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2014-02-06 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, February 6, 2014, 7:30 p.m., Assembly Chambers Page 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 5 - 18 A. *Regular Meetings of January 2 and January 16, 2014. January 2, 2014 Assembly Minutes January 16, 2014 Assembly Minutes 6. AWARDS AND PRESENTATIONS A. Teen Dating Violence Awareness Proclamation B. Student of the Month for January 2014 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 10. BOROUGH MANAGER'S REPORT 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 294 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 19 - 27 1. Approval of Change Order No. 6 Amending Contract No. ga FY2014-13 Architectural and Engineering Services Term Contract for Design and Construction Administration for the Chiniak UST Replacement Project Underground Storage Tank Backup Information - Pdf Chiniak UST Gandel's Memo.pdf 28 - 42 2. Approval of Change Order No. 8 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Concept Design for the Womens Bay Emergency Shelter Project. Contract No. FY2014-13 Change Order No. 8 - Pdf Contract No. FY2014-13 CO8.pdf 43 - 81 3. Contract No. FY2014-26 Professional Services Agreement for Fisheries Analyst Consulting and Related Services. +Contract No. FY2014-26 Fisheries Analyst.pdf Fisheries Analyst RFP and Previous Analyst's Contract - Pdf 13.B. Resolutions 82 - 86 1. Resolution No. FY2014-26 Adopting a Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2015. Resolution for Capital Improvement Program Federal List - Pdf 87 - 94 2. Resolution No. FY2014-27 Certifying the FY2014 Shared Fisheries Business Tax Program Application To Be True and Correct. Shared Fisheries Tax Program Resolution and Application - Pdf 95 - 119 3. Resolution No. FY2014-28 Adopting the Priorities of the Kodiak Area Coordinated Transportation Plan KATS Resolution and 2007 Coordinated Transportation Plan - Pdf Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800)478-5736 and Local 486-3231. Page 2 of 294 13.C. Ordinances for Introduction 120 - 150 1 . Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-11, Public Hearing Notices, Transmittal Memo, Case Packet, P&Z Minutes, Results Letter - Pdf 151 - 179 2. Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership (P&Z Case No. 14-012). Ordinance No. FY2014-12, Public Hearing Notices, Transmittal Memo, Case Packet, P&Z Minutes - Pdf 180 - 210 3. Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11 .1) Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-13, Public Hearing Notices, Transmittal Memo, Case Packet, P&Z Minutes, Results Letter - Pdf 211 - 241 4. Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One (P&Z Case No. 14-010). Ordinance No. FY2014-14, Public Hearing Notices, Transmittal Memo, Case Packet, P&Z Minutes, Results Letter - Pdf 13.D. Other Items 242 - 258 1. *State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Application for Noodles Restaurant. Licensee/Applicant: Crystal, Inc. Noodles Liquor License Renewal Backup - Pdf 259 - 262 2. *Solid Waste Advisory Appointment of Mr. Lenny Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478-5736 and Local 486-3231, Page 3 of 294 Roberson— Amending a Motion Previously Adopted. Application, Roster Roberson - Pdf 263 - 266 3. "Confirmation of Assembly Appointment to the Board of Equalization (Carrie Morton). BOE Morton Application and BOE Roster - Pdf 267 - 268 4. `Confirmation of the Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council (Scott Smiley). Cook Inlet RCAC Letter Requesting Appointment- Pdf 269 - 271 5. *Assembly Direction to the Treasurer/Finance Director to Prepare the 2013 Roll of Real Properties Subject to Foreclosure. FY2014 Property Tax Foreclosure Timeline - Pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 272 - 283 1. Fire Protection Area No. 1 Board Regular Meeting of November 13, 2013, Planning and Zoning Commission Regular Meeting of November 20 and December 18, 2013, and Womens Bay Service Area Board Regular Meeting of December 10, 2013. Other Boards Meeting Minutes 17.B. Reports 284 - 286 1 . Kodiak Island Borough School District Special Meeting Summary of January 6, 2014 and Regular Meeting Summary of January 20, 2014. School District Summaries.pdf 287 - 294 2. Change Order Report, Other Projects Status Report, and Wilson Engineering Report - December 2013 December 2013 Reports-Change Order, Other Project Status, and Wilson Engineerinq.pdf Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800)478-5736 and Local 486-3231. Page 4 of 294 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting January 2, 2014 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 2, 2014, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Frank Peterson, Jr., and Mel Stephens. Staff members present were Borough Manager Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of December 5 and December 19, 2013, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend presented the Student of the Month Awards for December 2013 to Wade Bartleson, a junior at Port Lions School and David Reft, a junior at Karluk School. CITIZENS' COMMENTS Lorne White and Terry Haines spoke on the Chirikof Island cattle and the public meeting that was scheduled for Tuesday, January 7 and Wednesday, January 8, 2014. Chastity Starrett, Executive Director Discover Kodiak, spoke in support of Amendment No. 1 to Contract No. FY2014-02. COMMITTEE REPORTS Assembly member Kaplan reported on Director Barbara Bolson's retirement from the Kodiak College. Assembly member Lynch reported that the Kodiak Fisheries Work Group was still accepting responses to the Fisheries Analyst RFP. The next meeting was scheduled for Monday, January 6 at 8:30 in the Borough Conference Room and the Board of Fish meeting was scheduled for Tuesday, January 7, 2014 at 8:30 a.m. at the Kodiak Harbor Convention Center. PUBLIC HEARING 1. Ordinance No. FY2014-10 Amending Various Sections in Title 3 Revenue and Finance Chapter 3.35 Real Property Tax and Chapter 3.40 Personal Property Tax. BONNEY moved to adopt Ordinance No. FY2014-10. Kodiak Island Borough Assembly Minutes January 2, 2014 Page 1 Page 5 of 294 *Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. The proposed updates to Title 3.35 and 3.40, Real and Personal Property Tax added procedures to be followed for exemptions that were not laid out in the current Title. The update would also add language that added enforcement to the possessory interest tax and clearly stated the intent and legal standing to enforce such a tax. The update also better defined Situs for personal property, added penalties for not filing required assessment returns and generally added clarification to areas of the original code that was vague. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Austerman, Bonney, Griffin, Kaplan, Lynch, and Peterson (Ayes); Stephens (No). 2. Ordinance No. FY2014-01B Amending Ordinance No. FY2014-01 by Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. PETERSON moved to adopt Ordinance No. FY2014-01B. The ordinance would adjust the FY2014 budget as follows: • Bayside Fire Department needed to move $115,100 to Fund 450 to fully fund the emergency generator project and these funds were available in the Bayside Fire Department's Fund Balance; • several projects in Fund 469 needed to be combined for better project management; • total project amount of $1,356,438 for the Kodiak Fisheries Research Center (KFRC) Ventilation Modifications project would need to be made available from the KFRC retained earnings of which NOAA would be reimbursing the Borough $831,327 upon project completion; • combined the Chiniak School Underground Storage Tank Removal and Replacement project with the Chiniak School Soil Remediation project; and • combined several Borough Building renewal and replacement projects; and • budgets needed to be developed for FY2014 Renewal and Replacement projects in Fund 469 (Borough Building Rehabilitation, Port Lions School Exterior Painting, Middle School paving, and Auditorium Foyer and Hall flooring) Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Griffin, Kaplan, Lynch, Peterson, and Austerman (Ayes); Bonney and Stephens (Noes). BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • The second batch of responses to the Fisheries Analyst RFP were being collected; the first batch of responses to the Fisheries Analyst RFP were rejected. • Received the Certificate of Occupancy for the Long Term Care Facility which meant Providence would start paying their lease fees and associated costs. The project came in under budget and could be ready for patients by February. • Working on the FY2015 budget and strategic plan; the next subjects to be covered were: Health Care, Landfill, and Parks and Recreation. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend expressed gratitude to all during his absence. Kodiak Island Borough Assembly Minutes January 2, 2014 Page 2 Page 6 of 294 *Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. 1997-13A Kodiak Fisheries Research Center (KFRC) Supplemental Lease Agreement No. 5 with GSA. GRIFFIN moved to authorize the manager to execute Contract No. 1997-13(A) with GSA for the Kodiak Fisheries Research Center Supplemental Lease Agreement No. 5 in the amount not to exceed $525,111. KIB currently had a lease with the United States Government for space occupied by NOAA at the Kodiak Fisheries Research Facility (KFRC). The Supplemental Lease Agreement No. 5 was the process by which the GSA agreed to reimburse KIB for a portion of the KFRC Ventilation Modifications project. The scope of the project included modifications to the building ventilation and electrical systems and installation of lighting controls that would enhance and extend the life of the building systems and increase the energy efficiency of the facility. GSA had secured funding to complete construction of the project and it was anticipated that KIB would be reimbursed upon completion of the project. However the bids received for construction exceeded the available funding. The low bid for construction was $974,000 which included design, administration, and contingency. The total project budget was currently $1,165,111. GSA had $640,000 in funding which would be made available through the lease amendment. KIB would fund the balance of $525,111 for the project out of the KFRC Depreciation (Cash Account) which currently had approximately $4,000,000. Approval of the Supplemental Lease Agreement was necessary to authorize GSA to reimburse KIB for$640,000 of project costs. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Griffin, Kaplan, Lynch, Peterson, Austerman, and Bonney (Ayes); Stephens (No). 2. Contract No. FY2014-21 Construction Administration Services for Kodiak Fisheries Research Center Ventilation Modifications Project. LYNCH moved to authorize the manager to execute Contract No. FY2014-21 with PDC, Inc., a Professional Services Agreement for Construction Administration Services for the KFRC Ventilation Modification Project in an amount not to exceed $39,928. PDC, Inc. previously completed the engineering and design for the KFRC Ventilation Modifications project and the agreement would provide for construction administration services during construction. Construction administration services included answering contractor questions, reviewing contractor submittals, shop drawings, and providing periodic and final inspections to ensure the work complies with the design. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Peterson, Austerman, Bonney, and Griffin (Ayes); Stephens (No). 3. Contract No. FY2014-22 Kodiak Fisheries Research Center Ventilation Modifications Project. KAPLAN moved to authorize the manager to execute Contract No. FY2014-22 with Wolverine Supply, Inc. of Wasilla, Alaska for the KFRC Ventilation Modifications Project in an amount not to exceed $974,000. Kodiak Island Borough Assembly Minutes January 2, 2014 Page 3 Page 7 of 294 `Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. The contract was for the KFRC Ventilation Modifications project as shown in the construction documents prepared by PDC, Inc. The project was anticipated to be paid for by GSA through a lease amendment for the NOAA occupied space at the KFRC. An Invitation to Bid for the project was issued on April 19, 2013, and bids were opened on April 30, 2013. Two bids were received, both of which exceeded the available GSA funding. KIB and GSA had been in discussions to determine how to provide funding for the project. The total project budgeted was $1,165,111, including construction, design, and administration. GSA had $640,000 in available funding, and KIB would provide $525,111 to complete the project. Wolverine Supply, Inc. was the low bidder for the project with a bid of$974,000, and agreed to hold the bid price through December 31, 2013. Staff reviewed the bid and supporting documentation, and recommended approval of the construction contract. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Lynch, Peterson, Austerman, Bonney, Griffin, and Kaplan (Ayes); Stephens (No). 4. Contract No. FY2009-11C Collective Bargaining Agreement with the International Brotherhood of Electrical Workers Local 1547. PETERSON moved to authorize the manager to execute Contract No. FY2009-11C with the International Brotherhood of Electrical Workers, Local Union 1547 and to adjust the Borough Salary Schedule to reflect the COLA for all Borough employees (union and non-union) effective January 1, 2014 and for subsequent years as agreed upon in the contract. The Borough Management team consisted of Borough Manager Bud Cassidy, Finance Director Karl Short, HR Officer/Executive Assistant Lauri Whiddon, and Grants Writer/Special Projects Support Meagan Christiansen. The IBEW team consisted of Debra Blanchard, IBEW Local 1547 Business Representative, and Shop Stewards Bill Bissett and Jeff Johnson. Negotiations occurred because the terms of the existing IBEW contract expired December 31, 2013. Negotiations commenced during the summer and were completed with a vote of the IBEW membership approving the contract. The contract negotiated had a term of three years and would run through December 2016. The only outstanding issue to complete the process was approval by the Borough Assembly. In addition to modifying parts of the existing contract (Borough Contract No. FY2009-11) there were yearly cost of living (COLA) increases that were agreed upon. Each COLA would be effective January 1, of each year. The COLA amounts negotiated were: 2014 - 1.75%, 2015- 2.0%, and 2016-2.0%. The COLA was not based on the Anchorage CPI as in past years. The items negotiated and agreed upon were outlined and provided in the packet. LYNCH moved to postpone Contract No. FY2009-11C until further negotiations with IBEW had been completed. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Peterson, Stephens, Austerman, Bonney, Griffin, Kaplan, and Lynch. 5. Amendment No. 1 to Contract No. FY2014-02 between the Kodiak Island Borough and the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2014. BONNEY moved to authorize the manager to execute Amendment No. 1 to Contract FY2014- 02A with the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services on an international level for an additional amount not to exceed $18,000. Kodiak Island Borough Assembly Minutes January 2, 2014 Page 4 Page 8 of 294 `Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. The Kodiak Island Convention and Visitors Bureau (Discover Kodiak), in a letter dated August 16th 2013, requested $18,000 in addition to its FY2014 contracted amount of $75,000, to be used to market Kodiak Island on an international level as part of its Destination Marketing and Tourism Program. Representatives (board members and the Executive Director) of Discover Kodiak also spoke at an Assembly Work Session on September 26, 2013 to support the request. The Kodiak Island Convention and Visitors Bureau had provided destination marketing and tourism development for the Kodiak Island Borough for several years through its Marketing Committee. Funded support from the Borough and the City of Kodiak had been used to support the KICVB. The Borough funds supported the program from the Borough's bed tax revenue. AUSTERMAN moved to amend Amendment No. 1 to Contract No. FY2014-02 by decreasing the amount to$8500 to cover the Berlin trip only. ROLL CALL VOTE ON MOTION TO AMEND FAILED FOUR TO THREE: Bonney, Kaplan, Lynch, and Peterson (Noes); Stephens, Austerman, and Griffin (Ayes). ROLL CALL VOTE ON MOTION FAILED SIX TO ONE: Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens (Noes); Peterson (Aye). Resolutions 1. Resolution No. FY2014-21 Accepting the Recommendation of the Planning and Zoning Commission by Approving the Disposal of a Portion of Block 16, Port Lions Subdivision First Addition, Comprising Approximately 1.51 Acres of Borough Land, for Less Than Fair Market Value (P&Z Case 14-009, Native Village of Port Lions). KAPLAN moved to adopt Resolution No. FY2014-21. The applicant in Planning and Zoning Commission Case No. 14-009 had applied for a disposal of Borough lands, for less than market value, for the purpose of consolidating ownership of the building and the underlying real estate. The applicant wished to make improvements to the building facility, but was hesitant to commit financial resources to the project without ownership of the underlying real estate. There was no adopted plan guidance indicating a need for the lands reviewed in the case to be retained as a portion of the Port Lions School Reserve. The Kodiak Island Borough School District had not identified a need for the lands reviewed in the case to be retained as a portion of the Port Lions School Reserve. The Commission held a public hearing on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Peterson, Stephens, and Austerman. 2. Resolution No. FY2014-22 Adopting a 2014 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. LYNCH moved to adopt Resolution No. FY2014-22. As a regional government, the Kodiak Island Borough represented the communities of the Kodiak Island Archipelago. Those communities included the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions, and the community of Karluk. In those communities were improvements and infrastructure that included docks, airports, community utilities, and facilities. Kodiak Island Borough Assembly Minutes January 2, 2014 Page 5 Page 9 of 294 *Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. The projects needed to be identified and prioritized by each community and forwarded to the Kodiak Island Borough for inclusion in a 2014 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Peterson, Stephens, Austerman, and Bonney. Ordinances for Introduction 1. Ordinance No. FY2014-01C Amending Ordinance No. FY2014-01 by Amending the Budgets for the Landfill Lateral Expansion Project Phase III Due To Increased Project Cost Estimates. LYNCH moved to adopt Ordinance No. FY2014-01C in first reading to advance to public hearing at the next regular meeting of the Assembly. The budget amendment would increase the Landfill Lateral Expansion Project by $3,357,452. Bids for Landfill Lateral Expansion Phase III Project were opened on Wednesday, December 11, 2013. Based on the bid results the total project cost would increase to $32,000,000. The additional $3,357,452 project costs would be funded with an amendment to the Alaska Clean Water Fund loan per Resolution No. FY2014-20, adopted by the Assembly on November 7, 2013. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Kaplan, Lynch, Peterson, Austerman, Bonney, and Griffin (Ayes); Stephens (No). Other Items 1. Confirmation of the Assembly Appointments to the Citizens Board of Equalization, Mission Lake"Tidegate" Service Area Board, and Personnel Advisory Board. LYNCH moved to confirm the Assembly appointments of Cheryl McNeil for the alternate seat to the Citizens Board of Equalization, Marian Johnson on the Mission Lake 'Tidegate" Service Area Board, and Lynn Bash and Tom Lacey on Personnel Advisory Board for three year terms expiring December 2016. Original advertising reflected a deadline for applications by Friday, November 15, 2013. Having not received applications for all the open seats, the deadline was extended to Tuesday, December 24. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Stephens, Austerman, Bonney, Griffin, and Kaplan. 2. Confirmation of Mayoral Appointments to Various Boards. LYNCH moved to confirm the Mayoral appointments of Gregg Hacker and Scott Arndt on the Architectural/Engineering Review Board/Building Code Board of Appeals, John Neff on the Parks and Recreation Committee, Alan Torres to a borough seat and Patricia Olsen to a city seat on the Planning and Zoning Commission, and Lenny Roberson to the Solid Waste Advisory Board for three year terms expiring December 2016. Original advertising reflected a deadline for applications by Friday, November 15, 2013. Having not received applications for all the open seats, the deadline was extended to Tuesday, December 24. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Stephens, Austerman, Bonney, Griffin, Kaplan, and Lynch. Kodiak Island Borough Assembly Minutes January 2, 2014 Page 6 Page 10 of 294 *Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. 3. Appointments to the Providence Kodiak Island Service Area Board. AUSTERMAN moved to voice non-objection to the reappointments of Alvin Arboleda, Carol Juergens, MD, and Ron Acarregui to the Providence Kodiak Island Service Area Board. Per Contract No. 97-07A: An advisory board meeting the requirements of 7AAC 13.030(a) would be appointed by Providence. One assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the opportunity for review and comment before appointments to the advisory board are made. Providence wished to reappoint Alvin Arboleda, Carol Juergens, MD, and Ron Acarregui to fill Board vacancies as of January 2014. Per the Contract Provision cited above, the Borough Assembly was given the opportunity to comment before the appointments to the advisory board were made. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Griffin, Kaplan, Lynch, and Peterson. CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly member Stephens spoke to exercising caution regarding the legality of moving money from the Facilities Fund into replacement and renewal projects. Assembly member Bonney requested Finance Director Short to speak in depth on the Facilities Fund. He also mentioned the Pollock Quota had increased 46% and spoke on the importance of recognizing the value of trawling to and in the community. Assembly members Austerman and Kaplan requested a more in depth report from Finance Director, Short on the Facilities Fund and from Engineering/Facilities Director Tucker on the landfill. Assembly members Kaplan and Lynch congratulated Student of the Month award recipients Wade Bartleson and David Reft. Assembly member Peterson expressed gratitude to Director Barbara Bolson of the Kodiak College. Assembly member Griffin expressed concern on the rising costs of the landfill and requested a more detailed report. Announcements The next Assembly work session was scheduled on Thursday, January 9, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, January 16 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Peterson, and Stephens. Kodiak Island Borough Assembly Minutes January 2, 2014 Page 7 Page 11 of 294 `Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. The meeting was adjourned at 9:06 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes January 2, 2014 Page 8 Page 12 of 294 *Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting January 16, 2014 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 16, 2014, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Tuck Bonney, Dave Kaplan, Chris Lynch, Frank Peterson, Jr., and Mel Stephens. Staff members present were Borough Manager Bud Cassidy, Engineering and Facilities Acting Director Dave Conrad, Engineering and Facilities Projects Manager Matt Gandel, Clerk Nova Javier, and Deputy Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly members Austerman and Griffin who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA BONNEY moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Manager Cassidy presented the Employee of the Quarter Award for the fourth quarter of 2013 to John Rhines, PC Network Tech II, in the Information Technology department. Mayor Friend proclaimed the month of January 2014 as National Stalking Awareness Month and applauded the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. CITIZENS' COMMENTS Judi Kidder spoke on the Borough's use of the Facilities Fund. Marie Rice, Tatiana Schneider, Sydney Mutch, and Mallory Arnold spoke in support of Resolution No. FY2014-23. Zachery Lloyd spoke to the lack of affordable housing in Kodiak and in opposition of current zoning codes regarding the use of recreational vehicles on private property. Mayor Friend encouraged Mr. Lloyd to present his comments to the Planning and Zoning Commission. Kodiak Island Borough Assembly Minutes January 16, 2014 Page 1 Page 13 of 294 'Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. COMMITTEE REPORTS Assembly member Lynch reported on the Kodiak Fisheries Work Group meeting held on January 6. She announced the deadline for receiving proposals for the Fisheries Analyst RFP was Friday, January 17. The next meeting was scheduled on Monday, January 27 at 8:30 a.m. in the Borough Conference Room. PUBLIC HEARING 1. Ordinance No. FY2014-01 C Amending Ordinance No. FY2014-01 by Amending the Budgets for the Landfill Lateral Expansion Project Phase III Due To Increased Project Cost Estimates. KAPLAN moved to adopt Ordinance No. FY2014-01 C. The budget amendment would increase the Landfill Lateral Expansion Project by $3,357,452. Bids for Landfill Lateral Expansion Phase III Project were opened on Wednesday, December 11, 2013. Based on the bid results the total project cost would increase to $32,000,000. The additional $3,357,452 project costs would be funded by an amendment to the Alaska Clean Water Fund Loan per Resolution No. FY2014-20, adopted by the Assembly on November 7, 2013. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Bonney, Kaplan, Lynch, and Peterson (Ayes); Stephens (No). BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Payment in Lieu of Taxes (PILT) issue update. There was a good chance PILT could be funded through the Farm Bill. • Staff was preparing posters for the Community Legislative Reception in Juneau on February 27. The top project to be highlighted at the event was the Landfill Expansion project. • Open house for Long-Term Care Facility was scheduled on Saturday, February 8. • Finance Director Short was in New York working with the Bond Bank for the purpose of attempting to increase the bond rating to AA for a cost savings to the Borough. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2014-23 Agreement for Code Compliance Review Services for the Kodiak Landfill Lateral Expansion Phase III Leachate Treatment Plant Facility Design Documents. Kodiak Island Borough Assembly Minutes January 16, 2014 Page 2 Page 14 of 294 *Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. LYNCH moved to authorize the manager to execute Contract No. FY2014-23 with PC Associates of Orange, California for Code Review Services for the Kodiak Landfill Lateral Expansion Phase III Leachate Treatment Plan Facility Design Documents in an amount not to exceed $35,350. Engineering/Facilities staff discussed the need for a Code Compliance Review with the local building officials. The Code Compliance Review was normally outsourced by the local building official to verify that the building would meet all code requirements and fees were charged to the project. Considering all factors involved in the project the consensus from a risk, cost, and quality control perspective was that the proposed reviews from a third party would provide value to the project. PC Associates was recommended as a leading firm in design review and reporting. The firm provided a thorough interdisciplinary review methodology as described in the proposal. References were checked with consultants and firms in the business of delivering large projects resulting in positive responses. PC Associates specialized in plan review and had performed their services throughout the west since 1989. In accordance with KIBC 3.30.070(A) which allowed for the exception to the procurement rules for contracts for professional or unique services, staff recommended authorizing the manager to enter into a professional services agreement with PC Associates for the services outlined in the proposal. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kaplan, Lynch, Peterson, and Bonney (Ayes); Stephens (No). 2. Contract No. FY2014-24 Landfill Lateral Expansion Phase III Leachate Treatment Plant. LYNCH moved to authorize the Manager to execute Contract No. FY2014-24 with ASRC SKW Eskimos, Inc. of Anchorage, Alaska for the Kodiak Lateral Landfill Leachate Treatment Plant Construction in an amount not to exceed $9,327,000. The contract was for the Kodiak Landfill Lateral Expansion Phase Ill Treatment Plant Project as provided in the construction documents prepared by CH2MHill, Inc. The construction documents, bid documents, and associated addenda were available for review. Bids were received in response to the Borough's Invitation to Bid dated November 7, 2013. Four bids were opened on December 11, 2013. After reviewing bids, staff determined that ASRC SKW Eskimos, Inc. of Anchorage, Alaska was the responsible bidder having submitted the lowest responsive bid. The bid tabulation was provided to the Assembly. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Lynch, Peterson, Bonney, and Kaplan (Ayes); Stephens (No). 3. Change Order No. 6 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Design and Construction Administration for the Chiniak Underground Storage Tank Replacement Project. Kodiak Island Borough Assembly Minutes January 16, 2014 Page 3 Page 15 of 294 *Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. LYNCH moved to authorize the Manager to execute Change Order No. 6 Amending Contract No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering Services Term Contract in an amount not to exceed $53,411. The Borough had a term contract with Jensen Yorba Lott, Inc. (JYL) for architectural and engineering services. The change order would authorize JYL to proceed with design and construction administration work for the Chiniak UST Replacement project. The scope of this project was closure-in-place of an existing 10,000 gallon underground fuel tank, closure, and removal of an existing 500 gallon underground fuel tank, and installation of a new aboveground 3,000 gallon fuel tank. JYL was previously authorized to start pre-design work on the Chiniak UST project, which included site visits and preparation of materials necessary to obtain Alaska Department of Environmental Conservation (ADEC) permits. The pre-design work was completed. The change order would authorize JYL to proceed with design and construction administration work for the Chiniak UST project, including the production of construction documents for bidding purposes, answering contractor questions during bidding and construction, and providing ADEC mandated decommissioning plans, soil sampling, and reporting. ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Peterson, Kaplan, and Lynch (Ayes); Bonney and Stephens (No). Resolutions 1. Resolution No. FY2014-23 Supporting the Reinstatement of a Fulltime Cooperative Extension Agent from the University of Alaska Fairbanks to Kodiak. KAPLAN moved to adopt Resolution No. FY2014-23. The resolution was requested by Mr. Lorne White and was also discussed at the January 9 Assembly work session. The resolution was requesting the Kodiak State Representative and State Senator to fully fund a cooperative extension agent in Kodiak in the amount of at least $92,100 per year starting in July 2014 (FY2015). A similar resolution (Resolution No. FY2010-27) was adopted by the Assembly in February 2010. Upon adoption, the resolution would be forwarded to the Governor, the Kodiak State Legislature, and the University of Alaska Board of Regents. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Bonney, Kaplan, Lynch, and Peterson. 2. Resolution No. FY2014-24 Authorizing the Borough to Issue General Obligation School Bonds in the Principal Amount Not to Exceed $25,000,000 to Provide Funds for School and Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. KAPLAN moved to adopt Resolution No. FY2014-24. Kodiak Island Borough Assembly Minutes January 16, 2014 Page 4 Page 16 of 294 *Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. Alaska Statutes Section 29.47.410 provides that the Assembly by resolution may provide for the form and manner of sale of bonds and notes. Pursuant to Borough Ordinance No. FY2010-03, adopted August 6, 2009, the question of whether the Borough should issue not to exceed $76,310,000, in general obligation bonds for the purpose of paying the cost of planning, designing, and constructing school and related capital improvements in the Borough, including without limitation, the reconstruction and renovation of the Kodiak High School, was presented to the voters at the regular Borough election held on October 6, 2009, as Proposition No. 1 ("Proposition 1"). Proposition 1 was passed and approved by the voters. The Assembly found that it was in the best interest of the Borough to plan, design, and construct the school capital improvements described in Proposition 1 as the reconstruction and renovation of the Kodiak High School (the "Project"), and to issue not to exceed $25,000,000 principal amount of general obligation bonds referred to in Proposition 1, to pay part of the costs of the Project and costs of issuing the bonds. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Kaplan, Lynch, Peterson, and Stephens. 3. Resolution No. FY2014-25 Establishing the Travel Policy of Assembly Members as Liaisons to Rural Communities. PETERSON moved to adopt Resolution No. FY2014-25. The resolution was sponsored by Assembly member Griffin. It recognized the vital importance of establishing and maintaining strong working relationships with the Borough's rural communities as a key component of sustainable governance. The resolution would allow Assembly members, serving as liaisons to the rural communities, permission to travel to their rural community assignments at least twice per year. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kaplan, Lynch, Peterson, and Bonney (Ayes); Stephens (No). Ordinances for Introduction None. Other Items None. CITIZENS' COMMENTS Marion Owen thanked the Assembly for its support on Resolution No. FY2014-23. Judi Kidder spoke to the efforts of the Clean-up Kodiak group and encouraged the Borough to place a dumpster at Mill Bay Beach to allow the public to properly dispose of trash when visiting the beach. Kodiak Island Borough Assembly Minutes January 16, 2014 Page 5 Page 17 of 294 *Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #5.A. ASSEMBLY MEMBERS' COMMENTS Assembly members Kaplan, Lynch, and Peterson congratulated John Rhines, Employee of the Quarter Award recipient. Assembly member Peterson thanked those who addressed the Assembly during Citizens Comments, specifically Mallory Arnold, Sydney Mutch, and Tatiana Schneider. Assembly member Bonney addressed the comments made regarding the Facilities Fund and spoke in support of staff efforts regarding the funds. Assembly member Stephens spoke to the Facilities Fund, addressed concerns regarding an event at the last work session where a point of order was made, and expressed concerns regarding the lack of monthly financial reports and the lateness of the annual budget report. He also spoke against sending money off-island for jobs that could be possibly done locally, requested that the Assembly disregard the three minutes allowed for citizens comments at meetings, and addressed comments expressed by Mr. Lloyd regarding recreational vehicles used on private property. Announcements—Mayor Friend Mayor Friend announced that the Borough offices would be closed on Monday, January 20 in observance of Martin Luther King Day. The next Assembly work session was scheduled on Thursday, January 30 at 7:30 p.m. in the Borough Assembly Chambers. The next regular meeting was scheduled on Thursday, February 6 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Stephens, Bonney, and Kaplan. The meeting was adjourned at 8:49 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Borough Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes January 16, 2014 Page 6 Page 18 of 294 `Regular Meetings of January 2 and January 16, 2014. AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT ot• FEBRUARY 6,2014 OY Assembly Regular Meeting TITLE: Approval of Change Order No. 6 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Design and Construction Administration for the Chiniak UST Replacement Project ORIGINATOR: Matt Gandel FISCAL IMPACT: Yes 53,411 FUNDS AVAILABLE: Yes Account Number: 469-614 452.140 Amount Budgeted: 142,518 11003.4 SUMMARY STATEMENT: Kodiak Island Borough has a term contract with Jensen Yorba Lott, Inc. (JYL) for architectural and engineering services. This change order will authorize JYL to proceed with design and construction administration work for the Chiniak UST Replacement project. The scope of this project is closure-in-place of an existing 10,000 gallon underground fuel tank, closure and removal of an existing 500 gallon underground fuel tank, and installation of a new above ground 3,000 gallon fuel tank. The Borough Manager previously authorized a change order for$5,280 for JYL to start pre- design work on the Chiniak UST project. Pre-design work included site visits and preparation of materials necessary to obtain Alaska Department of Environmental Conservation (ADEC) permits, and was completed in December 2013. This change order will authorize JYL to proceed with design and construction administration work for the Chiniak UST project, including producing construction documents for bidding purposes, answering contractor questions during bidding and construction, and providing ADEC mandated decommissioning plans, soil sampling, and reporting. Approximately 50% of this change order cost is for the ADEC mandated scope of work. This work will be completed on a time and materials basis not to exceed $53,411.00. This motion to award this contract failed at the January 16, 2014 Assembly meeting. This is the second time that it is being presented for consideration. Per KIBC 2.30.070 0, "The same motion that receives the same outcome two meetings in a row shall not be revisited for six months unless the members by a majority vote agree to do so." RECOMMMENDED MOTION: Move to authorize the Manager to execute Change Order No. 6 Amending Contract No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering Services Term Contract in an amount not to exceed $53,411. Kodiak Island Borough Page 19 of 294 Approval of Change Order No. 6 Amending Contract No. FY2014-... AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD KODIAK,ALASKA 99615 Contract No. 2014-13 Change Order No. 6 Project Name,Number& Location Amount of Contract&Change Order Chiniak UST Original Contract $Term Contract 469-614 452.140 1 1003.4 Previous Changes $ 117,060.00 Contractor This Change $53,41 1.00 Jensen Yorba Lott, Inc. Adjusted Contract $ 170,471.00 Description of Change Cost Design and construction administration services for the Chiniak UST replacement $ 53,411.00 project,including construction documents and Alaska DEC required tank decommissioning plan and reporting. The time provided for completion of contract is(fr unchanged)(U increased)(fl decreased)by 0 calendar days. This document shall bee a an.me ment to the contract and all .rovisions of the contract will a. I'thereto. / Accepted B N�/ y: Date ,' 2 / 4 ytow►,�►'y� tative 66 Recommended: � Date Engineering/Facilities Director Finance Director Approved By: Attest: Date Manager(Les.Than 5ta.nno—fora! Borough Clerk fin all dinner orders on this contract) If the change order or orders exceeds ten thousand(10,000)dollars,it will require the signatures of: A. The mayor and deputy presiding officer; B. The mayor and one(I)assembly member in the absence of the deputy presiding officer; C. The deputy presiding officer and one(I)assembly member in the absence of the mayor;or D. Any two(2)assembly members in the absence of the mayor and deputy presiding officer. Approved By: Date Mayor Deputy Presiding Officer Revised by b11506/14,06 Page 20 of 294 Approval of Change Order No. 6 Amending Contract No. FY2014-... D -o -o 0 C m 0 C) m- a) D c DESIGN SERVICES PROPOSAL Jensen ®®0a p Yorba ®®® o_ CONSTRUCTION DOCUMENT SERVICES Loft °s'®® (D Project: Chiniak School UST Decommissioning Inc ®®Eill Z O "Architect .,, .:,Interior.Design :onstruction Manage Drafter :I Exec A Cler.A ACC O) STAFF:. !'. PMgr A-111 All A-C, Int1I1 Int Ill 10111 ID-II I 101 CM-III 'CM-II YCM-I D-II D-I EA ,CAI; A . TOTAL D - $160 6$125. ''.5110 $100 $95. $85 $140 ::'5110 585'. ..$120 $95 $90 $85 _;$75 $80 $40 $85 -1 3 ARCHITECTURE: 7 Project Management 4 0- Disc Coor/ooc Review 7 Agency Consul/Rev CO Schedule Dev/Monitoring n Cost Estimates 7 Meetings 4 Construction Dwgs 8 24 O Specifications 8 4 Bidding 16 4 4 Z Construction Admin 16 30 4 O Presentations T1 Quality Control N LEED o Submittal ? Subtotal Hours 56 0 0 0 0 0 0 0 a 0 0 0 58 0 12 0 0 126 • Subtotal Dollars$ 8,960 0 0 0 0 0 0 0 0 0 0 0 4,930 0 960 0 0 14,850 CONSULTANTS: Civil Engineering Mechanical Engineering CA $3,000 Mechanical Engineering $5,000 Electrical Engineering Hazardous Materials Investigation $27,055 Landscape Architecture Cost Estimating Energy Analysis It. G) Subtotal $35,055 Ill 0 Overhead/Profit 10% 53,506 Z O Total $38,561 0 TOTAL CONSTRUCTION DOCUMENT SERVICES FEE $53,411'. IN o 7. - tees cninlak sc tool 19b0 xis-su CO 1 12/23/2U 3 y N R. CD R a A It w IN AGENDA ITEM #13.A.1. RS A Designing in Alaska for Over 20 Years Engineering, Inc. Meet a-.2eIR9nd9c-lEr5ineers September 13,2013 Jensen,Yorba, Lott 522 W. 10th Street Juneau,AK 99801 ATTENTION: Tony Yorba Dear Tony, REFERENCE: Chiniak School UST Replacement RSA Engineering is pleased to offer a fee proposal for mechanical engineering services for the referenced project. We have based our scope of work on your e-mail correspondence dated September 26,2013 along with the following assumptions: • While in Kodiak on another project,we will visit the Chiniak School site to as-built the fuel storage system at the school. Travel time and expenses are allocated to the other project. • We understand the owner would like to replace the existing underground storage tank with a new aboveground fuel storage tank. This proposal includes a mechanical design for a new aboveground fuel storage tank for the school and the intermediate piping to connect it to the school heating system. • This proposal anticipates you will provide a CAD site plan of the existing tank locations and school exterior for us to use. • A 95%review submittal and construction document submittal are included in this proposal. Since this is a simple and fast-paced project,we do not anticipate intermediate submittals will be necessary. Specifications will be sheet style. Exclusions: • • • We have not included construction phase services(bid phase assistance, submittal review, DCVR review/response,construction inspections,O&M manual review,and preparation of record drawings based upon contractor generated mark-ups)at this time. We propose to provide those services on an"as needed"basis at our approved hourly rates. • Design for decommissioning or removal of the existing tanks and permitting by DEC is not included. This proposal anticipates the team environmental consultant will handle all DEC correspondence and approvals. • Design of the tank foundation and seismic restraint is not included. ANCHORAGE 2522 Arctic Boulevard Suite 700 ' Anchorage,AK 99503-2516 • p907.276.0521 ' !907.276.1751 WASILLA 191 E.Swanson Avenue,Suite 101 • Wasilla,AN 99654 • p9O7,357.t521 ' i 907.357.1751 ww.v.rsa-ak com • Page 22 of 294 Approval of Change Order No. 6 Amending Contract No. FY2014-... AGENDA ITEM #13.A.1. September 30,2013 Page 2 RSA proposes the following lump sum fees for this project: Phase Mechanical LS Site Visit $1,000.00 95%Design 3,800.00 Construction Documents 1,200.00 Total $6,000.00 Please review and advise if this proposal is acceptable by signing below and returning a copy to our office as our notice to proceed. We look forward to working with you on this project. Sincerely, Mark R.Frischkorn, P.E. Vice President MRF/mma 13-0647/P13-309 Accepted for Jensen Yorba Lott Page 23 of 294 Approval of Change Order No. 6 Amending Contract No. FY2014-... AGENDA ITEM #13.A.1. December 2.2013 Proposal Jensen Yorba Lott, Inc. 522 W. 10th St. Juneau,Alaska 99801 Attention: Tony Yorba Project Manager Re: Proposal to Investigate and Close the Chiniak School Underground Storage Tanks Dear Mr.Yorba: Thank you for requesting a cost estimate to investigate and close two underground storage tanks (USTs)at the Chiniak School for the Kodiak Island Borough(KIB). You requested the estimate to include the development of decommissioning specifications, field screening- and collecting confirmation sampling. We also included the cost of the closure report. Travis/Peterson Environmental Consulting. Inc. (TPECI) proposes to assist with removal of a 500-gallon UST and the closure in-place of a 12,000-gallon UST in accordance with Alaska Department of Environmental Conservation(ADEC)regulations(18 AAC 78.090). Before tank decommissioning begins. TPECI will coordinate the work with the ADEC. After the 500-gallon tank is removed_TPECI personnel will screen soils with a photo-ionization detector (PID) and collect confirmation samples from beneath the tank and piping in accordance with procedures described in the ADEC UST Procedures Manual. All samples will be collected by personnel who meet ADEC Qualified Person criteria. For closure in place. TPECI proposes to collect a number of samples (based on the tank footprint) to determine the existence and extent of possible contamination. Following ADEC regulations, excavations will be made to a depth no deeper than 2 feet from the bottom of the tank and within 5 feet from the side of the tank. Soils will be screened using a PID and analytical samples will be collected for con ti rtn at ion. TPECI will submit all soil samples to an ADEC-approved laboratory for diesel range organics, residual range organics, gasoline range organics, benzene, toluene, ethyl benzene, and xylenes (collectively referred to as BTEX), and poly-aromatic hydrocarbons analysis. Our staff will also complete an ADEC Laboratory Data Review Checklist after the analyses are complete After the tanks are closed. TPECI will submit tank closure notifications to the ADEC and Tank Removal Page 24 of 294 Approval of Change Order No. 6 Amending Contract No. FY2014-... AGENDA ITEM #13.A.1. Jensen Yorba Lott,Inc. December 2,2013 Chiuiak School UST Decommissioning Proposal Page 2 Reports to the ADEC, K113. and Jensen Yorba Lott, Inc. (JYL). After the project is complete, TPECI will produce a letter report for K ID which summarizes the entire project, including all screening and sampling efforts and including all laboratory dabs. TPECI understands that contaminated soil may be identified and excavated during UST removal and closure. That soil will be temporarily stockpiled after the tank is removed. All stockpiled material will be screened and sampled in accordance with ADEC May 2010 draft field sampling guidance. At this time- it is impossible to predict the volume of soils that may be excavated and the number of analytical samples needed to characterize the stockpile. However- TPECI provided a rough cost estimate for soil sampling. If sampling identities soil contamination above the ADEC cleanup levels at either of the tank locations, the ADEC would be notified of the findings. ADEC may require a Corrective Action Plan detailing remedial efforts for the site. TPECI can complete the scope of work described above for a price not to exceed $27,055. A line-item cost estimate can be seen in"fable I below. Table I: Chiniak Site Investigation and Sampling Costs _ Deliverables Decommissioning Specifications 30 hours $130 per hour $3,900 Work Plan Preparation 32 hours $130 per hour $4,160 Site Assessment/Sampling Report 40 hours $130 per hour $5,200 Onsite Activities and Support _Air Fare(Kodiak) I flight(round trip) $1,000 per flight $1,000 Staff Scientist 24 hours $130 per hour $3,120 Project Manager 5 hours $175 per hour $575 Laboratory Samples $7,000 Per Diem 4 days $75 per day $300 Accommodations 3 nights $200 per night $600 Car Rental 4 days $90 per day $360 Supplies/Sampling Equipment Rental $540 Total$27,055 Work will be billed on a time-and-materials. Due to uncertain weather and travel conditions between Anchorage and Kodiak, there is always the possibility that personnel may he delayed. The TPECI rate for delayed personnel is$1,200 per day. Thank you f o r this opportunity to propose our services, I f We can he of any further assistance, please contact our office. Sincerely, Michael Carlson Staff Engineer CC by email: Man Gandel, Kodiak Island Borough Travis/Peterson Environmental Consulting, Inc. Page 25 of 294 Approval of Change Order No. 6 Amending Contract No. FY2014-... AGENDA ITEM #13.A.1. Kodiak Island Borough c ��'.'� ,��,i#g, , Engineering& Facilities Department t� Projects Office �..y 710 Mill Bay Road rk,� Arm, : Kodiak,Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 Date: February 6,2014 To: Mayor and As m¢ly CC: Bud CassidyiYfnager From: Matt Gandel, Project Manager/Inspector /16-- RE: Chiniak UST Replacement Project At the work session on January 30, 2014, some questions were asked on the budget for the Chiniak UST Replacement project,and I wanted to follow up with some additional information. Current Project Budget The current approved budget for the project is $169,751. This budget is a combination of the approved budgets for two projects: Chiniak School Soil Remediation (#10017) and Chiniak Remove UST (#11003). The original plan was for the remediation project to include removing an existing leaking 500 gallon UST, install a replacement aboveground tank that would provide fuel for the school emergency generators,and remediate the contaminated soil.The UST project would include decommissioning the two remaining UST's and installing a new aboveground tank to provide heating fuel to the school. The budgets for both these projects were compiled using the Alaska Department of Education and Early Development cost model, and when staff began discussing these projects in detail it quickly became evident that the cost model is not accurate for projects of this type,nor did these estimates take into account other factors that have an effect on total cost(inflation, admin costs, etc.). Originally budgets were created to do UST projects at Karluk, Port Lions, Main Elementary, and Kodiak Middle School. The combined total of these budgets was $309,330. When it became obvious that the individual budget amounts would not be sufficient they were combined into one project labeled Island Wide UST.The first project to be completed under the umbrella of the new project was Karluk, and that project required an additional $95,304 above and beyond the total combined budget for four projects to complete. Of the $169,751 total budget, $121,877 has been previously expensed on just the remediation portion of the project. Since the remaining balance would not be adequate for the design, Page 26 of 294 Approval of Change Order No. 6 Amending Contract No. FY2014-... AGENDA ITEM #13.A.1. construction, and administration of the UST project, staff planned to use funds available in the Fund 469 Renewal and Replacement Contingency fund to make up the difference. There is currently$1,719,090 available in this contingency fund. Comparable Design/Construction Costs While we do not have a current estimate of the construction cost for the project, we can use the UST project completed in Karluk in 2013 as a basis for a comparable cost. We received four bids for construction for the Karluk project, ranging from$297,000 to $382,000.The final cost of the project in Karluk was over$400,000,broken down as follows: Site Investigation $6,302 Construction $300,209 Design $33,671 Equipment $41,345 Admin $23,107 TOTAL $404,634 The scope of work for the Chiniak project is less than the Karluk project and has the added advantage of being on the road system,so we expect the construction bids to be less. Below is an anticipated budget for the entire project: Construction $245,000 Design $58,000 Equipment $22,000 Admin $19.000 TOTAL $344,000 The budget amount shown above would be combined with the $121,877 already expensed, making the anticipated total for the work in Chiniak$465,877. As discussed at the work session, the total design cost for Chiniak is substantially higher than that for Karluk because the ADEC required decommissioning plan, soil sampling, and final report are included as a design cost. For the Karluk project they were included in the bid package and performed by the successful low bidder as part of the construction contract. During a post- project review,staff decided in the future it would be more advantageous from a cost and control standpoint to include these tasks as a design cost. Including these tasks as part of the design contract allows us to negotiate initial cost and avoids the higher markup typically included in general contractor bids. Taking those items out of the cost for Chiniak shows that the anticipated design cost for Chiniak would be $27,000, versus $33,671 for Karluk. We are required by ADEC to complete these items as part of this project,and it is staff's opinion that it is more cost effective to include them as a design cost rather than construction cost. Page 27 of 294 Approval of Change Order No. 6 Amending Contract No. FY2014-... AGENDA ITEM #13.A.2. KODIAK ISLAND BOROUGH 'a^P ~? AGENDA STATEMENT jt °a% FEBRUARY 6, 2014 0 Assembly Regular Meeting TITLE: Approval of Change Order No. 8 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Concept Design for the Womens Bay Emergency Shelter Project. ORIGINATOR: Matt Gandel FISCAL IMPACT: Yes 49,868 FUNDS AVAILABLE: Yes Account Number: 430-530 452-140 Amount Budgeted: 150,000 10032.4 SUMMARY STATEMENT: Kodiak Island Borough has a term contract with Jensen Yorba Lott, Inc. (JYL) for architectural and engineering services. This change order will authorize JYL to proceed with predesign and conceptual design for the Womens Bay Emergency Shelter project. The scope of this project is construction of a 3,500 square foot building attached to the existing Womens Bay Fire Hall that will serve as an emergency shelter for Womens Bay residents and visitors. KIB has received two grants for this project- a Alaska Designated Legislative Grant for $1,025,000 and a U.S. Department of Housing and Urban Development(HUD) grant for $475,000. Additionally, the Womens Bay Fire Department has unreserved fund balance available to help with project costs if necessary. This change order will authorize JYL to proceed with predesign and concept design. Predesign will include a site visit and survey, and concept design will include a completed environmental assessment, conceptual design with narrative, and statement of probable cost. The environmental assessment work is a requirement of the HUD grant. JYL will enlist the services of electrical, mechanical, structural, and civil engineers in completing the concept design. RECOMMMENDED MOTION: Move to authorize the Manager to execute Change Order No. 8 Amending Contract No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering Services Term Contract in an amount not to exceed$49,868. Kodiak Island Borough Page 28 of 294 Approval of Change Order No. 8 Amending Contract No. FY2014-... AGENDA ITEM #13.A.2. KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD KODIAK,ALASKA 99615 Contract No. 2014-13 Change Order No. 8 Project Name,Number&Location Amount of Contract&Change Order Womens Bay Emergency Shelter 430-530 45 2.140 10032.4 Original Contract S Tenn Contract Previous Changes $ 191,602.00 Contractor Jensen Yorba Lott,Inc. This Change S 42.868.00 Adjusted Contract S 241,470.00 Description of Change Cost Provide predesign and concept design work for the Womens Bay Emergency S 49,868.00 Shelter project on a time and materials basis.Deliverables will be completed survey,environmental assessment,concept design with narrative,and statement of probable cost. , The time provided for completion of the contract is( unchanged)(U increased)(U decreased)by 0 calendar days. This document shall become an amendment to the contract and all(p/rovisions of the contract will apply thereto. Accepted By: (bps ` v�� N(�/ ' lr'I Date ( Z 5 ¢ Contra tor' eprese native t� Recommended: Date Engineering/Facilities Director Finance Director Approved By: Attest: Date Manager(Less Than S10.000—Total Borough Clerk far all change orders on this contract) If the change order or orders exceeds ten thousand(10,000)dollars,it will require the signatures of: A. The mayor and deputy presiding officer; B. The mayor and one(I)assembly member in the absence of the deputy presiding officer; C. The deputy presiding officer and one(I)assembly member in the absence of the mayor;or D. Any two(2)assembly members in the absence of the mayor and deputy presiding officer. Approved By: Date Mayor Deputy Presiding Officer Revised by MIS 0694t06 Page 29 of 294 Approval of Change Order No. 8 Amending Contract No. FY2014-... AGENDA ITEM #13.A.2. Jensen ■n Yorba Lott Inc. ® MEMORANDUM serving A la ktr Since 1935 Date: 1/23/2014 To: Matt Gandel From: Tony Yorba RE: Woman Bay Emergency Shelter Scoping statement CC: As you know.Jensen Yorba Lott has been selected to provide design. bidding.and construction services for the A\Iontans Bay Emergence Shelter addition to the existing lire hall in that community. The project is funded from a direct legislative grant.as well as a federal grant through Housing and Urban Development(I IUD).The I-IUD grant in particular requires that very specific design products he provided.Asa result.JYL has assembled it design team to provide comprehensive design services necessary to meet the requirements of these grant agencies.The I first step in this process is to develop a conceptual design proposal which will describe the general scope of the project. The grant agencies will review this conceptual design for compliance with the grant stipulations. Working with KI13 and grant agency stall,vte have assembled lump suns fee proposals for the primary tasks that must he aeConr pl ished as part of the conceptual design process,.hey include the following: Site engineering survey: Kodiak surveyors St. Denny and Associates have provided property deli n i(ion. site. utility.building delnureat ion.topogography.and other site information. including research on natural resources requirements sueh as offsets from the creek adjacent to the project. Environmental Assessment: !IUD requires that the property subject to the grant be evaluated for a wide range of issues.ineluding natural resources,anthropological resources. hazardous materials.property ownership issues and a number of other matters.These issues are cataloged in an Environmental Assessment report and submitted to the grant agency for review and approval.The project cannot proceed without an affirmative response to this report by the grant agency, Cost Estimating:Team member Estimations Inc.has provided a fee for enst estimating services so that the grant agencies are assured that the proposed work will be accomplished within the limitations of the grant trading. Architectural design:JYI.will work directly with K113 project management staff to First catalog user needs.distill them into an architectural program_and then evaluate that various options for hoar the preferred program can best lit'our site and existing building.again staying within the limitations of the grants. Most of this work will he accomplished directly by JYL design architects. We have provided a ARCHITECTURE•INTERIOR DESIGN•CONSTRUCI'ION.AIANAGHAIIixI' 522 VEST Wm STREET JUNEAU,ALASKA 99801 (907)5061070 FAX 190715863959 www.jmsenyorhalott.com PACEt Page 30 of 294 Approval of Change Order No. 8 Amending Contract No. FY2014-.,, AGENDA ITEM #13.A.2. fee proposal Ior this conceptual design effbrL which includes coordinating and managing the efforts of the other design team members. The conceptual design is an outline of the characteristics of preferred Ihciliiv.The detailed design and systems characteristics will be relined and clarified to the level needed for construction later in the process. I low ever,there is a need during concept design for limited input from the other design team members.specifically structural. mechanical,electrical and civil engineers.This input sometimes includes design calculations on such matters as likely heating, power,and other utility loads and capacities of ex ist systems, general structural guidelines Iiir open bay spans for roof structures and implications of connecting such systems to the existing building.or recommendations for foundations systems applicable to the site Sometimes the input needed is in direct response to a design option that env not have been originally considered- for instance. in the case of this protect.whether a site septic intproventenl is needed for the existing building once the addition is included. Because these services are limited-and normally delivered on an "as t ceded"basis. we ITad it most cost elThelive to establish an hourly budget to draw from as reimbursement.This allots Iitr speed and efficiency during the conceptual design phase.The funds remain in the direct control of KI13. Our invoices identify the tasks perlbrmed and hours spent for the hourly portion of the project, and any funds not needed for the concept design phase remain in the control of KII3. We propose an hourly budget fur each of the consulting engineers(structural. mechanical.electrical and civil engineers)in the attached conceptual design fee proposal. It also shows the lump sum proposals for architectural-surveying, cost estimating and environmental assessment services. We Ilaye also attached the consultants fee proposals Ior the survey. EA.and cost estimating services. I lopctully this meets your needs.As always,we would he happy to modify this proposal or the approach in any way that helps you further meet your project goals. ARC II iECr ORE•ixTretot:DESIGN•CONS!14 L ICIOAAI1AiVGLMINT 522 VNair IOr"scREGT JUNEAU,ALASKA 99801 (909)586-1070 FAX(909)58(,3959 www.Hisenyorbalott.com PAGE 2 Page 31 of 294 Approval of Change Order No. 8 Amending Contract No. FY2014-... D t -o 0 v o_ 0 C o) DESIGN SERVICES PROPOSAL Jensen MEE QPRE-DESIGN SERVICES Y Lott ins CD Project: Woman Bay Fire Hall Emergency Shelter Inc ®■M Z O Architect Interior Design Construction Manage Drafter Exec A Cler A ACC. Do STAFF: PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL D $160 $125 $110 $100 $95 $85 $140 $110 $85 $120 $95 $90 $85 $75 $80 $40 $85 3 ARCHITECTURE: CD Project Management e LL Preparation 8 5 Code Analysis 4 programming 4 4 C) as-built J Concept Design 15 24 Final Report 4 4 O Submittal Z 0 m N • Subtotal Hours 44 0 0 0 0 0 0 0 0 0 0 0 24 0 0 0 8 76 Subtotal Dollars$ 2,040 0 0 0 0 0 0 0 0 0 0 0 2,040 0 0 0 680 9,760 CONSULTANTS: Engineering Surveying $11,410 Environmental Assessment $10,380 Structural Engineering $3,000 Mechanical Engineering $3,000 Electrical Engineering $3,000 Civil Engineering $3,000 Cost Estimating $2,672 ^�^ V! Subtotal $36,462 m N Overhead/Profit 10% $3,646 co Total $40,108 0 TOTAL PRE-DESIGN SERVICES FEE $49,868 n revised pre4esign concepts lee.xis-au vreues r 1/2.3/20114 ►I N m cD A J W Its N AGENDA ITEM #13.A.2. it St. Denny Surveying, Inc. Estimate PH Roc 388 Date Estimate# / IN Kodiak. .1K 996/; (907)4S 1-3300 12/2/2013 865 To: E- 113'menc Bah Fire Hall Project Description Qty Cost Total I:-SURVEY ESTIMATE FOR COMPREI IENSIVL DESIGN SURVEY- VVonlens Bay Fire Hall-Tract A Block 2 Lols I &2 Bells Hut •Rl?SEARCH I 8.430,00 8,430.00 •DI:ID mar •CONIPU'IAFIONS •FIELD LOCAIIiS—MONUMENTS •FIL=1,14 LOCATES IMPROVEMENTS •IOPOG RAPI IV •MAPPING 0rlicc- REVIEW 8 130.00 1,040.00 Orrice-Research-Title Search-Title Company I 900.00 900.00 Office-Title Search review 8 130.00 1.040.00 Sales Tax 6.00% 0.00 Total SI1,410.00 Signature Page 33 of 294 Approval of Change Order No, 8 Amending Contract No. FY2014-... D 0 a 0 v_ o_ C) 3 N COST ESTIMATE PER TASK 7 FIRM'.PND I PROJECT TITLE: Womens Bay Fire Hall Addition 0 (D TASK N0: 3 TASK DESCRIPTION: NEPA Documentation I DATE: 12/1612013 Q GROUP: METHOD OF PAYMENT: Fixed Fee PREPARED BY: LUG a SUB- LABOR HOURS PER JOB CLASSIFICATION N TASK NO. SUB-TASK DESCRIPTION Senior Senior Engr. Senior Engr. Senior Senior Env. Staff Eng IV Technician II Cad Designer Senior Land Land Total z Engr.VII VI III(NEPA) Env.II Scientist V Surveyor Surveyor I O - CO Prolec151anup/HUD Cddm. 2 1 8 2 1380 D NEPA Narrative 4 4 6 4 2190 Coot And Request for A00.In10 1 4 16 2340 3 Drat EA 2 2 10 4 2010 _ Revise and Final EA 2 2 8 1440 d Findings Preparation I - 8 1020 — - 7 • Co n TOTAL LABOR HOURS 12 0 0 14 54 0 2 8 0 0 510,38000 o •LABOR RATES(SIHR) 5180.00 $16500 0130.00 512000 3310500 $9500 575.00 $9000 510500 195.00 7 LABOR COSTS 5) 92,160 00 5000 6000 51680.00 $567000 $0.00 $150.00 $72000 5000_ $0.00 510.38000 EXPENSES 0 SUB- re- TASK NO ITEMS) UNIT UNIT PRICE QUANTITY PRICE TOTAL OZ $0 00 60 00 11 $0 00 N $0 00 O 50 00 ? $0.00 FIRM'S TOTAL COST OF LABOR(or Fixed Price): II 0.3130 IF CPFF,TOTAL INDIRECT COST @ S0 • TOTAL EXPENSES: SO FIRM'S TOTAL EXPENSES 50 SUB-CONTRACTORS: Firm Initials and Price Per Task FEE $0 FIRM: FIRM'S TOTAL COST(no Subcontracts or Fee) 510.380 AMOUNT: TOTAL SUBCONTRACTOR PRICES: St Total Estimate This Sheet $10,380 n G) 2 co 0 o y N) m CO A CO qt J W a N AGENDA ITEM #13.A.2. ®ESTIMATIONS December 24,2013 Tony Yorba Jensen Yorba Lott 522 West Tenth Street Juneau,AK 99801 Re'. Kodiak Womens Bay Fire Hall Emergency Shelter Addition Fee Proposal Tony, We can provide you with cost estimating services for this project for the fee,outlined below.We have based our proposal on your scope of work provided on 23SEC13. Plan on a two week turnaround for the estimate to be developed.Electronic documents(PDFs)will be adequate.You do not need to provide hard copy. Admin Estimator Sr Estimator Totals Item Rate 596.00 $80.00 $155.00 Concept Design Level-1 Design/Option Develop Estimate $0 $0 13 $2.015 13 52,015 QC SO $0 1 5155 1 $155 Production(2 Times) 2 $192 $0 $0 2 $192 Revision SO $0 2 3310 2 $310 Totals 2 3192 0 $0 16 $2,480 18 32,672 We look forward to working with you on this new project. Sincerely, Jay Lavoie President 1225 E.Intl Airport Road,Suite 205,Anchorage,Alaska 99518 (907)561-0790 ph 19071 563-8219 tax. Page 35 of 294 Approval of Change Order No. 8 Amending Contract No. FY2014-... AGENDA ITEM #13.A.2. KODIAK ISLAND BOROUGH CONTRACT CHANGE ORDER 710 MILL BAY ROAD KODIAK, ALASKA 99615 Contract No. 2014-13 Change Order No. 8 Project Name, Number& Location Amount of Contract& Change Order Womens Bay Emergency Shelter Original Contract Si erm Contract 430-530 452.140 10032.4 Previous Changes S 191,602.00 Contractor This Change S 49,868.00 Jensen Yorba Lott, Inc. Adjusted Contract S 241,470.00 Description of Change Cost Provide predesign and concept design work for the Womens Bay Emergency S 49,868.00 Shelter project on a time and materials basis. Deliverables will be completed survey,environmental assessment,concept design with narrative,and statement of probable cost. The time provided for completion of the contract is(®unchanged)(U increased)(U decreased)by 0 calendar days. This document shall become an amendment to the contract and all provisions of fthe 1contract will apply thereto. L/�' Accepted By: 1. 1. I V elk,� ♦ if \-0 9 Date ( s Z� • t I Contra tor'. 2eprese native Recommended: Date Engineering/Facilities Director Finance Director Approved By: _ Attest: Date Manager(Less Than$10.000-Taal Borough Clerk for all change orders on this contract) If the change order or orders exceeds ten thousand(10,000) dollars, it will require the signatures of A. The mayor and deputy presiding officer; B. The mayor and one(1)assembly member in the absence of the deputy presiding officer; C. The deputy presiding officer and one(1)assembly member in the absence of the mayor;or D. Any two(2)assembly members in the absence of the mayor and deputy presiding officer. Approved By: Date Mayor Deputy Presiding Officer Revised by MIS 06f 14106 Page 36 of 294 Approval of Change Order No. 8 Amending Contract No. FY2014-... AGENDA ITEM #13.A.2. Jensen ® Ir '. Yorba Lott =` ' " Inc. ® #'I " MEMORANDUM Serving Alaska Since 1935 Date: 1/23/2014 To: Matt Gandel From: Tony Yorba RE: Womans Bay Emergency Shelter Scoping statement CC: As you know. Jensen Yorba Lou has been selected to provide design, bidding, and construction services for the Womans Bay Emergency Shelter addition to the existing fire hall in that community. The project is funded from a direct legislative grant. as well as a federal grant through housing and Urban Development(HUD). The I-IUD grant in particular requires that very specific design products be provided. As a result.JYL has assembled a design team to provide comprehensive design services necessary to meet the requirements of these grant agencies. The first step in this process is to develop a conceptual design proposal which will describe the general scope of the project. The grant agencies will review this conceptual design for compliance with the grant stipulations. Working with KIB and grant agency staff, we have assembled lump sum fee proposals for the primary tasks that must be accomplished as pan of the conceptual design process. They include the following: Site engineering survey: Kodiak surveyors St. Denny and Associates have provided property definition. site,utility', building demarcation. topogography, and other site information. including research on natural resources requirements such as offsets from the creek adjacent to the project. Environmental Assessment: I-IUD requires that the property subject to the grant he evaluated for a wide range of issues, including natural resources, anthropological resources, hazardous materials, property ownership issues and a number of other matters. These issues are cataloged in an Environmental Assessment report and submitted to the grant agency for review and approval. The project cannot proceed without an affirmative response to this report by the grant agency. Cost Estimating: Team member Estimations Inc. has provided a fee for cost estimating services so that the grant agencies are assured that the proposed work will be accomplished within the limitations of the grant funding. Architectural design: JYL will work directly with KIB project management staff to first catalog user needs, distill them into an architectural program, and then evaluate that various options for how the preferred program can best fit your site and existing building,again staying within the limitations of the grants. Most of this work will he accomplished directly by JYL design architects. We have provided a ARCPIITEC IURE•INTERIOR tJhStGN•coNsrRucrtoN xiANAGH6m;NT 522 west 1o11I stRt'trr JUNEAU,ALASKA 99801 (9(17)586-1070 FAX(907)586-3959 wa m.jensenyorba tott.cent PAGE Page 37 of 294 Approval of Change Order No. 8 Amending Contract No. FY2014-... AGENDA ITEM #13.A.2. fee proposal for this conceptual design effort, which includes coordinating and managing the efforts of the other design team members. The conceptual design is an outline of the characteristics of preferred facility. The detailed design and systems characteristics will he refined and clarified to the level needed for construction later in the process. However, there is a need during concept design for limited input from the other design team members, specifically structural, mechanical,electrical and civil engineers. This input sometimes includes design calculations on such natters as likely heating, power, and other utility loads and capacities of existing systems.general structural guidelines for open bay spans for roof structures and implications of connecting such systems to the existing building, or recommendations for foundations systems applicable to the site. Sometimes the input needed is in direct response to a design option that may not have been originally considered- for instance, in the case of this project, whether a site septic improvement is needed for the existing building once the addition is included. Because these services are limited,and normally delivered on an "as needed" basis, we find it most cost effective to establish an hourly budget to draw from as reimbursement. .[his allows for speed and efficiency during the conceptual design phase. The funds remain in the direct control of KIB. Our invoices identify the tasks performed and hours spent for the hourly portion of the project, and any funds not needed for the concept design phase remain in the control of KIB. We propose an hourly budget for each of the consulting engineers(structural, mechanical,electrical and civil engineers) in the attached conceptual design fee proposal. It also shows the lump sum proposals for architectural,surveying, cost estimating and environmental assessment services. We have also attached the consultants fee proposals for the survey, HA, and cost estimating services. Hopefully this meets your needs. As always,we would be happy to modify this proposal or the approach in any way that helps you further meet your project goals. ARCIirrEcrURE•INTERIOR CSIGN•CONSr RUCs ION N A NAGLNIENT 522%%PST 10'''SfREIdr JUNEAU,ALASKA 99801 (907)586-1071)FAX(907)586-3959 www.jens?nyoiba tott.com PAGE 2 Page 38 of 294 Approval of Change Order No. 8 Amending Contract No. FY2014-... D D D 0 w 0 n DESIGN SERVICES PROPOSAL Jensen ®EE m Yorba �t®® co PRE-DESIGN SERVICES Lott +�' x+ra m Project: Woman Bay Fire Hall Emergency Shelter Inc ®®® O 0 CD Architect Interior Design Zonstruction Manage Drafter Exec A Cler A ACC Z STAFF: PMgr A-III A-II A-I Int III Int II ID-Ill ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL o $160 $125 $110 $100 $95 $85 $140 $110 $85 $120 $95 $90 $85 $75 $80 $40 $85 03 ARCHITECTURE: - > Project Management 8 NPreparation 8 n Code Analysis 4 a 5. programming 4 4 CO as-built 0 Concept Design 16 24 m Final Report 4 4 N Submittal 0 Z 0 T N) O_ A • Subtotal Hours 44 0 0 0 0 0 0 0 0 0 0 0 24 0 0 0 8 76 Subtotal Dollars$ 7,040 0 0 0 0 0 0 0 0 0 0 0 2,040 0 0 0 680 9,760 CONSULTANTS: Engineering Surveying 511,410 Environmental Assessment $10,380 Structural Engineering $3,000 Mechanical Engineering $3,000 Electrical Engineering $3,000 Civil Engineering $3,000 n 0 Cost Estimating $2,672 co cD Subtotal $36,462 0 n co Overhead/Profit 10% $3,646 0 Total $40,108 CND TOTAL PRE-DESIGN SERVICES FEE $49,868 3 a a dl revised pPre-Lies esign concepts tee.xis-lU Pre- es 1 1/13/i 14 w a N AGENDA ITEM #13.A.2. St. Denny Surveying, Inc. Estimate PO Box 388 Date Estimate# \ Kodiak, AK 996/ (907) 481-3500 12/2/2013 865 To: E - hYomens Bay Fire Hall Project Description Qty Cost Total E- SURVEY ESTIMATE FOR COMPREHENSIVE DESIGN SURVEY- Womens Bay Fire Hall-Tract A Block 2 Lots I & 2 Bells Hat •RESEARCH I 8,430.00 8.430.00 •DEED PLOT -COMPUTATIONS •PILI,D LOCATES—MONUMENTS •FIELD LOCATES IMPROVEMENTS •TOPOGRAPHY •MAPPING Office- REVIEW 8 130.00 1.040.00 Office- Research - Title Search -Title Company I 900.00 900.00 Office- Title Search review 8 130.00 1,040.00 Sales Tax 6.00% 0.00 Total 511,410.00 Signature Page 40 of 294 Approval of Change Order No. 8 Amending Contract No. FY2014-... D a a 0 N COST ESTIMATE PER TASK FIRM: PND I PROJECT TITLE: Womens Bay Fire Hall Addition C) TASK NO: 3 TASK DESCRIPTION: NEPA Documentation DATE: 12/1612013 0" N GROUP: METHOD OF PAYMENT: Fixed Fee PREPARED BY: LMG 7 (D D SUB. LABOR HOURS PER JOB CLASSIFICATION O TASK NO, SUB.TASK DESCRIPTION Senior Senior Engr. Senior Engr. Senior Senior Env. Staff Eng IV Technician II Cad Designer Senior Land Land Total Engr.VII VI III(NEPA) Engr.II Scientist V Surveyor Surveyor I Q N Z 1 Project Startup/HUD Coord. 2 2 6 2 1380 O 2 _NEPA Nairative 4 4 6 4 2190 3 Coord.And Request for Add.Info. 1 4 16 2340 4 Diall EA 2 2 10 4 2010 5 Revise and Final EA 2 2 8 1440 (D 6 Findings Preparation 1 8 1020 n Q (5 TOTAL LABOR HOURS 12 0 0 14 54 0 2 8 0 0 $10,380.00 •LABOR RATES($IHR) $180.00 $165.00 $13000 $120.00 $10500 $95.00 $7500 $90.00 $105.00 $95.00 O LABOR COSTS($) $2,160.00 $0.00 $0.00 $1680.00 $5,670.00 $0.00 $150.00 $720.00 $0.00 $0.00 $10,380.00 EXPENSES n TOTAL SUB- ITEM(S) UNIT UNIT PRICE QUANTITY TASK NO. PRICE Z 1 $000 b 2 $0.00 'Ti 3 $0.00 { 4 $0.00 N _ O 5 $0.00 A 6 $000 FIRMS TOTAL COST OF LABOR(or Fixed Price): $10,380 IF CPFF,TOTAL INDIRECT COST @ $0 TOTAL EXPENSES: $0 FIRM'S TOTAL EXPENSES $0 SUB-CONTRACTORS: Firm Initials and Price Per Task FEE $0 FIRM: FIRM'S TOTAL COST(no Subcontracts or Fee) $10,380 AMOUNT: TOTAL SUBCONTRACTOR PRICES: $0 Total Estimate This Sheet $10,380 n 0 2 A J.6 N mCO A It -a la N AGENDA ITEM #13.A.2. ESTIMATIONS December 24, 2013 Tony Yorba Jensen Yorba Lott 522 West Tenth Street Juneau,AK 99801 Re: Kodiak Womens Bay Fire Hall Emergency Shelter Addition Fee Proposal Tony, We can provide you with cost estimating services for this project for the fee,outlined below.We have based our proposal on your scope of work provided on 23SEC13. Plan on a two week turnaround for the estimate to be developed. Electronic documents(PDFs)will be adequate. You do not need to provide hard copy. Admin Estimator Sr Estimator Totals Item Rate 896.00 $80.00 8155.00 Concept Design Level -1 Design/Option Develop Estimate $0 SO 13 $2,015 13 S2,015 QC $0 SO 1 $155 1 $155 Production (2 Times) 2 $192 $0 $0 2 5192 Revision $0 SO 2 5310 2 8310 Totals 2 5192 0 SO 16 S2,480 16 82,672 We look forward to working with you on this new project. Sincerely, +117‘41)( Jay Lavoie President 1225 E.Intl Airport Road.Suite 205,Anchorage,Alaska 99518 (907)561-0790 ph. (907)5638219 fax. Page 42 of 294 Approval of Change Order No. 8 Amending Contract No. FY2014-... AGENDA ITEM #13.A.3. Professional Services Agreement with McCarty and Associates for Fisheries Analyst Consulting and Related Services This AGREEMENT, made and entered into this 7thth day of February, 2014 by and between the KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to as the "Borough", the CITY OF KODIAK, organized under the laws of the State of Alaska, hereafter referred to as the "City" and MCCARTY AND ASSOCIATES a sole proprietor company authorized to do business in Alaska, with offices located at Juneau, Alaska, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the Borough and City wish to enter into a contract with an independent contractor to monitor, analyze and report on fisheries issues and policy developments that may impact or affect the economy and community in Kodiak, Alaska; and WHEREAS, in response to a request for proposals, Contractor submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A— McCarty &Associates proposal dated January 21, 2014 Exhibit B—Borough and City's request for proposals 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the Borough and City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "Borough" shall mean the Kodiak Island Borough, Alaska. 1.4 "Borough/City Fisheries Work Group" is a sub-committee of the Borough Assembly and City Council consisting of three Assembly members and three Council members (KIB Assembly Resolution FY2013-32). 1.5 "City" shall mean the City of Kodiak, Alaska. Page 1 of 10 C:\userslbcassldy\AppData\Lccatwicroso)t\Windows\Temporary Internet Files\Content.Outiook0(LVLIJT31Prolessional Services Agreement Fisheries Analyst•McCarty(2)(2)(3).doc Page 43 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. 1.6 "Contracting Officers" shall mean Borough Manager and the City Manager, and include any successor or authorized representatives. 1.7 "Contractor" shall mean McCarty and Associates. 1.8 "Fisheries Analyst Services" shall include monitoring, analyzing, and reporting to the Borough and City on fisheries issues and policy developments that may impact or affect the economy and communities with the City and the Borough, as further described in the Borough's and City's request for proposals (Exhibit B) and Contractor's proposal (Exhibit A). 2.0 TERM OF AGREEMENT. This Agreement shall take effect on February 7, 2014. This Agreement shall remain in full force and effect for two years expiring on February 6, 2016. This Agreement may be extended for two one year options to extend upon approval by the Borough, City and Contractor. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. Contractor will be paid $5,000 per month, at the beginning of each month, and reimbursed for reasonable travel-related costs including airfare, local transportation, lodging and per diem for meals based on the current US Govemment Services Administration (GSA) agency schedule. The Contractor will submit monthly invoices, detailing work and expenses incurred. The Borough and City will each pay one half of each accurate monthly invoice. 4.0 SCOPE OF SERVICES. The Borough, City, and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide Fisheries Analyst Services based on approved standards and instructions [as specifically described in Exhibits A and B.] When available, Contractor will also attend local meetings of the Kodiak Fisheries Advisory Committee (KFAC) and the Kodiak Regional Aquaculture Association (KRAA). Attendance at other meetings may be requested by the Borough/City Fisheries Work Group. Additional Contractor fee for additional meetings (if any) must be agreed to, in writing, and approved by the Borough/City Fisheries Work group. This Scope of Services can only be changed in writing pursuant to Section 25.0 of this Agreement. Page 2 or 10 C:\users\bcassidy1AppOata\LocaPMicrosotPWindows\Temporary Internet Files\Content.OWlook1X4VLIJT3\Professional Services Agreement Fisheries Analyst.McCarty(2)(2)(3).doc Page 44 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. 5.0 REPORT SCHEDULE. Written quarterly reports shall be provided to the Borough and City within 30 days following the end of each calendar quarter. Contractor shall also report, written and/or oral, to the Borough/City Fisheries Sub-committee after each fisheries meeting attended and attend Borough/City Joint Work Sessions when requested by the Borough/City Fisheries Sub- committee. Joint work sessions are anticipated to occur on a quarterly basis. 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Fisheries Analyst Services provided by the Contractor will be performed by: Heather McCarty 6.2 Changes in Key Personnel. The Contractor shall give the Borough and City, through notice to the Contracting Officers, reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough and City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to use its best efforts to provide Fisheries Analyst Services. The Contractor accepts the relationship of trust and confidence established between it and the Borough and City by this Agreement. The Contractor covenants with the Borough and City to furnish its best skill and judgment. The Contractor shall provide all services in a competent manner. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the Borough, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the Borough and City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this Agreement, including attorney fees and costs. The Contractor is not required to indemnify, defend, or hold harmless the Borough or City for a claim of, or liability for, its (the Borough or City, as applicable) independent negligent acts, errors, and omissions. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor Page 3 of 10 C:\Users\ cassldyWppData\Loca(wlcrosok\WIndows\Temporary Internet Files\Content.OutlookIXLVLUT3\Protesslonal Services Agreement Fisheries Analyst•McCarty(2)(2)(3).doc Page 45 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. and the Borough and City, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor", "Borough" and "City" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough and City means negligence other than in the Borough's and City's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractors work. 11.0 INSURANCE. The Contractor understands that no Borough or City insurance coverage, including Workers' Compensation, is extended to the Contractor while completing the services described in this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement until the Contractor provides the Borough and City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. Borough and City are additional insured thereunder as respects liability arising out of or from the work performed by Contractor. b. Borough and City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against Borough and City and their employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the Borough and City. Upon request, Contractor shall permit the Borough and City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be subject to revision at the Contracting Officers' request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. Page of 10 C:\Users\bcassidyiAppDatatocanMicrosoMWIndows\Temporary Internet Files\Content.Outlookl LVLWT31Professlonal Services Agreement Fisheries Analyst-McCarty(2)(2)(3).doc Page 46 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Borough and City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the Borough and City hereunder, be delivered to the Borough and City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the Borough and City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the Borough and City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever(including attomeys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the Borough and City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the Borough, City or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Contractor shall comply with all federal and state statutes, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. Page 5 of 10 C:\Users\bcassldy Appoata'LocalV.ticroson\windows\Temporary Internet Files\Content.Outlockl(LVLIJT31Professlonal Services Agreement Fisheries Analyst S McCarty(2)(2)(3).dac Page 47 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by any party upon ten (10) days written notice if another party fails substantially to perform in accordance with its terms. If the Borough or City terminates this Agreement, they will pay the Contractor a sum equal to the percentage of work completed and accepted that can be substantiated by the Contractor, offset by any amounts owed to the Borough or City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. Any party may at any time terminate or suspend this Agreement upon 30 days' prior written notice to each of the other parties, for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Following receipt of a Notice of Termination or suspension and except as otherwise directed by the Contracting Officers, the Contractor shall: a. perform only work authorized under this Agreement through the termination or suspension date and to the extent specified in the Notice; and b. deliver in the manner, at the times, and to the extent directed by the Contracting Officers, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during Page 6 of 10 C:\Users bcassidy\AppData\LocanMicrosofl\Windows■Temporary Internet Files\Content.OPllook U(LVLIJT3\Prolessional Services Agreement Fisheries Analyst-McCarty(2)(2)(3).doc Page 48 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officers. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the Borough or of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage or Kodiak, Alaska. 25.0 CHANGES IN SCOPE OF WORK. 25.1 General. Additional services not specifically provided for in this Agreement will not be compensated. 25.2 Changes in Scope of Work. The Contracting Officers may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work to the extent authorized by Borough and City appropriations. 25.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of Page 7 of 10 C:\Users\bcassldyMppDala\ocaMticrosofoWIndows\Temporary Internet Files\Content.Oullooh U(LVLIJT3\Prolessimal Services Agreement Fisheries Analyst-McCarty(2)(2)(3).doc Page 49 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid;and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 25.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the Contracting Officers, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 2540 of this Agreement. 26.0 LIMITATION OF FUNDS. 26.1 At no time will any provision of this Agreement make the Borough or City liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the Borough Assembly (for the Borough) or City Council (for the City) and obligated for expenditure for purposes of this Agreement. 26.2 Change orders issued pursuant to Section 25 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 26.3 Nothing in this Section shall affect the right of the Borough and City under Section 17 to terminate this Agreement. 27.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the Borough and City before execution of this Agreement, if any, shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. Page 8 of 10 C9 Users\bcassldy WppData\LocaI\Microsoft\Windows 1Temporary Internet Files\Content.Outlook'XLVLIJT3\Professional Services Agreement Fisheries Analyst-McCarty(2)(2)(3).doc Page 50 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. 28.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties by electronic mail or by United States mail, postage paid, to the addresses noted below: Kodiak Island Borough McCarty and Associates Attn: Borough Manager Attn: Heather McCarty 710 Mill Bay Road, Room 125 1537 Pine Street Kodiak,AK 99615 Juneau,AK 99801 bcassidv@kodiakak.us hdmccartv@4mail.com City of Kodiak Attn: City Manager 710 Mill Bay Road Kodiak, AK 99615 akniaziowski@citv.kodiak.ak.us Page 9 of 10 C:\Users\bcassldyMppData\Locat\MIcrOSOMWIndows\Temporary Internet Files\Contenl OutlaokV(LVLIJT3\Prolessional Services Agreement Fisheries Analyst-McCarty(2)(2)(3).doc Page 51 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. IN WITNESS WHEREOF,the parties have executed this Agreement. Kodiak Island Borough McCarty y and Associattess ��/,, By: Charles E. Cassidy, Jr. By: Heather McCarty J Title: Borough Manager Title: Owner Vst` '/,/ Date: Date: 7 ATTEST: Nova Javier, MMC Borough Clerk (Borough seal) City of Kodiak By: Aimee Kniaziowski Title: City Manager Date: ATTEST: Debra Marler, MMC City Clerk (City seal) Page 10 of 10 Macintosh HD:UsersMaathemrccarty.Lmrary:Mall Downloads:Professional Services Agreement Fisheries Analyst.McCarty(2) (2).doc Page 52 of 294 Contract No. FY2014-26 Professional Services Agreement for F... 0 0 0 Alaska Business License p 1000433 cn 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 o' cn MCCARTY AND ASSOCIATES 0 3' 1537 PINE ST. JUNEAU AK 99801 CD 0 owned by m HEATHER MCCARTY m 3 m ois licensed by the department to conduct business for the period -r1 January 29,2014 through December 31,2014 for the following line of business: 54-Professional, Scientific and Technical Services This license shall not be taken as permission to do business in the stale without OF Tg having complied with the other requirements of the laws of the State or of the United States. cF L, Sf��' This license must be posted in a conspicuous place al the business location. y7 • 7 0. - ;M It is not transferable or assignable. m Susan K Bell Commissioner m ? �y` w t.,t,y,e' t� ALAS,r N 1 T Fri to w AGENDA ITEM #13.A.3. KODIAK ISLAND BOROUGH -• AGENDA STATEMENT �'�p FEBRUARY 6, 2014 xA -47 OV.. Assembly Regular Meeting TITLE: Contract No. FY2014-26 Professional Services Agreement for Fisheries Analyst Consulting and Related Services. ORIGINATOR: Bud Cassidy FISCAL IMPACT: Yes FUNDS AVAILABLE: Yes Account Number: 100-160-430-140 Amount Budgeted: 30,000 SUMMARY STATEMENT: The Joint Fisheries Work Group met on Monday, January 27 and discussed the RFPs. After review, they wish to make a recommendation for the Assembly and City Council to offer the contract to Ms. Heather McCarty of McCarty and Associates of Juneau, Alaska. The Assembly and City Council are scheduled to meet during a joint work session on Thursday, January 30 to discuss this further. Both governing bodies would have to approve the contract separately. At the time the Assembly packet is being put together, the Borough Manager is negotiating the contract with Ms. McCarty. Provided as backup are the RFP and the previous Fisheries Analyst's contract. The contract will be made available to the Assembly before its regular meeting. Since this is a joint contract, expenses are split 50/50 with the City of Kodiak. The term of the contract is two years with two one-year options to extend. The RFPs received are confidential and are available to the Mayor and Assembly in the Office of the Borough Clerk. They will become available to the public once a contract is awarded. RECOMMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2012-15 with Heather McCarty of McCarty and Associates of Juneau, Alaska for fisheries analyst consultant services in an amount to exceed $60,000 plus reimbursible expenses (travel, lodging and per diem). Kodiak Island Borough Page 54 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. Request for Proposals: FISHERIES ANALYST 1, AUTHORITY A. The authority to issue this Request for Proposal(RH') is granted under KIBC 3.30.110 Competitive sealed proposals—Negotiated procurement. 2. PURPOSE AND INTENT A. It is the primary intent of this RFP is to select a qualified firm or individual to act as a Fisheries Analyst. The Fisheries Analyst will work jointly for the local governments of Kodiak Island: the Kodiak Island Borough(KIB)and the City of Kodiak(City). The selected proposer will enter into a term contract for a period of two years with options for two additional one year extensions. The term contract will include a six month initial review to ensure an understanding of the Scope.The contract will also include a termination clause by either party with a 30 day notice. B. The work shall be performed in compliance with all applicable federal, state and local requirements.The KIf3 and City require all work to he performed efficiently,cost effectively,and according to best business practices of the industry, 3. 13AC KG RO I INDISI TI I All ON The economy of the Kodiak region is based on a health',diverse and well- managed fisheries resource that includes more than 30 species of fish harvested and processed onshore.The Kodiak region comprises all fisheries user groups-- subsistence,ssportftsh,commercial sport fish, personal use,commercial fish,the processing sector, fisheries research and protection sectors,and the fishing industry support sector. Policy development and regulatory management in the Kodiak region is challenging because of the need to address such diverse and competing concerns as species fished,vessel size, type, limited entry permits,quota share,limited license permits, and crew share interests. 4. SCOPE(aim or purpose) The primary role of the Fisheries Analyst will be to monitor,analyze and report on fisheries issues and policy developments that may impact or affect the economy and community of Kodiak. A. Monitor actions and pendino decisions of regulatory bodies such as the NOAA/National Marine Fisheries Service,the State of Alaska Department of Fish and Game,and International Pacific I-halibut Commission to anticipate regulatory actions that could impact Kodiak's economy, 13. Attend meetings of the North Pacific Fisheries Management Council.State of Alaska Board of Fisheries,and other Fishery meetings as directed,to Page 55 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. provide a summary of issues,discussion and actions to the Assembly/City Council that could impact Kodiak's economy. C. Provide written quarterly report to both the Borough Assembly and the City Council and make presentations at joint Borough Assembly/City' Council work sessions. Reporting should include discussions or updates of-ongoing concerns,introductions of proposed changes,and a summary of work performed since the previous report. D. Prepare analyses of potential impacts of proposed regulatory changes on the Kodiak economy. F. Provide information to Assembly/Council to analyze and understand issues based on facts and from a neutral point of view,and to make decisions or develop positions on issues affecting or impacting the economy and people of Kodiak. F. The successful proposer should possess the following qualifications: I.An understanding of local and regional fisheries to include species, vessel and gear types, fisheries user groups--subsistence,sport fish, commercial sportftsh,personal use and commercial fish, and the processing sector. 2. A thorough understanding of the State constitution regarding Alaska's fisheries and all state and federal fisheries laws and regulations. 3. An understanding of fisheries resource management issues and how they affect Kodiak's seafood industry and economy. 4. Documented recent experience in state and federal fisheries resource management processes. 5.Current or recent involvement in the fisheries regulatory process in both the State and Federal environment. specifically'the North Pacific Fisheries Management Council, IPFIC and AK Department of Fish and Game. Board of Fish. 6. Familiarity with the Magnuson Stevens Act and how the national standards pertain to community fisheries. 7. Ability to communicate effectively with local government bodies and to provide written reports both to and on behalf of the governing bodies. R.The ability to remain neutral on divisive issues. 9. The ability to work well with boards and commission at the federal, state and local levels. 10.Ability to provide applicable insurance coverage,such as workers' compensation,commercial automobile liability'and professional liability. I I. Possession of a State of Alaska Business License. Page 56 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. In the event that the proposer does not possess the above qualifications, the proposer must include a plan for addressing the lack of experience or qualification. Additionally, if a proposer possesses a perceived conflict of interest,the proposer must also include a discussion about how the conflict of interest will be avoided G. The successful proposer will enter into a professional services contract that must be approved by the Kodiak Island Borough Assembly and Kodiak City Council. S. REQUIRED INFORMATION A. Proposals must include: • Transmittal Letter • Implententat ion Plan • Company Profile • Experience • Credentials • Proposed Fee • References • Ability to provide applicable insurance coverage 6. PROPOSAL PROCESS A. Proposals will be accepted until 3:00 PM on Tuesday.January 21,2014. It is the proposer's responsibility to deliver proposals to: Kodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak,AK 99615 (907)486-9301 Faxed and electronic proposals will not be accepted. B. Proposals must be clearly marked: FISHERIES ANALYST SERVICES PROPOSAL Provide six unbound copies of the proposal. Page 57 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. C. Evaluation Methodology:Each proposal will he evaluated according to criteria and given the relative weight shown in the table below. I -e,EVALUATION CRITERIA s-fr= i». � RELATIVE WEIGHT. PROPOSED RATES 25% QUALIFICATIONS/EXPERIENCE 25% IMPLEMENTATION PLAN 25% REFERENCES 15% OVERALL QUALITY OF PROPOSAL 10% A recommendation of the top respondent will be made based on the results of reference checks,qualifications of the firm and response to the Scope of service provided. This will be submitted to the Kodiak Island Borough Assembly and the City'of Kodiak City Council for approval and award. D. Miscellaneous The KIB and City reserve the right to reject or accept any or all bids.to waive irregularities or informalities in the proposal,and to give particular attention to the qualifications of the Proposer_ KIB and City reserve the right to issue written addenda to revise or clarify the REP. respond to questions,and/or extend or shorten the due date of proposals. KIB and City retain the right to cancel the REP process if it is in their best interest.Any cost incurred by proposers for the preparation and submittal of the proposal is the sole responsibility of the proposer. A proposal may be corrected or withdrawn by a written request received prior to the deadline for receipt of proposals. All proposals become part of the public record and no part of any proposal may be confidential. All proposals and other material submitted become KB and City property and may be returned only at their option. KIB and City assume no responsibility or liability'for the transmission. delay.or delivery of proposals by either public or private carriers. Any and all media announcements pertaining to this REP require KIB and City's prior written approval. This RFP does not obligate KII3 and City'or the selected proposer until a contract is signed and approved by all parties. Contact Borough Manager Bud Cassidy at(907)4S6-9302 or at bcassidv(iFkodiakak.us with questions regarding this solicitation. Page 58 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. o y .lir KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: DECEMBER 15,2011 ITEM NO.: 13.A.1 TITLE: Contract No. FY2012-15 Professional Services Agreement for Fisheries Analyst Consulting and Related Services. ORIGINATOR: Choose an originator. FISCAL IMPACT: ®Yes$40,000 or❑ No Funds Available®Yes❑No Account Number: Amount Budgeted: $40,000,subject to approval ATTACHMENTS: Contract No. FY2012-15 6.APPROVAL FOR AGENDA: 61 SUMMARY STATEMENT: The Borough Assembly and City Council have discussed the need to jointly have a fisheries analyst consultant to provide professional advice and information on fisheries related issues to both groups. The issue has been discussed many times over the course of a year or more. This summer, both groups created a small sub-fisheries committee of two Assembly members, two Council members, and both Managers to develop a Request for Proposals (RFP) for the services of a fisheries analyst consultant. The Borough Manager issued the RFP and the sub- committee met on September 1, 2011,to review the two proposals received. The Assembly and Council met in a joint work session on September 13, 2011, to discuss the two proposals and accepted the sub-committee's recommendation that Denbly Lloyd with Alaska Resource Consultancy be interview. On October 24, 2011, the Assembly and Council interviewed Denby Lloyd and the sub-committee met on October 27, 2011, to begin to develop a contract for review by Denby Lloyd and both bodies. The contract has been negotiated by the Borough Manager, City Manager and Denby Lloyd and has been reviewed by the Borough attorney. The contract is for two years with two one options to extend upon approval by the Borough, City and Contractor. The contract is for$4,000 per month and reimbursement of reasonable travel-related costs. The costs will be shared with the City on a 50-50 basis. A mid-year budget amendment which is also before the Assembly for approval includes a budget of$40,000 for this contract. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2012-15 with Alaska Resource Consultancy, LLC of Kodiak, Alaska for fisheries - analyst consultant services in an amount not to exceed$40,000. Kodiak Island Borough Page 1 of 1 Page 59 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. Professional Services Agreement with Alaska Resource Consultancy for Fisheries Analyst Consulting and Related Services This AGREEMENT, made and entered into this II' day of , 20 by and between the KODIAK ISLAND BOROUGH, organized under the laws cf the State of Alaska, hereinafter referred to as the "Borough", the CITY OF KODIAK, organized under the laws of the State of Alaska, hereafter referred to as the "City" and Alaska Resource Consultancy, LLC a limited liability company authorized to do business in Alaska, with offices located at Kodiak, Alaska, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the Borough and City wish to enter into a contract with an independent contractor to monitor, analyze and report on fisheries issues and policy developments that may impact or affect the economy and community in Kodiak, Alaska; and WHEREAS, in response to a request for proposals, Contractor submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement"shall mean this Professional Services Agreement, including: Exhibit A — Alaska Resource Consultancy, LLC proposal dated August 24, 2011 Exhibit B—Borough and City's request for proposals 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the Borough and City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "Borough"shall mean the Kodiak Island Borough,Alaska. 1.4 "Borough/City Fisheries Subcommittee"is a sub-committee of the Borough Assembly and City Council consisting of two Assembly members and two Council members. Page 1 of 10 P tlove',Oeparfenls\\IA\U•Alan..ger\U-Fishery Issues\Professicndi Services Asnenmenl Fisheries Consul;nnl I`ieel)doe Page 60 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13A.3. 1.5 "City"shall mean the City of Kodiak, Alaska. 1.6 "Contracting Officers" shall mean Borough Manager and the City Manager, and include any successor or authorized representatives. 1.7 "Contractor"shall mean Alaska Resource Consultancy, LLC. 1.8 "Fisheries Consultant Services' shall include monitoring, analyzing, and reporting to the Borough and City on fisheries issues and policy developments that may impact or affect the economy and communities with the City and the Borough, as further described in the Borough's and City's request for proposals (Exhibit B)and Contractor's proposal (Exhibit A). 2.0 TERM OF AGREEMENT. This Agreement shall take effect on January 1, 2012. This Agreement shall remain in full force and effect for two years expiring on December 31, 2013. This Agreement may be extended for two one year options to extend upon approval by the Borough, City and Contractor. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES.Contractor will be paid$4,000 per month,at the beginning of each month, and reimbursed for reasonable travel-related costs including airfare, local transportation, lodging and per diem for meals based on the current US Government Services Administration (GSA) agency schedule. The Contractor will submit monthly invoices, detailing work and expenses incurred. The Borough and City will each pay one halfof each accurate monthly invoice. 4.0 SCOPE OF SERVICES. The Borough, City,and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide Fisheries Consultant Services based on approved standards and instructions[,as specifically described in Exhibits A and B.) When available, Contractor will also attend local meetings of the Kodiak Fisheries Advisory Committee (KFAC) and the Kodiak Regional Aquaculture Association (KRAA). Attendance at other meetings may be requested by the Borough/City Fisheries Sub-committee. Additional Contractor fee for additional meetings (if any) must be agreed to, In writing,and approved by the Borough/City Fisheries Sub-committee. This Scope of Services can only be changed in writing pursuant to Section 25.0 of this Agreement. Page 2 of 10 l\dm'e\Uepar,meals\MA\U-Manageng-Flattery Issues1,oleoelo al Services Agreercern rls/larles Consultant lflnall.Coo Page 61 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. 5.0 REPORT SCHEDULE. Written quarterly reports shall be provided to the Borough and City within 30 days following the end of each calendar quarter. Contractor shall also report, written and/or oral, to the Borough/City Fisheries Sub-committee after each fisheries meeting attended and attend Borough/City Joint Work Sessions when requested by the Borough/City Fisheries Sub- committee. Joint work sessions are anticipated to occur on a quarterly basis. 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Fisheries Consultant Services provided by the Contractor will he performed by: Denby S. Lloyd 6.2 Changes in Key Personnel. The Contractor shall give the Borough and City, through notice to the Contracting Officers, reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough and City to evaldate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to use its best efforts to provide Fisheries Consultant Services. The Contractor accepts the relationship of trust and confidence established between it and the Borough and City by this Agreement. The Contractor covenants with the Borough and City to furnish its best skill and judgment. The Contractor shall provide all services in a competent manner. 6.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the Borough, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the Borough and City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this Agreement, including attorney fees and costs. The Contractor is not required to indemnify, defend, or hold harmless the Borough or City for a claim of, or liability for, its (the Borough or City, as applicable) independent negligent acts, errors, and omissions. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor Page 3 of 10 l ldose1Deoa rtments1MA1U-ManagehU-Fishery Issues1Professional Services Agree,nenI Fisheries Consultant(rir,al).coc Page 62 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. and the Borough and City, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor", "Borough" and "City' include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough and City means negligence other than in the Borough's and City's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work. 11.0 INSURANCE. The Contractor understands that no Borough or City insurance coverage, including Workers' Compensation, is extended to the Contractor while completing the services described in this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement until the Contractor provides the Borough and City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. Borough and City are additional insureds thereunder as respects liability arising out of or from the work performed by Contractor. b. Borough and City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against Borough and City and their employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the Borough and City. Upon request, Contractor shall permit the Borough and City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be subject to revision at the Contracting Officers' request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. Page 4 of 1e \Wove\Gepa,a i,ts'MAW-Manager\U-Fsnery Issues\Proft:FF.1a1 Services Agreement Fisheries Consonant(final)doe Page 63 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor pertaining to this Agreement. The originals of all material prepared or developed by the Contractor dr its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Borough and City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the Borough and City hereunder, be delivered to the Borough and City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the Borough and City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the Borough and City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever(including attorneys'fees)which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the Borough and City a license or otherwise, or replace such method, process, etc.,with one of equal efficiency. 15,0 NONWAIVER. No failure of the Borough, City or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights lb rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Contractor shall comply with all federal and state statutes, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from -injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. Page 5 of 10 \\aovs'oeparOnenls\MA\U-Manage,\u-Fshery Issoes\Pre ese'snal serCoes Ag'eernenl Fisheries Consultor.;Coal)JOc Page 64 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by any party upon ten (10) days written notice if another party fails substantially to perform in accordance with its terms. If the Borough or City terminates this Agreement, they will pay the Contractor a sum equal to the percentage of work completed and accepted that can be substantiated by the Contractor, offset by any amounts owed to the Borough or City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. Any party may at any time terminate or suspend this Agreement upon 30 days' prior written notice to each of the other parties, for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Following receipt of a Notice of Termination or suspension and except as otherwise directed by the Contracting Officers, the Contractor shall: a. perform only work authorized under this Agreement through the termination or suspension date and to the extent specified in the Notice; and b. deliver in the manner, at the times, and to the extent directed by the Contracting Officers, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during Page 6 of 10 ■cove\Uepannen:s\MA\U-reenegenu.Fisnery Issues\Professanal sev¢es Agreement Fisheries Conscllanl(fneil.doc Page 65 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. employment without regard to theft race, color, religion, national origin, ancestry, age. or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officers. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the Borough or of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shalt fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall he in the appropriate Alaska State court in Anchorage or Kodiak,Alaska. 25.0 CHANGES IN SCOPE OF WORK. 25.1 General. Additional services not specifically provided for in this Agreement will hot be compensated. 25.2 Changes in Scope of Work. The Contracting Officers may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work to the extent authorized by Borough and City appropriations. 25.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise Page]Cr 10 vooe1.OeparlmentsWA1U-Manger.-FA ery Issues1Prolenlpnal Seracec Agreement Flsn,e,'es ConstriesI(rnal).doc Page 66 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 25.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15)days from the day of receipt by the Contractor of the notification of change; provided, however, that the Contracting Officers, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 2540 of this Agreement. 26.0 LIMITATION OF FUNDS. 26.1 At no time will any provision of this Agreement make the Borough or City liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the Borough Assembly(for the Borough)or City Council (for the City) and obligated for expenditure for purposes of this Agreement. 26.2 Change orders issued pursuant to Section 25 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 26.3 Nothing in this Section shall affect the right of the Borough and City under Section 17 to terminate this Agreement. 27.0 PRIOR WORK. For the purposes of this Agreement,work done at the request of the Borough and City before execution of this Agreement, if any, shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. Page a of 10 \\by etaepannenlsiMAu-aanager\u.e,snery Issues\Professional Services Agreemear ashcan Consulla nt(Snail uec Page 67 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. 28.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties by electronic mail or by United States mail, postage paid,to the addresses noted below: Kodiak Island Borough Alaska Resource Consultancy, LLC Attn: Borough Manager Attn: Denby S. Lloyd, Principal 710 Mill Bay Road, Room 125 P.O. Box 1521 Kodiak, AK 99615 Kodiak,AK 99615-1521 reifford @kodiakak.us denby.11ovd(o�omail.com City of Kodiak Attn: Aimee Kniaziowski 710 Mill Bay Road Kodiak,AK 99615 a kniaziowski@city.kodiak.ak.us Page 9 of 10 11dove1Depadmenls'M\U ManagecU-Fishery Issues\Prolessional Services Agreement as aeries Consultant t5nall.doc Page 68 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. IN WITNESS WHEREOF, the parties have executed this Agreement. Kodiak Island Borough Alaska Resource Consultancy, LLC By: Rick Gifford By: Denby S. Ll id Title: Borough Manager Title: Principal Date: Date: ATTEST: Nova Javier, CMC Borough Clerk (Borough seal) City of Kodiak By: Aimee Kniaziowski Title: City Manager Date: ATTEST: Debra Mader, MMC City Clerk (City seal) page 10 of 10 U cove\oepa JnenlsWAW-AanageiW-Fishery Issues\Professional 5emces Agreement Fisheries C onsolla.nl(m inRC'oc • Page 69 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. FISHERIES CONSULTANT REP I. PURPOSE AND INTENT A. It is the primary intent of this Request for Proposal to select a qualified firm or individual to act na a Fisheries Consultant. Thu Fisheries Consultant will work jointly for the local governments of Kodiak Island: the Kodiak Island Borough(1(113)and the City of Kodiak(City). The selected proposer will enter into a team contract for a period of two years With options for Iwo additional one year es tensions. The term contract will include a six month initial review to ensure an understanding of the Scope.The contract will also include a termination clause by either party with a 30 day notice. B. The work shall be performed in compliance with all applicable federal, state and local requirements. The K113 and City require all work to he performed efficiently,cost effectively, and according to best business practices of the industry. 2. BACKGROUND/SITUATION The economy of the Kodiak region is based on a healthy,diverse and well- managed fisheries resource that includes more than 30 species of fish harvested and processed onshore.The Kodiak region comprises all fisheries user groups-- subsistence,sport fish,commercial sportfah,personal use,commercial fish,the processing sector,.fisheries research and protection sectors,and the fishing industry support sector. Policy development and regulatory management in the Kodiak.region is challenging because of the need to address such diverse and competing concerns as species fished,vessel size,gear type,limited entry permits,quota share, limited license permits,and crew share interests. 3. SCOPE(aim or purpose) The primary rule of the Fisheries Consultant will he to monitor,analyze and report on fisheries issues and policy devel upm eras that may impact or affect the economy and community of Kodiak. A. Monitor actions and pending decisions of regulatory bodies such as the N OAA/N'atimnil Marine Fisheries Service,the State of AlaskaDepa-tmenl of Fish and Come,and International Pacific Halibut Commission to anticipate regulatory actions that could impact Kodiak's economy. B. Attend meetings of the North Pacific Fisheries Management Council,State of Alaska Board of Fisheries,and other fishery meetings as directed,to provide a summary of issues,discussion and actions to the Assembly/City Council that could impact Kodiak's economy. C. Provide written quarterly report to both the Borough Assembly and the City Council and make presentations at joint Borough Assembly/City Council work sessions. Reporting should include discussions or updates Page 70 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. of ongoing concerns,introductions of proposed changes,and a summary of work performed since the previous report. D. Prepare analyses of potential impacts of proposed regulatory changes on the•Kodiak economy. E. Provide information to Assembly/Coune d to analyze and understand issues based on facts and from a neutral point of view,and to make decisions or develop-positions on issues affecting or impacting the economy and people of Kodiak. F. The successful proposer should possess the Following qualifications: * An understanding of local and regional fisheries to include species, vessel and gear types, fisheries user groups--subsistence,sportfi sh, commercial sportfish.personal use and commercial fish, and the processing sector. * A thorough understanding of the State constitution regarding Alaska's fisheries and all state and federal fisheries laws and regulations. * An understanding of fisheries resource mauagement issues and how they affect Kodiak's economy. * Ability to communicate effectively,both orally and written,to and on behalf Cr the governing boards. * The abinit'v to remain neutral on di vi sivc issues. * Extensive experience in state and federal fisheries resaurce management processes. • Ability to provide applicable insurance coverage,such as workers' compensation,commercial autornobilc liability and professional liability. * Possession of a State 0f Alaska Business License. G. The successful proposer will enter into a professional service contract that must he approved by the Kodiak Island Borough Assembly and Kodiak City Council. 3. REQUIRED INFORMATION A. Proposals Ines:include: • Transmittal heifer • Implementation Plan • Company Profile • Experience • Credentials • Proposed Pee • References • Ability to provide applicable insurance coverage Page 71 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. • 4. PROPOSAL PROCESS A. Proposals will he accepted until 3 PM on August 24,2011. It is the proposer's responsibility to deliver proposals to: Kodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak,AK 99615 (907)4569301 Faxed and electronic proposals will not be accented. 13. Proposals must be clearly marked: FISHERIES CONSULTANT SERVICES PROPOSAL Provide six unbound copies of the proposal. C. Evaluation Methodology: Each proposal will be evaluated according to criteria and given the re:ativc weight slur n in the table below. arSTOy4'L'Ui4T(Oy.ER�EF egrarar?e, igah E W011t, PROPOSED RATES 25% QUALIFICATIONS/EXPERIENCE 25% IMPLEMENTATION PLAN 25% REFERENCES 15% OVERALL QUALITY OF PROPOSAL 10% The Kodiak Island Borough and City of Kodiak reserve the right to reject or accept any or all bids,to waive irregularities or informalities in the proposal,and 10 give particular attention to the qualifications of the Proposer. KIB and City reserve the right to issue written addenda to revise or clarify the REP, respond to questions,and/orextend or shorten the due dale of proposals. KIB and City retain the right to cancel the REP process if it is in their best interest.Any cos:incurred by proposers for the preparation and submittal of the proposal is the sole responsibility of the proposer. A proposal may he corrected or withdrawn by a written request received prior to the deadline for receipt of proposals. All proposals become part of the public record and no part of any proposal may be confidential. All proposals and other material submitted become K 113 and City property and may be returned only at their option. Page 72 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. KIB and City assume no responsibility or liability for the transmission,delay,or delivery of proposals by either public or private carters. Any and all media announcements pertaining to this RFP require KIB and City's prior written approval. This RFP does not obligate KIB and City or the selected proposer until a contract is signed and approved by all parties. Please contact Borough Manager Rick Gifford at(007)486-0302 with questions regarding this solicitation. Page 73 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. FISHERIES CONSULTANT SER\']CES PROPOSAL To the Kodiak Island Borough and the City of Kodiak August 24,2011 The Kodiak Island Borough(KID)and the City of Kodiak(City)have issued a request for proposals(REP)seeking the services ofa Fisheries Consul:ant to monitor,analyze and reporeon fisheries issues and policy developments that may impact or affect the economy and community of Kodiak. This proposal is submitted by Denby Lloyd(Principal of Alaska Resource Consultancy)in response to the RIB/City RFP and is valid through December 31,2011. Hackgrc d As noted in tin REP,the economy of the Kodiak region is based upon healthy,diverse and well-managed fisheries resources. Kodiak is one of the nation's foremost fishing ports. Its cultural heritage,social fabric and economic well-being arc derived and dependent upon the conservation and development of the region's productive fishery and living marine resources. In plain view,tisherids resources in the Kodiak region comprise salmon,herring,groundfish,and shellfish that are pursued for subsistence,recreational,personal use,or commercial purposes by participants using specific gear types in state or federal waters. A more complex view encompasses residents and visitors to the city,villages and outlying areas of the Kodiak Archipelago and Shelikof Strait mainland attempting to harvest or pursue a variety of Pacific salmon,trout,char, herring,cod's,halibut,rockfish,sablefish,greenlings,flounders,crabs,clams,scallops and shrimp using mobile or stationary gear such as trawls,longlines,pots,jigs,seines.gillnets,rod and reel,cameras and binoculars in.areas and seasons and under quotas and licenses set,issued acid enforced by state and federal agencies. An even more complete view recognizes that individuals,families,small businesses,and large corporations rely on mixtures of fish species,markets,and methods of pursuit and processing;that management jurisdictions and research responsibilities among state,federal.international and educational agencies as well as public and private land owners are complex and dynamic;and that while the interests of fishermen,advocacy groups,and industry sectors ofteniineseotnpele,there also frequently are common elements,shared goals,and mutually-beneficial actions that Can unite and enrich the community. The KIB and City of Kodiak are one responsible for the management or conservation of fishery resources. But the local governments are expected to promote local economic interests and they rely upon revenues derived from the region's fisheries. Also,elected officials on the Borough Assembly and Mc City Council are often expected to represent the interests and express the views of their constituents. In order to be responsive to these expectations, but to carefully avoid inadvertent favoritism or unwarranted preference for one user group or policy position Over another,the KID and City need a reliable source of comprehensive and unbiased information_ A fundamental choice facing the KID/City is whether to engage in fishery regulatory and policy issues on an ad hoc basis,or with concerted effort. There is no"right"answer here;the Borough and the City will continue to function and provide public services regardless. however,to appreciably understand and effectively participate in Alaska's fishery regulatory forums,a concerti and reliable eflen is required. By proceeding with a contract for a Fisheries Consultant,the KID/City would be making a conscious and substantive choice to become a sign0fcant participant, similar to efforts of the Aleutians East and Lake and Peninsula Boroughs and the City of Unalaska. Page 74 of 294 Contract No. FY2O14-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. It is with a deep appreciation of he details and complexity of fisheries around Kodiak,and with a commitment to facilitate the unity and enrichment of the Kodiak region,that this proposal is submitted by Denby Lloyd to serve as a Fisheries Consultant to the RID and the City. Scoff The RFP specifies that the Sole of the Fisheries Consultant skill be to monitor,analyze and tenon;the RPP also specifies that the successful proposer should possess the ability to remain neutral On divisive issues. As such,it appears clear that the KID and City are soliciting an analyst and advisor.rather than an advocate or representative. This is an important distinction,and it may prove pivotal to acceptance and support of this project by iridusdy, advocacy groups and constituents. In response to the RFP,it is here proposed that the Fisheries Consultant monitor pertinent management actions and pending decisions of the National Marine Fisheries Service(e.&.Sustainable Fisheries Division),the Alaska Department of Fish and Game(e.g.,Commercial Fisheries Diyision and Span Fish Division)and the International Pacific Halibut Commission. These are the agencies normally responsible for ongoing management of fisheries around Kodiak. Also,the Fisheries Consultant would attend peninent meetings of the North Pacific Fishery Management Council,the Alaska Board of Fisheries and,if directed,the IPHC and other fishery agencies and organizations.These are the forums normally responsible for setting of regulations for flatteries in the region_ In addition,attention should be paid to deliberations of: • NNIFS Resource Access Management Program and the State of A larks Commercial Fisheries Entry Commission for actions potentially limiting participants'access to fisheries. • ADF&G's Habitat Division for potential permitting and planning decisions affecting fish resources. • NPIFS Protected Resources Division fur regulatory decisions pertaining to commercial fisheries and protection of marine mammals and other protected species. While the RFP does not refer to other specific retries of management or research,the Kt B and City may wish to have the Fisheries Consultant monitor and report on pertinent actions and deliberations of: • U.S.Fish and Wildlife Service for decisions affecting access to and management of fishery resources on the Kodiak National Wildlife Refuge and the Alaska Maritime National Wildlife Refuge. • The Federal Subsistence Board,for decisions related to subsistence uses in federal waters. Further,there are other issues and orgar,izat ions of importance to fisheries around Kodiak that may warrant monitoring and evaluation. For example: • Kodiak Regional Aquaculture Association is pursuing nutrient enrichment of three lakes on Kodiak Island to increase production of sockeye salmon. • National Oceanic and Atmospheric Administration is pursuing a national program of coastal and marine spetiafplann ing that could restrict access to large areas for fishing or other activities. • A consortium of organizations under the name of A KCRRAB(Alaska King Crab Research,Rehabilitation and Biology)is actively researching and promoting enhancement and rehabilitation of king crab stocks. • The Alaska Legislature may consider enacting legislation that sets the stage for limiting access to the opportunity to guide sport fishermen in state waters. Page 75 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. Implementation Plan in response to direction from KID and the City,Consultant would monitor actions and pending decisions or fishery management agencies(e.g.,NMFS,A DF&G,and IP1 IC)on an ongoing has is through perusal of the agencies'news releases and public announcements,plus through periodic contact with arca and regional management and research staff. Consultant would attend meetings of the North Pacific Fishery Council. Regular meetings of the Council occur five times per year with a standard length of nine to ten days(including associated meetings of the NPFMC Advisory Panel and Scientific and Statistical Committee). Because of their frequency,duration and Importance,attendance,monitoring and reporting on these meetings of the NPFMC would likely comprise the majority of Consultant's work. Consultant would also attend pertincntmeetings of the Alaska Board of Fisheries. Board meetings occur on a three- year cycle,with each meeting lasting from two to sometimes 1014 days. Of particular interest may be meetings for state seaters Pacific cod(scheduled for October 6-10,2011), statewide miscellaneous shellfish(March 20-23,2012), Kodiak Dnf ish(Spring 2014).and statewide king and Tanner crab(Spring 2014). The BOF also conducts mirk sessions(gererapy every October;e.g.,October 4-5,2011)and adds special agenda items to their late-cycle meeting (generally in March)that may encompass issues of interest to Kodiak. If directed by the Borough and/or City Manager(s),Consultant would attend the annual meeting of the International Pacific Halibut Commission(generally late in Janary),which occurs over the course of 4-5 days(including meetings of the Conference Board and Processor Advisory Group,plus informal gatherings of the national sections). The IPHC also schedules an interim meeting,which interested public may monitor via webcast. Consultant would provide written,quarterly reports to the Borough Assembly and City Council,and Consultant would provide oral reprints at joint IJeirough Assembly/City Council work sessions. These reports would describe and discuss items of concern to the economy and region of Kodiak that the Consultant identifies through monitoring activities and attendance at meetings. Consultant's reports would also provide i summary of work perWixned. For issues of particular merit or interest to the KID/City,Consultant would prepare qualitative analyses of the potential impacts of proposed regulatory changes. The Consultant would provide neutral,unbiased information to the Assembly/CoungTthnr would allow Borough/City officials to understand the issues and to make decisions or develop positions appropriate for the local governments. In addition to expectations laid out in the REP,it is suggested that Consultant might report more frequently to the borough and City Alanagers,the Borough and City Mayors,and perhaps one additional member from each the Borough Assembly and the City Council. The purpose here would be to keep upwith ongoing developments, maintain the interest and participation of government officials,and allow for adjustment of Consultant's focus and attention. Consultant could also panicipate in meetings of the Kodiak Fisheries Advisory Comm lute,the Fisheries and Oceanic Research Board,and the local Kodiak Fish•and Game Advisory Committee. Further,it is proposed That Consultant seek the assistance of local ex pens(e.g.,agency staff,fishing organization t epresen:atives,industry and NCO leaders)in developing reports and briefings for the Borough/City.and also sisal Consultant promote direct communication between such experts and the local governments. Ii is also suggested that the KIB/City consider a schedule of five joint work sessions per year-coinciding closely with meetings of the NPFMC,so that summary,discussion,and development of future action plans can be undertaken in a timely, ongoing fashion. Finally,it is proposed that the KIB/City and the Consultant take all necessary reps to assure constituents, organizational leaders,and the community-at-large that the Consultant is non engaged for advocacy purpose;and is to remain neutral and unbiased. Allooation.decisiuns.and fishery politics in general,are stressful,competitive and Page 76 of 294 Contract No. FY2O14-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. complicated. In order for the KIB/City and the Consultant to engender the trust,acceptance and assistance of local Fishery participants,it is important to maintain the neutrality and integrity of this'information-gathering effort. This proposed implementation plan can be subject to adjustment and modification during contract negotiation,as part of the'six-month review identified in the RFP,or at other times by mutual consideration and consent of KIB/City and the Consultant. Coav Profile Alaska Resource Consultancy is a new vdormed limited liability comps and sole proprietorship. Denby-Lloyd is the Principal and sole representative. The company is engaged in qualitative analysis and strategic assessment of resource management,research,and policy initiatives affecting fisheries in Alaska. The company has recently moved from Juneau,Alaska to Kodiak,and will remain in Kodiak fur the foreseeable future. Experience and Credentials Mr.Lloyd has been living,working,and going to school in Alaska since 1972. Attached to this proposal is a resume of pertinent education,work experience,volunteer participation,and technical publication. For over thirty years the proposer has been involved with fishery management and research at a variety of levels throughout Alaska,ranging horn technician assignments on Kodiak and elsewhere,through seven years in leadership positions in the Kodiak office of ADF&O, to a four-year stint leading Alaska's fish and game agency. The proposer has a long familiarity with the North Pacific Fishery Management Council,having acted as Council staff,public testifier,and Council member. The proposer has a long familiarity with the Alaska Board of Fisheries, having acted as agency staff,public iesti tier,and ex-officio Board member. The proposer also understands the needs and dynamics of local governments that are affected by fishery regulation,having served as a resource analyst for the Aleutians East-Borough for over six years and as a previous contractor on fishery issues for the Kodiak island Borough. Mr.Lloyd has detailed,working knowledge of local and regional fisheries around Kodiak including the species Fished,the vessel and gear Apes used,and fishery user groups. Mr.Lloyd thoroughly understands and has been responsible for implementing the Alaska Constitution with regard to sustained yield of Alaska's fisheries. Moreover,the proposer has substantial knowledge and experience in the promulgation and implementation of state end federal fisheries laws and regulations,in written and oral communication to and on behalf of governing boards, and in state and federal fisheries resource management processes. Of particular importance to this solicitation for a Fisheries Consultant,the proposer understands and fully appreciates the distinction.between advocacy and neutrality. For moss of career,Mr.Lloyd has successfully and vigorously maintained a neutral stance on allocative aspects of fishery management issues while serving as AI]FP&G staff,NPFMC,staff,and ACB staff. However,the proposer also has experience in and a thorough understanding of advocacy roles,having been rssponsihle fur promoting the state's interests on the federal NPPMC. Asa.sole proprietorship,'Alaska Resource Consultancy does not require workers'compensation insurance. Mr. Lloyd does have business coverage for automotive liability,and can secure appropriate professional liability coverage if required. Proposed fcc Attendance at a full,regular suite of North Pacific Council meetings"could entail approximately 45-50 days per year.It is not always possible to assess from pre-meeting agendas precisely when any topic will be taken up,plus issues develop during the course of any particular meeting. To be most effective,Consultant should be prepared to routinely anend each meeting of the Council,for substantial portions of the proceedings. These meetings most often • Page 77 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. occur in Anchorage,but meetings also take place in Kodiak(e.g.,June 2012),Silka,Seattle,Ponland,and other localism twice each gem. Attendance at pertinent meetings of the Board of Fisheries may average only five days per year for the next couple years. That estimate would increase for the 2013.2014 BOF cycle,which includes the Kodiak finish and the statewide king and Tanner crab meetings. Most meetings of the Board occur in Anchorage hut,following past practice,the Kodiak in fish meeting will likely be held in Kodiak. Annuafineetings of the.I PHC routinely occur over 4-5 days,and for the next two years will be held first in Anchorage then likely in Victoria,B C. The number of hours dedicated during each of these meeting days on issues of direct concern to Kodiak would vary but,given the breadth of issues involving Kodiak waters,fishermen or processors,the fraction would he substantial. Consultant would also be inseraccng with Council/BoardiCommission'tethers and staff,other agency stag;and interested constituents'during any particular meeting. Consultant would also be attending several Borough Assembly/City Council work sessions per year,monitoring ongoing a=tivities of state and federal management agencisi'intfitcn it'1—local experts,an pred paring qualitative analyse andquanerly'repuns. Considering those expectations,it is anticipated that Consultant would spend on average approximately 25 hour per month on KIBiCity fisheries matters. These services are offered for a monthly etainer_of$4,000,({Q. In addition so the retainer,the KIB/Ciq•would cover all travel-related costs including airfare,local_transportation„lodging-andpper diem formeals.Inca contract perm wona be or two year—f�-s,wish options foT.two subsequent one-year extensions. References Mr.John H'Isinger,Retired Director Division ofCoahmerrial Fisheries Alaska Department of Fish and Game Anchorage,Alaska 907563-0166 Mr.Flank Pennington Retired MAP Agent-University of Alaska Outdoors Columnist-Kodiak Daily Mirror Kodiak,Alaska 907-486-2893 Dr.Douglas DeMaster,Director Alaska Fisheries Science Center National Marine Fisheries Service Juneau,Alaska 907-789-6617 Contact InfoiZnation Denby S.Lloyd Alaska Resource Consultancy P.O.Box 1521 Kodiak,AK 99615 907-321-1490 drnley.11oyd@embil.com Page 78 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. Denby S.Lloyd Alaska Resource Con.atc xy PAR R .1521 fiodm:.AK%'9615-1511 EFL:CATION AND CERTIFICATES B.S. 1977. University of Alaska-Fairbanks. Magna cum laude; major in Biological Sciences. Emphasis in fisheries;secondary focus in economics. M.S. 1985. University of Alaska-Fairbanks. Biological Oceanography from the Institute of Marine Science; additional work in management. Certifed•Fisheries Scientist-American Fisheries Society. Associate-American Institute of Fishery Research Biologists. PROF=SSIONAI.EXPERIENCE 2007 to 2010 Commissioner Alaska Department of Fish and Game 2005 to 2006 Director-Division of Commercial Fisheries Alaska Department of Fish and Game 2000 to 2005 Regional Supervisor-Div.of Commercial Fisheries Alaska Department of Fish and Game 1998 to 2000 Regional Finfish Research Supervisor Alaska Department of Fish and Game 1992 to 1998 Chief Resource Analyst Aleutians East Borough 1990 to 1992 Director-Division of Commercial Fisheries Alaska Department of Fish and Game 1989 to 1990 Special.Assistant for Natural Resources Office of the Governor :986 to 1989 Plan Coordinator/Management Analyst North Pacific Fishery Management Council 1983 to 1986 Project Review Coordinator-Habitat Division Alaska Department of Fish and Game 1982 to 1983 Habitat Biologist Alaska Department of Fish and Game 1979 to 1981 Research Assistant-Institute of Marine Science University of Alaska-Fairbanks Within 1978 Fishery Biologist National Marine Fisheries Service 1973 to 1978 Fishery Technician/Biologist(seasonal) ADF&G/University of Alaska deahu.Ilrvdoivwieom (957a 32I-1 4S0 Page 79 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. Deoby S.Lloyd %lask-a Resource Con's/tort? "0.dor 1521 Kodiak AK 9 96 15-15 21 COMMITTEE APPOINTMENTS/ASSIGNMENTS North Pacific Fishery Management Council Chair,Observer Advisory Committee, NPFMC IMF School of Fisheries and Ocean Sciences Advisory Council President,Western Association of Fish and Wildlife Agencies Executive Cmnmittee,Association of Fish and Wildlife Agencies Chair,Alaska Ocean Observing System Exxon.Valdez Oil Spill Trustee Council NMFS Steller Sea Lion Recovery Team NPFMC Steller Sea Lion Mitigation Committee ADP&G Marine Protected Area IMPA)Task Force Alaska Steller Sea Lion Restoration Team ADF&G Technical Panel for the Sustainable Salmon Fisheries Policy Alaska Board of Fisheries Public Panel for the Sustainable Salmon Fisheries Policy NPFMC IR/lU(I'mproved retention/improved utilization of groundfish(Committee Alaska Scientific Review Group(ASRG)for marine mammals—advisory to NMFS and USFWS under provisions of the MMPA SWAMC(Southwest Alaska Municipal Conference)Fisheries Committee Scientific Advisory/Management Committees—North Pacific Universities Marine Mammal Research Consortium NPENIC Halibut 13y-catch Cap Committee Chair,Governor's Resource Cabinet Coordinator, NPFNIC Bating Sea/Aleutian Islands Groundfsh Plan Team Coordinator,NPFMC halibut Regulatory Amendment Advisory Group Resource Development Council(ROC) Fisheries Committee SCIENTIFIC CRUISE/COMMERCIAL FISHERY PARTICIPATION UA-F and UW oceanographic cruises(R/VAcona,Alpha-Helix, T.G-Thompson) in the Bering Sea,Aleutian Islands, PWS, SE Alaska USCG icebreaker cruise (USCCC Polar Star) to Bering/Chukchi Seas Univ. Hokkaido(RI Oshoro Mann) high seas salmon/Ism/id gillnetting, Kodiak to Seattle NOAA(R/V Miller Freeman) pelagic/demersal fishery survey,Gulf of Alaska NMFS/USFWS(R/V Tigiax(sea lion/prey assessment,western GOA .ADF&G(R/V Resolution( shellfish/groundfish surveys,GOA/Aleutian Islands ADF&G/OCSEAP(R/V Yankee Clipper and others)rearshore fish surveys,lower Cook Inlet/Kodiak Island NMFS Delta submarine surveys,SE Alaska Bristol Bay salmon drift and set gillnet North Peninsula salmon drift and net gillnet Dutch Harbor herring purse seine South Peninsula salmon purse seine Pastern Bering Sea pollock trawl Western GOA pollock and cod trawl Chignik salmon purse seine Kodiak salmon set gillnet Prince:Williau,Sound Purring purse seine Copper River salmon drift gillnet denhellolforvmogyi,o (907)521-1590 Page 80 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.A.3. Denby S.Lloyd Alaska Resource C'annJacncy 1'.O lIe.1521 Kodiak AK 99615-1521 St,LECTCB P-J3L!CATIONs Nelson, P.A.and D.S. Lloyd. 2001. Escapement goals for Pacific salmon in the Kodiak, Chignik, and Alaska Peninsula/Aleutian Islands areas of Alaska. Alaska Department of Fish and Game,Division of Commercial Fisheries, Regional Information Report 4K01-66, Kodiak. Kruse,G.li.,M. Crow, E.E. Krygier, D.S. Lloyd, K.W. Pitcher, L.U. Rea, M. Ridgway,R.J. Small,J. Stinson,and K.M. Wynne. 2001. A review of proposed fishery management actions and the decline of Steller sea lions Eurnelopies jubatus in Alaska:a report by the Alaska Steller Sea Lion Restoration Team. Alaska Department of Fish and Game,Division of Commercial Fisheries,Regional Information Report SJ01-04,Juneau. Lloyd, U.S. 1996. Relative effects of mixed stock fisheries on specific stocks of concern:a simplified model and brief case study_ Alaska Fishery Research Bulletin 3:21-31. Lloyd,D.B. 1996. Relative effects of mixed stock fisheries on specific stocks of concerni application to fixed escapements and Norton Sound chum salmon. Alaska Fishery Research Bulletin 3:32-44. Martin, P.C.and U.S. Lloyd. 1996. Aspects of sockeye salmon smolt production in the Egegik River system of Bristol Bay, Alaska. Alaska Fishery Research Bulletin 3: 59- 63. Lloed,D.S. and S.K. Davis. 1989. Biological information required for improved management of walleye pollocicol'f Alaska. In: Proceedings of the International Symposium.on the Biology and Management of Walleye Pollock. Alaska Sea Grant Report No. 89-1. Pp.9-31. Smith.T.P. and D.S. Lloyd. 1989. Effects of bycatch allocations to trawl fisheries for groundfish in the Bering Sea. Presented to annual meeting of the American Fisheries Society,Anchorage,AK. Lloyd,D.S.,J.P- Koenings,and J.D. LaPernere_ 1987. Effects of turbidity in fresh waters of Alaska. North American Journal of Fisheries Management 7: 18-33. Lloyd, D.S. 1987_ Turbidity as a water quality standard for salmonid habitats in Alaska. North American Journal of Fisheries Management 7: 34-45. Lloyd, D.S.,R.B. Smith,and K.A. Sundberg. 1987. Introduction of European wild boar to Marmot Island,Alaska. The Murrelet 68: 57-58. Springer,A.M., D.G. Roseneau,D.S. Lloyd, C.?. McRoy, and E.C. Murphy. 1986. Seabird responses to fluctuating prey availability in the eastern Bering Sea. Marine Ecology Progress Series 32: 1-12. Lloyd, U.S. 1985. Relation of breeding performance in kittiwakes to oceanographic and meteorologic conditions in the southeastern Bering Sea. Presented to annual meeting of the Pacific Seabird Group/Colonial Waterbird Group, San Francisco,CA. McRoy,C.P.and D.S. Lloyd. 1981. Comparative function and stability of me.crophyte- based ecosystems. In: Analysis of Marine Ecosystems(A.R.Longhurst, ed.). Academic Press, London. Pp. '173-489. Lloyd, U.S., C.P. McRoy,and R.H. Day. 1981. Discovery of northern fur seals(Collorhintes ursinus) breeding on Bogoslof Island, southeastern Bering Sea.Arctic 34: 318-320. Ambr lfr il,citrpm (907)321-1490 Page 81 of 294 Contract No. FY2014-26 Professional Services Agreement for F... AGENDA ITEM #13.B.1. KODIAK ISLAND BOROUGH % AGENDA STATEMENT FEBRUARY 6, 2014 Assembly Regular Meeting TITLE: Resolution No. FY2014-26 Adopting a Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2015. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This resolution designates the Borough's federal legislative funding priorities for federal fiscal year 2015. The Borough forwards this list to our congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete the projects and support the programs that have been identified as being priorities in our community. RECOMMMENDED MOTION: Move to adopt Resolution No. FY2014-26. Kodiak Island Borough Page 82 of 294 Resolution No. FY2014-26 Adopting a Federal Capital Improvem... AGENDA ITEM #13.B.1. 1 Introduced by: Manager Cassidy 2 Requested by: Borough Assembly 3 Drafted by: Special Projects Support Introduced on: 02/06/2014 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2014-26 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 ADOPTING A FEDERAL CAPITAL IMPROVEMENT PROGRAM AND 11 IDENTIFYING FEDERAL PROGRAM PRIORITIES FOR FEDERAL 12 FISCAL YEAR 2015 13 14 WHEREAS, a capital improvement program has been adopted by the Kodiak Island 15 Borough Assembly that identifies the needs of the community over the next five years; and 16 17 WHEREAS, the Kodiak Island Borough has identified a capital improvement project to 18 submit to the Alaska Congressional Delegation for funding consideration; and 19 20 WHEREAS, the Alaska Congressional Delegation has requested the views of the Kodiak 21 Island Borough on which federal programs should be considered priorities for rural Alaskan 22 communities and their residents. 23 24 NOW,THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH that: 26 27 Section 1: The Kodiak Island Borough's federal capital improvement project priorities for 28 federal fiscal year 2015 are as follows: 29 30 1. Landfill Wastewater Treatment 31 Total Estimated Cost of the Project: $32,000,000 32 Funding Sources: local and state $28,600,000 33 Federal Funding Request: $3,400,000 34 35 The Kodiak Island Borough's landfill is near the limits of its permitted capacity. To 36 address this problem a lateral expansion project constructing new cells adjacent 37 to the existing landfill is underway. Current Alaska Department of Environmental 38 Conservation regulations implementing the federal Clean Water Act require the 39 new cells to be fully lined to capture all leachate or fluids produced by the waste. 40 The captured leachate will be processed in a newly constructed treatment facility 41 on-site. This treatment represents an unfunded federal mandate. Federal 42 assistance to communities to comply with this federal mandate has been 43 available in the past through EPA's State and Tribal Assistance Grant Program 44 (the "STAG" Program). The Kodiak Island Borough is seeking the Alaska 45 Delegation's assistance to restore funding for the STAG program so that the KIB 46 can compete for federal matching funds for this project. 47 48 Kodiak Island Borough,Alaska Resolution No. FY2014-26 Page 1 of 4 Page 83 of 294 Resolution No. FY2014-26 Adopting a Federal Capital Improvem... AGENDA ITEM #13.B.1. 49 5o Section 2: The Kodiak Island Borough's views and recommendations on priority federal 51 programs are as follows: 52 53 1. Payment-In-Lieu-of-Taxes: There are over 2.8 million acres removed by the 54 Federal Government from taxation within the boundaries of the Kodiak Island 55 Borough. This is land that would otherwise be available to the private sector to 56 develop, creating jobs for the residents of Kodiak and the rural Kodiak Island 57 communities. This in turn would create tax revenues for the Kodiak Island 58 Borough. PILT was enacted by Congress to help offset the loss of revenues to 59 municipal entities caused by federal land withdrawals within local government 60 boundaries. The KIB uses these funds to provide basic social services, including 61 medical facilities, emergency fire and rescue services, roads, and schools. The 62 Kodiak Island Borough is seeking the Delegation's assistance in reauthorizing the 63 program for three to five years. 64 65 2. Refuge Revenue Sharing:The National Wildlife Refuge Fund is a critical source 66 of replacement revenue to communities like ours who have the presence of a 67 large Federal wildlife refuge within their boundaries. That presence removes 68 substantial amounts of property from the local property tax base. The share we 69 receive from the Fund is based on a formula that partially compensates us for our 70 tax losses due to the existence of the Kodiak National Wildlife Refuge. The 71 Refuge is over 1.9 million acres in size and therefore has permanently removed 72 from private ownership, development and taxation over half the property on the 73 island. The Kodiak Island Borough is seeking the Alaska Delegation's assistance 74 in providing level funding for this program. 75 76 3. Karluk Lake Enrichment Project: 77 The Karluk Lake system on the west side of Kodiak Island is the largest producer 78 of sockeye salmon in the Kodiak area and supports a large portion of the area's 79 commercial and subsistence sockeye fisheries. Since 2007, returns of adult 80 sockeye to the Karluk system have been extremely poor, most likely due to over 81 escapement of spawning adults in earlier years. Continuing low returns will not 82 only deprive local fisheries, low spawning escapements will also reduce the 83 supply of marine derived nutrients to the lake system. Thus, the system may 84 remain in a low state of productivity indefinitely into the future. 85 In order to bring the Karluk Lake ecosystem back to its earlier, higher level of 86 production, the Kodiak Regional Aquaculture Association (KRAA) proposes to 87 apply nutrients over the course of up to five years. This lake enrichment project 88 follows established protocols for rehabilitating sockeye salmon rearing 89 environments. However, because Karluk Lake is within the Kodiak National 90 Wildlife Refuge and a pre-statehood withdrawal, it appears that approval is 91 required from the U.S. Fish and Wildlife Service. Refuge compatibility reviews 92 and environmental assessments by the USFWS have been protracted and are 93 not yet complete. 94 It is vitally important that the USFWS approve this lake enrichment project without 95 delay. It would additionally helpful if the local federal refuge staff were to act as a 96 cooperating agency in the project, provide logistic support, and help monitor the 97 results. The Kodiak Island Borough supports local facilitation and approval of this 98 important project that has a direct impact to the community's economic base. 99 Kodiak Island Borough,Alaska Resolution No. FY2014-26 Page 2 of 4 Page 84 of 294 Resolution No. FY2014-26 Adopting a Federal Capital Improvem... AGENDA ITEM #13.B.1. 100 101 4. Groundfish Surveys: The North Pacific Fishery Management Council has 102 raised concerns with the National Oceanic and Atmospheric Administration about 103 what appears to be slippage in the winter and summer groundfish surveys for the 104 Gulf of Alaska. The diminution in these surveys will eventually come back to 105 haunt Kodiak fishermen and processors should the North Pacific Council turn 106 precautionary in the establishment of annual groundfish quotas due to insufficient 107 stock assessment data. A reduction in federal groundfish quotas for pollock, cod, 108 and rockfish would result in lost economic opportunities for Kodiak residents and 109 lower raw fish tax receipts over time. The Kodiak Island Borough recommends 110 that the Alaska Delegation add the groundfish surveys to the list of programs to 111 be protected in the budget process. 112 113 5. Federal Subsistence Management And Rural Determination: The Borough is 114 concerned that the review being conducted by the Departments of Interior and 115 Agriculture could result in a change in the definition of rural communities that 116 would eliminate the ability of Borough residents to harvest fish and game on a 117 subsistence basis. The Borough opposes use of a population threshold in 118 making rural determination decisions that would overlook Kodiak's remote 119 location; transportation access limitations; distance and difficulty accessing 120 commercial food stores, particularly in inclement weather; and the long-standing 121 reliance of many of the community's residents on subsistence harvest to feed 122 themselves and their families, among other factors. We request that the Alaska 123 Delegation closely monitor the subsistence management review and at the 124 appropriate time convey these concerns directly to the Departments. 125 126 6. Federal Fisheries Observer Program Funding: The Kodiak Island Borough 127 encourages the Secretary of Commerce to provide sufficient federal funding for 128 NOAA to offset the costs of the 100% observer coverage requirement 129 implemented by the North Pacific Fisheries Management Council in 2013. While 130 the Borough recognizes the value of the real time data gathered by human 131 observers placed on local fleet vessels, the cost of the program to small vessel 132 owners and operators is excessive. In addition to cost, space and safety become 133 complicating factors when human observers are required to travel and work on 134 the smaller vessels in Kodiak's fleet, especially those less than 30 feet in length. 135 The Borough urges the Secretary of Commerce to provide NOAA with federal 136 funding for this program similar to the way in which observer costs are covered in 137 other regions. 138 139 BE IT FURTHER RESOLVED that the Kodiak Island Borough administration is hereby 140 instructed to advise Congress and the appropriate agencies of the United States Federal 141 Government of the Capital Improvement Program and priorities adopted by the Kodiak 142 Island Borough Assembly. 143 144 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 145 THIS DAY OF 2014 Kodiak Island Borough,Alaska Resolution No, FY2014-26 Page 3 of 4 Page 85 of 294 Resolution No. FY2014-26 Adopting a Federal Capital Improvem... AGENDA ITEM #13.B.1. 146 147 KODIAK ISLAND BOROUGH 148 149 150 151 ATTEST: Jerrol Friend, Borough Mayor 152 153 154 155 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Resolution No,FY2014-26 Page 4 of 4 Page 86 of 294 Resolution No. FY2014-26 Adopting a Federal Capital Improvem... AGENDA ITEM #13.B.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT ,1 40:1 FEBRUARY 6, 2014 Assembly Regular Meeting TITLE: Resolution No. FY2014-27 Certifying the FY2014 Shared Fisheries Business Tax Program Application To Be True and Correct. ORIGINATOR: Karl Short FISCAL IMPACT: Yes 0 FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This resolution will allow the Kodiak Island Borough to submit its application for they FY14 Shared Fisheries Business Tax Program. The resolution indicating approval of the application is a required portion of the application. RECOMMMENDED MOTION: Move to adopt Resolution No. FY2014-27. Kodiak Island Borough Page 87 of 294 Resolution No. FY2014-27 Certifying the FY2014 Shared Fisher... AGENDA ITEM #13.B.2. 1 Introduced by: Manager Cassidy 2 Requested by: Finance Director 3 Drafted by: Finance Director Introduced on: 02/6/2014 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO.FY2014-27 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH CERTIFYING THE FY2014 SHARED FISHERIES 11 BUSINESS TAX PROGRAM APPLICATION TO BE TRUE AND 12 CORRECT 13 14 WHEREAS, AS 29.60.450 requires that for a municipality to participate in the 15 FY2014 Shared Fisheries Business Tax Program, the municipality must demonstrate 16 to the Department of Community and Economic Development that the municipality 17 suffered significant effects during calendar year 2012 from fisheries business 18 activities; and 19 WHEREAS, the Department of Community and Economic Development has 20 prepared specific application forms for the purpose of presenting the municipality's 21 claims as to the significant effects suffered by the municipality during calendar year 22 2012; and 23 WHEREAS, 3AAC 134.100 requires the governing body of the municipality to 24 include with the municipality's FY2014 program application an approved resolution 25 certifying the information contained in the application to be true and correct; 26 27 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 28 ISLAND BOROUGH that this resolution certifies that the information contained in the 29 Kodiak Island Borough FY2014 Shared Fisheries Business Tax Program Application 30 to be true and correct to the best of our knowledge. 31 32 ADOPTED BY THE ASSEMBLY OF THE KDOIAK ISLAND BOROUGH 33 THIS DAY OF FEBRUARY 2014 34 35 KODIAK ISLAND BOROUGH 36 37 38 39 ATTEST: Jerrol Friend, Borough Mayor 40 41 42 43 Nova M. Javier, MMC, Borough Clerk 44 Kodiak Island Borough Resolution No. FY2014-27 Page 1 of 1 Page 88 of 294 Resolution No. FY2014-27 Certifying the FY2014 Shared Fisher... AGENDA ITEM #13.B.2. STANDARD METHOD APPLICATION for the FY14 SHARED FISHERIES BUSINESS TAX PROGRAM Name of Municipality: Kodiak Island Borough Address: 710 Mill Bay Road Kodiak, AK 99615 Contact Person: Karl Short Phone Number: 907-486-9320 Total # of Significant Effects Claimed: 5 Total $ of Significant Effects Claimed: $ 19,737,781 Return this cover page along with Declaration of Significant Effects forms and resolution to: Department of Community and Economic Development Division of Community Advocacy Shared Fisheries business Tax Program PO Box 110809 Juneau, AK 99811-0809 Page 89 of 294 Resolution No. FY2014-27 Certifying the FY2014 Shared Fisher... AGENDA ITEM #13.B.2. FY 14 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. The general fund includes administrative functions such as the Clerk's Office, Finance and Assessing, Borough Manager, School District support, plus transfers to other entities.This is the core unit of the Borough and its general administration. 2. Significant effect(municipal expenditure) made necessary during 2012 by the fisheries business activity listed in#1 was$2,645,464 3. Municipal expenditure is: ® actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2012 expenditures 100%fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2012 expenditures at 64%fisheries related (2,645,454 X.64) $ 84.217 Total effect $ 84,217 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? E Yes ❑ No If yes,describe how the fisheries business-related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64%were determined based on activities that are partially fisheries related.The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2012 transactions on our New World computer system. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. Page 90 of 294 Resolution No. FY2014-27 Certifying the FY2014 Shared Fisher... AGENDA ITEM #13.B.2. FY 14 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Special Revenue funds of the Kodiak Island Borough provide a wide variety of services to the community including the fishing industry. Special Revenue funds account for activities such as building & grounds support, coastal management, education, road maintenance, fire protection, and street lighting. 2. Significant effect(municipal expenditure) made necessary during 2012 by the fisheries business activity listed in 1 10,444,623 3. Municipal expenditure is: ® actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2012 expenditures 100%fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2012 expenditures at 64%fisheries related ($10,444,623 X.64) $ 6,684,559 Total effect $ 6,684,559 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? ® Yes ❑ No If yes,describe how the fisheries business-related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64%were determined based on activities that are partially fisheries related.The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2012 transactions on our New World Computer System computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. Page 91 of 294 Resolution No. FY2014-27 Certifying the FY2014 Shared Fisher... AGENDA ITEM #13.B.2. FY 14 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Debt service funds provide two main services to the residents of the Kodiak Island Borough at this time. They make payments on the bond issues that were sold to expand the hospital and to expand and build new schools. 2. Significant effect(municipal expenditure) made necessary during 2012 by the fisheries business activity listed in#1 $0 3. Municipal expenditure is: 0 actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2012 expenditures 100%fisheries related ($0X 1.00) $ 0.00 Total calendar year 2012 expenditures at 64%fisheries related ($0 X.64) $ 0 Total effect $ 0 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? ® Yes ❑ No If yes,describe how the fisheries business-related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64%were determined based on activities that are partially fisheries related.The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement". This is the most current study available at this lime. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2012 transactions. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. Page 92 of 294 Resolution No. FY2014-27 Certifying the FY2014 Shared Fisher... AGENDA ITEM #13.6.2. FY 14 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Capital projects includes repairs on school buildings, roads, boat ramps, and other capital expenditures 2. Significant effect(municipal expenditure) made necessary during 2012 by the fisheries business activity listed in#1 $8,325,454 3. Municipal expenditure is: ® actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2012 expenditures 100%fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2012 expenditures at 64%fisheries related (8,325,454 x.64) $ 5,328,290 Total effect $ 5,328,290 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? ® Yes ❑ No If yes,describe how the fisheries business-related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64%were determined based on activities that are partially fisheries related.The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2012 transactions. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. Page 93 of 294 Resolution No. FY2014-27 Certifying the FY2014 Shared Fisher... AGENDA ITEM #13.8.2. FY 14 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Enterprise Funds include Solid Waste collection and disposal, the Kodiak Fisheries Research Facility,and 911 funding. 2. Significant effect(municipal expenditure) made necessary during 2012 by the fisheries business activity listed in ft 1 $5,067,510 3. Municipal expenditure is: ® actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: Every municipal expenditure marked "determined necessary' must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2012 expenditures 100%fisheries related ($1,770,679 X 1.00) $ 1,770,679 Total calendar year 2012 expenditures at 64%fisheries related ($3,296,831 X.64) $ 2,109.972 Total effect $ 3,880,651 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? ® Yes ❑ No II yes,describe how the fisheries business-related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64%were determined based on activities that are partially fisheries related.The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement'. This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2012 transactions. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. Page 94 of 294 Resolution No. FY2014-27 Certifying the FY2014 Shared Fisher... AGENDA ITEM #13.B.3. KODIAK ISLAND BOROUGH s AGENDA STATEMENT � FEBRUARY 6, 2014 Assembly Regular Meeting TITLE: Resolution No. FY2014-28 Adopting the Priorities of the Kodiak Area Coordinated Transportation Plan ORIGINATOR: Jess Kilborn FISCAL IMPACT: No FUNDS AVAILABLE: No Account Number: Amount Budgeted: SUMMARY STATEMENT: This resolution was requested by City Mayor Pat Branson and was sponsored by Assembly member Tuck Bonney to express continued support to Kodiak Area Transit System in its goal to provide safe and reliable transportation to those residents who need it the most so they might remain living independently for as long as possible. RECOMMMENDED MOTION: Move to adopt Resolution No. FY2014-28. Kodiak Island Borough Page 95 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. 1 Introduced by. Borough Manager 2 Requested by: City Mayor Branson Drafted by: City Mayor Branson 3 Introduced on: 02/0612014 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2014-28 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 ADOPTING THE PRIORITITES OF THE KODIAK AREA 11 COORDINATED TRANSPORTATION PLAN 12 13 WHEREAS, the Kodiak Human Service Coalition, which includes all Kodiak non profit 14 social service providers, has been holding quarterly meetings since November,2002; and 15 16 WHEREAS, these sessions culminated in the preparation and completion of the Kodiak 17 Area Coordinated Transportation Plan;and 18 19 WHEREAS, the Kodiak Area Transportation Plan outlines the following priorities: 20 1. Increase hours of operation during midday and weekends to serve unmet needs 21 such as increased medical appointments at Kodiak Community Health Clinic, 22 shopping time, classes at Kodiak College and Head Start parents. 23 2. Have another transit bus to use for increased hours of operations and increase 24 hours of mass transit service especially for new senior housing on Near Island. 25 3. Assure operational funding is stable and sustains system. 26 4. Assure transit vehicles are part of the Kodiak Island Borough and City of Kodiak 27 pandemic planning and use of buses for evacuations.;and 28 29 WHEREAS, the Kodiak Area Coordinated Plan and listed priorities are needed in order 30 to receive Federal and State funds for continuing Kodiak Area Transit System (KATS) 31 which has served the community and local non-profits as a coordinated system since 32 August,2000;and 33 34 WHEREAS, KATS is the only coordinated transportation system in the state with more 35 than 15 local non-profit agencies participating;and 36 37 WHEREAS, KATS is cost efficient and is fundamental to the quality of life for many 38 Kodiak residents to remain in our community and be viable citizens. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 41 BOROUGH that it hereby adopts the Kodiak Area Coordinated Transportation Plan 42 priorities and expresses continued support to Kodiak Area Transit System (KATS) in its 43 goal to provide safe and reliable transportation to those Kodiak residents who need it the 44 most so they might remain in Kodiak living independently for as long as possible 45 46 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 47 THIS _DAY OF 2014 48 Kodiak Island Borough.Alaska Resolution No.FY2014-28 Page 1 of 2 Page 96 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.6.3. 49 KODIAK ISLAND BOROUGH 50 51 52 53 ATTEST: Jerrol Friend, Borough Mayor 54 55 56 57 Nova M.Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Resolution No. FY2014-28 Page 2 of 2 Page 97 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. Kodiak Area Coordinated Transportation Plan May 7,2007 Updated September,2009 8 2010 4710,1111113, -trapirr *; , X37 tom_ 1 ma- ; ttt I ,� ,g rt `7^� t' pR saet ;- w�y"W t- ' 4 .a�l.x", t. --I � ' Kodiak Area Transit System 486-8308 ..•1 '•: t.} - ✓ L4 ,p tin 4 .y(FE 5. N 'a'". f -s �+ t� i a Fwd m' . z s w Kodiak Human Services Coalition Senior Citizens of Kodiak, Inc. Lead Agency 486-6181 Page 98 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. KODIAK AREA COORDINATED TRANSIT PLAN TABLE OF CONTENTS I. SUMMARY 1-2 II. BACKGROUND AND 1 IISTORV 3S 111. COMMUNITY DESCRIPTION 6 IV. ASSESSMENT OF NEEDS 7-9 V. EXISTING TRANSPORTATION SERVICES 10-12 VI. IDENTIFICATION OF GAPS IN SERVICE 13-14 VII. STRATEGIES TO SERVE TARGET POPULATION 15-19 VIII. PROJECTS 2009-2010 20 Page 99 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.8.3. I. SUMMARY In August, 2000, Kodiak Area Transit System (KATS) formed under the leadership of Senior Citizens of Kodiak. Inc. (SCOK)to provide coordinated transportation on the weekdays to social service agencies. A minimal of public transportation was offered through KATS in the early morning and late evening. KATS was originally set up through a pilot project through the Kodiak Island Borough(K113) in 1997 with funds coming from several sources to establish the transportation system. KATS, at that time, was mainly a public transit system with minimal service in the middle of the day devoted to the social service agencies and their clients. KIB put out to hid an REP for providing transit services and contracted with Laidlaw to operate KATS as this pilot project. The pilot project consisted of one bus running an express route from Monashka Bay to Women's Bay and a bus running an in-town route that was also used mid-day for the social service agencies' clients. In late summer 1999, the KIB Assembly decided not to continue or support funding the transit system after the pilot funds expired and not to place a transportation tax on the municipal ballot for that October, 1999 election. Knowing that seniors, low income, developmentally disabled and other Alaska Mental Health Trust Authority beneficiaries needed some kind of coordinated transit service in order to remain independent and also realizing that not every social service agency had the financial or staff means to pay for vehicles, gas, insurance and staff as drivers, SCOK decided to meet with the local social senvice agencies and discuss the possibility having a coordinated transit system for local area non profits. SCOK became the lead agency for the coordinated transit project and wrote grants in the spring of 2000 to the State Department of Transportation (DOT) for a coordinated transit system in Kodiak, SCOK was successful in writing and administering transportation grant funds and working with other social service agencies to assure adequate transportation was available for their clients. With the other local non profits. SCOK organized the new coordinated transit system to begin in August.2000 with only one bus in service and one bus as backup. The two KATS buses,which were owned by KIB and had more than 50,000 stiles on each, were transferred to the SCOK ownership and SCOK contracted with Laidlaw for operations and administration of the coordinated system. Laid law has been under contract for operations and administration of KATS since August,2000. A new bus was purchased in 2002 with funding from the Rasmsuson Foundation, City of Kodiak and Alaska Mental Health Trust Authority(AMHTA). Another new bus was purchased in 2007 with federal pass through funds from Alaska Department of Transportation. As part of that Laidlaw contract, maintenance, insurance, drivers' training is all covered. Fuel costs and a separate coordinator fee of S500 per month are paid separately from the administration and operations portion of the contract. Page 100 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. KATS presently runs from 6:30-8 a.m. as a public service; from 8 to 5 p.m. as coordinated system and from 5-6:30 p.m. as a public system on Monday through Fridays. KATS extended service in August,2007 to include evening hours until 10 p.m.and weekends from 10-3 pm. The evening service was cut in August, 2008, due to lack of ridership and operational funds. The weekend service continues. KATS runs from Monashka Bay to the Coast Guard Base and Women's Bay in the public runs and has cenain designated stops along the way. KATS runs as a door-to-door ADA accessible service to non profit cliens for the rest of the day and requires a 24 hour notice for pick ups. KATS has regularly scheduled runs to Safeway. downtown, WalMart, Food Bank,senior center. Island Cove Adult Day Program and work related trips. KATS in instrumental in getting many Kodiak residents to work and to take their children to child care prior to going to work. KATS's increase in ridership in the last two years has mainly been with riders getting to and from work. Those areas of work include Threshhold which employs developmentally disabled workers in the borough's recycling project; getting riders to work at Safeway.Mack's Sport Shop, Mc[Jonalds,and the Coast Guard Base.This spring we did change the public transit schedule in the am and pm so workers at the Coast Guard Base could get to and from work. The Coast Guard Base is where the increase of service jobs is located. Priorities for the coordinated service is first for medical, dental, clinic, physical therapy, lab appointments: secondly is for work related travel or to the college; scheduled shopping is third priority and personal appointments are last. These priorities have been agreed upon and reviewed by the local non profit agencies at a Human Service Coalition meeting held September 9,2008. At the present time,the need for another bus to run mid day for the coordinated system is needed, for a mobility manager to analyze efficiencies of the system as well as hours for a regular public transportation system in Kodiak. This plan: 1. Profiles existing transportation services and equipment in the area. 2. Summarizes the known needs and gaps in the current available transit services. 3. Describes the methods used to involve the community in the formations of this plan and summarizes the results of that involvement. 4. Provides several revised strategies lbr improvement to the service levels. 5. Outlines Projects for 2009 AND 2010. 7 Page 101 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.8.3. II, BACKGROUND AND HISTORY Kodiak Area Transit System (KATS) was formed as a pilot project in 1998 & 1999 with the Kodiak Island Borough (KIB). A Transit Technical Assistance Project Report for Kodiak, Alaska was prepared for the Community Transportation Association of American(CTAA)by the consultants Leigh, Scott & Cleary. Inc.. in 1994. The Kodiak Chamber of Commerce had received a grant from the U.S. Department of Agriculture for the evaluation and development of transportation services in agriculturally (including fishing) based communities as a means of promoting economic development. Kodiak was chosen by CTAA as a study site. CTAA in turn retained the services of Leigh- Scott & Cleary, Inc., to assist in the conduct of the study. Agencies who took part in serving on the pilot project committee included representatives from the Kodiak Chamber of Commerce, Senior Citizens of Kodiak, Inc., Kodiak Island Housing Authority, Kodiak Island Hospital, U.S. Coast Guard, Kodiak Island Borough, Kodiak Mental Health,Kodiak Area Native Association and private carriers. With the Technical Project being completed and distributed in 1995,several representatives from Kodiak attended the State Transportation Transit conference for a couple of years and also continued to meet to discuss how to implement the recommendations in the final transit report. By 1997. the Kodiak Island Borough, (KIB) took on the leadership role in implementing the report by issuing an RFP to operate and administer the transit services. Laidlaw was contracted to provide these services by the KIB. From many discussions with service groups, it was decided to have one express route and one in-town route that would be used to transport social service clients during the middle of the day. This limited time was found not to be enough time for the social service clients. The bus routes and services grew to be used by the entire community. When grant dollars were expiring for the pilot project transportation service to continue, concerned citizens started a petition for the KIB assembly to place a transportation tax on the ballot so the people in the community could decide if they wanted to continue to fund a community transportation system. In the summer of 1999. the KIB assembly after receiving the petitions, decided not to place the issue on the fall ballot. Without moving the issue forward for the voters to decide,the assembly automatically discontinued the service. This decision left the social service agencies that had been depending upon KATS, in a lurch with present operating budgets diminishing and KATS no longer in service. KATS did not operate after the KIB assembly decision to not fund the project or place the issue on the ballots for voters to decide the issue. KATS was non operational from October 1999 until August 2000. In August 2000.SCOK-in taking a leadership role in a number of meetings and discussions, met with social service agency representatives to explore the need for services and asked for support for a coordinated transit system to serve agency clients. SCOK wrote proposals to the State of Alaska Department of Transportation for grants for the coordinated KATS service. 3 Page 102 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.8.3. "those agencies initially involved in resurrecting KATS to a coordinated transit system to service non-profit clients were: Senior Citizens of Kodiak. Inc. Kodiak Island Housing Authority Kodiak Area Native Association Women Infant&Children-WIC Kodiak Job Center Kodiak Island Mental Health Safe Harbor Kodiak Island Borough Providence Kodiak Island Hospital Kodiak College Kodiak Women's Resource&Crisis Center Hope Community Resources Laidlaw These agencies set up the policies for KATS as a coordinated system.the times and priorities for coordinated service and worked with Iaidlaw in contracting for operations, administration of services,to be the agencies' coordinator for complaints,and to he the central contact for services. Priorities for transportation for KATS as discussed and decided by the non profit agencies in the original inception of KATS as a coordinated system and tvhich are still in place are: medical. work,scheduled shopping-personal appointments. See attached KATS schedule. Kodiak Area Native Association (KANA) in November. 2002, received a state grant to form a Human Services Coalition(BSC)to meet quarterly to have a forum for exchanging and updating local non profit agencies on agency plans and services and to make sure there was not a duplication of services. "Phis group meets quarterly and receives updated information on KA"IS, clients and service gaps and is also included in the annual writing and support of the KATS grants to the Department of 1 ransportat ion. In addition to the above initial agencies who were involved with the reformation of KATS as a coordinated system,the following agencies are now also involved with the coordinated system in support and their clients using the system. Office of Children's Services U.S.Coast Guard Consumer Direct Personal Care Parents as Teachers Rural CAP-I-lead Start Adult Basic Education Kodiak Food Bank Salvation Army 4 Page 103 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. Providence Kodiak Island Counseling Center Threshold Vocational Services State Vocational Office Kodiak Island Medical Clinic North Pacific Medical Clinic Kodiak Chamber of Commerce Koniag Incorporated Kodiak Island School District Providence Kodiak Island Physical Therapy Arctic Physical Therapy Curves Costsavers Kodiak Island Convention& Visitors Bureau Sun'ay Tribe of Kodiak Mack's Sport Shop McDonalds One of KATS strengths is the number of non-profit agencies as well as clinics and businesses who continue to support the coordinated transit system. Each year KATS does a survey for clients and agencies that use the system. These assessments are used in the evaluation of the coordinated transportation service and in understanding the service gaps with KATS. Support letters for KATS are attached with this plan. Minutes from the NSC are attached. Also see attached sample survey results. As part of the requirements for continuing the funding KATS receives front the state,we have held public meetings to assess the transportation service gaps,the number of vehicles owned by the agencies and strategies to meet those service gaps. Meetings have been held at the Kodiak Senior Center and with the Human Services Coalition at the Kodiak College to get information and feedback regarding these issues. Minutes from these meetings are attached Human Service Coalition continues to meet quarterly to discuss transportation issues. The goals of KATS remain the same: to provide safe and reliable transportation to those residents who need it the most so they might remain living independently for as long as possible. 5 Page 104 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.6.3. III.COMMUNITY I)HSCRIfr1 GN Kodiak, the oldest Russian settlement in the State of Alaska, is the second largest island in the country but has only 62 miles of roads. The service area of KATS runs from Monashka Bay to the U.S.Coast Guard Base and on to Women's Bav and is about 14 miles. The KA'tS bus that serves the public in the morning and evenings runs this route with specific stops. Kodiak's population is 13.568 and has remained steady with a bit of decline these past five years. Kodiak's industry is mainly fishing and government with the town usually in the top five of the nation's largest volume of fish delivered and with the largest Coast Guard base in the country housed here. Most of the growth in the community is out of the downtown area and into the Monashka Bay area where Safeway, Walmart and many new housing developments are located. New housing starts have remained consistent and current housing does not meet the housing demands largely placed by the number of new Coast Guard families in town. The senior population, now at 1292,grows at a 10%rate per year, much like the rest of the state with the fastest growing segment being those 75 and older. Alaska will have the second fastest growing senior population in the country in the next decade. Many people who are in the baby boomer generation and who have lived on Kodiak for a number of years plan to retire here. There is a shortage of housing for seniors but plans are in place to take action for new developments for independent housing as well as assisted living and new long term care facility. See the Kodiak Chamber of Commerce's Community Profile which is attached. 6 Page 105 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.8.3. IV.ASSESSMENT OF NEEDS In order to provide the greatest amount of input from the community. SCOK and other non profit agencies involved with KATS have used several strategies. These strategies include public meetings,surveys of providers, survey of riders and a review of this transit plan by the Kodiak Island Borough Assembly at a work session on September I I. 2008 and the regular public meeting on September 18, 2008. Citizens' comments as well as a public hearing on the transit plan were on the meeting's agenda. While everyone who provides transportation in Kodiak has been invited to the public meetings, it has been difficult to involve private providers other than Laidlaw. Non profit agencies have consistently been involved with KATS from its inception as a coordinated system in setting priorities, policies, reviews, referrals and ways to improve and showing support each year with the Department of Transportation grants as well as to the Kodiak Island Borough Assembly who has provided$10,000 a year in financial support for the system. Public meeting notices and minutes as well as Kodiak Island Borough Assembly meeting agenda and resolution are attached with this plan. Community Meetings Kodiak Human Services Coalition (ESC), which includes all Kodiak non profit providers, has been holding quarterly meetings since November, 2002. At each of these meetings updates are given from each agency as well as addressing needs of KATS coordinated system riders, priorities and overall how the system is working. At these meetings the local non-profits gather in a forum type atmosphere and keep everyone abreast of what each agency is doing. KATS is represented at these meetings by SCOK and Laidlaw. Prior to the Human Services Coalition group forming. KATS had representatives from the local non-profits serving in an advisory capacity for KATS. In addition to the local non-profits representatives, two members from the SCOK Board of Directors were on the committee. Human Services Coalition meeting minutes attached. Public Meetings With the directions coming from the federal government as well as the State Department of Transportation in having a community transit plan in place and including all transit providers. SCOK and other non-profits conducted public meetings prior to those from this year but records of those meetings are not to be found. 7 Page 106 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. The first of this year's public meetings happened on February 22, 2007 at the Kodiak Senior Center. At these and subsequent meetings, which were held every two weeks throughout April and May, in addition to the quarterly Human Services Coalition meeting, discussions took place about KATS coordinated service gaps, vehicle inventories, the new grant process and strategies to solve the unmet transportation needs for the next five years. Attached are the minifies from those meetings. What became most apparent at these public meetings was the need for transit services in the evenings and weekends and to provide services to those people who might be at the poverty guidelines but who were not associated with any non-profit agency. These people might need to get to the Community health Clinic. Head Start for parent meetings, Kodiak College and other areas in town. With only one KATS bus in service and it being mainly used by non-profit clients for most of the day and presently with little mass transit hours, these people who need transportation are not being served. It is projected that with the Community Health Clinic now servicing more than 800 patients each month, the mass transit hours need to increase. The number of patients at the clinic is expected to grow as is the number non profit riders,especially the number of seniors. Another unmet need that was identified at the public meetings was the need for transit service on the weekends and evenings. The final public meeting prior to the Kodiak Island Borough Assembly meeting to review the transit plan and approve by resolution was held May 7 at the Kodiak Senior Center. Minutes from that meeting are attached. Updated transit plan was presented to the Kodiak Island Borough Assembly for approval at their regular meeting on September 18,2008. Survey of Human Service Providers As a result of the meetings that began in February, 2007, non profit agencies listed unmet needs for KATS and available resources. The following are the present unmet transit needs for KATS: I. Need transportation for Community Health Clinic patients of which the number is growing each month and is now up to 800 patients a month. 2. Need rides for people who are at poverty guidelines but who are not associated with non-profits i.e. 1-lead Stan parents to get to nightly meetings at I-lead Start. 3. Need more service in the evening_mid-day and weekends for everyone. 4. Need more mass transit hours than the present limited service. 5. Need more transit time to get people to jobs on Coast Guard base late at night. 6. Need more transit time for nursing home residents. 7. Need rides for growing tourist industry'with the number of cruise ships doubling this year and Kodiak becoming a tourist destination. 8 Page 107 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. This is the revised list of non profit agencies' unmet transportation needs as of September,2008 1. Need transportation for new and enlarged Community Health Clinic of which the number is now up to 800 patients a month and will continue to grow. 2. Need rides for people who are at poverty guidelines but who are not associated with non profits i.e. 1-lead Start parents. 3.Need more service in the mid day and a second bus to run at that time. 4. Need more mass transit operational hours than the present limited service.With high gas prices people are calling each day to use the bus. We have capital fund to purchase a bus for mass transit but no operational funding. 5. Need more transit time for nursing home residents. 6. Need rides for growing tourist industry in Kodiak. This rear we had I8 cruise ships in town. 7.Need mobility manager contracted to review system and analyze inefficiencies. 9 Page 108 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.8.3. V. EXISTING TRANSPORTATION SERVICE AGENICES a. Senior Citizens of Kodiak, Inc. is located in the central downtown area. Its membership and services are for 60 years of age and older. Transportation provided by the agency is limited as seniors use KATS. One small live passenger van is used to deliver home-delivered meals each weekday. It is not ADA. A small ADA five passenger 1991 van is available for emergency use and also used when KATS is tied up picking up people for transportation to and from the airport for ADA clients. KATS is now used for the Island Cove Adult Day Program_ which is open on the weekends. SCOK is the owner of the 3 KATS vans. A new vehicle arrived in the summer of 2007. SCOK has no designated staff who serves as drivers and staff rotates in delivering home delivered meals. b. I lead Start is located in the upper area of downtown. They have a 28 passenger School bus which is solely used to transport their 40 students, 20 students per bus runs twice a day. The has is also used for educational field trips. Two people at Head Start are licensed to drive the bus. c. Kodiak Island Housing Authority has a school has that is used to transport students front low income hour in g. Woody Way, to school. This vehicle is also used to transport those same students to activities in the evening. KIHA also has a seven passenger mini van and two 4 door sedans which are used only for clients and staff d. Kodiak Area Native Association (KANA) has two vans that are used to transport village beneficiaries when they are in town for clinic appointments and for airport transportation for them. Only KANA beneficiaries are able to use this transportation to the clinic only. One van is a six passenger van and not ADA and the other is five passenger van that is ADA. e. Providence Kodiak Island Counseling has an II passenger van not ADA, a seven passenger van and a Ford Escort. None of the vehicles are ADA and they are all minimally used by staff when they are available and for Community Support Program clients only. Clients use KATS first. Hope Resources has a five passenger car and a van that seats eight and neither is ADA.They have no designated staff for drivers. g. Providence Kodiak Island Medical Center has no vehicles flu- transporting nursing home residents. h. Sun'aq Tribe has no vehicles. 10 Page 109 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. Best Western Kodiak Inn has one seven passenger non ADA vehicle that is used from transporting people to and from the airport to the hotel for their clients only ,j. Shelikof Lodge has one non ADA seven passenger van that is used for hotel purposes only. k. A&B Taxi has 23 vehicles,none of which are ADA and are for private hire only. laid law has 25 buses used for student transportation only and three are ADA buses. They have 42 employees and 5 are dedicated to KATS. Equipment&Personnel The table that follows shows the existing equipment and personnel. Availability of equipment is limited by the type of vehicle,source of funding,grant requirements and insurance requirements. Agency Equipment Availability Personnel SCOK 5 passenger van Meal Delivery None-only when Island Cove ADC available for *3 KATS Transit entereencies It for Buses Coordinated&Public meal delivery Transit Laidlaw contract-5 drivers Bead Start 28 passenger School Client Only 2 drivers Bus Kll-IA School bus-20* Client Only 2 drivers Minivan- 7 passenger 4-door sedan 4 door sedan KANA 6 passenger van KANA beneficiaries I driver only 5 passenger van* Page 110 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.8.3. Providence 7 passenger van For community When staff is Counseling Center I I passenger van support programs available only Providence Kodiak None None None Island Medical Center Hope Resources 5 passenger ear Clients only Staff when available 8 passenger van Best Western Kodiak 7 passenger van Hotel only Hotel employees only Inn Shelikof Lodge 7 passenger van Hotel only Hotel employees only A&B Taxi 23 cabs For hire only Paid taxi drivers Laidlaw 22 buses Student transportation 42 drivers 3 ADA buses` only * vehicle is equipped with wheelchair 12 Page 111 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. VI. IDENTIFICATION OF CAPS IN SERVICE Transit Needs Through community meetings and surveys,the following general areas were identi lied as areas where needs are not being met or the present method of providing for the need is not adequate and needs to he improved. Area of Need&Frequency of Need per Month I. More hours of coordinated transportation are needed during peak hours at mid-day and — 200 rides 2. More coordinated hours are needed for Kodiak Community health Clinic patients who cannot afford other transportation and are too sick to walk—200 rides 3. More coordinated hours are needed for nursing home residents—28 rides 4. Low income parents need coordinated transportation for Head Start parents in the evenings-81 rides 5. More hours are needed to get disabled to work in the evenings and weekends-25 rides 6. More service to KANA clinic on non beneficiary tobacco cessation and anger management sessions—52 rides 7. More service to get Brother Francis Shelter clients to work in the early morning— 112 rides 8. More coordinated service to provide disabled tourists—4 rides 9. More service for low income family transportation for single parents who are part of the Child Care Assistance Program—20 rides 10. More coordinated transportation specifically for shopping and to thrift stores-20 rides II. Coordinated transportation for youth employment during the summer months—50 rides 12. More transit hours to get people to Alcoholics Anonymous meetings throughout the community and on the Coast Guard Base—20 rides KATS currently averages about 1800 rides per month. With the unmet needs being listed, those projected rides would increase to more than 2500 rides per month. 13 Page 112 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. Vehicle Equipment Needs KATS now operates with one new vehicle and has two vehicles as a buck-up. The new vehicle arrived in the summer of 2007. This vehicle is used for the main use during the weekdays and weekends. We have been funded for another bus for mass transit service but we have not ordered that vehicle vet. In reviewing the inventory of vehicles owned by local non-profits,most are restricted to specific client use. SCOK now tills in for KATS when needed for emergencies and on the first Thursday of each month when the nursing home residents use the KATS vehicle for two hours for a regular outing. Personnel Needs Presently with KATS contract for administration and operations with Laidlaw, drivers are employed by this company. In order to expand service to meet transit needs and expand the service to evenings and weekends which was done this year, more drivers have been needed and operational as well as administrative costs have increased. Included in the contract with Laidlaw for operations are drivers. their training and testing. all maintenance for buses, insurance and dispatch services. SCOK presently pays Laidlaw$6879.57 each month in administrative fees and $36.86 per hour for operations. Extended hours for the weekend and previously for the evenings are extra charges. Fuel is charged separately but KATS receives the Laidlaw discount. Another$500 is paid to Laidlaw for being the main contact for complaints,and to coordinate information going to the non profit agencies. 14 Page 113 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.6.3. VII.PLANS FOR IUEROVENIENT AND STRATEGIES With the public and human Services Coalition meetings, the following recommendations for improvements to KATS were discussed. WHAT KATS DOES WELL X Reliable and dependable service for the target population of elderly, developmentally disabled_those at low income and welfare to work each weekday. X Good group of Kodiak providers who continue to support the coordinated system in contracting for rides as well as being supportive for grant proposals and public testimony. X Service meets mission in assisting people of all ages and the target population continues to live independently for as long as possible. X Service is ADA and door-to-door with drivers who are caring and provide good safety to riders.The drivers always get rave reviews. X Contract with Laidlaw is consistent with caring employees who stake sure riders are picked up and delivered safely inside of residence. X Coordinated service is flexible but allows for specific days for shopping and other schedules during the day. X Priorities allow for riders to get to medical and dental appointments first. X Mix of populations on the bus each day. X Number of riders continues to increase X 1-luman Services Coalition is ready-made venue for discussing coordinated service at each quarterly meeting with providers. X Complaints are handled by Laidlaw and SCOK immediately and resolved. X KATS continues to provide quality weekday service even in had winter weather. X Mix of funding sources to maintain operations. X SCOK staff can fill in once a month for nursing home residents to have an outing. X New vehicle replaced this year. . X Strong non-profit support for services for seven years and system is now on track financially. Page 114 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.6.3. 15 WHAT KATS NEEDS TO IMPROVE X Increased hours of operation during mid-day and continue service for weekends to serve unmet needs such as increased number of medical appointments at the Kodiak Community Health Clinic. unmet need of more shopping time, evening classes at the college.These needs were identified by riders in the annual KATS survey. X Outreach to those clients who are low income but who are not affiliated with local non profit so they might use service. X Increase hours of operation to meet unmet need of the new Kodiak Community Health Clinic patients, Head Start parents and Kodiak College students. X Make sure chains are on buses and ready to use at all times in the winter with steep driveways where clients need to be picked up or delivered. X Do more marketing to the community as well as City of Kodiak and Kodiak Island Borough on the asset KATS brings to keeping individuals living independently and benefits to the municipalities. X Have another transit bus to use for increased hours of operations and increase hours of mass transit especially for when new senior housing is located on Near Island. X Better marketing to assure all potential riders who need the service are aware of the coordinated system and use it. X Assure operational funding is stable and sustains system. 16 Page 115 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. STRATEGIES TO SERVE TARGET POPULATIONS Issues Strategies High Medium Low Priority Priority Priority Maintain Engage community leaders in x current transit needs, outreach & level of education efforts; identify services funding opportunities. Expand Increase service with 2" X KATS vehicle during weekdays so service more riders can be at medical appointments and nursing home residents have consistent outings. Enhance Continue to use I-ISC as x Commu forum; establish a website; nication provide newsletter for HSC & agencies; increase presence & Advocac testimony on a continuing y basis before City Council & KIB Assembly. Outreach With expanded hours, do x outreach to patients of Kodiak Community Health Clinic, KIHA residents, HeadStart and at l-ISC meetings to educate potential new riders. Page 116 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. Safe Assure that chains are on X equipme vehicle being used so clients nt in the can be picked up in steeper winter driveway areas. Seek Continue to work with HSC x other for contracts; seek other DOT operatio funding; advocate for transit nal funding from City of Kodiak. funding More Continue to seek more mass x mass transit finding to allow non transit agency riders services and hours have mobility manager to assess system. Marketin Complete marketing plan for x g coordinated service & distribute to agencies. Page 117 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.B.3. Commu Assure transit vehicles are x nity part of plan for Kodiak Island Planning Borough and work with KIB and City in pandemic planning and use of transit buses for evacuations. Page 118 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.6.3. VIII. PROJECTS 2009-2011 (.Assure KATS buses are safe and can make steep driveways in the winter in order to get riders who need the service to get to medical and other appointments so they might continue to live independently. 2. Develop communication and advocacy strategy at I-ISC meetings to meet with KIB and City of Kodiak for transit funding support. Use Sustainable Kodiak as advocacy group. 3.With the 2""KATS vehicle, look at funding for more coordinated transit hours during the mid-weekdays. 4.Assure transit vehicles are used in pandemic planning for the community. 20 Page 119 of 294 Resolution No. FY2014-28 Adopting the Priorities of the Kodi... AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH r' AGENDA STATEMENT + `'`i FEBRUARY 20, 2014 %°y a a- Assembly Regular Meeting TITLE: Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential(P&Z Case No. 14-012). ORIGINATOR: Bob Pederson FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This Comprehensive Plan amendment was initiated by the Kodiak Island Borough, following recent Borough Assembly action on a land disposal (P&Z Case No. 13-014). The parcel subject to this amendment was approved for disposal by KIB Resolution FY2013-20, which stated that this portion of land shall be replotted to become part of new Lot 2B (now Lot 2B-1), Block 9, Miller Point Subdivision (P&Z Case No. S13-024).The amendment will facilitate a Comprehensive Plan supported rezone from PL-Public Use Lands to RR1-Rural Residential One. That rezone will ensure consistent zoning of new Lot 2B-1 and will allow the land to be utilized for its intended disposal purpose. The Commission held a public hearing on January 15, 2014 on this request and found the request is consistent with the goals and objectives of the 2008 KIB Comprehensive Plan. The Commission voted unanimously to recommend the Assembly approve this Comprehensive Plan amendment request. 62 public hearing notices were mailed on Friday, February 7, 2014. Reponses received will be provided upon receipt by the Clerk's Office. Notices were also provided to the Service Area No. 1 Board. RECOMMMENDED MOTION: Move to adopt Ordinance No. FY2014-11. Kodiak Island Borough Page 120 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. Introduced by: Borough Manager 2 Requested by. Planning and Zoning Commission Drafted by: Community Development 3 Introduced on. 02/06/2014 4 Public Hearing. 02/20/2014 5 Adopted on: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-11 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING THE KODIAK ISLAND BOROUGH 2008 11 COMPREHENSIVE PLAN FUTURE LAND USE MAPS (FIGURES 4.2 12 AND 11.1) CHANGING THE FUTURE LAND USE DESIGNATION OF 13 A PORTION OF LOT 1A, BLOCK 6, MILLER POINT SUBDIVISION 14 FROM PUBLIC FACILITIES/OWNERSHIP TO RURAL RESIDENTIAL 15 (P&Z CASE NO.14-012) 16 17 WHEREAS, the Planning and Zoning Commission received a request by the Borough to 18 amend the KIB 2008 Comprehensive Plan Future Land Use Maps changing the future 19 land use designation of a portion of Lot 1A, Block 6, Miller Point Subdivision;and 20 21 WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the 22 commission considered the merits of the amendment request; and 23 24 WHEREAS, the commission voted to recommend to the Borough Assembly that the 25 future land use designation for this parcel be amended finding that the public necessity, 26 convenience, and general welfare and good zoning practice would be enhanced by such 27 action; and 28 29 WHEREAS, the commission hereby recommends that this amendment request be 30 reviewed and approved by the Borough Assembly.; and 31 32 NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH that: 34 35 Section 1: This ordinance is not of a general and permanent nature and shall not 36 become a part of the Kodiak Island Borough Code of Ordinances; 37 Section 2: The KIB 2008 Comprehensive Plan Future Land Use Maps (figures 4.2 and 38 11.1) are amended changing the future land use designation for a portion of 39 Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to 40 Rural Residential. 41 42 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 43 Commission are confirmed as follows: 44 1. This amendment follows the decision of the KIB Assembly that this parcel is 45 surplus to the needs of the Borough. Kodiak Island Borough,Alaska Ordinance No. FY2014-14 Page 1 of 2 Page 121 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. 46 2. For land to be conveyed to private ownership, a Comprehensive Plan future land 47 use designation of Public Facilities/Ownership would not be appropriate. • 48 3. A future land use designation of Rural Residential is consistent with the 49 designations of the surrounding residential areas. 50 4. A future land use designation of Rural Residential should have no adverse effect 51 on development trends or traffic in the surrounding area. 52 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow 53 the subject parcel to be utilized for its intended disposal purpose. 54 6. This amendment will assist in attaining specific goals and in meeting specific 55 policies, implementation actions, and implementation priorities stated in the 56 adopted Comprehensive Plan. 57 7. The Kodiak Island Borough Planning 8 Zoning Commission recommends approval 58 of the requested amendment. 59 60 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 61 THIS DAY OF FEBRUARY 2014 62 63 64 KODIAK ISLAND BOROUGH 65 66 67 68 Jerrol Friend,Borough Mayor 69 70 ATTEST: 71 72 73 74 Nova M. Javier, MMC, Borough Clerk 75 76 1 • Kodiak Island Borough,Alaska Ordinance No.FY2014-14 Page 2 of 2 Page 122 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. is ,�"d:. Kodiak Island Borough tt r ,, Office of the Borough Clerk e 710 Mill Bay Road $triO�!if ` Kodiak, Alaska 99615 Phone(907)486-9310 Fax(907) 486-9391 clerks0/kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, February 20, 2014, 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. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership(P&Z Case No. 14-012). Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks@kodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 3 p.m. on February 20, 2014. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance Nos. FY2014-11, FY2014-12, and FY2014-13 Page 123 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership(P&Z Case No. 14-012). Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). yr a al.-7 . ,v i. 41 r4 " ti,, B)Paean of Traci 8,NUM Point 7M ' YY Subdivision 1rern Raft Spaeot _ S ; }r c Planning Area to Rea Resbenl)el .e `• r ;may I yY $4,. t)rr Pont Subd A.Rlake r t I MHhr Point t, sJOw Ion Iran s ' \� Public FadatlesrOwnarahlp '1.;'?+' �+ol2A. '`y�A r to Rural ReaWanbal -,Al. 2)Lot l end a pabon of Lot 2A, f ' , It ,}„r 1 -' „ Block g Miller Pam Subdivision First r i - Fr'.. „ 4' b gs ' lion from Rural Residential to $ en ' a"Public FadGOBSIQ+meribm " is s +,r."'a� gp aa�a� 9,1 C ! L•x.15 u 71.y Ani, ,, .i Legend . R t r) P\ _Subject Parcelsp1 b. Zoning Legend ( Pubic Use Lands Q Rural Residential 1 f-1 Multi Family Residential CO Light Industrial ®Watershed Q Rural Residential 2 I=Business (=Rural Neighborhood Commercial 1 j Conservation f •I Single Family Residential=I Retail Business Q Urban Neighbomood Commercial E)Rural Reverential i - (Two Family Residential Q Industrial I=Natural Use Page 124 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. PUBLIC HEARING FORM Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership (P&Z Case No. 14-012). Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerks(c�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 3 p.m.on Thursday, February 20, 2014. Page 125 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. PHILLIP AGUIRRE ALASKA SEAFOOD PRODUCERS BERT ASHLEY PO BOX 1341 INC. PO BOX 425 KODIAK,AK 99615 PO BOX 1027 KODIAK,AK 99615 NEWPORT,OR 97365 BAYSIDE WEST BUSINESS PARK PHILIP BECKER ETAL DOROTHEA BLAIR ETAL 12042 SE SUNNYSIDE RD P O BOX 2163 PO BOX 8822 CLACKAMAS,OR 97015 KODIAK,AK 99615 KODIAK,AK 99615 LEE BONDURANT JOSE BRAVO RONNIE BRYANT PO BOX 8502 101 SORCERER CT PO BOX 2023 KODIAK,AK 99615 ANCHORAGE,AK 99518 KODIAK,AK 99615 CHARLES BURKEY JR ANTHONY CHACO CITY OF KODIAK PO BOX 576 PO BOX 2956 P.O. BOX 1397 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DANIEL DAVIS TRAVIS DIEMER ENERGY PLUS HOMES,INC PO BOX 420 PO BOX 8993 PO BOX 1066 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DAYNA FERGUSON MATTHEW FOSTER CATHERINE HAASE PO BOX 8612 3493 OTMELOI WAY 568 E. BORDER RD KODIAK,AK 99615 KODIAK,AK 99615 BISBEE,AZ 85603 REESE HEERINGA TODD HINER ALLEN HOFLER 984 HILLTOP DR P.O. BOX 671 CMR 479#77 KODIAK,AK 99615 KODIAK,AK 99615 APO,AE 09263 HOGAN CONSTRUCTION INC WELBY JENSEN KATHLEEN JORRITSMA 3099 SPRUCE CAPE ROAD P O BOX 808 3430 ANTONE WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 GARY NICHOL JR WILSON KODIAK ELECTRIC ASSOC KODIAK ISLAND BOROUGH 874 MALLARD WAY PO BOX 787 710 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615-0787 KODIAK,AK 99615 CHRIS KOSTELECKY LYNNAE LAWRENCE DANIEL LEITHEAD PO BOX 2383 126 INDIAN HEALTH WAY 3439 ANTONE WAY KODIAK,AK 99615 HARLEM,MT 59526 KODIAK,AK 99615 Page 126 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. BRADLEY MAJDIC BARBARA MAJDIC MARK MAJDIC PO BOX 345 PO BOX 993 P O BOX 993 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JULIUS MAJDIC ETAL ANNE MALUTIN JERE C MILLS ETAL C/O MARK MAJDIC P.O.BOX 633 PO BOX 1802 PO BOX 993 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 CORT NEFF TRAVIS NELSON STEPHAN PAULSON PO BOX 8592 PO BOX 8875 962 MALLARD WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KURT PEDERSEN JAMES PETERSON TERRY W POLLARD PO BOX 2405 P.O.BOX 2290 PO BOX 8523 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 SHIRLEY PRUITT LISA ROBBINS JOSEPH ROBINSON PO BOX 2144 P O BOX 2173 PO BOX 1861 KODIAK,AK 99615 KIRKLAND,WA 98083 KODIAK,AK 99615 CARL SHOLL TIMOTHY 8 KATHERINE STAMM NICHOLAS SZABO 3761 SUNSET DR 575 SILVER FOX LANE P.O. BOX 1633 KODIAK,AK 99615 WASILLA,AK 99654 KODIAK,AK 99615 DAVID URE MATTHEW VAN DAELE ETAL LAWRENCE 8 HILARY VAN DAELE P.O.BOX 2361 3741 OTMELOI WAY FAMILY TRUST KODIAK,AK 99615 KODIAK,AK 99615 3401 ANTONE WAY KODIAK,AK 99615 CORM VISFELDT DAVID WAGES JAMES WALKER P O BOX 2893 7122 SW 28TH AVE 8744 PAINE RD KODIAK,AK 99615 PORTLAND,OR 97219 ANCHORAGE,AK 99516 VALENE WILDE MICHAEL WILLIAMS CLARK YATSIK 3431 ANTONE WAY P.O.BOX 3257 482 SHEARWATER WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 GUARDIAN LANDING,LLC BRYAN 8,THOMAS BOWER 522 SOUTH HUNT CLUB BLVD#228 PO BOX 1373 APOPKA,FL 32703 EL GRANADA,CA 94018 Page 127 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. Kodiak Island Borough A r /c 11, Community Development Department At 46 11(1. - 710 Mill Bay Road Kodiak, Alaska 99615 " Phone (907)486-9363 Fax(907)486-9396 www.kodiakak.us Memorandum Date: January 23,2014 To: Mr.Charles E.Cassidy,Jr.,Borough Manager Cc: Mr.Robert H.Pederson,ACIP,Director,Community Development Department From: Jadc L.Maker,Assistant Planner RE: Transmittal of Comprehensive Plan Amendment Case 14-012,information for the February 6, 2013 regular Assembly agenda. The Kodiak Island Borough Planning and Zoning Commission, as required per KIBC 17.205.055, hereby transmits the January 15,2014 meeting materials and recommendations for three (3) KIB 2008 Comprehensive Plan amendments for consideration of the Kodiak Island Borough Assembly. P&Z Case No. 14-012 addressed all three of the Comprehensive Plan amendments. Separate agenda statements and ordinances have been drafted for each of the three amendments, all of which are included in the transmittal materials. The P&Z Commission recommends approval of these three (3) Comprehensive Plan amendment requests. The Planning and Zoning Commission at their meeting on January 15, 2014 moved to forward the requests, recommending approval, to the Borough Assembly. The Commission perceived no major policy implications related to these requests, and found the requests to be generally consistent with the goals and objectives of the adopted comprehensive plan. Attachments: Draft Agenda Statements (3); Draft Zoning Ordinances (3); P&Z Decision Letter; P&Z Minutes; P82 Case Packet 14-012. Page 128 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. p$0 8o40 KODIAK ISLAND BOROUGH 0t COMMUNITY DEVELOPMENT DEPARTMENT P 8 Z JANUARY 15,2014 Q t PUBLIC HEARING ITEM:7 A a r SUMMARY STATEMENT S ALASKA Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT ITEM TITLE: Case 14-012. Request an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the land use designations for the following parcels: 1. A portion of Lot 1A,Block 6,Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A,Block 9,Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. RECOMMENDED ACTION: Staff recommends that this request is consistent with the adopted comprehensive plan, satisfies the requirements of Title 17 of the Kodiak Island Borough Code for an amendment, and recommends approval of the request. APPROPRIATE MOTIONS: Should the Commission agree with the staff recommendation,the appropriate motions are: AMENDMENT NO. 1 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. AMENDMENT NO.2 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. AMENDMENT NO. 3 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Case No.14-012 Summary Statement Page 129 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. KIB Location & Zoning Map "4 E neav s Location and Zoning Request anamendment to the Kodiak Island Borough 2008 Comprehensive Case No.14-012 Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the land use Applicant:Kodiak Island Borough designations for the following parcels: a A portion of Lot ea Block 6,Miller PointiSubdivision from Public Facilities/Ownership,to Rural Residential; a Lot land a portion of Lot'2A,Block 9,Miller Pointaubdivision First Addition from Rural Residential to Public Facilities/Ownership;and a A portion of Tract B,Miller Point-Subdivision from Future Special Planning . Area to Rural Residential. . qee Mme. r`/ r lei jP d ® f ' t' N t 0 e. J 0 a. a t; 3 Rotten of Tract B.Future Sr Point v. - a h ¢A r 4 Subdivision from Future Special 6 �.� ,•. Planning Area to Rural Residential r y „ -.. z ' c n P 4 \ i 44 t t � xCO v ° .e r Bt '�✓b,^ • ° r;Ll ; f y �1)PO n of Lot 1A Block 6 w , 1. cv' '6( ,,i ° • a" ,, Miller Point Subdivision from W \ < 4I °tm k k Public Faaltbes/Ownership 1;; . 4 W ,�' _—a • „ .,.ryr to Rural Residental y_. 2)Lot 1 and a portion of Lot 2A, s j"t; F k S,Y y 4,:s., 4„_ :.Block 9 Miller Pmnt Subdivision First Me t �3"---44: a 1r Vi • Addition from Rural Residential to 9 47 p, Pubic Facilities/Ownership ;tits, rAal, 4wp '<i a th Y,. 711��da?? • ' '�< . r . w . {H { S. w'o'o C".*:,4 vA 4 -a-AA 1 _ .1-ys�rti 5 y o .t. q wv ■ * 1-- Legend °,4, � • "3 s;S ii;k .111 Subject Parcels(COY s 0 is a, k .ya r. � : is Zoning Legend R1]Public Use Lands 0 Rural Residential 1 V77 Multi Family Residential Q Light Industrial SU Watershed Q Rural Residential 2 Q Business r1 Rural Neighborhood Commercial I I Conservation I I Single Family Residential 0 Retail Business Q Urban Neighborhood Commercial 1.1.,.1 Rural Residential a Two Fancily Residential Q Industrial Lai Natural Use Kedlak bland Borough GIS Community Development Department vvvc gcceas Roads nitplrwuet kWiakan.asiei (907)486-9337 anY- srsttni iisNa1,gyre .te 1 IntztreyanY l�gyrtµexntetuna. Ell unc-^m'ee Rest otwaYs Case No.14.012 Introduction Page 1 of 2 Page 130 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. k- Imago Overlays 1 w�?^x., a� e.' ReQUest ao amendment to the KodlablslanA Borough 2008 Comprehensive�' . wv�av1n@:wnymm..upw m t.'. Case NO 34012� /, §i Future Wntl USe Maps(Frgure54Y2 and ll l)chdngingl the land USe4 y Appliw�nn» �ak Island Bt ug 'a designations for ttie following parels: ` e i p �1 A portion of Lo#e Block Rural Resgfn t ,-;,tR on from iln Fit-M./A_'r- +rTvties/*wnRkrav�l. 01 : Fat;li and a pnership ro Rral Residential ��• �`4:44,,--.--r,.2. Ld� d e�portion of LoMiller Paint Subdrvl�s�mn dtlrban• 4 • a' i � s from Rum�al us a to facil_litii s/Ow ershrp�`a,..f.k r. ,.•,use. r 'RA'S ??'#. Y3 A portion o ct B,,gM Iler Po nl Subdivision?nom Future Special Planni 1g k a. sr " Y Area to Rural Residential t. i *3x „a^i5 $ .o x., . '. - ;ir�I �• ;Rl r `rt'1 n-t4v:ti §, ., �— i� § Ot� _ ,� ,-k '� .Y J ei ,+,str f"` e on '40 '� - p S° 3 Y 4 §rc:a. cant J Xft aft .V q 9'.� > ;: `m, P € a X• 4'1 4t»GVON - d z Z;VA `3 Xi- i ' .: t r" e (07k-v3"`.S'w rH ;. • -7." aA b - �o �� as t' .11 -•?*r/rta,' 7',4a s r+ 5 e 1 „e'}�[[¢C¢. t� /s y4 t �V S , Lt-4• 'M� A 3) '"of Tract B,Miller Point § ig�'r m` '�., \® 'll / Subdivision from Future Special ,k.ycy'i�y f f 'yam(" g �?.• �,�,- s aj Planning Aream Rural bsdenLal 4 K g1 ,18 fie"9 —' ,�.fry•f' F 'e ti'iA '3?cY"wt ° 1 L'?��a�y�pf}� i p++ / j :,yy� 9 �.+Mc ..L, 4. ate. jçj; ?r fie ila C x ;e A L, sg+. 1r..-Ts Lr� a{f/"-.1.-p-s ,puee 4-4;4 ta . §'P .e 41, 4r t i s�$ ' �> �`'3 e :'4'�t' y;;; 4*up �evS Ss § ' j SC p C i 1�A �� y`N f , , 1 ps''O/a' a .. -,, ,w. v..,.S� '7 ® ,ii�� j( .,� ® o war ,.--„,:.,.551,...,?, c. x't^y� AIj��C�7t n. portion of Lot 2A r' S4"n -b• J {, y' .3 T Pesial t ural Residential to e a @• O,� y b1F PPublic Fa POwnershr 1 • 3J q[/" , ', Ts ."'-'' "` r. �awa +. a. 3S t ' / '' r F 1 � � - oyPw c O ,� r + s, j a a ,'itti 1 r i1� 1 AV} _ t t, (1�rv4,-.l'' . tp ,$; l t c i Ps -; rl i.,s :41i wr CIK�vr`et' �/Z� { ' Ak. ' k t` ik/? � :q !u\ .� tt! 1)PONOn of Lot lA Block 6,f,,. �\�ane� ��ccc _ F w.• L t .�` s 1 s• Mlller Point Subdimsan from r �®., t k-.. �y, + Public Fatl hies/OwnersN Irbl t, r i T .*�"c'� y�,y. �, 9fyo+RUral Resident al 1 p �i '"`". cl I 'W` "'"$L.. :.� H'ate' + Y—�i � s '' ..'it �� !ma•e Overla Legend 19, nSubject Parcels s HWlak ialane Borough GB Community Development Deparoneni nttp:Ihnw.aode4aCua•is(Oen'lee 933,, ull..ed nmatluum egiry a�wur Case No 14-012 lnrrodutlion Page 2 of 2 Page 131 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. P sD aoq KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P&Z JANUARY 15,2014 C •• ITEM:' "' PUBLIC HEARING ITE7A 0 -4:. ¢. Ts% STAFF REPORT ALASKA DATE: January 3, 2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 14-012 APPLICANT: Kodiak Island Borough REQUEST: An amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the future land use designations for the following parcels: 1. A portion of Lot 1A, Block 6,Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. LOCATIONS: 1)961 Mallard Way;2)3341 &3391 Antone Way;3)4352 Monashka Bay Road ZONING: 1) PL-Public Use Lands;2) RR1-Rural Residential One;3)PL-Public Use Lands NOTICE: Sixty-two (62) public hearing notices related to this request were mailed December 24, 2013. No public hearing notices have been returned. SITE VISIT: Various 1. Zoning History: Lot 1A. Block 6, Miller Point Subdivision • Designated as Residential Unclassified by the 1968 Comprehensive Plan. • Rezoned to RR-Rural Residential by Ordinance 1980-9-0. • Rezoned to RR1-Rural Residential One by Ordinance 1983- 15-0. • Rezoned to PL-Public Use Lands by Ordinance 1991-19. Lot 1 and Lot 2A, Block 9, Miller Point Subdivision First Addition • Designated as Residential Unclassified by the 1968 Comprehensive Plan. • Rezoned to RR-Rural Residential by Ordinance 1980-9-0. • Rezoned to RR1-Rural Residential One by Ordinance 1983- 15-0 Tract B, Miller Point Subdivision • Designated as unclassified by the 1968 Comprehensive Plan. • Rezoned to PL-Public Use Lands by Ordinance 1968-16-0. Case No.14-012 Stall Report Page 1 of 10 Page 132 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. P 4D 904 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P&Z JANUARY 15.2014 PUBLIC HEARING ITEM:7 A Q t STAFF REPORT 'L ALASKA 2. Lot Size: Lot 1A, Block 6, Miller Point, 11.63 acres (Portion subject to this request,±2,410 square feet) Lot 1, Block 9,Miller Point Subdivision First Addition, 1.58 acres Lot 2A, Block 9 Miller Point Subdivision First Addition, .52 acres (Portion subject to this request,±14,379 square feet) Tract B,Miller Point Subdivision, 34.69 acres (Portion subject to this request,±11,935 square feet) 3. Existing Land Use: All parcels subject to this request are vacant. 4. Surrounding Land Use and Zoning for Lot 1A. Block 6, Miller Point Subdivision and Lot 1 and Lot 2A, Block 9, Miller Point Subdivision First Addition: North: North Star Elementary School Zoned PL, single-family residences zoned RR1, and vacant parcels zoned RR1. South,east,and west: Single-family residences and vacant parcels zoned RR1. Surrounding Land Use and Zoning for Tract B.Miller Point Subdivision: North and west: Single-family residences zoned RR1 and a vacant parcel zoned PL. East: Single-family residences zoned RR1 and warehouse/outdoor storage facilities zoned B. South: Single-family residences and vacant parcels zoned RR1. 5. Comprehensive Plan: The 2008 Comprehensive Plan Future Land Use Maps designate area 1 as Public Facilities/Ownership, area 2 as Rural Residential, and area 3 as Future Special Planning Area. 6. Applicable Comprehensive Plan Future Land Use Designations(Chapter Four,Page 13): Rural Residential. This designation allows for residential development at rural densities where municipal water and sewer treatment facilities are not available. Such development must take place on larger lots and would include uses allowed in the RR, RR1, and RR2 zones. Public Facilities. This zone is intended for public facilities such as water and wastewater treatment facilities, police or fire stations, and other public facilities, but not including parks and recreation facilities. Future Special Planning Area: The Comprehensive Plan does not define this future land use designation. Case No.14-012 staff Report Page 2 of 10 Page 133 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. pr4o eoq KOD IAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P 8 Z JANUARY 15,2014 'T �' PUBLIC HEARING ITEM:7 A 0 "� ` STAFF REPORT 3 ALASKA .. 7. Applicable Requlations: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. KIBC 17.205.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. KIBC 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. KIBC 17.205.060 Hearing determination. The assembly shall consider an application or commission recommendation for change in the boundary of a district or any other commission recommendation proposing a change in this title, and the report of the commission at its next regular meeting after receipt of such report. If,from the facts presented and by the findings of the report of the commission, it is determined that the public necessity, convenience, general welfare and good zoning practice requires the change or amendment of any portion thereof, the assembly by ordinance shall effect such amendment, supplement, change or reclassification. Case No 14-012 Staff Report Page 3 of 10 Page 134 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. p,M1 aoq KODIAK ISLAND BOROUGH d. _ COMMUNITY DEVELOPMENT DEPARTMENT y .',,.: I„ P 8 Z JANUARY 15,2014 PUBLIC HEARING ITEM:7 A STAFF REPORT 3 ALASKA PLAN AMENDMENTS This request to amend the 2008 Comprehensive Plan was initiated by the Kodiak Island Borough as the first step of the rezone process for two land disposal properties and for property previously purchased by the Borough. To ensure the rezone requests will be consistent with all aspects of the Comprehensive Plan, the following amendments to the Future Land Use Maps are necessary: Parcel 1 Change the future land use designation for a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; Parcel 2 Change the future land use designation for Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership; and Parcel 3 Change the future land use designation for a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. PLAN AMENDMENT JUSTIFICATION Parcel 1 This parcel was determined to be surplus to the public's need and was approved for disposal by KIB Resolution No. FY 2013-20 (Case No. 13-014). The parcel is intended to be combined with an adjacent parcel zoned RR1 to create Lot 2B-1, Block 9, Miller Point Subdivision First Addition (Case No. S13-024). The site has a future land use designation of Public Facilities/Ownership and residential uses are not expressly allowed in that future land use designation. Parcel 2 This parcel was purchased by the Borough in 2001 (KIB Resolution No. 2001-33) with the intent of combining it with the North Star School Tract (Case No. S13-024). The site has a future land use designation of Rural Residential and schools are not expressly allowed in that future land use designation. Parcel 3 This parcel was determined to be surplus to the public's need and was approved for disposal by KIB Resolution No. FY 2014-14 (Case No. 13-031). The parcel is intended to be combined with an adjacent parcel zoned RR1 to create Lot 2-B, Miller Point Subdivision (Case No. S14-004). The site has a future land use designation of Future Special Planning, which is not defined in the Comprehensive Plan. Changing the future land use designation to Rural Residential will accommodate the intended residential use of the parcel. Prior to replatting and rezoning these parcels, the Comprehensive Plan Future Land Use Maps need to be amended so that the proposed zoning for each parcel will be consistent with the future land use designations on those maps. Approval of the requested Future Land Use Map amendments will ensure the rezones are consistent with all aspects of the Comprehensive Plan_ Case No.14-012 Staff Report Page 4 of 10 Page 135 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. pNa eoq KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Y v•. P 8 Z JANUARY 15,2014 PUBLIC HEARING ITEM:7 A a ".: �` STAFF REPORT 3 ALASKA OF PLAN AMENDMENT WITH THE COMPREHENSIVE PLAN The Comprehensive Plan states that: "Implementation is the most important phase of the planning process. It is when the goals and policies of the Comprehensive Plan are transformed into actions. A Comprehensive Plan, no matter how well crafted, is of little value if it is not implemented and used to inform other Borough and local community planning decisions. Implementation of the Comprehensive Plan can and should be carried out through the following strategies: • Regular review of the Comprehensive Plan by staff as specific policy and administrative decisions are evaluated. • Incorporation of plan priorities and projects in annual Borough work plans, budgets and Capital Improvement planning processes. • Development and use of a system to notify plan holders or other interested parties of proposed and/or adopted Plan amendments." The proposed plan amendments will assist in attaining the following Comprehensive Plan goals and are consistent with the policies, implementation actions, and implementation priorities of the adopted Comprehensive Plan: Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy:Zone land to meet future housing, commercial, industrial,and other land needs. Implementation Action: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native-owned lands to help meet these needs. Goal: Continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures. Implementation Action: Update and enhance the KIB Zoning Ordinance, as well as other planning procedures to meet land use and planning goals cost effectively and efficiently. Goal: Establish goals, priorities, and procedures for acquisition, disposition, and management of Borough-owned lands. Implementation Action: Develop a land management policy that: identifies property on the road system that is used by the public but is not in public ownership; identifies property on the road system that is needed for fire stations, school sites, recreational areas and other public uses; and identifies property for acquisition by the Borough through purchase or trade. Implementation Action: Develop a land management policy system and portfolio for Borough-owned lands that inventories resources and potential uses, and designates which lands the Borough should retain and which lands it should sell or trade. Goal: Help ensure an adequate supply of land for housing and a sufficient stock of housing, including affordable housing,are available for Borough residents. Case No 14—012 staff Report Page 5 of 10 Page 136 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. PNO eoq KODIAK ISLAND BOROUGH y, COMMUNITY DEVELOPMENT DEPARTMENT Z JANUARY 15,2014 PUBLIC HEARING ITEM:7 A t "•3`,� STAFF REPORT S. ALASKA Goal: Support the provision of quality elementary and high school educational services and facilities for all Borough residents. Implementation Priority: Maintaining and improving school facilities and educational opportunities in communities throughout the Borough, including addressing major maintenance issues, providing a consistent range of educational opportunities and ensuring that the population remains high enough to provide schools in communities where they are needed. Implementation Priority: Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. EFFECT OF PLAN AMENDMENT ON RECENT DEVELOPMENT TRENDS IN THE AREA Development trends within the proximity of all three parcels are focused on the establishment of single-family residences. Although current development has been gradual, the area exhibits all the indicators of continuing expansion and increasing intensity of use within the surrounding neighborhoods. Parcel 3 is the only parcel that is within proximity of non-residential zoning (i.e.. B-Business Zoning along Rezanof Drive). The commercial development trends in that area are focused on outdoor storage and warehouse uses. There is no indication that those trends will change within the near future. The requested amendments are consistent with the residential development trends of the surrounding areas and will have no adverse effect on the commercial development trends within the vicinity of parcel 3. IMPACT OF PLAN AMENDMENT ON AREA TRAFFIC The requested amendments will result in no change to the current traffic level of the surrounding areas. SUMMARY • The amendments will facilitate rezones that will the prevent split lot zoning of the respective new lots and allow the subject parcels to be utilized for their intended disposal and acquisition purposes. • The amendments should have no adverse impact on the current development trends and traffic in the affected areas. • The amendments will facilitate the future expansion of North Star Elementary School that may be required. • The amendments will assist in obtaining specific goals and meeting specific policies, implementation actions, and implementation priorities of the adopted Comprehensive Plan. CONCLUSION Staff has determined that this request is consistent with specific goals, policies, implementation actions, and implementation priorities stated in the KIB 2008 Comprehensive Plan. Staff supports a favorable recommendation from the Commission and approval by the Assembly. Case No.14-012 Staff Report Page 6 of 10 Page 137 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. 9.140 Boq KODIAK ISLAND BOROUGH y_ COMMUNITY DEVELOPMENT DEPARTMENT P 8 Z JANUARY 15,2014 PUBLIC HEARING ITEM:7 A 0 °' A. REPORT 1. ALASKA RECOMMENDATION Staff recommends that the Commission forward this amendment request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation,the appropriate motions are: AMENDMENT NO. 1 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Staff recommends that this motion be approved. FINDINGS OF FACT FOR AMENDMENT NO.1 (KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership,a Comprehensive Plan future land use designation of Public Facilities/Ownership would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning 8 Zoning Commission recommends approval of the requested amendment. AMENDMENT NO.2 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14- 012. Staff recommends that this motion be approved. FINDINGS OF FACT FOR AMENDMENT NO.2(KIBC 17.205.020) 1. This amendment follows the 2001 decision of the KIB Assembly to acquire property for incorporation into the North Star School Tract. Case No 14—012 Staff Repon Page 7 of to Page 138 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. PNV eoq KODIAK ISLAND BOROUGH y. COMMUNITY DEVELOPMENT DEPARTMENT 1. P&Z JANUARY 15,2019 , r. PUBLIC HEARING ITEM:7A STAFF REPORT ALASKA 2. For land to be incorporated into the North Star School Tract, a Comprehensive Plan future land use designation of Rural Residential would not be appropriate. 3. A future land use designation of Public Facilities/Ownership is consistent with the designation of the adjacent North Star School Tract. 4. A future and use designation of Public Facilities/Ownership should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the parcel to be utilized for its intended acquisition purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning &Zoning Commission recommends approval of the requested amendment. AMENDMENT NO. 3 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Staff recommends that this motion be approved. FINDINGS OF FACT FOR AMENDMENT NO.3(KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Future Special Planning Area would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning&Zoning Commission recommends approval of the requested amendment. Case No 14-012 Staff Report Page 8 of 10 Page 139 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... 0 a. tv CD to z 0 T j N O_ a cn.rr,,.ed t.er, revue, f. figure 4.7 .�iN/i %i j ti' /„ii/�N�iii,.%viii '// Al A ;� 'lor�! .- ' HAY << i';;; i�, i /ii;. ! / ..1%',/7;;;7,1,/,,' � '�.. 3 Portion of Tract B,Miller Point /�/' //,,+ '�i//�� /�i i �/ - -ee '�"� e /,1 'C Subdiviston from Future Special to Rural Residential 0. '-7/, 7 "7,”</77•1"7/577 i/ii/iii 7 i , rat y. .,. eta T / i /i J /S . ?. / per' / ", r n. /■ ii/..iii ii/i%i/ii�i a l _. CD ��r F i` y 2)Lot 1 and a portion of Lot 2A 1 S ,9 � '' c°,"",,.Le. 7 Block 9 Miller Point Subdivision First �r tt � 1-. ��` Atltlrtion from Rural Residential to ..^t° ' ' - Public Facilities/Ownership CT' / # *.” 1, CO N °!MNa +n,-x' Fb }'c"4. dr. 00 g',"n. N rH,p.y aa. �ihY>8 , '+e< r - zx u- r ^-s yam`y " .. ? ��- t)Portion of Lot 1A,Block 6, W 4'tpL- �' �°" �.em� s Miller Point Subdivision from �, @' .+5s r r"0a�" a ._• Public Facilities/Ownership alT ` f .f [x tR` =try,`._o Rural Residential ' i.;:-. 4 .V 4 7 eil 4s / _ ,MFs ps N Lfay Kodiak Island Borough-Kodiak Urban Area:Proposed Future Land Use o Cwnmeetomasnea Q pubic FrIWeMTnenap Conuweam ©Rural Resdenemi Q Future Spewed Planning Ana Cie U2en ResleMW o IrIwuiaaloaNeuters o Watershed _ Q Open SoaWRYReion n otllakls ane "-' uaer(ed Imm the Rodi.Y Urban Area ronin OkCIU N up�y 0 Commu Ues,mPmwnlMptirment.2 5 r0 ni Z °n 0 Case No.14-012 Staff Report Page 9 of 10 � N „1 c0 A V Cm) n v 0 a s 0) a) z 0 ` a.. vn M t) �'Y 1 �,Y", P i1'�+w� .�� '.k¢ -a�'WC• °i'r "4 .j A b q NJ O0 5 xi - 'w Jr' "C":''''' ,.,r,a'a $ r 4' �a El A vy� A x ,' 3)Portion of Tract B Miller °� ti `+t tr2� � :.., lit'. K d` . . n.Point Subdivision from D '� a1 WI"'' Future Special Planning Area to Rural Residential co a 1krt t 5)' ,*' or is .. a,2)Lot 1 and a portion of Lot 2A, .4 w Block 9, Miller Point Subdivision ""r yt N) First Addition from Rural Residential ° I. °w .a?to Public Facilities/Ownership , - t L � r *,. . a , „ .1-0 •CA IA' n ++a. f 14 ,x%va.. p.• -1:`.4- ,x 1)Portion of Lot 1A, Block 6 1 i_ t .z Miller Point Subdivision from r 4 F I' ti-a '�-.PublicFacilities/Ownership torq�a�;p t - z ' ', a -4's . Rural Residential ' Ky. v Y. ,f c t '' . >;t 4 'la' �^>4rt i "g',iak, ny, J� 4 j�i M� ' F IN (o fi” ..t trr t 'fi nr�`' ,� y �° n`' .,k$ .t 14 xe, � CD IN :71 Case NO.16-ol2 5taf(Repwi Page l O Of 10 � 0 N A it `J AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 aww.kndiakak.us November 24.2013 Public Hearing Item 7-A PUBLIC BEARING NOTICE A public hearing will be held on Wednesday,January 15,21114.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: 14-012 APPLICANT: Kodiak Island Borough REQUEST` An amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the land use designations for the following parcels: I. A portion of Lot IA, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot I and a portion of lot 2A, Block 9- Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. LOCATION, I)961 Mallard Way:2)3341/3391 Antone Way;and 3)4352 Monashka Bay Road ZONING. PL-Public Use Lands and RRI-Kural Residential One This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally,you may provide your comments in the space below or in a letter to the Conti uunity Development Department_Written compiler*.mast are recd,ed by 5 pm.Januar\ 3.21114 to be considered by the comp ission.If you would like to fax your continents to us,our fax number is: (907)486- 9396,or you may email your continents to ssmilhmkodiakak.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,January'8,2014,n work session will be held at 6:30 p.m in the Kodiak Island Borough Conference Room(4121),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 leave any questions about the request or your appeal rights,please feel free to call us at 486-9363. Your Name: ..i ailing Address: Your property descripiiom Comment... Case No.14-012 Public Comment Page 1 of 4 Page 142 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. Location Request an amendment to the Kodiak Island Borough 2008 Comprehensive 1)961 Mallard Way;2)3341/3391 Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the land use Antone Way;&3)4352 Monashka designations for the following parcels: Bay Road I. A portion of Lot 1A,Block 6,Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; Case 14-011 2. Lot 1 and a portion of Lot 2A,Block 9,Miller Point Subdivision First Addition Applicant from Rural Residential to Public Facilities/Ownership;and Kodiak Island Borough 3 A portion of Tract B,Miller Point Subdivision from Future Special Planning Area to Rural Residential. Ea IM sllka Bay Road O�'e■ 3)Portion of Tract 8,Miller Point ® '• MA �� Subdivision from Future Special �� Planning Area to Rural Residential lir , OMEN 1k4? 17'1* # '. ", . . igabit Ast iff gry P2 a -. , % Eta ilir ®- 1)Portion of Lot 1A,Block 6, �' ii ®sisal - .S_ Miller Point Subidivision from �� 42)Lot 1 and a portion of Lot 2A,Block p,c Public Facilities/Ownership to 9,Miller Point Subdivision First Addition '�.--,i Rural Residential from Rural Residential to Public �. r\�® �,� ill Ilr Facilities/Ownership as �� walla d`a !• Wri '\t, qqa�a 4 t;® is 4)�imiew e10 ® �am, _. g s® a tow, - a ityi le a ''n'ilif!l'\ •a.-.?.,' nitstart4 , - inn: Public Hearing Notice Legend 1y �N�v�� Feet I I Notification Area P aso 900 1.000 I I Subject Parcels W/ S Kodiak Island Borough GIs Community Development Dopanment =__-gccess Roans trot Ao-mskodiakakusigls l90n 409.9331 °ehaau Iteale,mnueuftoieoloLea�ssuns. Un,nnaliucled RehlotWars Case No.14-012 Pubic Comment Page 2 of 4 Page 143 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... 0 a a) o z O 11 N) N) O_ A foot naBVP Ia5[ na P Mai_linc_ mat Linea Mail Oty Mall Stale Mall 212 PHILLIP AGUIRRE PO ROX 1311 KODIAK AK 99615 D ALASKA SEArOOD PRODUCERS INC. PO BOX 1027 NEWPORT CR 97365 3 BERT ASHLEY PO BOX 425 K0DIAK AK 99615 CD 7 RAYSIDE WEST BUSINESS PARK 120425E SUNNYSNE RD CLACKAMAS OR 97015 _. PHILIP BOXER!iAL P KODIAK At 99615 7 (0 DOROTHEA BLAIR SAL PO BOX 9822 KODIAK AK 99615 3 LEE BONDURANT PO BCX 8502 KODIAK AK 99615 CD BRYAN BOWER PO BOX 1373 CI GRANADA CA 94018 105E BRAVO 191 SORCERER CT ANCHORAGE AK 99518 W RONNIE BRYANT PO BOX 2923 KODIAK AK 99615 O CHARLES BURKEY!R PO BOY 576 KODIAK AK 99515 O ANTHONY CHACO PO BOX 2956 KODIAK AK 99615 CO CITY OF KODIAK P.C.BOX 1397 KODIAK AK 99615 o DANIEL DAVID PO BO%420 KODIAK AK 99615 3 TRAVIS DIEMER PC OOX 8993 KODIAK AK 99615 ENERGY PLUS HOMES,INC PO BON 1066 KODIAK AK 99615 7- DAYNA FERGUSON PO BO%8612 KODIAK AK 99615 MATTHEW FOSTER 3493 OTMELCI WAY KODIAK AK 99615 E/1 CATHERINE ]HAMS 568 E.BORDER RD BISBEE Al 85603 REESE HEERINGA 984 HILLTOP DH KODIAK AK 99615 TODD HINER P.O-BOX 6]1 KODIAK AK 59615 • ALLEN HULLER CMR 479077 APO AF 09263 HOGAN CONSTRUCTION INC 30995PR000 CAPE ROAD KODIAK AK 99615 WELBY JENSEN P 0 BOX BOB KODIAK AK 99615 KATHLEEN 10RRITSMA 3430 ANTON'S WAY KODIAK AK 99615 GARY NICHOL IR WILSON 874 MALLARD WAY KODIAK AK 996Th KODIAK ELECTRIC ASSOC PO BOX 787 KODIAK AK 936150787 KODIAK ISLAND BOROUGH 710 MILL BAY BD KODIAK AK 99615 CHRIS KOSTELECKY PO BOX 2383 KODIAK AK 99615 n LYNNAE LAWRENCE 176 INDIAN HEALTH WAY HARLEM MT 59526 /�1.a DANIEL LEITHEAD 3539 ANTONE WAY KODIAK AK 99615 L L I N BRADLEY MAIDIC PO BOX 345 KODIAK AK 99625 Z 0 N BARBARA MAIDIC PO BOX 993 KODIAK AK 99615 O A n A N Case No.14-012 Public Comment Page 3 of 4 rn CO A It GJ n 0 s o CD z 0 71 N) N O_ A MARK MA/DIC 00 BOX 993 KODIAK AK 99615 LUAUS MAJOIC ELAL C/O MARK MAIDIC PO BOX 993 KODIAK AK 99615 D ANNE MALUTIN 90.909633 KODIAK AK 99615 3 J(RE C MILLS ETAL PO BOX 1802 KODIAK AK 99615 (P COPT NEFF PO BOX 8592 KODIAK AK 99615 w TRAVIS NELSON P090%88]5 KODIAK AK 99615 0 STEPHAN PAULSON 962 MALLARD WAY KODIAK AK 99615 3 KURT PEDERSEN PO BOX 2405 KODIAK AK 99615 CD JAMES PETERSON P.O.00X 2290 KODIAK AK 99615 X TERRYW POLLARD P000%8523 KODIAK AK 99615 CO SHIRLEY PRUITT PO BOX 2144 KODIAK AK 99615 O LISA ROBBINS 9 0 605 2573 KIRKLAND WA 98003 O 105CPH ROBINSON PO9011961 KODIAK AK 99615 CO CARL SHOLL 3751 SUNSET DR KODIAK AK 99615 0 TIMOTHY&KAM[RINE STAMV. 575 SILVER FOX LANE WASILLA AK 99654 3 NICHOLAS SZABO P.O BOX 1633 KODIAK AK 99615 DAVID URE P.O.00X2361 KODIAK AK 99615 id MATTHEW VAN DAELE[SAL 4741 OTMELOI WAY KODIAK AK 99615 CD LAWRENCE K HILARY VAN DAFLE FAMILY TRUST 3401 ANTONE WAY KODIAK AK 99615 (/) CORM VISFELOT 9000%2893 KODIAK AK 99615 DAVID WAGES 7122 SW 28TH AVE PORTLAND 017 97219 LAMES WALKER 8744 PAINE RD ANCHORAGE AK 99516 • VALENE WILDE 3431 ANTONE WAY KODIAK AK 99615 MICHAEL WILLIAMS P.O.BOB 3257 KODIAK AK 99615 CLARK YATSIK KB?SH EAHWATF B WAY KODIAK AK 99615 GUARDIAN LANDING.LLC 522 SOUTH HUNT CLUB BLVD 4228 APOPKA FL 31703 BRYAN&THOMAS BOWER P0 BOX 1373 EL GRANADA CA 94018 SERVICE AREA ONE BOARD PO BOX 76 KODIAK AK 99615 ALASKA DEPT OF TRANSPORTATION AIRPORT&HIGHWAY MAINTENACE 1500 ANTONE LARSEN RD KODIAK AK 99615 V! M CD Z CD 0 A 0 y N Case No.14-012 Public Comment Page 4 of 4 rn A A It V W n J AGENDA ITEM #13.C.1. Kodiak Island Borough Planning &Zoning Commission Minutes Applicable to Case No. 14-012 January 15,2013 6:30 p.m.in the Assembly Chambers PUBLIC HEARINGS A) Case14-012. Request an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the land use designations for the following parcels: 1. A portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership; and 3. A portion of Tract B,Miller Point Subdivision from Future Special Planning Area to Rural Residential. The applicant is the Kodiak Island Borough. The locations are 1) 961 Mallard Way; 2) 3341 and 3391 Antone Way; and 3) 4352 Monashka Bay Road. The zoning is PL-Public Use Lands and RR1-Rural Residential One. Director Pederson reported the amendments are for the Comp Plan and for the three motions. There haven't been any amendments to the Comp Plan since adoption in 2008. COMMISSIONER ARNDT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14- 012. Close regular meeting&open public hearing: No public testimony. Close public hearing&open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO. 1 (KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Public Facilities/Ownership would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 1/15/2014 P&Z Minutes Page 1 of 3 Page 146 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership and to adopt the findings of fact as presented in the staff report as "Findings of Fact'for Case No. 14-012. Close regular meeting &open public hearing: No public testimony. Close public hearing &open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO.2(KIBC 17.205.020) 1. This amendment follows the 2001 decision of the KIB Assembly to acquire property for incorporation into the North Star School Tract. 2. For land to be incorporated into the North Star School Tract, a Comprehensive Plan future land use designation of Rural Residential would not be appropriate. 3. A future land use designation of Public Facilities/Ownership is consistent with the designation of the adjacent North Star School Tract. 4. A future land use designation of Public Facilities/Ownership should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the parcel to be utilized for its intended acquisition purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Close regular meeting &open public hearing: Birch Foster sought clarification on what exactly this request was and he thanked the commission. Director Pederson stated Mark Majdic requested to purchase a small piece of land from the borough because Majdic's lot was platted to what later became the right of way for the highway. This will make his lot useable for a home site. The assembly approved the land disposal. Tonight is the action to amend the Comp Plan, and then there will be a rezone coming. There will also be a replat that joins the small piece of borough land into his parcel. Close public hearing&open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO.3(KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Future Special Planning Area would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 1/15/2014 P&Z Minutes Page 2 of 3 Page 147 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 1/15/2014 P&Z Minutes Page 3 of 3 Page 148 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. 31 T �� )\'\�, Kodiak Island Borough 4 ar i' it\ A ,� ^a Community Development Department %r� 710 Mill Bay Road r,a rs ry Kr, Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 ,`qwww.kodiakak.us January 22,2014 Mr.Lawrence).Van Dade 3401 Antone Way Kodiak,AK 99615 Mr.Mark Majdic PO Box 993 Kodiak,AK 99615 Re: Case 14-012. Request an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the land use designations for the following parcels: I. A portion of Lot IA,Block 6,Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. Dear Mr.Van Daele&Mr.Majdic: The Kodiak Island Borough Planning& Zoning Commission at their January 15,2014 regular meeting moved to forward the request cited above,recommending approval,to the Assembly. The following Findings of Fact were adopted in support of their decision: FINDINGS OF FACT-AMENDMENT NO. I (KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership,a Comprehensive Plan future land use designation of Public Facilities/Owncrship would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. Page I of 2 Page 149 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.1. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. FINDINGS OF FACT-AMENDMENT NO.2(KIBC 17.205.020) I. This amendment follows the 2001 decision of the KIB Assembly to acquire property for incorporation into the North Star School Tract. 2. For land to be incorporated into the North Star School Tract,a Comprehensive Plan future land use designation of Rural Residential would not be appropriate. 3. A future land use designation of Public Facilities/Ownership is consistent with the designation of the adjacent North Star School Tract. 4. A future land use designation of Public Facilities/Ownership should have no adverse effect on development trends or traffic in the surrounding area. 5. 'This amendment will facilitate a rezone that will prevent split lot zoning and allow the parcel to be utilized for its intended acquisition purpose. 6. 'Ibis amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island I3orough Planning & Zoning Commissiot recommends approval of the requested amendment. FINDINGS OF FACT-AMENDMENT NO.3(KIBC 17.205.020) I. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership,a Comprehensive Plan future land use designation of Future Special Planning Area would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas_ 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. The commissions recommendation,and other packet materials will be forwarded to the Assembly.Please contact the Clerk's Office at 486-9310 for information on when this item will be scheduled to be heard by the Assembly. Sincerely, Robe e� ICI Director,Community Development Dept. CC'. Nova Javier,Borough Clerk Mr.Bob Scholse Plannine&Zoning Commission Page 2 of 2 Page 150 of 294 Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. } KODIAK ISLAND BOROUGH � ?,_-., AGENDA STATEMENT ' ^a "+'� FEBRUARY 20, 2014 °p" Assembly Regular Meeting TITLE: Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership (P&Z Case No. 14-012). ORIGINATOR: Bob Pederson FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This Comprehensive Plan amendment was initiated by the Kodiak Island Borough. The parcels subject to this amendment were purchased by the Borough in 2001 with the intent of incorporating them in to the North Star School Tract (P&Z Case No. S13-024). The amendment will facilitate a Comprehensive Plan supported rezone from RR1-Rural Residential One to PL-Public Use Lands. That rezone will ensure consistent zoning of the North Star School Tract and will allow the land to be utilized for its intended acquisition purpose. The Commission held a public hearing on January 15, 2014 on this request and found the request is consistent with the goals and objectives of the 2008 KIB Comprehensive Plan. The Commission voted unanimously to recommend the Assembly approve this Comprehensive Plan amendment request. 62 public hearing notices were mailed on Friday, February 7, 2014. Reponses received will be provided upon receipt by the Clerk's Office. Notices were also provided to the Service Area No. 1 Board. RECOMMMENDED MOTION: Move to adopt Ordinance No. FY2014-12. Kodiak Island Borough Page 151 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. Introduced by: Borough Manager 2 Requested by. Planning and Zoning Commission Drafted by: Community Development 3 Introduced on: 02/06/2014 4 Public Hearing: 02/20/2014 5 Adopted on: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING THE KODIAK ISLAND BOROUGH 2008 I I COMPREHENSIVE PLAN FUTURE LAND USE MAPS (FIGURES 4.2 12 AND 11.1) CHANGING THE FUTURE LAND USE DESIGNATION OF 13 LOT 1 AND A PORTION OF LOT 2A, BLOCK 9, MILLER POINT 14 SUBDIVISION FIRST ADDITION FROM RURAL RESIDENTIAL TO I5 PUBLIC FACILITIES/OWNERSHIP(P8Z CASE NO.14-012) 16 17 WHEREAS, the Planning and Zoning Commission received a request by the Borough to 18 amend the KIB 2008 Comprehensive Plan Future Land Use Maps changing the future 19 land use designation of Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision 20 First Addition from Rural Residential to Public Facilities/Ownership;and 21 22 WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the 23 Commission considered the merits of the amendment request;and 24 25 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 26 future land use designation for these parcels be amended finding that the public necessity, 27 convenience, and general welfare and good zoning practice would be enhanced by such 28 action;and 29 30 WHEREAS, the Commission hereby recommends that this amendment request be 31 reviewed and approved by the Borough Assembly. 32 33 NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 34 BOROUGH that: 35 36 Section 1: This ordinance is not of a general and permanent nature and shall not 37 become a part of the Kodiak Island Borough Code of Ordinances. 38 39 Section 2: The KIB 2008 Comprehensive Plan Future Land Use Maps (figures 4.2 and 40 11.1) are amended changing the future land use designation of Lot 1 and a 41 portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural 42 Residential to Public Facilities/Ownership. 43 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 44 Commission are confirmed as follows: 45 Kodiak Island Borough,Alaska Ordinance No.FY2014-12 Page 1 of 2 Page 152 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. 46 1. This amendment follows the 2001 decision of the KIB Assembly to acquire property 47 for incorporation into the North Star School Tract. 48 2. For land to be incorporated into the North Star School Tract, a Comprehensive 49 Plan future land use designation of Rural Residential would not be appropriate. 50 3. A future land use designation of Public Facilities/Ownership is consistent with the 51 designation of the adjacent North Star School Tract. S2 4. A future land use designation of Public Facilities/Ownership should have no 53 adverse effect on development trends or traffic in the surrounding area. 54 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow 55 the parcel to be utilized for its intended acquisition purpose. 56 6. This amendment will assist in attaining specific goals and in meeting specific 57 policies, implementation actions, and implementation priorities stated in the 58 adopted Comprehensive Plan. 59 7. The Kodiak Island Borough Planning and Zoning Commission recommends 60 approval of the requested amendment. 61 62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 63 THIS DAY OF FEBRUARY, 2014 64 65 66 KODIAK ISLAND BOROUGH 67 68 69 70 Jerrol Friend, Borough Mayor 71 72 ATTEST: 73 74 75 76 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Ordinance No. FY2014-12 Page 2 of 2 Page 153 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. .c' Kodiak Island Borough c:;7, .uitoiMi". Office of the Borough Clerk • , 710 Mill Bay Road • kt'` Kodiak, Alaska 99615 .--„, = zap..- Phone(907)486-9310 Fax(907)486-9391 clerks(ukodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, February 20, 2014, 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. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership(P&Z Case No. 14-012). Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1)Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks(&kodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 3 p.m. on February 20, 2014. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance Nos. FY2014-11, FY2014-12, and FY2014-13 Page 154 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership(P&Z Case No. 14-012). Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14.012). e. �- A a a? {7)Portion of Trap a Miller Point rr ; Su on from Future S pecial ' Planning g to Rural Residential ,< � * T 4t • Ci °' ,v4,-, ,I"tr°tr- if Partial of Lot IA Bock B 4ti ,° �' e �` MOer Pant Subdivision from r " Public Foammsroarership .f. G2 4 d •Mis.AI .„ i to Portal Residential 32)Lot I erde °4� a`- Pore=Of Ion .y 4/, ,,--a Ll-- y.1 f dd.bB Miller Point Residential First y.s+�, 1 ii y y r Biota ddltion font Rural Reeaknbel to < �`PuMd Fatdatlesl0'anersMp Y: T. r t,' / i 4 Sjsle -tw 6 k f. -- 4.. 1-- -. 44 1 / r, wC# J .. fC j .. UU i�d5"nv I ` ' ,: ,I 4 r v a `' ` I Legend 1. 7a1�^ e.."...\£I ' d J N Subject Parcels ': ` r§ ;` '4t o bbb ,� ,: are -, t Zoning Legend (: '1 Public Use Lands NMI Rural Residential I Q Mum Family Residential Q Light Industrial ®Watershed ©Rural Residential 2 ©Business Q Rural Neighborhood Commercial I j Conservation I �I Single Family Residential 0 Retail Business ®Urban Neighborhood Commercial n Rural Residential 1 • In io Family Residential EJ Industrial f-I Natural Use Page 155 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. PUBLIC HEARING FORM Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership(P&Z Case No. 14-012). Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Na me: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerks{o)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 3 p.m.on Thursday.February 20.2014. Page 156 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.a2. PHILLIPAGUIRRE ALASKA SEAFOOD PRODUCERS BERT ASHLEY PO BOX 1341 INC. PO BOX 425 KODIAK,AK 99615 PO BOX 1027 KODIAK,AK 99615 NEWPORT,OR 97365 BAYSIDE WEST BUSINESS PARK PHILIP BECKER ETAL DOROTHEA GLAIR ETAL 12042 SE SUNNYSIDE RD P O BOX 2163 PO BOX 8822 CLACKAMAS,OR 97015 KODIAK,AK 99615 KODIAK,AK 99615 LEE BONDURANT JOSE BRAVO RONNIE BRYANT PO BOX 8502 101 SORCERER CT PO BOX 2023 KODIAK,AK 99615 ANCHORAGE,AK 99518 KODIAK,AK 99615 CHARLES BURKEY JR ANTHONY CHACO CITY OF KODIAK PO BOX 576 PO BOX 2956 P.O. BOX 1397 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DANIEL DAVIS TRAVIS DIEMER ENERGY PLUS HOMES, INC PO BOX 420 PO BOX 8993 PO BOX 1066 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DAYNA FERGUSON MATTHEW FOSTER CATHERINE HAASE PO BOX 8612 3493 OTMELOI WAY 568 E. BORDER RD KODIAK,AK 99615 KODIAK,AK 99615 BISBEE,AZ 85603 REESE HEERINGA TODD HINER ALLEN HOFLER 984 HILLTOP DR P.O.BOX 671 CMR 479#77 KODIAK,AK 99615 KODIAK,AK 99615 APO,AE 09263 HOGAN CONSTRUCTION INC WELBY JENSEN KATHLEEN JORRITSMA 3099 SPRUCE CAPE ROAD P O BOX 808 3430 ANTONE WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 GARY NICHOL JR WILSON KODIAK ELECTRIC ASSOC KODIAK ISLAND BOROUGH 874 MALLARD WAY PO BOX 787 710 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615-0787 KODIAK,AK 99615 CHRIS KOSTELECKY LYNNAE LAWRENCE DANIEL LEITHEAD PO BOX 2383 126 INDIAN HEALTH WAY 3439 ANTONE WAY KODIAK,AK 99615 HARLEM,MT 59526 KODIAK,AK 99615 Page 157 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. BRADLEY MAJDIC BARBARA MAJDIC MARK MAJDIC PO BOX 345 PO BOX 993 P 0 BOX 993 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JULIUS MAJDIC ETAL ANNE MALUTIN JERE C MILLS ETAL C/O MARK MAJDIC P.O. BOX 633 PO BOX 1802 PO BOX 993 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 CORT NEFF TRAVIS NELSON STEPHAN PAULSON PO BOX 8592 PO BOX 8875 962 MALLARD WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KURT PEDERSEN JAMES PETERSON TERRY W POLLARD PO BOX 2405 P.O. BOX 2290 PO BOX 8523 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 SHIRLEY PRUITT LISA ROBBINS JOSEPH ROBINSON PO BOX 2144 P 0 BOX 2173 PO BOX 1861 KODIAK,AK 99615 KIRKLAND,WA 98083 KODIAK,AK 99615 CARL SHOLL TIMOTHY&KATHERINE STAMM NICHOLAS SZABO 3761 SUNSET DR 575 SILVER FOX LANE P.O. BOX 1633 KODIAK,AK 99615 WASILLA,AK 99654 KODIAK,AK 99615 DAVID URE MATTHEW VAN DAELE ETAL LAWRENCE & HILARY VAN DAELE P.O. BOX 2361 3741 OTMELOI WAY FAMILY TRUST KODIAK,AK 99615 KODIAK,AK 99615 3401 ANTONE WAY KODIAK,AK 99615 GORM VISFELDT DAVID WAGES JAMES WALKER P O BOX 2893 7122 SW 28TH AVE 8744 PAINE RD KODIAK,AK 99615 PORTLAND,OR 97219 ANCHORAGE,AK 99516 VALENE WILDE MICHAEL WILLIAMS CLARK YATSIK 3431 ANTONE WAY P.O. BOX 3257 482 SHEARWATER WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 GUARDIAN LANDING,LLC BRYAN&THOMAS BOWER 522 SOUTH HUNT CLUB BLVD#228 PO BOX 1373 APOPKA,FL 32703 EL GRANADA, CA 94018 Page 158 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. 4 Kodiak Island Borough r 7 err.,,,„, ... c �� Community Development Department I 710 Mill Bay Road .4_r-lit %; � Kodiak, Alaska 99615 �,_ 6 Phone(907)486-9363 Fax (907)486-9396 • www.kodiakak.us Memorandum Date: January 23,2014 To: Mr.Charles E.Cassidy,Jr.,Borough Manager Cc: Mr.Robert H.Pederson,ACIP,Director,Community Development Department From: Jadc L.Maker,Assistant Planner RE: Transmittal of Comprehensive Plan Amendment Case 14-012,information for the February 6, 2013 regular Accrmby agenda. The Kodiak Island Borough Planning and Zoning Commission, as required per KIBC 17.205.055, hereby transmits the January 15, 2014 meeting materials and recommendations for three (3) KIB 2008 Comprehensive Plan amendments for consideration of the Kodiak Island Borough Assembly. P&Z Case No. 14-012 addressed all three of the Comprehensive Plan amendments. Separate agenda statements and ordinances have been drafted for each of the three amendments, all of which are included in the transmittal materials. The P&Z Commission recommends approval of these three (3) Comprehensive Plan amendment requests. The Planning and Zoning Commission at their meeting on January 15, 2014 moved to forward the requests, recommending approval, to the Borough Assembly. The Commission perceived no major policy implications related to these requests, and found the requests to be generally consistent with the goals and objectives of the adopted comprehensive plan. Attachments: Draft Agenda Statements (3); Draft Zoning Ordinances (3); P&Z Decision Letter; P&Z Minutes; P&Z Case Packet 14-012. Page 159 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. p$o aogo KODIAK ISLAND BOROUGH of, COMMUNITY DEVELOPMENT DEPARTMENT P 8 Z JANUARY 15,2014 S �'�' PUBLIC HEARING ITEM:7 A o ' SUMMARY STATEMENT 'L ALASKA Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT ITEM TITLE: Case 14-012. Request an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the and use designations for the following parcels: 1. A portion of Lot 1A,Block 6,Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A,Block 9,Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and 3. A portion of Tract B,Miller Point Subdivision from Future Special Planning Area to Rural Residential. RECOMMENDED ACTION: Staff recommends that this request is consistent with the adopted comprehensive plan, satisfies the requirements of Title 17 of the Kodiak Island Borough Code for an amendment, and recommends approval of the request. APPROPRIATE MOTIONS: Should the Commission agree with the staff recommendation,the appropriate motions are: AMENDMENT NO. 1 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. AMENDMENT NO. 2 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012, AMENDMENT NO.3 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Case No.14-012 Summary Statement Page 160 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. KIB Location & Zoning Map W vim E S Location and Zoning Request an amendment to the Kodiakisland Borough 20013 Comprehensive Case No.14-012 ' Plan Future Land Use Maps(Figures 4.2and 11.1)changing the land use Applicant:Kodiak Island Borough designations for the following parcels: . ' as A portion of tot er,b Block 6,Miller PointiSubdivision from Public Facilities/Ownership to Rural Residential; Folio 1 and a portion of Los ZA,Block 9,Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and a A portion of TractB,Miller Point Subdivision from Future Special Planning Area to Rural Residential. , a D '4 P rya `^` no tlr ] s 1. tier Jra y a t 3} 3) onion of Trecf B.Mliler PO nt ,n i V e 1 , ,;Subdivision from future Special y 4 Planning Area to Rural Residential ♦: :fl --. jy f 1 S.Y s \. ?4 p 2 fan: s y r EL �, oe 4..X, e " n .'-i* Vii. t 45. �– 1.b11a u4 i 1)Portion of Lot 1A Block 6, a x�', roci Miller Pont Subdivision from „ fv o 4 oY { - Public faalNeslpvmersNp L R 4'S ,.a, %�^ tr t \'q io Rural Residential t ,j 2)10(1 and a portion of Lot 2A. �d kJ ,:r* �1 Block 9,Miller Point Residential First d ` \ ` r • lif • \ Addition from Rural eubdent al to Q Y? Wy- ; Public Baches/Ownership ti� Man y y ® 1 i.. tats Y a e �� Ig h Ti'` .4'�PWLA 1--"�„fit j' % 41bkY.e'en t'''';':.1.. kno+i + J1 ,; ,i* � r Legend ..a" t m ® k l01\r t\ +4 MI Subject ParcelsL- ,4`;1 t �_ a r�l Zoning Legend 1=1 Public Use Lands I2 Rural Residential 1 Multi Family Residential Q Light Industrial )//2 Watershed Q Rural Residential 2 q Business r---1 Rural Neighborhood Commercial (-1 Conservation 1-7 Single Family Residential Q Retail Business Q Urban Neighborhood Commercial IV.-9,-1 Rural Residential I' '1 Two Family Residential Industrial li—(Natural Use Kodiak bland Borough GIS I Community Develoopm Bent Department ____gcoess Roads TVs map s posnos nitp darns keba,a.usgis 195714069957 myoar as,amend tw purposes L.,..))Uncenstas,au Ri0n 1 51 Ways Case No 14-012 Introduction Page 1 of 2 Page 161 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. Image Overlay 'Request an amendment to the Kodiak Is land.Borough 2068 Comprehensive Case No.14-012' ,' d Plan Future Land Use Maps(Figures A.2 and 11.1)changing the land use Applicant.Kodiak Island Borough' designations for the following parcels: p , , } ar A'portion,of Lot+IT Block 6,Miller Point Subdlmsion from Public f ` w" Fadhties/Ownentiip to Rural Residentialr ?'v j n'` ^ rtk `f}t611 and a portion of Lot 2A,Block9 Miller Point Subdivision F rst Addition a f from Rural Residential to Public Facilnres/0wnership and a a ,. -R- Ej A portion of Tract B;Miller Point Subd vision f om Fumre Special Planning fi. S ,M1frK Area to Rural Residential , g ;a t, I-ir 1 -,-, ` dr.eT tdt `''� a t rr..fr<w 4.- ,t&r:,6�}24:-— yew, u r 7 N F `s q r ri 4.5.....,W/; a w ptr-` a Y°y ,,,,ii, A A �'?'e'lvST.»},�.s 11` i = .kip rrr Tt r-t"'a r °� p ' * ;' ai, N ga r t 2f N s -4**liar d 3�"a{ �y,d pa:1 Y ..Lift' A'" r Y' v ♦;`i. '3,t ^ "�i w t'i 't �'.p,p a`.�`Yr{, }rr'I4a .d" v.:4, s 7a t�ja e"a �Ii ,4 ept* l., :a^,It.0 igle aX+ ;e + '' r V°t C. �� r"f4 j 3)PoVn Gf Tract B.Miler Point a lti at 5 r'• .r12 Subdi a on from Future special ' ```��'''.. { t e{i��. ^_' lett_,' Planning Area to Rural Residential Y -.Tag . 4` _ . V � .s-',."q�i :v ]}Yy p ii, a saaGixr a' l v d 4Li. 'i' F'}e �, a2 * ..0-1N ' s 4 ,.+'d4 mf.se- .t ' Y' P r rose }�® fit" a.4 rr(1 s .. pfiK U �Y Safi 4,' r Hd.} r Z ta. *.r,Y-"C r 4. t Jy '° 7� /e .r /r 3 'P S r qS J { .a./ .7'Y' .t` f , f, f'{,J[,?.ftj�t c t` i" x ..w^+�1 r' YJ '''."4";4 &f i �,% it -t sfheti Ed.`+ S r f 'ms {i- 1ry U �� r �S �r Ji ti, m,f',C` ' ^3 Fr pc 4t • s �r♦ XT f �p} E g.,,ifyM j"4>,;411 '' Mh., iF} 5 y 'Pa,l' a 4,3,e. t a- f = zQ �i. p� ., 'k'i- of t.. f fi C® /tr J'Y t 'i it dra'y c' v `.G�C,d.y'S ., yyyyy. PP ' S• . iY e.. yr` ?k.,' ' �+'S ,y'#t c l�iraI t `;r m,b 4� Q 1T ! y nY 4 1, 4 y ykE r i' ®J,(iYiGf$ 4 'T 1 �'j t S. G;06' ay 7f ' t� µf NaLY ski ....• �kvA °"A E� T ir.:i s i ps 5 vn c T .-i- ®rt 4,,c' i '5i Sri _ , u2)Lot i antl a Portion of Lot 2A ® s#„R 1 4tS�Ms[m `' ` � Block 1 Miller Point n of lot A,First I! ^ 'fC -2r -rr A qtr{ tl 4*. p!Addition from Rural Residential to y®y'n r 2"'t; }-0 tai,, ..„, Y 1 ' 1 '" Public Faah(res/Ownership / „� 4• �q e r' - O°f,. ��?I M1eNri4 tt. , 34M. "ft f �i'ry } 3 %7 v 1 l v '+ T4 • .. �t^-AP r ,.t+'xi�� tip '2;e4-p e,a t L x q „ .„4,1.141%.141,,,... ,�54 .5145' S C rhg,1 4.111+`titkit ,t$a.a ' "�\'r —4 S N w Y'.T”' R '.04 .T®I y�C...e ` / II I3_T 3i� x e- .,W,i i i)PONOn a/Lotto Block6 t X s-e 't �aa"' st' rgr 1.,' t .r X "P`- y-s p miller Point Subdivision from 3' L12 "f" .r a>.. 1"t . Public Faculties/Own rshrp yF - -.ciF s e®• As-1 ,r .s.a �r�- ��1y,..�� , 'i , � 4 to Rural Residential � 1 .'i! k'Pta. 'x' -.a .,aW�: 4p r %.-„ 4'e :.. `. ' ' 'L'' ; Ima i e Overla Legend Lej? e Vrri V Ah , n Subject Parcels V s Kodiak Island BOruvga us community Development Department ^.M1p ii Kodiakdel ad uardis I li'i0e-1 r C M1' qT++x'el urgses n yx ¢min.m a Mey lvial.egexMrw Case No 14-012 Introduction Page Zr f 2 Page 162 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. Ppo Bog KODIAK ISLAND BOROUGH ti COMMUNITY DEVELOPMENT DEPARTMENT y P 8 Z JANUARY 15,2014 rto ., PUBLIC HEARING ITEM:7 A r, 1•�' p _ STAFF REPORT 3 ALASKA DATE: January 3, 2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 14-012 APPLICANT: Kodiak Island Borough REQUEST: An amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the future land use designations for the following parcels: 1. A portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership; and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. LOCATIONS: 1) 961 Mallard Way;2)3341 &3391 Antone Way;3)4352 Monashka Bay Road ZONING: 1) PL-Public Use Lands;2)RR1-Rural Residential One; 3) PL-Public Use Lands NOTICE: Sixty-two (62) public hearing notices related to this request were mailed December 24, 2013. No public hearing notices have been returned. SITE VISIT: Various 1. Zoning History: Lo_t 1A, Block 6, Miller Point Subdivision • Designated as Residential Unclassified by the 1968 Comprehensive Plan. • Rezoned to RR-Rural Residential by Ordinance 1980-9-0. • Rezoned to RR1-Rural Residential One by Ordinance 1983- 15-0. • Rezoned to PL-Public Use Lands by Ordinance 1991-19. Lot 1 and Lot 2A, Block 9, Miller Point Subdivision First Addition • Designated as Residential Unclassified by the 1968 Comprehensive Plan. • Rezoned to RR-Rural Residential by Ordinance 1980-9-0. • Rezoned to RR1-Rural Residential One by Ordinance 1983- 15-0 Tract B, Miller Point Subdivision • Designated as unclassified by the 1968 Comprehensive Plan. • Rezoned to PL-Public Use Lands by Ordinance 1968-16-0. Case No.14-012 staff Report Page 1 of 10 Page 163 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. ENO a04. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P 8 Z JANUARY 15,2014 a - PUBLIC HEARING ITEM:7 A STAFF REPORT 3 ALASKA 2. Lot Size: Lot 1A, Block 6, Miller Point, 11.63 acres (Portion subject to this request,±2,410 square feet) Lot 1, Block 9, Miller Point Subdivision First Addition, 1.58 acres Lot 2A, Block 9 Miller Point Subdivision First Addition, .52 acres (Portion subject to this request,±14,379 square feet) Tract B, Miller Point Subdivision, 34.69 acres (Portion subject to this request,±11,935 square feet) 3. Existing Land Use: All parcels subject to this request are vacant. 4. Surrounding Land Use and Zoning for Lot 1A, Block 6,Miller Point Subdivision and Lot 1 and Lot 2A, Block 9, Miller Point Subdivision First Addition: North: North Star Elementary School Zoned PL, single-family residences zoned RR1, and vacant parcels zoned RR1. South,east, and west: Single-family residences and vacant parcels zoned RR1. Surrounding Land Use and Zoning for Tract B Miller Point Subdivision: North and west: Single-family residences zoned RR1 and a vacant parcel zoned PL. East: Single-family residences zoned RR1 and warehouse/outdoor storage facilities zoned B. South: Single-family residences and vacant parcels zoned RR1. 5. Comprehensive Plan: The 2008 Comprehensive Plan Future Land Use Maps designate area 1 as Public Facilities/Ownership, area 2 as Rural Residential, and area 3 as Future Special Planning Area. 6. Applicable Comprehensive Plan Future Land Use Designations(Chapter Four,Page 13): Rural Residential. This designation allows for residential development at rural densities where municipal water and sewer treatment facilities are not available. Such development must take place on larger lots and would include uses allowed in the RR, RR1, and RR2 zones. Public Facilities. This zone is intended for public facilities such as water and wastewater treatment facilities, police or fire stations, and other public facilities, but not including parks and recreation facilities. Future Special Planning Area: The Comprehensive Plan does not define this future land use designation. Case No.14-012 Staff Report Page 2 of 10 Page 164 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. PNO eoq KODIAK ISLAND BOROUGH y COMMUNITY DEVELOPMENT DEPARTMENT �: P 8 Z JANUARY 15.2014 v PUBLIC HEARING ITEM:7 A 0 „ STAFF REPORT 3 ALASKA '- 7. 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. KIBC 17.205.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires,the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. KIBC 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. KIBC 17.205.060 Hearing determination. The assembly shall consider an application or commission recommendation for change in the boundary of a district or any other commission recommendation proposing a change in this title, and the report of the commission at its next regular meeting after receipt of such report. If,from the facts presented and by the findings of the report of the commission, it is determined that the public necessity, convenience, general welfare and good zoning practice requires the change or amendment of any portion thereof, the assembly by ordinance shall effect such amendment,supplement,change or reclassification. Case No.14—012 Staff Report Page 3 of 10 Page 165 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. et KODIAK ISLAND BOROUGH _ COMMUNITY DEVELOPMENT DEPARTMENT P 8 Z JANUARY 15,2014 PUBLIC HEARING ITEM:7 A STAFF REPORT 3 ALASKA REQUESTED PLAN AMENDMENTS This request to amend the 2008 Comprehensive Plan was initiated by the Kodiak Island Borough as the first step of the rezone process for two land disposal properties and for property previously purchased by the Borough. To ensure the rezone requests will be consistent with all aspects of the Comprehensive Plan, the following amendments to the Future Land Use Maps are necessary: Parcel 1 Change the future land use designation for a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; Parcel 2 Change the future land use designation for Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership; and Parcel 3 Change the future land use designation for a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. PLAN AMENDMENT JUSTIFICATION Parcel 1 This parcel was determined to be surplus to the public's need and was approved for disposal by KIB Resolution No. FY 2013-20 (Case No. 13-014). The parcel is intended to be combined with an adjacent parcel zoned RR1 to create Lot 2B-1, Block 9, Miller Point Subdivision First Addition (Case No. S13-024). The site has a future land use designation of Public Facilities/Ownership and residential uses are not expressly allowed in that future land use designation. Parcel 2 This parcel was purchased by the Borough in 2001 (KIB Resolution No. 2001-33) with the intent of combining it with the North Star School Tract (Case No. S13-024). The site has a future land use designation of Rural Residential and schools are not expressly allowed in that future land use designation. Parcel 3 This parcel was determined to be surplus to the public's need and was approved for disposal by KIB Resolution No. FY 2014-14 (Case No. 13-031). The parcel is intended to be combined with an adjacent parcel zoned RR1 to create Lot 2-B, Miller Point Subdivision (Case No. S14-004). The site has a future land use designation of Future Special Planning, which is not defined in the Comprehensive Plan. Changing the future land use designation to Rural Residential will accommodate the intended residential use of the parcel. Prior to replatting and rezoning these parcels, the Comprehensive Plan Future Land Use Maps need to be amended so that the proposed zoning for each parcel will be consistent with the future land use designations on those maps. Approval of the requested Future Land Use Map amendments will ensure the rezones are consistent with all aspects of the Comprehensive Plan. Case No 14-012 Staff Report Page 4 of 10 Page 166 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. P-o eoy KODIAK ISLAND BOROUGH y , COMMUNITY DEVELOPMENT DEPARTMENT P JANUARY 15,2014 PUBLIC HEARING ITEM:7 A STAFF REPORT 3 ALASKA CONSISTENCY OF PLAN AMENDMENT WITH THE COMPREHENSIVE PLAN The Comprehensive Plan states that: "Implementation is the most important phase of the planning process. It is when the goals and policies of the Comprehensive Plan are transformed into actions. A Comprehensive Plan, no matter how well crafted, is of little value if it is not implemented and used to inform other Borough and local community planning decisions. Implementation of the Comprehensive Plan can and should be carried out through the following strategies: • Regular review of the Comprehensive Plan by staff as specific policy and administrative decisions are evaluated. • Incorporation of plan priorities and projects in annual Borough work plans, budgets and Capital Improvement planning processes. • Development and use of a system to notify plan holders or other interested parties of proposed and/or adopted Plan amendments." The proposed plan amendments will assist in attaining the following Comprehensive Plan goals and are consistent with the policies, implementation actions, and implementation priorities of the adopted Comprehensive Plan: Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy:Zone land to meet future housing, commercial, industrial, and other land needs. Implementation Action: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native-owned lands to help meet these needs. Goal: Continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures. Implementation Action: Update and enhance the KIB Zoning Ordinance, as well as other planning procedures to meet land use and planning goals cost effectively and efficiently. Goal: Establish goals, priorities, and procedures for acquisition, disposition, and management of Borough-owned lands. Implementation Action: Develop a land management policy that: identifies property on the road system that is used by the public but is not in public ownership; identifies property on the road system that is needed for fire stations, school sites, recreational areas and other public uses; and identifies property for acquisition by the Borough through purchase or trade. Implementation Action: Develop a land management policy system and portfolio for Borough-owned lands that inventories resources and potential uses, and designates which lands the Borough should retain and which lands it should sell or trade. Goal: Help ensure an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. Case No.14-012 Staff Report Page 5 of 10 Page 167 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. I. 9,oq• KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT y V P 8 Z JANUARY 15,2014 a PUBLIC HEARING ITEM:7 A 8 b. .•''" Y" STAFF REPORT Y ALASKA Goal: Support the provision of quality elementary and high school educational services and facilities for all Borough residents. Implementation Priority: Maintaining and improving school facilities and educational opportunities in communities throughout the Borough, including addressing major maintenance issues, providing a consistent range of educational opportunities and ensuring that the population remains high enough to provide schools in communities where they are needed. Implementation Priority: Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. EFFECT OF PLAN AMENDMENT ON RECENT DEVELOPMENT TRENDS IN THE AREA Development trends within the proximity of all three parcels are focused on the establishment of single-family residences. Although current development has been gradual, the area exhibits all the indicators of continuing expansion and increasing intensity of use within the surrounding neighborhoods. Parcel 3 is the only parcel that is within proximity of non-residential zoning (i.e., B-Business Zoning along Rezanof Drive). The commercial development trends in that area are focused on outdoor storage and warehouse uses. There is no indication that those trends will change within the near future. The requested amendments are consistent with the residential development trends of the surrounding areas and will have no adverse effect on the commercial development trends within the vicinity of parcel 3. IMPACT OF PLAN AMENDMENT ON AREA TRAFFIC The requested amendments will result in no change to the current traffic level of the surrounding areas. SUMMARY • The amendments will facilitate rezones that will the prevent split lot zoning of the respective new lots and allow the subject parcels to be utilized for their intended disposal and acquisition purposes. • The amendments should have no adverse impact on the current development trends and traffic in the affected areas. • The amendments will facilitate the future expansion of North Star Elementary School that may be required. • The amendments will assist in obtaining specific goals and meeting specific policies, implementation actions, and implementation priorities of the adopted Comprehensive Plan. CONCLUSION Staff has determined that this request is consistent with specific goals, policies, implementation actions, and implementation priorities stated in the KIB 2008 Comprehensive Plan. Staff supports a favorable recommendation from the Commission and approval by the Assembly. Case No.14-012 Staff Report Page 6 of 10 Page 168 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. P-D eoy KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P 8 Z JANUARY 15.2014 5 ' PUBLIC HEARING ITEM']A % 1 .,; STAFF REPORT 3 ALASKA . RECOMMENDATION Staff recommends that the Commission forward this amendment request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation,the appropriate motions are: AMENDMENT NO. 1 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Staff recommends that this motion be approved. FINDINGS OF FACT FOR AMENDMENT NO. 1 (KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Public Facilities/Ownership would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning&Zoning Commission recommends approval of the requested amendment. AMENDMENT NO. 2 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership and to adopt the findings of fact as presented in the staff report as "Findings of Fact"for Case No. 14- 012. Staff recommends that this motion be approved. FINDINGS OF FACT FOR AMENDMENT NO.2(KIBC 17.205.020) 1. This amendment follows the 2001 decision of the KIB Assembly to acquire property for incorporation into the North Star School Tract. Case No 14-012 Staff Regan Page 7 at 10 Page 169 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. NO 004 KODIAK ISLAND BOROUGH jr: COMMUNITY DEVELOPMENT DEPARTMENT '$. P&Z JANUARY 15,2014 _ 'r'T PUBLIC HEARING ITEM.7 A 00 STAFF REPORT 3 ALASKA 2. For land to be incorporated into the North Star School Tract, a Comprehensive Plan future land use designation of Rural Residential would not be appropriate. 3. A future land use designation of Public Facilities/Ownership is consistent with the designation of the adjacent North Star School Tract. 4. A future land use designation of Public Facilities/Ownership should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the parcel to be utilized for its intended acquisition purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning &Zoning Commission recommends approval of the requested amendment. AMENDMENT NO. 3 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012, Staff recommends that this motion be approved. FINDINGS OF FACT FOR AMENDMENT NO.3(KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership,a Comprehensive Plan future land use designation of Future Special Planning Area would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning &Zoning Commission recommends approval of the requested amendment. Case No.14-012Staff Report Page of 10 Page 170 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... 0 a. o CD z 0 -n N _O a o N cnnrie ed i.vr .,e. r. Figure 4.2 3 ‹ / 11,' /%/i/�.. f/�//:;',•9'i;;;;%;,;7; -// // r _ .0 : 3)Portion of Tract B,Miller Point (D ////;/ //////// // // m �!.t} /}SI i �.Subdivision hum Future Special 7 �,, / /// / // i///�///�i/ / x r� Planning Are to Rural Resl 77' j ‹ . /%/iii�/ /i/ii/fi%/// .. //i'�w'+.. _➢�aY,„ , _._ �l L- ap x �i�//ii�Y///ii jii�.c _ .g �� f ,° j/ / ` x d r$� f/4 -y 2)Lot 7 and a portion of Lot 2A s a g l=.,..„,\® / �° a' Block 9 MIIIer Point SubtlrvlSion Flrsl �,' .,{� ++ 441 W iT �` Adtlltlon from Rural ResldenM1al to T+r' �b .,;.. ��. , � a Public Faculties/Ownership ti'° &«Yr( 4d} e 'b {1�.tl iv o o N ` �. r x xw 6, f . .raA syCl✓)"� •o – ��Cam'( tar re_ . ra y J Miller Point Subdivision from m W ,� ;c r --/a r � " �7-r fig Public l Residential Facilities/Ownership "� •�. '�'y��,,ug �Wa/�e�� '�`a' � to Rural Resitlenllal S .MONeeSnaA �% ',a1)--'734C74 ]�A��Os ,. `r iZr e ,.y�'is'ti i" pj f ., �BhY J ?- '- °�' ` "'n t'. �Va rS.��y,,��-�k G.' 'a K Wig,.'�Jr �' ,,.> � ,�.x,y p.B' f're„ k -3d al iEll rr? TY I�f" "k "'j I (..--.....r1 a- �� F 4h/ Kodiak Island Borough-Kodiak Urban Area:Proposed Apure Land Use p con.n.,e.:a,.n... p Pubic reaw.uan,„np Conoervtlbn 0 RuM Resdenaei en F'AUe spatialWTMNea �,2---I UEan Se'WM ® !muapb4i.i9M i.,00Nrd Q wa4eeea] ®Ow SoacaPrmairon n godlaklPad'e —.__ Modr�edtmm the Fa:1We Urban Area sons, 0 rod o uH = ugly y� CeP.Pre➢n/M EY pmliep M n1.80JS ommuntI.Prrv,n IM m CO 0 CD n O N ,case No.16-012 Slat Report Page 9 of 10 _� 11 (0 (0 It J to n N 0 a ID z 0 jm ..r 4' y k x--rnzi # k a o i ,, y . - ° ti. 3) Portion of Tract B, Miller r'�, r.� „,E:, ,�:. Point Subdivision from '� ; 3 " Future Special Planning - t Area to Rural Residential CD Q. 1/4',..:...., * . okc' yi�'�" ', "" fy,.l' ° up N n�yt+^} a s. ,1 "e a t • n..i i" q 7,,;•;;;?..."..h,.r - „ ...., g�.- M, 2) Lot 1 and a portion of Lot 2A �?,, q 1 ¢_ m Block 9, Miller Point Subdivision a , E • a • .:• • No First Addition from Rural Residential F t : , @wry, k „{F � ,. /°o, 2-to Public Facilities/Ownership 6L#1 y +; ` ,. "� : ''�"'34 3 R. CD P :1) Portion of Lot 1A, Block 6, ; . £ . . a r .Miller Point Subdivision from I.r� ' . • r t' Public Faa lities/Ownership to r r jl ' *% tnident x ygy - x 4 a 4 'rte. eq $ r Y �, � n• V �.�, ry � Gr ,iy ltr + 1n• r. ;„ 2 co ,' • ti . y, "t leek' hA'v"w M T n" r i T C r hr� , •,}.� ,.{� �* lit CD Case No.14-04 Staff Report Page 10 of 10 yr�.. N m A A J ^W N AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 wow.kodiakakis November 24.2013 Public Ilearine Item 7-A PUBLIC HEARING NOTICE A public hearing will he held on Wednesday,January IS,2014.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: 14-012 APPLICANT. Kodiak Island Borough REQUEST: An amendment to the Kodiak Island Borough 2008 Comprehensive flan Future Land Use Maps(Figures 4.2 and 11.1)changing the land use designations for the following parcels: _. 1. A portion of Lot IA, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. LOCATION: 1)961 Mallard Way;2)3341/3391 Amore Way;and 3)4352 Monashka Bay Road ZONING: PI.-Public Use Lands and RRI-Rural Residential One This notice is being sent to you because our records indicate you arc a property ownedinterested parry 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 receis ed by 5 pm,.larurar. 3.21114 to be considered by the commission. If you would like to fax your conmtems to us,our fax number is. (907)486- 9396,or you may email your comments to ssm ithf//.kodiakuk.us.If you would like In 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,January 8,2014,a work session will be held at 6:30 p.nt.in the Kodiak Island Borough Conference Room(412 I),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights i[you disagree with dire Comet issi on's decision on this request. If you have any questions about the request or your appeal rights,please feel free to call us to 486-9363. via-Name: Mailing Address: rum,pruned,description: Comments: Case No.14-012 Public Comment Page I of 4 Page 173 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. Location Request an amendment to the Kodiak Island Borough 2008 Comprehensive 1)961 Mallard Way;2)3341/3391 Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the land use Antone Way;&3)4352 Monashka designations for the following parcels. Bay Road 1. A portion of Lot 1A,Block 6,Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; Case 14-011 2. Lot 1 and a portion of Lot 2A,Block 9,Miller Point Subdivision First Addition Applicant from Rural Residential to Public Facilities/Ownership;and Kodiak Island Borough 3 A portion of Tract 8,Miller Point Subdivision from Future Special Planning Area to Rural Residential. PP!' Ea,:Marespka Bay Raatl Co, ® 3)Portion of Tract B,Miller Point ®� � Subdivision from Future Special �� ir.:, Planning Area to Rural Residential . - R 4 �� av 3121pES7 , Er nil oe ® ®t rag rital ® A4I 1)Portion of Lot 1A,Blo k6 �'®� !._ p Public Point Sidivision from ,2)Lot 1 and a portion of Lot 2A,Block irk PubliResidential Facilities/Ownership to i 49,Miller Point Subdivision First Addition "o- Rural Residential from Rural Residential to Public a Facilities/Ownership _ .,"q ifteta0a.ew _ taa,wor�� ® °� fir" r to,. ® .. �; i ; ; 11.--N...,,spa vino .. € Ibk$ fsasti' ®. _ Public Hearing Notice Legend h � teat I I Notification Area w,.k-P 0 450 900 1 000 ) I Subject Parcels Nl Kadlak bland Borough 01s Community Development Department =__=eam:a Rnaua hip//wwv kudukak usi9,s(90n 49fi-an? onlya, °n w'nentled TO,;•legal iep!rtuT ca#m s Univneiuped Rghlof Ways Case No.14-012 Public Comment Page 2 of 4 Page 174 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... 0 a 0) 0) C) z 0 -n N 0 } fast P m e IZSI n e MaI Li33_ MaiLllnel Mail City Mall Stale Mall Zip N) PHILLIP AGUIRRE PO BOX 1341 KODIAK AK 99515 3i ALASKA SEAFOOD PR000CLR5 INC. PO BOX 1027 NEWPORT CR 97365 3 REM ASHI EK PO BOX 425 KODIAK AK 99615 7 BAYSIDE WEST BUSINESS PARK 12042 SE SUNNTSIUE RD CLACKAMAS OR 97015 C. PHILIP BECKER ETAL P 0 BOX 1163 KODIAK AK 99615 7 CD DDOROTHEA BIAIRETAL Po BOX 8822 KODIAK AK 99615 st LEE BONDURANT PO PDX 6502 KOO'AK AK 99615 CD BRYAN BOWER PO BOX 1373 EL GRANADA CA 94018 LOSE BRAVO 101 SORCERER CT ANCHORAGE AK 99518 CO RONNIE BRYANT P0 BOX 7023 KODIAK AK 99515 O CHARLES BLAKEY IR PO BOX 576 KODIAK AK 99615 0 ANTHONY CHACO P0 905 2956 KODIAK AK 99615 W CITY OF KODIAK P.O.BOX 1397 KODIAK AK 99615 O DANIEL DAVIS PO BOX CD KODIAK AK 99615 3 TRAVIS DI_ME,R PC BOX 8993 KODIAK AK 99615 ENERGY PLUS HOMES,IRO PO BOX 1336 KODIAK AK 99615 S [MYNA FERGUSON PO BOX 8612 KODIAK AK 99615 CD MATTHEW FOSTER 3493 OTMELOI WAY KODIAK AK 99615 0) CATHERINE HAASE 560 E.BORDER RD BISBEE A2 85503 CD REESE HEEPINGA 984 HILLTOP DR KODIAK AK 99615 TOOU HINER P.O.BOX 671 KODIAK AK 99615 • ALIEN HOELLR CMR 479107 APO AE 09263 HOGAN CONSTRUCTION INC 3099 SPRUCE CAPE ROAD KODIAK AK 99615 WEIBY JENSEN TO BOX 808 KODIAK AK 99615 KATHLEEN IORPITSMA 3430 ANTO NE WAY KODIAK AK 99615 GARY NICHOL 19 WILSON 874 MALLARD WAR KODIAK AK 99615 KODIAK ELECTRIC ASSOC PD BOX 767 KODIAK AK 99615-0757 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99315 CH315 KOSTELECKY PO BOX 2363 KODIAK AK 99615 \ LYNNAE LAWRENCE 176 INDIAN HEALTH WAR HARLEM MT 59526 Y/"� DANIEL LERM1EAO 3439 ANTONE WAY KODIAK AK 996:5 V1T/ 111 co BRADLEY MAIDIC PO BOX 345 KODIAK AK 99615 �l CD N BARBARA MAIDIC PO BOX 993 KODIAK AK 95615 Of- b 0 y N Case N0.14-012 Public Comment Page 3 of 4 rn A It J W n N 0 a CD z 0 71 Ni 0 A _ MARK MNDIC PO BOX 993 KODIAK AK 93615 nJ JULIUS MAIOIC[CAL CPO MARK MA{DIC PO OO6593 KODIAK AK 99615 JJ ANNE MALIAN O.O.BOX 633 KODIAK AK 99615 3 JERE C MILLS VEAL PO BOX 1802 KODIAK AK 99615 CD CORT NET I' PO BOX 8592 KODIAK AK 89615 —. TRAVIS NELSON Po BOX 5875 KODIAK AK 99616 7 (0 SIfPHAN PAULSON 962 MALLARD WAY KODIAK AK 99615 KURT PFOERSEN PO BOX 2405 KODIAK AK 99615 ED LAMES PETERSON TEO.BOX 2290 KODIAK AK 99615 TERRY W POLLARD PO 00X 8523 KODIAK AK 99615 CO SHIRLEY PRUITT PO BOK 2144 KODIAK AK 99615 OLISA ROBBINS P0BOX 1173 KIRKLAND WA 99.083 0 JOSEPH ROBINSON Po BOX 1861 KODIAK AK 99615 CO CARL SHOLL 3751 SUNSET OR KODIAK AK 99615 0 TIMOTHY&KATHERINE STAMM 575 SILVER COS LANE WASILLA AK 99654 3 NICHOLAS 57590 P.O.BOX 1633 KODIAK AK 99615 DAVID UPC P.O.BOX 2361 KODIAK AK 99615 Fe) MATTHEW VAN DA(LC CAL 37,110IMELOI WAY KODIAK AK 99615 ED LAWRENCE 8 HIIARY VAN OAELE FAMILY TRUST 3O3 AN:ONE WAY KODIAK AK 99615 N_ GORM VISTA LDT P D 6092893 KODIAK AK 99615 CD D DAVID WAGES 7122 SW 28TH AVE PO91AN0 OR 97119 JAMES WALKER 8744 PANE RO ANCHORAGE AK 99516 VALENE WILDE 3931 ANTONE WAY KODIAK AK 99615 MICHAEL WII LIAMS P.O.BOX 9257 KODIAK AK 99615 CLARK YATSIK 4132 SHEARWATER WAY KODIAK AS 99615 GUARDIAN LANDING,LLC 572 SOUTH HUNT CLUB BLVD 9228 APOPKA EL 32703 BRYAN THOMAS BOWER P011081373 EL GRANADA CA 94018 SERVICE AREA ONF BOARD P090876 KO04AR AK 99615 ALASKA DEPT OE TRANSPORTATION AIRPORT&HIGHWAY MAINTENACE 1500 ANTONE LARSEN RD KODIAK AK 99615 Y/ d 2 co 0 J D -, y N Case No.14012 Public Comment Page 4 of 4 ni CO A ►�L it J G> n N AGENDA ITEM #13.C.2. Kodiak Island Borough Planning &Zoning Commission Minutes Applicable to Case No. 14-012 January 15,2013 6:30 p.m.in the Assembly Chambers PUBLIC HEARINGS A) Case14-012. Request an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the land use designations for the following parcels: 1. A portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. The applicant is the Kodiak Island Borough. The locations are 1) 961 Mallard Way; 2) 3341 and 3391 Antone Way; and 3) 4352 Monashka Bay Road. The zoning is PL-Public Use Lands and RR1-Rural Residential One. Director Pederson reported the amendments are for the Comp Plan and for the three motions. There haven't been any amendments to the Comp Plan since adoption in 2008. COMMISSIONER ARNDT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Lot 1A, Block 6,Miller Point Subdivision from Public Facilities/Ownership to Rural Residential and to adopt the findings of fact as presented in the staff report as'Findings of Fact"for Case No. 14- 012. Close regular meeting&open public hearing: No public testimony. Close public hearing&open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO. 1 (KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Public Facilities/Ownership would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 1/15/2014 P&Z Minutes Page 1 of 3 Page 177 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership and to adopt the findings of fact as presented in the staff report as "Findings of Fact"for Case No. 14-012. Close regular meeting&open public hearing: No public testimony. Close public hearing &open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO.2(KIBC 17.205.020) 1. This amendment follows the 2001 decision of the KIB Assembly to acquire property for incorporation into the North Star School Tract. 2. For land to be incorporated into the North Star School Tract, a Comprehensive Plan future land use designation of Rural Residential would not be appropriate. 3. A future land use designation of Public Facilities/Ownership is consistent with the designation of the adjacent North Star School Tract. 4. A future land use designation of Public Facilities/Ownership should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the parcel to be utilized for its intended acquisition purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Close regular meeting &open public hearing: Birch Foster sought clarification on what exactly this request was and he thanked the commission. Director Pederson stated Mark Majdic requested to purchase a small piece of land from the borough because Majdic's lot was platted to what later became the right of way for the highway. This will make his lot useable for a home site. The assembly approved the land disposal. Tonight is the action to amend the Comp Plan, and then there will be a rezone coming. There will also be a replat that joins the small piece of borough land into his parcel. Close public hearing&open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO.3(KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Future Special Planning Area would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 1/15/2014 P8Z Minutes Page 2 of 3 Page 178 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.2. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 1/15/2014 P&Z Minutes Page 3 of 3 Page 179 of 294 Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. KODIAK ISLAND BOROUGH �� AGENDA STATEMENT o, FEBRUARY 20, 2014 zer 4 Assembly Regular Meeting TITLE: Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). ORIGINATOR: Bob Pederson FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This Comprehensive Plan amendment was initiated by the Kodiak Island Borough, following recent Borough Assembly action on a land disposal (P&Z Case No. 13-031). The parcel subject to this amendment was approved for disposal by KIB Resolution FY2014-14 and is intended to be replatted to become part of new Lot 2-B, Block 2, Miller Point Subdivision (P&Z Case No. S14-004). The amendment will facilitate a Comprehensive Plan supported rezone from PL-Public Use Lands to RR1-Rural Residential One. That rezone will ensure consistent zoning of new Lot 2-B and will allow the land to be utilized for its intended disposal purpose. The Commission held a public hearing on January 15, 2014 on this request and found the request is consistent with the goals and objectives of the 2008 KIB Comprehensive Plan. The Commission voted unanimously to recommend the Assembly approve this Comprehensive Plan amendment request. 62 public hearing notices were mailed on Friday, February 7, 2014. Reponses received will be provided upon receipt by the Clerk's Office. Notices were also provided to the Service Area No. 1 Board. RECOMMMENDED MOTION: Move to adopt Ordinance No. FY2014-13. Kodiak Island Borough Page 180 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. Introduced by: Borough Manager 2 Requested by: Planning and Zoning Commission Drafted by. Community Development 3 Introduced on: 02/06/2014 4 Public Hearing: 02/20/2014 5 Adopted on: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-13 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING THE KODIAK ISLAND BOROUGH 2008 11 COMPREHENSIVE PLAN FUTURE LAND USE MAPS (FIGURES 4.2 12 AND 11.1) CHANGING THE FUTURE LAND USE DESIGNATION OF 13 A PORTION OF TRACT B, MILLER POINT SUBDIVISION FROM 14 FUTURE SPECIAL PLANNING AREA TO RURAL RESIDENTIAL(P&Z IS CASE NO. 14-012) 16 17 WHEREAS, the Planning and Zoning Commission received a request by the Borough to 18 amend the KIB 2008 Comprehensive Plan Future Land Use Maps changing the future 19 land use designation of a portion of Tract B, Miller Point Subdivision; and 20 21 WHEREAS, at an advertised public hearing, consistent with KIBC 17.205.040, the 22 commission considered the merits of the amendment request; and 23 24 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 25 Comprehensive Plan future land use designation for this parcel be amended finding that 26 the public necessity, convenience, and general welfare and good zoning practice would be 27 enhanced by such action; and 28 29 WHEREAS, the Commission hereby recommends that this amendment request be 31) reviewed and approved by the Borough Assembly. 31 32 NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH that: 34 35 Section 1: This ordinance is not of a general and permanent nature and shall not 36 become a part of the Kodiak Island Borough Code of Ordinances. 37 Section 2: The KIB 2008 Comprehensive Plan Future Land Use Maps (figures 4.2 and 38 11.1) are amended changing the future land use designation for a portion 39 Tract B, Miller Point Subdivision from Future Special Planning Area to Rural 40 Residential. 41 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 42 Commission are confirmed as follows: 43 1. This amendment follows the decision of the KIB Assembly that this parcel is 44 surplus to the needs of the Borough. Kodiak Island Borough,Alaska Ordinance No,FY2014-13 Page 1 of 2 Page 181 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. 45 2. For land to be conveyed to private ownership, a Comprehensive Plan future land 46 use designation of Future Special Planning Area would not be appropriate. 47 3. A future land use designation of Rural Residential is consistent with the 48 designations of the surrounding residential areas. 49 4. A future land use designation of Rural Residential should have no adverse effect 50 on development trends or traffic in the surrounding area. 51 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow 52 the subject parcel to be utilized for its intended disposal purpose. 53 6. This amendment will assist in attaining specific goals and in meeting specific 54 policies, implementation actions, and implementation priorities stated in the 55 adopted Comprehensive Plan. 56 7. The Kodiak Island Borough Planning and Zoning Commission recommends 57 approval of the requested amendment. 58 59 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 60 THIS DAY OF FEBRUARY 2014 61 62 63 KODIAK ISLAND BOROUGH 64 65 66 67 Jerrol Friend, Borough Mayor 68 69 ATTEST: 70 71 72 73 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Ordinance No. FY2014-13 Page 2 of 2 Page 182 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. . Kodiak Island Borough f ¢cx 1f Office of the Borough Clerk JA.. .,' %Fl 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks(ii/kocliakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, February 20, 2014, 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. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership(P&Z Case No. 14-012). Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1)Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks(Wkodiakak us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 3 p.m. on February 20, 2014. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance Nos. FY2014-11, FY2014-12, and FY2014-13 Page 183 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3- Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public FacilitieslOwnership (P&Z Case No. 14-012). Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). .bt al. e ,:° ,c1 3)Portion of Trap e,Miler Point _ h e Subdivision from Future Spacial �"� Fc lisot Planning Area to Rural Residential + pio, r ,ppoi •,', e • �fjj ti �!"�fd . � �. wYtl� -.1)Portion o1 Lot 7A.BIOCk e, , < o^° Miller Point Slbdivision from , 'Public Fedilt)eslOnnenhtp a r 2)Lmlend a poruon of Lot 2A, 't. .t—\- .0 - 4 A Block 9 Miller Point Subdivision First 2 "rk Add iron from Rural Reaaknlisl to Q '+ - <. r. n ° m . �..PuM¢�FaoieieN�wMrshlt, Y r gaa aw"Y' AL'[[ 4 st i" w+ . 1--- Legend ', �i �t,Y .x _fr viii Subject.Parcels � F Zoning Legend 17-9 Public Use Lends Q Rural Residential I Q Muth Family Residential lm Light Industrial ®Watershed Q Rural Residential 2 t=1 Business 1=1 Rural Neighborhood Commercial ( I Conservation I •)Single Family Residential CI Retail Business Q Urban Neighbom000 Commercial Fri Rural Residential I .J TWo Family Residential O Industrial f—i Natural Use Page 184 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. PUBLIC HEARING FORM Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership(P&Z Case No. 14-012). Ordinance No. FY2014-13 Amending the KB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1)Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). ❑ 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 clerksekodiakak.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 3 p.m.on Thursday,February 20, 2014. Page 185 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. PHILLIP AGUIRRE ALASKA SEAFOOD PRODUCERS BERT ASHLEY PO BOX 1341 INC. PO BOX 425 KODIAK,AK 99615 PO BOX 1027 KODIAK,AK 99615 NEWPORT,OR 97365 BAYSIDE WEST BUSINESS PARK PHILIP BECKER ETAL DOROTHEA BLAIR ETAL 12042 SE SUNNYSIDE RD P O BOX 2163 PO BOX 8822 CLACKAMAS,OR 97015 KODIAK,AK 99615 KODIAK,AK 99615 LEE BONDURANT JOSE BRAVO RONNIE BRYANT PO BOX 8502 101 SORCERER CT PO BOX 2023 KODIAK,AK 99615 ANCHORAGE,AK 99518 KODIAK,AK 99615 CHARLES BURKEY JR ANTHONY CHACO CITY OF KODIAK PO BOX 576 PO BOX 2956 P.O.BOX 1397 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DANIEL DAVIS TRAVIS DIEMER ENERGY PLUS HOMES,INC PO BOX 420 PO BOX 8993 PO BOX 1066 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DAYNA FERGUSON MATTHEW FOSTER CATHERINE HAASE PO BOX 8612 3493 OTMELOI WAY 568 E.BORDER RD KODIAK,AK 99615 KODIAK,AK 99615 BISBEE,AZ 85603 REESE HEERINGA TODD HINER ALLEN HOFLER 984 HILLTOP DR P.O.BOX 671 CMR 479#77 KODIAK,AK 99615 KODIAK,AK 99615 APO,AE 09263 HOGAN CONSTRUCTION INC WELBY JENSEN KATHLEEN JORRITSMA 3099 SPRUCE CAPE ROAD P O BOX 808 3430 ANTONE WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 GARY NICHOL JR WILSON KODIAK ELECTRIC ASSOC KODIAK ISLAND BOROUGH 874 MALLARD WAY PO BOX 787 710 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615-0787 KODIAK,AK 99615 CHRIS KOSTELECKY LYNNAE LAWRENCE DANIEL LEITHEAD PO BOX 2383 126 INDIAN HEALTH WAY 3439 ANTONE WAY KODIAK,AK 99615 HARLEM,MT 59526 KODIAK,AK 99615 Page 186 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. BRADLEY MAJDIC BARBARA MAJDIC MARK MAJDIC PO BOX 345 PO BOX 993 P 0 BOX 993 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JULIUS MAJDIC ETAL ANN E MALUTIN JERE C MILLS ETAL CIO MARK MAJDIC P.O.BOX 633 PO BOX 1802 PO BOX 993 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 CORT NEFF TRAVIS NELSON STEPHAN PAULSON PO BOX 8592 PO BOX 8875 962 MALLARD WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KURT PEDERSEN JAMES PETERSON TERRY W POLLARD PO BOX 2405 P.O. BOX 2290 PO BOX 8523 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 SHIRLEY PRUITT LISA ROBBINS JOSEPH ROBINSON PO BOX 2144 P O BOX 2173 PO BOX 1861 KODIAK,AK 99615 KIRKLAND,WA 98083 KODIAK,AK 99615 CARL SHOLL TIMOTHY&KATHERINE STAMM NICHOLAS SZABO 3761 SUNSET DR 575 SILVER FOX LANE P.O. BOX 1633 KODIAK,AK 99615 WASILLA,AK 99654 KODIAK,AK 99615 DAVID URE MATTHEW VAN DAELE ETAL LAWRENCE & HILARY VAN DAELE P.O.BOX 2361 3741 OTMELOI WAY FAMILY TRUST KODIAK,AK 99615 KODIAK,AK 99615 3401 ANTONE WAY KODIAK,AK 99615 GORM VISFELDT DAVID WAGES JAMES WALKER P O BOX 2893 7122 SW 28TH AVE 8744 PAINE RD KODIAK,AK 99615 PORTLAND,OR 97219 ANCHORAGE,AK 99516 VALENE WILDE MICHAEL WILLIAMS CLARK YATSIK 3431 ANTONE WAY P.O.BOX 3257 482 SHEARWATER WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 GUARDIAN LANDING,LLC BRYAN&THOMAS BOWER 522 SOUTH HUNT CLUB BLVD#226 PO BOX 1373 APOPKA,FL 32703 EL GRANADA,CA 94018 Page 187 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. Kodiak Island Borough >$f* Community Development Department A ) 710 Mill Bay Road �� dry i ; Kodiak,Alaska 99615 Phone (907)486-9363 Fax(907)486-9396 www.kodiakak.us Memorandum Date: January 23,2014 To: Mr.Charles E.Cassidy,Jr.,Borough Manager Cc: Mr.Robert H.Pederson,ACIP,Director,Community Development Department From: Jack L.Maker,Assistant Planner RE: Transmittal of Comprehensive Plan Amendment Case 14-012,information for the February 6, 2013 regular Assembly agenda. The Kodiak Island Borough Planning and Zoning Commission, as required per KIBC 17.205.055, hereby transmits the January 15, 2014 meeting materials and recommendations for three (3) KIB 2008 Comprehensive Plan amendments for consideration of the Kodiak Island Borough Assembly. P8Z Case No. 14-012 addressed all three of the Comprehensive Plan amendments. Separate agenda statements and ordinances have been drafted for each of the three amendments, all of which are included in the transmittal materials. The P&Z Commission recommends approval of these three (3) Comprehensive Plan amendment requests. The Planning and Zoning Commission at their meeting on January 15, 2014 moved to forward the requests, recommending approval, to the Borough Assembly. The Commission perceived no major policy implications related to these requests, and found the requests to be generally consistent with the goals and objectives of the adopted comprehensive plan. Attachments: Draft Agenda Statements (3); Draft Zoning Ordinances (3); P&Z Decision Letter; P&Z Minutes; P&Z Case Packet 14-012. Page 188 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. Pc0 epq KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 1421111-41;:-: P S Z JANUARY 15,2014 f` PUBLIC HEARING ITEM:7A SUMMARY STATEMENT L ALASKA Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT ITEM TITLE: Case 14-012. Request an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the land use designations for the following parcels: 1. A portion of Lot 1A,Block 6,Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A,Block 9,Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and 3. A portion of Tract B,Miller Point Subdivision from Future Special Planning Area to Rural Residential. RECOMMENDED ACTION: Staff recommends that this request is consistent with the adopted comprehensive plan,satisfies the requirements of Title 17 of the Kodiak Island Borough Code for an amendment, and recommends approval of the request. APPROPRIATE MOTIONS: Should the Commission agree with the staff recommendation,the appropriate motions are: AMENDMENT NO. 1 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. AMENDMENT NO. 2 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. AMENDMENT NO. 3 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Case No.14-012 Summary Statement Page 189 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. KIB Location 84 Zoning Map E location and Zoning i,Request an amendment to the Kodiak Island Borough 2008 Comprehensive Case No.144/12 Plan Future and Use Maps(Figures 4.2-and 11.1)changing the land use a. Applicant:Kodiak Island.Borough • designations for the following parcels: ' ft A portion of tot 14,Block 6,Miller Point-Subdivision from la " ' - Facilities/Ownership to Rural Residential; ft WEI 1 and a portion of Lob2A,Block 9,Miller Point-Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and ft A portion of Tract-B,Miller Point,Subdivision from Future Special Planning Area to Rural Residential. `nnm me,a - a e ° ! , F} ; � i a n 3)POrtision front MllSp PO nt e s s e P ¢ Subdivision Area Rural Special '�"` F, -/ rap` Planning Area to Rural Residential �. 4'. u1 - /a 4 s cq ¢Y ,�. 3 a ..4 t ft vmm 1 C "* e ' cam , 4Tt A(1 a i , k,`- Public Facilities/Ownership -� " t - 1 • �C. .- } ' �• to Rural Res dendal a 2)Lot 1 and a portion of Lot 2A. - 5 x, .t. Ulf-d .-� raAcy' 3 k Block 9,Muller Point Subdivision First f, n t 1 C , ! 4 Fv La� `a I Addition from Rural Residential to '' p y Public Facilities/Ownership ;.1 Ma away t *;I,; ,1 lief ‘:.:,"C: 6g,y 1 4 t ,3 � � r o«�+ Legend FAr © 1 s t-`tit gc Subject Parcelsp< • Zoning Legend if-7)]]Public Use Lands L_,f Rural Residential 1 El Multi Family Residential Q Light Industrial mn r�,g Watershed Q Rural Residential 2 Q Business Q Rural Neighborhood Commercial Conservation LJ Single Family Residential Q Retail Business Q Urban Neighborhood Commercial li=+..J Rural Residential It I Two Family Residential (=Industrial _21 Natural Use Kodiak bend Borough GIS Community Development Department one=Access Roads nlin/Iwwi 4 odiaxax us/gb 19071466.9337 cc aid �pinedw d'any cgaje:5 �ea sa a n any le9L rmesRgeimtu. [Ti..i aneonstVC•ed Rental Ways Case No.14 012 Introduction Page 1 of 2 Page 190 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. Image Overlay n t Requen an amendment to tM1e Kodiaklslantl eorougti'2008 Comprehensive .aAV.m .0 hlue,5 ase.. 14012 t , *,*#.40 V 'Plan future Lantl Use Maps(Figuresd2 antl 11?1)changing [he land use z.., Applicant Kodtak Istand Borough,% `` 'de signations for[he tollowmg parcel 4 .`++'' } 31`A'�porbon,of Lot 1A.Block 6, er Point Subdivision O.071.Public ;�, rj- S 'ems -� �" igri4Ls(ownership to Re6rar Residential °` . a � 2. btl and a portion of Lot 2A,Bloci 9 MMiIIlr Pao not Subdiv sloe First Adcdition S� �kq from Rural Residential cagrge is Facilmes/ownership'land tr 148T'''''.' qa . h` tS',f Apollo ofTrms M1ple,fr.. 1=Su drv5 i,c4-•oFuture Special Planning x; Fi... F z $ sp, r Area to Rtt Rra de it -Cew t,P1! , ,•>l &;'C•e� j"s ;x i r iya ri�''e et ,,tyattw ,12,j,r {1 ,�.C 3 ¢., dlrt sr c.yi}t+dF i ,�?aLt f ay +.. 1^ �I.. i.�' e'iJijti'.�`4 jaj �{,,,i: i yu it` ,,,aF Y.r�,y',t:A ".=fd rl,} ,.1 sea t;4,,,t ,Th xae t s,'YS i 3)Podlonof Tract 8.,,Iler,... ' 'ukp fF t fl Subd vision from Future ler Pmn Y I' y f p a5t,�T�`'�P)Pts,Area to Rural Resdential 3 ,.f _ + E._,.. srC`t ift✓ r a wt,yry+,'s�Z z�2r1 f+ z f .A°�#r 'i" f�i " '�yY $' y e M'3r r' .5 '�' .A-'nom;"#' " sl 3a�d 4kF �a' 1 r a 19'A {rS& * q I,gft aT` �;jwf Ala r-,+a y5- rr4./prj.e '4`t' {OA 1 . r;o k� 1 3", ,c,/^,0�rW i�, "Pa's'` t�pit ` n'` • ; S " ° a 021 ,Af Wit 1 i *an ��Qa 4 ]a;�_ �(�y O`t t r a P p R ,�a /a"4 s-xf,+ d L�. .t `� '�r l,C'a"`oo'o,a°®'°�'�' 3." j4 way r s. "1A ..41t`i'8 s'r , ,I, A , 2)Lot l and a portion of Lot 2A \ S� xya 'T+^��a W 3ra 81,,, 9 Miller Pam( esidmsial ,S.a, .n o et., - ?7 �"` ,le, • Addition from Rural ersden4al to r*- S4�r a Ot L�f I Pub'o PaGlibesiownership \i "A. S' it ix ,',4,2,..;:. G�:j' - �t� away�+A: "t 5s" � E` � Ltd a aM1® `� r aL _ '..m a , i { t; v}g3 .. Y* , V 4 L Y ' ty Y A "n 1xAr^ � o ee t.f ^' 'ar > 1�"„ fit . ',rte ” : �� s� �1 '... '� .,r S tC . i` .. Cam- St, t 1)PoNOn of LOt 1A on from ae t ~,. py„ r dtX. dj , ti 6 Miller Pointtieslo sonh, - }49 „ r '"a m Pubi Faalltles/OwnerS P aw e j' ,�} ��g.� a` • to Rurel Residen�tal � y,�l, i• olh i*,It,;t.., 4. .-.Y .1 5 �+'T Y . �.f :b'oA; .,a I ®®.\>]F1WK ;r'Q�i LI Ima•e Overla Legend I Subject Parcels s Kodiak inane oomuen ms Community oe.oiopment Department hit ii4ire koal:"'Ya Spa t�]I486-9J'v] oma'a,s ry nrenceatrenll�'¢{.axnmlms Case NO 14.012 inbodualon Page 2 of 2 Page 191 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. P140 eO4 KODIAK ISLAND BOROUGH y S COMMUNITY DEVELOPMENT DEPARTMENT P&Z JANUARY 15,2014 4 ' 'i PUBLIC HEARING ITEM.7 A STAFF REPORT ALASKA DATE: January 3, 2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 14-012 APPLICANT: Kodiak Island Borough REQUEST: An amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the future land use designations for the following parcels: 1. A portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. LOCATIONS: 1)961 Mallard Way;2)3341 &3391 Antone Way;3)4352 Monashka Bay Road ZONING: 1) PL-Public Use Lands;2)RR1-Rural Residential One; 3)PL-Public Use Lands NOTICE: Sixty-two (62) public hearing notices related to this request were mailed December 24,2013. No public hearing notices have been returned. SITE VISIT: Various 1. Zoning History: Lot 1A. Block 6, Miller Point Subdivision • Designated as Residential Unclassified by the 1968 Comprehensive Plan. • Rezoned to RR-Rural Residential by Ordinance 1980-9-0. • Rezoned to RR1-Rural Residential One by Ordinance 1983- 15-0. • Rezoned to PL-Public Use Lands by Ordinance 1991-19. Lot 1 and Lot 2A, Block 9, Miller Point Subdivision First Addition • Designated as Residential Unclassified by the 1968 Comprehensive Plan. • Rezoned to RR-Rural Residential by Ordinance 1980-9-0. • Rezoned to RR1-Rural Residential One by Ordinance 1983- 15-0 Tract B, Miller Point Subdivision • Designated as unclassified by the 1968 Comprehensive Plan. • Rezoned to PL-Public Use Lands by Ordinance 1968-16-0. Case No.14-012 Staff Report Page 1 of 10 Page 192 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. PNV Bog KODIAK ISLAND BOROUGH ye COMMUNITY DEVELOPMENT DEPARTMENT �:.., P 8 Z JANUARY 15,2014 PUBLIC HEARING ITEM:7 A A. STAFF REPORT ALASKA 2. Lot Size: Lot 1A, Block 6, Miller Point, 11.63 acres (Portion subject to this request,±2,410 square feet) Lot 1, Block 9, Miller Point Subdivision First Addition, 1.58 acres Lot 2A, Block 9 Miller Point Subdivision First Addition, .52 acres (Portion subject to this request,t 14,379 square feet) Tract B, Miller Point Subdivision, 34.69 acres (Portion subject to this request,± 11,935 square feet) 3. Existing Land Use: All parcels subject to this request are vacant. 4. Surrounding Land Use and Zoning for Lot 1A, Block 6,Miller Point Subdivision and Lot 1 and Lot 2A, Block 9, Miller Point Subdivision First Addition: North: North Star Elementary School Zoned PL, single-family residences zoned RR1, and vacant parcels zoned RR1. South,east, and west: Single-family residences and vacant parcels zoned RR1. Surrounding Land Use and Zoning for Tract B, Miller Point Subdivision: North and west: Single-family residences zoned RR1 and a vacant parcel zoned PL. East: Single-family residences zoned RR1 and warehouse/outdoor storage facilities zoned B. South: Single-family residences and vacant parcels zoned RR1. 5. Comprehensive Plan: The 2008 Comprehensive Plan Future Land Use Maps designate area 1 as Public Facilities/Ownership, area 2 as Rural Residential, and area 3 as Future Special Planning Area. 6. Applicable Comprehensive Plan Future Land Use Designations(Chapter Four, Page 13): Rural Residential. This designation allows for residential development at rural densities where municipal water and sewer treatment facilities are not available. Such development must take place on larger lots and would include uses allowed in the RR, RR1, and RR2 zones. Public Facilities. This zone is intended for public facilities such as water and wastewater treatment facilities, police or fire stations, and other public facilities, but not including parks and recreation facilities. Future Special Planning Area: The Comprehensive Plan does not define this future land use designation. Case No.14-012 Staff Report Page 2 of 10 Page 193 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. gr.NO aoq KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P JANUARY 15,2014 PUBLIC HEARING ITEM'.7 A C °C STAFF REPORT 4 ALASKA 7. 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. KIBC 17.205.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires,the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. KIBC 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. KIBC 17.205.060 Hearing determination. The assembly shall consider an application or commission recommendation for change in the boundary of a district or any other commission recommendation proposing a change in this title, and the report of the commission at its next regular meeting after receipt of such report. If,from the facts presented and by the findings of the report of the commission, it is determined that the public necessity, convenience, general welfare and good zoning practice requires the change or amendment of any portion thereof, the assembly by ordinance shall effect such amendment,supplement,change or reclassification. Case No.14—012 Slae Report Page 3 of 10 Page 194 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. an KICSs KODIAK ISLAND BOROUGH yP-s '- : �� COMMUNITY DEVELOPMENT DEPARTMENT '� PBZ JANUARY 15,2014 a,P PUBLIC HEARING ITEM:7 A O' e- STAFF REPORT 3 ALASKA REQUESTED PLAN AMENDMENTS This request to amend the 2008 Comprehensive Plan was initiated by the Kodiak Island Borough as the first step of the rezone process for two and disposal properties and for property previously purchased by the Borough. To ensure the rezone requests will be consistent with all aspects of the Comprehensive Plan, the following amendments to the Future Land Use Maps are necessary: Parcel 1 Change the future land use designation for a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; Parcel 2 Change the future land use designation for Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership; and Parcel 3 Change the future land use designation for a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. PLAN AMENDMENT JUSTIFICATION Parcel 1 This parcel was determined to be surplus to the public's need and was approved for disposal by KIB Resolution No. FY 2013-20 (Case No. 13-014). The parcel is intended to be combined with an adjacent parcel zoned RR1 to create Lot 2B-1, Block 9, Miller Point Subdivision First Addition (Case No. S13-024). The site has a future land use designation of Public Facilities/Ownership and residential uses are not expressly allowed in that future land use designation. Parcel 2 This parcel was purchased by the Borough in 2001 (KIB Resolution No. 2001-33) with the intent of combining it with the North Star School Tract (Case No. S13-024). The site has a future land use designation of Rural Residential and schools are not expressly allowed in that future land use designation. Parcel 3 This parcel was determined to be surplus to the public's need and was approved for disposal by KIB Resolution No. FY 2014-14 (Case No. 13-031). The parcel is intended to be combined with an adjacent parcel zoned RR1 to create Lot 2-B, Miller Point Subdivision (Case No. S14-004). The site has a future land use designation of Future Special Planning, which is not defined in the Comprehensive Plan. Changing the future land use designation to Rural Residential will accommodate the intended residential use of the parcel. Prior to replotting and rezoning these parcels, the Comprehensive Plan Future Land Use Maps need to be amended so that the proposed zoning for each parcel will be consistent with the future land use designations on those maps. Approval of the requested Future Land Use Map amendments will ensure the rezones are consistent with all aspects of the Comprehensive Plan. Case No.14-012 staff Report Page 4 of 10 Page 195 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. P-o eoq KODIAK ISLAND BOROUGH y, COMMUNITY DEVELOPMENT DEPARTMENT P&Z JANUARY 15,2014 PUBLIC HEARING ITEM:7 A Stf.r STAFF REPORT 3 ALASKA CONSISTENCY OF PLAN AMENDMENT WITH THE COMPREHENSIVE PLAN The Comprehensive Plan states that: "Implementation is the most important phase of the planning process. It is when the goals and policies of the Comprehensive Plan are transformed into actions. A Comprehensive Plan, no matter how well crafted, is of little value if it is not implemented and used to inform other Borough and local community planning decisions. Implementation of the Comprehensive Plan can and should be carried out through the following strategies: • Regular review of the Comprehensive Plan by staff as specific policy and administrative decisions are evaluated. • Incorporation of plan priorities and projects in annual Borough work plans, budgets and Capital Improvement planning processes. • Development and use of a system to notify plan holders or other interested parties of proposed and/or adopted Plan amendments." The proposed plan amendments will assist in attaining the following Comprehensive Plan goals and are consistent with the policies, implementation actions, and implementation priorities of the adopted Comprehensive Plan: Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy:Zone land to meet future housing, commercial, industrial, and other land needs. Implementation Action: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native-owned lands to help meet these needs. Goal: Continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures. • Implementation Action: Update and enhance the KIB Zoning Ordinance, as well as other planning procedures to meet land use and planning goals cost effectively and efficiently. Goal: Establish goals, priorities, and procedures for acquisition, disposition,and management of Borough-owned lands. Implementation Action: Develop a land management policy that: identifies property on the road system that is used by the public but is not in public ownership; identifies property on the road system that is needed for fire stations, school sites, recreational areas and other public uses; and identifies property for acquisition by the Borough through purchase or trade. Implementation Action: Develop a land management policy system and portfolio for Borough-owned lands that inventories resources and potential uses, and designates which lands the Borough should retain and which lands it should sell or trade. Goal: Help ensure an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. Case No.14—012 Staff Report Page 5 of 10 Page 196 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. PNO aoq KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT k v� ..,;•,„` P 8 Z JANUARY 15.2014 i ' 1 '..Lid PUBLIC HEARING ITEM:7 A "¢.'. STAFF REPORT ; ALASKA Goal: Support the provision of quality elementary and high school educational services and facilities for all Borough residents. Implementation Priority: Maintaining and improving school facilities and educational opportunities in communities throughout the Borough, including addressing major maintenance issues, providing a consistent range of educational opportunities and ensuring that the population remains high enough to provide schools in communities where they are needed. Implementation Priority: Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. EFFECT OF PLAN AMENDMENT ON RECENT DEVELOPMENT TRENDS IN THE AREA Development trends within the proximity of all three parcels are focused on the establishment of single-family residences. Although current development has been gradual, the area exhibits all the indicators of continuing expansion and increasing intensity of use within the surrounding neighborhoods. Parcel 3 is the only parcel that is within proximity of non-residential zoning (i.e., B-Business Zoning along Rezanof Drive). The commercial development trends in that area are focused on outdoor storage and warehouse uses. There is no indication that those trends will change within the near future. The requested amendments are consistent with the residential development trends of the surrounding areas and will have no adverse effect on the commercial development trends within the vicinity of parcel 3. IMPACT OF PLAN AMENDMENT ON AREA TRAFFIC The requested amendments will result in no change to the current traffic level of the surrounding areas. SUMMARY • The amendments will facilitate rezones that will the prevent split lot zoning of the respective new lots and allow the subject parcels to be utilized for their intended disposal and acquisition purposes. • The amendments should have no adverse impact on the current development trends and traffic in the affected areas. • The amendments will facilitate the future expansion of North Star Elementary School that may be required. • The amendments will assist in obtaining specific goals and meeting specific policies, implementation actions, and implementation priorities of the adopted Comprehensive Plan. CONCLUSION Staff has determined that this request is consistent with specific goals, policies, implementation actions, and implementation priorities stated in the KID 2008 Comprehensive Plan. Staff supports a favorable recommendation from the Commission and approval by the Assembly. Case No 14—012 Staff Report Page 6 of 10 Page 197 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. Pt.tq Bqq% KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P&Z JANUARY 15,2014 Q PUBLIC HEARING ITEM:7 A .;;�i STAFF REPORT 3 ALASKA RECOMMENDATION Staff recommends that the Commission forward this amendment request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation,the appropriate motions are: AMENDMENT NO. 1 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Staff recommends that this motion be approved. FINDINGS OF FACT FOR AMENDMENT NO.1 (KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Public Facilities/Ownership would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning 8 Zoning Commission recommends approval of the requested amendment. AMENDMENT NO. 2 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14- 012. Staff recommends that this motion be approved. FINDINGS OF FACT FOR AMENDMENT NO.2(KIBC 17.205.020) 1. This amendment follows the 2001 decision of the KIB Assembly to acquire property for incorporation into the North Star School Tract. Case No.14-012 Staff Report Page 7 of 10 Page 198 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. P40 eoq KODIAK ISLAND BOROUGH y, COMMUNITY DEVELOPMENT DEPARTMENT Y- i' P JANUARY 15,2014 Y" PUBLIC HEARING ITEM:7 A STAFF REPORT 3 ALASKA 2. For land to be incorporated into the North Star School Tract,a Comprehensive Plan future land use designation of Rural Residential would not be appropriate. 3. A future land use designation of Public Facilities/Ownership is consistent with the designation of the adjacent North Star School Tract. 4. A future land use designation of Public Facilities/Ownership should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the parcel to be utilized for its intended acquisition purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning&Zoning Commission recommends approval of the requested amendment. AMENDMENT NO.3 Move to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Staff recommends that this motion be approved. FINDINGS OF FACT FOR AMENDMENT NO.3(KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Future Special Planning Area would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning&Zoning Commission recommends approval of the requested amendment. Case No.14-012 staff Report Page 8 of 10 Page 199 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... 0 a 5 co 0 0 0 Z 0 m N O_ a Figure 4.2 CO cn rr, ea In 1n 1. > / " / r/ - 'll N ///N�// ii r/i15 % ///j/ i r C�/ / //% ° 5p x ,> % 3)bdRls of Mille Point 5.4:1 r2/5" // // d}z Subdivision from Fut ur Special <�°// / %i / / / f l;�/ / � px s Sann Area to Rural Residential CL. AN / co S l/r% 2r//." 0 4 / F _ 2)Lot 1 and aportion of Lot 2A Ito ® > Block 9 Miller Point Subdivision First gp� ^v,,� '� on.�.,oi� Atltlibon from Rural Resitlential to 'S�' Public Facilities/Ownership - ad ID�pY. s�.1 n `\ rt v .a;kf" �' ra- n 1 Portion of Lot 1.9,Block S. W It,C(�ea f ��„v Mdler Point Subdivision from a o `�F'Y +�-�+; . �� a' W- . Public Fa ei ide Ownership }° WR/r ice.m. x �` 4�to Rural Residential N 2MOVikkfm,.i ?. l��h+.r�,. ''iae .: �A"C®�q�� ._-� To:N ` CD f* i . Kodiak Island Borough-Kodiak Urban Area:Proposed Future Land Use Q Cunmeedmauobess p wmb Femniearoe„mfnb Conswreibn Q Rural Reftleseai Q Fifty SMtitl Planning Ma G_'wan Restlereal Q IMUabai&i9M imurorI Q' '''M I'S"' Q On SpaCe'RB]feitln n od.aigVVII Moairrwwm the Kodak Urban Area Zoning, /� OUGR 0 CbP,preRarM Cy Ne XotlieRWa�M Hero uyi mmunrryflenlaymanl MpuMen1.8C05 Fn CI) Z al N 0 n 0 0 Case No.14-012 Staff Repo.,Page 9 of i0 F� N I A V Ca n Ca 0 a v O z 0 'S xy ;' s* I ? 3) Portion of Tract B Miller w i " ' ' °' z,- Point Subdivision from i** t-' -- D S Ms. a , v, Future Special Planning t;, y � Area to Rural Residential �( r o o 4 ` ' � - st -r. 2)Lot 1 and a portion of Lot 2A A.3 . ® Block 9, Miller Point Subdivision N) 0 os,First Addition from Rural Residential � C +''to Public Facilities/Ownership x fi °Y n _� a -�0 4°' , •"c. ,t. ' ^"' r "�`""- ''� - ^* yea« '.+ . � - "' iii N •t 4 S ` .� e ( T 1) Portion of Lot 1A, Block 6 � .'' ` a eta Miller Point Subdivision from i, i'" , �,hf " r�ii ..- Public Facilities/Ownershi to !T-t` .- - - - 4Rural Residential p t . x w 't, . • 10- r ,:•tl. -` �, N° r, E ,mrtr ,! „7„y ' yap !ts" ":„.,,,..,....... : ±. ...„, &� � � � rvtis ! " s ,,, n ib a ' iii- ✓' -.• n rri co M o lase No 14 o4 Staff Report Page If of 10 0 N T A J W p W AGENDA ITEM #13.C.3. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 eew kodiakak.us November 24.2013 Public Bearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,January 15,2014.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: 14-012 APPLICANT: Kodiak Island Borough REQUEST: An amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 42 and 11.1)changing the land use designations for the following parcels: I. A portion of Lot IA, Block 6, Miller Point Subdivision from Public facilities/Ownership to Rural Residential; 2. Lot I and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership;and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. LOCATION: 1)961 Mallard Way;2)3341/3391 Antone Way;and 3)4352 Monashka Bay Road ZONING: PL-Public Use Lands and RRI-Rural Residential One This notice is being sent to you because our records indicate you are a property owner/interested parry 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 most be recciced by 5 pm.Jamuln 3.21114 to be considered by the commission. If you would like to fax your continents to us,our fax number is: (907)486- 9396,or you may email your continents to ssm ith'D kodiakak.rts_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 1-555-492-9202. One week prior to the regular meeting,on Wednesday,January 8,2014,a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room(11121),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights,please feel free to call us at 486-9363. Your Name: Mailing Address: Your property Jnnipiian: Comments: Case No.14.012 Public Comment Page 1 of 4 Page 202 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. Location Request an amendment to the Kodiak Island Borough 2008 Comprehensive 1)961 Mallard Way;2)3341/3391 Plan Future land Use Maps(Figures 4.2 and 11.1)changing the land use Antone Way;&3)4352 Monashka designations for the following parcels: Bay Road 1. A portion of Lot 1A,Block 6,Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; Case 14-011 2 Lot 1 and a portion of lot 2A,Block 9,Miller Point Subdivision First Addition Applicant from Rural Residential to Public Facilities/Ownership;and Kodiak Island Borough 3 A portion of Tract B,Miller Point Subdivision from Future Special Planning Area to Rural Residential. 4 East Monastoa Bay Rwa °P® >.3)Portion of Tract B,Miller Point N®� Illfr Subdivision from Future Special �4 4®®0 Planning Area to Rural Residential tt tear AV gir/ al nl MI 41 It p . lip 6 .:,,aes4011smiptipit aadis dm mas RI ® ®%%jCWS f �_ Miller Point Subidivision from �� 42)Lot l and a portion of Lot 2A,Block a.a �r public Facirities/Ownership to 49,Miller Point Subdivision First Addition ^USF^`,- !OS Rural Residential Ffrom Rural wnership l to Public -v ��® �kE� •lir Facilities/Ownership mmia n ® a 0, k ®f .f� <i:��A� �® ®®z= S44- ? �air Fr W" era i OW Mil It; '.‘),,, dalkt --- 0 a 1414A, 0),„, I-: Public Hearing Notice Legend yt reel I f Notification Area w• gl�F la'sr o 450 900 t800 I I Subject Parcels 1c0r S Kodiak island Borough cis Community Development Department blip OMw,,kodiakak u L gw IBO)I<960JJ) s..hyyapm,a mni moenrd4eeda iFo_r iannl,YrlreS:awl:ape✓seorusela o n[. �U4m�m nshu reJ Rigm of nos Case NO 14-012 Public Comment Page 2 of 4 Page 203 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... 0 Er D) CD CD Z 0 -n N O_ A firm name LAM_Rame Mail One Mail Linel Mail Cliy Mail Stale Mall Zip CO PHILLIP AGUIRRE PO 6051341 KODIAK AK 99611 D ALASKA SEAFOOD PRODUCERS INC. PO BOX 1027 NEWPORT CR 97365 3 BERT ASHLEY PO BOX 425 KODIAK AK 99615 (D M RAYSIDE WEST BUSINESS PARK 12042 SE SUNNYSIUE RD CLACKAmAS OR 97075 _' PHII IP BECKEA ETAL P 0 BOX 2163 KODIAK AK 99615 7 CO DOROTHEA BLAIR'_TAL PO BOX 8821 KODIAK AK 99615 3 LEE BCNDURANT PO BOX 8502 K00'AK AK 99615 CD BRYAN BOWER PO BOX 1373 CI GRANADA CA 94018 _X LOSE BRAVO 101 S0RCERER CT ANCHORAGE AK 99518 CO RONNIE BRYANT PO BOX 2023 KODAK AK 95615 N CHARLES BURKEY!R PO BOX 576 KODIAK AK 99415 0 0 ANTHONY CHACO PO BOX 2950 KODAK AK 99615 CO CITY O6 KODIAK P.O.BOK 1397 KODIAK AK 99615 0 DANIEL DAVIS PO BOX 420 KODIAK AC 99615 3 TRAVIS DIEMER PC BOX 8993 KODIAK AK 99615 ENERGY PLUS HOMES,INC PO WY 5066 KODIAK AK 99615 Fe) DAYNA FERGUSON PO BOX 8612 KODIAK AK 99615 CD MATTHEW FOSTER 3493 OiMELOI WAY KODIAK AC 99615 Cl) CATHERINE HIAASE 568 E_BORDER RD BISBEE A7 85603 W REESE HEERINGA 984 HILLTOP UR KODIAK AK 99615 TODD HINER P.O.BOX 671 KODIAK AK 99615 ALLEN HOLLER CMR 4791177 APO AE 09203 HOGAN CONSTRUCTION INC 3099 SPRUCE CAPE ROAD KODIAK AK 99615 WELBY JENSEN PO 803806 KODIAK AK 99615 KATHLEEN IORPITSMA 3430 ANTONE WAY KODAK AK 99615 GARY NICHOL 1R WILSON 874 MALLARD WAY KODIAK AK 99615 KODIAK ELECTRIC ASSOC PO BOX 707 KODIAK AK 996150787 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 CHRIS KOSTELECKY PO BOX 2383 • KODIAK AK 99615 n LYNNE LAWRENCE 176 INDIAN HEALTH WAY HARLEM Mt $9526 rV DANIEL LEITFEAD 3439 ANTONE WAY KODIAK AK 99625 VRK/ 11' 0) BRADLEY MAIDIC PO BOX 345 KODIAK AK 99615 Z (0 BARBARA MAIDIC PO BOX 993 KODIAK AK 9'3615 O ax N D O A o y N Case No.14-012 Public Comment Page 3 of 4 ni A A 4t J W n 5.0 0 a = 0 z 0 m N o_ A _1 MARK MAIDIC P0 BOX 993 KODIAK AK 99615 03 JULIUS MAIOIC ETAL C/O MARK MAIDIC PO BOX 993 KODIAK AK 99615 D ANNE MALUTIN PD.BOX 633 KODIAK At 99615 3 JERE C MILLI)ETAT PO BOX 1801 KODIAK AK 99615 0 7 CORK NEF! PO BOX 8592 KODIAK AK 99615 _. TRAVIS NELSON PO BOX 0075 KODIAK AK 99615 7 (0 STEPHAN PAULSON 967 MALLARD WAY KODIAK AK 99615 S KURT PEDERSEN PO BOX 2405 KODIAK AK 99619 CD JAMES PETERSON P.O.BOX 2290 KODIAK AK 99615 TERRY W POLLARD PO 8018523 KODIAK AK 99615 03 SHIRLEY PRUITT ED BOn 3144 KODIAK AK 99613 N LISA ROBBINS PO BOX 7103 KIRKLAND WA 98083 0 0 JOSEPH ROBIN50N PO BOX 1861 KODIAK AK 99615 CO CARL SHOJI 3761 SUNSET OR KODIAK AK 99615 0 TIMOTHY&KATHERINE STAMM 575 SILVER FOX LANE WASILLA A< 99654 3 NICHOLAS SZAB0 P.O.BOX 1633 KODIAK AK 99615 DAVID URE P.O.00X 2361 KODIAK AK 99615 Fr; MATTHEW VAN DAILE Dal 3741 OTMELOI WAY KODIAK AK 99615 CD I LAWRENCE K HILARY VAN DATE FAMILY(RUST 3401 ANTONE WAY KODIAK AK 99615 (O CORM VISFELOT PO BOX 2093 KODIAK AK 99615 (1) DAVID WAGES 7122 SW 28TH AVE PORTLAND OR 97219 JAMES WALKER 8744 PANE RD ANCHORAGE AK 99516 VALCNE WILLE 3431 ANTONE WAY KODIAK A4 99615 MICHAEL WILLIAMS P.O.80/13257 KODIAK AK 99615 CLARK YAT51K 452551 EARWATE 5 WAY KODIAK AK 99615 GUARDIAN LANDING,LLC 526 SOUTH HUNT CLUB BLVD 6128 APOPKA FL 32703 BRYAN&THOMAS BOWER PO BOX 1373 EL GRANADA CA 94038 SERVICE AREA ONE BOARD PO BOX 76 KODIAK AK 99615 ALASKA DEPT OF TRANSPORTATION AIRPORT K HIGHWAY MAINTENACE 0941 ANTONE LARSEN RD KODIAK AK 99615 D G) m ° Z co 0 N D O u O N Case No.14-012 Public Comment Page 4 of 4 y rn co a it .a n W AGENDA ITEM #13.C.3. Kodiak Island Borough Planning &Zoning Commission Minutes Applicable to Case No. 14-012 January 15,2013 6:30 p.m.in the Assembly Chambers PUBLIC HEARINGS A) Case14-012. Request an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps(Figures 4.2 and 11.1)changing the land use designations for the following parcels: 1. A portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential; 2. Lot 1 and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership; and 3. A portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential. The applicant is the Kodiak Island Borough. The locations are 1) 961 Mallard Way; 2) 3341 and 3391 Antone Way; and 3) 4352 Monashka Bay Road. The zoning is PL-Public Use Lands and RR1-Rural Residential One. Director Pederson reported the amendments are for the Comp Plan and for the three motions. There haven't been any amendments to the Comp Plan since adoption in 2008. COMMISSIONER ARNDT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Lot 1A, Block 6,Miller Point Subdivision from Public Facilities/Ownership to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14- 012. Close regular meeting&open public hearing: No public testimony. Close public hearing&open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO. 1 (KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Public Facilities/Ownership would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 1/15/2014 P&Z Minutes Page 1 of 3 Page 206 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of Lot 1 and a portion of Lot 2A, Block 9,Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership and to adopt the findings of fact as presented in the staff report as 'Findings of Fact"for Case No. 14-012. Close regular meeting&open public hearing: No public testimony. Close public hearing&open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO.2(KIBC 17.205.020) 1. This amendment follows the 2001 decision of the KIB Assembly to acquire property for incorporation into the North Star School Tract. 2. For land to be incorporated into the North Star School Tract, a Comprehensive Plan future land use designation of Rural Residential would not be appropriate. 3. A future land use designation of Public Facilities/Ownership is consistent with the designation of the adjacent North Star School Tract. 4. A future land use designation of Public Facilities/Ownership should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the parcel to be utilized for its intended acquisition purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER ARNDT MOVED to recommend that the Kodiak Island Borough Assembly approve an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the future land use designation of a portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-012. Close regular meeting&open public hearing: Birch Foster sought clarification on what exactly this request was and he thanked the commission. Director Pederson stated Mark Majdic requested to purchase a small piece of land from the borough because Majdic's lot was platted to what later became the right of way for the highway. This will make his lot useable for a home site. The assembly approved the land disposal. Tonight is the action to amend the Comp Plan, and then there will be a rezone coming. There will also be a replat that joins the small piece of borough land into his parcel. Close public hearing&open regular meeting: FINDINGS OF FACT FOR AMENDMENT NO. 3(KIBC 17.205.020) 1. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, a Comprehensive Plan future land use designation of Future Special Planning Area would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 1/15/2014 P&Z Minutes Page 2 of 3 Page 207 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to be utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions, and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 1/15/2014 P&Z Minutes Page 3 of 3 Page 208 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. Kodiak Island Borough a a �1t Communip'Development Department cii. Nk A+ ^, t. 710 Mill Bay Road m '�'1� °✓,/ Kodiak,Alaska 9960 Phone(907)486-9363 Fax(907)486-9396 vinaba.kbdiakak.us January 22,2014 Mr.Lawrence J.Van Dade 3401 Antone Way Kodiak,AK 99615 Mr.Mark klajdic PO Box 993 Kodiak,AK 99615 Re: Case 14-012. Request an amendment to the Kodiak Island Borough 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) changing the land use designations for the following parcels: I. A portion of Lot IA, Block 6,Miller Point Subdivision 'com Public Facilities/Ownership to Rural Residential: 2. I-ot I and a portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public facilities/Ownership;and 3. A portion of Tract B, Miller Point Subdivision front Future Special Planning Area to Rural Residential. Dear Mr.Van Dade&Mr.Majdic: The Kodiak Island Borough Planning& Zoning Commission at their January 15, 2014 regular meeting moved to forward the request cited above,recommending approval,to the Assembly. The following Findings of Fact were adopted in support of their decision: FINDINGS OF FACT-AMENDMENT NO. 1 (KIDC 17.205.020) I. 'Ibis amendment follows the decision of the KID Assembly that this parcel is surplus to the needs of the Borough. 2. For land to he conveyed to private ownership,a Comprehensive Plan future land use designation of Public Facilities/Ownership would not be appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural 12esidential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to he utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. Page I of 2 Page 209 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.3. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. FINDINGS OF FACT-AMENDMENT NO.2(KIBC 17.205.020) I. This amendment follows the 2001 decision of the KIB Assembly to acquire property for incorporation into the North Star School Tract. 2. For land to be incorporated into the North Star School Tract,a Comprehensive Han future land use designation of Rural Residential would not be appropriate. 3. A future land use designation of Public Facilities/Ownership is consistent with the designation of the adjacent North Star School Tract. 4. A future land use designation of Public Facilities/Ownership should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the parcel to be utilized for its intended acquisition purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, i niplementation actions,and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Comm ission recommends approval of the requested amendment. FINDINGS OF FACT-AMENDMENT NO.3(KIBC 17.205.020) I. This amendment follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to he conveyed to private ownership,a Comprehensive Plan future land use designation of Future Special Planning Area would not he appropriate. 3. A future land use designation of Rural Residential is consistent with the designations of the surrounding residential areas. 4. A future land use designation of Rural Residential should have no adverse effect on development trends or traffic in the surrounding area. 5. This amendment will facilitate a rezone that will prevent split lot zoning and allow the subject parcel to he utilized for its intended disposal purpose. 6. This amendment will assist in attaining specific goals and in meeting specific policies, implementation actions,and implementation priorities stated in the adopted Comprehensive Plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of the requested amendment. The commission's recommendation,and other packet materials will be forwarded to the Assembly.Please contact the Clerk's Office at 486-9310 for information on when this item will be scheduled to be heard by the Assembly. SincerrA5OflICP e l y Director,Community Development Dept. CC: Nova Javier,Borough Clerk Mr.Bob Scholze Planning&Zoning Commission Page 2 of 2 Page 210 of 294 Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive ... AGENDA ITEM #13.C.4. KODIAK ISLAND BOROUGH AGENDA STATEMENT :,, e; ;�, FEBRUARY 20, 2014 • OY - Assembly Regular Meeting TITLE: Ordinance No. FY2014-14 Rezoning a± 2,410 Square Foot Portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One (P&Z Case No. 14-010). ORIGINATOR: Bob Pederson FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This rezone was initiated by the Kodiak Island Borough, following recent Borough Assembly action on a land disposal (P&Z Case No. 13-014). The parcel subject to this rezone was approved for disposal by KIB Resolution FY2013-20, which stated that this portion of land shall be replatted to become part of new Lot 2B (now Lot 2B-1), Block 9, Miller Point Subdivision(P&Z Case No. S13-024). The rezone will ensure consistent zoning of new Lot 2B-1 and will allow the land to be utilized for its intended disposal purpose. The Commission held a public hearing on January 15, 2014 on this request and found the request is consistent with the goals and objectives of the 2008 KIB Comprehensive Plan. The Commission voted unanimously to recommend the Assembly approve this rezone request, with the addition of Finding of Fact No. 8, which states that the effective date is simultaneous with the recording of the final plat. 56 public hearing notices were mailed on Friday, February 7, 2014. Reponses received will be provided upon receipt by the Clerk's Office. Notices were also provided to the Service Area No. 1 Board. RECOMMMENDED MOTION: Move to adopt Ordinance No. FY2014-14. Kodiak Island Borough Page 211 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. Introduced by: Borough Manager 2 Requested by: Planning and Zoning Commission Drafted by: Community Development 3 Introduced on: 02/06/2014 4 Public Hearing: 02/20/2014 5 Adopted on: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-14 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING A ± 2,410 SQUARE FOOT PORTION OF I I LOT 1A, BLOCK 6, MILLER POINT SUBDIVISION FROM PL-PUBLIC 12 USE LANDS TO RR1-RURAL RESIDENTIAL ONE 13 (P&Z CASE NO.14-010) 14 15 WHEREAS, the Planning and Zoning Commission received a request by the Borough to 16 rezone a±2,410 square foot portion of Lot 1A, Block 6,Miller Point Subdivision; and 17 18 WHEREAS, at an advertised public hearing, consistent with KIBC 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 this 22 parcel 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 reviewed 26 and approved by the Borough Assembly. 27 28 NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 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± 2,410 square foot portion of Lot 1A, Block 6, Miller Point Subdivision is 35 rezoned from PL-Public Use Lands to RR1-Rural Residential One. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 38 Commission are confirmed as follows: 39 1. This rezone follows the decision of the KIB Assembly that this parcel is surplus to 40 the needs of the Borough. 41 2. For land to be conveyed to private ownership, PL zoning would not be appropriate. 42 3. A rezone to RR1 is consistent with the zoning of the surrounding residential areas. 43 4. This rezone should have no adverse effect on development trends or traffic in the 44 surrounding area. Kodiak Island Borough,Alaska Ordinance No.FY2014-14 Page 1 of 2 Page 212 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. 45 5. This rezone will prevent split lot zoning and allow the parcel to be utilized for its 46 intended disposal purpose. 47 6. A rezone of a portion of Lot 1A, Block 6, Miller Point Subdivision to RR1-Rural 48 Residential One is consistent with the adopted comprehensive plan. 49 7. The Kodiak Island Borough Planning &Zoning Commission recommends approval 511 of this rezone request. 51 S. The effective date of the rezone is simultaneous with the recording of the final plat. 52 Section 4: The rezone shall become effective on the date of recording of the final plat 53 creating Lot 2B-1, Block 9, Miller Point Subdivision. 54 55 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 56 THIS DAY OF FEBRUARY 2014 57 58 59 KODIAK ISLAND BOROUGH 60 61 62 63 Jerrol Friend, Borough Mayor 64 65 ATTEST: 66 67 68 69 Nova M.Javier, MMC, Borough Clerk 70 71 Kodiak Island Borough,Alaska Ordinance No. FY2014-14 Page 2 of 2 Page 213 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. * ` " Kodiak Island Borough .at.r/ REV Office of the Borough Clerk A , " 710 Mill Bay Road tit r <.... ' -" Kodiak, Alaska 99615 Phone (907)486-9310 Fax (907) 486-9391 clerks @kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, February 20, 2014, 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. FY2014-14 Rezoning a ± 2,410 Square Foot Portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One (P&Z Case No. 14-010). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks(o�kodiakak us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 3 p.m. on February 20, 2014. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2014-14 Page 214 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One (P&Z Case No. 14-010). n, A le .A a j �c :,k, b h„ r � ` 4 I&{ �Q \-. r .�LEi��Y4;,---L GGFn 1 P t 8 r 'O , t\1 9 V m i a h "e" Legend ® Subject Parcel-Public Use Lands Zoning 1. Zoning Legend ®Public Use Lands ® Rural Residential 1 Q Multi Family Residential 1111 Light Industrial ®Watershed Rural Residential 2 1=1 Business Q Rural Neighbomood Commercial L_J Conservation ®Single Famdy Residential [J Retail Business Egp Urban Neighborhood Commercial E$9 Rural Residential E9 Two Family Residential ren Industrial Q Natural Use Page 215 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. PUBLIC HEARING FORM Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One (P8Z Case No. 14.010). ❑ 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 clerksakodiakak.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 3 p.m. on Thursday,February 20, 2014. Page 216 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. BERT ASHLEY PHILIP BECKER ETAL DOROTHEA BLAIR ETAL PO BOX 425 P 0 BOX 2163 PO BOX 8822 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 LEE BONDURANT BRYAN BOWER JOSE BRAVO PO BOX 8502 PO BOX 1373 101 SORCERER CT KODIAK,AK 99615 EL GRANADA,CA 94018 ANCHORAGE,AK 99518 CHARLES CASSIDY ANTHONY CHACO ROBERT CURRIE P.O. BOX 2411 PO BOX 2956 546 LILLY DR KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DANIEL DAVIS TRAVIS DIEMER ENERGY PLUS HOMES,INC PO BOX 420 PO BOX 8993 PO BOX 1066 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DAYNA FERGUSON FIELDS RENTALS CATHERINE HAASE PO BOX 8612 PO BOX 25 568 E.BORDER RD KODIAK,AK 99615 KODIAK,AK 99615 BISBEE,AZ 85603 PAUL HANSEN ARNOLD HANSEN JR BRIAN HIMELBLOOM P.O.BOX 663 PO BOX 2876 PO BOX 1866 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 TODD HINER ALLEN HOFLER HOGAN CONSTRUCTION INC P.O. BOX 671 CMR 479#77 3099 SPRUCE CAPE ROAD KODIAK,AK 99615 APO,AE 09263 KODIAK,AK 99615 ISLAND SAND&GRAVEL WELBY JENSEN DAVID JENTRY PO BOX 1193 P 0 BOX 808 PO BOX 3128 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KATHLEEN JORRITSMA GARY NICHOL JR WILSON DANIEL KAVANAUGH 3430 ANTONE WAY 874 MALLARD WAY 3260 PENINSULA DR KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 CYNTHIA KILLPACK KODIAK ISLAND BOROUGH LYNNAE LAWRENCE 205 DE ANZA BLVD#144 710 MILL BAY RD 126 INDIAN HEALTH WAY SAN MATEO,CA 94402 KODIAK,AK 99615 HARLEM,MT 59526 Page 217 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. DANIEL LEITHEAD ANN E MALUTIN CORT NEFF 3439 ANTONE WAY P.O. BOX 633 PO BOX 8592 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 TRAVIS NELSON CRAIG OLSON ETAL STEPHAN PAULSON PO BOX 8875 P.O.BOX 32 962 MALLARD WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KURT PEDERSEN JAMES PETERSON LISA ROBBINS PO BOX 2405 P.O.BOX 2290 P O BOX 2173 KODIAK,AK 99615 KODIAK,AK 99615 KIRKLAND,WA 98083 PHILIP ROBBINS JOSEPH ROBINSON WILLIAM ROSS PO BOX 2173 PO BOX 1861 P.O. BOX 1661 KIRKLAND,WA 98383 KODIAK,AK 99615 KODIAK,AK 99615 GRANT SHIELDS CARL SHOLL JEFFREY T STEWART PO BOX 651 3761 SUNSET DR PO BOX 868 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 NICHOLAS SZABO DAVID URE LAWRENCE VAN DAELE P.O.BOX 1633 P.O.BOX 2361 3401 ANTONE WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 MATTHEW VAN DAELE ETAL LAWRENCE & HILARY VAN DAELE DAVID WAGES 3741 OTMELOI WAY FAMILY TRUST 7122 SW 28TH AVE KODIAK,AK 99615 3401 ANTONE WAY PORTLAND,OR 97219 KODIAK,AK 99615 JAMES WALKER VALENE WILDE MICHAEL WILLIAMS 8744 PAINE RD 3431 ANTONE WAY P.O. BOX 3257 ANCHORAGE,AK 99516 KODIAK,AK 99615 KODIAK,AK 99615 CLARK YATSIK BRYAN&THOMAS BOWER 482 SHEARWATER WAY PO BOX 1373 KODIAK,AK 99615 EL GRANADA,CA 94018 Page 218 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. Kodiak Island Borough Community Development Department A 1 �'+. 710 Mill Bay Road ��y Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 vvww.kodiakak.us Memorandum Date: January 23,2014 To: Mr.Charles E.Cassidy,Jr.,Borough Manager Cc: Mr.Robert H.Pederson,ACIP,Director,Community Development Department From: Jack L.Maker,Assistant Planner RE: Transmittal of Rezone Case 14-010,information for the February 6,2013 regular Assembly agenda. The Kodiak Island Borough Planning and Zoning Commission, as required per KIBC 17.205.055, hereby transmits the January 15, 2014 meeting materials and recommendation for a rezone for consideration of the Kodiak Island Borough Assembly. The P&Z Commission recommends approval of this rezone request. The Planning and Zoning Commission at their meeting on January 15,2014 moved to forward the request, recommending approval, to the Borough Assembly. The Commission perceived no major policy implications related to this request, and found the request to be generally consistent with the goals and objectives of the adopted comprehensive plan. *Note: This agenda item is to follow the agenda items transmitted for Comprehensive Plan Amendment Case 14-012. Attachments: Draft Agenda Statement; Draft Zoning Ordinance; P&Z Decision Letter; P&Z Minutes; P&Z Case Packet 14-010. Page 219 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. PNp BO% KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT `• P B Z JANUARY 15,2014 PUBLIC HEARING ITEM:7 B a - V° SUMMARY STATEMENT 3 ALASKA Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT ITEM TITLE: Case 14-010. Request a rezone of a±2,410 square foot portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One(KIBC 17.205). RECOMMENDED ACTION: Staff recommends that this request is consistent with the adopted comprehensive plan, satisfies the requirements of Title 17 of the Kodiak Island Borough Code for a rezone, and recommends approval of the request. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation,the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezone of a±2,410 square foot portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One and to adopt the findings of fact as presented in the staff report as "Findings of Fact"for Case No. 14-010. Case No.14-010 Summary Statement Page 220 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. ,�„t KIB Location & Zoning Map W E s Location and Zoning - Request:A rezone of a.±ThCej square foot Case No.14-010 portion of Lot a Block 6,Miller Point Subdivision Applicant:Kodiak Island Borough - 1Mpl-Public Us Lands0DRR1-Rural Residential .. One.(K IBC 17.205). e 711,1 ° +'k ( roc 14 'itl B 4'5' e, ;.c �. 4 atpWeY _ _ }p�t v nra° T.zr ¢ aka 9 , _ L. ^� aI u4 ,�7 4 - �' r?� it 3 > k d 4 \1 tY.y}i 1 +m M ` a` ;fib - \ \ _ '.,L 4Na b P- � 1 i] -* "•:%:'.;,,,,,.:,,,,:y.4 t ` "r-- e , 1, p a : 0 c t 1 • ;:•$,..,„,.,:•;“ay r� , hojtaway Legend �0 , • Subject Parcel-Public Use Lands Zoning 3 d - ,i Zoning Legend b.,7.1 Public Use Lands li>1 Rural Residential 1 Li Multi Family Residential Q Light Industrial =Watershed 0 Rural Residential 2 Q Business Q Rural Neighborhood Commercial Conservation l I Single Family Residential to Retail Business ED Urban Neighborhood Commercial kwU]Rural Residential I - 'I Two Family Residential Q Industrial kr`.1 Natural Use Kodiak island Borough GI5 Communityn Development Department =__e p¢ees Road, NV IM+xw kodakax signs(907)ea69337 1 mg am a not le naaea lor any ryal iweev ams 'I Unconsnucted Right at Whys Case No.14010 Introduction Page 1 of 2 Page 221 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. Image Overlay' Request:Qg . jj l). [ as±•2,430 square .. ;l 14-010 portiorcl bAgQ Block( 1 Subdiviswn I Applicant:Kodiak Island Borough >• a pL-public Use Landstto:RR-1 Rural Residential . � � 4 r ' { 1 4, j kt r tl n *'F.,' a o4. �,i• d '�• ;_`/ / ' f a x, s` � -`~ �~ - iS'pDHr . t..c' ? yy x.r 9 '+'', Jr•`- '"I �s 4 5,4 i ,'Ifit] '.;,--,,a p :5-.-; ✓ i 1�Y, aP3T'ss '1/20 `Si.• Iv r ^n. . i{ % 4.44°11". .4: )Y *$"�:� � l .1-1 } � S f f Y `��1 ii e °.19w 7 I el.' L3 k A t t, 4 5r '- 612,:,,,, xe }`Y ' ✓J Y c 4e Yux� 5 r,jh`--- rG PPY NY 3y �; fir`4 i ,3t. , � ‘'2'222-'v xt n t . s * %rot! ae g-( , sit r y e i r to '+ l , -"'T L 7 9 r s ‘:341 es f% R x,� .� t fir �‘'.41:.) 1 t1/44 w a *- TM r � 4, � -1-::$7.1 : Ima•a Overla Lem! Legend w �0 aso Q Subject Parcel c Kodiak lalantl Borough G19 0 ommunity development department FYpl/www.ko]i aka' usi9i5(907)490.03]7 Msrap spo Om nama[analpw,vav w ymau n eO KK.vyitgel reCresenmms Case No.14 010 Introduction Page 2 of 2 Page 222 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. pNO eoq KODIAK ISLAND BOROUGH b COMMUNITY DEVELOPMENT DEPARTMENT t 4a P 8 Z JANUARY 15,2019 P PUBLIC HEARING ITEM:7 B " STAFF REPORT 3 ALASKA ' DATE: January 3,2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 14-010 APPLICANT: Kodiak Island Borough REQUEST: Request a rezone of a±2,410 square foot portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One(KIBC 17.205). LOCATION: 961 Mallard Way ZONING: PL-Public Use Lands Zoning District. NOTICE: Fifty-seven (57) public hearing notices related to this request were mailed November 13, 2013. Fifty-seven (57) supplemental notices correcting a discrepancy in the public hearing notice map were mailed on November 21, 2013.One(1)public hearing notice has been returned. SITE VISIT: Various 1. Zoning History: Lot 1A, Block 6, Miller Point(North Star Elementary School); • The 1968 Comprehensive Plan designated this area as Residential Unclassified. • Ordinance 1980-9-0 rezoned this area to Rural Residential. • Ordinance 1983-15-0 rezoned this area to Rural Residential One. • Ordinance 1991-19 rezoned this area to PL-Public Use Lands. 2. Lot Size: Lot 1A, Block 6, Miller Point, 11.63 acres (Portion to be rezoned,±2,410 square feet) 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: North Star Elementary School Zoned PL, single-family residences zoned RR1, and vacant RR1 parcels. South,east, and west: Single-family residences zoned RR1 and vacant RR1 parcels. 5. Comprehensive Plan: The 2008 Comprehensive Plan Update designates this area as Public Facilities/Ownership. 6. Applicable Regulations:The following sections of Title 17(Zoning)of the Borough Code are applicable to this request: Case No.14—010 Staff Report Page t of 6 Page 223 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. pNO sehA KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT '% P 8 Z JANUARY 15,2014 PUBLIC HEARING ITEM:7 B °! STAFF REPORT 3 ALASKA ' 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. 17.70. 010 Description and intent(RR1 -Rural Residential One zoning district). The RR1 rural residential one zoning district is established as a land use district for large lot, low-density, residential and general agricultural purposes. For the rural residential one district, in promoting the general purposes of this title,the specific intentions of this chapter are: A.To encourage the continued use of land for low-density residential and general agricultural purposes; B.To prohibit commercial and industrial land uses; C.To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter;and D.To discourage land uses which, because of their character or size,would create unusual requirements and costs for public services. 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. Case No.14-010 Staff Report Page 2 of 6 Page 224 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. PND eoq KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P B Z JANUARY 15,2014 + PUBLIC HEARING ITEM:7 B O "51. STAFF REPORT 3 ALASKA ANALYSIS AND COMMENTS This rezone request was initiated by the Kodiak Island Borough, following recent Borough Assembly action on a land disposal (Case No. 13-014). A portion of Lot 1A, Block 6, Miller Point Subdivision was approved for disposal by KIB Resolution No. FY 2013-20. That resolution states that this portion of land shall be replatted to become part of Lot 2B(now 2B-1), Block 9,Miller Point Subdivision First Addition. The replat received final approval subject to this rezone from PL to RR1.The result of these actions will be a 0.8 acre parcel zoned RR1. CONFORMANCE WITH THE COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Maps designate the rezone area as Public Facilities/Ownership. Residential use of such land is inconsistent with this future land use designation. Upon approval of the corresponding amendments to the Comprehensive Plan Future Land Use Maps (Case No. 14-012), the future land use designation for this area will be Rural Residential. Rural Residential is consistent with the single-family residence established on what will become lot 26-1, The rezone request is consistent with the following Comprehensive Plan goals, policies, implementation actions, and implementation priorities of the adopted Comprehensive Plan: Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy: Zone land to meet future housing, commercial, industrial, and other land needs. Implementation Action: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or constraints that may affect development. Consider use of public or private Native-owned lands to help meet these needs. Goal: Continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures. Iplementation Action: Update and enhance the KIB Zoning Ordinance, as well as other planning procedures to meet land use and planning goals cost effectively and efficiently. Goal: Establish goals, priorities, and procedures for acquisition, disposition,and management of Borough-owned lands. Implementation Action: Develop a land management policy system and portfolio for Borough-owned lands that inventories resources and potential uses, and designates which lands the Borough should retain and which lands it should sell or trade. Goal: Help ensure an adequate supply of land for housing and a sufficient stock of housing, including affordable housing,are available for Borough residents. Implementation Priority: Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. Case No.14-010 start Report Page 3 of 6 Page 225 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. pNV eoq KODIAK ISLAND BOROUGH y, COMMUNITY DEVELOPMENT DEPARTMENT P 8 Z JANUARY 15,2014 �'�, PUBLIC HEARING ITEM'.7 B ^ STAFF REPORT 9 ALASKA ZONING/USE The change in zoning to RR1-Rural Residential One will not create a nonconforming use. The rezone area will be incorporated into a new lot 2B-1, Block 9, Miller Point Subdivision First Addition (Case No. S13-024). The rezone will prevent split lot zoning. The existing single- family residence established on the site is a permitted use in RR1 Zoning. LAND SUITABILITY Upon inclusion into new lot 28-1, the rezone area will be suitable for the existing use and for all other uses permitted in the applicable zoning district. RECENT DEVELOPMENT TRENDS IN THE AREA The residential development trends in the area are focused on the establishment of single- family residences. Although current development has been gradual, the area exhibits all the indicators of continuing expansion and increasing intensity of use within the surrounding neighborhoods. TRAFFIC IMPACTS The existing use will be retained in the rezone area, resulting in no change to the current traffic level. CONCLUSION Staff has determined that this request, upon approval of the corresponding amendments to the Future Land Use Maps (Case No. 14-012), is consistent with all aspects of the Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for rezones. The rezone will allow the parcel to be used for its intended disposal purpose and will result in consistent zoning for new lot 28-1. Staff supports a favorable recommendation from the Commission and approval by the Assembly. Case No.14-010 Staff Report Page of Page 226 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. PNO SOK, KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT N r1' P 8 Z JANUARY 15,2014 00 , IVY PUBLIC HEARING ITEM:7 B STAFF REPORT 3 ALASKA 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 the rezone of a t 2,410 square foot portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One and to adopt the findings of fact as presented in the staff report as "Findings of Fact"for Case No. 14-010. Staff recommends that this motion be approved. FINDINGS OF FACT(KIBC 17.205.020) 1. This rezone follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, PL zoning would not be appropriate. 3. A rezone to RR1 is consistent with the zoning of the surrounding residential areas. 4. This rezone should have no adverse effect on development trends or traffic in the surrounding area. 5. This rezone will prevent split lot zoning and allow the parcel to be utilized for its intended disposal purpose. 6. A rezone of a portion of Lot 1A, Block 6, Miller Point Subdivision to RR1-Rural Residential is consistent with the adopted comprehensive plan. 7. The Kodiak Island Borough Planning&Zoning Commission recommends approval of this rezone request. Case No.14—010 Staff Report Page 5 of 6 Page 227 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. pN0 Soq KODIAK ISLAND BOROUGH g.. COMMUNITY DEVELOPMENT DEPARTMENT P&Z JANUARY 15 2014 Y ''4 PUBLIC HEARING ITEM:7 B -' - STAFF REPORT 3 ALASKA Le 0 CLO 5'aaopG& LI= 14� ',•1 p Stp n rau«g e,. '4 1 h 5 I nV t, 6' �s jj $e , mb 1 1 yl •�' s sa k: ullr�. 2 8 ��y Z.j? III X1.. Ti• i\9� r1-1 L a sae Ro I '1i:'!'I a eP ° = m Igo f� 7,„ ;6;3. te II 1 O ho fr �I g f :S 18'50 44-c '•s I e so � I ! n'e�; 1111 . ( i s E 9 (M1 p' 3: s G� a ( ) ,3.6' a, ipp S �§ (t nn)(p)(b) 'c61 , YO 1 1 1 mile f sl 1 Iii .1 C iii Ii iii le Copy of Final Check Plat Indicting the Rezone Area. Case No.14-010 Staff Report Page 6 of 6 Page 228 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Port... AGENDA ITEM #13.C.4. Kodiak Island Borough M Suhmt[byEmail,.r7•. rr6 -°° Community Development Department :J O Mill Bay Rd.Rm205 Kodiak AK 99615 Ph.(907)486-9362 Fax(907)486-9396 http7/wwwkodiak�al.us ¢ alit PROP_IDS;ti- 2l gb3 .�z 5/ Application for Rezone KIBC 17.205 4-OID The following information is to be supplied by the Applicant: Property Owner/Applicant: Kodiak[stand Borough Mailing Address: 710 Mill Bay Rd. Phone Number: 486-9304 Other Contact email,etc.: rscholze @kodiakak.us Legal Description: Subd - ,tll bz6e fit- Str z4/J. //j (PTA)) the,r FQ Pr- Su)/1. FaSr /�t70- Block: q Lot./I-24071.9 Street Address ; eibl #14LI.RaD001 ' 33rr t 3351 4rv7z•Aja &1 Pm. ur " ' a-Pi 9 LIC z .00 Pm. ar/A = RR/ Current Zoning:26T/¢ -kra RgJ Proposed Zonin g: ixr v pr70. brr,x.4 Pt- Applicable Comprehensive Plan: 2008 KIB Comprehensive Plan Update Explanation of the need&justification for a change or amendment of zoning: This is the next step in a process that was initiated by the request of a property owner adjacent to the North Star School to acquire RIB property to be incorporated into his property to serve as buffer.The disposal was approved by Assembly resolution No. FY 2013-20 following the recommendation of the Commission in Case 13-014.The subsequent preliminary plat to consolidate the property was approved by the Commission(Case S13-024)with the condition of approval that'...the portion of Lot 1A,Block 6 The North Star School Tract)within the disposal area intended to be come part of Proposed Lot 2B-1 will be rezoned from PL to RR1 prior to recording of the plat" During discussion of that disposal,it was suggested that,in the interest of being comprehensive, other adjacent Borough property that had been acquired for Inclusion into the North Star Tract be incorporated and appropriately rezoned as part of this action.Therefore,Lot 1,Block 9 and the portion of Lot 2A.Block 9 that was not included in the disposal,are being rezoned from RR l Rural Residential One to PL Public Use. Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: Regarding rezoning of a portion of Lot 1A,Block 6 from FL to RR 1:This small portion of the North Star School property was determined to be surplus to school needs and authorized for disposal by the Assembly(Resolution No.FY 2013-20)based on its separation from the school property by drainage and natural topography. - Regarding rezoning of a portion of Lot 1 and the westerly portion of Lot 2A from RR1 to PI:Assembly Resolution No.2001-33 authorized acquisition of property adjacent to North Star Elementary School "_.to provide additional parking and adequate vehicle access." This is consistent with the Comprehensive Plan goal to"...support the provision of quality elementary and high school education services and facilities for all Borough residents.'(chapter 8,page 7) Date: Dry-so, /3 Signature: a �- 4/0 L7 7 Case No.14-010 Application Page 1 of 4 Page 229 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. • CDD Staff Certification / ` Date: (O/ '3 CDD Staff: .4 Payment Verification Fee Payable in Cashier's Office Room a 104-Main flos r of Borough Building Not Applicable r, $0.00 Less than 1.75 acres: r,. $350.00 PAID1.76 to 5.00 acres: 000 99 5.01 to 40.00 acres: p $1,000.00 OCT 31 201J 40.01 acres or more: r. $1.500.00 KODIAK ISLAND BOROUGH FINANCE DEPARTMENT case No.14-010 Application Page 2 of 4 Page 230 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... 0 a, a 0 CD z 0 m N O I9WY Y ICP FIPANTI A \1 _ _ M-�sb. ? 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I/. a _ ®% wmu m.e.� ' y n SERER I:NE .ry O I I ^'«+- E E6NA El-FIFE NANWNT I/ .I M 7/7. // ° OM .2 FUEL CANE / / T /y�� ).•••'••'".'''''nc:w¢giu '/ I) Ah TONe j{'{YT '�A ss ° ....'`''l 5a, �. • eo l Ro . j J_ I g smAN OASIS nr BEARING-HOPI AMERICAS , 3wf / 7 , ., 1 T- _c 'sr'A' W BASIS BS -t1( i4' �� w_ BASIS OF ROIP FOUND IPpT I. - � 'S-�" ALUMINUM CAP FOUND Al THE N051BL61 _6-- ( I .ur• ,1 A� COINER OP Lm za9aNNwD v (L L/m °u A667 66.6666.66666 AOIA'lu TO THE 31: 9RR. COP FOUND 0..AIG THE MES4 ALY CORNER Of ror° \\ LOT 2. i woo on, �T J j ,v j LOT KT.,:3. A I Av e FINAL CIIECIC PLAT(, BLOCK J NOT ES. / VTOL - _ SUBJECT TO ALL CONDITIONS, SERVITUDE'S, EASEMENTS COVENANTS, RESERVATION. REST R CTIONS V! AND RIGHTS OF WAY OF RECORD SUBJFC1 TO ALL COPY RIGHT LAWS. US SHINE D}w yAyA ca f. 51. NS DENNY OF'ANT KIND) INC ASSUMES NO RI SPONSI01'HY OR SHOWN HE FOR ANY ERRORS OR US. NUMBER NO 3 63 RECORDED ITI Tiff 0kV RECORDING CORDING DISTRII]. CO OMISSIONS OF ANY KIND DITIONOLVER IN TERMS OF CONTENT SHOWN HEREON AND O'.SCIAIM$ALL PLOD NUMBER 61 3 RREORDDE N TAB RODIA,RECORDIN DISSYR.I. NTCT O RELATING WARRANTIES AND/OR INFORMATION CONDITIONS S. EXPRESS OR IMPLIED, TO THE CONTENT INTO ANY NATTER PLAT NUMBER 61 SI RECORDED IN THE POW RECORDING D'STRICT. n N RELATING 10 THE INFORMATION SHOWY __RE0�0 PUI NUM ER 91-15,RECORDED I'HE KODAK RECOA0NC DISTRICT. A"E. 3A9 WAY CO S. ALL INTENT OF i0 THE ''NORTH STAR SCHOOL TRACY ARC NOT SHOWN ON TiS PLAT. PLAT NUMBER 5-15,RECORDED IN THE SOON 31000DING BSRRCE /co/�/AA' ncnsK a As S TYE INTENT OF Iry 5 SERVO IS FOR THE ADDITION OF LANDS TO LOT 20-I. PUT NUMBER -4,RECORDED IN THE SOOIN RECORDING DISTREST o 1 N a i A W n a. 0 a v coz 0 TI Kodiak Island Borough o Journal Post Listing Journal Reclassification Department Number Type Sub ledger G/L Date Description Somme Reference Journal Type A 120-Finance 20 14-00 00094 0 Jr (IL 10/31/2011 HOUROIIGII PURCHASE OF REZONE PLOW IT NU CD 3282,218693,21864 N 0 Gil Onto G/I.A ccomit Number Seeman Dererintire Description Source Debit Amount Credit Amount 10'342013 2102314500'0 Filing/Record fees ROIIROUGH PURCHASE OF REZONE 75000 (0 FERMfY1'11)3282,218691,21064 N 1001/2013 210 101.100 Cash n Bank-Welk Fargo BOUROUGH PURCHASE OF REZONE 70000 If PERMIT FID 3282,218693,21W 10/312013 IOU 1111.1001 Cash In Dank-Wells Fargo HOIIROIJGH PURCHASE OF REZONE 750 On PERMIT PID 3202,210003,21061 A 10312013 100-000 322.170 Zoning Chatter Fee BOUROIIGI I PURCHASE OF REZONE 750.00 PERMIT PIO 3702,2 1069 1,21054 O Number of Entries.4 51..°0000 01,500(10 C z 0 11) O °y O • E a 0 m CD N User Dora Cross Pages: 1 of 1 10/31/2013 3:29:31 PM N 1 it AGENDA ITEM #13.C.4. ;, Kodiak Island Borough i ` Community Development Department 'I„y VN \ 710 Mill Bay Road Room 205 y � Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 I;iz-i www.kod iakak.us November 13,2013 Mr.Robert Scholze,Borough Resource Officer Kodiak Island Borough 710 Mill Bay Road Kodiak,AK 99615 Re: Case 14-010. Request a rezone, according to KIBC 17.205, of a portion of Lot IA, Block 6, Miller Point Subdivision front PI.Public Use Lands to RRI-Rural Residential One and Lot I and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from RR1-Rural Residential One to PL-Public Use Lands. Dear Mr.Scholze: Please he advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their December 18,2013 regular meeting.This meeting will begin at 6:30 p.m.in the Assembly Chambers,710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting,on Wednesday, December I1, 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 Itearing 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 infomation.In advance,thank you for your cooperation. Sincerely, Sheila Smith,Secretary Community Development Department Case No.14-010 Public Comment Page 1 of Page 233 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 www kodiakak.as November 21,2013 Public Bearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,December 18,2013.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 Flannina and Zoning Commission,to hear comments if any,on the following request: CASE: 14-010 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze,Borough Resource Officer REQUEST: A rezone, according to KIBC 17.205, of a portion of Lot IA, Block 6, Miller Point Subdivision from FL-Public Usc Lands to RRI-Rural Residential One and Lot I and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition front RRI-Rural Residential One to FL-Public Use Lands. LOCATION: 961 Mallard Way,3341 and 3391 Antone Way ZONING: FL-Public Land and RRI-Rural Residential One This notice is being sent to you because our recto do indicate you are a propeny ownedinterested part'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 ctmnumtc must he rcceieed by 5 am,Derett her 2,2013 to be considered by the co at missien. If you would like to fax your comments to us,our fax number it (907)486- 9396,or you may email your comme ins to ssnt idt 9i kodiaknk.us.If you would like to testify via telephone,please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting on Wednesday,December I I,2013,a work session will he held at 6:30 hot. in the Kodiak Island Borough Conference Roont(0 121),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Cotmnissiotis 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: Shading Ad dress: Your property desrriprun: Case No.14-010 Public Comment Page 2 of 6 Page 234 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... Q ro co A o a IV .p, =� �,�' �� OWNERSHIP AFFIDAVIT' TERUO WEN 00 NO 0E11 WC NEE SION PEEP 0 _ i IW/TE • lJ(PLAT s. aJ (�(us.ws mwm ui.14 441 IMP MC nrt u.«u„ 101 IA � D T w ` 2 t 27 (V)lau Tel / WI 0 0511 a la fi .,� : B NORTH! STAR SCHOOL TRACT wu��.�s.� \ H'OIARY ACKNOWLEDGMENT VINCINITY MAP oaa BLOCK 'I q sago Lc wil'm ouc•m mP 7013 q ST :591827 Sq. F..( .o LEfFbU 1.49d e �� a imwm wex000-um+nm.n.• +- FOUND 3.25 BRASS CAF v .n�evq arum___n?of mu ry. FOUND s Iu Invu CAP G sE'r 2 ALUMINUM CV �1e 9'Ivl foul"°1°) y WI EMS((„BOO INS w0 r w ...� „M uvti.0 90- _ ONEO DIMENSION J w N n'�95e' S(a�wu 1es , (RJ_ CORD OIM NSION E 3z�o T 5. E 2 (L)= CA 0 IMSNEIO. A IMI(c y _ C w N o?OS W C.=WITNESS CORNER 1I 4f- M_� µ9S9 ,S)E \I 32 (1 M`m+e6 TAT CERTIFICATE nu UTILITY /.ECA'NLI :m mS S.wry b 22 SLOT 2R-I I S' �+•� �� ww n.w.ww.rn_womoirmu m..o uxu 'BLOCK 9 CI ■ VTIUf POLE - Loo I 659.19 Sq. F,of - Oveanunn WIRER 1, "9.R Aerre �.�.. p • mrvinm ew KR - S'AKITANT SE RE MANHOLE _ _ PEAT APPROVAL WATERLINE ii ) n�xnmr.or..n IRNYD SA e.rc anon ru. a011f I 4 _ V ®arem mo mu F R. NT wurzn Ors rvvm // T/ JT, 777 _ -FUELTANK y/// fSCONF qy i> Cc > metro m.•..em:,..aa..mw.x m,a m.awo £S_� -[' BASIS OF BEARING-NORTH AMERICAN _ _ 1:0 �� nn_ DATUM 85 '� mil' .00u �suMwsamun BASS OF ROTATION-HOLDING 1 5 �' paP II I A T ,� Wa. '`tt °'°'"' CORNER OF LOT 2B BLOCK THE NORTHEAST S I I os Ia'i Ur 97666- )e I fl6 ... 99 a... ROTATING TO THE J.28'BRASS CAP A ml u I LOT 2E I LOT A r 1� '�f . roar, won..m�w ./ p LET u FOUND ALONG THE WESTERLY CORNER OF ' / A I 1 I 74F-wm LOT 1 BEOC<9. FY FINAL CHEVCK PLAT\ BLOCK > i `°T•` ""°" •'°°"'°" NOTES. - - I I. SUBJECT TO ALL CONDITIONS. SERVITUDES. EASEMENTS, COVENANTS, RESERVATION, RESTRICTIONS woo."1"114E4Nnwm LB',AND RIGHTS OF WAY OF RECORD. REFERENCE- MOM 2 im 2 EIA x u„ ALASKA 2. SUBJECT TO ALL COPY RIGHT LAWS. U5. SURVEY N0.l<D3, RECORDED IN THE KODIAK RECORDING DISTRICT, I .5 ST. DENNY SURVEYING INC. ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR PLAT NUMBER fiI-9.RECORDED IN THE KODIAK RECORDING DISTRICT — {{ ""1/7,O om_ncx lmxnl c Dismay OMISSIONS OF ANY KIND WHATSOEVER IN TERMS OF CONTENT SHOWN HEREON AND DISCLAIMS ALL PLAT NUMBER AT-N, RECORDED N THE KODIAK RECORDING DISTRICT. Soo-LI If_I .....r ul/9_OIPAL WARRANTIES AND/OR CONDITIONS IXPRESS OR IMPLIED, TO THE CONTENT INTO ANY MATTER RELATING TO THE INFORMATION SHOWN HEREON. PUT NUMBER 94-15.RECORDED IN THE KODIAK RECORDING DISTRICT. AY 4 ALL IMPROVEMENTS TO THE "NORTH STAR SCHOOL TRACT ARE NOT SHOWN ON THIS PLAT. PUT NUMBER 91-I8,RECORDED IN THE NORM RECORDING _G DISTRICT. Iron/n.r, ALASKA MR0 FM 5. THE INTENT OF THIS SURVEY 15 FOR THE ADDITION OF LANDS ID LOT 28-1. PUT NUMBER 91-4,RECORDED IN THE KODIAK RECORDING DISTRICT. So 0 0 9. Ill a AGENDA ITEM #13.C.4. Ilnl_n me last_n a Mall Line_ Mail_Line1 Mail City Mail_State Mail_Zip BERT am ASHLEY PO BOX 425 KODIAK AK 99615 PHILIP BECKER ETAL P060X 2163 KODIAK AK 99615 DOROTHEA BLAIR ETAL PO BOX 8822 KODIAK AK 99615 LEE BONDURANT PO BOX 8502 KODIAK AK 99615 BRYAN BOWER PO BOX 1373 EL GRANADA CA 94018 IOSE BRAVO 101 SORCERER CT ANCHORAGE AK 99518 CHARLES CASSIDY P.O.BOX 2411 KODIAK AK 99615 ANTHONY CHACO PO BOX 2956 KODIAK AK 99615 ROBERT CURRIE 546 LILLY DR KODIAK AK 99615 DANIEL DAVIS PO BOX 420 KODIAK AK 99615 TRAVIS DIEMER PO BOX 8993 KODIAK AK 99615 ENERGY PLUS HOMES,INC PO BOX 1066 KODIAK AK 99615 DAYNA FERGUSON PO BOX 8612 KODIAK AK 99615 FIELDS RENTALS PO BOX 25 KODIAK AK 99615 CATHERINE HAASE 568 E.BORDER RD BISBEE AZ 85603 PAUL HANSEN P.O.00X163 KODIAK AK 99615 ARNOLD HANSEN JR PO BOX 2876 KODIAK AK 99615 BRIAN HIMELBLOOM PO BOX 1866 KODIAK AK 99615 TODD HINER P.O.BOX 671 KODIAK AK 99615 ALLEN HOFLER CMR 479677 APO AE 09263 HOGAN CONSTRUCTION INC 3099 SPRUCE CAPE ROAD KODIAK AK 99619 ISLAND SAND&GRAVEL PO BOX 1193 KODIAK AK 99615 WELBY IENSEN PO BOX 808 KODIAK AK 99615 DAVID IENTRY PO BOX 3129 KODIAK AK 99615 KATHLEEN IORRITSMA 3430 AN IONE WAY KODIAK AK 99615 GARY NICHOL JR WILSON 874 MALLARD WAY KODIAK AK 99615 DANIEL KAVANAUGH 3260 PENINSULA DR KODIAK AK 99615 CYNTI IIA KILLPACK 205 DE ANZA BLVD B 144 SAN MATEO CA 94402 KODIAK ISLAND BOROUGH 710 MILT.BAY RV KODIAK AK 99615 LYNNAC LAWRENCE 126 INDIAN HEALTH WAY HARLEM MT 59526 DANIEL LEITHEAD 3439 ANTONE WAY KODIAK AK 99615 ANNE MALUTIN P.O.BOX 633 KODIAK AK 99615 CORT NEFF PO BOX 8392 KODIAK AK 99615 TRAVIS NELSON PO BOX 8075 KODIAK AK 99615 CRAIG OLSON ETAL P.O.BOX 32 KODIAK AK 99615 STEPHAN PAULSON 962 MALLARD WAY KODIAK AK 99615 KURT PEDERSEN PO BOX 2405 KODIAK AK 99615 JAMES PETERSON P.O.BOX 2290 KODIAK AK 99615 LISA ROBBINS PO BOX 2173 KIRKLAND WA 98083 PHILIP ROBBINS PO BOX 2173 KIRKLAND WA 98083 JOSEPH ROBINSON PO BOX 1861 KODIAK AK 99615 WILLIAM ROSS P.O.BOX 1661 KODIAK AK 99619 GRANT SHIELDS PO BOX 651 KODIAK AK 99615 CARL SHOLL 3761 SUNSET DR KODIAK AK 99615 JEFFREY T STEWART PO BOX 868 KODIAK AK 99615 NICHOLAS SZABO P.O.BOX 1633 KODIAK AK 99615 Case No.14-010 Public Comment Page 4 of 6 Page 236 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. DAVID URE P.O.BOX 2361 KODIAK AK 99615 LAWRENCE VAN DAELE 3401 ANTONE WAY KODIAK AK 99615 MATTHEW VAN DAELE 5TAL 3741 OTMELOI WAY KODIAK AK 99615 LAWRENCE&HILARY VAN DAELE FAMILY TRUST 3401 ANTONE WAY KODIAK AK 99615 DAVID WAGES 7122 SW 28TH AVE PORTLAND OR 97219 JAMES WALKER 8744 PAINE RD ANCHORAGE AK 99516 VALENE WILDE 3431 ANTONE WAY KODIAK AK 99615 MICHAEL WILLIAMS P.O.ROT 3257 KODIAK AK 99615 CLARK YATSIK 482511EARWATER WAY KODIAK AK 99615 BRYAN&THOMAS BOWER PO 8051373 EL GRANADA CA 94019 SERVICE AREA ONE DISTRICT ATTENTION:SCOTT ARNDT P090179 KODIAK AK 99615 Case No.14-010 Public Comment Page 5 of 5 Page 237 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. Sheila Smith From: Bower,Thomas A. <Thomas.sower @sfmta.com> Sent: Monday,December 02,2013 11:03 AM To: Sheila Smith Cc: bower.thomas @yahoo.com Subject: Public Hearing Notice Item 7-A To Whom It May Concern: I am writing to you concerning Public Hearing Item 7-A. My brother and I(Bryan Bower and Thomas Bower)are the owners of Lots 6&7. First of all,I am a hit disturbed about the short notice that is allowed to respond to this notice and other noitces that have been sent in the past My brother and I live in California and the notification was sent out a week before Thanksgiving when many people are on vacation.A response is requested by Decemer 02,2013.1 happend to get the mail on Sunday evening;however,I am quite disturbed that I barely have to time to respond. My biggest concern with this and other past notifications is that utility easements are being vacated,leaving Lots 6 &7 without access to roads or easements.I am requesting that utility easements not be vacated that will result in the devaluation of Lots 6&7. Regards, Thomas Bower (650)888-3551 Case No.14-010 Public Comment Page 6 of 6 Page 238 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. Kodiak Island Borough Planning &Zoning Commission Minutes Applicable to Case No. 14-010 January 15,2013 6:30 p.m,in the Assembly Chambers B) Case 14-010. Request a rezone of a ± 2,410 square foot portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One (KIBC 17.205). The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Officer. The location is 961 Mallard Way. The zoning is PL-Public Lands and RR1-Rural Residential One. Director Pederson reported this rezone follows the Comp Plan Amendments, and this is the 2410 sq.foot portion of the school tract that would be conveyed to Mr.Van Daele. COMMISSIONER ARNDT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of a±2,410 square foot portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-010. Close regular meeting&open public hearing: No public testimony. Close public hearing&open regular meeting: Brief discussion COMMISSIONER ARNDT MOVED to amend the Findings of Fact to include #8. The effective date is simultaneous with the recording of the final plat. FINDINGS OF FACT 1. This rezone follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. 2. For land to be conveyed to private ownership, PL zoning would not be appropriate. 3. A rezone to RR1 is consistent with the zoning of the surrounding residential areas. 4. This rezone should have no adverse effect on development trends or traffic in the surrounding area. 5. This rezone will prevent split lot zoning and allow the parcel to be utilized for its intended disposal purpose. 6. A rezone of a portion of Lot 1A, Block 6, Miller Point Subdivision to RR1-Rural Residential is consistent with the adopted comprehensive plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. 8. The effective date is simultaneous with the recording of the final plat. ROLL CALL VOTE ON AMENDMENT CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY 1/15/2014 P&Z Minutes Page 1 of 1 Page 239 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. q h Kodiak Island Borough A A r /� , Community Development Department f ,�,, ,., 710 Mill Bay Road• A �. , ,TM �y r Kodiak,Alaska 99615 s 7 ., y�y Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us January 22,2014 Mr.Larry Van Daele 3741 Antone Way Kodiak,AK 99615 Re: Case 14-010.Request a rezone of a±2,410 square foot portion of Lot 1A,Block 6,Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One(KIBC 17.205). Dear Mr.Van Daele: The Kodiak Island Borough Planning&Zoning Commission at their regular meeting on January 15, 2014 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055(Submission to assembly)of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly,the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070,by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 1. This rezone follows the decision of the KIB Assembly that this parcel is surplus to the needs of the Borough. Page 1 of 2 Page 240 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.C.4. 2. For land to be conveyed to private ownership, PL zoning would not be appropriate. 3. A rezone to RR1 is consistent with the zoning of the surrounding residential areas. 4. This rezone should have no adverse effect on development trends or traffic in the surrounding area. 5. This rezone will prevent split lot zoning and allow the parcel to be utilized for its intended disposal purpose. 6. A rezone of a portion of Lot 1A, Block 6, Miller Point Subdivision to RR1-Rural Residential is consistent with the adopted comprehensive plan. 7. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. 8. The effective date is simultaneous with the recording of the final plat. 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, Robert H. Pederson,AICP • Director,Community Development Department CC: Nova Javier,Borough Clerk Mr.Bob Scholze, Borough Resource Officer Planning&Zoning Commission • Page 2 of 2 Page 241 of 294 Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Porti... AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH }'' " .. AGENDA STATEMENT l Via:I'`f'' FEBRUARY 6, 2014 o at_, 4 Assembly Regular Meeting TITLE: State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Application for Noodles Restaurant. Licensee/Applicant: Crystal, Inc. ORIGINATOR: Jess Kilborn FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Clerk's office followed the procedure in KIBC 5.01.02 License renewal procedure which states: 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued non-objection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. After the Clerk's office routine investigation, it has been determined that the Borough has no interest in protesting the renewal. RECOMMMENDED MOTION: Move to voice non-protest to the State of Alaska Alcoholic Beverage Control Board for the liquor license renewal application to Noodles Restaurant. Licensee/Applicant: Crystal, Inc. Kodiak Island Borough Page 242 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. `-3 Kodiak Island Borough A � � Office of the Borough Clerk r—y 710 Mill Bay Road q` , p `� Kodiak,Alaska 99615 �k y 6 Phone(907)486-9310 Fax(907)486-9391 L MEMO TO: ud Cassidy,Borough Manager V" ill Roberts,Assessing Department/ "Bob Pederson,Community Development Department ,Bob Tucker,Engineering/Facilities Department/ /Karl Short,Finance Department Li" uilding Official/ ire Marshall✓ r FROM: Jessica Kllborn,CMC,Deputy CIerAllor DATE: January 16,2014 r SUBJECT: Liquor License Renewal—Annual Renewal—Noodles#5186 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of the following annual liquor license scheduled for renewal at the end of 2013.Please indicate whether or not the Borough,with regard to your department,has an interest which can protected by protesting the approval of the application for renewal. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the boards receipt of intent to approve the renewal of a liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Please return the form below to the dent's office by Friday,January 24,2014. Lic.# DBA License Type Location Licensee Protest Yes , No 5186 Noodles Restaurant/Eating 1247 Mill Bay Road Crystal,LLC Place-Public Kodiak,AK 99615 Convenience With regard to the Department,the Borough has NO interest,which can be protected by protesting the application for renewal(s). Signature: Date: 'it- With regard to the Department,the Borough HAS an interest which can be protected by protesting the approval of the application for renewal(s).Please identify the business and the interest(s)to be protected below: Signature: Date: Page 243 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. zH Kodiak Island Borough -- x _ Office of the Borough Clerk . F � 710 Mill Bay Road Q!7 Kodiak,Alaska 99615 Phone(907)486-9310 Fax(907)486-9391 l> MEMO T0: Bud Cassidy,Borough Manager Bill Roberts,Assessing Department Bob Pederson,Community Development Department RECEIVED Bob Tucker,Engineering/Facilities Department Karl Short,Finance Department Building Official JAN 23 2014 Fire Marshall Ole FROM: Jessica Kilburn,CMC,Deputy Ole Ole BOROUGH CLERK'S OFF KODIAK.ALASKA DATE: January 16,2014 SUBJECT: Liquor License Renewal—Annual Renewal—Noodles#5186 The Alaska Beverage Control(ABC) Board has notified the Kodiak Island Borough of the following annual liquor license scheduled for renewal at the end of 2013.Please indicate whether or not the Borough,with regard to your department,has an interest which can protected by protesting the approval of the application for renewal. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Please return the form below to the clerk's office by Friday,January 24,2014. Lic.p DBA License Type Location Licensee Protest Yes No 5186 Noodles Restaurant/Eating 1247 Mill Bay Road Crystal,LLC Place-Public Kodiak,AK 99615 Conveniece > With regard to the en Department,the Borough has NO interest,which can be protected by protesting the plication renewal(s). Signature: ' �- Date: r/1j(//‘ With regard to the Department,the Borough HAS an interest which can be protected by protesting the approval of the application for renewal(s).Please identify the business and the interestls)to be protected below: Signature: Date: Page 244 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. ,- Kodiak Island Borough �kef 12W Office of the Borough Clerk 710 Mill Bay Road Kodiak,Alaska 99615 :3170 'y — a4 Phone(907)486-9310 Fax(907)486-9391 MEMO TO: Bud Cassidy,Borough Manager Bill Roberts,Assessing Department Bob Pederson,Community Development Department RECEIVED Bob Tucker,Engineering/Facilities Department Karl Short,Finance Department Building Official JAN 1 6 2014 Fire Marshall AV FROM: Jessica Kilborn,CMC,Deputy Cler'p/ BOROUGH CxLER � DATE: January 16,2014 117 SUBJECT: Liquor License Renewal—Annual Renewal—Noodles#5186 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of the following annual liquor license scheduled for renewal at the end of 2013.Please indicate whether or not the Borough,with regard to your department.has an interest which can protected by protesting the approval of the application for renewal. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Please return the form below to the clerk's office by Friday,January 24,2014. ` Lie.# DBA License Type Location Licensee Protest Yes No 5186 Noodles Restaurant/Eating 1247 Mill Bay Road Crystal,LLC Place-Public Kodiak,AK 99615 Convenience With regard to the I C S7NA Department,the Borough has NO interest,which can be protected by protesting the ap, ..Q twal(s). �/ Signature: i / ,�_ Date: /��/7 With regard to the Department,the Borough HAS an interest which can be protected by protesting the approval of the application for renewat(s).Please identify the business and the interest(s)to be protected below: Signature: Date: Page 245 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. >` Kodiak Island Borough ' � a°°�� 4 Office of the Borough Clerk ,. ,;�y�„r g �� 710 Mill Bay Road 'Qt, . . V. Kodiak,Alaska 99615 Phone(907)486-9310 Fax(907)486-9391 MEMO TO: Bud Cassidy,Borough Manager Bill Roberts,Assessing Department Bob Pederson,Community Development Department RECEIVED Bob Tucker,Engineering/Facilities Department i Karl Short,Finance Department i Building Official JAN 2 2 2014 Fire Marshall r FROM: Jessica Kilborn,CMC,Deputy Cler,�$ BOROUGH CLERK'S OFTt Mr KODIAK,AIPSKA DATE: January 16,2014 it SUBJECT: Liquor License Renewal—Annual Renewal—Noodles#5186 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of the following annual liquor license scheduled for renewal at the end of 2013.Please indicate whether or not the Borough,with regard to your department,has an interest which can protected by protesting the approval of the application for renewal. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Please return the form below to the clerk's office by Friday,January 24,2014. Lic.# DBA License Type Location Licensee Protest _ Yes No 5186 Noodles Restaurant/Eating 1247 Mill Bay Road Crystal,LLC Place-Public Kodiak,AK 99615 Convenience It With regard to the _J. / .. aepartment,the Borough has NO interest,which can be protected by protesting the applical orr`- ewal(s). Signature: __ ,.( - _ Date: I/22/4- With regard lo the Department,the Borough HAS an interest which can be protected by protesting the approval of the application for renewal(s).Please identify the business and the interest(s)to be protected below: Signature: Date: Page 246 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. • Kodiak Island Borough # i,l'1 i,`V, Community Development Department 710 Mill Bay Road pr '�'; ��' Kodiak,Alaska 99615 •'-a •'• Phone(907)486-9363 Fax(907)486-9396 k.)..r www.kodiakak.us FIELD REVIEW CHECK LIST DATE 1/22/2014 STREET ADDRESS 1247 Mill Bay Road LEGAL DESCRIPTION Allman Addition Block 1 Lot 15A-1 /PID#R1060010151 OWNER Property:William M. Bacus/Tennant:Crystal, LLC(Noodles) License applicant:Crystal, LLC(Noodles) MAIL ADDRESS P.O. Box 8750,Kodiak,AK 99615 TELEPHONE No. (907)486-2900 PURPOSE OF Crystal,LLC(Noodles)Application for new Restaurant/Eating REVIEW Place Public Convenience Liquor License#5186 LOT SIZE 1.42 Acres ZONING B—Business Zoning District ACCESS Main Parking and Entrance fronts Mill Bay Rd. CURRENT USE Mixed tenancy-Retail/Medical offices/Restaurant DATE ESTABLISHED May 9,2011 BUILDING SIZE 10,000 sq.ft./3100 sq.ft.used by Noodles Restaurant "AS-BUILT"ON FILE? No OCCUPANT LOAD Unknown PARKING CALC 28(84 seats/3=27.66 rounded up to 28) PRK'G PLAN? Yes, 36 spaces available as per ZCP CZ-90-076 parking plan. Parking to front and rear SIGNAGE Zoning Compliant COMMENTS/NOTES No noted current zoning actions/violations of record. Property is currently being kept in a manner that is compliant with K.I.B.C.Title 17. Last review on file: 8/23/12 REVIEWER Neil B. Horn Page 1014 Page 247 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... cA v Er 0 D m CD CD ( I 0 0 o i (7 ZICQ/ZZR OVWJC OPLZeP1988VC ayI9aQ ev[2O1=�+��L+*�IdnrywaaR3irumn//:an4 I B ate .� 7;-/Ak , .e � t t,r r„ z.. 'yj''' --i faslr'I i iii co ° crwcxs.,, �j t/?w..a 1.4"F ° b� �q' J =: ;v4-.. 1 ::;444.4;W:',',1 r;{ cawsra ,^. p ray •14'1 i \tp 4 \>f j t, e5" . T�41 ' o y y 4 dil L1NJ:'r,J''.r t3 ' y) ran t ,'4iu, /;'c ' i� k.�t• co o p $q.'..4.'.--;,,t,Y r"T f�5t" ----q',. L•»s pa �k �_,i \" t ..uULU ��gy { OW • ITS n:o 4 L°�r4�' `Vge,.' AA.... i l� 4 `�/'�NfK i N F rp .non 1' V r r�/ t 1 c ( 4 m ), a 't 3 't--...,•44' bta` d � /t, .- `at .wi i /� m g7N'..nu,v / K t' Af r i �y} Q. ..6 ,y -q1 r •�yqr > ' Q. * %E(q cS'U �-.� �..,v3 G !•'� ,� } } yp-` \5'k4by, °r� i'C91 �y.+y i� O �w9 mun n' V c :_ , V$ „to. . s 'h�+'�y'�'c i t4 Al s �'-91 11 arr S, e 'N.":d}'tq V y� 1`f r+: '6l. / a, „:eC. .. �4 ( ,r 1 ' �� 1 S \. :4k," .. ",." -lt . fir --tiat\*.e,( "'3+ .J. b},G7 c irm Vii,sa' r� � u �� ( m • co 9'—I:.f Yr %'''f5u+i5Y�v' , L�"L?�L' ' .__. "� LiYh�P��"ff4R�in8iZ�sTi^t .gvo,colN)Sio rv�e.xl�ti,� CD ' 1]n(>Sed I A wriW aelNC363D�V CO n * m A - CO W 0 AGENDA ITEM #13.D.1. Anna 000 lO„Lan... 058248 Alaska Department of Commerce.CommhnIty,.ra economic Development pmm 14 CUWYMn.Wvex sJ.0Mnwl LOrm01 V o em wee.Nrcw.AAA,R011Owe rna em lmiry!Ai NOODLES P O.BOX 8150 KODIAK AK 99615 come Do CMSTAI,lLC o named by the W W nn.nd a coda GUro MOM p0114 Hander 19 2013 flow:M[w10et 31.2014 lot Pe lolowvp Ins of[mom T2.ALwr aofSg1 bN rml 5evue Ib Mn•Mae to uWv gmulm e•Minn.000.00..001 nw.gawp. .gar g..n an lsv LM.f Sae • Ter a o 660.2.nmcnnn M^•AA.anw00etr.01 M . %g connancon f: Page 3W< Page 249 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. 4t7t a xl i,,t7 3, . b 't` r •tai 0 +»C.: . -`-S„' ...' a *'o->rg wry yl Sc - f�e'e¢k,,» 3� ,.501f?yf2o ff l?.� t o f t` F 1 4 Parking lot at front of property 1 „I f .t $1a t .'`� 11� S � ., y V am . ,-.,,* i1 !T`—S&v'J' r. . c t.y.;'.: i , Vin w a x'V'd4 '.pL^ ;. xn; Z IY..r,Y�" j a, r. m p,4 7. may . Ea p r�` r a dOl.k'z litl .89, ",` a ,k sue• ` Additional parking to rear of property Page 4 of 4 Page 250 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. '0,k Kodiak Island Borough ar. *ai.f7. . Office of the Borough Clerk wH= � Kodiak, l Alaska 99 d ille,L c Kodiak,Alaska 99615 Phone(907)486-9310 Fax (907)486-9391 MEMO TO: Bud Cassidy,Borough Manager RECEIVED Bill Roberts,Assessing Department j 6 2014 JAN dgI Bob Pederson,Community Development Department •Bob Tucker,Engineering/Facilities Department Karl Short,Finance Department Building Official Fire Marshall BOROUGH CLERICS OFFICE KOOA(.ALASKA �� `'I FROM: Jessica Morn,CMC,Deputy Cler,�tl/ DATE: January 16,2014 V SUBJECT: Liquor License Renewal—Annual Renewal—Noodles#5186 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of the following annual liquor license scheduled for renewal at the end of 2013.Please indicate whether or not the Borough,with regard to your department,has an interest which can protected by protesting the approval of the application for renewal. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice Irom the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Please return the form below to the clerk's office by Friday.January 24,2014. Lic.# DBA License Type Location Licensee Protest Yes _ No 5166 Noodles Restaurant/Eating 1247 Mill Bay Road Crystal,LLC Place-Public Kodiak,AK 99615 Convenience . With regard to the Cu/FA'- Department,the Borough has NO interest,which can be protected by protesting the application for renewal(s). / • Signature: le I,.crO Date: //6//9 > With regard to the Department,the Borough HAS an interest which can be protected by protesting the approval of the application for renewal(s).Please identify the business and the interest(s)to be protected below: Signature: Date: Page 251 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. tl . .��y. Kodiak Island Borough 0. ''�`^' Office of the Borough Clerk 710 Mill Bay Road ^� a Kodiak,Alaska 99615 CEk Phone(907)486-9310 Fax(907)486-9391 MEMO TO: Bud Cassidy,Borough Manager Bill Roberts,Assessing Department RECEIVED Bob Pederson,Community Development Department Bob Tucker,Engineering/Facilities Department Karl Shan,Finahce Department Building Official V 2 3 2014 Fire Marshall FROM: ,, Kilbom, , Cler\Ilr =ORWGH CLERKS OFFICE KODIAK,ALASKA DATE: January 16,2014 / �l�u • SUBJECT: Liquor License Renewal—Annual Renewal—Noodles#5186 The Alaska Beverage Control(ABC) Board has notified the Kodiak Island Borough of the following annual liquor license scheduled for renewal at the end of 2013.Please indicate whether or not the Borough,with regard to your department,has an interest which can protected by protesting the approval of the application for renewal. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a liquor license: 1. The clerk shall investigate to determine it the borough has an interest which can be protected by protesting the approval of the application for renewal. Please return the form below to the clerk's office by Friday,January 24,2014. Lic.# DBA License Type Location Licensee Protest Yes No 5186 Noodles Restaurant/Eating 1247 Mill Bay Road Crystal,LLC Place-Public Kodiak,AK 99615 Convenience With regard to the Ft.'. re Department,the Borough has NO interest,which can be protected by protesting the application for renewal(s). Signature: Date: 1_23-QOfy With regard to the Department,the Borough HAS an interest which can be protected by protesting the approval of the application for renewal(s).Please identify the business and the interest(s)to be protected below: Signature: Date: Page 252 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. `- Kodiak Island Borough ar ��4, Office of the Borough Clerk ,r` ''e 710 Mill Bay Road 4.^' r Kodiak,Alaska 99615 LLk Phone(907)486-9310 Fax(907)486-9391 MEMO TO: Bud Cassidy,Borough Manager Bill Roberts,Assessing Department WSYTI 7M0011 Bob Pederson,Community Development Department aalaO 6.Nn31OHOr10n08 Bob Tucker,Engineering/Facilities Department Karl Short,Finance Department Building Official J12 [ Z NVP Fire FROM: JessicarKhborn,CMC,Deputy Clerilty OEA13D3 ��h DATE: January 16,2014 r SUBJECT: Liquor License Renewal—Annual Renewal—Noodles#5186 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of the(allowing annual liquor license scheduled for renewal at the end of 2013.Please indicate whether or not the Borough,with regard to your department,has an interest which can protected by protesting the approval of the application for renewal. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the boards receipt of intent to approve the renewal of a liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Please return the form below to the clerk's office by Friday,January 24,2014. Lie.# DBA License Type Location Licensee Protest Yes No 5186 Noodles Restaurant/Eating 1247 Mill Bay Road Crystal,LLC Place-Public Kodiak,AK 99615 Convenience s. With regard to the g i. /y9 Department,the Borough has NO interest,which can be protected by protesting the applicatio6(or renewal(s). Signature: I� a Date: //7/`l'r . With regard to the Department,the Borough HAS an interest which can be protected by protesting the approval of the application for renewal(s).Please identify the business and the interest(s)to be protected below: Signature: Dale: Page 253 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. Kodiak Island Borough b re�� ,-,: Office of the Borough Clerk y �'^ 710 Mill Bay Road thP ,,� -'*T,� Kodiak,Alaska 99615 Phone(907)486-9310 Fax (907)486-9391 MEMO TO: Bud Cassidy,Borough Manager Bill Roberts,Assessing Department RECEIVED Bob Pederson,Community Development Department Bob Tucker,Engineering/Facilities Department Karl Short,Finance Department JAI! 22 2014 Building Official Fire Marshall �r BOROUGH CLERKS OFFICE FROM: Jessica Kilham,CMC,Deputy Cler,�li/ KOGIN6 n1ASKA At DATE: January 16,2014 Pr MI gip r, SUBJECT: Liquor License Renewal-Annual Renewal-Noodles#5166 The Alaska Beverage Control (ABC) Board has notified the Kodiak Island Borough of the following annual liquor license scheduled for renewal at the end of 2013.Please indicate whether or not the Borough,with regard to your department,has an interest which can protected by protesting the approval of the application for renewal. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Please return the form below to the clerk's office by Friday,January 24,2014. T Lic.4 DBA License Type Location Licensee Protest Yes No 5166 Noodles RestauranUEating 1247 Mill Bay Road Crystal,LLC Place-Public Kodiak,AK 99615 Convenience - - >i With regard to the I4,�.tr-k- t lrs. Department,the Borough has NO interest,which can be protected by protesting the;•lication for renewal(s). Signature: tli� - F-I Date: 19—t 1,.a1'f . With regard to the Department,the Borough HAS an interest which can be protected by protesting the approval of the application for renewal(s).Please identify the business and the interest(s)to be protected below: Signature: Date: Page 254 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. 01/22/2014 11:29 9074868023 KODIAK POLICE DEPT PACE 02/02 01/16/2014 10:27 9874069391 KIB CLERKS PAGE 21 • sg "" Kodiak Island Borough Office of the Borough Clerk •&- 710 Mill Bay Road >fS� + , Kodiak,Alaska 99615 Phone 907)486 9310 Fax(907)486-9391 January 16,2014 RECEIVED City of Kodiak OD Dispatch 2160 Mill Bay Road SENT VIA FAX 4666023 JAN 22 2014 Kodak,AK 99615 Re:L uor License Renewal Application Noodles BOROUGH CLERKS 022 i• iQ App KOOIAK.AIABKA The Necks Beverage Control Board has notified the Kodiak Island Borough of a renewal of liquor license for License$:5166 Ucensee/Applicant Crystal,Inc. License type:Restaurant/Eating Place— Location:1247 Nall Bay Road,Kodiak,AK Pubic Convenience 99615 D.B.A.:Noodles Per KIBC 5.01.020(A2)License renewal procedure.Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of'Sent to approve the renewal of a liquor license, the dark shall check with the state troopers on the number of trouble reports at the place of business. Reese complete the Information below and fax your response to 406.9291 by Friday,January 24, 2014. ank ou, Ica Kllbom,CMC only Clerk _,�__,_•r- �� Liquor License Renewal Application for Needles 0 There were NO trouble reports for this place of business in the last twelve months. `(There were SalaidfdrouSe reports for this place of business in the last twelve monthe.-1401'what Please on premises,lack of off TAM cards,and/or any other calls hat required la under enforcement to Waft the establishment). • I'le• of tit: tganifffrargratinir • _ Wt Liuci {, i�.�Yf 1, Date: ! 2z- Zol • Signature: - •- Page 255 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. Jessica Kilborn From: Lambert,Christine C ICED)<christine.lambert@alaskagov> Sent: Tuesday,January 07,2014 10:14 AM To: Jessica Kilborn Subject: RE:Liquor License Renewal Applications Jessica, I agree with your assessment,Noodles is the only one left to approve for the Borough. Thanks,Chris Christine C. Lambert Records& (deeming Supervisor Alcoholic Beverage Control Board 2400 Viking Drive, Anchorage, AK 99501 269-0359 phone / 334-2285 fax l Christinclambertcalaska.gov From:Jessica Kilborn fmailto:lkllbons kodlakek.us] Sent:Monday,January 06,2014 10:55 AM To:Lambert,Christine C(CED) Subject:Liquor License Renewal Applications Hi Christine, Nova forwarded to me the letters that were provided to our office on December 26 regarding renewal applications(scanned copies attached). Licenses indicated on the letters provided were processed through the Assembly back in October,with the exception of Noodles 05166. At this time and according to my records,the license for Noodles should be the only one that needs to be processed at this time.Would you please confirm this for me and/or correct my understanding of these license renewals if I am mistaken? Thank you for your time, Jessica Jessica `ICiT6omr CMC Deputy Clerk Office of the Borough Clerk Kodiak Island Borough 710 Mill Bay Road,Room 102 Kodiak,AK 99615 15 907,486.9310 F:907.466.9391 jkilbon:nkadiakn k.us PUBLIC RECORDS LAW DISCLOSURE:This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Page 256 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. 'foci%% e THE STATE Department of Commerce, Community, r`r-=s-�'-‘r ',ALASKA_+ and Economic Development \LCOI IOLIC BEVERAGE CONTROL BOARD }ttttt �'' GOVERNOR SEAN PARNELL ge, sko9;ripe Anchorage,Aaska 99501 �� e.foln:9n�?d:.59CJ IDO:90):35.5+3] ra':90t.263 930 December 26,2013 Renewal Application Notice City of Kodiak Attn:-City Clerk VIA EMAIL: cterkn'.city.kodiak.ak.us cc:niaviera8kodiakak.us DBA Lie Type Lic# Owner Premise Address American Legion Post Club 57 318 Center Ave American Legion #17 Robert G Blair Post 417 Beverage Chart Room Dispensary- 600 236 Rezanof West Kodiak Inn Inc Tourism AS 04.11.400(d) _ Sizzler Burger Se Peking Restaurant/Eating 2611 116 W Rezanof Dr Book C.Yun Rest. Place Second Floor Restaurant Restaurant/Eating 3293 116 W Rezenof Sook C.Yun Place Drive Bernie's Beverage 4346 320 Center St Bernie V.Ballao Dispensary Restau rant/Eating Noodles Place-Public 5186 1247 Mill Bay Road Crystal,LLC Convenience We have received a renewal application for the above listed licenses within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed,the board will not approve the application unless it finds that the protest is"arbitrary,capricious and unreasonable". Instead, in accordance with AS 04.11.510(b),the board will notify the applicant that the application is denied for reasons Page 257 of 294 `State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.1. stated in the protest. The applicant is entitled to an informal conference with either the director or the board and,if not satisfied by the informal conference,is entitled to a formal hearing in accordance with AS 44.62.330- 44.62-630.IF THE APPLICANT REQUESTS A HEARING,THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a),the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b)municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a)are two separate and distinct subjects.Please bear that in mind in responding to this notice. AS 04.21.010(d),if applicable,requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above,please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant.For additional information please refer to 13 AAC 104.145,Local Governing Body Protest. Note:Applications applied for under AS 04.11.400(g), 13 AAC I04.335(a)(3).AS 04.11.090(e), and 13 AAC 104.660(e)must be approved by the governing body. Sincerely, SHIRLEY A.COTE Director /s/C-kriftjne C.Lambert Chrisdnc C.Lambert Licensing&Records SupeMsor Clmstinc.bnibennnlaska t.,nv Page 258 of 294 *State of Alaska Alcoholic Beverage Control Board Request fo... AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT ro +m r FEBRUARY 6, 2014 o Assembly Regular Meeting TITLE: *Amending a Motion Previously Adopted Confirming the Mayoral Appointment to the Solid Waste Advisory Board (Lenny Roberson). ORIGINATOR: Angela MacKenzie FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: On February 2, 2014, Mr. Roberson was appointed to a regular seat for a term to expire 2016 on the Solid Waste Advisory Board. Mr. Roberson expressed that he would like to be appointed to the Retail Business Representative seat to expire 2015. This amendment will correct his appointment and his term of appointment. RECOMMMENDED MOTION: Move to amend the motion made at the February 2, 2012 meeting to reflect that Mr. Lenny Roberson is appointed to the Retail Business Representative on the Solid Waste Advisory Board for two year terms to expire December 2015. Kodiak Island Borough Page 259 of 294 *Solid Waste Advisory Appointment of Mr. Lenny Roberson—Ame... CD a 0 Iv N (D > a HOW TO APPLY FOR A APPLICATION FOR APPOINTMENT TO BOARDS,COMMITTEES,AND COMMISSIONS O BOARD,COMMITTEE, Board/Committee/Commission: .50/1!)2 ui/Srx.ktStY/55141/2(SW/kV y OR COMMISSION Designated seat or group representation(it applicable): TA.L .t sriatrlsieidg_S6ranr. Fill out an application for each O Please he aware that the information given on your application is made available to the public,Staff 05. board/committee/commission you will require the use of a mailing address,email address,and contact phone number to provide board g are applying for. You may submit and meeting information. your application by email to Name: Leggy Ro6LQSCyv Daytime Phone: o clerks @ kodiakak.us, by fax to Residence Address: Evening Phone: "9.1„_ 7 E (907) 486-9391, or hand deliver it Mailing Address: dairy!. o Cell Phone: p0)-659-74]7 to the Borough Clerk's Office, 710 Email Address: Fax Number. m Mill Bay Road, Room 101, Kodiak, �' fl4/e o�a5�74.✓/B7 ✓ Length of Residence in Kodiak: Z7 y,L5 Registered to vote in Kodiak?Yes!'J No❑ AK 99615. Applications are also 'N/ Z7 available at www.kodiakak.us. Please provide one of the following:Date of Birth_e—ca l7Last 4 digits of SSW o Employer/Occupation: % — L x Q° "Q Qualifications to serve vary with the (D Organizations you belong to or participate in: c pn Ed board, but the most important ones 4 xisc(n ,e,-1.,:.� s �a>.;,.r o are having the time, interest, and USdA > willingness to serve. Time Explain your main reason for applying: /Q.c —rvr /Oir4fy coo`<ylo �}/ .P s�_�J B requirements can vary from three of R,—//5-c_ 1"--1,71._ r)un_ r...., ,,, r,r., f->, C/}c, is ro hours per month to 20 hours per .-• . ie _. r „ _ , " L - week. Some boards meet What background,experience,or expertise will you bring to the board/committee/commission membership? seasonally, quarterly, or when '^ '7 /_.,,,,._, L, 4---, - / needed. Please check with the C" Jl--.12— # t/ -fl9 ('7< --army /'a�err -. ��rn�� //1--Z� Clerk's office if there is a specific Are you available for regular meetings? �{7 Pursuant to KIBC 2.100.070(A.6f Other than by expiralbn of the members term,the assembly shall declar a seat vacant when a member misses three consecutively held board you are interested in to regular meetings and is not excused. determine if your schedule is Signature of Applicant: ,[ -7- Da .:osTE-mr,tr-. com atible with that of the board. A resume or letter of interest may bbe attached,but is not re uired.This nle±.',:!1PL!!l=- 1 p be aware that there may be an application deadline.App cation deadlines.application appli'able are available on the Bo ugh Y Note: in this document the term wobsilo at wweskodiakakus or in the Notice of Vacancy announcements advertised in the N Odiak Daily Mirror. ^ m "board" shall include any board, `,.� E_r_ i- ".,�.�;; ._. a r «rl)CQ-'2,,d' -" I`" V/ i,-TSTAFF USE'ONLYr r `:� � ' ,j.a:�) m up committee, commission, or council Registered ester of the Borough: Yes�N ❑ Appointment Lea t t s Z N Apdkanrs Residence:Borough U city Roster. OcCONNAWIU; _�I/ CJ O of the Borough. oath of Appointment: Oath or Otrce: _ n o Tern Expires re: APOC POFD Statement:Attached 00n File❑ Li NJ rrl CD CD W p N AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH • fir SOLID` WASTE ADUISORY'BOARD zotztoo NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Robert Baer 2014 486-8398 942-2237 942-2237 kodiakrobtolgmail corn 2847 Lakeview Dnve Kodiak,AK 99615 Lenny Roberson 2016 486-9444 654-7417 lenny(olalaska.net 3130 Spruce Cape Road Kodiak,AK 99615 Nick Szabo (Chair) 2015 486-3853 654-3853 herschel @gci net PO Box 1633 Kodiak,AK 99615 Vacant 2016 Vacant 2016 Construction Business Representative Scott Arndt(Vice Chair) 2015 481-3745 486-9745 414-791- s1a3745 @yahoo corn PO Box 76 481-3333 3745 Kodiak,AK 99615 (Fax) Retail Business Representative Vacant 2015 NON-VOTING EX-OFFICIOS 2014 Assembly Representative Tuck Bonney 539-2309 tuck.bonney@kibassembly.erg PO Box 2265 Kodiak,AK 995515 KIB Staff Representative Vacant U.S.C.G.Representative 487-5320 Frederick Miller x249 Frederick i.milleraeuscq mil Torn Logan,CWO(Alternate) 942-7562 Thomas m.looaneusca mil City of Kodiak Representative 486-8060 Mark Kozak 486-8066 mkozakcity kodiak ak.us 2410 Mill Bay Road (tax) Kodiak,AK 99615 This board is governed by Kodiak Island Borough Code 2.145 174: '"5 .rte. ' l r °. E!FO1RECTORte0Ei TUCKER 78-619343 btuckerr@ked3okak.us SECREE�TARY.JENNY CLAY 466-9343 1cLY@kodakak_us. t'J Yiti 3x' 'EN NEERING 8 FACILITIES BP OARTMENT - 71OMU1DAYRCAO ROOM 224 „tlR1A�AK:99615 Revision Date:1/32014 Revised by:AM Page 261 of 294 *Solid Waste Advisory Appointment of Mr. Lenny Roberson—Ame... AGENDA ITEM #13.D.2. Angela MacKenzie From: Nova Javier Sent: Monday,January 13,2014 2:19 PM To: herschel @gci.net Subject: Lenny Roberson's Appt. Fli Nick, I will put a placeholder for this on the regular meeting of February 6,2014.We will amend the motion previously adopted to state that Lenny is appointed as the Retail Business Representative on the SWAB for two year terms to expire December 2015. Note:the Retail Business Rep seat is to expire December 2015 which makes the term two years instead of three years. Thank you, Nova Ms.Nova M.Javier,MMC Borough Clerk 710 Mill Bay Road Kodiak,AK 99615 PUBLIC RECORDS DISCLOSURE:This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Page 262 of 294 `Solid Waste Advisory Appointment of Mr. Lenny Roberson—Ame... AGENDA ITEM #13.D.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT ej.-ya itisiti .=f Assembly Regular Meeting February 6, 2014 ITEM NO: TITLE: Confirmation of Assembly Appointment to the Board of Equalization ORIGINATOR: Nova Javier FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: APPROVAL FOR AGENDA: SUMMARY STATEMENT: On January 9, 2014, Ms. Carrie Morton submitted an application to the vacant seat on the Board of Equalization to expire December 2016. KIBC 3.35.050 Board of equalization. A. Membership, Qualification, Duties, Terms. 1. Members. The board of equalization shall be composed of five persons, not assembly members, appointed by the assembly. 2. Alternate Members. The assembly shall appoint alternate members. The alternate members shall be named by the assembly, as the need arises, to serve as board members during the absence or disability of regular members. 3. Qualifications. Members and alternate members should be appointed on the basis of their expertise in real and personal property appraisal, the real estate market, the personal property market, and other fields related to their functions as board members. 4. Duties. The board may determine equalizations on properties brought before the board of appellants. 5. Term of Office. Upon confirmation, members and alternate members shall serve for three years or until their successors are appointed and confirmed. Of the member initially appointed, two shall serve three-year terms, two shall serve two-year terms, and one shall serve a one-year term. RECOMMMENDED MOTION: Move to confirm the Assembly appointment of Ms. Carrie Morton to the Board of Equalization for a term to expire December 2016. Kodiak Island Borough Page 263 of 294 *Confirmation of Assembly Appointment to the Board of Equali... AGENDA ITEM #13.D.3. • Angela MacKenzie From: noreply @civicplus.com Sent: Thursday,January 09,2014 4:50 PM To: Clerks Subject: Online Form Submittal:Board Application Form The following form was submitted via your website:Board Application Form Select the Board,Commission,or Committee applying for:Board of Equalization Designated seat or group representation(if applicable):: Full Name:Carrie A.Morton Residence Address:3434 Spruce Cape Road Mailing Address:P.O.Box 2601 Email Address(This address will be used for correspondence):mortoncfdresidentialmtg.com Home Phone Number(numeric only):9074868877 Work Number(numeric only):9074811044 Cell or Fax Number(numeric only):9075391235 Employer/Occupation:Residential Mortgage,LLC Please provide ONE of the following:Date of Birth or Last 4 digits of SSW:2678 Length of residency in Kodiak:25 years Registered to vote in Kodiak?:Yes Length of Residence in Service Area: Are you currently serving on other Boards,Commissions,or Committees?:Yes If yes,which:Lions Club and Senior Citizens Endowment Organizations you belong to or participate in:Lions Club Elks Explain your main reason for applying:My most recent term expired and I really enjoyed my time serving on the BOE. What background,experience,or expertise will you bring to the board/committee/commission membership?:23 Years mortgage lending in Kodiak. Are you available for regular meetings?:Yes Page 264 of 294 *Confirmation of Assembly Appointment to the Board of Equali... AGENDA ITEM #13.D.3. FOR CLERKS OFFICE STAFF ONLY: • Registered Voter of the Borough: V N • Applicant's Residence:Borough City Date of Appointment: Term Expires On: Appointment Letter: Roster: Oath of Office: • APOC POND Statement:N/A Attached On File_ Additional Information: Form submitted on:1/9/2014 4:50:15 PM Submitted from IP Address:65.74.80.26 Referrer Page:No Referrer-Direct Link Form Address:http://www.kodiakak.us/Forms.aspx?FID=72 z Page 265 of 294 *Confirmation of Assembly Appointment to the Board of Equali... AGENDA ITEM #13.D.3. KODIAK ISLAND BOROUGH CITIZENS BOARD OF EQUALIZATION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Mark Anderson 2015 486-3377 486-7950 manderson @fnbalaska.com 1124 Stellar Way Kodiak,AK 99615 Ed Mahoney 2015 486-1968 539-1234 539-1234 builders@ptialaska.net 3944 Spruce Cape Road Kodiak,AK 99615 Cheryl McNeil(Alternate) 2016 486-8415 486-3100 mcneilmomonyahoo.com 2147 Three Sisters Way Kodiak,AK 99615 John Parker 2014 486-3084 486-3084 tovboxoci.net PO Box 191 Kodiak,AK 99615 Dan Rohrer 2014 486-0977 486-4949 539-5836 drohrer@kodiakak.net PO Box 786 Kodiak,AK 99615 Vacant 2016 KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 STAFF: • ASSESSOR,BILL ROBERTS • 486-9350 broberts(aModiakak.us BOROUGH CLERK,NOVA M.JAVIER 486-9310 r av at- kodiakak us ASSESSING DEPARTMENT OFFICE OF THE BOROUGH CLERK Z10 MILL BAY ROAD 710 MILL BAY ROAD ROOM ROOM101 KODIAK,AK 99615 - KODIAK,AK 99615 Revision Date:1/3/2014 Revised by:AM Page 266 of 294 `Confirmation of Assembly Appointment to the Board of Equali... AGENDA ITEM #13.D.4. KODIAK ISLAND BOROUGH AGENDA STATEMENT m FEBRUARY 6, 2014 Assembly Regular Meeting TITLE: Confirmation of the Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council (Scott Smiley). ORIGINATOR: Angela MacKenzie FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Cook Inlet Regional Citizens Advisory Council (RCAC) is a council formed in late 1990 as a non-profit corporation. Its mission is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet. It consists of special interest groups and municipality seats which includes the Kodiak Island Borough. Mr. Scott Smiley was appointed to fill an unexpired term on the Cook Inlet RCAC. The Clerk's Office contacted Mr. Smiley who indicated his interest to continue serving on the council. This is for a three year term to expire in March 2017. Mayor Friend requested the confirmation of his appointment of Mr. Scott Smiley. RECOMMMENDED MOTION: Move to confirm the mayoral appointment of Mr. Scott Smiley to The Cook Inlet Regional Citizens Advisory Council for a three year term to expire March 2017. Kodiak Island Borough Page 267 of 294 *Confirmation of the Mayoral Appointment to the Cook Inlet R... AGENDA ITEM #13.D.4. /k> - e .• it*'..„-- i.�..� ra t „ - r ,rL-Z▪p 0s%,:'`The mission of the Counctl.is to represents the citizerss,ofkCook Inlet in promoting environmentally safe � 1ts3 f i murme rrartspormhon and o(I fa iy oper�ionr in Willi 4,. r, i R`1Crj'A4Cs . 9. yY 's .. '7„.5e7"-"7>.111;1f 7 i fir_ ',- r.> '! 'J ' .. • :.• r w : rF i,�'Mernber� i " I Alasks Stare ;` ,ID mb - t 3 y 't"• i;. I'Chawher f .1Decemberyl8"2. ,. . t s "„ ?s x Cenerrey, JI f Y, a a .7— end.. x n i} e . .1.71.,• 'The Hon"o.. -r' �Jerrgll Fnend"M ayo 4 $ , x z i .i ',�K diak slsIIandBorougfi'•.! ''. *.. ` r: ' ' - '.! �' Abska Nanve 17�lOSMIIIBsyRoad � .; � i.1 s r � z v... i° w �* _�• s a`,aeaov .; t i 'a.)Kod k AK'996 Sia u..:: i.1, �. " r . f 4 .-. 1 4-;,;-.. r , y I t IMay6JFrlendj ' .. .� l e Envl.onmenmr y t'n Groupr ) 'ix (RCAC zees- } f., r' . .•`a ) hejcoolt tole[Reg onat Cihzens Advisory Councih(tst- is a citizens7overszy_. , i' „. > �{counci�r ofi operanoons in"the Cook lnlet ra ea orga ize'd`unde`r provisions in the, ` ' i L Rerrntlanai Y'*i&i1 Pollutes o yAet ofd9(OPAA90 jThe Cou en Il's mis is on i o re resent tth 'fr `a ., ,.GroupsI 1 a.,-r"-cr---- 0-tcz;'..GY ) -,,.fir _in-'zi"Cr3.'�.....o-t -a C w.- i , -ci/citizens of I promoting environmentally sateeymarine transportationand ., ; A4aaruh rou. j ft '.'oil facility ope rattonsin,Cookllele_t.� 'r - 4 „ :;, . 'r t ( fAssonalbnr .t 1. r- TheCouz il/Mrmedlinyateep19 as'aamnon,profi[c`o=rporattiioontco si^ts,00_13?'r --,.‘t,,,,,A-.i 1. . f ),Dir s-a_ S ntedtreiect d�hysta.hoT a groups -rspelle orr .-. P3A'A0 Fishing i. inciudi es m cip�l and�borougl seats i isre ors are�lectedyor appomted;CO�yfear 2. i � .---2—.at unr-: ▪ .7"„C.,-,ft on`''W-7'hn..al=Zts..The,te3rm_or e1Kodiau l .1.`1"-t ,}sough seat aspires in xir., i '� 1 `= *..April of2014;it is currentlysoccupied hy,e1r Scott Smley,r y "" j""-(q ofswrk 1 . `A.}Mayoir?FnehiWeur participatioi1Th thiss appointment process`s'Imi portanftous! i � � j -'ir1==e.sub_mist=toouri'.51• .byjJa�nuaryi. ''2014 wntte"i'nno[iFr1 .1iMs'' rre " :"'r' ' 1 , `appointmentof,MrrYSmiley�for fullltthrrreeyear,term or the name of his, . . j !,A}Cl'+.rfgenili I , reppllame n Ve would also encourageyoutoappormtai n?AITeat D eri� ectotass `i ; provided foranour'B\ws ' ,"'a' y' „tCny,fs• '"aleo 's j ▪ , }�IEyouiha ev any questians ant-About o nl�et RCAC oath ppoi eat proses e ., t m zt i t a please eel frpto contacRme at 907 2 13j7222 or 7errvrombachlicirrar nri_\We .t• , . Lokfor' T'F_W" fo i n5ith a � ..Y City fHa. F= { Nook forluvard to,_hearing,fromyou mthe very near;futur, .-, , r `. i .s r `n j 3 {Sincerelyi t s +'r a - '• xNodbkida dx I I j ` "-_'L-..y/r l/a' . + z+ • -I "-7Bo ughy a I s, [/SHAG ?Ul � '. e f • 5s nt. •t I "s r t I∎ ~GGrertree[ ryofAdmimstrabo`n „ c r , t 4 r a': . +v -lianas Pentailat .- _.4,. - : d .t .q t. it ,� 4t Boroughs.' , lSFOttsrnile_y( : :i r [ r x t J.. unidpvbyl. �i 4 3 3 t t t r.to/A rhm-11,11 ♦ S - .r '1 • h vii •, `tr •. i r, �� ,.t, 'i r i Cook lnl„ tt Regional ozens Advisory Coun_a1,8195Ke• Spur H [Kenai: Pl.', 9h11.8o33j n I - C �• Pione (907)28i=7i22s oz(907)2834)02F 3` gqh a Page 268 of 294 *Confirmation of the Mayoral Appointment to the Cook Inlet R... AGENDA ITEM #13.D.5. KODIAK ISLAND BOROUGH AGENDA STATEMENT •,l.^s• FEBRUARY 6, 2014 0 :;1110111444 Assembly Regular Meeting TITLE: Assembly Direction to the Treasurer/Finance Director to Prepare the 2013 Roll of Real Properties Subject to Foreclosure. ORIGINATOR: Dora Cross FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Per KIBC 3.35.160 Preparation of the foreclosure list. When the assembly elects to proceed under the Alaska Statutes to enforce the lien of taxes against real property, the treasurer shall, within such time as the assembly directs, make up a roll in duplicate of all real property subject to foreclosure. The rolls shall show the name of each person appearing on the latest tax roll as the owner of tax-delinquent property, a description of each property as it appears on the latest tax roll, the year or years for which the taxes are delinquent, the amount of delinquent taxes for each year and penalty and interest thereon accruing the day six months after the day of delinquency of taxes of the latest year. The treasurer shall endorse on the roll a certificate under his hand and the corporate seal that it is a true and correct roll of the delinquent taxes of the borough for the years shown. The roll shall be known as the foreclosure list of the borough for the year in which it is made up, and the original of it shall be filed with the clerk and remain open to inspection by the public. RECOMMMENDED MOTION: Move to direct the Finance Director to prepare a roll of real property subject to foreclosure and make said roll available for public inspection. Kodiak Island Borough Page 269 of 294 `Assembly Direction to the Treasurer/Finance Director to Pre... AGENDA ITEM #13.D.5. KODIAK ISLAND BOROUGH FY2014 I TY2013 Property Tax Foreclosure Timeline Who Item Done Code No: Finance Treasurer prepares and presents to Assembly Agenda Statement requesting Assembly directive to prepare a Foreclosure List(with a 3.35.160 preliminary process timeline). Proposed Presentation Date:January 30,2014(work session:intro) February 6,2014(reg mtg:approval) Finance At directive from Assembly,Treasurer will prepare and certify a list of all real property subject to foreclosure and publish an'Open to Inspection' notice in the newspaper naming the Foreclosure List as complete and 3.35.160 open for public inspection at the office of the Clerk,along with a specified date(no sooner than 30 days after the last date of publication of the 3.35.170 notice)that the Foreclosure List will be presented to the Superior Court for a judgment and order. Proposed Publication dates. February 07,2014 February 14,2014 February 21,2014 February 28,2014 Date to be speafied in Notice of filing Petition with Superior. March 31.2014.(earliest date) Finance After directive from Assembly,Treasurer will prepare roll list of all real property subject to foreclosure. Treasurer will prepare Agenda 3.35.170 Statement for Assembly and present the foreclosure list,for Assembly 3.35.210 directive to publish the updated Foreclosure List in the newspaper after 30 day public inspection window is complete. Proposed Presentation Date. February 13,2014(work session:intro) February 20,2014(reg mtg:approval) Attorney On the day designated in the Notice published(under 3.35.170),a Filed with the certified copy of the Foreclosure List together with a Petition for court: 3.35.180 Judgment of Foreclosure shall be presented to the Superior Court. Proposed Date: by April 4,2014 Petition 3.35.230 Dated: Finance/ Notice of the foreclosure proceedings and filing of Petition for Judgment Attorney with the Superior Court shall be given by four(4)weekly publications in the official newspaper designated by the Assembly. 3.35.180 Proposed Publication Dates' Week 1 April 04,2014 A.S. Week 2 April 11,2014 29.45.330(a) Week 3 April 18,2014 (2) Week4 April 25,2014 Finance The Treasurer shall,within 10 days after the first date of publication in Mailed: the newspaper(i.e., 10 days after April 4,2014 or by April 14,2014)mail 3.35.180 to each person to whom a tract is assessed,at his last known address,a notice describing the property and the amount due as stated in the Petition for Judgment. Proposed Date' by April 14,2014 Page 11 Page 270 of 294 *Assembly Direction to the Treasurer/Finance Director to Pre... AGENDA ITEM #13.D.5. Who - . • Item Done Code•No. Finance Treasurer shall send written notice by registered mail to any lien holder who has made a request for notice of a foreclosure list. 3.35.200 Proposed Date: by April 14,2014 Attorney Any person having an interest in a lot on the Foreclosure List may file an answer within 30 days after the date of last publication. 3.35.230 Proposed Last date to file Objections. May 27,2014 A.S. (30 days from April 25'"s last date of publication). 29.45.370 Attorney Application for Default Judgment is filed with the Superior Court,along Done. with an Affidavit of Mailing and Publication(by Treasurer)certifying to 3.35.230 mailing Notices of Foreclosure to property owners and Proof of Publication,attaching publication affidavits from newspaper). Also prepare and file a proposed Order and Judgment for the Court's signature. Proposed Date: May 29,2014 Court The Superior Court shall enter Judgment of Foreclosure AS Estimated Date: June 30, 2014 29.45.380 BEGINNING OF ONE-YEAR REDEMPTION PERIOD Date: Begins from date of Court's Entry of Judgment (Estimated Date of June 30,2014) Page 12 Page 271 of 294 *Assembly Direction to the Treasurer/Finance Director to Pre... AGENDA ITEM #17.A.1. FIRE PROTECTION DISTRICT NO.1 BOAZD REGULAR MEETING RECEIVED November 13,2013 6:05 p.m. BAYSIDE FIRE HALL JAN 2 3 2013 1.CALL TO ORDER � /f CHAIR N. NELSON called the special meeting to order at 6:06 PM BOROUGH CLBpcs DFFR .�([�i KODIAK,ALASKA �//`Y'./7i�t 1 2. ROLL CALL / Board Members present were Chair Rebecca Nelson,Board Members Richard Carstens,Andrew DeVries, Vice Chair Jim Pickett and Kiela Pickett. Also present was Engineering and Facilities Project Manager Matt Gandel and Secretary Jenny Clay. Audience members present were City of Kodiak Building Inspector, Doug Mathers and Bayside Fire Department EMT, Douglas Payelle. Ex-Officio member Bob Himes was absent. 3.ACCEPTANCE/APPROVAL OF AGENDA J. PICKETT moved to accept and approve the agenda for November 13, 2013. Board discussion ensued. DeVries asked why there was no work session on the Generator Project. Chair Nelson responded that there was discussion in previous meetings and with new information received, the board can move forward with the project. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4.ACKNOWLEDGEMENT RECEIPT OF FINANCIAL REPORT CARSTENS moved to Acknowledge Receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5.APPROVAL OF MINUTES CARSTENS moved to approve the meeting minutes of October 8, 2013. Chair Nelson mentioned she had to cut items from the agenda but will address them in the Chair's Report. Carstens noted that in the Chief's report the Chief's Pickup was repaired for $3,095,not$300 as stated, Secretary Clay will amend the minutes to reflect the change. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6.VISITORS COMMENTS None. Fire Protection Area No. 1 Board Special Meeting November 13,2013 Page 1 of 4 Page 272 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. 7. CHIEF'S REPORT None 8. CHAIR REPORT Chair Nelson reported that the board completed the fence project as it was installed. The goal of removing the dumpsters will continue. Carstens mentioned that the dumpsters needed to be moved back towards the fence. Members of the board had requested two items be added to tonight's agenda, the Volunteer Retention and Recruitment Ideas and the Recruitment of Fire Chief Himes Retiring 12/31/14. The items were taken off the agenda with the idea of putting them back on after the holidays in a work session. Chief Himes e-mailed that there was illegal activity among the board and he would not be attending the meeting. Three of the members of the Fire Protection Board are also volunteer Fire Fighters. If business was discussed together it could be construed as an impromptu meeting without legal process per code. Chair Nelson will investigate the conflict of interest with the manager's office. Carstens reminded the Board that Chief Himes had stated in his report at the last meeting to recommend the board to invite the Borough manager and HR Director to a work session to discuss the replacement of his position. J. Pickett suggested the subject of the Chief Retirement be postponed until next year when the time was closer to the Chief's departure. Carstens stated that the board was trying to be proactive knowing the chief was leaving.There was no ill intent. Doug Mathers commented if three board members who are also officers cannot have a meeting that would he a problem. Chair Nelson mentioned in the future she would like to see the board go to the experts when pricing projects. 9.STAFF REPORT Gandel stated that he was present to answer questions regarding the Generator Project. Secretary Clay asked the board to go through the Chair when scheduling agenda items. 10.ACTION ITEMS A. Generator Project Funding CARSTENS motioned to move Generator Project forward to the next step and hire an Engineer for the Design &Specifications. Board discussed the high price of the Engineers Estimate for the Generator Project funding. Gandel stated that staff captured the entire projects cost including staff time, engineer, architect, and the generator including electrical, shipping, ventilation, labor. Mathers discussed the particulars of the generator and the bidding process with the board. Chair Nelson discussed moving of money from the FY2014 Budget to the project account. ROLL CALL VOTE ON MOTION TO MOVE GENERATOR PROJECT TO THE NEXT STEP AND HIRE AN ENGINEER CARRIED 4 TO I. Fire Protection Area No. I Board Special Meeting November 13,2013 Page 2 of 4 Page 273 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. B.Schedule Officer Elections CARSTENS opened nominations for Chair. Carstens nominated Rebecca Nelson. THE BOARD VOTED UNANIMOUSLY IN FAVOR OF REBECCA NELSON AS CHAIR. Carstens closed the nomination. Rebecca Nelson accepted the Chair position. CHAIR NELSON opened nominations for Vice Chair.Carstens nominated Jim Pickett. THE BOARD VOTED UNANIMOUSLY IN FAVOR OF JIM PICKETT AS VICE CHAIR. Carstens closed the nomination.Jim Pickett accepted the nomination. 11.Public Comments Mathers — Was very happy the Bayside Fire Training Center's name was changed to the Earl Smith Jr. Memorial Fire Training Center. Payelle — Would like the board to invite Kodiak Island Borough Human Resources to a Work session. 12.BOARD COMMENTS R. Carstens — Reluctantly agreed to move forward with the Generator Project. When the Grant was written everything including the generator should have been taken into consideration. Wanted to mention that he was in support of Doug Payelle whom has paid his dues as a volunteer and EMS and was not selected for training. K. Pickett—None A. DeVries — Thanked everyone for coming to the meeting. This was the third time he had requested a work session on Volunteer Retention and Recruitment Ideas. It saddens him that there was a call recently and only I officer and I Medical went on the call. He really appreciates Bob Himes for all he does. He supported his negative vote on the Generator Project as there was not enough information. He would like meetings to follow Robert Rules. He wanted to talk about Bob Himes position. He would like to invite Dave Conrad to a meeting to talk about consolidation of Fire Service Areas. The board should follow through with items that need attention including training and repairs of the Bayside Fire Department. He was also happy with the name change of the training center. J. Pickett — Thanked visitors for being at the meeting. There would always be room for improvement. Our Fire Chief has done a great job. He would love to see him at the meeting. Thank you to Doug Payelle on his volunteering. Glad to see the fence going up. He has been wrapping up fire prevention with the schools. Fire Protection Area No. I Board Special Meeting November 13,2013 Page 3 of 4 Page 274 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. R. Nelson— Has been frustrated on the way the board was handling projects and not getting the bottom line of the project before proceeding. She was supporting RSA handling the engineering of the Generator Project. She will continue to investigate the dumpster issue. The plan was to have a work session on Volunteer and Recruitment and the Recruitment of Fire Chief at the next meeting. Shc appreciates everything the board does. 13.NEXT MEETING SCHEDULE The next work session followed by a regular meeting scheduled on January 21,2014 at 6:05 P.M 14.ADJOURNMENT J. PICKETT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 7:15 p.m. //S��UBMITTED BY: t iAA, Date: I 2014- ] ny Clay, and Seer KIB Engineering/Facilities Department APPROVED BY: Date: V nta ry . ii a041-1 Chair Rebecca Nelson Fire Protection Area No. I Board Fire Protection Area No. 1 Board Special Meeting November 13,2013 Page 4 of 4 Page 275 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. RECEIVED KODIAK ISLAND BOROUGH PLANNING&ZONING COMMISSION JAN 2 3 2013 MINUTES • November 20,2013 6:30 .in t e •• CALL TO ORDER CHAIR TORRES called to order the November 20, 2013 regular meeting of the Planning and Zoning Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance • ROLL CALL Requested to be excused was Scott Arndt. Commissioners present were Alan Torres,Alan Schmitt,Kathy Drabek,Jennifer Rich creek,and Maria Painter.Excused was Scott Arndt A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Scott Arndt. VOICE VOTE ON MOTION CARRRIED UNANIMOUSLY Community Development Department staff present was Director Pederson and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the November 20,2013 Planning&Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER RICHCREEK requested her name be corrected.Smith stated she made the correction on the copy to be signed. COMMISSIONER SCHMITT MOVED to approve the October 16, 2013 Planning.&Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS None PUBLIC HEARINGS A) Case 14-009. Request a Land Disposal Review, pursuant to KIBC 18.20.030, to consider disposal of a 1.51 acre portion of the City of Port Lions School Reserve,portion of Block 16,Port Lions Subdivision,1st Addition(KIBC 18.20.100 B,disposal for less than fair market value).The applicant is the Native Village of Port Lions.The location is 2008 Airport Road,Port Lions,and the zoning is PL-Public Use Lands. Director Pederson reported in the updated packet is a new zoning map that eliminated the red line that gave the impression about where the extent of the Public Use Lands are,and then next page was labeled to show the portion where the school reserve is and approximate disposal request area. There's a revised resolution that has Section 6, a new clause regarding the deed that Bob Scholze, Borough Resource Officer drafted. 11/20/2013 Page of P&Z Minutes Page 276 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. Bob Scholze, Borough Resource Officer stated that Section 5 was also additional recommended condition of approval that's fairly standard. In response to COMMISSIONER PAINTER'S question of does this disposal include the sub-surface estate, the lands below the surface? Director Pederson replied he believes it would, it would be conveying the land, he doesn't know if we can convey it in fee simple subject to any easements that may be there.He doesn't know if we do it by statutory deed and referred to Scholze. In response to COMMISSIONER PAINTER'S inquiry and stated the Bureau of Land Management initially separated them;they did a surface and then a sub-surface by two different documents and she requested clarification on whether the borough is doing both. Scholze replied yes, that's his understanding but he hasn't looked at that aspect.Usually separation like that is a native corporation lands but this would include both. In response to COMMISSIONER DRABEK'S question of what is market value and what is less than market value,and she requested the numbers?Director Pederson said he doesn't have numbers;there hasn't been an appraisal done because the land is currently tax exempt. Fair market value is the amount the willing seller or buyer would pay in a neutral transaction and if there's a disposal for other than this then there's an appraisal done and they determine what that value is. Pederson gave background on the Majdic land disposal.COMMISSIONER DRABEI(stated that was at fair market value, Pederson stated Title 18 provides that disposals to non-profits and other type groups that are doing a public purpose can be at less than fair market value which means In this case at no cost other than the cost of the application,survey,rezone and the cost associated with the transaction. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No.FY2014- 04 recommending a disposal of a 1.51 acre portion of the City of Port Lions School Reserve,portion of Block 16, Port Lions Subdivision, 1st Addition, for less than fair market value, subject to two Conditions of Approval, and to adopt those Findings of Fact as presented in the staff report dated November 8,2013,as Findings of Fact for Case No.14-009. Close regular meeting&open public hearing.Public testimony was given by: Bob Scholze, Borough Resource Management Officer, stated in addition to the two conditions of approval which were incorporated into the new resolution he wanted to point out he had a conversation and sought clarification from the Native Village or Port Lions regarding a couple of their uses they described and that was contained in Scholze'staff report dated November 18t and attached was the letter of explanation from the Tribal Administrator of the native village.We wanted to make sure the uses were public uses, they appear to be which they reiterated they have a determination from the Internal Revenue Service Department of Treasury;they are a tribe under Section 7871.They are recognized similarly to State Government and to serve the public so the uses associated do serve the public then you can qualify for less than fair market value,and in this case there was no appraisal and didn't need one but the land is zoned Public Use. The value of the land would be minimal compared to Business zoning. Close public hearing&open regular meeting: Discussion of the patent from the State of Alaska received at the work session but not in the packet;it was a memorandum from the State of Alaska in April 2006 that talked about the parcel but the 2nd page of the patent talks about when the State of Alaska gets titled directly from the Federal Government and then conveys it out Basically,the State holds onto whatever is under the surface that may have value.No one last week disputed that Native Village of Port Lions is serving a public need but in the packet on page 5 of 12 of their application there was a litany of things they are doing there now that serves the public.The commission's concern is no one knows what the future may bring and what may happen to the Native Village of Port Lions as an entity and to make sure the public continues to be served,and if not the land needs to come back to the borough and potentially be conveyed to another entity that would serve the public or the borough itself. 11/20/2013 Page 2 of 6 P&Z Minutes Page 277 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. COMMISSIONER PAINTER MOVED TO AMEND the pending motion by striking out "for other non- profit corporation or entity approved by the Borough" in the Conditions of Approval #2 so the deed shall contain the following clause"should the property cease to be used for the purpose of providing services to the public by the Native Village of Port Lions the property will revert back to the Kodiak Island Borough." During discussion COMMISSIONER PAINTER and COMMISSIONER RICHCREEK both expressed it would protect the public Interest and keeps a clean administrative record for the future. COMMISSIONER SCHMITT was not in favor of the amendment due to the way the amendment would function that the borough would have to go through the process again and potentially a lengthy lapse of time We shouldn't have to force people to go through the process of having the borough get the title to the land back and having to do another conveyance. In response to COMMISSIONER DRABEK question of is it the Native Village of Port Lions or is it the City of Port Lions,its referred to both ways?Director Pederson stated the Native Village of Port Lions was the applicant and that's how they expressed that they are the entity that is a Federal recognized tribe that's providing these services. In response to CHAIR TORRES's question of if this goes to the Native Village of Port Lions and for some reason that clause wasn't there and it went to the corporation that Koniag oversees, traditionally Koniag holds all mineral rights to their lands,would that default to their normal holding of all mineral rights to this land?COMMISSIONER SCHMITT stated Koniag and Afognak are the respective regional and village corporations involved here. This is the tribal council, the tribal entity that's not directly involved with either Koniag or Afognak. COMMISSIONER RICHCREEK expressed concern stating regarding the amendment no one wants to make things more difficult however; when it comes to land records and the experience of going through land records in Alaska, especially in Kodiak, it's not clear and there are messy records, handshake deals and things like that Having something this formal with an extra level of work is worth it to keep the record clean.The previous condition said that it could go to another non-profit approved by the borough so there would still be an administrative process but by striking that language it makes that administrative process clean through the deed record and for the sake of a future clean record of administrative record. It's worth the effort even if the Native Village of Port Lions were to change their name and change their entity that would be quite a process and changing one aspect would be minor in the scope of the realm of change. COMMISSIONER PAINTER asked with this condition without the strike in the motion would this be on the deed that we give them so there's some follow up or is this something they would just let you know and then administration would make that decision if in deed,Pederson said this clause has to be in the deed. COMMISSIONER PAINTER asked for clarification of who administration is that would make the decision,Pederson replied that would be the Borough Lands Manager. COMMISSIONER SCHMITT acquired and passed around a copy of the KMXT Quit Claim Deed for the commission to see the last paragraph before the signature. CONDITIONS OF APPROVAL 1] The portion of the Port Lions School Reserve to be disposed of(approximately 1.51 acres)must be created by plat prior to disposal by the Borough. 2] The deed shall contain the following clause:"Should the property cease to be used for the purpose of providing services to the public by the Native Village of Port Lions the property will revert back to the Kodiak Island Borough." FINDINGS OF FACT 1. The commission has reviewed the qualifications of the applicant and has determined that the applicant is eligible under section 18.20.100.8 of the Kodiak Island Borough Code to request a 11/20/2013 Page 3 of P&Z Minutes Page 278 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. disposal of borough lands for less than fair market value. 2. The commission has reviewed the stated mission of the Native Village of Port Lions and the community outreach programs administered by NVPL in furtherance of that mission, and has determined that NVPL is engaged in worthwhile social,cultural,and environmental activities that enhance the public's well-being. 3. The requested disposal for less than market value is surplus to the borough's current and future public need. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4-1. The ayes were COMMISSIONERS TORRES, DRABEK,RICHCREEI(and PAINTER. The no was COMMISSIONER SCHMITT. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED 5-0. OLD BUSINESS A) Discussion of Possible Code Revision Work Session Dates-Title 17 Director Pederson said as discussed at the work session Smith has calendared the meetings on November 25m, December 2^l, December 4N, December 11m,and December 18th at 6:30 p.m.and the November 25th meeting will be held in the Assembly Chambers with the rest in the downstairs conference room.He asked Smith put in the notice the purpose is to review Titlesl6, 17, 18 so we're covered so folks are aware.There is only one public hearing item in December so that's why we will be reviewing the draft code also. NEW BUSINESS A) Discussion of APA Membership Director Pederson stated he hasn't had an opportunity since your last meeting but he will report back to the commission by email. COMMUNICATIONS A) Notice of Compliance dated October 18,2013 B) Notice of Compliance dated October 18,2013 C) Case 14-005 Appeal to Board of Adjustments Director Pederson stated the appeal that the commission took up recently is being appealed to the Board of Adjustments that will be on December 5th,and then there's a couple of Notice of Compliance letters. Pederson updated the commission on a letter they will get at next month's meeting to A-1 Timber,LASH,and Zbitnoff regarding the logs. Discussion of the conditions of approval on the Zbitnoff screening case. Director Pederson stated there was no screening required;they didn't have to plant any or install any. CHAIR TORRES said the issue is the condition was to maintain the natural screening and they haven't maintained it;they have done away with it. Director Pederson said he'd have to ask the Code Enforcement Officer. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • November 25,2013 Planning&Zoning Code Revision Special Meeting-Title 17 at 6:30 p.m. in the Assembly Chambers • December 2,2013 Planning&Zoning Code Revision Special Meeting-Title 17 at 6:30 p.m.in the KIB Downstairs Conference Room • December 4,2013 Planning&Zoning Code Revision 11/20/2013 Page 4of6 P&Z Minutes Page 279 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. • December 11,2013 Planning&Zoning Packet Review&Code Revision Meeting at 6:30 p.m.in the 1(18 Downstairs Conference Room • December 18, 2013 regular meeting at 6:30pm in the Assembly Chambers & Code Revision Meeting Director Pederson introduced Neil Horn,the new Code Enforcement Officer. COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMISSIONER'S COMMENTS Jennifer Richcreek welcomed Neil Horn. She thanked the borough for allowing the commission to attend the conference,it was a great experience.One take away from the training is she thought would be helpful as we go through the code revision process to keep it focused is having on the white board writing down priorities and issues already identified in the Comp Plan and root all the changes be it building height or land development decisions and having it rooted to does this solve the issue of developable land for housing shortage or teacher housing in terms of where we want to put things,or all of the home heating costs with coming up with decisions for energy solutions. Having all the changes that we make as were looking at these changes in the code,if we had some kind of easy check list. She hasn't gone through to see how many issues are in the Comp Plan but if there are boiled themes or whatever the problems that we're looking to solve is having that visual reminder and as we go through cross checking to make sure we are solving an identified problem.That would be a helpful way of keeping it in context and keep it focused on issues already identified.Two other take aways from training is AEA is working on regional energy plans and they will be focusing on the Kodiak region which includes borough wide, they will be doing public input and stakeholder solicitation of comments. It's something to think about of what does the borough envision as its energy future and energy independence and being an active participant at AEA's regional planning process.If we're all on the same board at the upfront it would make funding and requests streamlined if everything follows in line with the plan.Lastly,there was a presentation by Unalaska who went through a thorough housing plan analysis with their Comp Plan review and they have it on their website which it sounds like they have very similar issues to some of the housing challenges that we face in Kodiak. That document resource could give some insight or guidance as we think through some of our housing issues here in Kodiak. Maria Painter thanked the public allowing her to be a commissioner and she thanked the borough for allowing her to go to training. In addition to that she took some time to go to the Bureau of Land Management who was very helpful; she came home with a packet which is a user guide of how to go through their website. Alan Schmitt expressed his appreciation for the assembly for allowing him to go to the training for the third year, The training is getting better. The big focus is the planning aspect, not so much as the zoning and regulation which is the way you carry out the plans.One of the sessions was the reminder that we should indeed look at the Comp Plan on a regular basis,they said state law requires a five year review so now that we've got a new director, code enforcement officer, and new blood on the commission it would be good if once we are done with the code rewrite to spend some time looking at the Comp Plan.One of the take aways he got from training is that you should also get the buy in,if you are going to put something in the plan that requires some action sort of making sure in advance to the greatest extent that people are willing to do that which may involve spending some money.There are lots of good discussions that need to happen in future about that but the only certainty we have is change but we can't predict exactly what the future will bring but there are some trends that are coming with the aging of the community,global warming can start to have some impact on Kodiak We 11/20/2013 Page 5 of 6 P&Z Minutes Page 280 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. can start to think about these things and start to plan for what would happen if they do start to show up. Kathy Drabek also showed her appreciation for the training stating it was so much more valuable than she imagined it would be.Drabek also welcomed Maria Painter and Neil Horn. Alan Torres said he's looking forward to looking at the Comp Plan.When we as a community passed this one in 2008 one of the biggest discussion items is that the Comp Plan is a living document and is meant to change but traditionally in this borough,that is something that doesn't usually go anywhere, it's something that's said when It's passed but it's never looked at and changed.If we don't look at it he thinks it makes it even harder for when changes come up.Torres said he's also done a quick look at some of their bylaws and is going to give staff a copy to get things rolling and he gave a quick update stating he just marked off all the attachments because it lists the Title or code section and he feels it doesn't need to be an attachment to this document, in the quorum and voting requirements Torres would like to add that all commission meetings, regular,special and work sessions require a quorum, and for special meetings; special meetings may be called by the chair person, the majority of the commission, or the Community Development Department Director, on the Order of Business he feels appearance requests should be removed, under the Regular Meetings add a Staff Comments line in front of the Audience Comments and Commissioner Comments, add an Order of Business for work session,and the biggest thing is to add a Citizen's Comments for cases not up for public hearing, and also Discussion Items on the work session agenda so they could be discussed at the work session and not carried on to the regular meeting.It's just simple clean up stuff and there may be more. Director Pederson agrees that we should be revisiting the Comp Plan after the code revision is finished He also stated getting the bylaws review could go on the December work session if you all get your suggestions to Smith. Pederson also said he's already codified in the administrative provisions the language of quorums and special meetings. Alan Torres said he's had discussions with the Clerk's Office and the borough attorney agrees with us and we are waiting for code language to bring it up for the assembly and we default to the assembly. Torres said Nova Javier is just waiting for written language to come. Torres just wants to get the bylaws process started.Torres appreciated the opportunity to attend the training again and he always comes away with learning something new. Kodiak has always had a good presence at these trainings over the years. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CHAIR TORRES adjourned the meeting at 7:32 p.m. KODIAK ISLAND BOROUGH PLANNI � .•°.•°:C Alan Torres,Chair ATTEST By: /�� /f LP Lea Sheila Smith Community Development Department APPROVED:January 15,2014 11/20/2013 Page 6of6 P&Z Minutes Page 281 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. KODIAK ISLAND BOROUGH RECEIVED PLANNING &ZONING COMMISSION MINUTES JAN 2 3 2013 December 18, 2013 6:30 p.m. in ti a Assembly Chamber/ tORWGH CLOUT• •,'m. CALL TO ORDER KODIAK iv_ CHAIR TORRES called to order the December 18, 2013 regular meeting of the Planning and Zoning Commission at 6:30 p.m. ROLL CALL Requested to be excused was Maria Painter and Jennifer Richcreek due to a family emergency, and Kathy Drabek due to being sick. Commissioners present were Alan Torres and Scott Arndt. A quorum was not established. CHAIR TORRES stated the rest of the commission was told there wouldn't be a quorum and did not need to come through Sheila Smith by the Director. CHAIR TORRES stated they will carry over the agenda items to the January 15, 2014 regular meeting with a work session on January 8, 2014 and he adjourned the regular meeting at 6:33 p.m. KODIAK ISLAND BOROUGH PLANNING &ZONI IMMISSION By. >` / Alan Torres, Chair ATTEST By: C 112.elalt 1 Sheila Smith Community Development Department APPROVED: January 15, 2014 12/18/2013 Page 1 of 1 P&Z Guidelines Page 282 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.A.1. Womens Bay Service Area Board RECEIVED Regular Meeting Minutes JAN i 5 December 10, 2013 Call to Order 7:30 pm BORTGH K°Ff Members present: Dave Neuman, Dave Conrad, Greg Egle, John Isadore Members excused: Scott Griffin, Billy Ecret, Jessica Horn Approval of minutes of 10/1/13 meeting: motion to approve by Conrad, seconded by Isadore Contractor comments: Kevin Arndt commented that BEI is planning to close pit 2 for the winter, will talk with them about getting a key to the pit or pursue filling from Airport stockpiles for road sanding this winter. OLD BUSINESS Fire Department: a) Tanker 23 repairs: no change b) HUD grant for A&E shelter: architects working on initial concept and design, public meetings to be held once concept is finished c) New pickup status: Lights and radios installed, cap in transit Road Service: a) FEMA: river washout project in discussions b) Lot sales by KIB: Panamaroff Creek Road extension in progress, may get delayed until thaw occurs. c) Fish friendly culvert project: Road service, Shell Oil, borough have contributed monies along with a state grant. Any left over money will be applied to stage 2 NEW BUSINESS a) Motion by Isadore to move 10k from FD unreserved fund balance to the FD operating budget, contingency line item #450.450. Seconded by Conrad, passed unanimously. Board Member comments-none Adjourned at 8:20pm Next eting is Jan 7, 2014 at 7:OOpm 'Chair Witn s� / �/ Page 283 of 294 Fire Protection Area No. 1 Board Regular Meeting of November... AGENDA ITEM #17.B.1. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting—January 6,2014 SUMMARY APPROVED: Motion to approve Purchase Requisition 00037323,to Imagine Learning in the amount of$26,250 for Imagine Learning software license renewal for the period December 1,2013 through November 30,2014. APPROVED: Motion to approve the 2014-2015 Certificated Tenured Contracts as presented by Chief Business Officer Lisa Pearce in the amount of$10,249,271. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at unuv'.kibsd.orc. Page 284 of 294 Kodiak Island Borough School District Special Meeting Summar... AGENDA ITEM #17.B.1. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting—January 20,2014 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda and Consent Agenda to include: *Approval of Minutes - Regular Meeting Minutes of December 16, 2013, and Special Meeting Minutes of January 6, 2014,as presented. *Approval of the KIBSD Correspondence Study Program Vendor List as presented. PRESENTED: Acting School Board President RICK KNIAZIOWSKI presented certificates of appreciation to Karluk School Volunteer of the Month Sarah Reft and East Elementary School Volunteer of the Month Ann Kirven. PRESENTED: Acting School Board President RICK KNIAZIOWSKI presented Spirit of Youth nomination recognition certificates to Kodiak High School Student Kyla Villaroya and Akhiok School Student Isiah Simeonoff. PRESENTED: Acting School Board President RICK KNIAZIOWSKI presented certificates of appreciation to Page Aleena Bravo from East Elementary School and Sergeant At Arms Rafael Bitanga from Kodiak Middle School. PUBLIC HEARING: Acting School Board President RICK KNIAZIOWSKI opened a Public Hearing to allow for comments from members of the community regarding the FY15 Budget. No comments were made. APPROVED: Motion to acknowledge receipt of the November 2013 Report of Revenues and Expenditures,year-to-date general fund revenues in the amount of $16,033,250 and year-to-date general fund expenditures in the amount of $11,901,194. APPROVED: Motion to approve the FY 14 Winter Budget Revisions as presented by Chief Business Officer Lisa Pearce. Acting School Board President RICK KNIAZIOWSKI opened a Public Hearing to allow for comments from members of the community regarding the FY14 Winter Budget Revisions. No comments were made. APPROVED: Motion to adjourn. Page 285 of 294 Kodiak Island Borough School District Special Meeting Summar... AGENDA ITEM #17.B.1. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting—January 20,2014 SUMMARY Subsequent to approval, Board of Education meeting minutes are posted on the District's irebsite at iriru.kibsd.org and on BoardDocs at hup://uv l r.boarddocs.com/ak/kodiak/Board nsf/l'ubl is Page 286 of 294 Kodiak Island Borough School District Special Meeting Summar... AGENDA ITEM #17.B.2. 11-4Attt, Kodiak Island Borough i { Engineering& Facilities Department a Projects Office 710 Mill Bay Road ' �rtI d '4w r , •`.p Kodiak,Alaska 99615 '"y Phone (907)486-9210 Fax(907)486-9347 To: Bud Cassidy,Borough Manager Cc: Bob Tucker,E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending December 31,2013 Below is a summary of approved change orders for capital projects for December 2013: Kodiak High School Addition and Renovation Watterson Construction Company—Contract No. 2013-24 Change Order#18-$56,033.00 1) Modify and extend scheduled duct work to exterior vertical face of canopy.When bid alternate #2 was not awarded (remove the existing canopy on Area E & F), the design team needed to modify&extend the scheduled duct work to exterior vertical face of canopy. In addition to this work, the structural engineer required the CMU wall openings be reinforced for seismic requirements.-$8,290.00 2) Relocate scheduled duct work for Fan 104. During submittal review, mechanical engineer noted that the specified sound attenuator did not meet design requirements. An alternate silencer was necessary to meet the minimum sound decibels for the Health Services classroom directly below the Mechanical room where Fan 104 is located.-$8,612.00 3) Demolish existing GWB ceiling in Rm D201&provide accessory DGA24 for fixture type LC in this location. Required demo of the ceiling in Area D level 2 was not shown on the bid documents. In addition, the troffer type light fixtures scheduled to be installed in the new hard lid ceiling require trim kits that will allow the fixtures to be removed for access to junction boxes above. The trim kits were not specified and are required to meet NEC. -$14,867.00 4) Provide 110 pair cable blocks in lieu of 200 pair blocks specified. Contractor questioned the method of copper cable terminations in new telecom rooms as specified in bid documents. It was suggested that providing the 110 pair cable blocks in lieu of 200 pair block would significantly increase future expansion capabilities at a reasonable added cost. Electrical engineer concurred with this logic.-$2,079.00 5) Provide additional balancing valves for heating system. During preparation for TAB balancing efforts, the Contractor realized that additional balancing valves are required to balance the system to optimal hydronic efficiencies. The Mechanical engineer reviewed the request and agreed that the valves were needed to provide desired heating efficiency.-$11,450.00 6) Place Ardex Forti Finish under the scheduled Mondo Sport Impact flooring to make a smooth transition of the sport flooring to the adjacent door thresholds and the new wood flooring. Page 287 of 294 Change Order Report, Other Projects Status Report, and Wils... AGENDA ITEM #17.B.2. Place an aluminum Schluter edge the full length of the wood floor. During installation of the new wood flooring system,it was discovered that the new floor is''/4"thicker than the old wood floor system. Additionally, the existing concrete subfloor under the new Mondo flooring varies in height from 0" to 1/2". These deviations in the heights develop conflicts at the transition between the two floor systems. This work will ensure that the transition between the two flooring systems remains flat&safe for athletic activities.-$5,586.00 7) Provide & install longer slotted track at Area A-Tower. During shop drawing and calculations submittal review, it was discovered that an increased roof deflection of 1 '/" was necessary in Area A of the Tower. Contractor was required to procure larger wall track to accommodate the added deflection.-$1,573.00 8) Add VAV's F101 & F103. PDC Engineers issued a design clarification addressing the issue that some of the Variable Air Volumes boxes shown on the bid drawings were not included in the VAV/RHC schedules on sheet M0.2 & M0.4. In response to the DC the contractor issued this PCO for devices not included on the schedules in the bid documents.-$3,576.00 Change Order#19—($21,836.00) 1) Credit for differential pressure switch versus additional cost for defrost controls in AHU-107. No cost change.-$0.00 2) Credit for costs associated with omitting the rooftop fall anchors at Area A & C roof at gridline ET.—($26,118.00) 3) Provide power & breaker for overhead door E101-2.The new overhead sectional door at boiler room E101 is fitted with an electric motor operator. In response to contractor request for information#203,Electrical engineers provide the design information necessary to complete the electrical installation that was previously missing from the drawings and specifications. - $1,163.00 4) Change specified horizontal track to vertical track to accommodate clearance required by NEC. After installing the new sectional overhead door in boiler room E101 it was discovered that, in its open horizontal position, the door is within the electrical panels work space. NED 10.26 (F) (1) indicates that the 6 ft. space above the door is a code required work space. Installation of a vertical track is necessary to correct this code conflict.-$3,119.00 Change Order#20—$75,093.00 Provide and install ceramic tile in lieu of specified RF-4 Altro flooring in locker rooms. Moisture levels in the existing concrete floors at both men's & women's locker room exceeds minimum requirements for typical surface applied moisture blocks, The vinyl flooring manufacturer doesn't recommend that the Altro flooring be installed using standard surface applied products. The products required by Altro involve bead blasting, epoxy coatings & 3/8" of a cementitious overlay. While the cost to install these products is slightly less than the cost to install ceramic tile, the benefits of ceramic tile exceed those of the epoxy mitigation system. 1) ceramic tile is not effected by existing moisture levels, 2) ceramic tile is on site & ready to be installed, 3) Altro flooring can be installed elsewhere on the project offering credits for future installations, 4)Vinyl credits will offset the cost of ceramic tile making the tile installation more cost effective than the epoxy moisture mitigation,5)the ceramic tile flooring will remain in place for the life of the building. • Change Orders-December 2013 Page 2 Page 288 of 294 Change Order Report, Other Projects Status Report, and Wils... AGENDA ITEM #17.B.2. Landfill Lateral Expansion Brechan Enterprises, Inc.—Contract No. 2012-21 Change Order#17-$115,400.00 1) Construct stabilized base consisting of type 1 geotextile & 18" track unprocessed (12" minus) shot rock for 27,360 SF are delineated as area A in the attached drawings 2) Place 12" in-place tracked (12" minus) shot rock for 45,380 SF additional cover area delineated as Area B in attached drawings. Work required due to soft, inadequate subgrade conditions on lower existing landfill slopes and lack of cover on some upper existing landfill slopes. Long Term Care Facility Davis Constructors&Engineers, Inc.—Contract No.2013-11 Please note: All change orders for Davis Constructors are $0 increase to contract amount. Amounts shown are being covered by savings in the GMP contract. Change Order#18-$0.00 1) Provide and install decorative signage-$580.00 2) Modify power to cooler, walk-in freezer, residential kitchen oven and warming drawer per RFI's 161 and 162-$5,924.00 Change Orders-December 2013 Page 3 Page 289 of 294 Change Order Report, Other Projects Status Report, and Wils... AGENDA ITEM #17.B.2. 1. ', Kodiak Island Borough * t i5 r Engineering& Department T . A A3fy 9 9 P cqt t-- t. Projects Office a l :7i, t'r' `' 710 Mill Bay Road :flit" +'°`�i� 4.` rte. Kodiak,Alaska 99615 ry Phone (907)486-9210 Fax(907)486-9347 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Bud Cassidy,Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending December 31,2013 LONG TERM CARE FACILITY Davis Constructors& Engineers received a Certificate of Occupancy(CO)from the City of Kodiak Building Department on December 16, 2013. Per the lease agreement with Providence, receipt of the CO triggers the start of lease payments, and Providence is currently in possession of the building. The only remaining items are installation of furniture, equipment testing,and final touch-up repairs which will be complete by the end of January. Providence is currently scheduled to move residents into the new facility on February 17,2014. This project has been a successful example of the General Contractor/Construction Manager project delivery method. KIB was able to enter into a Guaranteed Maximum Price contract with the contractor, and as the project progressed and savings were realized through the subcontractor buyout process, those savings were then used to upgrade finishes, equipment, etc. at no added cost to the project.The end result is a better final product without any change orders. 4- Itilii:Ar•01 - . cu -; : ' J! t} 1#44'''.1./� �3 .: �T I t t.,:�z'11$pp j --r-.4.biro c re.: ti ' a iM y—{• - Monument Sign Hearth Area Residential Kitchen LANDFILL LATERAL EXPANSION Brechan Enterprises has been working on Phase II of the Landfill Lateral Expansion project, constructing a new fully-lined landfill cell with leachate collection system. All the sub-liner leachate piping has been installed and pressure tested.Storm water collection and diversion structures and piping are completed and functional. Construction activities are currently shut down for the winter. Page 290 of 294 Change Order Report, Other Projects Status Report, and Wils... AGENDA ITEM #17.B.2. Phase III of the project will be construction of a new leachate treatment plant. Phase III was originally put out for bid in May 2013 but the bids exceeded the available funding. Bidding for Phase III was reopened on November 7,and bids were received on December 11. Four bids were received with ASRC SKW Eskimos, Inc. the low bidder.A construction contract will be provided for Assembly approval at the January 16 meeting. It is anticipated that construction of Phase III will begin in spring 2014 and be completed by the summer of 2015. KFRC VENTILATION MODIFICATIONS The scope of this project includes modifications to the Kodiak Fisheries Research Center (KFRC) ventilation and electrical systems and installation of lighting controls that will enhance and extend the life of the building systems, and increase the energy efficiency of the facility. The United States Government will be reimbursing KIB for a portion of the construction costs through a lease amendment with GSA for the NOAA occupied space in the building. The Assembly approved the lease amendment and construction contract at the January 2 meeting. Construction needs to be completed no later than July 15,2014 to comply with the GSA funding requirements. ANTON LARSEN BAY DOCK KIB has received Alaska Legislature and Denali Commission grants to provide upgrades and expansion of the existing floating dock facilities at Anton Larsen Bay. The Assembly approved a change order for Jensen Yorba Lott to perform pre-design work, including topographic and bathymetric surveys and conceptual design options, at the November 7 meeting.The survey work was completed November 18, and JYL is currently working with PND Engineers to produce conceptual design options. The design process will include public meetings to allow input from the various user groups of the dock and other interested parties. PORT LIONS SCHOOL EXTERIOR PAINTING This project is painting of the exterior of Port Lions School. The Assembly approved the budget for this project at the January 2 meeting,and Jensen Yorba Lott is currently working on construction documents. This project is scheduled to go out for bid in February 2014 with the work completed during the summer of 2014. CHINIAK SCHOOL OIL TANK REPLACEMENT Chiniak School is next on the list of island-wide replacement of underground oil tanks at school facilities. Chiniak has a 12,000 gallon and a 500 gallon underground tank that will be closed and replaced with a new 3,000 gallon aboveground tank. KIB staff has received approval from the Alaska Department of Environmental Conservation to close the existing 12,000 gallon tank in place, and not have to incur the expense of removing it from the ground. Jensen Yorba Lott is currently working on design for this project,which is scheduled to go out to bid in February 2014,with construction in the summer of 2014. EAST/PETERSON FLOORING This project will be removal and replacement of flooring at East and Peterson Elementary Schools. Jensen Yorba Lott has completed the pre-design for this project, which included site visits and assessments to develop a scope of work, and is now working on construction documents.This project is scheduled to go out to bid in early 2014,with construction in the summer of 2014. Project Status Report—December 2013 Page 2 Page 291 of 294 Change Order Report, Other Projects Status Report, and Wils... AGENDA ITEM #17.B.2. KODIAK MIDDLE SCHOOL CONCRETE This project is the final project to be completed from the 2004 GO Bond Issue. The scope consists of repairs to concrete walls and walkways surrounding Kodiak Middle School. The project was previously bid twice;the first time the bids exceeded available funding and the second time there were no bidders. Jensen Yorba Lott completed the original design for this project,and has made adjustments to the scope of work to try and attract more interest from contractors, and ensure that the base bid scope of work matches available funding. Staff plans to rebid this project a third time in January 2014, with construction in the summer of 2014. r c r "k r a Existing KMS Concrete Walls and Walkways FIRE PROTECTION AREA NO. 1 EMERGENCY GENERATOR KIB received a Designated Legislative Grant in 2012 to provide an emergency power generator and switch gear at the Bayside Fire Station. The grant amount will not be sufficient to cover purchase and installation of the generator, so the Assembly recently gave approval to the Fire Protection Area board to allocate a portion of their fund balance to the project. RSA Engineering completed the original performance specification for the project, and staff will be recommending the Assembly approve a change order for them to compile a bid package and perform construction administration/inspections for the project. WOMENS BAY FIRE HALL ADDITION KIB has received grants from the Alaska Legislature and U.S. Department of Housing and Urban Development for design and construction of an emergency shelter at the Womens Bay Fire Hall. Preliminary design discussions are underway for this project. Design will incorporate public input as well as input from the Womens Bay Service Area board. BOROUGH BUILDING RENOVATION There are several Renewal and Replacement Projects for the existing Borough Building that will be combined into one project for overall renovation of the building. These include replacing the boilers, asbestos abatement in the boiler room and existing flooring, installing new flooring, and upgrades to various mechanical and electrical building components. It is anticipated that this will be a phased multi- year project beginning after the School District relocates its offices in the fall of 2014.Jensen Yorba Lott is currently working on pre-design for this project, including site visits, creation of Autocad base sheets for future drawings,and providing a technical memorandum describing the existing systems and options for mechanical and electrical upgrades. Project Status Report—December 2013 Page 3 Page 292 of 294 Change Order Report, Other Projects Status Report, and Wils... AGENDA ITEM #17.B.2. EMERGENCY GENERATORS KIB received an Alaska Legislature grant in FY2012 for installation of emergency generators at several Borough schools. In the summer of 2014 the Projects Office is planning to install generators at the schools in Karluk, Old Harbor, Port Lions, and North Star Elementary. Jensen Yorba Lott is currently working on pre-design work for this project, including site visits, verification of existing electrical and lighting systems, preliminary concept drawings and generator sizing, and providing order of magnitude construction and operational cost estimates. Site visits for PDC Engineering were completed in the second week of December 2013,and JYL and PDC are currently working on a preliminary design report. Note: A status report on the Kodiak High School Addition and Renovation project is provided separately from Wilson Engineering,Inc. Project Status Report—December 2013 Page 4 Page 293 of 294 Change Order Report, Other Projects Status Report, and Wils... AGENDA ITEM #17.B.2. WILSON ENGINEERING MONTHLY PROGRESS,REPORT Kodiak High School.Renovation Period Ending; December 31,2013 Summary: The Contractor's demolition crew took advantage of the Christmas break and progressed with removal of abandoned heat lines and building elements that would otherwise be difficult to accomplish during school session.The KIB Building Official issued a Temporary Certificate of Occupancy This Period for the Cardio and Weight rooms allowing KHS staff to install equipment and occupy the space.Our Mechanical, Balancing and Control contractors have spent this period completing installations required for Commissioning of the new Boiler plant and HVAC systems. Commissioning is scheduled for early January.Area A Tower progressed with placement of 30%of the ground level concrete floor.Also started this period was the installation of pre-fabricated insulated wall assemblies that make-up the Tower's exterior thermal envelope.Unforeseen moisture levels in the locker room floor that was mentioned in last month's report have been addressed with the installation of ceramic tile in lieu of the scheduled Alto vinyl flooring.The tile work was completed over the Christmas break making way for completion of the shower/locker facility scheduled for late January. Work This Period: i • Tower exterior fire proofing • Basement ceramic tile flooring a • Music room structural framing - • Mechanical Controls systems • Tower slab on grade concrete(30%) p I ^, � - 1 �1 i pg + Work Scheduled Next Period: '+�a�GiJIt h x Ali • Shower/locker room turnover ® ,y • Commissioning of Boiler Plant and HVAC systems ' • Structural framing of the Music Wing • Continue installing Tower thermal panels ' r _ • PVC roofing system on Area A Tower New Weight Room in Full Use Schedule Status: Phase 2 Gymnasium completed. New Gym —h �®•floor complete by 11-27-13. Phase 3&4 remain on schedule I Oast + f �!___ with expected progress in place. 'l 7. Scheduled Milestones In Progress RFI's y Phase Start Milestone % Last Period 21 a c •••••••• t • • t ° gin: Complete This Period 19 ,.r" . 1 x .. =- � -e etas O' 1 4-5-13 6-01-13 99% Open RFI's 05 4 , 2 4-5-13 9-23-13 98% ,.' l.. 3 4-5-13 01-16-14 96% Total To-Date 227 ' Nt ire 4 4-5-13 8-01-14 25% ( •',� ° `^� > Approved Change Orders This Period t ' , r� • Ceramic Tile in Basement Locker Rooms • Insulation at Tower Fin Walls • LP Gas Piping to Chemistry Lab Stations Women's shower/locker room Ceramic Tile • Fuel Monitoring Equipment at Existing Fuel Tank • Structural Support for STEP Panel Grid FT Bruce Walter, Project Manager Page 294 of 294 Change Order Report, Other Projects Status Report, and Wils... Kodiak Island Borough Assembly Regular Meeting Guidelines February 6, 2014, 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 Michael Bates 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 Austerman and Peterson who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting Minutes of January 2 and January 16, 2014. * State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Application for Noodles Restaurant. Licensee/Applicant: Crystal, Inc. * Solid Waste Advisory Appointment of Mr. Lenny Roberson— Amending a Motion Previously Adopted. * Confirmation of the Assembly Appointment to the Board of Equalization (Carrie Morton). * Confirmation of the Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council (Scott Smiley). e* Assembly Direction to the Treasurer/Finance Director to Prepare the 2013 Roll of Real Properties Subject to Foreclosure. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of January 2 and January 16, 2014. Kodiak Island Borough Assembly Guidelines February 6, 2014 Page 1 6. AWARDS AND PRESENTATIONS A. Teen Dating Violence Awareness Proclamation — Mayor Friend • Accepting: Sandra Wilkins, Kodiak Womens Resource and Crisis Center. B. Student of the Month for January 2014 — Mayor Friend • Mica Linscheid, a junior with Kodiak High School. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Approval of Change Order No. 6 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Design and Construction Administration for the Chiniak UST Replacement Project. Recommended motion: Move to authorize the Manager to execute Change Order No. 6 Amending Contract No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering Services Term Contract in an amount not to exceed $53,411. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines February 6, 2014 Page 2 2. Approval of Change Order No. 8 Amending Contract No. FY2014-13 Architectural and Engineering Services Term Contract for Concept Design for the Womens Bay Emergency Shelter Project. Recommended motion: Move to authorize the Manager to execute Change Order No. 8 Amending Contract No. FY2014-13 with Jensen Yorba Lott, Inc. of Juneau, Alaska for Architectural and Engineering Services Term Contract in an amount not to exceed $49,868. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Contract No. FY2014-26 Professional Services Agreement for Fisheries Analyst Consulting and Related Services. Recommended motion: Move to authorize the Manager to execute Contract No. FY2014-26, a joint contract with the City of Kodiak, with Heather McCarty of McCarty and Associates of Juneau, Alaska for fisheries analyst consultant services in an amount not to exceed $60,000. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution No. FY2014-26 Adopting a Federal Capital Improvement Program and Identifying Federal Program Priorities for Federal Fiscal Year 2015. Recommended motion: Move to adopt Resolution No. FY2014-26. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Continued on next page... Kodiak Island Borough Assembly Guidelines February 6, 2014 Page 3 2. Resolution No. FY2014-27 Certifying the FY2014 Shared Fisheries Business Tax Program Application To Be True and Correct. Recommended motion: Move to adopt Resolution No. FY2014-27. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2014-28 Adopting the Priorities of the Kodiak Area /' Coordinated Transportation Plan. Recommended motion: Move to adopt Resolution No. FY2014-28. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2014-11 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Lot 1A, Block 6, Miller Point Subdivision from Public Facilities/Ownership to Rural Residential (P&Z Case No. 14-012). Recommended motion: Move to adopt Ordinance No. FY2014-11 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 February 6, 2014 Page 4 2. Ordinance No. FY2014-12 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of Lot 1 and a Portion of Lot 2A, Block 9, Miller Point Subdivision First Addition from Rural Residential to Public Facilities/Ownership (P&Z Case No. 14-012). Recommended motion: Move to adopt Ordinance No. FY2014-12 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. 3. Ordinance No. FY2014-13 Amending the KIB 2008 Comprehensive Plan Future Land Use Maps (Figures 4.2 and 11.1) Changing the Future Land Use Designation of a Portion of Tract B, Miller Point Subdivision from Future Special Planning Area to Rural Residential (P&Z Case No. 14-012). Recommended motion: Move to adopt Ordinance No. FY2014-13 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. 4. Ordinance No. FY2014-14 Rezoning a ± 2,410 Square Foot Portion of Lot 1A, Block 6, Miller Point Subdivision from PL-Public Use Lands to RR1-Rural Residential One (P&Z Case No. 14-010). Recommended motion: Move to adopt Ordinance No. FY2014-14 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. Kodiak Island Borough Assembly Guidelines February 6, 2014 Page 5 D. Other Items 1. *State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Application for Noodles Restaurant. Licensee/Applicant: Crystal, Inc. 2. *Solid Waste Advisory Appointment of Mr. Lenny Roberson— Amending a Motion Previously Adopted. 3. *Confirmation of the Assembly Appointment to the Board of Equalization (Carrie Morton). 4. *Confirmation of the Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council (Scott Smiley). 5. *Assembly Direction to the Treasurer/Finance Director to Prepare the 2013 Roll of Real Properties Subject to Foreclosure. 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 Friend The Borough offices will be closed on Monday, February 17 in observance of Presidents Day. The next Assembly work session is scheduled on Thursday, February 13 at 7:30 p.m. in the Borough Assembly Chambers. The next regular meeting is scheduled on Thursday, February 20 at 7:30 p.m. in the Borough Assembly Chambers. • 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 6, 2014 Page 6 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET ,r�� Iq��n _ Regular Special Date: �CJ�IVU/'14 Vir Convened: , / Recessed: Reconvened: _ Adjourned: � ) BY: BY: K /1 ✓l /� � ) BY: 1 / elai I BY: birqk BY: l/442� a SECOND: SECONDD 14/ SECOND:: /56, 'v SECOND: arm SECOND: L' '(/IV✓CA_ t- Pi Cten-Ctit r ainfrov4 \0 - CocJ ott-Ko. 41,0*, @ikartegur 0;,06,1? 0 irdir ni ( \,o ' L49' I\)0 ' 1(i. YES NO ! YES NO • YES NO • . YES' NO ,,," YES NO Ms. Austerman s 1u -rma• -. '•uster gi . Ms. Aus n Ms Mr. Bonney ✓ Mr. Bonney Mr. Bonney Mr. Bonney V Mr. Bonney Mr. Griffin V Mr. Griffin Mr. Griffin Mr. Griffin ✓ Mr. Griffin 4 y/ Mr. Kaplan V Mr. Kaplan Mr. Kaplan Mr. Kaplan )f Mr. Kaplan Ms. Lynch V Ms. Lynch Ms. Lynch Ms. Lynch / Ms. Lynch Mr. Peterson , / Mr. Peterson Mr. Peterson Mr. Peterson � /�/ Mr. Peterson V Mr. Stephens V Mr. Stephens Mr. Stephens Mr. Stephens V . / Mr. Stephens 1/ iCHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?I , ' TOTAL: TOTAL: TOTAL: TOTAL: 3 3 TOTAL: ( - The mayor may of vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. I Mayor Friend V Mayor Friend Mayor Friend Mayor Friend Mayor Friend • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present require 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, revious question • Majority votes is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Q�r n r j� J� Regular JSpecial Date: b a I �71.[� I ( t-0 ' Convened: Recessed: Reconvened: n ►� Adjourned: I^ BY: Li Yl BY: SOArieg BY: 1 N IA f1 CA ) BY: bp A , BY: G'�c r'l� SECOND: kOor\. SECOND: Pet jl �(jt'j SECOND: eV�"�/�-'`�i SECOND: I SECOND: 4 v �vti Y ` J I Rtsoukba% 4tiu1/4,;--NaHvio, 4stibt S, 0di vc- 0.mnihrois, o. tgauttli-d-g Qb . Haig -II YES NO YES NO YES^ ,NO . YES NO YES NO s er an ste . uster usterm . us man Mr. Bonney I Mr. Bonney / Mr. Bonney t / Mr. Bonney / Mr. Bonney Mr. Griffin V Mr. Griffin V Mr. Griffin V✓ Mr. Griffin v ✓ Mr. Griffin ✓ Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan Mr. Kaplan V Mr. Kaplan V Ms. Lynch ✓ Ms. Lynch 43, V Ms. Lynch Ms. Lynch f / Ms. Lynch v V Mr. Peterson Mr. Peterson Vi // Mr. Peterson ,� ✓ Mr. Peterson v✓ Mr. Peterson v Mr. Stephens v , / Mr. Stephens VV Mr. Stephens / Mr. Stephen. ✓ Mr. Stephens V [CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE_? CHANGE OF VOTE?" TOTAL: 5-- I TOTAL: (n 0 TOTAL: la 0 TOTAL: 1 TOTAL: 'n 0 The mayor may not vote except in the case where only six members of the assembly are present and there is-a t ree/three tie vote of the assembly. Mayor Friend Mayor Friend Mayor Friend Mayor Friend Mayor Friend • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present require 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 /`m � Fl Regular {% Special Date: �� V / �C (1 I :7 - Convened: Recessed: Reconvened: Adjourned: I - p . v -' BY: 1 )vt BY: I.0 to BY: l .] l* BY: Ntr..., BY: SECOND: SECOND: SECOND SECOND: SECOND: bit� cry 1 0 (Olkiltet 00,4,60 i ; 049411a mfriC \ o . t\1 g°14-11 Nn .F\1 0,011-k 2) i . oi / /to 0 >YES, NO - 7 . YES NO - 'YES- 'NO 1. YES` NO ", YES NO s: us r Ms. man Austerm s. tervsterman \—/ Mr. Bonney Mr. Bonney Mr. Bonney ✓ Mr. Bonney ✓ Mr. Bonney Mr. Griffin 4- V/ Mr. Griffin ✓/ Mr. Griffin Mr. Griffin / Mr. Griffin Mr. Kaplan V Mr. Kaplan 4. V Mr. Kaplan �/ Mr. Kaplan �/ Mr. Kaplan Ms. Lynch Ms. Lynch ' // Ms. Lynch , /` Ms. Lynch ✓/ Ms. Lynch Mr. Peterson 1 / Mr. Peterson V1 / Mr. Peterson VVq / Mr. Peterson // Mr. Peterson Mr. Stephens v�V Mr. Stephens vvv / Mr. Stephens vvv' / Mr. Stephens VV Mr. Stephens ICHANGE ' VOTE? ? HAVNGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?J 0 TOTAL: mayor not vote TOTAL: tit case where o_HANi TOTAL: of the assembly L, 0 TOTAL: ço 0 TOTAL: L v are present and there is a e/three tie vote of the assembly. Mayor Friend Mayor Friend Mayor Friend Mayor Friend Mayor Friend • Motions required for 2/3 vote to carry. 7 present requires 5, 6 esent 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 REGULAR MEETING �y Regular Meeting of: �U.f P J (O, o20( I Please PRINT your name Please PRINT your name 3 -6 A05TLIW9- \.. \ r\) Ne tr. fir.Q M Kodiak Island Borough Engineering & Facilities Department �✓"�'a, Projects Office y 710 Mill Bay Road ' D k ate' " ° Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 Date: February 6. 2014 To: Mayor and Ass mbly 41 CC: Bud Cassidy nager From: Matt Gandel, Project Manager/Inspector r(6-- RE: Chiniak UST Replacement Project At the work session on January 30. 2014, some questions were asked on the budget for the Chiniak UST Replacement project. and I wanted to follow up with some additional information. Current Project Budget The current approved budget for the project is $169,751. This budget is a combination of the approved budgets for two projects: Chiniak School Soil Remediation (#10017) and Chiniak Remove UST (#11003). The original plan was for the remcdiation project to include removing an existing leaking 500 gallon UST, install a replacement aboveground tank that would provide fuel for the school emergency generators, and remediate the contaminated soil. The UST project would include decommissioning the two remaining UST's and installing a new aboveground tank to provide heating fuel to the school. The budgets for both these projects were compiled using the Alaska Department of Education and Early Development cost model, and when staff began discussing these projects in detail it quickly became evident that the cost model is not accurate for projects of this type, nor did these estimates take into account other factors that have an effect on total cost (inflation. admin costs. etc.). Originally budgets were created to do UST projects at Karluk, Port Lions, Main Elementary, and Kodiak Middle School. The combined total of these budgets was $309,330. When it became obvious that the individual budget amounts would not be sufficient they were combined into one project labeled Island Wide UST. The first project to be completed under the umbrella of the new project was Karluk, and that project required an additional $95,304 above and beyond the total combined budget for four projects to complete. Of the $169,751 total budget, $121,877 has been previously expensed on just the remediation portion of the project. Since the remaining balance would not be adequate for the design. construction, and administration of the UST project, staff planned to use funds available in the Fund 469 Renewal and Replacement Contingency fund to make up the difference. There is currently $1,719,090 available in this contingency fund. Comparable Design/Construction Costs While we do not have a current estimate of the construction cost for the project, we can use the UST project completed in Karluk in 2013 as a basis for a comparable cost. We received four bids for construction for the Karluk project, ranging from $297,000 to $382,000. The final cost of the project in Karluk was over$400,000, broken down as follows: Site Investigation $6,302 Construction $300,209 Design $33,671 Equipment $41,345 Admin $23,107 TOTAL $404,634 The scope of work for the Chiniak project is less than the Karluk project and has the added advantage of being on the road system, so we expect the construction bids to be less. Below is an anticipated budget for the entire project: Construction $245,000 Design $58,000 Equipment $22,000 Admin $19,000 TOTAL $344,000 The budget amount shown above would be combined with the $121,877 already expensed, making the anticipated total for the work in Chiniak $465,877. As discussed at the work session, the total design cost for Chiniak is substantially higher than that for Karluk because the ADEC required decommissioning plan, soil sampling, and final report are included as a design cost. For the Karluk project they were included in the bid package and performed by the successful low bidder as part of the construction contract. During a post- project review, staff decided in the future it would be more advantageous from a cost and control standpoint to include these tasks as a design cost. Including these tasks as part of the design contract allows us to negotiate initial cost and avoids the higher markup typically included in general contractor bids. Taking those items out of the cost for Chiniak shows that the anticipated design cost for Chiniak would be $27,000, versus $33,671 for Karluk. We are required by ADEC to complete these items as part of this project, and it is staff's opinion that it is more cost effective to include them as a design cost rather than construction cost.