industrial designation. The adopted plan guidance and surrounding neighborhood, indicate that the I - Industrial Zoning District is the most appropriate zoning district for developmental purposes. The Commission held a public hearing on March 20, 2013 on this request and found the request is consistent with the goals and objectives of the 2008, Kodiak Island Borough Comprehensive Plan Update. RECOMMENDED MOTION: Move adopt Ordinance No. FY2014-02 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 2 Development Introduced: 06/20/2013 3 Public Hearing: 4 Adopted: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-02 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 9 LOT 21 SEAVIEW SUBDIVISION FROM B — BUSINESS ZONING DISTRICT TO I — 10 INDUSTRIAL ZONING DISTRICT 11 12 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 21 13 Seaview Subdivision, and 14 15 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the Commission 16 considered the merits of the rezone request; and 17 18 WHEREAS, the Commission voted to recommend to the Borough Assembly that this lot be 19 rezoned finding that the public necessity, convenience, and general welfare and good zoning 20 practice would be enhanced by such action; and 21 22 WHEREAS, the Commission hereby recommends that this rezone request be reviewed and 23 approved by the Borough Assembly. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: This ordinance is not of a general and permanent nature and shall not become a 29 part of the Kodiak Island Borough Code of Ordinances; 30 31 Section 2: Lot 21 Seaview Subdivision is rezoned from B — Business Zoning District to I — 32 Industrial Zoning District. 33 34 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 35 hereby confirmed as follows: 36 37 38 17.72.020 A. Findings as the Need and Justification for a Change or 39 Amendment. 40 41 The site is located close to existing industrial lands and could be a suitable support area for 42 staging and outdoor storage. 43 44 The site was previously zoned I-Industrial for many years prior to 2005. The site is located close 45 to the LASH marine terminal and to the Coast Guard Base and Kodiak State Airport. These are 46 desirable characteristics for an industrial lot. 47 48 The property has been zoned B-Business for a number of years but the petitioner could not 49 identify a feasible business or residential development plan for the site during that time. 50 51 52 Kodiak Island Borough Ordinance No. FY2014-02 Pagel of 2 53 17.72.020 B. Findings as to the Effect a Change or Amendment would have 54 on the Objectives of the Comprehensive Plan. 55 56 A rezone of the subject parcel would be consistent with objectives of the 2008 57 Kodiak Island Borough Comprehensive Plan Update. 58 59 A rezone of the subject parcel would work to implement the Comprehensive 60 Plan. 61 62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 63 THIS DAY OF 2013 64 65 66 KODIAK ISLAND BOROUGH 67 68 69 70 Jerome M. Selby, Borough Mayor 71 72 ATTEST: 73 74 75 76 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No.FY2014-02 Page 2 of 2 *** * 1/ Kodiak Island ,t trough * ,/ ;/� Community Development Department yfp?, acv, 710 Mill Bay Road Intri cet ? Kodiak, Alaska 99615 Phone(907) 486-9363 Fax (907) 486-9396 r_ www.kodiakak.us March 26, 2013 LASH Corporation 7205 W. Rezanof Drive Kodiak, AK 99615 Re: Case 13-020. Request a rezone, according to KIBC 17.205, to rezone Lot 21, Seaview Subdivision from B - Business to I— Industrial. Dear Mr. Sir: The Kodiak Island Borough Planning&Zoning Commission at their meeting on March 20, 2013 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will • be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assemlby shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The site is located close to existing industrial lands and could be a suitable support area for staging and outdoor storage. The site was previously zoned I-Industrial for many years prior to 2005. The site is located close to the LASH marine terminal and to the Coast Guard Base and Kodiak State Airport. These are desirable characteristics for an industrial lot. The property has been zoned B-Business for a number of years but the petitioner could not identify a feasible business or residential development plan for the site during that time. 17.205.020 B, Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning&Zoning Commission recommends approval of this rezone request. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely, r�`Yuf�.t�n1� Sheila Smith Secretary CC: Nova Javier, Borough Clerk Kodiak Island Borough Planning& Zoning Commission Minutes March 20,2013 6:30 p.m.in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the March 20, 2013 regular meeting of the Planning and Zoning Commission at 6:34 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, Rick Vahl, Sonny Vinberg,'Kathy Drabek, and Frank Peterson. L/ E) Case 13-020. Request a Rezone, according to KIBC 17.205,to rezone Lot-21,Seaview'Subdivision from B - Business to I – Industrial. The applicant is LASH Corporation and:the agent is Mike Brechan. The location is 8335 Rezanof Drive West.The zoning is B-Business. Lydick reported this rezone request is brought by the current wner oo\\ o arcel. Sixteen public hearing notices were sent out. This parcel of waterfront property was rezoned from Industrial to Business on December 16, 2004. The petitioners rationale for that-rezone was that there was no economic return to be derived from Industrial use. Returning the parcel's zoning to the.status quo ante is likely the most prudent step to take. The U.S. Coast Guard objects to the rezone based upon the recordation of private easements burdening the parcel which would inhibit the full range of_dev le opment options allowed in the I-Industrial Zoning District. The U.S. Coast Guard has twithdraw to heir objection. Staff recommended the commission forward this rezone request to the Assembly with•a recommendation for approval. ( \ \\ COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030-C, to\rezone Lot 21, Seaview Subdivision from B – Business to I - Industrial, AND, to adopt those findings-in " the staff report dated February 8, 2013 as Findings of Fact for Case No. 13-020. The public hearing was opened &closed:There was no public testimony. FINDINGS OF FACT <-1 "-Y 17.205.02011.—Findings as to the Need and Justification for a Change or Amendment. The site usilocateii close to existing industrial lands and could be a suitable support area for staging and outdoor storage./The site was previously zoned I-Industrial for many years prior to 2005. The site is located close to the LASH marine terminal and to the Coast Guard Base and Kodiak State Airport. These are desirable characte istics for an industrial lot. The property has been zoned B-Business for a number of years but the petitioner could not identify a feasible business or residential development plan for the site during that time. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning &Zoning Commission recommends approval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY March 20, 2013 Page 1 of 1 P&Z Minutes Public hearing item i-t P&Z - March 20, 2013 [ ,)j Q'2 Overlay Request:4J rezone, according Qe KIBC x77.205 Igo P&Z @fag Gl, 13-020 VD rezone 02,26, Seaview Subdivision, from Ikea Corporation Mc Business600o Industrial. Agent: KIMEGI) Brechan x five[ t•r�•i lr. i{x ytai y u Y�e F if �tr.4�pY„,�Is: • i ✓' 'Z. tT.`L A•ra.r 1 F d fit",,.rY•,., 1 J �l5,.,l 1 I gi/• C t ., � .., C < r S,n x s ,/ y t.,: G'yr t : e ',,,,, r , i4rer ; �p.,:• , \ i. gi'. p., rv* . r1 r:!:;” +t r t n a ter � q / /� f r X t k `-CV ri 4 b 4 '. 1 a.5 r Y • R. �' +�i`/.nom. it ,-. ;^j s. ?F .-4,, K ;'s h' a+'o A ., `�•}• y t ,_. YE ay i .44,111 o d0 a i% .,fL" lb/ r 'Sc r) •`• l - / y ‘ I r• � f 1 4 '. -' • ', - ,•/, Legend *x . W Lot 21, Seaview Subdivision I I Act'0 • . Kodiak Island Borough GIS System crat 0.4 0 225 450 900 1,350 Fee This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property wiWn 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,) Hubiic Hearing item i-t P&Z - March 20, 2013 Kodiak Island Borough Zoning Map rr4.4j m.It% Community Development Department ( r Zoning Request:a rezone, according OO KIBC ,Y2@-5 co pan Q 13-020 RD rezone 0 ce Seaview Subdivision, from I1dJ Corporation I:3- Business O= Industrial: Agent: 52gbEGB Brechan id 4/4 a / I • • ILot 21 Seaview Subd c • I I Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential ® Light Industrial AN 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 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)466-9333. Introduction - Page 2 of 3 Used oil-residential-5 gallons/month no charge Greater than 5gallons/month $1 50.gal Residential garbage from a passenger automobile or pickup truck,up b 500 lbs no charge Residential garbage501 Ibs or greater S14B60/4an4lOb 00$170 00/bn changed from original amount submitted Sludge disposal $12 6 0 0/614 5 415.00$170.00/bn changed bum original a un submitted Tires-commerdal 532.00 min,145.000/4441—$46&00 5170 Mon thauged from original amount submitted Uncovered loads-Additional Charge $35.00 Use 01 scale to obtain a certified weight $15.00 per Icket Vehicles $475.00 per whide NOTES A Govemmentalcustomers may be served by a private company by direct negotiation brsenice. Fees will be set,billed and collected by that company. a Cmmerdal and residential solid waste materials collected by the United States Coast Guard,or its representative,for dispose'at the Kodak Island Borough landfill will be charged atthe time of disposal at the rate established in his fee schedule. The Kodiak Island Borough will invoice the United States Coast Guard for all or any portion of those Ryes charged,as agreed upon by the parties.Fees associated with other haste disposal options will be charged based on the applicable fee represented in this schedule. c Dumping commercial waste in residentialdumpsters or other business's dumpsters without written permission WIl result in a$300.00 fine for the first offense and a$1,000.00 Ire for the second and sibsequent offenses. o Dumping metals,used oil.bilge water,epoxy paint or other hazardous waste items in a commercial or residential dumpster will result in a $300.00 fne for the first offense and a$1 p00.00 fine for the second and subsequentoffenses. e Companies conducing con-inertial,iudustnaland institutional demolifonp reds need to separate heir waste Into metal and non-metal loads. Mixed loads all not be accepted at the landfill. F Metals rewired at the landfill in the form of tanks or cables nest be prepared in an acceptable'tanner.Tanks must be drained of all fluids and wiped dean.Tanks under 500 gallons must have an 1 8"square hole cut into it and wiped dean.Tanks over 500 gallons trust have one end cut off and weed clean.Tanks 1,000 gallonsand greater must contact Egineenng'aality staff to discuss acceptable criteria.Fishing cable must be alt into 3'lengths.Other metal items must be cut into pieces no greaterthan 1Tlong,]'wide and 5'high.They must be separated from non-metal material(eg.,machinery with hoses or electrical components). o Non-profit organizations will be allowed tee disposal of self-hauled household residential waste of up to 1,0001bs/week.Disposal of large items (e.g.,boab,traders,conshucton/demolilon debris and rretals)will be charged at the same rate as shown in this fee schedule. Commercial establishments,and/or shall quanfiry generators,who generate hazardous waste roust contact an envimnmenfalcompanyto properly dispose of their waste. h Bulky household'terra such as,but not limited fa,furnishings.lawn mowers and appliancesleft next to or disposed of within residential dumpsters will result in a$30000 fine for the first aliens,and a$1p00.00 fine for second and subsequent offenses. Definitions: Residential waste-Waste generated tom your home(tar example.household garbage bulky items such as fumishings ark gassiawn clippings).It excludesconsductiondemolition waste. Commercial waste-Inffifutional and industial organizations or contractors and businesses conducting work for compensational r barter. Regulated vessel waste-Waste from vessels that have been inspected by U.S.Customs 8 Border Protection 015ce must be transported by a compliance holder to the tendril and maybe land filled.Waste from vessels that have not been inpected must be transported by a compliance holder and oust be incinerated. BUILDING PERMIT FEES:TITLE 15 value=up to$500.00 $15 00 value=$500.01-$2,000.00 $15 00 tar the first 3500 plus32.00 for each additional$100.000 orfracian thereof,to and including S2,000 00 value=$2,000.01-$25,000.00 $45.00 it the first$2,000.00 plus$9.00 for each additional$1,000.00or fraction thereof,to and including$25,000.00 value=$25,00001-$50,000.00 0252.00 hr the first$25,000 00 plusSO.50 for each adddonal$1,000 00 or fraction thereof,to and including$50,00000 value=$50,000.01-4100,000.00 $414.50 tar the first$50,00000 plus$4.50 for each addilonal$1,000.00 or fraction thereof,to and including 5100,000.00 value=$10000001 to$50000000 $839.50 tar the first 3100,000.00 plus$3.50 for each additonal 51,000.00 or fraction thereof,to and includirg$500000.00 value=5500,00001 to$1000,000.00 $2,039.50 for the bra$500,000 00 plus$300 for each addilonal 51,000 00 or fraction thereof,to and including$1,000000.00 value=$1,000,000.01 and up $3,539.50 hr the first$1000,000 00 plus 5200 for each additional$100000 or fraction thereof. ELECTRIC PERMIT FEES:TITLE 15 The following schedule of fees shall apply to all electrical work for which a permit is requires f- -: en-- Single family and duplexes: For temporary work service pemn4 $30.00 For residential single family-new $70.00 For duplex-new $100.00 For additional wiring,remodeling Residential On? $30.00 ill ober electrical weds For issuance of pemtt $35 00 For each fixt ure/duplexoutlettndividual sweets/emergency light $1.25 For electric heat perk w installed $1.00 For each power oulet 5200 For electrical service to 200 amps $20 00 For electrical service over200 amps $30 00 Aphabetical Section ADMINISTRATIVE SERMCE FEES: Administrative Service Fees 3%of entity's budget Federal 8 State Grant Per grant agreement Amountof Grant x Percent Up to$100100000 x 3% UP to$3,000 00 $100,000.01 b$500,000.00 x 2.5% $2,500 00-$12,500.00 5500,000 01 b$1,000,000 00x 2% $10,000.00-$20,000.00 $1600600 Oland up x 15% $15,000.00 and up BAYSIBE FIRE STATION COMMUNITY TRAINING CENTER Copy of Fire Reports 525 00 One-Felt of Training Center,per half day(1-6 hrs,max 49 people) $15.00 SUBDIVISIONS(GENERALLY NIBC 1e.10.060):TITLE 16 AbbreviatedAliquot Pan Plat $300.00 Appeal to Assembly(16 90) $200.00 Appeal to Commission(16.100/ $200.00 Appeal Record copy,per page $0.15 Review of P&ZC Derision(18.90.0101 $75.00 Vacations $350.00 Inspection Services-General Personnel ST $40.00/br OT 556.00/w DT $72013/hr Vehicle Hours $1 70/br Mileage $0.30/m Administrative Fee 10% Inspection S¢MCes-Subdivisio0: Road and Utility Improvement(per lineal t) Improvementsfor 1 to 12 lot $3.5011 Improvementsf)r 13 lots and more 62.00/1 Materials Approval Services: First Submflal $200.00 Subsequert Reviews $60.00 Plan Review Services- Additional ImprovementPlan Reviews $100.00 Improvement Plan Review actual cost Initial and Rnal Plan $200.00 Site Grading Plan Review $250.00 Prelim nary Plats CreaCrg' 1 to 12 lot $350.00 13 to 50 lots 5350 00+$20 Ootor each additional lot over 12 Over 50 lots $1,110.00+515.00 for each additional!clover 50 Waivers(16.10 050) $7500 ZONING:TITLE I) After the tact Zoning Compliance Permits 2 x the published amount Appeal to Board of Adjustment(17 225) $350 00 Appeal to Commission(17.220) 350.00 Appeal Record Copy,per page $0.15 Conditional UsePemlit(17.200) $250.00 Other P&Z Screenirg Approval(e.g.17.19.050 0 $150.00 Postponement at Feti5onefs request-Public Hearing Item $100.00 Postponement at Petitonefs request-Non-Public Heamg Item $25.00 Review of PBZC Derision(17.215) $150.00 Variance(17.195) $250.00 Zoning Charge(17 205). Less than 1.75 acres $350.00 1.76 to 5.00 ayes $750.00 5.01 to 40.00 acres $1,000.00 40.01 acres or more $1,500.00 ZONING:TITLE 1e Zoning Compliance PermiU17.15 06O' Less than 1 75 acres $30.00 1.76 to 5.00 acres $60.00 5 Otto 40.00 ayes $90.00 40.01 acres or more $12000 BOROUGH REAL PROPERTY:TITLE 17 Land disposal application(1620080 P) $350 00 Land Use Permit,annually(1650 010 C) $250 00 Material Sales(1660),Royalty fee,per cubic yard(annually) $2.00 Wood Outing Permits $25.00 5 SUBDIVISIONS(GENERALLY RISC 19.10.0001:TITLE 16 Abbreviated/Aliquot Part Plat $300.00 Appeal to Assembly(16 90) 5200.00 Appeal to Commission(16.10Q 5200.00 Appeal Record copy,per page $0.15 Review of PAZC Decision(16.90.01Q $15 00 Vacations $35000 (nsoection SeMCes-Genera( Personnel ST $40.00/hr OT $56.00/hr DT $72.00/hr VP hick Hours $1.70/hr Mileage $0.30/m Administrative Fee 10% )naoeaion Services-Subdivision: Road and Utility Improvement(per lineal t) Improvements for 1 to 12 lot 5350/1 Improvements for 13 lots and more 5210/1 Materials Approval Services' First Subniltal 5200.00 Subsequed Reviews $60.00 Plan Review Seines- Additional ImprovemenlPlan Reviews $100.00 Improvement Plan Review actual cost Initial and Rnal Plan $200 00 Site Grading Plan Review $25000 Preliminary Plats Creating; 1 to 12loR $350 00 13 to 50 lots $350.00•$20 OOfor each additional lot over 12 Over 50 lots $1,110.00+$1500 for each additional lolover 50 Waivers(16 10.05B $75.00 ZONING:TITLE IT After he fad Zoning Compliance Permit 2 x the published amount Appeal to Board of AQustrnenl(17.225) $350.00 Appeal to Commission(17.220/ 350.00 Appeal Record Copy,per page $0.15 Conditional Use Permit(17 200) $250 00 Other PAZ Screenirg Approval(eg.17.19.050 Q $150.00 Postponement at Petitioners request-Public Hearing Item $100.00 Postponement at Petitioner's request-Non-Public Hearing Item $2500 Review of PAZC Decision(17.215) $150.00 Variance(17.195) $250.00 Zoning Charge(17.205U Less than 1 75 acres $350.00 1 76 to 500 acres $750.00 5.01 to 40.00 acres $1,000.00 40.01 apes or more $1,500.00 ZONING'.TITLE 1e Zoning 0ompllanc,Permi1117 15 066% Less than 1.75 acres $30.00 1 76 to 5.00 acres $60.00 5 01 to 40 OO acres $90.00 40.01 saes or more $120.00 BOROUGH REAL PROPERTY:TITLE 17 Land disposalapplication(18.20 060 A) $350.00 Land Use Permits,annually(18.50.010 Q $250.00 Material Sales(10.604 Royalty fee,per cubic yard(annually) $2.00 Wood Cutfng Permits $25.00 Used oil-residential-5 gallons/month no charge Greater than 5 gallons/month $1.50/gal Residential garbage from a passenger automobile or pickup truck,up to 500 lbs no charge Residential garbage 501 lbs or greater *1°'-0r .t$14500$170001bn("ranged from original amount submitted Sludge disposal $124-0049t$46649$170 00/bn Clanged from original amount submitted Tires-commercial $32.00 min,4-46040/146-$18909$170 001on changed from original amount submitted Uncovered loads-Additional Charge $35.00 Use of scale to obtain a certified weight $15.00 per Icket Vehicles $475.00 per sehide NOTES: a Govemmentalcustomers may be served bya private company by direct negotation for service. Fees will be set.billed and collected by that company. E Commercial and residential solid waste materials collected by the United States Coast Guard,or its representative,for disposal at the Kodak Island Borough landfill will be charged atthe time of disposal at the rate established in his fee schedule The Kodiak Island Borough will invoice be United States Coast Guard brall orany portion of those fees charged,as agreed upon by the parties.Fees associated with other waste disposal options will be charged based on the applicable lee represented in this schedule. c Dumping commercial waste in residentaldurnpsters or other business's dumpsters without wntten permission Mill result in a$300.00 fine for the first offense and a$1,000.00 fne for the.second and aibsegoent offenses. 0 Dumping metals,used oil,bilge water,epoxy paint or other hazardous waste items in a commercial or resdental dumpster will result in a $300.00 Inc for the first offense and a$1000.00 fine for the second and subsequent offenses. E Companiesconducing comnetrial,industrial and institutional demotion projects need to separate her waste into rrretl and rnn-mhetalloads. Mixed loads will not be accepted at the landfill. F Metals received atthe landfill in the form of tanks or cables must be prepared in an acceptable wanner.Tanks must be drained of all fluids and wiped dean.Tanks under500 gallons must have an 14'square hole cut into it and wiped dean.Tanks over 500 gallons trust have one end cut off and wiped dean.Tanks 1,000 gallonsand greater must contact EngineeringFaality staff to discuss acceptable mtena.Fishing cable must be cot into 3'lengths.Other metal items must be cut into pieces no greater than ITlong,7'wide and 5'hgh.They must be separated tram non-metalmatenel(eg.,machinery with hoses or electrical components). a Non-profit organizations will be allowed tee disposal of self-hauled household residential waste of up to 1,000 lbs/veek.Disposal of large items (e.g,boas,trailers construction/demotion debris and metals)will be charged at the same rate as shown in this fee schedide. N Commercial establishments,and/or small quantity gene raters,who generate hazardous waste must contact an environmentalcompanylo properly dispose of their wa ste. Bulky household items such as,but not limited to,furnishings,lawn mowers and appliances left next to or disposed of within residential dumpsters will result m a$30000 fine for the first offense and a$1000.00 fine for the second and subsequent offences. Definitions: Residential waste-Waste generated tom your home(for example,household garbage bulky items such as fumishingsandgrassAawn clippings).It excludes constructorMemlolition waste Commercial waste-Insttutional and industlal organizations or contractors and businesses conducting work for compensationaM7or barter. Regulated vessel waste-Waste from vessels that have been inspected by U.S.Customs&Border Protection Office must be transported by a compliance holder b the lanelll and maybe land filled.Waste from vessels that have not been inspected must be transported bya compliance holder and must be incinerated. BUILDING PERMIT FEES:TITLE 15 value=up to$500 00 $15 00 value=$500.01-$2,000 00 $15.00 ter the first$500 plus$2 00 for each additional$100.00 odraction thereof,to and including$2,000.00 value=$2,000 01-$25000 00 $45.00 ter the first$2,000.00 plus$9.00 for each additional$1,000.00or fraction thereof to and including$25,000 00 value=$25,000.01-$50,000.00 $252.00 fist the first$25,000 00 plus$6.501ot each admional$1,000 00 or fraction thereof,to and including 550,000 00 value=$50,000 01-4100,000.00 $414 50 ter the first 550,000 00 plus$4 50 for each add'lional$1,000.00 or fraction thereof,to and including$100,000.00 value=5100,00001 to$500,000.00 $039.50 ter the first$100,000.00 plus$3.50for each add'itonal$1,000.00 or fraction thereof,to and including$500,000.00 value=$500,00001 to 51 000,000.00 $2,039.50 for the first$500,000 00 plus$3.00for each additonal$1,000.00 or fraction thereof,to and including$1,000,000 00 value=$1,000,00001 and up 53,539.50 ter the first$1000,00000 plus$2 00 for each additional$11)0000 or(radon thereof. ELECTRIC PERMIT FEES,TITLE 15 The following schedule of shall apply to all electrical work for which a permit is require[ For new construction of electrical wodc Single faintly and duplexes: For temporary work service permit 530.00 For residential single family-new 570.00 For duplex-new $100.00 For additional wiring,remodeling Residential Onp $30.00 All other electrlel NOM For issuance of pemit $35.00 For each fixture/duplexoutleLlndividual switch/emergency light $1.25 For electric heat perk.w.installed $1.00 For each power owlet $2.00 For electrical service to 200 amps $20 00 For electrical service over 200 amps $30.03 Aphabetical Section ADMINISTRATIVE SERMCE FEES: Administrative Service Fees 3%of entity's budget Federal&State Grants Per grant agreement Amount of Grants Percent Up to$100,00000 x 3% Up to$3,000.00 $100,000.01 b$50E000.00 x 2.5% $2,500.60-512,500.00 $500,000 01 6$1,000,000,00x 2% 510,000.00-$20,000.00 $1,000,000.O1and up x 1.5% $15,000 00 and up BAYSIOE FIRE STATION COMMUNITY TRAINING CENTER Copy of Fire Reports $25.00 One-half of Training Center,per half day(1-6 hrs,max 49 people) $15.00 One-half of Training Center,per day(6-10 hrs,max 49 people) $25 00 Full Training Center,per half day(1-6 hrs,max 100 people) $30.00 Full Training Center,per day(6-10 hrs,max 100 peoplQ $50.00 Refundable Clearing Deposit $50.00 Notes: Nonprofit organizations and public safely agencies who do not charge a fee for the actiety being conducted may apply for a waiver of Training Center use fees BOROUGH CODE OF ORDINANCES Borough Code,Complete $200 00 Supplement Service(Annual Feel $7510 Title 15,complete $7.50 First 20 pages nee.$0 25 thereafter Title 16,complete first 20 pages free, $0.25 thereafter Title 17,complete first 20 pages free, $0 25 thereafter BOROUGH RECORDS 2007 Comprehensive Plan(bound copy) 5100.00 Audio Recording CO $5.00 Audio Recording(sent by email) no charge Certified copies(does not include copy charges) $5 00 Copy,scan any single file to CD or DVD,per disk.This includes any large scale maps $5.00 Copies,per page first 20 pages free, 5025 thereafter Comprehensive plans,paper 525.00 Research Service,records recovery(4 Nc rriiimum)also see listed in Mapy u sad-Reseabh-Ser bas First 5 hrs free/$40 OO per hr thereafter, Peisanael eit-p"FKIBC 2.40040 Research Service,data analysis(4 hr mirdmu 5)also see fisted in Mapping and Fee set at$4000 per hr,Pewe'Res adper ReseivelaSepoices KIBC 2.400X480 GENERAL SERVICES Copies,per page,genera public $025 Copies,per page,government and non-pr54s $0.05 Electronically Reproduced Records first 20 pages free, $0 25 thereafter Interest on miscellaneous accounts 12%annudly $40.0n pfip : + - w New/Transfer Lquor License $1.00 per notice mailed Non-filing or late filing fee for special lazes(Severance andBed) $50 per filing NSF Check Fee $25 00 Research Service,records recovery-(4-ter-minimum) First 5 hours teel$40 00 per hrthereafter,KIBC 2.40040 Research Service,data analysis44-Incobassam) $40410Mr-Fee set at$40 00 per hr,KIBC 2.413060 Pare Transfer Fee $25 00 Notes: KIBC 2.40060 authorizes the setting of fees for compilation or creation or records(data analysis).The arbitraryamount of$40 per hour is an average ofClerR's Office staff hourly wage and benefit.KIBC 2.40040 notes that we cannot exceed the actual salary and benefitcosf for personnel/me. KODIAK FISHERIES RESEARCH CENTER Main Lobby(upstairs/down-fee includes large conference roord $250 00 Refundable cleaning deposit main lobby $300.00 Large Corterence Roan $50.00 Refundable dealing deposit large conference room $50.00 Small Conference Room $40.00 Refundable cleaning deposit small conference room $30 00 NOTE: Non-profi!organizations and public mfely agenoeswho do not charge a fee for the activity being conducted may apply fora waver of KFRC fees. REPRODUCTION AND MAPPING COSTS: GIS services.(1/4 hr minimum) $60.001Hr PRINTS/COPIES Bond $1.00 eq ft Semi Gloss $2.00 S ft Mylar $3.00 sci ft 6.5 X 11 inch first 20 pages free, $025 thereafter 11 X 17 inch first 10 pages free, $0.50 thereafter NOTE No copying orcommercial use,except for reference SPECIAL ASSESSMENT AND PROPERTY TAX FEES ForedosumlAtbmey Fee actual cost Publication Fee actual cost 2 IJubiic nearing item (-L P&Z - March 20, 2013 Current Location Request: A rezone, according to KIBC 17.205 C, P&Z Case No. 13-020 to rezone Lot 21, Seaview Subdivision, from Lash Corporation B - Business to I - Industrial. Agent: Michael Brechan Aar 40.1„ • r I it®® , 04.0� ♦, 40411r 40- <11, 000 4 Legend Lot 21, Seaview Subdivision Kodiak Island Borough GIS System 0 1,125 2.250 4.500 6,750 9,000 Feet This map was prepared from the Kodiak Island Borough's GIS System It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333 Introduction - Page 3 of 3 Public hearing item /-A P&Z - February 20, 2013 - �-� Kodiak Island Borough Pitt Form 1 submit by Email >' Community Development Department 710 Mill Bay Rd.Rm 205 1j�+s' �e r7 , Kodiak AK 99615 ST") + Ph.(907)486.9362 Fax(907)486-9396 5T httoi/wwwkodiakakaia PROP_ID Application for Rezone KIBC 17.205 The following Information Is to be supplieTiy the Applicant: Property Owner/Applicant .L-4SN Gozp02.O-7 v>J Mailing Address: 72p9 i.7/, /ZEeA.JDF )2 ICpPi A14- A%- 99101. . Phone Number. 907. 4/97- aIS2 Other Contact email,etc.: 907,,, (0 59-55/8 Legal Description: Subdv: 56R✓I an) S✓73 D)✓visit.visit. Blade Lot: 2 Street Address: pest f 9 J ••24 Current Zoning: 8Li"yyef Proposed Zoning: nor45T/Z4-t_ Applicable Comprehensive Plan: ben .4ppi3tj ay" i, • ,P2vOns0 Explanation of the need&Justification for a change or amendment of zoning: 11 ,S par hiRS 9cP m 6:9 -' P+s>l2)09 A. rtie dn% rt.M.• ?fie 1.45)4 A c4C_. 4 9Rdr, 1 'A% 14IYALiT C IF" LoNS92u,G-9- rv4tere aar GoNps f are !fl 2! rt!/43c,,ti iteroi34 4 zeivaae, '7,1I 4-7 t/ we vote_ ,04eta'e1.4gtfl. ?. evict w9f, 9 7E7 (014444.6 IP& a cw�w-3&, r4C t Tv res..: isaC -Me A�9H�' �XpA1✓-sdfy .4F v✓Z- Afar 4 G7'JYJpas Explanation of the effect such a change or arendment woutd have On the objectives of the applicable comprehensive plan: ?b��E 5mnflc. ' r 4117 CSMonetsc.c ! j Lisp 2 J PIA VAC) Atwitter 70. IMe cs•016 .Y a*/ - ✓A4Proa 7S' psi Date: .d pt / Signature: 7,/ � ' - • • - _ M T/T'd 90T2L8bL06T:01 6920-S9L (802) 11I13 la'Jt1B:IJ0?Jd d62:TO 2102-1/-330 Application - Page 1 of 4 - Pumic anng item /-A P&Z - February 20, 2013 Y� 1 '''! //IS iS 4 5P> 'j CDD Staff Certification Date: /0c4/�Q, CDD Staff: e�� Payment Verification Fee Payable In Cashier's Office Room R 104-Mgn floor of Borough Building Not Applicable 1— So.00i D \C,7 wis• Less than 1.75 acres: $350.0 ✓ 1.76 to 5.00 acres: 5750.0PEC 04 ZU I L 5.01 to 40.00 acres: r $1,QQ1 {O i Sia::LUUIUUg 40.01 acres or more: r 51,50b10nrp 1pnn++mon' 4 mot's of Wile kwa7 caphr eys or p,o1: 449.4a, 1 " s . Application - Page 2 of 4 KIB_ArcGIS_Explorer_Online FUN IC hearing item f-A P&Z - February 20, 2013 `1,-). f �.t. ' rr `�: .' t ;;: • s, TY sir ; . ,it--//t,'" y 1 ,, 2 . +^ Gars I LASH CORP a . F ••• r ^ RsxoaowJ_. o- { '^'.f,C' r 4 y y.,; f .) :no a tat J a y •.� �! ( VAC • �V' yZrf. i 4 TM •,e.r •„2, SEE'JIE\V Li 2t 84474 _• LLL vm f RE)A\pF DR Ayt,' ,y�a PAT ,y+�'� DD . }'viu ..��jr r rya ? '\41'' r i 4- ``r .fre ' {r ):JS\v.ne]A\Jf Oa �`..f•a� ,!\ ry.t � '_. R, J K004K ,m ,, F T l V 99ut5 t y 5: Mc:re 5 x y .M b tl tl .. :5569).1 ,. V♦ _ I • ' . ' - :.. IOS,IOJ.JJ %,.. a. �yyJF�SI I 1 lit Source: Esri, I-cubed, USDA, USGS, AEX, GeoEye, Getmapping, Aerogrid, IGN, IGP, and the GIS User Community Application - Page 3 of 4 ArcGIS Explorer Online Public Hearing Its �Af I P&Z - February 20, 2013 lc* K B_ArcGIS_Expl0ref 0Aline Map ny Present-46°n Sign in (Nip, Betaih � Ise' +, ; •; t9,1a• a 6.:I.,._r,: i v r r t'+b r �/ p �' 1' rpY cy te•1"',w �t �� '" tti. 1 — t '.•, Yid n rA� ' 44 v1 9 i To-! , i r J\ .*1t:1 , (+I A. S 'GA W y it r"�.� r II 1�r y3G�S)\\.;', r I it lC �5 � i i 1 �, i,,,,\II R 4 yr , 1 r..,,,, 41, , . BUREAU OFLAND MANAGEMENT ark> , �' f rr f "" Parcels:LASH CORP 4 , , i1 . 3 • >£ .,r 'kV'. #tom a C) dt. f,, Q " �s i, I'M ' 41 7= ' +dip � , ^ ?- 10. PROP_ID 117388 " { l n 1 it e w `' � .� •Ph� , E. 1) R52600040cI I k' 4i,, /y r r 3 - ': t` C�a VAC c ,Y r« as Q f . c� 5 e. ;' 7 '7 Firs;N .;4. ‘1,.i. _r 1 K /'Y P4 ,• lai Nip: LASH CDR 7 t o , \„, ,,,,, > a r? / ' `1 h;3 xs nc c� SEAM T21 f + �. � •s` m �� s" "141, to v.,tu 9 Sme`1-7kr B33S �1( F� Ft S n � ✓f _ 4 t r A. c:[eetOm!'RE2ANOFOR ,'t�4. Pi . 'W ,4' ,J) ,-,�. tee:arc`en.W ' ` r�', ik a� ', *V, fir r,,1� ,• . =r fin, rag/4g 'r r r�. f 114 T �f� $Y°r e* at t ; A• ( e r:i 725 W.REZANOF DR ,r fe-„ 7. i at 11.f .# 14o Fri ix 2 AJ 1 .fi o ,e` . UNITEDSTATEB00ABTGUAR Axe tiv ` - .' 5 lg rr.Cit�!KCDIAK •,nl >,i. +'' s.-a» y '`,_ f ��'I i' ,,(+Y .�,5:r /r i F,.9.".? 3,e AK Pt ,i k I P i"T Nir 2i 99615 '> ci, 4 j ff. � '� r G� x, °r< r 2,dOit: 255697.2 !f :.t: : ; - rcrec 5.97 ! J F cN ;`;eu year 2012 �yt zmri7• u liiva IOS,100.00 :4 a y, �� ir�etm;z Ect t�w�a� �eSn. ,Yr`.:S.urY".6YM11lae,r! rn . Application - Page 4 of 4 http://www.arcgis.corn/explorer/?open—Alcpap2l7icdakiobn 12/4/2012 HubiIc Hearing item t-H P&Z - February 20, 2013 Location Request a Rezone, according to KIBC 17.205 C, 8335 Rezanof Dr. W. to rezone Lot 21 Seaview Subdivision from P&Z Case 13-020 B - Business to I — Industrial. Lash Corporation • • 0 vv. N Kodiak Island Borough GIS Legend a*> -,. Op'0 1 ,I ,• •%, • Subject Parcel W f� E 174 Feet '�1J ' 0 1,375 2,750 5,500 i t t I I I I NotifcationArea 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(90])456-9333. Public Comment - Page 1 of 4 Nubile Hearing Item I-A P&Z - February 20, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak,Alaska 99615 (907)486-9363 January 7, 2013 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2013. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13-020 APPLICANT: Lash Corporation AGENT: Mike Brechan REQUEST: A Rezone, according to KIBC 17.205 C,to rezone Lot 21 Seaview Subdivision from B - Business to I - Industrial. LOCATION: 8335 Rezanof Drive West ZONING: B-Business This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, on Tuesday, February 5, 2013 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396 or you may email them to ssmith @kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free number is 1-855-492-9202. One week prior to the regular meeting,on Wednesday, February 13,2013,a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room(#121),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Public Comment - Page 2 of 4 Public Hearing item /-A P&Z - February 20, 2013 ANDERSON CONSTRUCTION CO,LLC TWIN PEAKS CONTRUCTION LASH CORP P 0 BOX 2310 PO BOX 70 7205 W. REZANOF DR KODIAK,AK 99615 ANCHOR POINT,AK 99556 KODIAK,AK 99615 T.C. ENTERPRISES,INC KODIAK ISL HSG AUTH BUREAU OF LAND MANAGEMENT PO BOX 2338 3137 MILL BAY RD 222 W. 7TH AVE#13 KODIAK,AK 99615 KODIAK,AK 99615 ANCHORAGE,AK 99513 STATE OF ALASKA OMV STORAGE, LLC PORT WRANGELL PROPERTIES LLC P 0 BOX 107005 PO BOX 9032 1533 SAWMILL CIRCLE ANCHORAGE,AK 99510 KODIAK,AK 99615 KODIAK,AK 99615 GEORGE BAGGEN PORT WRANGELL PROPERTIES LLC DAYTON WANDERSEE 102 BARLOW ST 1533 SAWMILL CIRCLE PO BOX 8516 SITKA,AK 99835 KODIAK,AK 99615 KODIAK,AK 99615 TWIN PEAKS CONSTRUCTION INC JANET JOHNSON VULCAN CO P.O. BOX 70 PO BOX 1 STILL/BRECHAN/TYHUIS ANCHOR POINT,AK 99556 KODIAK,AK 99615 7205 W. REZANOF DR KODIAK,AK 99615 Attention: Lori Demi Facilities Engineering US Coast Guard Base Kodiak PO Box 195025 Kodiak,AK 99619-5025 Public Comment - Page 3 of 4 Public hearing item /-A P&Z - February 20, 2013 U.S. Department of Homeland Security /'( Commanding Officer P.O.Box 195005 f� United States Coast Guard Kodiak,AK 99619-5005 6W� Base Kodiak Staff Symbol:(e) United States r Phone:(907)487-5320 x202 Coast Guard Fax:(907)487-5334 Email:andrew.s.brown@uscg.mil 11000 Kodiak Island Borough Attn: Community Development Department FEB 42013 710 Mill Bay Road Kodiak, AK 99615 Dear Sir or Madam: This letter serves as U.S. Coast Guard Base Kodiak's response to the requested rezone of Lot 21 Seaview Subdivision(8335 Rezanof Drive West, Kodiak, AK), Case 13-020, Public Hearing Item 7-A. U.S. Coast Guard Base Kodiak objects to the rezone from B- Business to I - Industrial. The land subject of this request was withdrawn from the public domain by Executive Order 8278 October 28, 1939, for use by the Department of the Navy, and subsequently transferred to the Coast Guard by Public Land Order 5550. It was transferred to the Bureau of Land Management by Public Land Order 5627, and made available for conveyance to Koniag, Inc., subject to restrictive use easements established on December 9, 1977 by the Assistant Secretary of the U.S. Department of Interior, the Commandant of the U.S. Coast Guard, and Koniag. A rule of construction applicable to the easements was enacted by Congress in section 410 of Public Law 99-659, 100 Stat. 3740 (1986). The restrictive easements were recorded at the Kodiak Recording District on three separate occasions and can be found beginning on Page 179 of Book 44, Page 734 of Book 48, and Page 653 of Book 108. The restrictive easements maintain a quiet zone for the antenna field near Holiday Beach that is operated by U.S. Coast Guard Communications Station, Kodiak, listening for distress calls from mariners. The easements prohibit equipment that causes harmful electromagnetic interference with this site. Since not all land uses permitted by the Kodiak Island Borough in an Industrial District are compatible with the use restrictions that burden Lot 21 Seaview Subdivision, U.S. Coast Guard Base Kodiak objects to the request to rezone. Under section 410(a) of Public Law 99-659, the Coast Guard and Koniag, Inc., are authorized to agree on terms and conditions for the operation or maintenance of equipment or machinery within the easement area. • If you have any questions, please contact CDR Andy Brown, Base Kodiak Facilities Engineer at 907-487-5320, ext. 202. niECEIIVED Sincerely, FEB - 5 2013 A- TRICK S. cELLI ATT Commander, U.S. Coast Guard COMMUNITY DEVELOPMENT DEPARTMENT Acting Commander Copy: Legal Service Center West Public Comment - Page 4 of 4 • NUbflc Hearing item (-A P&Z - February 20, 2013 MEMORANDUM DATE: February 8, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 20, 2013 Regular Meeting CASE: 13-020 APPLICANT: Lash Corporation Agent: Michael Brechan REQUEST: A rezone, according to KIBC 17.205.030 C, to rezone Lot 21, Seaview Subdivision from B— Business to I - Industrial. LOCATION: 8335 Rezanof Drive West. ZONING: B - Business Zoning District Sixteen (16) public hearing notices related to this request were mailed on January 7, 2013. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan did not address this area. This area was incorporated into the Kodiak Island Borough Land Use Plan by Kodiak Island Borough Ordinance 81-8-0. Rezoned from C - Conservation to I — Industrial by Kodiak Island Borough Ordinance No. 81-9-0. Rezoned from I — Industrial to B— Business by Kodiak Island Borough Ordinance P12005-09. 2. Lot Size: 5.87 acres 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: Seaview Subdivision, Lots 1A, 5, 6, 7, 9, 10, 11, 12, 13, & 14 Use: Business & unimproved (vacant) Zoning: I - Industrial Zoning District South: Womens Bay Use: Marine environment Zoning: N /A East: Lash Dock Tideland Lease Use: Waterfront Business Zoning: C - Conservation Zoning District Staff Report - Page 1 of 7 Public Hearing Item I-A P&Z - February 20, 2013 West: Lot 1, Seaview Estates Use: Vacant Zoning: RR-1 Rural Residential Zoning District. 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan designates the proposed rezone area as a combination of Industrial/Light Industrial, & Open Space/Recreation. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. The Plan notes under "Implementation Policiesi1: Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. Additional study is needed to estimate future employment in specific industries and related needs for land zoned for those types of uses. For example, in assessing the need and most appropriate locations for new industrial land, consider the following factors. ©The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. fl Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. ti Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. II Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. Chapter 17.105 I — INDUSTRIAL DISTRICT 17.105.005 Description and intent. The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing,fabricating, repair, assembly,storage,wholesaling, and distributing operations,which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title,the specific intentions of this chapter are: A.To encourage the construction of and the continued use of the land for business and industrial purposes; B.To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development,continuation or expansion of industry in the zone; C.To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D.To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. '2008 Comprehensive Plan Update,Chp. 12 page 3. Staff Report - Page 2 of 7 Public Hearing item f-H P&Z - February 20, 2013 17.105.010 Permitted uses. The following uses of the land are permitted in the industrial district: A.All uses permitted in B business district, except residential; B.Aircraft, automobile and truck assembly or remodeling; C.Asphalt batch and mixing plant, manufacturing or refining; D.Assembly of music and vending machines; E.Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H.Cabinet shops; I. Concrete mixing batch plants; J.Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M.Gravel or sand extraction; N.Junkyards,wrecking, salvage or scrap metal operations; 0. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing,servicing or repair of light consumer goods,such as appliances,batteries,furniture,and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z.Sewage treatment plants; AA.Slaughterhouses; BB.Steel fabrication shops or yards; CC.Vehicle impound lots; DD.Vocational or trade schools; EE. Utility installations; and F.Warehousing within an enclosed structure. 17.105.020 Conditional uses. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A.Acetylene gas manufacture or storage; B.Ammonia, bleaching powder or chlorine manufacture; C.Cement, concrete, lime and plaster manufacture; D. Chemical bulk storage and sales; E.Garbage disposal sites, dumps and sanitary landfills;and F. Petroleum or flammable liquid production, refining or storage. 17.105.030 Lot requirements. A. Lot Area.The minimum lot area required is 20,000 square feet. B. Lot Width.The minimum lot width required is 75 feet. 17.105.040 Yards. A. Front Yards. 1.There shall be a front yard of not less than 30 feet. 2.The front yard,when facing a state highway,shall be not less than 50 feet. Staff Report - Page 3 of 7 • • Hubiic Hearing item f-A P&Z - February 20, 2013 B.Side Yards. 1.There shall be a side yard on each side of a principal building of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. C. Rear Yards. 1.There shall be a rear yard of not less than 20 feet,except that approved fire wall installations between adjoining structures provide for construction on the lot line. D. Exemptions.Waterfront industries are exempt from the requirements of this section. 17.105.050 Building height limit. The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within 50 feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. 17.105.060 Performance standards. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. A. Noise.The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat,frequency, or shrillness;and where a use adjoins a residential district,the noise loudness measured at the boundary line shall not exceed 90 decibels. B. Lighting.Any lighting shall not be used in a manner which produces glare on public highways and neighboring property.Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and Safety Hazards.The storage and handling of inflammable liquids, liquefied petroleum,gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two-hour fire-resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height)of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and Smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F.Open Storage.Any storage shall not be located closer than 25 feet to any street right-of-way.Any storage shall be enclosed with a fence acceptable to the commission.Whenever lumber,coal or other combustible material is stored,a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within 100 feet of a residential use or zone,that industry shall provide screening as approved by the commission. COMMENTS The applicable comprehensive plan provides "in assessing the need and most appropriate locations for new industrial land, consider the following factors". o The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. The petitioner came before the commission and assembly in 2005 in order to request a rezone to from I industrial to B-Business. Prior to this time the site was used as additional storage support area for the nearby LASH dock terminal. At the time time of this prior rezone the Staff Report - Page 4 of 7 • Public hearing item /-A P&Z - February 20, 2013 petitioner's had planned to build a multi-family residential building along the shoreline of Womens Bay. Because the I-Industrial zone does not permit residential uses, the rezone was sought and obtained. Since that time the plan to develop multi-family residential use has been unsuccessful and the petitioner now wishes to rezone the property back to the original (- Industrial designation. A rezone of this land would make the land useful again for industrial use for which does seem to be some a zone that is short supply, particularly for upland industrial lands. 9 Proximity to adequate public facilities, including roads, water, and air transport facilities, as well as water and wastewater treatment facilities. The subject parcel is located with paved road frontage. Water and sewer in this area would most likely be coming from the Coast Guard Base or from on-site systems. In this instance, and given the type of business (industry) proposed, the distance to dock terminals and airports is a desirable characteristic. By being close to the LASH dock terminal and the Kodiak State Airport the site is well suited to support logistics of storing materials awaiting shipping. N Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural resources. The subject parcel and use is segregated from abutting parcels by a substantial road right-of- way. The U.S. Coast Guard has commented on the request and objects to the rezone on the basis of several easements that were associated with this parcel when it was originally disposed of by the Coast Guard. It may be that the petitioner and the Coast Guard need to investigate this situation further to see if some reasonable accommodation cannot be reached because the property was once zoned I-Industrial in the recent past and it is located in an area that is heavily industrial in terms of zoning. Staff is not sure that restricting the zoning in this location will provide any assurance of compliance with the easements, and in any event the zoning should not preclude the Coast Guard from enforcing the easements. On this basis staff will recommend approval of the rezone, however, if the commission would like to have this issue investigated further, a motion to postpone the case would be the appropriate action. Recent development trends in the area: Most of the area has been developed industrially along the water front and at the base of Old Womans Mountain. Uses in the area include resource extraction, marine freight terminal and warehousing. The site is also close to the Coast Guard Base and to the Kodiak State Airport. Traffic impacts: The site is located along a state highway so it has good access from a traffic perspective. Land suitability: Size, topography, and other characteristics are suitable for industrial use: The site totals 5.87 acres. Along the road system, a total of 232.63 acres of land are identified as zoned industrialz. One hundred and fourteen (114) parcels ranging in size from .03 acres 2 Appendix pages 23 & 24 of 25. Staff Report - Page 5 of 7 Nuoiic Hearing Item /-A P&Z - February 20, 2013 (1,131 square feet) to 27.99 acres constitute the accessible industrial zoned inventory. Predominately located along a narrow strip of coastal lands3, The site is ideal for outdoor storage uses and staging in support of the nearby LASH marine terminal. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The request is consistent with the recently adopted Kodiak Island Borough 2008 Comprehensive Plan. In essence, rezoning the subject parcel to the I — Industrial Zone District will work to implement the Comprehensive Plan. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 C, to rezone Lot 21, Seaview Subdivision from B— Business to I - Industrial, AND, to adopt those findings in the staff report dated February 8, 2013 as Findings of Fact for Case No. 13-020. 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 site is located close to existing industrial lands and could be a suitable support area for staging and outdoor storage. The site was previously zoned (- Industrial for many years prior to 2005. The site is located close to the LASH marine terminal and to the Coast Guard Base and Kodiak State Airport. These are desirable characteristics for an industrial lot. The property has been zoned B-Business for a number of years but the petitioner could not identify a feasible business or residential development plan for the site during that time. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 3 Appendix page 25 of 25. Staff Report - Page 6 of 7 Fubuc hearing item RA P&Z - February 20, 2013 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. Staff Report - Page 7 of 7 Public 1-learing item f-u P&Z - March 20, 2013 Sheila Smith From: Red Hook Construction <redhook @alaska.net> Sent: Monday, March 04, 2013 6:54 PM To: Sheila Smith Subject: Public Hearing Notice Case#13-020 Applicant: Lash Corporation Agent: Mike Brechan Request: A Rezone, according to KIBC 17.205, to rezone Lot 21, Seaview Subdivision from B-Business to 1- Industrial Location: 8335 Rezanof Drive West Name: Dayton Wandersee Mailing Address: PO Box 8516, Kodiak AK 99615 Property Description: Lot 13, Seaview Subdivision, 8100 W Rezanof Drive, Kodiak AK 99615 Comments: I HAVE NO OBJECTION 1 Additional Comment - Page 1 of 1 J=` KODIAK ISLAND BOROUGH °L_.1 AGENDA STATEMENT REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 13.D.1 TITLE: Confirmation of the Mayoral Appointment to the Planning and Zoning Commission. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ms. Richcreek's Application; P&ZC Roster APPROVAL FOR AGENDA: / L SUMMARY STATEMENT: There is currently one vacant Borough seat on the Planning and Zoning Commission. On June 10, the Clerk's Office received an application from Ms. Jennifer Richcreek for the Borough vacant seat term to expire December 2014. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. RECOMMENDED MOTION: Move to confirm the appointment of Ms. Jennifer Richcreek to the Planning and Zoning Commission Borough seat for a term to expire December 2014. Kodiak Island Borough Page 1 of 1 Page 1 of2 Board Application Form Please complete the online form below.Please be aware that the information given on your application is made available to the public.Staff will require the use of a mailing address,email address,and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board,Commission,or Committee applying for* Planning and Zoning Commission I(z Designated seat or group representation(if applicable): 'Borough Seat Full Name* (Jennifer Hilliard Richcreek • Residence Address* 13019 Bayview Mailing Address* 'PO Box 8992 Email Address(This address will be used for correspondence)* enniferQak.net Home Phone Number(numeric only)* Work Number(numeric only)* 14864482 • '4867704 Cell or Fax Number(numeric only)* Employer/Occupation* 9427046 Kodiak Electric Association, Inc./Environmental Cc Please provide ONE of the following: Date of Birth or Last 4 digits of SSW* '4544 RESIDENCY INFORMATION Length of residency In Kodiak* 18 years .. - - - --.. - _ . - Registered to vote In Kodiak?* G. Yes C No FOR SERVICE AREA BOARD APPLICANTS Length of Residence in Service Area '8 years ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on other Boards,Commissions,or C Yes G No Committees?* If yes,which N/A-no other KIB Committees Organizations you belong to or participate in Kodiak Island Environmental I^ Workgroup (2007 - present) IP Air & Waste Management k'� Association (2008-present) E Alaska Power Association Environmental Regulations rf Committee, Chair (2011 to _J Explain your main reason for applying As a matter of civic duty, I want to contribute my skills and IBA expertise in regulatory compliance to the Kodiak community through public service on the Planning and Zoning Commission. What background,experience,or expertise will you bring to the board/committee/commission membership? I am well-versed in environmental laws and regulations and have a IT strong working relationship with state and federal agencies including the Alaska Department of Environmental Conservation, Environmental Protection Agency, and the Federal Energy Regulatory a1 Commission. My broad base of environmental knowledge and —' experience results from managing the environmental regulatory = programs at KEA, conducting soil research at Oregon State Are you available for regular meetings?* R Yes r No Pursuant to KIBC 2.100.070(A.6)and 4.15.070(A.7)Other than by expiration of the members term,the assembly shall declare Page 2 of 2 a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough:Y JC N Applicant's Residence:Borough )( City Date of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A Attached On File * indicates required fields. .. ....... luie ": KODIAK ISLAND BOROUGH '' "` PURIMOfGIAND ZONING COMMISSION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Kathy Drabek (C) 2015 486-4925 654-4905 kathleendrabek @hotmail.com 220 Mill Bay Road Kodiak, AK 99615 Frank Peterson (B) 2015 486-2582 486-4449 539-0202 frank.peterson(a)hotmail.com PO Box 8868 Kodiak, AK 99615 Alan Schmitt (C) 2014 486-5314 942-0404 schmitt(a�gci.net 3295 Woody Way Loop Kodiak, AK 99615 Alan Torres (B) (Chair) 2013 486-0217 486-9345 arii.torres @vahoo.com 2746 E. Rezanof Dr. Kodiak, AK 99615 Rick Vahl (B) 2015 486-3344 486-5308 907-947- rdvahl@gmail. 1324 Mountain View Drive 5489 Kodiak, AK 99615 Vacant (B) 2014 Vacant (C) 2013 B=Borough Seat C=City Seat This commission is governed by Kodiak Island Borough Code 2.105 ACTING CDD DIRECTORDUANE DVORAK 486-9363 ddvorak(olkodiakak.us COD SECRETARY0 SHEILA SMITH 486-9363 ssmith(alkodiakak.us COMMUNITY DEVELOPMENT DEPARTMENT i IM1237 ROAD ROOM 205 KODIAK,cm 99615*a4-: Revision Date:5/17/2013 Revised by JK -p l"r-.1K KODIAK ISLAND BOROUGH *°ri*, '`\' AGENDA STATEMENT REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 13.D.2 TITLE: Confirmation of Borough Deputy Clerk. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: None. APPROVAL FOR AGENDA:4it SUMMARY STATEMENT: KIB Code 2.50.030 Deputy Clerk - Appointment. There is established the position of deputy clerk in the legislative service. The Clerk is authorized to appoint the deputy clerk who shall be confirmed by the Assembly. The position of the deputy clerk will be officialy vacated on July 12. This position was advertised in-house and Ms. Jessica Kilborn was selected to fill the vacancy. Clerk Javier recommends that the Assembly confirm the appointment of Ms. Kilborn with the start date of July 15, 2013. RECOMMENDED MOTION: Move to confirm the Borough Clerk's appointment of Jessica Kilborn for Borough Deputy Clerk. • Kodiak Island Borough Page 1 of 1 Kodiak Island Borough Assembly Regular Meeting Guidelines June 20, 2013, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly members Griffin and Kaplan who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*e ) 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 May 16, 2013. * Resolution No. FY2014-03 Participation in the AML/JIA Loss Control Incentive Program. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of May 16, 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 20, 2013 Page 1 6. AWARDS AND PRESENTATIONS A. Proclamations — None. B. Plaque of Recognition to Major John Quinn of the Salvation Army— Mayor Selby 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. 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. Clerk's Note: 140 public hearing notices were mailed on June 7; attached on blue paper is a response received. Staff Report— Manager Cassidy • Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines June 20, 2013 Page 2 B. 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. Staff Report — Manager Cassidy Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGE FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2013-33 North Star Elementary School Canopy Repairs Project. Recommended motion: Move to authorize the Manager to execute Contract No. FY2013-33 with Wolverine Supply, Inc. of Wasilla, Alaska for the North Star Elementary School Canopy project in an amount not to exceed $77,000. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines June 20, 2013 Page 3 2. Contract No. FY2013-34 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. Recommended motion: Move to authorize the Manager to execute Contract No. FY2013-34 with B&R Fish, Inc. of Kodiak, Alaska for Road Service Maintenance and Repairs, and Snow Removal and Sanding for Service Area No. 1 for time and materials based on the bid schedule for the period of July 1, 2013 to June 30, 2015. Clerk's Note: Attached on Elm- paper is a letter submitted by the Service Area No. 1 Board regarding Contract No. FY2013-34. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution No. FY2013-33 Appointing the Kodiak Island Borough Attorney. Recommended motion: Move to adopt Resolution No. FY2013-33. Staff Report— Manager Cassidy Assembly discussion. If the Assembly determines that it is necessary to convene into executive session... Recommended motion: Move to convene into executive session to review respondents to the Legal Services RFP which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person (firm). ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION. Please invite the Borough Assembly, Borough Manager, and Clerk's Office Staff into executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. OR the Assembly may make a motion if necessary. Kodiak Island Borough Assembly Guidelines June 20, 2013 Page 4 Recommended motion: Move to amend Resolution No. FY2013-33 by inserting [name of the firm] on lines 20, 26, and 30 of the resolution. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. 2. Resolution No. FY2014-02 Reestablishing the Fees for the Kodiak Island Borough. Recommended motion: Move to adopt Resolution No. FY2014-02. Clerk's Note: Attached on ree paper are corrected pages 3 and 4 of the fee schedule. Staff Report —Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. *Resolution No. FY2014-03 Participation in the AML/JIA Loss Control Incentive Program. C. Ordinances for Introduction 1. Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B- Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020). Recommended motion: Move to adopt Ordinance No. FY2014-02 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report— Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines June 20, 2013 Page 5 D. Other Items 1. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Jennifer Richcreek). Recommended motion: Move to confirm the Mayoral appointment of Ms. Jennifer Richcreek to the Planning and Zoning Commission Borough seat for a term to expire December 2014. Staff Report— Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Confirmation of the Borough Deputy Clerk. Recommended motion: Move to confirm the Borough Clerk's appointment of Ms. Jessica Kilborn for Borough Deputy Clerk. Staff Report— Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 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 27 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Tuesday, July 2 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Offices will be closed on Thursday, July 4, in observance of the 4th of July holiday. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines June 20, 2013 Page 6 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET a 9 Regular Special Date: Oh ISO Ia,o.L3 Convened: Recessed: Reconvened: ' Adjourned: BY: BY: T, Vil►1 I V BY: V�/1'"I^V` ) BY: IA 4 BY: htia^ i P�J SECOND: SECOND: SECOND: Sb/ SECOND: 56k`/ 1-SECOND: Saa attik11-124) Olf° 11070174 S (I/PAAjk Or" YES NO_ , YES NO YES NO YES, NO. ;, ,'- -s5°YES 'NO Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman , / Ms. Austerman Mr. Bonney V Mr. Bonney Mr. Bonney Mr. Bonney v� / Mr. Bonney Mr. Griffin y f�1reri Mr. Griffin M M . •yin _I/_ _Mr Griffi. Mr. Kaplan / .\// V,. : •Ian ...'e r ir. - .. . Mr :. . • Ms. Lynch V Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Stephens V Mr. Stephens Mr. Stephens Mr. Stephens / Mr. Stephens Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes i/ Ms. Stutes ✓ CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?F TOTAL: TOTAL: TOTAL: TOTAL: iy c.) TOTAL: S 0 The mayor m`ay�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 J Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular I Special Date: iv Convened: ' -`" Recessed: Reconvened: Adjourned: BY: ``r� "�� BY: ib V BY: BY: I It it BY: A-W SECOND: j SECOND: SECOND: SECOND 4 $ SECOND:8.6ku C yr nA-t OVI'ld �( �I % - 3 giouipast -iv do n YES NO YES NO YES NO YES NO YES NO Ms. Austerman 7 Ms. Austerman Ms. Austerman 1/ Ms. Austerman ✓ Ms. Austerma Mr. Bonney Mr. Bonney Mr. Bonney V Mr. Bonney V Mr. Bonney ,►" V Mr r" n S 2 Gr'.' tilk Mr. riffin . • iffint i' .. =n Ala - : .n Mr .. . ' Kaplan Ms. Lynch 4A( V Ms. Lynch Ms. Lynch Ms. Lynch VI Ms. Lynch / Mr. Stephens ✓ Mr. Stephens- Mr. Stephens V Mr. Stephens Mr. Stephens V, / Ms. Stutes ✓ Ms. Stutes t' Ms. Stutes V Ms. Stutes ✓ Ms. Stutes �/, / CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?)_ TOTAL: ¶ D TOTAL: TOTAL: -b a TOTAL: 4 I TOTAL: v 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. v Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of/extend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 0 Regular V Special Date: • / i (9 Convened: Recessed: Reconvened: Adjourned: BY: aWyta..) BY: ii I ay BY: yo BY: 91--vj /L BY: / SECOND: SECOND SECOND: SECOND: bp,dl. SECOND:gich9 61014 Rthigthibrit Drokimi-i - oot 14_ Deeni f — f\lot to -Oct .civicA 4ki al/v-0 YES NO YES NO - YES -NO YES NO .YES NO Ms. Austermat:A 1` Ms. Austerman V Ms. Austerman , / Ms. Austerman , /� Ms. Austerman ✓ Mr. Bonney oC! V✓ Mr. Bonney s�/, / Mr. Bonney �/✓ Mr. Bonney �/� / Mr. Bonney Mr G 'ffin r. Gri in �N V Mr. Griffin Mr. . riffin V Mr. 'ffin . •a•l. K;pl n r. ..Ian . K..I. ad•la- Ms. Lynch V Ms. Lynch Ms. Lynch `�'/✓ Ms. Lynch / Ms. Lynch 17 Mr.Ms. Stutes Stephens ✓ Ms. Stutes Stephens ✓ Ms. Stutes Stephens { / Ms. Stutes ns +// Ms. Stutes Stephens p� VVV V 'W CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?' // TOTAL: /4, TOTAL: TOTAL: r U TOTAL: 0 TOTAL: C V 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 Regular ✓ Special Date: r 3 (g) • Convened: Recessed: Reconvened: Adjourned: -/�l BY: c a B) BY: BY: BY: SECOND: ' SECOND: SECOND: SECOND: SECOND: MI 010\-1 YES NO YES NO YES NO YES NO YES NO Ms. Austerm/. / Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr. Bonney �/ Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney Mr. Griffin • r. Griffin Mr. Giffin Mr. Griffin Mr. Griffin ap 1�Mr. Kaplan Mr. Kapla r. Kaplan . r--Kap an aplan Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Stephens I Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens Ms. Stutes ✓ Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes 'CHANGE OF VOT ? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?I TOTAL: V TOTAL: TOTAL: TOTAL: TOTAL: The mayor mac 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 present 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.