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2017-01-19 Regular MeetingPage 14M:3 0 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 19, 2017, Immediately Following The Special Meeting, Assembly Chambers INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL 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 November 10 And November 28, 2016. Assembly Special Meeting 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. Stalking Awareness Month Proclamation January 2017 Stalking Awareness Month Proclamation B. Employee of the Quarter Award C. Longevity Awards 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 at91 www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough w ww.kodiakak.us Page 1 of 141 COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 10-35 A. Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two -Family Dwellings. Ordinance No. FY2017-22 and Backup - Pdf 13. NEW BUSINESS 13.A. Contracts 13.B. Resolutions 36-93 1. Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Acre Portion Of The Remainder Of Lot 1, U.S. Survey 2539 By Direct Negotiation Of A Lease At Fair Market Value To Golden Alaska Excavating, LLC For The Purposes Of Resource Extraction And Stockpiling (P & Z Case No. 17-012). Resolution No. FY2017-27 and Backup - Pdf 13.C. Ordinances for Introduction 94-98 1. Ordinance No. FY2017-25 Amending Kodiak Island Borough Code Subsection 2.30.070(K) Privileged Motions To Provide A Special Parliamentary Rule Allowing The Assembly, By Majority Vote, To Postpone An Action Item Beyond The Meeting Limitation Set Out In Roberts Rules. Ordinance No. FY2017-25 and Backup - Pdf 13.D. Other Items 99-103 1. Confirmation Of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. Cook Inlet RCAC Letter Requesting Appointment - Pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough © @KodiakBorough www. kodiakak. us Page 2 of 141 104-107 2. Appointments to the Providence Kodiak Island Medical Center Community Advisory Board (Ms. Carol Juergens, MD and Ms. Gretchen Saupe). PKIMCAB Appointment - Pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS i[��:/xfl4�19�y�XyNP► A. Discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska, Department Of Environmental Conservation's Notice Of Violation For Kodiak Incinerator Re: Medical Waste Incinerated At Landfill. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 108-135 1. Architectural/Engineering Review Board Regular Meeting Minutes Of November 7, 2016; Fire Protection Area No. 1 Board Regular Meeting Minutes Of October 26 And December 6, 2016; Monashka Bay Road Service Area Board Regular Meeting Minutes Of August 3, 2016; Parks And Recreation Committee Regular Meeting Minutes Of August 23, 2016; Planning And Zoning Commission Regular Meeting Minutes Of October 19, 2016; Service Area No. 1 Board Regular Meeting Minutes Of February 29, 2016; And Womens Bay Service Area Board Regular Meeting Minutes Of November 1, 2016. Meeting Minutes of Other Boards 18.6. Reports 136-141 1. November 2016 Change Order Report, Other Projects Report, Project Budget Summary, and Project Contingency Summary. November 2016 Project Reports 2. Kodiak Island Borough Short Report for June 2016 - Available Online 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 at91 www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough w ww.kodiakak.us Page 3 of 141 at http://ak-kodiak.civicplus.com/DocumentCenter/HomeNiew/229 and https://kod iakak.civicweb. net/filepro/documents/29888?preview=46973 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/Kodiakislandborougli © @KodiakBorough www.kodiakak.us Page 4 of 141 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting November 10, 2016 A special meeting of the Kodiak Island Borough Assembly was held on November 10, 2016, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, and Matthew VanDaele. Also present were Borough Manager Michael Powers and Clerk Nova Javier. CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Interview of Assembly Candidates. Six applications were received and all of the applicants were interviewed. 1. David Harmes (by teleconference) 2. Terry Haines 3. Monique Lewis 4. Andy Schroeder 5. Jonathan Strong 6. Dave Townsend 7. James Nelson Turner B. Appointment to the Kodiak Island Borough Assembly. VANDAELE moved to nominate all candidates for the Assembly member seat. Second is not required per Borough code. Process was followed as stated in KIBC 2.30.040. Mr. Dave Townsend was appointed to the seat on the Assembly for a term to expire October 2017. C. Administration of Oath of Office to Newly Appointed Assembly Member. Clerk Javier administered the Oath of Office to appointed Assembly member Dave Townsend. Kodiak Island Borough November 10, 2016 Assembly Special Meeting Minutes Page 1 of 2 'Special Meeting Minutes Of November 10 And November 28, 201... Page 5 of 141 AGENDA ITEM #5.A. ADJOURNMENT SYMMONS moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, and Van Daele. The meeting was adjourned at 8:42 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough February 15, 2016 KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: January 19, 2017 Assembly Special Meeting Minutes Page 2 of 2 'Special Meeting Minutes Of November 10 And November 28, 201... Page 6 of 141 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting November 28, 2016 A special meeting of the Kodiak Island Borough Assembly was held on November 28, 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 Dan Rohrer, Assembly members Kyle Crow, Dave Townsend, Rebecca Skinner, Scott Smiley, Dennis Symmons, and Matt Van Daele. SKINNER moved to excuse Assembly member Larry LeDoux. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Kodiak Island Borough And City Of Kodiak Comment Letter To North Pacific Fisheries Management Council December 2016 Meeting Regarding Gulf Of Alaska Trawl Bycatch Management Action. CROW moved to authorize the Mayor to sign the comment letter to the North Pacific Fisheries Management Council December 2016 Meeting Regarding Gulf of Alaska Trawl Bycatch Management Action. This letter was reviewed by the Kodiak Fisheries Work Group and recommended approval by the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, Townsend, Skinner, Smiley, Symmons, and Van Daele. B. Letter Of Support For A 2017 Saltonstall-Kennedy (S -K) Research Program Pre - Proposal Number [012]: "Improving Chinook Salmon Bycatch Estimates For The Gulf Of Alaska Trawl Fleet: Alternatives Addressing Accuracy, Cost, And Timeliness." SKINNER moved to approve the letter of support for a 2017 Saltonstall-Kennedy (S -K) Research Program Pre -Proposal Number [012]: "Improving Chinook Salmon Bycatch Estimates For The Gulf Of Alaska Trawl Fleet: Alternatives Addressing Accuracy, Cost, And Timeliness." This letter was requested by the Alaska Groundfish Data Bank Staff for a letter of support for a proposed S -K grant project. The Kodiak Fisheries Work Group reviewed the letter at its November 21, 2016 meeting and recommended approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Skinner, Smiley, Symmons, Van Daele, and Crow. Kodiak Island Borough Assembly Special Meeting Minutes November 28, 2016 Page 1 of 2 'Special Meeting Minutes Of November 10 And November 28, 201... Page 7 of 141 AGENDA ITEM #5.A. C. Confirmation of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council (Kyle Crow). SKINNER moved to confirm the mayoral appointment of Assembly Member Crow to the Cook Inlet Regional Citizens Advisory Council for a three year term to expire March 2017. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Van Daele, Crow, and Townsend. ADJOURNMENT SKINNER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Van Daele, Crow, Townsend, and Skinner. The meeting was adjourned at 12:27 p.m. ATTEST: KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: January 19, 2017 Kodiak Island Borough Assembly Special Meeting Minutes November 28, 2016 Page 2 'Special Meeting Minutes Of November 10 And November 28, 201... Page 8 of 141 DECLARING JANUARY 2017 AS NATIONAL STALKING AWARENESS MONTH WHEREAS, under the laws of all filly states, the District of Columbia, and federal government, stalking is a crime; and WHEREAS, 3.4 million people over the age of 18 are stalked each year in the United States, and nearly 75% of victims are stalked by someone they know; and WHEREAS, three in four women killed by an intimate partner had been stalked by that intimate partner; and WHEREAS, many stalking victims lose time from work and experience serious psychological distress and lost productivity at a much higher rate than the general population; and WHEREAS, many stalking victims are forced to protect themselves by relocating, changing their identities, changing jobs, and obtaining protection orders; and WHEREAS, many stalkers use increasingly sophisticated devices, such as global positioning systems, cameras, and computer spyware, to track their victims; and WHEREAS, there is a greater need for great public awareness about the nature, criminality, and potential lethality of stalking; and WHEREAS, criminal justice systems can enhance their responses to stalking by regular training of law enforcement officers and aggressive investigation and prosecution of the crime; and WHEREAS, laws and public policies must be continually adapted to keep pace with new tactics used by stalkers; and WHEREAS, communities can better combat stalking by adopting multidisciplinary responses by teams of local agencies and organizations and by providing more and better victim services; and WHEREAS, Kodiak Women's Resource and Crisis Center is joining forces with victim service providers, criminal justice officials, and concerned citizens throughout Kodiak Island and the United States to observe and promote the 2017 theme, "National Stalking Awareness Month." NOW, THEREFORE, 1, Daniel Rohrer, Mayor of the Kodiak Island Borough do hereby proclaim the month of January 2017 as: Stalking Awareness Month and applaud the efforts of the many victim service providers, police officers, prosecutors, national and community organizations, and private sector supporters for their efforts in promoting awareness about stalking. 07n roibteu whneof, (J57 hare hereuum set pip &&id and aatre dmr real to Ge rrffexed cuw=12A. aolrrer, Oaorouglr GCCapror —Allen: AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 19, 2017 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two -Family Dwellings. ORIGINATOR: Michael Powers FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: This ordinance returns the Kodiak Island Borough from the 1997 Uniform Building Code to the 2012 International Residential Code. Three potential paths forward regarding the building code were discussed at the Borough Assembly's October 27, 2016 Work Session: 1) Keeping the 1997 Uniform Building Code and terminating the existing MOA with the City of Kodiak 2) Reverting to the 2012 International Residential Code and extending the existing MOA and 3) Reverting to the 2012 International Residential Code, providing an opt -out for single-family residential construction and extending the existing MOA. Ordinance No. FY2017-22, as presented in first reading on December 1, 2016 aligns with option 3 cited above. Several memos have been provided by staff and are in the packet as historical documentation. At the December 1, 2016 meeting, Version 2 of the ordinance was advanced to public hearing. The City of Kodiak City Council provided a letter to the Borough regarding the building code and the MOA on December 8, 2016, which is included in this packet. Version 2, as advanced on December 1, 2016 is included in the packet, as well as a draft which begins to address the City's concerns. This draft is labeled as Ordinance No. FY2017- 22 Version 4. At the December 15, 2016 meeting, the Assembly held a public hearing on version 2 and then amended version 2 with version 4, postponed version 4 to the next regular meeting of January 19, and directed staff to provide recommendations to the policy questions raised by staff at that meeting. PURPOSE, ACTION, OR RECOMMENDED MOTION: The motion is on the floor which is to adopt Ordinance No. FY2017-22 (Version 4). Depending on the discussion of the Assembly, this could be amended again and advance the latest amendment to public hearing at the next meeting of the Assembly. Note: Whenever substantial amendments are made to an ordinance, the Assembly should consider advancing the latest version to public hearing. Kodiak Island Borough Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 10 of 141 1 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 VERSION 4 INCORPORATING FEEDBACK FROM THE CITY OF KODIAK AGENDA ITEM #12.A. Introduced by: Borough Assembly Drafted by: CDD Director Introduced on: 12/01/2016 Amended: 12/15/2016 Postponed to: 01 /19/2016 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-22 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 15 BUILDINGS AND CONSTRUCTION CHAPTER 15.10 BUILDING CODES TO READOPT THE 2012 UNIFORM BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS AND PROVIDING FOR EXEMPTIONS IN SECTION 15.10.050 REMOTE AREA EXEMPTIONS WHEREAS, as a second class Borough, the Kodiak Island Borough (Borough) has adopted KIBC Title 15 (Buildings and Construction) to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the borough; and WHEREAS, in accordance with Chapter 15.10 KIBC, the Kodiak Island Borough adopted by reference the 1997 Uniform Building Code (UBC) for One- and Two -Family Dwellings (Ordinance FY 2016-12); and WHEREAS, the City of Kodiak (City) has indicated a desire to administer a single building code under the City and Borough's Memorandum of Agreement (MOA); and WHEREAS, it is in the best interest of the Borough to continue contracted building department functions and services with the City through the existing MOA; and WHEREAS, in discussions related to the high cost of home construction in Kodiak, the additional expense of engineering for certain new construction, additions, or remodeling projects has been noted as a significant expense; and WHEREAS, there are very few licensed practicing engineers in Kodiak, further adding to the cost of complying with applicable engineering requirements for construction; and WHEREAS, the 2012 International Residential Code (IRC) allows more flexibility in prescriptive construction methods; and WHEREAS, specific revisions to the 2012 IRC may be made to reflect local construction conditions and constraints; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 1 of 5 Version 4 Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 11 of 141 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #12.A. WHEREAS, circumstances may arise where it is appropriate to exempt some single-family dwellings from building regulations; and WHEREAS, the Borough Assembly set aside time for public and agency input and discussion; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That chapter 15.10 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 15.10.010 Adoption of building and other codes. The following codes are hereby adopted by reference as the building codes for the borough: A. The 2009 International Building Code, as adopted with revisions in 13 AAC 50.020, and including Appendix H, Signs, for all buildings except one- and two-family dwellings and residential accessory buildings; provided, that the following revisions to the 2009 International Building Code in 13 AAC 50.020 are not adopted: (1) the deletion in 13 AAC 50.020(1) of Sections 103, 104.4, 104.6, 104.8, 105.4, 107.5, 108.4, 109.2, 109.5 and 110 to 115; and (2) the revisions in 13 AAC 50.020(7), (8), (9), (10), (11), (16), (17), (66), (73), (74) and (77); Q 4997 11..:09.... O Alding Code f... ....d tW8 A....:1y dwellings and sid..,Jl..l a6Gesseq-b s-ffeaa-Appen.l:..Chapter 23 which are Included -fn the 1InifaFFn-Bu9tding-Gedp Vnk4me ij Opt:,.. S to Appendix rh....,pteF 23 for exposure r B. 2012 International Residential Code for One- and Two -Family Dwellings with the following revisions: 1. R105.2, Work exempt from permit, is amended to read as follows: Building: #10. Decks not exceedinq 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point. 2. R301.2.1.1, Wind limitations and wind design required, is amended to read as follows at the end of the section: The following may be built to Seismic design category D2 with 110 MPH wind speed in B and C wind exposure areas provided that the house was permitted before the adoption of the 2012 Residential Building Code. 1) One permit only. An addition that is not more than 15% of the total gross square foot area of the existing building that the addition will be attached to. Roof pitch is a Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 2 of 5 Version 4 Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 12 of 141 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 AGENDA ITEM #12.A. maximum of 5112 or less. One story additions may be built on a piling foundation provided existing building has a pilinq foundation. 2) Other exempt structures in section R105.2 Work exempt from permit. 3. R311.7.5.1. Risers, is amended to read as follows: The maximum riser height shall be 8 inches (203mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 318 inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open risers are permitted provided that the opening between treads does not permit the passage of a 4 -inch - diameter (102 mm) sphere. 4. R311.7.5.2. Treads, is amended to read as follows: The minimum tread depth shall be 9 inches (228mm). The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 318 inch (9.5 mm). S. R313.1, Townhouse automatic fire sprinkler systems, is amended to read as follows: An automatic residential fire sprinkler system may be installed in townhouses. 6. R313.2, One- and two-family dwellings automatic fire sprinkler systems, is amended to read as follows: An automatic residential fire sprinkler system may be installed in one- and two-family dwellings. 7. Chapter 11, Energy Efficiency. Remove. 8. Chapters 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33. Remove plumbing chapters related to the International Residential Code and insert the 2009 Uniform Plumbing Code. 9. Chapters 34, 35, 36, 37, 38, 39, 40, 41. 42. and 43. Remove electrical chapters of the International Residential Code and insert the 2011 National Electrical Code. 10. M2002.5. Boiler low-water cutoff, is amended to read as follows: All steam boilers shall be protected with a low-water cutoff control. The low-water cutoff shall automatically stop the combustion operation of the appliance when the water level drops below the lowest safe water level as established by the manufacturer. C. 2009 International Building Code Appendix J, Grading; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 3 of 5 Version 4 Ordinance No. FY2017-22 Amending Title 15 Buildings And Cans... Page 13 of 141 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 AGENDA ITEM #12.A. D. The 2009 Uniform Plumbing Code, as adopted with revisions in 8 AAC 63.010 in effect as of February 23, 2011, Appendix Chapter B, Explanatory Notes on Combination Waste and Vent Systems; and Appendix Chapter H, Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors; E. The 2009 International Mechanical Code, as adopted with revisions in 13 AAC 50.023, except for the deletions in 13 AAC 50.023(1) of Sections 103, 104, and 106 to 110 of the 2009 International Mechanical Code; The 2011 National Electrical Code. 1. 300.4, Protection Against Physical Damage, is amended to read as follows: Where subject to physical damage, conductors, raceways, and cables shall be protected. Thermoplastic type insulated conductors may not be installed when the working environment is below 20° Fahrenheit. 2. 410.16 is amended to read as follows: 410.16 Luminaries and Transformers in Closets. G. The 1997 Uniform Code for the Abatement of Dangerous Buildings; H. The 1997 Uniform Housing Code; and I. 2009 International Fuel Gas Code, Chapters 6 and 7. They are adopted to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the borough; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for violations of these regulations. The building codes so adopted shall be interpreted, administered, and enforced with the local amendments hereinafter specifically set forth, by the borough building official, who is authorized to take such action as may be reasonably necessary to enforce the purposes of this section. The borough manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this section. [Ord. FY2013-09 §2, 2013; Ord. FY2009-12 §2, 2008; Ord. FY2006-02 §2, 2005; Ord. 02-08 §2, 2002; Ord. 99-04 §2, 1999; Ord. 97-05 §3, 1997; Ord. 92- 11 §2, 1992; Ord. 91-13 §2, 1991; Ord. 91-01 §2, 1991; Ord. 88-18-0 §3, 1988; Ord. 85-13-0 §1, 1985; Ord. 84-61-0 §10, 1984; Ord. 84-42-0 §2, 1984. Formerly §15.04.010]. 15.10.050 Remote -area Eexemptions. A. Notwithstanding the construction requirements contained within this code, owner -occupied residential buildings and accessory buildings associated with residential use, when located in remote areas are exempt from the building regulations of the borough. B. Notwithstandino the construction requirements contained within this code, owner - occupied residential buildings and accessory buildings associated with residential use, when located on the road system, may be exempted from the building regulations of the borough provided that: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 4 of 5 Version 4 Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 14 of 141 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 AGENDA ITEM #12.A. 1. The residential structure is a free-standing single-family structure. 2. The residential structure is greater than 200 feet from existing municipal water and sewer systems. 3. The owner of the residential structure provides, in writing, indemnification to the Kodiak Island Borough and the City of Kodiak. B. The borough does not certify that any building built under this exemption meets any of the adopted codes or ordinances. No physical inspections will be made of the structure. C. Permits and inspection services are available in this exempt area at the owner's option. Cost of these permits and inspection services are the responsibility of the property owner and will be charged at the same rate as the nonexempt portions of the borough. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2016. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-22 Page 5 of 5 Version 4 Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 15 of 141 December 8, 2016 AGENDA ITEM #12.A. Office of the Mayor and Council 710 Mill Bay Road, Room 219, Kodiak, Alaska 99615 To: Mayor Dan Rohrer and Kodiak Island Borough Assembly From: Mayor Branson and City Council The City of Kodiak is in support of extending the Building Inspection MOA with the Kodiak Island Borough. The MOA, which has been working well since 1988, is an efficient way to assure safety measures are met for Kodiak residents by enforcing Building Codes and is a cost efficient way of jointly accomplishing this task. During the City Council's work session on December 6, 2016, the MOA was discussed in reference the KIB Ordinance FY2017-22 amending the Building Codes to readopt the 2012 Uniform Building Code for one and two family dwellings and providing for exemptions outside the City limits. This KIB ordinance is before you at your work session tonight and for a vote at your next regular meeting on December 15. With no time in between for the City and KIB to discuss this FY2017-22 Ordinance, the City, after their discussions on December 6th work session, offer the following recommendations and concerns regarding KIB's Ordinance FY2017-22 Version 2 Section 15.10.050 Exemptions: • The exemptions in the KIB Ordinance FY2017-22 need further clarification and definition. The City is not clear about what an exemption would entail. • Any dwelling within 200 ft. of the City's water and sewer system be required to connect to the City's water and sewer per the KIB code and therefore require building inspection and certificate of occupancy. This is to protect the City's infrastructure and liability. • The City's insurance carrier, Marsh and McClellan recommends the City and legal counsel prepare a disclaimer and present it to every homeowner requesting an exemption. • Continue with the current MOA language, which requires the Borough to indemnify the City for claims arising from City inspection work outside the City limits • The new Building Inspection MOA should continue to strive to have consistent language between the City and Borough's building codes. Telephone (907) 486.86361 Fax (987) 486.8633 rnayor@c1ty.kodiak.ak.us Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 16 of 141 I_1[c1,1►TlRY-1RMMIMI • Due to liability concerns, we cannot allow the staff of our Department of Building Safety to provide any consultation or guidance in matters of construction to individuals building structures under your proposed exemptions • Continued delay of the MOA creates liability for the City, specifically the City's deferred jurisdiction by the State Fire Marshal. The lack of a Building Inspection Program MOA with the KIB has prohibited the City from updating our deferred jurisdiction MOA with the State Fire Marshal, which was due in June 2016. Again, the City Council is in support of continuing the Building Inspection MOA with the KIB Assembly. We feel this service has benefited the residents on the Kodiak road system for years and has provided safe structurally sound residential construction. We request the KIB Assembly and City Council have discussion prior to any adoption of an ordinance with an exemption clause in the good faith of continuing to work together and bring efficient services to Kodiak residents. Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 17 of 141 AGENDA ITEM #12.A. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Memorandum Data: October 26, 2016 To: Borough Mayor and Assembly Cc: Borough Manager From: Community Development Director RE: Building Code Brief This memo is to document three potential paths forward regarding the building code for the Assembly's October 27, 2016 Work Session. Here staff will present three options for the Assembly's consideration. 1) Keeping the 1997 Uniform Building Code and Terminating the Existing MOA 2) Reverting to the 2012 International Residential Code and Extending the Existing MOA 3) Reverting to the 2012 International Residential Code, Providing an Opt -Out for Single -Family Residential Construction and Extending the Existing MOA 1) Keeping the 1997 International Residential Code and Terminating the Existing MOA The City of Kodiak has indicated its unwillingness to continue administration of the Borough's building code should the Borough opt to keep the 1997 Uniform Building Code. The Borough's implementation of this code creates insurance concerns for the City of Kodiak and requires the building inspectors to maintain expertise on two complex building code documents. If the Borough wishes to pursue the administration of the 1997 Uniform Building Code, the Assembly will need to authorize the addition of one FTE and associated salary and benefits to administer the building codes of the Borough. The potential cost of this employee, at a Range 21.50, Step C, would be approximately $124,000.'? Additionally, the Borough would likely have to modify its general liability insurance policy and would have to obtain deferred status from the State Fire Marshall's office in order to perform its own life and safety reviews in the same manner as the City of Kodiak. This is an approximately $11,000 increase in annual expenditures when compared to the cost of the current building contract agreement, assuming similar actual expenditures to FY2015 and FY2016. r This combines a salary of approximately $72,900 and benefits totaling approximately $51,100. Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 18 of 141 AGENDA ITEM #12.A. Under this scenario, individuals wishing to secure funding through entities such as the Alaska Housing Finance Corporation (AHFC) must pay agency approved inspectors to complete inspections before financing can be secured. Currently, no such inspectors reside in Kodiak. The cost of each individual inspection and associated travel for inspectors may cost an individual a significant amount of money in order to secure financing. This is in addition to the Borough's applicable permitting fees. In terms of revenue, the Borough is unlikely to see any significant change, as permit costs would presumably remain the same. 2) Reverting to the 2012 Residential Code and Extending the Existing MOA Reverting back to the 2012 International Residential Code would alleviate the City of Kodiak's concerns regarding insurance liability, as well as their concerns over Building Department staff administering two codes. This option requires updates to the existing MOA and does not require the creation of a full-time building inspector position for the Borough. The financial impact of this option on the Borough is minimal and is likely to include fixed inflation rates to account for increases in salaries in the MOA. The adopted FY2017 budget allocates $145,000 for contracted building official services, though actual expenditures were much lower for FY2015 and FY2016 at approximately $113,000 each year. Permit costs would presumably remain the same. Building to this code would not require additional inspection in order to obtain financing 3) Reverting to the 2012 International Residential Code, Providing an Opt -Out for Single - Family Residential Construction and Extending the Existing MOA The narrative for option #2 also applies to this option. However, there may be lost revenue on permitting and review fees. In addition to what is described above, this option allows those constructing single-family residential structures to opt out of meeting the 2012 International Residential Code. In this scenario, those who require financing through entities such as AHFC may opt to build to the standards of the 2012 International Residential Code, while ownerlbuilders who do not require financing may opt to forego adhering to the 2012 International Residential Code. Owner/builders who wish to sell their investment at some point may run into issues when selling to a buyer utilizing a banking institution to make the purchase. Lenders often require proof that a Certificate of Occupancy has been issued or that a building permit was issued for the original construction. If this option is pursued, staff strongly recommends that KIB require individuals opting out to complete paperwork stating that they understand the implications or potential ramifications of the decision to opt out of the 2012 International Residential Code. Further, staff recommends that a mechanism be put in place that allows for the revocation of a building permit if an individual makes the decision to opt out after permits have been issued. Further, a new process for obtaining plumbing and electrical permits without the issuance of a building permit will need to be developed. Currently, plumbing and electrical permits are required to connect new construction to the City of Kodiak and the Kodiak Electric Association's utility infrastructure. However, these permits are not currently issued without obtaining a building permit for new construction. Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 19 of 141 Memorandum AGENDA ITEM #12.A. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kadiakak.us Date: November 29, 2016 To: Borough Mayor and Assembly Cc: Borough Manager From: Community Development Director RE: 2012 International Residential Code Opt Out Brief At the October 27, 2016 Assembly Work Session, three paths forward regarding the building code were discussed: 1) Keeping the 1997 Uniform Building Code and Terminating the Existing MOA 2) Reverting to the 2012 International Residential Code and Extending the Existing MOA 3) Reverting to the 2012 International Residential Code, Providing an Opt -Out for Single -Family Residential Construction and Extending the Existing MOA The general consensus was that the Borough would be best served by selecting options 2 or 3. Attached to this memo is draft Ordinance No. FY2017-22. This draft ordinance proposes to readopt the 2012 International Residential Code with modifications, as first identified in Ordinance No. FY2013-09'. Also provided are two additional versions of Ordinance No. FY2017-22 that include language for opt -out provision, as identified in option 3. During discussions at the October 27, 2016 Work Session several questions and concerns were raised about providing an opt -out provision. These included: 1) Would the City of Kodiak allow individuals to connect to the City's water/sewer systems if a residential structure is built with permits? 2) Would the City agree to allow individuals to connect to water/sewer as long as they had a plumbing permit (but no building permit)? This includes modification of 20121RC sections addressing wind limitations, risers, treads, fire sprinkler systems, energy efficiency, references to electrical and plumbing codes, boiler low-water cutoff, and the exemption of small decks from permitting requirements. Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 20 of 141 AGENDA ITEM #12.A. 3) Would the City allow its inspector(s) to perform plumbing inspections in residential structures being built outside the standards of any building code? 4) Would KEA allow individuals who have opted out to connect to KEA's grid? 5) How do other communities in Alaska without building codes manage utilities, home financing, other permitting, etc.? 6) What are the costs of administering the 1997 UBC versus the 2012 IRC? Borough staff approached City staff about item #1 through item #3. They expressed that these questions were best answered by City Council. According to City staff, the Council's next work session is on December 6, 2016 and their next regular meeting is on December 8, 2016. Regarding item #4, Borough staff made contact with Jim Devlin, Manager of Operations and Engineering at KEA. Mr. Devlin indicated that KEA would not have reservations providing electrical connections for individuals opting out. Electrical permits from the City of Kodiak or the Kodiak Island Borough would not be necessary. To gain some perspective from other communities in Alaska that do not have building codes (item #5), staff reached out to the Matanuska-Susitna Borough, the Ketchikan Gateway Borough, and the Fairbanks North Star Borough. Staff received the following information: - Municipal utilities do not extend beyond municipal boundaries in these jurisdictions. - The electrical utility often requires a permit and deals with homeowners directly. Some require zoning compliance before permit issuance. - Boroughs have Public Works staff who administrate public utilities available outside of city limits. - Commercial inspections are done by the State Fire Marshal. - In the absence of a building code, a PUR-101 and PUR-102 are required if financing a home through AHFC that was built after 1992. These inspections for new homes can cost homeowners up to $2,000 in Fairbanks. - Homeowners may purchase and/or construct with other loan programs (e.g. conventional, FHA, VA, HUD 182). - Destructive inspections are uncommon in the Greater Fairbanks market, probably due to steady sales and national mortgage rates, which decreases the need to use AHFC. - The appraisal community should also be a consideration, given that their standards for appraisal vary by loan program. - Appraisers in the Greater Fairbanks area often use language such as "appraisal value $250,000 subject to an engineer's inspection of the foundation" to address concerns that they have with structural elements of a home. (Note: appraisers are not engineers.) Finally, a brief explanation of estimated costs relating to item #6 is provided below: 1997 Uniform Building Code 2012 International Residential Code Total annual cost: $248,000* Total annual cost: $145,000** Assumptions: Assumptions: KIB would need a Building Department MOA would remain in place Two additional employees needed City would allow opt out General liability insurance may increase General liability insurance carried by City Need deferred status from State Fire Marshal Commercial inspections performed by City Figure does not Include estimate for lncreased general itabiliy insurance 2015 and 2016 were significantly lower at approximately $113,000. Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 21 of 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #12.A. VERSION I- NO OPT OUT FOR REFERENCE KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-22 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 15 BUILDINGS AND CONSTRUCTION CHAPTER 15.10 BUILDING CODES TO READOPT THE 2012 INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO-FAMILY DWELLINGS WHEREAS, as a second class Borough, the Kodiak Island Borough (Borough) has adopted KIBC Title 15 (Buildings and Construction) to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the borough; and; and WHEREAS, in accordance with Chapter 15.10 KIBC, the Kodiak Island Borough adopted by reference the 1997 Uniform Building Code (UBC) for One- and Two -Family Dwellings (Ordinance FY 2016-12); and WHEREAS, the City of Kodiak (City) has indicated a desire to administer a single building code under the City and Borough's Memorandum of Agreement (MOA); and WHEREAS, it is in the best interest of the Borough to continue contracted building department functions and services with the City through the existing MOA; and WHEREAS, in discussions related to the high cost of home construction in Kodiak, the additional expense of engineering for certain new construction, additions, or remodeling projects has been noted as a significant expense; and WHEREAS, there are very few licensed practicing engineers in Kodiak, further adding to the cost of complying with applicable engineering requirements for construction; and WHEREAS, the 2012 International Residential Code (IRC) allows more flexibility in prescriptive construction methods; and WHEREAS, specific revisions to the 2012 IRC may be made to reflect local construction conditions and constraints; and WHEREAS, the Borough Assembly set aside time for public and agency input and discussion on numerous occasions; and Kodiak Island Borough, Alaska Ordinance No. FY2017-22 Deletion — Red, Strikeout Page 1 of 4 Insertion — Bold, Blue, Underlined Version 1 — No Opt Out Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 22 of 141 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #12.A. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That section 15.10.010 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 15.10.010 Adoption of building and other codes. The following codes are hereby adopted by reference as the building codes for the borough: A. The 2009 International Building Code, as adopted with revisions in 13 AAC 50.020, and including Appendix H, Signs, for all buildings except one- and two-family dwellings and residential accessory buildings; provided, that the following revisions to the 2009 International Building Code in 13 AAC 50.020 are not adopted: (1) the deletion in 13 AAC 50.020(1) of Sections 103, 104.4, 104.6, 104.8, 105.4, 107.5, 108.4, 109.2, 109.5 and 110 to 115; and (2) the revisions in 13 AAC 50.020(7), (8), (9), (10), (11), (16), (17), (66), (73), (74) and (77); B. 2012 International Residential Code for One- and Two -Family Dwellings with the following revisions: 1. R105.2. Work exempt from permit, is amended to read as follows: Building: #10. Decks not exceeding 200 square feet (18.56 m2) in area, that are not more than 30 inches (762 mm) above grade at any point. 2. R301.2.1.1, Wind limitations and wind design required, is amended to read as follows at the end of the section: The following may be built to Seismic design category D2 with 110 MPH wind speed in B and C wind exposure areas provided that the house was permitted before the adoption of the 2012 Residential Building Code. 1) One permit only. An addition that is not more than 15% of the total gross square foot area of the existing building that the addition will be attached to. Roof pitch is a maximum of 5/12 or less. One story additions may be built on a piling foundation provided existing building has a piling foundation. 2) Other exempt structures in section R105.2 Work exempt from permit. 3. R311.7.5.1. Risers, is amended to read as follows: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 2 of 4 Version 1 — No Opt Out Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 23 of 141 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 AGENDA ITEM #12.A. The maximum riser height shall be 8 inches (203mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 318 inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad)from the vertical. Open risers are permitted provided that the opening between treads does not permit the passage of a 4 -inch - diameter (102 mm) sphere. 4. R311.7.5.2, Treads, is amended to read as follows: The minimum tread depth shall be 9 inches (228mm). The tread depth shall be measured horizontally between the vertical planes of the foremost prosection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 318 inch (9.5 mm). 5. R313_.1, Townhouse automatic fire sprinkler systems, is amended to read as follows: An automatic residential fire sprinkler system may be installed in townhouses. 6. R313.2, One- and two-family dwellings automatic fire sprinkler systems, is amended to read as follows: An automatic residential fire sprinkler system may be installed in one- and two-family dwellings. 7. Chapter 11, Energy Efficiency. Remove. 8. Chapters 24, 25, 26, 27, 28, 29, 30, 31. 32, and 33. Remove plumbing chapters related to the International Residential Code and insert the 2009 Uniform Plumbing Code. 9. Chapters 34, 35, 36, 37, 38, 39, 40, 41. 42. and 43. Remove electrical chapters of the International Residential Code and insert the 2011 National Electrical Code. 10. M2002.5, Boiler low-water cutoff, is amended to read as follows: All steam boilers shall be protected with a low-water cutoff control. The low-water cutoff shall automatically stop the combustion operation of the appliance when the water level drops below the lowest safe water level as established by the manufacturer. C. 2009 International Building Code Appendix J, Grading; D. The 2009 Uniform Plumbing Code, as adopted with revisions in 8 AAC 63.010 in effect as of February 23, 2011, Appendix Chapter B, Explanatory Notes on Combination Waste and Vent Systems; and Appendix Chapter H, Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 3 of 4 Version 1 — No Opt Out Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 24 of 141 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 AGENDA ITEM #12.A. E. The 2009 International Mechanical Code, as adopted with revisions in 13 AAC 50.023, except for the deletions in 13 AAC 50.023(1) of Sections 103, 104, and 106 to 110 of the 2009 International Mechanical Code; F. The 2011 National Electrical Code. 1. 300.4, Protection Against Physical Damage, is amended to read as follows: Where subject to physical damage, conductors, raceways, and cables shall be protected. Thermoplastic type insulated conductors may not be installed when the working environment is below 20° Fahrenheit. 2. 410.16 is amended to read as follows: 410.16 Luminaries and Transformers in Closets. G. The 1997 Uniform Code for the Abatement of Dangerous Buildings; H. The 1997 Uniform Housing Code; and I. 2009 International Fuel Gas Code, Chapters 6 and 7. They are adopted to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the borough; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for violations of these regulations. The building codes so adopted shall be interpreted, administered, and enforced with the local amendments hereinafter specifically set forth, by the borough building official, who is authorized to take such action as may be reasonably necessary to enforce the purposes of this section. The borough manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this section. [Ord. FY2013-09 §2, 2013; Ord. FY2009-12 §2, 2008; Ord. FY2006-02 §2, 2005; Ord. 02-08 §2, 2002; Ord. 99-04 §2, 1999; Ord. 97-05 §3, 1997; Ord. 92- 11 §2, 1992; Ord. 91-13 §2, 1991; Ord. 91-01 §2, 1991; Ord. 88-18-0 §3, 1988; Ord. 85-13-0 §1, 1985; Ord. 84-61-0 §10, 1984; Ord. 84-42-0 §2, 1984. Formerly §15.04.010]. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2016. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: ATTEST: Nova M. Javier, MMC, Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-22 Deletion — Red, Strikeout Page 4 of 4 Insertion — Bold, Blue, Underlined Version 1 — No Opt Out Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 25 of 141 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #12.A. VERSION 2 -KYLE CROW Introduced by: Borough Assembly Drafted by: CDD Director ADVANCED TO Introduced on: 12/01/2016 PUBLIC HEARING Public Hearing Date:12/15/2016 Clerk's note: This ordinance went before public hearing on 12/15/2016 and was amended by substitution with Version 4. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-22 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 15 BUILDINGS AND CONSTRUCTION CHAPTER 15.10 BUILDING CODES TO READOPT THE 2012 UNIFORM BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS AND PROVIDING FOR EXEMPTIONS IN SECTION 15.10.050 REMOTE AREA EXEMPTIONS WHEREAS, as a second class Borough, the Kodiak Island Borough (Borough) has adopted KIBC Title 15 (Buildings and Construction) to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the borough; and WHEREAS, in accordance with Chapter 15.10 KIBC, the Kodiak Island Borough adopted by reference the 1997 Uniform Building Code (UBC) for One- and Two -Family Dwellings (Ordinance FY 2016-12); and WHEREAS, the City of Kodiak (City) has indicated a desire to administer a single building code under the City and Borough's Memorandum of Agreement (MOA); and WHEREAS, it is in the best interest of the Borough to continue contracted building department functions and services with the City through the existing MOA; and WHEREAS, in discussions related to the high cost of home construction in Kodiak, the additional expense of engineering for certain new construction, additions, or remodeling projects has been noted as a significant expense; and WHEREAS, there are very few licensed practicing engineers in Kodiak, further adding to the cost of complying with applicable engineering requirements for construction; and WHEREAS, the 2012 International Residential Code (IRC) allows more flexibility in prescriptive construction methods; and WHEREAS, specific revisions to the 2012 IRC may be made to reflect local construction conditions and constraints; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 1 of 5 Version 2 - KC Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 26 of 141 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 AGENDA ITEM #12.A. WHEREAS, circumstances may arise where it is appropriate to exempt residential buildings from building regulations; and WHEREAS, the Borough Assembly set aside time for public and agency input and discussion; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That chapter 15.10 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 15.10.010 Adoption of building and other codes. The following codes are hereby adopted by reference as the building codes for the borough: A. The 2009 International Building Code, as adopted with revisions in 13 AAC 50.020, and including Appendix H, Signs, for all buildings except one- and two-family dwellings and residential accessory buildings; provided, that the following revisions to the 2009 International Building Code in 13 AAC 50.020 are not adopted: (1) the deletion in 13 AAC 50.020(1) of Sections 103, 104.4, 104.6, 104.8, 105.4, 107.5, 108.4, 109.2, 109.5 and 110 to 115; and (2) the revisions in 13 AAC 50.020(7), (8), (9), (10), (11), (16), (17), (66), (73), (74) and (77); R 1997 Uniform Building G r—.svi—vvwnd two family dwellings ...1 ..idpritial aGGesrory GkidiRg eXGeFptSUe^ Appe staded-in the Uniform Building Cede v,.l� .�.ume 1; a tions to Appendix F exposure C and -C-High-Wind--Wall Fuming- and -Wood -Riles-. B. 2012 International Residential Code for One- and Two -Family Dwellings with the following revisions: 1. R105.2, Work exempt from permit, is amended to read as follows: Building: #10. Decks not exceeding 200 square feet (18.58 m2)in area, that are not more than 30 inches (762 mm) above grade at any point. 2. R301.2.1.1. Wind limitations and wind design reauired, is amended to read as follows at the end of the section: The following may be built to Seismic design category D2 with 110 MPH wind speed in B and C wind exposure areas provided that the house was permitted before the adoption of the 2012 Residential Building Code. 1) One permit only. An addition that is not more than 15% of the total gross square foot area of the existing building that the addition will be attached to. Roof pitch is a Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 2 of 5 Version 2 - KC Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 27 of 141 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 AGENDA ITEM #12.A. maximum of 5112 or less. One story additions may be built on a piling foundation provided existing building has a piling foundation. 2) Other exempt structures in section R105.2 Work exempt from permit. 3. R311.7.5.1, Risers, is amended to read as follows: The maximum riser height shall be 8 inches (203mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 318 inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad) from the vertical. Open risers are permitted provided that the opening between treads does not permit the passage of a 4 -inch - diameter (102 mm) sphere. 4. R311.7.5.2, Treads, is amended to read as follows: The minimum tread depth shall be 9 inches (228mm). The tread depth shall be measured horizontally between the vertical planes of the foremost prosection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 318 inch (9.5 mm). 5. R313.1, Townhouse automatic fire sprinkler systems, is amended to read as follows: An automatic residential fire sprinkler system may be installed in townhouses. 6. R313.2. One- and two-family dwellings automatic fire sprinkler systems, is amended to read as follows: An automatic residential fire sprinkler system may be installed in one- and two-family dwellings. 7. Chapter 11, Energy Efficiency. Remove. 8. Chapters 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33. Remove plumbing chapters related to the International Residential Code and insert the 2009 Uniform Plumbing Code. 9. Chapters 34, 35, 36, 37, 38, 39, 40, 41, 42, and 43. Remove electrical chapters of the International Residential Code and insert the 2011 National Electrical Code. 10. M2002.5, Boiler low-water cutoff, is amended to read as follows: All steam boilers shall be protected with a low-water cutoff control. The low-water cutoff shall automatically stop the combustion operation of the appliance when the water level drops below the lowest safe water level as established by the manufacturer. C. 2009 International Building Code Appendix J, Grading; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 3 of 5 Version 2 - KC Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 28 of 141 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 AGENDA ITEM #12.A. D. The 2009 Uniform Plumbing Code, as adopted with revisions in 8 AAC 63.010 in effect as of February 23, 2011, Appendix Chapter B, Explanatory Notes on Combination Waste and Vent Systems; and Appendix Chapter H, Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors; E. The 2009 International Mechanical Code, as adopted with revisions in 13 AAC 50.023, except for the deletions in 13 AAC 50.023(1) of Sections 103, 104, and 106 to 110 of the 2009 International Mechanical Code; F. The 2011 National Electrical Code. 1. 300.4, Protection Against Physical Damage, is amended to read as follows: Where subject to physical damage, conductors, raceways, and cables shall be protected. Thermoplastic type insulated conductors may not be installed when the working environment is below 20° Fahrenheit. 2. 410.16 is amended to read as follows: 410.16 Luminaries and Transformers in Closets. G. The 1997 Uniform Code for the Abatement of Dangerous Buildings; H. The 1997 Uniform Housing Code; and I. 2009 International Fuel Gas Code, Chapters 6 and 7. They are adopted to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the borough; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for violations of these regulations. The building codes so adopted shall be interpreted, administered, and enforced with the local amendments hereinafter specifically set forth, by the borough building official, who is authorized to take such action as may be reasonably necessary to enforce the purposes of this section. The borough manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this section. [Ord. FY2013-09 §2, 2013; Ord. FY2009-12 §2, 2008; Ord. FY2006-02 §2, 2005; Ord. 02-08 §2, 2002; Ord. 99-04 §2, 1999; Ord. 97-05 §3, 1997; Ord. 92- 11 §2, 1992; Ord. 91-13 §2, 1991; Ord. 91-01 §2, 1991; Ord. 88-18-0 §3, 1988; Ord. 85-13-0 §1, 1985; Ord. 84-61-0 §10, 1984; Ord. 84-42-0 §2, 1984. Formerly §15.04.010]. 15.10.050 Remote -area Eexemptions. A. Notwithstanding the construction requirements contained within this code, owner -occupied residential buildings and accessory buildings associated with residential use, when located in Tem o.ea,e"'^^ s outside city limits, are exempt from the building regulations of the borough. B. The borough does not certify that any building built under this exemption meets any of the adopted codes or ordinances. No physical inspections will be made of the structure. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 4 of 5 Version 2 - KC Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 29 of 141 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 AGENDA ITEM #12.A. C. Permits and inspection services are encouraged and recommended to ensure safety, reduce owner liability, and enhance property values and shall be provided available inthis exempt aFe at the owner's option. Cost of these permits and inspection services are the responsibility of the property owner and will be charged at the same rate as the nonexempt construction compliance oversight, administration, and inspection vartions of the laGpeugh. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2016. 13i17GL969s��:�;• Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-22 Page 5 of 5 Version 2 - KC Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 30 of 141 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #12.A. VERSION 3 - MATT VANDAELE FOR REFERENCE KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-22 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 15 BUILDINGS AND CONSTRUCTION CHAPTER 15.10 BUILDING CODES TO READOPT THE 2012 UNIFORM BUILDING CODE FOR ONE AND TWO-FAMILY DWELLINGS AND PROVIDING FOR EXEMPTIONS IN SECTION 15.10.050 REMOTE AREA EXEMPTIONS WHEREAS, as a second class Borough, the Kodiak Island Borough (Borough) has adopted KIBC Title 15 (Buildings and Construction) to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the borough; and WHEREAS, in accordance with Chapter 15.10 KIBC, the Kodiak Island Borough adopted by reference the 1997 Uniform Building Code (UBC) for One- and Two -Family Dwellings (Ordinance FY 2016-12); and WHEREAS, the City of Kodiak (City) has indicated a desire to administer a single building code under the City and Borough's Memorandum of Agreement (MOA); and WHEREAS, it is in the best interest of the Borough to continue contracted building department functions and services with the City through the existing MOA; and WHEREAS, in discussions related to the high cost of home construction in Kodiak, the additional expense of engineering for certain new construction, additions, or remodeling projects has been noted as a significant expense; and WHEREAS, there are very few licensed practicing engineers in Kodiak, further adding to the cost of complying with applicable engineering requirements for construction; and WHEREAS, the 2012 International Residential Code (IRC) allows more flexibility in prescriptive construction methods; and WHEREAS, specific revisions to the 2012 IRC may be made to reflect local construction conditions and constraints; and WHEREAS, circumstances may arise where it is appropriate to exempt some single-family dwellings from building regulations; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 1 of 5 Version 3 -MV Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 31 of 141 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 AGENDA ITEM #12.A. WHEREAS, the Borough Assembly set aside time for public and agency input and discussion; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That chapter 15.10 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 15.10.010 Adoption of building and other codes. The following codes are hereby adopted by reference as the building codes for the borough: A. The 2009 International Building Code, as adopted with revisions in 13 AAC 50.020, and including Appendix H, Signs, for all buildings except one- and two-family dwellings and residential accessory buildings; provided, that the following revisions to the 2009 International Building Code in 13 AAC 50.020 are not adopted: (1) the deletion in 13 AAC 50.020(1) of Sections 103, 104.4, 104.6, 104.8, 105.4, 107.5, 108.4, 109.2, 109.5 and 110 to 115; and (2) the revisions in 13 AAC 50.020(7), (8), (9), (10), (11), (16), (17), (66), (73), (74) and (77); B.19B7UHifaFFn-- Building --Ce ily dwelfings—and •, SidPi'',...tiAl assesseFy building , inGluding eXGerpts from Appendix Ghapter 23, WhiGh are inGluded4R the UnifaFFR Building Code Volume 4; opt ons to Appendix GhampteF 23, feF expesUm G_ and G High Wind Wall FFaming and Weed Piles. B. 2012 International Residential Code for One- and Two -Family Dwellings with the following revisions: 1. R105.2. Work exempt from permit, is amended to read as follows: Building: #10. Decks not exceeding 200 square feet (18.58 m2)in area, that are not more than 30 inches (762 mm) above grade at any point. 2. R301.2.1.1, Wind limitations and wind design required, is amended to read as follows at the end of the section: The following may be built to Seismic design category D2 with 110 MPH wind speed in B and C wind exposure areas provided that the house was permitted before the adoption of the 2012 Residential Building Code. 1) One permit only. An addition that is not more than 15% of the total gross square foot area of the existing building that the addition will be attached to. Roof pitch is a maximum of 5112 or less. One story additions may be built on a piling foundation provided existing building has a piling foundation. 2) Other exempt structures in section R105.2 Work exempt from permit. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 2 of 5 Version 3 -MV Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 32 of 141 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 AGENDA ITEM #12.A. 3. R311.7.5.1. Risers, is amended to read as follows: The maximum riser height shall be 8 inches (203mm). The riser shall be measured vertically between leading edges of the adiacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than 318 inch (9.5 mm). Risers shall be vertical or sloped from the underside of the nosing of the tread above at an angle not more than 30 degrees (0.51 rad)from the vertical. Open risers are permitted provided that the opening between treads does not permit the passage of a 4 -inch - diameter (102 mm) sphere. 4. R311.7.5.2. Treads, is amended to read as follows: The minimum tread depth shall be 9 inches (228mm). The tread depth shall be measured horizontally between the vertical planes of the foremost prosection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 318 inch (9.5 mm). 5. R313.1, Townhouse automatic fire sprinkler systems, is amended to read as follows: An automatic residential fire sprinkler system may be installed in townhouses. 6. R313.2, One- and two-family dwellings automatic fire sprinkler systems, is amended to read as follows: An automatic residential fire sprinkler system may be installed in one- and two-family dwellings. 7. Chapter 11, Energy Efficiency. Remove. 8. Chapters 24, 25, 26, 27, 28, 29, 30, 31. 32. and 33. Remove plumbing chapters related to the International Residential Code and insert the 2009 Uniform Plumbing Code. 9. Chapters 34, 35, 36, 37, 38, 39, 40, 41, 42, and 43. Remove electrical chapters of the International Residential Code and insert the 2011 National Electrical Code. 10. M2002.5. Boiler low-water cutoff, is amended to read as follows: All steam boilers shall be protected with a low-water cutoff control. The low-water cutoff shall automatically stop the combustion operation of the appliance when the water level drops below the lowest safe water level as established by the manufacturer. C. 2009 International Building Code Appendix J, Grading; D. The 2009 Uniform Plumbing Code, as adopted with revisions in 8 AAC 63.010 in effect as of February 23, 2011, Appendix Chapter B, Explanatory Notes on Combination Waste and Vent Systems; and Appendix Chapter H, Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors; Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 3 of 5 Version 3 -MV Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 33 of 141 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 AGENDA ITEM #12.A. E. The 2009 International Mechanical Code, as adopted with revisions in 13 AAC 50.023, except for the deletions in 13 AAC 50.023(1) of Sections 103, 104, and 106 to 110 of the 2009 International Mechanical Code; F. The 2011 National Electrical Code. 1. 300.4, Protection Against Physical Damage, is amended to read as follows: Where subject to physical damage, conductors, raceways, and cables shall be protected. Thermoplastic type insulated conductors may not be installed when the working environment is below 20° Fahrenheit. 2. 410.16 is amended to read as follows: 410.16 Luminaries and Transformers in Closets. G. The 1997 Uniform Code for the Abatement of Dangerous Buildings; H. The 1997 Uniform Housing Code; and I. 2009 International Fuel Gas Code, Chapters 6 and 7. They are adopted to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the borough; to provide for the issuance of permits and collection of fees therefor; and to provide penalties for violations of these regulations. The building codes so adopted shall be interpreted, administered, and enforced with the local amendments hereinafter specifically set forth, by the borough building official, who is authorized to take such action as may be reasonably necessary to enforce the purposes of this section. The borough manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this section. [Ord. FY2013-09 §2, 2013; Ord. FY2009-12 §2, 2008; Ord. FY2006-02 §2, 2005; Ord. 02-08 §2, 2002; Ord. 99-04 §2, 1999; Ord. 97-05 §3, 1997; Ord. 92- 11 §2, 1992; Ord. 91-13 §2, 1991; Ord. 91-01 §2, 1991; Ord. 88-18-0 §3, 1988; Ord. 85-13-0 §1, 1985; Ord. 84-61-0 §10, 1984; Ord. 84-42-0 §2, 1984. Formerly §15.04.010]. 15.10.050 Remote are Eexemptions. A. Notwithstanding the construction requirements contained within this code, owner -occupied residential buildings and accessory buildings associated with residential use, when located in remote areas are exempt from the building regulations of the borough. B. Notwithstanding the construction requirements contained within this code, owner - occupied residential buildings, when located on the road system but outside the City of Kodiak's municipal boundary, may be exempted from the building regulations of the borough provided that: 1. The residential structure is a free-standing single-family structure. 2. The residential structure is 800 square feet or less. 3. All utility codes identified for residential structures in this title are satisfied. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-22 Page 4 of 5 Version 3 -MV Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 34 of 141 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 AGENDA ITEM #12.A. B. The borough does not certify that any building built under this exemption meets any of the adopted codes or ordinances. No physical inspections will be made of the structure. C. Permits and inspection services are available in this exempt area at the owner's option. Cost of these permits and inspection services are the responsibility of the property owner and will be charged at the same rate as the nonexempt portions of the borough. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2016. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-22 Page 5 of 5 Version 3 -MV Ordinance No. FY2017-22 Amending Title 15 Buildings And Cons... Page 35 of 141 AGENDA ITEM #13.8.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 19. 2017 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2017-27 Approving The Disposal Of A t 35 Acre Portion Of The Remainder Of Lot 1, U.S. Survey 2539 By Direct Negotiation Of A Lease At Fair Market Value To Golden Alaska Excavating, LLC For The Purposes Of Resource Extraction And Stockpiling (P & Z Case No. 17-012). ORIGINATOR: Jack Maker FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: This is a request for disposal of a t 35 acre portion of an 8,331.92 acre Borough owned C - Conservation zoned parcel in the Salonie Creek drainage area. The applicant, Golden Alaska Excavating, LLC, is requesting to lease the site at fair market value for the purposes of resource (gravel) extraction and stockpiling. The site is one of three sites in the area that were identified as potential gravel sources by an engineering study performed for the Borough in 2010. That study showed this particular site to contain a substantial amount of minable gravel that can be extracted in a cost effective manner. This, combined with the reasons listed in the provided backup materials, make this property appear well suited for disposal as a gravel extraction site. The Planning and Zoning Commission, by a 4 to 1 vote, has determined the site to be surplus to the public's need and is recommending disposal as stated in the provided resolution. Kodiak Island Borough Code 18.20.020.8 states that land disposals must be approved by an Assembly resolution that specifies the terms and conditions upon which the disposal will be offered. Accordingly the provided Assembly resolution specifies that the disposal will be by direct negotiation of a lease at fair market value to Golden Alaska Excavating, LLC for the purposes of resource extraction and stockpiling, which is consistent with the applicant's request. It is important to note that an additional party, B&R Fish Byproducts Inc., has since submitted an identical request for disposal of this site. That request is scheduled for public hearing at the January 18, 2017 Planning and Zoning Commission regular meeting. Given the additional interest in the site, the Assembly may feel that disposal by a direct negotiation of a lease to a specific entity is inappropriate. Should this be the case, the Borough will have the option to submit a request for disposal of the site by one of the competitive processes listed in Chapter 18.20 (Real property disposal — in general) of the Borough Code. PURPOSE, ACTION, OR RECOMMENDED MOTION: Move to adopt Resolution No. FY2017-27. Kodiak Island Borough Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 36 of 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AGENDA ITEM #13.8.1. Introduced by: Borough Manager Drafted by: CDD Staff Introduced on: 01/19/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2017-27 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH TO DISPOSE OF A ± 35 ACRE PORTION OF THE REMAINDER OF LOT 1, U.S. SURVEY 2539 BY DIRECT NEGOTIATION OF A LEASE AT FAIR MARKET VALUE TO GOLDEN ALASKA EXCAVATING, LLC FOR THE PURPOSES OF RESOURCE EXTRACTION AND STOCKPILING (P & Z CASE NO. 17-012) WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.060 allows citizens to apply for a disposal of interest in Borough land; and WHEREAS, the Kodiak Island Borough received a request from Golden Alaska Excavating, LCC for the disposal of a ± 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by direct negotiation of a lease at fair market value for the purposes of resource extraction and stockpiling; and WHEREAS, KIBC 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning and Zoning Commission before submission to the Assembly; and WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal; and WHEREAS, the principal purpose of the Planning and Zoning Commission review is to consider if the land identified is surplus to the Borough's need; and WHEREAS, the Planning and Zoning Commission has found that the identified portion of the subject parcel selected for disposal is surplus to the public's need based on its review; and WHEREAS, the Planning and Zoning Commission held a public hearing on November 30, 2016 and is recommending the disposal of the site listed below. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: The Kodiak Island Borough Assembly, in accordance with Title 18 of the Kodiak Island Borough Code, approves the disposal of the ± 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539, generally identified in Exhibit A. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on November 30, 2016, that the aforementioned property is surplus to the public's need. Kodiak Island Borough, Alaska Resolution No. FY2017-27 Page 1 of 2 Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 37 of 141 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 AGENDA ITEM #13.8.1. Section 3: The Kodiak Island Borough Assembly authorizes the Borough Manager to negotiate a lease of the aforementioned property at fair market value to Golden Alaska Excavating, LLC for the purposes of resource extraction and stockpiling. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2017 KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Resolution No. FY2017-27 Page 2 of 2 Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 38 of 141 AGENDA ITEM #13.6.9. Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 39 of 141 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AGENDA ITEM #13.8.1. Introduced by: CDD / RMO Requested by: GAE, LLC Drafted by: COD Introduced: 111302016 Pubric Hearing: 11/302016 Adopted: 11/302016 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY2017-12 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING DISPOSAL OF A x 35 ACRE PORTION OF THE REMAINDER OF LOT 1, U.S. SURVEY 2539 BY LEASE AT FAIR MARKET VALUE FOR THE PURPOSES OF RESOURCE EXTRACTION AND STOCKPILING (P & Z CASE NO. 17- 012) WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.060 allows citizens to apply for a disposal of interest in Borough land; and WHEREAS, the Kodiak Island Borough received a request from Golden Alaska Excavating, LCC for the disposal of a t 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling; and WHEREAS, since receiving the request, two additional parties have expressed an interest in the proposed disposal site; and WHEREAS, KIBC 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal; and WHEREAS, the principal purpose of the Commission review is to consider ff the land Identified is surplus to the Borough's need; and WHEREAS, the Planning & Zoning Commission has found that the Identified portion of the subject parcel Identified for disposal is surplus to the public's need based on its review; and WHEREAS, the Planning & Zoning Commission held a public hearing on November 30, 2016 to consider this land disposal request. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on November 30, 2016, that the t 35 acre portion of the Kodiak Island Borough, Alaska Resolution No. FY2017-12 Page 1 of 2 Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 40 of 141 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 AGENDA ITEM #13.6.1. Remainder of Lot 1, U.S. Survey 2539, generally identified In Exhibit A, is hereby surplus to the public's need. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 16 of the Kodiak Island Borough Code, recommends disposal of the aforementioned property by lease at falr market value for the purposes of resource extraction and stockpiling. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS . — DAY OF na-iamtMr 2016 ATTEST: W51y 'i ll -_o Sheila Smith, CDD Secretary Kodiak Island Borough, Alaska PLANNING AND ZONING COMMISSION .5—C-e�✓ /f7rn Scott Arndt, Chair Resolutlon No. FY2017-12 Page 2 of 2 Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 41 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 Case No. 17-012 Draft Land Disposal Resolution Exhibit A Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 42 of 141 AGENDA ITEM #13.6.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 Case No. 17-012 Introduction Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 43 of 141 KIB Location & Zoning Map w` 6 CI Remainder of Lot 1, U.S. Survey 2539 Lot 9, U.S. Approximate location Survey 2539 of t 35 acre portion of Remainder of Lot 1, the Remainder of of 1, U.S. Survey 2539 U.S. Survey 2539 s.. subject to this request •oeQ u� ,a � a 0 ------------------- Zoning Legend L-] Public Use Lends Rural Residential 1 0 Multi Family Residential tight Industrial Q Watershed Rural Residential 2 Business Rural Neighborhood Commercial [� Conservation [ _] Single Family Residential l Retail Business Urban Neighborhood Commercial [� Rural Residential L__.] Two Family Residential ®Industrial Natural Use Rodmk Island eomuga ets AtlPlh�nvw.kodukak.uslgis (907)486-9]]7 Community Development Department vtl �OnM �MMba1pmaemYpugma Y udro w M�aa-__. .... Areas Rnads _—_ _i Umm�eWaed Rpnl of Ways Case No. 17-012 Introduction Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 43 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 KIB Image Overlay Map 6 Survey 2539 �R! '- Approximate location of 3 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 - - subject to this request U.S. Survey 2539 _Image Overla Legend o x.050 i w e.x0o Approximate Disposal r -A r Area Location I Kodluk Island 9orouyh GIS community Development Department I hnpJ/wv w.kodxkak.uV (907)49&9337 7Mmphn dad Wnbrn kmdpupoue mIV xN If M rN�nGd br mYd[I°I reeeMnYYm� Case No. 17-012 Introduction Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 44 of 141 AGENDA ITEM #13.6,1. �PNo 80g PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 Y = Q G`sE 0 O')• 4LASK4 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-012. A Title 18 Land Disposal review to consider disposal of a f 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (KIBC18.20, 18.40, and 18.60). DATE: November 16, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-012 APPLICANT: Golden Alaska Excavating LOCATION: Approximately 1/2 mile south of Salonie Creek shooting range. LEGAL DSC: Portion of Remainder of Lot 1, U.S. Survey 2539 ZONING: C -Conservation District NOTICE: Eighty-three (83) public hearing notices were mailed on October 6, 2016. Four (4) public hearing notices were returned as of the date this report was prepared. STAFF COMMENTS It was recently brought to the attention of staff that additional parties have expressed an interest in the proposed disposal site. Given this new information, should the disposal be approved, the method of disposal may be by competitive bid per KIBC 18.20.020.8, rather than by direct negotiation of a lease with the applicant per KIBC 18.20.020.A. The final decision on which disposal method to use will be made by the Borough Assembly. To accommodate disposal by either method, staff has revised the provided motion and draft resolution to make them more general in nature. ADDITIONAL COMMENTS Additional comments on this request are provided in the attached supplemental memorandum provided by the Borough Resource Management Officer. CONCLUSION As stated in the initial staff report, staff has determined that this request is consistent with the objectives of the adopted Comprehensive Plan and Chapter 18.20 of the Borough Code for real property disposal as set forth in the recommended findings of fad. KIBC 18.20.030 specifies that disposal of Borough land is subject to review by the Commission and that the Commission, by resolution, shall make a recommendation to the Assembly regarding a proposed land disposal. Anticipating a decision in favor of this disposal, a draft resolution that includes the above mentioned revisions is attached to this report. Case No. 17-012 staff Report and Recommendation Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 45 of 141 AGENDA ITEM #13.6.1. ft"0 eoq PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 Y 1 6 �Y atnsea Staff recommends that the Commission make a positive recommendation to the Borough Assembly for this disposal. MOTION The appropriate motion is: Move to adopt Planning and Zoning Commission Resolution No. FY 2017-12, recommending disposal of a f 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (Chapters 18.20, 18.40, and 18.60 KIBC) and to adopt the findings of fact listed in the supplemental staff report dated November 16, 2016 and entered into the record for this case as "Findings of Fact" for Case No. 17- 012. Staff recommends this motion be approved. FINDINGS OF FACT 1. The proposed site is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Engineering studies indicate that the disposal site contains substantial quantities of gravel, which is an essential resource for the Borough. 3. This disposal will further ensure an adequate on -island supply of gravel is available for future development within the Borough. 4. This disposal is consistent with gravel resource guidance and various goals, policies and implementation actions listed in the adopted Comprehensive Plan. 5. The site is well suited for disposal by lease at fair market value for the purposes of resource extraction and stockpiling. Case No. 17-012 Staff Report and Recommendation Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 46 of 141 Date To: AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 Kodiak Island Borough OFFICE of the MANAGER 710 hull Bay Road, Room 101 Kodiak, Alaska 99615 Phone (907) 486-9304 Fax (907) 486-9374 E-mail: Adsnmk'dkndiakak.m November 16, 2016 Dan Rohrer, Mayor Members of the Assembly Through: Michael Powers, Manager From: Duane Dvorak, Resource Management Officer RE: Discussion of Methods of Land Disposal in KIBC Title 18, i.e. Direct Negotiation vs. Competitive Disposal At the P&Z Commission work session last week, staff had recently become aware that there was competitive interest in the land disposal currently pending for the Salonie Creek area. Case 17-012 was brought by the applicant, Golden Alaska Excavating and requests a fair market value disposal with a direct negotiation for the leasehold interest to be disposed of. With the advent of interest by at least one other potential party, the questions arises whether to stay on the "direct negotiation' track or to recommend a competitive disposal method to the borough assembly. KIBC 1820.060.6 does not grant any vested rights to the applicant in the land applied for disposal. So the assembly can consider its options as to how it would choose to move this matter forward towards disposal. The assembly has the ability to disposal of land in any manner not prohibited by law according to KIBC 18 20.020. In addition, several disposal methods are specified in KIBC 18.20.120.A -D including the direct negation method, sealed bid and outcry auction methods. Regardless of the disposal method that the assembly may choose, the common denominator is that a disposal authorization determining that the land is surplus to the boroughs needs is required first, before determining the disposal method. Case No. 17-012 supplemental RMO Memo Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 47 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 Page 2 of 2 Staff is neutral on the question of disposal method. Staff will do whatever the assembly wants staff to do in this regard. That said, there are some fundamental differences in the various disposal processes that may bear on what process would provide the best outcome for the larger community. In this regard, it is up to the commission's discretion whether it would care to address the disposal method with a recommendation to the assembly. KIBC 18.20.020.A requires the commission to make a recommendation to the assembly on the matter of land disposal. In KIBC 18.20.020.13, the assembly clearly has the responsibility to establish the terms and conditions of the sale, whether by ordinance or resolution. After last week's work session , staff discussed with the manager the possible implications of staying on the direct negotiation disposal track versus setting up for a competitive disposal process. With the direct negotiations process, the applicant will pay for survey, appraisal, zoning requests, and reclamation plans as part of the process of arriving at a negotiated lease agreement. The process flows sequentially sothat in the process of getting to an informed position, the applicant does not have to risk all of their money up front and they can withdraw from the process at any time if the information shows the disposal would not be profitable. The competitive disposal process is much like the process of getting residential land ready for land sale. The borough Resource Management Office would be responsible for getting the survey, appraisal, zoning permits and reclamation plan together so that competitive interests can make an informed decision on how much to bid for the lease hold interest. The bottom line for staff, is that a competitive disposal was not projected in this year's budget. With the direct negotiation process, it would likely bring the site online for resource extraction sooner rather than later. If a competitive process is elected, it will have to wait until FY2018, after the next land sale and Chiniak logging and reforestation have been completed. Staff would also note that there are other parcels in the same area, identified in the 2010 RECON study, that are available for potential lease by other parties. It is not like this is a singlular opportunity to lease borough land for resource extraction in this area. Case No. 17-012 Supplemental RMO Memo Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 48 of 141 AGENDA ITEM #13.6.1. P 130"No oq PUBLIC HEARING ITEM 7-E y�P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 Y � � Cm 0 O LALASKA STAFF REPORT AND RECOMMENDATION Case No. 17-012. A Title 18 Land Disposal review to consider disposal of a t 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (KIBC18.20, 18.40, and 18.60). DATE: November 2, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-012 APPLICANT: Golden Alaska Excavating LOCATION: Approximately 1/2 mile south of Salonie Creek shooting range. LEGAL DSC: Portion of Remainder of Lot 1, U.S. Survey 2539 ZONING: C -Conservation District NOTICE: Eighty-three (83) public hearing notices were mailed on October 6, 2016. Four (4) public hearing notices were returned as of the date this report was prepared. SITE VISIT: October 14, 2016 1. Zoning History: • Not classified by the 1968 Comprehensive Plan. • Zoned C -Conservation District by Ordinance No. 77-15-0. 2. Proposed Site Size: t 35 acres 3. Existing Land Use: Review area is vacant. A mobile home residence used as shooting range caretaker housing is located on remaining portion of parcel (situated approximately 2.3 miles northeast of the proposed site). 4. Surrounding Land Use and Zoning: • Vacant C -Conservation zoned parcels to the south, east, and west. • RR1-Rural Residential One and C -Conservation zoning and uses to the north (single-family residences, log storage, and vacant parcels). • The nearest residential development is approximately 1.8 miles north of the proposed site (single-family residences zoned RR1- Rural Residential One). • The nearest other development is approximately '/2 mile to the north (Salonie Creek shooting range zoned C -Conservation). 5. Comprehensive Plan: • Not classified by the 1968 Comprehensive Plan. • No specific Future Land Use Designation assigned by the 2008 Comprehensive Plan. Case No. 17-012 Staff Report and Recommendation Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 49 of 141 AGENDA ITEM #13.6.1. PNo eoq PUBLIC HEARING ITEM 7-E y �t P & Z REGULAR MEETING: NOVEMBER 30, 2016 Y t Y Y� 0 p': ALA5NA 6. Applicable Regulations: The following sections of Title 18 (Borough Real Property) of the Borough Code are applicable to this request: Chapter 18.20 Real property disposal — in general. 18.20.030 Review by planning commission —Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. 18.20.060 Applications. A. Application for a disposal of borough land under this title shall be filed with the community development department. Only applications completed in full and accompanied by a nonrefundable filing fee as set forth in the current fiscal year schedule of fees and charges will be accepted. B. The filing of an application shall not in any way vest in the applicant any right to the borough land or to the use thereof applied for. 18.20.120 Land disposal methods. The assembly may select any of the following disposal methods: A. Where specifically permitted under this title, direct negotiations with interested parties who seek to acquire borough land. 18.20.130 Appraisal. Borough land shall be appraised within 90 days prior to the date fixed for its disposal. The appraisal shall be performed by the assessor or a qualified appraiser and reflect the fair market value of the land and borough improvements located thereon. 18.20.170 Definitions As used in this chapter: "Borough land" means any real property or interest therein owned by the Kodiak Island Borough; "Contract" means a legally enforceable agreement of any kind, including an option, regardless of what it may be called; "Disposal" means any transfer of real property authorized under this title; and "Real property" means any interest in real property under the law of the state of Alaska, including but not limited to a fee, easement, or leasehold interest, and a revocable license or permit to use real property. Chapter 18.40 Leasing of real Property or interest therein. 18.40.020 Negotiated leases. Case No. 17-012 Staff Report and Recommendation Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 50 of 141 AGENDA ITEM #13.8.1. PND eoy PUBLIC HEARING ITEM 7-E gr P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 YKL; ' QOL A. The assembly may approve by resolution the issuance of a negotiated lease for a period not to exceed five years if the annual rental value of the property is $500.00 or less and no competitive interest for the property is apparent. 18.40.030 Term of lease. Leases may be issued for a period not to exceed 55 years. The term of any given lease shall depend upon the desirability of the proposed use, the amount of investment in improvements proposed and made, and the nature of the proposed improvement with respect to durability and time required to amortize the proposed amendment. 18.40.040 Terms and conditions of leases. The provisions of this chapter and all other applicable provisions of this code are binding as terms and conditions of any lease of borough land. These terms and conditions, if not fully set forth in the lease, are incorporated by reference as though set out in full in the lease. The lease shall contain such additional terms, conditions, and restrictions as the borough determines to be in its best interest. 18.40.050 Minimum acceptable annual rental. A. Annual minimum rentals shall be computed at the prevailing interest rate used in the conventional mortgage market in Kodiak, based on the appraised fair market value for the land and/or improvement rights being leased. This minimum shall be the lowest acceptable bid in the event of an auction, lease by sealed bid, or negotiated lease. B. No land shall be leased for less than the approved, appraised, annual rental except as provided in KIBC 18.20.020. Chapter 18.60 Material sales. 18.60.010 Materials available. All materials to which the borough holds title may be sold pursuant to contract approved by the assembly. The manager shall recommend to the assembly a form of contract, including limitations, conditions, and terms of the sale. "Materials" means nonrenewable, natural, extractive resources including, but not limited to, gravel, sand, soil, rock and peat. "Materials" shall be considered real property for the purposes of this title. 18.60.020 Additional application information. A. An application for a material sale shall include, in addition to requirements in KIBC 18.20.040, a map showing or containing the following: 1. The location of the material site area oriented to topographic features or survey markers; 2. The location of adjacent property boundaries, roads and watercourses; 3. Names of adjoining property owners; and 4. A vicinity map of appropriate scale to properly locate the application area. B. The information required in subsection A of this section is waived when applying for material from a borough -designated material source. 18.60.040 Volume determination. Measurements to determine the volume of material sold may be by cross -sectioning, weighing, or other method considered to give accountability of the materials sold. The purchaser shall Case No. 17-012 Staff Report and Recommendation Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 51 of 141 AGENDA ITEM #13.8.1. S40 804 PUBLIC HEARING ITEM 7-E 9�V P & Z REGULAR MEETING: NOVEMBER 30, 2016 Q Yr-'• 0 o 'L ALgSKA bear the cost of volume determination for all material sales. The borough, on its own motion, may make additional volume measurements to verify the accuracy reported. 18.60.050 Method of payment. A. A minimum of $1,000 shall be paid to the borough when executing a negotiated material contract. No refund will be made if the volume removed is not equivalent to the value of the initial payment. The balance of the negotiated contract price is due as provided in the sale contract. B. Competitive bid offerings shall require the following payment schedule: 1. An initial payment of $1,000 or 10 percent of the total contract value, whichever is more, shall be deposited at the time of the bid award; 2. The balance of the contract price shall be due as provided in the material sales contract; 3. No refund of the initial payment will be made if no material or the equivalent valued material is not removed; and 4. Up to $2,000 of the initial payment may be retained by the borough as payment deposit throughout the life of the contract to be applied to the final payment due for materials not earlier paid for. 18.60.060 Appraisal. A. The assembly shall establish, at annual intervals, a minimum unit price for material to be sold. B. All new and existing contracts for sale of material shall be adjusted automatically to reflect the price established under subsection A of this section; provided, that a contract price established by competitive bidding, if higher than the general price established by the assembly, shall not be affected. 18.60.070 Performance bond. The manager may require the purchaser to provide a performance bond in an amount he determines necessary to protect the borough's interest and ensure satisfactory compliance of the contract stipulations. A purchaser may use a state-wide bond to meet the performance bond requirements. STAFF ANALYSIS This is a request for disposal of a ± 35 acre portion of an 8,331.92 acre Borough owned C - Conservation zoned parcel in the Salonie Creek drainage area. The requested disposal method is by lease at fair market value and the intended use of the site is gravel extraction and stockpiling. Nonrecreational mineral extraction activities and related structures are listed as a conditional use in C -Conservation zoning and as a permitted use in I -Industrial zoning. Accordingly, should this disposal be approved, a Conditional Use Permit or a rezone to (- Industrial must be approved prior to issuing zoning compliance for gravel extraction at this site (further addressed later in this report). The Salonie Creek Drainage area was investigated by the Kodiak Island Borough 2005 Gravel Task Force. Their final report' states that the area contains unknown amounts of marginal quality gravel and that extraction would have a low to moderate impact on the surrounding area. ' Exhibit A Case No. 17-012 Staff Report and Recommendation Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 52 of 141 AGENDA ITEM #13.8.1. ypp, a Bog" PUBLIC HEARING ITEM 7-E A P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 Y 1 O O Y AL45KA In November of 2010 the specific site subject to this request was further investigated as a potential gravel source by Rowland Engineering Consultants. In their December 2, 2010 report2 they state that the site (referred to as site #2) contains an estimated 600,000 to 900,000 cubic yards of gravel and that follow up drilling could show that substantially more gravel is available. They also state that the site lends itself to development that would require minimal organic stripping and that material could be mined using conventional equipment at a relatively low cost per unit of material extracted. Based on this information, the site contains a substantial amount of minable gravel that can be extracted in a cost effective manner. The proposed site and surrounding area is not developed and has served only as open space for many years. There are no plans to develop the area for any public uses. The Salonie Creek drainage is frequented by recreational users. The site's ± 35 acre footprint should have a minimal impact on such activities, as the remainder of the 8,331.92 acre Borough owned parent parcel will continue to be available for recreational use. In addition, the proposed site location will not obstruct recreational user access to adjacent State owned land. Consequently, the site appears to be surplus to the public's need. This, combined with the availability of substantial gravel resources and adequate buffering from residential development (1.8 miles), makes the site seem well suited for disposal by the method and for the purpose requested. COMPREHENSIVE PLAN CONSISTENCY The 2008 Comprehensive Plan provides the following guidance regarding gravel resources within the Borough: Gravel is an essential resource for the Borough. It is needed for road and other construction in areas within and outside the road system. Protection, management, and use of gravel resources within the Borough is essential to conducting these activities in a cost-effective manner and avoiding the need to import gravel and other construction materials (e.g. large rock forjetty and other marine improvements) from outside the Borough. At the same time, extraction of gravel can have adverse impacts on adjacent land uses, particularly residential uses, in terms of noise, traffic, safety, and visual impacts. It is essential to site gravel extraction and adjacent uses in a way that minimizes potential conflicts and mitigates the effects of those conflicts when they do occur. The KIB Gravel Task Force has been working to identify important potential gravel resources within the Borough. The Task Force has identified existing sites already designated by the state and material sites, as well as other areas that may represent future gravel resource areas. This proposed disposal will further ensure an adequate on -island supply of gravel is available for future development within the Borough, which is consistent with the above statement. The proposed site is approximately 1.8 miles away from the nearest residential development. Materials will be transported from the site to the Chiniak Highway along an access road that does not pass through residential development (with the exception of the shooting range caretaker residence, which is approximately 170' from the roadway). Accordingly, no adverse impacts on adjacent land uses should occur as a result of this disposal, which is also consistent with the above statement. The proposed disposal is also consistent with the following goals, policies, and implementation actions of the adopted Comprehensive Plan: 2 Included in Application Package Case No. 17-012 Staff Report and Recommendation Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 53 of 141 AGENDA ITEM #13.8.1. 9yPNo 130" PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 r s c w�, H o 'L AL45KA • Land Use Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. • Policv: Protect undeveloped gravel deposits in undeveloped areas from conflicts with other potentially incompatible uses through zoning, land acquisition, and buffering. o Implementation Action: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for the projected uses, and conditions or constraints that may affect development. Consider the use of public or private Native -owned lands to help meet these needs. • Land Use Goal: Establish goals, priorities, and procedures for acquisition, disposition, and management of Borough -owned lands. • Implementation Action: Develop a land management policy system and portfolio for Borough -owned lands that inventories resources and potential uses of Borough lands, and designates which lands the Borough should retain and which lands it should sell or trade. • Economic Goal: Support opportunities for environmentally sound sand and gravel resource exploration and extraction, and support development of sand and gravel resources in order to facilitate local development. • Implementation Action: Identify opportunities and constraints of developing potential sand and gravel deposits within the KI8. • Implementation Action: Work to identify potential needs for, and sources of, sand and gravel for community expansion. • Womens Bay Land Use Goal., Maintain the rural residential setting of the community. • Imolementation Action: Create buffer zones between existing residential and industrial land uses. ADDITIONAL ACTIONS REQUIRED It's important to note that this disposal request is the initial action required in the applicant's effort to establish a gravel extraction use on this site. The following additional actions will be required should this disposal be approved: 1. A Conditional Use Permit or a rezone to I -Industrial must be approved. Staff note: Rezoning the site to I -Industrial would allow staff to issue zoning compliance for gravel extraction as a permitted use upon completion of the disposal. Maintaining the site's current C -Conservation zoning would require the approval of a Conditional Use Permit and completion of the disposal prior to staff issuing zoning compliance. Staff recommends that the current zoning be maintained and that a Conditional Use Permit application be required. This will ensure a more thorough vetting of the site and allow specific conditions of approval to be established as the Commission sees fit. Staff has incorporated the Conditional Use Permit requirement into the attached draft resolution. Case No. 17-012 Staff Report and Recommendation Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 54 of 141 AGENDA ITEM #13.8.1. Ppo Boq PUBLIC HEARING ITEM 7-E q� P & Z REGULAR MEETING: NOVEMBER 30, 2016 Y S' Q Ti4i O O LALASKA 2. Completion of the land disposal process per Chapters 18.20, (Real property disposal -in general), 18.40 (Leasing of real property or interest therein), and 18.60 (Material sales) of the Borough Code. The following will be required to complete that process: A. Completion of an outer boundary survey to accurately define the disposal area. B. Completion of a land and materials appraisal. C. Negotiation of a lease per Chapter 18.40 KIBC. D. Assembly approval of a material sales contract Per Chapter 18.60 KIBC. 3. Issuance of zoning compliance by staff. Staff note: The Conditional Use Permit would likely have conditions of approval that would have to be satisfied prior to issuing zoning compliance. Staff would ensure any such requirement was fulfilled prior to issuance. ADDITIONAL COMMENTS Additional comments on this request are provided in the attached memorandum provided by the Borough Resource Management Officer. CONCLUSION Staff recommends that this request is consistent with the objectives of the adopted Comprehensive Plan and Chapter 18.20 of the Borough Code for real property disposal as set forth in the recommended findings of fact. KIBC 18.20.030 specifies that disposal of Borough land is subject to review by the Commission and that the Commission, by resolution, shall make a recommendation to the Assembly regarding a proposed land disposal. Anticipating a decision in favor of this disposal, a draft resolution is attached to this report. Case No. 17-012 Staff Report and Recommendation Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 55 of 141 AGENDA ITEM #13.6.1. PNo Boq PUBLIC HEARING ITEM 7-E A 0 " P & Z REGULAR MEETING: NOVEMBER 30, 2016 Y rt' c 7r-� O L ALASKA RECOMMENDATION Staff recommends that the Commission make a positive recommendation to the Borough I Assembly for this disposal. MOTION The appropriate motion is Move to adopt Planning and Zoning Commission Resolution No. FY 2017-12, recommending disposal of a t 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease to Golden Alaska Excavating, LLC at fair market value for the purposes of resource extraction and stockpiling (Chapters 18.20, 18.40, and 18.60 KIBC) and to adopt the findings of fact listed in the staff report dated November 2, 2016 and entered into the record for this case as "Findings of Fact" for Case No. 17-012. Staff recommends this motion be approved. FINDINGS OF FACT 1. The proposed site is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Engineering studies indicate that the disposal site contains substantial quantities of gravel, which is an essential resource for the Borough. 3. This disposal will further ensure an adequate on -island supply of gravel is available for future development within and outside the Borough. 4. This disposal is consistent with gravel resource guidance and various goals, policies and implementation actions listed in the adopted Comprehensive Plan. 5. The site is well suited for disposal by lease at fair market value for the purposes of resource extraction and stockpiling. Case No. 17-012 Staff Report and Recommendation Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 56 of 141 AGENDA ITEM #13.B. I. m: em,_d || ! ! ! ! f|| | | ! # � , . ■- - ; ! \\ |! ! |! ! ! ! ! ! | ! ! ! !/ | | | ! | ( ] (- /\(|�§| ! . § | |! \ ,...,,|�! ■■ ! | ! !, | | 5 , ; . \ � «% § �k x / .Wc \ Resolution No. FY 2,7-27Approving peDisposal GAlS Ac... m@ 57 of 141 || ! ! ! ! f|| | | ! # � , . ■- - ; ! |! ! |! ! ! ! ! ! | ! ! ! | | | ! | ( (- /\(|�§| ! . § | |! \ ,...,,|�! ■■ ! | ! !, | | AGENDA ITEM #13.6.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 Exhibit A Page 2 of 2 In addition, the Gravel Task Force directed additional exploration and assaying of resource potential at two specific sites on the road system, and welcomed private sector collaboration pertaining to a well-known, although less accessible, resource site. A synopsis of effort and findings follows. Salonie Creek Investigation: Anderson stated nothing was found at Salonie Creek. It was mostly overburden and glacial till. Bedrock was found on one of the highest sections. Bob Hales went with him and eleven holes were dug. Holes were dug by the rifle range and then up by the Cottonwoods. Silt was found down to 9 feet with a lot of water. When they dug behind the rifle range the hole was full of ammunition and gun parts so they covered it back up. The area that was identified to do the exploration on where the mounds are going in was standard organics, a good layer of ash, overburden, and then glacial till with one exception there was bedrock. In the area where material was borrowed from Anderson discovered what was borrowed was glacial till which was used as fill. Anderson and Hale dug down 3, 4, and 5 feel where the old parts of buildings are and found gravel fill, and then found where that fill was used. The material was borrowed out of there to make a big area and then just capped it with gravel. Anderson and Hale's assumption is the gravel came right out of the creek. It was fine without many cobbles. They dug in two different man made construction pads which the material was the same as the material in the creek. If you went up further past the borough property you would gel into more cobbles that would probably be better quality material. There was nothing found worth developing on the borough property.' Lot 7 United States Survey 2539 Investigation: Anderson stated there were 9 sites identified on Coast Guard property to dig but the Coast Guard came with a permit to dig only 6 holes. Anderson picked the 6 places that best represented the area which he got good results from. In the first hole, the water level was at 6'/2 feet down but he dug to 14 feet deep with no change in the material, but he found a silt lens about a foot deep. Most of the holes were dug at 14, 14, 16, and 18 feet. The better holes were farther up closer to the river and away from the ocean which he got 18 feet with no water, and then 17 feet with no water. Up in the corner is a big bedrock knob. Anderson said the 17 and 18 foot deep holes that had no water were probably two hundred feet from the creek. The gravel looks good which he got 6 five gallon bucket samples to be sent in. He likes the high percentage of cobbles because it bodes well for the hardness of material. The site looks good. It's on the road system and there aren't any neighbors to disturb 2 ' From the Minutes of the July 2, 2007 Gravel Task Force Meeting. ' From the Minutes of the July 2, 2007 Gravel Task Force Meeting. Page 7 of 15 Case No. 17-012 Staff Report and Recommendation Exhibit A Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 58 of 141 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 Introduced by: CDD / RMO Requested by: GAE, LLC Drafted by: CDD Introduced: 11/30/2016 Public Hearing: 11/30/2016 Adapted: 11/30/2016 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY2017-12 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING DISPOSAL OF A t 35 ACRE PORTION OF THE REMAINDER OF LOT 1, U.S. SURVEY 2539 BY LEASE TO GOLDEN ALASKA EXCAVATING, LLC AT FAIR MARKET VALUE FOR THE PURPOSES OF RESOURCE EXTRACTION AND STOCKPILING (P & Z CASE NO. 17-012) WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.060 allows citizens to apply for a disposal of interest in Borough land; and WHEREAS, the Kodiak Island Borough received a request from Golden Alaska Excavating, LCC for the disposal of a t 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling; and WHEREAS, KIBC 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal; and WHEREAS, the principal purpose of the Commission review is to consider if the land identified is surplus to the Borough's need; and WHEREAS, the Planning & Zoning Commission has found that the identified portion of the subject parcel identified for disposal is surplus to the public's need based on its review, and WHEREAS, the Planning & Zoning Commission held a public hearing on November 30, 2016 to consider this land disposal request. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on November 30, 2016, that the t 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539, generally identified in Exhibit A, is hereby surplus to the public's need. Case No. 17-012 Draft Land Disposal Resolution Resolution No. FY2017-27 Approving The Disposal Of A t 35 AD... Page 59 of 141 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the aforementioned property by direct negotiation of a lease to Golden Alaska Excavating, LLC at fair market value for the purposes of resource extraction and stockpiling, subject to the stipulations listed in Section 3. Section 3: Stipulations. 1. Prior to completion of the disposal, Golden Alaska Excavating, LLC shall provide a survey performed by a State of Alaska licensed surveyor that accurately defines the outer boundaries of the disposal area. 2. Golden Alaska Excavating, LLC shall successfully obtain a Conditional Use Permit for nonrecreational mineral extraction activities (gravel extraction) prior to completion of this disposal. Section 4: The Kodiak Island Borough Planning & Zoning Commission recommends that the Borough Manager be authorized to negotiate with Golden Alaska Excavating, LLC to complete the land disposal in accordance with the provisions of Title 18 of the Kodiak Island Borough Code, subject to the stipulations listed in Section 2. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS DAY OF ATTEST: Sheila Smith, CDD Secretary 2016 PLANNING AND ZONING COMMISSION Scott Arndt, Chair Case No. 17-012 Draft Land Disposal Resolution Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 60 of 141 AGENDA ITEM #13.6.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 Case No. 17-012 Draft Land Disposal Resolution Exhibit A Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 61 of 141 Page I of 2 AGENDA ITEM W.8.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road, Room 101 Kodiak,:Uaska 99615 Phone (907) 486-9304 Fax (907) 486-9374 E-mail: d&omkn kadmkak.us To: Planning & Zoning Commission Through: KIB Community Development Department From: Duane Dvorak, Resource Management Officer Date: October 27, 2016 Re: Case 17-012, request for disposal of a 35 acre Portion of Lot 1, U.S. Survey 2539, for lease at fair market value for the purposes of establishing a resource extraction use. Generally located in the Salonie Creek drainage up valley from the Salonie Creek Rifle Range. The applicant, Golden Alaska Excavating, has requested a disposal of the above reference borough land for the purposes of resource extraction. This area has been generally identified for potential resource extraction use in prior planning efforts and an engineering survey that was conducted in 2010. The 2008 Kodiak Island Borough Comprehensive Plan Update generally identifies areas located between the Chiniak Highway and Salonie Creek Rifle Range,for Resource Extraction. The best resource information at that time indicated some aggregate potential in those areas noted in the plan (attached, emphasis added). During this same time frame, there was a concerted effort by the borough to identify additional good quality aggregate resources for the community through a citizen driven "Gravel Task Force". The 2010 Engineering survey which was conducted up valley from the Salonie Creek Rifle Range was a natural follow-on to the Gravel Task Force efforts. The applicant has included a summary of the results from this exploration and assessment process. As it turns out, the resource values up valley are much better than the areas specifically identified in the 2008 plan update. Resource Management staff recommends the area requested for disposal be determined surplus to the boroughs needs and therefore available to be leased and utilized by the applicant. The request could then be referred to the Manager's Office by the assembly to Case No. 17-012 Resource Management Officer Comments Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 62 of 141 AGENDA ITEM #13.6.1. PUBLIC HEARING ITEM 7•E P a Z REGULAR MEETING: NOVEMBER 30, 2016 Page 2 of 2 work through the remainder of the disposal process described in KIBC 18.20 Land Disposal Generally. To complete the disposal will require a survey and appraisal to be performed in order to arrive at a lease rate for the land itself. Staff has no opinion on the estimated value proposed by the applicant. This calculation will be reviewed and verified by the borough Assessor to ensure the lease rate is set at a market rate value. The sale of material and royalties from the site will also need to be addressed in the context of KIBC 18.60 at such time the lease is completed. There will also be a need to address certain other zoning and land use issues along the way. Resource extraction at a minimum requires a conditional use permit in the C— Conservation zoning district. However the crushing of rock and batching of asphalt or concrete on the site could cross over into a need to change the zoning of the site to I - Industrial. The Community Development Department will most likely have the last say on where the line is drawn between resource extraction and industrial uses, but the applicant should be prepared for additional appearances before the Planning and Zoning Commission and assembly. With regard to proposed road improvements, there will be certain challenges to address along the way. The road will technically fall outside the leased area, however it will need to be recognized that a certain share of responsibility should be allocated to the users of the road, particularly where heavy truck traffic is involved. Challenges to be addressed could include permitting for anadromous stream crossings and culverts, potential road relocations to avoid conflicts with existing rifle range use, compliance with Land, Conservation and Water Fund grant requirements for non -recreational road access across the rifle range site and ensuring continued public access for recreational users utilizing the Salonie Creek drainage. These issues can be systematically addressed once a land disposal approval has been granted by the KIB. Case No. 17-012 Resource Management Officer Comments Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 63 of 141 AGENDA ITEM #13.B.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 v Kodiak Island Borough Community Development Department SubmKby Emall 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 Print Form s gip://www.kodiakak.us Applicant Information: Property Owner / Applicant: Mailing Address: Phone Number. Other Contact email, etc Agent&/orsurveyor. Mailing Address Phone Number, Other Contact email, etc Administrative Request Nature/Purpose or Request: D/dOJSA-t_ 13YG,l;!}cr ga4i'yL 777-uz / legal penplptbm subdr OS .S//lLU/t'y Z5,31 clod: Lot 1 C.mt +Ing: (?(7&60A-Jal-1dL1 AppgobI.Co,np,Amsln Plan'. _?1/Q%6 60"e PI;A✓ Present Use of Property: 79-1 Pj5 P.p AARA- lS Vht I am providing additional information In the forth of: Additional Narrative/History: t/ As -built Survey: Maps: t/ Photographs: Other: I79'Pb LT Date: iD Signature: Reconsideration of PAZ Commission Decision KIBC 17.215 Appeal to P&Z Commission KIBC 17.220 P&ZCommisslon Slte Plan Review KIBC 17.130.020 P&Z Commission Screening Approval KIBC 17.105.060 Ttle 18 Land Disposal Review RISC 18.20.060 A Postponement at Petltloners request- Public Hearing Item Postponement at Petitioner's request - Non -Public Hearlyd Other Date l7 3 CDDStaff: : PAID OCT 03 2016 Case No. 17-012 Application Package WINCH r 5150.00 r $350.00 r $150.00 r 5150.00 V S350.0015) r S100.00 r S 25.00 r $150.00 Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 64 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 GOLDEN ALASKA EXCAVATING, LLC To Whom it May Concern: September 30, 2016 Golden Alaska Excavating wishes to lease a portion of the Borough property on US Survey 2539, Lot 1 Remainder, otherwise known as the Salome Creek Drainage for the purpose of mining the gravel resource for material sales. We believe that this is a valuable resource for the community of Kodiak. The Borough contracted with Rowland Engineering Consultants in the fall of 2010 to perform an analysis of the gravel resources in this area. Mapping, field work and testing were performed to evaluate the quantity and quality of the gravel. The recommendation by the consultants was that there was a viable resource and the next steps towards development should occur. Golden Alaska Excavating would like to partner with the Kodiak Island Borough to begin developing this resource far the Borough, in the interests of the residents. This resource is owned by the Borough and the additional income that is generated by this site will benefit the Borough and its residents. Golden Alaska Excavating's vision is to assist with the growth, and to help improve and expand services to the community and the local government entities, to give back to the residence as much as possible by providing another resource that won't be impeding on a residential neighborhood. We feel that Salome Creek Drainage is the ideal location to accomplish our vision. Golden Alaska Excavating is prepared to begin direct negotiations to lease a 35 acre plot of land in the Salome Creek Drainage and develop a new gravel resource for the public's benefit. The attached proposed development plan outlines specific areas of concern and interest that Golden Alaska Excavating feels are important to the public. With the approval of the Borough's Planning & Zoning Commission and direction by the Borough Assembly, Golden Alaska Excavating would like to begin negotiations with the Borough's management to finalize a development plan, schedule and contract that is a benefit to the community of Kodiak. SincerelX n Lori Ryser, Owner Cell: 907.539.6490 (✓J�li^ — Email: gae,a,,eci.net P.O. Box 8908 Kodiak, AK 99615 - 907A86.5490 - 888.848.2913 Fax • www.galdenalaska.blz Case No. 17-012 Application Package Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 65 of 141 AGENDA ITEM #13.6.1. PUBLIC HEARING ITEM 7-E P &2 REGULAR MEETING: NOVEMBER 30,201S Salonle Creek Dralnane Real Property Lease for the Purpose of Resource Extractio Golden Alaska Excavating wishes to lease approximately 35 acres of land in the Salonie Creek drainage for the purpose of resource (gravel) extraction. This land has an approximate value of $26,250.00 based on the $750/acre value of the "USS 2539 LT 1 REMAINDER WOMENS BAY' parcel. Golden Alaska Excavating wishes to enter Into direct negotiations with the Borough for the lease of the property generally described as Site #2 (see map) in the Rowland Engineering Consultants report dated December 2, 2010.. Kodiak Island Borough Code 18.20.120 (A) allows for direct negotiation with Interested parties for a lease disposal.. Develooment Plan Golden Alaska Excavating proposes to make Improvements to the existing access road from the Chlnlak Highway to the existing rifle range and develop a new road suitable for hauling material from the extraction site. Golden Alaska Excavating will replace all necessary culverts along the existing access road to be compliant with ADF&G specifications for salmon habitat. Golden Alaska Excavating will maintain the existing access road from the Chinlak Highway to the rifle range. Golden Alaska Excavating may install a job shack/trailer in the boundaries of the leased area. Golden Alaska will provide a Stormwater Pollution Protection Plan (SWPPP) for the site including staged areas for disposal of overburden and organic material, natural drainage and prevention of unintended erosion. The SWPPP plan will protect any identified salmon habitat in the leased area. The final development plan will provide designated salmon rearing habitat in coordination with the Alaska Department of Fish & Game. Development Schedule Golden Alaska Excavating proposes to replace the culverts, improve the existing access road and develop a new access road to the proposed site in the Spring of 2017 as weather conditions, regulations and permits allow for. Site development of the leased area will occur during the Summer of 2017 with gravel extraction and sale occurring soon after. Case No. 17-012 Application Package Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 66 of 141 AGENDA ITEM #13.6.1. Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 67 of 141 W� n'o y LL N w� v �w Q1 RI C m e a mN ¢� Cf0 0 a w> M 0 �a y m =m a 3 v� ❑ w C 9 u m c om�mm y aNmuY in 6 mm N� z rn a C d m �. t m m 2 a o= m m w W d J y �a n o V '� d 0, pmcE gm`ma[mi ea mi a n 3 ¢ d d moo u_ 'C (7 N O ❑ em xallo� ° m n n C N :9 m [i O nL anN n 3 N m p N FYI mQd m0 K U 0 a 0 •-msa 6U S m m SFi` N� v U a c b N n N n O Z v m U N O h N 0 0 Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 67 of 141 4 F%]�MN k Rowland Engineering Consultants Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 AGENDA ITEM #13.6.1. PUBLIC HEARING ITEM 7-E P S Z REGULAR MEETING: NOVEMBER 30, 2016 481 Wm Amk,k, q.Prime,Alu3a99643 907.746.3630 907 333 3006.0 ,u e00.emrlk.m December 2, 2010 Aran.: Robert Schulze, Resource Management Officer Re: Kodiak Island Borough, Salome Creek Materials Investigation. Mr. Schulze: This letter report summarizes the results of the reconnaissance field investigation of the Salonie Creek Drainage recently completed by RECON, LLC on behalf of the Kodiak Island Borough (KIB). The staled goal of the investigation was to determine if gravels of suitable quantity and quality existed on KIB land to comprise a potentially economically feasible resource. The initial field investigation took place Nov 9-11, 2010 and was completed by Steve Rowland, P.E. and Isaac Rowland. LOCATION Based on a review of available imagery, RECON initially selected two primary targets in the Salome Creek drainage for investigation. After the initial field reconnaissance, an additional site approximately 0.3 miles past the rifle range was also added. Access to the targeted locations was primarily on an unimproved trail leading from the rifle range. INVESTIGATION RECON completed initial field reconnaissance on Oct 9th and Bagged a number of sites for follow up work. A hydraulic tracked excavator operated by MK Enterprises was delivered to site on Nov 10th. The excavator was walked to the site and a total of 12 test pits were completed on Nov I& and 11th. All holes were logged by RECON's senior geotechnical engineer, Steve Rowland, P.E. Page 1 of 6 Case No. 17-012 Application Package Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 68 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 1R�,(WN * Rowland EngineeringCansulrancr 193Wu,Am.A,.0 P.I.. Alk. 99615 r 907.796.3630.907.3553006n7 - nehAnAJlem, A map showing the locations of all test pits and sample locations is attached to this report. A summary of the test pit logs is also attached. Material Resource Site #1 Site #I consists of an abandoned alluvial outwash plaintestuary located just upstream of the rifle range. The overall size of this area was approximately 25 acres running parallel to Salome Creek A series of 3 test pits (SCTP-01, 02, and 03) were completed along the length of this area. Overburden varied from 2-6 R and primarily consisted of volcanic ash, organics and outwash sand. Water table was encountered at a shallow depth (6.5-10 ft). At least some gravel of apparent good quality was encountered in all test pits. However due to the shallow nature of the pits and the high water table, results are generally considered inconclusive. RECON was unable to make any determinations as to recoverable volume and further investigation of this area will require a test drilling program. Material Resource Site #2 Site #2 consisted of an active alluvial fan created by an intermittent stream (Stream # 259-22-10030-2013-3003) flowing off the near mountain slope. The site is approximately 31 acres and slopes moderately steeply towards an un -named tributary of Salome creek. The toe of the slope has been cut by this tributary several times over the past centuries. A total of 7 test pits were completed at on the fan deposit. By digging at the toe of the cut slopes, cross sections of up to 26 ft were completed. Typical overburden cover was minimal and ranged from 1.0-1.5 ft of mixed organics and ash. The material in the fan consisted of generally homogenous shale type gravel with minimal fines. Particles were generally angular to subangular and showed minimal evidence of reworking. As expected of an alluvial deposit, the gravel become coarser and contained higher cobble Page 2 of 6 Case No. 17-012 Application Package Resolution No. FY2017-27 Approving The Disposal Of At 35 Ac... Page 69 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 5 +�' N I, Rowland Engineering Consultants 591 wc, Awe Aunv -PAS... A1.699645 907.716.3630 .907.355.500641-.ma@mmd4..�n content near the upper reaches. Groundwater was not encountered to the depth of excavation in any of the seven test pits. No base to the gravel deposit was encountered in any hole and the site is considered open at depth. Based on the shallow test pitting completed to dale, RECON can roughly estimate that the site contains between 600,000 and 900,000 yd3 of available gravel. Follow up drilling to determine bedrock contours could potentially increase this estimate by a substantial amount. It is RECON's opinion that Site #2 readily tends itself to development. The site would require minimal organic stripping and could be mined using conventional equipment at a relatively low cost per unit of material extracted. Material Resource Site #3 Site #3 is located in an old alluvial flood plain of Salonie Creek located approximately 1.2 mi south the rifle range. Site #3 is roughly rectangular in shape and measures approximately 2200 ft x 700 ft and encompasses approximately 36 acres. The area was found to be nearly entirely blanketed by a heavy layer of volcanic ash, indicating that it had not been part of the active flood plain since prior to the 1912 Katmai eruption. One cut bank was logged on the edge of the Site #3, and two test pits were completed. Gravel was found at depths of between 3.0 and 5.5 ft. Gravels were generally subrounded and appeared visually very similar to material currently mined in the Bell Flats area of Russian Creek. As expected the gravels in area became courser at depth and as testing progressed upstream. Overburden was also generally less near the upstream limits. Due to its location it is expected that the water table will be relatively shallow throughout this area, although groundwater was not encountered in the test pits excavated to a depth of 15 feet. Page 3 of 6 Case No. 17-012 Application Package Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 70 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P a Z REGULAR MEETING: NOVEMBER 30, 2016 , RECON , Rowland Engineering Comu/tana 161w,A�kA.,-P.I n.ALu699695 - 907196.7630 907.3553006,d1 • p ,94=lkc Mining in this area be very similar to the methodologies currently used successfully at the existing Hell Flat's gravel pit. This would consist of a combination of truck and shovel for above the water table, and dragline or hydraulic excavator for mining below the water table. Although RECON was unable to determine the bottom of the deposit with relatively shallow test pits, the deposits location near the center of the valley suggest good depth potential. Assuming a conservative average recoverable depth of 21 feet this area has potential to hold greater than 1,000,000 yd' of gravel. LAB RESULTS A total of 8 samples were taken from the test pits. Each sample consisted of approximately 70-75 lbs of gravel. Samples were delivered to the EMC Engineering laboratory in Palmer, AK. For initial testing, composites were created from SCTP05-08 (Site #2) and SCTP09-10 (Site #3). The following tests were requested to determine preliminary indication of suitability for use in asphalt and concrete: • Panicle Size Analysis —ASTM D422 • Aggregate Durability Index - ASTM D3744 • Specific Gravity of Coarse Aggregate - ASTM C127 • Los Angeles Abrasion for Coarse Aggregate - ASTM C535 Lab results for these tests are attached. Generally, the results appear to be relatively good for the Kodiak area, AKDOT specifies LA Abrasion results of <45% for use as asphalt top coat or concrete and both samples easily meet this spec at 26% (Site #2) and 27% (Site #3). Page 4 of 6 Case No. 17-012 Application Package Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 71 of 141 AGENDA ITEM #13.6.1. PUBLIC HEARING ITEM 7-E P 82 REGULAR MEETING: NOVEMBER 30, 2016 Ronland£ngineering Consulaner 481 W.,A�n¢A....• F.I., Alk. 99645 907.746.3630 -907.3553006 dl • ,�..eQRmdl-mi The Aggregate Durability test is a relative scale intended to show overall quality of a sample. The samples both tested good, with the gravel from Site #3 being slightly better than the samples taken from Site #2. Although the testing was limited to only two composite samples, RECON feels these are very positive results and would recommend that more detailed testing be completed to insure that the aggregate meets the full specifications for asphalt and concrete. DEVELOPMENT On initial examination, the development potential for the Salome Creek gravel deposits appears to be quite good. All gravel deposits discovered by RECON was located on borough owned land which is not currently set aside for any specific use. The area is several miles from the nearest residential development and an existing road extends the majority of the way to the site. One significant advantage to the Salonie material deposits is the presence of large, flat areas that may be used for the installation of crushing/screening plants, concrete batch plants, or laydown yards. This is in contrast to the existing concrete aggregate source at Bell Flats, which is tightly confined by terrain features. Further development of any of the sites identified by RECON would include improvements to the existing gravel road to the rifle range, as well as construction of a new road from the rifle range to potential material sites. Based an RECON's limited reconnaissance and test pitting of the area, no significant obstacles to road construction were noted. A ready source of construction gravel for these roads could be obtained from Site #2. Stream crossings include two intermittent tributaries of Salonic creek, both of which would require culvert installation. CONCLUSION Based on the results of the initial limited reconnaissance and testing program, the Salonie Creek drainage appears to have a large quantity of accessible gravel. Page 5 of 6 Case No. 17-012 Application Package Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 72 of 141 AGENDA ITEM #13.6,1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 4 BEGAN � Rowland Engineering Consultants 481 W.Am,A.q F.Im AW.99645 907.7463630.907355J006,m- s.Qr, k. Site #1 will require additional exploration before a final conclusion, but is likely to be a lower quality gravel deposit. • Site #2 is of particular interest due to its accessibility, lower water table, and ease of mining. RECON concentrated the majority of test holes in this area and found shallow overburden, good drainage, and clean gravel at all test locations. • Site #3 will require some additional development and road construction, but may contain a slightly higher quality (more durable) gravel resource of considerable volume. RECON recommends that Kodiak Island Borough include the Salonie gravel deposits as part of its long range plan for material supply on the island. This may include the following: 1. Zoning the area for industriallcommercial use. 2. Completing additional testing and exploration of the deposits. 3. Contacting potential developers to determine interest level. 4. Subdividing the area for sale and/or lease. Development of an appropriate access road may be completed by KIB or completed as a condition of use for any developer. RECON appreciates the opportunity to work with the Kodiak Island Borough on this project. For any questions, please contact Isaac Rowland at (907) 322-5545 or isaae@reconllc.net Sincerely, Isaac Rowland Mining Engineer Case No. 17-012 Application Package Page 6 of 6 Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 73 of 141 AGENDA ITEM #13.6.1. Resolution No. FY2017-27 Approving The Disposal OfA± 35 Ac... Page 75 of 141 .'y� � N d N N Ci N N R F N N a m of z 9 Resolution No. FY2017-27 Approving The Disposal OfA± 35 Ac... Page 75 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 ENG INEER INGLUC December 1, 2010 Recon, LLC Attention: Steve R. Rowland, PE 481 West Arctic Avenue Palmer, Alaska 99645 Project: Aggregate Quality Testing Dear. Mr. Rowland EMC Engineering, LLC has completed the following testing on the aggregate samples that were delivered to us on November 18, 2010. The required tests were performed according to ASTM D3744 'Aggregate Durability Inder," ASTM C127 "Specific Gravity of Coarse Aggregate," and ASTM C535 "Los Angeles Abrasion ajAggregate." Teat Method SCTF05-08 SCFP09-10 ASTM D3744 Durability Index=46 Durability Index --59 Aggregate Durability Index Gsb- 2.685 Gsb= 2.695 ASTM C127 Specific SSD=2.708 SSD=2.711 Gravity of Coarse Aggregate Gsa-2.747 Gsa-2.739 Absorpdoa-0.8% Absarpdoa=0.6: ASTM C131 Percentage Loss = 27 Los Angeles Abrasion (Method A) ASTM C535 Percentage Loss = 26 Las Angeles Abrasion (Method 3) If you have any questions regarding the test methods or the results, do not hesitate to contact me. Sincerely, EMC Engineering, LLC Chris Christensen, P.E. Laboratory Manager Office (907) 631-6047 Cell (907) 982-0676 Email chris(a-cmcalaska.com 5860 E. Updraft Rd. Palmer, AK 99645 P:(907) 631-6047 F:(907) 631-6048 Case ND. 17-012 Application Package Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 76 of 141 AGENDA ITEM #13.8.1. wm �s N W O rm U w 2 m E ¢C¢ W> �O Uz a o 7 j� a W aw = yn � TY� � � xxxXXx,xtxxxe.xa "ed rraNS�A e�mF FeT v"e '�sB _ C U b a C G' z z U yy e Fm =inn m51 a �p G^� 3 0 m m a t o u � d � a a 0ppI yjg$ q0Gp pp O yyA Ayy r U) Off` v 0 Y Y - y a L S y � v W.2!,oLS 1 _ v J Z O a'pEp•9 8 R m � 8 c1 8 IgBpM 6q Eupnd luawad WF e U f O Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 77 of 141 AGENDA ITEM #13.8.1. W O �s w N W p F- n Z m K i Q W UZ 0 0 0 0 -g 9 S O wJ ggg g x Y QX NX �i' XX bd: �_ x L�XxXXXX< tuu •u •g a. ] O m f� V N T n N - - N O n N- N � v e aCi9 x104 ai Z° 21Zx�.'E ��.. =Anr. .e nny �$mjci N p a rD °Cnn OGCC x m o � n n G yy y YlA, o w Z oER_ Ny6LL � V lj y�gy m a a W � z o ° _ Ir W a. E 8& S R 9& N ° 14112M 64 3UISS d luauoa u7 Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 78 of 141 0 0 0 0 Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 78 of 141 October 7, 2016 Golden Alaska Excavating PO Box 8908 Kodiak, AK 99615 AGENDA ITEM #13.6.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING'. NOVEMBER 30, 2016 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 17-012. Request a Title 18 Land Disposal review to consider disposal of a t 35 acre portion of the Remainder of Lot I, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (KIBCI8.20, 18.40, and 18.60). Dear Sir or Madam: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their November 30, 2016 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatary but recommended. On Wednesday, November 9, 2016 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, .n^� l Qb Sheila Smith, Secretary Community Development Department CC: Paul Van Dyke Case No. 17-012 Public Comment Package Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 79 of 141 PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: NOVEMBER 30, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us A public hearing will be held on Wednesday, November 30, 2016. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 17-012 APPLICANT: Golden Alaska Excavating REQUEST: A Title 18 Land Disposal review to consider disposal of a ± 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (KIBC18.20, 18.40, and 18.60). LOCATION: Approximately % mile south of Salonie Creek shooting range. ZONING: C -Conservation This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, Tuesday, November 1, 2016 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmith(akodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486- 3231. The toll free telephone number is 1-855-492.9202. On Wednesday, November 9, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Case No. 17-012 Public Comment Package Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 80 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING. NOVEMBER 30, 2016 Case 17-012 Request a Title 18 Land Disposal review to Location consider disposal of a ± 35 acre portion of Approximately % mile south the Remainder of Lot 1, U.S. Survey 2539 of salonie Creek shooting range. by lease at fair market value for the purposes Applicant Golden Alaska Excavating of resource extraction and stockpiling (KIBC18.20, 18.40, and 18.60). nap:1w kWiahakuYgia (807)4868337 0 Noli lcatlon Area OSubject Parcel Q Parcels Case No. 17-012 Public Comment Package ACC4a\ Roa4a Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 81 of 141 Public Hearing Notice Feet 0 3,600 7,200 14 400 i nap:1w kWiahakuYgia (807)4868337 0 Noli lcatlon Area OSubject Parcel Q Parcels Case No. 17-012 Public Comment Package ACC4a\ Roa4a Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 81 of 141 AGENDA ITEM #13.6.1. LY b y N J Vl b O P N N O N N VI O Ol VI ti N N Y1 N^ N b Ill Ill Ill Ill N N W m Q b m P N m. 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Page 82 of 141 AGENDA ITEM #13.8.1. 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Q! Q Y J Y J. U 0 W Z CW J p O Q O Y Y Y Y J J J C Z Z Z Z O 6 6 m 0 N C 0 O m w z in p m e i =_¢ Z a z o z o a u ° u °m x 3 o G? u a x w Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 83 of 141 AGENDA ITEM #13.6.1. W � m na N m � N YI W N V1 N m m Y1 N N N N N N � N f � lO b IO l0 10 10 N lO ID IO b t0 b b O a m m n m m m m m m m m m m m m m iw m Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y u�> xo U Z 0 p p � aw w ¢ a Y Y p Y Y Y Y Y Y Y Y Y Y Y Y a s a x a a a a a a a a a a a w m 0 0 0 z 0 0 0 0 0 0 0 0 0 0 0 N b a ¢ 0 0 r N W Q K 3 0 umi N U e 0 p c � a p � w W j Z u � Z ¢ O O c ¢ O ryS Q n Q O O UO w U m m m m m 0 0 m 0 m m O O a m ."'-� a m pa i s .`�-� a m a r a D c a W O < u p aa p 2 p z¢ a Z e ¢ p W 3 0 0 Z a a z �, a s x 0 0 0 t 5�>> 3 3 3 3 3 3 3 6 O OW < m w e y u z a U C U¢ z ej u u i o LL s i Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 84 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING'. NOVEMBER 30,2a16 Sheila Smith From: Porter, Chandler 1 (DNR) <chandler.porter@alaska.gov> Sent: Friday, October 21, 2016 9:34 AM To: Sheila Smith Cc: McDonald, Jusdi R (DNR) Subject: Public Hearing Notice 17-012 Golden Alaska Excavating US Survey 2539 Good Afternoon, Thank you for the opportunity to comment on the public hearing notice for a land disposal review of a portion of lot 1, US survey 2539. The State of Alaska, Department of Natural Resources (DNR), Division of Mining, Land and Water (DMLW), Southcentral Region Office (SCRO) requests for the applicant(s) to contact SCRO regarding the resource extraction activity. Alaska Statute 27.19 requires miners to submit a Reclamation Plan to the State of Alaska regardless of land status. A non -state land reclamation plan approval is required by the State for this activity. All questions can be directed to Chandler Porter with contact information below. Thank you for your time, Chandler Porter Natural Resource Specialist II (907) 269-8560 Department of Natural Resources Division of Mining, Land & Water -Land Office 550 West 7th Avenue Suite 900c Anchorage, AK 99501 Case No. 17-012 Public Comment Package Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 85 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P 6 Z REGULAR MEETING: NOVEMBER 30, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Ba Road, Kodiak, Alaska 99615 (907) 486-9363 wwwAodiakak.us A public hearing will be held on Wednesday, November 30, 2016. The meeting will begin at 6:30 p.m. In the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments If any, on the following request CASE: 17-012 APPLICANT: Golden Alaska Excavating REQUEST: ATitle 18 Land Disposal review to consider disposal of a±35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (KIBC18.20, 18.40, and 18.60). LOCATION: Approximately h mile south of Salonie Creek shooting range. ZONING: C -Conservation This notice is being sent to you because our records indicate you are a property ownerhnterested party in the area of the request. If you do not wish to lestify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 nm Tuesday November 1. 2016 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486.9396, or you may small your comments to ssmith(dikodiakak.us. If you would like to tastily via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call-in telephone number Is 486- 3231. The toll free telephone number Is 1-855-492-9202. On Wednesday, November B, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Bomugh Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights K you disagree with the Commission's decision on this request. If you have any quesllons about the request or your appeal rights, please feel free to rag us at 486-9363. Your Name: G / 15-, — Nailing Adams: Your property description - comments; �� /.. /1S/. 1rt.N-✓Bri..d/art Cr�ar Case No. 17-012 Public Comment Package Resolution No. FY2017-27 Approving The Disposal Of A± 35 Ac... Page 86 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING, NOVEMBER 30, 2016 rechanm_ .0000 Construction, LLC Alaska Business License k 1016083 Alaska Contractor License N 39993 907486-3215 Kodiak Island Borough Nov 1, 2016 710 Mill Bay Road Kodiak, AK 99615 Attn: Community Development Department Re: Case 17-012 Dear Commissioners, In response to the Public Hearing Notice on the above described case, we offer the following comment. Let me begin by saying that we fully understand the necessity of resource extraction, we do NOT object to the use of our resources. It is admirable that the Borough recognizes the much needed issue of gravel extraction, but in this case, it appears to be a "piece -meal" approach. A single entity to lease a gravel pit in the middle of a Conservation Zoned area creates potential future conflicts. We would suggest that a much larger area be chosen and designated as a gravel material source. With that; the proper zoning, development plan, reclamation plan, performance bonds and all of the operational issues could be resolved before anyone is allowed to begin the undertaking that is currently being proposed. A good model for this approach is the "B Tracts" in Bells Flats. These leases are still in operation and the Borough had clearly outlined the development, before the leases were ever issued. Unfortunately, in this case, the zoning that allowed residential encroachment too near the extraction area has created a conflict situation. Gravel pits and residential areas don't mix very well. We would hope that the development of a gravel extraction area becomes a reality and we would also hope that serious consideration be given to a much broader perspective. Sincerely James Graham President 2705 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-3215 C:\Usersyimgraham\Documents\Brechan\Brechan\2015\3rechan Construction Letterhead, 2015.doex Case No. 17-012 Public Comment Package Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 87 of 141 AGENDA ITEM #13.8.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: NOVEMBER 30, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486.9363 www.kodiakak.us A public hearing will be held on Wednesday, November 30, 2016. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the fallowing request: CASE: 17-012 APPLICANT: Golden Alaska Excavating REQUEST: A Tdle 18 Land Disposal review to consider disposal of a t 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (KIBC18.20, 18.40, and 18.60). LOCATION: Approximately ''%mile south of Salonie Creek shooting range. ZONING: C -Conservation This notice Is being sent to you because our records Indicate you are a property ownerrinterested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or In a letter to the Community Development Department. Written comments must be received by 5 pm. Tuesday. November 1. 2016 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmilliftodiakak.us. If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call-in telephone number Is 486- 3231. The toll free telephone number Is 1.856-492-9202. On Wednesday, November 9, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. r7 I Your Name: GLP11-I CL4 2 i Malrlin�9Address: (?013ff77 01 h6 21 Your property descriptlan: �i �1 v-G1"T ek Q.•"`� Comments: T li ,`C i f Rr%Otic) V S•P eck PJvv- y't-S00% c.P 5. Case No. 17-012 Public Comment Package Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 88 of 141 AGENDA ITEM #13.6.1. Draft November 30, 2016 Planning and Zoning Commission Meeting Minutes Applicable to Case No. 17-012 public hearing: Com\APPROVAL n discussion CONS OF APPROVAL1. Teli inary approval shall supersede and void the previous prelimi approval gfor replat of Cliff Point Estates Subdivision on December 16, 15 (Case No. S).2. Ad access nd utility easements shall be identified as pri a road and utility ents and mu comply with the prov Bions of KIBC 16.40.0 (Private Roads). Ail cnts required by BC 16.40.080 shall be depicted on the F' I Plat. 3. PFinal Plat approv the roadways and fire apparatus arounds providing access t4 and 6thru 11 sh I be constructed. Constructi must meet the standards of Cr 16.80 KIBC (Standar for road improvements) d the fire apparatus access road requirements of the adopted fire e. 4. The Final Plat shall depict 20' a utility ea identified on the Preliminary Plat mark for Case 5. Plat note No. 4 shall be revised to read fo district will be formed to provide road main an road and utility easements are dedicate as r constructed to Borough local roadway ndards. 6. A scale bar shall be depicted on eac age of the 7. The subdividers name and addre shall be depi 16.40.040.D). Rents centered on the property lines r. S17-004. on the Final Plat: "No Borough service and related services unless the private c road right-of-way and the roads are Plat (KIBC 16.40.040.A). Q each page of the Final Plat (KIBC FINDINGS OF FACT 1. This plat meets the mi ' um data and design requirements \ou .40 (Preliminary Plat) of the Borough de. 2. This plat meets u equirements of Title 17 (Zoning) of the Bo 3. This plat vacat and reestablishes easements that satisfy rerequests and the requirement Title 16 (Subdivisions) of the Borough code. 4. This plat vides a subdivision of land that is consistent wid ugh plans and dey opment trends for this area. 5. The opted conditions of approval will assist in ensuring l Plat m is the st dards of Titles 16 (Subdivision) and 17 (Zoning) of the Bo CALL VOTE ON MOTION CARRIED 5-0. E. CASE 17-012. Request aTitle 18 Land Disposal review to consider disposal of a ± 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (KIBC18.20, 18.40, and 18.60). The applicant is Golden Alaska Excavating. The location is approximately % mile south of Salonie Creek shooting range and the zoning is C -Conservation. COMMISSIONER PAINTER MOVED to adopt Planning and Zoning Commission Resolution No. FY2017-12, recommending disposal of a ± 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (Chapters 18.20, 18.40, and 18.60 KIBC) and to adopt the findings of fact listed in the supplemental staff report dated November 16, 2016 and entered into the record for this case as "Findings of Fact" for Case No. 17-012. Jack Maker gave a staff report stating studies performed on behalf of the borough show that the site contains a substantial amount of minable gravel that can be extracted. The site and surrounding_ area is not developed and has served as open space. There are no olans to Kodiak Island Borough Planning & Zoning Commission Minutes November 30, 2016 Page 5 Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 89 of 141 AGENDA ITEM #13.8.1. develop the property for public uses. The disposal is consistent with gravel resource guidance and various goals,policies, and implementation actions in the Comp Plan. Staff recommends the commission make a positive recommendation to the assembly for this disposal. Since receipt of this application, two other parties have expressed an interest in the site. Due to that, staff has provided a supplemental staff report with a recommendation and motion and draft resolution. The recommendation and motion are general in nature. The motion and resolution does not specify who the site will be leased to and it allows for the assembly to provide direction on disposing of the site by direct negotiation of lease with the applicant or through a competitive bid process, should the disposal be approved. Open public hearing: Duane Dvorak, Resource Management Officer, spoke in support of the request. Craig DeHart spoke in support of gravel extraction, opposed to it going sole sourced, and opposed to borough employee being the agent. Rick Ryser spoke in support of the request. Close public hearing: Commission discussion. CHAIR ARNDT called a five minutes recess at 8:15 p.m. CHAIR ARNDT reconvened the meeting at 8:20 p.m. COMMISSIONER SCHMITT MOVED to amend Kodiak Island Borough Planning and Zoning Commission Resolution FY2017-12 by striking the words "subject to the stipulations listed in Section 3" from Section 2 and by striking all of Section 3. FINDINGS OF FACT 1. The proposed site is surplus to the public's need and, as such, is suitable for disposal by the Borough. 2. Engineering studies indicate that the disposal site contains substantial quantities of gravel, which is an essential resource for the Borough. 3. This disposal will further ensure an adequate on -island supply of gravel is available for future development within the Borough. 4. This disposal is consistent with gravel resource guidance and various goals, policies and implementation actions listed in the adopted Comprehensive Plan. 5. The site is well suited for disposal by lease at fair market value for the purposes of resource extraction and stockpiling. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5.0. ROLL CALL VOTE ON MOTION AS AMENDED COMMISSIONERS BALDWIN, ALTENHOF, PAINTER, COMMISSIONER ARNDT. None NEW BUSINESS None COMMUNfC TIONS Kodiak Island Borough November 30, 2016 CARRIED 4-1. The ayes were and SCHMITT. The noe was Planning & Zoning Commission Minutes Page 6 Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 90 of 141 December 6, 2016 Golden Alaska Excavating PO Box 8908 Kodiak, AK 99615 AGENDA ITEM #13.6.1. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 17-012. Request a Title 18 Land Disposal review to consider disposal of a t 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling (KIBC18.20, 18.40, and 18.60). Dear Mr. Ryser: The Kodiak Island Borough Planning & Zoning Commission at their November 30, 2016 regular meeting determined the property is surplus to the borough's needs and granted approval by resolution with a recommendation to the Assembly. The following Findings of Fact were adopted in support of their decision: 1. The proposed site is surplus to the public's need and, as such, Is suitable for disposal by the Borough. 2. Engineering studies indicate that the disposal site contains substantial quantities of gravel, which is an essential resource for the Borough. 3. This disposal will further ensure an adequate on -Island supply of gravel Is available for future development within the Borough. 4. This disposal is consistent with gravel resource guidance and various goals, policies and Implementation actions listed in the adopted Comprehensive Plan. 5. The site is well suited for disposal by lease at fair market value for the purposes of resource extraction and stockpiling. The commission's resolution, recommendation, and other packet materials will be forwarded to the Assembly. Please contact the Clerk's Office at 486-9310 for information on when this item will be scheduled to be heard by the Assembly. Sin j Sara Mason, Director Community Development Dept. CC: Paul Van Dyke Nova Javier, Borough Clerk Planning and Zoning Commission Resolution No. FY2017-27 Approving The Disposal Of A t 35 Ac... Page 91 of 141 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 AGENDA ITEM #13.6.1. Introduced by: CDD / RIAO Requested by: GAE, LLC Drafted by. CDD Introduced: 11/302016 Public Hearing: 11/302016 Adopted: 11/3012016 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY2017-12 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING DISPOSAL OF A* 35 ACRE PORTION OF THE REMAINDER OF LOT 1, U.S. SURVEY 2539 BY LEASE AT FAIR MARKET VALUE FOR THE PURPOSES OF RESOURCE EXTRACTION AND STOCKPILING (P & Z CASE NO. 17- 012) WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.060 allows citizens to apply for a disposal of interest in Borough land; and WHEREAS, the Kodiak Island Borough received a request from Golden Alaska Excavating, LCC for the disposal of a t 35 acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for the purposes of resource extraction and stockpiling; and WHEREAS, since receiving the request, two additional parties have expressed an interest in the proposed disposal site; and WHEREAS, KIBC 18.20.030 requires each proposed disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation to the Assembly by resolution regarding the proposed land disposal; and WHEREAS, the principal purpose of the Commission review is to consider if the land Identified Is surplus to the Borough's need; and WHEREAS, the Planning & Zoning Commission has found that the identified portion of the subject parcel identified for disposal is surplus to the public's need based on its review; and WHEREAS, the Planning & Zoning Commission held a public hearing on November 30, 2016 to consider this land disposal request. NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THAT: Section 1; The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, has determined, after a public hearing on November 30, 2016, that the t 35 acre portion of the Kodiak Island Borough, Alaska Resolution No. FY2017-12 Page 1 of 2 Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 92 of 141 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 AGENDA ITEM #13.6.1. Remainder of Lot 1, U.S. Survey 2539, generally Identified in Exhibit A, is hereby surplus to the public's need. Section 2: The Kodiak Island Borough Planning & Zoning Commission, In accordance with Title 18 of the Kodiak Island Borough Code, recommends disposal of the aforementioned property by lease at fair market value for the purposes of resource extraction and stockpiling. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS . DAY OF- lo,/evnYvo 2016 ATTEST: n 5hei9D Sheila Smith, CDD Secretary Kodiak Island Borough, Alaska PLANNING AND ZONING COMMISSION Scott Arndt, Chair Resolution No. FY2017-12 Page 2 of 2 Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Ac... Page 93 of 141 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 19. 2017 t ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2017-25 Amending Kodiak Island Borough Code Subsection 2.30.070(K) Privileged Motions To Provide A Special Parliamentary Rule Allowing The Assembly, By Majority Vote, To Postpone An Action Item Beyond The Meeting Limitation Set Out In Roberts Rules. ORIGINATOR: Angela MacKenzie FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: The Kodiak Island Borough has adopted Roberts Rules of Order (RRO) as its parliamentary authority. According to RRO, a motion may not be postponed beyond the next regular meeting. There are times when it is in the best interest of the Assembly to postpone an action for several meetings or months in order to gather additional information or to request further research on the part of the administration so that an informed decision can be made. At other times, the Assembly may wish to wait for action on the part of other boards, governing bodies, or the State Legislature before acting on an item that is before the Assembly, as their actions may affect the Borough's stance. The ordinance before you seeks to enact a special parliamentary rule allowing the Assembly, by majority vote, to postpone an action item beyond the one meeting limitation set out in RRO. This will allow the Assembly to continue its past practice of postponing beyond the next meeting without violating its adopted parliamentary rules and procedures. Your consideration of this ordinance is greatly appreciated. PURPOSE, ACTION, OR RECOMMENDED MOTION: Move to adopt Ordinance No. FY2017-25 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2017-25 Amending Kodiak Island Borough Code ... Page 94 of 141 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 1)1) 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 W, 41 42 43 AGENDA ITEM #13.C.1. Introduced by: Mayor Rohrer Drafted by: Borough Clerk Introduced on: 01/19/2017 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-25 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE SUBSECTION 2.30.070(K) PRIVILEGED MOTIONS TO PROVIDE A SPECIAL PARLIAMENTARY RULE ALLOWING THE ASSEMBLY, BY MAJORITY VOTE, TO POSTPONE AN ACTION ITEM BEYOND THE MEETING LIMITATION SET OUT IN ROBERTS RULES WHEREAS, Kodiak Island Borough Code Section 2.30.020D states that the Kodiak Island Borough Assembly proceedings are governed by "Robert's Rules of Order (RRO), Current Edition;" and WHEREAS, RRO does not provide for agenda items to be postponed beyond the next regular meeting, unless provisions are established in the municipal code; and WHEREAS, there have been occasions when additional time for debate or gathering of information on an agenda item has been needed; and WHEREAS, allowing an agenda item to be postponed beyond the next regular meeting would benefit the Assembly, administration, and members of the public; and WHEREAS, it is in the best interest of the Assembly to establish a rule allowing agenda items to be postponed beyond the next regular meeting; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That section 2.30.070K of the Kodiak Island Borough Code of Ordinances is amended to read as follows: K. Privileged Motions. When a question is under debate, no motion shall be made except for the following privileged motions which shall have precedence: 1. To adjourn;' 2. To recess;` Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2017-25 Page 1 of 3 Version 1 Ordinance No. FY2017-25 Amending Kodiak Island Borough Code ... Page 95 of 141 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 W 67 68 69 70 71 72 73 74 75 76 77 78 79 80 AGENDA ITEM #13.C.1. 3. To raise a question of privilege;' 4. To call for the order of the day, or the regular order;' 5. To lay on the table;' 6. For the previous question;' , 7. To limit or extend limits of debate;' 8. To postpone to a certain time; 9. To refer; 10. To amend; 11. To postpone indefinitely. Note: ' Not debatable. When one of the above motions has been made, none of the others inferior to it in the order in which they stand above shall be made and, in proceeding to vote, motions pending shall be put in the order of their rank as above arranged. The first seven are not subject to debate. A motion to postpone to a certain time, refer, amend, or to postpone indefinitely may be amended. The motion to postpone to a certain time is the motion by which action on a pending question or agenda item can be deferred beyond the next meeting to a definite day, meeting or hour, or until after a certain event;. T -the previous question may be demanded before an amendment, which motion shall be decided without debate. A motion to adjourn shall always be in order; provided, that business of a nature to be recorded in the journal has been defeated. No motion or proposition of a subject different to that under consideration shall be admitted under cover of an amendment. When a matter has been especially assigned to be taken up at a fixed time, or at a certain stage of proceedings, such matter shall, at the appointed time, or at any time subsequent thereto, be in order upon the call of any member and take precedence over all other business. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF . 201X. KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Deletion - Red, Strikeout Insertion - Bold, Blue, Underlined ATTEST: Ordinance No. FY2017-25 Page 2 of 3 Version 1 Ordinance No. FY2017-25 Amending Kodiak Island Borough Code ... Page 96 of 141 AGENDA ITEM #13.C.1. 81 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 82 83 VOTES: 84 Ayes: 85 Noes: Kodiak Island Borough, Alaska Ordinance No. FY2017-25 Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY2017-25 Amending Kodiak Island Borough Code ... Page 97 of 141 AGENDA ITEM W.C. I. Introduced By: Murphy Date: June 10, 2015 Public Hearing: June 24, 2015 Action: Enacted Vole: 5 Yes, 0 No, 1 Absent CITY OF SOLDOTNA ORDINANCE 2015-025 AN ORDINANCE ENACTING SOLDOTNA MUNICIPAL CODE 2.04.025 CITY COUNCIL — EXCEPTIONS TO THE RULES OF PROCEDURES WHEREAS, the Soldotna City Council adopted rules of procedure are "Robert's Rules of Order, Newly Revised" (RRO); and WHEREAS, RRO does not provide for agenda items to be postponed beyond the next regular meeting, unless provisions are established in the municipal code; and WHEREAS, there have been occasions when additional time for debate or gathering of information on an agenda item has been needed; and WHEREAS, allowing an agenda item to be postponed beyond the next regular meeting would benefit the council, administration and members of the public; and WHEREAS, it is in the best interest of the city council to establish a rule allowing agenda items to be postponed beyond the next regular meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOLDOTNA, ALASKA: Section 1. That SMC 2.04.025 City Council — Exceptions to the Rules of Procedure is enacted as follows: 2.04.025 — Exception to the Rules of Procedures The motion "to postpone to a certain time" is the motion by which action on a pending question or agenda item can be deferred beyond the next meeting to a definite day, meeting or hour, or until after a certain event. Section 2. This ordinance shall become effective immediately upon its enactment. ENACTED BY THE CITY COUNCIL THIS 24TH DAY OF JUNE, 2015. ATTEST: Michelle M. Saner, CMC, City Clerk Ayes: Baxter, Whitney, Bos, Sprague, Murphy Noes: None Absent: Daniels Page 1 of 1 Nels Anderson, Mayor [DELETED TEXT], New Text 15ORD025 Ordinance No. FY2017-25 Amending Kodiak Island Borough Code ... Page 98 of 141 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT G JANUARY 19, 2017 .� ASSEMBLY REGULAR MEETING W TITLE: Confirmation Of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. ORIGINATOR: Angela MacKenzie FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: The Cook Inlet Regional Citizens Advisory Council (CIRCAC) is a council formed in late 1990 as a non-profit corporation. Its mission is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet. It consists of special interest groups and municipality seats which includes the Kodiak Island Borough. The Clerk's Office has advertised for this seat and have received two letters of interest from Richard Smith, PE on Wednesday, December 28 and Assembly member Crow on Friday, December 30. On November 28, 2016 Assembly member Crow was appointed to fill the seat for a term to expire March 2017. In 2014, Mr. Scott Smiley was appointed to fill an unexpired term on the CIRCAC to expire 2017. He tendered his resignation to Mr. Mike Munger, CIRCAC Executive Director. Mr. Munger reached out to Assembly member Crow to fill the seat in the interim. PURPOSE, ACTION, OR RECOMMENDED MOTION: Move to confirm the mayoral appointment of Mr.(insert name) to the Cook Inlet Regional Citizens Advisory Council for a three year term to expire March 2020. Kodiak Island Borough Confirmation Of A Mayoral Appointment to the Cook Inlet Regi... Page 99 of 141 AGENDA ITEM #13.D.1. HerringbayPE, LLC RICHARD H. SMITH, PE Consulting Civil Engineer 907. 617.1121 3960 Spruce Cape Road Kodiak Alaska 99615 lierringbaype@gmail.com gmail.com herringbaype.com January 1, 2017 Nova Javier, Kodiak Borough Clerk 710 Mill Bay Road Kodiak, AK 99615 RE: CIRCAC Volunteer I am respectfully applying to serve as a member of this important Council. My professional credentials pertinent to this position are summarized below and of course can be embellished upon if required. Alaska resident since 1978, beginning as the first City Engineer in Sitka. Residing in Sitka, Ketchikan, Valdez, and Kodiak. Education: BS in Business Administration, MA in Biological Studies Experience related to fisheries: o Authored paper on the effects of certain compounds on salmonids o As the Sitka Engineer, contracted with Alaska F&G to conduct a "letter in a bottle" survey to research the inter -tidal surface flow from the Silver Bay rayon pulp mill industrial wastewater discharge o Designed a hatchery expansion at Sheldon Jackson College Sitka, which is still active o Co-authored "Sound Waste Management Plan -- Restoration Project 95115' for Prince William Sound Economic Development Council after the Exxon Valdez disaster o While on contract employment with Alaska Airlines, researched effects of de-icing glycol on salmon streams adjacent to rural runways o Assisted with Phase I Environmental Survey of fish processing facility in Kodiak o On -Site review of discharge and operational compliance at processing facilities in Kodiak o Construction Inspection of the new Silver Bay Seafoods processing facility in Valdez Community and federal loyalty: o Served four years on the City & Borough of Sitka Assembly 0 2004 -present, Employer Support of the Guard and Reserve (ESGR), Alaska Ombudsman Director, providing mediation services between returning service members and employers on issues of hire and re -hire o Proudly served four years active duty in the USCG ---which activated my Civil Engineering career Very truly yours, Richard H. Smith, PE (CE4686) Confirmation Of A Mayoral Appointment to the Cook Inlet Regi... Page 100 of 141 AGENDA ITEM #13.D. I. Angela MacKenzie Subject: FW: Appointment to the 2020 Seat by January 24, 2017 From: Kyle Crow fmailto:kvlecrowCulvahoo.coml Sent: Friday, December 30, 2016 10:15 AM To: 'Nova Javier' Cc: 'Jerry Rombach'; Daniel Rohrer Subject: RE: Appointment to the 2020 Seat by January 24, 2017 Nova, Please consider this e-mail my letter of interest in continuing to serve for the next two years, as the Kodiak Island Borough representative on the Cook Inlet Citizens Advisory Council. Let me know if you need anything more than this. Sincerely Kyle Crow 4010 W Rezanof or Kodiak, AK 99615 (907)738-9283 From: Nova Javier rmailto:niavier(@kodiakak.usl Sent: Monday, December 19, 2016 12:06 PM To: Rohrer Dan (personal); kvlecrowCa)vahoo.com: Kyle Crow (kvle.croviftibassembly.ora) Cc: Jerry Rombach Subject: RE: Appointment to the 2020 Seat by January 24, 2017 Correction: Term to expire March 2020. Thank you, Nova Ms. Nova M. Javier, MMC Kodiak Island Borough Clerk AAMC President 710 Mill Bay Road Kodiak, AK 99615 Phone: (907) 486-9310 PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Nova Javier Sent: Monday, December 19, 2016 12:02 PM To: Rohrer Dan (personal); kvlecrow(&vahoo.com; Kyle Crow (kvle.croviftibassemblv.orq) Confirmation Of A Mayoral Appointment to the Cook Inlet Regi... Page 101 of 141 AGENDA ITEM #13.D.1. Cc: 'Jerry Rombach' Subject: Appointment to the 2019 Seat by January 24, 2017 Hello Dan and Kyle, We have received the attached letter from Jerry. I will be advertising the ad below on the Kodiak Daily Mirror, on the Borough website, and Facebook with an application deadline date of January 6, 2017. We will be scheduling an appointment to the seat on January 19. Hi Kyle, If we don't get any interested applicants, would you like to serve for the three year term to expire 2020? Advertising that will go out below: The Kodiak Island Borough is seeking a volunteer to the Cook Inlet Regional Citizens Advisory Council (CIRCAC) who will serve a two year term to expire March 2019. The council's mission is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and oil facility operations in Cook Inlet. Qualifications: Must be a resident of the State of Alaska. The volunteer is expected to bring to the table a wealth of local knowledge, experience, and expertise that will contribute greatly to protecting the waters and marine resources from oil pollution. How to apply: Please submit a letter of interest by Friday, January 6, 2017 to the Borough Clerk's Office through email at clerks5kodiakak.us. Thank you, Nova Ms. Nova M. Javier, MMC Kodiak Island Borough Clerk AAMC President 710 Mill Bay Road Kodiak, AK 99615 Phone: (907) 486-9310 PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Confirmation Of A Mayoral Appointment to the Cook Inlet Regi... Page 102 of 141 AGENDA ITEM #13.D.1. .The mission of the Council is to represent the citizens of Cook Inlet In promoting environmentally safe marine transportation and oll fad/hy operations In Cook Inlet" F1 C A �Ii.f:dVi� Members December 7, 2016 i DEC 9 2016 Tourism organizations The Honorable Dan Rohrer i •-- •- Mayor AX Alns: n.1A Alaska Native Kodiak Island Borough croups 710 Mill Bay Road Kodiak, AK 99615 Environmental Mayor Rohrer: Groups The Cook Inlet Regional Citizens Advisory Council (CIRCAC) is a citizens' oversight Recreational council for oil operations In the Cook Inlet area, organized under provisions in the Groups Oil Pollution Act of 1990 (OPA 90). The Council's mission is to represent the citizens of Cook Inlet in promoting environmentally safe marine transportation and Aquacukurc oil facility operations in Cook Inlet Associations The Council, formed In late 1990 as a non-profit corporation, consists of 13 Directors appointed or elected by stakeholder groups as spelled out in OPA 90; Commercial these include municipal and borough seats. Directors are elected or appointed to 3 Fishing Organizations Year terms, on a rotating basis. The term for the Kodiak Island Borough seat expires at our Annual Meeting, scheduled forApril 7,2017; it Is currently occupied by your interim appointment, Mr. Kyle Crow. Yes,1 know this must seem like d6J6 City ofRodiak vu all over again Mayor Rohrer! Mayor Rohrer, your participation in this appointment process is important to us! Cy ofRenal Please submit to our office by January 24, 2017 written notification of your re- appointment of Mr. Crow for a full three year term, or the name of a different appointee. We understand Kyle is Interested in continuing to serve. CkyofSeldovic If you have any questions about CIRCAC or the appointment process, please feel free to contact me at 907-283-7222 or Jerrvrombachftcircac.ore. We look forward Chyofilomer to hearing from you in the very near future. Sincerely,, Kodiak lt(and Borough D CR!h rry mbach Rrnai Peninsula bach hector of Administration Borough cc: Kyle Crow praCook Inlet RegionalCitizens Advisory Council a 8195 RmaiSpurllny, Rena4 AR 99611-8033 ofAnchAnrharoge Phan (907) 283.7222 "Far (907) 283-6102 "m .clrcac.orc Confirmation Of A Mayoral Appointment to the Cook Inlet Regi... Page 103 of 141 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT 1a JANUARY 19, 2017 ASSEMBLY REGULAR MEETING 2,1 _ TITLE: Appointments to the Providence Kodiak Island Medical Center Community Advisory Board (Ms. Carol Juergens, MD and Ms. Gretchen Saupe). ORIGINATOR: Nova Javier FISCAL IMPACT: Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: Per Contract No. 1997-07A: An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence. One Assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the opportunity for review and comment before appointments to the advisory board are made. On January 11, 2017 the Clerk's Office was notified of the following re appointments to the Providence Kodiak Island Medical Center Community Advisory Board, Ms. Carol Juergens, MD and Ms. Gretchen Saupe for terms ending December, 2018. Per the contract provision cited above, the Assembly is given the opportunity to comment before the appointments to the advisory board are made. PURPOSE, ACTION, OR RECOMMENDED MOTION: Move to voice non -objection to the re appointments of Ms. Carol Juergens, MD and Ms. Gretchen Saupe to the Providence Kodiak Island Medical Center Community Advisory Board for terms to expire December, 2018. Kodiak Island Borough Appointments to the Providence Kodiak Island Medical Center ... Page 104 of 141 AGENDA ITEM #13.D.2. Appointments to the Providence Kodiak Island Medical Center ... Page 105 of 141 = E `c V V � E v a — � a r v � U ^+ u � �+ E u u u M � V�1 VYi L S K Q Ci 'O a o am c ° _ O 9 xa •a u � 9 E C .o E 0 s d a`U � h q m q � V b b b b b b S L L T v •6 � a b GC .0 C W 'z "1°m c �o a 3�m E E°m m9 C u >C1 .� L u'- F �a�C Lm9 � a�Y ° �L a.1oG > yak 4UY "u m 00 u e0 L ap eD ep m cD c0 i� W W 41 W Z 0 W a n W 9 Lgg N 2 Q C! T y Q• L., CJ Q. %N "` �? cnY � Au !s e uY mi7 `1 u �cY °o$k mo`:G VI �b� Y m`1 V •-' ° Y mz¢ o v¢ v'¢ L=4o`¢ � u� a `m `ym � Jr > y®y Id. y Z mW aY� ^ n J 4 Appointments to the Providence Kodiak Island Medical Center ... Page 105 of 141 "1°m c �o a 3�m E°m m9 u >C1 .� L u'- �a�C Lm9 a�Y �L a.1oG > yak 4UY Appointments to the Providence Kodiak Island Medical Center ... Page 105 of 141 AGENDA ITEM #13.D.2. Appointments to the Providence Kodiak Island Medical Center ... Page 106 of 141 E c Y V 1 (F L F 9 F m � C D` r h o � � U u �O n N L a E � � u r v 9 a 0 nm o r Y o m 7 o r g Y � a 7 � � 00 � � o e u 1r' p �C u r �o E v� n o E O E °'a E c7 N c a` U b T Q Q Q z z z Y O cuZ Y O Wz Y O uz t c ° `o U W V .0 r Z L i C Z � W a; 0 C C s q W F� v p /q YU_ ul E m uU�< �Yh� v l! o m m K U E° a E W v o Y {SS W m J Appointments to the Providence Kodiak Island Medical Center ... Page 106 of 141 v� n E °'a E c7 c FSX Appointments to the Providence Kodiak Island Medical Center ... Page 106 of 141 AGENDA ITEM #13.D.2. Angela MacKenzie Subject: FW: Community Advisory Board Appointments Attachments: CAB Members.pdf Please see the attached updated roster for the Community Advisory Board. Please note these changes: Carol Juergens has been appointed for an additional two year term Gretchen Saupe has also been appointed for an additional two year term Steve Smith will no longer serve as Chief of Staff, Alan Wolf has been appointed to that role Thank you, Amy -Rae Belisle I Program Support Coordinator Pro%idence Kodiak Island Medical Center C 907-486-9595 text. 69595 I F 486-2336 This message is Intended for the sole use of the addressee, and may contain Information that Is privileged, confidential and exempt from disclosure under applicable law. If you ere not the addressee you are hereby notified that you may not use, copy, disclose, or distribute to anyone the message or any Information contained In the message. It you have received this message in error, please immediately advise the sender by reply email and delete this message. Appointments to the Providence Kodiak Island Medical Center ... Page 107 of 141 AGENDA ITEM #18.A.1. ARCHITECTURAUENGINEERING REVIEW BOARD REGULAR MEETING November 7, 2016, 5:30 p.m. Projects Office Conference Room CALL TO ORDER CHAIR ARNDT called the meeting to order at 5:30 p.m. ROLL CALL Board Members present were Chair Scott Arndt, Rick Ryser, Steven Neff, and Colin Young. Bill Barton and Cliff Ford were absent. Also present were Matt Gandel, KIB Construction Project Manager/Inspector, Kathie Peters, KIB Projects Assistant; Rich Walker and Jeff Hansell from KIBSD; Jerrol Friend. Tony Yorba, Charlene Steinman and Dan Febrello from Jensen Yorba Lott; Brian Pekar and Jeremy Maxie from RSA; Mike Stevens from ECS were present telephonically. A QUORUM WAS ESTABLISHED. APPROVAL OF AGENDA YOUNG moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES RYSER moved to approve the minutes from April 18, 2016. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 65% DRAWINGS FOR KODIAK MIDDLE SCHOOL FIRE ALARM, CONTROLS, ELEVATOR Matt Gandel explained that the project is the replacement of all the fire alarm and control systems at the Kodiak Middle School, which will bring the system up to current code. The elevator is a modernization upgrade not a complete replacement. Dan Fabreilo (JYL) confirmed the project scope and detailed the Architectural role. Brian Pekar (RSA) walked through the mechanical drawings. Jeremy Maxie (RSA) walked through the electrical drawings. Mike Stevens (ECS) walked through the elevator modernization report. ArchitecturaUEngineedng Review Board Regular Meeting November 7, 2016 Pagel of 4 Architectural/Engineering Review Board Regular Meeting Minut... Page 108 of 141 AGENDA ITEM #18.A.1. ARCHITECTURAUENGINEERING REVIEW BOARD REGULAR MEETING November 7, 2016, 5:30 p.m. Projects Office Conference Room RYSER moved to approve the 65% documents for the Kodiak Middle School Fire Alarm, Controls, and Elevator ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 65% DRAWINGS FOR EAST ELEMENTARY RENOVATION PHASE I Matt Gandel explained that due to the size of the scope of work, and the short lime frame to complete the project, the decision had been made to split the East Elementary Renovation into two phases. Phase I will occur the summer of 2017, and Phase II will occur during the summer of 2016. Charlene Steinman (JYL) walked through the drawings for the renovation of all restrooms In the East wing of the school to make them ADA compliant. Brian Pekar (RSA) walked through the mechanical drawings. Jeremy Maxie (RSA) walked through the electrical drawings. YOUNG moved to approve the 65% documents for the East Elementary Renovation Phase I ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 65% DRAWINGS FOR EAST ELEMENTARY RENOVATION PHASE it Charlene Steinman (JYL) walked through the drawings for removal/replacement of flooring, casework, and doors in the East wing of the school. Brian Pekar (RSA) walked through the mechanical drawings. Jeremy Maxie (RSA) walked through the electrical drawings. NEFF moved to approve the 65% documents for the East Elementary Renovation Phase II ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 65016 DRAWINGS FOR VILLAGE SCHOOL FLOORING (AKHIOK, KARLUK, OUZINKIE) Charlene Steinman (JYL) walked through the drawings for removal/replacement of flooring In the three schools. ArchitecturallEngineering Review Board Regular Meeting November 7, 2016 Page 2 of 4 Architectural/Engineering Review Board Regular Meeting Minut... Page 109 of 141 AGENDA ITEM #18.A. I. ARCHITECTURAL/ENGINEERING REVIEW BOARD REGULAR MEETING November 7, 2016, 5:30 p.m. Projects Office Conference Room NEFF moved to approve the 65% documents for the Village School Flooring (Akhiak, Karluk, Ouzinkie) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. REVIEW OF 95% DRAWINGS FOR BALER BUILDING ROOF REPLACEMENT Tony Yorba (JYL) began to explain the overlay of the Baler Building roof. Chair ARNDT slapped his explanation to oppose the overlay; he is of the opinion that a new roof is a better option. Tony will look into cost. Mall Indicated that he has no Issue with the exercise, but budget may drive the final decision. ARNDT tabled further discussion until additional information was provided from JYL. UPCOMING MEETING/REVIEW SCHEDULE Next meeting tentatively scheduled for December 12, 2016 at 5:30 pm. ELECTION OF OFFICERS The Board agreed to postpone the Election of Officers until January 2017. PUBLIC COMMENTS None STAFF COMMENTS Matt Gandel provided an update on the 2016 summer projects for Peterson & Main Elementary School Flooring Replacement, Peterson Elementary School Boiler & Control Replacement, and East Elementary Roof Replacement/KMS Roof Replacement. BOARD COMMENTS ARNDT expressed concern over the new 20' conex that will serve as the Scale Shack at the KI B Landfill. Specifically noted was one of the three blocks (center) was not the same size as the two end blocks and therefore not supporting any weight of the building. Additionally, one window is in upside down and the brick mold paint is blistering. He wonders if building is leaking. ADJOURNMENT YOUNG moved to adjourn the meeting VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 6:45 P.M. ArchileclurattEngineering Review Board Regular Meeting November 7, 2016 Page 3 of 4 Architectural/Engineering Review Board Regular Meeting Minut... Page 110 of 141 AGENDA ITEM #18.A.1. ARCHITECTURALIENGINEERING REVIEW BOARD REGULAR MEETING November 7, 2016, 5:30 p.m. Projects Office Conference Room Respect ly�5ubr�rftiad� Kalhte Peterrs,PPr�oojjjects Assistant Date Cod /T.dL1.2 - %2 Scott Arndt, Chair Date Architeclural/Engineering Review Board Archileclural/Engineering Review Board November 7, 2016 Regular Meeting Page 4 of 4 Architectural/Engineering Review Board Regular Meeting Minut... Page 111 of 141 FIRE PROTECTION AREA NO.1 BOARD REGULAR MEETING October 26, 2016 6:00 p.m. BAYSIDE FIRE HALL 1. CALL TO ORDER/PLEDGE OF ALLIEGENCE AGENDA ITEM #18.A.1 RECEIVED DEC 9 2016 I ksGnA;t.rl �'t _�tPB �r:CE t�On!AK. ALA3KA BOARD MEMBER Rebecca Nelson called the regular meeting to order at 6:02 PM NOVA JAVIER, the Borough Clerk swore in Mike Dolph as a Fire Protection Area Board I member. 2. ROLL CALL Board Members present were Rebecca Nelson, Paul Van Dyke and Mike Dolph. Also present were Chief Howard Rue and Secretary Jenny Clay. VAN DYKE MOVED to excuse Scott Arndt and Richard Carstens. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 3. ACCEPTANCEIAPPROVAL OF AGENDA VAN DYKE MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF MINUTES DOLPH MOVED to approve the minutes for the regular meeting of September 20, 2016. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT VAN DYKE MOVED to approve and acknowledge the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS Doug Mathers congratulated Mike Dolph on his appointment to the Board. 7. CHIEF REPORT Chief Rue reported on calls for September 2016. One of his goals was to find more volunteers for Bayside Fire Department. The bid for installing the apartment windows was awarded to Alutiiq Contractors. The Bay -doors bid was awarded to Friend Contractors. The volunteers are erecting the shelving recently purchased. Chief Rue was also working on several grants including an Air Pac Grant that will include both Bayside and Women's Bay Fire Department for $291,000 for 37 Air Packs which include bottles and face pieces. Another grant was for Prime Event Fire Protection Area No. I Board Regular Meeting October 26, 2016 Page I of el Architectural/Engineering Review Board Regular Meeting Minut... Page 112 of 141 AGENDA ITEM #18.A.1. ySystem, a diesel exhaust system for the lower bay which would hook onto vehicles and exhaust fumes from vehicles when they start. He was also investigating an Alaska Housing grant for new J iwindows in the lower bay in front of the building. It was a $10,000 grant which was available to municipalities. The Fire Fighter I course was coming to fruition and started November 7`h with six volunteers from Bayside and participants from the City of Kodiak Fire Department. Fire -Prevention-week at Bayside was very successful with 150 people attending. The City Fire Department participated setting up their ambulance and engine. US Coast Guard had their Fire Prevention event the next Saturday which Bayside assisted in. A letter from Chief Sinclair was received thanking Bayside for their participation. He worked with a Pierce Equipment representative, receiving a rough price of $500,000 for an engine and $400,000 for a tanker. There could be a 3% increase in February 2017. If cash payments were made the price could drop. Chief contacted Spartan Mixed Fire Apparatus who will also send a representative to present their equipment and estimates. An RFP will then go out with a list of the equipment needed on each vehicle. Received quotes for bunker gear, Bayside needing 15 sets and Women's Bay 10 sets. He was recommending Globe for better filling gear for approximately $28,890. The gear would take approximately three months to receive. Bayside hosted a successful Muster last Sunday with 22 people attending. Volunteers John Parker and Brian Bonvillian were in charge of the event. He would soon begin the Action Training for EMS and Fire Training program. He thanked volunteers who stepped up including Gabe Patterson who assisted with paperwork, Brace McNeil with equipment, Curt Law with wiring, Rebecca Nelson for the Fire Prevention Program and Gabe Maes for his time. Gabe Patterson gave an update on the I Am Responding Program which was fully operational. It tracks equipment needing to be tested and serviced, personnel training records, attendance records and incident logs. A computer will be set up in the day room for volunteers to use for this purpose. Continued training on the program will be ongoing for volunteers. 8. CHAIR PERSONS REPORT Rebecca Nelson reported that the US Coast Guard Fire ordered the Action Training Program. State of Alaska EMS also uses that program. The Fire Prevention section of the Bayside was looking into a grant through State Farm. Thanked Curt Law for helping the Hazardous House with the wiring. He and others made the Fire Prevention event a success. The Hazardous House will be going to North Star and Kodiak Christian School in November for more Fire Prevention Training. She welcomed Mike Dolph to the board. 9. NEW BUSINESS a) Election of Officers NELSON OPENED NOMINATIONS FOR CHAIR. DOLPH MOVED to nominate Paul Van Dyke for Chair. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Fire Protection Area No. I Board Regular Meeting October 26, 2016 Page 2 of 4 Architectural/Engineering Review Board Regular Meeting Minut... Page 113 of 141 AGENDA ITEM #18.A.1. NELSON MOVED TO OPEN NOMINATIONS FOR VICE CHAIR. DOLPH MOVED to nominate Richard Carstens for Vice Chair. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. b) Discussion of 2017/2018 Budget Process Chair Van Dyke spoke to the board about issues and visions of the station which need to be addressed within the budget. He suggested having a work session with the Borough Finance Director to discuss purchasing options for apparatus. He liked the Chiefs timeline on replacement of apparatus. A long term fiscal plan will benefit our community. Board discussion ensued. c) Protecting Burn building and Generator from Further potential damage Nelson suggested making a list of items in need of repair for the bum building including cost. Dolph noted the generator exhaust stack needed to be fixed and generator protected from weather. Chief Rue with Bayside volunteers would build a list with cost for both. This would be presented at the next work session and budget process. d) Apparatus Specifications Chief Rue reported Pierce Fire Equipment representative along with himself and Bruce McNeil compiled a list of options needed for the Engine and Tender. Spartan would also be sending a representative for the same list of options. An RFP could then be made public for the new engine and tender. Board discussion ensued. 10. VISITOR COMMENTS Doug Mathers suggested the NFPA standard should be confirmed as the newest on the turn out gear so they are not out of date a year after purchased. He noticed in the past the Borough and City defer their maintenance on the buildings they own. A five year plan would be a great idea. He suggested since the Chief was busy with the firefighting side of things that maybe the board should be in charge of building maintenance. The transfer switch on the generator needed protection and the window above it was fogged out. The switch was mechanical and needed protection from the weather or it would not last. He went to an open house in Bedford Texas and their equipment was Spartan. The equipment looked like fine equipment and their fire department was happy with it. 11. BOARD MEMBERS COMMENTS R. Nelson — Reiterated the need of a work session to discuss budget and building maintenance so the problems will not cost more than they need to. M. Dolph — Pleased to be back on the board again. He was looking forward to the future and would like the board to remain proactive. Some things were mentioned tonight about Fire Protection Area No. I Board Regular Meeting October 26, 2016 Page 3 of 4 Architectural/Engineering Review Board Regular Meeting Minut... Page 114 of 141 AGENDA ITEM #18.A.1. maintenance and budget plans. He would hate to try and salvage what was left of the generator after the weather hit it and nothing was done. He appreciated volunteers who come in. He appreciated their comments and participation in the meetings. P. Van Dyke — He thanked Mike Dolph for joining the board. He was looking forward to his input. He encouraged Doug Mathers to attend the work session. He had some great ideas and suggestions. Doug was correct that building maintenance was not local government strength, but it could be strength for the station. It should not be all on the Chief to take care of. It needs to be shared by the Board, Chief and volunteers. He appreciated the input of the volunteers. He thanked the board for their vote of confidence. 12. NEXT MEETING SCHEDULE Chair Van Dyke scheduled a Work Session for November 15, 2016 and a Regular Meeting for November 22, 2016. Both meetings will be at 6:00 p.m. at Bayside Fire Department. 13. ADJOURNMENT CHAIR VAN DYKE moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 7:17 PM. SUBMITTED B Any Clay, Actard Secr ry KIB Engineering/Facilities Department APPROVED BY: Chair Paul Van Dyke Fire Protection Area No. 1 Board Regular Meeting Date:6o 116 Date: i Z �.( Architectural/Engineering Review Board Regular Meeting Minut... October 26, 2016 Page 4 of 4 Page 115 of 141 FIRE PROTECTION AREA NO.1 BOARD REGULAR MEETING December 6, 2016 6:00 p.m. BAYSIDE FIRE HALL 1. CALL TO ORDER/PLEDGE OF ALLIEGENCE CHAIR Paul Van Dyke called the regular meeting to order at 7:08 PM. AGENDA ITEM #18.A.1. DEC 2 7 2016 2. ROLL CALL Board Members present were Rebecca Nelson, Paul Van Dyke and Mike Dolph and Richard Carstens. Scott Arndt was absent. Also present were Chief Howard Rue and Secretary Jenny Clay. 3. ACCEPTANCE/APPROVAL OF AGENDA NELSON MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF MINUTES NELSON MOVED to approve the minutes for the regular meeting of October 26, 2016. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT NELSON MOVED to approve and acknowledge the Financial Report. Chair Van Dyke requested a balance sheet for Fire Protection Area 1 be included in the packet for future meetings. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS None. 7. CHIEF REPORT Chief Rue updated the Board on events from the October 26th meeting. This included continuing to seek volunteers, windows in apartment were installed, the Bay Doors Bid was awarded and wrong door was ordered and received. They have reordered the doors. Shelving was ordered and installed by the volunteers. The grant for air pats will not include Women's Bay Fire Department due to incorrect information. A grant for a Diesel Exhaust system was applied for. Investigated a grant for the lower building windows but it was not applied for in time by staff. Started the Fire Fighter I course. Fire Prevention week was successful with 771 attending. He has continued to work with both Pierce and Spartan on procuring an Engine and Tanker which was estimated at approximately $850,000. An RFP will be forthcoming. Volunteers from Bayside and Women's Bay were measured for the bunker gear and 15 sets were ordered. The Action Training will be for EMS only. All paperwork was totally up to date with the State. They have Fire Protection Area No. 1 Board Regular Meeting December 6, 2016 Architectural/En ineerin Review Board Regular Meeting Minut... Poge 1 4 4 9� 9 9 9 Page 116 of 141 AGENDA ITEM #18.A.1. worked out most "I Am Responding" problems with program. He updated the Board on recent purchases including: Snow Tires for C-10, jumper cables, extension cords, helmits, NoMex hoods, mounting bracket for the base of portable deck gun, drill, salt spreader, TV for lower bay, installed a computer and printer in day room, TV donated by Rebecca for the day room. He j donated first aid supplies to the City of Kodiak Fire Department which were not being used. In I return the City of Kodiak will help restock medical kits. The City also donated a hose rack they --were-not using.—Chief purchased a Fire Fighter a -book version for the volunteers to use at the station. Tow chains were purchased for Engine I and Engine 10. Also he had the "Jaws" repaired, purchased printing paper, webbing, and replenished water and coffee and also bought soda for the Christmas party. The Lieutenant test will be given on Saturday. Chief Rue reported on October and November calls. November was highest number of calls all year. 8. CHAIR PERSONS REPORT Chair Van Dyke has asked staff for information on past meetings to educate him on decisions made by the board so as not to rehash those subjects. He was researching information on the generator building and/or fencing. Chief Rue explained the Card Swipe entry for Bayside Fire to the Board. Bob Tucker was building the security for those cards. The cards can be individually programed so doors can or cannot be accessed. There will be five doors with swipe capability. Other doors will remain locked with new combinations for security. Chair Van Dyke asked Chief Rue to purchase a dishwasher to complete all repairs on Bayside Fire Apartment. Board Member Nelson reminded the board that a sprinkler head which was recessed in the ceiling must be fixed. Chair Van Dyke would be listening to last year's budget meeting to update him on the budget process. 9. NEW BUSINESS a) Gas Meter Purchase Chief Rue explained the need for purchasing a gas meter. They have one but should have two for back up purposes. The purchase was within the Chief's authority and the board gave their support of the purchase. b) Discussion of Apparatus Purchase Board member Dolph spoke in favor of the timeline presented at the work session. He thought that it should be officially adopted by the board. DOLPH MOVED to accept the timeline for the Apparatus Purchase as presented and modified. ROLL CALL VOTE ON MOTION CARRIED 4 TO 0. c) Electrical Upgrades and Air Compressor System Fire Protection Area No. 1 Board Regular Meeting Architectural/Engineering Review Board Regular Meeting Minut... December 6, 2016 Page 2 of 4 Page 117 of 141 AGENDA ITEM #18.A.1. Chief Rue reported on the two small air compressors at Bayside Fire Department. Currently, both Engine l l and Tanker 10 leak air badly. They need a reliable system to air up equipment to get out of the garage. Board discussion ensued. Chief Rue would obtain quotes from contractors. 10. VISITOR COMMENTS None. 11. BOARD MEMBERS COMMENTS M. Dolph — Thanked the visitors for always showing up. R. Carstens - The Board needs to slay vigilant and make sure that all the projects that are approved and passed are completed. He would like to be done with the apartment once and for all. P. Van Dyke — Thanked the visitors for their patience and input. Thanked the board for the discussions. He appreciated the openness and transparency in trying to push ahead. He echoed Carstens comments on keeping track of our items on the to-do list. He congratulated Chief Rue on his one year anniversary. He appreciated where he has taken the station in a year. Good Job! Chief Howard Rue — We found a decent tool box for volunteer Bruce McNeil for $1,700. It has been a great year. He never imaged the job would be so wild. He has been very fortunate to get to know Gabe, Gabe, Dick, Doug and Bruce. To sit back and see some of the things that were accomplished this year was pretty cool stuff. He couldn't do it alone and it's his dream job. Thank you for that. 12. NEXT MEETING SCHEDULE Chair Van Dyke scheduled a Regular Meeting for December 21, 2016. 13. ADJOURNMENT NELSON moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 8:14 PM. SU.4MFl7ED BY: U Jen y Clay, Bodd Secreta KIB Engineering/Facilities Department APPROVED BY: ._^1 Chair Paul Van Dyke Fire Protection Area No. 1 Board Regular Meeting Date: la 1021 I I& Date: Architectural/Engineering Review Board Regular Meeting Minut... December 6, 2016 Page 3 of 4 Page 118 of 141 MONASHKA BAY ROAD SERVICE AREA° �t�—� _t V F_ Regular Meeting August 3, 2016, 5:30PM, Bayside Fire Hall D EC 2 7 2016 MONASHKA BAY ROAD SERVICE AREA Minutes uG 3Q`:N Um KGDIAK, Al MBRSA Is a resident -managed road maintenance and snow removal service area; it also has some administrative responsibility for a Greenbelt separating MBRSA residents from the adjacent KIB Landfill and a privately -owned landfill/development... Please help us keep our neighborhood safe and our air, land and water healthy) 1. Call to Order & Roll 5:42p T Lance, A Dano, R Spivey 2. Open Forum none 3. Approval of Agenda - Motion to approve agenda made by R Spivey Sec by T Lance, Motion passed. 4. Approval of Minutes from August 3 2016 Regular meeting. Motion made by A Dano to approve minute's sec by R spivey, motion passed. S. Reports - KIB Engineering and Facilities, Dave Conrad ... update on Landfill setback distance requirements; Landfill WWTP air pump noise reduction; -Tom ... 4/30/16 Spring Walk Work Session; Service contract w/Brechan good for FY17 -Andy/Randy ... update on light for Three Sisters Pond location frequented by substance abusers and sign post installation -Supervisors... calcium chloride treatments on roads, observations, opinions, wash - boarding sections treatments with recycled asphalt? - Has help to extend the time period for grading due to pot holes and wash boards and is still acting to reduce dust will reapply 2017. Discussed recycled asphalt, Asphalt will harden and become difficult for grader to maintain. 6. Unfinished Business - Culvert installation work per MBR5A Work Priority Ust : Culvert Installations Motion by R Spivey to have Brechan repair 12 culvert at Bruce McNeil 2147 Three Sister SEC by A Dano motion passed. Note any extension of culvert will be the resident's responsibility. 7. New Business -Supervisor terms ending October 2016 (Tom and Randy), need for new members -ATV safety, use on MBRSA Roads S. Board Comment Roads need graded special attention to minimizing washboards pass 1709 Three sister 9. Schedule & Adjournment Signed: Signed: Randy Spivey, Secretary Thomas Lance, Chairman Architectural/Engineering Review Board Regular Meeting Minut... Page 119 of 141 KODIAK ISLAND BOROUGH PARKS & RECREATION MINUTES August 23, 2016 CALL TO ORDER 6:30 AGENDA ITEM #18.A.1. W 2 7 2016 Conference Room CHAIR SALTONSTALL called to order the August 23, 2016 Parks and Recreation regular meeting at 6:30 p.m. ROLL CALL Requested excusal was Steve Paulson due to being out of town. Committee members present was Patrick Saltonslall, Helm Johnson, Sharon Wolkoff, Marnie Leist, Dale Stratton, and Ben Millstein. Excused was Steve Paulson. Ex -officio member present was Corey Gronn. Ex -officio members absent were Frank Peterson, Ron Bryant, and Alan Schmitt. A quorum was established. COMMITTEE MEMBER LEIST MOVED to excuse Steve Paulson. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Tom Quass, Sheila Smith, and Janel Day. APPROVAL OF AGENDA COMMITTEE MEMBER LEIST MOVED to add the new community gym as New Business Item A and approve the agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY COMMITTEE MEMBER WOLKOFF MOVED to add disc golf organization questions under New Business. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER LEIST MOVED to approve the June 28, 2016 and the July 26, 2016 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS None OLD BUSINESS A) Monashka Bandit Range — Clean Up And Closure Quass said the manager agreed and signed off saying we are going to close it but we are having problems getting approval from DOT because there Is a one -hundred foot DOT Right -of -Way from the centerline. If we put our sign back, it will be the perfect target. DOT is going to put a ditch through there so people won't be able to park there and then we will put our sign approved by DOT there. Meagan Christiansen will post information on Facebook and the borough website. Discussion regarding KISA operation hours and contact information, flyers with KISA information, invite KISA to meetings or send a letter, and handouts to new Coast Guard personnel coming in. B) Termination Point — Great Land Trust Update To The Assembly On August 25, 2016 Quass said you wanted a map of what it looked like. The update to the assembly is this Thursday. Kodiak Island Borough August 23, 2016 Parks and Recreation Committee Minutes Page 1 of 5 Architectural/Engineering Review Board Regular Meeting Minut... Page 120 of 141 AGENDA ITEM #18.A.1. C) Saltery Trail Improvements — Change Of Plans Quass said there is a snag. Even though there has been a road there since the 40's, it is not a State easement. We thought it was a State easement but the State dropped it. They do not recognize it as a road or a trail. We have been going back and forth with them on this. DNR is saying they are not going to give us, but he has been talking to a gentleman who is going to try to help us get along in this process. Hopefully, within the next couple of months we will have a permit. The State does not want to just grab onto a trail and say yes, that is going to be a trail because apparently they end up having to go to court a lot even though it is State land. The State does not want to spend money on legal issues with any trails so it is easier for them to say no, there is nothing there but we have a precedent in that it was a trail or road at one time and Leisnoi agrees there is a trail through their portion of it. The downside is the Coastal Impact Assistance Program (CIAP) grant runs out the end of December and we have roughly $90,000 left. We have the geo- block already purchased so if we cannot use it on Saltery Cove Road then we will possibly use it at the Jack and Lee Lakes area. Under the contract, the borough was required to get the permits so if we did not do our part technically, Island Trails Network could turn around and say that we did not do our part and the borough still owes him. CIAP could say you did not finish the work so we want this money back and we would still have to pay the contractor. Island Trails Network wants to work with us to try to get this done. CIAP said there would not be any more extensions granted. D) Killarney Hills (Joint Meeting With P&Z And Other Stakeholders Postponed Until Sometime In October) Quass said that joint meeting that was supposed to happen in August is being pushed to sometime in October and maybe beyond. E) Narrow Cape Public Access — AAC CEO To Give Report To KIB Assembly At The September 1, 2016 Regular Meeting Quass said September 1" the CEO of the rocket launch would give a report to the assembly. In response to CHAIR SALTONSTALL'S Inquiry of did the committee letter go to the assembly, Quass said yes. F) Long Island Conservation Easement—Maps Quass said on page 12 of 34 is the map showing parcel A and B and it describes what they are. NEW BUSINESS A) New Community Gym EX -OFFICIO COMMITTEE MEMBER GRONN stated around May 2014 when Amy Folgle came onto the City Parks and Rao Board she came to an assembly work session asking them to dedicate the old swimming pool and set it an the borough CIP List so it could eventually be turned into a community gym. As he understands it, during the initial project of the high school, this was going to happen then they ran into issues with funding it with square footage. It has been on the borough's CIP List for two years at a cost of about $600,000 that was the last estimate. He thinks it would be a good idea because now we are getting into the gym season and getting out of the outdoor season for recreation in Kodiak. It is not the lack of gyms; it is a lack of size. The elementary school gyms are not full court standards and cannot take on a full court team. They are good for recreational dodge ball gyms but they cannot take on a full size volleyball court, basketball court, etc. The idea is to push it forward as a community gym, much like the swimming pool run by the city, owned by the borough, and maintained by the school district. He thinks a letter from this board to the assembly asking them to push it up higher and fund it earlier would be great. COMMITTEE MEMBER JOHNSON said right now all the gyms are full all the time once they are in full swing with all the different activities like volleyball and basketball. There is never enough space. Kodiak Island Borough August 23, 2016 Parks and Recreation Committee Minutes Page 2 of 5 Architectural/Engineering Review Board Regular Meeting Minut... Page 121 of 141 AGENDA ITEM #18.A.1. EX -OFFICIO COMMITTEE MEMBER GRONN stated it could be just adding an after school open gym type of deal. Initially, he would not want to have community open gym during the school hours because that would serve as an overflow gym. Right now, they are congesting three classes into one gym, 6'h, 7'h, and 8"'. It is tight for the schools as well so it would be joint use and shared but it could be for anything. In response to CHAIR SALTONSTALUS inquiry of what is it being used for now, EX -OFFICIO COMMITTEE MEMBER GRONN said it is not being used. They filled it with concrete and now it is just an empty space. COMMITTEE MEMBER JOHNSON said the 61h grade has gym sometimes in the back of the high school gym, outside, and in the hall. Consensus for the chair writing a letter to the assembly on behalf of the committee. COMMITTEE MEMBER MILLSTEIN MOVED to have CHAIR SALTONSTALL write a letter expressing support for the old high school pool to be made into a gym as soon as possible to accommodate overflow. COMMITTEE MEMBER MILLSTEIN MOVED TO AMEND the motion to say community gym instead of gym. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY EX -OFFICIO COMMITTEE MEMBER GRONN said he would also be taking it to the City Parks and Rec Board to do the same. B) Disc Golf Organization COMMITTEE MEMBER WOLKOFF stated on the Friends of Kodiak Facebook page, she has noticed there has been interest in disc golf and maybe making a course here in one of the parks. One of the persons commenting wants to get more organized and she requested suggestions on how to go about forming the group and get more formalized to come to try to request an area. They would do their own fundraising for baskets and course design. COMMITTEE MEMBER MILLSTEIN said there is a new guy In town that has designed disc golf courses, is he part of the group. EX -OFFICIO COMMITTEE MEMBER GRONN said he has had people request it through our City Parks and Rec. It is not the cost; it is the area. In order to develop a disc golf course, most of our parks are flat so there is almost no challenge. Most disc golf courses are similar to a golf course where you go around bends and up hills. For our city parks, he would have no problem funding a project if he had an area to do it but we do not have an area to do it within the city parks. He has recommended people talk to the golf course about adding removable baskets, they pull them out and make it Wednesday disc golf day. That is the ideal location because the cost is only about $700 or $800 a basket. It Is not that expensive and funding could be found easily. There are nine to eighteen baskets to a course; it depends on the size. It's like a golf course and our golf course is a nine hole course so you could just follow suit and do a nine hole course. If you use a pin and sleeve it can be removed so it does not interfere with regular golf. Brief committee discussion. COMMITTEE MEMBER WOLKOFF said that Jim Willis put up a min disc golf course at Nimitz but it is minimal. C) TMO's For Saltery Trail — SMI — SM3 Quass said on page 13 is the data. Kodiak Island Borough Parks and Recreation Committee Minutes August 23, 2016 Page 3 of 5 Architectural/Engineering Review Board Regular Meeting Minut... Page 122 of 141 AGENDA ITEM #18.A.1. Jane Day said this map is set up so you have your trail segments and your input because that is some of the information that the TMO will capture. You have your Al, A2, and A3. It sounds like the focus today is to bring the background information so she wants to complete the TMO's in the meeting. CHAIR SALTONSTALL said when we do these TMO's you have the form that shows the topography, braiding, etcetera all filled in for us from the data. COMMITTEE MEMBER JOHNSON said you would have that little map for that trail segment on a single sheet that will have this boxed out for Al with all that data. Then we would look at it to see what you have put in for all these things to discuss. Ouass said when he said we were going to go through and do this sluff at the meetings what he meant was we are going to do these at the meetings. Previously, Paul Van Dyke did this and Day doesn't necessarily have, her tasking to support the GIS stuff for the borough, things like these are extra jobs like if someone comes in and requests a map that's not a product already then it can be requested by anybody but it gets put on a when available time is available. Unfortunately, we are kind of in that category because her priorities are stuff that is directed by the Community Development Department Director. We have the data; it is just not inserted for each segment. Day stated the graphs you are talking about, that is something that she would spit out from GIS and incorporate that in but in previous meetings we went through to do the check boxes, right. COMMITTEE MEMBER JOHNSON said usually when you did the GIS mapping it had the data filled in so we knew that we could read that information and make a decision of what to suggest after getting that information. CHAIR SALTONSTALL said we do not know if it is braided but braiding is on that data sheet. CHAIR SALTONSTALL said what he is suggesting is this stuff you do fill in from the GIS data, like the pie chart that shows what is steep. His Impression was you press a button and you get the graph that shows what proportion is steep and what portion is, Day said yes. CHAIR SALTONSTALL said we can go through and answer what we can because we usually talked about what it was for and then we had our comments, we would say things like this shouldn't be a trail, this one sees a lot of mountain bikers, and this one see a lot of horseback riders, that sort of thing. COMMITTEE MEMBER JOHNSON said we also had the chart that says what was allowed, discouraged, accepted, legal, and illegal, we had that whole chart as well. Day said some of this will be fed by the data. The meetings she previously attended everyone was familiar with the trails so this was something that was part of the discussion in the actual meeting based on experience. COMMITTEE MEMBER LEIST said some things we can fill in but on others, we are not the experts on what is prohibited. The data does need to be pre -filled. EX -OFFICIO COMMITTEE MEMBER GRONN said it would make sense to have as much of this filled in from the GIS data prior to us talking about them. Smith said that information is from the GPS data collected and imported into GIS. During discussion, the committee agreed to start with A2, and they relayed what information they could provide to the GIS Analyst. The committee agreed that trail signage is needed. COMMUNICATIONS A) September Planning And Zoning Public Hearing Items Kodiak Island Borough Parks and Recreation Committee Minutes August 23, 2016 Page 4 of 5 Architectural/Engineering Review Board Regular Meeting Minut... Page 123 of 141 AGENDA ITEM #18.A.1. Quass said as you can see most of these are for land disposal, City of Port Lions is putting in a plant, then Dave Conrad for the Kodiak Island Borough Variance out at the landfill to put in a building, and the last one over by Island Lake where the park is preliminary approval for a subdivision but the park is slaying where it is at, it's just where all the woods is at on the Island Lake side, it's going to be divided up into four lots there. COMMITTEE MEMBER LEIST MOVED to accept Communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS Meeting Schedule: • September 27, 2016 Parks & Recreation Committee meeting at 6:30 p.m. in the KIB Conference Room • October 25, 2016 Parks & Recreation Committee meeting at 6:30 p.m. in the KIB Conference Room CHAIR SALTONSTALL said he might miss the September 27'h meeting. COMMITTEE MEMBER LOST MOVED to accept Reports. VOICE VOT ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMITTEE MEMBER'S COMMENTS Ben Millstein requested to get the minutes a couple of days in advance. He also requested a link to the packet. Smith stated you could get the packet in advance if she gets packet material well in advance of Planning and Zoning. That has been the hold up. Corey Gronn said it would be beneficial to get both committees, the City and the borough, together to discuss Killarney Hills as well as the community gym and some items of similar interest. Patrick Saltonstall said It looks like he will be missing it for A4 and A5. ADJOURNMENT COMMITTEE MEMBER JOHNSON MOVED to adjourn. CHAIR SALTONSTALL adjourned the meeting at 8:45 p.m. KOVEIONJ BOROU HPARKS DREOMMITT By: Patrick 5altonstall, Ch r ATTEST By: lh aCIct Sheila Smith, Secretary Community Development Department APPROVED: October 25, 2016 Kodiak Island Borough Parks and Recreation Committee Minutes August 23, 2016 Page 5 of 5 Architectural/Engineering Review Board Regular Meeting Minut... Page 124 of 141 AGENDA ITEM #18.A.1. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ) S REGULAR M ENGbFC 9 2016 M October 19, 2016 Regular 6:30 CALL TO ORDER CHAIR ARNDT called to order the October 19, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Greg Spalinger and Barry Altenhof due to both being out of town for personal business. Commissioners present were Scott Arndt, Jay Baldiwn, Maria Painter, and Alan Schmitt. Excused was Barry Altenhof and Greg Spalinger. A quorum was established. COMMISSIONER BALDWIN MOVED to excuse Greg Spalinger and Barry Altenhof. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Mason and Sheila Smith. APPROVAL OF AGENDA COMMISSIONER BALDWIN MOVED to add Approval of Minutes to the agenda and to approve the agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER BALDWIN MOVED to approve the September 21, 2016 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. None PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. A) CASE 17-011. Request a Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14, Block 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 1 Architectural/Engineering Review Board Regular Meeting Minut... Page 125 of 141 AGENDA ITEM #18.A.1. Management Officer. The location is 3235 Rezanof Drive East and NHN Woody Way Loop, and the zoning is R2 -Two-family Residential. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY2017-11, recommending retention of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and to adopt the findings of fact listed in the staff report dated October 5, 2016 and entered into the record for this case as "Findings of Fact" for Case No. 17-011. Director Mason reported these five lots in question were purchased with the purpose of locating the new hospital. Site work was done but this location fell through and an alternative site was chosen. Since the mid 90's it has been used for recreational purposes. There have been a number of site improvements made and the use of the facility over the years have increased significantly. The current use with the two sports fields was authorized in 2009 through a joint use agreement with the borough, city, and the school district. That use has continued and the City Parks and Recreation Department has continued maintaining that site. In 2013 Tract R1 was subdivided into the five parcels, and the smaller lots 11-14 were intended for borough land sale 2018 but were withdrawn from that sale. In 2014, the assembly authorized disposal of a larger area that reconfigured those lots into a nine lot configuration. Preliminary plat approval was given for a six lot configuration. The final plat has not been recorded yet. The four smaller lots legally exist. In January 2015, the commission initiated a master planning process but due to staff shortages the project hadn't moved forward much. In May 2016 it was reconfigurated and initiated as a modified master planning process. Since then, Community Development Department staff has gone to an assembly work session where this planning process was a topic of discussion where the assembly decided that it would behoove the borough to move forward with a development planning process where we solicit requests for interests and requests for proposal for developers to come in to give us their thoughts and maybe some plans for the site. This parcel isn't going to be outright sold at a land sale or outcry auction but initiating this Title 18 Land Disposal is a formality with the way our code is written. The parcel is still being used by many organizations for recreational purposes; Little League, Football League, Relay for Life, and the schools. The Comp Plan goals that staff felt consistant with the recommendation are listed in the staff report. Given the history and the public's expectation of a master planning process and their perceived need for a master planning process, staff can't say with certainly that this parcel is surplus to the public's or the borough's need, and that's why staff recommended retention of this parcel. COMMISSIONER PAINTER stated staff initially said they favored this to go for release of public lands, then another staff report said that they didn't want that but she can't find it, and what we're saying now is that we are changing our minds and initially we had a favorable response in 2015 and what she is understanding is now you've changed your mind or is this something that you've heard from the public and that has made staff change their minds, Director Mason stated we have heard a fair bit from the public. Not everyone wants to keep it just as a ball field as is, they would like to see some additional development and they realize the benefit. The last two years or so they've been told they werre getting a master planning process and it's really hard for developers to come up with a plan that meets the communities needs when no planning has been done to determine what the needs of the community are because all of Kodiak is using the fields now. We aren't opposed to development here and it's not intended to bar any development and leaving it as is. It's what we've heard from the community. We Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 2 Architectural/Engineering Review Board Regular Meeting Minut... Page 126 of 141 AGENDA ITEM #18.A.1. don't have a lot of data on how much recreational space we need and how much additional housing we need. It was mentioned today at the Lands Committee meeting the potential of putting business parcels there. We don't know what the demand is for that kind of thing but there's a benefit for having those kinds of neighborhood cluster areas. Staff would like the opportunity to make sure that when we send this out to a developer we're not giving developers a list of things that just staff thinks needs to be there, that it's a list of things the public feels they need there as well. COMMISSIONER SCHMITT stated that the only time staff spoke in favor of disposal was for the four lots that had been subdivided and then the nine lot proposal presented subsequent to that. As far as the rest of the property, he recalls no instance where staff said we should dispose of all of that. In response to CHAIR ARNDT'S inquiry of at this point the planning process has stopped, Director Mason stated at this point we would have been into public meetings. In response to COMMISSIONER PAINTER's inquiry of the September 281h letter from Duane Dvorak one of the findings of fact was the subject parcel may not be capable of providing suitable urban residential building sites based on topographical constraints; drainage, access, utility issues, etc. but then she looked in August of 2015 it states that as far as buildability minimal site grading would be necessary for most any type of development compared to the most other sites in or around Kodiak so it's going from one to the other. She wants it clarified if you have any idea of where staff stands now as far as buildability, etc. Director Mason said there is not any topographical issues. Director Mason said she was looking for the letter Painter is referring to but she is not finding it. COMMISSIONER PAINTER said for Director Mason to give her her opinion at this point based on her research. Director Mason stated it is buildable, all of the parcels in question are buildable. Mr. Kozak, Public Works Director, provided some of his thoughts in a public comment for this case. There's no topography issues that she is aware of. COMMISSIONER SCHMITT stated it's not the topography but the access and primarily sewer services. That's the primary reason the four lots that have been subdivided haven't gone on sale because they don't have sewer service to them, and it's going to cost in the range of $300,000 to put a sewer line in to service those lots. The property has been excavated down to bedrock so to put in the sewer and water services to it would require blasting and trenching which will not be cheap. Open public hearing: Corey Gronn, City Parks and Recreation Director, stated as a resident he urged the commission to consider continuing with the master planning process. This parcel is of significant interest and to forego the process of master planning is not in the best interest of the public. The Joint Use Agreement is in affect and renewal is on an annual basis. Per that agreement, the borough is supposed to notify the city of any major changes to that agreement which this property is that and that has not been done. He's asking the commission to vote it down and to continue the master planning process and let the public speak on it. Duane Dvorak, KIB Resource Management Officer and agent, stated he doesn't agree with the recommendation. He got back from leave last week and brought this staff report tonight to handout. He wouldn't ask the commission to make a decision based on this input that no one has seen. The value of the property is assessed upwards of $2 million, Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 3 Architectural/Engineering Review Board Regular Meeting Minut... Page 127 of 141 AGENDA ITEM #18.A.1. that's money the community has invested in this property. With a negative recommendation there's no way for the community to realize any compensation of that investiment. Ultimately, the assembly is going to make the final decision on this request and you have an opportunity to influence that decision but if you just say no, particularly on the limited basis presented in this staff report. The staff report has some good information but this isn't a parcel like you see that's on some public use land that we're trying to rezone, amend the Comp Plan, and get a disposal authority. It's zoned R2 and has been for a long time. It's designated for urban residential plan in the Comp Plan. Staff is aware of the three agency agreement. The agreement was held by the Borough Manager for several months because of the closure of Jackson's Mobile Home Park and the purchasing of the apartments downtown. As far as the recreational use of the property, the borough has non -area wide parks and recreation authority, it doesn't have the aurthority to have recreational facilities inside the city. The borough has no plans to develop this property for any purpose at this time. Other than this three agency agreement which keeps the borough at arms length, we provide the land, the city provides the maintenance, the city and the school district are all involved. We are basically giving it to the city and the community for this recreational purpose but the improvements aren't all that substantial. Maybe there's not a lot of data that says Kodiak needs parks or housing but should you be hamstrung from making a decision. Linda Freed, Woody Way resident, stated her understanding of the resolution recommends at this point the property is not surplus to the borough's needs. She believes it's true until a planning process has been completed so that determination has been fully vetted and you can make a decision based on good information. She watches people on that field on a daily basis from her window and there are many people involved in sports leagues, people with kites and Frisbees, and schools use the field for sports. She isn't sure if there are adequate replacement locations for those opportunities..She based that on her involvement with the three agency agreement for Parks and Recreation. One of the reasons the City of Kodiak was interested in working originally to put city dollars into borough property as well as continued maintenance because of the need for those facilities to supplement what already existed in the community. Hence the agreement to maintain borough lands for public recreation in the community by the City of Kodiak. It is not an insignificant amount of money the city spends on those facilities. The benefit to the city as a community is we also get to use the school district facilities for other kinds of recreational purposes. If the borough is interested in moving forward with land disposal, the borough should take intitiative to follow up and finalize those plats on the lots on Woody Way. Probably, the reason it hasn't happened is because of the cost. Mr. Dvorak said this property is worth $2 million, she thinks it might cost that much to develop it. Without going through a planning process that identifies what policy direction the borough wants to go and with public input, do you want to have three acres of recreation there or do you want to have five acres, do you want to make sure that those wetlands are protected because historically, the borough has done a poor job of making sure drainage is protected so the people upstream or downstream don't have problems. The cost of the development for this property is something the borough should have a handle on before it moves forward even with requesting development proposals. It's imperative to make sure the drainage is taken care of. It's important for the whole community to understand what could happen on the property and there should be a comprehensive thoughtful process for looking at what that development should be. She's concerned with the wetlands being filled in as we've seen happen in the past and have a mess later on that the city Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 4 Architectural/Engineering Review Board Regular Meeting Minut... Page 128 of 141 AGENDA ITEM #18.A.1. would have to deal with. Think about the drainage issues on Selief Lane. The borough needs to continue with the planning process to identify what the best use for the property is. Close public hearing: COMMISSIONER SCHMITT expressed concern about not receiving a public hearing notice and the notification list not being included in the packet, the Borough Parks and Rec Committee didn't have a quorum for their last meeting and they have significant interest in this item. He feels this should be postponed until next year to allow for re - noticing and to get Parks and Rec's input. Commission discussion re: tonight's information not talked about at the joint Assembly, P&Z work session, the need for another joint work session, the city investing a significant amount of time and money for dirt, sod, etc. to make the fields, and postponement. Director Mason apologized for not having the notification list in the packet, she missed it. She also stated the R2 zone isn't just for residential, parks and playgrounds is a permitted use. Director Mason and Larry LeDoux discussed a timeline, the long timeline being a concern for some of the assembly members but the more traditional planning process and timeline that was presented in May was the favored tool by her predecessor. It was tried and true and has been used many times but there are other more intense and engaging ways to get the process moving a little faster. We could get more accomplished in a shorter amount of time, staff would be willing to use those tools in a new proposed planning process and perhaps discuss it in a joint work session. Mason told COMMISSIONER PAINTER that she looked through the packet and she is not seeing a letter dated the 26`" that Painter was referring to. COMMISSIONER PAINTER wanted to give it to Mason after the meeting. COMMISSIONER SCHMITT MOVED to postpone Case 17-011 to the February 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A. September Planning and Zoning Commission Case Results Letters B. Code Enforcement Communications C. Case 16-010 Assembly Results Letter COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • November 9, 2016 Work Session -6:30 p.m. -Borough Conference Room • November 13-15, 2016 Commissioner Training and APA Conference -Anchorage Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 5 Architectural/Engineering Review Board Regular Meeting Minut... Page 129 of 141 AGENDA ITEM #18.A.1. November 30, 2016 Regular Meeting -6:30 p.m. COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855492-9202. None STAFF COMMENTS Director Mason stated the assembly passed the chicken ordinance so we will be getting that on your agenda as a work session item hopefully in December, if not in January. COMMISSIONER COMMENTS Maria Painter said she found the letter she was looking for for Director Mason. Alan Schmitt said when we deal with this again ideally we will have more than four commissioners which is good when we have important matters. Jay Baldwin stated he has a concern regarding a case that was decided on by P&Z and then reversed by the assembly. He was unavailable when it went to the assembly but the comment that came back was a main reason it was a fear of legal reprisal. He's not mad about the reversal, we all have our different opinions but a decision based on reversal out of fear that we're not representing our community or what we're're saying is that the individual does not have the same chance for comments or reversal that a bully can. What he's hearing from the echelon is that maybe we should be having attorneys making our plans and recommendations for Planning and Zoning. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:23 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Scott Arndt, Chair ATTEST: By: ]on C -S; tL � J Sheila Smith, Secretary Community Development Department APPROVED: November 30, 2016 Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 6 Architectural/Engineering Review Board Regular Meeting Minut... Page 130 of 141 Service Area No. 1 Board Regular Meeting February 29, 2016 6:30 p.m. Kodiak Fisheries Research Center 1. CALL TO ORDER Chair Scott Arndt called the meeting to order at 6:31 p.m. 2. ROLL CALL AGENDA ITEM #18.A.1. 1 NOV 3 0 2016 Board Secretary Jenny Clay conducted a roll call and present were Chair Scott Arndt, Board Members Paul Hansen, Ed Mahoney, Dennis Symmons, Bill Mann and Natasha Hayden. Mike Sirofchuk was absent. A quorum was established. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF AGENDA MAHONEY MOVED to approve agenda for February 29, 2016. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF PREVIOUS MINUTES —Regular Meeting February 8, 2016 SYMMONS MOVED to approve the minutes of February 8, 2016. Mahoney stated: " That this language here about the equipment, it wasn't so much that Mr. Arndt was operating a piece of equipment, it was the fact that there was a piece of equipment there that perhaps that Mr. Arndt had control over or arranged to have there. That was my comment and we can check the recording. It seemed like the piece of equipment was brought in and we got somebody here who can help us out. Perhaps that Mr. Arndt had kind of, for the lack of a better word, suggested that this piece of equipment be brought and rented. I am assuming that the Service District Contractor rented it from someone I don't know who, but I think Mr. Arndt had control over it and that was my intent, not so much that he was operating it." Arndt stated: "So how do you want to reword it Ed?" Secretary Clay stated: "How exactly do you want me to say this." Mahoney stated: 'I think we should check the ..." Secretary Clay stated: "Do you want me to write it word for word?" Mahoney stated: "Sure." VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT Chair Arndt reported that we had some mild weather and worked on ditches and culverts. It was a very wet month so grading was done when possible. Board discussion ensued. Service Area No. 1 Board Arch itecttirbAf@mtjFh#Wng Review Board Regular Meeting Minut... Iof3 Page 131 of 141 AGENDA ITEM #1 B.A. 1. SYMMONS MOVED to Acknowledge Receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS None. L --L.1. CHAIR'S REPORT None. 8. PUBLIC HEARING ON FY2017 BUDGET Chair Arndt presented the Budget worksheet to the Board noting that no changes were made since the last meeting. HANSEN MOVED to approve the FY2017 Budget. Chair Arndt closed the regular meeting and opened the public hearing on the FY2017 Budget. Hearing and seeing no comments by the public, Chair Arndt closed the public hearing and reconvened the regular meeting. Board discussion ensued. ROLL CALL VOTE ON MOTION CARRIED 6 TO 0. 9. NEW BUSINESS A. Shahatka Circle topographic survey Information — To Review Drainage Problems Both Chair Arndt and Ed Mahoney presented their viewpoints on how to resolve the drainage problems. Board discussion ensued. Chair Arndt discussed a series of steps to accomplish the drainage problem: l.Obtaining three easements (Mill Bay Plaza, Spalinger and Olson Properties) by utilizing the Borough Attorney, 2.Obtain the Engineered Design 3. Project out to Bid. Chair Arndt was looking for approval to check with Borough acquiring the easements. SYMMONS MOVED to acquire the easements NTE $5,000 including the legal fees. Board discussion ensued. ROLL CALL VOTE ON MOTION CARRIED 6 TO 0. B. AIM Maintenance 2"d Year Extension Chair Arndt asked the Board to recommend a 2"d one Year Exlention on the road service contract for AIM Maintenance. SYMMONS MOVED to extend AIM Maintenance for the 2"d one year Extension. ROLL CALL VOTE ON MOTION CARRIED 6 TO 0. 10. VISITOR COMMENTS None 11. BOARD COMMENTS 2of3 service Area No. 1 Board Architecture—U MiIM?lb" Review Board Regular Meeting Minut... Page 132 of 141 AGENDA ITEM #1 B.A. 1. D. Symmons — He commented that one of the good things about AIM Maintenance was that they are a family owned business. He enjoyed working with them and was glad the board chose them to continue. E. Mahoney — None. P. Hansen — None. N. Hayden — She has a big pot hole at the bottom of her driveway on Neva Way. She wanted to know what the procedure was for getting it fixed. Chair Arndt informed her it was a State Road and she would have to contact them. She enjoys the discussions and appreciated all the work that Scott Arndt does. Scott does a very good job. B. Mann — He also appreciates what AIM Maintenance was all about. S. Arndt — None. 12. MEETING SCHEDULE Next meeting was to be determined by Chair Arndt. 13. ADJOURNMENT SYMMONS MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Meeting was adjourned at 7:18 p.m. Je y Clay Engineering/Facilities Approved By: SC'd�/✓ �a�C/ Scott Arndt, Chair Service Area No. I Service Area No. 1 Board Architecttlitli it)iPre?8ft Review Board Regular Meeting Minut... Date: // 027 l0 7/��p Date: a y z % A416 3of3 Page 133 of 141 WOMENS BAY SERVICE AREA REGULAR MEETING MINUTES DEC 2 7 2016 Date: November I, 2016 Call to order: 7:08 pm GENDA ITEM #1 B.A. 1. IGINAL Commissioners Present: Bill Ecret, Jason Chandler, Dave Heuman, John Isadore, George Lee and Chris Windnagle. Commissioner excused: Dave Conrad Dale Rice, Fire Chief. Kevin Arndt, Contractor. Katy Heglin, resident. Minutes approved and signed: Regular Meeting of Oct 4, 2016 Citizen Comments: • Katy Heglin requested ditching on Kalsin be addressed to restore proper function Contractors Comments: • 2 work orders in progress o Brushing done and Ditching continues o More Crack sealing supplies on hand if weather permits Chairman's Comments: • Brushing is done but Ditching remains, Crack sealing to be closed out for winter Unfinished Business: Fire Department • Turnout Replacement; 2 quotes rcvd. Approx 23k • Scott Pack Replacement: 2 quotes rcvd., approx 68k • Emergency Generator: 3 bids rcvd. Approx. 24k • Em Shelter Convenience Sink Cabinet installed. • Elect warranty work re: conductor size to hot water heaters at sinks pends • Ext Lighting by tank/gen set • Replace and move zone valves Road Service • KIB/SAB lease update status Architectural/Engineering Review Board Regular Meeting Minut... Page 134 of 141 AGENDA ITEM #1 S.A. 1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES • Sgt. Ck. Ditch contours at QAP asphalt plant entrances needs to be returned to working condition following construction work, DC and GL to follow up with property owner. • Fish Friendly culvert at Mid Bay/Chiniak to be funded by USF&W New Business: Fire Department • New tum -outs approved for purchase, NTE 25K, moved and seconded, passed unanimously. • Em Gen approved for purchase, moved and seconded, passed unanimously. Road Service,• • Ditching on Kalsin and Preston to be addressed Friday, Nov 4 Board Member comments • DH; KEA work on Kalsin roadside conductor replace, upgraded culvert at pedes- tal upon concern • GL; QAP site shoulders need return to Standards. • JC; Cable at bollards at Pan Ck Dr end being circumnavigated. • CW; Pleased to be on the Board. Next Regular Meeting Dec 6, 2016 7:00 PM at the WBFD Meeting adjourned at 8:47 pm ��1� 3tit s. rr�r CHAIRPERSON WITNESS Architectural/Engineering Review Board Regular Meeting Minut... Page 135 of 141 TO: Mayor and Assembly AGENDA ITEM #18.6.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending November 30, 2016 PLAYGROUND REPLACEMENTS This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of playground equipment at the schools in Akhiok, Chiniak, Karluk, Old Harbor, Ouzinkie, and Port Lions. Staff has received approval from the Alaska Department of Education and Early Development to use surplus funds from the East Elementary Roof project to include Larsen Bay as part of this project. In June and July 2016 staff travelled to all six villages and Chiniak to meet with community members and get input on what types, styles, colors, etc. of equipment best suits their needs. The selection process and pricing of the new equipment is now complete, and on December 1, 2016, the Assembly approved a change order to order the equipment. The equipment is scheduled to be delivered to Kodiak in May 2017. In early 2017 staff will issue a bid package for installation to occur during summer 2017. EAST ELEMENTARY INTERIOR RENOVATION This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of flooring, cabinets, countertops, plumbing fixtures, and doors at East Elementary. Jensen Yorba Lott is the architect and began the design process in July 2016. The Architectural/Engineering Review Board (ARB) met on November 7, 2016 and approved the 65% design documents, and a follow up ARB meeting is scheduled for December 12, 2016, to review the 95% design documents. Construction for this project had been planned for summer 2017, but after discussing the scope of work with the School District, the project will now be split into two phases. The first phase will be renovation of existing restrooms and will be completed in summer 2017. The second phase will be hazardous material abatement and installation of new flooring, cabinets, countertops, and doors, and will be completed in summer 2018. KODIAK MIDDLE SCHOOL FIRE ALARM, CONTROLS, ELEVATOR This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of fire alarm devices, mechanical controls, and elevator controls at Kodiak Middle School. Jensen Yorba Lott is the architect and began the design process in July 2016. The Architectural/Engineering Review Board (ARB) met on November 7, 2016 and approved the 65% design documents, and a follow up ARB meeting is scheduled for December 12, 2016, to review the 95% design documents. An Invitation to Bid is scheduled to be issued in January 2017, and construction is planned for summer 2017. November 2016 Change Order Report, Other Projects Report, Pr... Page 136 of 141 AGENDA ITEM #18.8.1. FLOORING REPLACEMENT— AKHIOK, KARLUK, OUZINKIE This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of flooring at the schools in Akhiok, Karluk, and Ouzinkie. Jensen Yorba Lott is the architect and began the design process in July 2016. The Architectural/Engineering Review Board (ARB) met on November 7, 2016 and approved the 65% design documents, and a follow up ARB meeting is scheduled for December 12, 2016, to review the 95% design documents. An Invitation to Bid is scheduled to be issued in January 2017, and construction is planned for summer 2017. BAYSIDE FIRE DEPARTMENT WINDOWS The Projects Office has been assisting the Fire Protection Area No. 1 Board with installation of new windows in the upstairs apartment at Bayside Fire Station. The Board previously purchased the windows, and staff issued an Invitation to Bid for installation on October 7, 2016. Three bids were received and Ahtna Environmental of Anchorage was the low bidder. Ahtna started work on November 14, 2016 and completed the installation on November 17, 2016. Before and After Photos BALER BUILDING ROOF Design is underway to replace the roof of the Baler Building which has not been replaced since the building was originally constructed. The roof leaks badly and is overdue for replacement. Jensen Yorba Lott is working on design for this project. The Architectural/Engineering Review Board (ARB) met on November 7, 2016, to review the design documents and questioned the decision to overlay the existing metal roof rather than tear it off and replace it with a new metal roof or insulated panel system. Staff is Project Status Report — November 2016 Page 2 November 2016 Change Order Report, Other Projects Report, Pr... Page 137 of 141 U4401 UPIVER-61 ) compiling pricing information for the various roof systems that will be presented to the ARB at their next meeting on December 12, 2016. CHINIAK TSUNAMI SHELTER Staff has had several meetings with the Chiniak community to discuss the details of a new building to replace the shelter and library lost in the Twin Creeks fire. Staff will be providing an informational update to the Assembly in the December 15, 2016, agenda packet. Assuming the Assembly concurs with staff's approach, design will begin on the new facility. Construction is tentatively scheduled for summer 2017. LAKE CABIN FISH PASSAGE In 2014 and 2015 KIB assisted the Kodiak Soil and Water Conservation District (KSWCD) with replacing three culverts leading from Lake Orbin to the Russian River, in order to aid fish passage. KSWCD has received additional funding from the United States Fish and Wildlife Service to replace a culvert under Middle Bay Drive and remove a debris dam at Beaver Lake. KIB is managing the design and construction of this work, in conjunction with both KSWCD and USFWS. The first step in design is survey of the two sites which was completed during the week of November 28, 2016. Costs for this project are reimbursed by USFWS through KSWCSD. Project Status Report— November 2016 Page 3 November 2016 Change Order Report, Other Projects Report, Pr... Page 138 of 141 AGENDA ITEM #18.6.1. November 2016 Change Order Report, Other Projects Report, Pr... Page 139 of 141 O 00Cli h N O V N 0 O M 00 1� n Ql V1 C W t+1 K1 N N t4 V V} yry N 0000 M Ill h N N N O • Il n In N N rtl • O C o a a i m w a o n o LO m Vl q N �° h o ;' o a L p v oI vl v'�i bb FN t 0 c0 a a L m M c e a a Ln QJ CO W N W W Y ar E C C vbi a C -p o '^ a �* Coz 'v E E . Irl O m Y v a ni vi of �R m 22 fC •O W � o mo `o Lo m a a w N ° o Y0 o 'QJ a c v & a a a CX. v w a a o v d o a an co ,n C an a W a m m o 0 m m r1 M M V M R � ul o e vri •-i N I� Y �.. � .�.. Com... N_ j m ry Co m Y m O C c O W O O 2 O CC M • o .01 a N o OI a Y OI QI y 0 E O t 0 vO � mc E c C c c C CU l�7 o, c 1p Q l7 a c aai Cr D l� c 0 l� e E .°a C M A w Y a November 2016 Change Order Report, Other Projects Report, Pr... Page 139 of 141 AGENDA ITEM #18.6.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Michael Powers, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending November 30, 2016 Below is a summary of approved change orders for capital projects for November 2016: Lake Orbin Fish Passage Project Jensen Yorba Lott, Inc. — Contract 2014-13 Change Order #37 - $64,880.00 Provide hydrological survey and design services for the Lake Orbin Fish Passage Project per cost proposal dated November 10, 2016, including: • Task 1- Middle Bay Drive Site Survey • Task 2 - Beaver Lake Debris Dam Site Survey • Task 3 - Hydrologic/Hydraulic Report for Middle Bay Drive Culvert • Task 4 - Middle Bay Drive Culvert Plans, Specifications, and Construction Cost Estimates • Alternate 1- Geotechnical Site Investigation • Alternate 2 - Beaver Lake Dam Debris Removal Plans, Specifications, and Construction Cost Estimates Funding for this project is provided by the U.S. Fish and Wildlife Service through the Kodiak Soil and Water Conservation District. Change Orders — November 2016 November 2016 Change Order Report, Other Projects Report, Pr... Page 140 of 141 m Q Ca C Y V Y November 2016 AGENDA ITEM #18.8.1. V ° V N .Z a e a d a 4 a V 2 ° 8 m a m v v 3 a m ° L e O U s o � 0 C U f w W e n n y L v W p O W � l $ � 3 v ° � � a 'm c m � u o t ° a q O � a � a a o° n a o E ! a e S n � � o E ° n n ° v � v a � a � � � v ° U C U L L G U n U � C o E ° 2 c O e U E a ° ° a � a°i o g m 3 n i u° n Other Projects Report, Pr... Page 141 of 141 Kodiak Island Borough Assembly Regular Meeting Guidelines January 19, 2017, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly Member who may be absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA 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. Summary of Consent Agenda Items: * Special Meeting Minutes Of November 10 And November 28, 2016. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES * Special Meeting Minutes Of November 10 And November 28, 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 Kodiak Island Borough Assembly Guidelines January 19, 2017 Page 1 7. AWARDS AND PRESENTATIONS A. Stalking Awareness Month Proclamation — Mayor Rohrer • Accepting: Beth Davis, KWRCC Outreach Coordinator. B. Employee of the Quarter Award Presentation — Manager Powers. C. Longevity Awards Presentation — Manager Powers. 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two -Family Dwellings. The motion on the floor is to adopt Ordinance No. FY2017-22 (Version 4). Note: Attached on Yellow paper are version 2 and version 4. Version 4 is the version that is on the floor. Depending on the discussion of the Assembly, this could be amended again and advance the latest amendment to public hearing at the next regular meeting of the Assembly. Staff Report —Manager Powers. Assembly discussion. Recommended motion: Move to amend Ordinance No. FY2017-22 by ROLL CALL VOTE ON MOTION TO AMEND. After all amendments have been made: ROLL CALL VOTE ON MAIN MOTION AS AMENDED. Note: Whenever substantial amendments are made to an ordinance, the Assembly should consider advancing the latest version to public hearing. Recommended motion: Move to amend the motion to advance Ordinance No. FY2017-22 as amendmented to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. Kodiak Island Borough Assembly Guidelines January 19, 2017 Page 2 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2017-27 Approving The Disposal Of A t 35 Acre Portion Of The Remainder Of Lot 1, U.S. Survey 2539 By Direct Negotiation Of A Lease At Fair Market Value To Golden Alaska Excavating, LLC For The Purposes Of Resource Extraction And Stockpiling (P & Z Case No. 17-012). Recommended motion: Move to adopt Resolution No. FY2017-27. Note: If the Assembly desires to fail this Resolution, the members need to vote "no." The motion needs to remain in the positive tone. Failure to adopt this item would kill/defeat the resolution. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2017-25 Amending Kodiak Island Borough Code Subsection 2.30.070(K) Privileged Motions To Provide A Special Parliamentary Rule Allowing The Assembly, By Majority Vote, To Postpone An Action Item Beyond The Meeting Limitation Set Out In Roberts Rules. Recommended motion: Move to adopt Ordinance No. FY2017-25 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Deputy Clerk MacKenzie. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 19, 2017 Page 3 D. Other Items 1. Confirmation Of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council. Recommended motion: Move to confirm the mayoral appointment of Mr.( ) to the Cook Inlet Regional Citizens Advisory Council for a three year term to expire March 2020. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Appointments to the Providence Kodiak Island Medical Center Community Advisory Board (Ms. Carol Juergens, MD and Ms. Gretchen Saupe). Recommended motion: Move to voice non -objection to the re appointments of Ms. Carol Juergens, MD and Ms. Gretchen Saupe to the Providence Kodiak Island Medical Center Community Advisory Board for a terms to expire December, 2018. Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Rohrer The next Assembly work session will be held on Thursday, January 26 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled for Thursday, February 2 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Guidelines January 19, 2017 Page 4 16. EXECUTIVE SESSION A. Discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska, Department Of Environmental Conservation's Notice Of Violation For Kodiak Incinerator Re: Medical Waste Incinerated At Landfill. Recommended motion: Move to convene into executive session to discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska, Department Of Environmental Conservation's Notice Of Violation For Kodiak Incinerator Re: Medical Waste Incinerated At Landfill. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Borough Mayor, Assembly, Borough Manger, E/F Director, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION. After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announces: • The Assembly discussed negotiation options and litigations tactics and strategies: State of Alaska, Department of Environmental Conservation's Notice of Violation for Kodiak Incinerator Re: Medical Waste Incinerated at Landfill and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. Assembly discussion. ROLL CALL VOTE ON MOTION. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 19, 2017 Page 5 M \ IN ) K K K K 9 K K U) 7 9 \ # E n!!, $ w w 0 \ 0 E ±CD 7}; C X / ° § 0 w -§ § M- ƒ\��� [ 2 ! \ z ° �}SD CD )}f U 7 0 o \ } \ < ) \ § j \ / CD § § CD 0 } CD < CD 0 CD ` \ g o z § ƒ0 ®(§ ) m < F w f m F e U)/) F m 7 n , <\/ § ] = ° + r F$ z . 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U) m n 0 0 Z 0 0- CD = ° O -t o m N > 3 > 0 0 m o C x o w CD Q < O J (D Q N m < N 2 O C) CSD m CD Q .II N 0 FD' CD 0 (D N N CD CL m CD 0 0 W CD CD 0 x O v_ D r D Z a W O m O c t7 S N cn m S O r ^r 0 a r r N S m m a o -1 o � c CD �M*- KO 'AK ISLAND BOROUGH �, ,,(, REGULAR MEETING Regular Meeting of: )Z -Z0/ 7 Please PRINT your name Please PRINT your name J� ��r"o �w View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At Its Special Meeting Of January 19, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, February 2, 2017, At 6:30 P.M. in The Borough Assembly Chambers. PROCLAIMED The Month Of January 2017 As National Stalking Awareness Month And Applauded The Efforts Of The Many Victim Service Providers, Police Officers, Prosecutors, National And Community Organizations, And Private Sector Supporters For Their Efforts In Promoting Awareness About Stalking. ANNOUNCED 5-Year Longevity Awards To Dora Cross, Finance Director And Jeanne Miller, Accounting Technician/Accounts Payable In The Finance Department; And A 20-Year Longevity Award To Meagan Christiansen, Grant Writer/Special Project Support In The Manager’s Office. AMENDED, POSTPONED Ordinance No. FY2017-22 Amending Title 15 Buildings And Construction Chapter 15.10 Building Codes To Readopt The 2012 International Residential Code For One And Two- Family Dwellings To The Next Regular Meeting Of The Assembly. FAILED Resolution No. FY2017-27 Approving The Disposal Of A ± 35 Acre Portion Of The Remainder Of Lot 1, U.S. Survey 2539 By Direct Negotiation Of A Lease At Fair Market Value To Golden Alaska Excavating, LLC For The Purposes Of Resource Extraction And Stockpiling (P & Z Case No. 17-012). ADVANCED Ordinance No. FY2017-25 Amending Kodiak Island Borough Code Subsection 2.30.070(K) Privileged Motions To Provide A Special Parliamentary Rule Allowing The Assembly, By Majority Vote, To Postpone An Action Item Beyond The Meeting Limitation Set Out In Roberts Rules To Public Hearing At The Next Regular Meeting Of The Assembly. CONFIRMED The Mayoral Appointment Of Mr. Crow To The Cook Inlet Regional Citizens Advisory Council For A Three Year Term To Expire March 2020. VOICED NON-OBJECTION To The Re Appointments Of Ms. Carol Juergens, MD And Ms. Gretchen Saupe To The Providence Kodiak Island Medical Center Community Advisory Board For Terms To Expire December, 2018. CONVENED Into Executive Session To Discuss Negotiation Options And Litigation Tactics And Strategies: State Of Alaska, Department Of Environmental Conservation’s Notice Of Violation For Kodiak Incinerator Re: Medical Waste Incinerated At Landfill; INVITED The Borough Mayor, Assembly, Borough Manger, E/F Director, And Clerk’s Office Staff Into Executive Session; And ANNOUNCED That No Action W ould Be Taken As A Result Of The Executive Session And Instruction Had Been Given To The Borough Manager, Who Would Report Back At A Later Date. Vol. FY2017, No. 19 January 20, 2017 Kodiak Island Borough Assembly Newsletter