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2016-08-18 Regular Meeting
Page a Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, August 18, 2016, 6:30 p.m., Assembly Chambers INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES A. *Special Meeting Minutes of May 31, 2016 2016-05-31 SM 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 A. Finance Department's Update to the Assembly 8. COMMITTEE REPORTS [5�1�17fi[H71�7P►Ce? 10. BOROUGH MANAGER'S REPORT 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/Kodiakisland borough © @KodiakBorough www kodiakak us 91 Page 1 of 58 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 5-35 A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree Seedlings From Koncor Forest Products For A Spring 2017 Planting Season. Contract No. FY2017-09 Tree Seedlings - Pdf KIB Memo to Assembly discussing the reforestation proposals in attached letter Projected Reforestation Costs 13. NEW BUSINESS 13.A. Contracts 13.13. Resolutions 13.C. Ordinances for Introduction 36-43 1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods and Means of Borough Land Disposal Process. Ordinance No. FY2017-16 Property Disposal Process - Pdf 13.D. Other Items 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 44-58 1. Personnel Advisory Board Regular Meeting Minutes Of June 23, 2016; Planning And Zoning Commission Regular Meeting Minutes Of May 18, 2016; and Womens Bay Service Area Board Regular Meeting Minutes Of July 12, 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 www, kodiakak. us Page 2 of 58 2016. Minutes of Other Meetings W.B. 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 @KodiakBorough www.kodiakak.us Page 3 of 58 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting May 31, 2016 A special meeting of the Kodiak Island Borough Assembly was held on May 31, 2016, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at noon. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Dan Rohrer, Rebecca Skinner and Dennis Symmons. Also present were Borough Clerk Nova Javier and Administrative Official Roberts. CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Review and approval of a letter to the North Pacific Fishery Management Council for Gulf of Alaska Trawl Bycatch Management. ROHRER moved to approve the May 31, 2016, letter to the North Pacific Fishery Management Council for Gulf of Alaska Trawl Bycatch Management Item C5. The fisheries analyst and the Kodiak Fisheries Work Group recommended that the Borough and City submit public comments to the North Pacific Fishery Management Council for Gulf of Alaska Trawl Bycatch Management. Through joint resolutions, the City and Borough have identified ten community goals for fishery management program. The ten goals include maintenance of healthy harvesting and processing sectors, a healthy community, and the letter could support the aspects of a management program that provide for these goals. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, and Symmons. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Crow. The meeting was adjourned at 12:22 p.m. ATTEST: KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Special Meeting Minutes May 31, 2016 Page 1 "Special Meeting Minutes of May 31, 2016 Page 4 of 58 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 18. 2016 _ ASSEMBLY REGULAR MEETING TITLE: Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree Seedlings From Koncor Forest Products For A Spring 2017 Planting Season. ORIGINATOR: Duane Dvorak FISCAL IMPACT: Yes $120,231 FUNDS AVAILABLE: Yes Account Number: 210-231-430-140 Amount Budgeted: $315,000 16002.1 B SUMMARY STATEMENT: At the July 14, 2016 Assembly work session, the Assembly directed staff to prepare a contract to purchase 300,000 Spruce Tree seedlings from Koncor Forest Products. Staff has prepared an agreement for the Assembly's consideration. This agreement is a little different from typical purchase agreements in that the product is coming from a third party. The agreement is intended to hold the seller accountable for warranty of the product through their agreement with the nursery PRT USA. The agreement has an exception for assignment to the nursery if PRT USA is willing to accept the terms of the agreement, subject to borough approval. This agreement also proposes a sole source procurement in the interest of getting the seedlings for a spring 2017 planting season. The attached staff memorandum summarizes the rationale for expediting this purchase from the August 14th work session packet materials. This contract was postponed from August 4 to August 18th Regular Meeting. Staff has provided a new "Version 2" purchase agreement that has been reviewed and modified by the borough attorney. The attachment to the agreement is modified from an invoice to the actual contract between Koncor Forest Products and PRT USA (also reviewed by the borough attorney). Lastly, staff has added a memorandum from the borough's forest management consultant speaking to the matter of seedling numbers and potential planting densities for the project. RECOMMENDED MOTION: The motion is ON THE FLOOR which is to move to approve KIB Contract No. FY2017-09 in the amount of $120,231.00 Kodiak Island Borough Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 5 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 6 of 58 Version 2 KODIAK ISLAND BOROUGH AGREEMENT TO PURCHASE SPRUCE TREE SEEDLINGS FROM KONCOR FOREST PRODUCTS KODIAK ISLAND BOROUGH PURCHASE AGREEMENT Contract No. FY2017-09 THIS AGREEMENT, made this 4th day of August, 2016, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Koncor Forest Products, P.O. Box 230023, Anchorage AK 99523, hereinafter called the Seller. WITNESSETH: That the Seller, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish 300,000 Sitka spruce tree seedlings for the Kodiak Island Borough per the specifications set forth in the original purchase document from PRT USA (Attached) for same and for the sum of One Hundred Twenty Thousand Two Hundred Thirty-one (120,231) Dollars. The Seller agrees that the Sitka spruce seedlings sown by PRT USA that will be sold to the KIB will be shipped, stored and handled in the exact same manner as Seller's seedling. The Seller warrants it is selling these seedlings to the KIB at its cost and is not marking them up in any way. The Seller also agrees if the seedlings the KIB receives are not up to the specifications in the PRT purchase agreement the Seller will pursue a remedy with the same diligence as if they were the Seller's seedling. Any warranty will be with the PRT Nursery and will be through the Seller unless the agreement can be successfully assigned to PRT USA under the same terms of this agreement. Kodiak Island Borough acknowledges that it would not enter into this purchase agreement without the above assurances and warranties. The agreement entered into by the acceptance of the Seller's proposal to sell Spruce Tree seedlings and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. Agreement to Purchase 2. Seedling Management Agreement Koncor Forest Products and PRT USA, dated 23Feb16 In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. 1 Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 6 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 7 of 58 KODIAK ISLAND BOROUGH AGREEMENT TO PURCHASE SPRUCE TREE SEEDLINGS FROM KONCOR FOREST PRODUCTS The Borough Manager covenants and agrees that the delivery of said Spruce Tree seedlings and the actual planting of said trees shall be furnished solely by the Kodiak Island Borough and, as such, is beyond the scope of this agreement. The Borough Manager will make separate arrangements for said shipping and handling, as well as planning for the replanting effort on Kodiak Island near Chiniak, Alaska. The Seller hereby agrees to receive the prices set forth in the proposal as full compensation for conveying ownership of 300,000 Spruce Tree seedlings to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Seller shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder except that the agreement can be assigned to PRT USA, subject to the approval of the Kodiak Island Borough, if PRT USA is willing to deal directly with the Kodiak Island Borough under the same terms and provisions of this agreement agreed to by Seller. Payment for conveyance of Spruce Tree seedlings rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [301 days of approval by the Kodiak Island Borough and acceptance and invoicing by Seller. This agreement will be governed by and interpreted in accordance with the laws of the State of Alaska, U.S.A., and the parties hereby attorn to the jurisdiction of the Superior Court of Kodiak Island Borough with venue in Kodiak, Alaska, in the event of the submission of any dispute to litigation. Time will be of the essence of this agreement IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Koncor Forest Products have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH KONCOR FOREST PRODUCTS By By Michael Powers John Sturgeon Borough Manager Title: General Manager Attest: Nova Javier Borough Clerk 2 Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 7 of 58 Do Sign Envelope 10. 50133313M4 13Mi171`-BBU2DOAPC7250E43 PRTS Trusted to grow - PRT Contract No. PN -2016-030 Owner Contract No. SEEDLING MANAGEMENT AGREEMENT AGENDA ITEM #12.A. THIS AGREEMENT effective this 23rd day of February, 2016 between KONCOR FOREST PRODUCTS ("Owner") of PO Box 230023, Anchorage, Alaska, 99523 and PRT USA INC. of do #101 — 1006 Fort Street, Victoria, British Columbia, V8V 3K4 ("PRT'). BACKGROUND: The Owner has agreed to engage PRT to cultivate a minimum number of seedlings as summarized below for the initial term of this agreement and detailed in Schedule "B", on the terms and conditions of this agreement: YEAR AND TIME OF SOWING YEAR AND TIME OF DELIVERY MINIMUM NUMBER OF SEEDLINGS 2016 Spring 2017 Spring 800,000 Total 800.000 For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties agree as follows: 1 RELATIONSHIP 1.1 Engagement. The Owner hereby engages PRT and PRT hereby accepts such engagement, for the purpose of providing the management services described in section 3.2 on the terms and conditions of this agreement. 1.2 Relationship. PRT and the Owner will at all times remain independent parties and are not, nor will they represent themselves to be, partners or joint venturers. INmA s En&WT 76 1 -M Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 8 of 58 AGENDA ITEM #12.A. Do Sio Envelope 10. W823884ee3A411F-8BE2- FMWE43 SUPPLY OF SEED 2.1 Seed Supply. The Owner will supply all seed from which it desires PRT to grow and deliver seedlings. 2.2 Title. Title to all seed supplied by the Owner and to all propagules and seedlings produced from such seed (the "Seedlings") will remain with the Owner throughout the initial term and any renewal term of this agreement, except as otherwise provided in this agreement. 2.3 Acouisition of Seed by PRT. If the Owner requests, and PRT agrees, to obtain the seed contemplated by this agreement, PRT will do so solely as the agent for the Owner and will have no obligation to the seed supplier or to the Owner, except as such agent. All seed so acquired for the Owner will be deemed for all purposes to be seed supplied by the Owner. 3 MANAGEMENT SERVICES 3.1 Nursery. PRT will manage the growth of the Seedlings at the nursery or nurseries specified in Schedule "A" or such other nursery facility as may be agreeable to the Owner (the "Nursery"). 3.2 Services. PRT will perform the services (collectively, the "Management Services') set out In Schedule "A" of this agreement. 3.3 Specifications. PRT will perform the Management Services in such a manner as to deliver to the Owner the Seedlings in the quantity, species, stock types and seedlols set out in Schedule "B". PRT further agrees to deliver the Seedlings In conformity with the specifications set out in Schedule "B" and the following further specifications (collectively, the "Specifications"): a) the Seedlings will be in a morphological and physiological condition which Is acceptable to the Owner, acting reasonably; b) the Seedlings will be substantially free of disease, pests, chlorosis and mechanical damage; and c) the Seedlings may have been treated only with pesticides registered under the Pesticide Control Act and approved under such Act for application upon forest seedlings and applied in accordance with the manufacturers specifications. 3.4 Supply of Materials. PRT will have the sole and exclusive right to determine the manner in which the Management Services are provided by it and shall supply, at its own expense, all materials other than the seed required for the provision of such Management Services. 3.5 Inspection. The authorized representative of the Owner will have a right of access to the Nursery premises at mutually agreed times, for the purpose of Inspecting the Seedlings, including verifying completion of sowing and inventories of the Seedlings and in order to complete a final inspection. INm ALS Ir EN �l -` I n Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 9 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 10 of 58 DocuSign Envelope ID: 50B338B4�B3A417F-BBE2-DDAFC9250E43 3 4 TERM AND TERMINATION 4.1 L. The initial term of this agreement will commence on the effective date shown on page one and will end on the date on which the Seedlings have been delivered to the Owner, or are deemed to have been abandoned by the Owner under this agreement, unless terminated earlier in accordance with the terms of this agreement. The parties may renew this agreement for one or more renewal terms by signing a revised Schedule "B" and attaching it to this agreement, which revised Schedule "B" will form part of this agreement and be deemed to be the Schedule "B" referred to herein. Each such renewal term will commence on the date on which the revised Schedule "B" is signed by both PRT and the Owner and will end on the date on which the Seedlings under the revised Schedule "B" have been delivered to the Owner, or are deemed abandoned by the Owner under this agreement, unless terminated earlier In accordance with the terms of this agreement. 4.2 Termination. If the Owner fails to make any payment required to be made under this agreement, and falls to remedy such breach within thirty (30) days of receipt of written notice from PRT requesting remedy thereof, PRT may, at Its option, terminate this agreement without further notice to the Owner. In the event of such termination, the Owner will pay forthwith to PRT an amount equal to the Fees (as defined below) In full less any instalment payments previously received by PRT, and the Seedlings shall be deemed to have been abandoned to PRT. 5 DELIVERY 5.1 Delivery. PRT will deliver the Seedlings to the Owner F.O.B. the Nursery, or at such other location as is mutually agreeable to the Owner and PRT, on the delivery date set out in Schedule "B" (the "Delivery Date"). 5.2 Shipment. PRT will mark all shipping containers with the planting stock description and box quantities (including species, age, stock type and seedlot) and will provide the Owner with shipping invoices showing the number of Seedlings, by species and stock types, and the pesticide uses and dates of application with each shipment. 6 REPORTING 6.1 Samples. At the Owner's request PRT will deliver samples of the Seedlings, provided that such samples will not exceed, in the aggregate, one-half of one percent (0.51/6) of any of the seedling types specified in Schedule "B". 6.2 Reports. PRT will deliver reports to the Owner containing such details and information regarding the Seedlings as may reasonably be requested by the Owner. 6.3 Pesticide Reporting. PRT will maintain, and will make available to the Owner at the Ownel's request, a complete and Itemized written record of pesticide applications made to the Seedlings, including chemicals, dates, and rates of applications used. 6.4 Written Inventory. PRT will maintain, and will deliver to the Owner not less than twice during the crop cycle, a written inventory of the Seedlings and will advise the Owner of any material event which is likely to have a significant adverse Impact on the physical condition or inventory of the Seedlings. NmA s EP ,-yam FL In Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 10 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 11 of 58 Do Sign Envelope ID:508331364-0e3A<17F-eeE2-OOAFC7250E43 4 7 PAYMENT FOR MANAGEMENT SERVICES 7.1 Fees. In consideration of the Management Services, the Owner will pay PRT the management fees set out in Schedule "B" plus applicable taxes payable on such fees, which fees will be based on the number of Seedlings delivered On aggregate, the "Fees"). All dollar amounts shall be in U.S. dollars unless otherwise specified. 7.2 Payment Schedule. The Owner agrees to pay the Fees in Installments, in accordance with the payment schedule set out in Schedule "C". The Owner agrees to make all payments on PRTs standard Invoice terms and in US Funds in cash or by check on bankers' draft negotiable by PRT without fee at a Canadian or U.S. chartered bank designated by PRT. 7.3 Excess Payments. If, on the Delivery Date, the aggregate Instalment payments made to PRT exceed the Fees owing for the Seedlings actually delivered on the Delivery Date, PRT will repay the amount of such excess to the Owner within 30 days of such date. 7.4 Holding Over Fee. If the Owner fails to accept any or all of the Seedlings on the Delivery Date as specified In Schedule "B" and the Seedlings have met the Specifications by such date, then the Owner shall pay to PRT, upon invoke, the amount of accrued and unpaid Fees as at the Delivery Date plus a sum equal to five percent (59/6) of the Fees for each additional month or portion thereof during which the Owner does not take delivery of the Seedlings. The additional fee shall be payable upon delivery of the Seedlings. 8 EXCESS PRODUCTION AND ABANDONMENT 8.1 Excess Seedlings. If PRT produces Seedlings in excess of the quantities specified In Schedule "B" ("excess seedlings"), then PRT will offer such excess seedlings to the Owner at a fee per seedling equal to the fee set out in Schedule "B" for similar stock. If the Owner does not accept the excess seedlings within sixty (60) days following the lift date for the excess seedlings, it will be deemed to have abandoned all of the excess seedlings to PRT as of the Delivery Date. 8.2 Excess Seedlings — Mandatory Contract Overruns. The Owner agrees to accept Excess Seedlings identified as Mandatory Contract Overruns at a fee per seedling equal to the fee set out in Schedule "B" for similar stock. Mandatory Contract Overruns are defined as those excess seedlings required to complete the packaging of one full box of an order over the original contracted requested seedlings 8.3 Failure to Accept Seedlings Meeting Specifications. If, for any reason, the Owner does not take delivery of the Seedlings on the Delivery Date, except only by reason of the failure of PRT to make delivery available in accordance with the terms of this agreement, and If the Seedlings meet the Specifications, the Seedlings will be deemed to have been abandoned to PRT by the Owner upon the expiration of fifteen (15) days from the Delivery Date provided that prior to the expiration of such 15 day period the Owner has not notified PRT that it wishes to engage PRT on a holding over basis on the terms set out in paragraph 7.4. 8.4 Seedlings Not Meeting Specifications. The Owner is riot obligated to accept delivery of any of the Seedlings which do not meet the Specifications. However, the Owner may agree to accept such seedlings on such other terms as are mutually acceptable to the Owner and PRT. If the Owner does not accept such seedlings on the terms of this agreement or such other terms upon which PRT and the Owner may agree: INtTIALe r In Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 11 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 12 of 58 D Sign E vela 10. WRMBB RMB 17F-BSU-D0AFMWE43 5 a) the Owner will be relieved of its obligation to pay that portion of the Fees directly related to the non -conforming seedlings and will be entitled to a refund of all Instalment payments made in respect of such seedlings. PRT will make such refund payments to the Owner within 30 days of the expiration of the initial term or, as applicable, any renewal term, of this agreement and PRT will be entitled to set-off any such refund payments against Fees payable by the Owner to PRT under this agreement; and b) the Owner will be deemed to have abandoned such non -conforming seedlings to PRT as of the Delivery Date without any right of compensation therefor. 8.5 No Obligation to Account. When used in this agreement the term "abandonment" (and any variations thereol) means that the Owner has abandoned to PRT absolutely all of the Owner's right, title and Interest in and to the Seedlings for all purposes and except as otherwise expressly provided herein, with no right of compensation therefor or refund of Fees. PRT will not be obliged to account to the Owner in any fashion for the use made or proceeds of the Seedlings abandoned to PRT under the terms of this agreement. 9 LIMITED WARRANTY 9.1 Seedling Survival. PRT warrants to the Owner that seedlings produce under the terms of this Agreement and which are subject to cold storage at a PRT cold storage facility or other agreed upon cold storage facility shall be capable of 909/6 (ninety percent) or greater survival, as determined by potting tests, when shipped to the Owner. In the event that seedlings are not capable of survival as described, PRT agrees to advise the Owner immediately, and further agrees to provide sufficient seedlings to make up the balance to 100% (one hundred percent) of the original delivered amount, as soon as possible, and not later than two years after the originally planned shipping date. EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 9, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SALE OF SEEDLINGS OR THE PROVISION OF MANAGEMENT SERVICES HEREUNDER, AND ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 10 NOTICES 10.1 Notices. Any notice or report or other communication required to be given by either party to this agreement will be given In writing and will be deemed to have been duly given if delivered by hand or by verified facsimile, or upon the third business day after the communication has been delivered to Canada Post or the U.S. Postal Service, whichever may be applicable, postage prepaid, for delivery by registered mail to the other party at the address set out on page one. 10.2 Authorized Official. The Owner will appoint an authorized official with complete authority to exercise all discretion of the Owner provided for in this agreement and to conduct all inspections, approve all documents and otherwise communicate with PRT under this agreement and will specify such authorized official in Schedule "D". PRT will not be obliged to took to any further authority for the purposes of this agreement than the designation of the authorized official in Schedule "D". If the Owner fails to appoint an authorized official, or to replace such authorized official when necessary and to notify PRT of such replacement, the President of the Owner (or the signatory to this agreement if the Owner is not a corporation) will be deemed to be the authorized official. Irannrs ' / a I Ir Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 12 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 13 of 58 D.S,gn Envelope ID. WB3388i-083A-017F-BBU DO FC725 ET43 6 11 GENERAL CONDITIONS 11.1 Goveming Law. This agreement will be governed by and Interpreted in accordance with the laws of the state of Washington, U.S.A., and the parties hereby attorn to the jurisdiction of the Superior Court of King County, Washington, with venue in Seattle, Washington, In the event of the submission of any dispute to litigation. 11.2 Time of Essence. Time will be of the essence of this agreement. 11.3 Entire Agreement. This agreement constitutes the entire agreement between the parties and there are no representations, warranties, collateral contracts, conditions or terms, express or implied, other than Included herein. 11.4 Force Majeure. PRT will not be liable to compensate the Owner In any manner if PRT is unable to deliver the Seedlings or any part thereof by reason of Acts of God or of the public enemy, wars, Insurrection, riot, crop failure, failure of seeds to germinate, loss of seedlings by fungus or other disease, Insects or other pests, fire, flood, strikes or other industrial dispute or any other cause beyond its control; provided that it any such event does not cause total destruction of the Seedlings, PRT will deliver and the Owner will accept such portion of the Seedlings as have grown and met the Specifications and the Owner will pay to PRT a proportional amount of the Fees. 11.5 Arbitration. In the event of any disagreement or dispute between the parties with respect to this agreement or the interpretation thereof, the dispute will be finally settled by arbitration administered by the Commercial Arbitration and Mediation Center for the Americas in accordance with its rules, with venue in Seattle, Washington. There shall be one arbitrator. The determination of the arbitrator shall be final and binding on the parties with the arbitration costs being borne equally by the parties, and the judgment or award rendered by the arbitrator may be entered In any court having jurisdiction thereof. Either party may serve notice to submit the dispute to arbitration, having attempted to resolve the dispute by agreement, if the dispute remains unresolved for a period of more than twenty-one (21) days after such attempt. 11.6 Limited Liability. PRTs liability for damages to the Owner for any cause whatsoever, and regardless of the form of action, whether In contract or In tort, will be limited to the Fees. In no event will PRT be liable for any lost profits or savings, or for Incidental, consequential, punitive or exemplary damages, regardless of the form of action, even if PRT has been advised of the possibility of such damages, or for any claim against PRT by any other party. 11.7 Survival. This agreement will enure to the benefit of and be binding upon the parties hereto, their personal representatives, successors and permitted assigns as the case may be. This agreement may not be assigned without the prior written consent of the other, provided that PRT may at any time assign this agreement or subcontract the Services or any portion thereof, to any affiliate of PRT. 11.8 Severability. If any term of this agreement is partially or wholly invalid or unenforceable, the remainder of this agreement will not be affected and each remaining term will be separately valid and enforceable. The parties hereto agree to negotiate in good faith to agree to a substitute provision which will be as close as possible to the intention of an invalid or unenforceable provision as may be valid or enforceable. 11.9 Schedules. For greater certainty, it is specifically agreed and acknowledged that Schedules "A", "B", "C", "D" and where applicable "E" attached hereto and separately signed by the parties form part of this agreement. wmws EB In Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 13 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 14 of 58 Do Sign Envelope ID: 5GEKQBB4-0BMA17F-BBE2-DBAFC7250E43 7 TO EVIDENCE THEIR AGREEMENT each of the parties has executed this agreement on the date appearing below. KONCOR FOREST PRODUCTS By pa�vv.e yr Authorized Signatory Date: 3/21/2016 PRT USA INC. By: .1�IvLie: C1� npYulL Authorized Signatory Date: 3/1/2016 Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 14 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 15 of 58 DocuSign Envelope ID: 50B33BN-OBMAWF-BBF-DOAFC7250E43 PRT CONTRACT NO. PN -2016-030 PRre JOWNER CONTRACT NO, Trustedtogrow- Date: Feb 23, 2016 SCHEDULE'A' SEEDLING MANAGEMENT CONTRACT BETWEEN: Koncer Forest Products PO Box 230023 Anchorage AK 99523 USA Tel: (907) 680-2349 AND: PRT USA INC. 1. CONTACT PRT USA - Pacific Northwest Region Go #101 - 1005 Fort Street Victoria BC V8V3K4 Tel: (250) 287-0366 Fax: (250) 286-1229 2. SERVICES: Seadlino Produrtinn INITIALS Repod I0: CAS CON 4 R 4111T In Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 15 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... 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Page 19 of 58 fMa3ign Envelope 10: 5oB33aa4Ua3Ai1]F-BBE2DOAFC]250EI] PRT CONTRACT NO. PN -2016-03g OWNER CONTRACT NO. Trusted mBroW' Date: Feb 23.2015 SCHEDULED' Page I of I SEEDLING MANAGEMENT CONTRACT BETWEEN: KONCOR FOREST PRODUCTS AND: PRT USA INC. AUTHORIZED OFFICIALS The OWNER hereby designates as Its authorized offcol(s) for al purposes under the oontrnct: Name: Keith Coulter Name: Position: Forest Manager, Afognak Operations Position: Address: PO Box 230023 Address: Anchorage, AK 99523 USA Tel. No.: (907) 680-2349 TeL No.: Fax No.: Fax No.: Name: Name: Poslton: Posdan: Address: Address: Tal. No.: Tel. No.: Fax No.: Fax No.: PRT hereby designates as its authorized official(s) for all purposes under the contract: Name: Tom Harvie Position: Customer Suppon Representative Address; No #101 -1006 Fort Street Victoria. BC VBV 3K4 Tel. No.: (250) 287-0366 Fax No.: (250) 3/21/2016 DELIVERED BY: -' OWNER rf�omuywer ACCEPTED BY: I I oat hywt. DATE: Repan 10: CAS CON] Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 19 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 20 of 58 Wahrenbrock Forestry Consultant 36720 True Fir Circle Soldotna, Alaska 99669 39 Fears Alaska Forestry Experience August 1, 2016 Attn: Duane Dvorak Kodiak Island Borough 710 Mill Bay Road, Room 101 Kodiak, AK 99615 Re: Reforestation Numbers and Information Dear Mr. Dvorak: During phone discussions yesterday and also via email reference, you asked me to provide a short discussion about tree planting density alternatives for reforestation of the Twin Creeks salvage timber harvest area. You also asked about availability of tree planting contractors if KIB purchases or contracts production of tree seedlings for this area. ACREAGE: With respect to acreage, KIB has a current obligation to reforest the 200 -foot wide riparian areas (100' each side of stream) where salvage harvest will be conducted. A-1 Timber has projected a total of 122 acres of riparian zone in the entire project area. However, because of steep slope gradient and other non-operable conditions, only 43 acres of RMZ is expected to be logged. The general logging units outside of RMZ's are mapped at 746 acres. You asked about how much of this area will be waded to allow for logging access. It is projected that about 7 miles of road will be constructed. Assuming a 20 root wide disturbance swath, approximately 17 acres of the project area will be hard surface road. This equates to about 2% of the entire pmject area. In putting these numbers together, 43 acres is the RMZ required for reforestation. An estimated 729 acres can be reforested in the general harvest land. This totals 772 acres altogether. TREE SEEDLING DENSITY: With regards to tree planting density, I will discuss four numerical options. This includes zero, 200 trees per acre, 360 trees per acre and 450 trees per acre. • Zero --If no action is taken to reforest this land, given the sparse live residual trees in proximity to the fire salvage area, this land will revert to salmonberry and likely be 1 Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 20 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 21 of 58 dominated by alder and other brush species after about 30-50 years. It is expected that spruce will gradually encompass the site after 100-200 years. So in terms of forest benefit, if KIB does nothing —they get nothing. Tree seedlings required — zero is zero. • 200 Trees net Acre -- With respect to Slate FRPA Regulations, Kodiak is located in Region I which identifies a minimum of 200 trees per acre to satisfy reforestation requirements. Region I encompasses the coastal forest dominated by Sitka spruce. Over much of this range, timber harvest is followed by a high density natural reforestation event. Typically, the forest regeneration problem is far too many trees. I can relate that I was involved during the 1992 drafting of this Regulation standard. This numerical value was derived from political resolve pushed by logging industry and has scientific disparity for producing anew healthy vigorous forest. Using this density at Chiniak will produce a sparse distance with trees taking 40-50 years to reach crown closure. The tree form will have a strong taper and have a large limb structure. From a standpoint of log product quality, neither of these traits are desirable and will generate a lower log material log value. Values associated with recreation and aesthetics will also not be realized as soon with this low planting density. Tree seedling spacing 15' x 15' Tree seedlings required for 43 acres at 200 per acre — 8,600. Tree seedlings required for 772 acres at 200 per acre -- 154,400 • 360 Trees net Acre -- This is the minimum planting density I recommend for this area. This number is based upon consideration of short -tern expense of tree planting and knowledge of the forest structure that will be generated in the future. Ordinarily, forest fires leave a greater mosaic of unburned "islands" or patches of unaffected trees that will serve as seed source for augmenting tree seedling planting and future forest structure. And ordinarily, neighboring unburned lands were not recently harvested which leaves no seed -bearing trees along most of the fire perimeter. If mature tree producing trees were of greater abundance in the project area to augment tree stocking through natural regeneration, then a lesser planting density would be appropriate, such as the 200 tree density. Using this 360 density at Chiniak will take about 25-35 years before trees begin to achieve crown closure. Tree seedling spacing 1 I' x I P Tree seedlings required for 43 acres at 360 per acre — 15,480 Tree seedlings required for 772 acres at 360 per acre — 277,920 • 450 Trees net Acre — This is the reforestation standard for most of Alaska under State FRPA Regulations. The State DNR and DF&G recently completed a review of reforestation standards using a "science and technical committee" followed by an "implementation committee" to review all of the reforestation Regulation requirements. Both committee groups resolved that 450 trees per acre is a necessary forest density to 2 Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 21 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 22 of 58 sustain a usable forest struclme in white spruce and spruce -hardwood forest types. Using this density at Chiniak will take about 20-25 years before trees begin to achieve crown closure. Tree seedling spacing 10'x 10' Tree seedlings required for 43 acres at 450 per acre — 19,350 Tree seedlings required for 772 acres at 450 per acre -- 347,400 In summary, and to put matters in layman terms: Zem trees — no future forest structure • 200 trees/acre — poor future forest structure • 360 trees/acre — good future forest structure • 450 trees/acre — best future forest structure TREE PLANTING CONTRACTORS: Large scale tree planting operations have been conducted for the past 6-8 years on Afagnak Island and in past few years, several large reforestation plantings have been conducted on Leisnoi lands in the Chiniak area. While tree planting is a specialty line of business, I am familiar with two contractors in Alaska and at least one more based in Oregon that will likely bid on a contract for planting the Twin Creeks area. The key to success with this reforestation program will be to determine a probable seedling delivery schedule in the near future. This should be followed with preparation of tree planting contract spec's. Ideally, a tree planting contract should be solicited by KIB in September or October at the latest for a May 2017 planting operation. Part of the scheduling time frame also has to include coordination with the nursery producer and the transportation company that will deliver of seedlings to Kodiak. ECONOMIC CONSIDERATIONS: An economy of scale factor for tree planting costs will be realized depending on the number of seedlings KIB decides to plant As example, a tree planting density of 450 and 360 trees per acre are close to the same spacing and therefore I would net expect a great deal of cost difference for planting each tree. When it comes to 200 trees per acre, contract planters are covering same amount of acreage but putting fewer stems in the ground, therefore, planting unit costs will be higher. The above discussion of available tree planting contractors was qualified on `large scale tree planting operations". If KIB chooses to only plant trees in the obligated 43 acres of RMZ area, that is a "game changer" for attracting commercial tree planting contractors to conduct this operation on Kodiak. Transportation of tree planting personnel atone will result in a disproportionally high tree planting unit cost So if the 43 acres RMZ is determined to be the 3 Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 22 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 23 of 58 only reforestation effort, we will have to get "inventive" about how this can be accomplished with a reasonable cost value. MISCELLANEOUS REMARKS: In early discussions of conducting tree salvage near salmon streams and requesting a State FRPA "Variation from Requirements" for this action, there was dialogue of replanting other plant species than spruce in the riparian areas. I have been involved with forest/fish habitat operations for a long time. In that time I have learned that deciduous trees have much more benefit to salmon rearing habitat compared to spruce. With this said, I encourage that a small amount (4,000 — 6,000) of cottonwood stem cuttings be planted among spruce in the RMZ areas. You mentioned some discussion among Assembly members about the idea of sending a box of tree seedlings (134 trees per box?) to outlying communities around Kodiak. On the one hand --- I think this is an admirable idea. But, there are logistical considerations for making this a successful project. The seedlings themselves need to be kept in a refrigerated cool condition until just before being planted. So if this program is going to work, folks in the various communities need to be prepared to plant the seedlings soon (within a few days) after they are delivered. If you have any questions regarding the above information and details, please let me know! Best Regards, Wade W. Wahrenbrock Forester a Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 23 of 58 AGENDA ITEM #92.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 24 of 58 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road, Room 101 Kodiak, Alaska 99615 Phone (907) 486-9304 Fax (907) 486-9374 &mail: ddvore QkWialA ux Date: July 18, 2016 To: Jerrol Friend, Mayor Members of the Assembly Through: Michael Powers, Manager From: Duane Dvorak, Resource Management Officer RE: Proposed KIB Contract FY2017-09, An agreement to purchase 300,000 Spruce Tree Seedlings for a Spring 2017 planting season in Chiniak. In the aftermath of the Twin Creeks Fire, staff has been working with the assembly and interested members of the public to develop a salvage and recovery effort for fire damaged borough land near Chiniak. If the land is to be restored to a forested state, there is a small window of time in order to ensure a successful reforestation effort. With the proliferation of new ground vegetation and the type of wildlife it supports, a matter of additional months to the replanting could result in many additional years in seeing the forest lands restored to maturity. Replanting the borough lands near Chiniak will be paid by revenues realized from the Salvage Timber Sale currently ongoing. Adequate funds have been budgeted for this purpose from the Special Revenue Land Sale Fund. There will be no impact to the General Fund. At the time the assembly approved the contract with A-1 Timber to conduct the salvage timber harvest, the deadline for ordering trees for delivery in spring 2017 bad already passed. As a result, staff was then looking at fall 2017 and was considering the need for a competitive solicitation to purchase Spruce Tree seedling stock. However, Koncor Forest Products, which is currently harvesting timber on Afognak Island, approached the borough about purchasing some seedlings that were ordered for a spring 2017 planting. Known' s timing to be ready for a Spring planting is off and they are offering seedlings to the borough at their cost. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 24 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 25 of 58 Page 2 of The borough's forest management consultant has reviewed the documentation for the tree seedlings and believes that they are an appropriate replacement for the trees lost to fire in Chiniak. Koncor Forest Products is offering 300,000 trees at $0.3678 per tree which is 5110,340. The trees are being produced by PRT USA which is actually based in Victoria, BC. With additional charges from the nursery to prepare the shipment, the total cost of the purchase would look like this: $110,340 — nursery price of $0.3678 per tree for volume of 300,000 seedlings for KIB $8,866 — nursery costs for cold storage after trees are lifted from growing containers and wrapped for spring shipping $925 — nursery costs for palletizing and shrink wrap boxed tree seedlings prior to shipping S 100 — Koncor cost for acquiring tree seed for producing plant materials $120,231 Total projected cost for seedling purchase The success of the replanting effort will be greatly increased if the planting can be done in spring 2017 rather than fall 2017. Another full growing season for ground vegetation in the aftermath of the fire and salvage timber harvest will make it harder for the seedlings to compete with the ground vegetation plant species. Kodiak Island Borough Code (KIBC) 3.30.040 Advertising for Bids states that "Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated value of more than $25,000 may be made only after a notice calling for bids is issued... The purchase or contract shall be awarded to the lowest responsible bidder, or in the case of a sale to the highest responsible bidder." Normally, staff would expect to follow the process outlined above. Due to the interest of timing however, the purchasing of seedlings from Koncor Forest Products will require a sole source purchase if the borough wishes to have the seedlings available for a spring 2017 planting season. Staff believes that this is justifiable under KIBC 3.30.070 as follows: 3.30.070 Exception to bidding requirements. The requirements 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 jeopardize the public health or welfare; Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 25 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 26 of 58 Page 3 oF3 Replanting of borough land in Chiniak is considered by staff to part of the long tern recovery of Chiniak community to its pre -fire condition. As noted by the borough's forest management consultant, the longer the time period between the clearing of the land and the reforestation effort, the more probable seedling tree survival rates after planting will be diminished. At the same time, delay in reforestation effort will mean an increase in competing surface vegetation which will require more economic expenditure to have a successful tree planting outcome. It should also be noted that the hyo -year window for replanting is usually tied to the time of harvest. however in this case, the two-year window of opportunity likely opened at the time of the fire which has been likened to a `thermal clear-cut". That would make fall 2017 the end of the two-year window. Having the trees replanted in the spring, would advance the forest regeneration process by a full growing season. Based on the foregoing, the delay required for a bidding process would jeopardize the public welfare as the investment of public funds into reforestation would be demonstrably less successful after the 2017 growing season as opposed to replanting before the second full growing season. For these reasons staff recommends that the assembly approve a sole source purchase of 300,000 Spruce seedlings from Koncor Forest Products as the initial stage in preparing for a spring 2017 replanting of borough lands damaged by fire near Chiniak. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 26 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 27 of 58 KODIAK ISLAND BOROUGH AGREEMENT TO PURCHASE SPRUCE TREE SEEDLINGS FROM KONCOR FOREST PRODUCTS KODIAK ISLAND BOROUGH PURCHASE AGREEMENT Contract No. FY2017-09 THIS AGREEMENT, made this 4th day of August, 2016, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Koncor Forest Products, P.O. Box 230023, Anchorage AK 99523, hereinafter called the Seller. WITNESSETH: That the Seller, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish 300,000 Sitka spruce bee seedlings for the Kodiak Island Borough per the specifications set forth in the original purchase document from PRT USA (Attached) for same and for the sum of One Hundred Twenty Thousand Two Hundred Thirty-one (120,231) Dollars. The Seller agrees that the Sitka spruce seedlings sown by PRT USA that will be sold to the KIB will be shipped, stored and handled in the exact same manner as Seller's seedling. The Seller warrants it is selling these seedlings to the KIB at its cost and is not marking them up in any way. The Seller also agrees if the seedlings the KIB receives are not up to the specifications in the PRT purchase agreement the Seller will pursue a remedy with the same diligence as if they were the Seller's seedling. Any warranty will be with the PRT Nursery and will be through the Seller unless the agreement can be successfully assigned to PRT USA under the same terms of this agreement.. The agreement entered into by the acceptance of the Seller's proposal to sell Spruce Tree seedlings and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. Agreement to Purchase 2. Original Seedling Invoice between Koncor Forest Products and PRT USA In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Borough Manager covenants and agrees that the delivery of said Spruce Tree seedlings and the actual planting of said bees shall be furnished solely by the Kodiak Island Borough and, as such, is beyond the scope of this agreement. The Borough Manager will make separate arrangements for said shipping and handling, as well as planning for the replanting effort on Kodiak Island near Chiniak, Alaska. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 27 of 58 AGENDA ITEM #12.A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 28 of 58 KODIAK ISLAND BOROUGH AGREEMENT TO PURCHASE SPRUCE TREE SEEDLINGS FROM KONCOR FOREST PRODUCTS The Seller hereby agrees to receive the prices set forth in the proposal as full compensation for conveying ownership of 300,000 Spruce Tree seedlings to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Seller shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder except that the agreement can be assigned to PRT USA, subject to the approval of the Kodiak Island Borough, if PRT USA is willing to deal directly with the Kodiak Island Borough under the same terms and provisions of this agreement agreed to by Seller. Payment for conveyance of Spruce Tree seedlings rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of approval by the Kodiak Island Borough and acceptance and invoicing by Seller. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Koncor Forest Products have hereunto set their hands and seals, the day and year first above written. KODIAK ISLAND BOROUGH KONCOR FOREST PRODUCTS By By Michael Powers John Sturgeon Borough Manager Title: General Manager Attest: Nova Javier Borough Clerk Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 28 of 58 AGENDA ITEM mzA §§ 2 .36\|§ ; §i;\ - i§ | ,! i ! �§ \ ! !l..;�!!� Lh \ ,\ • /§ , _ }i\§ \i Aft ��12 Contract No. FY3,9og&Sole Source Age_G3Purchase t. ee 29y@ AGENDA 7£m AZA Contract k.FYa,7-09&&leSourceAge_G3 @r_ K. 7p 30¥m g ( � | �{ |!!!I } \\ � 0k | � � ! _ � /\\ }\2z Sams , /9' \/ §()§ ( � �)R| `2 Contract k.FYa,7-09&&leSourceAge_G3 @r_ K. 7p 30¥m AGENDA ITEM #12.A. Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road, Room 108 Kodiak, Alaska 99615 Phone (907) 486-9304 Fax (907) 486-9374 E-mail: d&omk@kodiakak.us To: Kodiak Island Borough Assembly Jerrol Friend, Mayor Through: Michael Powers, Manager From: Duane Dvorak, Resource Management Officer Date: August 16, 2016 Re: Discussion of proposals to reforest borough land in Chiniak This memorandum is intended to accompany the letter from Wahrenbrock Forestry Consultant dated August 14, 2016. Additional information was provided in an email that was not included in the letter but which may be of interest to the assembly. A full van for shipping is 139,000 seedlings. In order to avoid shipping a partial van, the optimal number of seedlings to ship would be either 139,000 or 278,000. The attached letter assumes 278,000 for the purposes of outlining the total costs of reforestation as proposed by staff. Another point of note is that the KIB administrative costs are budget separately, so that total project costs in these scenarios for the seedlings, transportation and planting aspects of a reforestation project would not include the administrative costs which are budgeted separately for the entirety of the salvage timber sale project. Regarding the prospect of planting hardwoods along the stream banks in the riparian management zone, the consultant has recommended the experimental planting of 4,000 to 6,000 cottonwood cuttings along the immediate banks of salmon streams. These cuttings may be harvested in winter from state or borough lands as there are no nurseries currently producing cottonwood seedlings. The Kodiak Soil and Water Conservation District would be interested in providing a proposal when staff can provide them with a scope of work. With the prepared Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 31 of 58 AGENDA ITEM #12.A. Page 2 of 2 cuttings, the spring planting crew would be able to place the cuttings for an estimated $2,000 additional charge. It is important to note that the proposed hardwood plantings would be located along the immediate stream bank. The selective harvest of fire damaged timber in the 100 foot wide riparian management zone (RMZ) does not intersect with any part of the nearest 25 feet of the streamside, so this hardwood planting is intended as an additional effort to improve salmon stream productivity only. This effort is not related to the boroughs requirement to replant the 43 acres of disturbed RMZ area. In addition, there are many areas where the preserved streamside RMZ contains burned over timber so that the benefits of hardwood plantings would be spread along the fire damaged area and not in the areas disturbed by salvage timber harvest. Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 32 of 58 AGENDA ITEM #12.A. Wahrenbrock Forestry Consultant 36720 True Fir Circle Soldotna, Alaska 99669 39 Years Alaska Forestn Experience August 14, 2016 Attn: Duane Dvorak Kodiak Island Borough 710 Mill Bay Road, Room 101 Kodiak, AK 99615 Re: Reforestation Costs for Twin Creek Salvage Area Dear Mr. Dvorak: You have inquired about cost estimates for reforestation of the Twin Creek burn area that is currently being salvage logged. In this regard, I will provide two different estimates. One estimate will address approximately 43 acres which is mandated for reforestation in accordance with a Variation from Requirements that was authorized by the State to salvage dead trees in riparian areas. The second estimate will address approximately 772 acres which is the entire area where salvage harvest will be conducted. This area does not have specific obligation to reforest, other than the ethic of good land management practices and investing in future public benefit. Along with using my past reforestation cost experiences, I have relied on reforestation fiscal cost information provided by David Neshiem who is currently involved with reforestation on neighboring Leisnoi lands. Additional reforestation cost information was also obtained Koncor. REFORESTATION OF RIPARIAN ZONES Proiect Assumptions: 1. 225 trees per acre — bare minimum to meet State obligations 2. 9,700 tree seedlings total 3. 4 tree planters — planting 1,200 trees/day/person 4. 8 days duration to plant tree stock 5. Koncor— PRT current nursery contract costs Nursery Costs: • Seedling Purchase -- $3,600 • Palletize Boxes-- $100 Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 33 of 58 AGENDA ITEM #12.A. SeedlingTransportation ransportation Costs: • Seedling shipping to Kodiak — $11,200 • On Kodiak transport and handling -- 2,400 Tree Planting Contract Costs: • Crew air transport to Kodiak & return -- $4,000 • On Kodiak ground transportation — $400 • Lodging and per diem -- $3,200 • Tree planting labor @$.50/tree —$4,900 KIB Administration Costs: • Consultant Forester contract — $4,200 Project Total Cost -- $34,000 • $3.51 per tree seedling REFORESTATION OF ENTIRE HIB FIRE IMPACT AREA Project Assumptions: 1. 360 trees per acre — stocking density to produce new forest 2. 278,000 tree seedlings total 3. 15 tree planters — planting 1,200 trees/day/person 4. 17 days duration to plant tree stock 5. Koncor — PRT current nursery contract costs Nursery Costs: • Seedling Purchase -- $102,900 • Palletize Boxes — $5,200 Seedling Transportation Costs: • Seedling shipping to Kodiak -- $30,800 • On Kodiak transport and handling — $2,400 Tree Planting Contract Costs: • Crew air transport to Kodiak & return — $15,000 • On Kodiak ground transportation — $1,500 • Lodging and per diem — $25,500 • Tree planting labor @$.44/tree — $122,300 KIB Administration Costs: • Local Consultant Forester contract — $11,500 Proiect Total Cost — $317,100 • $1.14 per tree seedling Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 34 of 58 AGENDA ITEM #12.A. There are two principal options for acquiring tree planter contract services. Koncor plans to conduct tree planting operations on Afognak Island this early summer. They have expressed interest in using the same contract crew, thereby cost sharing airline transportation costs with KIB for bringing the crew to Alaska. A second option is to produce a contract package that can be competitively bid. As conclusion, I will advise that the line item nursery costs are pretty well defined with Koncor and PRT. Other projected reforestation cost estimates, however, may vary plus or minus 15%. Best Regards, Wade W. Wahrenbrock Forester Contract No. FY2017-09 A Sole Source Agreement To Purchase 3... Page 35 of 58 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 18. 2016 _ ASSEMBLY REGULAR MEETING Ile TITLE: Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods and Means of Borough Land Disposal Process. ORIGINATOR: Duane Dvorak FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: No Amount Budgeted: This ordinance has been recommended to the assembly by the Borough Lands Committee (BLC) in order to address certain matters related to borough land disposal and land sales. The BLC established a subcommittee of its members in order to delve into the various provisions of KIBC Chapter 18.20 Real Property Disposal - In General. The subcommittee met over the course of several months to consider all provisions of KIBC 18.20. In the end, the subcommittee recommended a fairly limited range of recommended amendments. This recommendation was subsequently reviewed by the full BLC and forwarded on to the assembly with the committee's recommendation. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-16 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 36 of 58 AGENDA ITEM #13.C.1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 37 of 58 Introduced by: Borough Manager Requested by: Borough Lands committee I Drafted by: Resource Management 2 office Introduced: 08118/2016 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2017-16 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING SECTIONS OF KODIAK ISLAND BOROUGH II CODE TITLE 18 BOROUGH REAL PROPERTY, CHAPTER 18.20 12 REAL PROPERTY DISPOSAL - IN GENERAL TO ADDRESS 13 CERTAIN METHODS AND MEANS OF BOROUGH LAND DISPOSAL 14 PROCESS 15 16 WHEREAS, the Kodiak Island Borough Lands Committee has created a subcommittee 17 to consider potential changes to the land disposal process in order to prepare for a future 18 land sale; and 19 20 WHEREAS, the subcommittee, after several meetings, has narrowed down a limited and 21 focused number of recommended amendments to KIBC 10.20 Real Property Disposal — In 22 General; and 23 24 WHEREAS, the full Borough Lands Committee has received the recommendation of the 25 subcommittee and now has added its own recommendation of the full Committee in 26 forwarding this ordinance to the Kodiak Island Borough Assembly; and, 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that: 30 31 Section 1: This ordinance is of a general and permanent nature and shall be codified. 32 33 Section 2: The following sections of KIBC 18.20 are hereby amended as indicated. 34 35 18.20.050 Election required. 36 37 The sale, lease or other permanent disposal of borough land valued at $250;009 38 $1,000,000 or more per parcel to any single individual, partnership or corporation by 39 means other than outcry auction shall, in addition to conforming to this title, be subject to 40 approval by ordinance ratified by a majority of the qualified voters voting at a regular or 41 special election at which the question of the ratification of the ordinance is submitted. 42 Notice of the election shall be given in accordance with KIBC Title 7. 43 44 18.20.70 alifications of applicants and bidders. 45 A. An applicant or bidder for a disposal of borough land is qualified if the applicant or 46 bidder is: Kodiak Island Borough, Alaska Ordinance No. FY2017-16 Page 1 of 2 Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 37 of 58 AGENDA ITEM #13.C.1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 38 of 58 47 1. A. A. Ailwpm Rf the Unilpri States or has filed a dPAIRFRU9A Of iRIPHIIAR 0 48R (3110911, nd & 18 years of age or aver; 49 2. R A group, association, or corporation which is authorized to conduct business 50 under the laws of Alaska; or 51 3. 6. Acting as an agent for a person qualified under subsection A or B of this 52 section and has filed with the manager or designee, prior to the time set for the 53 disposal, a proper power of attorney or a letter of authorization creating such 54 agency. The agency shall represent only one principal, to the exclusion of 55 himself. 56 B. An applicant or bidder for a disposal of borough land is not qualified If the 57 applicant or bidder is currently in breach or default on any contract. lease. 58 deposit, or Payment in which the borough has an interest. 59 60 18.20.120 Land disposal methods. 61 62 The assembly may select any of the following disposal methods: 63 A. Where specifically permitted under this title, direct negotiations with interested 64 parties who seek to acquire borough land; 65 B. Invite sealed bids for borough land, specifying the time and place for receiving bids 66 and the minimum acceptable bid; 67 C. Offer borough land for sale at public auction, specifying a minimum acceptable bid; 68 or 69 D. Invite proposals to purchase borough land. The invitation shall specify the basis 70 upon which proposals shall be evaluated, which may include but need not be 71 limited to the proposed acquisition price, the quality of proposed development of 72 land and its benefit to the community, the qualifications and organization of the 73 proposer, the value of the proposed improvements to the land and the rents or 74 resale prices to be charged by the proposer. 75 E. Offer a 10% rebate of the purchase price for land if a residential dwelling is 76 established and legally occupied within 36 months of the land purchase. 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS DAY OF 2016 80 81 KODIAK ISLAND BOROUGH 82 83 84 85 Jerrol Friend, Borough Mayor 86 ATTEST: 87 88 89 90 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-16 Page 2 of 2 Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 38 of 58 AGENDA ITEM #13.C.1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 39 of 58 1 Introduced by: Mayor Friend 2 Requested by: Borough Lands 3 Committee 4 Dratted by: RMO Dvorak 5 Introduced on: 720116 6 Adopted on: 7 e KODIAK ISLAND BOROUGH 9 LANDS COMMITTEE 30 RESOLUTION NO. FY2017-01 11 12 13 A RESOLUTION OF THE OF THE KODIAK ISLAND BOROUGH LANDS 14 COMMITTEE RECOMMENDING THE AMENDMENT OF CERTAIN 15 PROVISIONS OF KIBC CHAPTER 18.20 REAL PROPERTY DISPOSAL — IN 16 GENERAL. 17 WHEREAS, Kodiak Island Borough Code (KIBC) 2.160 created the Borough Lands 18 Committee to review all borough lands in order to address a wide range of land Issues, including 19 the identification of lands surplus to the borough's need; and 20 WHEREAS, the Committee has established a subcommittee to look at code issues related to 21 the borough land disposal process; and, 22 WHEREAS, the subcommittee, after several meetings, has developed a limited number of 23 recommended changes to KIBC Chapter 18.20, that should it believes should be implemented 24 by the assembly prior to the next land sale; and, 25 WHEREAS, the full Borough Lands Committee hereby recommends the code amendments 26 set forth in the attached draft ordinance that it believes will help refine the land disposal process 27 and provide better tools in the borough land disposal process. 28 NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH LANDS 29 COMMITTEE THAT: 30 Section 1: The Kodiak Island Borough Lands Committee, in accordance with KIBC 31 2.160.040 Power and Duties, hereby recommends to the Kodiak Island Borough 32 Assembly that the proposed code amendments to KIBC Chapter 18.20 Real 33 Property Disposal — In General, as set forth in the attached draft ordinance. 34 should be adopted by the assembly and codified into the borough code. 35 ADOPTED BY THE KODIAK ISLAND BOROUGH LANDS COMMITTEE 36 THIS LD'fLL DAYOF S0 ly 2016 37 38 39 40 41 (� 42 V 43 Jerrol Friend, Borough Mayor Kodiak Island Borough Lands Committee Resolution No. FY2017-01 Page 1 of 2 Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 39 of 58 AGENDA ITEM #13.C.1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 40 of 58 44 45 ATTEST: 46 4� 488 D/'o ` 49 50 Nova M. Javier, MMC, B rough Clerk Kodiak Island Borough Lands Committee Resolution No. FY2017-01 Page 2 of 2 Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 40 of 58 AGENDA ITEM #13.C.1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 41 of 58 Introduced by: Borough Manager Requested by: Borough Lands Committee I Drafted by: Resource Management 2 Office 3 Introduced: Public Hearing: 4 Adopted: 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2017-XX 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 11 BOROUGH AMENDING SECTIONS OF KODIAK ISLAND BOROUGH 12 CODE TITLE 18.20 TO ADDRESS CERTAIN METHODS AND MEANS 13 OF BOROUGH LAND DISPOSAL PROCESS. 14 15 WHEREAS, the Kodiak Island Borough Lands Committee has created a subcommittee 16 to consider potential changes to the land disposal process in order to prepare for a future 17 land sale; and, 18 19 WHEREAS, the subcommittee, after several meetings, has narrowed down a limited and 20 focues number of recommended amendments to KIBC 18.20 Real Properly Disposal — In 21 General; and, 22 23 WHEREAS, the full Borough Lands Committee has recived and recommendation of the 24 subcommittee and now has added its own recommendation of the full committee in 25 forwarding this ordainance to the Kodiak Island Borough Assembly; and, 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH that: 29 30 Section 1: This ordinance is of a general and permanent nature and shall be codified. 31 32 Section 2: The following sections of KIBC 18.20 are hereby amended as Indicated. 33 Blue text is new language and red text that is struck through is deleted 34 language. 35 36 18.20.050 Election required. 37 38 The sale, lease or other permanent disposal of borough land valued at $230;000 39 1,000,000 or more per parcel to any single individual, partnership or corporation by means 40 other than outcry auction shall, in addition to conforming to this title, be subject to approval 41 by ordinance ratified by a majority of the qualified voters voting at a regular or special 42 election at which the question of the ratification of the ordinance is submitted. Notice of the 43 election shall be given in accordance with KIBC Title 7. 44 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Page 1 of 3 Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 41 of 58 AGENDA ITEM #13.C.1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 42 of 58 45 18.20.70 alificalions of applicants and bidders. 46 47 A. An applicant or bidder for a disposal of borough land is qualified if the applicant or 48 bidder is: 49 50 1. A. 51 sitiZan, and -is 18 years of age or over; 52 53 2. B. A group, association, or corporation which is authorized to conduct business 54 under the laws of Alaska; or 55 56 3. G. Acting as an agent for a person qualified under subsection A or B of this section 57 and has filed with the manager or designee, prior to the time set for the disposal, a 58 proper power of attorney or a letter of authorization creating such agency. The 59 agency shall represent only one principal, to the exclusion of himself. 60 61 B, An applicant or bidder for a disposal of borough land is not qualified if the applicant 62 or bidder is currently in breach or default on any contract, lease, deposit, or 63 payment in which the borough has an interest. 64 65 18.20.120 Land disposal methods. 66 67 The assembly may select any of the following disposal methods: 68 69 A. Where specifically permitted under this title, direct negotiations with interested parties 70 who seek to acquire borough land; 71 72 B. Invite sealed bids for borough land, specifying the time and place for receiving bids and 73 the minimum acceptable bid; 74 75 C. Offer borough land for sale at public auction, specifying a minimum acceptable bid; or 76 77 D. Invite proposals to purchase borough land. The invitation shall specify the basis upon 78 which proposals shall be evaluated, which may include but need not be limited to the 79 proposed acquisition price, the quality of proposed development of land and its benefit to 80 the community, the qualifications and organization of the proposer, the value of the 81 proposed improvements to the land and the rents or resale prices to be charged by the 82 proposer. 83 84 E. Offer a 10% rebate of the purchase price for land if a residential dwelling is established 85 and legally occupied within 36 months of the land purchase. 86 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Page 2 of 3 Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 42 of 58 AGENDA ITEM #13.C.1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 43 of 58 87 88 89 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 90 THIS DAY OF 2016 91 92 KODIAK ISLAND BOROUGH 93 94 95 96 Jerrol Friend, Borough Mayor 97 98 ATTEST: 99 100 101 102 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Page 3 of 3 Ordinance No. FY2017-16 Amending Sections of Kodiak Island B... Page 43 of 58 AGENDA ITEM #17.A.1. PERSONNEL ADVISORY BOARD MINUTES Regular Meeting June 23, 2016 The Personnel Advisory Board regular meeting of June 23, 2016 was called to order by PAB Chair Lynn Bash at 5:43 p.m. in the Kodiak Island Borough Conference Room. ROLL CALL Board Members Present Lynn Bash Lindsey Howell Brenda Zawacki A quorum was established. Staff Present Michael Powers, Borough Manager Lauri Whiddon, HR Officer/Executive Assistant Others Present Duane Dvorak Bill Roberts WELCOME OF BOARD MEMBERS AND GUESTS Chair Lynn Bash welcomed board members, staff, including Manager Michael Powers, and guests. She reminded guests to sign the attendance log. ACCEPTANCE OF AGENDA The agenda was approved as submitted. CITIZENS' COMMENTS (limited to three minutes per speaker) Bill Roberts, Assessor and Chair of the Working Conditions Advisory Council, which represents the non-union members of the Kodiak Island Borough employees, spoke against proposed Ordinance #FY2016-21, and PAB Resolution #FY2016-02 which would support the changes in the Personnel Manual. He referenced a letter from the Working Conditions Advisory Council that outlined the Council's opposition and concern about the proposed changes to the Personnel Manual. He added that among other concerns with the changes, It is contradictory to the succession planning efforts and employee training policies that have been heavily endorsed by past and current assemblies. Duane Dvorak, Resource Management Officer, and Union Shop Steward spoke against the proposed Ordinance #FY2016-21, and PAB Resolution #FY2016-02, stating that even though the bargaining unit would need to negotiate the terms of any change to the Collective Bargaining Agreement (CBA), the information was circulated to union employees and the unofficial feedback was that many of the bargaining unit members are opposed to this change. Personnel A&iwry Bund lune 23.2016 Page 1 ora Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 44 of 58 AGENDA ITEM #17.A.1. ITEMS OF BUSINESS a) RESOLUTION NO. FY2016-02 - A RESOLUTION OF THE PERSONNEL ADVISORY BOARD OF THE KODIAK ISLAND BOROUGH URGING THE ASSEMBLY TO APPROVE CHANGES TO THE KIB PERSONNEL MANUAL CHAPTER 4 HIRING AND ADVANCEMENT, SECTION 402 JOB VACANCIES AND SECTION 405 JOB POSTING TO ALLOW AN ALTERNATIVE FOR THE BOROUGH TO RECRUIT NEW APPLICANTS Chair Lynn Bash stated that the board has been asked to review the proposed Ordinance #FY2016-21, along with supporting documentation and come up with a recommendation. HOWELL moved, seconded by Zawacki, to approve Resolution #FY2016.02. Manager Powers stated that in addition to the staff report that was included in the packet for the meeting, he wanted to add some additional comments. He said that the proposed changes would ultimately affect not only non-union employees, but union employees due to the fact that it is management's desire and best practice to treat all employees the same and therefore to have the Collective Bargaining Agreement (CBA) mirror the Personnel Manual. He added that the proposed change to the current policies is substantial enough that the union has indicated that it warrants negotiations at some future date. Manager Powers stated that further research has revealed that the proposed change conflicts with other sections in our Personnel Manual and runs counter to the Borough's philosophy of growing our employees for the purpose of succession planning. Discussion followed comparing the proposed ordinance with the current process; the importance of building employee morale and productivity through internal promotions; and the flexibility of management to hire the most qualified person. The Board amended the original motion and moved to decline the language of Resolution FY2016-02, and directed staff to schedule a Special Meeting of the PAB for July 19" or 20th, 2016 to discuss further and come up with alternative language. ROLL CALL VOTE ON THE MOTION CARRIED CITIZENS' COMMENTS Duane Dvorak and Bill Roberts both spoke against changing the language as proposed in Ordinance FY2016-21. MANAGER'S COMMENTS No additional comments were made. BOARD MEMBERS' COMMENTS No additional comments were made by the Board. NEXT MEETING As discussed, the next meeting will be scheduled for either July 19M or 20'", 2016, and the Board will be notified. Fm .[Advisory Board J.. 23.2016 Page 2 ora Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 45 of 58 ADJOURNMENT The meeting was adjourned at 6:28 p.m. e cttully�su�bmitted:n uri Whiddon, Secretary QurA., 3. OIG, Date Approved Pmomcl Advisory Hoard lune 17.1016 Page 3 of 3 449-111 Eyn6 Bash, Chair AGENDA ITEM #17.A.1. Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 46 of 58 AGENDA ITEM #17.A.1. KODIAK ISLAND BOROUGHAUG 1 2016 PLANNING AND ZONING COMMISSION REGULAR ME TI YOn MINUTES 000N CrEn1C Mayl8, 2016 Regular Meeting 6:30 pm - CALL TO ORDER Call to order the May 18, 2015 regular meeting of the Planning 8 Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal were Greg Spalinger and Jay Baldwin due to being out of town for personal business. Commissioners present were Scott Arndt, Barry Altenhof, Maria Painer, and Alan Schmitt. Excused were Greg Spalinger and Jay Baldwin. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Greg Spalinger and Jay Baldwin. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Pederson, Jack Maker, Sara Mason, and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER PAINTER MOVED to approve the April 20, 2016 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Agenda Items not scheduled for public hearing and general comments. (Limited to three minutes per speaker.) Read phone Local number is 486-3231; Toll Free number is 1-855.492-9202. PUBLIC HEARINGS Public testimony is limited to three minutes per person. Local number is 486-3231; Toll Free number is 1-855-492-9202. A) CASE S16-003 (postponed from the Novemer 18, 2015 regular meeting). Request a vacation of a portion of the platted Monashka Circle cul-de-sac right-of-way adjacent to Lots 9, 10A, 11A, and 12B, Block 1, Monashka Bay Subdivision (KIBC 16.60). This vacation will reduce the diameter of the cul-de-sac from 200' to 100'. The applicant is the Kodiak Island Borough and the agent is Reed Oswalt, Chair of the Bay View Road Service Area Board. The location is the North end of Monashka Circle and the zoning Is RRI-Rural Residential One. Jack Maker reported at the November 18, 2015 regular meeting, the Commission postponed this vacation request to the May 18, 2016 regular meeting to to allow the applicant adequate time to provide additional information. The applicant requests this case be further postponed to the August 17, 2016 regular meeting. At last week's work session, the Commission recommended postponement to the November 16, 2016 regular meeting. Kodiak Island Borough Planning 8 Zoning Commission Minutes May 18, 2016 Page 1 of 10 Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 47 of 58 AGENDA ITEM #17.A.1. COMMISSIONER PAINTER MOVED to postpone Case No. S16-003 to the November 16, 2016 Planning and Zoning Commission regular meeting. Open public hearing: None Close public hearing: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE 16-017. Request a Comprehensive Plan amendment to change the Future Land Use Designation of a ± 18.24 acre portion of Lot 2, U.S. Survey 1673 from CommerciaUBusiness to Industrial/Light Industrial (KIBC 17.205). The applicant Is Silex LLC and the agent is Mark Anderson. The location is NHN Rezanof Drive West (Green Mountain Gravel Pit). The zoning is B -Business. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of a ± 18.24 acre portion of Lot 2, U.S. Survey 1673 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 Facr for Case No. 16-017. Sara Masan reported this future land use designation change is requested as a precursor to the rezone of the property. The subject parcel is currently designated Commercial/Business in the 2008 Comp Plan and is the only property in the area that has this designation. Everything else is either Conservation or IndustriallLight Industrial. Industrial uses have been in place for many years in the Gibson Cove area and changing the future Land Use Designation of this property to Industrial/Light Industrial does not conflict with the other uses in the area. The subject parcel is zoned Business and is currently operating as an outdoor storage site with a couple of temporary buildings and office trailer for DOT and accessory buildings while they are working on the slide project. The other properties in the area are zoned Conservation and Industrial. Development In the area is all Industrial or Business in nature and the adjacent lots that are zoned Conservation are vacant. This request is consistant with land use and economic goals In the Comp Plan. Staff recommends forwarding this request to the assembly with a recommendation for approval. During a brief discussion there was consensus on approving. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The subject parcel is in close proximity to properties with a Future Land Use Designation of Industrial/Light Industrial. 2. The subject parcel 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 allow for a subsequent rezone from B -Business to I -Industrial. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 16.018. Request a Rezone of a ± 18.24 acre portion Lot 2, U.S. Survey 1673 from B - Business to I -Industrial (KIBC 17.205). The applicant is Silex LLC and the agent is Mark Anderson. The location is NHN Rezanof Drive West (Green Mountain Gravel Pit) and the zoning is B -Business. Kodiak Island Borough Planning 8 Zoning Commission Minutes May 1B, 2016 Page 2 of 10 Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 48 of 58 AGENDA ITEM #17.A.1. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from B -Business to I - 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. 16-018. Mason reported this request follows the request to amend the 2008 Comp Plan changing the future land use designation from Commercial/Business to Industrial/Light Industrial. With this change and Future Land Use Designation a rezone to Industrial would be consistant with the Comp Plan. It's currently zoned Business and is used for outdoor storage with temporary office trailer and accessory buildings used by DOT. Staff recommends forwarding this request to the assembly with a recommendation for approval. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The subject parcel is of sufficient area and is capable of providing suitable building sites for a range of Industrial uses. The I -Industrial zoning performance standards listed in KIBC 17.105.060 should ensure that there are no negative impacts with future industrial development. 2. The amendment is not in conflict with the goals and objectives of the 2008 Comprehensive Plan. 3. 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. 4. The subject parcel is adjacent to I -Industrial zoned land and uses. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOT70N CARRIED UNANIMOUSLY D. CASE 16-007. Request an ordinance amending KIBC Chapters 17.26 (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) • 17.76 (R1 -Single-family Residential District) • 17.80 (R2 -Two-family Residential District The applicant is the Kodiak Island Borough. 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 Fact" 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. Kodiak Island Borough Planning 8 Zoning Commission Minutes May 18, 2016 Page 3 of 10 Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 49 of 58 AGENDA ITEM #17.A.1. COMMISSIONER SCHMITT MOVED TO AMEND by substitution the ordinance that is attached to the May 13, 2016 memorandum from the Planning Director. Director Pederson reported staff briefed him on what transpired at the work session. He issued a follow up memo on May 13" and the key thing and some comments at the end but Mason had taken some time to summarize some of the public comment and information from public outreach that are attached to the memo. Mason reported at last week's work session she brought some numbers to share but the spreadsheet she has is in your packet. The spreadsheets has everyone's names individually from emails received, public hearing notices, letters, and testimony at public hearings. We had sixty- three individual commenters, several people commented using different methods but of the sixty- three individual commenters fifty-five were in favor of the ADU ordinance and seven were opposed, one person gave public testimony and provided some concerns about the process but hadn't indicated whether they were for or against the ordinance. Of the forty public hearing notices received, all forty were in favor and zero were opposed. Of all the subdivisions for people who put their address we received the most from people who owned property in Woodland Acres. There were seventeen individual commenters from Woodland Acres, thirteen were In favor of ADU's and four were opposed. We also had thirty-seven commenters who lived in Rural Residential or Rural Residential One zoning; thirty-three of those were in favor and four were opposed. We had seven people comment through public hearing notices mentioned that they supported specifically 850 square foot ADU's. At the work session she had neglected to give Information on the Facebook ad campaign we ran for what we intended to be a public hearing in February meeting but we didn't have a quorum. It was run the end of January and into February up until 5 p.m. the day of the meeting. Facebook puts out statistics for you. The ad reached seven -thousand individual facebook users in the borough, we used targeted advertising to advertise to all the people who had the zip codes in the borough identified as their address. The Forty -two -thousand impressions, this is how many times the ad popped up so each of these seven -thousand people saw the ad approximately six times a piece. On average, each person seen it six times. That resulted in six -hundred -forty people clicking on the ad and three -hundred people clicking on the ad link that led them back to the borough website. She divided everything by age group. Facebook also provides what kind of device people are viewing Facebook from so she thinks that says a lot of haw we may want to look at advertising larger issues in the future. Director Pederson said as we've outlined in the prior staff memo and with this Information shows is there has been extensive outreach on this proposal, there's been a lot of public awareness to this proposal. Sixty-three individual commenters on a public hearing item is a very large number for Kodiak. The Facebook metrics are interesting and he sees the borough making more use of this type of information in the future. The commission has been considering this since October so we are six months into the process, this is your fourth public hearing, and we have tried to address issues along the way that we've addressed in the packets. Staff recommends approval to move this along and not continue or postpone it further. There are other things the commissioners want to get accomplished with other proposals and code work. Open public hearing: Brenda Friend stated she is in favor of ADU's. The borough assembly is looking for alternatives for people because there is a housing issue here. Fifty-five people is a good voice and Facebook has notified everyone. She doesn't see a difference between ADU's and a BBB. If you control the parking you have a certain number of people, she believes it Is two, that can be housed there. It will relieve some of the pressure. She feels this is being held a little because of some controversy and we have to look at the bigger picture. As the mayor's wife, she believes the community has an issue and she thinks this might help resolve some of that. Jeneva Rush staled she's in favor of ADU's and she will be moving into Friends house. Leo Kouremetis stated this proposed sweeping zone change Is a big deal. A much bigger issue than most people realize. He reiterated how he feels about ADU's in R and RR zoned properties, a Kodiak Island Borough May 18, 2016 Planning 8 Zoning Commission Minutes Page 4 of 10 Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 50 of 58 AGENDA ITEM #17.A.1. one acre single-family residence on Woodland Drive that we purchased over forty years ago because of this designation. People who bought in this neighborhood knew of this designation and if they didn't agree with the zoning then they should have purchased in a different area where zoning would fit their needs. Preserving the integrity of our neighborhood does not seem to much to ask considering how few RR zoned properties are available. What you are trying to do is a huge change to most properties in the borough. It's a sweeping zone change and it deserves a personal by mail notification to all properties owner's who may be affected. The response you received is miniscule compared to the number of properties affected. Many people have no clue as to what Is going on, many do not gel the newspaper, are not on Facebook, or are not tech savvy so they are unaware of the impact of this proposed change. Enforcing regulations has been a major problem for the borough. By your own admission you know many violations that you are unable to enforce. Your suggestion is neighbors informing on neighbors. He doesn't believe this would make for a compatible community. Please take your time to consider the Integrity of the entire community. Do not be coerced into rushing into this major change to our borough. Ginny Shank stated she's opposed to the commission approving this as presently written. She's testified at past meetings trying to stay In touch with what is proposed. She doesn't see that there is a strong reason to make a sweeping change to the zoning ordinances. Why has she pushed for more research? She does believe the information gathering and research that's been done on this issue with city water, sewer, and fire is really a positive result of those who have been objecting and asking questions. She's not sure if that research would have been done otherwise. Even though the commission has been dealing with this issue for months, there are considerations that have not been addressed. The Community Development Office has relied heavily on the Chamber of Commerce's community survey of 2013 but when she took the time to look through the responses there were one -hundred -eighty-seven responses, that's not many to base a big decision on. At last week's work session staff presented a report on public response to this ordiance and Mason added to it tonight with the Facebook ad campaign. The Facebook ad campaign would not have even happened had it not been for those who kept pushing and that's what this is all about, right. People's individual right to say what you think and state your opinion. The majority of people who responded to what Mason provided at the work session, public response to the ordinance, were in favor of allowing ADU's as written in the proposed ordinance, however, she pointed out that this proposed ordinance from the beginning has been marketed to the public as part of a solution to the affordable housing shortage after the Jackson's Mobile Home Park closure announcement. Every time it was publicized, that was the origin. The publicity has been listing all the positives with the idea behind that of how could people possibly object to those in need. Of course people think this would be the right thing to do. It's only more recently that there's been language included in memos from planning staff that states the ADU ordinance is not in any way intended to be an affordable housing program, but that information was never transmitted to the general public. She believes every property owner affected by this ordinance should have been notified of this potential change. At least the Information would have been received by mail. This is more than a wording change in policy, it has the overall affect of eliminating single-family dwelling zoning. She is protecting her investment in having purchased a one acre lot in a rural residential zoned neighborhood. Property owner's want to know that rules about their property will be a constant. Even with all the limitations set in this code she wonders how realistic it will be for one Code Enforcement Officer to regulate compliance for ADU's in addition to other duties. Some commissioners have said they don't anticipate very many people going forward wilh building an ADU based on information from other communities. If that's the case it makes more sense to have this ordinance a conditional use, not just blanket approval in all listed zones. Write Into it the controls and safeguard language of the conditional use so that adjacent property owner's could have a chance to be involved in the approval decision Instead of just Community Development. It may decrease the work load of the Code Enforcement Officer. We are a nation of laws. The zoning regulations exist in order to maintain an orderly plan of development. The commission represents all the property owner's in making sure this happens. Please keep that in mind when making this decision. Kodiak Island Borough Planning & Zoning Commission Minutes May 18, 2016 Page 5 of 10 Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 51 of 58 AGENDA ITEM #17.A.1. Anastasia Painter slated she is in support of ADU's. This would be great, especially for the younger generation to have more options for housing. If you don't want an ADU you don't have to have one, but she thinks it's unfair to deprive people who do want one on their own property. Dan Ogg stated this ordinance basically, which there haven't been discussions about, eliminates Single-family Residential zoning in the whole borough. That means we will no longer have single family neighborhoods. You will be subject to someone putting an additional dwelling unit in, basically changing R1 and RR1 zoning to R2 zoning. Usually, when you do something this dramatic you give property owner's a notice, that didn't happen. A lot to folks like their freedom to live in a neighborhood and this ordinance, without notifying them, takes that freedom to live in an Rt residential zone away. It does give people the opportunity to do more things with their land, but part of the purpose of zoning is to give people some stability in their zone. With that freedom, it just seems odd to move forward with this without a discussion of Single-family Residential neighborhoods when the Chamber's survey show that fifty-eight percent of the people who responded want single-family homes. There is no mention in that survey that they want duplexes. This ordinance has been pushed through and advertised as its purpose is there's a growing need for affordable housing, but as this has went through hearings we've learned a lot but staff has constantly understated or minimized impacts. Now it's come to the point of stating in some of the documents (inaudible) the city the public had asked for a definition of affordable housing and is there a needs study. In a letter back to the city the department basically refused, no we're not going to provide a definition and were not going to give a needs study. The department has also stated that this ordinance is not intended to create affordable housing and that it's not intended to allow two family residential homes in an R1 neighborhood, but that's exactly what it does. That statement is nonsensical. There's also been statements by staff and the commission that not many ADU's will be built so irs not a big deal, so don't worry about it. There's also been amendments that has removed mobile homes and trailers from this ordinance so they can't be used as an ADU. There's been no showing by the commission that ADU's are going to lower rents, in fact there's been a recent article in Bloomberg News stating that the building of housing does not lower the rents. As to public comments, it wasn't noted that the city actually wrote a letter as a public comment unanimously signed by the City Council and the mayor so that's seven more people opposed. There are approximately seven -thousand residents in the City of Kodiak and he believes the City Council probably speaks for them. They should be acknowledged as having questions about the sewage and water issue in this ordinance. There were some comments made by the city that showed sewage is at capacity and that some areas in Service Area District 1 couldn't take in the amount of increased housing. Staff seems to have said we could go ahead anyway and they will reach a limit, so what that does is benefit people who are well to do and own land already so they can put their ADU in and then other folks will be denied when it reaches capacity. That issue hasn't been completely answered. There's a quick solution, it can be postponed. One of the things that's taken place now is the Lands Committee is talking about land for the borough, he thinks that is primary to lowering costs of housing. This ordinance should at least wait until then. The shotgun approach that this ordinance takes all properties in the borough is too broad, you need to narrow it down. Perhaps a conditional use with specified conditions. Perhaps a new zone called R21-ight where you can build two houses, one being smaller on R2 property. There are many avenues you can address this housing need without destroying the status quo of neighborhoods, and you have never addressed that. That needs to be discussed before you move forward. Ron Painter staled he's in favor of ADU's. The University of Berkley did a study specifically on ADU's. It staled it cut the cost of housing by 2/3. When he first came here he lived in a lent and a horse barn with another guy for four years because that was all they could afford. His daughters are back from school now and they want to live in Kodiak but with their parents. They can't gel a place on their own with current wages. With ADU's you don't have to live in a tent or horse barn. Evidence shows that they are lower in costs because they're both on property that's already owned. They are a smaller building that can be built affordably. It's a place that his mother will need someday and she would be happy in an ADU. This is not a silver bullet but it's as close as we are going to get to solving a lot of Kodiak's housing problems. Kodiak Island Borough Planning 8 Zoning Commission Minutes May 18, 2016 Page 6 of 10 Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 52 of 58 AGENDA ITEM #17.A.1. Jascha Zbitoff stated he is opposed to borough -wide adoption of ADU's. On page 97 of the packet, line 164, how is the borough going to regulate if the ADU is used as a BBB. Line 200, who's going to enforce if two or more people are living there? Are you going to hire another Code Enforcement Officer at an additional cost to the borough? Line 187, is the city ready to handle the increased water and sewer? Are the existing sewer services that go to each house, can they handle another bathroom, shower, and kitchen? On a bigger note, if you put it in a rural and each rural septic system is designed for one house with two bathrooms and you add another bathroom, shower, and kitchen, can that septic tank handle that? Will ADEC approve those? Can a well handle another unit? Some wells in the borough can't handle what they have now. Look at Bells Flats, half the time in July no one has water out there. If you add another house to it, now you have two houses without water. Have you thought about that yet? He agrees that it would help the residents but you can't do it borough -wide, not In one fell swoop. Going back to when you tried 10 do the full code revision, you can't take it all at one time, take it in pieces. To the statistics the lady mentioned; sixty-three people of fourteen -thousand, less than Y, of a percent, that's a 1/] of a percent of the town. Even if you gel to the six -hundred that looked at it, four percent; you gel to the three -hundred that clicked on it, four percent; you gel to the three -hundred that clicked on it again you get two percent of the people in this town that looked at it on Facebook, not a good number to go by. Again, he's opposed to a borough -wide adoption. You need to lake a better look at it. Close public hearing: CHAIR ARNDT called a five minute recess at 7:26 p.m. CHAIR ARNDT reconvened the meeting at 7:30 p.m. Discussion of the advantages of ADU's, water and sewer issues, many illegal AOL's already existing, the land already being owned for ADU's, parking spaces, size limit, amount of people living in ADU's, enforcement. the need to vet and refine the ordinance before forwarding to assembly, changing public policy to such a broad extent, unanswered questions, is there an alternate method to achieve what the supporters of ADU's want without completely altering borough code, zoning is to offer some protection from growth and density, and a sweeping change in all zoning districts. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY CHAIR ARNDT recommended postponement to allow further vetting of the ordinance before forwarding to the assembly because he doesn't feel it's ready, and we are short members tonight. He also doesn't want to see it move forward with a negative vole. COMMISSIONER ALTENHOF MOVED to postpone to the June 15, 2016 regular meeting. COMMISSIONER ALTENHOF stated he preferes to have all commissioners present before voting on this to send it on to the assembly. SCHMITT stated he will be out of town for the June meetings, and BALDWIN will be out of town also. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED 2-2. The noes were COMMISSIONERS PAINTER and SCHMITT. The ayes were COMMISSIONERS ARNDT and ALTENHOF. ROLL CALL VOTE ON MAIN MOTION AS AMENDED FAILED 2-2. The noes were COMMISSIONERS ARNDT and ALTENHOF. The ayes were COMMISSIONERS PAINTER and SCHMITT. CHAIR ARNDT stated his intent would be tomorrow, being on the prevailing side, is to move for reconsideration this at the next meeting. Director Pederson stated it doesn't change the outcome because it lakes four votes to carry a question even if you switch your vote. Kodiak Island Borough May 18, 2016 Planning 8 Zoning Commission Minutes Page 7 of 10 Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 53 of 58 AGENDA ITEM #17.A.1. CHAIR ARNDT stated it failed, he doesn't have to switch his vote, he's on the prevailing side. With a second, and It can be anyone on the commission and then it gets brought up at the next meeting. Arndt was letting everyone know what his intent is because he's in favor of ADU's, he's not in favor of voting this forward at this time. He doesn't feel it's completely vetted, there are some things that he'd like to have more discussion on and change. COMMISSIONER ALTENHOF has also brought some things up. OLD BUSINESS A. Adoption of scope of work for Tract R-2 Killarney Hills Subdivision planning process. Motion on the table from the April 20, 2016 Regular Meeting: COMMISSIONER SCHMITT MOVED to approve the proposed master planning process. Sara Mason reported this was brought forward from the April meeting. In this packet, based on questions at the April work session, you also have a Master Planning Process Public Involvement Plan. Killarney Hills Subdivision Master Plan is to use a process consisting of five tasks; data collection and analysis, public involvement or stakeholder engagement, development of scenarios for the property, and an implementation plan, and a final master plan. We talked a little about those at last week's work session and all of the discussion was favorable. COMMISSIONER SCHMITT and Director Pederson spoke briefly earlier this week, late last week about consideration of the cost of the potentially relocating the ballfeilds. There is some language that's not in the current scope that was edited one version ago, this is version three that we're on now. It is something we will consider when looking at alternative locations for ballfields, which is under Section 1.2 Analysis. Based on discussion last week, staff did a supplemental memo providing a motion and if the commission agrees we should move forward using the detailed scope we have now knowing it can change with project development as well as public involvement plan. COMMISSIONER PAINTER expressed concern regarding where it says the development with the ROI for four, six, and nine lots subdivisions. Are we gong to talk about the potential for the maximum lot development and development with a park because that's not in there. CHAIR ARNDT stated the four lot subdivision has been recorded, if not improperly. The borough has preliminary approval for a six lot subdivision that came before P&Z that they have not acted an yet. Their financial analysis is that it's not economically feasible so we will be talking about everything. Director Pederson said that's why those were mentioned is the four lots exist, they are platted lots of record. The replat of those to six lots was approved by P&Z and it's not been finaled yet but still a valid approval. All residential could be different forms and types; office, commercial, recreational, a mix of any or all of those so there's no pre -determined outcome. Mason stated the return of investment associated with these proposals, this is under Task 1.2 so this is in respect to a baseline analysis. Tasks 1.1 and 1.2 are data collection and analysis. We want to collect and analyze what we have now.Thls isn't limiting what's going to happen in Task 3 which is where we're using all the baseline information that we have to make educated decisions on the scenarios that we develop. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. Discussion on amendments to Title 17 KIBC (Zoning) to establish development standards for a Small Lot Subdivision Zoning District CHAIR ARNDT said this Is a placeholder. We will continue working on this but there isn't any action needed tonight. Director Pederson said this item and the item that follows are a couple of other things that you were referring to In some of your comments on ADU's. There are other aspects of land development and how the code works in Kodiak that the commission is looking at. C. Background information on Planned Unit Developments. Kodiak Island Borough Planning & Zoning Commission Minutes May 18, 2016 Page 8 of 10 Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 54 of 58 AGENDA ITEM #17.A.1. CHAIR ARNDT said this is also a placeholder. NEW BUSINESS A. Case S13-021. Request a twelve (12) month extension of the preliminary approval for the subdivision of Lot 2A, Block 1, Holland Acres Subdivision, 1st Addition, creating Lots 2A-1 through 2A-7, Cottonwood Cove Subdivision (KIBC 16.40.060.F). COMMISSIONER PAINTER MOVED to grant a twenty-four (24) month extension of the preliminary approval for the subdivision of Lot 2A, Block 1, Holland Acres Subdivision, 1st Addition, creating Lots 2A-1 through 2A-7, Cottonwood Cove Subdivision to expire on May 15, 2018 (KIBC 16.40.060.F). Director Pederson slated there was a one year extension granted a year ago and not all the things got done. The applicant came in to request another extension because it was obvious he wasn't going to get everything done. He can come back with a final plat when he fulfills the conditions of approval for the preliminary. As long as the code doesn't change the standards are still the same. When you grant the extension, it's the time of the approval [hat tends to work well. Maker reported that borough code does allow the subdivider to request an extension but that extension should only be granted it there's been no changes to the preliminary plat, and in this case there hasn't been any changes to the plat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A. April Planning and Zoning Commission Case Results Letters B. Letter of Courtesy & Advisory 4-20-16 C. Letter of Courtesy & Advisory 4-24-16 D. Letter of Courtesy & Advisory 4-27-16 COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • June 8, 2016 Work Session -6:30 p.m. -Borough Conference Room • June 15, 2016 Regular Meeting -6:30 p.m. -Assembly Chambers B. Minutes of Other Meetings • March 22, 2016 Parks and Recreation Committee Regular Meeting • April 5, 2016 Parks and Recreation Committee Trail Summit COMMISSIONER SCHMITT MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Director Pederson stated the new Borough Manager, Michael Powers, first day is Monday. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Local number is 486-3231; Toll Free number is 1-855492-9202. COMMISSIONER COMMENTS Alan Schmitt stated next Tuesday is the 2n° City of Kodiak Open House for the Planning Process for the Pedestrian Pathway. He went to the first open house and it is a worthwhile endeavor. Some of the city's cruise tax money or bed tax money, they got a chunk of change so they have worked on extending the sidewalks on Shelikof Street but now they are looking for ways to get them from the heart of downtown up the borough hill and over to the bridge. Looking at maybe a new Kodiak Island Borough Planning & Zoning Commission Minutes May 18, 2016 Page 9 of 10 Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 55 of 58 AGENDA ITEM #17.A.1. crosswalk closer to the bridge. DOWL Engineers have been working with the city. It is to support the planning effort and to get ideas on how planning is done. He also went to the second Open House on the City's Planning Meeting for Near Island. DOWL is the consultant that's been helping the city with it and'they had three potential proposals. At the meeting in January there was no mention of the borough and in our Comp Plan, it's codified 17.110.030 Item C, it says this is what constitutes the Comp Plan. Item C is the Near Island Comprehensive Development Pian prepared by the Near Island Task Force, City of Kodiak, and the Kodiak Island Borough dated August 27, 1987. Back in January there was no mention that they were going to be bringing this plan to the borough. It was just the city doing it, and they were doing it in response to the conditional use permit we gave for the gravel pit. Last night they were thinking that they may bring it to the borough because some of proposals would include rezoning and they know they can't do zoning. It's on the city's website now. They are looking at more trails, mixed use, and commercial, potentially even residential. They anticipate getting it to the City Council by September. They will give an update to the City Council in June. Also, at the last borough Parks and Rec meeting, it was mentioned by the chair that he had written a letter asking and encouraging the commission to move forward with the planning process for Tract R2. Helm Johnson, a Parks and Rec Committee member as well as City Parks and Rec Committee member said the City Parks and Rec sent a letter also. The commission has never seen those letters. He doesn't know if there is some issue in the communication channel that needs to be addressed he hates to see the efforts that they put into things don't pan out. Bob Pederson said they have talked about it but they never finalized the letter. Hopefully, Patrick Saltonslall will bring that letter and get a motion from Parks and Rec to authorize the chair to sign on behalf of the commission. We haven't seen anything from the City Parks and Rec. We are aware of that because you mentioned it. He put staff to dig it out and they can't find where the letters was approved by either committee as a formal letter to submit. On the Near Island Plan, Maker is sitting as a member of the Technical Advisory Committee. He thinks they are now clearly recognized that any options or directions they are looking at would mean a freshening of the Near Island Comp Plan from 1987, and how it was sort of changed a bit in the 2008 Comp Plan. Bringing that forward as a fresh sub -area plan, whatever choices the city makes for inclusion is a new subarea plan within the Comp Plan. We will make copies for the commission.They understand that if they want that adopted as a Land Use Guide to guide future permit decisions or their own land management decisions or future zoning actions they will need to come to PBZ and the assembly in addition to the City Council which is what happened with the plan in 87'. It was approved by all three. ADJOURNMENT SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 8:38 p.m. ATTEST: By: _ ,Qs�a Sheila Smith, Secretary Community Development Department APPROVED: June 15, 2016 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Scott Arndt, Chair Kodiak Island Borough Planning 8 Zoning Commission Minutes May 18, 2016 Page 10 of 10 Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 56 of 58 AGENDA ITEM #17.A.1. WOMENS BAY SERVICE AREA BOARD ORIGINAL REGULAR MEETING MINUTES July 12, 2016 Date: July 12, 2016 RECEIVE Call to order: 7:05 pm Commissioners Present: Dave Conrad, Bill Ecret, Greg Egle, Dave Hearn; , Jhn V 3 2016 dove, and George Lee Commissioner excused: Jessica Horn KKOOaH�ALMM Kevin Arndt, Contractor. No other people were present. Minutes approved and signed: Regular Meeting of June 7, 2016 Contractors Comments: • 3 work orders in progress o Asphalt repair -worst spots done, add'1 markups pending o Brushing and Ditching continues o Crack sealing has begun Chairman's Comments: • No current budget update Unfinished Business: Fire Department • Turnout Replacement; pricing in progress • Scott Pack Replacement: obsolete packs to be replaced gradually • Emergency Generator selection pends research Road Service • Asphalt Repairs o Pan Park; I lane done on S Russ Ck Rd across from park the other lane to be addressed next year?. o Mid Bay Dr, Alligatoring at Ness driveway intersection to be marked and repaired this year • Gara DdEskew lot drainage o G Lee to draft letter re: WBSAB obligation/response, then forward to the board for input before sending to KIB EF for review. New Business Fire Department Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 57 of 58 WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES Hose testing and new hose purchase to start this month Road Service • Drive about tonight to mark add'] asphalt areas for repair Board Member comments • DC: Invoices not being signed in timely manner • BE: Got training in Seward • GE: Stress businesslike Ione in letter to Eskew Next Regular Meeting August 2, 2016 7:00 PM at the WBFD Meeting adjourned at 8:07 pm 6 wu � - 41 CHAIRPERSON AGENDA ITEM #17.A.1. July 12, 2016 AW t XTNESS Personnel Advisory Board Regular Meeting Minutes Of June 23,... Page 58 of 58 Announcements — Mayor Friend A Joint Work Session with the City Council will be held on August 23 at 7:30 p.m. in the Kodiak City Library. The next Assembly work session will be held on Thursday, August, 25 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled for Thursday, September 1, at 6:30 p.m. in the Borough Assembly Chambers. 17. 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B m WU a w a c J £ w N o v N J L c c wa o w O. n E = v N w O V p C a n „ o m N n 2 n w a $ o E 0 C O p N 0 O a N N N c J m o ON a O 3 � � n — rN w e N m O> O ri c n 0 N w v N o c a J m w C O N E w N c a o O aw E w J w c a w N i d w w c o C o c o co E m a a D o c a a n m c m e N o w w c c > c r n w m w w L m a r C o o o o J O ry ry a a E c y w a N EN E v f ¢ W B V mn m n rn n N m m m Q N v � n rn A coo r O QLL�'J OO np N m N mm m umi� m m � rn A coo r N 00 np N m N Kodiak Island Borough Assembly Regular Meeting Guidelines August 18, 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 MajorDavid Davis 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 Assembly Member Skinner who is absent due to personal leave. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 5. *APPROVAL OF MINUTES A. Special Meeting Minutes of May 31, 2016. 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. Finance Department's Update to the Assembly 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree Seedlings From Koncor Forest Products For A Spring 2017 Planting Season. The motion is ON THE FLOOR which is to move to approve KIB Contract No. FY2017-09 in the amount of $120,231.00 Staff report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 13. NEW BUSINESS A. Contracts — None. B. Resolutions — None. C. Ordinances for Introduction 1. Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods and Means of Borough Land Disposal Process. Recommended motion: Move to adopt Ordinance No. FY2017-16 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Manager Powers. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items — None. 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 MEMBER COMMENTS § CD = 2 CDch incnCDCL » § q CD _ § § CD a m 9 § § § » § m ,L2: f ] CL a � � ) K K[ K K K K cn o3 13 a = Q E A]= < 3 / } } 7 o; \ § z i / ) o ] m ® \� § ® CD < ) 0 D§ /( f 7 7 7 7 7 m< R \ # \ cn � 3 \ \ / / § ' _\ - E m) CD CD # in o§ a z �( o < ] CD ) m m rD \ C) z § £}wm c m 5 \o # § \ ® _ -0 r- 9 § M. %a CD 0 E ) ] < CD # 2 § ] : CD ® CD o _ z ` 2 _ CD -n oz W (DK� /) f F f F 7 7 m 7 0 4 3 7 m'_'U/ G p n _\ CD \ E 2 ] D $ ; § CL CD $ G U)0 CD f \ ® m m F\)\ f f f f F m \0 £ # z / _ a _ / § g 7 § _ & Em \ 8 ƒ - # 0 2 z c � a/ 3 < / , m , / \ 0 § CD = 2 CDch incnCDCL » § q CD _ § § CD a m 9 § § § » § m ,L2: f ] CL a � � KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: UR'I /S tp Please PRINT your name Please PRINT your name bc Q� av.P j v at _ View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At Its Regular Meeting Of August 18, 2016, The Kodiak Island Borough Assembly Took The Following Actions. There Will Be A Special Meeting Held On Thursday, August 25, 2016 In The Borough Conference Room. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, September 1, 2016, At 6:30 P.M. in The Borough Assembly Chambers. RECEIVED a Department Update From Finance Director Dora Cross. APPROVED Contract No. FY2017-09 A Sole Source Agreement To Purchase 300,000 Spruce Tree Seedlings From Koncor Forest Products For A Spring 2017 Planting Season. ADVANCED Ordinance No. FY2017-16 Amending Sections of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods and Means of Borough Land Disposal Process to public hearing at the next regular meeting of the Assembly. Vol. FY2017, No. 5 August 19, 2016 Kodiak Island Borough Assembly Newsletter