FY2017-29 Amending Sections Of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General, To Address Certain Methods And Means Of Borough Land Disposal Process1
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Introduced by: Borough Manager
Requested By: Lands Committee
Drafted by: Resource Management Officer
Introduced on: 05/04/2017
Public Hearing Date: 05/18/2017
Amended: 05/18/2017
Adopted on: 05/18/2017
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2017-29
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
SECTIONS OF KODIAK ISLAND BOROUGH CODE TITLE 18 BOROUGH REAL
PROPERTY, CHAPTER 18.20 REAL PROPERTY DISPOSAL — IN GENERAL, TO ADDRESS
CERTAIN METHODS AND MEANS OF BOROUGH LAND DISPOSAL PROCESS
WHEREAS, the Kodiak Island Borough Lands Committee has reviewed KIBC Title 18 with the
intent to suggest alternative disposal methods and means to encourage and permit
Public/Private Partnerships as one of the tools that can be used to determine the ultimate
development vision for borough lands slated for disposal generally; and
WHEREAS, the Borough Lands Committee has discussed the potential language changes
recommended below as amendments to the Kodiak Island Borough Code of Ordinances over
the course of several meetings in September through December of 2016; and
WHEREAS, the Borough Lands Committee has concluded its review and editing of proposed
changes to KIBC Title 18 and hereby recommends the following amendments to the Kodiak
Island Borough Code of Ordinances; 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 KIBC Chapter 18.20 is hereby amended by adding a new section 18.20.085 to
read:
18.20.085 Sales or Lease by request for proposals (RFP)
A. Upon direction of the assemblv. following a public he
limited to those which have been approved for disposal by the assembly under KIBC
18.20.020.
B. The manager, subject to review by the assembly, shall prepare a request for
proposals which includes:
45 1 1. The borough -owned real property to be disposed of.
Kodiak Island Borough, Alaska
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Ordinance No. FY2017-29
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2. Terms and conditions of the disposal.
3. Intended use and limitations on use of the property.
4. Minimum requirements for use and development.
5. The deadline for submitting responses or development plans.
Section 3: That section 18.20.090 of the Kodiak Island Borough Code of Ordinances is hereby
amended to read as follows:
18.20.090 Development plans and responses to a request for proposals.
A. To qualify to bid for a disposal requiring a development plan or in response to a request
for proposals, a prospective bidders must shat) meet the requirements of KIBC
IMM
1. A lavout sketch, drawings, photographs, or other graphics showing reasonable
use of the area being offered and the nature of improvements to be constructed:
2. The estimated cost and value of the capital improvements to be placed on the
land and type of construction:
3. A development schedule showing a time -frame during which the improvements
will be constructed:
4. How the proposed development shall conform to the zoning and building codes,
and all applicable federal, state and local laws:
5. How the proposal meets the goals of the request for proposals:
Kodiak Island Borough, Alaska
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6. The short and long-term direct and indirect financial benefits the proposal
provides to the borough;
7. The short and long-term direct and indirect benefits, other than financial, that
the proposal provides to the borough;
8. The short and long-term financial or other obligations the proposal places on the
borough;
9. Creditable evidence, acceptable to the borough, that the person can meet the
obligations, other than financial, as contained in their proposal;
44. The-rentaoF resale-prise&t"e-eharged-by-the-proposes and
10. Other requirements as may be stated in the request for proposals.
E. The manager may FeqYiFe preof of an appliGaR+'s an,ansi., a-bi ity t p eye the
proposed develepmeaE
C. Proposals that fail to meet the minimum standards as set forth above shall be
considered non-responsive.
F. The develeprnent plan-aad schedule-49r-develeprnent may be4noerporated into the dispesal
sentfaeVer eRfersemeRt of its GE)MpletiOP,
D. After a public hearing, proposals shall be evaluated based on short and long-term
benefit to the borough, how the proposal addresses the request for proposals, and
other factors as may be determined by the manager.
E. An apparent successful proposal shall be selected within 30 to 120 days of the
proposal submittal date.
F. A successful proposal may be selected and be awarded that is not based solely on
the highest immediate financial return to the borough, but on the proposal that
provides the most overall short and long-term benefit to the borough.
any public records.
H. Negotiations may commence with the apparent successful proposer to refine the
proposal and terms and conditions to meet the overall objectives of the borough.
I. Negotiations with a proposer shall continue until either an agreement or an impasse
is reached. If an impasse is reached, the borough may commence negotiations with
the applicant with the next highest rated proposal.
J. The apparent successful proposal must be approved by the borough assembly. A
best interest finding prepared by the manager must accompany the recommendation
to the borough assembly. In the best interest finding it must be stated how the
proposal meets the objectives of the request for proposal and how the proposal is in
the best interest of the borough.
K. The development plan and schedule for development may be incorporated into a
disposal or development contract for enforcement of its terms, conditions, and
completion.
Effective Date: This ordinance takes effect upon adoption.
Kodiak Island Borough, Alaska
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ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS EIGHTEENTH DAY OF MAY, 2017.
KODIAK ISLAND BOROUGH
aniel A. Rohrer, Mayor
ATTEST:
1 WA �.
Nova M. Javier, MMC, 6lerk
UNANIMOUS VOTES:
Ayes: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, Skinner
Kodiak Island Borough, Alaska
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