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2016-05-05 Regular Meeting
Page Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, May 5, 2016, 6:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS 5 A. Municipal Clerks Week Proclamation Municipal Clerks Week 6 B. Safe Boating Week Proclamation Safe Boating Week 7 - 8 C. Mental Health Month Proclamation Mental Health Month 9-45 D. FY2017 Budget Presentation - Finance Director Dora Cross A FY2017 Budget Presentation 8. COMMITTEE REPORTS 9. PUBLIC HEARING 46-48 A. Resolution No. FY2017-01 Establishing the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough www.kodiakak.us 91 Page 1 of 400 Island Borough School District for the Fiscal Year Beginning July 1, 2016 and Ending June 30, 2017. Resolution No. FY2017-01 School District Funding - Pdf 49-84 B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C -Conservation District to I -Industrial District. Ordinance No. FY2016-19 Rezone C to I P&Z Case # 16-011 - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 85-105 A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. Ordinance No. FY2016-12 Building Code - Engineering - Pdf 106-290 B. Contract No. FY2016-45 - A Salvage Timber Sale Contract "A Between the Kodiak Island Borough and A-1 Timber Consultants, Inc. Contract Option A and Option B Contract No. FY2016-45 Salvage Timber - Pdf 13. NEW BUSINESS A. Contracts 291 -296 1. Contract No. FY2016-47 Peterson Boilers and Controls Replacement Project. Contract No. FY2016-47 Peterson Boilers - Pdf 297-302 2. Contract No. FY2016-48 Peterson and Main Schools Flooring Project. Contract No. FY2016-48 Peterson Main Flooring - Pdf 303-308 3. Contract No. FY2016-49 East Elementary Roof Replacement Project. Contract No. FY2016-49 East Roof Proiect - Pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at ww facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 2 of 400 B. Resolutions C. Ordinances for Introduction 309-318 1. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commending on the First Day of July 2016 and Ending on the Thirtieth Day of June 2017 (Fiscal Year 2017 Budget). Ordinance No. FY2017-01 Budget Ordinance - Pdf D. Other Items 319-321 1. Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board (Mr. Nathan Svoboda). SWAB Appointment - Mr. Svoboda - Pdf 322-326 2. Confirmation of the Assembly Appointments to the Mission Lake "Tidegate" Service Area Board (Craig Johnson and Alan Wolf). Mission Lake "Tidegate" Service Area Board Appointments - Pdf 327-348 3. Confirmation of Mayoral Appointments to the Marijuana Task Force. 5Assembly Regular Meeting - 05 May 2016 - Agenda - Pdf 349-353 4. Declaring a Seat on the Assembly Vacant (Assembly Member Mel Stephens). Stephens Resignation - Pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS i111I6111U011i•IAi!II 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 354-395 1. Architectural/Engineering Review Board Meeting Minutes of March 15, 2016; Fire Protection Area No. 1 Board Meeting Minutes of March 1, 2016; Planning and Zoning Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandbarough © @KodiakBorough www.kodiakak.us Page 3 of 400 Commission Meeting Minutes of January 20, 2016, February 17, 2016, and March 16, 2016; Womens Bay Service Area Board Meeting Minutes of March 8, 2016 Meeting Minutes of Other Boards B. Reports 396-400 1. March 2016 Change Order Report, Other Projects Report, Project Budget Summary, and Project Contingency Summary. March 2016 Projects Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@Kodiak8orough www.kodiakak.us 91 Page 4 of 400 AGENDA ITEM #7.A. v rocl�rrr�iiorr DECLARING MAY 1 THROUGH MAY 7, 2016 MUNICIPAL CLERKS WEEK WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies, and agencies of government at other levels; and WMREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on fimctions of local government and community; and WiW-REAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, province, county, and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, T IERFFORE, 1, Jerrol Friend, Mayor of the Kodiak Island Borough, do hereby proclaim the week of May t through May 7, 2016, as: Municipal Clerks Week and further extend appreciation to our Borough Clerk Nova Javier, Deputy Clerk Angela MacKenzie, Assistant Clerk Laurie Pardoe and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. a%rt wituea whereof, QV hair hemazte set mp cv&/d and arise tddrsad to he rr crud Carte Municipal Clerks Week Proclamation Page 5 of 400 AGENDA ITEM #7.B. Offisa fifth-- CCC r GZadtak Osknd 6�3araugh, Akska 1procla"11rativa DECLARING MAY 21 THROUGH MAY 27, 2016 NATIONAL SAFE BOATING WEEK WHEREAS, recreational boating is fun and enjoyable, and we are fortunate Kodiak Island has extraordinary resources to accommodate a variety of commercial and recreational boating demands; and WHEREAS, weather and sea conditions in Alaska waters present dangers year-round causing boating activity to be risky for the unprepared, and not knowing or obeying the Navigation Rules, drinking alcohol, or taking drugs while operating a boat, or choosing not to wear a life jacket are clearly unwise decisions, and WHEREAS, while the rate of recreational boating deaths has been decreasing, filo people still die each year in boating -related accidents in the U.S., and 79 percent of these fatalities are due to drowning; and WHEREAS, 94 percent of those involved in these drowning fatalities were not wearing a life jacket and a significant number of boaters lives could have been saved had they worn their Coast Guard approved personal floatation device; and WHEREAS, boating knowledge and skills may be learned locally in classes offered by the United States Coast Guard Auxiliary, and are important in reducing human error and improving judgment; and WHEREAS, the United State Coast Guard Auxiliary also offers a free vessel safety exam for any recreational boat. NOW, THEREFORE, I, Jerrol Friend, Mayor of the Kodiak Island Borough, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 21-27, 3016, as: Safe Boating Week in the Kodiak Island Borough and the start of the year-round eflbrt to promote safe boating. I urge all those who boat to be "Wear It." and practice safe boating habits. O71 w/tuerr wlrfflraf Q7 //= IrAeunto set nT C&rd mrd awe tlt[r ed to hr fir caul Safe Boating Week Proclamation Page 6 of 400 AGENDA ITEM #7.C. k 07ilmd o`affaaA A&ka Prodainativa DECLARING MAY 2016 MENTAL HEALTH MONTH WHEREAS, mental health is essential to everyone's overall health and well-being; and WHEREAS, all Americans experience times of difficulty and stress in their lives; and prevention is an effective way to reduce the burden of mental illnesses; and WHEREAS, there is a strong body of research that supports specific tools that all Americans can use to better handle challenges, and protect their health and well-being; and WHEREAS, mental illnesses are real and prevalent in our nation; and WHEREAS, with early and effective treatment, those individuals with mental illnesses can recover and lead full, productive lives; and WHEREAS, each business, school, government agency, healthcare provider, organization and citizen shares the burden of mental illnesses and has a responsibility to promote mental wellness and support prevention efforts. NOW, THEREFORE, I, Jerrol Friend, Mayor of the Kodiak Island Borough, do hereby proclaim May 2016, as Mental Health Month and urge all citizens, government agencies, public and private institutions, businesses and schools in Kodiak to increase awareness and understanding of mental health, recommit to the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental illnesses at all stages. Q57r wifuarf whomf O-7Irau hemunto set nrq) &emrd and cave Air surf fa be afte! Giffe2 dzke Mental Health Month Proclamation Page 7 of 400 AGENDA ITEM V.C. Mental Health Month Proclamation Page 8 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 9 of 400 0 bn � CO CO 0 0 ru ^�,ru PI LL 2 O O LL O 0 O FY2017 Budget Presentation - Finance Director Dora Cross Page 9 of 400 AGENDA ITEM #7.D. N O N m i . — bA m aD v � o O a0 QL OO +� o v O CO i CO L m -0 m O v a, U Lrn U b.0 4-J O O a) m U to � m O `n Y Q FY2017 Budget Presentation - Finance Director Dora Cross Page 10 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 11 of 400 U � L 0 � o � c_ °, ' C m U C a, t N O f6 � ° U }' cn � co (� CO ate-+ U +-' L c N c v Q- -0 E v E N Q 'c N C M � U Q v L Ev X w U LU ~ C7 FY2017 Budget Presentation - Finance Director Dora Cross Page 11 of 400 AGENDA ITEM #7.D. _ C L CII O d1 N O U _0 0- i _ O 0 ° N -1-'Q 0 0 Ln N N O OOC . U U 0 Lnv v OE v L Uro Q U C: L U N m _O Q LE Uj v o M a,oQj Q v v v }, a o� z N O U U U O N N 0 co 4-J ao c E v (U Q) L (l m W Q OC (! LL W FY2017 Budget Presentation - Finance Director Dora Cross Page 12 of 400 AGENDA ITEM #7.D. N N N E l.L CSA • iJ Q i 5. 'i cn .0 �O N -0 > _0 p - 4- L O Ln Q LJ 'a Ln C:) _ aAv _oo L v a� C a a) +, N a� _0 L v > v v +- o � � � dJ O v Q)Ln X U (IjX a N CO � , to > O cB p O ,� 'aO N Q W E ��_ a 4-J v M X v 0 X� x p 0 .- =3w 4-J(� O N -0 FY2017 Budget Presentation - Finance Director Dora Cross Page 13 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 14 of 400 FU X m f.I Z p p r? P IM1 N S FF to O J NC y o Q obmpmt�N ^ it W a � Oa o0oco �' W �$$' W CO 0 0 0 0 0 4-J L LO O N a x b N �LqS� U Xqm oo Ui � O $�u'� W �� "a <a o C N y �s�ml y Q Y W Y N L q a � � � YGGNOLLV FY2017 Budget Presentation - Finance Director Dora Cross Page 14 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 15 of 400 o Ln T X N \ V LO UQ N �— N 4J.,O Q N Ln �--� W O i+ E o E ++ a, C6 �i L i1 3 n, ru Y o \ N on 41 ra v N X cM-I ? > C fa Qj N N p Q N N aJ N 0- -0 O 4-J N N (Q O M aj v N J N o �`m> x O C O 1 ra u- Cn NN o D _ C O O N `) L (� r -I � p — L 4--� _ O U M ++ CL 1 WO CY) Ccli O T X O CL+ a--+ 0) NN 3 o v X U W o ��� ro v L O X O N N u c .C: C O a1 Q O NN E O) s7777-_" 0 xy' CO -0 0 0 0 0 L E ? f��0 LU ai a FY2017 Budget Presentation - Finance Director Dora Cross Page 15 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 16 of 400 0 0 00 O o _ Ln Ln= m Ln O N r` m m m m o �l 00 i!} m Ln N 3 ci N OA 7 O L ^ ` W m N Lf1 -C Ln Ln o Lrl r\ 4� m c -I r, O co r` 4-O N O O, O Ul ILn A 1 = 7 a) O1 W f0 W T oc v+Ji p D CN p cv Ln Li C ~ U 4J /�/ {�{� .Q O ro fLD m Q N Q Q =_ _ ra Li Qj .� C =3 w E N Ln U C > p t o v FU jro Ln l6 p v U 41 L FY2017 Budget Presentation - Finance Director Dora Cross Page 16 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 17 of 400 _ 0 0 0 0 0 0 0 0 0 0 0 O O On O O O O O u, O O O ui N u1 V1 u1 Ln Lri N O O O N c -i n N N n N r -I in Ln i/? m t/'� O , C6 0 ^' CO 4J QO T O O Ln O O O O O ul O O C: O Ln N Ln u1 in m c -i N N O r9 ON N r -i 14 14 N ri O r4 O r -i C Ln O (OL z v Cu I U (li >v L L R7 N r -i _U U Q1 N Q N Qj fD N U U > 41 L Q -C L t Q U Q QJ Q U Z (n O to Q Ln l!1 j '> N -O = v -C b0 Ur C O -p L UJ L 0r-1 O �••. N J aJ OJ Ln • , f0 O N L u7 Q Ln Q "p > m N of ll -p C >> Z L1 "UE N Ln i— -C Q � to m O O ca Co Q LL CALn Q) _ Q- "O to OD ro 00 ,_ U o Q -O *'„ r0 �e J ro D � O in in O O O o > v 0 L o on C 'n v > N U > co i..� to Y H s I— FY2017 Budget Presentation - Finance Director Dora Cross Page 17 of 400 AGENDA ITEM V.D. 4-J W CO 0 N LL FY2017 Budget Presentation - Finance Director Dora Cross Page 18 of 400 AGENDA ITEM #7.D. f6 L 0 LL V O 4-J V7 Q N � N 4-J L N LL O N C: > LL 0 LL .� CD +j — Q W •U cn >. v 4-, °J L a, 4.-J V cOn O 'v w v > Q- . O L7 � FY2017 Budget Presentation - Finance Director Dora Cross Page 19 of 400 AGENDA ITEM V.D. ai -a c � ';T > lD • V Ol Q r14 Q) Ln Ql � O L O .`I0 O _ N (U >r L Cl) Ln •� O rlj N �^ O� `^ c l 0 r -i u � rn v _ aJ C Ln -0 C + C LO U 4j)- cIUD ) Li •V} 0 Li •v w Li t V) (3) O N C 00 00 LQ Q. � X W 00 bz , — '0 to =3 �O CO C: f6 LL a -J Q) o N r` O N 0 M Ln r4 N FY2017 Budget Presentation - Finance Director Dora Cross Page 20 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 21 of 400 C �J N `� U v m — C6 -C _ C. c Ln v ao o v N p 4 LL �C�� Q) mwv� C6 U L 'Q cn >- M 11A — Z3 -� U rQJ V C: Q) 4-J N LL Z3 (-0 N 4) v O cn N L7 UU ro -0 4-- m E FY2017 Budget Presentation - Finance Director Dora Cross Page 21 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 22 of 400 0 N o a m m m i A N N '^ O O n n y J a O n N E x m c a c � O ' ^ a N u ` W u w o m r w v I > (U n m ry m m X LQ LQ mca N O �p m m LL W n�) (D OO O O O O O O O O O O O O O O O O O O O O O O O O O O O n n n a m ry ti FY2017 Budget Presentation - Finance Director Dora Cross Page 22 of 400 AGENDA ITEM #7.D. 0 O ^ ^ O O O N O O O m N ti O n N W N l0 ry Om mcL 1!1 mm ul N ` n V m N H n m o m � � m �n ;,; v v s ti v va c ry m v~ > V 00 vmrvi '° c c a m vi E o N 00 c co w o v o c 0rO °c m E m C N ry N O 1/Y m —_ N L O N m oS y a v v v m > " ri u ^ p u o u a Q " O c E ib 2 N Q v O c m c m L L L N m N `�° o c E 'N E U m °�° a c E v Y o E an o 0 0 0 0 o v ry c E m m u O c c o o `o °p A` Z x w �n Q w a l7 w m u w Q S ii CO m m W G ■ ❑ ■ ❑ ■ ■ 0 ■ ■ ■ ■ ■ ■ ■ ■ N w E ma°�2E m (n 0^ ommln o ri ri /U� Q W W 1� ^ V o0 l00 � N tD N tp m f'I N N N V tf1 N N dt N Li b N 'i 00 O O O O O O O O O O O O O O O O O O O O O OCD FY2017 Budget Presentation - Finance Director Dora Cross Page 23 of 400 AGENDA ITEM V.D. 0 o m S � g O O- H m m ry C R ry W o W H m C N m 4 m n o N n, C m m ` G y ry d W w N C w w LL ~ C M N i d d d E a v1pi oL E C o E a u o E N A c .'. a ms p E N c 2 u' m = w U a w l7 0. n✓� ^ O mLp m Lp x 4 00 W C C LL 13 1./L � V W e g g O O 9 N Il m N Q lG 1/1 lG O O p pO O O O O O O O O O O . u0i V m o 0 FY2017 Budget Presentation - Finance Director Dora Cross Page 24 of 400 AGENDA ITEM #7.D. N LL FY2017 Budget Presentation - Finance Director Dora Cross Page 25 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 26 of 400 L O vi Q v 1 4-J Cm f 6 O z 0 0 �v � - � U -C 2 > U U 0 LL m . U -0LU O C: u.l � U.j L Q Q) L —0 :3 U_ '4-J C= LU L N N LL ryo N U Qc/f -0 J C: U +J <(1) U v 4 Q Ln O U U Q' NN LL E LU Q) a) Q) ° o b.0 S-- > 4- v N ° O CO U_ a--+ O U C= L > CO 4-J a, N 4-J v v c Q U Cn L L m LL FY2017 Budget Presentation - Finance Director Dora Cross Page 26 of 400 AGENDA ITEM #7.D. N6 -0 X 4-j U) U o >� = to }, t C:�E v � Q Ln o O o L r O L i+-I U Ln N O E CL V) v Q OX > O o vi L O N .� �O m v Ov E � O ma Q 4- aj Q Lnn o U N > N � — v -� O 0 L � W 4O E O O O C: V v Ln o Ln Q) o V) a) r,4 N o > of o v c r-1 co -Ln 4j')- FY2017 Budget Presentation - Finance Director Dora Cross Page 27 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 28 of 400 O N N N N H N �^ N N N N N LL N m � 4—) N N N O N N ��\J CL N •i N r-1 O O � / O O N N 0 g g N 4—j g O N [A! [ N a N W p N OO O O O O O O O O O O 0 0 0 O O O O O O O O O O O O 0 0 O O O O O O O O O O O O N N N N N N N O O] lO V N 'i f1 Y � y L � _ C O CL _0 O C� O Q C 77 U L N LL Ln W FY2017 Budget Presentation - Finance Director Dora Cross Page 28 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 29 of 400 � � N L ?� f6 cn +' Q f0 cn O O rl � Q•— co •U U Ln U— O C:Y co C c! O .— -j-10 � _0LL +-+ 4— O 4-J�O C =34- L.t_ cn O O 4-J Q) N � C:O j � }, O U N ._ }+ `^ O :3U +, _ . -0� O -j _0U _ C ca O O 1p C6 =5O O c0 r -4r -I Q LL Li S O U N O v ,n ��"0 a� v m� 0O 0�= v r,0-0 ,v o NN O Ol L cn N m— U Ol O �fV O'� IL N � r -I C ��� 0 �-0 v of .�-Co CLn'•�► Nm +.'� a--+ 4— _ Q 't/} Q 4— FY2017 Budget Presentation - Finance Director Dora Cross Page 29 of 400 AGENDA ITEM V.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 30 of 400 U E OL U (n 't--+ E N O C: v v7 N Nv aU ' — v U -Q — C C .0 U U O LL '>L �O c/1 C0,0 Q) O L - CL ` >- . N v 4-J d- FO O .� N Q a—+ =3Q O C6 0 U NO • • • Lr) ro 00 U FY2017 Budget Presentation - Finance Director Dora Cross Page 30 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 31 of 400 "' STOZA� �— - °q tiTOZAJ £TOZAj U -- ZTOZAJ C m -. TTOZAd fa OTOZAj CIO 6OOZAJ 8OOZAj ____I_I__ I� LOOZAj ILL 9O0ZAj SOOZAJ r VOOZAA LL 5'ID £OOZAJ cn ZOOZAJ TOOZAJN •• OOOZAJ V m 666TAJ ILL SHIM L66TAJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'ch M O N O cr-i O u1 FY2017 Budget Presentation - Finance Director Dora Cross Page 31 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 32 of 400 � N U U •i fa •U •- Qj L Q U _Ln (/) U 4-J O _0 CL acj .0 � v L. 4— 5 +-+ O U C/) U 0 N N - C G C: +-+ to U U ro > E ca O w N E N U bO - J O _ N L a--+ N te � b.0A a -+ U O v v CL 4-J O U Ca a) N O L L L > LL LL (/) FY2017 Budget Presentation - Finance Director Dora Cross Page 32 of 400 AGENDA ITEM V.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 33 of 400 O Ln O O O N O O u1 O 00 r -I r1 lO 00 • N t/)- tJ� RZI- V) U •� Ln Ln Ln Ln 4-j E E Ln •. O O O O 0 U� U� U� U, N r -I N r -i ^' W U i a a� U > N N UN O N .5 'a rY L fu r -i O O V) _0O CL m 0 CO � [Q Q Q L 5` CO " cn FY2017 Budget Presentation - Finance Director Dora Cross Page 33 of 400 AGENDA ITEM V.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 34 of 400 N (� O O U_ N O O •L rl O O N lO Ln . • rn N c -I 10 N V) - },f6 �� t t/1 v •U _0 Q Vi _0 E cn Ln cn C� 4-J ' Ln O Ln Ln v N Ifl N N N 11LA rl rl rl (6 E+j L "0 +-+ C IL C: Q) N QJ00) L- r, E i1 U _0 O � � ! Z CL N CLN L- N L C 7 a) LL 0 m L 0 CL 4 (1)�— 4-J in O L 0 c/f O C Q m��_ U L a a F- L a L•> •> O 0 m 0 0 L LL > Y Q N FY2017 Budget Presentation - Finance Director Dora Cross Page 34 of 400 AGENDA ITEM #7.D. Vd' O O . _ rH m O L ['?Ili 111 NLn -V)• 0-1-j N U ^, U .L .• W �S. N .L N N _0 N N E E .i.., N O O W o 'eloo o v r-+ W -a o CO O Qj O Qj bn N Ul m Jc v -a 4A :° Q � b.0 :3 J O c,3 O n3 L � � L� a -J O m O m 4 m O p Ln H FY2017 Budget Presentation - Finance Director Dora Cross Page 35 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 36 of 400 O O m w O O O (/� N m O r�lN m 110d M ri N -i vm rte- r LL.. �v Ln U i N O O E > cn bn C6 },C O C +, Q) a C: Q U � _ L L mN ate--' v v o?S � =5� E _ LL w N I— 4 _ E ILL -a -0L = U Q) JO J m FY2017 Budget Presentation - Finance Director Dora Cross Page 36 of 400 AGENDA ITEM #7.D. V) LL a) U V) FY2017 Budget Presentation - Finance Director Dora Cross Page 37 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 38 of 400 Na CL Ovi ra a) C U p c v m o (Ij .v ° cn D w U U Q , L U — O Ln o O b.0 O —_ a, O m E L ai U N _ E U vv) 41 m Ul • > J O N —C N t N co F— V).Ul Q a— 4J U LL ai i �'' v o •; o N o v c -0 ai V) ai ai — +-j E_-0 E cacli Ln o a o o f FY2017 Budget Presentation - Finance Director Dora Cross Page 38 of 400 AGENDA ITEM #7.D. N LL a) V) Q L 4-J LU FY2017 Budget Presentation - Finance Director Dora Cross Page 39 of 400 AGENDA ITEM #7.D. m N N cn N 4-J . C �_ 5 -0.� UO _0 Q. > o w L v O v N o M" 4-J 0c> �. OJ v m o U o bn � U � V)`�— ON O V) � C:c6 N �: C .N O U C Q — O L � V N 4 4– Q N _ _� � bn U `� 'L .L 4A N N O f6 v Q C D O N cn O m +, +-+ O _0 m N U V) O L U a i ate--+ _ �p v L N W � p +� v c N CO N m c .0 W W -0 a N oE -4(---J OU C"L FY2017 Budget Presentation - Finance Director Dora Cross Page 40 of 400 AGENDA ITEM #7.D. v E _0 U C N fQ N Ln m .- Ln f6 L Qj Ln _0Q N bD = N L L 4{J - 0 Q� O C — C m O = '— O N C •U ca Q O p � V) v 0 > M U L - CO a-•+ V) 0 U •� fQ N UO p W a) U =) –C O O O }' CO U W 4 N Ov U O FY2017 Budget Presentation - Finance Director Dora Cross Page 41 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 42 of 400 L N O Qj O t/'► O co O O v Q) Ln I� U cc � m •� r -i cu _0 M LL 4J} Qj Ui N0 V) .� cn v L O a) N (6 U U -W m U Ln CU -0 N O O v co . — N O O -0 co N v� 3 4� o Q L a-0 N `'- o L o CL U-) v Q .N ° ao w ~ FY2017 Budget Presentation - Finance Director Dora Cross Page 42 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 43 of 400 i Q) � C &-- -FU C O a-' F L-' Cli O U rye Q v cn — a- J C O C0 O m -C U O v E L N i ate-+ i Cli to N v O Qj .N O QJ Z .0 O 41 N ate--+ — o LU v v C6 O m ra U -0 ror� — r -I N cJ) L Q v Q � a� a� v � c� a✓ v N m Ov ro a-� 4-j� U — 4-J LA r,3 ate° O U v o v 4 N 4-J Q)O ) . c- r6 4-J 4— 4 O F O � Ln N u- CLO Oo Oo -0 CLO m _ N N i -0 Nol, ON N N 42 FY2017 Budget Presentation - Finance Director Dora Cross Page 43 of 400 AGENDA ITEM #7.D. L 00 U N aA r�- C: m00 o �o r--'. cc 4mJN ca CU rnm 00 U t/) v'� v > OC � -0 N V) .v' ra }, C NO v � � • �, aA o . _ (1)ca _0_ � v J o +� r�o I m ' L.L O (� +-+ -� (VNO I— V) 0 M i— FY2017 Budget Presentation - Finance Director Dora Cross Page 44 of 400 AGENDA ITEM #7.D. FY2017 Budget Presentation - Finance Director Dora Cross Page 45 of 400 fB O 0�1 > : ' v L U LL v O '— - - O O Ln W (1) - v / W _0 4j)- C cr) ul ;J- 'tn Q) l�A Q) Q� L U U — .> f� L- G) N - (3) V) `� '> O Ol �- Y LL FY2017 Budget Presentation - Finance Director Dora Cross Page 45 of 400 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 5. 2016 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2017-01 Establishing the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2016 and Ending June 30, 2017. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: Yes 10,277,500 FUNDS AVAILABLE: Yes Account Number: various Amount Budgeted: 10,277,500 SUMMARY STATEMENT: Per Borough Code, the Assembly determines the total amount of money to be made available from local sources for school purposes and shall furnish the School Board with a statement (resolution) of the sum to be made available. KIBC 3.15.050 provides that by June 10 the Assembly shall appropriate the amount to be made available from local sources for that purpose in the Borough budget. KIBC 3.35.060E provides that the property tax levy for school and municipal purposes shall be separately made and fixed. KIBC 3.60.020 provides that all motor vehicle registration taxes will be allocated to the area wide school system. At a mill rate of 7.75 mills the estimated property tax revenues for education will be $9,997,500 plus motor vehicle tax in the amount of $280,000 for a total allocation of $10,277,500. RECOMMENDED MOTION: Move to adopt Resolution No. FY2017-01. Kodiak Island Borough Resolution No. FY2017-01 Establishing the Minimum Amount of ... Page 46 of 400 AGENDA ITEM #9.A. Resolution No. FY2017-01 Establishing the Minimum Amount of ... Page 47 of 400 1 Introduced by: Borough Manager CORRECTED COPY Requested by: School District Board 2 3 Drafted by: Finance Director Introduced on: 05/052016 4 Public Hearing: 05/052016 5 Adopted on: 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2017-01 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH ESTABLISHING THE MINIMUM AMOUNT OF FUNDS 11 TO BE MADE AVAILABLE FROM LOCAL SOURCES FOR THE 12 KODIAK ISLAND BOROUGH SCHOOL DISTRICT FOR THE FISCAL 13 YEAR BEGINNING JULY 1, 2016 AND ENDING JUNE 30, 2017 14 15 WHEREAS, Kodiak Island Borough Code of Ordinances 3.15.030B provides that the 16 Kodiak Island Borough Board of Education shall submit the proposed budget and local 17 support requirements for the schools by April 30; and 18 19 WHEREAS, the Kodiak Island Borough Board of Education submitted their proposed 20 budget and local support requirements for the schools on April 22; and 21 22 WHEREAS, within thirty days after receipt of the school district budget, the assembly 23 shall determine the amount of funds to be made available from local sources for school 24 purposes and shall furnish the Board of Education with a statement of the sum to be made 25 available; and 26 27 WHEREAS, the amount of funds to be appropriated from local sources for school 28 purposes will be Incorporated Into Ordinance No. FY2017-01, the Borough's fiscal year 29 2017 appropriation and taxy levy ordinance; and 30 31 WHEREAS, FY2017 motor vehicle registration taxes are estimated at $280,000; and 32 33 WHEREAS, the Fiscal Year 2017 assessed value Is estimated at $1,290,000,000 (one 34 billion, two hundred ninety million); and 35 36 WHEREAS, at an assessed value of $1,290,000,000 (one billion, two hundred ninety 37 million) and a mill rate of 7.75 mills the education support fund will receive $9,997,500 in 38 real and personal property tax revenues; and 39 40 WHEREAS, the School District appropriation stated in this resolution may be adjusted as 41 part of the Borough budget process. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 44 BOROUGH that the minimum amount to be made available to the Kodiak Island Borough Kodiak Island Borough, Alaska Resolution No. FY2017-01 Pagel of 2 Resolution No. FY2017-01 Establishing the Minimum Amount of ... Page 47 of 400 AGENDA ITEM #9.A. Resolution No. FY2017-01 Establishing the Minimum Amount of ... Page 48 of 400 45 School District from local sources for the fiscal year ending June 30, 2017 Is set at 46 $10,277,500 for both the direct appropriation and in kind services. 47 48 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE 49 KODIAK ISLAND BOROUGH that a mill levy of at least 7.75 mills for education support 50 will be set for the fiscal year ending June 30, 2017. 51 52 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE 53 KODIAK ISLAND BOROUGH that a determination regarding additional funding may be 54 made available to the Kodiak Island Borough School District based upon federal, stale, and 55 local funding available for the fiscal year ending June 30, 2017. 56 57 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE 58 KODIAK ISLAND BOROUGH any in-kind service expenditures over the budgeted 59 amounts will have to be absorbed by the Kodiak Island Borough School District. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2016 63 64 KODIAK ISLAND BOROUGH 65 66 67 68 ATTEST: Jerrol Friend, Borough Mayor 69 70 71 72 Nova M. Javier, MMC, Borough Clerk _ Kodiak Island Borough, Alaska Resolution No. FY2017-01 Page 2 of 2 Resolution No. FY2017-01 Establishing the Minimum Amount of ... Page 48 of 400 AGENDA ITEM #9.B. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 5. 2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C - Conservation District to I -Industrial District. ORIGINATOR: Jack Maker FISCAL IMPACT: No Account Number: FUNDS AVAILABLE: Amount Budgeted: SUMMARY STATEMENT: This rezone request follows a recent amendment of the 2008 Comprehensive Plan which changed the Future Land Use Designation of the site from Conservation to Industrial/Light Industrial (KIB Ordinance No. FY2016-10). Now that the Future Land Use Designation has been changed, the rezone to I -Industrial is consistent with the adopted Comprehensive Plan. Should the rezone be approved, the owners could then seek permits to establish any permitted or conditional use allowed in the I -Industrial zoning district. The Planning and Zoning Commission held a public hearing on this rezone request at their March 16, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. The Clerk's Office mailed out five public hearing notices on Friday, April 22, 2016. have been received. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-19. Kodiak Island Borough Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 49 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 50 of 400 Kodiak Island Borough �* *t Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 -- Phone (907) 486-9310 Fax (907) 486-9391 clerks,cr kodiakak-us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday. May 5. 2016, at 6:30 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. FY2016-19 Rezoning Lot 1, Sawmill Subdivision From C -Conservation District To I -Industrial District. (P&Z Case No. 16-011). 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 234, Kodiak, AK 99615 prior to 4:30 p.m. on May 5, 2016. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments' • Map • Public hearing form • Ordinance No. FY2016-19 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 50 of 400 AGENDA ITEM #9.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 51 of 400 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C -Conservation District to 1 -Industrial District. (P&Z Case No. 16-011). I � . V� qp e� e X p0 �s b Lepercl 0 Subject PartN ZorcE LLanservatian e 8 .1 �`q _✓ sj- Zoning Legend I� Public Use Lands Q Rural Residential 1 = M lb Family Residential M Light Industrial ® Watershed ® Rural Residential 2 EM Busness Rural Nelghbomood Commercial 0 Consemban Single Family Residential Retail Buslness Urban Neighborhood Cormnercial 0 Rural Residential Q Talo Family Residential ® Indlstrial Q Natural Use Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 51 of 400 AGENDA ITEM O.B. PUBLIC HEARING FORM Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C -Conservation District to I -Industrial District. (P&Z Case No. 16-011). ❑ This is in support of changing the future land use designation. ❑ This is in opposition of changing the future land use designation. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerksPkodiakak.us, faxed to 907-466-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 4:30 P.m. on Thursday. May 5. 2016. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 52 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 53 of 400 Introduced by Borough Manager Requested by: Planning and Zoning 1 Commission 2 Drafted by: Community Development 3 Introduced: 04/21/2018 4 Public Hearing: 05/05/2016 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-19 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOT 1, SAWMILL SUBDIVISION FROM C- 11 CONSERVATION DISTRICT TO I -INDUSTRIAL DISTRICT (PBZ CASE 12 NO. 16.011) 13 14 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises planning, 15 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16 Statutes; and 17 18 WHEREAS, In accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace 20 the 1968 Comprehensive Plan; and 21 22 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 23 with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; and 24 25 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessfty, convenience, 26 general welfare or good zoning practice requires, the assembly may, by ordinance and 27 after report thereon by the commission and public hearing as required by law, amend, 28 supplement, modify, repeal or otherwise change these regulations and the boundaries of 29 the districts;" and 30 31 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 1, 32 Sawmill Subdivision from C -Conservation District to I -Industrial District; and 33 34 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 35 17.205.040, the Commission considered the merits of the rezone request; and 36 37 WHEREAS, the Commission voted to recommend to the Borough Assembly that Lot 1, 38 Sawmill Subdivision be rezoned from C -Conservation District to I -Industrial District finding 39 that the public necessity, convenience, general welfare, and good zoning practice would 40 be enhanced by such action; and 41 Kodiak Island Borough, Alaska Ordinance No. FY2018-19 Page 1 of 2 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 53 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 54 of 400 42 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 43 and approved by the Borough Assembly. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH that: 47 48 Section 1: This ordinance is not of a general and permanent nature and shall not 49 become a part of the Kodiak Island Borough Code of Ordinances; and 50 51 Section 2: Lot 1, Sawmill Subdivision is hereby rezoned from C -Conservation District 52 to I -Industrial District. 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF 2016 56 57 58 KODIAK ISLAND BOROUGH 59 60 61 62 Jerrol Friend, Borough Mayor 63 64 ATTEST: 65 66 67 68 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-19 Page 2 of 2 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 54 of 400 AGENDA ITEM #9.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 55 of 400 n f m m m m m m a NI i a a a a a a L Y Y Y Y Y Y ul a a a a a a 0 0 0 0 0 0 Y Y Y Y Y Y Z W C Z 0 a Z Z J a I U a Z H Z a i 'a 3 u o x ¢ ¢ O x m I �j n m rd n E 00 0 0 JI o m 2 m a m o ¢ so � n a ¢ n � x o � a O ¢ m Wag 00 a oo� E w Y a O Y s .2 NY U a N E c I� a v 1 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 55 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 56 of 400 Introduced by: Borough Manager Requested by: Planning and Zoning 1 Commission 2 Drafted by: Community Development 3 Introduced. 04/212106 4 Public Hearing: 5 Adopted'. 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016.19 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOT 1, SAWMILL SUBDIVISION FROM C- 11 CONSERVATION DISTRICT TO I -INDUSTRIAL DISTRICT (PBZ CASE 12 NO. 16-011). 13 14 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises planning, 15 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16 Statutes; and 17 18 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace 20 the 1968 Comprehensive Plan; and 21 22 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 23 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 24 25 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, 26 general welfare or good zoning practice requires, the assembly may, by ordinance and 27 after report thereon by the commission and public hearing as required by law, amend, 28 supplement, modify, repeal or otherwise change these regulations and the boundaries of 29 the districts;" and 30 31 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 1, 32 Sawmill Subdivision from C -Conservation District to I -Industrial District; and 33 34 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 35 17.205.040, the Commission considered the merits of the rezone request; and 36 37 WHEREAS, the Commission voted to recommend to the Borough Assembly that Lot 1, 38 Sawmill Subdivision be rezoned from C -Conservation District to I -Industrial District finding 39 that the public necessity, convenience, general welfare, and good zoning practice would 40 be enhanced by such action; and 41 42 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 43 and approved by the Borough Assembly. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH that: 47 48 Section 1: This ordinance is not of a general and permanent nature and shall not 49 become a part of the Kodiak Island Borough Code of Ordinances; and 50 51 Section 2: Lot 1, Sawmill Subdivision is hereby rezoned from C -Conservation District 52 to I -Industrial District. Kodiak Island Borough, Alaska Ordinance No, FY2016-19 Page 1 of 2 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 56 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 57 of 400 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF 2016 56 57 58 KODIAK ISLAND BOROUGH 59 60 61 62 Jerrol Friend, Borough Mayor 63 64 ATTEST: 65 66 67 68 Nova M. Javier, MMC, Borough Clerk 69 70 Kodiak Island Borough, Alaska Ordinance No. FY2016-19 Page 2 of 2 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 57 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 58 of 400 Kodiak Island Borough * * * Community Development Department * * �; .. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486.9363 Fax (907) 486-9396 www.kodiakak.us March 18, 2016 Ms. Doreece Mutch Surf and Turf, LLC PO Bax 1753 Kodiak, AK 99615 Re: Case 16-011. Request a rezone of Lot 1, Sawmill Subdivision from C -Conservation to (- Industrial (KIBC 17.205). Dear Ms. Mutch: The Kodiak Island Borough Planning & Zoning Commission at their meeting on March 16, 2016 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: Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 58 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 59 of 400 FINDINGS OF FACT 1. The rezone will recognize long standing Industrial uses on this site. 2. The lot is of sufficient area and provides suitable building sites for industrial use. 3. The lot is adjacent to I -Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The 1 -Industrial zoning performance standards listed in KIBC 17.105.060 should further ensure that there are no negative impacts with future industrial development. 6. The rezone is consistent with the adopted 2008 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for Identifying new Industrial locations. The rezone will also further Implement various objectives of the plan. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. 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, Roe� de Director, Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Page 2 of 2 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 59 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 60 of 400 Kodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes Applicable to Case No. 16.011 March 16, 2016 Regular Meeting 6:30 pm-Bomugh Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the March 16, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Jay Baldwin, Barry Altenhof, Maria Painter, Alan Schmitt, and Greg Spalinger A quorum was established. Community Development Department staff present was Director Pederson, Jack Maker, Sara Mason, and Sheila Smith. PUBLIC HEARINGS C) CASE 16-011. The applicant Is Surf and Turf, LLC and the agent is Doreece Mutch. Request a rezone of Lot 1, Sawmill Subdivision from C -Conservation to I -Industrial (KIBC 17.205). The location Is 1667 Monashka Bay Road and the zoning Is C - Conservation. Note: 6 public hearing notices were mailed on December 15 and 1 response was received. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1, Sawmill Subdivision from C -Conservation District to I -Industrial District and to adopt the findings of fact listed in the staff report entered Into the record for this case as "Findings of Fact" for Case No. 16-011. Director Pederson stated as you know the commission and the assembly recently adopted the Comprehensive Plan Amendment for this site to correct (inaudible) like the other case on tonight's agenda to correct an error In the Comp Plan Update in 2008 that got the mapping wrong. Although the zoning Is correct as Conservation, it is now the future land use designation is Industrial so as we put forth in our staff report we think it's appropriate that this property be rezoned to Industrial. It's conistant with the Comp Plan and there are adequate buffers in place with the greenbelt area of the borough owned property to the north and northeast of this site. There's also a platted greenbelt designation on Lot 2 of Sawmill Subdivision that paralells the Monashka Bay Road there. It also reflects the long standing Industrial and Business uses of this property and we recommend approval. Open public hearing: None Close public hearing: CHAIR ARNDT stated he'd like to see an amendment that returns the $1000 application fee on this case because the Old Harbor Comp Plan Amendment and Rezone change was handled with one fee. It's only appropriate that this fee be refunded because they paid $1000 fee for the Comp Plan Amendment. COMMISSIONER SPALINGER MOVED TO AMEND the motion to refund the $1000 application fee for this case due to already paying the $1000 fee for the Comp Plan Amendment. Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 1 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 60 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 61 of 400 Director Pederson said he will take that as a recommendation to the Manager because the fees are not part of what the Planning and Zoning Commission does so we will be glad to make that recommendation to the Manager. FINDINGS OF FACT 1. The rezone will recognize long standing industrial uses on this site. 2. The lot is of sufficient area and provides suitable building sites for Industrial use. 3. The lot is adjacent to I -Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively Impacting the surrounding area. The I -Industrial zoning performance standards listed In KIBC 17.105.060 should further ensure that there are no negative Impacts with future Industrial development 6. The rezone is consistent with the adopted 2006 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for Identifying new industrial locations. The rezone will also further implement various objectives of the plan. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 2 Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 61 of 400 AGENDA ITEM O.B. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: MARCH 18, 2015 Ceae No. 18-011 Inimduglon Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 62 of 400 N Location and Zoning Map wr- J z Zoning and Location Request: A rezone of Lot 1, Sawmill Subdivision Surf Turf, LLC L pplicaiit: and .. I/ 0' I o ✓�� e� 4 i�Lee.nd BuEJeq Perrel2anetl C -Conservation ✓ F y 'S v \ cf Zoning Legend Q Public Use Lands Q Rural Residential 1 Multi Family Residential Light Industrial Q Watershed Rural Residential Q Business ® Rural Neighborhood Commercial Conservation Q Single Family Residential Q Retail Business Urban Neighborhood Commercial Q Rum] Residential 0 Two Family Residential Indusldal Q Natural Use NMleh letens a.- an htlplMww.ModleMek.uVgh(907)4W2337 Communey Development!%agmen! mY'MmK %�K�Vne'llbmnyl'pY rpm'�M.em'. __--Amne Poape �UnmmlructeC RWM o1 MYe Ceae No. 18-011 Inimduglon Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 62 of 400 Image Overlay Request: A rezone of Lot 1, Sawmill Subdivision Case No. 16-011 from C -Conservation to I -Industrial (KIBC 17.205). Applicant: Surf and Turf, LLC Agent: Doreece Mulch r, i n. n�yyJy Y��.�yM r bry`� log s AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 64 of 400 PNo aoq PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MARCH 16, 2016 Y Y Pm 0 e'1 4LASItY STAFF REPORT AND RECOMMENDATION Case No. 16.011. A rezone of Lot 1, Sawmill Subdivision from C -Conservation to I -Industrial KIBC 17.205). DATE: March 2, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the March 16, 2016 Regular Meeting CASE: 16-011 APPLICANT: Surf and Turf, LLC AGENT: Doreece Mulch LOCATION: 1667 East Monashka Bay Road LEGAL DSC: Lot 1, Sawmill Subdivision ZONING: C -Conservation FUTURE LAND USE DESIGNATION: Industrial/Light Industrial NOTICE: Six (6) public hearing notices were mailed on February 5, 2016. One (1) public hearing notice was returned as of the date this report was prepared. SITE VISIT: Various 1. Zoning History: • Not classified by the 1968 Comprehensive Plan. • Zoned C -Conservation by Ordinance 1977-15-0. • Rezone to I -Industrial denied by Assembly (Case No. 84-085). • Rezone to I -Industrial denied by Commission (Case No. 91-037). • Rezone to B -Business denied by Assembly (Case 91-042). • Rezone to LI -Light Industrial denied by Commission (Case No. 06-012). 2. Lot Size: 15 Acres 3. Existing Land Use: Sawmill, warehouses (2), and outdoor storage. 4. Surrounding Land Use and Zoning: KIB landfill and leachate treatment facility zoned I and vacant parcels zoned NU and C. Nearest residential development (single-family residences zoned RR1) is approximately 250' to the northwest and is separated by a vacant lot zoned NU. 5. Comprehensive Plan: • Designated Unclassified by the 1968 Comprehensive Plan. • Designated Business by the 1985 Monashka Bay Comprehensive Plan. • Designated Open Space/Recreation by the 2008 Comprehensive Plan. 'Note: It appears this designation may be a mapping error, as no other private property was designated Open Space/ Recreation in the 2008 Comprehensive Plan Update. In Casa No. 164)11 Ste Report and Rewmmendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 64 of 400 AGENDA ITEM #9.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 65 of 400 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MARCH 79, 2079 *104 addition, adjacent Borough land Is shown as Commercial/ Business and no other Borough owned land is so designated. • Designated Industrial/Light Industrial by KIB Ordinance No. FY2016-10. 6. Current Comprehensive Plan Future Land Use Designation Definition: Industrial/Light Industrial: This designation covers Industrial uses such as warehouses, manufacturing facilities, and other uses allowed in the Borough's I -Industrial and LI -Light Industrial zoning districts. 7. Aoolicable Reoulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). 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. 17.205.020 Report from Planning and zoning commission (Amendments and changes) The commission shall report In writing to the assembly on any proposed change or amendment regardless of the manner in which such change Is Initialed 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. 17.205.055 Submission to assembly (Amendments and changes) A. Within 30 days after the 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 commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act In accordance with this chapter, and notice shall be issued as provided in KISC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment; its action shall be final unless the Initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. Case No. 16.011 Staff Report and Remmmendalion Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 65 of 400 AGENDA ITEM #9.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 66 of 400 PUBLIC HEARING ITEM 7-C P 6 Z REGULAR MEETING: MARCH 18, 2018 Y I i w�waxw STAFF ANALYSIS This is a request to rezone the site from C -Conservation to I -Industrial. This action follows a recent amendment of the 2008 Comprehensive Plan which changed the Future Land Use Designation of the site from Conservation to IndustriaVLlght Industrial (KIB Ordinance No. FY2016-10). Now that the Future Land Use Designation has been changed, a rezone to I - Industrial will be consistent with the adopted Comprehensive Plan. Should the rezone be approved, the owners could then seek permits to establish any permitted or conditional use allowed In the I -Industrial zoning district. ZONING AND CURRENT USES The current zoning is C -Conservation. Existing uses on the property are: • Sawmill: Established prior to June 5, 1980. In 1984, sawmills were added as a conditional use for C -Conservation zoning. In 1985, a Conditional Use Permit was approved to bring the sawmill Into compliance with Borough zoning code (Case No. 85-067). • Warehouse/Outdoor Storage: Two warehouses are established on the lot. These warehouses and associated outdoor storage were permitted by an Exception granted in 1991 (Case No. 91-042). In October of 1992 the Exception procedure was eliminated from Borough zoning code. At that time, the warehouses and outdoor storage became legal nonconforming (grandfathered) uses. These existing uses are appropriate in an industrial area and they are listed as permitted uses In I -Industrial zoning. Accordingly, a rezone to I -Industrial will eliminate the nonconforming warehouse and outdoor storage uses. RECENT DEVELOPMENT TRENDS IN THE AREA The most recent development in the area Is the expansion of the landfill, a new leachate treatment facility, and a new composting facility on the adjoining landfill tract. PREVIOUS REZONE ATTEMPTS Four previous rezone requests for this site were denied; two to I -Industrial, one to B -Business, and one to LI -Light Industrial. Those rezones were denied primarily due to public concern over Inadequate buffering between the nearby residential neighborhood, potential offsite Impacts (e.g., nolse, odors, and fumes), and inconsistency with the 1985 Monashka Bay Comprehensive Plan. NEW CIRCUMSTANCES The 1985 Monashka Bay Comprehensive Plan was superseded by the 2008 Comprehensive Plan. As noted in the 2008 plan, the Individual plans are still relevant as a source of Information on some topics. The 2008 plan also slates that "when an Inconsistency related to land use planning goals or designations exists between the plans, this plan shall take precedence."The rezone is consistent with the applicable Future Land Use Designation and various land use planning goals listed in the 2008 plan (addressed later in this report). At the time of previous rezone requests, the area northeast of the site was zoned PL -Public Use Lands, with all other abutting parcels zoned C -Conservation. The site is now adjacent to and east of I -Industrial zoning at the landfill site. The area to the north is zoned NU -Natural Use and to the southeast is C -Conservation zoning. The changes to the surrounding zoning make the Cam No. 1M11 Staff RWW and Raoommendatlon Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 66 of 400 AGENDA ITEM #9.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 67 of 400 pN. oCp PUBLIC HEARING ITEM 7-C 0 P 8 Z REGULAR MEETING: MARCH 16, 2016 L ALY3M4 site appear more suitable for I -Industrial zoning than during past rezone attempts. COMPREHINSIVE PLAN GUIDANCE FOR IDENTIFYING NEW INDUSTRIAL LOCATIONS The adopted Comprehensive Plan states that "in assessfng the need and most appropriate locations for new industrial land, consider the following factors": • The need to support potential economic growth sectors. The level of need should be based on an assessment of trends In population growth and In specific economic sectors, Including a realistic assessment of their potential within the KIS. • Staff Analysis: The local population trend Is Oat to declining and there is no Indication of that trend reversing in the foreseeable future. Stable or declining populations do not necessarily correspond to a reduced need for industrial uses. With our economy's reliance on the fishing Industry, marine related services, Including warehousing and outdoor storage, are continuously in demand. • Proximity to adequate public facilities, Including roads, water and air transport facilities, as well as water and wastewater treatment facilities. • Staff Analysis: The lot is served by an established arterial roadway (East Monashka Bay Road) that is capable of supporting traffic generated by the full range of Industrial uses. The lot is served by an onsite well and septic system. Any expanded or new Industrial development would be served by these facilities. Future industrial development may require expansion or upgrades to these systems. If municipal water and sewer were extended to the area, development potential would substantially Increase. • Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. • Staff Analysis: - The lot is adjacent to and east of the landfill and leachate treatment facility. The site also abuts NU -Natural Use zoning to the northwest and northeast. This land (owned by the Borough) provides a vegetative buffer and physical separation between the site and the nearest residential development (over 250' to the northeast). The area to the northwest Is also encumbered by a greenbelt established by KIS Ordinance No. 96-06'. The subject lot also abuts East Monashka Bay Road to the southeast. The plat for Sawmill Subdivision established a 50' greenbelt on this lot parallel to the road right-of-way. The Plat note states that "The area shown as a greenbelt shall not be altered from its natural state." Given these circumstances (i.e., physical separation, a greenbelt buffer, and the plat restriction), this site appears suitable for industrial use, without creating Incompatible land use conflicts for residential uses at least 250' away. Industrial uses on this site should be compatible with the adjoining landfill development. By way of comparison, it should be noted that other I -Industrial zoned areas in Kodiak are nearby or adjacent to residential zoning. These areas do not have the extent of ' Staff Report Exhibit A 2 Staff Report Exhibit B Case No. 16-011 Staff Repod and Recommendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 67 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 68 of 400 N PUBLIC HEARING ITEM 7-C P S Z REGULAR MEETING: MARCH 19, 2016 Y f » L ALASKA buffers and separation that are associated with this site. Those areas have coexisted with surrounding residential zoning and uses for decades. Accordingly, this lot should be capable of accommodating the full range of Industrial uses without negatively Impacting the surrounding area. The I -Industrial zoning performance standards of KIBC 17.105.060 should further ensure that there are no negative Impacts with future Industrial development. • Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. • Staff Analysis: The lot is of sufficient area (15 acres), appears to be adequately buffered, and provides suitable building sites for the full range of Industrial uses. COMPREHENSIVE PLAN CONSISTENCY The proposed rezone is consistent with the Industrial/Light Industrial Future Land Use Designation and the following goals, policies, and Implementation actions of the adopted 2006 Comprehensive Plan: • Land Use Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. • Policy., Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards, and other means. • Policy., Zone land to meet future housing, commercial, Industrial, and otherland needs. o Implementation Action: Identify an adequate supply of land in each community to meet future residential needs 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 might affect development. Consider use of public or private Native -owned land to help meet these needs. o Implementation Action: Evaluate the need and recommend specific sites for commercial and Industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. o Implementation Action: Identify potential future landfill sites and zone surrounding areas for compatible (le., nonresidential) uses. o Implementation Action: Address the fishing Industry's needs for gear storage through local land use controls. o Implementation Action: Conduct an industrial lands study that identifies preferred areas for future Industrial and commercial development. • Land Use Goal., Continue to update and improve the effectiveness of Borough policies, plans, regulations, andprocedures. o Implementation Actlow Review and analyze area zoning to determine the need and potential placement of Industrial property zoning if needed. • Economic Goal: Regulate land uses to protect industrial uses and minimize conflicts with Can No. 16411 stall Report aM ReoammeMation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 68 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 69 of 400 Ppo ooy PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MARCH 16, 2016 r A o - �i a�nsKn adjacent uses. The rezone is also consistent with the following 1985 Monashka Bay Comprehensive Plan land use goal and objectives: • Land Use Goal: To work towards eliminating existing conflicts in the land use patterns within the Monashka Bay area and to plan for low intensity development that preserves the land use integrity of the residential areas and concentrates commercial and industrial development in strategic locations. • Obiective: Establish zoning patterns to ensure that land use types am separated by natural and manmade boundaries that effectively buffer potentially conflicting land uses from each other. • Obiective: Maintain the general pattern of existing land uses while providing suitable land use areas for expected community growth. CONCLUSION Staff recommends the rezone is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Case No. 16-611 Staff Report and Recommendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 69 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 70 of 400 PNS BOq PUBLIC HEARING ITEM 7-C P a Z REGULAR MEETING: MARCH 16, 2016 Y G Pu 0 - O'i 4LA91(Y 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 Lot 1, Sawmill Subdivision from C -Conservation District to I -Industrial District and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-011. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The rezone will recognize long standing industrial uses on this site. 2. The lot is of sufficient area and provides suitable building sites for industrial use. 3. The lot is adjacent to I -Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The I -Industrial zoning performance standards listed in KIBC 17.105.060 should further ensure that there are no negative impacts with future industrial development. 6. The rezone is consistent with the adopted 2008 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for identifying new industrial locations. The rezone will also further implement various objectives of the plan. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case No. 16-011 staff Report and Rs=mendabon Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 70 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 71 of 400 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MARCH 15, 2016 Staff Report Ex h—i NY A Page 1 of 3 Introduced by: Mayor Selby Requested by: Engineering/ Facilities Depertmant Drafted by: EnOronrnental Engineer Introduced: 04/07/98 Public Hearing: 04/16/98 Adopted: 04/16/98 KODIAK ISLAND BOROUGH ORDINANCE NO. 98-06 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REPEALING ORDINANCE NO. 87-15-0 RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN TO RESERVE AN AMENDED GREENBELT COMMON BOUNDARY OF THE MONASHKA BAY ROAD SERVICE AREA AND BALER/LANDFILL WHEREAS, the Monashka Bay Road Service Area shares a common boundary with the Kodiak Island Borough baler/landfill site; and WHEREAS, the Monashka Bay Road Service Area requested the Kodiak Island Borough restrict activities along the two hundred foot (200') common boundary of the service area and ADL 44355, as well as within a two hundred foot (200') buffer surrounding a former beaver pond; and WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No. 87-15-0 reserving certain Borough lands as a vegetative screen and greenbelt; and WHEREAS, the Monashka Bay Road Service Area board approved a request of the Borough to change the greenbelt to accommodate landfill expansion; and WHEREAS, this reservation will serve as a visual and sound barrier separating activities at the landfill site from residences in the road service area; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough code of Ordinances. Section 2: Ordinance No. 87-15-0 is hereby repealed to be reenacted by this ordinance to reserve a greenbelt along the common boundary of the Monashka Bay Road Service Area and ADL 44355 described as follows: Beginning at the most westerly corner of Lot 1, Sawmill Subdivision, Plat No. 84-46; Kodb4 lalmd Ira—,h. AlnYs O,dn.. Na. 9641e Pape 1 011 Casa Na. 16-011 Staff Report and Recommendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 71 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 72 of 400 PUBLIC HEARING ITEM 7-C P a Z REGULAR MEETING: MARCH 18, 2018 Staff Report Exhibit A Page 2 of 3 (1) thence, N37 °16'44"W, 264.04 feet., (21 thence, S55 900'71 "W, 491.62 feet 0 thence, S85*21'00"W, 171.78 feet; (4) thence, N34 39'00'W, 411.00 feet; (51 thence, N25 21'00"E, 739.00 feet; (6) thence, N63 3246"E, 1486.67 feet; (7) thence, N27 42'18"W, 1,163 feet, more or less, to the Mean High Water Line along Monashke Bay,• (8) thence, northeasterly, approximately 2,100 feet, more or less, along said Mean High Water Line to the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fd11 Site Survey; 191 thence, along the common boundarybetween U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey SOD 90233 `E, 3093.17 feet mora or less, to the southwesterly corner of U.S. Survey 1678, common with the most northerly comer of Lot 2, Sawmill Subdivision; 110) thence, S29 °45'32 "W, 255.77 feet along the northerly boundary of Lot 2 of said subdivision; (11) thence, S4325'09 "W, 1328.77 feet along the northerly boundary of Lot 1 of sold subdivision, to the Point of Beginning. Containing 80.28 acres, more or less. Section 3: This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the exception of the activities necessary for health purposes, such as a settling pond for leachate for the landfill, with the concurrence of the Monashke Bay Road Service Area board. Section 4: Park development may occur an Lot 2, Sawmill Subdivision with the concurrence of the Monashka Bay Road Service Area board. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF APRIL, 1998 KODIAK ISLAND BOROUGH Jer TOM. S 18y{� 0 ,^ Gary ens, Presiding Officer ATTEST: Pbv. � �xzcc f onne)) F. Smifh, CMC/AAE, Borough Clerk Kodak Island "clean. Alaska OrOn,nc, Na. 98-06 Pap.2:12 Case No. 16-DI1 Staff Report and Recommendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 72 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 73 of 400 PUBLIC HEARING ITEM 7-C P 9 2 REGULAR MEETING: MARCH 19, 2019 Staff Report Exhibit A Page 3 of 3 11 \ I m. •4 � s•� �' .. �. a Nnar ": I Caee No. 1e-011 Staff Report and Recommendation Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 73 of 400 AGENDA ITEM #aa Ordinance No. R3,&,gRezoning Lot tSawmill Subdivision ... %@74@400 tit | \y �®y! � \%! .`� '46 p . \ � {2 Ordinance No. R3,&,gRezoning Lot tSawmill Subdivision ... %@74@400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 75 of 400 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING'. MARCH 16, 2016 Introduced by: Borough Manager Requested by: PBZ Commission 2 Drafted by: Community Development 3 Introduced: XXIXX/2016 4 Public Hearing: 5 Adopted. 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOT 1, SAWMILL SUBDIVISION FROM C- 11 CONSERVATION DISTRICT TO I -INDUSTRIAL DISTRICT (PBZ CASE 12 NO. 16-011). 13 14 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises planning, 15 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16 Statutes; and 17 18 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace 20 the 1968 Comprehensive Plan; and 21 22 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 23 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 24 25 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, 26 general welfare or good zoning practice requires, the assembly may, by ordinance and 27 after report thereon by the commission and public hearing as required by law, amend, 28 supplement, modify, repeal or otherwise change these regulations and the boundaries of 29 the districts;" and 30 31 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 1, 32 Sawmill Subdivision from C -Conservation District to 1 -industrial District; and 33 34 WHEREAS, at an advertised public hearing, Consistent with Kodiak Island Borough Code 35 17.205.040, the Commission considered the merits of the rezone request; and 36 37 WHEREAS, the Commission voted to recommend to the Borough Assembly that Lot 1, 38 Sawmill Subdivision be rezoned from C -Conservation District to I -Industrial District finding 39 that the public necessity, convenience, general welfare, and good zoning practice would 40 be enhanced by such action; and 41 42 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 43 and approved by the Borough Assembly. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH that: 47 48 Section 1: This ordinance is not of a general and permanent nature and shall not 49 become a part of the Kodiak Island Borough Code of Ordinances; and 50 51 Section 2: Lot 1, Sawmill Subdivision Is hereby rezoned from C-Conservalion District 52 to kIndustrial District. Kodiak Island Borough, Alaska Ordinance No. FY2016-XX Page 1 of 2 Case No. 16-011 Draft Ordinance Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 75 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 76 of 400 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING'. MARCH 19, 2016 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF 2016 56 57 58 KODIAK ISLAND BOROUGH 59 60 61 62 Jerrol Friend, Borough Mayor 63 64 ATTEST: 65 66 67 68 Nova M. Javier, MMC, Borough Clerk 69 70 Kodiak Island Borough, Alaska Ordinance No. FY2016-xx Page 2 of 2 Casa N. 1"11 Graft Ordinance Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 76 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 77 of 400 PUBLIC HEARING ITEM 7A P is Z REGULAR MEETING: MARCH 16, 2016 v. Kodiak Island Borough Prin[Form Submitby Email Community Development Department 710 Mill Bay Rd Rm 205 Kodlak AK99615 Ph. 19071486. 9362 Fax (9071486.9396 html/wwwkodlakakus PROP_IO aa0yln Application for Rezone KIBC 17.205 I/n CII The following Inlormatlon Is to be supplied by the Applicant: II Property Owner Applicant: S o Ttl F LL / 4K /' Mailing Address: PQ In A." 753 ��% All �iA/.� Phone Number. :m 9 :5-90 Other Contact email, etc.: kdztk4 INL LQ jWAU-GGrn Block Lot: Legal Description: Subdv, 1m �/ L n Stree[Address: 7�J'J.9.✓AdA A Ls4V .�1' Current Zoning: CwaxGrLhtri,✓ Proposed Zoning: .I,er:1,ST/i/IL Applicable Comprehensive Plan: 4,,,,veied 6..IpCAkfice RAa/ Explanation of the need &justification for a change or amendment of zoning: r�74 4 77- T Explanation of the effect such a change or amendment would have an the objectives of the applicable comprehensive plan: T' 'IL' tit Zj 'C'� JAN 13 2w KMIAv mi n r. ,. ,..,...... _ FI �t Dale: /—Iz-/4 Signature: / Casa No, 16-011 Application Package Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 77 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 78 of 400 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: MARCH 16, 2016 CDD staff certification Date: 7 CDDStaR: Payment Verificatbn Fee Payable In Csshlefs .Rooms toa- III floor of Borough BuRding Not Applicable x saDo Less than las acres: r 5350.00. 1.76 to 5.00 saes: x $750.00 /l 5.01 to 40.00 acres: x5/51,000-00 R/ 40A1 acres or more: r s1=,00 Case No. 16.011 Application Package . Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 78 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 79 of 400 PUBLIC HEARING ITEM RC P a Z REGULAR MEETING'. MARCH 16, 2016 PAYMENT DATE Kodiak Island Borough I� BATCH NO. 01113/2015 710 Mill Bay Rd. 2016-00000226 COLLECTION STATION Kodiak, AK 99815 11 \\�h' RECEIPT NO. CASHIER,A W 2016.00000606 RECEIVED FROM CASHIER SURF AND TURF, LLC Teresa Medina }III1�1 DESCRIPTION 3 1657 MONASHKA BAY RD aubeldslon Fee Subdidsion Fee $1,000.00 APPLICATION FOR REZONE PID 22016 Payments: Type Detail Amount Check 1325 $1,000.00 Total Amount: $1,000.00 Customer Copy Pdnt,d h¢ T... M,di,a Pao, 1 n/ 1 01113t2a16 01:11:19 PM Case No. 16011 Application Package Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 79 of 400 AGENDA ITEM O.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 80 of 400 PUBLIC HEARING ITEM r -C P 6 Z REGULAR MEETING'. MARCH 16, 2016 ° "A # n Kodiak Island Borough A A Community Development Department E p 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 '°'' Phone (907) 486-9363 Fm(907)486-9396 www.kodiakak.us February 5, 2016 Surf & Turf, LLC PO Box 1753 Kodiak, AK 99615 Re: Case 16.011. Request a rezone of Lot 1, Sawmill Subdivision from C -Conservation to I -Industrial (K03C 17205). Dear Ms. Mulch: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their March 16, 2016 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, Match 9, 2016 at 6:30 p.m. in the Borough Conference Room (8121), the Commission will hold a packet review work session for the purpose or reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet inview work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486.9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation, Sincerely, Sheila Smith, Secretary Community Development Department Case No, 16011 Public Comment Package Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 80 of 400 AGENDA ITEM #9.B. PUBLIC HEARING ITEM 7-C P a 2 REGULAR MEETING: MARCH 18, 2018 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486.9363 www.kodiakak.us A public hearing will be held on Wednesday, March 16, 2016. 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: 16-011 APPLICANT: Surf and Turf, LLC AGENT: Doreece Mulch REQUEST: A rezone of Lot 1, Sawmill Subdivision from C -Conservation to (-Industrial (KIBC 17.205). LOCATION: 1667 Monashka Bay Road ZONING: C -Conservation This notice is being sent to you because our records indicate you arc a property owner/interested parry in the area of the request. tryout 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 nYeived by 5 nm- T'uesdey. march I. 2016 to be considered by the commission. If you would like to fax your comments to us, our fax number is'. (907) 486-9396, or you may email your comments to ssmilh rPkndiakak.us. If you would like to leslify 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 1-855492-9202. One week prior to the regular meeting, an Wednesday, March 9, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room is 121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Nrmr. Mailing Address: Your Property dneriptlw: Continent,: Caw No. 1a411 Public Comment Package Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 81 of 400 AGENDA ITEM O.B. PUBLIC HEARING ITEM l -C P & Z REGULAR MEETING. MARCH 16, 2016 Case 16-011 Location Request a rezone of Lot 1, Sawmill Subdivision 1667 Monashka Bay Rd. from C -Conservation to I -Industrial (KIBC 17.205). Applicant Surf & Turf, LLC Im— MA OWN Al pr:W/1�.�O SO! �1� Case No. 16.011 Public Comment Package Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 82 of 400 AGENDA ITEM #9.B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 83 of 400 Y 4 ^ry NIm r r r r r i f m m m m m m �QK W W� R S l7 NI U� A Y Y Y Y Y Y a a a a a of Y X X X X Y � lila a a a a a rc � O O O O x O m a 0 c w Z O v H C 2 JI a m — O N a W cU Z U a u Z a W n Z Z a b a U 3 U 0 � l7 U u m Y n z m m I� n m oL n eel J F x x O 2 0 — m m m 0O a N O a U 2 J � O � a o 0 0 m s a m za a J Q Q F LL awg$o� Z Q O x nl 2 f o o IV f Y u a N E c Ij Wa a Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 83 of 400 AGENDA ITEM O.B. PUBLIC HEARING ITEM 7-C P 8 2 REGULAR MEETING: MARCH 16, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MITI Bay Road, Kodiak, Alaska 99615 (907)486-9363 www.kodiakak.us February 5, 2015 Public Housing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, hfareh 16, 2016. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 MITI Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission. to hear comments ifan. on the following request: CASE: 16-011 APPLICANT: Surfand Turf, LLC AGENT: Doreece Mulch REQUEST: A recon of Lot I, Sawmill Subdivision from C-Conservmion to I -Industrial (KIBC 17.205). LOCATION: 1667 Monashia Bay Rood ZONING: C-Conservalion This notice is being sent to you became our records Indicate you art a property owner/intemled pony in the area of the request. If you do not with la testify verbally, you may provide )our comments in the space below ar in o leder to the Community Development Dependent. Written rnmment, muM he receival by S nm. Tuesday. &larch 1. 3016 to be eonsidddl Iw the ammininn. If you mould like m In your comments to us, our fax number is: 1907) 486.9396, ar you may email your comments to ssmillUn"odiakak.us. If you would like la leslify 16 Ielephonq please call In your comments during the appropriate public baring session of the meding. The local all -In telephone number is 486-3211. The toll free telephone number is 1-855.192.9202. One week prior to the regular ceding, on Wednesday. March 9, 2016, a work session will be held a1630 p.m. in the Kodiak Island Borough Conference Roam (Al 121), to review the paled material for the ase. 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 requml or your appeal rights, place feel free la all us at 216.9361ICI &— �1 l.eeNaa.; II! A_ �Vn2p1L� �{1Q MAtgAadmu TJ4N>(I At ?.4. Iiia._ fdB 1'eerryep m t1e.Mpbn: I,> I +i '!I�— C—,m: Ma l MP Case No. 1&011 Public Comment Package Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision ... Page 84 of 400 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 5, 2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. ORIGINATOR: Larry LeDoux FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This was postponed from the February 4, 2016 regular meeting. This ordinance was requested by Assembly member LeDoux which would amend Chapter 15.10 of the Kodiak Island Borough Code to add a local exception to eliminate the requirement for engineering for certain construction in the borough. Building Official Doug Mathers provided additional information which were provided in the packet regarding the Joint Building Code Review Board's discussion regarding this ordinance. RECOMMENDED MOTION: The motion before the Assembly is to move to adopt Ordinance No. FY2016-12. Kodiak Island Borough Ordinance No. FY2016-12 Amending Kodiak Island Borough Code... Page 85 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 86 of 400 Mathers, Doug From: Mathers, Doug Sent: Friday, April 22, 2016 2:33 PM To: 'Bob Pederson' Cc: Kozak, Mark; Nova Javier Subject: Code adoption and ordinance FY1016.12 94 Answering the KIfi 2016 Code four questio.,. Adoption pdf Bob, Our last JBCRC on 4/14/16 concluded our discussion on ordinance FY2016.12 which Included 4 answers that the Borough Assembly was concerned with regarding the 2012 IRC wind design criteria. Section R301.2.1. The JBCRC had a total of 6 meetings sincel/27/16. One was canceled because of a lack of quorum. The committee also chose to recommend adoption the 2012 Uniform UPC and the 2014 NEC plus a couple of amendments to the IRC. I would like the JBCRC to be Included in the May 4" Assembly discussion of Ord. FY2016.12. Included you will rind the four questions submitted by you on behalf of the Borough Assembly an 10/9/15 with the committee answers and an amended copy of the pertinent sections of chapter 15. Feel free to contact me with any questions. Regards Doug Douglas I Mathers City of Kodiak Building Official Office (907) 486-8072 dmathersralcitvAodlak.ak.us Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 86 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 87 of 400 o r`ti BUILDING DEPARTMENT 94'4 710 MILL BAY ROAD, ROOM 208 KODIAK, ALASKA 99615 dmathers a citv.kodiak.ak.us TELEPHONE 907-486-8070 thansenncitv.kodiak.ak.us 907-486-8072 FAX 907486-8600 April 21, 2016 To: JBCRC Board Members From: Doug Mathers Building Official Re: Assembly Questions Please find a response to Bob Pederson's of 1019115 questions that the Kodiak Island Borough Assembly brought up. Question 1. How do the ISO ratings for communities without engineering requirements impact insurance rates for homeowners? Answer: During my research it was not clear what percentage of insurance companies use the ISO to set residential insurance rates. State Farm has not used ISO since approximately 2001. ISO downgrades communities for amending the code to a lesser standard than the published code. In this case the Wood Frame Construction Manual is referenced as a prescriptive alternate to engineering in high wind areas. (110 MPH or over) and so is ICC 600 Standard for Residential Construction in High - Wind Regions. Using either of these methods does not alter the 2012 IRC and as a result the ISO rating would not be affected. Question 2. Explore raising the size of structures for which no engineering is required (e.g., from 200 to 1,200 sq. ft.)? Answer: The 2012 International Residential Code exempts one-story detached accessory structures not exceeding 200 square feet from the building permit requirements. A structure 201 square feet or larger could be built without engineering as long as it was designed to the WFCM or the ICC 600. Question 3. Could the engineering requirements be eliminated for one and two- family single -story structures? Answer: A person could design a building without engineering as long as the design complied with the prescriptive design from the WFCM or ICC 600. 1 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 87 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 88 of 400 Question 4. Could the 15% limit for additions without engineering be raised? Answer. 4 A person could design a larger addition without engineering as long as the design complied the WFCM or ICC. R301.2.1.1 Wind limitations and wind design required. The wind provisions of this code shall not apply to the design of buildings where wind design is required in accordance with Figure R301.2(4)B. Exceptions: 1. For concrete construction, the wind provisions of this code shall apply in accordance with the limitations of Sections R404 and R608. 2. For structural insulated panels, the wind provisions of this code shall apply in accordance with the limitations of Section R610. 3. For cold -formed steel light -frame construction, the wind provisions of this code shall apply in accordance with the limitations of Sections R505, R603 and R804. In regions where wind design is required in accordance with Figure R301.2(4)B, the design of buildings for wind loads shall be in accordance with one or more of the following methods: 1. AFBPA Wood Frame Construction Manual (WFCM). 2. ICC Standard for Residential Construction in High -Wind Regions (]CC 600). 2 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 88 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 89 of 400 15.10.010 Adoption of bull ding and other codes. The following codes are hereby adopted by reference as the building codes for the borough: A. The 2009 International Building Code, as adopted with revisions in -L AAC 50.020, and including Appendix H, Signs, for all buildings except one- and two-family dwellings and residential accessory buildings; provided, that the following revisions to the 2009 International Building Code in U AAC 50.020 are not adopted: (1) the deletion in LAAC 50.020(1) of Sections 103, 104.4, 104.6, 104.6, 105.4, 107.5, 108.4, 109.2, 109.5 and 110 to 115; and (2) the revisions in 127 AAC 50.020(7), (8), (9), (10), (11), (16), (17), (66), (73), (74) and (77); B. 2012 International Residential Code for One- and Two -Family Dwellings with the following revisions: 1. RI 05.2, Work exempt from permit, is amended to read as follows: Building: #10. Decks not exceeding 200 square feet (18.58 m') In area, that are not more than 30 Inches (762 mm) above grade at any point. 2. R3012.1.1, Wind limitations and wind design required, Is emended to read as follows at the end of the section: The following may be built to Seismic design category D2 with 110 MPH wind speed in B and C wind exposure areas provided that the house was permitted before the adoption of the 2012 Residential Building Code. 1) One permit only. An addition that Is not more than 15% of the total gross square foot area of the existing building that the addition will be attached to. Roof pitch Is a maximum of 5/12 or less. One story additions may be built on a piling foundation provided existing building has a piling foundation. 2) Other exempt structures in section R105.2 Work exempt from permit. 3. R311.7.5.1, Risers, is amended to read as follows: The maximum riser height shell be 8Inches (203mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more then 3/8 Inch (9.5 mm). Risers shell be vertical or sloped from the underside of the nosing of the tread Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 89 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 90 of 400 above at an angle not more than 30 degrees (0.51 red) from the vertical. Open risers are pennided provided that the opening between treads does net permit the passage of a 4 -Inch -diameter (102 mm) sphere. 4. R311.7.5.2, Treads, is amended to read as follows: The minimum tread depth shall be 9Inches (22amm). The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 318 Inch (9.5 mm) 5. R313.1, Townhouse automatic fire sprinkler systems, is amended to read as follows: An automatic residential fire sprinkler system may be installed In townhouses. 6. R313.2, One- and two-family dwellings automatic fire sprinkler systems, is amended to read as follows: An automatic residential fire sprinkler system may be Installed in one. and two-family dwellings. 77. Che a and replace withL". AHFC amended 2012 IECC and Bees is the energy S. Chapters 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33. Remove plumbing chapters related to the International Residential Code and insert the 2009 Uniform Plumbing Code. 9. Chapters 34, 35, 36, 37, 38, 39, 40, 41, 42, and 43. Remove electrical chapters of the International Residential Code and insert the 2011 National Electrical Code. 10. M2002.5, Boiler low-water cutoff, is amended to read as follows: All steam boilers shall be protected with a low-water cutoff control. The low-water cutoff shall automatically stop the combustion operation of the appliance when the Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 90 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 91 of 400 water level drops below the lowest safe water level as established by the manufacturer. _.. _. n Add #il. Sections R905.2.7.1, R905.43.1, R905.5.3.1, R905,6.3.1, R905.7.3.1, R905.8.3.1 Add to exceptions, Exception #2 Ice barriers are not required on roofs that can achieve R-42 insulation factor at the top plate of an exterior wall. C. 2009 International Building Code Appendix J, Grading; D. Th Uniform Plumbing Code, as adopted with revisions in 6 AAC 63.010 Appendix Chapter B, Explanatory Notes an Combination Waste and Vent Systems; and Appendix Chapter H, Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors; E. The 2009 International Mechanical Code, as adopted with revisions in 13 AAC 50.023, except far the deletions in 13 AAC 50.023(1) of Sections 103, 104, and 10610 110 of the 20091nternational Mechanical Code; F. The ■ ® National Electrical Code. 1. 300.4, Protection Against Physical Damage, is amended to read as follows: Where subject to physical damage, conductors, raceways, and cables shall be protected. Thermoplastic type insulated conductors may not be installed when the working environment is below 20' Fahrenheit. 2. 410.16 is amended to read as follows; 410.16 Luminaries and Transformers In Closets. G. The 1997 Uniform Code for the Abatement of Dangerous Buildings; H. The 1997 Uniform Housing Code; and I. 2009 International Fuel Gas Code, Chapters 6 and 7. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 91 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 92 of 400 Introduced by: Borough Manager Requested by: Assembly Member LeDoux I Drafted by: Assembly member LeDoux 2 Introduced: 01/212016 3 Public Hearing: 02/042016 4 Postponed: 02/042016 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING TITLE 15 BUILDINGS AND CONSTRUCTION I I CHAPTER 15.10 BUILDING CODES TO ADD A LOCAL EXCEPTION 12 TO ELIMINATE THE REQUIREMENT FOR ENGINEERING FOR 13 CERTAIN RESIDENTIAL CONSTRUCTION IN THE BOROUGH 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough has adopted KIBC 16 Title 15 (Buildings and Construction) to regulate erection, construction, enlargement, 17 alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, 18 height, area, and maintenance of buildings or structures in the borough; and 19 20 WHEREAS, in accordance with Chapter 15.10 KIBC, the Kodiak Island Borough 21 adopted by reference the 2012 International Residential Code (IRC) for One- and Two - 22 Family Dwellings (Ordinance FY 2013-09); and 23 24 WHEREAS, the IRC requires engineering certification for structures that are not 25 designed to meet the prescriptive standards of the building code; and 26 27 WHEREAS, chapter 15.10 KIBC includes a number of local exemptions, exceptions, and 28 amendments to the standard building code requirements to reflect local condilons and 29 building practices; and 30 31 WHEREAS, in discussions related to the high cost of home construction in Kodiak, the 32 additional expense of engineering for certain new construction, additions, or remodeling 33 projects has been noted as a significant expense; and 34 35 WHEREAS, there are very few licensed practicing engineers in Kodiak, further adding to 36 the cost of complying with applicable engineering requirements for construction; and 37 38 WHEREAS, for decades, prior to the 2013 adoption of the IRC, safe and structurally 39 sound residential buildings were erected without the need or expense of engineering 40 required by the IRC; and 41 42 WHEREAS, the public necessity and general welfare of the community may be better 43 served by amending the code to reduce or eliminate some engineering requirements for 44 new or expanded residential construction; and 45 46 WHEREAS, the Borough Assembly set aside time for public input and discussion; and 47 Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 1 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 92 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 93 of 400 48 WHEREAS, the Borough Assembly, as a part of process, would hold public hearings to 49 adopt the amendments to eliminate certain engineering requirements for residential 50 construction; and 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 53 BOROUGH that: 54 55 Section 1: This ordinance is of a general and permanent nature and shall become a 56 part of the Kodiak Island Borough Code of Ordinances; and 57 58 Section 2: This ordinance shall be effective upon adoption. 59 60 Section 3: Section R105.3 of the 2012 International Residential Code for One- and 61 Two -Family Dwellings, as previously adopted by Ordinance FY2013-09, Is 62 hereby amended and readopted as follows: 63 64 R105.3 Application for permit. 65 To obtain a permit, the applicant shall first file an application therefor in 66 writing on a form furnished by the departmeRt Gf bUildiRg safety building 67 official for that purpose. Such application shall: 68 69 1. Identify and describe the work to be covered by the permit for which 70 application is made. 71 2. Describe the land on which the proposed work is to be done by legal 72 description, street address or similar description that will readily identify 73 and definitely locale the proposed building or work. 74 3. Indicate the use and occupancy for which the proposed work is 75 Intended. 76 4. Be accompanied by construction documents or reasonably detailed 77 building or work plans and other information as required In Section 78 R106.1. 79 5. State the valuation of the proposed work. 80 6. Be signed by the applicant or the applicant's proposed agent. 81 7. Give such other data and information as required by the building official. 82 83 Section 4: Section R106.1 of the 2012 International Residential Code for One- and 84 Two -Family Dwellings, as previously adopted by Ordinance FY2013-09, is 85 hereby amended and readopted as follows: 86 87 R106.1 Submittal documents. 88 Submittal documents consisting of construction documents or reasonably 89 detailed building or work plans (which need not be prepared by a 90 registered design professional), and other data shall be submitted in two 91 or more sets with each application for a permit. T -he Construction 92 documents shall be prepared by a registered design professional where 93 required by the statutes of the jurisdiction in which the project is to be 94 constructed. Where special conditions exist, the building official is 95 authorized to require additional construction documents to be prepared by a 96 registered design professional notwithstanding the submission of 97 building or work plans prepared by someone other than a registered 98 design professional. Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 2 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 93 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 94 of 400 99 100 Exception: The building official is authorized to waive the submission of 101 construction documents detailed building or work plans, and other data 102 not required to be prepared by a registered design professional if it is found 103 that the nature of the work applied for is such that reviewing of construction 104 documents or building or work plans is not necessary to obtain 105 compliance with this code. 106 107 R106.1.1 Information on construction documents or building or work 108Ip ans. 109 Construction documents or building or work plans shall be drawn upon 110 suitable material. Electronic media documents are permitted to be III submitted when approved by the building official. Construction documents 112 and building or work plans shall be of sufficient clarity to indicate the 113 location, nature and extent of the work proposed and show in detail that it 114 will conform to the provisions of this code and relevant laws, ordinances, 115 rules and regulations, as determined by the building official. Where required 116 by the building official, all braced wall lines shall be identified on the 117 construction documents or building or work plans and all pertinent 118 information including, but not limited to, bracing methods, the location and 119 length of braced wall panels, and foundation requirements gf braced wall 120 panels at top and bottom shall be provided. 121 122 Section 5: Nothing herein is intended to vitiate or otherwise alter the previous adoption 123 of subsections R106.1.2 and R1O6.1.3. 124 125 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 126 THIS DAY OF 2016 127 128 129 KODIAK ISLAND BOROUGH 130 131 132 133 Jerrol Friend, Borough Mayor 134 135 ATTEST: 136 137 138 139 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 3 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 94 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 95 of 400 JOINT BUILDING CODE REVIEW COMMITTEE AGENDA JANUARY 27, 2016 3:30 P.M. CITY OF KODIAK CONFERENCE ROOM 710 MILL BAY RD, ROOM 116 A. MEETING CALLED TO ORDER/ROLL CALL B. ELECTION OF OFFICERS A. CO-CHAIR C. APPROVAL OF AGENDA D. APPROVAL OF MINUTES. N/A E. UNFINISHED BUSINESS A. NONE F. NEW BUSINESS A. REVIEW THE 2012 INTERNATIONAL RESIDENTIAL CODE'S ENGINEERING PROVISIONS FOR HIGH WIND AND HIGH SEISMIC LOCATIONS B. REVIEW OF KIB ORDINANCE NO.FY2016-12 G. PUBLIC COMMENTS H. BOARD MEMBER COMMENTS I. NEXT MEETING J. ADJOURNMENT Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 95 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 96 of 400 Mathers, Doug From: Bob Pederson (bpederson@kodiakak.us) Sent: Friday, October 09, 201511:36 AM To: Malhers, Doug Cc: Kniaziowskl, Almee; Kozak, Mark; Hansen, Ted; Bud Cassidy; Bill Roberts; Nova Javier Subject: Building code and engineering requirements Good morning Doug: Thank you for attending and participating In the discussions at the Assembly work session last night. Following the discussion, I believe it was abundantly clear that the Assembly desires to have a definitive meeting schedule for the Joint Building Code Review Committee to address the engineering requirements for one and two-family dwelling units. I also noted that Assembly members were specifically interested in the following topics: 1. How do the I60 ratings for communities without engineering requirements Impact insurance rates for homeowners? 2. Explore raising the size of structures forwhich no engineering is required (e.g., from 200 to 1,200 sq, ft.). 3. Could the engineering requirements be eliminated for one and two-family single -story structures. 4. Could the 15% limit for additions without engineering be raised? Please let me know if I have left something out of this list. Once you have a draft schedule of meetings, please let me know so I may forward that Information to the Clerk and Assembly members. Thank you, Robert H. Pederson AICP Community Development Director bpedersonralkodikak.us (907)486.9360 z Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 96 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 97 of 400 t BUILDING DEPARTMENT 710 MILL BAY ROAD, ROOM 208 KODIAK, ALASKA 99615 dmathers(nlcitv.kodiak.ak.us TELEPHONE 907486.8070 thansen(@citv.kodiak.ak.us 907486-8072 FAX 907486.8600 October 16, 2015 Robert H. Pedersen AICP Director, Community Development Department, Kodiak Island Borough Dear Bob, You sent an a -mail requesting information that you believed the Assembly members were interested in having answers to the fallowing topics based on comments made during the work session. Question 1. Flow do the ISO ratings for communities without engineering requirements impact insurance rates for homeowners? Answer: As of today this has not been addressed. Question 2. Explore raising the size orstmctures for which no engineering is required (e.g., from 200 to 1,200 sq. R.)? Answer: the 2012 International Residential Code exempts ane -story detached accessory structures not exceeding 200 square feel from any building permit requirements. Any structure 201 square feet or larger could be built without engineering as long as the submitted design complied with the prescriptive design methods as set forth in sections R301.2.1.1 for wind and R301.2.2.1.2, item 2. for seismic of the 2012 International Residential Code. Question 3. Could the engineering requirements be eliminated for one and two-family single -story structures? Answer: a building designer could design a building without engineering as long as the submitted design complied with the prescriptive design methods as set forth in sections R3012.1.1 for wind and R301.22.1.2, item 2. for seismic of the 2012 International Residential Code. A building designer could produce a design that would never comply with non -engineered prescriptive design therefore requiring engineering, e.g. to many I Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 97 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 98 of 400 opening causing to little sheathing for adequate bracing, out of plane bracelshcarwalls to name a few reasons. Question 4. Could the 15% limit for additions without engineering be raised? Answer: this amendment was made to allow for a very simple addition utilizing the most restrictive prescriptive design direct from the code which lowered wind and seismic requirements and that is why it was limited to 15% and one time use. A building designer could increase this percentage by utilizing the prescriptive design methods as set forth in sections R301.2.1.1 for wind and R301.2.2.1.2, item 2. for seismic of the 2012 international Residential Code. 2 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 98 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 99 of 400 CITY OF KODLAK RESOLUTION NUMBER 2015-34 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK DOCU- MENTING THE JOINT BUILDING CODE REVIEW COMMITTEE'S COMPOSITION AND APPOINTMENT PROCESS WHEREAS, there has been no consistent appointment method in the history of the Joint Building Code Review Committee; and WHEREAS, historically, the Borough Mayor appoints Borough representatives from the Architectural Review Board and, typically, the City appointees have been members of the City's Building Code Board of Appeals; and WHEREAS, on June 30, 2015, direction was given by the City Council and Borough Assembly to formally document the Joint Building Code Review Committee's composition; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kodiak, Alaska, this resolution hereby documents the Joint Building Cade Review Committee's composition and appointment process. 1. Membership. The Joint Building Code Review Committee shall be composed of six (6) voting members and two ex -officio non-voting members: a. Two members from the City of Kodiak's Building Code Board of Appeals appointed by the City Mayor b. Two representatives from the KIB Architectural Review Board appointed by the Bor. ough Mayor c. One elected official from the City Council d. One elected official from the Borough Assembly e. The Building Inspector staff shall serve as ex -officio, non-voting members of the wort: group 2. Organization. The work group shall designate two co-chairs at the first meeting or the calendar year and will alternate presiding at the meetings. 3. Administrative assistance. The City's Public Works Department will provide administrative assistance for this Committee. 4. Consensus. The affirmative votes of four (4) committee members shall be required to build consensus or the committee. The members shall review and revise the respective City and Borough building codes and strive to maintain identical regulations for recommendation to the City Council and Borough Assembly for adoption. Resolution No. 2015-34 Page i ort Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 99 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 100 of 400 o� CITY OF KODIAK MAYOR ATTEST: CITY CLERK Adopted: November 12, 2015 Resolution No. 2015-34 page 2 ort Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 100 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 101 of 400 Introduced by Borough Manager I Requested by Assembly Member LeDoux Drafted by Assembly member LeDoux 2 ASSEMBLY MEMBER Introduced. 01212016 3 LEDOIIX'S VERSION Public Hearing Adopted 4 VERSION 3 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016.12 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING TITLE 15 BUILDINGS AND CONSTRUCTION 11 CHAPTER 16.10 BUILDING CODES TO ADD A LOCAL EXCEPTION 12 TO ELIMINATE THE REQUIREMENT FOR ENGINEERING FOR 13 CERTAIN RESIDENTIAL CONSTRUCTION IN THE BOROUGH 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough has adopted KIBC 16 Title 15 (Buildings and Construction) to regulate erection, construction, enlargement, 17 alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, 18 height, area, and maintenance of buildings or structures in the borough; and 19 20 WHEREAS, in accordance with Chapter 15.10 KIBC, the Kodiak Island Borough 21 adopted by reference the 2012 International Residential Code (IRC) for One- and Two- 22 Family Dwellings (Ordinance FY 2013.09); and 23 24 WHEREAS, the IRC requires engineering certification for structures that are not 25 designed to meet the prescriplive standards of the building code; and 26 27 WHEREAS, chapter 15.10 KIBC includes a number of local exemptions, exceptions, and 28 amendments to the standard building code requirements to reflect local condilons and 29 building practices; and 30 31 WHEREAS, in discussions related to the high cost of home construction in Kodiak, the 32 additional expense of engineering for certain new construction, additions, or remodeling 33 projects has been noted as a significant expense; and 34 35 WHEREAS, there are very few licensed practicing engineers In Kodak, further adding to 36 the cost of complying with applicable engineering requirements for construction; and 37 38 WHEREAS, for decades, prior to the 2013 adoption of the IRC, safe and structurally 39 sound residential buildings were erected without the need or expense of engineering 40 required by the IRC; and 41 42 WHEREAS, the public necessity and general welfare of the community may be better 43 served by amending the code to reduce or eliminate some engineering requirements for 44 new or expanded residential construction; and 45 46 WHEREAS, the Borough Assembly set aside time for public input and discussion; and 47 Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 1 or 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 101 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 102 of 400 48 WHEREAS, the Borough Assembly, as a part of process, would hold pubic hearings to 49 adopt the amendments to eliminate certain engineering requirements for residential 50 construction; and 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 53 BOROUGHthat: 54 55 Section 1: This ordinance is of a general and permanent nature and shall become a 56 part of the Kodiak Island Borough Code of Ordinances; and 57 58 Section 2: This ordinance shall be effective upon adoption. 59 60 Section 3: Section R105.3 of the 2012 International Residential Code for One- and 61 Two -Family Dwellings, as previously adopted by Ordinance FY2013.09, is 62 hereby amended and readopted as follows: 63 64 R105.3 Application for permit. 65 To obtain a permit, the applicant shall first file an application therefore in 66 writing on a form furnished by the building official for that purpose. Such 67 application shall: 68 69 1. Identify and describe the work to be covered by the permit for which 70 application is made. 71 2. Desedbe the land on which the proposed work is to be done by legal 72 description, street address or similar description that will readily Identify 73 and definitely locate the proposed building or work 74 3. Indicate the use and occupancy for which the proposed work Is 75 intended. 76 4. Be accompanied by construction documents or reasonably detailed 77 building of work plans and other information as required in Section 78 R106.1. 79 5. Stale the valuation of the proposed work 80 6. Be signed by the applicant or he applicant's proposed agent. 81 7. Give such other data and information as required by the bulldog official. 82 83 Section 4: Section R106.1 of the 2012 International Residential Code for One- and 84 Two -Family Dwellings, as previously adopted by Ordinanca FY2013.09, is 85 hereby amended and readopted as follows: 86 87 R106.1 Submittal documents. 88 Submittal documents consisting of construction documents or reasonably 89 detailed building or work plans (which need not be prepared by a registered 90 design professional), and other data shall be submitted in two or more sets 91 with each application for a permit. Tice{Cjonstmctkm documents shall be 92 prepared by a registered design professional where required by the statutes 93 of the Jurisdiction in which the project is to be constructed. Where special 94 conditions exist, the building official Is authorized to require additional 95 construction documents to be prepared by a registered design professional 96 notwithstanding the submission of building or work plans prepared by 97 someone other than a registered design professional. 98 Kodiak Island Borough, Alaska Ordinance No. FY2016-12 Page 2 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 102 of 400 I,CN4►10MI"iiFIM,,I Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 103 of 400 99 Fxcepflon: The building official Is authorized to waive the submission of 100 construction documents, detailed building or work plans, and other data not 101 required to be prepared by a registered design professional if it is found that 102 the nature of the work applied for Is such that reviewing of construction 103 documents or building or work plans is not necessary to obtain compliance 104 with this code. 105 106 R106.1.1 Information on construction documents or building or work 107 plans. 106 Construction documents or building or work plans shall be drawn upon 109 suitable material. Electronic media documents are permitted to be 110 submitted when approved by the building official. Construction documents III and building or work plans shall be of sufficient clarity to indicate the 112 location, nature and extent of the work proposed and show in detail that it 113 will conform to the provisions of this code and relevant laws, ordinances, 114 rules and regulations, as determined by the building official. Where required 115 by the building official, all braced wall lines shall be Identified on the 116 construction documents or building or work plans and all pertinent 117 Information including, but not limited to, bracing methods, the location and 118 length of braced wall panels, and foundation requirements of braced wall 119 panels at lop and bottom shall be provided. 120 121 Section 6: Nothing herein Is intended to vitiate or otherwise alter the previous adoption 122 of subsections R106.1.2 and R106.1.3. 123 124 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 125 THIS DAY OF 2016 126 127 128 KODIAK ISLAND BOROUGH 129 130 131 132 Jerrol Friend, Borough Mayor 133 134 ATTEST: 135 136 137 138 Nava M. Javier, MMC, Borough Clerk Kodiak island Borough, Alaska Ordinance No. FY2016.12 Page 3 of 3 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 103 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 104 of 400 ' BUILDING DEPARTMENT 710 MILL BAY ROAD, ROOM 208 KODIAK, ALASKA 99615 dinathers(4citv.kodiak.akus TELEPHONE 907486.8070 thanscriRcitv.kodiak.ak.us 907486.8072 FAX 907486-8600 September 3, 2015 Robert H. Pedersen AICP Director, Community Development Departmen4 Kodiak Island Borough Dear Bob, With regard to a memo explaining the currently adopted Residential Building Code requirements about engineering homes, I guess the best place to start is with the Information the adoption committee reviewed in the nine meetings held prior to making the recommendation to adopt to the Assembly. Exhibit A is 7 pages and is the document laying out the step by step process for design requirements for the 2012 IRC. The first paragraph of page two is in reference to the code section that allows non -engineered deign, IRC section R30, paragraph 2, referenced on page 4 of 7, exhibit A. I , am b q - Exhibit B is 10 pages and is the package of information trying to use the method referenced in IRC section R301.2.2.1.2, paragraph 1, referenced on page 4 of 7, exhibit A. This was the Building Departments attempt at allowing an additional method for contractors to design buildings without engineering as described in pages I and 2 of exhibit B. The end result of this exercise was the engineer's calculations determined it was not possible with this method. We have received feed back in the Building Department that there is concern about the requirements for engineering causing a lack of affordable housing. We do not believe this to be a factual statement based on the following example. A local contractor built his mother a home, it is two bedrooms, 1,080 S/F home with a 368 SIF attached garage, placed on a RI lot of 10,306 SIR lust what the industry would consider a starter home. This home sold to the mother for $280,000, but appraised for $305,000. Nice of the son to give his main a deal! The engineering on this home was S 1,800.00, which is 0.59016% of the appraised price. This same contractor has another home under contract, a slightly larger two story unit and using a different engineer for design has said the engineering on 1 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 104 of 400 AGENDA ITEM #12.A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 105 of 400 that project is $2,000.00. We are aware of $5,000.00 engineering bills for new homes but these homes are typically much larger than what would be considered a starter home. So it does not appear that engineering is a significant cost to building a starter (affordable) home. Under the previously adopted Building Code we saw approximately 50% of the new houses being built either being fully engineered or partially engineered because they could not be constructed under prescriptive design methods in the 1997 Uniform Building Code. Kadisk Island hes eight know faults, six of which are in the Narrow Cape area, ref. Sauber and Team study seismic risk near Alaska launch facility 12003, and if you are a believer in the theory that global warming will bring more severe weather, why would you want to eliminate engineering for one and two family homes. The Building Department is astonished that the Assembly would feel the need to arbitrarily reduce the safety factor of a home just an the grounds that a lower income family would be purchasing it, and that be their public legacy for generations to come. In closing the 2012 IRC does have a method for a Home Designer to build a one or two family home via a prescriptive method; it was discussed as an option during the Code adoption hearings. The opinion of the Building Department was that this method would not see much use since it would require the purchase are 2012 Residential Building Code, the 2012 Wood Framed Construction Manuel and require sometime of the designer. And at the time of the discussion the Building Department was unaware army Contractor in town owning a copy of the 1997 UBC, so they probably were not going to buy a copy of the 2012 IRC, they would go the easier but more costly route and use an engineer for design. Since adopting the 2012 IRC, one building code has been purchased from the Building Department and it was not by a contractor who regularly builds residential construction. Sincerely, Ted Hansa Deputy Building Official City of Kodiak / Kodiak Island Borough Ce, Doug Mothers, Building Official �( 2 Ordinance No. FY2016-12 Amending Kodiak Island Borough Code ... Page 105 of 400 AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH CONTRACT NO. FY201643 TWIN CREEKS FIRE SALVAGE TIMBER SALE CONTRACT OPTIONA NEGOTIATED SALE WITH A-1 TIMBER CONSULTANTS, INC. See AS 38.05.117 & AS 38.05.118(c)(3) The Kodiak Island Borough (`SELLER" and "KIB"), under authority of KIB Code 18.70 and other applicable provisions of borough and state law, does hereby agree to sell, and A-1 Timber Consultants, Inc. ("PURCHASER" and "A-1") does hereby agree to purchase timber as designated herein, subject to the following terms and conditions. This Contract is effective as of April 22, 2016 ("Effective Date"). TABLE OF CONTENTS 1. SUMMARY OF AGREEMENT................................................................................................................2 2. DEFINITIONS............................................................................................................................................2 3. SALE OF MERCHANTABLE TIMBER WITH PHYTOSANITARY CERTIFICATE ...........................3 4. RESERVATIONS......................................................................................................................................4 5. RIGHTS OF ENTRY AND USE................................................................................................................4 6. TERM OF CONTRACT.............................................................................................................................4 7. PAYMENTS...............................................................................................................................................5 8. PASSAGE OF TITLE.................................................................................................................................5 9. SUBMISSION OF DETAILED PLANS OF OPERATION......................................................................5 10. COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS.......................................................6 11. TIMBER OPERATIONS........................................................................................................................6 12. RISK MANAGEMENT..........................................................................................................................9 13. ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY.............................................10 14. DEFAULT BY A-1..............................................................................................................................10 15. INTERIM AND FINAL ACCOUNTING............................................................................................11 16. RIGHTS AND OBLIGATIONS UPON EXPIRATION OR TERMINATION OF CONTRACT...... 12 17. NOTICES AND PARTIES' REPRESENTATIVES............................................................................12 18. ASSIGNMENT OF CONTRACT........................................................................................................13 19. LIENS...................................................................................................................................................13 20. REPRESENTATIONS AND WARRANTIES.....................................................................................13 21. VALID EXISTING RIGHTS: ............................................................................................................... 15 22. GENERAL PROVISIONS...................................................................................................................15 EXHIBIT ATIMBER SALE AREA MAP.......................................................................................................17 EXHIBIT BTIMBER SALE DESCRIPTION..................................................................................................18 EXHIBIT CINSURANCE POLICIES.............................................................................................................19 Kodiak Island Borough Tivin Creeks Fire Salvage Timber Sale Contract Option A Page 1 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvi... Page 106 of 400 AGENDA ITEM #12.B. 1. SUMMARY OF AGREEMENT • The Kodiak Island Borough owns land near Chiniak that contains standing and down timber that was damaged by fire in late August 2015 as part of the Twin Creeks Fire. The fire -damaged timber in the Chiniak area will lose substantial economic value if not salvaged within two years of being damaged. • A-1 Timber has the background, experience, and capacity to harvest, transport, and sell standing and down merchantable timber that meets the United States Department of Agriculture Phytosanitary Certificate requirements. • This agreement is for approximately twelve months: 6 May 2016 to 31 May 2017. • Quantity: All Merchantable Timber within the Timber Sale Area except for designated habitat and riparian management zones. • Option A Price: $120.00 per thousand board feet ("MBF") net Scribner scale. • A-1 Timber will transport the substantial majority of logs from the Timber Sale Area over roads on Kodiak Island Borough land. In consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the KIB and A-1 agree as follows: 2. DEFINITIONS Definitions shall include all terms defined by 11 AAC 71.910 Definitions and the following. If there is a conflict of definition, the regulations shall govern. A. "MBF" means one thousand board feet, net Scribner scale. B. "Construction Materials" includes rock, sand, gravel, logs used for road sub grade or bridge construction, and other construction materials located in the Timber Sale Area. C. "Environmental Contamination' means pollution resulting from the "release" [as that term is defined in AS 46.03.826(9)] of a "Hazardous Material." D. "Hazardous Material' means hazardous substances or materials as defined in Alaska Statutes 46.03.826 and 46.08.900, in 42 U.S.C. § 9601-9657 (CERCLA), in 42 U.S.C. § 9601 (RCRA) and in 40 C.F.R. U.S.C. § 302, as such statutes and regulations may be amended from time to time, and any hazardous and toxic substance, material or waste .which is or becomes regulated by any governmental authority. Without limiting the forgoing, "Hazardous Material' includes hydrocarbon fuels such as diesel, fuel oil, gasoline, and lubricating oil. E. "Laws" mean all applicable federal, state or local statutes, regulations, rules, ordinances or Kodiak Island Borough Rvin Creeks Fire Salvage Timber Sale Contract Option A Page 2 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvi... Page 107 of 400 AGENDA ITEM #12.B. permits, orders, directives, and amendments thereto, in effect during the Term of this Contract and as they legally change over time. F. "Merchantable Timber" means all logs designated under this Contract that (a) measure a minimum of 8 inches in diameter on the small end, (b) measure a minimum of 16 feet in length, (c) have a minimum of 30 board feet, (d) meet all requirements for a United States Department of Agriculture Phytosanitary Certificate issued by the Alaska Division of Agriculture, and (e) are not used for road sub grade or bridge construction as set forth herein. G. "Detailed Plan of Operation" or "DPO" means the detailed plan of operations required pursuant to AS 41.17.090 and related state regulations. H. "PURCHASER" means the purchaser of timber, purchaser's agent, employees, representatives, contractors, subcontractors or other individuals or entities operating on behalf of PURCHASER. I. "Road Standards" means road and bridge construction, maintenance, and closeout standards as required under the Alaska Forest Resources Practice Act ("AFRPA") and AFRPA regulations, including 11 AAC 95.290. J. "Roads" includes all roads, bridges, landings, culverts, and any other transportation facility PURCHASER is authorized to use or to construct pursuant to this Timber Sale Contract. K. `Slash" means all woody debris resulting from PURCHASER's Timber Operations or from construction of roads or other improvements in the Timber Sale Area. L. "Timber" means all trees, living or dead, standing or down, located within the Timber Sale Area. M. "Timber Harvest Unit(s)" means the unit(s) of Merchantable Timber located within the Timber Sale Area, as designated by the Detailed Plan of Operations. N. "Timber Sale Area" means the real property upon which it is reasonably necessary for PURCHASER to conduct Salvage Timber Operations under this Contract as depicted on Exhibit A and described in Exhibit B. In the event of any conflict between Exhibit A and B, Exhibit B will control. 0. "KIB Land" means land owned by the Kodiak Island Borough, and interests and resources in the land, including improvements to the land. 3. SALE OF MERCHANTABLE TIMBER WITH PHYTOSANITARY CERTIFICATE KIB sells to A-1, and A-1 purchases from KIB, all of the Timber, whether standing or down, within the Timber Sale Area as depicted on Exhibit A and described in Exhibit B, at the price and upon the terms set forth herein, whether harvested or not, subject to the provisions under Paragraph 10.0 (Risk of Loss). This sale is known as a "stumpage" sale wherein A -I is purchasing certain standing and down timber owned by the KIB for which A-1 will pay the KIB for all merchantable logs severed based on a net Scribner scaled volume as determined by an independent third party. Upon payment of the performance bond under Paragraph 12.1), title to the timber in the Timber Sale Area, whether standing or down, transfers to A-1. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 108 of 400 AGENDA ITEM #12.B. A. This Contract is for the sale of salvage timber within the meaning of AS 38.05.117, which is sold "AS IS." The Parties recognize and agree that for the salvage timber to be merchantable and for the sale of the salvage timber to be economically reasonable, the logs must meet all requirements for a United States Department of Agriculture Phytosanitary Certificate ("Phytosanitary Certificate"), which is issued by the Alaska Division of Agriculture. If the logs cannot meet all requirements for a Phytosanitary Certificate or the Alaska Division of Agriculture cannot issue a Phytosanitary Certificate for standing and down timber in the Timber Sale Area, then A4 may suspend all logging operations and terminate this Contract. In the event of contract termination because the logs do not meet the requirements necessary to obtain a Phystosanitary Certificate, title to all trees and decked logs remaining within the sale area will revert back to the KIB. 4. RESERVATIONS The KIB reserves the right to permit other compatible uses of the lands in the contract area which do not unduly impair A -1's operations under this contract, as determined by the KIB. A-1 will avoid using the roads on KIB land when doing so could damage the roads. Use of roads on KIB land may be suspended during breakup or other wet weather conditions at the discretion of the KIB. The KIB hereby reserves the right to use any road constructed by A-1 under this contract for any and all purposes in connection with the protection and administration of KIB lands. Roads constructed or used by A-1 under this contract may be used by third parties in connection with the utilization of KIB or other resources adjacent to the road, provided that on spur roads, such use shall not materially interfere with the operations of A-1. F]�;>l CHsllkYa]ll�i!18L:�fli;Ll�b9 y During the Term of this Contract and to the extent it is legally authorized to do so, the KIB hereby grants to A-1 the non-exclusive right to enter upon and use the Timber Sale Area and associated access routes across KIB land in accordance with the terms of the Detailed Plan(s) of Operation and other applicable provisions of this Contract. The granted rights include the right to construct Roads to and within the Timber Sale Area and to use Construction Materials within the Timber Sale Area. Said rights will be exercised as reasonably necessary and at A -I's cost in strict accordance with the Detailed Plan(s) of Operation, applicable provisions of Law, and other applicable provisions of this Contract. Construction Material rights granted hereunder shall not be used to provide benefits to parties other than A-1. The Term of this Contract shall commence upon the Effective Date and terminate 31 May 2017, or the date that all obligations under this Contract have been completed, whichever is earlier. If A-1 is prevented or delayed from performing any of its obligations under this Contract by reason of fire, strikes, riots and civil commotions, war and acts of public enemies, storms, floods, and other unusual climatic conditions, including droughts, and acts of God, and any other such cause which is similar in nature to the foregoing and which is beyond the control of A-1 ("Force Majeure"), the Term shall be automatically extended for the period that such Force Majeure continues in effect plus an additional reasonable period thereafter, to be mutually agreed upon in writing by the KIB and A -I, to allow for harvest and removal of the Timber within the Timber Sale Area. All other terms and conditions of this Contract will remain in effect during periods of Force Majeure. Lack of funds on the part of A- 1, adverse market conditions, KIB approval or assistance delays, or similar conditions shall not constitute Force Majeure. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 4 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 109 of 400 AGENDA ITEM #12.B. In the event that A-1 desires to extend the term of this Contract for reasons other than Force Majeure, such extension may be granted by the KIB, at the KB's sole discretion, in consideration for the advance payment of no less than $500.00. The total extension time may not exceed one year. If the contract is extended, the KIB may enter into redetermination of the stumpage fees with A-1 if it deems it in the KIB's best interest. 7. PAYMENTS A. Purchase Price: $120.00 per thousand board feet net Scribner Scale. B. Payment: A-1 shall pay the KIB on a semi-monthly basis on the 1" and 15" of each month for all scaled logs according to the independent scaling company's weekly certificates of scale identifying how much timber has been scaled. The weekly certificates of scale are regularly issued on Mondays for the prior week. A -I's payment to the KIB shall be based on the weekly certificates of scale received 5 days before the semi-monthly payment is due. If the 1" or 15" of any month falls on a weekend or holiday payment will be remitted the following business day. In the event that logging operations are suspended, for any reason, for a period of 60 consecutive days, the Parties shall estimate the amount of timber cut, but not scaled, and A-1 shall pay the KIB the estimated amount. If the KIB and A-1 differ in their good faith estimates, then the estimates shall be added together and divided by two to determine how much A-1 shall pay the KIB. If logging activities continue after a 60 consecutive day suspension, then the estimated amount paid the KIB for the timber cut but not scaled shall be credited against the logs scaled. Pacific Rim Scaling Bureau will be the independent scaling bureau of choice unless both parties agree to an alternate scaling bureau. Timing and delivery of scaling reports shall be determined and mutually agreed by the parties. A-1 will authorize KIB access to volume data produced by Pacific Rim Scaling Bureau. A-1 is responsible for paying the cost for Pacific Rim Scaling Bureau in its entirety. 8. PASSAGE OF TITLE Upon payment of the performance bond under Paragraph 12.13, title to the Merchantable Timber in the Timber Sale Area, including standing or downed timber, transfers to A-1. The risk of loss or damage will be allocated as provided in Paragraph 12 (Risk Management) herein. 9. SUBMISSION OF DETAILED PLANS OF OPERATION The Parties shall meet within 15 days of the Effective Date of this Contract to determine the volume of timber to be cut this year and during the third quarter of 2016 to determine the volume of timber to be cut next year. The Parties will also determine where A-1 will harvest the timber. Based on the Parties' determinations at the meetings, A-1 shall prepare a draft DPO for the harvest activities and deliver the draft DPO to the KIB for review. The KIB shall promptly review the DPO. Within 15 days after A-1 delivers the draft DPO, the KB shall: (a) approve the DPO, (b) identify specific modifications or changes necessary for it to approve the DPO, or (c) stale the reasons why the KIB will not approve the DPO. If the Parties have reached agreement and signed the DPO for this year or for next year, or have agreed to renew the 2016 DPO, A-1 shall submit the signed DPO to the State of Alaska for approval within 30 days of the Effective Date of this Contract for this year and no later than 30 November 2016 for next year. Within 15 days of the date that A-1 has completed harvesting of a harvest unit identified in the DPO, A-1 shall provide written notice to the KIB that it has completed harvesting of the harvest unit. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 5 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 110 of 400 AGENDA ITEM #12.B. 10. COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS A. Compliance with Laws. A -I shall conduct all Operations in compliance with the Law. Responsibility for operating in compliance with the Law and rectifying any instances of non- compliance rests solely with A -l. A-1 must also comply with the specific requirements of applicable laws specified in this contract that apply to this timber sale. B. Responsibility for Acquisition of Permits, Authorizations and Approvals. A-1 is responsible for the acquisition of necessary permits, licenses, fees, and other regulatory approvals at its cost. C. Notification of Violation. Within twenty four (24) hours of A -I's knowledge, A-] must notify the KIB and applicable regulating agencies of any regulatory or permit violations that have occurred as a result of actions by A-1 or A -I's agent, representatives, contractors, subcontractors, or other individuals or entities operating on behalf of A-1. In the event of a citizen complaint, A -I has no duty to notify the KIB if A -I in good faith believes there is no basis for a claim of regulatory violation or A-1 reasonably believes the KIB has notice of the citizen complaint. 11. TIMBER OPERATIONS A. DPO Reauirements. Unless otherwise provided for, A-1 shall be responsible for performing its operations based on new and existing road and unit layout and design. A -I must do so in strict compliance with applicable Laws and the approved DPO. B. Utilization. Unless otherwise mutually agreed upon by the KIB and A-1, A-1 is required to yard all logs that meet the definition of Merchantable Timber. C. Slash Disposal. All accumulations of forest products that do not meet the definition of Merchantable Timber shall be either well scattered or piled so to minimize occupation of refirestable ground. A-1 must comply with all applicable AFRPA laws and regulations, including I 1 AAC 95.370, relating to the disposal or accumulation of slash. A-1 will take reasonable measures to reduce slash in the Timber Sale Area. Reasonable measures to reduce slash include removing logs that do not meet the definition of Merchantable Timber to the sort yard at Bruhn Point, stacking logs that may be suitable for firewood in the Timber Sale Area, concentrating slash piles within the Timber Sale Area, and not creating slash piles within 100' of identified residential properties, the tsunami/library lot, or the unit cutting lines. D. Stump Height. Stumps shall not exceed on the side, adjacent to the highest ground, twelve inches, except that occasional stumps of greater heights shall be acceptable when necessary for safe and efficient conduct of logging. E. Reforestation. The KIB is responsible for all reforestation, including all reforestation obligations required under applicable Laws. The KIB will develop a reforestation plan and specifications that may be put out to bid after the salvage harvest has begun and shall be addressed in such time frame to allow adequate seed source to be secured for planting no later than Fall 2017. This Contract is a sole source contract, and any reforestation contract will be by a competitive bid process that A-1 may participate in. A-1 will work with the successful bidder to reasonably accomplish reforestation. F. Roads. A-1 must, at its cost, construct, reconstruct, and improve roads in accordance with applicable AFRPA laws and regulations and the DPOs. It is the responsibility of A-1 to enter into agreements with adjoining land owners as to any shared use maintenance requirements, or fees, paid by A-1 on roads owned or maintained by other entities, including, but not limited to private, federal, state, and local landowners or administrators. A-1 must obtain all necessary permits and approvals (including any road use Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 6 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 111 of 400 AGENDA ITEM #12.B. agreements) and provide copies to the KIB. A -I shall obtain the necessary permit from the Alaska Department of Transportation for the proposed intersection of the logging road at Capelin Creek and the Chiniak Highway. All borrow and waste areas utilized in the construction or maintenance of the roads and facilities by A -I require the submittal of development plans and approval by the KIB. A-1 shall not create any borrow pits within 100' of identified residential properties or the tsunami/library, lot. Unless otherwise requested by the KIB, A-1 shall reclaim borrow pits in a manner to allow reforestation by the KIB. By separate sole -source contract, the KIB may contract with A-1 to harvest timber at the tsunami/library lot and install a gravel parking area. G. Maintenance. During the Term of this Contract, A-1, at its cost, must maintain the Timber Sale Area, Roads, and all other improvements used by A-1 in connection with this Contract, in a clean, sanitary, and safe condition and in accordance with applicable Laws, the DPOs, and the provisions of this Contract. A-1 may share maintenance obligations with other Authorized Users of the Timber Sale Area, subject to the terms and conditions ofjoint use agreements that are approved in writing by the IUB. Cleanup measures and other maintenance must be kept reasonably current with limber harvest operations. H. Fire. A-1 must take all necessary precautions for the prevention or forest fires and shall be responsible for the suppression costs of any and all destructive or uncontrolled fires occurring within or outside the contract area resulting from any and all operations involved in the removal of the timber under the provisions of this contract. AS 41.15.050 establishes the fire season from April 1 — August 31, inclusive, during each year. (1) Prevention and Suppression. During the Term of this Contract, A-1 must make every effort to prevent and suppress fires within the Timber Sale Area. Unless otherwise required herein, or prevented by circumstances, over which A-1 has no control, A-1 must place its equipment, employees, purpose of fighting forest fires within or near the Timber Sale Area. (2) Presence of Fire Equipment. A-1 must ensure that both the road building crew and logging crews have adequate fire -fighting equipment and training for use on site when operating in the Timber Sale Area, pursuant to the DPOs. In the event of "extreme fire danger," A-1 must maintain a fire watch at the active Timber Operation areas for a minimum of one hour after work has stopped for the day, unless the KIB suspends Timber Operations until the fire danger is reduced. (3) Harvest equipment including but not limited to harvesters, skidders, loaders, chainsaws, feller-bunchers, forwarders, bulldozers, etc., will be maintained and kept in good operating condition. Exhaust systems will have spark arrestors or screens with openings smaller than 0.023 inches. The exemptions to this rule are highway registered vehicles and turbocharged equipment where 100% of the gas passes through the turbine wheel. (4) Reporting. A-1 must report all fires to the Alaska Division of Forestry in Kenai at (907)-260- 4200 immediately after becoming aware of a fire or imminent threat of fire. 1. Timber Tresnass. Unless otherwise agreed, A-1 may not fell or damage any tree not within the boundary of the Timber Sale Area. A -I shall be liable for all trespass damages and must properly locate its operations within the Timber Sale Area. A-1 may only be assessed penalties for trespass associated with the Alaska Forest Resources and Practices Act (AFRPA) under AS 41.17, 11 AAC 95, which does not supersede any remedies other landowners may have under applicable laws. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale.Contmct Option A Page 7 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 112 of 400 AGENDA ITEM #12.B. J. KIB Inspections. The KIB and its representatives, shall at all times have access to observe and inspect the Timber Operations of A -I and must be furnished such information, documentation and assistance by A -I as may be reasonably requested by the KIB for the purpose of ensuring compliance with this Contract and applicable Laws. K. Emergency Repairs by the KIB. In the event A -I refuses to make a repair of an emergency nature to improvements or structures in the Timber Sale Area after being requested to do so by the KIB or regulatory agency, except when these emergency repairs result from the gross negligence of the KIB, the KIB shall be entitled to make the repairs and bill A -I for the actual cost of making such repairs. Emergency repair or improvement of the sale area necessary to keep A-1 in compliance with federal, State, and local laws and regulations is A -1'S responsibility. If the emergency repairs are not required by law or in this contract, the KIB will reimburse A-1 for the cost of repairs. All emergency work covered by this contract must be authorized in writing by the KIB prior to commencing unless prevailing conditions will cause imminent and significant irreparable damage to the KIB's resources. L. Use of Timber Sale Area. A-1 may only use the Timber Sale Area for actions related to the harvest of Merchantable Timber. The Timber Sale Area may not be used for any other commercial purpose. Existing facilities owned by the KIB in the sale area, including but not limited to roads, bridges gates, culverts, and signs may be used by A-1 in connection with this sale without further approval unless such use is limited or prevented elsewhere in this Contract. Existing improvements used by A-1 must be kept in good repair by A-1. M. Fish Snawning Waters. All operations in connection with this contract adjacent to lakes, streams, or important fish waters must be conducted so as to avoid stream silting and must not interfere with the passage of fish or injure the spawning grounds, in accordance with AS 41.14. N. Archeological Sites. If, during the course of operations, any physical remains of historic, archaeological, or paleontological nature are discovered, work in that immediate vicinity must cease and the KIB must be notified. The Alaskan Historic Preservation Act prohibits the appropriation, excavation, removal, injury, or destruction of any historic, prehistoric or archaeological resources of the State. O. Monuments and Markers. A-1 must reasonably protect all known land survey monuments and witness trees and markers from damage or obliteration. A -I may cut painted, blazed, or tagged trees that mark the boundary of the sale area or cutting units. P. A -I's Right to Restrict Access. A-1 may take reasonable measures, in coordination with the KIB, to restrict access to the Timber Harvest Area that are necessary for safe and efficient operations. Reasonable measures include, but are not limited to, gating roads and limiting access to harvest units. Q. Hours and Manner of Operation. A-1 will reasonably limit the hours of harvesting operations within 500' of identified residential properties to between the hours of 7:00 a.m. and 9:00 p.m. Trucking and log hauling activities will occur within 500' of identified residential properties and may occur before 7:00 am. and after 9:00 p.m. Except as reasonably necessary for safety reasons, A -I will not use compression brakes within 500' of identified residential properties. R. Additional Harvesting Requests and Additional Reservations. By written agreement, signed by both parties, the KIB and A-1 may agree to certain areas where harvesting will not occur, may agree to harvest certain additional areas, and may agree to harvest timber to protect power lines and school property. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page B Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvi... Page 113 of 400 AGENDA ITEM #12.B. 12. RISK MANAGEMENT A. Indemnification. A -I shall defend, indemnify, and hold the KIB harmless from any and all claims, demands, suits, loss, liability and expense, for injury to, or death of persons and damage to, or loss of property arising out of, or connected with the exercise of the privileges granted A -I by this contract, including, but not limited to, all damages arising from hazardous material spills. B. Insurance Requirements. A-1, its contractors and subcontractors must purchase, at its own expense, and maintain in force at all time during the Term of this Contract the policies of insurance specified in Exhibit C from an insurer qualified to do business in Alaska. Where specific limits are shown, it is understood that they are the minimum acceptable limits, and if the policies contains higher limits, the KIB and the additional insured hereunder shall be entitled to those higher limits. The policies must each name the KIB as an additional insured. The KIB must be provided with certificates of insurance and copies of the policies, a minimum of fifteen (15) days prior to commencing Timber Operations. The policies must provide that coverage shall not be canceled, limited, or allowed to expire until after thirty (30) days written notice has been given to the KIB. The KIB shall have the right, at its option, to pay any delinquent premium on any of the policies if necessary to prevent a cancellation, non -renewal or material alteration thereof; and A-1 must within five (5) business days, reimburse the KIB'S expenditure. In the event that any insurance policy is canceled or the policy is materially changed, A-1 must immediately notify the KIB and cease Timber Operations until certificates of insurance are delivered to and approved in writing by the KIB. The KIB reserves the right to reasonably increase the required insurance coverage limits to be in accordance with the current industry standards by giving 30 days written notice to A-1. C. Risk of Loss. The risk of loss by fire, windstorm, or other cause of any standing, decked or down Merchantable Timber within the Timber Sale Area shall be borne by the holder of title to the timber or logs. The Parties recognize the Contract is for the sale of salvage timber, which is sold "AS ISP The KIB is not obligated to supply, nor is A-1 obligated to accept and pay for, other timber in place of the destroyed or damaged timber. The loss or damage to timber removed from the sale area under the contract is borne by A-1. If the logs cannot meet all requirements for a Phytosanitary Certificate or the Alaska Division of Agriculture cannot issue a Phytosanitary Certificate for standing and down timber in the Timber Sale Area, then A -I may suspend all logging operations and terminate this Contract. The risk that standing or down timber in the Timber Sale Area does not meet all requirements for a Phytosanitary Certificate is bome by the KIB. In the event of contract termination because the logs do not meet the requirements necessary to obtain a Phystosanitary Certificate, title to all trees and decked logs remaining within the sale area will revert back to the KIB. D. Perlormance and Project Bonds. At the time of executing this contract, A-1 must deposit with the KIB Twenty-five Thousand dollars ($25,000.00) as a Performance Bond. All bonds shall be submitted in the form of a cashier's check, money order, time certificate of deposit (with automatic renewal) in the KIB's name in trust for A-1, or surety made payable to the KIB. Bonding must conform to I I AAC 71.095. If cash is used for the Bonding it will be placed by the KIB in a separate KIB account and all interest on the Performance Deposit shall accrue to the benefit of KIB. If A-1 is in default under this Contract and has received notice of such default from the KIB, but has failed to cure such default, the KIB may apply said Bond to pay for the performance of the default obligation and any of the KIB's expenses or damages incurred as a result of A -I's default. A-1 shall remain liable for any deficiency that remains after application of the Performance or Project Bond to any amount owed and within ten (10) days of KIB's said application, A-1 must deposit that sum of money necessary to maintain Performance Bond of Twenty-five Thousand dollars ($25,000.00). Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 114 of 400 AGENDA ITEM #12.B. 13. ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY A. Hazardous Materials. A-1 must not cause or permit to be brought upon, stored or used in or about the Timber Sale Area, or the Roads by A-1, its agents, employees, contractors, or invitees, any Hazardous Materials without the prior written consent of the KIB, which will not be unreasonably withheld by the KIB so long as A-1 demonstrates to the KIB's satisfaction that such Hazardous Materials are reasonably necessary to A -I's Timber Operations and will be used, kept, and stored in a manner that complies with all Laws regulating any such Hazardous Materials. B. Fuel_Stomee. Fueling. Maintenance and Soill Prevention. The KIB hereby consents that A- 1 may bring upon, and use necessary fuel, lubricating oil, hydraulic fluids, explosives, and anti -freeze substances in the Timber Sale Area and on the Roads during the Tern of this Contract only to the extent such items are transported, used, and disposed of in a manner that complies with all Laws and the terns of this Contract. A-1 must maintain and use mobile fuel storage and refueling facilities and must do so in accordance with all applicable Laws. No fixed tank storage is allowed on the sale area. A-1 must have adequate absorbent and cleanup materials on site and in all vehicles and machinery used in the Timber Sale Area to contain spills related to fueling, maintenance and repair operations and damage likely to be sustained in the course of operations. Fuel storage facilities must not be placed within 100 feet of water bodies. Refueling of equipment must not occur on the active flood plain of a water body. C. Sanitation. The sale area must be maintained in a clean and sanitary condition during the operations of A-1. Any foreign materials or wastes such as cans, bottles, barrels, garbage, equipment, equipment parts, or other debris resulting from this operation must be removed from the sale area as they are used and at the latest, upon completion of operations on any cutting unit. D. Immediate Cleanup of Environmental Contamination. In the event A-1 becomes aware of any Environmental Contamination within the Timber Sale Area, A -I must immediately notify the KIB and the Alaska Department of Environmental Conservation of any such Environmental Contamination and (unless provided for otherwise in a KIB-approved joint use Contract between A-1 and other Authorized Users of the Timber Sale Area) must immediately take all actions at its sole expense as are necessary to contain and cleanup Environmental Contamination in a manner consistent with the requirements of Law. Without limiting A -I's containment and cleanup obligations herein, to the extent that it is economically reasonable to do so, A-1 must return the affected area to the condition existing prior to the introduction of any such Hazardous Materials. 14. DEFAULT BY A-1 A. Events of Default by A-1. Any of the following shall be deemed an event of default by A-1 ("Event of Default'): (1) Any representation or warranty made by A-1 that proves to be false in any material respect; (2) A -I's failure or refusal to perform, fulfill, or observe any provision in this Contract or State law, or A -I's breach of any covenant in this Contract; or (3) If A-1 has a receiver appointed for all or any significant part of its assets, becomes insolvent, files a petition in bankruptcy or for reorganization, liquidation, or relief under any bankruptcy, insolvency, or debtor laws, or makes an assignment for the benefit of creditors, or if a petition is filed against it in bankruptcy or under insolvency or debtor laws. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 10 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 115 of 400 AGENDA ITEM #12.B. B. Notice of Default/Cure/Tennination. In the event of default under paragraph M.A. (Events of Default by A-1) above, the KIB will serve written notice on A-1 that states the ground or grounds upon which default is alleged and demand a cure. (1) If A-1 fails to make any payment or deposit any sums due under this Agreement, the KIB shall provide written notice of the breach to A-1 with 5 business days to cure. If A- 1 does not cure such breach within 5 business days after receipt of the written notice of breach, the KIB may, by providing written notice to A-1, suspend operations under this Agreement until the payment or deposit is made or terminate this Agreement 30 days after A-1 receives written notice of termination. The Parties shall retain all rights and remedies available under this Agreement and applicable law. (2) If any Party breaches this Agreement other than by failing to make a payment or deposit any sums due under this Agreement, the non -breaching Party shall provide written notice of the breach to the breaching Party. The written notice shall state the nature of the breach and the cure needed to remedy the breach. If the breaching Party fails to cure the breach within 30 days after receipt of the written notice of breach, the non -breaching Party may, by providing written notice to the breaching Party, suspend operations under this Agreement until the breach is cured or terminate this Agreement 30 days after the breaching Party receives written notice of termination. If, however, the nature of the breach is such that the breaching Party cannot reasonably cure the breach within 30 days and the breaching Party promptly commences curing the breach and thereafter diligently prosecutes the same to completion, then the breaching Party shall not be deemed to be in default. The Parties shall retain all rights and remedies available to it under this Agreement and applicable law. (3) If A-1 is in breach of this Agreement and the breach causes or could potentially cause an immediate and irreversible risk of damage to the KIB, including, for example, fire or damage to water resources, the KIB may suspend those operations in breach of this Agreement by providing written notice to A-1. The written notice shall state the nature of the breach, the immediate and irreversible risk of damage to the KIB, and the cure needed to remedy the breach. If A -I fails to cure the breach within 30 days after receipt of the written notice of suspension, then the KIB may, by providing written notice to A-1, terminate this Agreement 10 days after A-1 receives written notice of termination. If, however, the nature of the breach is such that A-1 cannot reasonably cure the breach within 30 days and A-1 promptly commences curing the breach and thereafter diligently prosecutes the same to completion, then those operations shall continue to be suspended and the KIB shall not terminate this Agreement. The Parties shall retain all rights and remedies available under this Agreement and applicable law. (4) Failure of the KIB to strictly enforce at any time any of the provisions of this Contract shall not be construed to be a waiver or affect the right of the KIB to thereafter strictly enforce such provision. 15. INTERIM AND FINAL ACCOUNTING Upon the expiration of this Contract or within thirty (30) business days of the completion of all remaining obligations of A-1, whichever is earlier, there must be a final accounting between the parties. Within thirty (30) days after all calculations have been made and approved by both parties, and final accounting and other inspections have been completed by the KIB and applicable regulatory agencies, the party indebted to the other must pay the outstanding balance owed to the other party, at which time any remaining Performance Deposit shall be released or refunded. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page I I Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 116 of 400 AGENDA ITEM #12.B. Upon completion of all A-1 obligations under this Contract, the KIB will execute a written release, releasing A-1 from any further obligations under this Contract, except those that specifically survive termination of this Contract. 16. RIGHTS AND OBLIGATIONS UPON EXPIRATION OR TERMINATION OF CONTRACT Rights in Timber Sale Area. Upon the termination or expiration of this Contract, any claim or right A-1 may have in and to the Timber Sale Area, to any Merchantable Timber or logs remaining in the Timber Sale Area, or to the Roads and Related Facilities in the Timber Sale Area shall terminate. Obligation to Remove. Within thirty (30) days of completion or termination of A -I's Timber Operations, whichever is earlier, A-1 shall remove from the Timber Sale Area and the Roads, all equipment, materials, chemicals, goods, supplies, machinery, cable, wastes, structures, and any other items or improvements placed thereon by A-1. The Timber Sale Area and the Roads must be left free of all litter, debris, and all foreign materials generated by A -I's operations. A -I's removal thereof must be made in a manner that does not leave the Timber Sale Area in a dangerous or unsafe condition and allows for reasonable concurrent uses during the removal period. If the above items are not so removed, the items may either be removed from the Timber Sale Area at A -I's expense or shall become property of the KIB if the KIB so elects. 17. NOTICES AND PARTIES' REPRESENTATIVES Any notice, demand, and other communication to be given or delivered under or by reason of the provisions of this Contract shall be in writing and is to be deemed to have been given (a) when delivered if personally delivered by hand, (b) when received if sent by a nationally recognized overnight courier service (receipt requested), or (c) when receipt is acknowledged by an affirmative act of the party receiving notice if sent by facsimile (provided that such an acknowledgement does not include an acknowledgment generated automatically by a facsimile machine). Initial communication from the KIB about significant deficiencies or defects in A -I's operation may be communicated verbally by the KIB at the time of observation. A -I will reasonably begin remedial actions as soon as practicable and consistent with the requirements of this Contract and the Law. These communications between the KIB and A -I will be subsequently chronicled in writing. Notices, demands, and communications to the parties shall, unless another address is specified in writing, be sent to the addresses indicated below: To the KIB: To: KIB Field Rep. Kodiak Island Borough Kodiak Island Borough 710 Mill Bay Road 710 Mill Bay Road Kodiak, Alaska 99615 Kodiak, Alaska 99615 Attn: Manager Attn: Resource Management Officer (907)486-9302 (907)486-9304 Facsimile: (907)496-9374 Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 12 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 117 of 400 To: PURCHASER A-1 Timber Consultants, Inc. PO Box 1001 Chehalis, WA 98532 Atm: Tom Loushin (360)748-0607 Facsimile No.: (360)748-0507 18. ASSIGNMENT OF CONTRACT To: Purchaser's Field Rep. A-1 Timber Consultants, Inc. PO Box 825 Kodiak, AK 99865 Atm: Tom Loushin (907)486-8733 Facsimile No.: (907) 487-1936 AGENDA ITEM #12.B. This contract may not be assigned by A-1 without written consent to such assignment first having been obtained from the KIB and the necessary amendment made to the contract. 19. LIENS A-1 must pay or cause to be paid promptly when due any claim, debt or charge against A-1, which might become a lien against any of the KIB's assets associated with this Contract. A-1 must not suffer or permit any such lien or encumbrances of any kind to be filed against or upon any equipment, improvements, logs, the Timber or the property from which the same are cut, or from the proceeds thereof, regardless of whether the basis of such lien is a claim against A-1 or against an employee, agent, supplier, or subcontractor of A -I. A-1 must keep the Timber Sale Area and Timber free and clear of any and all mechanics, loggers, labor or materialmen's liens arising from the performance of labor upon or the furnishing of materials to the Timber Sale Area. A-1 may contest the validity of any such lien that may be filed by providing reasonable security to the KB. A-1 must post notices of the KIB's non -responsibility pursuant to AS 34.35.065 and AS 34.35.150. 20. REPRESENTATIONS AND WARRANTIES A. KIB. As additional consideration for this sale, the KIB hereby represents, warrants, and disclaims warranties, as follows, which representations, warranties, and disclaimers shall survive the expiration of this Contract: (1) It is duly authorized to enter into this Contract; (2) It makes no warranties, express or implied, as to the access, availability, operability, value, total volume that may be cut in the Timber Sale Area, type, species distribution, grade, quantity, quality, merchantability or fitness for a particular use concerning the Timber and the Timber Sale Area; (3) Its approval of the Timber Sale is not a warranty that timber harvesting in the Timber Sale Area is economically or operationally feasible for A-1; (4) It does not warrant the accuracy of any title, appraisals, timber cruises, investigations or other presale documents or evaluation the KIB has prepared; (5) It does not warrant any other item that extends beyond the written contents of this Contract. B. A-1. As additional consideration for this purchase, A-1 hereby represents and warrants as follows, which representations and warranties shall survive the expiration of this Contract: Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option.4 Page 13 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 118 of 400 AGENDA ITEM #12.B. (1) It has read the above KIB warranty section with care and in its entirety and understands it completely; (2) It has had an unrestricted opportunity to review documents received from the KIB related to this timber sale which are not subject to the attorney-client privilege and has carefully inspected the Timber Sale Area and all Timber on the Timber Sale Area, and except for the KIB's Representations and Warranties set forth in Paragraph I SA (KIB Representations and Warranties) above, A-1 is purchasing the Merchantable Timber and accepting the Timber Sale Area "AS IS;" (3) It has independently considered and made its own determination concerning the physical, legal, and economic facts related to the access to and operations within the Timber Sale Area, log transport, log storage and transfer, delivery conditions, fuel transport and storage, availability of sort yards, matters of title, government regulation, the construction of the required Roads, the harvest of the Timber (and the ease or difficulty in harvesting it), the value, volume, grade, species distribution, type, quality and merchantability of the Timber and the economic feasibility and operability of the timber harvesting and A -I's ability to harvest the Timber, and all other matters related to the harvest and sale of the Timber. A -I assumes each, every, and all risks related to the Merchantable Timber and the Timber Sale Area; (4) It further assumes all risks related to the quantity or quality of rock, sand, gravel, stone or other construction materials in the Timber Sale Area; (5) It is in good standing in accordance with the Laws of the State of Alaska; (6) It is qualified to do business in the State of Alaska; (7) It is duly authorized to enter into this Contract and all agreements and documents contemplated hereby, and to make the representations and warranties set forth herein. When executed and delivered by A -I, this Contract shall constitute a legal, valid, and binding obligation of A-1 that the person executing this Contract for and on behalf of A -I is duly authorized to do so, and that neither the execution of this Contract nor its performance by A- 1 will conflict with or result in the breach of any other instrument, covenant, or undertaking of A-1; (8) All submissions to the KIB by A -I made in relation to this Contract are true and correct; (9) It does not warrant the accuracy of any title, appraisals, timber cruises, investigations or other presale documents or evaluation considered by the KIB in entering into this Contract; (10) It is entering into this Contract based upon its own knowledge and information of the Timber, of the Timber Sale Area, and of the timber business, and not because of any inducement or representation of the KIB, or any representative of the KIB; (1I) It is experienced in the logging industry, has independently reviewed all applicable laws, and has a sufficient working familiarity with such Laws to enable it to obtain necessary permits and comply with same; and (12) It has consulted with an attorney of A -I's own choosing concerning the contents of this Contract. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 14 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 119 of 400 AGENDA ITEM #12.B. 21. VALID EXISTING RIGHTS: The rights granted to A -I under this Contract are subject to all valid existing rights inexistence on the Effective Date whether or not made of record, including without limitation, easements, rights -of- way, reservations, or other interests in land. 22. GENERAL PROVISIONS A. Contractors. A -I shall notify the KIB in writing of all contractors and subcontractors engaged by A-1 to perform Timber Operations relating to this Contract. A-1 must require, by contract, all such contractors and subcontractors to abide by the terns and conditions ofthis Contract, and A-1 must provide them with relevant provisions of this Contract. B. Delivery of Payments. All payments must be delivered to the KIB or to A-1 respectively at the addresses set forth in the Paragraph 17 (Notices and Parties' Representatives). A-1 shall not be entitled to any abatement, deductions or offsets of any amount due to the KIB. All past due amounts shall accrue interest at the interest rate of 4.0% per annum until payment is received. C. Governing Law. This Agreement shall be governed by the laws of the State of Alaska. D. JURY WAIVER. A-1 TIMBER CONSULTANTS, INC. AND THE KODIAK ISLAND BOROUGH ACKNOWLEDGE, AGREE, AND REAFFIRM THAT, IN THIS CONTRACT, A- 1 AND THE KIB HAVE WAIVED, AND CONTINUE TO WAIVE, THE RIGHT TO ANY JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER PARTY. SELLER: KODIAK ISLAND BOROUGH 710 Mill Bay Road Kodiak, Alaska 99615 KODIAK ISLAND BOROUGI-I By: William Roberts Title: Manager PURCHASER: A-1 TIMBER CONSULTANTS, INC. P.O. Box 1001 Chehalis, Washington 98532 A-1 TIMBER CONSULTANTS, INC. Tom Loushin Title: President Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 15 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 120 of 400 AGENDA ITEM #12.B. STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT The Foregoing Instrument was acknowledged before me , of and on behalf of the Kodiak Island Borough on this day of '2016. SUBSCRIBED AND SWORN TO this day of 2016. Notary in and for the State of Alaska My commission expires:_ STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT The Foregoing Instrument was acknowledged before me, of and on behalf of the Corporation on this—day of 2016. SUBSCRIBED AND SWORN TO this _ day of 2016. Notary in and for the State of My commission expires:_ Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 16 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 121 of 400 I EXHIBIT A TIMBER SALE AREA MAP AGENDA ITEM #12.B. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option rl Page 17 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 122 of 400 Ira� a q •m AGENDA ITEM #12.B. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option rl Page 17 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 122 of 400 EXHIBIT B TIMBER SALE DESCRIPTION As indicated in Exhibit A, all the timbered lands and owned by the Kodiak Island Borough found on; section(s) 31 and 32, Township 29 South. Range 18 West, and section(s) 5 and 6, Township 30 South, Range 18 West, all in the Seward Meridian and as described in documents ADL 55850 and ADL 59078. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option A Page 18 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 123 of 400 AGENDA ITEM #12.B. EXHIBIT C INSURANCE POLICIES Without limiting PURCHASER's indemnification, it is agreed that PURCHASER shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the PURCHASER's policy contains higher limits, the KIB shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be fumished to the KIB prior to beginning work and must provide for a 30 -day prior notice of cancellation, nonrenewal or material change of conditions. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for default. All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance under AS 21. a. Workers' Compensation Insurance: The Contractor must provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045. The coverage must include: i. Waiver of subrogation against the KIB by the PURCHASER and all subcontractors associated with the timber sale; if. Employer's Liability Protection at $500,000 each accident/each employee and $500,000 policy limit; iii. "Other States" endorsement if the purchaser or subcontractor directly utilizes labor of residents from outside of the State of Alaska; iv. United States Longshore and Harbor Workers' Act Endorsement, whenever the work involves activity over or about navigable water; and V. Maritime Employer's Liability (Jones Act) Endorsement with a minimum limit of $1,000,000 whenever the work involves activity from or on a vessel on navigable water. b. Commercial Automobile Liability covering all vehicles used in connection with the timber sale. All operators must meet the State minimum requirements for commercial carriers as defined in AS 19.10.300. $200,000 property damage single occurrence. $500,000 bodily injury single occurrence. $2,000,000 combined damage in single occurrence. Kodiak Island Borough Twin Creels Fire Salvage Timber Sale Contract Option A Page 19 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 124 of 400 AGENDA ITEM #12.B. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUMMARY Notice is given to the commissioner that an operation will be conducted on the lands described below and the completed maps attached, (AS 41.17.090). (Print or type) Operator: A-1 Timber Consultant Inc (Entity Responsible for Field Operations) Operator's authorized representative: Tom Loushin, President (Contact Person) Operator's authorized representative signature: (DATE) Operator's representative address: 7205 West Rezanof Drive, PO Box 825 Kodiak City Alaska State Zip LEGAL DESCRIPTION OF OPERATING AREA 29 North Township: 30 Northgange. 18 west Meridian: Seward Section(s): 31 and 32, 5 and 6 NEAREST TOWN/ VILLAGE: City of Kodiak ESTIMATED STARTING DATE: Nay 1, 2016 ESTIMATED COMPLETION DATE: December 31, 2016 VOLUME TO BE HARVESTED: 17,600. cc (estimate) MBF TYPE OF ACTIVITY: Timber Harvesting and Associated Road Construction. Form 10-41.34 (Rev. 06/01/06) Date Received: _ DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 125 of 400 AGENDA ITEM #12.B. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY NOTICE OF OPERATIONS WF DETAILED PLAN OF OPERATIONS Operation name: KIB Salvage Sale Name of nearest USGS named geographical landmark: Chiniak Point (Uses Quad Kodiak C-1) Previously assigned DPO #: N/A Operator: A-1 Timber Consultants Inc (Entity Responsible for Field Operations) Print authorized representative's name: Tom Loushin, President Authorized representative's signature: Address: 7205 West Rezanof Drive, Kodiak, Alaska 99615 Telephone: (907) 486-8733 Fax: (907) 487-1936 E-mail: tom®altimber.net Timberowner: Kodiak Island Borough / A-1 Timber Consultants Inc Print authorized representative's name: Authorized representative's signature: Address: Telephone: Fax: E-mail: Landowner: Kodiak Island Borough Print authorized representative's name: Bill Roberts,Acting Kodiak Island Borough Manager Authorized representative's signature: Address: 710 Mill Bay Road, Kodiak, Alaska 99615-6398 Telephone: (907)486-9300 Fax: (907)486-9396 E-mail: brobertsokodiakak.us INFORMATION ON CORPORATION. LIMITED PARTNERSHIPS. GENERAL PARTNERSHIPS. OR JOINT VENTURES Information has been previously submitted to the Division of Forestry and there have been no changes in any of the business relationships or key personnel. Is this statement true? [X] Yes [ ] No If "no", complete and submit Page(s) 1 and 2 of Supplemental Information Form "A". Form 10-41-34 (Rev. 06 0/ 06) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 126 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS MAP SPECIFICATIONS Attach a USGS quadrangle or similar Vicinity Maoat a 1:63,360 scale (1 inch =1 mile) suitable for black and white duplication on 8 ''/2"xl I" paper which clearly shows the area of operations, a north arrow and if available, the legal subdivisions defining the area. In addition to the above Vicinity Map, the items listed below are required to be identified on a Detailed Plan of Operations Mao (11 AAC 95.220(a)(3)). The plan map should have the following areas identified or estimated if conditions exist that might influence their final location. If any of the items are missing without adequate explanation, this notification will be considered incomplete. The 30 -day review period will not begin until this DPO is submitted in a complete form. The detailed map of operations should be readily reproducible in black and white in a standard size format. However, large formats or colored maps are acceptable if needed for clarity. If more than one sheet is required to adequately show operations, provide matchlines or reference each as a set of drawings i.e. Sheet Iof 4, etc. Submit four (4) copies of your operation plan map. Adequately label notable topographic features on each map ( i.e. water bodies, etc.). Does your operation map identify the following items? If"no" explain why. Form 10.41-34 (Rev. 0601,06) Date Received: DPO 9 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 127 of 400 Yes No Explanation /notes Road Types Permanent [X] [ ] Identified on Maps Temporary [X] [ ] Identified on Maps Winter road [ ] [X] N/A Roads to be closed [X] [ ] Identified on Maps Inactive roads [ ] [X] None proposed Material extraction sites [X] [ ] Identified on Maps End -haul sites and spoil deposit areas [ ] [x] None proposed Areas of unstable soil conditions [ ] [X] None observed Unit boundaries [X] [ ] Identified on Maps Yarding methods and landing areas [X] [ ] Identified on Maps Classified surface water locations [x] [ ] All known Stream crossings and drainage structures [x] [ ] Identified on Maps Proposed activities in riparian areas [X] [ ] Identified on Maps Sort yard and solid waste sites [x] [ ] sort Yard is on record, Municipal landfill Log transfer or barge facility [x] [ ] on record Housing facilities, fuel storage [ ] [X] N/A Section, township and meridian lines [x] [ ] Identified on Maps North arrow, scale bar, plan date [X] [ ] Identified on Maps Form 10.41-34 (Rev. 0601,06) Date Received: DPO 9 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 127 of 400 DETAILED PLAN OF OPERATIONS HARVEST & SILVICULTURAL ACTIVITY SUMMARY SHEET AGENDA ITEM #12.6. Complete the following summary of harvest units and silvicultural actions for all submitted areas. -See attached table.* Unit Label Acres Type of Activity* b .� L Actual vo.n TOTAL ACRES: 763.0 (If more than one kind of activity, list totals by activity.) * i.e. harvest, thinning, planting, etc. m Form 10-41-34 (Rev. 06 01106) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 128 of 400 AGENDA ITEM #12.8. Detailed Plan of Operations Harvest Unit & Silviculture Activity Summary Sheet Twin Creek Fire Salvage Sale Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 129 of 400 Acres Activity_Type Section(s) TWP RNG Actual Layout -Unit—Num KB -01 77.0 Salvage Harvest and Reforestation 31&32/5&6 29S/30S 18W No KB -02 336.0 Salvage Harvest and Reforestation 31/06 29S/30S 18W No KS -03 8.0 Salvage Harvest and Reforestation 31/06 29S/30S 18W No KB -04 308.0 Salvage Harvest and Reforestation 5&6 30 S 18W No KB -05 15 Salvage Harvest and Reforestation 5&6 30S 18W No KB -06 19 Salvage Harvest and Reforestation 5 30S 18W No Total: 763.0 Sa vage Harvest an Reforestation Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 129 of 400 AGENDA ITEM #12.B. AkNOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS HARVEST & SILVICULTURAL CHARACTERISTICS If the silvicultural activities in multiple units share a similar location, topographic characteristics and management treatments, list them on this page as a group. If the characteristics of the units are different, list each unit on a separate page. Attach additional detail pages as necessary to describe the activity. The following information should adequately describe the activity's potential to effect resources deemed important to the State in the Alaska Forest Resources and Practices Act and Regulations. UNIT IDENTIFICATION(S): All unite (xB-01, xB-02, KS -03,& KB -04) Which of the following best describes the unit's topography? [x] Relatively Flat [ ] Uniform Hillside [x] Irregular or Complex Slopes What percent of the unit occupies slopes greater than 67%? of TYPE OF ACTIVITY: [ ] Clearcut [ ] Partial Cut [x] Salvage [ ] Other (Specify) [ ] Precommercial Thinning [ ] Chemical Application [ ] Commercial Thinning CUTTING METHODS: [x] Chainsaw [x] Feller-Buncher [ ] Whole Tree Processor [ ] Other YARDING METHODS: Yoder [x] Cable Yarding Type: [x] High Lead [ ] Skyline [ ] Other [x] Ground Skidding Type: [ ] Crawler Tractor [ ] Rubber Tired Skidder [x] Shovel Will forwarders or other off-road methods be used? [ ]YES [x] NO [ ] Helicopter [ ] Other (Specify) Will the activity be done by the: [x] operator [ ] operator's contractor If "contractor", has the contractor been copied this plan of operations? [ ]YES [ ] NO Name of contractor: List the roads or other means required for the access and removal of this timber from the landowner's property. Chiniak Highway, existing roads and new construction as shown on the attached Harvest Plan Maps. Form 10-41-34 (Rev. 060106) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 130 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS HARVEST & SILVICULTURAL CHARACTERISTICS If the silvicultural activities in multiple units share a similar location, topographic characteristics and management treatments, list them on this page as a group. If the characteristics of the units are different, list each unit on a separate page. Attach additional detail pages as necessary to describe the activity. The following information should adequately describe the activity's potential to effect resources deemed important to the State in the Alaska Forest Resources and Practices Act and Regulations. UNIT IDENTIFICATION(S): KB -CS and xa-os Which of the following best describes the unit's topography? [ ] Relatively Flat [ ] Uniform Hillside [x] Irregular or Complex Slopes What percent of the unit occupies slopes greater than 67%? 199, TYPE OF ACTIVITY: [ ] Clearcut [ ] Partial Cut [x] Salvage (] Other (Specify) [ ] Precommercial Thinning [ ] Chemical Application [ ] Commercial Thinning CUTTING METHODS: [x] Chainsaw [x] Feller-Buncher [ ] Whole Tree Processor [ ] Other YARDING METHODS: Yoder [x] Cable Yarding Type: [x] High Lead [ ] Skyline [ ] Other [x] Ground Skidding Type: [ ] Crawler Tractor [ ] Rubber Tired Skidder [x] Shovel Will forwarders or other off-road methods be used? [ ]YES [ ] NO [ ] Helicopter [ ] Other (Specify) Will the activity be done by the: [x] operator [ ] operator's contractor If "contractor", has the contractor been copied this plan of operations? [ ]YES [ ] NO Name of contractor: List the roads or other means required for the access and removal of this timber from the landowner's property. Chiniak Highway, existing roads and new construction as shown on the attached Harvest Plan Maps. Form 10-11-34 (Rev. 06101 106) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 131 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 132 of 400 j T- d - tM R ma II S i r Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 132 of 400 AGENDA ITEM #12.B. r DETAILED PLAN OF OPERATIONS ROAD ACTIVITY SUMMARY SHEET Complete the following summary of road actions for all submitted areas. -See Attached Table.* Road Label Road Miles Type of Activity* Units Along Road v —I n A"tu'l Yo�°N TOTAL MILES OF NEW CONSTRUCTION: 6. a miles * i.e. new construction, closure, reconstruction, etc. I brrn 10-41-34 (W, Or, 01 06) Date Received: DPO n Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 133 of 400 AGENDA ITEM #12.8. Date 4/22/2016 New Road Construction Details Option "A" TWP RNG Actual Use—Status Name Miles Activity_Type Sectionls) TWP RNG Actual Use—Status Unit KIB-ML 1.5 NC 5/6 305 law No Harvest KB -04 KIB-A 0.7 NC 6 305 18W No Harvest KB -02 KIB-A 0.4 NC 31/32 295 18W No Harvest KB -01 KIB-D 0.3 NC 5 305 18W No Harvest KB -04 KIB-F 0.1 NC 5 30S 18W No <Null> KB -05 KIB-e 0.3 NC 6 30S 18W No Harvest KB -04 KIB-d 0.1 NC 6 30S 18W No Harvest KB -04 KIB-c 0.1 NC 6 305 18W No Harvest KB -04 KIB-C 0.6 NC 6 30S 18W No Harvest KB -02 KIB-B 0.7 NC 6 305 18W No Harvest KB -02 KIB-Bl 0.2 NC 6 305 18W No Harvest KB -02 KIB-b 0.1 NC 6 305 18W No Harvest KB -02 KIB-ML 1.3 NC 31/6 295/305 18W No Harvest KB -02 KIB-Di 0.1 NC 5 305 18W No Harvest KB -04 KIB-a 0.2 NC 6 305 18W No Harvest KB -03 KIB-H 0.1 NC 5/8 30S 18W No Harvest KB -06 KIB-G 0.1 NC 5/8 30S 18W No Harvest KB -05 KIB-E 0.1 NC 5 305 18W No <Null> KB -05 Total 6.8 Imiles Existing Roads Details Name Miles Activity_Type Section(s) TWP RNG Actual Use—Status Unit 2012 -35 spur 0.4 Hauling 32/5 29S/305 18W Yes Harvest KB -01 & KB - 04 Sequel Point Rd. 0.7 Hauling 32 295/305 18W Yes Harvest KB -05 & KB - 06 Airstrip to Pit 0.5 Hauling 32/5 295/305 18W Yes Harvest KB -05 2010-14 spur 0.4 Hauling 5 305 18W Yes Harvest KB -05 "A" Spur 4.6 Hauling 32,33/5,7,8 295/305 18W Yes Harvest KB -05 & KB - 06 "C" Spur 0.81 Hauling 5 & 8 305 18W Yes Harvest KB -05 Chiniak Hwy. 34.9 Hauling N/A N/A N/A Yes Harvest All Units Totall 42.3 Imiles Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 134 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS ROAD CHARACTERISTICS If the road activities share a similar location and topographic characteristics, list them on this page as a group. If the characteristics of the roads are different, list each road on a separate page. Attach additional detail pages as necessary to describe the activity. The following information should adequately describe the activity's potential to effect resources deemed important to the State in the Alaska Forest Resources and Practices Act and Regulations. ROAD IDENTIFICATION(S): All new constructed roads as indicted in the attached New Road Construction Details. [x] New Construction [ ] Reconstruction [ ] Closure ROAD CONSTRUCTION DETAILS: METHOD: [x] Modified natural sub -grade with rock fill overlay. [ ] Modified natural sub -grade with mineral soil overlay. [ ] Modified natural sub -grade with winter/ice road construction: _ One winter only _ More than one winter [ ] Unmodified natural sub -grade, natural running surface. [ ] Reconstruction of one of the above methods (check one). [ ] Other This road is: [ ] Permanent [ ] Temporary What percent of the road occupies side slopes in the following categories: 1002 0-30% 30-67% >67% Are you removing or replacing drainage structures? [ ] YES [x] NO Will the road building be done by the: [x] operator [ ] operator's contractor If "contractor", has the contractor been copied this plan of operations? [ ] YES [ ] NO Name of road contractor: 7 Form 10--41-34 (Rev. 0N01M) Dale Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 135 of 400 ca cCO O fn O cc1p OCL a� ,Z _cn -@Cua) W m E Y cp CO w 0 C6 AGENDA ITEM #12.B. )WOOF 2.aPo>ya v N %O- :� N O 6001 Guls41, OI 3 u d y a m M II \ ) JN U m 2 N IL d U1 K U1 J Y m YOa5 Q 7 SP9 ✓aa c, a�6 � m... I. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 136 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS WATER AND SOIL QUALITY CHARACTERISTICS Is there evidence of previous mass soil movement or surface erosion on the proposed road route or in the unit? If so, where and what methods will you employ to minimize additional soil movement in the future due to your activity? This ie a fire salvage =ale and erosion i= n yo==ihility. hut- unlikely due to the fires characteristics. No erosion has been observed. If erosion is observed to be occurring, best management practices, such as water bars, slash placement, or water diversion techniques will be employed to address the situation. List each known or suspected classified stream (11AAC 95.265) that will be crossed with a road: -see Attached Table. Stream Label stream Road Label and Location Trp` Description Type of Structure Proposed sitevisit Vaal Noa (Shote the location(s) on the operation map and label them appropriately.) List each unit that abuts or encompasses known or suspected classified waters: -see Attached Table.* Unit Label st<aam Stream Label Variation Re uests snnauiisit Type None Attached Lamr Yd No (Show the location(s) on operation map and label them appropriately.) Detail operational activities that you plan to perform within the riparian areas of classified waters (I I AAC 95.265), such as stream crossings, road ROW, skyline corridors, tail -holds, yarding, etc. Show the location(s) on the operation map. The only anticipated activity proposed in riparian areas of classified waters are stream crossings. These crossings will be in or consuucted per AFRP regulation and best management practices. All known classified waters are shown on the attached Form 10-41-34 (Rev. 0&0106) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 137 of 400 AGENDA ITEM #12.B. Detailed Plan of Operations Twin Creek Fire Salvage Sale List of Known Classified Streams that will be Crossed with a Road Stream Label Stream Type Road Label and Location Description Type of Structure Proposed site Visit Requested Capelin Creek Tributary - 259 -25-10030-2001 1A KIB-ML/31-29S-18W Bridge Yes Big Creek- 259-25-10040-2010 1A KIB-ML/ 6 -30S -18W Bridge Yes Capelin Creek -259-25-10030 1A KIB-a/6-30S-18W Bridge Yes Big Creek Tributary 1C KIB-a/6-30S-18W J Culvert Yes Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 138 of 400 AGENDA ITEM #12.B. Detailed Plan of Operations Twin Creek Fire Salvage Sale List of each unit that abuts or encompasses known or suspected classified waters: Unit Label Stream Type Stream Label Variation Request Site Visit Request? Yes/No None Attached Later KB -01 SA Big Creek -259-25-10040-2010 x Yes KB -01 1C Big Creek Tributaries (1) x No KB -02 1A Capelin Creek -259-25-10030 X Yes KB -02 1A Big Creek- 259-25-10040-2010 X Yes KB -02 1C Big Creek Tributaries (2) X No KB -03 3A Capelin Creek- 259-25-10030 X Yes KB -04 3A Big Creek- 259-25-10040-2010 X Yes KB -04 1A Little Creek- 259-25-10040-2010-3020-4010 X Yes KB -04 1A Chiniak River -259-25-10040-2022 X Yes KB -04 1A Chiniak River -259-25-10040 X Yes KB -05 1A Chiniak River -259-25-10040 X Yes KB -05 1A Neptune Creek/Tributary-259-25-10040 X Yes KB -05 1C Neptune Creek Tributary x No KM- 3A Chiniak River -259-25-10040-2022 X Yes KB -56 3A Neptune Creek/Tributary-259-25-10040 X Yes Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 139 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS 40- DETAILED PLAN OF OPERATIONS INSECT INFESTATION OR DISEASE CONTROL METHODS In Regions 11 & 111 (and Region I, if notified by the DOF) slash management for spruce trees or limbs greater than Five (5) inches in diameter will be accomplished by: [ ] Manufacture into cants, lumber, house logs, chips, or firewood. [ ] Burning, subject to applicable regulations (anticipated date of bum: ). [ ] Leaving limbs only. dried by uniform scattering in areas open to sunshine. [ ] Chemically treated, subject to applicable regulations; [ ] Stored in an appropiate manner, as specified (attach correspondence); [X] Other methods (attach correspondence to be approved by the Division). All material 5 inches and greater is anticipated to be utilized as logs, firewood or other uses. I ivrn 10-41-34 (Ree 06 01 Or) Date Received: DPO9 -- Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 140 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS Regeneration of forested land is required within a specified time frame for each Region by the Alaska Forest Resources and Practices Regulations. See Sections I 1 AAC 95.375, .380 and .385 for information on landowner's responsibilities. Operators in Regions II and III must fill out Supplemental Sheet "C" unless a land use conversion or exemption from reforestation is requested. An exemption from the reforestation standards may be given if the landowner can demonstrate to the satisfaction of the Area Forester that: I. The stand is significantly composed of insect and disease -killed, wind thrown, fire killed, or fatally damaged trees; 2 The land will be converted to another use in accordance with 1 I AAC 95.200; 3. The stand will have a residual amount of trees that meet the minimum standards set out in 11 AAC 95.375(b) (3) and (4). [x] Land owner requests an exemption from reforestation under 1 IAAC 95.375(8). Submit supporting documentation as per the Alaska Forest Resources and Practices Regulations or as directed by the Division of Forestry. *see attached letter and supporting documents* [ ] Land use conversion (include a letter to the Division of Forestry stating the nature of the conversion, i.e. commercial, residential, agriculture or recreational land use). REGENERATION METHOD [ ] Landowner will rely on natural regeneration of the site. [ ] Landowner will be artificially regenerating the site. Species and source of seedlings or seed: Date of proposed artificial planting: What method of site preparation will be used? If different types of preparation methods are to be used in the notification area, attach adequate detail to define their location. When will site preparation be accomplished? IN Form /0-4/-34 (Rev. 06 01 0O Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 141 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUPPLEMENTAL INFORMATION FORM "A" CORPORATION, LIMITED PARTNERSHIP, GENERAL PARTNERSHIP, OR JOINT VENTURE INFORMATION INSTRUCTIONS: Corporation, partnership orjoint venture information is required by I I AAC 95.220(b) After the initial submittal of this information, subsequent Detailed Plan of Operations need only make reference to the previously submitted materials. If any of the business relationships or key personnel change during the notification period, this form must be resubmitted as appropriate to maintain compliance with 11 AAC 95.220(b). The following information applies to the: [ X] Operator [ ] Timber Owner [ ] Land Owner In accordance with 11 AAC 95.220(b), CORPORATION: "a corporation must be identified by a copy of the corporation's certificate of incorporation and articles of incorporation showing the corporation's name and articles of incorporation, " [ ] Copy attached Also disclose "The identities of the registered agent, president, vice president, secretary, and treasurer" below: * A copy is on file with the Division* Registered Agent No change President No change Vice President No change Secretary No change Treasurer No change LIMITED PARTNERSHIP: "must be identified by a copy of the limited partnership agreement, evidence of filing of the limited partnership in the real property records as required by AS 32.11, and by the names and addresses of all general partners. [ ] Copy attached (including names and addresses of all parties) [ ] Evidence of filing in Recorder's Office, attached Farm 10-41-34 (Rev. 06,01416) 1 Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 142 of 400 AGENDA ITEM #92.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUPPLEMENTAL INFORMATION FORM `B" MINING RECLAMATION ACT CERTIFICATION This page of the Operations Plan need only be filed once a year for a particular operation area if all statements on this form are applicable to subsequent notifications during the current calendar yew. Silvicultural operations according to Sec 27.19.050 of the Mining Reclamation Act are exempted from bonding and annual reclamation plan filing where less than five acres and less than 50,000 cubic yards of gravel or other materials are disturbed or removed at one location in any yew and there is a cumulative disturbed area of less than five acres at one location. Pursuant to 11 AAC 97.250, A -I Timber Consultants Inc. certifies that: [Company Name] 1. With respect to any material site to be established or operated in the current operating year that lies within the operating area covered by operations titled Twin Creek Fire Salvage Sale (TCFS) , DPO N/A a. the total acreage and volume of the material to be mined from each material site are within the limits set out in AS 27.19.050(a)(2); b. A-1 Timber Consultants Inc. will reclaim all acreage required to be [Company Name] rehabilitated under 11 AAC 95.325; and C. A-1 Timber Consultants Inc. in compliance with the rehabilitation [Company Name] measures required under I I AAC 95.325 will constitute the reclamation measures to be used to reclaim the total area mined; and 2. With respect to any material site established or operated in any prior year that lies within the operating area covered by this plan of operations: a. the area and volume mined from each material site are within the limits set out in AS 27.19.050(a)(2); and b. each material site is in compliance with 11 ACC 95.325 Dated: A-1 Timber Consultants Inc. [Company Name] Form 10-41-34 (Rev. 06/01/06) 0 Title: President A-1 Timber Consultants Inc. Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 143 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 144 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 145 of 400 0 `o iv 0 N a 'O N p m a c E J j ch _ I I 3 o Ql y U a N D Sao o �o v N` m `m a` �J m N j 2 O m V C l0 O Q d � N L (6 O m Q t c6 U) L Ch W Y /m ry CO O O U Y J Capelin GK N Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 145 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 146 of 400 s m, 2 ¢ w O K¢ U Oe O. mrn fd �• J W E c 55 A v v U lG q J> o w `o in a w `o m x j N - I m o L s I i Gr i f Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 146 of 400 -c AGENDA ITEM #92.B. a v z a am` -<%p V F c C a o o m O C K W O o K K m 0 J U tll 1 N IL , J Y N Y U — CL cc ��iii�u iso o Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 147 of 400 z _ I I C /0 Y < \ l 1 W Mm to — ca CO ca N f� OM W W Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 147 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 148 of 400 e v a a O UI m ° m In Ol O °i m a v mmm II UO \ Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 148 of 400 AGENDA ITEM #12.B. n, z 12 `w (J c n' J U m R N ILL d N N C N J Y w Y U I FIR n `a Y Q Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 149 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 150 of 400 AGENDA ITEM #12.B. KODIAK ISLAND BOROUG14 CONTRACT NO. FY2016-43 TWIN CREEKS F/RE SALVAGE TIMBER SALE CONTRACT OPTION NEGOTIATED SALE WITH A-1 TIMBER CONSULTANTS, INC. See AS 38.05.117 & AS 38.05.118(c)(3) The Kodiak Island Borough (`SELLER" and "KIB"), under authority of KID Code 18.70 and other applicable provisions of borough and state law, does hereby agree to sell, and A-1 Timber Consultants, Inc. ("PURCHASER" and "A-Fdoes hereby agree to purchase timber as designated herein, subject to the following terms and conditions. This Contract is effective as of April 22, 2016 ("Effective Dale"). TABLE OF CONTENTS 1. SUMMARY OF AGREEMENT................................................................................................................2 2. DEFINITIONS............................................................................................................................................2 3. SALE OF MERCHANTABLE TIMBER WITH PHYTOSANITARY CERTIFICATE ...........................3 4. RESERVATIONS ............................. »........... _.......................................................................................... 4 5. RIGHTS OF ENTRY AND USE................................................................................................................4 6. TERM OF CONTRACT.............................................................................................................................4 7. PAYMENTS...............................................................................................................................................5 8. PASSAGE OF TITLE.................................................................................................................................5 9. SUBMISSION OF DETAILED PLANS OF OPERATION......................................................................5 10. COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS.......................................................6 11. TIMBER OPERATIONS ................................................. :......................................... _........................... 6 12. RISK MANAGEMENT..........................................................................................................................9 13. ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY.............................................10 14. DEFAULT BY A-1..............................................................................................................................10 15. INTERIM AND FINAL ACCOUNTING............................................................................................11 16. RIGHTS AND OBLIGATIONS UPON EXPIRATION OR TERMINATION OF CONTRACT...... 12 17. NOTICES AND PARTIES' REPRESENTATIVES............................................................................12 18. ASSIGNMENT OF CONTRACT........................................................................................................13 19. LIENS...................................................................................................................................................13 20. REPRESENTATIONS AND WARRANTIES.....................................................................................13 21. VALID EXISTING RIGHTS: ............................................................................................................... 15 22. GENERAL PROVISIONS...................................................................................................................15 EXHIBIT ATIMBER SALE AREA MAP.......................................................................................................17 EXHIBIT BTIMBER SALE DESCRIPTION..................................................................................................18 EXHIBIT CINSURANCE POLICIES.............................................................................................................19 Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 1 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 151 of 400 AGENDA ITEM #12.B. 1. SUMMARY OF AGREEMENT • The Kodiak Island Borough owns land near Chiniak that contains standing and down timber that was damaged by fire in late August 2015 as part of the Twin Creeks Fire. The fire -damaged timber in the Chiniak area will lose substantial economic value if not salvaged within two years of being damaged. • A-1 Timber has the background, experience, and capacity to harvest, tmnspoM and sell standing and down merchantable timber that meets the United States Department of Agriculture Phytosanitary Certificate requirements. • This agreement is for approximately twelve months: 6 May 2016 to 31 May 2017. • Quantity: All Merchantable Timber within the Timber Sale Area except for designated habitat and riparian management zones. • Option B Price: $113.00 per thousand board feet ("MBF") net Scribner scale. • A-1 Timber will transport all logs from the Timber Sale Area over roads on Leisnoi land or other private land. In consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the KIB and A-1 agree as follows: 2. DEFINITIONS Definitions shall include all terms defined by I 1 AAC 71.910 Definitions and the following. If there is a conflict of definition, the regulations shall govern. A. "MBF" means one thousand board feet, net Scribner scale. B. "Construction Materials" includes rock, sand, gravel, logs used for road sub grade or bridge construction, and other construction materials located in the Timber Sale Area. C. "Environmental Contamination" means pollution resulting from the "release" [as that term is defined in AS 46.03.826(9)] of a "Hazardous Material." D. "Hazardous Material" means hazardous substances or materials as defined in Alaska Statutes 46.03.826 and 46.08.900, in 42 U.S.C. § 9601-9657 (CERCLA), in 42 U.S.C. § 9601 (RCRA) and in 40 C.F.R. U.S.C. § 302, as such statutes and regulations may be amended from time to time, and any hazardous and toxic substance, material or waste which is or becomes regulated by any governmental authority. Without limiting the forgoing, "Hazardous Material' includes hydrocarbon fuels such as diesel, fuel oil, gasoline, and lubricating oil. E. "Laws" mean all applicable federal, state or local statutes, regulations, rules, ordinances or Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 2 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 152 of 400 AGENDA ITEM #12.B. permits, orders, directives, and amendments thereto, in effect during the Term of this Contract and as they legally change over time. F. "Merchantable Timber" means all logs designated under this Contract that (a) measure a minimum of 8 inches in diameter on the small end, (b) measure a minimum of 16 feet in length, (c) have a minimum of 30 board feet, (d) meet all requirements for a United States Department of Agriculture Phytosanitary Certificate issued by the Alaska Division of Agriculture, and (e) are not used for road sub grade or bridge construction as set forth herein. G. "Detailed Plan of Operation" or "DPO" means the detailed plan of operations required pursuant to AS 41.17.090 and related state regulations. H. "PURCHASER" means the purchaser of timber, purchaser's agent, employees, representatives, contractors, subcontractors or other individuals or entities operating on behalf of PURCHASER. I. "Road Standards" means road and bridge construction, maintenance, and closeout standards as required under the Alaska Forest Resources Practice Act ("AFRPA") and AFRPA regulations, including 1 I AAC 95.290. J. "Roads" includes all roads, bridges, landings, culverts, and any other transportation facility PURCHASER is authorized to use or to construct pursuant to this Timber Sale Contract. K. 'Slash" means all woody debris resulting from PURCHASER's Timber Operations or from construction of roads or other improvements in the Timber Sale Area. L. "Timber" means all trees, living or dead, standing or down, located within the Timber Sale Area. M. "Timber Harvest Unil(s)" means the unit(s) of Merchantable Timber located within the Timber Sale Area, as designated by the Detailed Plan of Operations. N. "Timber Sale Area' means the real property upon which it is reasonably necessary for PURCHASER to conduct Salvage Timber Operations under this Contract as depicted on Exhibit A and described in Exhibit B. In the event of any conflict between Exhibit A and B, Exhibit B will control. O. "KIB Land" means land owned by the Kodiak Island Borough, and interests and resources in the land, including improvements to the land. 3. SALE OF MERCHANTABLE TIMBER WITH PHYTOSANITARY CERTIFICATE KIB sells to A-1, and A-1 purchases from KIB, all of the Timber, whether standing or down, within the Timber Sale Area as depicted on Exhibit A and described in Exhibit B, at the price and upon the terms set forth herein, whether harvested or not, subject to the provisions under Paragraph 10.0 (Risk of Loss). This sale is (mown as a "stumpage" sale wherein A-1 is purchasing certain standing and down timber owned by the KIB for which A-1 will pay the KIB for all merchantable logs severed based on a net Scribner scaled volume as determined by an independent third party. Upon payment of the performance bond under Paragraph 12.13, title to the timber in the Timber Sale Area, whether standing or down, transfers to A-1. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvi... Page 153 of 400 AGENDA ITEM #12.B. A. This Contract is for the sale of salvage timber within the meaning of AS 38.05.117, which is sold "AS IS." The Parties recognize and agree that for the salvage timber to be merchantable and for the sale of the salvage timber to be economically reasonable, the logs must meet all requirements for a United States Department of Agriculture Phytosanitary Certificate ("Phytosanitary Certificate"), which is issued by the Alaska Division of Agriculture. If the logs cannot meet all requirements for a Phytosanitary Certificate or the Alaska Division of Agriculture cannot issue a Phytosanitary Certificate for standing and down timber in the Timber Sale Area, then A-1 may suspend all logging operations and terminate this Contract. In the event of contract termination because the logs do not meet the requirements necessary to obtain a Phystosanitary Certificate, title to all trees and decked logs remaining within the sale area will revert back to the KIB. sm7;&4R[ATZ.1%HOW The KIB reserves the right to permit other compatible uses of the lands in the contract area which do not unduly impair A -I's operations under this contract, as determined by the KIB. A-1 will avoid using the roads on KIB land when doing so could damage the roads. Use of roads on KIB land may be suspended during breakup or other wet weather conditions at the discretion of the KIB. The KIB hereby reserves the right to use any road constructed by A-1 under this contract for any and all purposes in connection with the protection and administration of KIB lands. Roads constructed or used by A-1 under this contract may be used by third parties in connection with the utilization of KIB or other resources adjacent to the road, provided that on spur roads, such use shall not materially interfere with the operations of A -l. G� l [a3:1 KYa] o f �.11�7:1.1 �IiI�9 y During the Term of this Contract and to the extent it is legally authorized to do so, the KIB hereby grants to A-1 the non-exclusive right to enter upon and use the Timber Sale Area and associated access routes across KIB land in accordance with the terms of the Detailed Plan(s) of Operation and other applicable provisions of this Contract. The granted rights include the right to construct Roads to and within the Timber Sale Area and to use Construction Materials within the Timber Sale Area. Said rights will be exercised as reasonably necessary and at A -l's cost in strict accordance with the Detailed Plan(s) of Operation, applicable provisions of Law, and other applicable provisions of this Contract. Construction Material rights granted hereunder shall not be used to provide benefits to parties other than A-1. 6. TERM OF CONTRACT The Term of this Contract shall commence upon the Effective Date and terminate 31 May 2017, or the date that all obligations under this Contract have been completed, whichever is earlier. If A-1 is prevented or delayed from performing any of its obligations under this Contract by reason of fire, strikes, riots and civil commotions, war and acts of public enemies, storms, floods, and other unusual climatic conditions, including droughts, and acts of God, and any other such cause which is similar in nature to the foregoing and which is beyond the control of A-1 ("Force Majeure"), the Term shall be automatically extended for the period that such Force Majeure continues in effect plus an additional reasonable period thereafter, to be mutually agreed upon in writing by the KIB and A-1, to allow for harvest and removal of the Timber within the Timber Sale Area. All other terms and conditions of this Contract will remain in effect during periods of Force Majeure. Lack of funds on the part of A-1, adverse market conditions, KIB approval or assistance delays, or similar conditions shall not constitute Force Majeure. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 4 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 154 of 400 AGENDA ITEM #12.B. In the event that A-1 desires to extend the term of this Contract for reasons other than Force Majeure, such extension may be granted by the KIB, at the KIB's sole discretion, in consideration for the advance payment of no less than $500.00. The total extension time may not exceed one year. If the contract is extended, the KIB may enter into redetermination of the stumpage fees with A-1 if it deems it in the KIB's best interest. 7. PAYMENTS A. Purchase Price: $113.00 per thousand board feet net Scribner Scale. B. Payment: A-1 shall pay the KIB on a semi-monthly basis on the I" and 15`h of each month for all scaled logs according to the independent scaling company's weekly certificates of scale identifying how much timber has been scaled. The weekly certificates of scale are regularly issued on Mondays for the prior week. A -I's payment to the KIB shall be based on the weekly certificates of scale received 5 days before the semi-monthly payment is due. If the 1" or 15" of any month falls on a weekend or holiday payment will be remitted the following business day. In the event that logging operations are suspended, for any reason, for a period of 60 consecutive days, the Parties shall estimate the amount of timber cut, but not scaled, and A -I shall pay the KIB the estimated amount. If the KIB and A -I differ in their good faith estimates, then the estimates shall be added together and divided by two to determine how much A-1 shall pay the KIB. If logging activities continue after a 60 consecutive day suspension, then the estimated amount paid the KIB for the timber cut but not scaled shall be credited against the logs scaled. Pacific Rim Scaling Bureau will be the independent scaling bureau of choice unless both parties agree to an alternate scaling bureau. Timing and delivery of scaling reports shall be determined and mutually agreed by the parties. A-1 will authorize KIB access to volume data produced by Pacific Rim Scaling Bureau. A-1 is responsible for paying the cost for Pacific Rim Scaling Bureau in its entirety. 8. PASSAGE OF TITLE Upon payment of the performance bond under Paragraph 12.1), title to the Merchantable Timber in the Timber Sale Area, including standing or downed timber, transfers to A-1. The risk of loss or damage will be allocated as provided in Paragraph 12 (Risk Management) herein. 9. SUBMISSION OF DETAILED PLANS OF OPERATION The Parties shall meet within 15 days of the Effective Date of this Contract to determine the volume of timber to be cut this year and during the third quarter of 2016 to determine the volume of timber to be cut next year. The Parties will also determine where A-1 will harvest the timber. Based on the Parties' determinations at the meetings, A-1 shall prepare a draft DPO for the harvest activities and deliver the draft DPO to the KIB for review. The KIB shall promptly review the DPO. Within 15 days after A -I delivers the draft DPO, the KIB shall: (a) approve the DPO, (b) identify specific modifications or changes necessary for it to approve the DPO, or (c) state the reasons why the KIB will not approve the DPO. If the Parties have reached agreement and signed the DPO for this year or for next year, or have agreed to renew the 2016 DPO, A-1 shall submit the signed DPO to the State of Alaska for approval within 30 days of the Effective Date of this Contract for this year and no later than 30 November 2016 for next year. Within 15 days of the date that A-1 has completed harvesting of a harvest unit identified in the DPO, A-1 shall provide written notice to the KIB that it has completed harvesting of the harvest unit. Kodiak Island Borough Twin Creek; Fire Salvage Timber Sale Contract Option B Page 5 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 155 of 400 AGENDA ITEM #12.B. 10. COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS A. Compliance with Laws. A-1 shall conduct all Operations in compliance with the Law. Responsibility for operating in compliance with the Law and rectifying any instances of non- compliance rests solely with A-1. A -I must also comply with the specific requirements of applicable laws specified in this contract that apply to this timber sale. B. Responsibility for Acquisition of Permits. Authorizations and Approvals. A4 is responsible for the acquisition of necessary permits, licenses, fees, and other regulatory approvals at its cost. C. Notification of Violation. Within twenty four (24) hours of A -I's knowledge, A-1 must notify the KIB and applicable regulating agencies of any regulatory or permit violations that have occurred as a result of actions by A-1 or A -I's agent, representatives, contractors, subcontractors, or other individuals or entities operating on behalf of A -l. In the event of a citizen complaint, A-1 has no duty to notify the KIB if A-1 in good faith believes there is no basis for a claim of regulatory violation or A-1 reasonably believes the KIB has notice of the citizen complaint. 11. TIMBER OPERATIONS A. DPO Requirements. Unless otherwise provided for, A4 shall be responsible for performing its operations based on new and existing road and unit layout and design. A-1 must do so in strict compliance with applicable Laws and the approved DPO. B. Utilization. Unless otherwise mutually agreed upon by the KIB and A-1, A4 is required to yard all logs that meet the definition of Merchantable Timber. C. Slash Disposal. All accumulations of forest products that do not meet the definition of Merchantable Timber shall be either well scattered or piled so to minimize occupation of reforestable ground. A4 must comply with all applicable AFRPA laws and regulations, including I I AAC 95.370, relating to the disposal or accumulation of slash. A4 will take reasonable measures to reduce slash in the Timber Sale Area. Reasonable measures to reduce slash include removing logs that do not meet the definition of Merchantable Timber to the sort yard at Bruhn Point, stacking logs that may be suitable for firewood in the Timber Sale Area, concentrating slash piles within the Timber Sale Area, and not creating slash piles within 100' of identified residential properties, the tsunami/library lot, or the unit cutting lines. D. Stump Height. Stumps shall not exceed on the side, adjacent to the highest ground, twelve inches, except that occasional stumps of greater heights shall be acceptable when necessary for safe and efficient conduct of logging. E. Reforestation. The KIB is responsible for all reforestation, including all reforestation obligations required under applicable Laws. The KIB will develop a reforestation plan and specifications that may be put out to bid after the salvage harvest has begun and shall be addressed in such time frame to allow adequate seed source to be secured for planting no later than Fall 2017. This Contract is a sole source contract, and any reforestation contract will be by a competitive bid process that A-1 may participate in. A-1 will work with the successful bidder to reasonably accomplish reforestation. F. Roads. A-1 must, at its cost, construct, reconstruct, and improve roads in accordance with applicable AFRPA laws and regulations and the DPOs. It is the responsibility of A-1 to enter into agreements with adjoining land owners as to any shared use maintenance requirements, or fees, paid by A-1 on roads owned or maintained by other entities, including, but not limited to private, federal, state, and local landowners or administrators. A-1 must obtain all necessary permits and approvals (including any road use Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 6 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 156 of 400 AGENDA ITEM #12.B. agreements) and provide copies to the KIB. All borrow and waste areas utilized in the construction or maintenance of the roads and facilities by A-1 require the submittal of development plans and approval by the KIB. A-1 shall not create any borrow pits within 100' of identified residential properties or the tsunami/library lot. Unless otherwise requested by the KIB, A-1 shall reclaim borrow pits in a manner to allow reforestation by the KIB. By separate sole -source contract, the KIB may contract with A-1 to harvest timber at the tsunami/library lot and install a gravel parking area. G. Maintenance. During the Term of this Contract, A-1, at its cost, must maintain the Timber Sale Area, Roads, and all other improvements used by A4 in connection with this Contract, in a clean, sanitary, and safe condition and in accordance with applicable Laws, the DPOs, and the provisions of this Contract. A -I may share maintenance obligations with other Authorized Users of the Timber Sale Area, subject to the terms and conditions of joint use agreements that are approved in writing by the KIB. Cleanup measures and other maintenance must be kept reasonably current with timber harvest operations. H. Fire. A -I must take all necessary precautions for the prevention of forest fires and shall be responsible for the suppression costs of any and all destructive or uncontrolled fires occurring within or outside the contract area resulting from any and all operations involved in the removal of the timber under the provisions of this contract. AS 41.15.050 establishes the fire season from April 1 — August 31, inclusive, during each year. (1) Prevention and Suppression. During the Term of this Contract, A-1 must make every effort to prevent and suppress fires within the Timber Sale Area. Unless otherwise required herein, or prevented by circumstances, over which A-1 has no control, A-1 must place its equipment, employees, purpose of fighting forest fires within or near the Timber Sale Area. (2) Presence of Fire Equipment. A4 must ensure that both the road building crew and logging crews have adequate fire -fighting equipment and training for use on site when operating in the Timber Sale Area, pursuant to the DPOs. In the event of "extreme fire danger," A-1 must maintain a fire watch at the active Timber Operation areas for a minimum of one hour atter work has stopped for the day, unless the KIB suspends Timber Operation until the fire danger is reduced. (3) Harvest equipment including but not limited to harvesters, skidders, loaders, chainsaws, feller-bunchers, forwarders, bulldozers, etc., will be maintained and kept in good operating condition. Exhaust systems will have spark arrestors or screens with openings smaller than 0.023 inches. The exemptions to this rule are highway registered vehicles and turbocharged equipment where 100% of the gas passes through the turbine wheel. (4) Reporting. A-1 must report all fires to the Alaska Division of Forestry in Kenai at (907)-260- 4200 immediately after becoming aware of a fire or imminent threat of fire. I. Timber Trespass. Unless otherwise agreed, A-1 may not fell or damage any tree not within the boundary of the Timber Sale Area. A-1 shall be liable for all trespass damages and must properly locate its operations within the Timber Sale Area. A-1 may only be assessed penalties for trespass associated with the Alaska Forest Resources and Practices Act (AFRPA) under AS 41.17, 11 AAC 95, which does not supersede any remedies other landowners may have under applicable laws. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 7 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 157 of 400 AGENDA ITEM #12.B. J. KIB Inspections. The KIB and its representatives, shall at all times have access to observe and inspect the Timber Operations of A-1 and must be furnished such information, documentation and assistance by A -I as may be reasonably requested by the KIB for the purpose of ensuring compliance with this Contract and applicable Laws. K. Emergency Repairs by the KIB. In the event A-1 refuses to make a repair of an emergency nature to improvements or structures in the Timber Sale Area after being requested to do so by the KIB or regulatory agency, except when these emergency repairs result from the gross negligence of the KIB, the KB shall be entitled to make the repairs and bill A-1 for the actual cost of making such repairs. Emergency repair or improvement of the sale area necessary to keep A-1 in compliance with federal, State, and local laws and regulations is A -1'S responsibility. If the emergency repairs are not required by law or in this contract, the KIB will reimburse A -I for the cost of repairs. All emergency work covered by this contract must be authorized in writing by the KIB prior to commencing unless prevailing conditions will cause imminent and significant irreparable damage to the KIB's resources. L. Use of Timber Sale Area. A -I may only use the Timber Sale Area for actions related to the harvest of Merchantable Timber. The Timber Sale Area may not be used for any other commercial purpose. Existing facilities owned by the KIB in the sale area, including but not limited to roads, bridges gates, culverts, and signs may be used by A-1 in connection with this sale without further approval unless such use is limited or prevented elsewhere in this Contract. Existing improvements used by A-1 must be kept in good repair by A-1. M. Fish Snawnine Waters. All operations in connection with this contract adjacent to lakes, streams, or important fish waters must be conducted so as to avoid stream silting and must not interfere with the passage of fish or injure the spawning grounds, in accordance with AS 41.14. N. Archeological Sites. If, during the course of operations, any physical remains of historic, archaeological, or paleontological nature are discovered, work in that immediate vicinity must cease and the KIB must be notified. The Alaskan Historic Preservation Act prohibits the appropriation, excavation, removal, injury, or destruction of any historic, prehistoric or archaeological resources of the State. 0. Monuments and Markers. A-1 must reasonably protect all known land survey monuments and witness trees and markers from damage or obliteration. A-1 may cut painted, blazed, or lagged trees that mark the boundary of the sale area or cutting units. P. A -I's Right to Restrict Access. A-1 may take reasonable measures, in coordination with the KIB, to restrict access to the Timber Harvest Area that are necessary for safe and efficient operations. Reasonable measures include, but are not limited to, gating roads and limiting access to harvest units. Q. Hours and Manner of Operation. A-1 will reasonably limit the hours of harvesting operations within 500' of identified residential properties to between the hours of 7:00 a.m. and 9:00 p.m. Trucking and log hauling activities will occur within 500' of identified residential properties and may occur before 7:00 a.m. and after 9:00 p.m. Except as reasonably necessary for safety reasons, A-1 will not use compression brakes within 500' of identified residential properties. R. Additional Harvesting Requests and Additional Reservations. By written agreement, signed by both parties, the KIB and A-1 may agree to certain areas where harvesting will not occur, may agree to harvest certain additional areas, and may agree to harvest timber to protect power lines and school property. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 8 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 158 of 400 AGENDA ITEM #12.B. 12. RISK MANAGEMENT A. Indemnification. A -I shall defend, indemnify, and hold the KIB hamtless from any and all claims, demands, suits, loss, liability and expense, for injury to, or death of persons and damage to, or loss of property arising out of, or connected with the exercise of the privileges granted A-1 by this contract, including, but not limited to, all damages arising from hazardous material spills. B. Insurance Requirements. A-1, its contractors and subcontractors must purchase, at its own expense, and maintain in force at all time during the Term of this Contract the policies of insurance specified in Exhibit C from an insurer qualified to do business in Alaska. Where specific limits are shown, it is understood that they are the minimum acceptable limits, and if the policies contains higher limits, the KIB and the additional insured hereunder shall be entitled to those higher limits. The policies must each name the KIB as an additional insured. The KIB must be provided with certificates of insurance and copies of the policies, a minimum of fifteen (15) days prior to commencing Timber Operations. The policies must provide that coverage shall not be canceled, limited, or allowed to expire until after thirty (30) days written notice has been given to the KIB. The KIB shall have the right, at its option, to pay any delinquent premium on any of the policies if necessary to prevent a cancellation, non -renewal or material alteration thereof, and A-1 must within five (5) business days, reimburse the KIB'S expenditure. In the event that any insurance policy is canceled or the policy is materially changed, A -I must immediately notify the KIB and cease Timber Operations until certificates of insurance are delivered to and approved in writing by the KIB. The KIB reserves the right to reasonably increase the required insurance coverage limits to be in accordance with the current industry standards by giving 30 days written notice to A-1. C. Risk of Loss. The risk of loss by fire, windstorm, or other cause of any standing, decked or down Merchantable Timber within the Timber Sale Area shall be home by the holder of title to the timber or logs. The Parties recognize the Contract is for the sale of salvage timber, which is sold "AS IS." The KIB is not obligated to supply, nor is A -I obligated to accept and pay for, other timber in place of the destroyed or damaged timber. The loss or damage to timber removed from the sale area under the contract is home by A-1. If the logs cannot meet all requirements for a Phytosanitary Certificate or the Alaska Division of Agriculture cannot issue a Phytosanitary Certificate for standing and down timber in the Timber Sale Area, then A-1 may suspend all logging operations and terminate this Contract. The risk that standing or down timber in the Timber Sale Area does not meet all requirements for a Phytosanitary Certificate is borne by the KIB. In the event of contract termination because the logs do not meet the requirements necessary to obtain a Phystosanitary Certificate, title to all trees and decked logs remaining within the sale area will revert back to the KIB. D. Performance and Project Bonds. At the time of executing this contract, A-1 must deposit with the KIB Twenty-five Thousand dollars ($25,000.00) as a Performance Bond. All bonds shall be submitted in the form of a cashier's check, money order, time certificate of deposit (with automatic renewal) in the KIB's name in trust for A-1, or surety made payable to the KIB. Bonding must conform to 11 AAC 71.095. If cash is used for the Bonding it will be placed by the KIB in a separate KIB account and all interest on the Performance Deposit shall accrue to the benefit of KIB. If A-1 is in default under this Contract and has received notice of such default from the KIB, but has failed to cure such default, the KIB may apply said Bond to pay for the performance of the default obligation and any of the KIB's expenses or damages incurred as a result of A -I's default. A-1 shall remain liable for any deficiency that remains after application of the Performance or Project Bond to any amount owed and within ten (10) days of KIB's said application, A-1 must deposit that sum of money necessary to maintain Performance Bond of Twenty-five Thousand dollars ($25,000.00). Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 159 of 400 AGENDA ITEM #12.B. 13. ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY A. Hazardous Materials. A-1 must not cause or permit to be brought upon, stored or used in or about the Timber Sale Area, or the Roads by A-1, its agents, employees, contractors, or invitees, any Hazardous Materials without the prior written consent of the KIB, which will not be unreasonably withheld by the KIB so long as A4 demonstrates to the KIB's satisfaction that such Hazardous Materials are reasonably necessary to A -I's Timber Operations and will be used, kept, and stored in a manner that complies with all Laws regulating any such Hazardous Materials. B. Fuel Storage. Fueling. Maintenance and Spill Prevention. The KIB hereby consents that A- 1 may bring upon, and use necessary fuel, lubricating oil, hydraulic fluids, explosives, and anti -freeze substances in the Timber Sale Area and on the Roads during the Term of this Contract only to the extent such items are transported, used, and disposed of in a manner that complies with all Laws and the terms of this Contract. A-1 must maintain and use mobile fuel storage and refueling facilities and must do so in accordance with all applicable Laws. No fixed tank storage is allowed on the sale area. A-1 must have adequate absorbent and cleanup materials on site and in all vehicles and machinery used in the Timber Sale Area to contain spills related to fueling, maintenance and repair operations and damage likely to be sustained in the course of operations. Fuel storage facilities must not be placed within 100 feet of water bodies. Refueling of equipment must not occur on the active flood plain of a water body. C. Sanitation. The sale area must be maintained in a clean and sanitary condition during the operations of A-1. Any foreign materials or wastes such as cans, bottles, barrels, garbage, equipment, equipment parts, or other debris resulting from this operation must be removed from the sale area as they are used and at the latest, upon completion of operations on any cutting unit. D. Immediate Cleanup of Environmental Contamination. In the event A-1 becomes aware of any Environmental Contamination within the Timber Sale Area, A-1 must immediately notify the KIB and the Alaska Department of Environmental Conservation of any such Environmental Contamination and (unless provided for otherwise in a KIB-approved joint use Contract between A-1 and other Authorized Users of the Timber Sale Area) must immediately take all actions at its sole expense as are necessary to contain and cleanup Environmental Contamination in a manner consistent with the requirements of Law. Without limiting A -I's containment and cleanup obligations herein, to the extent that it is economically reasonable to do so, A-1 must return the affected area to the condition existing prior to the introduction of any such Hazardous Materials. 14. DEFAULT BY A -I A. Events of Default by A-1. Any of the following shall be deemed an event of default by A -I ("Event of Default"): (1) Any representation or warranty made by A-1 that proves to be false in any material respect; (2) A -Ps failure or refusal to perform, fulfill, or observe any provision in this Contract or State law, or A -I's breach of any covenant in this Contract; or (3) If A-1 has a receiver appointed for all or any significant part of its assets, becomes insolvent, files a petition in bankruptcy or for reorganization, liquidation, or relief under any bankruptcy, insolvency, or debtor laws, or makes an assignment for the benefit of creditors, or if a petition is filed against it in bankruptcy or under insolvency or debtor laws. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sole Contract Option B Page 10 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 160 of 400 AGENDA ITEM #12.B. B. Notice of Default/Cure/Termination. In the event of default under paragraph W.A. (Events of Default by A-1) above, the KIB will serve written notice on A-1 that states the ground or grounds upon which default is alleged and demand a cure. (1) If A-1 fails to make any payment or deposit any sums due under this Agreement, the KIB shall provide written notice of the breach to A-1 with 5 business days to cure. If A- 1 does not cure such breach within 5 business days after receipt of the written notice of breach, the KIB may, by providing written notice to A-1, suspend operations under this Agreement until the payment or deposit is made or terminate this Agreement 30 days after A-1 receives written notice of termination. The Parties shall retain all rights and remedies available under this Agreement and applicable law. (2) If any Party breaches this Agreement other than by failing to make a payment or deposit any sums due under this Agreement, the non -breaching Party shall provide written notice of the breach to the breaching Party. The written notice shall state the nature of the breach and the cure needed to remedy the breach. If the breaching Party fails to cure the breach within 30 days after receipt of the written notice of breach, the non -breaching Party may, by providing written notice to the breaching Party, suspend operations under this Agreement until the breach is cured or terminate this Agreement 30 days after the breaching Party receives written notice of termination. If, however, the nature of the breach is such that the breaching Party cannot reasonably cure the breach within 30 days and the breaching Party promptly commences curing the breach and thereafter diligently prosecutes the same to completion, then the breaching Party shall not be deemed to be in default. The Parties shall retain all rights and remedies available to it under this Agreement and applicable law. (3) If A -I is in breach of this Agreement and the breach causes or could potentially cause an immediate and irreversible risk of damage to the KIB, including, for example, fire or damage to water resources, the KIB may suspend those operations in breach of this Agreement by providing written notice to A-1. The written notice shall state the nature of the breach, the immediate and irreversible risk of damage to the KIB, and the cure needed to remedy the breach. If A4 fails to cure the breach within 30 days after receipt of the written notice of suspension, then the KIB may, by providing written notice to A-1, terminate this Agreement 10 days after A-1 receives written notice of termination. If, however, the nature of the breach is such that A-1 cannot reasonably cure the breach within 30 days and A-1 promptly commences curing the breach and thereafter diligently prosecutes the same to completion, then those operations shall continue to be suspended and the KIB shall not terminate this Agreement. The Parties shall retain all rights and remedies available under this Agreement and applicable law. (4) Failure of the KIB to strictly enforce at any time any of the provisions of this Contract shall not be construed to be a waiver or affect the right of the KIB to thereafter strictly enforce such provision. 15. INTERIM AND FINAL ACCOUNTING Upon the expiration of this Contract or within thirty (30) business days of the completion of all remaining obligations of A-1, whichever is earlier, there must be a final accounting between the parties. Within thirty (30) days after all calculations have been made and approved by both parties, and final accounting and other inspections have been completed by the KIB and applicable regulatory agencies, the party indebted to the other must pay the outstanding balance owed to the other party, at which time any remaining Performance Deposit shall be released or refunded. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 11 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 161 of 40D AGENDA ITEM #12.B. Upon completion of all A-1 obligations under this Contract, the KIB will execute a written release, releasing A-1 from any further obligations under this Contract, except those that specifically survive termination of this Contract. 16. RIGHTS AND OBLIGATIONS UPON EXPIRATION OR TERMINATION OF CONTRACT Rights in Timber Sale Area. Upon the termination or expiration of this Contract, any claim or right A-1 may have in and to the Timber Sale Area, to any Merchantable Timber or logs remaining in the Timber Sale Area, or to the Roads and Related Facilities in the Timber Sale Area shall terminate. Obligation to Remove. Within thirty (30) days of completion or termination of A -I's Timber Operations, whichever is earlier, A-1 shall remove from the Timber Sale Area and the Roads, all equipment, materials, chemicals, goods, supplies, machinery, cable, wastes, structures, and any other items or improvements placed thereon by A -l. The Timber Sale Area and the Roads must be left free of all litter, debris, and all foreign materials generated by A -I's operations. A -I's removal thereof must be made in a manner that does not leave the Timber Sale Area in a dangerous or unsafe condition and allows for reasonable concurrent uses during the removal period. If the above items are not so removed, the items may either be removed from the Timber Sale Area at A -Ps expense or shall become property of the KIB if the KIB so elects. 17. NOTICES AND PARTIES' REPRESENTATIVES Any notice, demand, and other communication to be given or delivered under or by reason of the provisions of this Contract shall be in writing and is to be deemed to have been given (a) when delivered if personally delivered by hand, (b) when received if sent by a nationally recognized overnight courier service (receipt requested), or (c) when receipt is acknowledged by an affirmative act of the party receiving notice if sent by facsimile (provided that such an acknowledgement does not include an acknowledgment generated automatically by a facsimile machine). Initial communication from the KIB about significant deficiencies or defects in A -I's operation may be communicated verbally by the KIB at the time of observation. A-1 will reasonably begin remedial actions as soon as practicable and consistent with the requirements of this Contract and the Law. These communications between the KIB and A4 will he subsequently chronicled in writing. Notices, demands, and communications to the parties shall, unless another address is specified in writing, be sent to the addresses indicated below: To the KIB: To: KIB Field Rep. Kodiak Island Borough Kodiak Island Borough 710 Mill Bay Road 710 Mill Bay Road Kodiak, Alaska 99615 Kodiak, Alaska 99615 Attn: Manager Attn: Resource Management Officer (907)486-9302 (907)486-9304 Facsimile: (907)496-9374 Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 12 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 162 of 400 To: PURCHASER A-1 Timber Consultants, Inc. PO Box 1001 Chehalis, WA 98532 Atm: Tom Loushin (360)748-0607 Facsimile No.: (360) 748-0507 18. ASSIGNMENT OF CONTRACT To: Purchaser's Field Rep. A-1 Timber Consultants, Inc. PO Box 825 Kodiak, AK 99865 Atm: Tom Loushin (907)486-8733 Facsimile No.: (907) 487-1936 AGENDA ITEM #12.B. This contract may not be assigned by A-1 without written consent to such assignment first having been obtained from the KIB and the necessary amendment made to the contract. 19. LIENS A-1 must pay or cause to be paid promptly when due any claim, debt or charge against A-1, which might become a lien against any of the KIB's assets associated with this Contract. A -I must not suffer or permit any such lien or encumbrances of any kind to be filed against or upon any equipment, improvements, logs, the Timber or the property from which the same are cut, or from the proceeds thereof, regardless of whether the basis of such lien is a claim against A-1 or against an employee, agent, supplier, or subcontractor of A-1. A-1 must keep the Timber Sale Area and Timber free and clear of any and all mechanics, loggers, labor or materialmen's liens arising from the performance of labor upon or the furnishing of materials to the Timber Sale Area. A-1 may contest the validity of any such lien that may be filed by providing reasonable security to the KIB. A-1 must post notices of the KIB's non -responsibility pursuant to AS 34.35.065 and AS 34.35.150. 20. REPRESENTATIONS AND WARRANTIES A. KIB. As additional consideration for this sale, the KIB hereby represents, warrants, and disclaims warranties, as follows, which representations, warranties, and disclaimers shall survive the expiration of this Contract: (I) It is duly authorized to enter into this Contract (2) It makes no warranties, express or implied, as to the access, availability, operability, value, total volume that may be cut in the Timber Sale Area, type, species distribution, grade, quantity, quality, merchantability or fitness for a particular use concerning the Timber and the Timber Sale Area; (3) Its approval of the Timber Sale is not a warranty that timber harvesting in the Timber Sale Area is economically or operationally feasible for A -I; (4) It does not warrant the accuracy of any title, appraisals, timber cruises, investigations or other presale documents or evaluation the KIB has prepared; (5) It does not warrant any other item that extends beyond the written contents of this Contract. B. A-1. As additional consideration for this purchase, A -I hereby represents and warrants as Follows, which representations and warranties shall survive the expiration of this Contract: Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 13 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 163 of 400 AGENDA ITEM #12.B. (1) It has read the above KIB warranty section with care and in its entirety and understands it completely; (2) It has had an unrestricted opportunity to review documents received from the KIB related to this timber sale which are not subject to the attorney-client privilege and has carefully inspected the Timber Sale Area and all Timber on the Timber Sale Area, and except for the KIB's Representations and Warranties set forth in Paragraph 18A (KIB Representations and Warranties) above, A-1 is purchasing the Merchantable Timber and accepting the Timber Sale Area "AS IS" (3) It has independently considered and made its own determination concerning the physical, legal, and economic facts related to the access to and operations within the Timber Sale Area, log transport, log storage and transfer, delivery conditions, fuel transport and storage, availability of sort yards, matters of title, government regulation, the construction of the required Roads, the harvest of the Timber (and the ease or difliculty in harvesting it), the value, volume, grade, species distribution, type, quality and merchantability of the Timber and the economic feasibility and operability of the timber harvesting and A -I's ability to harvest the Timber, and all other matters related to the harvest and sale of the Timber. A-1 assumes each, every, and all risks related to the Merchantable Timber and the Timber Sale Area; (4) It further assumes all risks related to the quantity or quality of rock, sand, gravel, stone or other construction materials in the Timber Sale Area; (5) It is in good standing in accordance with the Laws of the State of Alaska; (6) It is qualified to do business in the State of Alaska; (7) It is duly authorized to enter into this Contract and all agreements and documents contemplated hereby, and to make the representations and warranties set forth herein. When executed and delivered by A-1, this Contract shall constitute a legal, valid, and binding obligation of A-1 that the person executing this Contract for and on behalf of A-1 is duly authorized to do so, and that neither the execution of this Contract nor its performance by A- 1 will conflict with or result in the breach of any other instrument, covenant, or undertaking of A- 1; (8) All submissions to the KIB by A-1 made in relation to this Contract are true and correct; (9) It does not warrant the accuracy of any title, appraisals, timber cruises, investigations or other presale documents or evaluation considered by the KIB in entering into this Contract; (10) It is entering into this Contract based upon its own knowledge and information of the Timber, of the Timber Sale Area, and of the timber business, and not because of any inducement or representation of the KIB, or any representative of the KIB; (11) It is experienced in the logging industry, has independently reviewed all applicable laws, and has a sufficient working familiarity with such Laws to enable it to obtain necessary permits and comply with same; and (12) It has consulted with an attorney of A -I's own choosing concerning the contents of this Contract. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 14 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 164 of 400 AGENDA ITEM #12.B. 21. VALID EXISTING RIGHTS: The rights granted to A -I under this Contract are subject to all valid existing rights in existence on the Effective Date whether or not made of record, including without limitation, easements, rights -of- way, reservations, or other interests in land. 22. GENERAL PROVISIONS A. Contractors. A-1 shall notify the KIB in writing of all contractors and subcontractors engaged by A-1 to perform Timber Operations relating to this Contract. A-1 must require, by contract, all such contractors and subcontractors to abide by the terms and conditions of this Contract, and A-1 must provide them with relevant provisions of this. Contract. B. Delivery of Payments. All payments must be delivered to the KIB or to A-1 respectively at the addresses set forth in the Paragraph 17 (Notices and Parties' Representatives). A -I shall not be entitled to any abatement, deductions or offsets of any amount due to the KIB. All past due amounts shall accrue interest at the interest rate of 4.0% per annum until payment is received. C. Governing Law. This Agreement shall be governed by the laws of the State of Alaska. D. JURY WAIVER. A -I TIMBER CONSULTANTS, INC. AND THE KODIAK ISLAND BOROUGH ACKNOWLEDGE, AGREE, AND REAFFIRM THAT, IN THIS CONTRACT, A- 1 AND THE KIB HAVE WAIVED, AND CONTINUE TO WAIVE, THE RIGHT TO ANY JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER PARTY. SELLER: KODIAK ISLAND BOROUGH 710 Mill Bay Road Kodiak, Alaska 99615 KODIAK ISLAND BOROUGH William Roberts Title: Manager PURCHASER: A -I TIMBER CONSULTANTS, INC. P.O. Box 1001 Chehalis, Washington 98532 A-1 TIMBER CONSULTANTS, INC. By: Tom Loushin Title: President Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 15 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 165 of 400 AGENDA ITEM #12.B. STATE OF ALASKA as. THIRD JUDICIAL DISTRICT The Foregoing Instrument was acknowledged before me. of and on behalf of the Kodiak Island Borough on this day ofL_, 2016. SUBSCRIBED AND SWORN TO this day of 2016. Notary in and for the State of Alaska My commission expires:_ STATE OF ALASKA as. THIRD JUDICIAL DISTRICT The Foregoing Instrument was acknowledged before me, of and on behalf of the Corporation on this—day of 2016. SUBSCRIBED AND SWORN TO this _ day of 2016. Notary in and for the State of My commission expires:_ Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 16 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 166 of 400 EXHIBIT A TIMBER SALE AREA MAP i 1= 1 H I I+ a r I� m � � E c AGENDA ITEM #12.B. o) ;0 o) v ;R CO _.�N Nvv z'Z- 00 m rn o Qpm Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 17 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 167 of 400 AGENDA ITEM #12.B. EXHIBIT B TIMBER SALE DESCRIPTION As indicated in Exhibit A, all the timbered lands and owned by the Kodiak Island Borough found on; section(s) 31 and 32, Township 29 South, Range 18 West, and section(s) 5 and 6, Township 30 South, Range 18 West, all in the Seward Meridian and as described in documents ADL 55850 and ADL 59078. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 18 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 168 of 400 AGENDA ITEM #12.B. EXHIBIT C INSURANCE POLICIES Without limiting PURCHASER's indemnification, it is agreed that PURCHASER shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the PURCHASER's policy contains higher limits, the KB shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the KIB prior to beginning work and must provide for a 30 -day prior notice of cancellation, nonrenewal or material change of conditions. Failure to fumish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for default. All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance gnder AS 21. a. Workers' Compensation Insurance: The Contractor must provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045. The coverage must include: i. Waiver of subrogation against the KIB by the PURCHASER and all subcontractors associated with the timber sale; ii. Employer's Liability Protection at $500,000 each accident/each employee and $500,000 policy limit; iii. "Other States" endorsement if the purchaser or subcontractor directly utilizes labor of residents from outside of the State of Alaska; iv. United States Longshore and Harbor Workers' Act Endorsement, whenever the work involves activity over or about navigable water; and V. Maritime Employer's Liability (Jones Act) Endorsement with a minimum limit of $1,000,000 whenever the work involves activity from or on a vessel on navigable water. b. Commercial Automobile Liability covering all vehicles used in connection with the timber sale. All operators must meet the State minimum requirements for commercial carriers as defined in AS 19.10.300. $200,000 property damage single occurrence. $500,000 bodily injury single occurrence. $2,000,000 combined damage in single occurrence. Kodiak Island Borough Twin Creeks Fire Salvage Timber Sale Contract Option B Page 19 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 169 of 400 AGENDA ITEM #12.B. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUMMARY Notice is given to the commissioner that an operation will be conducted on the lands described below and the completed maps attached, (AS 41.17.090). (Print or type) Operator: A-1 Timber Consultant Inc (Entity Responsible for Field Operations) Operator's authorized representative: Tom Loushin, President (Contact Person) Operator's authorized representative signature: (DATE) Operator's representative address: 7205 West Rezanof Drive, PO Box 825 Kodiak Alaska 99615 City State Zip Code LEGAL DESCRIPTION OF OPERATING AREA 29 North Township: 30 NorthRange: 18 West Meridian: Seward Section(5): 31 and 32, 5 and 6 NEAREST TOWN/ VILLAGE: City of Kodiak ESTIMATED STARTING DATE: May 1, 2016 ESTIMATED COMPLETION DATE: December 31, 2016 VOLUME TO BE HARVESTED: 17,600. oo (estimate) MBF TYPE OF ACTIVITY: Timber Harvesting and Associated Road Construction. Form 10-41-34 (Rev. 06 01 06) Date Received: DPO# Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 170 of 400 AGENDA ITEM #12.B. STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS Operation name: KIB Salvage Sale Name of nearest USGS named geographical landmark: Chiniak Point (RSDS Quad Kodiak C-1) Previously assigned DPO #: N/A Operator: A-1 Timber Consultants Inc (Entity Responsible for Field Operations) Print authorized representative's name: Tom Loushin, President Authorized representative's signature: Address: 7205 West Rezanof Drive, Kodiak, Alaska 99615 Telephone: (907) 486-8733 Fax: (907) 487-1936 E-mail: tom@altimber.net Timberowner: Kodiak Island Borough / A-1 Timber Consultants Inc Print authorized representative's name: Authorized representative's signature: Address: Telephone: Fax: E-mail: Landowner: Kodiak Island Borough Print authorized representative's name: Bill Roberts,Acting Kodiak Island Borough Manager Authorized representative's signature: Address: 710 Mill Bay Road, Kodiak, Alaska 99615-6398 Telephone: (907)486-9300 Fax: (907)486-9396 E-mail: broberts®kodiakak.us INFORMATION ON CORPORATION, LIMITED PARTNERSHIPS, GENERAL PARTNERSHIPS, OR JOINT VENTURES Information has been previously submitted to the Division of Forestry and there have been no changes in any of the business relationships or key personnel. Is this statement true? [X] Yes [ ] No If "no", complete and submit Page(s) I and 2 of Supplemental Information Form "A". Form 10-41.34 (Rev. 0601,06) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvi... Page 171 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS MAP SPECIFICATIONS Attach a USGS quadrangle or similar Vicinity Man, at a 1:63,360 scale (I inch =1 mile) suitable for black and white duplication on S''/,"xl 1" paper which clearly shows the area of operations, a north arrow and if available, the legal subdivisions defining the area. In addition to the above Vicinity Map, the items listed below are required to be identified on a Detailed Plan of Operations Map (11 AAC 95.220(a)(3)). The plan map should have the following areas identified or estimated if conditions exist that might influence their final location. If any of the items are missing without adequate explanation, this notification will be considered incomplete. The 30 -day review period will not begin until this DPO is submitted in a complete form. The detailed map of operations should be readily reproducible in black and white in a standard size format. However, large formats or colored maps are acceptable if needed for clarity. If more than one sheet is required to adequately show operations, provide matchlines or reference each as a set of drawings i.e. Sheet lof 4, etc. Submit four (4) copies of your operation plan map. Adequately label notable topographic features on each map ( i.e. water bodies, etc.). Does your operation map identify the following items? If "no" explain why. Form 10-41-34 (Rev. 06/01,06) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 172 of 400 Yes No Explanation /notes Road Types Permanent [X] [ ] Identified on Maps Temporary [X] [ ] Identified on Maps Winter road [ ] [X] N/A Roads to be closed [X] [ ] Identified on Maps Inactive roads [ ] [X] None proposed Material extraction sites [X] [ ] Identified on Maps End -haul sites and spoil deposit areas [ ] [X] None proposed Areas of unstable soil conditions [ ] [X] None observed Unit boundaries [X] [ ] Identified on Maps Yarding methods and landing areas [X] [ ] Identified on Maps Classified surface water locations [x] [ ] All known Stream crossings and drainage structures [x] [ ] Identified on Maps Proposed activities in riparian areas [X] [ ] Identified on Maps Sort yard and solid waste sites [X] [ ] Sort Yard is on record, Municipal landfill Log transfer or barge facility [x] [ ] on record Housing facilities, fuel storage [ ] [x] N/A Section, township and meridian lines [X] [ ] Identified on Maps North arrow, scale bar, plan date [X] [ ] Identified on Maps Form 10-41-34 (Rev. 06/01,06) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 172 of 400 DETAILED PLAN OF OPERATIONS HARVEST & SILVICULTURAL ACTIVITY SUMMARY SHEET AGENDA ITEM #92.B. Complete the following summary of harvest units and silvicultural actions for all submitted areas. *See attached table.* Unit Label Acres Type of Activity* N g __71 C i Actualout' yaoury TOTAL ACRES: 763.0 (If more than one kind of activity, list totals by activity.) * i.e. harvest, thinning, planting, etc. 4 Pbrni 10-41-34 (I2ev06 01 06) Date Received: _ DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 173 of 400 AGENDA ITEM #12.B. Detailed Plan of Operations Harvest Unit & Silviculture Activity Summary Sheet Twin Creek Fire Salvage Sale Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 174 of 400 Acres Activity_Type Sections) TWP RNG Actual Layout —Unit—Num KB -01 77.0 Salvage Harvest and Reforestation 31&32/5&6 29S/30S 18W No KB -02 336.0 Salvage Harvest and Reforestation 31/06 295/30S 18W No KB -03 8.0 Salvage Harvest and Reforestation 31/06 295/305 18W No KB -04 308.0 Salvage Harvest and Reforestation 5&6 305 18W No KB -05 15 Salvage Harvest and Reforestation 58,6 305 18W No KB -06 19 Salvage Harvest and Reforestation 5 30S 18W No Total: 763.0 Salvage Harvest an Reforestation Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 174 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS HARVEST & SILVICULTURAL CHARACTERISTICS If the silvicultural activities in multiple units share a similar location, topographic characteristics and management treatments, list them on this page as a group. If the characteristics of the units are different, list each unit on a separate page. Attach additional detail pages as necessary to describe the activity. The following information should adequately describe the activity's potential to effect resources deemed important to the State in the Alaska Forest Resources and Practices Act and Regulations. UNIT IDENTIFICATION(S): All Unita (KB -01, xa-02, KB -03,8 KB -04) Which of the following best describes the unit's topography? [x] Relatively Flat [ ] Uniform Hillside [x] Irregular or Complex Slopes What percent of the unit occupies slopes greater than 67%? of TYPE OF ACTIVITY: [ ] Clearcut [ ] Partial Cut [x] Salvage [ ] Other (Specify) [ ] Precommercial Thinning [ ] Chemical Application [ ] Commercial Thinning CUTTING METHODS: [x] Chainsaw [x] Feller-Buncher [ ] Whole Tree Processor [ ] Other YARDING METHODS: Yoder [x] Cable Yarding Type: [x] High Lead [ ] Skyline [ ] Other [x] Ground Skidding Type: [ ] Crawler Tractor [ ] Rubber Tired Skidder [x] Shovel Will forwarders or other off-road methods be used? [ ]YES [x] NO [ ] Helicopter [ ] Other (Specify) Will the activity be done by the: [x] operator [ ] operator's contractor If "contractor", has the contractor been copied this plan of operations? [ ]YES [ ] NO Name of contractor: List the roads or other means required for the access and removal of this timber from the landowner's property. Chiniak Highway, existing roads and new construction as shown on the attached Harvest Plan Maps. Form 1041-34 (Rev. 06,0106) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvi... Page 175 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS HARVEST & SILVICULTURAL CHARACTERISTICS If the silvicultural activities in multiple units share a similar location, topographic characteristics and management treatments, list them on this page as a group. If the characteristics of the units are different, list each unit on a separate page. Attach additional detail pages as necessary to describe the activity. The following information should adequately describe the activity's potential to effect resources deemed important to the State in the Alaska Forest Resources and Practices Act and Regulations. UNIT IDENTIFICATION(S): KB -05 and KB -06 Which of the following best describes the unit's topography? [ ] Relatively Flat [ ] Uniform Hillside [x] Irregular or Complex Slopes What percent of the unit occupies slopes greater than 67%? iso TYPE OF ACTIVITY: [ ] Clearcut [ ] Partial Cut [x] Salvage [ ] Other (Specify) [ ] Precommercial Thinning [ ] Chemical Application [ ] Commercial Thinning CUTTING METHODS: [x] Chainsaw [xj Feller-Buncher [ ] Whole Tree Processor [ ] Other YARDING METHODS: Yoder [x] Cable Yarding Type: [x] High Lead [ ] Skyline [ ] Other [x] Ground Skidding Type: [ I Crawler Tractor [ ] Rubber Tired Skidder [x] Shovel Will forwarders or other off-road methods be used? [ ]YES [ ] NO [ ] Helicopter [ ] Other (Specify) Will the activity be done by the: [x] operator [ ] operator's contractor If "contractor", has the contractor been copied this plan of operations? [ ]YES [ ] NO Name of contractor: List the roads or other means required for the access and removal of this timber from the landowner's property. Chiniak Highway, existing roads and new construction as shown on the attached Harvest Plan Maps. Form 10-41-34 (Rev. 0601,06) Date Received: DPO # Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 176 of 400 AGENDA ITEM #12.B. I v � __..____ J a LL d fn � J Y N Y U a� L W to VJ C6 cc > '^E //��Cc VMJ 1 W Y � L tmm O M tti%ti1 711, Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 177 of 400 AGENDA ITEM #12.B. DETAILED PLAN OF OPERATIONS ROAD ACTIVITY SUMMARY SHEET Complete the following summary of road actions for all submitted areas. -See Attached Table.* Road Label Road Miles Type of Activity* Units Along Road .--t b ;ci.yo.1 n Y orN TOTAL MILES OF NEW CONSTRUCTION: 6.6 miles * i.e. new construction, closure, reconstruction, etc. Form 10-41-34 (Rn, 06 01 06J Date Received.: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 178 of 400 AGENDA ITEM #12.B. Date 4/22/2016 New Road Construction Details Option "B" Activity_Type Section(s) TWP RNG Name Miles Activity_Type Section(s) TWP RNG Actual Use -Status Unit KIB-A 0.7 NC 6 305 18W No Harvest KB -02 KIB-K 0.1 NC 1 305 19W No Harvest KB -03 KIB-D 0.5 NC 31/32 295 18W No Harvest KB -01 KIB-E 0.3 NC 5 305 law No Harvest KB -04 KIB-c 0.1 NC 6 305 law No Harvest KB -04 KIB-ML 1.0 NC 6 305 18W No Harvest KB -02 KIB-ML 1.5 NC 5/6 30S 18W No Harvest KB -04 KIB-d 0.1 NC 6 30S law No Harvest KB -04 KIB-C 0.6 NC 6 305 18W No Harvest KB -02 KIB-B 0.7 NC 6 305 18W No Harvest KB -02 KIB-bl 0.1 NC 6 305 18W No Harvest KB -02 KIB-a1 0.1 NC 6 305 law No Harvest KB -02 KIB-f 0.3 NC 6 305 18W No Harvest KS -04 KIB-H 0.1 NC 5 305 18W No Harvest KB -05 KIB-1 0.1 NC 5/8 305 18W No Harvest KB -05 KIB-G 0.1 NC5 305 18W No Harvest KB -05 KIB-1 0.1 NC 5/8 305 18W No Harvest KB -06 KIB-el 0.1 NC 5 305 18W No Harvest KB -04 KIB-b 0.1 NC 6 305 18W No Harvest KB -02 Total 6.6 Imiles Existing Roads Details Name Miles Activity_Type Section(s) TWP RNG Actual Use Status Unit 2013-08 spur 0.3 Hauling 1 305 19W Yes Harvest KB-02/KB-04 Sawmill Lake Access 1.0 Hauling 36/1 295/305 19W Yes Harvest KB -02, KB -03, KB 04 2012-36 spur 0.6 Hauling 36 295/305 19W Yes Harvest KB -03 2012-35 spur 0.4 Hauling 32/5 295/305 18W Yes Harvest KB -01 & KB -04 Sequel Point Rd. 0.7 Hauling 32 295/305 18W Yes KB-05 & KB -06 Airstrip to Pit 0.5 Hauling 32/5 295/305 18W Yes AHa"est KB -05 2010-14 spur 0.4 Hauling 5 30S 18W Yes KB -05 "A" Spur 4.6 Hauling 32,33/5,7,8 29S/305 18W Yes KB -05 & KS -06 "C" Spur 0.81 Hauling S&8 305 law Yes Harvest KB -05 Chiniak Hwy. 1 34.9 1 Hauling I N/A N A N/A Yes N/A All Units lotall 44.3 Imiles Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 179 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS ROAD CHARACTERISTICS If the road activities share a similar location and topographic characteristics, list them on this page as a group. If the characteristics of the roads are different, list each road on a separate page. Attach additional detail pages as necessary to describe the activity. The following information should adequately describe the activity's potential to effect resources deemed important to the State in the Alaska Forest Resources and Practices Act and Regulations. ROAD IDENTIFICATION(S): All new constructed roads as indicted in the attached New Road Construction Details. [x] New Construction [ ] Reconstruction [ ] Closure ROAD CONSTRUCTION DETAILS: METHOD: [x] Modified natural sub -grade with rock fill overlay. [ ] Modified natural sub -grade with mineral soil overlay. [ ] Modified natural sub -grade with winter/ice road construction: _ One winter only _ More than one winter [ ] Unmodified natural sub -grade, natural running surface. [ ] Reconstruction of one of the above methods (check one). [ ] Other This road is: [ ] Permanent [ ] Temporary What percent of the road occupies side slopes in the following categories: l00% 0-30% 30-67% >67% Are you removing or replacing drainage structures? [ ] YES [x] NO Will the road building be done by the: [x] operator [ ] operator's contractor If "contractor", has the contractor been copied this plan of operations? [ ] YES [ ] NO Name of road contractor: 7 Form 10-41-34 (Rev. 0601.06) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 180 of 400 z-1 N, / �c r S6/1 m CO Vi O Q. (B O a� Z CO (6 a) co -E Y CO CD 06 AGENDA ITEM #12.B. N W N e = O m m r 7 ❑ J Q 0 9ji, �`0A 1 2013-OOSV°1 i (k +�� G2VE9m 6=VS a s �1 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 181 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS qW DETAILED PLAN OF OPERATIONS WATER AND SOIL QUALITY CHARACTERISTICS Is there evidence of previous mass soil movement or surface erosion on the proposed road route or in the unit? If so, where and what methods will you employ to minimize additional soil movement in the future due to your activity? This is a fire salvage sale and erosion ie a yossihility but unlikely due to the fires characteristics. No erosion has been observed. if erosion is observed to be occurring, beet management practices, such as water bars, slash placement, or water diversion techniques will be employed to address the situation. List each known or suspected classified stream (I IAAC 95.265) that will be crossed with a road: -see Attached Table. Stream Label strGote Road Label and Location Type Descri tion Type of Structure Proposed Sitevisit Requat! Yee/No (Show the location(s) on the operation map and label them appropriately.) List each unit that abuts or encompasses known or suspected classified waters: -See Attached Table.* Unit Label so-ee° Stream Label Variation Re uests site"is" Type None Attached Leitt yd Nor (Show the location(s) on operation map and label them appropriately.) Detail operational activities that you plan to perform within the riparian areas of classified waters (I l AAC 95.265), such as stream crossings, road ROW, skyline corridors, tail -holds, yarding, etc. Show the location(s) on the operation map. The only anticipated activity proposed in riparian areas of classified waters are stream crossings. These crossings will be in or constructed per AFRP regulation and best management practices. All (mown classified waters are shown on the attached harvest plan maps. Farm 10-41-34 (Rev. 06 01 06) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 182 of 400 AGENDA ITEM #12.6. Detailed Plan of Operations Twin Creek Fire Salvage Sale List of Known Classified Streams that will be Crossed with a Road Stream Stream Label Type Road Label and Location Description Type of Structure Proposed site visit Requested Big Creek -259-25-10040-2010 1A KIB-ML/6-30S-18W Bridge Yes Big Creek Tributary 1C KIB-a/6-30S-18W Culvert Yes Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 183 of 400 AGENDA ITEM #12.B. Detailed Plan of Operations Twin Creek Fire Salvage Sale List of each unit that abuts or encompasses known or suspected classified waters: Unit Label Stream Type Stream Label Variation Request Site Visit Request? Yes/No None Attached Later KB -01 SA Big Creek -259-25-10040-2010 X Yes KB -01 1C Big Creek Tributaries (1) % No KB -02 lA Capelin Creek -259-25-10030 X Yes KB -02 SA Big Creek- 259-25-10040-2010 X Yes KB -02 1C Big Creek Tributaries (2) X No KB -03 SA I Capelin Creek- 259-25-10030 % Yes KS -04 1A Big Creek- 259-25-10040-2010 X Yes KB -04 1A Little Creek- 259-25-10040-2010-3020-4010 X Yes KB -04 3A Chiniak River -259-25-10040-2022 X Yes KB -04 3A Chiniak River -259-25-10040 X Yes K0-05 1A Chiniak River -259-25-10040 X Yes KB -05 1A Neptune Creek/Tributary-259-25-10040 % Yes KB -05 1C Neptune Creek Tributary X No KB -06 lA Chiniak River -259-25-10040-2022 % Yes KB -06 1A I Neptune Creek/Tributary-259-25-10040 % Yes Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 184 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS INSECT INFESTATION OR DISEASE In Regions II & III (and Region I, if notified by the DOF) slash management for spruce trees or limbs greater than five (5) inches in diameter will be accomplished by: [ ] Manufacture into cants, lumber, house logs, chips, or firewood. [ ] Burning, subject to applicable regulations (anticipated date of bum: ). [ ] Leaving limbs only, dried by uniform scattering in areas open to sunshine. (] Chemically treated, subject to applicable regulations; [ ] Stored in an appropiate manner, as specified (attach correspondence); [X] Other methods (attach correspondence to be approved by the Division). All material 5 inches and greater is anticipated to he utilized as logs, firewood or other uses. Farnt 100-41-34 (Rev. 06/0106) Date Received: DPO # Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 185 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS REFORESTATION COMMITMENT Regeneration of forested land is required within a specified time frame for each Region by the Alaska Forest Resources and Practices Regulations, See Sections 11 AAC 95.375, .380 and .385 for information on landowner's responsibilities. Operators in Regions II and III must fill out Supplemental Sheet "C" unless a land use conversion or exemption from reforestation is requested. An exemption from the reforestation standards may be given if the landowner can demonstrate to the satisfaction of the Area Forester that: 1. The stand is significantly composed of insect and disease -killed, wind thrown, fire killed, or fatally damaged trees; 2. The land will be converted to another use in accordance with I 1 AAC 95.200; 3. The stand will have a residual amount of trees that meet the minimum standards set out in 1 I AAC 95.375(b) (3) and (4). [x] Land owner requests an exemption from reforestation under 1 IAAC 95.375(8). Submit supporting documentation as per the Alaska Forest Resources and Practices Regulations or as directed by the Division of Forestry. *See attached letter and supporting documents+ [ ] Land use conversion (include a letter to the Division of Forestry stating the nature of the conversion, i.e. commercial, residential, agriculture or recreational land use). REGENERATION METHOD [ ] Landowner will rely on natural regeneration of the site. [ J Landowner will be artificially regenerating the site. Species and source of seedlings or seed: Date of proposed artificial planting: What method of site preparation will be used? If different types of preparation methods are to be used in the notification area, attach adequate detail to define their location. When will site preparation be accomplished? 10 Form 10-41-34 (Rev. 0601.06) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 186 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUPPLEMENTAL INFORMATION FORM "A" CORPORATION. LIMITED PARTNERSHIP, GENERAL PARTNERSHIP, OR JOINT VENTURE INFORMATION Corporation, partnership or joint venture information is required by 1 I AAC 95.220(b) After the initial submittal of this information, subsequent Detailed Plan of Operations need only make reference to the previously submitted materials. If any of the business relationships or key personnel change during the notification period, this form must be resubmitted as appropriate to maintain compliance with I I AAC 95.220(b). ------------------------------------------------------------------------------------ The following information applies to the: [ X] Operator [ ] Timber Owner [ ] Land Owner In accordance with 11 AAC 95.220(b), CORPORATION: "a corporation must be identified by a copy ofthe corporation's certificate of incorporation and articles of incorporation showing the corporation's name and articles of incorporation," [ ] Copy attached Also disclose "The identities of the registered agent, president, vice president, secretary, and treasurer" below: * A copy is on file with the Division* Registered Agent No change President No change Vice President No change Secretary No change Treasurer No change LIMITED PARTNERSHIP: "must be identified by a copy of the limited partnership agreement, evidence of filing of the limited partnership in the real property records as required by AS 32.1 I, and by the names and addresses of all general partners. [ ] Copy attached (including names and addresses of all parties) [ ] Evidence of filing in Recorder's Office, attached I Farm 10-41-34 ittm 06 01.06) Date Received: DPO9 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 187 of 400 AGENDA ITEM #12.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUPPLEMENTAL INFORMATION FORM "B" MINING RECLAMATION ACT CERTIFICATION This page of the Operations Plan need only be riled once a year for a particular operation area if all statements on this form are applicable to subsequent notifications during the current calendar year. Silvicultuml operations according to Sec 27.19.050 of the Mining Reclamation Act are exempted from bonding and annual reclamation plan filing where less than five acres and less than 50,000 cubic yards of gravel or other materials are disturbed or removed at one location in any year and there is a cumulative disturbed area of less than rive acres at one location. Pursuant to 1 I AAC 97.250, A-1 Timber Consultants Inc. certifies that: [Company Name] I. With respect to any material site to be established or operated in the current operating year that lies within the operating area covered by operations titled Twin Creek Fire Salvage Sale (TCFS) , DPO N/A the total acreage and volume of the material to be mined from each material site are within the limits set out in AS 27.19.050(a)(2); b. A-1 Timber Consultants Inc. will reclaim all acreage required to be [Company Name] rehabilitated under I 1 AAC 95.325; and C. A -I Timber Consultants Inc. in compliance with the rehabilitation [Company Name] . measures required under I I AAC 95.325 will constitute the reclamation measures to be used to reclaim the total area mined; and 2. With respect to any material site established or operated in any prior year that lies within the operating area covered by this plan of operations: a. the area and volume mined from each material site are within the limits set out in AS 27.19.050(a)(2); and b. each material site is in compliance with 11 ACC 95.325 Dated: Form 10-11-34 (Rev. 06'01,06) A-1 Timber Consultants Inc. [Company Name] La Title: President, A-1 Timber Consultants Inc. Dare Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 188 of 400 AGENDA ITEM #12.B. d N II G Qd � Q CO (Q �1 5 /> N CO > �. 0 0 Y TP �47` f i s i 1 L �1 J Te a - c 6 F, ♦ :.' ..e .r....:.. v::� • •.:.. n r::.11'w Nrt3W&iPA13:IL Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 189 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 190 of 400 AGENDA ITEM #12.B. I d o. J \J Y Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 191 of 400 a G tY W p K K O N C W 9 N LO: d > C7 Kw u UI m ' ._. dCL � I d o. J \J Y Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 191 of 400 W L a cn o � ca M CO N CO O CO CO Y !e AGENDA ITEM #12.B. m N Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 192 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 193 of 400 AGENDA ITEM #12.B. N O N a O C Oi w 7s 0 0 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 194 of 400 1 1 � 'a I AGENDA ITEM #12.B. N O N a O C Oi w 7s 0 0 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 194 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 195 of 400 i Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 195 of 400 AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 5, 2016 ,. ASSEMBLY REGULAR MEETING TITLE: Contract No. FY2016-45 - A Salvage Timber Sale Contract Between the Kodiak Island Borough and A-1 Timber Consultants, Inc. ORIGINATOR: Duane Dvorak FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: Staff has prepared a draft salvage timber sale contract for consideration by assembly. This contract has not been reviewed by the borough attorney or risk manager at the time of submittal to the agenda. Those reviews should now be carried out concurrently with the assembly's own review leading up to the April 21, 2016 regular meeting. The proposed contract is presented as a sole source contract with A-1 Timber Consultants, Inc. which has not been subjected to a competitive bid process. The reasoning is set forth in the attached cover memorandum and relies on the provisions of KIBC 3.30.070.8. The time remaining in which the borough may realize the full value of the damaged timber is running out in terms of practical actions that must be taken to properly harvest and reclaim borough lands. This has created an emergency under the KIBC 3.30.070.8 which allows the assembly to avoid a competitive bid process if the delay required for compliance with bidding requirements would jeopardize the public health or welfare. This contract was postponed from the April 21, 2016 Regular Meeting. RECOMMENDED MOTION: The motion on the floor is to approve Contract No. FY2016-45 a sole source contract for salvage timber sale between the Kodiak Island Borough and A-1 Timber Consultants, Inc. Kodiak Island Borough Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 196 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 197 of 400 �r Kodiak Island Borough �C 1�4w OFFICE oftbe MANAGER 710 Mill 13ay Road, Room 108 Kodiak, Alaska 99615 dd - Phone (907) 486-9304 Fax (907) 486-9374 � &mail llJaor LrknAi,6, To: Kodiak Island Borough Assembly Mayor, Jerrol Friend From: Duane Dvorak, Resource Management Officer Date: April 12, 2016 Re: KIB Contract No. FY201643, a Salvage Timber Sale to A -I Timber Consultants, Inc. Background At its March 31" regular work session, the assembly encouraged staff to negotiate a salvage timber sale contract with A -I Timber Consultants, Inc. (A-1) for its consideration at the April 21, 2016 regular meeting. Staff was also encouraged to work with representatives of the Chiniak community in this process and factor their input into the proposed contract framework. Staff also engaged the services of consultant Wade Wahrenbrock, a semi -retired state forester who is currently employed on a part-time basis as a Forester with the Kenai Peninsula Borough. He has been assisting staff to review the proposed contract and provide independent advice and guidance. The attached contract is the result of discussions between KIB, A -I and representatives of Chiniak, along with advice and recommendations by Mr. Wahrenbrock. The bulk of these discussions have been by email and staff has provided some of the more relevant documents as background information. It is important to keep in mind that this agreement has not been reviewed by the borough attorney, risk manager, etc. at the time of this writing. With the publishing of this draft contract, it is reasonable to assume that those reviews are now underway concurrently with the assembly review. It is hoped that additional comments will arriving prior to the April 21, 2016 regular meeting. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 197 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 198 of 400 Page 2 of 3 The proposed contract largely deals with the business and legal aspects of the relationship between KIB and A-1. The specifics of the salvage timber harvest are typically dealt with in a Detailed Plan of Operations (DPO) with regards to the location of roads, harvest techniques, equipment to be used, etc. As of this writing, staff has not seen a draft DPO to review. Therefore, staff has proposed a number of"categorical conditions" that are grouped in Appendix D of the agreement that reflect the conditions recommended by staff that were derived from community and consultant comments. The representatives of Chiniak have asked for an opportunity to review the DPO when it is ready to be considered by the KIB. Under the proposed agreement, the KIB would be allowed a maximum of 15 days to review the proposed DPO once the contract has been approved and signed. Staff believes that a 3 to 5 day public review can be accommodated within the contract as proposed. There should be latitude to make changes in the DPO to address community concerns, however this is likely to have an impact on the cost of operations and may inhibit A-1 from providing a firm number on the contract. To address this, staff recommends that the KIB set aside a 10% contingency from salvage harvest proceeds to provide a source of funds to offset reasonable changes to the cost structure of operations that might be affected by community requested changes to the DPO. It should be clarified however, that the final approval of the DPO would rest with KIB staff and the other regulatory agencies identified in the Alaska Forest Resources and Practices Act. (AFRPA). This includes the Alaska Division of Forestry (DOF), Alaska Dept. of Fish & Game (ADF&G) and the Alaska Department of Environmental Conservation (ADEC). An important point to note is the blanks left open in the draft agreement. According to A-1, that number cannot be provided until they have all the proposed contract information upon which to determine the cost to harvest and comply with all applicable regulations and contract provisions. So at the time of publishing, that information is not available. It is expected that the information will be conveyed to the assembly sometime before the April 21, 2016 regular meeting. Sole Source Determination As previously discussed by the assembly, this contract is being proposed as a sole source contract under KIBC 3.30.070.B as follows: 3.30.070_Excertion to.btd.... __..___...... ...... ... _........... _..... _.___ The requiranrnts of this chapter relating to solicitation of competitive bids and award to the lowest responsible bidder shall not apply to:... ...B. Contracts for property or services necessitated by an emergency, if the delays required for compliance with the bidding requirements would jeopordix the public health or welfare; Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 198 of 400 AGENDA ITEM #12.8. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 199 of 400 Page 3 of 3 A prominent aspect of the proposed contract language is reliance on the United States Department of Agriculture "Phytosanitary Certificate" which is issued by the Alaska Division of Agriculture. This is certificate shows that the timber is free of harmful insects and can therefore be shipped internationally to the best market destination. It is made clear in several contract sections that the contract is expressly contingent on being able to obtain this certificate. If it cannot be obtained the logs, while not valueless, are not going to be worth what this contract assumes they are worth. Within two years of the fire event it is likely that the logs will pass the test, after that time however it becomes a gamble against time and nature. As explained to staff, the certificate is only good for 30 days so the harvester does not have the sampling performed until the logs are on the dock essentially bought and paid for. If the certificate cannot be issued then the cargo cannot be shipped as planned and the logs are not going to be worth anything close to what the appraisal and A -I have indicated. It has also been documented by the assembly that A-1 has an exclusive contract on the LASH dock which would preclude another operator from shipping timber from the KIB road system without considerable lead time. Based on the forgoing, staff believes the remaining time to reasonably harvest the timber, obtain the substantial value for the resource and successfully replant the forest is rapidly dwindling. For these reasons, staff recommends that a sole source contract for salvage timber sale be awarded to A -I Timber Consultants, Inc. Renlantine Mr. Wahrenbrock, and other active DOF personnel that staff has consulted with, have indicated it would be best to replant new trees within two years of the fire if it is desirable to maintain the Chiniak land as forest. Mr. Wahrenbrock described the fire event in one of his correspondences as a "thermal clearcut". Most of the perceived failures of tree replanting in the Chiniak area are due to replanting after this critical two year window. Cc: Bill Roberts, Interim Borough Manager Wade Wahrenbrock, Forestry Consultant Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 199 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 200 of 400 KODIAK ISLAND BOROUGH CONTRACT NO. FY2016-43 TWIN CREEKS FIRE SALVAGE TIMBER SALE CONTRACT NEGOTIATED SALE WITH A-1 TIMBER CONSULTANTS, INC. See AS 38.05.117 & AS 38.05.118(c)(3) The Kodiak Island Borough ("SELLER" and "KIB"), under authority of KID Code 18.70 and other applicable provisions of borough and state law, does hereby agree to sell, and A-1 Timber Consultants, Inc. ("PURCHASER" and "A -I') does hereby agree to purchase timber as designated herein, subject to the following terms and conditions. This Contract is effective as of April 21, 2016. TABLE OF CONTENTS 1. SUMMARY OF AGREEMENT....................................................................................................................2 2. DEFINITIONS................................................................................................................................................2 3. SALE OF MERCHANTABLE TIMBER WITH PHYTOSANITARY CERTIFICATE...............................3 4. RESERVATIONS...........................................................................................................................................4 5. RIGHTS OF ENTRY AND USE....................................................................................................................4 6. TERM OF CONTRACT.................................................................................................................................4 7. PAYMENTS...................................................................................................................................................5 8. PASSAGE OF TITLE.....................................................................................................................................5 9. SUBMISSION OF DETAILED PLANS OF OPERATION...........................................................................5 10. COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS............................................................5 11. TIMBER OPERATIONS............................................................................................................................6 12. RISK MANAGEMENT..............................................................................................................................8 13. ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY...................................................9 14. DEFAULTBYA-1................................................................................................................................... 10 15. INTERIM AND FINAL ACCOUNTING..........................................................................I..................... I1 16. RIGHTS AND OBLIGATIONS UPON EXPIRATION OR TERMINATION OF CONTRACT ........... 11 17. NOTICES AND PARTIES' REPRESENTATIVES......................................................................._....... I1 18. ASSIGNMENT OF CONTRACT............................................................................................................ 12 19. LIENS....................................................................................................................................................... 12 20. REPRESENTATIONS AND WARRANTIES......................................................................................... 12 21. VALID EXISTING RIGHTS: ................................................................................................................... 14 22. GENERAL PROVISIONS........................................................................................................................ 14 EXHIBIT ATIMBER SALE AREA MAP........................................................................................................... 16 EXHIBIT BTIMBER SALE DESCRIPTION...................................................................................................... 17 EXHIBIT C INSURANCE POLICIES................................................................................................................. 18 EXHIBIT D CATEGORICAL CONDITIONS TO THE CONTRACT............................................................ 19 EXHIBIT E ROAD CONSTRUCTION AND MAINTENANCE REQUIREMENTS ........................................ 21 EXHIBIT F LAYOUT MAP/ CULVERT LIST................................................................................................... 30 Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 1 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 200 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 201 of 400 1. SUMMARY OF AGREEMENT • The Kodiak Island Borough owns land near Chinink that contains standing and down timber that was damaged by fire in late August 2015 as part of the Twin Creeks Fire. The fire -damaged timber in the Chinink area will lose substantial economic value if not salvaged within two years of being damaged. • A -I Timber has the background, experience, and capacity to harvest, transport, and sell standing and down merchantable timber that meets the United States Department of Agriculture Phytosanitary Certificate requirements. • This agreement is for eleven months: I May 2016 to 31 March 2017. • Quantity: All Merchantable Timber within the Timber Sale Area except for designated habitat and riparian management zones. • Price: per thousand board feet ("MBF'j net Scribner scale. • In consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the KIB and A-1 agree 0 follows: 2. DEFINITIONS Definitions shall include all terms defined by 11 AAC 71.910 Definitions and the following. If there is a conflict of definition, the regulations shall govem. A. "MBF" means one thousand board feet, net Scribner scale. B. "Construction Materials" includes rock sand, gravel, logs used for road sub grade or bridge construction, and other construction materials located in the Timber Sale Area. C. "Environmental Contamination" means pollution resulting from the "release" [as that term is defined in AS 46.03.826(9)] of a "Hazardous Material." D. "Hazardous Material" means hazardous substances or materials as defined in Alaska Statutes 46.03.826 and 46.08.900, in 42 U.S.C. § 9601-9657 (CERCLA), in 42 U.S.C. § 9601 (RCRA) and in 40 C.F.R. U.S.C. § 302, as such statutes and regulations may be amended from time to time, and any hmardous and toxic substance, material or waste which is or becomes regulated by any governmental authority. Without limiting the forgoing, "Hazardous Material" includes hydrocarbon fuels such as diesel oil and gasoline, and lubricating oil. E. "Laws" mean all applicable federal, state or local statutes, regulations, rules, ordinances or permits, orders, directives, and amendments thereto, in effect during the Term of this Contract and as they legally change over time. F. "Merchantable Timber' means all logs designated under this Contract that (a) measure a minimum of 8 inches in diameter on the small end, (b) measure a minimum of 16 feet in length, (c) have a minimum of 30 board feel, (d) meet all requirements for a United States Department of Agriculture Phytosanitary Certificate issued by the Alaska Division of Agriculture, and (e) are not used for road sub grade or bridge construction as set forth herein. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 2 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 201 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 202 of 400 G. "Detailed Plan of Operation" or "DPO" means the detailed plan of operations required pursuant to AS 41.17.090 and related stale regulations. H. "PURCHASER" menus the purchaser of timber, purchaser's agent, employees, representatives, contractors, subcontractors or other individuals or entities operating on behalf of PURCHASER. 1. "Road Standards" means road and bridge construction, maintenance, and closeout standards as required under the Alaska Forest Resources Practice Act ("AFRPA") and AFRPA regulations, including I I AAC 95.290 and as further described and specified in Exhibit E. J. "Roads" includes all roads, bridges, landings, culverts, and any other transportation facility, PURCHASER is authorized to use or to construct pursuant to this Timber Sale Contract. K. "Slash" means all woody debris resulting from PURCHASER's Timber Operations or them construction of roads or otter improvements in the Timber Sale Area L. "Timber" means all trees, living or dead, standing or down, located within the Timber Sale Area. M. "Timber Harvest Unit(s)" means the unit(s) of Merchantable Timber located within the Timber Sale Area, as designated by the Detailed Pian of Operations. N. "Timber Sale Area' means the real property upon which it is reasonably necessary for PURCHASER to conduct Salvage Timber Operations under this Contract as depicted on Exhibit A and described in Exhibit B. In the event of any conflict between Exhibit A and B, Exhibit B will control. O. "KIB Land" means land owned by the Kodiak Island Borough, and interests and resources in the land, including improvements to the land. 3. SALE OF MERCHANTABLE TIMBER WITH PHYTOSANITARY CERTIFICATE KIB sells to A-1, and A -I purchases from KIB, all of the Timber, whether standing or down, within the Timber Sale Area as depicted on Exhibit A and described in Exhibit B, at the price and upon the terms set forth herein, whether harvested or not, subject to the provisions under Paragraph I O.0 (Risk of Loss). A-1 will define the northern boundary of the timber sale area by field inspection survey and tree marking to include in the sale area only those trees along the northern margin of the sole area that are damaged by more than 7/1 Oths in either the crown, bole or roots as described in the 2016 Kodiak Island Borough Fire Damage Assessment Report, dated 4 February 2016, subject to KIB approval. This sale is known as a "stumpage" sale wherein A -I is purchasing certain standing and down timber owned by the KIB for which A-1 will pay the KIB for all merchantable logs severed based on a net Scribner scaled volume as determined by an independent third party. Upon payment of the performance bond under Paragraph 12.1), title to the timber in the Timber Sale Area, whether standing or down, transfers to A-1. A. This Contract is for the sale of salvage timber within the meaning of AS 38.05.117, which is sold "AS IS." The Parties recognize and agree that for the salvage timber to be merchantable and for the sale of the salvage timber to be economically reasonable, the logs must meet all requirements for a United States Department of Agriculture Phytosanitary Certificate ("Phytosanitary Certificate"), which is issued by the Alaska Division of Agriculture. If the logs cannot meet all requirements for a Phytosanitary Certificate or the Alaska Division of Agriculture cannot issue a Phytosanitary Certificate for standing and down timber in the Timber Sale Area, then A-1 may suspend all logging operations and terminate this Contract. In the event of contract termination due to non-compliance with requirements necessary to obtain a Phystosanitary Certificate, title to all trees and decked logs remaining within the sale area will revert back to the KIB. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 202 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 203 of 400 4. RESERVATIONS The KIB reserves the right to permit other compatible uses of the lands in the contract area which do not unduly impair A -I's operations under this contract, as determined by the KIB. A-1 will avoid using the mads on KIB land when doing so could damage the roads. Use of roads on KIB land may be suspended during breakup or other wet weather conditions at the discretion of the KIB. The KIB hereby reserves the right to use any road constructed by A -I under this contract for any and all purposes in connection with the protection and administration of KIB lands. Roads constructed or used by A -I under this contract may be used by third parties in connection with the utilization of KIB or other resources adjacent to the road, provided that on spur roads, such use shall not materially interfere with the operations of A -l. As a condition of this sale, the KIB has included certain Categorical Conditions in Appendix D that it will require of A-1 even though some of the conditions may not be completely relevant to salvage timber harvest. These items may factor into the net price of timber offered to the KIB, but ore deemed necessary to the community or to comply with KIB code requirements or which are believed to provide the best outcome for the borough. 5. RIGHTS OF ENTRY AND USE During the Term of this Contract and to the extent it is legally authorized to do so, the KIB hereby grants to A-1 the non-exclusive right to enter upon and use the Timber Sale Area and associated access routes across KIB land in accordance with the terms of the Detailed Plans) of Operation and other applicable provisions of this Contract. The granted rights include the right to construct Roads to and within the Timber Sale Area and to use Construction Materials within the Timber Sale Area. Said rights will be exercised as reasonably necessary and at A -I's cost in strict accordance with the Detailed Plan(s) of operation, applicable provisions of Law, and other applicable provisions of this Contract. Construction Material rights granted hereunder shall not be used to provide benefits to parties other than A-1. 6. TERM OF CONTRACT The Term of this Contract shall commence upon the Effective Date and terminate March 31, 2017, or the date that all obligations under this Contract have been completed whichever is earlier. If A-1 is prevented or delayed from performing any of its obligations under this Contract by reason of fire, strikes, riots and civil commotions, war and acts of public enemies, storms, Roods, and other unusual climatic conditions, including droughts, and acts of God, and any other such cause which is similar in nature to the foregoing and which is beyond the control of A-1 ("Force Majeure'), the Term shall be automatically extended for the period that such Force Majeure continues in effect plus an additional reasonable period thereafter, to be mutually agreed upon in writing by the KIB and A-1, to allow for harvest and removal of the Timber within the Timber Sale Area. All other terms and conditions of this Contract will remain in effect during periods of Force Majeure. Lack of funds on the part of A -I, adverse market conditions, KIB approval or assistance delays, or similar conditions shall not constitute Force Majeure. In the event that A -I desires to extend the term of this Contract for reasons other than Force Majeure, such extension may be granted by the KIB, at the KIB's sole discretion, in consideration for the advance payment of no less than $500.00. The total extension time may not exceed one year. If the contract is extended, the KIB may enter into redetermination of the stumpage fees with A-1 if it deems it in the KIB's best interest. Kodiak Island Borough Twin CreekFim Salvage Timber Sales Contract Page 4 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 203 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 204 of 400 7. PAYMENTS A. Purchase Price: $ per thousand board feet net Scribner Scale. B. Estimated Amount: thousand board feet. C. Payment: A -I shall pay the KIB on a semi-monthly basis on the 1" and 15o of each month for all scaled logs according to the independent scaling company's certificates of scale identifying how much timber has been scaled. If the 1" or 151h of any month falls on a weekend or holiday payment will be remitted the following business day. In the event that logging operations are suspended, for any reason, for a period of 60 consecutive days, the Parties shall estimate the amount of timber cut, but not scaled, and A -I shall pay the KIB the estimated amount. If the KIB and A-1 differ in their good faith estimates, then the estimates shall be added together and divided by two to determine how much A -I shall pay the KIB. If logging activities continue after a 60 consecutive day suspension, then tbe estimated amount paid the KIB for the timber cut but not scaled shall be credited against the logs scaled. a. Pacific Rim Scaling Bureau will be the independent scaling bureau of choice unless both parties agree to an alternate scaling bureau. Timing and delivery of scaling reports shall be determined and mutually agreed by the parties. A-1 will authorize KIB access to volume data produced by Pacific Rim Scaling Bureau. A -I is responsible for paying the cost for Pacific Rim Scaling Bureau in its entirety. 8. PASSAGE OF TITLE Upon payment of the performance bond under Paragraph 12.13, title to the Merchantable Timber in the Timber Sale Area, including standing or downed timber, transfets to A-1. The risk of loss or damage will be allocated as provided in Paragraph 12 (Risk Management) herein. 9. SUBMISSION OF DETAILED PLANS OF OPERATION The Parties shall meet within 15 days of the Effective Date of this Contract to determine the volume of timber to be cut this yea and during the third quarter of 2016 to determine the volume of timber to be cut next year. The Parties will also determine where A -I will harvest the timber. Based on the Parties' determinations at -the meetings, A-1 shall prepare a draft DPO for the harvest activities and deliver the draft DPO to the KIB for review. The KIB shall promptly review the DPO. Within 15 days after A-1 delivers the draft DPO, the KIB shall: (a) approve the DPO, (b) identify specific modifications or changes necessary for it to appmve the DPO, or (c) state the reasons why the KIB will not approve the DPO. If the Paries have reached agreement and signed the DPO for this year or for next yea, or have agreed to renew the 2016 DPO, A-1 shall submit the signed DPO to the State of Alaska for approval within 30 days of the Effective Date of this Contract for this yea and no lata than 30 November 2016 for next year, A-1 will advise KIB and identify plans for any requests for variation from AFRPA requirements. This is particularly relevant to KIB interest in rehabilitating anadromous stream riparian areas compromised by the fire event and how the KIB desires to improve the condition of same. The request will indicate how much timber resource can be removed from the restricted use area compared to A -I's costs of accomplishing desired results. Once a proposal is put forth to the State AFRPA agencies, the KBI and contractor costs and details will be reviewed based upon the terms of the variation approval, if any. 10. COMPLIANCE WITH LAWS AND OTHER REQUIREMENTS A. Compliance with Laws. A-1 is required to conduct all Operations in compliance with the Law end rectifying any and all instances of non- compliance rests solely with A-1. A4 must also comply with the specific requirements of applicable laws specified in this contract that apply to this timber sale. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 5 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 204 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 205 of 400 B. Responsibility for Acauisition of Permits. Authorizations and Approvals. A-1 is responsible for the acquisition of necessary permits, licenses, fees, and other regulatory approvals at its cost. C. Notification of Violation. Within twenty four (24) hours of A -I's knowledge, A-1 most notify the KIB and applicable regulating agencies of any regulatory or permit violations that have occurred as a result of actions by A -I or A -I's agent, representatives, contractors, subcontractors, or other individuals or entities operating on behalf of A -I. In the event of a citizen complaint, A-1 has an duty to notify the KIB if A-1 in good faith believes there is no basis for a claim of regulatory violation or A-1 reasonably believes the KIB has notice of the citizen complaint. 11. TIMBER OPERATIONS A. DPO Reouiremenls. Unless otherwise provided for, A-1 shall be responsible for performing its operations based on new toad and unit layout and design. A-1 most do an in strict compliance with applicable Laws and the approved DPO. B. Utilization. Unless otherwise mutually agreed upon by the KIB and A-1, A-1 is required to yard all logs that meet the definition of Merchantable Timber. C. Slash Disposal. All accumulations of forest products that do not meet the definition of Merchantable Timber shall be either well scattered or piled so to minimize occupation of reforestable ground. A-1 must comply with all applicable AFRPA laws and regulations, including 11 AAC 95.370, relating to the disposal or accumulation of slash. D. Stump Height. Stumps shall not exceed on the side, adjacent to the highest ground, twelve inches, except that occasional stumps of greater heights shall be acceptable when necessary for safe and efficient conduct of logging. E. Reforestation, The KIB is responsible for all reforestation obligations required under applicable Laws. KIB will develop a reforestation plan and specifications which maybe put out to bid after the salvage harvest has begun but which shall be addressed in such time frame to allow adequate seed source to be secured for planting no later than Fall 2017. The KIB will set aside the equivalent of S20.00 per MBF as a reforestation fond from which funds may be withdrawn to pay for the cost of reforesting the salvage harvested meas. F. Roads, A-1 must, at its cost, construct, reconstruct, and improve roads in accordance with applicable AFRPA laws and regulations and the DPOs. It is the responsibility of A-1 to enter into agreements with adjoining land owners as to any shared use maintenance requirements, or fees, paid by A-1 on roads owned or maintained by other entities, including, but not limited to private, federal, state, and local landowners or administrators. A-1 most obtain all necessary permits and approvals (including any road use agreements) and provide copies to the KIB prior to commencing operations. All borrow and waste areas utilized in the construction or maintenance of the mads and facilities by A-1 require the submittal of development plans and approval by the KIB prior to development. G. Maintenance. During the Term of this Contract, A-1, at its cost, must maintain the Timber Sale Area, Roads, and all other improvements used by A-1 in connection with this Contract, in a clean, sanitary, and safe condition and in accordance with applicable Laws, the DPOs, and the provisions of this Contract. A-1 may share maintenance obligations with other Authorized Users of the Timber Sale Area, subject to the terms and conditions ofjoint use agreements that are approved in writing by the KIB. Cleanup measures and other maintenance must be kept reasonably current with timber harvest operations. Kodiak Island Borough 7WIn Creek Fim Salvage Timber Sales Contract Page 6 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 205 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 206 of 400 H. Fire. A-1 must take all necessary precautions for the prevention of forest fires and shall be responsible for the suppression costs of any and all destructive or uncontrolled fires occurring within or outside the contract area resulting from any and all operations involved in the removal of the timber under the provisions of this contract. AS 41.15.050 establishes the fire season from April 1 — August 31, inclusive, during each year. (1) Prevention and Suppression. During the Term of this Contract, A-] must make every effort to prevent and suppress fires within the Timber Sale Area. Unless otherwise required herein, or prevented by circumstances, over which A-] has no control, A-1 must place its equipment, employees, purpose of fighting forest fires within or new the Timber Sale Area. (2) Presence of Fire Equipment. A-1 must ensure that both the mad building crew and logging crews have adequate fire -fighting equipment and training for use on site when operating in the Timber Sale Area, pursuant to the DPOs. In the event of "extreme fire danger," A- 1 must maintain a fire watch at the active Timber Operation areas for a minimum of one hour after work has stopped for the day, unless the KIB suspends Timber Operations until the fire danger is reduced. (3) Harvest equipment including but not limited to harvesters, skidders, loaders, chainsaws, feller- bunchers, forwarders, bulldozers, etc, will be maintained and kept in good operating condition. Exhaust systems will have spark arrestors or screens with openings smaller than 0.023inches. The exemptions to this rule are highway registered vehicles and turbocharged equipment where 100% of the gas passes through the turbine wheel. (4) Reporting. A -I must report all fires to the Alaska Division of Forestry in Kenai at (907)-260- 4200 immediately after becoming aware of a fire or imminent threat of fire. 1. Timber Trespass. Unless otherwise agreed, A -I may not fell or damage any tree not within the boundary of the Timber Sale Area. A-1 shall be liable for all trespass damages and must properly locate its operations within the Timber Sale Area. A -I may only be assessed penalties for trespass associated with the Alaska Forest Resources and Practices Act (AFR&PA) under AS 41.17, 11 AAC 95, which does not supersede any remedies other landowners may have under applicable laws. J. KIB Inspections. The KIB and its representatives, shall at all times have access to observe and inspect the Timber Operations of A-1 and must be furnished such information, documentation and assistance by A-] m may be reasonably requested by the KIB for the purpose of ensuring compliance with this Contract and applicable Laws. K. Emergency Repairs by the KIB. In the event A -I refuses to make a repair of an emergency nature to improvements or structures in the Timber Sale Area, or which may threaten imminent and substantial damage to anadromous fish streams, after b e i a g requested to do so by the KIB or regulatory agency, except when these emergency repairs result from the gross negligence of KIB, the KIB shall be entitled to make the repairs and bill A -I for the actual cost of making such repairs. Emergency repair or improvement of the sale area necessary to keep A -I in compliance with federal, Stale, and local laws and regulations is A -1'S responsibility. If the emergency repairs are not required by law or in this wntmct, the KIB will reimburse A-1 for the cost of repairs. All emergency work covered by this contract must be authorized in writing by the KIB prior to commencing unless prevailing conditions will cause imminent and significant irreparable damage to the KIB's resources. L. Use of Timber Sale Area A-1 may only use the Timber Sale Area for actions related to the harvest of Merchantable Timber. The Timber Sale Area may not be used for any other commercial purpose. Existing facilities owned by the KIB in the sale area, including but not limited to roads, bridges gates, culverts, and signs may be used by A -I in connection with this sale without further approval unless such use is limited or prevented elsewhere in this Contract. Existing improvements used by A-1 must be kept in good repair by A-1. Kodiak Island Borough Nin Creek Fire Salvage Timber Sales Contract Page 7 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 206 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 207 of 400 M. Fish Spawning Waters. All operations in connection with this contract adjacent to lakes, streams, or important fish waters must be conducted so as to avoid stream silting and must not interfere with the passage of fish or injure the spawning grounds, in accordance with AS 41.17. Logging operations will be conducted to minimize impact to surface waters and will protect fish bearing water quality to meet ADEC standards for fish. N. Archeological Sites. If, during the course of operations, any physical remains of historic, archaeological, or paleontological nature are discovered, work in that immediate vicinity most cease and the KIB must be notified. The Alaskan Historic Preservation Act prohibits the appropriation, excavation, removal, injury, or destruction of any historic, prehistoric or archaeological resources of the State. O. Monuments and Markers. A-1 must reasonably protect all known land survey monuments and witness trees and markers from damage or obliteration. A-1 may cut painted, bland, or tagged trees that mark the boundary of the sale area or cutting units. A-1 will be responsible to hire a licensed surveyor to replace/reestablish any monuments/markers destroyed or distressed as a result of their operations. P. A -I's Right to Restrict Access. A-1 may take reasonable measures to restrict access to the Timber Harvest Area that are necessary for safe and efficient operations. Reasonable measures include, but are not limited to, gating roads and limiting access to harvest units. Access restrictions shall be coordinated with and agreed to by KIB. 12. RISK MANAGEMENT A. Indemnification. A-1 shall defend, indemnify, and hold the KIB harmless from any and all claims, demands, suits, loss, liability and expense, for injury to, or death of persons and damage to, or loss of property arising out of, or connected with the exercise of the privileges granted A-1 by this contract. B. Insurance Reouirements. A-1, its contractors and subcontractors most purchase, at its own expense, and maintain in force at all time during the Term of this Contract the policies of insurance specified in Exhibit C from an insurer qualified to do business in Alaska. Where specific limits are shown, it is understood that they am the minimum acceptable limits, and if the policies contains higher limits, the KIB and the additional insured hereunder shall be entitled to those higher limits. The policies must each name the KIB as an additional insured. The KIB must be provided with certificates of insurance and copies of the policies, a minimum of fifteen (IS) days prior to commencing Timber Operations. The policies most provide that coverage shall not be canceled, limited, or allowed to expire until after thirty (30) days written notice has been given to the KIB. The KIB shall have the right, at its option, to pay any delinquent premium on any of the policies if necessary to prevent a cancellation, non -renewal or material alteration thereof; and A-1 must within five (5) business days, reimburse the KIB'S expenditure. In the event that any insurance policy is canceled or the policy is materially changed, A-1 must immediately notify the KIB and cease Timber Operations until certificates of insurance are delivered to and approved in writing by the KIB. The KIB reserves the right to reasonably increase the required insurance coverage limits to be in accordance with the current industry standards by giving 30 days written notice to A-1. C. Risk of Loss. The risk of loss by fire, windstorm, or other cause of any standing, decked or down Merchantable Timber within the Timber Sale Area shall be home by the holder of tide to the timber or logs. The Parties recognize the Contract is for the sale of salvage timber, which is sold "AS IS" The KIB is not obligated to supply, nor is A-1 obligated to accept and pay for, other timber in place of the destroyed or damaged timber. The loss or damage to timber removed from the sale wren under the contract is home by A-1. If the logs cannot meet all requirements for a Phytosanitary Certificate or the Alaska Division of Agriculture cannot issue a Phytosanitary Certificate for standing and down timber in the Timber Sale Area, then A-1 may suspend all logging operations and terminate this Contract The risk that standing or down timber in the Timber Sale Area does not meet all requirements for a Phytosanitary Certificate is home by the KIB. In the event of contract termination due to noncompliance with requirements necessary to obtain a Phystosanitary Certificate, title to all trees and decked logs remaining within the sale area will revert back to the KIB. Kodiak Island Bomugh Twin Creek Fire Salvage Timber Sales Contract Page 8 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 207 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 208 of 400 D. Performance and Project Bonds. At the time of executing this contract, A-1 must deposit with the KIBTwenty-five Thousand dollars ($25,000.00) as a Performance Bond. All bonds shall be submitted in the form of a cashier's check, money order, me certificate of deposit (with automatic renewal) in the KIB's name in trust for A-1, or surety made payable to the KIB. Bonding must conform to I I AAC 71.095. If cash is used for the Bonding it will be placed by the KIB in a separate KIB account and all interest on the Performance Deposit shall accrue to the benefit of KIB. If A -I is in default under this Contract and has received notice of such defnult from the KIB, but has failed to cure such default, the KIB may apply said Bond to pay for the performance of the default obligation and any of the Kla's expenses or damages incurred as a result of A -I's default. A -I shall remain liable for any deficiency that remains after application of the Performance or Project Bond to any amount owed and within ten (10) days of KIB's said application, A-1 must deposit that sum of money necessary to maintain a Performance Bond of Twenty -rive Thousand dollars (525,000.00). 13. ENVIRONMENTAL COMPLIANCE, PROTECTION AND SAFETY A. Hazardous Materials. A-1 must not cause or permit to be brought upon, stored or used in or about the Timber Sale Area, or the Roads by A -I, its agents, employees, contractors, or invitees, any Hazardous Materials without the prior written consent of the KIB, which will not be unreasonably withheld by the KIB so long as A-1 demonstrates to the KIB's satisfaction that such Hazardous Materials are reasonably necessary to A -I's Timber Operations and will be used, kept, and stored in a manner that complies with all Laws regulating any such Hazardous Materials. B. Fuel Storage, Fueling. Maintenance and Spill Prevention. The KIB hereby consents that A- I may bring upon, and use necessary fuel, lubricating oil, hydraulic fluids, explosives, and anti -freeze substances in the Timber Sale Area and on the Roads during the Tenn of this Contract only to the extent such items are transported, used, and disposed of in a manner that complies with all Laws and the terms of this ContraCLA-I must maintain and use mobile fuel storage and refueling facilities and must do so in accordance with all applicable Laws. No fixed tank storage is allowed on the sale area A-1 must have adequate absorbent and cleanup materials on site and in all vehicles and machinery used in the Timber Sale Area to contain spills related to fueling, maintenance and repair operations and damage likely to be sustained in the course of operations. Fuel storage facilities must not be placed within 100 feet of water bodies. Refueling of equipment must not occur on the active flood plain of a water body. C. Sanitation. The sale area must be maintained in a clean and sanitary condition during the operations of A-1. Any foreign materials or wastes such as cans, bottles, barrels, garbage, equipment, equipment parts, or other debris resulting from this operation must be removed from the sale area as they are used and at the latest, upon completion of operations on any cutting unit. D. Immediate Cleanup of Environmental Contamination. In the event A -I becomes aware of any Environmental Contamination within the Timber Sale Area, A-1 must immediately notify the KIB and the Alaska Department of Environmental Conservation of any such Environmental Contamination and (unless provided for otherwise in a KIB-approved joint use Contract between A -I and other Authorized Users of the Timber Sale Area) must immediately take all actions at its sole expense as are necessary to contain and cleanup Environmental Contamination in a manner consistent with the requirements of Law. Without limiting A -I's containment and cleanup obligations herein, to the extent that it is economically reasonable to do so, A -I must return the affected area to the condition existing prior to the introduction of any such Hazardous Materials. Kodiak Island Borough 7WIn Creek Fire Salvage Timber Sales Contract Page 9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 208 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 209 of 400 14. DEFAULT BY A-1 A. Events of Default by A -I. Any of the fallowing shall be deemed an event of default by A-1 ("Event of Default"): (1) Any representation or warranty made by A-1 that proves to be false in any material respect; (2) A -I's failure or refusal to perform, fulfill, or observe any provision in this Contract or State law, or A -I's breach of any covenant in this Contract; or (3) If A -I has a receiver appointed for all or any significant part of its assets, becomes insolvent, files a petition in bankruptcy or for reorganization, liquidation, or relief under any bankruptcy, insolvency, or debtor laws, or makes an assignment for the benefit of creditors, or if a petition is filed against it in bankruptcy or under insolvency or debtor laws. B. Notice of Default/Cure/Terrninmion. In the event of default under paragraph W.A. (Events of Default by A-1) above, the KIB will serve written notice on A-1 that states the ground or grounds upon which default is alleged and demand a cure. (1) If A-1 fails to make any payment or deposit any sums due under this Agreement, the KIB shall provide written notice of the breach to A-1 with 5 business days to care. If A- 1 does not cure such breach within 5 business days after receipt of the written notice of breach, the KIB may, by providing written notice to A-1, suspend operations under this Agreement until the payment or deposit is made or terminate this Agreement 30 days after A-1 receives written notice of termination. The Parties shall retain all rights and remedies available under this Agreement and applicable law. (2) If any Party breaches this Agreement other than by failing to make a payment or deposit any sums due under this Agreement, the non -breaching Party shall provide written notice of the breach to the breaching Party. The written notice shall state the nature of the breach and the cure needed to remedy the breach. If the breaching Parry fails to cure the breach within 30 days after receipt of the written notice of breach, the non -breaching Party may, by providing written notice to the breaching Party, suspend operations under this Agreement until the breach is cured or terminate this Agreement 30 days after the breaching Party receives written notice of termination. If, however, the nature of the breach is such that the breaching Party cannot reasonably cum the breach within 30 days and the breaching Party promptly commences curing the breach and thereafter diligently prosecutes the same to completion, then the breaching Party shall not be deemed to be in default. The Parties shall retain all rights and remedies available to it under this Agreement and applicable law. (3) If A-1 is in breach of this Agreement and the breach causes or could potentially cause an immediate and irreversible risk of damage to the KIB, including, for example, fire or damage to water resources, the KIB may suspend those operations in breach of this Agreement by providing written notice to A-1. The written notice shall stale the nature of the breach, the immediate and irreversible risk of damage to the KIB, and the cure needed to remedy the breach. If A-1 fails to cure the breach within 30 days after receipt of the written notice of suspension, then the KIB may, by providing written notice to A-1, terminale this Agreement 10 days after A -I receives written notice of termination. If, however, the nature of the breach is such that A-1 cannot reasonably care the breach within 30 days and A-1 promptly commences curing the breach and thereafter diligently prosecutes the same to completion, then those operations shall continue to be suspended and the KIB shall not terminate this Agreement. The Parties shall retain all rights and remedies available under this Agreement and applicable law. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 10 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 209 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 210 of 400 (4) Failure of the KIB to strictly enforce at any time any of the provisions of this Contract shall not be construed to be a waiver or affect the right of the KIB to thereafter strictly enforce such prevision. 15. INTERIM AND FINAL ACCOUNTING Upon the expiration of this Contract or within thirty (30) business days of the completion of all remaining obligations of A-1, whichever is earlier, there must be a final accounting between the parties. Within thirty (30) days after all calculations have been made and approved by both parties, and final accounting and other inspections have been completed by the KIB and applicable regulatory agencies, the party indebted to the other must pay the outstanding balance owed to the other party, at which time any remaining Performance Deposit shall be released or refunded. Upon completion of all A-1 obligations under this Contract, the KIB will execute a written release, releasing A-1 from any further obligations under this Contract, except those that specifically survive termination of this Contract. 16. RIGHTS AND OBLIGATIONS UPON EXPIRATION OR TERMINATION OF CONTRACT Rights in Timber Sale Area. Upon the termination or expiration of this Contract, any claim or right A-1 may have in and to the Timber Sale Area, to any Merchantable Timber or logs remaining in the Timber Sale Area, or to the Roads and Related Facilities in the Timber Sale Area shall terminate. Obligation to Remove Within thirty (30) days of completion or termination of A -I's Timber Operations, whichever is earlier, A-1 shall remove from the Timber Sale Area and the Roads, all equipment, materials, chemicals, goods, supplies, machinery, cable, wastes, structures, and any other items or improvements placed thereon by A-1. The Timber Sale Area and the Roads must be left free of all litter, debris, and all foreign materials generated by Ad's operations. A -I's removal thereof must be made in a manner that does not leave the Timber Sale Area in a dangerous or unsafe condition and allows for reasonable concurrent uses during the removal period. If the above items are not so removed, the items may either be removed from the Timber Sale Area at A -I's expense or shall become property of the KIB if the KIB so elects. 17. NOTICES AND PARTIES' REPRESENTATIVES Any notice, demand, and other communication to be given or delivered under or by reason of the provisions of this Contract shall be in writing and is to be deemed to have been given (a) when delivered if personally delivered by hand, (b) when received if sent by a nationally recognized overnight courier service (receipt requested), or (c) when receipt is acknowledged by an affirmative act of Ura party receiving notice if sent by facsimile (provided that such an acknowledgement does not include an acknowledgment generated automatically by a facsimile machine). Notices, demands, and communications to the parties shall, unless another address is specified in writing, he sent to the addresses indicated below: To the KIB: To: KIB Field Rep. Kodiak Island Borough Kodiak Island Borough 710 Mill Bay Road 710 Mill Bay Road Kodiak, Alaska 99615 Kodiak, Alaska 99615 Attn: Manager Attn: Resource Management Officer (907)486-9302 (907)486-9304 Facsimile: (907)496-9374 Kodiak Island Borough Twin CreekF'lm Salvage Timber Sales Contract Page I 1 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 210 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 211 of 400 To: PURCHASER To: Purchaser's Field Rep. A-1 Timber Consultants, Inc. A-1 Timber Consultants, Inc. PO Box 1001 PO Box 825 Chehalis, WA 98532 Kodiak, AK 99865 Atm: Tom Loushin Atm: Tom Loushin Facsimile No.: (360)748-0507 Facsimile No.: (907)=_ Significant deficiencies or defects in the Purchaser oocrations will likely be delivered verbally at the time of observation. It will be expected that the Purchaser will begin remedial actions at that time to meet Contract standards and requirements of Law. Such circumstances will be chronicled in written format with further information about the oversight and corrective actions related to the Problem 18. ASSIGNMENT OF CONTRACT This contract may not be assigned by A-1 without written consent to such assignment first having been obtained from the KIB and the necessary amendment made to the contract. 19. LIENS A-1 mast pay or cause to be paid promptly when due any claim, debt or charge against A-1, which might become a lien against any of the KIB's assets associated with this Contract. A-1 must not suffer or permit any such lien or encumbrances of any kind to be filed against or upon any equipment, improvements, logs, the Timber or the property from which the same are cut, eor from the proceeds thereof, regardless of whether the basis of such lien is a claim against A-1 or against an employee, agent, supplier, or subcontractor of A-1. A-1 most keep the Timber Sale Area and Timber free and clear of any and all mechanics, loggers, labor or materialmen's liens arising from the performance of labor upon or the furnishing of materials to the Timber Sale Area. A-1 may contest the validity of any such lien that may be filed by providing reasonable security to the KIB. A-] must post notices of the KIB's non -responsibility pursuant to AS 34.35.065 and AS 34.35.150. 20. REPRESENTATIONS AND WARRANTIES A. KIB As additional consideration for this sale, the KIB hereby represents, warrants, and disclaims warranties, as follows, which representations, warranties, and disclaimers shall survive the expiration of this Contract: (1) It is duly authorized to enter into this Contract; (2) It makes no warranties, express or implied, as to the access, availability, operability, value, total volume that may be cut in the Timber Sale Area, type, species distribution, grade, quantity, quality, merchantability or fitness for a particular use concerning the Timber and the Timber Sale Area; (3) Its approval of the Timber Sale is not a warranty that timber harvesting in the Timber Sale Area is economically or operationally feasible for A-1; (4) It does not warrant the accuracy of any title, appraisals, timber cruises, investigations or other presale documents or evaluation the KIB has prepared; (5) It does not warrant any other item that extends beyond the written contents of this Contract. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 12 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 211 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 212 of 400 B. A-1. As additional consideration for this purchase, A-1 hereby represents and warrants as follows, which representations and warranties shall survive the expiration of this Contract: (1) It has read the above KIB warranty section with care and in its entirety and understands it completely; (2) It has had an unrestricted opportunity to review documents received from the KIB related to this timber sale which are not subject to the attomey-client privilege and has carefully inspected the Timber Sale Area and all Timber on the Timber Sale Area, and except for the KIB's Representations and Warranties set forth in Paragraph I BA (KIB Representations and Warranties) above, A-1 is purchasing the Merchantable Timber and accepting the Timber Sale Area "AS IS;' (3) It has independently considered and made its own determination concerning the physical, legal, and economic facts related to the access to and operations within the Timber Sale Area, log transport, log storage and transfer, delivery conditions, fuel transport and storage, availability of sort yards, matters of title, government regulation, the construction of the required Roads, the harvest of the Timber (and the ease or difficulty in harvesting it), the value, volume, grade, species distribution, type, quality and merchantability of the Timber and the economic feasibility and operability of the timber harvesting and A -I's ability to harvest the Timber, and all other matters related to the harvest and sale of the Timber. A-1 assumes each, every, and all risks related to the Merchantable Timber and the Timber Sale Area; (4) It further assumes all risks related to the quantity or quality of rock, sand, gravel, stone or other construction materials in the Timber Sale Area; (5) It is in good standing in accordance with the Laws of the State of Alaska; (6) It is qualified to do business in the State of Alaska; (7) It is duly authorized to enter into this Contract and all agreements and documents contemplated hereby, and to make the representations and warranties set forth herein. When executed and delivered by A-1, this Contract shall constitute a legal, valid, and binding obligation of A-1 that the person executing this Contract for and on behalf of A -I is duly authorized to do so, and that neither the execution of this Contract nor its performance by A- 1 will conflict with or result in the breach of any other instrument, covenant, or undertaking of A-1; (8) All submissions to the KIB made in relation to this Contract are true and correct; (9) It is entering into this Contract based upon its own knowledge and information of the Timber, of the Timber Sale Area, and of the timber business, and not because of any inducement or representation of the KIB, or any representative of the KIB; (10) It is experienced in the logging industry, has independently reviewed all applicable laws, and has a sufficient working familiarity with such Laws to enable it to obtain necessary permits and comply with same; and (11) It has consulted with an attorney of A -I's own choosing concerning the contents of this Contract. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 13 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 212 of 400 AGENDA ITEM #12.B. Contract No. FY2O16-45 -A Salvage Timber Sale Contract Betw... Page 213 of 400 21. VALID EXISTING RIGHTS: The rights granted to A-1 under this Contract are subject to all valid existing rights in existence on the Effective Date whether or not made of record, including without limitation, easements, rights -of- way, reservations, or other interests inland. 22. GENERAL PROVISIONS A ConVaators. A-1 shall notify the KIB in writing of all contractors and subcontractors engaged by A- I to perform Timber Operations relating to this Contract. A -I must require, by contract, all such contractors and subcontractors to abide by the terms and conditions of this Contract, and A -I must provide them with relevant provisions of this Contract. I Delivery of Payments, All payments most be delivered to the KIB or to A-1 respectively at the addresses set forth in the Paragraph 17 (Notices and Parties' Representatives). A-1 shall not be entitled to any abatement, deductions or offsets of any amount due to the KIB. All past due amounts shall accrue interest at the interest rate of 4.0% per annum until payment is received. C Govemine Lew. This Agreement shall be governed by the laws of the State of Alaska. D. JURY WAIVER. A -I TIMBER CONSULTANTS, INC. AND THE KODIAK ISLAND BOROUGH ACKNOWLEDGE, AGREE, AND REAFFIRM THAT, IN THIS CONTRACT, A-1 AND THE KIB HAVE WAIVED, AND CONTINUE TO WAIVE, THE RIGHT TO ANY JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER PARTY. SELLER: PURCHASER: KODIAK ISLAND BOROUGH A-1 TIMBER CONSULTANTS, INC. 710 Mill Bay Road P.O. Box IOOI Kodiak, Alaska 99615 Chehalis, Washington 96532 KODIAK ISLAND BOROUGH A -I TIMBER CONSULTANTS, INC. By: By: William Robcrts Tom Loushin Title: Manager Title: President STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT The Foregoing Instrument was acknowledged before me of and on behalf of the Kodiak Island Borough on this_day of 2016. Kodiak Island Borough 7WIn Creek Fire Salvage Timber Sales Contract Page 14 Contract No. FY2O16-45 -A Salvage Timber Sale Contract Betw... Page 213 of 400 AGENDA ITEM #12.6. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 214 of 400 SUBSCRIBED AND SWORN TO this _dayof 2016. Notary in and for the State of Alaska My commission expires:_ STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT The Foregoing Instrument was acknowledged before me, of and on behalf of the Corporation on this—day of 2016. SUBSCRIBED AND SWORN TO this_ day of 2016. Notary in and for the State of My commission expires:_ Kodiak Island Borough Twin CreekFim Salvage Timber Sales Contract Page 15 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 214 of 400 FwJ7Wl",, Contract No. s,s 5-ASalvage TimSale Contract mR. Page 215y 400 mm1A »»Rm:wamr m [co // e �\ |� § f f||2 f ._ ! {'| !�|! ` \ � � � { KDdiak Island Borough 7a,in Creek Pre Salvage Tind,cr Sales Caramel Page 16 Contract No. s,s 5-ASalvage TimSale Contract mR. Page 215y 400 AGENDA ITEM #12.8. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 216 of 400 EXHIBIT E TIMBER SALE DESCRIPTION As indicated in Exhibit A, all the timbered lands and owned by the Kodiak Island Borough found om section(s) 31 and 32, Township 29 South, Range 18 West, and section(s) 5 and 6, Township 30 South, Range 18 West, all in the Seward Meridian and as described in documents ADL 55850 and ADL 59078. Kodiak Island Borough Twin Creek Pire Salvage Timber Sales Contract Page 17 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 216 of 400 AGENDA ITEM #12.B. Contract No. FY2O16-45 - A Salvage Timber Sale Contract Betw... Page 217 of 400 EXHIBIT C INSURANCE POLICIES Without limiting PURCHASER's indemnification, it is agreed that PURCHASER shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the PURCHASER's policy contains higher limits, the KIB shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be famished to the KIB prior to beginning work and most provide for a 30 -day prior notice of cancellation, nonrenewal or material change of conditions. Failure to furnish satisfactory evidence of insurance or lapse ofthe policy is a material breach of this contract and shall be grounds for default All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance under AS 21. a. Workers' Compensation Insurance: The Contractor must provide and maintain, for all employees engaged in work under this contmcl, coverage as required by AS 23.30.045. The coverage must include: I. Waiver of subrogation against the KIB by the PURCHASER and all subcontractors associated with the timber sale; ii. Employer's Liability Protection at $500,000 each accidentteach employee and $500,000 policy limit; iii. "Other States" endorsement if the purchaser or subcontractor directly utilizes labor of residents from outside of the State of Alaska; iv. United Stales Longshore and Harbor Workers' Act Endorsement, whenever the work involves activity over or about navigable water; and V. Maritime Employer's Liability(Jones Act) Endorsement with a minimum limit of $1,000,000 whenever the work involves activity from or on a vessel on navigable water. b. Commercial Automobile Liability covering all vehicles used in connection with the timber sale. All opemtors must meet the State minimum requirements for commercial carriers as defined in AS 19.10.300. $200,000 property damage single occurrence. $500,000 bodily injury single occurrence. $2,000,000 combined damage in single occurrence. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 18 Contract No. FY2O16-45 - A Salvage Timber Sale Contract Betw... Page 217 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 218 of 400 EXHIBIT D CATEGORICAL CONDITIONS TO THE CONTRACT 1. Retention and Protection of Healthy Non -merchantable Trees -- During timber harvest operations, A-1 will strive to protect and otherwise limit disturbance to any spruce trees 6" DBH (six-inch diameter at breast height) and smaller tree diameter size that are healthy, exhibit limited fire disturbance impact or are otherwise successfully recovering from fire thermal degradation. During each KIB inspection of project operations, part of the field review will be directed at looking for any avoidable impacts to healthy trees in this classification. It is understood that mechanical disturbance is unavoidable in some instances. But apparent avoidable disturbance to these tree types will be recorded and reported to A-1. At the conclusion of contract operations, A-1 will be charged a fee of $50 for each impacted tree and this total amount will be assessed as liquidated damages against the return of the Purchaser's Performance Bond. 2. Slash Management Standards --- In conjunction with logging operations, A -I is required to conduct slash management activities. Slash debris accumulated at log landings or any other areas will either be slacked and hauled from the project area or material left in piles at the conclusion of operations. If material is left on site, slash will be piled high as practical and the number of piles minimized to reduce surface area and allow for reforestation to the fullest extent. Slash cleanup will include no less than 900/6 of limbs and tree woody debris biomass. 3. Unmerchantable Log Material — At the conclusion of operations at log landings, A-1 will remove or disperse all cull and unmerchantable log material from the landing areas. This material may be scattered on nearby forest land and spread out so that log pieces are laying on the ground surface for natural decomposition. 4. Areas to be preserved for wildlife habitat or other non -salvage harvest meas will be designted in the DPO with a marked boundary and approximate acreage. It will be the responsibility of A -I to locate and identify the boundary in the field subject to the approval of the KIB. 5. A-1 will provide updated salvage harvest completion maps on monthly basis that shows areas of tree cutting and logging removal, road locations, material site locations, etc. 6. Use of gravel pits by AA will be confined to the KIB project area and use of these materials will be suspended at the end of contract term. All gravel pits opened by A-1 will be closed at the conclusion of salvage harvest operations and reclaimed in such manner to allow for replanting as part of the reforestation plan established by KIB. KIB reserves the right to have A -I leave one gravel pit open if desired by the residents of Chiniak as a personal use borrow pit and to provide material for eventual road maintenance in the harvested area. 7. A-1 will obtain a permit from ADOTIPF for the proposed intersection of the road that will intersect with the Chiniak Highway to ensure that all sight distance and other relevant safety requirements are met. Kodiak Island Borough Twin CreekFim Salvage Timher Sales Contract Page 19 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 218 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 219 of 400 8. A-1 will remove log crib bridges at the conclusion of salvage harvest operations and leave the roads in the sale area open for public use. At the discretion of KIB, it may also be necessary to remove any culverts beyond a log crib bridge as it will not be easy to access or maintain such culvert improvements once the larger bridges are removed 9. The road intersection with Chiniak Highway proposed by A-1 will be closed, blocked and reclaimed for a distance of 150 yards. A spur road will be placed to the KIB property where the Chiniak Library was formerly located and that will become the principal access to the sale area at the conclusion of all salvage harvest operations. 10. A -I will provide KIB with a detailed schedule of operations including such things as the hours and days of planned operation. Salvage operations on Sunday and recognized stale or federal holidays shall not be allowed unless specifically permitted by the KIB. 11. The KIB will, in consultation with KEA, consider the harvest of trees on KIB land outside the sale area that may constitute a danger to the electrical service lines serving the Chiniak community as a matter separate from this salvage timber sale. 12. A -I will implement minimal noise driving techniques within one half mile (linear) each side of the residential areas adjacent to the Chiniak Highway. This shall include a prohibition on the use of engine compression in residential areas. 13. A -I will curtail hours of operation to the hours between 7:00AM and 9:001'M when operating within 500 feet of a habitable structure. 14. Copies of environmental permits issued to A -I and relevant to the salvage timber sale area shall be provided to the KIB. 15. KIB will set aside 10% of the net proceeds from the salvage timber sale as a contingency to offset any adjustments to DPO's that are based on public comments received and approved by staff for inclusion in the DPO. Kodiak Island Bomugh Twin Creek Fire Salvage Timber Sales Contract Page 20 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 219 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 220 of 400 EXHIBIT E ROAD CONSTRUCTION AND MAINTENANCE REQUIREMENTS Twin Creeks Fire — Salvage Timber Sale 1. Road and Landing Construction. Roads as identified in Exhibit F must be used for access to the timber sale. All mad segments must be built to the specifications described below, and in the location marked on the ground with orange centerline ribbon labeled "Truck Road" (also shown on limber sale layout map). The mad type(s) required in the sale is identified in Exhibit F. The type, grade and alignment may be changed only with written permission from the KIB representative. The PURCHASER must take all measures which the KIB determines necessary to protect stream banks and stream courses during road and landing construction and to prevent erosion of exposed soil and fill material. 2. Drainage Structures. Obvious drainages are identified in Exhibit F. The drainage structures identified are for surface waters of significant size that will likely require that special care be exercised during road construction and logging operations. The drainages may not be capable of supporting snow and ice bridge crossings, depending on the seasonal weather conditions. If weather conditions provide for good logging conditions but are inadequate to harden areas adjacent to drainages for truck and equipment traffic, the PURCHASER must be prepared to: a. Stop hauling, scarifying and/or logging operations until conditions improve with respect to the integrity of the streams and soil conditions. The KIB will make the final determination as to whether conditions are adequate to maintain water quality and stream integrity. This in no way diminishes the responsibility of the Purchaser to maintain water quality under the FRPA. b. Install portable bridge structures over unstable stream areas to protect the integrity and water quality of the streams by keeping traffic away from the streams and associated unstable soil conditions. 3. Culvert Specifications: Culverts must be installed as approved by the KIB with the following specifications: a. Culverts must extend beyond the base of the road at least 36" on either side of the mad, b. The minimum culvert diameter is 18 inches, c. The natural slope of the stream or drainage must be maintained, where feasible, d. Culverts must be designed and installed so as to maintain the course of the stream or drainage. On steep slopes, the culvert drain must be sloped about 30 degrees down grade, e. Culverts must be installed to avoid pooling at either end of the culvert, use ditch plugs on steep slopes, f. PURCHASER must install energy dissipaters and sediment traps to prevent erosion on steep slopes and sediment ran off, g. The road bed depth over the culvert must be 'h the culvert diameter or at least 12 inches, whichever is greater, h. Bedding material must be free of rock and debris that might puncture the pipe or carry water around the culvert, i. The bedding material most be tamped along the sides and above the pipe, and Kodiak Island Bomugh 7Wh, Creek Flm Salvage Timber Sales Contract Page 21 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 220 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 221 of 400 j. Culverts in streams requiring fish passage must be installed as per I I AAC 95.305. 4. Bridge Construction a. Each end of the bridge must be firmly anchored to the abutment structure; b. An earth embankment constructed for use as a bridge approach must be protected from erosion by using planted or seeded ground cover, bulkheads, rock ripmp, retaining walls, or other equally effective means; c. A bridge must be installed in such a way as to minimize disturbance to the bed and banks of a stream. No part of the finished bridge structure may be below the high water marks of the stream or obstructing the stream's flow between ordinary high water; d. Equipment stream crossings are not authorized without prior specific KIB approval. The purchaser must submit written plans if crossing of open (unfrozen waters) is required for mad construction. e. A snow ramp or ice bridge must be constructed only of snow, ice, and cribbing, and must be largely free of soil and organics; it must be constructed to disintegrate with natural ice breakup, or it must be breached and the cribbing removed when feasible before breakup to protect downstream structures, water quality, and fish habitat. f. Bridge structures used on the sale must meet or exceed USFS standards for temporary low volume industrial bridge structures for the loading anticipated by the purchaser. 5. Road Maintenance. a. On-going Maintenance. Once initial operations involving road use under this contract commence by the PURCHASER, maintenance must be an on-going function throughout the duration of the contract. The PURCHASER may cease maintenance operations during prolonged shut -down periods providing all roads are stabilized according to the standards specified in (D&E) below with prior written approval by the KIB. b. Existing Road Cross Sections. The PURCHASER must maintain existing road cross-sections by blading and shaping the surface and shoulders or replacing surfacing as required by the KIB. c. Minimize Damage. The PURCHASER must minimize damage to ditches, drainage structures, slopes and road surfaces. Where damage does occur, the PURCHASER most restore the road and structures to their prior condition within 48 hours, unless the KIB requires a shorter or longer period of time. d. Preventative Maintenance. The PURCHASER must perforin preventative maintenance at the end of each operating season to minimize weather damage during the non -hauling period. This may include cross -ditching, post -haul binding to remove berms, ruts or other surface irregularities that would interfere with normal runoff of water and cleaning ditches and removal of drainage structures. e. Seasonal Work. The PURCHASER must perform all seasonal weather clean-up, removal of bank slough, minor slides and fallen timber, brush road, replace material eroded from slopes, and clean out drainage ditches and culverts at the beginning of each operating season. In removing material from slides or other sources, the PURCHASER must deposit the material in a location where it will not erode into streams, takes or reservoirs. Cut slopes, slumps, or other areas of exposed soil that Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 22 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 221 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 222 of 400 are at risk for producing sedimentation of surface waters must be grass seeded or otherwise stabilized to reduce sediment transport. f Work Upon Termination. All roads and structures must be put to bed upon termination of use in compliance with the Alaska Forest Resources and Practices Act and Regulations, or at the option of the KIB, they may be left to be maintained as specified in (E) and (F) above. 6. Road Maintenance Contracts. a. If the PURCHASER jointly uses the Roads and Related Transportation Facilities with other authorized parties under this, or a subsequent contract, each party must enter into a joint use road maintenance Contract prior to hauling logs on the jointly used roads. b. The PURCHASER, if utilizing state, borough maintained roads and private roads for business operations, must protect the roads from damage by its activities. Any damage to public and private roads must be corrected to existing or better condition. The PURCHASER, if using public and private roads for business operations, must also contact the Kodiak Island Borough to inform them of the time and duration prior to the start of operations. The PURCHASER and the private property owner are responsible for negotiating private road issues. The KIB, in its discretion, reserves the right to enforce any such agreements as third -party beneficiary contracts. 7. Road Standards. Primary or Main Haul Roads Road Width: Roads must be 25 feet, including ditch (see typical roadbed section) and 40 feet where designated turnouts are built. Surfacing Width: 14-16 feet running surface. Use: Moderate year round, except during spring breakup. Designed and constructed to access several timber sales, or to allow for possible future upgrades. Surfacing: The minimum necessary, usually a minimum of 12" of gravel, to allow log tracking without surface deformation year round, except during spring breakup. l'umouts: Surfaced length of 50 feet, 12 foot width and 25 foot length of ingress and 25 foot egress. Turnouts must be inter -visible, or every %a mile, whichever is more often. Grade: The maximum favorable grade is 10%; the maximum adverse grade is 60A. Degree of curvature: The ordinary desired curve radius is a 100 foot minimum. Kodiak Island Borough 7Win Creek Fire Salvage Timber Sales Contract Page 23 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 222 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Bettv... Page 223 of 400 Stump removal: Stump removal is required under running surfaces and ditches. Clearings: All merchantable materials within the road clearing limits must be felled, limbed and decked at landings. Debris most be pushed into natural openings and may also be buried beneath the running surface of the road, especially in wet areas that need more support. Ditches: Minimum depth is 1'fi foot below the surface grade of the entire length of both sides of the road and must be adequate to drain peak Flow. Culverts: Culverts must be placed on the natural slopes where necessary to prevent pooling of water caused by the roadbed. Culverts must extend beyond the base of the road at least 36" on both sides of the road. Secondary Roads Road Width: Roads must be 20 feet, including ditch (see typical roadbed section) Surfacing Width: 14 feet running surface. Use: Light year round except during spring breakup. Designed and constructed to access more than one timber sales, or to allow for possible future upgrades. Surfacing: The minimum necessary, usually a minimum of 6" of gravel, to allow log tracking without surface deformation year round, except during spring breakup. Turnouts: Must be constructed large enough for opposing truck and utility vehicles to safely get out of log truck traffic without undo maneuvering at the typical traffic speed. Turnouts must be every 1/4 mile, or more often as needed for safe passage of logging trucks and at the end of the spur. Grade: The preferred maximum favorable grade is 10%; the preferred maximum adverse grade is 8%. In any case, the grade must not exceed standards set by OSHA. Degree ofcurvature: The ordinary desired curve radius is 75 foot minimum. Stump removal: Stump removal is not required under running surfaces and ditches, but they must be sheared off or otherwise lowered so as to not affect the road surface or ditch function. Clearings: All merchantable materials within the road clearing limits must be felled, limbed and decked at landings. Debris must be pushed into natural openings and may also be buried beneath the running surface of the road, especially in wet areas that need more support Kodiak Island Borough Twin CreekF'ire Salvage Timber Sales Contract Page 24 Contract No. FY2016-45 - A Salvage Timber Sale Contract Bettv... Page 223 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 224 of 400 Ditches: Minimum depth is 1 foot below the surface grade of the entire length of both sides of the road. Ditches must be adequate to drain peak Flow. The road must be graded and crowned to drain. Standing water may not be allowed to pool on the road. Culverts: Culverts most be placed on the natural slopes where necessary to prevent pooling of water caused by the roadbed. Culverts must extend beyond the base of the road at least 36" on both sides of the road. Spur Truck Roads Road Width: Roads must be 16-I8 feet. Surfacing Width: 12-14 feet running surface. Use: Light short-term. Chiefly timber harvest use, normally less than''/. mile in length. No expected future extension. Surfacing: The minimum necessary to complete timber harvest operations, normally a seasonal road. Turnouts: Must be constructed large enough for opposing truck and utility vehicles to safely gel out of log truck traffic without undo maneuvering at the typical traffic speed. Turnouts must be constructed as needed for safe passage of logging trucks and at the end of the spur. Grade: The preferred maximum favorable grade is 20%; the preferred maximum adverse grade is 12%. In any case, the grade must not exceed standards set by OSHA. Degree of curvature: The ordinary designed curve radius is 75 foot minimum. Clearings: Debris may be buried or piled in natural openings. Ditches: As required to minimize water quality impacts. The road must be graded and crowned to drain. Standing water may not be allowed to pool on the road. Culverts: Culverts must be placed on the natural slopes where necessary to prevent pooling of water caused by the roadbed. Culverts must extend beyond the base of the road at least 36" on both sides of the road. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page 25 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 224 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 225 of 400 Winter Ice Roads Winter roads are roads that can normally support regular logging vehicle traffic only during winter months and that have a load bearing capacity derived from a combination of frost, snow, and/or ice (I I AAC 95.900(90)). Construction techniques for winter access routes depend on the range of terrain encountered, and may include clearing vegetation and ground cover needed to provide a level running surface. Road surfaces may be composed of frozen mineral soil, packed snow, ice, or surface organics (1 I AAC 95.290(f) & (g)). Some segments of winter roads may cross terrain that requires construction to all season standards. Ballast for winter construction will predominately be snow, ice and frozen organics. Where ballast is required, it must be obtained from an approved borrow pit. Unless otherwise approved in writing and staked on the ground by the KIB, road fill placed by the PURCHASER must not cover, encroach on, or alter permanent or intermittent water channels. Road Width: Roads shall be 14 feet. Surfacing Width: 12 feet running surface. Use: Light short-term. Chiefly timber harvest use. No expected future extension. Surfacing: The minimum necessary to complete timber harvest operations, normally a seasonal road. Minimum requirement of 8 inches of snow and 6 inches of frost to maintain a minimum of three inches of compacted ice and snow. This standard allows for variations in winter snow conditions. Deep snow may prevent ground freezing but provide for adequate ground protection. If the ground is not frozen to a depth of at least 6 inches, additional snow depth is required. Turnouts: Must be constructed large enough for opposing cock and utility vehicles to safely get out of log truck traffic without undo maneuvering at the typical traffic speed. Turnouts are to be constructed as needed for safe passage of logging trucks and at the end of the spur. Grade: The preferred maximum favorable grade is 100%; the preferred maximum adverse grade is l0a/o. In any case, the grade must not exceed standards set by OSHA. Degree of curvature: The ordinary designed curve radius is 75 fool minimum. Stump removal: Removal of stumps and vegetative mat is prohibited unless approved by the KIB. All stumps must be cut lower than 6 inches. Clearings: Debris may be piled in natural openings and burned. Ditches: Not required. Kodiak Island Borough Twin Creek Fire Salvage Timber Sales Contract Page26 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 225 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 226 of 400 Maintenance: Open drainages before spring breakup. Close access after logging ' use. Discontinue use before frost layer is too thin to prevent surface deformation. 8. Road Closure. a. Road closure must meet the standards identified by I 1 AAC 95.320 of the Alaska Forest Resources and Practices Regulations. b. The first 300 feet of any temporary road constructed as part of this Agreement must be ripped with a dozer, overburden and debris pushed back over the road bed, and/or other actions necessary to make the road impassible as directed by the KIB. c. Temporary roads designated by the KIB to remain open for recreational use will require berms, cables, or gates to restrict highway vehicle use. 9. Clearing and Grubbing a Trees within the road right of way must be felled and yarded ahead of the road construction. b. The clearing boundary limits outside of the sale area are 75' on either side of the centerline. Timber from within the ROW is considered part of the Timber sale and will be handled as such by the PURCHASER. Within the sale area, the PURCHASER may determine the clearing limits. c. Snags and trees leaning heavily over the roadway that are outside the clearing limits must be felled. d. Unstable soils must be stabilized to minimize sedimentation by using appropriate erosion control measures such as seeding, using erosion control mats, and installing settling basins. e. Cuts and Fills. Minimize cuts and fills in thaw -unstable permafrost. Cuts and fills must be avoided. C Removal of Surface Organics. Surface organics may only be removed to provide a level running surface. g. Debris must not be piled or pushed against existing trees. 10. "Trail Signage. The PURCHASER must place warning signs on all snowmobile routes and seismograph trails where they intersect with the Timber Sale Area. Warning signs must also be placed wherever snowmobile trails intersect with roads used for log removal. The signs must be placed in clear and conspicuous locations. The signs must be maintained throughout the life of this agreement. Kodiak Island Borough 7W!n Creek Fire Salvage Timber Sales Contract Page 27 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 226 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 227 of 400 11. Grading a. Any fills over 6 feet must be widened 2 feet for each 6 feet of centerline depth to a max. of 36 feet. Fill slopes must be no steeper than 1 1/2:1 for common fill. b. Cut slopes must be no steeper than 1:1 common, 1/2:1 soli rock, 1/4:1 solid rock. c. Some dry season roads may require extra widening on curves and deep embankments Extra Widening Inside of Curves Pills under 6' add 1' 10'- 1 foot Pills over 6' add 2' 30' - 2 feet 50'- 3 feet 60'- 4 feet Kodiak Island Borough 7'x in Creek Fire Salvage Timber Sales Contract Page 28 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 227 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 228 of 400 TYPICAL ROADBED SECTION SINGLE LANE- WITII TURNOUTS _ - � 7' -� Sallast 12. DraiW c i /c lures 2• Crown Lid /rains est cmres by Station. 6" 8, 8, � 8" 18, 18 Kodiak Island Borough 7Win Creek Fire Salvage Timber Sales Contract Page 29 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 228 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 229 of 400 EXIIIBIT F LAYOUT MAP/ CULVERTLIST Twin Creeks Fire - Salvage Timber Sale To be attached to signed Contract. Kodiak Island Borough Twin Creek Pire Salvage Timber Sales Contract Page 30 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 229 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 230 of 400 Recommendations of Chiniak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land in Chiniak April 6, 2016 Background At the Kodiak Island Borough Assembly (KIB) working meeting on March 31, 2016, the Assembly requested that Chiniak resident Scott Bonney obtain and consolidate the ideas and requests of Chiniak community residents with respect to the conditions that should be placed in a potential contract with A-1 Timber Consultants (A-1) to conduct a salvage logging program on the Borough's 900 acre tract of Sitka Spruce forest in Chiniak. These recommendations were developed through email responses and meetings conducted by Scott Bonney on April 3, 2016. Additionally extensive visual inspections of powerline route, residential properties affected and back country were accomplished by residents. Recommendations for contract provisions are made as much as possible in contract language to aid in porting to a contract. Residents of Chiniak have experienced or observed the significant adverse environmental and community impacts of nearly six years of a clear cut -logging program conducted by A-1 on Leisnoi Corporation Chiniak lands. They do not want to see these impacts repeated in a salvage logging of the Borough's Chiniak forestlands. As such, they wish to see rigorous but fair conditions are included in a salvage logging contract to mitigate as much as feasible potential adverse community and environmental impacts. Therefore, in addition to recommendations on specific language or needed issues to be addressed, the rationale for such is also explained. Recommendations are presented under specific topics related to logging activities. Quotations from the Alaska Forest Resources and Practices Act (AFRPA) regulations are presented in italics. A separate document will be presented regarding Chiniak resident recommendations with respect to KIB actions and role that they see as needed to implement and manage a salvage logging program. Attachment A provides the recommended contract provisions in a list without the explanatory rationale included in the main document. 1 of B Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 230 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 231 of 400 Recommendations of Chiniak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land In Chinlek April 6, 2016 Logging Road Routes and Access Recommended Contract Provision(s): 1. The Timber Harvest plan to be submitted to the Alaska Department of Natural Resources (DNR) shall include the logging road concept as shown on Figure 1, 2 and 3 of 9. Exact routing is to be determined by contractor within overall concept goals of maximizing use of existing log roads and avoiding a new highway entrance at a popular high use area. This shall include a principal logging road that exits through adjacent Leisnoi Corporation lands. Rationale: 1. This provision is intended to minimize erosion potential, disturbance to residential properties and popular recreation area, minimize live tree damage, avoid wetland drainage problems and enhance highway safety. 2. The Alaska Forest Resources and Practices Act (AFRPA) regulations (11 ACC 95.285 regarding road location requires: (1) minimize the amount of road construction; (3) where feasible, use an existing road; (6) minimize the number of stream crossings; 3. In logging the Leisnoi land, several logging roads entered the Chiniak Highway adjacent to private residential property with unnecessary disturbance to local residents. 4. Minimizing the length of logging roads and use of an existing logging road (on Leisnoi land) will reduce the amount of gravel required (and size of related borrow pits). Fees paid to Leisnoi for use of their road should be partly offset by reduced costs of new logging roads. Protection of the Kodiak Electric Association (KEA) Power Line and Related Safety Matters Recommended Contract Provision(s): 1. The contactor shall consult with the Kodiak Electric Association on protection of the power line from potential tree damage. All recommendations made by KEA shall be followed. 2. The contractor shall remove all exposed Sitka spruce trees left after clear cut logging that could strike the power line in the event of a windstorm. Such trees shall be identified, marked and removed in a timely manner. 2 of Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 231 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 232 of 400 Recommendations of Chlnlak Community Re! Contract Provisions for Potential Salvage Logging Contrail Kodiak Island Borough Land In Chiniak April 6, 2016 Rationale: 1. The DNR report on the Twin Creeks fire identified the cause of the fire as a tree outside the power line right-of-way that blew over and felled the KEA power line which in turn ignited logging waste. The fire then spread and burned trees on the Borough's Chiniak land tract. 2. Clear cut logging leaves remaining trees vulnerable to blow down. Existing trees with no clear cut to the north have not been a problem as the tree groups are accustomed to winds from the north. Impacts of winds from the south, however, on newly exposed trees are a major concern. 3. Despite requests from KEA after the August 2016 wildfire to remove at risk trees adjacent to the power line right-of-way, there were two lengthy power outages in the winter of 2015/2016 caused by windblown trees that left Chiniak residents without power for several days. Protection of Anadramous and Resident Fish Streams Recommended Contract Provision(s): 1. The contractor shall preserve a 200 -foot buffer each side of all streams including those with anadramous and resident fish (as identified by the Alaska Department of Fish and Game) as shown on Figure 1 and 3 of 9. Rationale: 1. The AFRPA regulations (11 AAC 95.900) Definitions 80)"stream" means a perennial flow of water along a defined channel, or an intermittent flow of water along a defined channel, that is significant for the protection 1. of downstream water quality. 2. Because of the significant potential of soil and vegetation mat erosion in the burned areas as a result of logging which in tum increases the risk of to fish streams from water quality impacts, a wider buffer (than on unburned lands) on each side of streams is a necessary prudent and responsible measure to increase stream protection and to minimize the potential for erosions and resulting water quality degradation. This measure is supported by Alaska Forest Resources and Practices Act Sec. 41.17.060. (5) significant adverse effects of soil erosion and mass wasting on water quality and fish habitat shall be prevented or minimized. (c) With respect to state and municipal forest land only, the following standards also apply: (5) there may not be significant impairment of the productivity of the land and water with respect to renewable resources; 3. Based on the above all streams and tributaries should be considered "Type 1-A" according the AFRPA. 3 of Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 232 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 233 of 400 Recmmunrendatlons of Chlniak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land In Chinlak April 6, 2016 Protection of Residential and Private Property from South Wind Blow Down Recommended Contract Provision(s): 1. The contractor shall provide a 400 -foot no cut wind buffer behind residential and private properties and the Chinlak library site as shown on Figures 1 and 3 of 9. Rationale: 1. Burned trees that no longer have branches and needles are less likely to blow down yet provide wind protection to nearby properties. 2. A wildfire in the early 1980's burned trees which were left standing and this appears to have worked well. The snags that remained provided habitat for wildlife and a long- term source of nutrients when the eventually and incrementally fell and new trees were established. Erosion Control Plan and Steep Slopes Recommended Contract Provision: 1. The contractor shall prepare an erosion control plan that incorporates all relevant contract provisions included herein for KIB review and approval prior to commencing work. That plan shall address, in particular, harvesting trees on steep slopes that have burned and erodible soils. 2. The southeast corner of the Borough where multiple stream channels converge shall not be logged and maintained as a preserve as shown on Figure 1 of 9. Rationale: 1. Soil erosion and related water quality degradation and impacts to anadramous and resident fish streams is a particular concern of the KIB. The scientific literature notes the vulnerability of the forest Floor to soil erosion after wildfire and the need to adopt innovative measures to mitigate this problem. 4of8 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 233 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 234 of 400 Recommendations of Chinlak Community Re: Contract Provisions for Potential Selvage Logging Contract Kodiak Island Borough Lend In Chlniak April 6, 2019 Salvage Logging and Harvest Area Limits Recommended Contract Provision: 1. The contractor shall not harvest trees outside the harvest limit boundaries show in its timber harvest plan submitted to DNR. 2. If the contractor encounters live trees in large (e.g. greater than 10,000 SF) contiguous groups that have not be damaged by wildfire, the KIB forestry project manager should be consulted on the disposition of those trees. Rationale: 1. The AFRPA provides some flexibility on timber harvest boundaries of up to 10 acres beyond plan boundaries which is allowed without filing a variation in the timber harvest plan to DNR. The KIB will not allow such flexibility— harvest boundaries shall be adhered to per the timber harvest plan submitted to DNR. Slash Pile and Timber Waste Management Recommended Contract Provision: 1. The contractor shall develop a slash management plan prior to commencing timber harvest operations for review and approval of the KIB that addresses the requirements of the AFRPA to minimize risk of wildfire. Rationale: 1. The AFRPA regulations on slash management state as follows: Alaska Forest Resources and Practices Regulations 11 AAC95.195. Clearing of spruce trees. (a) Notwithstanding the provisions of 11 AAC95.190, in order to minimize the spread of destructive forest insects and reduce the risk of wildfire, a landowner In Region I must perform one or more of the practices identified in (b) of this section if notified by the division (b) The following practices may be performed to comply with (a) of this section: (1) spruce trees or limbs greater than five Inches In diameter may be disposed ofby manufacturing into conts, lumber, house logs, chips, or firewood,• (2) spruce trees or limbs greater than five Inches In diameter may be disposed ofby burning, subject to applicable regulations; (3) downed and removed spruce trees or limbs greater than five Inches In diameter may be treated or stored In an appropriate manner, If they are not burned, manufactured, or otherwise used In a way that will prevent the spread of bark beetles; (a) spruce limbs greater than five Inches In diameter may he dried by uniform scattering In areas open to sunshine if they are not burned or chemically treated. (c) The division will, in its discretion, approve other methods for disposal or treatment of downed spruce freesia minimize the spread of bark beetles or reduce the risk of w/ldflre. (d) If notlfled by the division, o landowner must provide a slash management plan that addresses the requirements of this section. 5ofa Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 234 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 235 of 400 Recommendations of Chiniak Community Re'. Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land In Chiniak Apnl 6, 2016 11 AAC 95.900. Definitions. (75) "slash" means pieces of woody vegetative residue greater than five inches in diameter or longer than three feet in length resulting from a forest practice operation, 11 AAC 95.370. Slash. (a) In an area where slash treatment is necessary to prevent or reduce the spread of fire, an operator shall reduce the concentration ofslash by scattering, piling or windrowing, mechanized chipping, compacting, burying, or controlled burning, or other method approved by the division. 2. The DNR report on the Twin Creeks August 2015 wildfire clearly indicates the role of slash and other timber waste ("heavy fuels") as fuel in the spread of the wildfire. Schedule of Timber Harvest Operations Recommended Contract Provision(s): 1. The contractor shall consult with adjacent property owners who have homes on noise mitigation and hours of operation when timber harvest activities are planned adjacent to their property. Rationale: 1. The KIB wishes to mitigate disturbance to property owners who live adjacent to the timber harvest area. 2. Logging operations on Leisnoi lands included nighttime construction and harvesting adjacent to private property with resulting disturbance to resident home owners. Gravel Mine Site Location and Reclamation/Rehabilitation Recommended Contract Provision(s): 1. Gravel mines (borrow pits) shall be located outside the buffers indicated on Figures land 3 of 9. 2. Gravel mines shall be reclaimed/rehabilitated. Rehabilitation specifics shall be agreed upon in contract. 6of8 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 235 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 236 of 400 Recommendations of Chiniak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land In Chiniak April e, 2016 Rationale: 1. At least one gravel mine site on Leisnoi land was located on the boundary of a private property with the potential for disturbance to the property owner and negative impact to property value. Logging Traffic Restrictions Recommended Contract Provision(s): 1. The contactor shall implement minimal noise driving techniques within one half mile (linear) each side of residential areas adjacent to the highway. This shall include a prohibition on "lake breaking". Rationale: 1. This provision is intended to mitigate noise disturbance to homes of Chiniak residents located adjacent to the Chiniak Highway. During the logging of Leisnoi land, logging traffic typically commenced about 4.00 a.m. and occasionally occurred overnight with unnecessary noise disturbance to some residents. 2. Chiniak residents have reported "jake breaking" as a not uncommon along certain sections of the Chiniak Highway including Middle Bay. Environmental Permits. Compliance and Reporting Recommended Contract Provision(s): 1. All spills of fuel and other hazardous substances shall be reported and Cleaned up as required by law. The Kodiak Island Borough shall be copied on all agency spill reports. The storage and handling of fuel and other hazardous substances shall comply with Alaska Department of Environmental Conservation and applicable federal requirements relating to spill prevention. 2. The contractor shall maintain current permit coverage for log storage and transfer facilities in Woman's Bay under the Alaska Pollutant Discharge Elimination Program storm water pollution regulations applicable to such facilities. A copy of the contractor's application for permit coverage and agency confirmation of permit coverage shall be provided to the KIB. In addition, the contractor shall clearly post (if not already) at its log storage and transfer facilities notice regarding the availability of its Storm Water Pollution Prevention Plan (SWPP) as required by the APDES regulations. A copy of the SWPP shall be provided to the KIB. 7of8 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 236 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 237 of 400 Remmmendalions of Chmak Community Re: Contract Pradsions for Potential Salvage Logging Contract Kodiak Island Borough Land In Chinlak April 6 2016 3. Prior to commencing operations, the contractor shall provide information to the KIB on its waste management practices including the disposal of bark residue and related waste accumulated at its log storage and transfer facilities. 4. Copies of all other applicable environmental permit applications and permits shall be provided to the KIB. 5. The KIB shall be informed of any agency notifications of non-compliance with respect to the AFRPA and other environmental regulations and remedial actions. Rationale: 1. The KIB needs to ensure that all timber harvest operations and related activities on its land fully comply with all environmental laws and regulations and that the contractor is conducting due diligence and using best management practices related to spill prevention and to avoid pollution of KIB land. 8 of Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 237 of 400 AGENDA ITEM #12.8. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 238 of 400 Reoommendatlans of Chinlak Community Re: Conrad Provisions for Potential Salvage Logging Contmd Kodiak Island Borough Land in Chiniak April 6, 2016 ATTACHMENT A — LISTING OF RECOMMENDED SALVAGE TIMBER HARVEST CONTRACT PROVISIONS 1. The Timber Harvest plan to be submitted to the Alaska Department of Natural Resources (DNR) shall include the logging road concept shown on Figure 1 and 2 of 9. This shall include a principal logging road that exits through adjacent Leisnoi Corporation lands. 2. The contactor shall consult with the Kodiak Electric Association on protection of the power line from potential tree damage. All recommendations made by KEA shall be followed. 3. The contractor shall remove all exposed Sitka spruce trees left after clear cut logging that could strike the power line in the event of a windstorm. Such trees shall be identified, marked and removed in a timely manner. 4. The contractor shall preserve a 200 -foot buffer each side of all streams including those with anadramous and resident fish (as identified by the Alaska Department of Fish and Game) as shown on Figure 1 and 3 of 9. 5. The contractor shall provide a 400 -foot no cut wind buffer behind residential and private properties and the Chiniak library site as shown on Figures 1 and 3 of 9. 6. The contractor shall prepare an erosion control plan that incorporates all relevant contract provisions included herein for KIB review and approval prior to commencing work. That plan shall address, in particular, harvesting trees on steep slopes that have burned and erodible soils. 7. The southeast corner of the Borough where multiple stream channels converge shall not be logged and maintained as a preserve as shown on Figures 1 and 2 of 9. 8. The contractor shall not harvest trees outside the harvest limit boundaries show in its timber harvest plan submitted to DNR. 9. If the contractor encounters live trees in large (e.g. greater than 10,000 SF) contiguous groups that have not be damaged by wildfire, the KIB forestry project manager should be consulted on the disposition of those trees. 10. The contractor shall develop a slash management plan prior to commencing timber harvest operations for review and approval of the KIB that addresses the requirements of the AFRPA. 11. The contractor shall consult with adjacent property owners who have homes on noise mitigation and hours of operation when timber harvest activities are planned adjacent to their property. 1 of 2 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 238 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 239 of 400 Recommendations of Chlnlak Community Re: Contract Provisions for Potential Salvage Logging Contract Kodiak Island Borough Land In Chlnlak April e, 2016 ATTACHMENT A — LISTING OF RECOMMENDED SALVAGE TIMBER HARVEST CONTRACT PROVISIONS 12. Gravel mines (borrow pits) shall be located outside the buffers indicated on Figures 1 and 3 of 9. 13. Gravel mines shall be reclaimed/rehabilitated according to best practices. Rehabilitation plans shall be submitted to the KIB for review and approval as well as the DNR. 14. The contactor shall implement minimal noise driving techniques within one half mile (linear) each side of residential areas adjacent to the highway. This shall include a prohibition on "jake breaking". 15. All spills of fuel and other hazardous substances shall be reported and cleaned up as required by law. The Kodiak Island Borough shall be copied on all agency spill reports. The storage and handling of fuel and other hazardous substances shall comply with Alaska Department of Environmental Conservation and applicable federal requirements relating to spill prevention. 16. The contractor shall maintain current permit coverage for log storage and transfer facilities in Woman's Bay under the Alaska Pollutant Discharge Elimination Program storm water pollution regulations applicable to such facilities. A copy of the contractor's application for permit coverage and agency confirmation of permit coverage shall be provided to the KIB. In addition, the contractor shall clearly post at its log storage and transfer facilities information regarding the availability of its Storm Water Pollution Prevention Plan (SWPP) as required by the APDES regulations. A copy of the SWPP shall be provided to the KIB. 17. Prior to commencing operations, the contractor shall provide information to the KIB on its waste management practices including the disposal of bark residue and related waste accumulated at its log storage and transfer facilities. 18. Copies of all other applicable environmental permit applications and permits shall be provided to the KIB. 19. The KIB shall be informed of any agency notifications of non-compliance with respect to the AFRPA and other environmental regulations and remedial actions. 2 oft Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 239 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 240 of 400 w Z w �� caN I'm o�`o�n ' y d m y oo U c d `m Ea`wimE m °' E S a .Z' .� @ E i a y E 'm E'9 c E ..� i J z a .c B E•� y na.E m E o wa' E 0 a' I}} in m' o 0 m'Fn E m 0 a`� in'« w in c `m �c m `o a c m - 3 g m T, y O 0 m O _ C � 'n 3 E N � E � rn t C N O -. - c ..... �, a _ 3 .....,..,.. a m y a C 2 m 3 o v 2 m r m y a v L o E C LD vi y y j C E d'o� v L, E -E mE >3a E E n da d d y N C O - U U O p U oco`m rn W v t o O N ay m o N J J N `O Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 240 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvi... Page 241 of 400 0410612016 Chinlak Recommendations to Kodiak Island Borough regarding salvage logging .Highway Library site King Crab Way Out to highway on existing log roads behind Sawmill Lake and Whalebone Hill Existing bridge Borough Land property line south side NORTH Kinq Crab Way Highway Preserve area. Note Steep terrain. and multiple .. .. stream branches. l i "Maximize use of existing -'-+' log road access in Lelsnoi land to minimize log roads and gravel pits and associated erosion of the Log roads, sensitive burned organic concept North soil mat Into salmon Borough land streams. Avoid anew property line highway access road. south side 2of9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvi... Page 241 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 242 of 400 o U o a E u O L U] y m VJ N O C U L � 0 E E M 2 E m a E t E o u N I U C [0 OO Q O C Y T o p 0� I y m_ m illlj 3 O O j ❑ (0 _ t0 N � O U=R: OlN N 2 25 c m n2 O � O c> o d x t O 2 O O) c ma ri ERi E°'v' n c Q a am I = 0 c O ■ o o c EE z�I .-o =E' z q _ m �-ovpo O O H tN O m 0 �� J O 7 d �-MJ O C❑ _ e$ — E o Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 242 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 243 of 400 04/06/2016 Chlnlak Recommendations to Kodiak Island Borough regarding salvage logging Borough land erosion potential and erosion occurring 2/21/16 iLL If Salvage logging will result in considerable erosion into tributaries and salmon streams due to highly erodible soils. Maximize protection of salmon streams and tributaries. Alaska Forest Resources and Practices Regulations 11 AAC 95.900 "stream" means a perennial flow of water along a damned channel. or an intermittentflow gfwater alone a defined channel that is scant four protection 1. ofdownstream water quality. Alaska Forest Resources and Practices Act Sec. 41.17.060(5) significant adverse gffects of soil erosion and mass wasting on water quality and fish habitat shall be prevented or minimized r a L. Extreame erosion `` potenial on steep slopes is a serious concern should salvage logging occur n 4 of Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 243 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 244 of 400 04/06/2016 Chiniak Recommendations to Kodiak Island Borough regarding salvage logging Borough land erosion potential and erosion occurring 2/21/16 ' f t y Non burned J„`�-:'r '.I Burned and highly erodable y�i pt Alaska Forest Resources and Practices Regulations, 11 AAC 95.285. Road location. (1) i�n',the amount of road construction; (3) where feosible, use an existing rood; (6) minimize the number of stream crossings; -f Erosion already extreme noted in drainages during _ r 2/21/16 hike into Borough, land Y Ti I.O. Of 9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 244 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 245 of 400 04106/2016 Chlniak Recommendations to Kodiak Island Borough regarding salvage logging Tree blow down Feb 29, 2016 Bonney and Miller properties, Chiniak, AK r North Back property and clearcut edge Protect residential property tree blow down due to trees exposed from clear cut exposed to southerly winds • blowing to the north by establishing a K� �400' wind break and habitat of trees in Borough lands. 6of9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 245 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 246 of 400 04/082016 Chlnlak Remmmendatlons to Kodiak Island Borough rega�dsp salvage logging Tree blow down Feb 29, 2016 Bonney and Miller properties, Chiniak, Ax Southerly Blowing north directly off clearcut land 14 Damage to properties from clearcuty..y " up to property line damages trees newly exposed to winds from the south. s 1 7of9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 246 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 247 of 400 04/0612016 Chinlak Recommendations to Kodiak Island Borough regarding salvage logging Silver Creek Commercial Salmon fishing 2013 and 2015 Y y Tenders pumping _ direct from large ,:.Il.err r r� M Protect salmon streams by 200' each - side buffer. Do not use minimal state standards of 100' given the highly erodible burned soils. Extend 200' I: iffer up stream tributaries. 2013 had steady action from 2 to 3 seiners I i Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 247 of 400 AGENDA ITEM #12.6. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 248 of 400 04/062016 Chiniak Recommendations to Kodiak Island Borough regarding salvage logging Silver Creek Commercial Salmon fishing 2013 and 2015 Salmon massing I daily just short .,,•+mY+A!)I Silver Creek 2015 r„ Typical Stream salmon Chiniak Total exvessel value, by species, for statistical area 259 -?5 -Outs Chiniak Hey. Pink 2011 5496,994.77 2013 $512,043.40 2015 $573,717.19 Recognize the extensive and - productive salmon streams and tributaries of Chiniak Creek and Silver Creek and the high potential for erosion of the burned soil. Protect the R ti� s; ; 1 future salmon. Be conservative in stream protection. i r 9of9 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 248 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 249 of 400 Comments Regarding Chiniak Community Recommendations and Suggested Contract Provisions for the Twin Creek Salvage Timber Sale As first reference, it is fully apparent members of the Chiniak community put a good deal of thought and effort into producing recommendations to the Kodiak Island Borough regarding the proposed salvage of the Twin Creek Fire area. None of the comments below or intended to be disparaging or otherwise depreciate the time and significant effort they made. The thoughts I provide are based upon my knowledge of forest resource management in general and in particular, my 17 years of work experience administering the Alaska Forest Resources and Practices Act (AFRPA) in this geographic area. Comments about Loosing Roads and Access: Chiniak contract provision suggests following a logging road location plan as they have depicted on an associated map. 1. In accordance with AFRPA, the timber harvest operator is party responsible to provide a logging plan for State agency review. The intent is to allow the operator to establish access development that will best accomplish the project based upon his equipment and circumstances. However, numerous Regulations dictate the standards required for road development to protect surface waters, minimize forest soil erosion, etc, etc. I recommend this described process be allowed for this project and rely on the three State agencies (ADOF, ADFG and ADEC) involved to review road development plans and let them address changes as may be necessary to protect resources. 2. Chiniak comments reference the avoidance of logging road access in what is termed a "popular high use area". This is something that KIB can consider. However, any modifications to road access should be discussed with A-1 and weighted against how this change may impact the efficiency of logging operations and associated economics. 1 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 249 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 250 of 400 Comments about KEA Power Cines: Chlniak contract provision suggests that A-1 consult with the Kodiak Electric Association (KEA) and follow their recommendations. They also request that trees within striking distance of the be removed In conjunction with project operations. 1. It is prudent for A-1 to contact KEA when their operations will be working around power line Infrastructure. However, I would make this an Informal request on behalf of the landowner and I recommend against Includes this as a contract requirement. 2. The salvage sale contract will define merchantable timber and include logging these trees within the timber harvest boundary. It is considered that trees adjacent to power lines within the project area will meet merchantability standards and be removed through the course of harvest operations. No further provision appears necessary for merchantable timber near power lines. However, and with further reference to the above discussion, It should be recommended that A-1 personnel exhibit heightened awareness for potential danger while logging near charged power lines. Scrutiny should be given to the safe felling of trees. Trees with apparent difficulty for felling should be marked and KEA requested to address the downing of these stems. Comments about protection of Fish Streams: Chlniak contract provision suggests a 200 -foot buffer be established along each bank of anadromous and resident fish streams. 1. With regards to this subject matter, It is Important to note that while the lands near fish bearing streams may be owned by KIB, Alaska Statute (As 41.17.116) requires the retention of trees in a defined riparian area for benefit of fish habitat. 2. The 2015 fire event created what might be termed as a "thermal clearcut" In close proximity to fish streams. Trees near streams will start to fall down In about 5 years and the stands will almost totally unravel within about 15 years. While an abundance of large debris will be beneficial to fish habitat In the short term, this material will be depleted overtime. And by comparison, natural reforestation of the stream side areas will likely take between 50 and 100 years to reestablish. The summation is that fish habitat quality will be diminished for 2 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 250 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 251 of 400 an extended period time. Correspondingly, the productivity of these stream to produce fish abundance will be compromised. 3. As stark contradiction to Chiniak thoughts, I strongly encourage KIB to take an active role in managing the stream side areas in order mitigate long-term impacts and restore fish habitat attributes that were destroyed by the fire. The process for such action is addressed in AFRPA is called a "Variation from Requirements". As first step, A-1 and KIB must generate a proposal for a variation action in the riparian management zones. The development of this variation needs to fully address site specific conditions and take into account mitigation of short term water quality impacts while at the same time creating site disturbance sufficient to plant trees seedlings and regenerate habitat quality. From that point, it is up to three State agencies to evaluate the proposal and agree, disagree or modify the plan. Comments about Private Property and Windthrow: Chiniak contract provision suggests the establishment of a 400 -foot harvest restriction buffer adjacent to private lands and the Chiniak library. 1. The "Silvics of North America" publication indicates that windthrow is the most common destructive agent for Sitka spruce. It is not uncommon to occasionally see individual trees uprooted in Sitka spruce forests. And occasionally, more significant impacts are found. The most recent in south central Alaska I am aware of is an approximate 800 acre patch of blowdown trees near Port Graham that occurred a couple years ago. The point of reference is that some tree blow down may likely occur with or without the recommended buffer. 2. The Chiniak comments has reference to trees that do not have a fully canopy because of fire consumption and are thereby less likely to fall from winds. It should be noted that natural fungus growth and insects make use of the dead tree material. These are the agents that weaken tree fiber and enhance tree topple. 3. The comment Information has reference to an apparent 1980's local fire in which trees remain standing for a long period. My experience relies heavily on a 1996 fire on Afognak Island that burned 1,200 acres. About M to 1/3 of this fire was in standing spruce. Not one individual burned tree in this area can be observed as 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 251 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw,... Page 252 of 400 standing today, 20 years later. As previously mentioned, I expect burned trees to begin falling within 5 years with most on the ground In about 15 years. 4. As conclusion, such a buffer area will begin to compromised in a few years and will not serve Its Intended purpose. And In relation to the proposed salvage sale, the economics of leaving this buffer should be considered. And lastly, reforestation of this area will not be achieved in the near-term If a buffer is left in place. Comments about Erosion Control and Slopes: Chiniak contract provision suggest that A-1 develop an "Erosion Control Plan" and that operations be avoided In the southeast portion of the burn area. 1. AFRPA has a series of Regulation standards which address protection of water quality and surface material erosion. These are referred to as 'best management practices" and have been the Alaska requirement for the past 13 years. These standards have a good proven track record. Additional erosion planning does not seem warranted for this area. And as final mention, it may be Informational to note that if the contractor does not meet AFRPA requirements for erosion control, he is subject to a $10,000 fine each day he is in dereliction of standards. 2. The Chlnlak Information Includes a series of photos depicting fire Impacts to surface vegetation and suggestion that logging operations on these sites will correspondingly create significant soil erosion. As first means to evaluate this problem potential, I researched fire danger rating system "indite values" for Kodiak on the date of the Twin Creek fire event. At that time period, the Kodiak area "duff moisture code" (roots and humus near the ground surface) was 24.9 which is a low rating. In other words, this material had comparative high moisture levels which would minimize significant fuel consumption. The "drought code" for Kodiak was also fairly low suggesting the fire only burned surface material but not deep Into the organic mat. In other words, an enhanced risk of surface erosion is not expected In the project area. And should Issues be discovered, A-1 will be required to perform within AFRPA logging practice standards to minimize erosion. 3. With regards to the southeast portion of the planned harvest area, It can be related that "shovel" excavator logging equipment can usually work up to 20% slope angle with limited erosion problems. With respect to this steeper ground, while this area might be Included In the harvest plan, site specific conditions will 4 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw,... Page 252 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 253 of 400 need to be further evaluated to determine the potential for operations success. As mentioned above, A-1 will have to follow best management practices which will require mitigation measures to minimize significant soil erosion. And if this cannot be successfully accomplished, then other logging methods will need to be considered or perhaps deleting this area from project operations. Comments about Harvest area and Slash Management: Chiniak contract provision suggests a harvest boundary which Is depicted on a map they provided be given to DNR and used as basis for project operations. They also have a subsequent provision discussing slash management and waste material. 1. A map produced by A-1 depicts planned logging of almost all fire impacted trees on KIB land in this area. This map is tentative nature and subject to final discussions and agreements between A-1 and KIB. The final project map will be submitted as part of the Detailed Plan of Operations given to the state for review under AFRPA. As summation, KIB should consider the Chiniak map but rely on all information available and professional judgement in determining what is best for the KIB public as a whole. 2. Chiniak recommends that enclaves or islands of trees not seriously impacted by fire be retained from logging. To this end, KIB is considering contract provisions of this substance along with protecting smaller individual trees not overly harmed by fire. 3. Chiniak recommends that A-1 produce a slash management plan for consideration. Rather than a plan reference, KIB is considering contract provisions that will address slash material along with treatment of cull and unmerchantable log pieces that accumulate at log landing sites. Comments about Timber Harvesting Schedule and Loaning Traffic Restrictions: Chiniak contract provision suggests that A-1 consult with adjacent property residents regarding noise levels and hours of logging operations. They also address driving techniques and the use of "jake breaking" 1. This proposal is seemingly the "neighborly" thing to do and has merit in concept. However, any contract provision in this regard needs to take into the account the 5 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 253 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 254 of 400 work progression and daily project flow needed by A-1 in order to achieve a successful production output level. 2. Similar to the above discussion, limiting use ofjake breaking to reduce truck speeds might be a neighborly thing to consider. Such delineations will be better addressed on an informal basis rather than by contract language. Comments about Gravel Pit Sites and Reclamation: Chiniak contract provision suggests locations standards for gravel sites along with reclamation requirements. 1. AFRPA has Regulation standards for the development and use of material sites to protect water quality and fish habitat. These standards are adequate for this project and further contract standards is not required for this purpose. 2. The future of constructed logging roads and plans to keep the roads open for long-term public use or to close access after conclusion of reforestation efforts is currently under staff review. In plans call for road closure, correspondingly, it is a good practice to close associated gravel material sites. For roads intended to remain open, evaluation should be conducted to identify the number and location of pits on each stretch of road access. It will be beneficial to leave one or more gravel sites open for long term road maintenance requirements. Comments about Environmental Permits and Compliance: Chiniak contract provision suggests inclusion of language to address items such as fuel spills and hazardous substances. They also discuss provisions for A-1 operations at their log storage an transfer facility. 1. DEC has a set of Regulations that address the handling and storage of fuels, lubricants and other hazardous materials. Putting any such language into the KIB timber contract will only serve as duplication of current State requirements and does not outwardly appear to change or otherwise improve project activity performance. 6 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 254 of 400 AGENDA ITEM #12.B. 2. Chinlak suggestions for the log transfer site relate to federal programs that are outside the scope of a logging contract and are at another location away from the planned KIB salvage area. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 255 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 256 of 400 Recommendations of Chiniak Community Re: The Kodiak Island Borough Role and Actions in the Management of Potential Salvage Logging Contract Kodiak Island Borough Land in Chiniak April 8, 2016 Background At the Kodiak Island Borough Assembly (KIB) working meeting on March 31, 2016, the Assembly requested that Chiniak resident Scott Bonney obtain and consolidate the Ideas and requests of Chiniak community residents with respect to the conditions that should be placed In a potential contract with A-1 Timber Consultants (A-1) to conduct a salvage logging program on the Borough's 900 acre tract of Sitka Spruce forest in Chiniak. The recommendations in this document pertain to recommendations and Ideas of the Chiniak Community with respect to the KIB's management of a potential salvage timber harvest contract with A-1 Timber Consultants (A-1). Community recommendations on specific contract provisions are presented In a separate document. KIB Project Manager for Timber Harvest Contract The community feels strongly that the KIB should provide adequate resources to fund a contract timber harvest (forestry) subject matter expert (SME) to conduct oversight and field compliance of the salvage logging. Two field visits as suggested by one assembly member are clearly Inadequate given the potential revenues to the KIB, the need to mitigate environmental and community impacts as detailed under separate comments and the likely 6-9 month schedule of logging operations. At a minimum bi-monthly field Inspections should be conducted. The SME would also advise the KIB on various plans (e.g. erosion control, slash management etc.) that the logging contractor needs to prepare and Implement per the AFRPA and community recommendations. The contract scope provided in the March 31 packet lacks specifics about what will be Inspected and what would be In reports to the KIB and review of other related document. Suggestions for inclusion in the contractor's scope of work follow (in Italics): The contractor shall review and advise the KIB on the adequacy on the timber harvest plan to be submitted to the Division of Forestry Including various plans required by the AFRPA and KIB contract provisions (e.g. erosion control, slash management etc.). The contractor shall conduct field Inspections of the timber harvest operations in Chiniak. These shall include: - review of logging contractor compliance with Its Division of Forestry Timber Harvest Plan and Alaska Forest Resources and Practices Act - review of logging contractor compliance with specific provisions its contract with the Kodiak Island Borough pg. 1 of 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 256 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 257 of 400 Recommendations of Chiniak Community Re. The Kodiak Island Borough Role and Actions in the Management of Potential Salvage Logging Contract Kodiak Island Borough Land in Chiniak April 2016 . review oflogging contractor compliance with specific provisions its contract with the Kodiak Island Borough - review of logging contractor compliance with environmental permits (e.g. ADF&G Title 16) The contractor shall prepare a report or the results of each field inspection. Those reports shall include: - compliance with the above noted plans, KIB contract and permits - recommendations for any required remedial actions or adjustments in timber harvest plans based on the results of the field Inspections and any environmental concerns and community issues raised related to forestry practices The contractor shall assist the KIB, as requested by the KIB, In responding to citizen complaints or concerns about the conduct of timber harvesting (related to forestry Issues) that are conveyed using the KIB project web site" Public Review of Contactor's Timber Harvest Plants) The community of Chlnlak requests that prior to submittal to DNR, a draft of the contractor's Timber Harvest Plan should be provided to Mr. Scott Bonney for a brief community review (3-5 days). The community's comments would be consolidated by Mr. Bonney and provided to the KIB for discussion with the contractor. Complaint Handling Process The KIB needs to develop and Implement an efficient process to handle any community complaints about the conduct of the salvage logging program. We suggest that the KIB do this using a project web site through which residents can submit complaints or concerns which can be posted. The KIB should Identify on the web site a single point of contact for follow up and resolution of complaints. Dust Control on the Chiniak Highway The heavy logging traffic related to the logging program on Leisnol lands has led to dust Impact problems even though Alaska DOTPF has done limited summer time applications of a dust palliative. The KIB needs to work with the contractor and DOTPF to have dust control treatment at residential properties fronting gravel roads used by logging traffic. Past experience has shown an Initial early summer requires a mid -summer application to continue dust control through the dry months. Reforestation Although the Alaska Forest Resources and Practices Act (AFRPA) provides an exemption for reforestation of forests damaged by wildfire, we strongly believe that replanting should be conducted given the size of the area, proximity to the public and need to restore valuable habitat. Reforestation through planting of seedlings will provide many benefits Including to water quality (filtration and erosion control) related to pg. 2 of 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 257 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 258 of 400 Recommendations of Chiniak Community Re The Kodiak Island Borough Role and Actions in the Management of Potential Salvage Logging Contract Kodiak Island Borough Land in Chiniak April 6. 2016 minimizing surface water runoff, provision of fish and wildlife habitat, and cleansing of the air. The KIB needs to put aside adequate funds from the revenues received from the salvage logging for this reforestation probably on the order of $300,000. Lessons learned from past reforestation efforts on Leisnoi lands need to be applied. Finally, the community is adamantly opposed to the application of glyphosate or other systemic herbicide In the reforestation efforts. Safety, Security and Long Term Management The KIB needs to develop a strategy and plan to ensure long-term public safety and management of the 900 acres as the habitat recovers from damage of the wildfire and salvage logging. Public access and potential alternate uses such as agriculture needs will have to be balanced with this recovery process and alternative land uses. The KIB should initiate a revision of the comprehensive plan for Chiniak as the present plan is totally irrelevant. Revising the comprehensive plan for Chiniak will provide a springboard to working with the community and other interested parties such as lands committee, parks and recreation committee and trails committee. pg. 3 of 3 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betvv... Page 258 of 400 AGENDA 7£m Aza Contract No. FY2016-45 - A Salvage Timber Sale Contract &w. Page 59of40 `| ^\ _ E0 _e6({�)\ kf Ef[§!(2 , i {#MM.T 0 �k) � ^is /§k : \]t: E ® w;®§ , 00 &:m2 . . ! §_ ■{)k'�®! —§t/ 2. MM O=M2 ;a,.*0 OM ; \)\k,E ! ML \(\0k/\{. ) &:t3k,=� Contract No. FY2016-45 - A Salvage Timber Sale Contract &w. Page 59of40 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 260 of 400 Consultant Memo To: Duane Dvorak, Resource Mgt. Office From: [Yo.,r Name] Date: April 11, 2016 Re: Reforestation of the Twin Creek Burn You asked that I produce information about reforestation for the Kodiak Island Borough land that was impacted by the 2015 Twin Creek Fire and which is now being considered for timber salvage logging operations. ['lease find attached is a "White Paper" entitled "Forest Regeneration of the Twin Creek Burn —Timber Salvage Area." This paperexplores the trajectory of forest reestablishment of the land if lell to natural regeneration as well as information about artificial reforestation using commercial grown seedlings. I also discuss the major components that will be necessary for a successful reforestation program. Lastly, you asked that I provide thoughts about some of the "pros and cons" if the reforestation responsibility is assigned by contract to the prospective limber salvage company compared to being conducted by the Kodiak Island Borough. please let me know if you have questions or need more details about reforestation of the fire impacted area. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 260 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 261 of 400 Wahrenbrock Forestry Consultant 36720 True Fir Circle Soldotna, Alaska 99669 ri trnr, .Ahs An Pnrc,tr} F:q,criencc The discussion below is prepared as a "White Paper" intended to inform officials and the public in general about matters relating to reforestation of the 2015 Twin Creek burn area located near Chiniak, Alaska. Forest Regeneration of the Twin Creek Burn — Timber Salvage Area: Decision Points and Items of Corrsideratiorn There are two alternative methods commonly considered for forest regeneration. One method is "natural regeneration", whereby seed bearing trees are relied upon to disperse viable seed over the intended area and these seeds will subsequently find receptive microsites to germinate and grow. The second method is "artificial regeneration," whereby tree seedlings are planted. While transplanting of"wildling" tree stock has been utilized for small projects, almost all (99%+) of artificial reforestation in Alaska is achieved using tree seedlings produced at commercial nurseries. The Case for "Natural Regeneration" 1. Silvics of North America is an authoritative source for tree species information. For Sitka spruce, this publication indicates that trees start producing cones between 20 and 40 years of age. In Alaska, Sitka spruce is reported to produce good cone crops every 5 to 8 years. While seed dispersal of up to 1/2 mile has been measured from ridge top trees, a more common seed dispersal distance is 100 feet from tree edge. t Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 261 of 400 AGENDA ITEM #92.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 262 of 400 2. Given the circumstance of recent timber harvest on neighboring Lesnoi lands and along with the 2015 Twin Creek Fire event itself, the presence of healthy spruce trees capable of producing and dispersing seed material in the planned salvage harvest area is marginal, at best. 3. There are healthy forest areas unaffected by fire on the northern perimeter. Enclaves or small pockets of trees mostly unaffected by thermal degradation are located within the burn area. However, the benefit of these trees in relation to seed dispersal distance as outlined above will not bode well for replacing trees in the affected area. In conclusion, based upon my knowledge and experience, I expect natural regeneration of this site will eventually be successful. However, the process of forest regrowth will take time for trees to develop and produce viable seed, will be staggered in progression and require an extended time frame. My "best guess" is that it will take between 60 and 100 years to fully replenish trees in the burn area by natural reforestation alone. As context, if KIB has interest in actively managing this land for forest resource production, a timber stand with sawlog products having a rough value of $16 to $20 million can be achieved in a similar timeframe. Substantial benefit and arguments can also be made for restoration of salmon habitat, increased value for recreation, etc. The Case for "Artificial Reforestation" 1. The process of planting commercially grown tree seedlings has a high probability of success in reestablishing trees on the landscape in a relatively short time period. With properly grown and planted seedlings, a tree survival of 90%- 95% should be expected. Although, it should be acknowledged that the Chiniak area has recent history of herbivore (hares and voles) impact on tree seedlings and this should be taken into account with any reforestation plan. 2. In general, the strategy of planting tree seedlings within a short time period (lyr) atter timber harvest has benefit. And this benefit can be substantial based upon site specific competition by grass and salmonberry. The mechanical ground disturbance created during logging operations often creates good microsites for tree planting location and seedling development. 3. Artificial reforestation provides opportunity for the landowner to consider introduction of other genetic qualities within the same family/species of trees that are planted. While "mother -nature knows best" is a common mindset, USFS research started in the 1970's on Afognak Island identifies that spruce from Juneau seed sources grow about 15% larger in size compared to local spruce in the same time period. Spruce provenance trial research by the Afognak Native Corporation suggests even better results with different seed 2 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 262 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 263 of 400 source locations. And lastly, Alaska Division of Forestry recently concluded a scientific panel review in their process of updating forest regeneration standards for Alaska. Their consensus is to consider tree seeds from a wider range of latitude location as a provision to address changing temperature regimes for the earth's climate. 4. If tree planting is a desired means of forest regeneration, then other tree species can be considered for planting. This may include other species found on Kodiak but not present in this particular area, such as black cottonwood. This species is generally fire resistant and may likely have greater benefit for anadromous fish habitat. In conclusion, the planting of nursery produced tree seedlings is the only apparent and reliable strategy for successful establishment of a new forest in the bum impacted area, and within a relatively short time frame—less than many decades otherwise. Commmr Elements ofa Successful Reforestation Program 1. As a first step for artificial reforestation, a source of tree seed is necessary. Assuming KIB does not have a tree seed bank available, the task becomes a search for possible seed acquisition sources and a plan produced for what species and seed material will be adaptable to site conditions. 2.. Presuming viable seed material is acquired, the next principal step is to plan a timeline for reforestation actions. And with this, the timing of soliciting bids for commercial nursery tree seedling production is important. Using a tentative tree planting schedule of fall season 2017, it is prudent to proceed with nursery bids no later than October 2016. If waiting until November or December for this purpose, it is quite possible that available nursery growing space will already be fully obligated. In order for a nursery to produce a fall 2017 delivery, they will need to start preparing seed material and sow in late January or February, 2017. 3. Another important component for the successful survival of planted seedlings is evaluation, and as may be necessary, scarification operations to create favorable microsites relatively free of competing vegetation. Experience indicates planting trees soon after logging operations are conducted is successful without any further mechanical disturbance of surface vegetation. However, if sites are already dominated by native blue joint grass or heavy salmonberry growth, then further work will be required in order to yield a successful reforestation effort. If a scarification project is necessary, this will require development of plans and timing, creation of scope work information, and then, a competitive bidding process, etc. Lastly, monitoring of planted growing stock is wise. Usually 3 Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 263 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 264 of 400 scarification is adequate to depress vegetative competition for the time needed for trees to achieve "free growth" size. On occasion, however, post -planting maintenance operations to reduce competition with "spot treatment' around trees using herbicide material approved by EPA for this purpose (such as glyphosate) is an important consideration to retain good survival rates, perpetuate seedling growth and prevent the economic impact of further tree replanting costs. 4. The last major project is the tree planting operation itself. The tree planting is normally performed by private companies in this line of work. This is a specialty service with only a few companies available for contracting. A reforestation program takes an administrative effort to prepare bid and scope of work details. Once a contractor is identified and mobilized with coordination of the seedling delivery date, the work should not take long to complete. Probably around 1-2 weeks. During this time period, KIB should expect to have onsite supervision to ensure correct tree planting density along with quality control of seedling planting standards. A -I or KIB? --- Which Party Should Conduct the Reforestation Effort? There are potential benefits and tradeoffs for each of these entities having the primary responsibility for completing the reforestation of the salvage timber harvest land. Items will be addressed in the following topical discussions. It may become apparent, however, at a later time that other factors should be added to this dialogue. 1. The logging operations will generate road access to within close proximity of all of the harvest area. The question comes into consideration if KIB desires/intends to leave the logging roads open or closed with respect to State AFRPA standards after logging. Associated with this question is the fact that some access onto KIB lands will be derived through the adjoining native road systems. Dependent of how these questions are resolved, it may well be an advantage for A-1 to conduct the reforestation operation. After tree planting is concluded, A-1 can then close out roads as necessary to meet contract intent and with presumption that long term road access through Leisnoi lands is not a preferred option. For this discussion, it is important to realize that road closure in advance of tree planting operations will create longer distances for tree planter movements between planting sites and their cache of tree seedling stocking. This has the potential of raising tree planting costs substantially. 2. If it proves to be the case that site preparation will be necessary to develop favorable tree planting microsites, then A-1 will have an advantage. Some of the same equipment used for logging operations will likely be capable of performing 4 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 264 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 265 of 400 the surface disturbance. This equipment will be onsite and not require further mobilization and project support for fueling, maintenance, etc. 3. In the event A-1 is selected as the primary reforestation entity, then KIB will be required in the near term to generate an addendum to the timber sale contract that establishes standards, dates and prescriptive deliverables in order to realize a successful outcome. It is not discounted contract negotiations for this purpose can he reopened at a later time. But it is considered an advantage for KIB to take the time necessary to investigate the options of tree seed sources that may be available and otherwise generate a reforestation plan with a longer period of deliberation. 4. It may be perceived as a matter of public viewpoint or opinion, that KIB as the landowner, should be "in control' and have direct responsibility for achieving regeneration of the fire impacted area. Not speaking to the merits of belief, but study of social viewpoints suggest a period of bereavement is common after major fire or insect infestation by individuals and communities closely interconnected with the neighboring forest environment. Concurrently, low "score cards" are often given to the companies that salvage these nearby dead trees. 5. The major components and aspects of forest regeneration are outlined above, but there are a great many more details involved. An advantage to KIB is to assign reforestation responsibility to A-1 as a contract requirement. Thereby, this will defer most additional staff work load for reforestation onto the Purchaser. Associated with this consideration, typically the process for acquiring services and materials is a more detailed or onerous task when comparing private companies and government. As example, a private company can produce a scope of work, bid this out and produce contract agreements in a few day period. Government oversight typically requires more time and a layered departmental process at each procurement step. Purchases in the $50,000 or $100,000 range often require more scrutiny and authorization review. 5 Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 265 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 266 of 400 Hi Duane I have some "talking points" regarding proposed forest stewardship In the Twin Creeks burn area owned by KIB. What are the expected projected Impacts and conditions If no action is taken? Twin Creek Burn — No Mgt. Action -- Expected Vegetative Evolution: • If no action is taken to salvage burned timber resource in the near term, this will mean a decision to forego fiscal value of timber resource. • Microorganisms and fungus material will quickly occupy fire -killed trees along with a group of wood -boring Insects. These agents will weaken tree structure material. • In about 5 years, the forest stand will start to unravel and within about 15 years, It is expected that 70% to 90% of the standing dead trees will be on the ground or "jack- strawed". • Decomposition of wood fiber Into humus and soil material occurs fastest with dawned trees in direct contact with the ground. Rates of decomposition will be roughly 2-4 percent of tree diameter per year. Aerial suspended trees will decompose around 1-2 percent of basal size each year. • Given the recent history of logging adjacent to KIB land and fire Intensity level which killed 90% of the forest stand, there will be scant/deficient amounts of spruce tree seed available to achieve natural reforestation In burn area. • Natures process of tree regeneration in the burn area will happen in small enclaves and will take around 60 to 100 years to fully reforest the fire scar. • It is expected that grasses (Calamagrostis canadensis) and salmon berry will dominate surface vegetation after dead trees unravel in the area. • For a period of about 20.30 years, traversing this area by critters with long legs, such as humans, bears and deer will be a challenge because of dawned and elevated decadent tree material. • Anadromous fish streams located In the area will at first benefit from the rapid accumulation of large woody debris Input Into streams and an associated Increase in micro -Invertebrate populations. • Over time and as wood fiber depletes In salmon rearing areas, a long term reduction In habitat quality is expected with reduced fish population production. The actual result In fish benefit will be a "bell curve" shape. But for purpose of numbers and as rough estimate, starting in a time period of about 20 —30 years from present, fish rearing populations In these stream sections will be reduced by about 20-40 percent for about for around 60 to 80 years. I have several more questions and Input with regards to road development for this project and right of way agreements, etc. Best Regards, Wade Wahrenbrock Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 266 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 267 of 400 STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUMMARY Notice is given to the commissioner that an operation will be conducted on the lands described below and the completed maps attached, (AS 41.17.090). (Print or type) Operator: A-1 Timber Consultant Inc (Entity Responsible for Field Operations) Operator's authorized representative: Tom Loushin, President (Contact Person) Operator's authorized representative signature: (DATE) Operator's representative address: 7205 west Rezanof Drive, PO Box 825 Kodiak Alaska 99615 City State Zip Code LEGAL DESCRIPTION OF OPERATING AREA 29 North Township: 30 NorthRange: la west Meridian: Seward Section(s): 31 and 32, 5 and 6 NEAREST TOWN/ VILLAGE: City of Kodiak ESTIMATED STARTING DATE: May 1, 2016 ESTIMATED COMPLETION DATE: December 31, 2016 VOLUME TO BE HARVESTED: 17,300. 00 (estimate) MBF TYPE OF ACTIVITY: Timber Harvesting and Associated Road Construction. Form 10-I1-34 (Rev. 06 0106) Date Received: DPO k Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 267 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 268 of 400 STATE OF ALASKA DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY NOTICE OF OPER.-(TIONS DETAILED PLAN OF OPERATIONS Operation name: Twin Creek Fire Salvage Sale (TCFSS) Name Of nearest USGS named geographical landmark: Chiniak Point (USGs ouad Kodiak C-1) Previously assigned DPO #: N/A Operator: A-1 Timber Consultants Inc (Entity Responsible for Field Operations) Print authorized representative's name: Tom Loushin, President Authorized representative's signature: Address: 7205 West Rezanof Drive, Kodiak, Alaska 99615 Telephone: 1907) 486-8733 Fax: (907) 487-1936 E-mail: tom@altimber.net Timberowner: Kodiak Island Borough / A-1 Timber Consultants Inc Print authorized representative's name: Authorized representative's signature: Address: Telephone: Far E-mail: Landowner: Kodiak Island Borough Print authorized representative's name: Bill Roberts,Acting Kodiak Island Borough Manager Authorized representative's signature: Address: 710 Mill Bay Road, Kodiak, Alaska 99615-6398 Telephone: (907)486-9300 Fax: (907)486-9396 E-mail: brobertsokodiakak.us INFORMATION ON CORPORATION, LIMITED PARTNERSHIPS, GENERAL PARTNERSHIPS, OR JOINT VENTURES Information has been previously submitted to the Division of Forestry and there have been no changes in any of the business relationships or key personnel. Is this statement true? [X] Yes [ ] No If"no", complete and submit Page(s) I and 2 of Supplemental Information Form "A". Official Use On MOION/ARBA: 30 DAY EMNGDATE RECEIVED BY. 2 Farm ILL!/-34(Rev 0601.06) Dare Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 268 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 269 of 400 NOTICE OF OPERATIONS qWDETAILED PLAN OF OPERATIONS MAP SPECIFICATIONS Attach a USGS quadrangle or similar Vicinity Man, at a 1:63,360 scale (1 inch =1 mile) suitable for black and white duplication on 8'h"xl 1" paper which clearly shows the area of operations, a north arrow and if available, the legal subdivisions defining the area. In addition to the above Vicinity Map, the items listed below are required to be identified on a Detailed Plan of Operations Man (11 AAC 95.220(a)(3)). The plan map should have the following areas identified or estimated if conditions exist that might influence their final location. If any of the items are missing without adequate explanation, this notification will be considered incomplete. The 30 -day review period will not begin until this DPO is submitted in a complete form. The detailed map of operations should be readily reproducible in black and white in a standard size format. However, large formats or colored maps we acceptable if needed for clarity. If more than one sheet is required to adequately show operations, provide matchlines or reference each as a set of drawings i.e. Sheet Iof 4, etc. Submit four (4) copies of your operation plan map. Adequately label notable topographic features on each map ( i.e. water bodies, etc.). Does your aneratian man identify the following items? If "no" explain why. Yes No Explanation /notes Road Types Permanent [X] [ ] Identified on Maps Temporary [X] [ ] Identified on Maps Winter road [ ] [X] N/A Roads to be closed fX] [ ] Identified on Maps Inactive roads [ ] [X] None proposed Material extraction sites [X] [ ] Identified on Maps End -haul sites and spoil deposit areas [ ] [X] None proposed Areas of unstable soil conditions [ ] [X] None observed Unit boundaries [X] [ ] Identified on Maps Yarding methods and landing areas [X] [ ] Identified on Maps Classified surface water locations [X] [ ] All known Stream crossings and drainage structures [X] [ ] Identified on Maps Proposed activities in riparian areas [X] [ ] Identified on Maps Sort yard and solid waste sites [X] [ ] Sort Yard Ss on record. Municipal landfill Log transfer or barge facility [X] [ ] on record Housing facilities, fuel storage f ] [X] N/A Section, township and meridian lines [x] [ ] Identified on Maps North arrow, scale bar, plan date [X] [ ] Identified on Maps 3 Fenn 10-4/-34 (Rau 06 0106) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 269 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 270 of 400 DETAILED PLAN OF OPERATIONS qW HARVEST & SILVICULTURAL ACTIVITY SUMMARY SHEET Complete the following summary of harvest units and silvicultural actions submitted areas. -see attached table. - for all Unit Label Acres Type of Activity* n worn TOTAL ACRES: 729.0 (If more than one kind of activity, list totals by activity.) * i.e. harvest, thinning, planting, etc. Form 10.41-34 (Ren 0601,06) 4 Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 270 of 400 AGENDA ITEM #12.8. Detailed Plan of Operations Harvest Unit & Silviculture Activity Summary Sheet Twin Creek Fire Salvage Sale Unit—Num Acres Activlry_Type Section(s) TNP RING Actual Layout KB -01 77.0 Salvage Harvest and Reforestation 31 & 32/ 5 & 6 29 5/ 30 S 18W No KB -02 336.0 Salvage Harvest and Reforestation 31/06 29S/305 18W No KB -03 8.0 Salvage Harvest and Reforestation 31/06 29S/305 18W No KB -04 308.0 Salvage Harvest and Reforestation 586 305 18W No Total: 729.0 Salvage Harvest an Reforestation Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 271 of 400 AGENDA ITEM #92.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 272 of 400 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS HARVEST & SILVICULTURAL CHARACTERISTICS If the silvicultural activities in multiple units share a similar location, topographic characteristics and management treatments, list them on this page as agroup. If the characteristics of the units are different, list each unit on a separate page. Attach additional detail pages as necessary to describe the activity. The following information should adequately describe the activity's potential to effect resources deemed important to the State in the Alaska Forest Resources and Practices Act and Regulations. UNIT IDENTIFICATION(S): All Unite (xa-ol, xa-oz, KB -03 & tm-oa) Which of the following best describes the unit's topography? [x] Relatively Flat [ ] Uniform Hillside [x] Irregular or Complex Slopes What percent of the unit occupies slopes greater than 67a/o? of TYPE OF ACTIVITY: [ ] Clearcut [ ] Partial Cut [x] Salvage [ ] Other (Specify) [ ] Precommercial Thinning [ ] Chemical Application [ ] Commercial Thinning CUTTING METIIODS: [x] Chainsaw [x] Feller-6uncher t ] Whale Tree Processor [ ] Other YARDING METHODS: [x] Cable Yarding Type: [x] High Lead [ ] Skyline [ ] Other [x] Ground Skidding Type: [ ] Crawler Tractor [ ] Rubber Tired Skidder [x] Shovel Will forwarders or other off-road methods be used? [ ]YES [x] NO [ ] Helicopter [ ] Other(Specify) Will the activity be done by the: [x] operator [ ] operator's contractor If"contractor", has the contractor been copied this plan of operations? [ ]YES [ ] NO Name of contractor: List the roads or other means required for the access and removal of this timber from the landowner's property. Chiniak Highway, existing roads and new construction as shown an the attached Harvest plan Maps. 5 Fara 10 1-34 (Rev. 06,01 U6) Dale Received; DPO N Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 272 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 273 of 400 N /11 W `y N N U W N L A O ry r II Ol J xx a Y 'J I d tia t d o v 1 m-� I O.a�4 Ily.Bl .. H / 1 I I C? m o0 V m \ v DIN 9 � F ca ^`CO O Q% N KIBb ate'. CM ccU _ Y A Y cn a m cc Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 273 of 400 AGENDA ITEM #12.B. D DETAILED PLAN OF OPERATIONS ROAD ACTIVITY SUMMARV SIIEET Complete the following summary of road actions for all submitted areas. *See Attached Table.* Road Label Road Miles Type of Activity Units Along Road ^ a O Ao.t V°; N TOTAL MILES OF NEW CONSTRUCTION: s. s • i.e. new construction, closure, reconstruction, etc. Po,. 1(}41-34 (R,r 06 01 06) Date Received.. DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 274 of 400 AGENDA ITEM #12.B. New Road Construction Details for Twin Creek Fire Salvage Sale Name Miles Activity_Type Section(s) TWP RING Actual Layout? Unit KIB-ML 1.5 New Constructlon 58,6 305 18W No KB -04 KIB-ML 1.3 New Construction 31/6 295/305 Saw No KB -02 KIB-A 0.7 New Construction 6 305 law No KB -02 KIB-A 0.4 New Construction 31&32 295/305 law No KB -01 KIB-B 0.7 New Construction 6 30S Saw No KB -02 KIS-C 0.6 New Construction 6 305 law No KB -02 KIB-0 0.3 New Construction 5 30S law No KB -04 KIB-a 0.1 New Construction 6 305 law No KS -02 KIB-b 0.2 New Construction 6 305 law No KB -02 NIB -c 0.1 New Construction 6 305 law No KB -04 KIB-d 0.1 New Construction 6 305 law No KB -04 KIB-e 0.4 New Construction 6 305 law No KB -04 KIB-f 0.1 New Construction 36 295 19W No KB -03 KIB-g 0.1 New Construction 5 305 law No KB -04 Total! 65 New Construction Unit 2012.36 spur 0.7 Existing Road 36 295 19W Yes Ka -03 Unit 2012-35 spur 0.4 Existing Road 32/5 29S/30S law Yes KB -04 Chinlak Highway 35.0 Existing Road N/A N/A N/A Yes All Units Total: 36.1 Existing Road Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 275 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 276 of 400 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS ROAD CHARACTERISTICS If the road activities share a similar location and topographic characteristics, list them on this page as a group. If the characteristics of the roads are different, list each road on a separate page. Attach additional detail pages as necessary to describe the activity. The following information should adequately describe the activity's potential to effect resources deemed important to the State in the Alaska Forest Resources and Practices Act and Regulations. ROAD IDENTIFICATION(S): All new constructed roads as indicted in the attached New Road Construction Details. [x] New Construction [ ] Reconstruction [ ] Closure ROAD CONSTRUCTION DETAILS: METHOD: [x] Modified natural sub -grade with rock fill overlay. [ ] Modified natural sub -grade with mineral soil overlay. [ ] Modified natural sub -grade with winter/ice road construction: One winter only More than one winter [ ] Unmodified natural sub -grade, natural running surface. [ ] Reconstruction of one of the above methods (check one). [ ] Other This road is: [ ] Permanent [ ] Temporary What percent of the road occupies side slopes in the following categories: 100t 0.30% 30-67% >67% Are you removing or replacing drainage structures? [ ] YES [x] NO Will the road building be done by the: [x] operator [ ] operator's contractor If "contractor", has the contractor been copied this plan of operations? [ ] YES [ ] NO Name of road contractor: 7 Form 10.41-34 (Rev. 06 0106) Dale Received: DPO N Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 276 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 277 of 400 `��' �d 4 ,.I.�V� i... _-`�)��� �` x �y �•cI• Miry_.. �.. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 277 of 400 AGENDA ITEM #92.B. NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS NATER AND SOIL QUALITY CHARACTERISTICS Is there evidence of previous mass soil movement or surface erosion on the proposed road route or in the unit? If so, where and what methods will you employ to minimize additional soil movement in the future due to your activity? Thiv io a fir colvaDo tato a,a o not nn is a uuifiitihy. fins nnlikoty Ano to the fires characteristics. No erosion has been observed. If erosion is observed to be occurring, best management practices, such as water bars, slash placement, or water diversion techniques will be employed to address the situation. List each known or suspected classified stream (I IAAC 95.265) that will be crossed with a road: -see Attached Table. Stream Label st^a" Road Label and Location ryPe Description Type of Structure Proposed st61619 VW Nnr (Show the location(s) on the operation map and label them appropriately.) List each unit that abuts or encompasses known or suspected classified waters: -See Attached Table. - Unit Label str<am Stream Label Variation Re uests Sk v6a IYPa Nuns An.nW Latta YrWNnr (Show the location(s) on operation map and label them appropriately.) Detail operational activities that you plan to perform within the riparian areas of classified waters (I1 AAC 95.265), such as stream crossings, road ROW, skyline corridors, tail -holds, yarding, etc. Show the location(s) on the operation map. The only anticipated activity proposed in riparian areas of classified waters are sur m crossings. These crossings will be in or constructed per AFRP regulation and hest management practices. All known classified waters are shown on the attached harvest plan maps. F-, 10.41-34 (/ter. afi 01 ON Date Received: DPO # Contract No. FY2016-45 -A Salvage Timber Sale Contract Betvi... Page 278 of 400 AGENDA ITEM #12.B. Detailed Plan of Operations Twin Creek Fire Salvage Sale List of Known Classified Streams that will be Crossed with a Road Stream Label Stream Type Road Label and Location Description Type of Structure Proposed 5meviat Requested ve: uo Capelin Creek Tributary 259-25-10030-2001 1A KIB-ML/31-29S-18W Bridge Yes Big Creek- 259-25- 10040-2010 1A KIB-ML/6-305-18W Bridge Yes Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 279 of 400 AGENDA ITEM #12.B. Detailed Plan of Operations Twin Creek Fire Salvage Sale List of each unit that abuts or encompasses known or suspected classified waters: Unit Label Stream Type Stream Label Variation Request Site Visit Request? Yes/No None Attached later KB -01 1A Big Creek- 259-25.10040-2010 K Yes KB -02 SA Capalin Creek -259-25-10030 K Yes KB -02 1A Big Creek -259-25-10040.2010 K Yes KB -03 IA Capelin Creek -259-25-10030 K Yes KS -04 1A Big Creek -259-25-10040-2010 X Yes KS -04 1A Little Creek -259-25-10040.2010-3020-4010 X Yes KB -04 1A Chinlak River. 259-25-10040 X Yes Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 280 of 400 AGENDA ITEM #92.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 281 of 400 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS INSECT INFESTATION OR DISEASE CONTROL METHODS In Regions 11 & 111 (and Region 1, if notified by the DOF) slash management for spruce trees or limbs greater than five (5) inches in diameter will be accomplished by: [ ] Manufacture into cants, lumber, house logs, chips, or firewood. [ ] Burning, subject to applicable regulations (anticipated date of bum: ). [ ] Leaving limbs only. dried by uniform scattering in areas open to sunshine. [ ] Chemically treated, subject to applicable regulations; [ ] Stored in an appropiate manner, as specified (attach correspondence); [X] Other methods (attach correspondence to be approved by the Division). All matenal 5 inches and bmater is anticipated to be utilized w firewood or other uses. P' hl 9 Fmm I04I-34 (Rev. 064196) Dale Received.: DPO N Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 281 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 282 of 400 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS REFORESTATION COMMITMENT Regeneration of forested land is required within a specified time frame for each Region by the Alaska Forest Resources and Practices Regulations. See Sections I I AAC 95.375, .380 and .385 for information on landowner's responsibilities. Operators In Regions 11 and 111 must fill out Supplemental Sheet "C" unless a land use conversion or exemption from reforestation is requested. An exemption from the reforestation standards may be given if the landowner can demonstrate to the satisfaction of the Area Forester that I. The stand is significantly composed of insect and disease -killed, wind thrown, rim killed, or fatally damaged trees; 2. The land will be convened to another use in accordance with 1 I AAC 95.200; 3. The stand will have a residual amount of trees that meet the minimum standards set out in I I AAC 95.375(b) (3) and (4). [x] Land owner requests an exemption from reforestation under I IAAC 95.375(g). Submit supporting documentation as per the Alaska Forest Resources and Practices Regulations or as directed by the Division of Forestry. [ ] Land use conversion (include a letter to the Division of Forestry stating the nature of the conversion, i.e. commercial, residential, agriculture or recreational land use). REGENERATION METHOD [ ] Landowner will rely on natural regeneration of the site. [ ] Landowner will be artificially regenerating the site. Species and source of seedlings or seed: Date of proposed artificial planting: What method of site preparation will be used? If different types of preparation methods are to be used in the notification area, attach adequate detail to define their location. When will site preparation be accomplished? 10 Fu. 1041-34 (Rex 06 0106) Dare Received: DPO # Contract No. FY2016-45 -A Salvage Timber Sale Contract Betw... Page 282 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 283 of 400 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUPPLEMENTAL INFORMATION FORM "A" CORPORATION. LIMITED PARTNERSHIP, GENERAL PARTNERSHIP, OR JOINT VENTURE INFORMATION INSTRUCTIONS: Corporation, partnership or joint venture information is required by I I AAC 95.220(b). After the initial submittal of this information, subsequent Detailed Plan of Operations need only make reference to the previously submitted materials. If any of the business relationships or key personnel change during the notification period, this form must be resubmitted as appropriate to maintain compliance with I1 AAC 95.220(b). . ........ _...... __............... ......... .-........ ..._......... ._....... _ The following information applies to the: [X] Operator [ ] Timber Owner [ ] Land Owner In accordance with I 1 AAC 95.220(b), CORPORATION: "a corporation must be identified by a copy of the corporation's certificate of incorporation and articles of incorporation showing the corporation's name and articles of incorporation," [ ] Copy attached Also disclose "The identities of the registered agent, president, vice president, secretary, and treasurer" below: • A copy is on file with the Division* Registered Agent No change President No change Vice President No change Secretary No change Treasurer No change LIMITED PARTNERSHIP: "must be identified by a copy of the limited partnership agreement, evidence of filing of the limited partnership in the real property records as required by AS 32.1 t, and by the names and addresses of all general partners. [ ] Copy attached (including names and addresses of all parties) [ ] Evidence of filing in Recorder's Office, attached I Form 10.11-3J a7ev 06 0106) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 283 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 284 of 400 NOTICE OF OPERATIONS DETAILED PLAN OF OPERATIONS SUPPLEMENTAL INFORMATION FORM "B" MINING RECLAMATION ACT CERTIFICATION This page of the Operations Plan need only be filed once a year for a particular operation area if all statements on this form are applicable to subsequent notifications during the current calendar year Silvicultural operations according to Sec 27.19.050 of the Mining Reclamation Act are exempted from bonding and annual reclamation plan riling where less than five ones and less than 50,000 cubic yards of gravel or other materials are disturbed or removed at one location in any year and them is a cumulative disturbed area of less than five acres at one location. Pursuant to 11 AAC 97.250, A-1 Timber Consultants Inc. certifies that: [Company Nome] I. With respect to any material site to be established or operated in the current operating year that lies within the operating area covered by operations titled Twin Creek Fire Salvage Sale (TCFS) , DPO N/A a. the total acreage and volume of the material to be mined from each material site are within the limits set out in AS 27.19.050(a)(2); b. A-1 Timber consultants Inc. will reclaim all acreage required to be [Company Name] rehabilitated under I 1 AAC 95.325; and C. A-1 Timber Consultants Inc. in compliance with the rehabilitation [Company Name] measures required under I I AAC 95.325 will constitute the reclamation measures to be used to reclaim the total area mined; and 2. With respect to any materia[ site established or operated in any prior year that lies within the operating area covered by this plan of operations: a. the area and volume mined from each material site are within the limits set out in AS 27.19.050(x)(2); and b. each materia[ site is in compliance with I l ACC 95.325 Dated: A-1 Timber Consultants Inc. [Company Name] By: Title: President, A-1 Timber Consultants Inc Furor 10.41-34(R,, 0610I06) Date Received: DPO # Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 284 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 285 of 400 v � v � L J C l' U I Y Cu CO ca � U) U_ CO �r 6 w S'1- ,," Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 285 of 400 AGENDA ITEM #12.8. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 286 of 400 N m _ a a c p G1 j S N 0� O N C O o m a 0 0 m m v t > O O-a 0 0 M a Y 0 CL � L � y � � c Y � O J O / U Y ceq�6; �k Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 286 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 287 of 400 J U m R Y ILL C m c 0 m u m t h 1 N9 ryigl„ O ¢Om] o q r (C Cu Cl) O N f- Y 0 m > C C/) ; 00 Y m /ami Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 287 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 288 of 400 r o .. •O H C KI O O J �' D7 C W W J ll Q' m y O q C O Ol ' ci J� m NI N U R > � m o a o p x¢ 9 ti 9. L N U a C/) N m Ya ch ` Cu N Cn O CO m YY Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 288 of 400 AGENDA ITEM #12.B. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 289 of 400 O 3 'I I � _ OI J O NI � o e U W L J M S L O q II i o m MM ®i t i i i i�ooa�o� i M \ C? K`eL �t 'e o e mQ Y ` � L O � �c6 s_ tC (+� � � t i >CO m Y i ` Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 289 of 400 AGENDA ITEM #12.8. Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 290 of 400 dT o d@ o m o n o m m n J U m R1 Y LL d N� tI1 Y K N �Y U � yr I 1 1 i 0 � 1 m� - YQ o� C L (Q o� ch 0 �0 C CO 1 9 �m MM1om M W CO yLi Y 4-1 m � x Dr QOM KIBb i Contract No. FY2016-45 - A Salvage Timber Sale Contract Betw... Page 290 of 400 AGENDA ITEM #A. 1. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 5. 2016 ASSEMBLY REGULAR MEETING TITLE: Contract No. FY2016-47 Peterson Boilers and Controls Replacement Project. ORIGINATOR: Matt Gandel FISCAL IMPACT: Yes $707,000 FUNDS AVAILABLE: Yes Account Number: 470-536 452.150 Amount Budgeted: $835,597 15006.5 SUMMARY STATEMENT: Kodiak Island Borough Code 3.30.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for construction of the Peterson Boilers and Controls Replacement project, one of the bond projects approved by voters in 2014. The scope of work is removal and replacement of the existing boilers and mechanical controls system at Peterson Elementary School, as well as replacement of the boiler building roof. Design was completed by Jensen Yorba Lott and RSA Engineers, and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on March 18, 2016, and bids were due and opened on April 12, 2016. Four bids were received. After reviewing bids, Staff has determined that Wolverine Supply of Wasilla is the lowest responsive bidder. A copy of the bid tabulation is attached. Wolverine has previously completed several projects for the Borough, including the Womens Bay Emergency Shelter, KFRC Ventilation Modifications, and North Star Exterior Renovation. Funding for this project comes from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and this project is eligible for 70% reimbursement by the State. The budget for construction is $835,597 and the contract is for $707,000. A copy of the current budget is attached. The work is scheduled to be completed before the start of school next fall. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2016-47 with Wolverine Supply, Inc. of Wasilla, AK for the Peterson Boilers and Controls Replacement project in an Amount Not to Exceed $707,000. Kodiak Island Borough Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 291 of 400 AGENDA ITEM #A. 1. Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 292 of 400 Contract No. FY2016-47 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT Peterson Elementary School Boiler and Control Replacement #15006 _ PROJECT NAME AND NUMBER 'Ibis CONTRACT ("Contract'), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Wolverine Supply, Inc. Company Name 5099 B. Lupine Drive, Wasilla, AK 99654 Company Address (Street or PO Box, City, Stale, Zip) a/an ❑ Individual []Partnership ❑Joint Venture []Sale Proprietorship ® Corporation incorporated under the laws of the State of Alaska its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perronn all the work and labor required in the construction of the above -referenced project as hid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafier defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will he allowed by the Borough. nor saaJ d:c Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agreestomake no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed Seven Hundred Seven Thousand dollars ($707.000.00) for all Base Bid Items, The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: Aueust 15. 2016. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may became due the Contractor, or if no money shall be due, the Borough shall have the right to recover $500 per calendar day as snecifiLd in Article 1 I.9, Supplementary Conditions: such deduction to be made, or sum to be recovered, not as a penalty but as Kodiak IslanJ Bars, gh Construction Contract Page 1 of 3 Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 292 of 400 AGENDA ITEM #A. 1. Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 293 of 400 Convect No. FY2016.47 liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the famishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing f nam the dale on which the extended period expires. The bonds given by the Contractor in the sum of $707,000.00 Payment Bond, and $707,000.00 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract. arc submitted herewith and made a par hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means William Roberts or any other person designated by the Borough Manage, The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the fallowing listed documents: (1) Drawings dated March 18, 2016 (2) Project Manual dated March 18, 2016 (3) Addendum I dated March 22, 2016 (4) Addendum 2 dated April I, 2016 (5) Addendum 3 dated April 5, 2016 (6) Addendum 4 dated April 5, 2016 (7) Addendum 5 dated April 8, 2016 Kodiak Island Borough Construction Contract Page 2 of 3 Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 293 of 400 AGENDA ITEM #A. 1. Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 294 of 400 Contract No. FY201647 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Wolverine Suely�Inr__ Name,, M ,, ••-- 1 ature o Authorized Company Representative h*aw 5th, vice Pmaidst Name and Title Ppil 15, 2016 Date f i I KODIAK ISLAND BOROUGH Signature of Borough Manager William Roberts. Acting Borough Manager Typed Name Date Nova M. Javier, MMC Borough Clerk (ATTEST) Kodiak Island Borough Construction Contract Page 3 of 3 Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 294 of 400 AGENDA ITEM #A. 1. Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 295 of 400 Kodiak Island Borough Bid Tabulation Bid Opening: Peterson Elementary School Boiler & Control Replacement 4/12/16 4:00 PM BA E BID ALT.#1 (ADD) Total No. GENERAL CONTRACTOR (Base +Alt's) 1 Wolverine Supply, Inc. I $ 707,000 1 707,000 2 Byler Contracting $ 748,000 $ 748,000 3 Bering Industrial Contractors, Inc. $ 831,220 $ 831,220 4 Little Susitna $ 892,688 1 1 $ 892,686 Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 295 of 400 AGENDA ITEM #A.1. Lnba Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 296 of 400 m 0 0 o LPI Q1 N 00 tl1 'C Ol lfl I, n O E d 111 omo N ', N `" N m z O O N C O U � m O w N O � N C 0 a" Vf VT V} V} V4 d W I 00 I l�D O CO L c d N � N O. � oo W d � v N � m rl IA E v W W V} lA VI. C O O O O O O Y v a 0 0 Ln ba -O � C13 � n vi m ui � ti m oil 00 .i ti +n an .n .n +n o u 'N C U U1 J Op C Y C C J � C E C H � U Q U � e a e e a u` Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 296 of 400 00 � ti +n an .n .n +n o u 'N C U U1 J Op C Y C C J � C E C H � U Q U � Contract No. FY2016-47 Peterson Boilers and Controls Replace... Page 296 of 400 AGENDA ITEM #A.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT r MAY 5, 2016 -3 ASSEMBLY REGULAR MEETING 3,°sr• TITLE: Contract No. FY2016-48 Peterson and Main Schools Flooring Project. ORIGINATOR: Matt Gandel FISCAL IMPACT: Yes $531,001 FUNDS AVAILABLE: Yes Account Number. 470-536 452.150 Amount Budgeted: $677,915 15005.5 SUMMARY STATEMENT: Kodiak Island Borough Code 3.30.020 "Limitation of Managers Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for construction of the Peterson and Main Schools Flooring project, one of the bond projects approved by voters in 2014. The scope of work is removal and replacement of flooring at Peterson Elementary School and at the gymnasium at Main Elementary School. The proposed contract includes award of two bid alternates: 1) removal and replacement of the gym floor at Main Elementary, instead of just refinishing the existing floor, and 2) removal and replacement of flooring at additional corridors at Peterson Elementary. Design was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on March 18, 2016, and bids were due and opened on April 12, 2016. Two bids were received. After reviewing bids, Staff has determined that Wolverine Supply of Wasilla is the lowest responsive bidder. A copy of the bid tabulation is attached. Wolverine has previously completed several projects for the Borough, including the Womens Bay Emergency Shelter, KFRC Ventilation Modifications, and North Star Exterior Renovation. Funding for this project comes from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and this project is eligible for 70% reimbursement by the State. The budget for construction is $677,915 and the contract is for $531,001. A copy of the current budget is attached. The work is scheduled to be completed before the start of school next fall. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2016-48 with Wolverine Supply, Inc. of Wasilla, AK for the Peterson and Main Schools Flooring project in an Amount Not to Exceed $531,001. Kodiak Island Borough Contract No. FY2016-48 Peterson and Main Schools Flooring Pr... Page 297 of 400 AGENDA ITEM #A.2. Contract No. FY2016-48 Peterson and Main Schools Flooring Pr... Page 298 of 400 Contract No. FY201648 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT Peterson and Main Elementary Schools Floor Replacement #15005 _ PROJECT NAME AND NUMBER This CONTRACT ("Contract"). between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Wolverine Supply. Inc. Company Name 5099 E. Lupine Drive. Wasilla. AK 99654 Company Address (Street or PO Box, City, State, Zip) Wen ❑ Individual ❑Partnership ❑Joint Venture ❑Sole Proprietorship © Corporation incorporated under the laws of the State of Alaska its successors and assigns, herein called the Contractor, is effective the date of the signature ofthe Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above-refeamced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor am required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed Five Hundred Thirty One Thousand One dollars ($ 531.001.00 for all Base Bid Items and Alternates I and 2. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to die satisfaction of the Borough, on or before: August 15, 2016. 1- is expressly, understood and agreed that in case of the failure un the part of the Contractor. for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover $500 per calendar day as specified in Article I1 S. Supplementary Conditions; such deduction to be made, or sum to be recovered, not as a penalty but as Kodiak Island Borough Construction Contract Page 1 of 3 Contract No. FY2016-48 Peterson and Main Schools Flooring Pr... Page 298 of 400 AGENDA ITEM #A.2. Contract No. FY2016-48 Peterson and Main Schools Flooring Pr... Page 299 of 400 Contract No. FY2016-48 liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the famishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $531,001.00 Payment Bond, and $531,001.00 Performance Bond, to secure the proper compliance with the terms and previsions of this Contract, are submitted her with and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract. Contracting Officer means William Roberts or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) Drawings dated March 18, 2016 (2) Project Manual dated March 18, 2016 (3) Addendum I dated March 22. 2016 (4) Addendum 2 dated March 25, 2016 (5) Addendum 3 dated April 4, 2016 (6) Addendum 4 dated April 5, 2016 (7) Addeai tar; 5 dated April 7, 2016 Kodiak Island Borough Construction Contract Page 2 of 3 Contract No. FY2016-48 Peterson and Main Schools Flooring Pr... Page 299 of 400 AGENDA ITEM #A.2. Contract No. FY2016-48 Peterson and Main Schools Flooring Pr... Page 300 of 400 Contract No. FY201648 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and j conditions. CONTRACTOR Wolverine Supply. Inc. i pany Name gtgiiature of -Authorized Company Representative Adam Shy, Viae Pcesir$t Name and Title P{rll 15, 2016 i Date I KODIAK ISLAND BOROUGH Signature of Borough Manager William Roberts, Borounh Manaeer Typed Name Date Nova M. Javier, MMC Borough Clerk (ATTEST) Kodiak Island Borough Construction Contract Page 3 of 3 Contract No. FY2016-48 Peterson and Main Schools Flooring Pr... Page 300 of 400 AGENDA ITEM #A.2. Kodiak Island Borough Bid Tabulation Bid Opening: Peterson & Main Elementary Schools Floor Replacement 4/12/16 3:30 PM BASE BID ALT.#1 (ADD) ALT.#2 (ADD) Total No. GENERAL CONTRACTOR (Base+Alta) 1 Wolverine Supply, Inc. $ 474,000 1 $ 1 Is 57,000 S 531,001 2 Little Susitna $ 569,740 1 $ 89,640 $ 9,600 1 $ 668,980 3 1 1 1 Is 4 1 1 1 Is Contract No. FY2016-48 Peterson and Main Schools Flooring Pr... Page 301 of 400 AGENDA ITEM #A.2. Contract No. FY2016-46 Peterson and Main Schools Flooring Pr... Page 302 of 400 0 0 � o OD C N N V1 N W m l0 Q1 N 00 C ul Ol m 00 l0 X10 N 1, W M N E n in m o0 y � n m C O 0 0 O1 v CL Y m n n n n v B c m O c O Nm c m ma a E C1 NLn uNOi C CL x W lA N N l0 N N a N 2 d m O O O O O O O O O O CG C O ll'1 IJ'1 N 1p CO 0 LL d to � m o oO10 a 0 'O 0 CO O v h r, � N �n m m m .� 00 O Ln +n an +n an +n C O u Y C U N 7 OD C .m C E C F e O U Q V 0 0 a a` Contract No. FY2016-46 Peterson and Main Schools Flooring Pr... Page 302 of 400 Contract No. FY2016-46 Peterson and Main Schools Flooring Pr... Page 302 of 400 AGENDA ITEM #A.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 5, 2016 4 ASSEMBLY REGULAR MEETING TITLE: JContract No. FY2016-49 East Elementary Roof Replacement Project. ORIGINATOR: Matt Gandel FISCAL IMPACT: Yes $524,800 FUNDS AVAILABLE: Yes Account Number: 470-536 452.150 Amount Budgeted: $1,111,584 15003.5 SUMMARY STATEMENT: Kodiak Island Borough Code 3.30.020 "Limitation of Managers Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for construction of the East Elementary Roof Replacement project, one of the bond projects approved by voters in 2014. The scope of work is removal and replacement of roofing at East Elementary School. Design was completed by Jensen Yorba Lott, and approved by the Architectural/Engineering Review Board. Originally the project was going to include removal and replacement of the steel bus canopy roof at Kodiak Middle School, but this was split into a separate project at the recommendation of the ARB. The Kodiak Middle School portion of the project is currently out for bid. An invitation to bid was issued on March 18, 2016, and bids were due and opened on April 12, 2016. Three bids were received. After reviewing bids, Staff has determined that RPR Inc., dba Rain Proof Roofing of Anchorage is the lowest responsive bidder. A copy of the bid tabulation is attached. Rain Proof Roofing has previously completed the Larsen Bay Roof Replacement project directly for KIB and installed all the new roofing for the KHS Addition and Renovation project as a subcontractor. Funding for this project comes from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and this project is eligible for 70% reimbursement by the State. The budget for construction is $1,111,584 and the contract is for $524,800. The total construction budget will include the Kodiak Middle School portion of the project, projected to be approximately $200,000. A copy of the current budget is attached. The work is scheduled to be completed before the start of school next fall. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2016-49 with RPR Inc., dba Rain Proof Roofing of Anchorage, AK for the East Elementary Roof Replacement project in an Amount Not to Exceed $524,800. Kodiak Island Borough Contract No. FY2016-49 East Elementary Roof Replacement Proj... Page 303 of 400 AGENDA ITEM #A.3. Contract No. FY2016-49 East Elementary Roof Replacement Proj... Page 304 of 400 Contract No. FY2016-49 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT East Elementary School Roof Replacement #15003 PROJECT NAME AND NUMBER This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and RPR. Inc. ribs Rain Proof Roofing Company Name 2201 East 84th Court, Anchorage AK 99507 Company Address (Street or PO Box, City, State, Zip) also ❑ Individual ❑Partnership ❑Joint Venture ❑Sole Proprietorship ® Corporation incorporated under the laws of the State of Alaska its successors and assigns, herein called the Contractor, is effective the dote of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above -referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or famish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or famished without such written order. Payment under this Contract shall not exceed Five Hundred Twenty Four Thousand Eiaht Hundred dollars ($524,800.00 for all Base Bid Items. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: August 15, 2016. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover $500 per calendar day as specified in Article 11 .8, Supplementary Conditions: such deduction to be made, or sum to be recovered, not as a penalty but as Kodiak Island Borough Construction Contract Page 1 of 3 Contract No. FY2016-49 East Elementary Roof Replacement Proj... Page 304 of 400 AGENDA ITEM #A.3. Contract No. FY2016-49 East Elementary Roof Replacement Proj... Page 305 of 400 Contract No. FY2016-49 liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $524,800.00 Payment Bond, and 5524,800.00 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be dune under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means William Roberts or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but we not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) Drawings dated Match 18, 2016 (2) Project Manual dated March 18, 2016 (3) Addendum I dated Match 22, 2016 (4) Addendum 2 dated Match 25, 2016 (5) Addendum 3 dated April 1, 2016 (6) Addendum 4 dated April 6, 2016 Kodiak Island Borough Construction Contract Page 2 of 3 Contract No. FY2016-49 East Elementary Roof Replacement Proj... Page 305 of 400 AGENDA ITEM #A.3. Contract No. FY2016-49 East Elementary Roof Replacement Proj... Page 306 of 400 Contract No. FY2016A9 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR RPR, Inc. DBA Rain Proof Roofing Company Nnmc i Signature of Authorized Company Representative Brian Hines — Vice-president Name and Title April 15, 2016 Date KODIAK ISLAND BOROUGH Signature of Acting Borough Manager William Roberts. Borough Manager Typed Name Date Nova M. Javier, MMC Borough Clerk (ATTEST) Kodiak Island Borough Construction Contract Page 3 of 3 Contract No. FY2016-49 East Elementary Roof Replacement Proj... Page 306 of 400 AGENDA ITEM #A.3. Kodiak Island Borough Bid Tabulation East Elementary School Roof Replacement Bid Opening: 4/12/16 3:00 PM 1 Rain Proof Roofing $ 524,800 1 $ 524,800 2 Wolverine Supply, Inc. Is 587,000 1 $ 587,000 3 lay -Brant $ 789,483 1 1 $ 789,483 Contract No. FY2016-49 East Elementary Roof Replacement Proj... Page 307 of 400 B EBID ALT.*1(ADD) Total No. GENERAL CONTRACTOR (Base + AR's) 1 Rain Proof Roofing $ 524,800 1 $ 524,800 2 Wolverine Supply, Inc. Is 587,000 1 $ 587,000 3 lay -Brant $ 789,483 1 1 $ 789,483 Contract No. FY2016-49 East Elementary Roof Replacement Proj... Page 307 of 400 AGENDA ITEM #A.3. Contract No. FY2016-49 East Elementary O o In o u, O o r,o n = v 00 o n .r m In m In 00 ~ N M n LNo Do d C N N us us No 04 O O LA C Y y � 00 LI'1 w Vi c 0 HD M O U'1 � t!1 � A W C d E u m N C a CL O O 06M r� m ul N IA N INTI 00 m CL x d W 00 4A V} V} {/} V1 C O O O O O O O O O O O O K M O O N � a 7 CO N O O CD V DOO N � N M O D CLn QI u^1 lfl ul 00 N ri M N V} V} VT to VF O u U v � m tia CL) u° ¢ u° 0 e a C L Contract No. FY2016-49 East Elementary Roof Replacement Proj... Page 308 of 400 AGENDA ITEM #C. 1. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 5. 2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2017-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commending on the First Day of July 2016 and Ending on the Thirtieth Day of June 2017 (Fiscal Year 2017 Budget). ORIGINATOR: Dora Cross FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This ordinance budgets for FY2017 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds. This ordinance sets FY2017 mill rates and sets the tax rates for commercial aircraft. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-01 in first reading to advance to public hearing at the next meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 309 of 400 AGENDA ITEM #C. I. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 310 of 400 introduced by: Borough Manager Requested by: Borough Assembly I Droned by: Finance Director 2 Introduced: 05/0512016 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2017-01 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH LEVYING TAXES ON ALL TAXABLE REAL AND 10 PERSONAL PROPERTY WITHIN THE KODIAK ISLAND BOROUGH I I FOR THE EXPENSES AND LIABILITIES OF THE KODIAK ISLAND 12 BOROUGH FOR THE FISCAL YEAR COMMENCING ON THE FIRST 13 DAY OF JULY 2016 AND ENDING ON THE THIRTIETH DAY OF JUNE 14 2017 (FISCAL YEAR 2017 BUDGET) 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 17 BOROUGH THAT: 18 19 Section 1: This ordinance is not of general application and shall not be codified. 20 21 Section 2: The following sums of money, or as much thereof as may be authorized by 22 law, as may be needed or deemed necessary to defray all expenses and 23 liabilities of the Kodiak Island Borough, be and the same, Is hereby 24 appropriated for municipal purposes and objects of the Kodiak Island 25 Borough and other taxing entities hereinafter specified for the fiscal year 26 commencing on the first day of July 2016 and ending on the thirtieth day of 27 June 2017. 28 29 Section 3: Adoption of this ordinance regonizes that funds are appropriated at 30 department and/or project level. Compositions of these figures are as 31 delineated in the full detail budget document. The full document is available 32 to all elected and appointed officials for their use. Copies may be reviewed 33 by interested citizens at the Borough Building during normal working hours 34 and also at the Kodiak and village public libraries during their normal 35 operating hours. 36 37 Section 4: Tax Levy. A tax for the amount specified in the form of a mill levy is hereby 38 levied for the value as of January 1, 2016, to be used for the purposes as 39 specified in the Budget for Fiscal Year 2017 of the Kodiak Island Borough 40 commencing on the first day of July 2016 and ending on the thirtieth day of 41 June 2017 to defray expenses and liabilities of said entity as enumerated in 42 the applicable budgets. 43 44 The millage rates by taxing entity are as follows: 45 A. Kodiak Island Borough General Fund 0.15 mills 46 B. Education Support Fund 7.75 mills 47 C. Womens Bay Road Service Area 2.50 mills Kodiak Island Borough, Alaska Ordinance No. FY2017-01 Page 1 of 3 Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 310 of 400 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 AGENDA ITEM #C. 1. D. Womens Bay Fire Dept. 1.25 mills E. Bay View Road Service Area 1.50 mills F. Fire Protection Area No. 1 1.50 mills G. Monashka Bay Road Service Area 2.50 mills H. Service Area No. 1 Roads 1.50 mills I. Woodland Acres Street Light Area 0.10 mills J. Service Area No. 2 0.00 mills K. KIB Airport Fire Area 1.25 mills L. Trinity Islands Street Light Service Area 0.20 mills M. Mission Lake Tide Gate Service Area 1.00 mills N. Debt Service 2.00 mills O. Renewal and Replacement Fund 0.85 mills Section 5: Commercial Aircraft that have been Issued an N number by the Federal Aviation Administration and are less than 12,500 pounds takeoff weight are taxed using the following table: Section 6: Kodiak Island Borough Staff is hereby authorized and directed to effect the necessary line Rem changes within the limits established above by fund, project and department to properly monitor, account and report on the expenditures of these funds. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2016 Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor Ordinance No. FY2017-01 Page 2 of 3 Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 311 of 400 FIXED WING ROTOCRAFr Gross Lbs Annual Tax Gross Lbs Annual Tax Non Flyable $50 0-1,000 $100 0.2,000 $400 1,001-2,000 $200 2,001-3,000 $800 2,001-3,000 $400 3,001-4,000 $1,000 3,001-4,000 $600 4,001-7,000 $1,400 4,001-5,000 $800 7,001-12,500 $1,600 5,001-6,000 1 $1,000 6,001-7,000 $1,200 7,001-8,000 $1,300 8,001-10,000 1 $1,4001 1 10,001-12,500 1 $1,5001 1 Section 6: Kodiak Island Borough Staff is hereby authorized and directed to effect the necessary line Rem changes within the limits established above by fund, project and department to properly monitor, account and report on the expenditures of these funds. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2016 Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH Jerrol Friend, Borough Mayor Ordinance No. FY2017-01 Page 2 of 3 Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 311 of 400 AGENDA ITEM #C. 1. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 312 of 400 81 ATTEST: 82 83 84 85 Nova M. Javier, MMC, Borough Clerk 86 87 Kodiak Island Borough, Alaska Ordinance No. FY2017-01 Page 3 of 3 Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 312 of 400 AGENDA ITEM #C. 1. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 313 of 400 A. General Fund (100) Revenues Percentage Taxes Real Property 2.77% 172,500 Personal Property 0.34% 21,000 Non ad valorem taxes 0.42% 26,000 Payment In lieu of taxes 21.42% 1,332,000 Severance Taxes 27.95% 1,738,000 Penalties & Interest on Tax 2.47% 153,410 Licenses & Permits 1.06% 68,000 Federal Shared Revenue 2.41% 150,080 Stale Shared Revenue 39.99% 2,486,307 Investments Earnings 0.94% 58,177 Other 0.23% 14,500 Total General Fund Revenues 100.00% $ 6,217,974 Expenditures FTE Legislative 4 2.60% 181,787 Personnel Services 26,100 Fringe Benefits 3,487 Lobbyist 75,000 Support Services 57,200 Borough Management 5 9.19% 571,222 Personnel Services 322,381 Fringe Benefits 216,929 Contracted Services 2,500 Support Services 61,412 Allocated (32,000) Borough Clerk 3 8.88% 552,058 Personnel Services 244,974 Fringe Benefits 177,764 Support Services 129,320 Capital Outlay 0 Legal Services 0 296% 184,000 Legal Fees 160,000 Support Services 24,000 Finance/Accounting 7 1524% 947,761 Personnel Services 481,004 Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 313 of 400 AGENDA ITEM #C. 1. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 314 of 400 Fringe Benefits 371,638 Contracted Services 10,000 Support Services 128,119 Allocated to Projects (43,000) Finance/MIS 3 14.73% 915,880 Personnel Services 297,507 Fringe Benefits 203,123 Contracted Services 25,000 Support Services 346,250 Capital Outlay 70,000 Allocated (26,000) Assessing 5 12.56% 781,226 Personnel Services 414,524 Fringe Benefits 302,977 Contracted Services 1,500 Support Services 66,225 Allocated to other funds (4,000) Engineering/Facilities 2 2.84% 176,695 Personnel Services 62,684 Fringe Benefits 47,527 Professional Services - Support Services 66,484 Community Development 6 15.39% 957,070 Personnel Services 441,684 Fringe Benefits 324,689 Professional Services 10,000 Support Services 181,197 Allocated to Projects (500) Building Inspectors 0 2.66% 165,263 Contracted Services 145,000 Support Goods and Services 20,263 Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 314 of 400 AGENDA ITEM #C. I. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 315 of 400 Economic Development 1 0.57% 35,500 Personnel Services - Fringe Benefits - Professional Services 35,000 Contributions 0 Support Goods 8 Services 500 General Administration 0 3.31% 205,600 Personnel Services - Audit Expense 110,000 Contracted Services - Support Services 95,600 Parks and Recreation 0 066% 41,140 Personnel Services 23,640 Contracted Services - Support Services 17,500 Emergency Preparedness 0 0.95% 59,157 Personnel Services 28,458 Contracted Services 13,199 Support Goods and Services 17,500 Animal Control 1.76% 109,415 Contracted Services 109,415 Education, Culture 8 Recreation 0 0.39% 24,200 Contributions 24,200 College and Libraries 0 1.54% 96,000 Contributions 96,000 Non Profit Funding 3.76% 234,000 Contributions 234,000 Transfers Out 0 0.00% 0 Transfers - Total General Fund Expenditures $ 6,217,974 Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 315 of 400 AGENDA ITEM #C. 1. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 316 of 400 B. Special Revenue Funds (Revenues and Expenditures) 1 Education Support Fund (201) 10,277,500 2 Land Sales (210) 1,313,709 3 Buildings 8 Grounds Fund (220) 781,278 4 Local Emergency Planning Committee (234) 14,000 5 Women's Bay Road Service Area (240) 217,000 6 Service Area No. 1 (242) 488,000 7 Service Area No. 2 (243) 100 8 Monashka Bay Road Services Area (244) 60,000 9 Bay View Road Service Area (246) 15,257 10 Fire Protection Area No. 1 (254) 1,034,127 11 Women's Bay Fire Department (252) 226,000 12 KIB Airport Fire Area (254) 15,000 13 Woodland Acres Street Light Area (260) 5,140 14 Trinity Acres Lighting Dist. (261) 2,330 15 Mission Lake Tide Gate (262) 5,400 17 Facilities Fund (276) 357,825 18 Tourism Development (277) 142,900 19 Fern Fuller Trust (290) 66,500 20 Special Projects (295) 0 Total Special Revenue Funds 8 15,022,066 Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 316 of 400 AGENDA ITEM #C. 1. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 317 of 400 C. Debt Service Funds (Revenues and Expenditures) 1 Debt Service (300) 7,910,029 Total Debt Service Funds $ 7,910,029 Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 317 of 400 AGENDA ITEM #C. 1. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 318 of 400 D. Enterprise Funds 1 Solid Waste Disposal Fund (530) 3,643,027 2 Hospital Enterprise Fund (540) 2,253,841 3 Kodiak Fisheries Research Center (555) 1,683,183 4 011 Service (560) 35,000 Total Enterprise Funds $ 7,615,051 Total all Funds $ 36,765,120 Ordinance No. FY2017-01 Levying Taxes on All Taxable Real an... Page 318 of 400 AGENDA ITEM #D. 1. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 5. 2016 ASSEMBLY REGULAR MEETING 1l TITLE: Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board (Mr. Nathan Svoboda). ORIGINATOR: Laurie Pardoe FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: There is currently one vacant at -large seat on the Solid Waste Advisory Board for a term to expire in December 2016. On April 19, 2016 the Clerk's Office received an application from Mr. Nathan Svoboda. 2.100.030 Appointments Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. RECOMMENDED MOTION: Move to confirm the mayoral appointment of Mr. Nathan Svoboda to the Solid Waste Advisory Board for a term to expire December 2016. Kodiak Island Borough Confirmation of the Mayoral Appointment to the Solid Waste A... Page 319 of 400 AGENDA ITEM #D. I. ¢ o KODIAK ISLAND BOROUGH oOa OFFICE OF THE BOROUGH CLERK 710 Mill Bay Road, Room 101 'Q Kodiak, AK 99615 Phone: (907) 486-9310 Fax: (907) 486-9391 clerks@kodlakak.us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board/Committee/Commission: Solid Waste Advisory Board Designated seat or group representation (I applicable) : n/a Please be aware that the information given an your application Is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting Information. Name: Nathan Svoboda Daytime Phone: 907.942.4757 Residence Address: 389 Neva Way Evening Phoney 907.942-4757 Mailing Address: 369 Neva way Cell Phone: 907-942-4757 Emall Address: nalhan.svoboda@alaska.gov Fax Number. Length of Residence In Kodiak:3 years Registered to vote in Kodiak? [2] Yes []4o Please provide one of the following: Dale of Birth Last 4 digits of SSN# Employer/Occupation: Wildlife Biologist Organizations you belong to or participate in: The Wildlife Society, Intemational Bear Association Explain your main reason for applying: To assist the Board and Borough In making responsible, thoughtful decisions with respect to solid waste management while considering what Impacts these decisions will have on bears, community safety, and public satisfaction. What background, experience, or expertise will you bring to the board/committee/commission membershlp7 I am the Area Wildlife Biologist for the Alaska Department of Fish and Game with over 15 years of wildlife experience, specifically working with bears. Are you available for regular meetings? YES Pursuant to lOBC 2100.D70(A.6) Omer Dom by expiration of the members ten, IM assembly shall declare a sea ant embarmisses three consecutively held regular meemgs and Is not excused. Signature of Applicant: Date: A resume or leder of Interest maybe attached, but Is not required. This applimlon wilt be kept on Ale for one year. Please be swam that mere may be an application deadline. Application deadmes, if applicable, are available on the Borough website at wavy kadlakekus of in the Notice of Varanq announcements atl.rtifed In the Kodiak Daly Afmw -STAFF USE ONLY- Reghtmed.lar or me Rcrmgh: Yee Nc(1 Appsont'sReswmcaamrph( I Cxy(y Mpoksmen Leder Roster:DakarAWIrtarent Data n92016 TJAPR Oath ofomce: Tom Expkes on: APaC POFD statement: AltrOW On File (I IeaRO:Jf'.H ALASKA OFflCE xculAA x, AtAsxA Confirmation of the Mayoral Appointment to the Solid Waste A... Page 320 of 400 AGENDA ITEM #D. 1. Confirmation of the Mayoral Appointment to the Solid Waste A... Page 321 of 400 KODIAK ISLAND BOROUGH -a SOLID WASTE ADVISORY BOARD NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Jennifer Culbertson 2017 512-6380 486-6339 512-6380 Inezlenr@hotmail. com PO Box 8837 Kodiak, AK 99615 Steven Neff 2016 486.2033 573-247-6064 swneff(Maniail.com 3240 Lake View Drive Kodiak, AK 99615 Jeff Stewart 2016 486-2972 SAME 942-1190 misty-Isleftalaskan.com PO Bax 868 Kodiak, AK 99615 Nick Szabo (Chair) 2018 486-3853 654-3853 herschelf@ad.net PO Box 1633 Kodiak, AK 99615 Vacant 2016 Construction Business Representative 2018 481-3745 481-3333 414-791-3745 Call instead of email Scott Arndt (Vice Chair) PO Box 76 Kodiak, AK 99615 Retail Business Representative 2015 Vacant NON-VOTING EX-OFFICIOS 654-1045 dennis.svmmons(&kibassembly om Assembly Representative Dennis Symmons PO Bax 8597 Kodiak, AK 99515 KIB Staff Representative 486-9348 jllokar@kodiakak.us Joe Lipka U.S.C.G. Representative 487-5320 robed way(Musco. mil Robert F. Gray, Environmental Division x6698 Chief 487-5494 (Fax) Base Kodiak City of Kodiak Representative 486.8060 mkozak(Mcity. kodiak.ak.us Mark Kozak 486-8066 2410 Mill Bay Road (fax) Kodiak, AK 99615 This board Is governed by Kodiak Island Borough Code 2.145 STAFF; EIF DIRECTOR, BOB TUCKER 486.9343 blucker®kodlakakua EIF SECRETARY, JENNY CLAY 486-9343 Iclavi&kodlakak.us ENGINEERING S FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KOOIAK, AK 99615 Revision Date: 111 l/2016 Revised by am Confirmation of the Mayoral Appointment to the Solid Waste A... Page 321 of 400 AGENDA ITEM #D.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 5. 2016 „. ASSEMBLY REGULAR MEETING TITLE: Confirmation of the Assembly Appointments to the Mission Lake "Tidegate” Service Area Board (Craig Johnson and Alan Wolf). ORIGINATOR: Laurie Pardoe FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: There are currently two vacancies on the Mission Lake "Tidegate" Service Area Board for terms to expire in December 2017 and December 2018. Applications were received from the following: • Craig Johnson application received March 29, 2016 • Alan Wolf application received March 31, 2016 • Robert Hoedel application received April 4, 2016 4.130.010 Creation and powers. The Mission Lake tidegate service area is established pursuant to Ordinance No. 2002-02 and encompasses the area as indicated on the map attached to that ordinance. Construction, operation, and maintenance of the Mission Lake tidegate shall be provided in the Mission Lake tidegate service area. 4.130.020 Board. The Mission Lake tidegate service area board shall consist of three members appointed by the assembly. The Assembly wishes to appoint Mr. Craig Johnson for a seat to expire 2017 and Mr. Alan Wolf for a seat to expire 2018. RECOMMENDED MOTION: Move to confirm the Assembly Appointments of Mr. Craig Johnson for a seat to expire 2017 and Mr. Alan Wolf for a seat to expire 2018. Kodiak Island Borough Confirmation of the Assembly Appointments to the Mission Lak... Page 322 of 400 W oar w v 0 E y E m i a1 AGENDA ITEM #D.2. E W 0 '0 W W C W_ O 0 w m c E E o. W L o ut P r y E; 0W c W 3 c w E 5 L m a o Z o Qi 2 t v 0 3 W m .0 m W ENj. a Z- m h i o.O== 2 `m W U W c N O E o L A W r T L O E W Q a C N Q 00 = L_ o? mN ca) U) i.a ',c d 0 CD CL = W W= 0' 7 W W W W W E O M W 3 ro t 3 m c U a v a E U m o O .0 0 c `o C W W c > > w -00 E L Q U ? C W �5 M E cD c 0 E Z n 00 'o Confirmation of the Assembly Appointments to the Mission Lak... Page 323 of 400 E " m L W W Q Q) N W tx9 � W 0 2 � LL O 0 E W a c U o rn m 7 < i :JI c O E N- C Y T W_ U W a. 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Page 324 of 400 q y y � n° � � ❑ c a� LL� Z u u N'- n m oo m S� $ E a 8 ❑ Y m \ �� 8 6 Y U m$ w LU .g r q a Q CT m m a .90 x .m, q 3-y.9 C q 0 IS�F E° C a LL n E@ 1 c e q=c Hi El O V p°p v U W E azR'f m m> m L M1 G 9m� J N wEEa p N ❑ ly U LL¢ S > €$m 2 `61 ❑ y n a.q O ` v g�.N m� z �❑ m `o �m i p, m$ 2 u m m aq t 9� w E Z m O y° V a v 3 v m h d a73 u 6 v m� % m 16 M° CLU Q gg g w X C E o m a o S n c i,� m q m ,3m q d B y m p a 'a a m m a Em@ m m m a m❑ 'a E m w � w o` 1113 ¢` E U) m 6 0 o rm=m G- O uoTE i m O io� m_ m a o W m°m Y z m O Z a N m m .00 m �c m !? t m a` 3 m m a t> co o A2 Em 0 O o y E cm° zM m `m m .Tj m=14 E o E m m a m m o m o 11 0 jj •E 'dS a_ CL cY -U ¢- 0 CL m O:: Ct N r O o ° T c O O U m m m m 01-6 ¢ I m z m a m o. m `m E r m o o c«" E o m 'c 3 y m o a }� Q 6 E a co ¢ ° Im w o m p O o n m .0 ° E n m ° >.0 a = on mE _ m ma aw am m — ftmc= Y�:v m a 0 a . c ayo mo —m on nT o 3 y L r m m M a v u E a m 3 U l/l 999699V -&S U110 °adS OWDId Wtl bE Eb L 9l0iJlU�eW Confirmation of the Assembly Appointments to the Mission Lak... Page 324 of 400 w L 7 O O= 0 Y 0 m> L wr 'O w Q H •� ? O F W Z o o >. E v Y `m OLL F- O c n E w c 0 o w N }�cn o m J N'`wE oa L.1` Eye CL O v} = o m °o 2$ aI c x U ¢ n. Q U o y o° w L CL 3 a,, m M m am Q 3 Via¢ cuE,=-QY0o��C5 000 = aw®Nrm > co w 2 m o w Y L m m w iia `w i.uO1 °�¢ m AGENDA ITEM #D.2. w0'0 09 w w c w O N « c N E m O. w L «'U 3 m F .. ? an d E o 3 v p a cc d w L 0 w N L N w E c w� N O Y II1 w N Y Z O N; O L T L w 0 p w H O ;- E N N d r c o E c c= E « «w w O cn w E (!! j� a =O w w E m `-vL c Ns °cu m'0-d'ca) ca c o• d n° cr t 3 w c U M v v Confirmation of the Assembly Appointments to the Mission Lak... Page 325 of 400 AGENDA ITEM #D.2. Confirmation of the Assembly Appointments to the Mission Lak... Page 326 of 400 KODIAK ISLAND BOROUGH e 4 MISSION LAKE "TIDE GATE" SERVICE AREA BOARD NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Marian Johnson 2016 486-5171 kearn(a)gci.net PO Box 945 Kodiak, AK 99615 VACANT 2017 VACANT 2018 This board Is governed by the Kodiak Island Borough Code 4.130 DIRECTOR, BOB TDCKER 48&8343 bWckerlAkotllekek.ua GINEERING AND FACILITIES DEPARTMENT F MILL SAY ROAD OM224 DIAK, AK BBS15 Revision Date: 12/31/2015 Revised by: AM Confirmation of the Assembly Appointments to the Mission Lak... Page 326 of 400 AGENDA ITEM #D.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT MAY 5. 2016 ASSEMBLY REGULAR MEETING TITLE: Confirmation of Mayoral Appointments to the Marijuana Task Force. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Kodiak Island Borough Assembly adopted Resolution No. FY2016-31 on March 17, 2016. This task force is tasked to advise the Assembly and Administration on any and all aspects, impacts, and concerns related to the legalization of marijuana. A copy of Resolution No. FY2016-31 is attached to this packet. The created membership will consist of 11 members. Applications were received from the following: • Martin Barton • Tuck Bonney • Monique Lewis (At Large Seat) • Theodore Panamarioff (At Large Seat) • Shelly Paulson • Joanne Shaker (Marijuana Advocate) • Janiese Stevens • Jonathan Strong (Medical Seat) • Nicholas A. Troxell Jr. (Marijuana Advocate or Business Seat) • Brent Watkins (ChairNice Chair/At Large) Clerk's note: Mayor Friend noted that he will announce his appointments at the work session. RECOMMENDED MOTION: Move to confirm the following Mayoral Appointments to the Marijuana Task Force as reflected in the attached list. Kodiak Island Borough Confirmation of Mayoral Appointments to the Marijuana Task F... Page 327 of 400 AGtNUA 11 LM iFU.3. A(itNUA II tM W).3. AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 330 of 400 T� n O =:R z C^ �1 C 4 Nm n lS } 3 w O "2O 6.1 Y o `m $ � U ' x d S2 $S a a u ME m o E O 3 S o EQ ooh vi J m li U S2 ` u' ° J� E m A o ogn O v E a '^ N,1 m a U 1 c z' c 3 m m o O € Q ( H $ _ U. 0 W N �& O a s � c m \ c. c O o f °Ejt z CE Z E 3 9 f 1 T n a 4 �', E' LOy m .E Q T)) 13v `J o o N w .{ E '^ q E a❑ - c V Q m° 20 s O U H a `o �i E :' 'vi T V a v 'a s m 0 c S WS d m yi 6 -CEq a 'm e 3i 4 w m m m e c .° iri L r ` .m a e,. a E E �L p a 0 s U E m m s .rn W Q .. v; u " a � E —1 — m 1- i s m_ o =- a 'o 3' Ta m vi E m u �° m m a y -11 aN m JJ OI vm m M 0 n: 3 m z¢ w w p 3— U p O O N = 0 y al ns �. r� ca C c m E a o a' •� € c W m o ai 3 N u m Z o o >. E a Y m? m m E o 3 v '� Do to. �. N O N 2 L O a1 0 L al C O LL E O N of t° O N N O O E N T L N °� O E O. U E} N O is O N j O m U `m C 'OO p N Q U w U L¢ E i, m e y •E p w o o m a 33 o o o m ai :_ m a R m .mYmo Er oE - m Lia y o n _m O>mE E npOO m a � c a c m o m C� m cd w E 52 o o o o o c a' o m m m `m m` E c o E Y m O a m 3 d t 3 m c U a v Z P o c0) 00 Confirmation of Mayoral Appointments to the Marijuana Task F... Page 330 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 331 of 400 Laurie Pardoe From: norcpty@civicplus.com Thursday. March 24, 2016 3:25 PM To: Clerks =RECEIVED,Sent: Subject: Online Form Submittal: Board Application FormBoard Application Form Please complete the online form below. Please be aware that the Information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting inlormation. PERSONAL INFORMATION Select the Board, Select One Commission, or Committee applying for Designated seat or group MARIJUANA TASK FORCE, I DONT SEE IT AS AN tepresenlalion (if applicable): OPTION Full Name Jantese Stevens Residence Address 326 Nava Way Mailing Address PO Boz 8593 Email Address (This address istevensOak.net will be used for • correspondence) Home Phone Number 9079425618 (numeric only) Work Number (numeric 9075122726 only) Cell or Fax Number (numeric 9079425618 only) Employer/Occupation CPA sell RESIDENCY INFORMATION Length of residency in 30 years Kodiak t Confirmation of Mayoral Appointments to the Marijuana Task F... Page 331 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 332 of 400 Registered to vote in Yes Kodiak? FOR SERVICE AREA BOARD APPLICANTS Length or Residence in Field not compleled. Service Arca ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on No other Boards, Commissions, or Committees? If yes, which Field not completed. Organizations you belong to Field not completed. or participate in Explain your main reason for I would like to be on the Marijuana task force as a potential applying license holder and general member of the community. What background, I am a CPA and a small business owner In Kodiak experience, or expertise will you bring to the board/commi tice/commission membership? Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board missets three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y_,L N Applicant's Residence: Borough City Date of Appointment Term Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A Attached —. On File 2 Confirmation of Mayoral Appointments to the Marijuana Task F... 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Page 334 of 400 y o m .ma ❑ z _ t m �. a a2 N I m G]Sl U 4 E n ? c Ira Q czg Y miE ¢ N m o m c u'ji s m m m n J A am E `m n C E O p O S 2 u a¢ s n a u �_ m C O C E c m LL1 N C O W a Q Q r ! _ m L m m m'4 W a N OF C 7 RM m� y ¢ c W = m E E O m mqi ❑❑ g y ¢ m m g -_ e m v x n u n m oI m\� rnE c 2 ¢ a m V� o yy� .. E'cOa i� m u! 'E `? C y 0 0 41 Y __ c o c r m Z E u e W Z .. cm m �" 2 e rn m °i Oid a m m E n •__ E Y gg ¢ m m e E c m $ Q m m n E m x m t N m& c rn m d m jj m M a a 3 m z¢ 2 w Z w 0 w U O E O O != 0 y m Y O m y O° -� Uc° T X > r m m aEi3 a Q _ W Zoo E m ? o mLmn a O LL 0 vi ca NELO Z' Ya O m'O O UJ ON OCY> 2 U=� al N .L-• C m C to m E o a L Y E m E y N o- a) m `m o m m o EL } L C 00 Q (i pd a) Y O V Q d Y3 N OE m N L T r O C E d O O a1 ymE E 3 amm Q c ca N m OQOL C/3a _ca m R E Om m a moUm 2 00 = �¢V >o m c > c m 0 ca rn o v m E o o o y m m mc, m 2 E o E LQo. umw> a Q O S `o Confirmation of Mayoral Appointments to the Marijuana Task F... Page 334 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 335 of 400 d c. _ z m M O T Z :a GJ m rr �,y. J ii�}•' p SX (YZ N a ii -9 `D Q k w•� V E p c 3 O" � Er .• Q � ae n S r¢ m (� `0 Q i 3 7 tl1 U S z m a c _ 3 3 e ,0 (� O x + c ,n y L? �. d 1l E -y 4-3 Ol q o O m V 6 C .g N O m a �_ m W X, E 6 m m 3 S ; a 5 N z t_p .s J i Y E o? m •3 _ c oa 0 k = U ti a U a Og c m m m x @> `� •� m n v Q s- 6 r o� m E. 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OFFICE OF THE BOROUGH CLERK a 710 Mill Bay Road, Room 101 Kodiak, AK 99615 _ Phone: (907) 486-9310 Fax: (907) 485-9391 clerks@kodiakak.us APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES, AND COMMISSIONS Board/Committee/Commission: Marijuana Task Force Designated seal or group representation (if applicable) : At Large Please be aware that the Information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting Information. Name: Monique Lewis Daytime Phone: 907486-0838 Residence Address: 36158 Chlnlak Hwy Evening Phone: 907-654-5580 Mailing Address: PO Box 5616 Cell Phone: 907-654-5580 Email Address: Monique@lewismanagementak.com Fax Number. Length of Residence In Kodiak:2 years Registered tovote in Kodiak? Q Yes �Jo Please provide one of the following: Date of Birth, _ Last 4 digits of SSN# Employer/Occupation:Self Employed/Consulting and Property Management Organizations you belong to or participate in: Chlnlak Library Board of Directors; Women's Bay Fire Department; Worship Leader— Abba Father Christian Fellowship Explain your main reason for applying: There Is no public safety seat specifically and I think that Is one area that needs to be addressed (aside from law enforcement). This is a challenging opportunity to develop a complex process that has the potential of extremely positive Impacts to the community. What background, experience, or expertise will you bring to the board/committeelcommission membership? I spent 15 years doing program development. For my consulting practice. I will be attending a conference and one of the classes I plan to attend Is about Manufacturinq Hazards. Are you available for regular meetings? YES pursuant to IgBC 2100.070 (k6) Other than by eV IMUM of the members farm, the assembly shall declare a 11661 vaeanl when a member misses three consecutively held regular meetings arm] Is not exmwd. Signature of Applicant: Date: — A resume or letter of Interest may be attached, but Is cwt required. This applimlion will be kept on Ale for one that there may be an application deadline. Application deadlines, if applicable, am available on tie www.kodiekak.us or In the Notice of Vacancy announcements advertised in the Kodiak nM/V u;.. 1�tlo -STAFF USE ONLY- •._. Mo: ,�, flegiW11d vderd tlm eo Ye. No( ) AW%oanV'.Re.k1—Bomph(Vf afty() Appdmmera Letter. Rntar. Oete :(d.4 elenp tx+be) APR p '"6 o.thdolnm: Dale dAppoNtrnsx: Term Elaine arc APOCP srelbmortM eohedI )On Fee J Confirmation of Mayoral Appointments to the Marijuana Task F... Page 336 of 400 AGENDA 7£m #D.3. Confirmation of Mayo&Ap«ntm entstothekenaTk F.. Page 3�y4o t\f2a=f/] mmz\$\\�\}\■� o _ /k LL 0 —2 @®§:±\/_E)\ S SS}B» ,0 «o��&;E)%em#® FSS�f�%)§$#»i BE »■&|{#%6e±a, § 2 2 /ƒ E]|(75 < a0m ®k) _ \j\)ƒ ® _ - - E21 ` {/ : \kJ) - Jk�\EO 4i.eeta - w / !I AGENDA 7£m #D.3. Confirmation of Mayo&Ap«ntm entstothekenaTk F.. Page 3�y4o t\f2a=f/] mmz\$\\�\}\■� LL 0 —2 @®§:±\/_E)\ S SS}B» ,0 «o��&;E)%em#® FSS�f�%)§$#»i »■&|{#%6e±a, § 2 2 /ƒ E]|(75 < AGENDA 7£m #D.3. Confirmation of Mayo&Ap«ntm entstothekenaTk F.. Page 3�y4o AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 338 of 400 Angela MacKenzie `' From: noreplyCacivicplus.comVEQ_ Sent Tuesday, April 12, 2016 7:54 PM To: Clerks Subject Online Form Submittal: Board Application For i ppR 1 3 2016 iowc, n Board Application Form ctnlns�. Please complete the online form below. Please be aware that the Information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting Information. PERSONAL INFORMATION Select the Board, Marijuana Task Force Commission, or Committee applying for Designated seat or group Medical representation (if applicable): Full Name Jonathan Strong Residence Address 421 Curlew Way Kodiak, AK 99615 Mailing Address PO Boz 1024 Email Address (This address Jonistmna®vmait.com will be used for correspondence) Home Phone Number 9076545546 (numeric only) Work Number (numeric 9074662203 only) Cell or Fax Number (numeric 9074854503 only) Employer/Occupation Senior Citizens of Kodiak Inc. RESIDENCY INFORMATION Length of residency in 29 months Kodiak 1 Confirmation of Mayoral Appointments to the Marijuana Task F... Page 338 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 339 of 400 Registered to vote in Yes Kodiak? FOR SERVICE AREA BOARD APPLICANTS Length of Residence in Field not completed. Service Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on No other Boards, Commissions, or Committees? If yes, which Field not completed. Organizations you belong to Kodiak Area Mentor Program or participate in Explain your main reason for To help serve my community and give input to the KIS applying assembly. What background, I am a certified chemical dependency counselor, registered experience, or expertise will addiction specialist clinical supervisor, certified addiction you bring to the treatment counselor, Medicaid certified care coordinator board/committee/commission and Alaska Department of Labor division of vocational membership? rehabilitation community rehabilitation provider. I have been the lead substance abuse counselor at a residential rehab program, and have experience working as an outpatient counselor as well. I am the Vice President of the Kodiak Area Mentor Program where I'm on the board as well as a mentor who Is in the Kodiak jail on a regular basis facilitating a support group and facilitate a weekly support group in the community. My wife and I operate a sale and sober apartment for women and an addiction education, case management and counseling agency here In Kodiak. Are you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y / N Applicant's Residence: Borough city_ Date of Appointment x Confirmation of Mayoral Appointments to the Marijuana Task F... Page 339 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 340 of 400 Tenn Expires On Appointment Letter Roster Oath of Office APOC POFD Statement: N/A Attached On File Confirmation of Mayoral Appointments to the Marijuana Task F... Page 340 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 341 of 400 Kodiak Island Borough " Office of the Borough Clerk 1J 710 Mill Bay Road r_ Kodiak, Alaska 99615 a "r Phone(907)486.9310 Fax(907)486-9391 EMAIL: njavier@%jRDkodiakfak.us +tA0.vrer®Wod lcLWQR.u5 BOARD APPLICATION /' nn NAME: '&EU.E�( 1'i.La-SOfJ �,,�� �{� -EP, 3`f ^ o �� /� - .4 HOME PHONE: L�WORK: E-MAIL:.. �iQ�.td.(SQNI, �( OL -K, l� STREET ADDRESS: q6?- MALLARD 1.JP y MAILING ADDRESS: SAMIR I9y LENGTH OF RESIDENCE IN KODIAK: IN ALASKA: tYi ARE YOU A REGISTERED VOTER IN KODIAK?! YES b;+ NO( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES ( NO( ) COMMUNITY ACTIVITIES: SQ. geIDC F PROFESSIONAL ACTIVITIES: 1�.�1a PfdARMAUS-i AREA OF EXPERTISE AND/OR EDUCATION: 12t��Irs a{ Pweuc >stcly tit SEPP�O DAAefn,, . DFFtcrR I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List In order of preference) p 1. �1 NP -i AMP,-TASY 1 Q) 2. 3. 4. u eg X01'PCIRI 20, C ,signature .L4&kxo Fo¢ NF;y Date A resume or letter of interest maybe attached, but Is not required. This appilcation will be kept on file forma year. Please return the application by the advertised deadline. srsn meoa�r mwmR R b,„ dmm ti mRr—CQ ED AWb'+.Rwbw.avognl dRll Romr T.mdeAun Cmmeu Mli[McFl UUMe OFTICE KMlM AUSKA Confirmation of Mayoral Appointments to the Marijuana Task F... Page 341 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 342 of 400 Laurie Pardoe From: RECEIVED noreply@civicplus.com Sent: Wednesday, April 27, 20161:14 PM To: Clerks APR 2 7 2016 Subject: Online Form Submittal: Board Application Form NaRJJm1 �a tiryB O�rICE aWW( AtAS`N Board Application Form Please complete the online form below. Please be aware that the information given on your application is made available to the public. Staff will require the use of a mailing address, email address, and contact phone number to provide board and meeting information. PERSONAL INFORMATION Select the Board, Marijuana Task Force Commission, or Committee applying for Designated seat or group At Large representation (if applicable): Full Name Theodore Panamariolf Residence Address 810 Hillside or Mailing Address BIO Hillside or Email Address (This address ledoani Camall.com will be used for correspondence) Home Phone Number 9079420680 (numeric only) Work Number (numeric 9079420680 only) Cell or Fax Number (numeric 9079420680 only) Employed0ccupalion sell employed RESIDENCY INFORMATION Length of residency in 56 years (Borough) Kodiak Confirmation of Mayoral Appointments to the Marijuana Task F... Page 342 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 343 of 400 Registered to vote in Yes Kodiak? FOR SERVICE AREA BOARD APPLICANTS Length of Residence in Field not completed. Service Area ORGANIZATION MEMBERSHIP INFORMATION Are you currently serving on No other Boards, Commissions, or Committees? If yes, which Field not completed. Organizations you belong to Holy Resurrection parish, past KANA Board member, 3 or participate in lime Shareholder Commifla of Koniag Inc., past board member of Ouzinkie Native Corp, Ouzinkie Tribal member. Served on Bora Project Advisory Committee, past member of Alutiiq Museum Board of Directors Explain your main reason for I would like to see the will of the voters upheld, to add my applying vote and reasoning on this very important issue. What backgmund, My previous board, committee experience, lifetime Borough experience, or expertise will resident, good listener, work well with others, medical and you bring to the recreational use of marijuana In the past. Former substance board/committee/commission abuse counselor. membership? Am you available for regular Yes meetings? Pursuant to KIBC 2.100.070 (A.6) and 4.15.070 (A.7) Other than by expiration of the members term, the assembly shall declare a seat vacant when a member of the board misses three consecutively held rgular meetings and is not excused. FOR CLERKS OFFICE STAFF ONLY Registered Voter of the Borough: Y_,/— N Applicant's Residence: Borough_ City Date of Appointment Term Expires On Appointment Letter Roster 2 Confirmation of Mayoral Appointments to the Marijuana Task F... Page 343 of 400 AGENDA ITEM #D.3. Oath of Office APOC POFD Statement: N/A Attached On File Confirmation of Mayoral Appointments to the Marijuana Task F... Page 344 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 345 of 400 Kodiak Island Borough Cc& Chapter 5.02 MARIJUANA BUSINESSES - Chapter 5.02 MARIJUANA BUSINESSES" Sections: 5.02.010 Marijuana businesses prohibited. 5.02.020 Enforcement. e Code reviser's note: Section 2.fOnJ. FY2016-17 reads, "This ordinance.hal be in elfect through February 29, 2017 " 5.02.010 Marijuana businesses prohibited. The operation efmarijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores anywhere within the Kodiak Island Borough is hereby prohibited. [Ord. FY2016-17 §4,20161. 5.02.020 Enforcement. A. A violation ore provision of this chapter is an offense punishable by a penalty not to exceed a fine ofS],000, in addition to the surcharge required under AS 12.55.039. Each day that a violation continues constitutes a separate violation and is subject to a separate rine. B. Notwithstanding the availability of any other remedy provided by the provisions of this code, the borough or any person aggrieved by a violation of this chapter my institute a civil action for injunctive relief to enforce these provisions in any court ofcompetentjurisdiction. [Ord. FY2016-17 §4, 2016]. 111c Kodiak Island Borough Code is eunent through Ordinance F1'2016-17, passed March 3, 2016. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 345 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 346 of 400 1 Introduced by: Assembly member Rohrer 2 Requested by: Assembly member Rohrer 3 Drafted by: KIS Clerk 4 Introduced on: 03/17/2016 5 Adopted on: 03/17/2016 5 7 KODIAK ISLAND BOROUGH a RESOLUTION NO. FY 2016-31 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 ESTABLISHING A MARIJUANA TASK FORCE 12 13 14 WHEREAS, on November 4, 2014, Ballot Measure 2 was approved statewide by the voters; 15 and 16 17 WHEREAS, Ballot Measure 2 also allows for the Borough to prohibit and/or Implement 16 regulations governing the number, time, place and manner of marijuana cultivation facilities, 19 manufacturing facilities, retail stores and testing facilities; and 20 21 WHEREAS, there are many Issues and factors to be considered by the Borough in deciding 22 all the local Issues associated with the legalization of marijuana; and 23 24 WHEREAS, the Assembly is creating a Marijuana Task Force to advise the Assembly and 25 Administration on any and all aspects, Impacts, and concerns related to the legalization of 26 marijuana; and 27 26 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that there is established a Kodiak Island Borough Marijuana Task Force. 30 31 Section 1: Created -membership. The formation of the Task Force will consist of the 32 following eleven members. The quorum for this committee is attendance of six members and it 33 takes a majority vote of those present for a motion to carry. 34 . 2 Borough Assembly Members 35 . 2 City Council Members 36 . 1 Medical Professional 37 . 1 Law Enforcement 36 . 1 Retail Business Owner 39 . 1 Marijuana Advocate 40 . 3 members at large 41 42 Section 2: Organization. The chairperson and the vice chairperson are assigned by the 43 Borough Mayor. The Chair person shall report to the entire Assembly on behalf of the Task 44 Force. 45 46 Section 3: Appointments. The Mayor shall appoint the members of the task force subject 47 to confirmation of the Assembly. The City Council members are appointed by the City Council. 46 49 50 Kodiak Island Borough Resolution No. FY2016-31 Page 1 of 2 Confirmation of Mayoral Appointments to the Marijuana Task F... Page 346 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 347 of 400 51 Section 4: Powers and duties. The scope of review of the task force includes, but not 52 limited to: 53 . Land use 54 . Law enforcement 55 . Revenue 56 . Regulatory compliance 57 . Cultivation 58 . Manufacturing 59 . Retail Stores 60 . Testing 61 The responsibility of the task force is to offer advice and recommendations to the Assembly and 62 administration on both the upsides and downsides of any issue related to or impacted by the 63 legalization of marijuana. 64 65 Section 5: Administrative assistance. The clerk's office staff shall provide the committee 66 with supplies, meeting space, and secretarial assistance. 67 68 Section 6: Reporting. The Task Force chairperson shall report to the Assembly during a 69 public meeting. 70 71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 72 THIS SEVENTEENTH DAY OF MARCH 2016 73 74 75 KODIAK ISLAND BOROU H ATTEST: rrol fie rough Meyor 76 Nova M. Javier, M C, Borough Clerk Kodiak Island Borough Resolution No. FY2016-31 Page 2 of 2 Confirmation of Mayoral Appointments to the Marijuana Task F... Page 347 of 400 AGENDA ITEM #D.3. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 348 of 400 From: Marlar, Debra [mallto:dmarlar@dty.kodiak.ak.us] Sent: Friday, April 29, 2016 10:38 AM To: Nova Javier Cc: Branson, Pat; Kniazlowski, Aimee; Tveri Mike Subject: City Marijuana Committee Hi Nova, The City will form a marijuana committee to problem solve moving forward with marijuana activities inside the City limit. At aur work session Tuesday the Council voiced a compromise for the City to adopt an ordinance for a six-month apt out. Some Councilmembers did not want any opt out and others wanted a longer apt out, and they agreed on six months. It is the City Council's Intent that the two Councilmembers to be appointed to the City committee will be Randy Bishop and Laura Arboleda who are the two Councilmembers designated for the Borough Task Force. The Council believes that having them on both the Task Force and short-term City Committee will facilitate regular, consistent communication between the two groups. The Council Is very Interested in the findings of the Borough's Task Force as both the Borough and City move through this process. Deb Debra Marlar, MMC Clerk, City of Kodiak Phone 907 486-8636 Fax: 907 486-8633 Email: dmarlar(IDcitv.kodiak.ak.us Messages to and imm this e-mail address maybe available to the public under Kodiak City Code provisions and Alaska State Statutes. Confirmation of Mayoral Appointments to the Marijuana Task F... Page 348 of 400 AGENDA ITEM #D.4. KODIAK ISLAND BOROUGH AGENDA STATEMENT r.' APRIL 28, 2016 ASSEMBLY SPECIAL MEETING k ; TITLE: Declaring a Seat on the Assembly Vacant (Assembly Member Mel Stephens). ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Assembly member Mel Stephens submitted his resignation from the Borough Assembly on April 25, 2016. His seat expires October 2016. Since there are more than 90 days remaining in his term, the procedures for filling vacancies per KIBC 2.25.060 will be followed. Staff asks that you accept this resignation immediately so the advertising process can begin. RECOMMENDED MOTION: Move to accept, with regret, the resignation of Assembly member Stephens from the Borough Assembly for a seat term to expire October 2016, and direct the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough Declaring a Seat on the Assembly Vacant (Assembly Member Mel... Page 349 of 400 AGENDA ITEM #D.4. Declaring a Seat on the Assembly Vacant (Assembly Member Mel... Page 350 of 400 2.25.060 Declaring and filling vacancies. A. The assembly shall declare an assembly member's seat vacant when the assembly member 3. Resigns and the resignation is accepted; C. If less then 90 days remain in a term, the vacant seat shall not be filled. If a seat is declared vacant and more than 90 days remain in the term, then the clerk shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The assembly shall review the applications and may interview applicants. Not later than 30 days after the seat is declared vacant, the assembly shall appoint from among the applicants a qualified person to fill the vacant seat. D. In appointing a person from among the applicants, the assembly shall utilize the voting procedures specified in KIBC 2.30.040(A) for the election of the deputy presiding officer. E. Notwithstanding subsection C of this section, if the membership of the assembly Is reduced to fewer than four assembly members, then the remaining assembly members shall appoint as many qualified persons to the assembly as is necessary to once again constitute a quorum. The assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven days after the quorum was reduced to less than four assembly members. F. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. Declaring a Seat on the Assembly Vacant (Assembly Member Mel... Page 350 of 400 AGENDA ITEM #D.4. Declaring Vacancies and Filling Seats (Assembly) Timeline per KIBC Code • if less than ninety (90) days remain in a term (of office), the vacant seat shall not be filled. • If a seat is declared vacant and more than ninety (90) days remain in the term, then the clerk shall: KIBC 2.25.060 Declaring and Filing Vacancies: Assembly member Mel Stephens A. The assembly shall declare an assembly member's submitted his resignation on April 25, 2016. seat vacant when the assembly member: 3. Resigns and the resignation is accepted; C. If less than 90 days remain in a term, the vacant seat Assembly to declare seat vacant on shall not be filled. If a seat is declared vacant and more May 5, 2016 than 90 days remain in the term, Term expires: October 2016 Certification of Election: October 20 End or term: October 23 Remaining days in tens as of May NEO takes office: October 24 5, 2016 - 171 days then the clerk shall publish reasonable public notice Advertising begins: May 6 of the vacancy and, for 14 days after the first publication thereof, receive applications from persons Accept applications Interested in being appointed to the vacant seat. The assembly shall review the applications and may Appoint by: June 5 Interview applicants. Not later than 30 days after the Possible Interview dates: seat Is declared vacant, the assembly shall e000lnl from May 26 Special Meeting and also among the applicants a qualified person to fill the vacant to Appoint/Administer Oath of seat. Office D. In appointing a person from among the applicants, the May 26 Interview and appoint on assembly shall utilize the voting procedures specified in June 2 Regular meeting KIBC 2.30.040(B) for the election of the deputy presiding officer. F. Persons appointed to Till a vacancy shall serve until Now member will serve until the next regular election, at which time a successor certification date of the election, shall be elected to fulfill the remainder of the unexpired October 2016. tens of office. Declaring a Seat on the Assembly Vacant (Assembly Member Mel... Page 351 of 400 AGENDA ITEM #D.4. Declaring a Seat on the Assembly Vacant (Assembly Member Mel... Page 352 of 400 2.30.040 Organization and deputy presiding officer. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one othis person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate, the candidate with the fewest ballots shall be dropped from the list of candidates until thise are two remaining and balloting shall continue until one candidate is elected. Declaring a Seat on the Assembly Vacant (Assembly Member Mel... Page 352 of 400 AGENDA ITEM #D.4. Declaring a Seat on the Assembly Vacant (Assembly Member Mel... Page 353 of 400 MELVIN M. STEPHENS, 11 RECEIVED • rnornaioxu conr9nxnox ATTORNEY AT LAW I APR 2 5 2016 a]B CENTER AVENUE. SUITE BOA P.O. BOK 1129 L KOaIAK. AIASKA 99615 8[AtOUGH CLEI+JC80FFICE TELEPHONE 19071 48B3163 KOUTAI(AUBKA MEMORANDUM April 25, 2016 T0: Nava Javier, Clerk Kodiak Island Borough I hereby resign from the Kodiak Island Borough Assembly. The ipad issued to me accompanies this notice. Please see that my name is removed from the roster or assembly members and that any and all passwords issued to me are cancelled as soon as possible. / 7r Mel Stephens Declaring a Seat on the Assembly Vacant (Assembly Member Mel... Page 353 of 400 AGENDA ITEM #A. 1. ARCHITECTURAUENGINEERING REVIEW BOARD REGULAR MEETING March 15, 2016, 5:30 p.m. Projects Office Conference Room CALL TO ORDER CHAIR ARNDT called the meeting to order at 5:30 p.m ROLL CALL Board Members present were Chair Scott Arndt, Bill Barton, Cliff Ford, and Colin Young. Kelsea Kearns, Steven Neff, and Rick Ryser were absent. Also present were Dave Conrad, KIB Construction Inspector/Engineer, Kathie Peters, KIB Projects Assistant, and Tony Yorba from Jensen Yorba Lott. Brian Pekar and Zach Cawvey from RSA were present telephonically. A QUORUM WAS ESTABLISHED. APPROVAL OF AGENDA YOUNG moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES FORD moved to approve the minutes from March 8, 2016. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 95% DRAWINGS FOR PETERSON BOILERS AND CONTROLS Tony Yorba discussed changes from the 65% drawings. Brian Pekar walked through the mechanical/electrical specifications; he indicated very few changes from 65%. YOUNG moved to approve the 95% documents for the Peterson Boilers and Controls ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 95% DRAWINGS FOR PETERSON/MAIN GYM FLOORING Tony Yorba discussed changes from the 65% drawings; he also went over new contractor access plan. YOUNG moved to approve the 95% documents for the Peterson/Main ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. ArchitecturaUEngineering Review Board Regular Meeting APR 2 0 2016 Page 1 of 2 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 354 of 400 AGENDA ITEM #A. 1. ARCHITECTURAUENGINEERING REVIEW BOARD REGULAR MEETING March 15, 2016, 5:30 p.m. Projects Office Conference Room REVIEW OF 95% DRAWINGS FOR EAST ELEMENTARY ROOF Tony Yorba discussed changes from the 65% drawings. Scott Arndt noted that the Middle School metal roof has been removed and will now be a separate project. YOUNG moved to approve the 95% documents for the East Elementary Roof ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY, PUBLIC COMMENTS None STAFF COMMENTS Tony Yorba indicated that it is most cost effective to replace the structural steel with galvanized steel on the KMS canopy, provided that no foundation work is required. BOARD COMMENTS Bill Barton pointed out on the East Roof drawings sheet A201 references A301, which was not included, Tony Yorba will add to package. He also pointed out on page A101 the word "dislrub" should be "disturb". ADJOURNMENT YOUNG moved to adjourn the meeting VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 6:19 P.M. Kathie Scott AFndt, Chair Architectural/Engineering Review Board Architectural/Engineering Review Board Regular Meeting ./Z/ / Date 11 -le -/6 Date March 15, 2016 Page 2 of 2 Architectural/Engineering Review Board Meeting Minutes of Me... Page 355 of 400 AGENDA ITEM #A. I. FIRE PROTECTION AREA NO.1 BOARD REGULAR MEETINGIPUBLIC HEARING ON B&GET March 1, 2016 6:05 p.m. BAYSIDE FIRE HALL pno .; 7916 1. CALL TO ORDERIPLEDGE OF ALLIEGENCE CHAIR ARNDT called the regular meeting to order at 6:03 PM Iwm.d\ tf 2. ROLL CALL Board Members present were Chair Scott Arndt, Rebecca Nelson and Paul Van Dyke. Also present were Chief Howard Rue and Secretary Jenny Clay. Board Member Richard Carstens and Jeff Halcomb were absent. 3. ACCEPTANCEIAPPROVAL OF AGENDA NELSON moved to accept and approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF MINUTES — February 9, 2016 NELSON moved to approve the regular meeting of February 9, 2016 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT VAN DYKE moved to acknowledge receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS None. 7. CHIEF REPORT Chief Howard Rue presented the Board a power point presentation showing Fire and EMS calls. Accomplishments this month include fixed lights on Squad 10, working to find problem on lighting system on Engine 10, continue to test hose with documentation, ground ladder repair and testing, Chief Mullican of the City of Kodiak informed the volunteers of the Fire Fighter I course in which there are 9 volunteers interested. The six month course will start in a few weeks. There has been considerable training on Monday nights making use of the bum buildings. Rebecca Nelson has worked diligently updating all paperwork. OSHA did an inspection last fall. There were 23 items addressed that were inspected and reviewed. He has worked hard trying to resolve those issues. There were fines levied but not closed. He was waiting on a final review and meeting with OSHA. There are 10 items we received no fines as work was completed. Fire Protection Area No. I Board Regular Meeting March 1, 2016 Page I of Architectural/Engineering Review Board Meeting Minutes of Ma... Page 356 of 400 AGENDA ITEM #A. 1. 8. CHAIR REPORT Chair Arndt mentioned that they were working together and would bring future requests at the next meeting. 9. PUBLIC HEARING A. FY2017 Budget -Char Arndt requested a motion to approve the Budget before the public hearing. VAN DYKE MOTIONED to upprove the Budget for 2017 as presented. Chair Arndt closed the regular meeting and opened the public meeting. Chair Arndt hearing and seeing no public comment closed the public meeting and opened the regular meeting. Board discussion ensued. Chair Arndt pointed out main expenditures of a Tanker $440,000, Pickup $32,000 and Paving $60,000. ROLL CALL VOTE ON MOTIONED CARRIED 3 TO 0. 10. NEW BUSINESS None. 11. VISITOR COMMENTS None. 12. BOARD COMMENTS R. Nelson — In the packet there was information on Action Training Systems. This was a tool the department would use for instructors as well as volunteers. H. Rue — The Action Training Systems shown in the packet would replace the one discussed at the last meeting. This met more of the needs of the department. P. Van Dyke — Really appreciates the direction the Station was going. There was team effort and it showed. He thanked Chief Rue. S. Arndt — The Chief has been very busy. He will be out of town for a while in March. Things will be in capable hands with Deputy Chief Mathers. As a cooperative effort everything was progressing well. He was very proud of what has taken place. 12. NEXT MEETING SCHEDULE Next Regular Meeting will be determined by the Chair. Fire Protection Area No. I Board Regular Meeting March 1, 2016 Page 2 of 3 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 357 of 400 13. ADJOURNMENT VAN DYKE moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 6:26 PM. SUBMITTED BY: Date: A1151g016 Jenny Clay, lFbard Secriffary KIB Engineering/Facilities Department APPROVED BY: KFA1 00 1 Chair Scott Arndt Fite Protection Area No. I Board Regular Meeting AGENDA ITEM #A. 1. March 1, 2016 Page 3 of 3 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 358 of 400 AGENDA ITEM #A. 1. Kodiak Island Borough Planning and Zoning Commission Minutes January 20, 2016 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the January 20, 2016 regular meeting of the Planning & Zoning Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Jay Baldwin due to being sick. Commissioners present were Scott Arndt, Barry Akenhof, Maria Painter, Alan Schmitt, and Greg Spalinger. Excused was Jay Baldwin. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Jay Baldwin. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Pederson, Jack Maker, Sheila Smith, and Sara Mason. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the December 16, 2015 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to three minutes per speaker) I Agenda Items not scheduled for public hearing and general comments. Local number is 486-3231; Toll Free is 1-855-092-9202. APR 1 4 71116 None PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local number is 486-3231; Toll Free is 1.855-092.9202. A. CASE 16-004 (Postponed from the December 16, 2015 Regular Meeting). Request a Comprehensive Plan amendment to change the Future Land Use Designation of a t 6.26 acre portion of Tract B, U.S. Survey 4793 from Conservation to IndustriallLight Industrial (KIBC 17.205). The applicant is the City of Old Harbor. The location is Kizhuyak Drive, Old Harbor and the zoning Is R7 -Single-family Residential. Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 1 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 359 of 400 AGENDA ITEM #A. 1. Note: 46 public hearing notices were malled on November 4, 2015 and 1 response have been received. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of a t 26.9 acre portion of Tract B, U.S. Survey 4793 from Conservation to IndustriaVLighl Industrial (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as 'Findings of Fact' for Case No. 16.004. Maker reported this request was postponed from the December 15, 2015 regular meeting so it could be heard at the same time as a rezone request for the same site (P&Z Case No. 16-009). Both requests are part of the City of Old Harbor's effort to Increase economic development potential in the community. Efforts so far have included improvements to the harbor, dock, and airport facilities. In addition, a Conditional Use Permit was recently approved for a hydroelectric project [hat is expected to break ground in early 2017. To further improve economic development potential, Old Harbor hopes to rezone this site to I -Industrial to encourage industrial development that will benefit the local economy. This request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to IndustriallLight Industrial is a necessary prerequisite to rezone the site from R1 -Single-family Residential to I -Industrial. If the Future Land Use Designation is changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and the subsequent rezone approved, the City of Old Harbor could then seek permits to establish any permitted or conditional use in Industrial zoning. The City of Old Harbor has also agreed to the Commission's recommendation to expand the area of the site from t 8.26 acres to t 28.9 acres as shown In the written staff report. Staff has determined that no further advertisement is required for the expansion and the recommended motion has been updated accordingly. Staff has determined that the amendment is consistent with various objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Staff recommends that the Commission forward this request to the Borough Assembly with a recommendation for approval. Open public hearing: None for this case. Jonathan Strong called re: Case 16-007. His comments are under Case 16-007 public hearing. Close public hearing: During discussion, COMMISSIONER PAINTER inquired about the two different zoning designations, which is due to a Comp Plan change and a rezone. Commission discussion FINDINGS OF FACT 1. The site is of sufficient area (t 26.9 acres) and is capable of providing suitable building sites for the full range of Industrial uses. 2. The site Is near compatible industrial development (AMHS ferry dock) and appears to be adequately separated from the nearest institutional and residential development (church, cemetery, vacant PHS building, and single-family residences). 3. The site appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The I -Industrial zoning performance standards (KIBC 17.105.060) should further ensure that there are no negative impacts with future industrial development. 4. The amendment is a necessary prerequisite to rezone the site from R1 -Single-family Residential to (- Industrial. Approval of the amendment and a subsequent rezone will allow Industrial development that will provide potential for economic growth within the community of Old Harbor. 5. The amendment Is consistent with the adopted 2006 Comprehensive Plan guidance for identifying new industrial locations. The amendment will also facilitate a rezone that will further implement various objectives of the plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 2 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 360 of 400 AGENDA ITEM #A. 1. B. CASE 16-009. Request a Rezone of a + 8.26 acre portion of Tract B, U.S. Survey 4793 from R1 - Single -family Residential to (-Industrial (KIBC 17.195). The applicant Is the City of Old Harbor. The location is Kizhuyak Drive, Old Harbor and the zoning is R1 -Single-family Residential. Note: 0 public hearing notices were mailed on December 14 and 0 responses were received. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of a +26.9 acre portion of Tract B, U.S. Survey 4793 from R1 -Single-family Residential District to I -Industrial District (KIBC 17.195) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact' far Case No. 16-004. Maker stated this rezone request follows the request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial. Should that amendment be approved the rezone would be consistent with the site's future land use designation and the same Comprehensive Plan goals, policies, and implementation actions listed in the written staff report for the amendment request. The rezone also satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. As was the case with the Comprehensive Plan amendment request, the recommended motion has been updated to reflect the expanded site area. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The site is of sufficient area (t 28.9 acres) and is capable of providing suitable building sites for the full range of industrial uses. 2. The site is near compatible industrial development (AMHS ferry dock) and appears to be adequately separated from the nearest institutional and residential development (church, cemetery, vacant PHS building, and single-family residences). 3. The site appears to be capable of accommodating the full range of industrial uses without negatively Impacting the surrounding area. The 1 -Industrial zoning performance standards (KIBC 17.105.060) should further ensure that there are no negative Impacts with future industrial development. 4. Approval of the rezone will allow industrial development that will provide potential for economic growth within the community of Old Harbor. 5. The rezone is consistent with the adopted 2D08 Comprehensive Plan guidance for identifying new industrial locations. The rezone will also further Implement various objectives of the plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 16-007 (Postponed from the December 16, 2015 Regular Meeting). Request an ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to include development standards for accessory dwelling units in the Borough. This ordinance will also amend the following KIBC Chapters to specifically list accessory dwelling units as a permitted use: • 17.50 (C-Conservalion District) • 17.60 (RR2-Rural Residential Two District) • 17.65 (RR -Rural Residential District) • 17.70 (RR1-Rural Residential One District) • 17.75 (R1Single-famlly Residential District) • 17.80 (R2 -Two-family Residential District) • 17.85 (R3 -Multi -family Residential District) The applicant is the Kodiak Island Borough. The location is borough wide and the zoning Is all Residential Zoning Districts. Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 3 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 361 of 400 AGENDA ITEM #A. 1. Display ads were published in the newspaper on January 11" & 18" and the agenda was published on January 61°. Motion on the table from the December 16, 2015 regular meeting: COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings), and related Chapters of Title 17 (Zoning) to include the standards for accessory dwelling units in the Borough and to specifically list accessory dwelling units as a permitted use in all residential zoning districts, and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-007. Director Pederson reported you have the cover memo that you just went through with a motion, the suggested substitute ordinance for Case 16.067. This ordinance reflects the concepts you talked about at the work session last week and those are highlighted in yellow on pages 4, 5, and 7 of that ordinance. Those are the areas that we revised the ordinance for substitution to reflect discussions at the work session. You also have a memorandum to the commission from him dated January 6'" addressing some issues raised at the public hearing in December, and you have a copy of the legal opinion from the bomugh attorney on a question of notice an this issue. In addition, Sheila Smith handed out to you the comments received today. There's also COMMISSIONER PAINTER sent an email to Smith with suggestions for this ordinance. COMMISSIONER PAINTER had a parliamentary inquiry re: this motion that COMMISSIONER SCHMITT made, all should be removed in certain zoning districts should be in its place because we got rid of R-3. If she's going to make a 2n° amendment does she go ahead like she would do a regular amendment, Director Pederson stated the motion on the floor from December was to adopt the ordinance as you had In front of you on that dale so now you have in front of you a suggested substitution so if you move to amend by substitution then this would be the ordinance on the floor for discussion and then if you wish to make any motions to amend it would be amending from this amended ordinance. COMMISSIONER SCHMITT MOVED TO AMEND by substitution the attached ordinance amending Chapter 17.25 KISC Definitions and 17.160 Accessory Buildings and related Chapters of Title 17 Zoning to Include development standards for accessory dwelling units in the borough. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Director Pederson staled the substitute ordinance would add under the intent language in 17.160070 on line 161, the language that ADU's are not intended to allow a two-family residence In the R1 zoning district and #2 ADU's are not intended to circumvent the parking requirements for a two-family dwelling(duplex) in the R2 zoning district. That was one of the concerns of the commission expressed at the work session. The next change was on that same subsection 17.160070 and this is C6 as to size limit. It reads within the Conservation, Rural Residential, Rural Residential One, and RR2 zoning districts and the ADU and it established the size limit of 800 square feel and in the RI and R2 districts it established it as 650 square feet, and then in D under #6 an ADU an attached accessory building as follows from the changes above Is limited to 800 square feet in the C, RR, RR1, and RR2 zoning districts and ADU's and attached accessory buildings in the R1 or R2 zoning districts are limited to 650 square feet. Then the language that was suggested last week, what Mr. Strong was talking about, #6E would read mobile homes, recreational vehicles, campers and travel trailers are not permitted to be used as an ADU. The last change was the very last line of the ordinance, on page 7 of 7, line 299; under the two- family residential district, it slates accessory dwelling units when there is a single-family residence on the property, not a duplex to make that clear. The other change that you don't see is, because it was just stricken from the draft ordinance was taking out the R3 zoning district. Open public hearing: Jonathan Strong called in during Case 16.004 in support of ADU's. His concern is that a mobile home or a manufactured home unit cannot be an accessory dwelling unit and he asks that the commission consider that because some families can't afford to build a new construction accessory dwelling unit but if they had a mobile home that fit within the square footage requirement and is only one bedroom, one Kodiak Island Borough January 20, 2016 Commission Minutes Page 4 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 362 of 400 AGENDA ITEM #A. 9. Ginny Shank spoke in opposition stating she lives on Woodland Drive. She's of the opinion that this proposed ordinance should be considered a zoning change, not a code change since it affects all residential zones and now with the elimination of the R3's and will eliminate single-family low density neighborhoods designated in the Kodiak Island Borough Comprehensive Plan. The present situation is the Planning and Zoning Commission and the Borough Planning Office staff has persistently called this a code change only. However, if passed in its present torn it will effectively eliminate all single-family dwelling neighborhoods since ADU's will be approved for all residential zones. Whatever happened to the Comprehensive Plan that labeled some areas low density for single-family residential? The attorney's opinion seems to be a matter of semantics to what zoning really is as opposed to code change and not really laking into consideration the long-term effects. Hypothetically, under the present zoning code a properly owner on an RR or RR1 lot wants to build another dwelling on the property in addition to the one he lives in, he would first have to apply for a zoning change to R2 because of the zoning plus he would have to apply for a variance to the Comp Plan because what he wants to do Is not In line with that plan. In addition, the borough would have to notify his neighbors about the plan and listen to neighbor's comments before making a ruling. Under this proposed code the same property owner does not have to apply for a zoning change, a variance to the Comp Plan, or notify his neighbors. To her this seems Ike bypassing the process that only has been put in place for the borough to ensure that orderly development takes place for the benefit of the whole island, which is the responsibility of Planning and Zoning. She would like to see the borough mall out notice to all effected property owners, all residential property owners In all zones except R3 now on the whole island. At least all affected property owners will have correct Information about what this will mean. The Planning and Zoning Commission and Planning Office still needs to answer the questions that some of us have been asking since the first public hearing. What Is the definition of affordable or workforce housing. Has a study been done on what the need really is? Has a study been done showing that the need for R2 property has economic analysis been done about the impact about this proposed ordinance? How about the impact on the existing Infrastructure; sewer, water, garbage, and roads? The details of allowable height, placement of an ADU is not clear. Right now where she lives, she could build an ADU the size of an Aleutian home. Who is actually benefiting from this code change? People who want an ADU and want to bypass the present system? Do you really think this will help the people who have to move out of Jackson's Trailer Court? Creating a code like this because of non-compliance, people have said there are already a number of ADU's out there in residential areas so if we pass this then they will be in compliance. What kind of idea is that to pass an ordinance in order to bring those apartments into compliance? That seems like an enforcement problem and if this ordinance is passed, the Enforcement Officer is going to have a very hard time enforcing everything that you are containing In this code change. Look at the big picture, you may think there will not be any significant negative impact but you need to be thinking of the future. What will Kodiak look like in 20 years from now? It is you job to represent all of us and protect residents from unorganized development. Judi Kidder addressed the comments that Jonathan Strong made and she does not believe mobile homes should be ADU's. It is designed to be like a mother in law apartment or when you son comes home from college they are small. She does not know where the Idea that ADU's were a solution for Jackson's that came from the Planning and Zoning Commission. That Is not an option that we feel is realistic. We would like a place to move our existing homes and that has nothing to do with ADU's and nothing to do with the solution that is going to help anyone in Jackson's. There are some wires crossed and she wanted to clear up that confusion. She does support the ADU ordinance; there is a need for it because there are professionals who come to town to work at the hospital who cannot find affordable housing or an elderly relative so it is ideal for those kinds of things. With it being tied to single-family residents she sees that she doesn't think it should be a permitted use and It should be a conditional use and there should be a public process so that neighbors get to say whether they will be impacted or not. It should not just be carte blanche for everyone because of the restrictions, setbacks, and everything else that has been discussed at the P&Z work sessions. There are a lot of lots where It just would not apply so it Is not going to affect everyone in Kodiak. She supports ADU's but thinks it should be conditional use. Leo Kouremetis stated Woodland Acres 1" Addition is a neighborhood of 1 acre or less size lots with single-family dwellings and zoned RR. This is why he bought here, and everyone else who bought here knew and understood that when they purchased their properties. He is here to oppose the current proposed ordinance of the Planning and Zoning Commission to change the zoning from RR to essentially an R2 designation by allowing ADU's everywhere. His opposition to this ordinance is not for personal monetary gain but for the protecting the integrity of Woodland Acres and other neighborhoods. It has not Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 5 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 363 of 400 AGENDA ITEM U.1. been widely advertised as promised by Planning and Zoning at their last meeting. This drastic change would affect potentially every residential property owner and residential nelghborhood in the entire borough. In our neighborhood contrary to some opinions, the majority of property owners that he has spoken to are not in favor of this sweeping change. Most had no idea that this was being proposed and wonder why they were not notified, He's concerned on many levels of what impact this proposed change will have in the borough and specifically In his neighborhood, such as increased density, no more single- family properties, tax impact, ADU size and ADU setbacks, storage space for these ADU's, and there are a lot more. This proposed ordinance seemed to have been concocted without to the long-term plan and to the appearance of our town. The perception is that with this proposed ordinance is anyone can build anything they want, as enforcement Is already a problem. Today on Facebook there was a comment relating to ADU's, quote "This means that if existing apartments inside homes will now be compliant." What is that all about? They weren't compliant but they will be compliant? He has attended a few meetings of Planning and Zoning work sessions and regular meetings and have been concerning as to the conversation has been only one sided. Please consider both sides. Hopefully you can take more time with this issue, have more constructive meetings with citizens who are affected and address both sides of this contentious issue keeping a transparent dialogue. He hopes that you will take his concerns seriously. All he asked is that your recommendations are fair and unbiased without the perception of anyone having a conflict of interest. He thanked the commission. Cheryl Boeland staled she is in favor of this ordinance. She agrees that It should be a conditional use because what she believes with a conditional use it is more controlled. If we think enforcement is a problem then we need to talk to our enforcers and encourage them to continue or get better at enforcing zoning, building, uses that may be under the eaves of a house that nobody knows about. She thinks this Is a way to build small places on lots that have been thoroughly looked at, meets all the setbacks and everything to give the opportunity for people to live here affordably. She thinks that is affordable housing. It does not mean they will live there forever but it could be a transition place. If 8 Is controlled through a conditional use, it can be done orderly. She is not sure that the building that has been going on in Kodiak for how many years, she would not call it orderly so this is not going to make it any worse. She thinks 8 RRt Is high density you would not put an ADU there unless they had a big lot, and usually the big lots are outside of residential areas. She supports this but It should be conditional use. John Butler slated he has been an active contractor in Kodiak for thirly-five years. He also sits on the City and Borough Code Review Board as well as the Building Cade Board of Appeals. He feels moved to establish accessory dwelling units is not a move toward more affordable housing. His point is stated In line 180 & 181; page 4 of agenda item 16-007, all buildings will comply with all applicable building code requirements. He does not know if anyone has investigated this or done this but he did take the time this morning to stop at the Building Department to ask if anyone from this commission or anywhere has asked them what is going to be required for Building Codes on this. The answer was no, no one had at this point In time. Our Building Department is compiled a very comprehensive 21 page list of code items that would have to comply with for life safety of a tenant or tenants in a building, duplex style or an ADU, whatever the case may be. As a landlord, this is a requirement that should never be overlooked. Any structures that is attached or within the structure requires a totally different protocol of codes, and haw will the homeowner feel when they arrive at the doorstep because they were told they can take this house and tum it into basically a duplex, and they have this dream of $10,000 going in to change this house over, hypothetically, to tum this into another dwelling for a rental. They arrive at the Building Department and their $10,000 dream is now $100,000. As a contractor, he has seen this many times with remodels and with remodels that he has done on his own properties. There Is this thing that they were only going to charge $1000 a month and figured it would be paid off in 10 months and now it's 10 years or more so It's out the window. If this were to pass in any way and with talking with the Building Department a unit that is totally detached from the existing unit would be more acceptable if this ordinance were to pass the Assembly mainly because they could control it a little better as for the codes and things of that sort because the codes gel more strict when you go into a house and start doing this or If it's attached In any forth to the existing structure. When the ADU limits residency to two people how does this alleviate the housing problem for families of more than two people. What if the family of two has a baby, are you going to kick them out? Who's going to kick them out? That does not make sense; this is per line 211, item 7. Then he goes to lines 206 & 207 as far as allowing mobile homes and things of that sort, travel trailers as an ADU is totally unacceptable In a residential area and has been for years and should continue to be so. Are we going backwards with our property and investments? Will we be back to the 60's living in shacks, if you have seen pictures of before the earthquake and so on? We have built standards and we have good standards these days and good construction and let's keep it that way. Also lines 159 8160 of 007 Kodiak Island Borough Planning 8 Zoning Commission Minutes January 20, 2016 Page 6 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 364 of 400 AGENDA ITEM #A. 9. 'ADU's are not Intended for transients or B&B's so it is a rental, It's something you are expecting someone to live in hopefully for a year or more so keep that in mind as well. He is not in support of ADU's and he does not feel this will create affordable housing unless it's done illegally and a lot of it is illegal at this point in time, and sometimes it's better to ask forgiveness after the fact and that's what It would do it would give forgiveness after the fact. We're not going to stop illegal units being built and what not, we can't police the whole community and never will unless you put 6, 8, or 10 people on board to patrol it and enforce it then you would have government control Ictally. He thanked the commission for all they do for the community and let's hope things work out better. Lisa Koslelecky staled she is a licensed real estate agent and owns real estate in [own with at least four rentals. These ADU's would probably affect her In a good way if she wanted to although she is opposed to ADU's. She shows many properties to people and people buy those homes not just based on the house they are looking at but their neighborhood. Some of these homes are fairly expensive homes and when they buy into that neighborhood they have an expectation as to what they are buying and what she is selling them. First thing she usually tell them is to contact Planning and Zoning to find out how that properly Is zoned and what to expect when they purchase it as to what they can and cannot do with It. She finds this to be more than just a text change, if you are changing how many people are living there even if it is just two it does change the scope of the neighborhood. She does own a rental property on Woodland Drive and it has a lot of room for an ADU however, the tenants she has now their only complaint they have about her property is that there is a lot of traffic already on Woodland Drive. Our house is the second one back so they have an abundant amount of traffic already there that they are dealing with. If we allow these ADU's the traffic will Increase so that is a concern for her. Some other concerns are she is wondering about places with septics, she sees many septics in this town that were not put in with standards that we have today and if ADU's are allowed she would hope that we would have some kind of Inspection process for those septics before they would be allowed on properly. She also did not see anything in this code that addressed garbage either so she wondered if that would also be something that would be added in so you would have to have a second garbage bill for that ADU, we have a huge trash problem so she would hate to see that not addressed somewhere. In addition, to echo some of the other concerns she thinks enforcement Is a huge issue. She goes into many of people's homes, invited in and she gets to see what they have. There are many enforcement Issues that are not dealt with right now and she does not see how you can deal with what you have here. It locks great on paper but she does not see how the borough can enforce it. You do not know what Is going on behind those doors right now and you are not going to even when you put this on paper so you are giving away the goose on this one. Her last concern is the appraised value, she did read the memorandum and she doesn't think she would be so concerned about the appraised value to the house that has the ADU as the home that has two ADU's next to them in homes. If you have bought a $500,000 or $600,000 home and all of a sudden your two neighbors put ADU's what does that do to your appraised value of your home. Has anybody checked with the local appraising office, they come to town at least twice a month and she would suggest consulting with them to see how that would affect the appraisal of homes that already exist today. She would hate to see the value of peopte's homes go down and she thinks that covers pretty much what hasn't been talked about. She is opposed to ADU's and she thanked the commission. Chris Kostelecky stated he is opposed to the ADU's. He is a builder In town and he can see all kinds of problems. He deals with issues on a daily basis with zoning, building codes, and there were many valid points tonight in reference to those things. One quote from the lawyer's opinion that he did gel out of this that he does not agree with. He has a vacation rental adjacent to his property; he has an RR1 properly on Abercrombie. If this passes, he could dissolve the property line in-between his home and the vacation rental and make his vacation rental an ADU. It's 590 square feet. In his eyes, it does not meet the ADU prescriptive method but what happens in this case. Does the borough have to lower my overall value because now it would not be two lots It would be one loll We are talking about trying to fix problems and we are creating more problems. Infrastructure Is huge, property values is a big concern. If he lived at the bottom of Monashka with septic and well, we all know what runs downhill. It Is not pretty. There are so many things to consider here. The quote 'it's just a text change is reminiscent of If you like your doctor you can keep your doctor. As a small business this year Obamacare would have cost me $28,000 and he has to pay the fine, he cannot afford healthcare. He has lived in a trailer for 20 years; he struggled, scrimped, saved, and then he lore it down and built a house so you really do not know all of the different scenarios that can come into play unless you have gone through the process seeing some of the things, the convolution. For example, we are an a four sewer main in his area so then you run into the convolution of whose sewer pump is it? Do you have multiple people paying for the sewer pump or fixing R, there are iust issues that are eoinp to come up with this and he is definitely opposed to ADU'e. Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 7 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 365 of 400 AGENDA ITEM #A. 1. Dan Ogg slated he has sat where the commission sits and knows how difficult it is to deal with Issues and trying to solve problems. This is a long term planning issue for the community and it needs to have that kind of attention paid to it under a microscope. It is not something you want to move forward this quickly without thinking about It. He thinks the notice, he agrees with other folks who talked about the notice, he disagrees with the attorney's opinion; you can slice attorney's opinions any way you like. One opinion Is one way and one opinion is another way. At some point, someone wilt make a decision but he thinks you really have to look at the four comers of what's going on here and before this ordinance goes through you have nice single-family neighborhoods and if someone wanted to change one of those neighborhoods they had a process they had to go through. Say they want to upgrade to an R2, if they were in an area where the Comprehensive Plan needed to be changed to do that they would need to do that and notice the individual property owner's around them. This is a prolective device for neighborhoods, the Comprehensive Plan allows people to plan, put their money in on a piece of property, and grow their investment. If their neighbors want to change that area and they are all on board with it that is one thing but this particular instance if you use a code change opinion you do not have to notice the neighbors. They will not be aware. He has talked to many folks to ask them about this code change, this awareness and are they aware of it. Folks just do not know and they do not even know this is going on. Most of the folks he talked to they say they are against it because they do not think k Is a good thing and they do not want to see their neighborhood changed. There are some people he has heard that are in favor of it, and he read it. What was really surprising to him on the notice and awareness, Mr. Schmitt and Mr. Akenhof were there at the City Council meeting he went to last week and talked to them about this code change and there was kind of this look on the council members face like what is this all about, we haven't heard this. He talked with some council members afterwards and they Indicated no, this is the first they have heard about it. They had discussion and Mr. Schmitt gave a fairly great portrayal to them at that meeting, and now the City Council will have some more dialogs on this Issue but as of Tuesday, last week they had no (dee. He was in Port Lions for Christmas and visited with the former mayor and he brought the subject up to him. He had no idea that this was going on and it would affect his community because they are basically R1. Most of the villages are R1. So the notice Issue Is somewhat lacking here, we are not getting it out to people something this important. Ogg thinks it really is a rezone, it Is just a different way to accomplish a rezone and he thinks you need to lake that extra step and notice folks. He also thinks that some Information really isn't here and he's listened a couple of limes to the information that's been put forth, and he's heard things like they're doing It down south and it seems to be going OK down there, there's not much opposition, doesn't seem to be much of a problem, everyone that was talked to seemed to be In favor of it (that's what some people said), some people say that people have already done this so we're just going to make it legal. These are sort of the comments that were put forth in justification of moving forward. That is not really data. Here are my comments to you about most people he has talked to and they seem to be against it but that Is just hearsay. What we really need here is we need some data, we need a definition of what Is affordable housing, this ordinance doesn't get you there and he thinks John Butler talked to you pretty clearly. It does not gel you affordable housing. What is the definition of workforce housing? Is this housing for schoolteachers, Is It housing for cannery workers, what are we talking about here? There is no definition or discussion of that. There Is no study, no data, no Independent data done by the borough, at least we asked last time of a need of this type of housing that this would create so he thinks that needs to be accomplished. There was a question asked last time of how many requests have the Planning Commission or Community Development Department received in the last 10 years to rezone property from R7 to R2 so you could do exactly this type of thing. No answer. Has there been any study that shows how many R2 units are actually needed by our population? No answer to that. Has there been an economic impact analysis of what this ordinance would do and he thinks other people are speaking more eloquently about is it going to Increase the value of our properties, decrease the value of properties. People in single-family neighborhoods certainly want to know that, that is their prime Investment in life, their one piggy bank. Those questions need to be answered before we move ahead. He's not against a dwelling but he's against this ordinance the way It's written; additional dwelling unit or a grandpa or granny apartment, those are some good things but he thinks you can draw them much lighter, you can make them explicit, you can make them so they're enforceable. This particular one is not really enforceable based on the way we live here. If the ordinance is going to require that the owner live In one of these units, first, who's going to enforce that and how are you going to enforce that. Secondly, it does not fit our island, the Coast Guard personnel rotates on a 3 -year basis. They come here and then off they go. They do not sell their house when they go off to Pensacola or wherever, what are they going to do, have an empty house. That is what the code requires, If they are not there, nobody can be there. If someone gets lucky and gets to be an IFO holder of Gulf Rationalization, if Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 6 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 366 of 400 AGENDA ITEM #A. 1. This code would say they have to leave it empty. Those two Issues, fairness and data are things that are definitely necessary and he thinks it is too premature on this one. He had some short recommendations that may be helpful; to postpone this ordinance until you have the notice and data so folks could look at that and the commission could look at it and maybe craft something that's tighter, perhaps you want to create a sub -committee of folks who are in favor, folks who are opposed, and with a member of the Planning and Zoning Commission chaidng that group so you can gel kind of both ideas and come out with something. There is a lot of folks here that had some good Ideas, good folks in the community that would be an asset to work towards that. Another thought was you could create a new zone, call 112 -Light, and adjust the Comp Pian to create areas where 112 -Light could be located. A quicker way to help folks out is to create a grandpa -granny conditional use permit that allows a person to put an extra Irving quarters in their home. The permit must be exact with drawings showing dimensions and layout of the quarters and the permit would expire when the owners sold their home. That is how Anchorage dealt with the issue. There are other ways to do it and he hopes the commission moves in those directions. Ogg thanked the commission. Close public hearing: COMMISSIONER SCHMITT MOVED TO POSTPONE this to our February Regular Meeting agenda. COMMISSIONER SCHMITT was in favor for getting as much input as we can and earlier today at the Borough Lands Committee meeting he brought up the issue of getting some input from the City Public Works Department on the capacity issues for the sewer and water systems. We haven't had any indications previously when cases have come to us that that is an issue but it seems to make sense to gel that information. He would also like to see, and he knows that there have been additional newspaper ads and that Director Pederson appeared on KM%T's Talk of the Rock and maybe some other Ideas for getting the word out more so we can explore that over the next month. COMMISSIONER PAINTER wanted to say that we are postponing and that will be a third month, 90 days that people have had the opportunity to discuss, write in, oppose, whatever they want to do. She doesn't know what else we can do to Inform other than we can wail around until everyone gets tired and doesn't want to do anything, that's always an option but she thinks we've done the best we can to inform people, it just may be that they don't care either way. There are a few people that are adamantly opposing it and some that are for it but she believes that we are doing the best we can to inform the public. We just can't lake advertisement and spend money foolishly. Again, this is the third month and we started out actually in October mentioning it and then we have had the public meetings, work sessions, and everyone has had the opportunity to write in, call in, or speak publicly so she just wanted to clear that up. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY D. CASE S16.007. Request Preliminary approval of the replat of Parcel C and Tracts C and E, Port Wakefield Subdivision creating Lots C1 and C2 Peregrebnl Point Subdivision (KIBC 16.40). The applicant is the City of Port Lions. The location Is NHN Kizhuyak Drive, Port Lions and the zoning is I -Industrial and PL -Public Use Lands. Note: 7 public hearing notices were mailed on November 24, 2015 and 2 responses were received. COMMISSIONER SCHMITT MOVED TO POSTPONE Case No. S16.007 to the February 17, 2016 Planning and Zoning Commission regular meeting. Director Pederson staled we do not have a staff report for that but there was a very detailed survey involved with this property that led to a number of questions. Staff has been working with the city and the surveyor to work through those. They are amenable to postponing so we can continue those discussions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY E. CASE 16-005. Request a Conditional Use Permit to construct a warehouse on Lot 5 and a portion of Lot 6, Block 33, East Addition Subdivision (KIBC 17.200 and 17.90.030.E). The applicants are Anne and Vito Kalcic. The location Is 817 Tagura Road and the zoning is B - Business. Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 9 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 367 of 400 AGENDA ITEM #A. 1. Note: 41 public hearing notices were mailed on November 24 and 2 responses were received. COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit, per KIBC 17.200 and 17.90.030.12, to construct a warehouse on Lot 5 and a portion of Lot 6, Block 33, East Addition Subdivision, subject to three (3) conditions of approval and to adopt the findings of fact listed In the staff report entered Into the record for this case as *Findings of Fact' for Case No. 16.005. Maker stated this conditional use permit Is to allow construction of a t 2,800 square fool warehouse on an 8,571 square foot Business zoned site. Warehouses are listed as a conditional use for Business zoning. The site Is across from the boatyard and canneries, which is very noisy. Previously on the site there was a business downstairs with a single-family residence upstairs. The applicants were finding it hard to rent out the residence due to the noise emanating from the intensive industrial uses. The sites location between residential uses and industrial uses make it appear well suited for a warehouse. A warehouse is a less Intensive use than other Business zoning uses that could be obtained without a conditional use permit. In an effort to streamline the permitting process staff incorporated the required screening review into this conditional use permit request. The applicant requests no screening be required between the warehouse and the adjacent residential uses. Staff has determined that the no screening option Is consistent with the character of the surrounding area. A recommended additional finding of fact stating that no screening Is required Is Included In the written staff report. Staff has determined that the recommended conditions of approval will ensure the warehouse satisfies the intent of B -Business zoning, is consistent with the adopted Comprehensive Plan, and meets all conditions necessary for a Conditional Use Permit to be granted. Staff recommends this Conditional Use Persil be granted, subject to three (3) conditions of approval. In response to COMMISSIONER SCHMITT'S Inquiry of Maker said the no screening requirement was going to be included in the conditions of approval, Maker said it's actually included as an additional finding of fact and it's referenced in the report. If the commission sees fit they can require such screening they can prescribe such screening as a condition of approval. Open public hearing: None Close public hearing: Brief discussion CONDITIONS OF APPROVAL 1. Prior to issuance of zoning compliance, Lot 5 and a portion of Lot 6, Block 33, East Addition Subdivision, shall be replatted into a single lot. 2. Prior issuance of zoning compliance, an updated site plan based on the replat shall be provided. The site plan shall satisfy all requirements of KIBC Title 17 (Zoning). 3. To ensure adequate access for emergency responders, no portion of the warehouse shall be less than five (5) feet from any property line. FINDINGS OF FACT 1. A Warehouse is consistent with the value, spirit, character, and integrity of the surrounding area. The warehouse should also provide a more effective transitional buffer between existing residential and industrial uses than other more intensive uses that could be established without a conditional use permit. 2. The conditional use satisfies all other requirements for B -Business zoning. 3. The warehouse will be engineered and constructed to meet the requirements of the adopted building code. The conditions of approval and zoning compliance permit, building permit, and building inspection processes required for the development will ensure the public's health, safety, convenience, and comfort are not harmed. 4. The site consists of two abutting lots that will be replatted into a single lot. The replatted lot will have unobstructed access from Tagurd Road and will be of adequate size to accommodate the warehouse and all required off-street parking and associated maneuvering areas. The conditions of approval will further ensure sufficient setbacks, buffers, and other safeguards are provided. January 20, 2016 & Zoning Commission Minutes Page 10 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 368 of 400 AGENDA ITEM #A. I. 6. The applicant's request for no screening between the site and adjacent residential uses Is consistent with the character of the surrounding area. Therefore, no onsite screening is required. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY F. CASE 16-006. Request a Conditional Use Permit to construct a warehouse on Lot 8, Block 33, East Addition Subdivision and Lot 1, Block 1, Kodiak Townsite Subdivision (KIBC 17.200 and 17.90.030.E). The applicants are Anne and Vito Kalcic. The locations are 719 East Marine Way, 811 and 813 Tagura Road. The zoning is B -Business. Note: 40 public hearing notices were mailed on November 25, 2015 and 3 responses were received. COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit, per KIBC 17.200 and 17.90.030.E, to construct a warehouse on Lot 8, Block 33, East Addition Subdivision and Lot 1, Block 1, Kodiak Townsile Subdivision, subject to four (4) conditions of approval and to adopt the findings of fact listed In the staff report entered Into the record for this case as "Findings of Fact' for Case No. 16.006. Maker stated this conditional use permit is to allow construction of a t 4,200 square fool warehouse on a 12,053 square foot B -Business Zoned site. The site is located in the same area as the previous Conditional Use Permit request, so this request is similar to that request, including the recommendation for no screening. This site is separated by a lot that is also owned by the Kaldc's that currently has a multi -family residence with three units. Staff has determined that the recommended conditions of approval will ensure this warehouse satisfies the intent of B -Business zoning, is consistent with the adopted Comprehensive Plan, and meets all conditions necessary for a Conditional Use Permit to be granted. Staff recommends this Conditional Use Permit be granted, subject to four (4) conditions of approval, and the additional condition is related to ensuring that the duplex that is on one of the parcels is removed. Zoning Compliance has been issued but before we move forward and approve the replat that residence has to be removed. Open public hearing William Bacus slated he does not understand why no one has gone down to look at it down there. Off the front of the property there is a vertical cut that's almost 20 feet down and there's a 4 foot retaining wall which drops down from there another 16 feet. It Is very dangerous, liability wise, his sisters kids came over the summer, and they couldn't even play out there because it's so dangerous falling off the bank. They could have been hurt. He doesn't understand how the problem is not being addressed of the neighbors. Our yard Is deteriorating and he understands there is a 5 or 10 foot setback but if you drop down 4 feet and then from the shoulder out to the (inaudible) 16 feet. That would almost be about an 16 feet setback that would be safe. I would think you would require some kind of retaining wall or fence be put up there to protect the people on our property or anything else that might fall off on that cliff. He would like to see that addressed before any approval. The single dwelling that needs to be torn down that is another problem in the neighborhood. This needs to be addressed better and more thought put into it before we get a warehouse down there and the size and height of the warehouse and what's the warehouse going to have in it because there are residential neighbors up there. None of the problems has been addressed. He feels one of the conditions should be to address that wall or fence to protect our property and value of our house. Anne Kalcic, applicant, stated she Is happy to address Mr. Bacus' concerns. We do plan to put up a fence however; you have to gel a conditional use permit to go ahead with construction. The only problem we have with this lot is Mr. Bacus has runoff from his lot coming down onto ours and we had to go down to bedrock to build the building, Now we have runoff from his lot running down onto ours, which is something that we will have to take Into consideration. We do have it partially completed but we do plan to take care of his runoff onto ours. Our warehouse will not be abutting the back of the lot; it complies with everything required under our conditional use permit. Close public hearing: COMMISSIONER SCHMITT wanted to note for the record that site plan shows the building will be 13.64 feet at the closest from the rear property line and the rear properly line Is a Z so It will be further than that In manv instances. He feels that is adeeuate. Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 11 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 369 of 400 AGENDA ITEM #A. 1. In response to CHAIR ARNDT'S inquiry about the fence Ms. Kelcic spoke about and asked Maker if that was in the conditions of approval, Maker stated no, the fence is not there, the screening option was what was addressed in the findings of fact. He also said when it comes to whatever cul and slope is required for the construction that would be a matter for the Building Department and Building Code. Director Pederson stated for grading permits more than 6 -foot vertical you have to bench and he doesn't know when this site was excavated. If the Building Department feels it's necessary for structural support to protect that foundation they can deal with that. CONDITIONS OF APPROVAL 1. Prior to Issuance of zoning compliance for the warehouse, the single-family residence on the south portion of Lot 8, Block 33, East Addition Subdivision shall be demolished or otherwise removed from the site. 2. Prior to issuance of zoning compliance, Lot 1, Block 1, Kodiak Townsite Subdivision and Lot 8, Block 33 East Addition Subdivision, shall be replatted Into a single lot. 3. Prior issuance of zoning compliance, an updated site plan based on the replal shall be provided. The site plan shall satisfy all requirements of KIBC Title 17 (Zoning). 4. To ensure adequate access for emergency responders, no portion of the warehouse shall be less than five (5) feet from any property line. FINDINGS OF FACT 1. A Warehouse is consistent with the value, spirit, character, and integrity of the surrounding area. The warehouse should also provide a more effective transitional buffer between existing residential and industdal uses than other more intensive uses that could be established without a conditional use permit. 2. The conditional use satisfies all other requirements for B -Business zoning. 3. The warehouse will be engineered and constructed to meet the requirements of the adopted building code. The conditions of approval and zoning compliance permit, building permit, and building Inspection processes required for the development will ensure the public's health, safely, convenience, and comfort are not harmed. 4. The site consists of two abutting lots that will be replatted into a single lot. The replatted lot will have unobstructed access from Marine Way West and Tagure Road and will be of adequate size to accommodate the warehouse and all required off-street parking and associated maneuvering areas. The conditions of approval will further ensure sufficient setbacks, buffers, and other safeguards are provided. 5. This conditional use permit is not for a public use or structure. 6. The applicant's request for no screening between the site and adjacent residential uses is consistent with the character of the surrounding area. Therefore, no onsite screening Is required. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY G. CASE 16-008. Request a variance to allow an existing residential structure to encroach 2.8 feet Into the required 25 foot front yard setback and to allow the front eaves of the structure to project 3.3 feet beyond the allowable 3 foot projection into the required 25 foot front yard setback on Tract G-6, U.S. Survey 1396 (KIBC 17.80.040.A.1, 17.150.020.A.2, and 17.195). This action is to accommodate a survey error that resulted In encroachments that exceed those allowed by a previously approved variance. The applicant is Mark Salo. The location is 1328 Larch Street and the zoning is R2 -Two-family Residential. Note: §2 public hearing notices were mailed on December 7 and 5 responses were received. COMMISSIONER PAINTER MOVED to grant a variance to allow an existing residential structure to encroach 2.8 feet Into the required 25 fool front yard setback and to allow the front eaves of the structure to project 3.3 feet beyond the allowable 3 foot projection into the required 25 fool front yard setback on Tract G-6, U.S. Survey 1396 (KIBC 17.80.040.A.1, 17.150.020.A.2, and 17.195). Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 12 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 370 of 400 AGENDA ITEM #A. 1. Director Pederson stated he recalled from the work session and Maker did a good job of getting all the numbers In there. The best way to describe this is if this is the street, the previous variance was to put the house right there and that Is where the house was built. The problem was in determining the numbers for the previous variance, 4 was measured from the wrong point so nothing about where the house was going to go has changed at all since the first variance, and there was just this problem with these measurement errors. All the details are in the report and you can look at the drawings. It's to gel it cleaned up from the past variance, Maker stated staff recommends this request meet all the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.195 (Variances) of the Borough Code. Open public hearing: None Close public hearing: Brief discussion FINDINGS OF FACT 1. The lot is encumbered by steep sloping terrain falling away from Larch Street to Lilly Lake. This steep sloping topography has historically caused Issues with Flooding of basements and crawl spaces on neighboring properties. The topography also provides challenges for off-street parking development. The existing structure and site improvements were designed to address these development constraints. 2. The strict application of the provisions of Title 17 KIBC would require that a portion of the existing structure be demolished and reconstructed to meet the setback requirements established by a previously approved variance. 3. The variance will not cause material damage or prejudice to neighboring properties or negatively impact the public health, safety, or general welfare of the surrounding area. As currently constructed, the existing structure and site improvements benefit the surrounding area by providing increased off- street parking and remedying pre-existing drainage problems. 4. The special condition from which relief Is being sought by the variance was not caused by the applicant. The structure was Inadvertently constructed within the required front yard setback due to survey errors that inaccurately identified the location of the front lot line. 5. The variance is not contrary to the objectives of the 2008 Comprehensive plan, as the plan does not specifically address setback requirements. 6. The variance will not permit a prohibited land use. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Discussion on amendments to Title 17 KIBC (Zoning) to establish development standards for a Small Lot Subdivision Zoning District. Director Pederson asked the commission if they wanted staff to queue this up as a possible first public hearing in February. We will certainly have time to discuss it at the work session so we could place it on there for public hearing If you want or not. If we put it on it can always be continued. CHAIR ARNDT stated we still have questions and discussion and basically postpone the discussion at the work session until the next meeting so he would prefer not to see it on the agenda and continue the discussion at the work session. Director Pederson stated it could certainly be on the agenda as a discussion. CHAIR ARNDT staled It is not readVo move forward at this point so it can go on the work session agenda for discussion on February 10 . Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 13 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 371 of 400 AGENDA ITEM #A. 1. B) Background Information on Planned Unit Developments. Director Pederson stated the other two items, B and C are just the background information we still owe Mr. Altenhof a packet from the past before he was on the commission. Commission discussion C) Tract R-2, Killarney Hills Subdivision Planning Discussion-Placehalder NEW BUSINESS A. Elections for Chair and Vice -chair The CHAIR ARNDT opened nominations to the commission for Chair. COMMISSIONER PAINTER nominated Scott Arndt for Chair. There were no more nominations. COMMISSIONER SPALINGER MOVED to close nominations. VOICE VOTE ON MOTION TO CLOSE NOMINATIONS CARRIED UNANIMOUSLY VOICE VOTE ON SCOTT ARNDT AS CHAIR CARRIED UNANIMOUSLY CHAIR ARNDT opened nominations to the commission for Vice -Chair: COMMISSIONER SPALINGER nominated Jay Baldwin for Vice -Chair. There were no more nominations. COMMISSIONER ALTENHOF MOVED to close nominations. VOICE VOTE ON MOTION TO CLOSE NOMINATIONS CARRIED UNANIMOUSLY VOICE VOTE FOR JAYBALDWIN AS VICE -CHAIR CARRIED UNANIMOUSLY COMMUNICATIONS A. December Planning and Zoning Commission Case Results Letters REPORTS A. Meeting Schedule: • February 10, 2016 Work Session -6:30 p.m: Borough Conference Room • February 17, 2016 Regular Meeting -0:30 p.m. B. Abbreviated & Final Approvals —Subdivisions S16-006. Abbreviated Plat Procedure. Final approval of the subdivision of Tract V & W, U.S. Survey 3218 creating Tract V-1, U.S. Survey 3218, Plat 2015.30. COMMISSIONER SCHMITT MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 14 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 372 of 400 AGENDA ITEM #A. 1. STAFF COMMENTS Director Pederson welcomed Sara Mason, Community Development Department's new Associate Planner. There was a second meeting of the Borough Lands Committee today. He described the first meeting as a meeting of organizational meeting and the meeting today they started to focus in and he thinks there was some common agreement to start to zero in on some short (inaudible) and long-term ways of looking at borough property to see if there were smaller parcels that could be easily platted and put on the market where they have a road adjacent and utilities there to see if that could get things moving and continue working on some of the others. That group will be meeting again on February 3"' at noon in the conference room. CITIZENS' COMMENTS (Limited to three minutes per speaker) Agenda Items not scheduled for public hearing and general comments. The local number is 486-3231; Toll Free is 1-855.492-9202. Judi Kidder stated she would have nominated Greg Spalinger for Vice -chair. She welcomed everyone aboard. She also went to the Lands Committee meeting and there was a lot of positive discussion. It is important to think outside the box. Jumping the gun on a lot of things she felt from the beginning that the ADU's were not going to be anything that was going to help anybody in Jackson's because of all that in the binder, the options, and the order was created to supposedly help us because of our timeline. She felt that the Planning and Zoning's timing could have been better spent on other things to help us In the timeline Involved. Many people today talked about the public notification process and it is a real important thing. What happened up there is because of a change of land use, there should have been a public hearing, and we are real property owners under Alaska Statutes. We were not notified and we are suffering a loss of our property because our due process rights were violated. Because of the impact on the community of that procedure, the way things were done with a rubber stamp permit by Community Development Department this caused undue hardship and it will have such an extreme impact on our community. For that very reason alone, the decision should have been made that this is not a rubber stamp process, this should have gone before Planning and Zoning as required under Alaska Statute. Planning and Zoning's purpose is to ensure due process and to take into account the impact to the community as a whole, safety, health, general welfare, rendering all of those people homeless with an administrative decision that Is outside of the powers and duties laid down In borough code was absolutely wrong and should have been more objection on this. The process should have been delayed because we could not have possibly legally complied with what we are up against. You can't physically do something, we have homes and we are not about to walk away from them. The fact that procedure was not followed she thinks this is something that needs to be clearly addressed because lheres some confusion where there's more public hearing for a shed that Is two feet into a setback than making 7 %% of the Kodiak Island Borough's population homeless with a rubber stamp. She thinks there's something seriously wrong and it needs to be addressed, it needs to be fixed, and it needs to be clarified Borough Code 2.80.020 - The Powers and Duties of Community Development Department clearly states that they shall assist the Planning and Zoning Commission and serve the Planning and Zoning Commission to do research and make recommendations. There is nothing in there that gives them the authority to make these kinds of decisions; they should have been run by Planning and Zoning. She thanked the commission. COMMISSIONER COMMENTS Alan Schmitt welcomed Barry Akenhof to the commission. Barry Altenhof said k's good to be here and clearly from citizen comments tonight on the ADU's that has clearly struck a nerve and he's tried as quickly as possible to get up to speed on the background information regarding not only ADU's but all the agenda Items. He thinks he'll be able to do that. He mentioned again that he'll be out of town for the February meetings but he looks forward to hearing from more people so there is a clear the air so to speak dialogue between everyone impacted and he hopes that takes place. He looks forward to the extended discussion. He's glad to be here working with folks. Greg Spalinger welcomed Barry Allenhof and Sara Mason and he is looking forward to working with them. He thanked all the people out there that were listening and came to testify because that is what we need to hear is more from the community. Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 15 Arch itecturallEngineering Review Board Meeting Minutes of Ma... Page 373 of 400 AGENDA ITEM #A. 9. Maria Painter welcomed Barry Altenhof and Sara Mason. She just wanted to say that she is for the ADU's and there may need to be more fixing it up, when people were talking about the wells and septics, etcetera. Maybe that could be a conditional use; it's something to throw out there. She thinks it's really Important not only we listen to the people that have come up here to make their comments but also we kind of forget all the people that had written the comments and they are really Important and so far we have received a lot of positives for the ADU's and we're getting a lot of negatives also In public comment. She just asked the public to be more active In attending the meetings so that we can move forward with this because this Is just one more thing that affords us freedoms of our use of our property. Scott Arndt also welcomed Barry Allenhof and Sara Mason. One of the things that he heard tonight on the ADU's was that we did a little better job on the public notification but there was also comments that there is still a question In many people's minds to whether we should send anything out to all the residential property owner's. His question to staff is approximate cost to do that. Director Pederson staled over $5,000 and that is postage, envelopes, mailing, and that is not counting staff time. He just based that on when we did that before for an item that was in the range of cost and we especially put that Into our budget for that year so we don't have that flexibility in our budget this year. It would have to come from other accounts. He will have to consult with the Manager on that. Scott Arndt said what he heard here tonight is that we are not reaching the villages and he is a little concerned. Director Pederson said at the time of the Code Update we were proposing that all the villages would be rezoned to V -Village which would allow two-family dwellings on every lot in every village and the villages were all In support of that. They have asked several times since then if that was going to come back up to which the answer was we certainly don't want to get away from that because it is consistent with the Comprehensive Plan. The Comp Plan was structured that way to have mixed use zoning in the villages and once we are through these series of code structure amendments that that would be one that certainly we would need to talk about it again. We didn't give a direct notice to the village any different than the other property owner's because of that history in there their broad support for the village zoning which would have allowed this or actually a duplex on every what is now an R1 lot in every village. Scott Arndt said the only problem is that is not what is before us; this is a form of possibly a duplex. Director Pederson said he was saying this in the context of this is something less than a duplex; it's an accessory dwelling as opposed to two full dwelling units on each parcel. Scott Arndt said to him there is not much difference here because it has a full kitchen by the Building Code. Sara Mason said as far as advertising goes she doesn't know how in tune people here are with Facebook, but Facebook advertising is a cheap way to get to many people. You can do targeted advertising for $25 or $50 and it shows up on the sidebar of every person in a zip code. You can also gel statistics with Facebook to see how many people are clicking on your link, how many people are going back multiple times so It just doesn't give you the number of hits it can tell you how many people are looking at it more than once. Depending on what other kinds of stuff you want they can also give you general demographics but it will not give people's names for privacy purposes. If people have certain information linked to their profile it can tell you how many males are looking at it versus females and things like that. The borough also has a Twitter account. Scott Arndt said those were good suggestions but he doesn't go on Facebook and he does not go on Twitter. That is one way but that does not address the villages. One of the things he's been hearing at the assembly meetings Is that certain members of the assembly is concerned about the way things are being advertised In the villages, which is not advertised. We need more discussion on this. Director Pederson said he'd be happy to send a notice to the villages, that is easily done. He's very reluctant about noticing every property owner in the borough because for any other text amendment in the history of the borough that has never been done so if we start that practice it could be financially a very slippery slope opening an expectation that the borough would do that for every single thing they change moving forward. One of the assembly members did come to see him because if some of you Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 16 Arch itecturaVEngineering Review Board Meeting Minutes of Ma... Page 374 of 400 AGENDA ITEM #A. 1. recall in the code process we were, one of the proposals was to go back to the old way the notice was done thirty years ago with the more rural you were the bigger the radius it got in terms of notice in terns of the idea to whatever possible to get the word out to more people. One of the assembly members come to get that language from me because Pederson thinks they are contemplating bringing that back too. Scott Arndt asked Director Pederson if staff is going to send something to the villages would it be one notice would it go to the City Council members just to see that it does not get lost. Director Pederson said we will probably contact the mayor of each village or the tribal council to let them know and ask them how they would prefer it rather than assuming they all want it the same way. Scott Arndt said with the consensus of the commission staff will do some advertising on Facebook, Twitter, and reach out to the villages to see how they would like it and he's open to any other suggestions. Director Pederson said he agrees with what Arndt said but he has a bit of concern about Twitter, we do in our accessing Facebook more often when we have a social media policy through the Manager's Office that deals with Facebook. He doesn't think it extends to twitter yet but we will check that. He doesn't have any problem doing outreach like that and he did reach out to the newspaper and asked if they wanted to do a story and they did not contact him back. KMXT was in two seconds. Scott Arndt said he is not advocating sending a property notice out to everyone but he wanted to talk about this to see. We need to do as much due diligence as we can and he is not seeing as many people here tonight. It is the same people so something we are doing is not working and that is why he raised the question. Sara Mason asked if there is a fair amount of community councils here or is there an association of community councils? Director Pederson said no, we don't have those. Scott Arndt said the City Council did not seem to know and would staff reach out to them too Director Pederson said we have and he'll slate for the record that meeting last Tuesday was the fourth time he had been to the City Council and the fourth time ADU's had been mentioned to the council and mayor at one of their staff sessions. We went for the purpose of talking about all amendments and the Building Officials have been well aware of this for quite some time. ADJOURNMENT COMMISSIONER SPALINGER MOVED to adjourn the meeting VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 0:26 p.m KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Scott Arndt, Chai ATTEST By: Sheila SmOh, ecretary Community Development Department APPROVED: March 16, 2016 Kodiak Island Borough Planning & Zoning Commission Minutes January 20, 2016 Page 17 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 375 of 400 AGENDA ITEM #A. I. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES February 17, 2016 Regular Meeting 6:30 p.m. —Assembly Chambers CALL TO ORDER VICE -CHAIR SCHMITT called to order the February 17, 2016 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE VICE -CHAIR SCHMITT led the pledge of allegiance. ROLL CALL Requested excusal was Barry Altenhof due to being on vacation, Scott Arndt out of town for personal matters, and Jay Baldwin due to medical issues. Commissioners present were Alan Schmitt, Maria Painter, and Greg Spalinger. Absent was Barry Altenhof, Scott Arndt, and Jay Baldwin. Community Development Department staff present was Sheila Smith. ADJOURNMENT Due to a lack of quorum the meeting was adjourned at 6:31 p.m. ATTEST: By: C<)hp Sheila Smith, Secretary Community Development Department APPROVED: March 16, 2016 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Sfc/n Scott Arndt, Chair Architectural/Engineering Review Board Meeting Minutes of Ma... Page 376 of 400 AGENDA ITEM #A. 1. Kodiak Island Borough I Planning and Zoning Commission Regular Meeting APR 2 0 2016 Minutes March 16, 2016 Regular Meeting 6:30 CALL TO ORDER CHAIR ARNDT called to order the March 16, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Amdt, Jay Baldwin, Barry Altenhof, Maria Painter, Alan Schmitt, and Greg Spalinger A quorum was established. Community Development Department staff present was Director Pederson, Jack Maker, Sara Mason, and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SPALINGER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the January 20, 2016 & February 17, 2016 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS (Limited to three minutes per speaker) Local Phone number. Local is 486-3231; Toll Free is 1-855-492-9202. None PUBLIC HEARINGS Phone number: Local is 4863231; Toll Free is 1-855-492-9202. Comments are limited to three minutes per speaker. A) CASE S16-007 (Postponed from the February 17, 2016 Regular Meeting for lack of quorum). The applicant is the City of Port Lions and the Surveyor Is Woods Land Surveys. Request preliminary approval of the replat of Parcel C and Tracts C and E, Port Wakefield Subdivision creating Lots C1 and C2, Peregrebni Point Subdivision (KIBC 16.40). The location is NHN Kizhuyak Drive, Port Lions and the zoning is (- Industrial and PL -Public Use Lands. Jack Maker reported this request seeks to replat two large tracts to create two newly configured lots. One lot (Lot Cl) is 56.2 acres and the other (Lot C2) is 2 acres. Both lots meet I -Industrial zoning lot area and width requirements. Lot C1 is vacant and Lot C2 contains the community fuel dispensing facility. Kizhuyak Oil Sales owns and operates the facility, but does not own the land underneath it. Should preliminary and final plats be approved, the City of Port Lions intends to transfer ownership of Lot C2 to Kizhuyak Oil Sales. Staff has determined that this plat meets the minimum data and design requirements of chapter 16.40 (Preliminary Plat) of the Borough Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 1 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 377 of 400 AGENDA ITEM #A. 1. Code and that the recommended conditions of approval should ensure that the final plat meets the standards of Titles 16 (Subdivision) and 17 (Zoning) of the Borough Code. Staff recommends preliminary approval be granted subject to the 10 conditions of approval listed in the written staff report. Maker staled he made a trip to Port Lions with the Borough Resource Management Officer for a site visit and some other site visits and discuss other business with them. He was able to describe the required conditions of approval and the improvements that are required and the City of Port Lions concurs and agrees to make those improvements. He was able to go on site, boots to the ground to see that the very end of the Tract by the ferry dock, the area is improved and is capable of accommodating fire apparatus tum arounds by putting the easement in place and at the other end of the access road to Tract H, we were able to show them where they could place that. He will be providing that information to the surveyor also. In response to COMMISSIONER PAINTER's Inquiry regarding page 1 of the markup plat, Tract E, she's trying to figure out if Tract E is separate from Tract C on that particular plat because it's Public Use, Maker said that's correct. It's not separate, he can explain. Maker said Parcel C was deeded by Quit Claim by a metes and bounds description that included Tract C and Tract E, Parcel C was never platted so it still exists as Tract C and Tract E. What this platting issue will do is the dash line that goes around Tract D will be vacated that will all be one parcel and they will carve basically Lot C1, the two acre lot that Kizhuyak Oil Sales is looking to purchase. In response to COMMISSIONER PAINTER's regarding Plat 66-11, it shows a Tract E, 19.67 acres, that's a plat and that means there had to be a recording supposedly, there's a stamp, so she's assuming that exists. She knows what Maker is saying but for someone to look at this plat and say yes, there's a Tract E that is Public Use Lands and now we're combining it into a C without any type of public comment on the Public Use Lands because we're making It an Industrial property, Maker stated this action does not rezone that parcel, the boundaries of that parcel even though the lot line will be vacated Tract E, farmer Tract E will remain zoned Public Use Lands. It will result in split lot zoning in that area which isn't uncommon when we run into these larger tracts, if you remember we had the same issue with the Pillar Mountain wind farm tract. COMMISSIONER PAINTER stated her problem with this particular thing here is it's not clear. What we're saying here is "no, we're not really doing a rezone but we're just going to delete the lot lines that says Tract E is Public Use Lands and we're going to pretend that we're going to keep it the way it's currently zoned although we're going to name it C and then later on we're going to forget about it. She understands what you are trying to do but it's very confusing and people aren't going to remember that they can't do that on this piece of property because it's Public Use Lands, now we have to go for a rezone. What Painter is saying Is this is muddy water and it should be cleaned up and that's part of our job to do that. What she's seeing is we're just sweeping things up and then calling it C. She has a hard time with that. Director Pederson slated we are not rezoning, the zoning map will not be changed, the boundaries of the zoning districts are not changing in any way so if any proposal comes forward in the future they have to comply with whatever the zoning is wherever that proposal is located. That's the way the code operates. COMMISSIONER SCHMITT MOVED to grant preliminary approval of the replat of Parcel C and Tracts C and E, Port Wakefield Subdivision creating Lots C1 and C2, Peregrebni Point Subdivision (KIBC 16.40), subject to ten (10) conditions of approval and to adopt the findings in the staff report entered into the record for this rase as "Findings of Fact" for case S16-007. Open public hearing: None Close public hearing: Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 2 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 378 of 400 AGENDA ITEM #A. 1. COMMISSIONER PAINTER stated there's another portion that has to do with the submerged pipeline, we didn't call it submerged but it's the ten foot wide easement for that pipeline. Is there anything that we're supposed to do, has anyone been notified that lher'es actual submerged pipelines in that area that maybe needs some signage, Maker slated the pipelines, to clarify, are not submerged in water, they are buried pipelines. It's the pipeline that goes from the fuel dispensing facility from proposed Lot C2 through Lot C1, and one of the conditions of approval is that pipeline easement kind of slops. It's also a requirement that any utility which it is considered a utility, it's their fuel service for the ferry and other boats that come to that dock facility, we were requiring that they extend that easement and he identified the path of the actual pipelie to the end of Parcel C1, at that point it enters the breakwater and the roadway that goes out to the ferry dock. He can only assume that Kizhuyak Oil Sales followed all Slate and local regulations in regard to the installation in burying that pipeline In response to COMMISSIONER PAINTER's inquiry of is it buried in the tidelands, Maker stated it actually goes out to the edge of the meander line where the water goes and then that's where the built up breakwater with rocks and an improved roadway that goes out to the ferry dock is. It passes all on land above the actual mean high water line. CONDITIONS OF APPROVAL 1. To meet the minimum local road right-of-way width requirement of KIBC 16.60.030.A, a 60' wide public access and utility easement along the existing gravel dock approach road that passes through lot C1 shall be depicted on the Final Plat. 2. The Final Plat shall depict afire apparatus turn around easement where the existing gravel dock approach road exits Lot C1. The easement shall meet the requirements of the adopted fire code, as determined by the Fre Marshall. 3. Prior to Final Plat approval, a fire apparatus turnaround shall be constructed within the turnaround easement where the existing gravel dock approach road exits Lot Ct. Construction must meet the standards of KIBC 16.80 (Standards for road improvements) and the fire apparatus access road requirements of the adopted fire code. 4. To meet the minimum private road right-of-way width requirement of KIBC 16.80.030.A, the width of the public access and utility easement from Kizhuyak Drive to Tract H, U.S. Survey 4793 shall be increased from 40' to 50' on Final Plat. 5. Prior to final plat approval, the existing gravel access road from Kizhuyak Drive to Tract H, U.S. Survey 2005 shall be reconstructed to meet the fire apparatus access road width requirements of the adopted fire code. Construction must meet the standards of KIBC 16.80 (Standards for road improvements). 6. The Final Plat shall depict a fire apparatus turn around easement at the end of the existing gravel access road from Kizhuyak Drive to Tract H, U.S. Survey 2005. The easement shall meet the requirements of the adopted fire code, as determined by the Fire Marshall. 7. Prior to Final Plat approval, a fire apparatus turnaround shall be constructed within the turnaround easement at the end of the existing gravel access road from Kizhuyak Drive to Tract H, U.S. Survey 2005. Construction must meet the standards of KIBC 16.80 (Standards for road improvements) and the fire apparatus access road requirements of the adopted fire code. 8. The 10' wide pipeline easement shall be depicted to follow existing pipeline from Lot C2 to the point at which it exits Lot C1 on Final Plat. 9. Prior to Final Plat approval, the storage container that encroaches across the front lot line of Lot C2 shall be relocated to an area that meets I -Industrial zoning setback requirements. 10. The outer boundaries of Lot C1 shall be identified with solid lines on Final Plat. FINDINGS OF FACT 1. This plat meets the minimum data and design requirements of Chapter 16.40 (Preliminary Plat) of the Borough code. Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 3 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 379 of 400 AGENDA ITEM #A. 1. 2. With the exception of a storage container encroaching across a property line, this plat meets the requirements of Title 17 (Zoning) of the Borough code. The adopted conditions of approval will ensure the encroachment is remedied prior to Final Plat approval. 3. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. 4. The adopted conditions of approval should ensure that the Final Plat meets the standards of Titles 16 (Subdivision) and 17 (Zoning) of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED 5.1. The ayes were COMMISSIONERS ARNDT, BALDWIN, ALTENHOF, SCHMITT, AND SPALINGER. The noe was COMMISSIONER PAINTER. B) CASE 16.010 (Postponed from the February 17, 2016 Regular Meeting for lack of quorum). The applicant is Alaska Wireless Network and the agent is New Horizons Telecom, Inc. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). The location is 1812 Mill Bay Road and the zoning is B -Business. COMMISSIONER SCHMITT MOVED to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty-seven (67) fool tall cellular communications lower that exceeds the B -Business zoning district fifty (50) foot building height limit by seventeen (17) feel on a leased site located at 1812 Mill Bay Road (Airpark Subdivision, Block 3, Lot 4), and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-010. Sara Mason reported staff is proposing to postpone this case based on supplemtnal information that we received a little too close to this meeting. We have an updated site plan that will require another supplemental staff report that we weren't able to get Into the packet. CHAIR ARNDT said this will be the third site plan. Director Pederson stated after your packet review where the property owner expressed concern about the location they proposed at that time, the second location moving it further to the north, he had a third site plan and we said that was too late because packets had already gone out so we recommend continuance. We spoke with the adjoining property owner again today. They've been in contact with the applicant in trying to work out a mutally agreeable location so staff recommends postponing this to your April meeting for action at that time. In response to COMMISSIONER SCHMITT'S comment regarding a note he had from last month and didn't catch it at last week's work session, we have some information In the packet that they have and indeed have applied to the Federal Communications Commission but it would be nice to get the approval as part of the packet. He was going to make that a condition of approval. Director Pederson said he would be happy to see if that has been issued yet and if it's not or their timeframe for that approval would follow after your approval we could enter a condition that they couldn't get the Zoning Compliance to commence construction until they have the actual approval document and a copy to us. CHAIR ARNDT stated since we have it scheduled for public hearing, do we want to hold the public hearing or just wait. Director Pederson stated you should open it for public hearing but he doesn't think anyone is here for that item. Open public hearing: None Close public hearing: Kodiak Island Borough Planning 8 Zoning Commission Minutes March 16, 2016 Page 4 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 380 of 400 AGENDA ITEM #A. I. COMMISSIONER SCHMITT MOVED to postpone this to April 2V regular meeting agenda ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY C) CASE 16-011. The applicant Is Surf and Turf, LLC and the agent is Doreece Mulch. Request a rezone of Lot 1, Sawmill Subdivision from C -Conservation to I -Industrial (KIBC 17.205). The location is 1667 Monashka Bay Road and the zoning is C - Conservation. Note: 6 public hearing notices were mailed on December 15 and 1 response was received. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1, Sawmill Subdivision from C -Conservation District to (-Industrial District and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-011. Director Pederson slated as you know the commission and the assembly recently adopted the Comprehensive Plan Amendment for this site to correct (inaudible) like the other case on tonight's agenda to correct an error In the Comp Plan Update in 2008 that got the mapping wrong. Although the zoning is correct as Conservation, it is now the future land use designation is Industrial so as we put forth in our staff report we think it's appropriate that this property be rezoned to Industrial. It's conistanl with the Comp Plan and there are adequate buffers in place with the greenbelt area of the borough owned property to the north and northeast of this site. There's also a platted greenbelt designation on Lot 2 of Sawmill Subdivision that paralells the Monashka Bay Road there. It also reflects the long standing Industrial and Business uses of this property and we recommend approval. Open public hearing: None Close public hearing: CHAIR ARNDT stated he'd like to see an amendment that returns the $1000 application fee on this case because the Old Harbor Comp Plan Amendment and Rezone change was handled with one fee. It's only appropriate that this fee be refunded because they paid $1000 fee for the Comp Plan Amendment. COMMISSIONER SPALINGER MOVED TO AMEND the motion to refund the $1000 application fee for this case due to already paying the $1000 fee for the Comp Plan Amendment. Director Pederson said he will take that as a recommendation to the Manager because the fees are not part of what the Planning and Zoning Commission does so we will be glad to make that recommendation to the Manager. FINDINGS OF FACT 1. The rezone will recognize long standing industrial uses on this site. 2. The lot is of sufficient area and provides suitable building sites for industrial use. 3. The lot is adjacent to 1 -Industrial zoned land and uses. 4. Adequate buffers between this lot and nearby residential development are established by ordinance and plat restrictions. 5. The lot appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The I -Industrial zoning performance standards listed in KIBC 17.105.060 should further ensure that there are no negative impacts with future industrial development. 6. The rezone is consistent with the adopted 2008 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for identifying new industrial locations. The rezone will also further implement various objectives of the plan. 7. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 5 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 381 of 400 AGENDA ITEM #A. 1. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY D) CASE 16-012. The applicant is N&F Properties, LLCIWilfredo and Yolanda Taboy and the agent is Stephen Foreman. Request a rezone of Lots 10 thru 13, Block 31, East Addition Subdivision from 112 -Two-family Residential to R-3 Multifamily Residential (KIBC 17.205). The location is 910 and 914 Rezanof Drive East and the zoning is R2 -Two-family Residential. Note: 48 public hearing notices were mailed on December 15 and 1 response was received COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lots 10 thru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential District to R-3 Multifamily Residential District and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-012. Maker slated this is a request to rezone four lots from R2 -Two-family Residential to R3 - Multifamily Residential. The four lots in question have been developed as two parcels since the late 1960's, which is explained more thoroughly in the written staff report. A multi -family residence is established on each parcel. Both structures are currently legal nonconforming uses in R2 zoning. Rezoning the parcels to R3 would be an extension of adjacent R3 zoning to the west of the site. The rezone would extinguish the non -conforming uses and allow for expansion of the existing multi -family residences, provided all requirements of current zoning code could be satisfied. The rezone would also allow both structures to be reconstructed as multi -family residences should either structure ever be destroyed by fire or other means, which is prohibited as currently zoned. It is important to note that the rezone will not bind the applicants to the existing multi -family dwelling use. Once rezoned, any use permitted In R3 zoning may be established on either of the parcels provided all requirements of current zoning code could be met. The rezone is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Borough Code for amendments and changes. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. COMMISSIONER PAINTER stated other than the non -conforming use, they have essentially taken, and these are two different applicants applying for the same thing, so there's a line from facing the school from this lot, either Lot 10 or 13 past all the way down is R3, and then it starts Lots 13, 12, 11, 10 which Is the four we are talking about and all the way down is R2. So what they are saying is we want to be R3 even though the lot sizes are so small, we're talking 4000 sq. feet and then you can go up to twelve units in R3, then you have parking to contend with. COMMISSIONER PAINTER is for progress but she doesn't see how this is doable, and she thinks we're giving something that makes no sense. If they were to delineate the lot lines and make Lots 10 and 11 one lot and rezone to R3, and then turn Lots 12 and 13 into one lot and rezone, that's one thing but what they are asking for is four lots that are 4000 feet essentially with one being 4500, they want individual R3's for those lots and she's wondering where all the parking is. Because there's no site plan, no discussion on parking, it's yes they want but what have they produced to show any plans at all other than they want to rezone. Director Pederson stated first of all each property owner owns two lots and the structure straddles the property line so by operation of code and long standing legal opinion In the borough they are de -facto replatted Into one lot so as long as that structure remains they are treated as one lot for all purposes, for subdivision purposes, for assessment purposes, and all those things. Only if the structures were to burn down and be destroyed then they would be considered separate lots and they would have to vacate it to rebuild over the lot line or potentially rebuild on the individual lots but they wouldn't be able to get more than one unit because there is a minimum square footage per dwelling unit in the R3 zoning district. Even In the event they burned down and they wished to redevelope the four lots separately it looks to be that they would only be the size to get one or maybe a duplex but none of the four lots would be Kodiak Island Borough Planning 8 Zoning Commission Minutes March 16, 2016 Page 6 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 382 of 400 AGENDA ITEM #A. 1. big enough to get a three-plex on if the existing lots were burned down or removed. There's no requirement to show any future development plans in a rezone because you can't condition the rezone, the fundamental Issue here is they are grandfathered and they are legally non- conforming. Every so often fairly routinely we get requests from realtors, title companies, or insurance companies wanting a letter that if this bums down could they rebuild it when it's non- conforming and we can't give them that letter because the code is very clear that if it's destroyed in that fashion it could only be rebuilt in accordance with code so that sometimes creates a financing or insurance problem for folks. The only way to cure that is to rezone It. There are already multi -family structures on each lot and Maker went into some detail during the work session about the parking spaces there and the number of units. In a practical sense it would be very difficult to add another unit to either lot because of the parking restrictions. That would be a limiting factor but it helps both property owner's with the structures they have today. Maker stated should the rezone be approved and either of the buildings destroyed any reconstruction would have to meet the requirements of current code including all the parking requirements. As Director Pederson said if they do not vacate those lot lines they would not be able to gel mon; than maybe a duplex, and he even doubts a duplex but a single-family residence because you have to have three off-street parking spaces. Both buildings right now are grandfathered with less parking than required and the expansion would require w additional spaces per unit and all the maneuvering area has to be on that property so it would be a challenge as he pointed out in the staff report to develop parking for any expansion of these units. One of the big things is that they could be reconstructed as a triplex and during that reconstruction process he spoke with the Building Department, they would be required to vacate the line because of the fact that now they cant issue a building permit to go over that line without firewalls down the middle of it, and if they were destroyed only a duplex would be able to go on each parcel that means that you would be losing an extra rental unit in Kodiak. CHAIR ARNDT said Maker went over it but he doesn't see it attached in the packet is a parking plan but you had talked about it. ARNDT was trying to figure out how and where they are going to park. First he would like Maker to go over that again and then answer the question as to why there's not a parking plan submitted. Maker slated there is no record of zoning compliance on the construction of these because they have been around so long, there's no parking plan in either properly file. He did slate last time that the one tri-plex is grandfathered with three off-street parking spaces, The other four-plex is actually a tri-plex with an apartment above an attached garage. The tri-plex is grandfathered with three off-street parking spaces. The apartment is grandfathered and was built in 1978, at that time the code required two off-street parking spaces. No parking plan is on file. This will make the use conforming but they will still be non -conforming due to the parking. If they were ever destroyed or they want to expand they would have to bring in a parking plan showing their grandfather parking and the two additional parking spaces per unit. He can only see the possibility of maybe one of them adding one unit in the bottom of that garage in the four-plex but it will take extensive excavation with retaining walls in order to improve the yard and provide those additional parking spaces and the maneuvering area where they don't back out onto the right-of-way. It would be very difficult for them to expand where the possibly lies is if they were ever destroyed and rebuilt then they would have to have the required parking. In response to CHAIR ARNDT'S inquiry of is there anything in the file on either of these properties where there had been any letters sent by the borough, Maker stated yes, he can't give the exact date but he can say that former Planner Martin Lydick did the research and verified they are both grandfathered and those letters are in each property file. In response to CHAIR ARNDT'S inquiry of about how long are you thinking, Maker said he would say in the 90's. In response to COMMISSIONER PAINTER'S inquiry regarding the application what is it they want, what is it they are trying to accomplish, is it because they can't get insurance, what are Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 7 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 383 of 400 AGENDA ITEM #A. 1. they trying to clean up, and essentially what it says is this would allow an expansion of the exsiting multi -family dwelling units through construction of additional units so their plan is to improve the property by increasing the units, and the two different ones-N&F Properties and Wilfredo and Yolanda Taboy are two separate owners with one owning Lot 10 and 11 and the other owning Lots 12 and 13. So both separate parties are planning to do the same thing according to this application, can you clarify that, Maker said he will say that there has been no permits been put in because they wouldn't be able to do that. When N&F Properties approached him this was their idea. Maker explained to them that parking was going to be an extreme challenge and he also explained to them one of the advantages even if you weren't able to expand would be the fact that you could rebuild as a tri-plex or multi -family residence provided you met all the requirements of current code. He clearly explained to him that parking was going to be a challenge. The neighbors joined in on the rezone because N&F Properties approached Maker who said it would be unlikely we would recommend approval if it went R3, R3, R3, R2, R3. The Taboys felt it was worthwhile due to the fact that they could rebuild and it is a big thing with regards financing when they come in they can't get financing because it can't be rebuilt as a tri-plex, it would have to be rebuilt as a duplex. That's one of the advantages right there if they ever wanted to sell they avoid that difficulty with receiving financing and if it's ever destroyed it could be rebuilt as multi -family residence. Director Pederson stated our standard caveat that we would in any rezone regardless of what the intent may be, the rezone is appropriately evaluated under consistency with the Comp Plan and any of the permitted uses of the R3 district could be possibly sought by an applicant and as in any case any other property they would have to demonstrate compliance with the code in order to gel a zoning compliance for any of uses. COMMISSIONER PAINTER said she wants to do this to help people but it's almost like you know I want to rezone just in case something happens. She's having a difficult time saying yes to this because there's nothing specific, no real plan, there's once upon a time this could happen and then if we rezone everything is fine. Everthing is fine now; they are grandfathered and nothing has happened. She could see if something happened and there needed to be a change but you are wasting our time. Maker pointed out that the rezone recognizes these long standing non -conforming uses that have harmoniously co -existed within the area for decades. COMMISSIONER PAINTER stated along with the other twelve to fifteen along that street right next to them, why don't we just give it to all, blanket all the through if it's this great need. It's going to this one, the next one, the next one, and then parking and parking and parking. Again it's almost like we are saying let's do this so just in case something happens. She is against this and will be voting no. Open public hearing: None Close public hearing: ROLL CALL VOTE ON MOTION FAILED 3-3. The ayes were COMMISSIONERS ARNDT, ALTENHOF, and SCHM/TT. The noes were COMMISSIONERS BALDWIN, PAINTER, and SPAL/NGER. E) CASE 16-013. The applicant is the Kodiak Island Borough. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Seaview Subdivision and Lash Dock Tideland Lease (a portion of unsurveyed fractional Section 21, Township 28 South, Range 20 West, Seward Meridian) from Conservation to Industrial/Light Industrial (KIBC 17.205). The location is W..Rezanof Drive and the zoning is I -Industrial. Kodiak Island Borough March 16, 2016 & Zoning Commission Minutes Page 8 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 384 of 400 AGENDA ITEM #A. 1. Note: 20 public hearing notices were mailed on December 15 and 1 response was received COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of Seaview Subdivision Lots 1A through 22A, USS 2539 Old Shipyard-Womans Bay Parcels A & B, and Lash Dock Tideland Lease from Conservation to Industrial/Light Industrial (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Fact" for Case No. 16-013. Sara Mason stated this future land designation change was requested by the Kodiak Island Borough to eliminate a mapping error in the 2008 Comp Plan. The subject parcels are designated Conservation in the plan. Prior to adoption of the plan the future land use of the area was designated Industrial per an ordinance passed in 1981. The area was zoned Industrial in 1981 as well. As indicated in a July 2013 memo provided in your packet as Exhibit C to the assembly. Staff believes that the identification of these parcels as having a future land use designation of Conservation was an administrative oversight and that amending the adopted 2008 maps is necessary. The subject parcels are zoned Industrial with exception only to the LASH Dock Tideland Lease which is zoned Conservation. All parcels that are not vacant are currently supporting Industrial or Business uses though the LASH Tideland Lease is zoned Conservation the property in past and present been used in support of Industrial activities. Land adjacent to the subject parcels is vacant Conservation land and vacant RRt-Rural Residential 1 land. Womens Bay and the Coast Guard Air Station Kodiak lie to the east. Development in the immediate area has been Industrial or Business but most RRi and Conservation zoned lots with the exception of the LASH Tideland Lease are currently vacant. The proposed amendment with land use is consistent with land use and economic goals Identified in the 2008 Comp Plan and staff recommends the amendment is consistant with the Comp Plan and satisfies the requirement of Title 17 of the Kodiak Island Borough Code for Amendments and Changes. Staff recommends that the commission forward this Comprehensive Plan Amendment request to the assembly for recommendation for approval. In response to COMMISSIONER PAINTER'S inquiry of it's her understanding that the Kodiak Island Borough is the applicant, not the owner's of the land, the owner's of the land have not asked for [his amendment change or rezone essentially but the borough is requesting that, Mason we requested the future land use change, we haven't requested to change the zoning. In response to COMMISSIONER PAINTER'S inquiry of it's basically one in the same because one follows the other, Mason said it's already zoned Industrial with the exception of the LASH Tideland Lease which is zoned Conservation, all of the Seavelw Subdivision is zoned Industrial, it has been with the exception of one lot which was rezoned Business at one point and then rezoned back to Industrial with the exception of Lot 21 in this subdivision the entire subdivision has been zoned Industrial since 1981. The future land use just doesn't match the zoning. Director Pederson left the meeting at 7:15 p.m. Open public hearing: Michael Brechan staled if this thing had started out saying " we made an error in the Comprehensive Plan instead of (inaudible) over the paperwork" Brechan probably wouldn't be quite so offended. Of late the borough has taken a couple of really cheap shots at his corporation and the one he represents and he gets tired of that. He questions seriously how this body can zone a piece of land that we lease from the U.S. Fish & Wildlife Service and have done so since back in the 80's that is still zoned Conservation, and if you are going to do that then you say you are pro -development, why don't you zone the bottom of the bay Industrial out in front of our properly and the rest of that because it's still owned by the Coast Guard now or they say. It looks to him that he's just been a target of something that doesn't do much good for anything besides waste his time. He doesn t think this is something that, it was done in 2008 and they are just now getting to it, pretty serious questions of what staff has been looking at as of late so he takes offense to it and he expects that the commission will pass it but he doesn't Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 9 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 385 of 400 AGENDA ITEM #A. 1. think it's correct. He questions seriously how you can zone a piece of property [hat we filled, developed, and built but the land Is still owned by the Federal Government and if you are going to do that does the next person who wants to get a tideland tract lease there have to come to you first to get a zoning permit before he turns around to apply for the rest of the things he would have to do. Brechan's been around long enough to remember the Office of Governmental Coordination by the State of Alaska so that you could deal with the Coast Guard, Fish & Wildlife Service, National Maritime Association and he forgets who else was involved when built [hat property because there was a need in this town for another dock besides Sealand. When we came in there the (inaudible) on Industrial commodities came down by 50% to 60% because it was cheaper to bring it in by barge. He doesn't think Light Industrial has anything to do with it, he thinks that's a new idea from the borough and we don't think much of that either. He will answer any questions the commission may have. COMMISSIONER PAINTER's inquiry of does Mr. Brechan know his lot number because she's trying to figure out which lot is his, Brechan said Lots A and Tract A and B of USS 2928/2939 or whatever it is, that's the one we owned originally and originally we owned it all. We bought it all from Koniag and all the uplands to go with it, then we got a tideland lease to be able to fill in the area that is shown on [his map as Conservation which was done a long time ago. We bought the whole thing from Koniag somewhere around 1982, we leased it from them first to gel started,it was the old shipyard. It's a unique piece of property, this Is why when they talk about future land use, this was done right after the earthquake and tidal wave in 64' and the community needed a shipyard. As it turns out his late father in law, Ab Stuart, was in the Navy and got this property to where that (inaudible) could buy it, [hen Konlag bought it and they had a shipyard there during that time and left the facilities which we took out. During that time, it was unique when the Navy got all this property under a PLL so the Navy owned the bottom of the bay, the roads, the Slate of Alaska only got an easement for the highway and that's all they have, and it's subject to question because the original documents say they got a 100 foot right- of-way down the centerline of the existing road, the Stale of Alaska changed that about 1986 claiming that something of an onslezedak which they could never prove to us so they made it 100 foot each side of centerline. Here we had a piece of property that we paid for a whole bunch of acres that we have to lease part of it back from the State of Alaska. It's confusing, it's one of those things that happened in the old days. We have been righting this battle for a long time and he's just trying to make sure that we aren't getting our foot into another one. This thing with the tidelands, if you are going to say we can zone that and maybe you should zone the rest of it to give us some more Industrial land, it takes an act of Congress for us to get a permit to build anything. He doubts if you will see anymore marine development out there because he doesn't think you can gel a permit under the current regime to build anything. We tried for five years on Shannon Point and then gave up because we couldn't make it happen. Close public hearing: Commission discussion In response to COMMISSIONER PAINTER'S request for clarification on the Image overlay map that kind of depicts the various properties that are under question here and Lot 23 that is that long piece right by the tidelands and then after that there's two more parcels that she assumed are A and B because they are not marked, Mason said she's only seeing 21 and 22, Seaveiw Subdivision was Lots 1 through 22, you are right there are two lots that are not tabled, if you look at the location and zoning map just before that there's the one shown in white is the tideland lease that Mr. Brechan spoke of and then next to that is the old shipyard. CHAIR ARNDT gave Mr. Brechan the opportunity to clarify that. Mr. Brechan said it's confusing. When we originally subdivided that tract of land they decided that the best way to do it was to define it by the centerline of the existing proposed highway because what is drawn on the plat is not anywhere close to what the real road looks like. That's what they did so when we sold the lots on the uphill side of the property everyone owns a 100 Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 10 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 386 of 400 AGENDA ITEM #A. 1. foot piece of the ground under that State Highway and everyone on the LASH side owns a 100 fool piece and that is where Lot 21 and 21A or 22, two long skinny lots through there and that is actually the right-of-way. We made Lot 21A so that it was defined by the actual property and took out that long skinny lot and subdivided. That property is the Shannon Point has since been sold and to make everything work we had to do the other one and merge it with old shipyard (inaudible) so it shows that we own the rough land underneath the highway which is quite confusing. In response to COMMISSIONER PAINTER'S inquiry to Mr. Brechan Is what she is understanding is is that It is zoned what it is zoned Industrial with the exception to the tideland lease she doesn't know what that is zoned, CHAIR ARNDT said it's Conservation so what they want to do basically is say "The Comp Plan that is the bible is kind of messed up so what they want to do is change the map color to show it's consistent with what they have of record, It's not doing anything other than changing the Comp Plan, that's her understanding with, currently it's saying It's Industrial, that's what it's zoned and that's what it is legally with the exception of the tideland lease that is Conservation currently and she's assuming that it's going to be changed to Industrial, can you clarify that, Mason slated we don't having any plans on initialing a rezone, that tideland lease has been used for Industrial purposes for decades, it's grandfathered, we don't want to touch the zoning at all, it's just that the assembly in 2013 when there was a rezone of Lot 21A, questioned why they should approve a rezone from Business to Industrial when the future land use identified Is Conservation, and the 2008 plan having those subject parcels shown as Conservation really was an oversight because there was an ordinance past in 81' that said that the future land use of this property was to be Industrial and there was no ordinance past to change it to Conservation but it was changed to Conservation by virtue of the fact that the assembly approved the maps in the 2008 Comprehensive Plan so we don't want to touch the zoning at all. We realize that the tideland lease is shown as Conservation and we have no plans on changing that. COMMISSIONER PAINTER told Mr. Brechan that he has this on record now that is not their intent to change that portion that is currently zoned Conservation to rezone it to Industrial. COMMISSIONER SCHMITT said his intent in voting is to clear up a problem with the Comp Plan and he looks at the Findings of Fact and he thinks they are short and sweet. In response to CHAIR ARNDT'S inquiry if there was any other property in the area heading out towards Bells Flats that has problems including the fairgrounds, Mason said currently the Seaview Estates Subdivision which is zoned RR1 is also shown as Conservation in terms of future land use in the 2008 Comp Plan. She doesn't know if those lots meet the minimum lot size requirements in the Conservation zone. In response to CHAIR ARNDT'S question of why did that not come forward, Mason stated we wanted to address Seaview Subdivision first because the assembly specifically asked that staff address that. In response to CHAIR ARNDT'S question of how long ago was that that staff was asked that question, how many years, Mason said 21/2 years. CHAIR ARNDT stated he doesn't like getting surprises and he would prefer that the commission is made abreast of these kinds of things that are going to come forward rather than all of a sudden they show up in a packet. He would rather it's done in some discussion at a work session or something because this is not making him very happy to see that we are going to be looking at another piecemeal deal. Jack Maker stated that one of the reasons we're finding these Comprehensive Plan Future Land Use Map issues is because we have been cleaning up the zoning maps. We've been creating zoning maps like in the Boy Scout Lake area that did not exist and we've been doing the future land use maps, and we're scrutinizing them and finding that errors were made in the 2008 plan. It doesn't reflect the current zoning in some areas so he believes there will be more of these Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 11 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 387 of 400 AGENDA ITEM #A. 1. Comp Plan Amendments to correct these errors on behalf of the borough and their adoption of the Comprehensive Plan. Maker said what we will do before bringing those forward is making sure that you are aware of them. It isn't something that can really be attacked all at once to bring forward several different staff reports at one meeting but you want a heads up that they are coming. CHAIR ARNDT said these are adjacent and he lakes issue with not knowing that we are looking at another one coming forward, that was not brought up in the work session. He's feeling a little blindsided here as the applicant was. Maker said he will have a discussion with the director and when we look at these Comp Plan Future Land Use Map Amendments in the future that if there are any adjoining/adjacent near by ones that we will combine them. COMMISSIONER PAINTER said as we are doing this she thinks it is only fair, especially Mr. Brechan has had this lease for so long and then the Kodiak Island Borough comes along and says this Is what we are going to do, take it or leave it, she can understand where there would be some concern. It's kind of like the cocoanut game,where is it, where is it. There's always something underlying usually so it's a little scary as an owner or lessee what is going to take place. She understands the cleanup and the necessity of that but when you are dealing with the public in the future for the other particulars just notify them to let them know that there was a screwup on the borough's behalf and that you are just trying to clean it up. Just be blunt and be honest; we screwed up and we are very sorry, it's not going to change your zoning. Do it in a letter because they need it in a letter, in writing so they have some security. You wil solve a lot of problems and a lot of people's time. CHAIR ARNDT said it also helps if you don't have an Enforcement Officer going out there saying things that weren't accurate to begin with. FINDINGS OF FACT 1. The subject parcels were developed for industrial uses and have been consistently used for industrial purposes for several decades. 2. Each of the subject parcels is of sufficient area and is capable of providing suitable building sites for a range of industrial uses. 3. The amendment is not in conflict with the goals and objectives of the 2008 Comprehensive Plan. 4. The amendment is necessary to eliminate a mapping error in the 2008 Comprehensive Plan, 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED 5.1. The ayes were COMMISSIONERS BALDWIN, ALTENHOF, PAINTER, SCHMITT, AND SPALINGER. The noe was COMMISSIONER ARNDT. F) CASE 16-007 (Postponed from the February 17, 2016 Regular Meeting for lack of quorum). The applicant Is the Kodiak Island Borough. Request an ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to include development standards for accessory dwelling units In the Borough. This ordinance will also amend the following KIBC Chapters to specifically list accessory dwelling units as a permitted use: • 17.50 (C -Conservation District) • 17.60 (RR2-Rural Residential Two District) • 17.65 (RR -Rural Residential District) • 17.70 (RR1-Rural Residential One District) • 17.75 (R1 -Single-family Residential District) • 17.80 (R2 -Two-family Residential District) Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 12 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 388 of 400 AGENDA ITEM #A. 1. The location is Borough -wide and the zoning is certain residential zoning Districts. Motion on the Table from the January 20, 2016 regular meeting was: COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings), and related Chapters of Title 17 (Zoning) to include the standards for accessory dwelling units in the Borough and to specifically list accessory dwelling units as a permitted use in all residential zoning districts, and to adopt the findings of fact listed in the staff report entered into the record for this case as "Findings of Facl" for Case No. 16-007. Motion to Amend approved at the January 20, 2016 regular meeting was: COMMISSIONER SCHMITT MOVED TO AMEND by substitution the attached ordinance amending Chapter 17.25 KIBC Definitions and 17.160 Accessory Buildings and related Chapters of Title 17 Zoning to Include development standards for accessory dwelling units in the borough. Staff recommends that Case No. 16-007 be postponed to the May 18, 2016 regular meeting to allow borough and city staff additional time to research potential impacts. Note: To allow the provision of additional information and facilitate further Commission discussion, staff will ensure the case is placed on the March and April agendas as an old business item. Maker stated we did not have a quorum at last month's meeting so this is a continuance of the third public hearing on ADU's. Your packet includes all information to dale, the most recent information being the Community Development Director's response letters from letters from City Mayor Branson dated February 10'" and recommended language from City Fire Chief Mullican to address access for emergency services providers. At last month's work session there appeared to be agreement by the commission to postpone the public hearing until the May 18 'h regular meeting. Open public hearing Steven Foreman called in for Case 16-012. That case was already heard and the commission did not take public testimony. Leo Kouremetis stated he wanted to make sure the commission has the packet dated March 3'". He and his wife have lived on Woodland Drive for over forty years. They bought the property because of the zoning; one acre, single-family, and low density. Allowing ADU's in this neighborhood is an infringement of their property rights. What is proposed is a sweeping zone change, it is not a code change. He wanted to make that clear because he's stated it man times. He was appalled to see a public hearing comment which was submitted on February 4 by the Borough Mayor's wife, Brenda Friend. In her testimony, which he believes is over the line, included photos of our buildings, shop, and storage shed that was built forty years ago. She stated these are accessory dwelling units. These allegations of Illegality are completely false. These photos were posted on facebook and the borough website falsely calling them ADU's on his property. If you look on page 367 you will see Friend's quote. She stated "here's our neighbor's home which clearly has accessory dwellings." In addition she attached photos that are on pages 368 and 369. The Borough Mayor's wife's statement is an outright lie. He did not and tried not to make this a personal issue but to speak to the Issue only as we have done in the past. How did we get to this mean stage? What was stated and published openly is false. There is no picture of his home and the pictures shown are of his storage shed and shop. He has no accessory dwellings and never have. In order to set the record straight he is considering a law suit against Brenda Friend for these Iles that have been published all over the community making it look like we have done something illegal. We are trying to protect the integrity of our neighborhood. This has gone far enough. Reject this ordinance and find some land for these people that need It. Kodiak Island Borough Planning 8 Zoning Commission Minutes March 16, 2016 Page 13 Architectural/Engineering Review Board Meeting Minutes of Me... Page 389 of 400 AGENDA ITEM #A. 1. Ginny Shank staled she has lived on Woodland Drive since 1982. As you know from previous testimony she is against this ordinance. She's always felt that this goes way beyond a code change. She does believe that it is a rezone. She quoted the letter that Mr. Pederson wrote to the City Mayor and Council In response to the letters that the City sent to the Planning Office and to you, keep in mind that words don't change the facts. "At the present R1, RR1, RR, and RR2 allow for low density single-family housing." Mr Pederson wrote In that letter of February 27" "the ordinance slates that ADU's are not intended to allow a two-family residence in the R1 zoning district" and that does not make any sense to her because in effect it will allow them in an R1 zoning district. There's a fact that ADU's allow for duplexes and two separate family dwellings in R1 zoning districts. She doesn't understand his take on that. About the notice because you feel this Is not a zoning change, this is a code change that the Planning Office has not felt the need to notffy everybody that's involved and owns property that this affects. She believes that notice should go to all affected property owner's, Pederson denied that in this letter saying this Is a code change and doesn't require Individual notice. However, it seems that because of the objections that she, Kouremelts, and other people have been raising the commission has seen clear way to get the word out more. Why? Because it should have been done in the first place because it's a far reaching ordinance effecting many, many property owner's. As you know, you have done more getting this information and notice about this ADU ordinance than she's ever seen on any other ordinance that P&Z has tried to pass. Why is that? It's because it's a far reaching ordinance that affects many, many people that just weren't getting the Information including the fact that you apparently, this notice was posted at places around town. When she seen it she thought you don't even know, It doesn t even say who put this up and it is very much slanted in favor of this is going to do a lot of good so you better show up and support it. it is stated "why incorporate development standards for ADU's into the KIB Zoning Code" quote "There is a growing awareness of the need for additional affordable and workhouse options in Kodiak once the closure of Jackson's Mobile Home Park etc., we've heard it all. However, in a later paragraph in Mr. Pederson's letter to the City he says "since the borough has not adopted housing powers the ADU proposal Is not intended to create an affordable housing program" This ordinance has been marketed as a way to help solve this problem and then Pederson Tums around and says "this proposal is not intended to create an affordable housing program." She doesn't get it. She is on her way after this meeting to the Borough Assembly/City Council Joint Work Session now. She was happy that Mark Kozak from Public Works came to the P&Z work session two sessions ago and entered the discussion into the Information about how the effect of increasing population density in some areas could possibly be a problem for the services so she's hoping that you as a commission will truly postpone the decision on forwarding it to the borough assembly until after all of that information has come together and can reach some conclusions that makes sense. Dan Ogg stated he's been a resident of Kodiak for many decades. This ordinance as written could benefit him, he has property that would be rezoned and he used the word rezone because it"s not a code change. It's RR1 property and instead of one building on it he could build two buildings. Even though he could benefit from it he does not support this ordinance. He got a copy of a letter from the Planner Pederson and he was addressing some of the questions in the letter from the City Mayor and all City Council Members unanimously. One of the items he talked about was: "Is there a need to define affordable and workforce housing or to conduct an analysis of housing needs? We believe the answer to this question is no." Draft ordinance does not attempt to define the terms of affordable housing or workforce housing. He's curious since he put down "we", this is a letter from the planner, he doesn't recollect the Planning Commission taking that position. The letter from the City of Kodiak was to the Planning Commission. He's curious whether or not you approved Pederson to write those motions. His concern is that people have come forward to the commission and asked that these particular questions "please define those terns, let's know what we are talking about, let's have some specificity so we can know what this plan is about. The planner is telling the city and possibly us you're not going to get an answer to that and you don't deserve one. He's refusing to answer those questions. Ogg took a little time to talk to one of the people In the Assessing Department to try to get some data Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 14 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 390 of 400 AGENDA ITEM #A. 1. because there was no data to look at. He heard that he missed it because of a hockey tournament, they do have data on housing needs presented to you orally at the last work session. There are 1,030 RR'I properties, and 247 vacant lots. In RR2, mostly Chiniak there are 37 lots and it's not clear how many are vacant. In RR there are 60 lots which is Woodland Drive with a few vacant lots there. In R1 section of the city and borough there are 1,541 lots with 300 vacant. In R2 there are 1,149 lots with 149 vacant, and 630 of those R2 lots have a single-family residence on them, 128 of those lots have a mother-in-law apartment. Presently there are 779 R2 lots that may be developed into "ADU type housing" under the present code. Presently about 547 available lots to be developed in the RR1 are to be developed into small housing or something else that this ordinance Is trying to do. It's interesting to know that there's a couple of areas in the packet that Commission Painter submitted some information about a HUD Report talking about ADU's but he has the report from February 5" so his pages are different from what the commission have. On page 186 it's talking about municipalities that adopted ADU's and the programs, many of these programs were not very successful as they lacked flexability in scoping. He thinks that we need to take a look at that, It's not all roses. On page 195 talking about the case studies and they are talking about all the case studies In that report. The examples provided in the previous section involved communities that have to rely on an existing housing stock to meet rising demand either due to lack of developable land or strict growth management regulations. Kodiak doesn't have either of those two problems. Also presented was this census data that shows the population growth between 1990 and 2014 In the borough six -hundred -seventy-seven people, housing units increased in that timeframe 442 units. Population growth between 2000 and 2014, seventy-three people, housing growth in that period one -hundred -sixty-eight housing units. That's more than two houses per person. In the Chamber of Commerce Survey 5B% of the people wanted single-family homes or starter single- family homes. They want to live in single-family neighborhoods. For multi -family condo townhouses, 36% said they want to live in. It's interesting to note that nobody wanted to live In two-family housing. Most of the people in that report want more borough land, they think that's the solution. What the data tends to show is it's unmistakenly clear that if this stage of our communities development there's no need for this ordinance. There's plenty of land and plenty of opportunities to build the type of housing that you are trying to do. It's not happening. If this ordinance is adopted, and here's the hidden thing that nobody is talking about, it will have a catastrophic effect an R2 property. The ordinance will increase R2 stock by 2,668 huts, that's three and one half the times the existing stock of R2 property. He hopes the commission postpones this until they get proper data to see if there is support for this ordinance but what he seen is the proper thing would be to reject it. Close public hearing: COMMISSIONER PAINTER said she's in favor of this small, affordable and environmentally friendly form of housing. It doesn't mean that you have to do It. This text amendment doesn't say that everyone has to do this, what It is saying for some of the people that live in your neighborhood, we're allowing more freedom of the use of your land, that you could have a backyard cottage, that your adult child that lives with you could live there harmoniously, or your care giver can live there to lake care of you because now you are old. There's so many positives to this. It's a very small footprint; we're talking about 650 square foot. A little backyard cottage that must meet the required setbacks for that district. It's not imposing anything on anyone and she has a problem with that. She doesn't see how we as citizens of Kodiak can so adamantly oppose something so positive for young folks, old folks, it could help so many people. CHAIR ARNDT said at the work session last week staff had some preliminary information on what was potentially available in the Aleutian Homes area and is continuing to work on additional data to bring forward at the May meeting. COMMISSIONER SCHMITT MOVED to postpone Case No. 16-007 to the May 18, 2016 Planning and Zoning Commission regular meeting. Kodiak Island Borough Planning 8 Zoning Commission Minutes March 16, 2016 Page 15 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 391 of 400 AGENDA ITEM #A. 1. COMMISSIONER SCHMITT said ideally this will give the city enough time to figure out what is going on and get back to us so we can react appropriately. COMMISSIONER ALTENHOF said his concern with this is that May 18" may not be long enough, and the reason he mentioned it is that there are a number of issues that need to be clarified more fully. In light of both comments made tonight and the fact that there are bits and pieces of information that seem to be dribbling in that make this almost like death by a thousand cuts. We're not getting a package of compelling information [hat at this point would make him nod his head and say that this is a good thing. He will vote to postpone but he wonders if this is long enough. He urged the rest of the commissioners to begin thinking about exactly what blanks there are in this presentation and in this proposal because once this is done, it's a wide ranging proposal. It's borough -wide and will have a big Impact, perhaps far greater than simply accommodating the needs of teenagers, recent graduates, grandma and grandpa who need to live someplace which he understands that and he's not opposed to that but it has far more reaching affects than he thinks what we are recognizing currently. CHAIR ARNDT said we will hear back from the city and staff is working on additional Information. We don't want everything plecemea[ed in April and he wants it to come forward in May so we will be refreshed on it and basically go over It again because basically he has concerns too. There are some things that he doesn't like and is not convinced of. The concept is good but it's in the details. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Discussion on amendments to Title 17 KIBC (Zoning) to establish development standards for a Small Lot Subdivision Zoning District. Maker stated there's no new information. This Is the packet that was presented at the work session and we didn't get around to discussing it. It will carry forward to the next meeting. COMMISSIONER PAINTER stated she thinks the Small Lot development and the PUD should probably be in the same category as the ADU Issue as far as the water and sewer. If there is a true problem she doesn't see how these are going to go through. The city is researching the potential for a problem now. The commission directed staff to put the Small Lot Subdivisions and PUD's on the May agenda and not on the April Agenda. B) Background information on Planned Unit Developments C) Tract R-2, Killarney Hills Subdivision Planning Discussion - Placeholder COMMISSIONER SCHMITT said he made the request at last week's work session to move this item into New Business for next month. The last page is sort of the flow chart timeline if we have things happening in March but we wouldn't potentially do anything with it. Are you going to move that out further? Mason slated the schedule will be changed accordingly. NEW BUSINESS None COMMUNICATIONS A) Letter of Courtesy & Advisory dated 2/12/2016 B) Letter of Courtesy & Advisory dated 2/25/2016 C) Requirements for KIB Code Compliance Letter dated 2125/2016 D) Letter of Courtesy & Advisory dated March 4, 2016 COMMISSIONER SPALINGER MOVED to acknowledge receipt of communications. Kodiak Island Borough Planning 8 Zoning Commission Minutes March 16, 2016 Page 16 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 392 of 400 AGENDA ITEM #A. 1. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • April 13, 2016 Work Session -6:30 p.m. -Borough Conference Room • April 20, 2016 Regular Meeting -6:30 p.m. -Assembly Chambers B. Minutes of Other Meetings • November 12, 2015 Parks and Recreation Committee Regular Meeting • December 22, 2015 Parks and Recreation Committee Regular Meeting COMMISSIONER SPALINGER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Maker stated he appreciates all the questions because you are bringing up good points. CITIZENS' COMMENTS (These are limited to three minutes per speaker) Agenda Items not scheduled for public hearing and general comments. Phone number. Local is 486-3231; Toll Free is 1-855-492-9202. None COMMISSIONER COMMENTS Alan Schmitt stated he will be out of town for the April 131" work session but he Intends to be back for the April 2& regular meeting. Jay Baldwin slated he may not be available for the April 131h work session. He will know when It get closer. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 8:12 p.m. ATTEST By: Sheila Smith, Secr-etaTy Community Development Department APPROVED: April 20, 2016 Kodiak Island Borough March 16, 2016 KODIAK ISLAND BOROUGH PLANNING AND ONING COM, ri SION By: D a Scott Arndt, Chair & Zoning Commission Minutes Page 17 Architectural/Engineering Review Board Meeting Minutes of Ma... Page 393 of 400 AGENDA ITEM #A. 1. WOMENS BAY SERVICE AREA BOARD ORIGINAL i REGULAR MEETING & BUDGET HEARING MINUTES j Date: March 8, 2016 Call to order. 7:00 pro Members Present: Dave Heuman, Dave Conrad, Bill Ecret, Greg Egle and John Isadore. Members excused: Jessica Hom, George Lee Minutes approved and signed: Regular meeting February 2, 2016 Closed regular meeting at 7:04 and opened Budget Hearing. Budget Hearing Road Service; Motion by DC to approve budget as presented, 2nd by BE. Motion passed by unanimous individual voice vote. Fire Department; Motion by GE to approve budget as presented, 2"d by A. Motion passed by unanimous individual voice vote. Closed Budget Hearing at 7:16 and resumed Regular Meeting. Chairman's Comments: Work Orders: 3 Work Orders outstanding. RECEIVED ❑ Crack Sealing ❑ Signage APR 11 2016 ❑ Grading WDRO r H (;LWK'8 OFFIC Unfinished Business: KOUTAK.ALASKA Fire DeMMent ❑ Emergency Shelter c 47k left from 100k earmark for FD shared costs for exterior upgrades of the original building, interior Punchlist in progress Road Service ❑ Asphalt Repairs ❑ Cottonwood Circle encroachment, ongoing ❑ Culvert markers, Heuman, ongoing New Business Fire Department Architectural/Engineering Review Board Meeting Minutes of Ma... Page 394 of 400 AGENDA ITEM #A. 1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING & BUDGET HEARING MINUTES ❑ Turnout Replacement; approx 4k each set, 10 sets needed. Pricing & proposal to be developed ❑ Suburban disposition; need to get it running and put into upcoming KIB auction ❑ Plan to purchase new Scott Packs in next years' budget, approx 60k. ❑ New Shelter open house to coincide with clean up day May 7 2016. Road Service ❑ New work orders to be issued for Pot Holes and Road Edge holes Board Member comments C Round table discussion about grading quality, QC and QA protocol, need for doc- umentation of deficiencies. Next Regular Meeting April 5, 2016 Meeting adjourned at 8:00 pm CHAIRPERSON 7:00 PM at the WBFD WITNESS Architectural/Engineering Review Board Meeting Minutes of Ma... Page 395 of 400 AGENDA ITEM #B. 1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Bill Roberts, Acting Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending March 31, 2016 KODIAK HIGH SCHOOLADDITION AND RENOVATION Watterson Construction completed the majority of work for the Kodiak High School project by January 2016, and the only ongoing work Is exterior siding Installation at the existing school areas housing the shop classroom wing and new school district offices. Installation of new framing, insulation, and weather barrier was completed during February. Installation of siding began In early March and Is scheduled to be complete by the end of April. Remaining work on the project Includes completion of landscaping scheduled to occur In spring 2016. New Siding LANDFILL LATERAL EXPANSION Phase I of the Landfill Lateral Expansion project was clearing, excavation and realignment of the road at the landfill, and was completed In August 2012. Phase II was construction of a new fully -lined landfill cell and leachate collection system, and was completed in November 2015. Landfill staff began placing bales of municipal waste In the new cell in February 2016. Phase III was construction of the new Leachate Treatment Plant that is currently operating in a semi - automated state. Installation of the blower silencers has been completed In an effort to reduce external plant noise, and installation of a fall protection system has also been completed. There have been continuing difficulties with the Influent pumps and troubleshooting is ongoing between KIB staff, the contractor, and engineer CH2M Hill. The current completion date for Phase III is April 29, 2016, at which point the plant should be in full automatic mode and the leachate lagoon will be put Into use. March 2016 Change Order Report, Other Projects Report, Proje... Page 396 of 400 AGENDA ITEM #B. 1. Staff and CI -12M Hill are proceeding with design of a rain sheet for the new landfill cell as presented to the Assembly on March 10, 2016. The rain sheet will divert rain water from the treatment plant saving operational costs. A bid package for Installation of the rain sheet is scheduled to be issued in early May. FIRE PROTECTION AREA NO. 1 EMERGENCY GENERATOR KIB received an Alaska Legislature grant In 2012 to provide an emergency power generator and switch gear at the Bayside Fire Station. In addition, the Fire Protection Area No. 1 Board agreed to provide funds to help complete the project. The generator and switch gear have been procured and RSA Engineering provided engineered drawings for Installation of the new generator. Staff Is currently working with the Borough electrical contractor to determine a price to complete the Installation of the new equipment. FLOORING REPLACEMENT—MAIN ELEMENTARY AND PETERSON ELEMENTARY This project was Included on the list of bond projects approved by voters in the 2014 election, and Is for replacement of flooring throughout Peterson Elementary School and at the Main Elementary gymnaslum. KIB Issued approval for Jensen Yorba Lott _ to begin design work under term contract FY2014-13. The Architectural/Engineering Review Board (ARB) reviewed and — — — — — approved the 95% design on March 15, 2016, and the project is currently out for bid. Bids are due on April 12, 2016 and the work Is scheduled to be completed during the upcoming summer. - - - - - - New Flooring at Peterson PETERSON ELEMENTARY BOILERS AND CONTROLS This project was Included on the list of bond projects approved by voters In the 2014 election, and is for replacement of the boilers and mechanical controls system at Peterson Elementary School. KIB issued approval for Jensen .Yorba Lott to begin design work under term contract FY2014-13. The Architectural/Engineering Review Board (ARB) reviewed and approved the 9S% design on March 15, 2016, and the project is currently out for bid. Bids are due on April 12, 2016 and the work Is scheduled to be completed during the upcoming summer. ROOFING REPLACEMENT— EAST ELEMENTARY AND KODIAK MIDDLE SCHOOL This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of the roof over the cafeteria wing at East Elementary and the steel bus canopy at Kodiak Middle School. KIB Issued approval for Jensen Yorba Lott to begin design work under term contract FY2014-13. During review of the 65% design It was recommended by the ARB to split the project Into two contracts — one for East Elementary and one for Kodiak Middle School. The ARB reviewed and approved the 95% design for East on March 15, 2016, and that portion of the project is currently out for bid. Bids are due April 12, 2016. The NMS portion of the project is currently In design, and Is scheduled to go out for bid in mid-April 2016. Work at both schools Is scheduled to be completed during the upcoming summer. Project Status Report— March 2016 Page 2 March 2016 Change Order Report, Other Projects Report, Proje... Page 397 of 400 AGENDA ITEM #B. 9. N W N lD W O n n in w ry in m op m O m o DJ O QI rl ry N n ro m Q Q ro n Q l0 °1 N Y a o ry v � `a M N vs y N C N N ° � vt N O] l0 N C OJ lD O o E ° c y C .• • ` � O W ti E a -°r -°r � � O 7 v v N O C N y O v S E E ca Y c CS t C an vF .o ✓� m .n ❑ E +n E w E v � m h ❑ o o¢ o N Y v w vi ni p n °i f0 'o a .a m a° O o p m � ti �p w ai CL O 'a h Y a N v a rn v v a e ❑ m m � v O O Q ❑" a a a O � ,Oi '^ E C � L E v ° o Zo m l7 C 1p m Q U m O � l7 n � m e W C p C CO C C _ C O ❑ C pp C d � ✓1 C O LL LL Y J LL 2 March 2016 Change Order Report, Other Projects Report O � ,Oi E E v o S m l7 C 1p m Q U m O � l7 n � m e W C p C CO C C _ C O ❑ C pp C d � ✓1 C O LL LL Y J LL 2 , Proje... Page 398 of 400 AGENDA ITEM #B. 1. Kodiak Island Borough Alli Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Bill Roberts, Acting Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending March 31, 2016 Below is a summary of approved change orders for capital projects for March 2016: Landfil Lateral Expansion Phase III ASRC SKW Eskimos. Inc. — Contract 2014-24 Change Order #10 - $0.00 The contract is extended to April 29, 2016 to allow for completion of work and provide adequate time for administrative contract closeout. Roofing Replacement — East and KMS Jensen Yorba Lott—Contract 2014-13 Change Order #27 - $13,230.00 Additional design costs for the Roofing Replacement — East and KMS project to provide separate bid documents for each school and provide a new structural design to replace the existing steel framing at the KMS Bus Canopy. The new steel will be included as a bid alternate. The work required to create separate bid packages will be on a lump sum basis ($3,880). The work required to design a new steel framework will be done on a time and materials basis ($9,350). This is a change order to term contract 2014-13 for architectural/engineering services. Projects previously completed or currently underway under this contract Include Chinlak LIST Replacement, Kodiak Middle School Concrete Repairs, Four School Generators, Port Lions Painting, Womens Bay Emergency Shelter, Peterson Boilers and Controls, and Main Gym and Peterson Flooring. Change Orders—March 2016 March 2016 Change Order Report, Other Projects Report, Proje... Page 399 of 400 AGENDA ITEM #B. 1. ;a4 2016 Gr@ Order Report, oh!«Projects Report, Proj� Page 400 of 400 k\\\\ k \ \ . /\ \ } !! ! )\}|)) ;a4 2016 Gr@ Order Report, oh!«Projects Report, Proj� Page 400 of 400 Kodiak Island Borough Assembly Regular Meeting Guidelines May 5, 2016, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. INVOCATION Major Richard Greene of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Friend. 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly Member who may be absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES — None. 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 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 7. AWARDS AND PRESENTATIONS A. Municipal Clerks Week Proclamation — Mayor Friend • Accepting: Borough Clerk Nova Javier. B. Safe Boating Week Proclamation - Mayor Friend • Accepting: Coast Guard Auxiliary Representative Nicole Clark. C. Mental Health Month Proclamation — Mayor Friend • Accepting: Director Mary Guilas-Hawver, Kodiak Island Counseling Center. D. FY2017 Budget Presentation — Finance Director Dora Cross 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines May 5, 2016 Page 1 9. PUBLIC HEARING A. Resolution No. FY2017-01 Establishing the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2016 and Ending June 30, 2017. Recommended motion: Move to adopt Resolution No. FY2017-01. Staff Report —Administrative Official Roberts Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C -Conservation District to [-Industrial District. Note: Five Public hearing notices were mailed out on Friday, April 22, 2016. None had been received by the close of business on May 5,2016. Recommended motion: Move to adopt Ordinance No. FY2016-19. Staff Report—Administrative Official Roberts Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Guidelines May 5, 2016 Page 2 12. UNFINISHED BUSINESS A. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. The motion on the floor is to adopt Ordinance No. FY2016-12. Staff Report —Administrative Official Roberts Assembly discussion. ROLL CALL VOTE ON MOTION. B. Contract No. FY2016-45 A Salvage Timber Sale Contract Between the Kodiak Island Borough and A-1 Timber Consultants, Inc. The motion on the floor is to approve Contract No. FY2016-45 a sole source contract for salvage timber sale between the Kodiak Island Borough and A-1 Timber Consultants, Inc. Staff Report—Administrative Official Roberts Assembly discussion. ROLL CALL VOTE ON MOTION. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2016-47 Peterson Boilers and Controls Replacement Project. Recommended motion: Move to authorize the Manager to execute Contract No. FY2016-47 with Wolverine Supply, Inc. of Wasilla, AK for the Peterson boilers and controls replacement project in an Amount Not to Exceed $707,000. Staff Report—Administrative Official Roberts Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines May 5, 2016 Page 3 2. Contract No. FY2016-48 Peterson and Main Schools Flooring Project. Recommended motion: Move to authorize the Manager to execute Contract No. FY2016-48 with Wolverine Supply, Inc. of Wasilla, AK for the Peterson and Main Schools flooring project in an Amount Not to Exceed $531,001. Staff Report —Administrative Official Roberts Assembly discussion. ROLL CALL VOTE ON MOTION 3. Contract No. FY2016-49 East Elementary Roof Replacement Project. Recommended motion: Move to authorize the Manager to execute Contract No. FY2016-49 with RPR Inc., dba Rain Proof Roofing of Anchorage, AK for the East Elementary roof replacement project in an Amount Not to Exceed $524,800. Staff Report —Administrative Official Roberts Assembly discussion. ROLL CALL VOTE ON MOTION B. Resolutions — None. C. Ordinances for Introduction 1. Ordinance No. FY2017-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2016 and Ending on the Thirtieth Day of June 2017 (Fiscal Year 2017 Budget). Recommended motion: Move to adopt Ordinance No. FY2017-01 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report —Administrative Official Roberts Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 5, 2016 Page 4 D. Other Items 1. Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board (Mr. Nathan Svoboda). Recommended motion: Move to confirm the mayoral appointment of Mr. Nathan Svoboda to the Solid Waste Advisory Board for a term to expire December 2016. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Confirmation of the Assembly Appointments to the Mission Lake "Tidegate" Service Area Board (Craig Johnson and Alan Wolf). Recommended motion: Move to confirm the Assembly Appointments of Mr. Craig Johnson for a seat to expire 2017 and Mr. Alan Wolf for a seat to expire 2018. Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Confirmation of the Mayoral Appointments to the Marijuana Task Force. Recommended motion: Move to confirm the following Mayoral Appointments as follows: Seat # Seat Assignment 1 Assembly Member 2 Assembly Member 3 Medical Professional 4 Law Enforcement 5 Retail Business Owner 6 Marijuana Advocate 7 Member at Large 8 Member at Large 9 Member at Large Mayoral Appointment Dan Rohrer (Co-chair) Dennis Symmons Jonathan Strong Detective Michael Sortor Janiese Stevens Joanne Shaker Tuck Bonney (Chair) Shelly Paulson Nicholas Troxell Note: The City of Kodiak recommended Council members Arboleda and Bishop to serve on this task force. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 5, 2016 Page 5 4. Declaring a Seat on the Assembly Vacant (Assembly Member Mel Stephens). Recommended motion: Move to accept, with regret, the resignation of Assembly member Stephens from the Borough Assembly for a seat term to expire October 2016, and direct the Borough Clerk to advertise the vacancy per Borough Code. Assembly Discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) 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 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Friend The next Assembly work session will be held on Thursday, May 12 at Borough Conference Room and the next Assembly regular meeting Thursday, May 19 at 6:30 p.m. in the Borough Assembly Chambers. members of the Assembly are invited and may be in attendance Archipelago Rural Regional Leadership Forum on Wednesday, May Kodiak College. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. 6:30 p.m. in the is scheduled for The Mayor and of the Kodiak 18, 2016 at the Kodiak Island Borough Assembly Guidelines May 5, 2016 Page 6 11�^ !! 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