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2008-08-07 Regular Meeting
Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, August 7, 2008, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINI A. *June 26, 2008 Special Meeting, June 19 2008, and July 17, 2008 Regular Meetings. 6. AWARDS AND PRESENTATIONS .. A. Employee of the Quarter 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS A. Alaska Aerospace Development Corporation Update — Dale Nash, CEO 9. PUBLIC HEARING s1 I A. Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. B Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek �y tip' Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P &Z Case 08 -023.) / C. Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. `k Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of L. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2009 -02 A/E Contract With ECI /Hyer, Inc. for Architectural Programming for Near Island Research and Administrative Facility. 2. Contract No. FY2009 -03 Recycle Services With Threshold Services, Inc. B. Resolutions — None. C. Ordinances for Introduction 1. Ordinance No. FY2009 -05 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government. 2. Ordinance No. FY 2009-01B Amending Ordinance, No. 2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. D. Other Items 1. Assembly Review of Case 08 -002., Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business and Directing Staff to Prepare an Ordinance for Introduction. 2. Mayoral Appointment(s) to the Solid Waste Advisory Board. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Regular Meetings of April 15 and May 20, 2008. B. Reports Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 AWARDS AND PRESENTATIONS None. KODIAK ISLAND BOROUGH Assembly Regular Meeting June 19, 2008 A regular meeting of the Kodiak Island Borough Assembly was held June 19, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. Assembly member Friend was absent and asked to be excused due to personal leave. BRANSON moved to excuse Assembly member Friend who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of May 15, 2008 were approved under the consent agenda. CITIZENS' COMMENTS May Stephenson read a letter written by Marion Owen regarding garbage dumpster issues. Barbara Williams read a letter written by Nick Szabo speaking against the Mayoral veto of Resolution No. 2008 -34 and in favor of resolving the legal issues. Barbara Williams spoke in favor of a fair and equitable resolution to the Assembly's legal issues. Mel Stephens spoke in favor of payment of the legal fees for Assembly members Abell, Oswalt, and Stutes. COMMITTEE REPORTS Charlie Peyton, U.S. Army Corp of Engineers Project Manager, provided updates on local projects including continued soil remediation. He announced that they would be available to the public at Safeway on Friday, June 20 3 p.m. to 6 p.m. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 1 PUBLIC HEARING A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. BRANSON moved to adopt Ordinance No. FY2008 -21. The ordinance was requested and sponsored by Assembly member Branson. KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by resolution. The ordinance would clarify the process when individual actions of municipal officials are being challenged or the possibility of individual liability is presented and outside counsel is needed. The ordinance would require that the request for payment be made through the governing body of the Assembly before hiring another attorney. Mayor Selby opened the public hearing. Mel Stephens spoke against the ordinance. Barbara Williams spoke against the ordinance and urged the Assembly to resolve the payment of the legal fees for Assembly members Abell, Oswalt, and Stutes. Shawn Dochtermann spoke in favor of paying all of the legal fees and urged the Assembly to focus on the Crab Rationalization issues. Mayor Selby closed the public hearing. Assembly discussion ensued regarding enforcement issues of the ordinance. ABELL moved to postpone adoption of the ordinance to the regular meeting of August 7, 2008. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Abell, Branson, Jeffrey, and Lynch (Ayes). Oswalt and Stutes (Noes). Clerk's note: Assembly member Oswalt changed his vote to no. B. Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget by Budgeting for Several Grants, State of Alaska Rebate of PERS Prepayments, and Legal Fees in Excess of Budget. OSWALT moved to adopt Ordinance No. FY2008 -01 D. A substituted version of the ordinance was provided to the Assembly. The ordinance would: • Increase the Child Care Assistance budget by $5,086. • Increase the Coastal Management Grant by $3,800. • Set up a project for non - structural seismic mechanical, electrical and plumbing (MEP) upgrades. This would be funded by a State Grant of $132,249. • Set up a project for non - structural seismic bracing. This would be funded by a State Grant of $75,490. • Increase State revenue and reduce use of the fund balance by $411,747, which would be the amount of PERS prepayments rebated back to the borough by the state. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 2 • Increase the legal department funds and increase the use of the fund balance by $30,000. This would be due to legal costs being higher than estimated in the original budget. BRANSON moved to amend Ordinance No. FY2008 -01 D by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, Oswalt, Stutes, and Abell. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Some borough dumpsters had been removed from their normal areas due to recent bear activity. Citizens were urged to use alternate dumpsters and to remain bear aware. • 2008 property tax bills had been mailed. • Bell and Associates, the Solid Waste consultant, would be in Kodiak the week of July 7th to begin a review of the Solid Waste Plan. • A memo was provided by Woody Koning, EF Director, providing updates on the various bond and construction projects. • A special meeting was requested in conjunction with the June 26 Assembly work session in order for the School District to provide an update on the progress of the Master Plan. Consensus of the Assembly was given to schedule the special meeting. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts A. Contract No. FY2008 -40 Kodiak Island Borough and City of Kodiak Animal Control Agreement. Approved under consent agenda. The Kodiak Island Borough and the City of Kodiak jointly fund the animal control program. The City provides the Officer (including the management — payroll, evaluation, and training); the truck (including maintenance); and contracts with the Humane Society to operate the shelter. The Animal Control Officer patrols the City limits as well as the remainder of the road system outside the City limits. The population of the area is roughly split 50 -50 between city residents and non -city residents. Humane Society statistics for FY07 was provided, demonstrating that a large number of animals (especially dogs) and various types of animals were processed through the shelter. There was a change to the budget increasing the amount from $72,380 in FY08 to $84,125 for FY09. The increase was for professional service expenditures associated with the running of the Kodiak Island Borough Assembly Minutes June 19, 2008 Page 3 shelter and included such things as veterinary costs, building operations, maintenance and improvement costs. The term of the contract was for two years and would expire on June 30, 2010. B. Contract No. FY2008 -26A Amending Contract No. FY2008 -26 Agreement Between the Kodiak Island Borough and Jensen, Yorba, Lott Inc. for the Apparatus Garage Addition to the Existing Bayside Fire Hall. JEFFREY moved to authorize the manager to execute Contract No. FY2006 -26A, an amendment to Contract No. FY2008 -26, with Jensen Yorba Lott, Inc. of Juneau, Alaska for the apparatus garage addition to the existing Bayside Fire Hall in the amount not to exceed $125,929. Fire Protection Area No. 1 (FPA #1) Board requested that the Borough procure an architectural firm to design an addition to the existing facility to house newly acquired equipment and provide for other identified needs. An RFP was issued and the Architectural Review Board selected RIM Architects as the first choice and Jensen Yorba Lott as the second choice. KIB entered into an agreement with RIM Architects to provide a program document and an estimate for construction costs. RIM's first deliverable exceeded the available budget by a considerable amount. RIM's second attempt resulted in project cost estimates unsatisfactory to the FPA #1 Board. The Board requested staff to negotiate a services agreement with the second choice, Jensen Yorba Lott. In accordance with KIB Code 3.16.110 Competitive Sealed Proposals, negotiations with Jensen Yorba Lott resulted in a contract not to exceed $5,000 to provide schematic, architectural and design services including updated cost estimates. The work was satisfactorily completed and the Architect proposed a contract amendment to provide the additional architectural services required to bring the project through the bidding and construction phases in an amount not to exceed $125,929. FPA #1 Board approved the amendment to the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, and Jeffrey. C. Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center. JEFFREY moved to authorize the manager to execute Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center with Prochaska and Associates of Omaha, Nebraska in the amount not to exceed $202,475. A contract was executed with Prochaska & Associates, Inc., Providence Kodiak Island Medical Center and Kodiak Island Borough for Phase V of the Kodiak Community Health Center project in January 2007 to complete the design and development/construction document phase of the project. Phase V was completed and the Architect presented an estimate for Phase VI of the project. Bidding and negotiation /construction administration was as follows: • An amount not to exceed $164,270 for construction procurement and contract administration. • An amount not to exceed $ 29,180 for increased scope items. • An amount not to exceed $ 9,025 for record drawings. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 4 • The fees would include reimbursable expenses incurred in the interest of the project except the cost of printing the bid document which is considered non reimbursable or would be paid directly by the borough. The Engineering and Facilities department reviewed the cost estimates and recommended approval of the contract in a total amount not to exceed $202,475. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Jeffrey, and Lynch. Resolutions A. Resolution No. FY2003 -20G Amending Resolution No. 2003 -20 to Re- Establish Fees of the Kodiak Island Borough. STUTES moved to adopt Resolution No. FY2003 -20G. KIBC 3.04.065 Review of Service Fees ordains that all fees be reviewed on an annual basis. Staff compiled a list of all current fees and recommended several changes to the fee resolution. Most of the changes were in the Solid Waste Collection and Disposal Section. ABELL moved to amend the fees, numbers 1, 2, and 4 on page 9 of 12 of the fee schedule, to reduce the amounts to the original costs. Assembly discussion on the budget and fee changes ensued. ROLL CALL VOTE ON THE AMENDMENT CARRIED FOUR TO TWO: Stutes, Abell, Branson, and Oswalt (Ayes). Jeffrey and Lynch (Noes). STUTES moved to extend the fee amendment to number 11 on page 10 of 12 of the fee schedule, to reduce the amount to the original cost. ROLL CALL VOTE ON THE SECOND AMENDMENT CARRIED FOUR TO TWO: Abell, Branson, Oswalt, and Stutes (Ayes). Jeffrey and Lynch (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, Oswalt, Stutes, and Abell. B. Resolution No. FY2008 -42 Authorizing the Approval of Lease Regarding the Bayside Fire Hall Apartment with Mr. Bob Himes. Approved under consent agenda. KIBC 18.40.020 Negotiated Leases requires approval by the Assembly of specific leases. The amount charged to Mr. Bob Himes was discussed and approved by the FPA #1 Board at its regular meeting of June 19, 2007. Mr. Himes is the Fire Chief of the Bayside Fire Department. Ordinances for Introduction A. Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001.) BRANSON moved to adopt Ordinance No. FY2009 -02 in first reading to advance to public hearing at the next regular meeting. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 5 The Planning and Zoning Commission and the Borough Assembly previously approved the disposal of said Borough land to the adjacent landowner. The rezone case would change the zoning of the parcel and the parcel would be zoned into the same district as the zoning of the landowners parcel. The portion of KIB land that would be disposed to the private party would be rezoned from PL- Public Use Lands to RR1- Rural Residential One. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. Other Items A. Vacation of a 10 -Foot Wide Utility Easement Located Along the East Side of Bells Flats Alaska Subdivision, Tract D -2. BRANSON moved to approve the vacation of a 10 foot wide utility easement as depicted on the sketch plan for Case S08 -016. The KIB Planning and Zoning Commission approved the above referenced easement vacation after a public hearing was held on May 21, 2008. The Kodiak Island Borough Assembly was the applicable review body of the case and reviewed the vacation request in accordance with KIBC 16.60.060 Additional Approval Required. A copy of the Planning and Zoning Commission decision letter, meeting minutes, relevant maps depicting the general area, and a sketch plan of the easement vacation was provided. Additional information was available in the case file for Subdivision Case S08 -016 for review by the Assembly if requested. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, and Jeffrey. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes commented that she was glad the Solid Waste Management Plan had been provided and looked forward to reviewing it. She asked Manager Gifford if the borough had obtained attorney representation for the present lawsuit. Manager Gifford responded that the borough had obtained Perkins Coie for attorney advice which was under his authority as Borough Manager per KIB code. Assembly member Abell reported he had obtained the KIBSD Facilities Committee Master Plan which outlines three plans for Borough Hill. At the work session of June 26 the school district would meet with the Assembly to discuss the options. He commented that the KIB, KIBSD and City of Kodiak could construct a new building on Borough Hill with modern technology and energy efficiency and tax payers wouldn't have to pay as much for the building as they would expect due to reimbursement from the State. He felt it was an exciting opportunity. Assembly member Branson asked that the Assembly receive the KIBSD Master Plan study prior to the work session on June 26 She noted that at the last regular meeting she had offered an "olive branch" to Assembly members suggesting they work together to draft a new resolution addressing the payment of legal fees without attorney involvement. She felt this was still a possibility and offered that option again. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 6 Assembly member Jeffrey stated that she had read the Solid Waste Management Plan and felt it was very well done. She noted the plan affects all of Kodiak and encouraged all to pick up a copy so that everyone would be well informed of what the plan entails. She discussed her feelings of the legal issues and felt that it was an unusual situation that needed to be resolved. Assembly member Oswalt asked for information on the sale of Lot 7A stating that this could be possible income for the borough since there was currently a lack of property available for sale. Manager Gifford responded that the case of Lot 7A was presently in the hands of the Planning & Zoning Commission and a recommendation would be forwarded to the Assembly once the Subdivision section of the KIB Code had been reviewed and revised. Assembly member Lynch commented that recent Assembly discussion was held at the Strategic Plan and Land Management work sessions about holding a responsible land sale by looking at existing neighborhoods as well as opening up new land for construction. She reminded the Assembly that a Planning and Zoning Commission member had reported that there were existing neighborhoods in disrepair that needed to be evaluated prior to opening up new pieces of property to sell. Assembly member Lynch commented on the Solid Waste Advisory Board work session that was held June 18 where members reviewed the Solid Waste Management plan for the first time. She felt it was a productive meeting and spoke of the necessity to develop codes to enforce the new plan. She reminded everyone that recycling and garbage disposal costs money and the Borough is responsible for the landfill for 30 years regardless of what is decided. The money is going to need to come from somewhere, whether by grants or other funding, and she encouraged use of the plan. Announcements Mayor Selby announced: The Assembly would hold a work session with a special meeting immediately following on Thursday, June 26, 2008 at 7:30 p.m. in the Borough Conference Room. The Assembly regular meeting scheduled on Thursday, July 3, 2008 had been cancelled. The next Assembly work session was scheduled on Thursday, July 10, 2008 at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, July 17, 2008 at 7:30 p.m. in the Assembly Chambers. The Borough offices would be closed on Friday, July 4 in observance of the Fourth of July holiday. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Jeffrey, and Lynch. The meeting adjourned at 8:55 p.m. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 7 ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes June 19, 2008 KODIAK ISLAND BOROUGH Page 8 KODIAK ISLAND BOROUGH Assembly Special Meeting June 26, 2008 A special meeting of the Kodiak Island Borough Assembly was held June 26, 2008 in the Assembly Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 8:50 p.m. Present were Mayor Jerome Selby, Assembly members Tom Abell, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Engineering and Facilities Director Woody Koning, Borough Clerk Nova Javier and Deputy Clerk Marylynn McFarland. JEFFREY moved to excuse Assembly member Branson who was attending the National Conference on Aging. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS — None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Contract No. FY2008 -42 Construction Services for Ouzinkie School Seismic Upgrades and Gymnasium Renovation. ABELL moved to authorize the manager to execute Contract No. FY2008 -42 with Wolverine Supply, Inc. of Wasilla, Alaska in the amount not to exceed $2,999,000. This contract was for construction services necessary to complete the Ouzinkie School Seismic Upgrades and Gymnasium Renovation which was funded in part by a FEMA/HMGP grant in the amount of $308,344 for seismic upgrades and a voter approved bond issue in the amount of $1,923,187. At a special meeting held June 18, 2008, the Kodiak Island Borough School District Board of Education requested that bond funds allocated to the Learning Center Renovation Project be reallocated to the Ouzinkie project to reduce the funding shortfall o $1,069,030. The Bond Counsel and DEED agreed that the transfer of funds between projects was permitted. Additional funds from bond and facilities interest earnings in the amount of $358,219 were proposed to be added to balance the project budget. A project budget detailing proposed funds and estimated expenses were provided. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Friend, Jeffrey, Lynch, Oswalt, and Stutes. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. The special meeting adjourned at 8:55 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes June 26, 2008 Page 1 KODIAK ISLAND BOROUGH Assembly Regular Meeting July 17, 2008 A regular meeting of the Kodiak Island Borough Assembly was held July 17, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of June 5, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Nick Troxell expressed his disappointment with the Solid Waste Management Plan submitted by Bell & Associates, specifically their lack of addressing involvement of private enterprise and metals at the landfill. He was not in support of the rezone in the Russian Creek Subdivision to Business zoning. Julie Bonney, Al Burch, and Lisa Johnson spoke in support of Resolution No. FY2009 -02. Robin Haight spoke on behalf of the Kodiak Bed & Breakfast Association requesting that the Borough postpone the request for funding until the Association had a complete plan. COMMITTEE REPORTS None. PUBLIC HEARING A. Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001.) BRANSON moved to adopt Ordinance No. FY2009 -02. The Planning and Zoning Commission and the Borough Assembly previously approved the disposal of the Borough land to the adjacent landowner. The rezone case simply changed the zoning of the parcel and it would be zoned into the same district as the zoning of the landowners parcel. The portion of KIB land that was being disposed to the private party would be rezoned from PL- Public Use Lands to RR1- Rural Residential One. Kodiak Island Borough Assembly Minutes July 17, 2008 Page 1 Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. BRANSON moved to adopt Ordinance No. FY2009 -02. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Friend, Lynch, Oswalt and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Invitation for the Chamber of Commerce Business After Hours scheduled for July 25, 2008 at Alaska Pacific Seafoods. A tour of the processing plant would be made available. • Junk vehicle program processed over 200 vehicles, exhausting the budget for the year. • Schools construction projects had progressed well and school facilities were on schedule. • Stuart McDonald, Superintendent of KIBSD addressed the Assembly outlining the progress of the high school master plan. He also handed out the KIBSD Philosophy of Education. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions A. Resolution No. FY2009 -01 Approving Fiscal Year 2009 Kodiak Island Borough Non - Profit Funding. JEFFREY moved to adopt Resolution No. FY2009 -01. The resolution was the framework in which the Assembly distributed the Borough funds set aside in the Fiscal Year 2009 budget to various non - profit agencies. It was recommended to fund the agencies at the FY2008 level. FRIEND moved to amend Resolution No. FY2009 -01 to reflect the Kodiak Island Sportsman Association funding level of $4,000 rather than the $3,000 as mistakenly submitted. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes and Abell. Assembly member Abell requested that financials be submitted by agencies that do not have the proper paperwork on file. Assembly member Branson reported that her intent would be to increase funding at approximately 25% to the non - profits next year. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. B. Resolution No. FY2009 -02 Urging Federal Funding of Observer Coverage in the Gulf of Alaska. STUTES moved to adopt Resolution No. FY2009 -02. Kodiak Island Borough Assembly Minutes July 17, 2008 Page 2 The Kodiak Fisheries Advisory Committee (KFAC) reviewed and discussed Resolution No. FY2009 -02 at their last three meetings. The committee did not have a quorum at any of those meetings and would not meet again until the end of August. At the most recent meeting, the Committee discussed taking an e-mail vote on the resolution, but after speaking with the Borough Clerk, it was determined that it was not an acceptable method of recommending approval of the resolution to the City Council and Borough Assembly. As an alternative, the resolution was forwarded from the KFAC. No one was opposed to the concept behind the resolution at any of the three KFAC meetings at which the resolution was discussed. The reason for not waiting for the August meeting of the KFAC was to get the resolution to the Alaska Congressional delegation as soon as possible, with the hope that federal funding could be secured in federal fiscal year 2010. Observer coverage in the Gulf of Alaska costs the industry approximately $4 million per year, so each year of delay costs the industry a significant amount of money. Assembly members Stutes and Jeffrey were in support of the observer program being federally funded. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson, and Friend. C. Resolution No. FY2009 -03 Approving Fiscal Year 2009 Support to the Kodiak Island Bed and Breakfast Association. ABELL moved to adopt Resolution No. FY2009 -03. The resolution would allocate part of the bed tax proceeds to the Kodiak Island Bed and Breakfast Association enabling them to market the bed and breakfasts located within the Kodiak Island Borough. Their request was for funding between $15,000 and $20,000. Abell moved to postpone Resolution No. FY2009 -03 to the September 4, 2008 Regular Meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. Ordinances for Introduction A. Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. OSWALT moved to adopt Ordinance No. FY2009 -01A in first reading to advance to public hearing on August 7, 2008. The Assembly's wish was to release accurate information regarding Proposition No. 1 to effectively communicate the changes regarding the recent 2008 financial disclosure laws that had become intrusive and inform the public that the proposition would instead require municipal officers to file a less intrusive KIB financial disclosure form. The KIB was required by Alaska Statutes to specifically appropriate the funding by ordinance. Alaska Statutes Section 15.13.145(4b) states "money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance." Assembly member Jeffrey felt that the Ordinance was important in order to inform the public about the issue. Kodiak Island Borough Assembly Minutes July 17, 2008 Page 3 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. B. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P &Z Case 08 -023.) BRANSON moved to adopt Ordinance No. FY2009 -03 in first reading to advance to public hearing on August 7, 2008. The commission recommended four lots, totaling approximately 20 acres, located in the B- Business zoned "island" in Women's Bay, be rezoned to RR1 — Rural Residential One. The Commission found that while businesses fronting Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) were thriving, the back side of the B — Business zone "island" and fronting South Russian Creek Road (where the parcels reside) have languished to meet their full potential. Assembly member Jeffrey felt that the public wanted more residential lots on the market. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. C. Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. STUTES moved to adopt Ordinance No. FY2009 -04 in first reading to advance to public hearing on August 7, 2008. The consultant, the Planning & Zoning Commission, and staff worked to develop a plan that expressed the wishes and desires of borough residents regarding future development in the coastal areas of the Kodiak region. The plan was approved by the Alaska Department of Natural Resources (ADNR) and the Federal Office of Coastal Resource Management (OCRM) so it was not possible to consider any further amendments at the time. To make the plan enforceable and restore the borough's "place at the table" during coastal project reviews, it was contingent upon the adoption of the plan update. As a second class borough, KIB has land use regulation authority through its planning and zoning powers. There are many exceptions where that authority does not extend such as off- shore (within the borough 3 -mile boundary limit), on the Coast Guard Base, at the Kodiak Launch Complex, etc. In many instances the KIB Coastal Management Program, and the related State of Alaska Regulations from which they are derived, may have more to do with development located outside of established communities than the local zoning authority. Staff recommended the adoption of the KIB passage of the ordinance for codification. ROLL CALL VOTE ON MOTION CARRIED Lynch, Oswalt, and Stutes. Coastal Management Program Plan Update and UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Kodiak Island Borough Assembly Minutes July 17, 2008 Page 4 Other Items A. Declaring a Seat on the Service Area No. 1 Board Vacant. BRANSON moved to declare, with regret, the seat held by Peggy Tuttle on the Service Area No. 1 Board for a term to expire October 2009 vacant. Ms. Peggy Tuttle and her family moved from Kodiak in June 2008. A resignation letter was not submitted and the Board had not notified the Clerk's office of the resignation. Service Area No. 1 Board and staff were informed that the item was on the agenda. FRIEND moved to amend the motion to reflect direction to the Borough Clerk to advertise the seat as set forth in KIB code. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Friend, Jeffrey, Lynch, Oswalt, Stutes, and Abell. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. B. Declaring a Seat on the Womens Bay Service Area Board Vacant. JEFFREY moved to accept, with regret, the resignation of John Spencer Schaeffer from the Womens Bay Service Area Board for a term to expire October 2008 and directed the Borough Clerk to advertise the vacancy per borough code. Mr. John Spencer Schaeffer submitted his letter of resignation to the Womens Bay Service Area Board effective June 30, 2008. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. CITIZENS' COMMENTS Al Burch, Alaska White Fish Trawlers Association, thanked the Borough for its support with Resolution No. FY2009 -02. ASSEMBLY MEMBER COMMENTS Assembly Member Lynch thanked the Manager for the good job with the junk cars program; and staff with the presentation from Bell & Associates. Assembly member Stutes thanked Mr. McDonald for his KIBSD update. Assembly member Branson had no comment. Assembly member Abell commented about the Bell & Associates Study and the lack of communication between staff and Assembly. He specifically addressed the metals problem with the landfill and the importance of taking time to pursue different options. Assembly member Oswalt remarked that he would like to see the landfill privatized. Assembly member Friend shared information that Hawaii was having garbage problems with the cost of shipping. Kodiak Island Borough Assembly Minutes July 17, 2008 Page 5 Assembly member Jeffrey agreed that garbage was a hot issue. Ms. Jeffrey suggested that the public become involved in the process and make their comments known. Mayor Selby announced the next Assembly work session would be held on Thursday, July 31, 2008 at 7:30 p.m. in the Borough Conference Room and the next Regular Assembly Meeting would be held on Thursday, August 7, 2008 at 7:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION A. Borough Manager's Performance Evaluation JEFFREY moved to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, Branson, and Friend. Mayor Selby invited the Assembly members and Manager to join in executive session. Mayor Selby recessed the regular meeting at 8:20 p.m. and convened the executive session. Mayor Selby reconvened the regular meeting at6125 p.m. ABELL moved to increase Manager Gifford's salary by $5,000 and award a $5,000 bonus retroactive to his anniversary date of May 24, 2008. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Lynch, Stutes, Abell, Branson, Friend, and Jeffrey (Ayes); Oswalt (No). ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. The meeting adjourned at 9:26 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes July 17, 2008 Page 6 TITLE: Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. SUMMARY: The Assembly wishes to release accurate information regarding Proposition No. 1 to effectively communicate the changes regarding the recent 2008 financial disclosure laws that have become so intrusive and let it known to the public that this proposition instead, would require municipal officers to file a less intrusive KIB financial disclosure form. The KIB is required by Alaska Statutes to specifically appropriate the funding by Ordinance. Alaska Statutes Section 15.13.145(4b) states "money held by an municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance." FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -01A. ITEM NO: 9.A KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -01A Introduced by: Manager Gifford Requested by: KIB Assembly Drafted by: Borough Clerk Introduced: 07/17/2008 Public Hearing: 08/07/2008 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2009 -01 TO APPROPRIATE FUNDS FOR THE PURPOSE OF PROVIDING INFORMATION ON BALLOT PROPOSITION NO. 1 WHEREAS, the Assembly adopted Ordinance No. FY2008 -20 on June 5, 2008 placing the following proposition on the October ballot; and Shall the Kodiak Island Borough municipal officers and candidates for municipal office (i.e. mayor, assembly, school board, planning and zoning commission, and borough manager) be exempt from the State of Alaska requirements under Alaska Statutes 39.50, effective 2008, regarding reporting and financial disclosure requirements, business and conflicts of interests provisions, and INSTEAD, be required to file a less intrusive Kodiak Island Borough Public Official Financial Disclosure Statement form used prior to the 2008 amendments to Alaska Statutes 39.50 that will be subject to public disclosure, as well as be subject to local laws regarding conflicts of interest? WHEREAS, the Assembly wishes to release accurate information regarding this proposition to effectively communicate that this change will still protect the public from the influence of undisclosed private or business interests, permit public access to information necessary to judge the credentials and performance of those who seek and hold public office, while allowing certain rights of privacy for our citizens seeking to hold public office; and WHEREAS, Alaska Statutes Section 15.13.145(4b) states "money held by an municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance;" and NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of general application and shall not be codified. Section 2: Ordinance No. FY2009 -01 will be amended and funds will be appropriated per the attached eight page schedule. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2009 -01A Page 1 of 9 FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 100 General Fund Revenues: Property Tax 9,082,500 9,082,500 0% Boat & Motor Vehicle Tax 251,000 251,000 0% Payment in Lieu of Taxes 813,000 813,000 0% Severance Taxes 1,288,213 1,288,213 0% Penalties & Int on tax 175,000 175,000 0% Licenses and Permits 66,250 66,250 0% Federal Shared Revenue 350,075 350,075 0% Temporary Fiscal Relief 751,477 751,477 0% Raw Fish Tax 1,000,000 1,000,000 0% Raw Fish Tax - Offshore 50,000 50,000 0% Other State Revenue 26,000 26,000 0% Fines 500 500 0% Interest Earnings 300,000 300,000 0% Miscellaneous 25,500 25,500 0% Use of Fund Balance 1,341,798 1,341,798 0% Sale of Fixed Assets Transfer In Total 15,521,313 15,521,313 0% Expenditures: Borough Assembly 183,440 183,440 0% Borough Manager 358,600 358,600 0% Borough Clerk 411,510 411,510 0% Borough Attorney 130,000 130,000 0% Finance Department 691,640 691,640 0% Management Information Services 588,533 588,533 0% Assessing Department 440,760 440,760 0% Engineering/ Facilities Dept 158,715 158,715 0% Community Development 749,780 749,780 0% Building Official 147,765 147,765 0% Economic Development 75,000 75,000 0% General Administration 297,600 297,600 0% Emergency Preparedness 8,800 8,800 0% School District Support 10,783,220 10,783,220 0% Health and Sanitation 233,000 233,000 0% Animal Control 82,500 82,500 0% Culture and Recreation 81,000 81,000 0% Colledge and Libraries 93,000 93,000 0% Transfers Out 6,450 6,450 0% Total 15,521,313 15,521,313 0% Ordinance No. FY2009 -01A 3,000 3,000 15,524,313 3,000 3,000 Fund 205 Child Care Assistance Program Revenue 82,026 82,026 0% 82,026 Expenditures 82,026 82,026 0% 82,026 Fund 210 Land Sales Revenue 97,771 97,771 0% 97,771 Expenditures 97,771 97,771 0% 97,771 1 Back -up Info 9,082,500 251,000 813,000 1,288,213 175,000 66,250 350,075 751,477 1,000,000 50,000 26,000 500 300,000 25,500 1,344,798 186,440 358,600 411,510 130,000 691,640 588,53' 440,76 158,715 749,780 147,765 75,000 297,600 8,800 10,783,220 233,000 82,500 81,000 93,000 6,450 15,524,313 FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 220 Buildings and Grounds Revenues Revenues 438,410 438,410 0% 438,410 Transfers in 185,000 185,000 0% 185,000 Use of Fund Balance 89,075 89,075 0% 89,075 Total Revenues 712,485 712,485 0% 712,485 Expenditures - Borough Building 408,985 408,985 0% 408,985 MHC Apartments 10,000 10,000 0% 10,000 School Buildings 287,500 287,500 0% 287,500 Parks 6,000 6,000 0% 6,000 Total Expenditures 712,485 712,485 0% 712,485 Fund 230 Coastal Management Revenues 24,000 24,000 0% 24,000 Expenditures - CMG Regular 24,000 24,000 0% 24,000 Total Expenditures 24,000 24,000 0% 24,000 Fund 234 L.E.P.C. Revenues LEPC 17,800 17,800 0% 17,800 E.O.P. Grant - 0% - Revenues 17,800 17,800 0% 17,800 Expenditures - Expenditures-LEPC 17,800 17,800 0% 17,800 Expenditures -FEMA grant - - 0% - Total Expenditures 17,800 17,800 0% 17,800 Fund 240 Womens Bay Road Service Revenues 124,057 124,057 0% 124,057 Expenditures 124,057 124,057 0% 124,057 Fund 242 Service District No. 1 Revenues 269,700 269,700 0% 269,700 Expenditures 269,700 269,700 0% 269,700 Fund 243 Service Area No. 2 Revenues Expenditures 100 100 100 100 100 100 Fund 244 Monaska Bay Road District Revenues 52,590 52,590 0% 52,590 Expenditures 52,590 52,590 0% 52,590 Fund 246 Bay View Road Service Area Revenues 5,700 5,700 0% 5,700 Expenditures 5,700 5,700 0% 5,700 Fund 250 Fire Protection Area No. 1 Revenues 415,900 415,900 0% 415,900 Expenditures 415,900 415,900 0% 415,900 Fund 252 Womens Bay Fire Department Revenues 95,980 95,980 0% 95,980 Expenditures 95,980 95,980 0% 95,980 Ordinance No. FY2009 -01A 2 Back -up Info FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 254 KIB Airport Fire District Revenues 13,070 13,070 0% 13,070 Expenditures 13,070 13,070 0% 13,070 Fund 260 Woodland Acres Street Lights Revenues 8,420 8,420 0% 8,420 Expenditures 8,420 8,420 0% 8,420 Fund 261 Trinity Islands Lighting Dist. Revenues 3,920 3,920 0% 3,920 Expenditures 3,920 3,920 0% 3,920 Fund 262 Mission Lake Tide Gate Revenues 3,700 3,700 0% 3,700 Expenditures 3,700 3,700 0% 3,700 Fund 263 Trinity Islands Paving Dist. Revenues 20,060 20,060 0% 20,060 Expenditures 20,060 20,060 0% 20,060 Fund 275 Kodiak Arts Council Revenues 68,360 68,360 0% 68,360 Expenditures 68,360 68,360 0% 68,360 Fund 276 Facilities Fund Revenues 1,890,000 1,890,000 0% 1,890,000 Expenditures/Transfers Out: Building Insurance 185,000 185,000 0% 185,000 Debt Service 1,150,000 1,150,000 0% 1,150,00' Capital Projects Fund 495 397,540 397,540 0% 397,54 Capital Projects Fund 430 0% Contingencies 0% Contengencies - inflation proofing 157,460 157,460 0% 157,460 Total Expenditures 1,890,000 - 1,890,000 0% 1,890,000 Fund 277 Tourism Development Revenues 70,980 70,980 0% 70,980 Expenditures 70,980 70,980 0% 70,980 Fund 290 Fern Fuller Trust Revenues 75,000 75,000 0% 75,000 Expenditures 75,000 75,000 0% 75,000 Ordinance No. FY2009 -01A 3 Back -up Info Fund 300 Debt Service Revenues State Debt Reimbursement Interest Earnings Transfers in General Fund - Education General Fund - Health Facilities Fund Hospital Fund Bond Premium Use of fund balance Total Revenues Ordinance No. FY2009 -01A FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget 2,144,617 2,144,617 0% 2,144,617 10,000 10,000 0% 10,000 763,036 763,036 0% 763,036 1,150,000 4,067,653 1,150,000 0% 0% 4,067,653 0% 1,150,000 4,067,653 Expenditures Expenditures - School Debt 3,295,550 3,295,550 0% 3,295,550 Expenditures - Hospital Debt 765,500 765,500 0% 765,500 Expenditures - Karluk Loans 6,603 6,603 0% 6,603 Expenditures -Other Debt - 0% - Total Expenditures 4,067,653 4,067,653 0% 4,067,653 4 Back -up Info Ordinance No. FY2009 -01A Capital Projects Fund 410 - Borough Capital Projects: FY2009 adopted As of Difference Budget 04(30/08 ov Budget Revised Adjustments Budget Revenues: Interest Earnings 304,898 304,898 0% 304,898 Contributions for BMX track 39,670 39,670 0% 39,670 State Grant 540,508 540,508 0% 540,508 Miscellaneous - - 0% - Total Revenues 885,076 885,076 0% 885,076 Operating Transfers In: - General Fund 517,352 517,352 0% 517,352 Building and Grounds Fund 50,000 50,000 Bayside Fire Department 448,800 448,800 0% 448,800 Facilities Fund 1,434,384 1,434,384 0% 1,434,384 Total Operating Transfers In 2,450,536 2,450,536 0% 2,450,536 Total Revenues 3,335,612 3,335,612 0% 3,335,612 Projects: 85 Village Metals 150,000 150,000 0% 150,000 146 BMX Bike Trail 94,670 94,670 0% 94,670 174 Bayside Storage Addition & Engine Bay 426,800 426,800 0% 426,800 00102 Bayside Underground Electrical 22,000 22,000 0% 22,000 03105 Northstar School road /parking lot design 50,000 50,000 0% 50,000 03108 Borough Building Parking Lot 50,000 50,000 0% 50,000 03106 KHS emergency generator 50,000 50,000 0% 50,000 03109 Borough Building air handling penthouse 10,000 10,000 0% 10,000 03110 Borough Building emergency generator 20,000 20,000 0% 20,000 03120 WB Comm Plan Revision 33,380 33,380 0% 33,380 05023 Peterson Seismic Upgrade 540,508 540,508 0% 540,50 05025 High School Gym Seismic 50,000 50,000 0% 50,00 06001 Computer Upgrade 114,000 114,000 0% 114,000 07008 Seismic Repair 0% - 07015 High School kitchen floor 12,323 12,323 0% 12,323 07016 R and replacement of culverts at Panamaroff Creek 30,000 30,000 0% 30,000 07017 Hospital Solarium 25,000 25,000 0% 25,000 07018 HS Pool Repairs 40,000 40,000 0% 40,000 08001 Kodiak Middle School Asbestos Abatement 182,000 182,000 0% 182,000 08002 Main elementary Asbestous abatment 43,000 43,000 0% 43,000 08003 HS Soil Remediation 497,000 497,000 0% 497,000 08004 Computer Assisted Mass Appraisal and Collection Prg 400,000 400,000 0% 400,000 Tranfer to Fund 430 390,000 390,000 0% 390,000 Other Projects 104,931 104,931 0% 104,931 Total Borough Projects 3,335,612 - 3,335,612 0% 3,335,612 5 Back -up Info Fund 420 -GO Bond Projects: Revenues: Interest Earnings 3,633,918 3,633,918 0% 3,633,918 Proceeds from bond42004A Bond Issue 9,302,760 9,302,760 0% 9,302,760 Proceeds from bond 2004B Bond Issue 11,050,000 11,050,000 0% 11,050,000 Proceeds from bond 200XX Bond Issue 8,000,000 8,000,000 0% 8,000,000 31,986,678 31,986,678 0% 31,986,678 Projects: 03119 New Swimming Pool 14,595,000 14,595,000 0% 14,595,000 04101 Old Harbor Gym/Voc Ed renovation 2,251,134 2,251,134 0% 2,251,134 04102 Larsen Bay School floor repair 339,883 339,883 0% 339,883 04103 Ouzinkie Gym renovation 1,923,187 1,923,187 0% 1,923,187 05002 Evacuation Center earthquake evaluation 500,000 500,000 0% 500,000 05009 Kodiak Middle School concrete repair 237,918 237,918 0% 237,918 05010 Kodiak High School asbestos & floor covering 304,704 304,704 0% 304,704 05011 District -wide floor covering replacement 728,708 728,708 0% 728,708 05012 Kodiak High School heating and ventilation 250,000 250,000 0% 250,000 05013 Kodiak High School insulastion and windows 596,020 596,020 0% 596,020 05014 Kodiak High School and Middle School roof repair 600,000 600,000 0% 600,000 05015 High School Voc ed /classroom reclaimation 4,840,788 4,840,788 0% 4,840,788 05016 East School heating and ventilation 520,000 520,000 0% 520,000 05017 Learning Center renovation 1,181,336 1,181,336 0% 1,181,336 KMS Seismic Upgrade, Phase 11 2,700,000 2,700,000 0% 2,700,000 Ouzinkie Sprinkler System 330,000 330,000 0% 330,000 Ouzinkie Generator Replacement 88,000 88,000 0% 88,000 Contingencies - - 0% - 31,986,678 31,986,678 0% 31,986,678 Ordinance No. FY2009 -01A FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget 6 Back -up Info Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 Chiniak Grant 20,000 20,000 0% 20,000 ADF &G, fish research 200,000 200,000 0% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 0% 189,985 Homeland Security 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 23,500 0% 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 0% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 465,618 0% 465,618 07001 Area Wide School Equipment and Supplies 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 0% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 School District Computer Grant 70,000 70,000 0% 70,000 Emergency Communications and Planing 30,000 30,000 0% 30,000 Kodiak Middle School Playground Equipment 10,000 10,000 0% 10,000 Area Wide School Supplies and Equipment 130,000 130,000 0% 130,000 Near Island Fish and Game Building 950,000 950,000 0% 950,000 Non - Structural Seismic Upgrades for Kodiak Schools - MEP 132,249 132,249 0% 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing 75,490 75,490 0% 75,49' Transfers in from fund 410 526,350 526,350 0% 526,35 Anton Larson Boat Ramp 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 0% 130,000 Dingell- Johnson Contribution 140,000 140,000 0% 140,000 Total Revenues 10,702,632 10,702,632 0% 10,702,632 Projects: 164 KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 896,350 0% 896,350 02107 ADF &G Research Study 200,000 200,000 0% 200,000 03114 Coastal Impact Program 319,985 319,985 0% 319,985 03118 Chiniak Multi -use Grant 20,000 20,000 0% 20,000 05019 Homeland Security 17,733 17,733 0% 17,733 05020 2005 PreDisaster Mitigation Grant 41,724 41,724 0% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 465,618 0% 465,618 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 06008 Summit Lake Trail 23,500 23,500 0% 23,500 07001 Area Wide School Equipment and Supplies 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 0% 10,000 07007 School District Computer Grant 70,000 70,000 0% 70,000 07008 School Facilities Seismic Repairs 1,300,000 1,300,000 0% 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 07014 East Elementary School Siesmic Upgrade 138,606 138,606 0% 138,606 Emergency Communications and Planing 30,000 30,000 0% 30,000 Kodiak Middle School Playground Equipment 10,000 10,000 0% 10,00' Area Wide School Supplies and Equipment 130,000 130,000 0% 130,00. Near Island Fish and Game Building 950,000 - 950,000 0% 950,000 Ordinance No. FY2009 -01A FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget 7 Back -up Info FY2009 adopted As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Non - Structural Seismic Upgrades for Kodiak Schools - MEP 132,249 132,249 0% 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing 75,490 75,490 0% 75,490 Total Expenditures 10,702,632 10,702,632 0% 10,702,632 Fund 490 Landfill Capital Projects Landfill CloseouULeachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - - 0% - Total Revenues 3,000,000 3,000,000 0% 3,000,000 165 Landfill CloseouULeachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - 0% - Total Expenditures 3,000,000 - 3,000,000 0% 3,000,000 Fund 495 Hospital Capital Projects Hospital 660,288 660,288 0% 660,288 Providence - 0% From Facilities Fund 125,000 125,000 0% 125,000 Total Revenues 785,288 785,288 0% 785,288 03112 Hospital access and parking, Phase I & II 660,288 660,288 0% 660,288 05021 CHC architural Engineering 125,000 125,000 0% 125,000 Total Expenditures 785,288 785,288 0% 785,288 Fund 530 Solid Waste Collection /Disposal Revenues Waste Collection 2,850,920 2,850,920 0% 2,850,920 Waste Disposal 1,285,085 1,285,085 0% 1,285,085 Total Revenues 4,136,005 4,136,005 0% 4,136,005 Expenditures Waste Collection 1,584,200 1,584,200 0% 1,584,200 Waste Disposal 2,551,805 2,551,805 0% 2,551,805 Total Expenditures 4,136,005 4,136,005 0% 4,136,005 Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings 5,330 5,330 5,330 Providence Hospital Lease 720,000 720,000 0% 720,000 Transfer in from Fern Fuller 66,500 66,500 0% 66,500 Use of Retained Earnings 868,980 868,980 0% 868,980 Total Revenues 1,660,810 1,660,810 0% 1,660,810 Expenditures and Transfers: Expenditures 1,660,810 1,660,810 0% 1,660,810 Total Expenditures 1,660,810 1,660,810 0% 1,660,810 Fund 555 - Kodiak Fisheries Research Center Revenues 2,122,804 2,122,804 0% 2,122,804 Expenditures 2,122,804 Research Facility 2,084,604 2,084,604 0% 2,084,604 Dorm Facility 38,200 38,200 0% 38,200 2,122,804 2,122,804 0% 2,122,804 Fund 560 - Telephone 911 Service Revenues Expenditures Ordinance No. FY2009 -01A 70,320 70,320 70,320 0% 70,320 0% 8 Back -up Info 70,320 70,320 di C ear a = 0 0 z 2 ea to g y ' d. 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O C n , Nn . g CD a n O 5 o,p, ti n a n o O 2 0 n n ' CD n n a p yy o o 77 0 n o ti ca G H 2 0 a °c : g � p a, ? ; te n n r+ n " p - w • �� 5 . ° o = W r a y CA n h n n n p'aa.1 n n 5. /-, ti Rt c•vg . -ii x:,Z,e8 " i IFT"tht NC d o • ax►ti In g � a• a c ro .n • FAD A' p w cn p O mil O 5 8 . 0- 9 a s..6 o= e Mt, o V, n' V ' C tgz z a) pi 6a F s: �o e i o - g 2. y C y y b ro . 1:4 'L7 w W , ° ' e W'a. :c�`� la a 0 b o ��. oo SUMMARY: FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -03. ITEM NO: 9.B TITLE: Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P&Z Case 08 -023.) The commission is recommending four lots totaling approximately 20 acres and located in the B- Business zoned "island" in Womens Bay be rezoned to RR1 — Rural Residential One. The Commission found that while businesses fronting on Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) are thriving, the back side of this B — Business zone "island" and fronting South Russian Creek Road (where these parcels reside) have languished to meet their full potential. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -03 Introduced by: Manager Gifford Requested by: P & Z Commission Drafted by: CDD Staff Introduced: 07/17/ 2008 Public Hearing: 08/07/2008 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING FOUR (4) PARCELS OF LAND IN THE RUSSIAN CREEK SUBDIVISION, TOTALING APPROXIMATELY 20 ACRES, FROM B- BUSINESS TO RR1 — RURAL RESIDENTIAL ONE DISTRICT (P &Z CASE 08 -023) WHEREAS, the "island" of business zone property in Womens Bay is located in the Russian Creek Subdivision; and WHEREAS, while the side of this business zoned property fronting Rezanof Drive (and including business from the Speedy Kraft store down to Rendezvous) are thriving, the back side of this B — Business zone "Island" fronting South Russian Creek Road has languished; and WHEREAS, the Planning and Zoning Commission has reviewed a number of requests to rezone the back portion of this business "island" in the Russian Creek Subdivision from its current B- Business zoning district to another zoning district to reflect the area's slowness to reach its full potential; and WHEREAS, much of the residentially zoned land available for development in Womens Bay has been utilized leaving the more challenging and environmentally sensitive parcels left to develop; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 21, 2008 as part of the review for this case; and WHEREAS, the Planning and Zoning Commission finds the request to be generally consistent with the goals and objectives of the 2007 Kodiak Island Borough Comprehensive Plan and that the rezoning would provide an additional population base to support the existing businesses that have located in the Womens Bay Community as well as encourage new business development by an increase in residential development; and WHEREAS, the Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly rezone the four (4) parcels identified in the staff report, totaling approximately 20 acres from B- Business to RR1 -Rural Residential One. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of general application and shall not be codified. Section 2: The four (4) parcels of land described below and totaling approximate 20 acres are hereby rezoned from B- Business to RR1 -Rural Residential One. 1. Lots 1 & 2, Dayton Subdivision 2. Tract A of Tract L, Russian Creek Alaska Subdivision 3. Tract K, Russian Creek Alaska Subdivision Kodiak Island Borough, Alaska Ordinance No. FY2009 -03 Page 1 of 2 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. ATTEST: • A need for residential property has been expressed by the public. • Current use of adjacent business zoned lots includes a mix of business and residential use. • Location of property is inconsistent with the primary retail intent of business zoning. • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development. • Much of the residentially zoned land available for development in Womens Bay has already been utilized leaving the more challenging and environmentally sensitive left to develop. 17.72.020 B. Findings as to the Effect a Change or Amendment Would Have on the Objectives of the Comprehensive Plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet)." • More residential development will provide an additional population base to support the existing businesses that have located in the Womens Bay Community as well as encourage new business development with an increase in residential development. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2009 -03 Page 2of2 Date: July 2, 2008 To: Kodiak Island Borough Mayor & Assembly; 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 Thru: Rick Gifford, Borough Manager i t From: Bud Cassidy, Director, and CDD RE: Request to rezone various P arcels in the Russian Creek Subdivision from B- Business to RR1 - Rural Residential One. KM Ordinance No. 2009 -03 This memorandum is written to forward the commission's action to recommend the rezoning of certain B- Business zoned parcels in the Womens Bay Community specifically the Russian Creek Subdivision to RR1- Residential One. The commission has held a number of public hearings on past requests to rezone this area. The commission felt that this request to change the zoning from B- Business to RR1 - to one acre residential parcels fits best with the goals of the comprehensive plan. The object of this rezoning is to address the fact that business zoned lots located adjacent to South Russian Creek Road have languished in their potential to develop as businesses. In fact, instead of business development, there have been a number of residences constructed that are doing very little business on the premises and may in fact be zoning violations. The commission felt that there has been a stagnation of population growth in Womens Bay and that by encouraging additional residential development and growth, that it would support the business development already in existence as well as potentially create additional business development in the area. CONCLUSION & RECOMMENDATION The Commission recommends approval of this change of zoning. A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B- Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B- Business zoning allows a wide range of commercial uses, the proposal to provide after - the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. The question was called and it CARRIED 6 -0. C. Case 08 -023. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone for Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact" for Case 08 -023. The motion was SECONDED by COMMISSIONER JANZ. A brief discussion. COMMISSIONER HARRINGTON MOVED TO AMEND the findings in the staff memo to include a final bullet point under part A to read "the location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility." The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. PRrZ Meeting Minutes June i8, 2008 Page 8 of ii A. Findings as to the need and justification for a change or amendment. • A need for residential property has been expressed by the public; • Current use of adjacent business zoned lots includes a mix of business and residential use; • Location of property is inconsistent with the primary retail intent of business zoning; • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development; • Much of the residentially zoned land available for development in Womens Bay has been already been utilized leaving the more challenging and environmentally sensitive left to develop. • The location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet)"; and • More residential development will provide an additional population base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disapproval of the change or amendment • The Planning and Zoning Commission recommends approval of this request. The question was called on the amended motion and it CARRIED 6 -0. The question was called on the main motion and it CARRIED 6 -0. D. S08 -015. Amend a previously adopted motion made at the May 21, 2008 Planning and Zoning regular meeting to correct an error in the legal description of the parcel given preliminary subdivision approval. The replat of U.S. Survey 3466, Lot 1 and U.S. Survey 3465, Lot 1A -3 creating U.S. Survey 3466, Lot 1A and U.S. Survey 3465, Lot 1A -3A. CHAIR KING announced to the commission that there will be a motion to amend a previously adopted motion and there was no previous notice, and it requires a 2/3 vote of the membership. Cassidy gave a brief staff report. COMMISSIONER JANZ MOVED to grant preliminary approval, according to KIBC 16.40, of a replat of USS 3466, Lot 1, and USS 3465, Lot 1A -3 creating USS 3466, Lot 1A and USS 3465, Lot 1A -3A and to adopt the findings of fact in the staff report dated May 13, 2008 as Findings of Fact for Case S08 -015. The motion was SECONDED by COMMISSIONER WATKINS. P&Z Meeting Minutes June i8, 2008 Page 9 of 11 DATE: June 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 18, 2008 Regular Meeting CASE: 08 -023 LOCATION: 11883, 11967, 11945 and 11723 South Russian Creek Road ZONING: B- Business Background Case 08- 023/Findings of Fact MEMORANDUM Old Business Item VI- C APPLICANT: Dario Dayton, Duncan Fields, Andy Kuljis, and Rob Lindsey REQUEST: Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. The Planning Commission is recommending approval of a rezone of 19.81 acres of business zoned land in Womens Bay from B- business to RR1 - Rural Residential One. This memo sets out the finds of fact in support of the commission's actions. When the Commission recommends approval of a proposed zoning boundary amendment (rezone) its action is a recommendation that is forwarded to the Assembly for review and final action. Before this can happen however, the Commission must complete the decision making process by adopting required "Findings of Fact" upon which the decision was based. These findings are to be delivered to the Assembly in the form of a report as described in the applicable provisions of KIBC 17.72, as follows: 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. Page 1 of 4 P & Z: June 18, 2008 The adoption of "Findings" was postponed until the next regular meeting (June 18, 2008) as permitted by the KIB Planning and Zoning Commission Bylaws — Article IX Procedure, Provision (C) which states: "In cases where the Commission is required to base its decision on specific findings, the Commission may defer the approval of these findings until the next regular meeting of the Commission." In the context of the proposed "Findings" that follow, it may be appropriate to provide some additional code citations regarding the authority, purpose and intent of the borough zoning regulations. KIBC 17.01.020 Purpose. It is the purpose of this title to promote the health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. KIBC 17.01.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transportation, water, sewer, school, park and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated December 6, 2007, prepared by Cogan- Owens -Cogan and the Kodiak Island Borough. Case 08- 023 /Findings of Fact Old Business Item VI- C Page 2 of 4 P & Z: June 18, 2008 Findings Old Business Item VI- C It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. A. Findings as to the need and justification for a change or amendment. • A need for residential property has been expressed by the public; • Current use of adjacent business zoned lots includes a mix of business and residential use; • Location of property is inconsistent with the primary retail intent of business zoning; • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development; • Much of the residentially zoned land available for development in Womens Bay has been already been utilized leaving the more challenging and environmentally sensitive left to develop. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet) "; and • More residential development will provide an additional population base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disapproval of the change or amendment • The Planning and Zoning Commission recommends approval of this request. Case 08- 023 /Findings of Fact Page 3 of 4 P & Z: June 18, 2008 Old Business Item VI- C Recommendation Staff recommends that the Commission adopt the above findings in support of its recommendation to approve the rezoning request for Case 08 -023. These "Findings of Fact" support the decision reached by the Planning & Zoning Commission. APPROPRIATE MOTION Move to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact" for Case 08 -023. Case 08- 023/Findings of Fact Page 4 of 4 P & Z: June 18, 2008 COMMISSIONER WATKINS MOVED that the Planning and Zoning Commission investigate the rezone of approximately 12 acres of hilltop land on Near Island above the new travel lift area, and that it be appropriately zoned and set aside for _a Greenhouse Model Senior Extended Care Facility. The motion was SECONDED by COMMISSIONER JANZ. A discussion on zoning, the area, the processes, and the need for a new extended care facility. COMMISSIONER HARRINGTON MOVED TO AMEND the motion to read "That the Planning and Zoning Commission investigate approximately 12 acres of hilltop land on Near Island above the new travel lift and appropriate zoning, and set aside for a greenhouse model senior extended care facility be considered as part of that investigation." The motion was SECONDED by COMMISSIONER JANZ. The question was called on the amended motion, and it CARRIED 6 -0. PUBLIC HEARINGS A. Case 08 -023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. The location is 11883, 11967, 11945, and 11723 S. Russian Creek Road, and the zoning is B- Business Cassidy stated this rezone request is for almost 20 acres in Womens Bay from Business to RR1. The commission has heard various versions of this request. The Commission needs to weigh the need for additional residential in light of a two Comprehensive Plan efforts where the residents suggest that this area remain B- Business. Staff recommends denial of this rezone request because the Business use is still a viable use of the property as Business, especially open storage that is occurring and is a violation in the residential district; the applicants have not made a compelling case that a rezone is needed; and the Comp Plan does not support the request. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B- Business to RR1-Rural Residential One zoning, and to adopt the "Findings of Fact" in the staff report dated May 12, 2008, in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Andy Kuljis phoned to support the request as part owner. Catherine Lindsey phoned to support the request. Rob Lindsey spoke in support of the request as part owner. Iver Malutin stated the Comp Plan should be reviewed and brought up to date. Bob Tarrant, agent spoke in support. Close Public Hearing: Open Regular Meeting: A brief discussion regarding Cottonwood Circle, the Comp Plan, comments submitted for the Comp Plan, and the need for residential. Kodiak Island Borough P&Z Meeting Minutes May 21, 2008 Page 2 of 9 The commission requested the Clerk to read the motion on the table. The question was called, and it CARRIED 6 -0. COMMISSIONER HARRINGTON MOVED TO AMEND the previous motion to read "Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B- Business to RR1 -Rural Residential One zoning, and to postpone Findings of Fact until the June 18, 2008 meeting. The motion was SECONDED by COMMISSIONER KERSCH. The question was called on the amended motion, and it CARRIED 6 -0. B. Case S06 -012. Request a one (1) year extension of preliminary approval for the subdivision of USS 2539, Lot 29A creating Seaview Estates, Lots 1 thru 11, and Tract A. The location is U.S. Survey 2539, Lot 29A, Womens Bay, and the zoning is RR1 -Rural Residential One. Cassidy stated this request is for an extension of a preliminary subdivision, and has been advertised as a public hearing because there have been some changes made to the conditions of approval. The changes give him the option of keeping it as a private road or also investigate potential of including it in the Womens Bay Subdivision. Staff recommends this request be approved. Discussion of the motion and conditions of approval, and road service district processes. COMMISSIONER JANZ MOVED to grant a two (2) year extension (until March 15, 2010) of preliminary plat approval of the subdivision of a portion of Lot 29A, USS 2939, creating Lots 1 thru 11, and Tract A, Seaview Subdivision subject to the following amended conditions of approval. The motion was SECONDED by COMMISSIONER WATKINS. Close Regular Meeting: Open Public Hearing: Barry Still spoke in favor of the request. Close Public Hearing: Open Regular Meeting: Commission discussion on fire districts. CONDITIONS OF APPROVAL 1. Obtain approval for access to State maintained rights -of -way from the State of Alaska Department of Transportation and Public Facilities prior to final plat approval. 2. Engineering and soils testing for Lots 1 through 11 and Tract A, Seaview Estates must be provided prior to final approval, documenting that this subdivision design can satisfy ADEC requirements for onsite well and septic systems. 3. Submit a solid waste disposal plan for review and approval by the Engineering and Facilities Depai lent, prior to final plat approval. 4. Provide the documentation required in KIBC 16.40.080 for private road easements, which shall be reviewed by the Planning and Zoning Commission at a public hearing prior to final approval of the subdivision; or, in the alternative, obtain acceptance of a road dedication by the Kodiak Island Borough Engineering and Facilities Department and obtain approval of the Kodiak Island Borough May 21, 2008 P &Z Meeting Minutes Page 3 of 9 Mr. Darlo Dayton 11883 S. Russian Creek Road Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us May 27, 2008 Re: Case 08 -023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision, and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. Dear Mr. Dayton: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on May 21, 2008 approved your request but postponed adoption of Findings of Fact in support of their decision until their June 18, 2008 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496 -9363. Sincerely, Sheila Smith Secretary CC: Mr. Fields Mr. Kuljis Mr. Lindsey Mr. Bob Tarrant 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. 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- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, May 14, 2008, a work session will be held at 7:30 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: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 21, 2008. The meeting will begin at 7:30 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: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: Public Hearing Item VI -A 08 -023 Darlo Dayton, Duncan Fields, Andy Kuljis, & Rob Lindsey Bob Tarrant & Rob Lindsey A rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business t RR1 -Rural Residential One. 11883, 11967, 11945, and 11723 S. Russian Creek Road B- Business CurrentLacatian: i tsa3,. 1;.196T tt945 &I S. Russian Creek Rd. Agenda Item # VI A P &zZ Case= * 08 -023 Darin Dayton, :Duncan Fields, Andy & .Rob Lindsey Request a rezone, aaaordrrrg to MEG 17-.72. 030 and 17.72.030.C, from B- Business to RR1- Rural Residential One. Legend subject parcels notification area 0 375 I 1 750 Feet 1 1 Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, MAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. NOTES • RywORNI .terir.vsA rte• I. Am" IA.A•Mr •r A•I�. 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AMAMI •41 /NIP AWRY s•••w ••■■•• AMMf.IMI /OM, Mn., Ir Case Number Ord. Number Summary Date 06 -014 2006 -12 Rezone of Tract 0, Russian Creek Alaska Sub, from B - Business to RR -1 Rural Residential Zoning District. July 6, 2006 86 -025 86 -23 -0 Rezone of Lot 1, Block 2, Russian Creek Alaska Sub. From RR1 -Rural Residential One to PL- Public Use Land. June 5, 1986 83 -067 NA Request to rezone Tract E -1, Russian Creek Alaska Sub. from RR -Rural Residential to B- Business. (DENIED by the Planning and Zoning Commission) June 15, 1983 83 -026 83 -31 -0 Rezone of certain lands in Russian Creek Alaska Sub. From C- Conservation to RR1- Rural Residential One. May 5, 1983 82 -150 83 -21 -0 Rezone of portions of Womans Bay Community in accordance with the adopted comprehensive plan for areas that are designated for PL- Public Use Land. March 3, 1983 Z -81 -001 NA Request to rezone Lot 24, Block 1, Russian Creek Alaska Sub. B- Business to I- Industrial. February 18, 1981 DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Thirty Nine (39 2008. Date of site visit: 1. Zoning History: Case 08- 011 /Staff Report MEMORANDUM May 12, 2008 Planning and Zoning Commission Bud Cassidy, Director CDD Public Hearing Item VI -A Information for the May 21 Regular Meeting 08 -023 Darlo Dayton, Duncan Fields, Andy Kuljis, and Rob Lindsey A rezone, in accordance with KIB Code Section 17.72 of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. 11883, 11967, 11945 and 11723 South Russian Creek Road of the lots B- Business ) public hearing notices related to this request were mailed on April 23, Various Page 1 of 10 P & Z: February 20, 2008 2. Lot Size: Tr 'K', Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 3. Existing Land Use: Tr 'K' Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 4. Surrounding Land Use and Zoning: North: Multiple Parcels Case 08- 011 /Staff Report Public Hearing Item VI -A 9.16 acres 1.14 acres 1.44 acres 8.07 acres Total 19.81 acres Open Storage /residential Vacant Business Misc buildings Page 2 of 10 P & Z: February 20, 2008 (DENIED by the Planning and Zoning Commission) Z -80 -042 NA Request to rezone Lots 1 through 15, Block 1, Russian Creek Alaska Sub. from B- Business to RR -Rural Residential. (DENIED by the Planning and Zoning Commission) November 19, 1980 324 74 -31 -0 Rezone of Tracts G through 0 in the Russian Creek Alaska Sub. from Unclassified to B- Business. August 1, 1974 213 -A 69 -30 -0 Zoning the area known as Bell's Flats, Bell's Flats Subdivision and Russian Creek Subdivision Unclassified except for certain areas to be zoned I- Industrial. January 18, 1970 2. Lot Size: Tr 'K', Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 3. Existing Land Use: Tr 'K' Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 4. Surrounding Land Use and Zoning: North: Multiple Parcels Case 08- 011 /Staff Report Public Hearing Item VI -A 9.16 acres 1.14 acres 1.44 acres 8.07 acres Total 19.81 acres Open Storage /residential Vacant Business Misc buildings Page 2 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A Use: Mixed Business /residential Zoning: B - Business Zoning District South: Multiple Parcels Use: Business Zoning: Business Zoning District East: Multiple Parcels Use: Business /Undeveloped Zoning: B- Business, C- Conservation West: Multiple Parcels Use: Roadway (South Russian Creek) /Residential Zoning: RR1 -Rural Residential One 5. Comprehensive Plan: The 2007 Womans Bay Community Plan depicts the rezone area as B - Business Zoning District and indicates generally that residential and commercial uses will be segregated, and that the Russian Creek side of the Womans Bay Community will remain the designated commercial area. The Plan notes: "The preferred development pattern continues to focus new business development in areas that have traditionally served such a purpose, though in an improved physical arrangement and a renewed emphasis on design and development standards. The community's business center will continue to be the area along Chiniak Highway." " " "Other business activities may be accommodated in a second location. This area should offer neighborhood services such as day care that are small in scale and compatible to the surrounding residential uses." 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.22.110 Nonconformities. Regulations for nonconformities (lots, uses and structures) are contained in chapter 17.36 of this title. (Ord. 92 -13 '3, 1992). This section is included because the business uses that presently occur on those Tots if rezoned residential will now be termed "Non — Case 08- 011 /Staff Report Page 3 of 10 P & Z: February 20, 2008 Conforming uses. That is a business will be allowed to occur in a residential zone use, but with restrictions KIBC 17.72.030 Manner of Initiation. Changes in this title may be initiated in the following manner: *C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Under 17.72.060 Hearing determination, The burden of the applicants in requesting this change in rezoning is for them to meet the following test: Is there a "public necessity, convenience, general welfare and good zoning practice" case to be made to rezone this parcel. There is also a burden that the zoning change requested be supported by the Comprehensive Plan. All rezoning cases, because it is a change in the zoning map, requires additional public hearing and approval by the Assembly. KIBC 17.72.055 Submission to Assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial /Industrial Development 1. Natural Features Case 08- 011 /Staff Report Public Hearing Item VI -A Page 4 of 10 P & Z: February 20, 2008 Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. This action will result in no change in public access to the shoreline nor adversely impact scenic views. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. KIBC 17.21.050 (C) Performance Standards states that business use adiacent to residential uses require screening to be provided subject to review and approval by the commission. Consistent: N /A. This area is a long established commercial zoned area. The proposed rezone may, if approved, affect the range of uses allowed in Case 08- 011 /Staff Report Public Hearing Item VI -A Page 5 of 10 P & Z: February 20, 2008 the area; it may require business to however it is still intended to be predominantly commercial in nature. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N /A. No accessory development is proposed along the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. Residential Development 1. Location In areas with poorly- draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Case 08- 011 /Staff Report Yes. The proposed rezone is intended to address the desire for residential development in this area and in so doing recognize the fact that the area is dependent on the installation of onsite water and wastewater systems, which is not taken into account by the current B- Business District zoning. COMMENTS Public Hearing Item VI -A INTRODUCTION The general concept of rezoning a portion of the Womens Bay "Business Zoned Island" into residential zoning has been heard by the Commission a number of times in the past. This case is an expansion of the case heard by the commission a couple of month ago with the addition of a second tract of land (Tract K) which is immediately adjacent to and immediately north of the Dario Dayton request. Mr. Dayton has also included his two smaller properties (Lot 1 & 2, Dayton Subdivision) into the mix along with his remainder parcel (Tract A of Tract L) that he has sought residential rezoning in the past. The total request for this rezone is 19.81 acres. Page 6 of 10 P & Z: February 20, 2008 Legal Description Area Use Public Hearing Item VI -A • Lot 1, Dayton Subdivision 1.14 ac Vacant • Lot 2, Dayton Subdivision 1.44 ac Feed Store • Tract A of Tract L RCAS 8.07 ac Cabin and house • Tract K, RCAS 9.16 ac Outside Storage Total Acreage 19.81 ac QUESTIONS TO BE DEBATED The debate surrounding this case should be viewed by answering the following questions: 1. The 2007 Womens Bay Comprehensive Plan and the 2007 Kodiak Island Borough Comprehensive Plans show the future use of this area is to remain zoned for B - Business. 2. Is future need for business land identified in this area more important than the present need for residential? 3. Did the applicants make a sufficient case that by this action, there is a "public necessity, convenience, general welfare and good zoning practice" associated with the rezoning of these parcels from B- Business to RR1 — Rural Residential. 4. There is also a burden that the zoning change requested be supported by the Comprehensive Plan. All rezoning cases, because it is a change in the zoning map, requires additional public hearing and approval by the Assembly ANSWERS TO QUESTIONS 1. COMPREHENSIVE PLAN The 2008 Island Wide Comprehensive Plan identifies this area for "business" use. The plan is absent of any language that there was a desire by the Womens Bay community to change the zoning of this area from the Business zone to a Residential zoning district. In fact, there is specific mention in the plan about "keeping business areas separate from residential ". This long held concept of creating an existing "island" of business zoned in fact makes sense and makes it easy to keep uses incompatible -uses separated. Though this area of the business island is arguably underutilized, in the past it was active with the storage of fishing gear as `open storage. But planning, especially comprehensive planning is about future uses and reserving sufficient business zoned land for future development is important. Nothing came up at the comprehensive planning meeting or workshops about this concern. This is where those kinds of issues if important to the Womens Bay community would have been raised and discussed. Case 08- 011 /Staff Report Page 7 of 10 P & Z: February 20, 2008 Case 08- 011 /Staff Report Public Hearing Item VI -A 2. BUSINESS ZONING VS RESIDENTIAL ZONING The total amount of business zone area in Russian Creek is approximately 90 acres in size. Is that amount of business zoned land proportional to the size of the Womens Bay community? Will 90 acres of business zoned land service the business needs of the Womens Bay community, Lash Dock development or future Kodiak business needs? It is important that open storage is a permitted use in the business district. Based on KIB records, there are 39 vacant Tots that are zoned RR1 in the Womens Bay area. The vacant lots total 122 acres. If zoned residential, a number of legitimate business uses would become "non- conforming uses" That means that any future expansion of that use would be limited or prohibited. 3. DID THE APPLICANT MAKE A CASE THAT THE ZONING REQUEST IS IN THE BEST INTEREST OF THE COMMMUNITY? The applicants have not made the compelling case that a rezone is in the best interest of the Womens Bay or the larger Kodiak community. Though a rezone to residential may allow these parcels to be sold, the ability to sell the parcel or receive what might be thought of as a return on investment is not a compelling reason. The Basis of a rezone is fund in the comprehensive planning process, where the pieces of a town are pieced together to make a community that is logical in its segregated uses. Property ownership by individuals is a freedom we enjoy, but how they are divided and used is a community interest. 4. DOES THE COMPREHENSIVE PLAN SUPPORT THE APPLICANTS? The 2007 Womens Bay Comprehensive Plan nor the 2008 Kodiak Island Borough Comprehensive Plan makes any mention of the need to change the zoning and use of this area. The zoning categories and layout in Womens Bay is one that is organized, understood and supported by the public. And the desirable future character and pattern of development is known. CONFORMANCE WITH THE COMPREHENSIVE PLAN: As stated above, the request is inconsistent with the comprehensive plan. A change in the zoning will create a number of non - conforming uses for the business use that is legitimate occurring. A rezone will require bring residential use into contact with the noise, light and activity that occurs in a business zone ZONING /USE: The area is characterized as a mixed use of business, open storage and residential use. Because this side of the business island is away from the Chiniak Highway, it is not noted for high business traffic. There has been a much greater emphasis on home based business and residential use in general. Page 8 of 10 P & Z: February 20, 2008 LAND SUITABILITY: The area is substantially affected by wetland conditions. Some areas have been filled in over the years; however, current filling requirements by the U.S. Army Corps of Engineers may restrict the ability to fill the remaining land in the proposed rezone area. This is particularly true for the remaining large tracts located in the interior of the subdivision. A change to a more residential zoning will bring a need for onsite water and wastewater systems RECENT DEVELOPMENT TRENDS IN THE AREA: Lately, there has been a preference for lodging in the vicinity (the most recent activity is the development of a roadhouse structure at the old Rip — Tec lumber supply store). Residential development has occurred around the corner on Lot 88888. But open storage remains the primarily use. This use can only occur on Business —zoned property. TRAFFIC IMPACTS: The types of uses allowed in the B- Business zoning district are intended to provide a full range of commercial activities, many of which are intended to provide services to the public outside of the Womans Bay Community. RECOMMENDATION Staff recommends that the Comprehensive Plan guide the Commission in its decision. There may be a strong tug to change this area to residential, but the community had two shots to discuss rezoning this "business island" to something other than what it is currently zoned but chose not to do so. That in itself is a strong statement because we know how engaged the Womens Bay Community in the process of both the 2006 Womens Bay Comprehensive Plan and the 2008 Island -wide Comprehensive Plan. But that being said, the Commission has the prerogative to adjust the boundaries of the rezone area, just as it has the ability to initiate investigations in cases as this. Should that be the case, the commission should weigh this rezone against how many vacant residential Tots presently exist. Motion #1 Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B - Business to RR -1 Rural Residential One Zoning, and Case 08- 011 /Staff Report APPROPRIATE MOTIONS Public Hearing Item VI -A • Page 9 of 10 P & Z: February 20, 2008 FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. No justification for the rezone has been offered, nor has any need for the rezone been shown. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR1 -Rural Residential One zone is inconsistent with the preferred development pattern as expressed in the 2007 Womens Bay Community Plan or the 2008 Kodiak Island Borough Comprehensive Plan. Motion #2 to adopt the "Findings of Fact" in the staff report dated May 12, 2008, in support of this recommendation. Staff recommends denial of this motion. APPROPRIATE MOTION Move to adopt the findings of fact as spelled out in the May 12 staff report STAFF RECOMMNEDATION Staff recommends approval of this motion. Case 08- 011 /Staff Report STAFF RECOMMNEDATION Public Hearing Item VI -A Page 10 of 10 P & Z: February 20, 2008 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Kodiak, AK 99615 Re: Rezone Request Tract K and Tract L, Russian Creek Dear Planning Dept. and P &Z Commission, I am one of the petitioners for the rezone of Tracts K and L in the Russian Creek subdivision in Bells Flats. My Dad and I along with Bernie Lindsey were the original purchasers of tract K at auction. At the time, way back in the 80s, it seemed like businesses would be moving to the Flats and the "business" zoning made sense. However, in the intervening years, we've seen few businesses develop outside of Kodiak's core area and many of the small businesses that have tried to locate in Bells Flats have failed. Those businesses that have survived are primarily along West Rezaonf Drive. In addition, many of the adjacent and neighboring properties to tracts K and L have been rezoned or have been used exclusively for residential purposes. Finally, even if these parcels were used for business, those businesses would likely locate along South Russian Creek road and much of each parcel would remain unused since that part of the parcels that is away from the road is impractical for most business uses. (See, for example, the current use of tract L with limited business use along the road and the remainder of the parcel used for residential.) All of these reasons would justify a rezone of the property. The use expectations at the time of the original plan and platting simply haven't been realized and its time to adjust those expectations. I am aware that the Commission generally only takes testimony at the regular meeting and not the work session. Nevertheless, since I may have a scheduling conflict next week, I wanted the commission to be aware of the basis for my rezone request. If you or the staff have any additional questions, please do not hesitate to contact me. EC E 11 U MAY 1 4 2008 COMMUNITY DEVELOPMENT DEPARTMENT Duncan Fields P.O. Box 25 Kodiak, AK 99615 May 13, 2008 truly y can Fields A public hearing will be held on Thursday, August 7, 2008 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P&Z Case 08 -023.) If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, Email to niavierankodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on August 7, 2008. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Ordinance No. FY2009 -03 • Map • Public hearing form Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 nj aviergkodiakak.us NOTICE OF PUBLIC HEARING KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -03 Introduced by: Manager Gifford Requested by: P & Z Commission Drafted by: CDD Staff Introduced: 07/17/ 2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING FOUR (4) PARCELS OF LAND IN THE RUSSIAN CREEK SUBDIVISION, TOTALING APPROXIMATELY 20 ACRES, FROM B- BUSINESS TO RR1 — RURAL RESIDENTIAL ONE DISTRICT (P82 CASE 08 -023) WHEREAS, the "island" of business zone property in Womens Bay is located in the Russian Creek Subdivision; and WHEREAS, while the side of this business zoned property fronting Rezanof Drive (and including business from the Speedy Kraft store down to Rendezvous) are thriving, the back side of this B — Business zone "Island" fronting South Russian Creek Road has languished; and WHEREAS, the Planning and Zoning Commission has reviewed a number of requests to rezone the back portion of this business "island" in the Russian Creek Subdivision from its current B- Business zoning district to another zoning district to reflect the area's slowness to reach its full potential; and WHEREAS, much of the residentially zoned and available for development in Womens Bay has been utilized leaving the more challenging and environmentally sensitive parcels left to develop; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 21, 2008 as part of the review for this case; and WHEREAS, the Planning and Zoning Commission finds the request to be generally consistent with the goals and objectives of the 2007 Kodiak Island Borough Comprehensive Plan and that the rezoning would provide an additional population base to support the existing businesses that have located in the Womens Bay Community as well as encourage new business development by an increase in residential development; and WHEREAS, the Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly rezone the four (4) parcels identified in the staff report, totaling approximately 20 acres from B- Business to RR1 -Rural Residential One. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of general application and shall not be codified. Section 2: The four (4) parcels of land described below and totaling approximate 20 acres are hereby rezoned from B- Business to RR1 -Rural Residential One. 1. Lots 1 & 2, Dayton Subdivision 2. Tract A of Tract L, Russian Creek Alaska Subdivision 3. Tract K, Russian Creek Alaska Subdivision Kodiak Island Borough, Alaska Ordinance No. FY2009 -03 Page 1 of 2 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. 17.72.020 B. Findings as to the Effect a Change or Amendment Would Have on the Objectives of the Comprehensive Plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet)." • More residential development will provide an additional population base to support the existing businesses that have located in the Womens Bay Community as well as encourage new business development with an increase in residential development. ATTEST: • A need for residential property has been expressed by the public. • Current use of adjacent business zoned lots includes a mix of business and residential use. • Location of property is inconsistent with the primary retail intent of business zoning. • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development. • Much of the residentially zoned land available for development in Womens Bay has already been utilized leaving the more challenging and environmentally sensitive left to develop. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2009 -03 Page 2 of 2 Current Location 1` > 83, 1:19E67, 1`1'945, & 11723: S. Russian Creek Rd. Agenda Item # P &; ZCase=# =0za rjlo a j rr, . ricabiFrer s ,� Req:u rezone, ,aacard'Frrg, o s rIEC.17 72. and 17.72;.Q3 C, from 13- to R.R1 -Rural . Res�iddnt ai Orr . Legend subject parcels notification area 0 375 750 Feet N s Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. MOTES • A..a• A.MMaM r moor•. • L. A MINMI PPM aAMYa. MMMrr Mr A MOaM. 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A.S A' { �, � p� rAK Aetuw7nwr olrn►ICr Icy •:a ' M FLA OM . a, wr ae AMY Mr 1101 PM, II MN •MM Now •• IMP MMVO n. DATE v /II; NMI 1407P ■•••• I•r AM AL AMMO AMmT r 4119,0/1rQyLZypq E 7F - 29-os PUBLIC HEARING FORM Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P&Z Case 08 -023.) ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: VVritten comments may be submitted by email to niavier(c�kodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 7, 2008. vi a) L U O a) (6 E X O L Q a) 0 1- O > - o a) a) 0 c .-. ca m (1) N CO • O a) a) L N as .c U - a N C � ca J a O 4 C) 0) + TD u U L • (1) a, c O �/ (6 � c O a) LL. 70 C 4) N 76 s- (1) Co) O tY 1 HI LL w a) z .= C m (Q m C 0 O LL C_ N w H Y Y Y Y Y Y Y Y Y Y Y r Y Y Y Q Y Y Y Y Y Y Y Y Y Y J N Q Q Q Q Q Q Q Q Q Q Q > d Q Q U Q Q Q d a Q Q Q Q Q LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U Y Y Y Y Y Y Y Y Y Y Y N In (n w CC 0 0 V) () w CC 0 0 In In Ln Ln Ln Ln In Ln Ln Ln Ln ri Ln cF In Lt Lr) o Ln Lr1 Lr1 Ln Ln Ln In Ln 0 e r -1 r-I ,1 C-I r-I r-I r-I rl ,-I 0 r-I o e-I N c-I U e-I t-I r-I r-I c- I r-I .- v LC) LD LD LD l0 LO LD LD LO LD LO 0 LC) Ln (JD N LC) Q1 VD L0 l0 LO L0 LO l0 L0 O rn rn rn rn rn rn rn rn rn rn rn m rn rn rn o rn rn rn rn rn rn rn rn rn rn m rn rn C rn rn rn rn rn rn rn rn oo rn rn rn rn rn rn rn rn C rn rn rn rn rn m Y Y Y Y Y Y Y Y Y Y a Q a a a Q Q Q Q Q Q (n 0 U 0 0 0 w z a CC C CC C Q w Q= F w 0 Y Q 0 Z N Z U Z U CO w o! U m 2 0 0 0 c w m 0 1-- w o 0 Q 0 CC CC G Y w CC (n J J z z w z 0 U O r-I X 0 0 0 0 0 0 0 0 Z Q u 2 cc Lu O o I- 0 H Y Y Y Y Y Y Y Y w <<<<<<<< 0 0 0 0 0 0 0 0 w Y Y Y Y Y Y Y Y Y w U 0 0 0 J w w z= w z o z m U a w _ a W Q= a Q 0 0 4) E 'X O 0_ 0_ Q J < < _ < 0 < < < < < 0 0 0 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 c o N > 0 Q 0) U ) U c C) (/) N U) z O N � (0 N cob (v CL O 0 N cn U as N CL O tt — z O N LL 'a c N N Tu • CC O O cc o cc Ln Ln Ln Li) CO Lfl VI Ln Ln Ln ,-I 0 0 r+ CO CO CO CD 00 Ln CO CO 1.0 CO CO 01 01 Q1 Q1 01N Ol Ol C CI 01 cm C rn rn Ln c.o rn 01 01 cn Q1 Z cc 0 m - J W Z Z V) 0 0 H C < J G LJ Z Z 2 < CD < z J Hello my name is Luke Lester. On the eighteenth of June I put down earnest money on LT 1 of the Dayton Subdivision and Track A of Track L of the Russian Creek Subdivision ; or the majority of Darlo Daytons land. I am writing this in concern of the rezone I am buying this land for business use and would like it to stay business land ! I have talked to some people in the borough and I will be attending the August seventh assembly meeting. I have also talked with Darlene Cane who is buying LT 2 from Darlo that has an existing business on it and she had no idea about what is going on with this rezone, and wants nothing to do with RR1 She had said that she would contact the borough on Monday. I have also talked with Darlo and since his original idea of rezoning and selling fell apart and sold it as is to me and Darlene he is also in agreement of keeping business land. Thank you I am leaving town tonight for fishing I check voice mail if for any reason any one should need to talk of me please call (907)539 -5293 Luke Lester L AUG - 1 2008 07/22/2008 09:14 9074871955 This is in support of the rezone. This is in opposition of the rezone. Other comments. Mailing Address:' s Yet Comments: 1 TUNDRA PLUMBING /HTG4 PAGE 01 PUBLIC HEARING FORM Ordinance No. FY2009•03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B-Business To RRI — Rural Residential One District (P&Z Case 08 -023.) Residence Address: g S 9 Written comments may be submitted by email to niavierte7,kodiakak.us, fax to 907 - 486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 o.m. on Thursday. August 7, 2008. (13 H _ a x - H • W = Cri C.- 1 — __ -,..) kn z 7. 4) Z PI 41) :- 0 r1-4 ki) • tor, c - r V) r Z 0 M 0 n = * - UM ---___ • WO in 0) " Z r_ 0 E D 0 ..: I I 1 D a ri • o on o _ .... tr 0 _ =_ 00 0 _ 1 .... * o c CD 1■11.4 .7 8 Nova Javier From: geotech @alaska.com on behalf of Laurene Madsen [geotech @alaska.com] Sent: Friday, August 08, 2008 4:21 PM To: Nova Javier Subject: proposed rezoning in Russian Creek Subdv. Hi, I am unable to come to the P & Z meeting, but want to voice my agreement with this rezone and think it is a great idea. I just hope they get the junkyard cleaned out of there as a requirement for RR!, thank you, Laurene Madsen Lots 7,8, & 9 Russian Hill Subdv. KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING ITEM NO: 9.0 TITLE: Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to incorporate the Kodiak Island Borough Coastal Management Program Plan Update. SUMMARY: The consultant, the Planning & Zoning Commission and staff have worked to develop a plan that expresses the wishes and desires of borough residents regarding future development in the coastal areas of the Kodiak region. This plan has been approved by the Alaska Department of Natural Resources (ADNR) and the Federal Office of Coastal Resource Management (OCRM) so it is not possible to consider any further amendments at this time. In order to make the plan enforceable however, and restore the borough's "place at the table" during coastal project reviews, it is contingent upon the adoption of this plan update. As a second class borough, the KIB does have land use regulation authority through its planning and zoning powers. There are many exceptions however where that authority does not extend such as off -shore (within the borough 3 -mile boundary limit), on the Coast Guard Base, at the Kodiak Launch Complex, etc. In many instances the KIB Coastal Management Program, and the related State of Alaska Regulations from which they are derived, may have more to do with development located outside of established communities than our own local zoning authority. Staff recommends the adoption of the KIB Coastal Management Program Plan Update and passage of this ordinance for codification. FISCAL NOTES: Account No.: NA Amount Budgeted: NA Expenditure Required: NA APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -04. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -04 Introduced by: Assembly Requested by: Manager Gifford Drafted by: Comm. Dev. Dept. Introduced: 07/17/2008 Public Hearing: 08/07/2008 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 17 ZONING OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES BY AMENDING SECTION 17.02.030 COMPREHENSIVE PLAN TO INCORPORATE THE KODIAK ISLAND BOROUGH COASTAL MANAGEMENT PLAN UPDATE WHEREAS, an update to the Kodiak Island Borough Coastal Management Program Plan was mandated by the State of Alaska in 2003 as a result of HB 191; and WHEREAS, borough staff engaged the services of a qualified consultant in 2004 at the beginning of the plan update process; and WHEREAS, the plan update process was made more difficult by the many changes to DNR staff that were also related to the implementation of HB191; and WHEREAS, the Kodiak Island Borough has had a completed plan since February 2006, however due to disagreements over the nature of enforceable policies that the borough would be allowed to have in its plan, several substantial revisions were required in order to obtain a plan that was approvable by ADNR and thus forwarded on to the federal Office of Coastal Resource Management; and WHEREAS, the borough's former coastal management plan has long been sun - setted since September 1, 2007, leaving the borough without a "place at the table" when coastal development projects were being reviewed by other state and federal resource and regulatory agencies; and WHEREAS, the Assembly can now correct that situation by enacting this plan update and restoring the borough coastal district to a fully functional state. 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: Title 17 Zoning of the Kodiak Island Borough Code of Ordinances is amended as follows: 17.02.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated (tho dato of adoption) December 6, 2007 prepared by Cogan, Owens, Cogan and the Kodiak Island Borough. Kodiak Island Borough Ordinance No. FY2009 -04 Page 1 of 3 B. Karluk Village Relocation Plan. Prepared by Management and Planning Services. (Adopted by Resolution No. 78 -64 -R, dated October 5, 1978); C. Near Island Comprehensive Development Plan. Prepared by the Near Island Task Force, City of Kodiak and the Kodiak Island Borough, dated August 27, 1987. (Adopted by Ordinance No. 87 -31 -0, dated November 5, 1987); D. Kodiak Island Borough Comprehensive Parks and Recreation Plan. Prepared by Kramer, Chin and Mayo. (Adopted by Ordinance No. 79 -9 -0, dated January 9, 1981); E. 1997 Port Lions Comprehensive Development Plan. Originally prepared by Environmental Science and Engineering in 1981. (Ord. 97 -24 '2, 1997; Adopted by Resolution No. 82 -6 -R, dated January 6, 1982); F. Womens Bay Community Plan. Prepared by Womens Bay community and Kodiak Island Borough community development department. (Adopted by Ordinance No. FY2007 -12. datod March 1, 1982 dated March 15, 2007); G. Coastal Management Program Update, prepared by Glenn Gray & Associates and the Kodiak Island Borough; dated (the date of adoption). H. City of Larsen Bay Comprehensive Development Plan. Prepared by Norgaard Consultants. (Adopted by Resolution No. 84- 117 -R, dated November 1, 1984); I. City of Ouzinkie Comprehensive Development Plan. Prepared by Norgaard Consultants. (Adopted by Resolution No. 84- 118 -R, dated November 1, 1984); J. Karluk Comprehensive Development Plan. Prepared by Norgaard Consultants. (Adopted by Resolution No. 85 -14 -R, dated February 7, 1985); K. Monashka Bay Comprehensive Plan. Prepared by the Monashka Bay planning group and the Kodiak Island Borough community development department. (Adopted by Resolution No. 85 -48 -R, dated June 6, 1985); L. Shuyak Island Comprehensive Plan. Prepared by the Kodiak Island Borough, dated July 1986. (Adopted by Ordinance No. 86 -19 -0, dated September 4, 1986); M. Akhiok Comprehensive Plan and Capital Improvement Program. Prepared by the Kodiak Island Borough, dated September 1986. (Adopted by Ordinance No. 86 -41 -0, dated November 6, 1986); N. Chiniak Comprehensive Plan. Prepared by the Kodiak Island Borough and the Chiniak Community Forum, dated May 1987. (Adopted by Ordinance 87 -22 -0, dated July 7, 1987); 0. Old Harbor, City of Three Saints, Comprehensive Plan and Capital Improvements Program, Public Hearing Draft June 1989; P. Lakeside Subdivision /Safeway Subarea Land Use Plan dated October, 1991. Prepared by the Kodiak Island Borough. (Adopted by Ordinance No. 91 -31, dated November 21, 1991); and Kodiak Island Borough Ordinance No. FY2009 -04 Page 2 of 3 Q. Urban Islands Comprehensive Plan, Public Hearing Draft, dated April, 1993. Prepared by the Kodiak Island Borough community development department. R. Pasagshak/Narrow Cape Area Plan, dated June 1999, prepared by the Kodiak Island Borough. (Ord. 99 -05 '2, 1999; Ord 93 -37 '2, 1993; Ord. 91 -31 -0 '2, 1991; Ord. 89 -34 -0 '2, 1989; Ord. 87 -31 -0 '3 , 1987; Ord. 87 -22 -0 '2, 1987; Ord. 86 -41 -0 '2, 1986; Ord. 86 -19 -0 '2, 1986; Ord. 85 -19 -0 '1(part), 1985; Ord. 85 -9 -0 '1(part), 1985; Ord. 84 -67 -0 '1(part), 1984; Ord. 84 -9 -0, 1984; Ord. 82 -44 -0 '1(part), 1982). ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Ordinance No. FY2009 -04 Page3of3 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 Date: July 2, 2008 To: Kodiak Island Borough Assembly Thru: Rick Gifford, Borough Manager Thru: Bud Cassidy, Director, CDD From: Duane Dvorak, Associate Planner, CDD RE: General comments to accompany the Kodiak Island Borough Coastal Management Program Plan Update, proposed KIB Ord. No. 2009 -04 This memorandum is intended to facilitate adoption of the updated KIB Coastal Management Program Plan as approved by the federal Office of Coastal Resource Management (OCRM) in February 2008. It has taken several months to get the final version of the plan back from ADNR which made some last minute changes which were not documented in our final submitted version. Due to ADNR staff changes during the protracted review period, it took several months to locate the updated final documents that went to OCRM. Staff has assembled the entire plan and associated appendices which are contained in two three ring binders that were given to the Borough Clerk's Office. Although the cover indicates July 2007, there were in fact a number of changes to the plan after this date that were required by ADNR to put more enforceable policies back into the Borough's plan. OPMP completed their review in the fall of 2007 and recommended that only one enforceable coastal policy be allowed. The enforceable policies that were added back in to the plan are not, for the most part, the same policies that were previously denied by OPMP. They are policies which closely mirror the state regulations that resulted from HB 191, and which became law under the Murkowski Administration in 2004. Although the intentions of HB 191 were to make the plan more transparent and user friendly to the public and the development community, the end result may not have succeeded on this point. Another goal of the coastal plan revision process was to make all plans statewide more consistent with one another. This will help simplify the more centralized development permitting and review process now focused in the Alaska Department of Natural Resources. The intent is to make it easier for ADNR to review and permit development projects around the state because the enforceable policies around the state will be very similar, if not identical. The approved plan represents a tremendous effort on the part of the community, the Planning & Zoning Commission and stag. Several rounds of meetings were held, and the borough engaged a qualified consultant (Glenn Gray & Associates) who did the bulk of the plan drafting and research. It is important to adopt this approved plan in order to restore the Kodiak Island Borough's "place at the table" when coastal development is being considered by other state and federal agencies. The 1983 Kodiak Island Borough Coastal Management Flan was terminated by law on September 1, 2007, so the borough has been without a plan now for about three- quarters of a year. Although the borough has other land use regulatory powers, only the coastal management program gives the borough an opportunity to comment on off- shore activity, federal development in the refuge and on the coast guard base, development at the KLC and other unique areas which zoning may not apply to. It has been more than 25 years since the borough adopted its last coastal management program plan. Even though this update was mandated to the Kodiak Island Borough and all other coastal districts, the fact remains that the borough was long overdue for an update to its coastal plan and policies. DNR is already working on a re- evaluation of the program to see whether some changes may be advisable to roll back some of the 2003 changes, but that process will be a long time developing and it would behoove the borough to have this plan on the books in order to have legal standing if a major coastal development project was proposed in the Kodiak region tomorrow. What does the new plan bring to the table for the residents of Kodiak? A few significant points come to mind, although there are certainly more that could be listed: 1. A "place at the table" when other federal and state agencies are considering major developments within the KIB. 2. Enforceable policies upon which to evaluate proposed developments for consistency. 3. A simple and transparent review process for citizens and developers when large scale coastal developments are proposed. 4. Compiled and updated resource information for the borough, bringing together a large and diverse set of coastal information related to coastal environments and activities. 5. The plan update provides a much needed re -write of plan assumptions and policies that have become outdated over the past 25 years. CONCLUSION The Kodiak Island Borough needs to adopt a new Coastal Management Program Plan in order to be fully functional as a coastal district. Currently, staff can only use the applicable state regulations in order to evaluate projects, which is a duplication of effort with the DNR permit reviewers. In addition, the statewide regulations have no sense of location with regard to unique communities or environments that may be identified in the Kodiak Archipelago. Having a local plan will make that information and the related policies which were written to address Kodiak economy and quality of life issues available to staff and the community as a resource in future coastal project reviews. KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING ITEM NO: 12.A TITLE: Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. SUMMARY: This ordinance was requested and sponsored by Assembly member Branson. KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by Resolution. This ordinance clarifies the process when individual actions of municipal officials are being challenged or the possibility of individual liability is presented and outside counsel is needed. This ordinance would require that the request for payment be made through the governing body of the Assembly before hiring another attorney. After public hearing on June 19 regular meeting, the Assembly postponed this to August 7. The motion before the Assembly is to adopt Ordinance No. FY2008 -21. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Z‘'- RECOMMENDED MOTION: Move to amend Ordinance No. FY2008 -21 by AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.24 BOROUGH ATTORNEY BY ADDING SECTION 2.24.040 ALTERNATE COUNSEL WHEREAS, Alaska Statutes allows the Assembly to provide the manner of appointing legal counsel; and WHEREAS, KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by Resolution; and WHEREAS, municipal officials, when their individual actions are being challenged, may need to seek alternate counsel to protect their personal interests; and WHEREAS, any municipal official presented with the possibility of individual liability who chooses to have an alternate counsel and who anticipates that the Kodiak Island Borough should pay the official's attorney fees must discuss the request with the governing body before hiring another attorney; 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: Kodiak Island Borough Code of Ordinances is hereby amended by adding Section 2.24.040 Alternate counsel. Sections: 2.24.010 2.24.020 2.24.030 2.24.040 Kodiak Island Borough Borough attorney. Procedure for appointment. Service and removal. Alternate counsel. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -21 Chapter 2.24 BOROUGH ATTORNEY Introduced by: Assembly Member Branson Requested by: Assembly Member Branson Drafted by: Borough Atty/Clerk Introduced: 06/05/2008 Public Hearing: 06/19/2008 Postponed: 08/07/2008 Adopted: 2.24.010 Borough attorney. Because the borough may sue and be sued and may enter into legal agreements, the assembly may retain legal counsel to act on the borough's behalf and to be recognized as the attorney. Ordinance No. FY2008 -21 Page 1 of 2 2.24.020 Procedure for appointment. The assembly shall appoint the attorney by resolution. 2.24.030 Service and removal. The attorney shall serve at tI a pleasure of the assembly and may be removed by order of the assembly. 40' 2.24.040 Alternate Counsel. Any r trr`t!pal officiar presented with the possibility of personal Iiabili has a right to choose an alternate counsel other than the Borough attorney. Payment of fees or an a If counsel must be preauthorized by a resolution of the Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH t,„ %I) J S THIS DAY OF , 2008 V " as KODIAK ISLAND BOROUGH ATTEST: Nova M. Javier, CMC, Borough Clerk Jerome M. Selby, Borough Mayor Kodiak Island Borough Ordinance No. FY2008 -21 Page 2 of 2 FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2009 -02 NE Contract With ECl/Hyer, Inc. for Architectural Programming for Near Island Research and Administrative Facility. SUMMARY: The Kodiak Island Borough has received a $1,500,000 legislative grant for the design and development of a Near Island Research and Administrative Facility. Currently the project is in the pre- design stage of development. Proposals were solicited for architecture and engineering services, and ECI /Hyer, Inc. was selected by the Architectural Review Board. The contract before the Assembly includes full A/E services, however at this time only programming and concept design phase is authorized for a lump sum amount of $89,700. Additional phases of A/E services under this contract will be negotiated and brought before the Assembly for approval. Staff recommends approval of an NE contract with ECI /Hyer, Inc. for an authorized amount not to exceed $89,700. $1,500,000 $89,700 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2009- 02 with ECI /Hyer, Inc. of Anchorage, Alaska, in the amount not to exceed $89,700 for architectural programming and concept design services for the Near Island Research and Administrative Facility. nirMitnnitiM HYER ARCHITECTURE PLANNING INTERIORS DEVELOPMENT 101 WEST BENSON SUITE 306 ANCHORAGE, AK 99503 (907) 561-5543 (907) 562 - 3213 -FAX Kodiak Fish & Game Building Project Number 0405/1.1.3 June 20, 2008 Woody Koning Director Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 RE: Programming and Concept Design Services Dear Mr. Koning: ECI /Hyer is very pleased to assist with the preliminary design efforts in planning the new office /research building for the Kodiak Island Borough. Our efforts would include interviews with the intended building users, Borough and City staff appropriate to the project, to understand the project goals and space requirements. We would develop a written program which will be the foundation for the ensuing design process. It is appropriate at this stage to also conduct a preliminary code review for the building. With this information in hand we would develop a concept site plan layout and concept building plans. A budgetary level cost estimate would also be included. We propose to complete this work for the following basis of compensation: Review, Inventory & Interviews Program Document Code Review Concept Design Cost Estimate Expenses Total $18,900 $32,400 $ 4,300 $24,300 $ 6,000 $85,900 $ 3,800 $89,700 With this package in hand the Kodiak Island Borough will have the project well defined to advance funding efforts, political support and have a solid basis of design for furthering the project. Koning June 20, 2008 Page 2 We are pleased to see forward progress on this project and are most enthusiastic to be working with you toward its success. If you have any questions, please give me a call. Sincerely, ECI /Hyer, Inc. TH /snf \--24 Terry K. Hyer, AIA Init. JAIA. Document B101TM - 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Seventh day of August in the year Two Thousand Eight (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 -6398 Telephone Number: (907) 486 -9300 Fax Number: (907) 486 -9394 and the Architect: (Name, address and other information) ECI Hyer, Inc. 101 W. Benson Blvd., Suite 306 Anchorage, AK 99503 Telephone Number: (907) 561 -5543 Fax Number: (907) 562- 3213 for the following Project: (Name, location and detailed description) ADF &G Research Facility Kodiak, Alaska Design of a new research/office building of approximately 18,000 S.F. to be located on Near Island. The utilities are assumed to tie to those existing. The tenant is assumed to be the State of Alaska Department of Fish and Game. The Owner and Architect agree as follows. Fr(-6.L ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101 TM - 2007 cformerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ° ' Document, or any portion of it, may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1:1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project's site and program, Owner's contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method, and other information relevant to the Project.) The project involves the design of a new research/office building of approximately 18,000 gross square feet for the Kodiak Island Borough with the State of Alaska Department of Fish and Game as the singular tenant. Design of interior spaces as directed by tenant is included in the scope of work. The intended site is adjacent to and southwest of the existing Kodiak Fisheries Research Center and will utilize the utilities serving that facility. The construction value is currently budgeted at approximately $9,500,000 to be delivered under a traditional design- bid -build methodology with construction beginning in May of 2009. It is understood that this contract is being developed for full Architecture/Engineering services for the project but the Owner is authorizing only the programming and concept design efforts at this time. The detailed scope of work and compensation will be developed subsequent to this phase and written authorization by the Owner is required to proceed. § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: May, 2009 AIA Document B101 TM - 2007 (formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA ` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. .2 Substantial Completion date: September, 2010 § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: (Identifj' types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any) .1 General Liability $1,000,000 Each Occurrence / $2,000,000 Aggregate Automobile Liability $1,000,000 Hired & Non -Owned Autos .3 Workers' Compensation $1,000,000 .4 Professional Liability $1,000,000 ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in Article 3 are Additional Services. § 3.1.1 The 'Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. AIA Document B101 TM - 2007 (formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. AIA Document B101 TM — 2007 formerly 8151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner. and request the Owner's approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 33.1 Based on the Owner's approval of the Schematic Design Documents. and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the. Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 15.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; AIA Document 8101 TM — 2007 cf ormerly 6151 TM — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA X' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre -bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. 1 (Paragraphs deleted) § 3.6 CONSTRUCTION PHASE SERVICES § 3.61 GENERAL §'3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201 TM -2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201 -2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over charge of or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. §3.6.1,3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is AIA Document 8101 TM - 2007 f ormerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on 'natters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201 -2007. the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain' a record of the Applications and Certificates for Payment. § 3.6.4' SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect - approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. AIA Document 8101 TM - 2007 cformerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U,S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA "" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436916945) Init. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment,. the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK §3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and - performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. AIA Document B101" — 2007 formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Additional Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section. 4.2 below or in an exhibit attached to this document and identified below) § 4.1.1 Programming A § 4.1.2 Preliminary designs A § 4.1.3 Measured drawings N.P. § 4.1.4 Existing facilities surveys N.P. § 4.1.5 Site and Planning A § 4.1.6 Building information modeling N.P. § 4.1.7 Civil engineering A § 4.1.8 Landscape design A § 4.1.9 Architectural Interior Design A § 4.1.10 Value Analysis (B204TM -2007) N.P. § 4.1.11 Detailed cost estimating A § 4.1.12 On -site project representation N.P. § 4.1.13 Conformed construction documents N.P. § 4.1.14 As- designed record drawings N.P. § 4.1.15 As- constructed record drawings A § 4.1.16 Post occupancy evaluation N.P. § 4.1.17 Facility Support Services (B210TM -2007) N.P. § 4.1.18 Tenant - related services N.P. § 4.1.19 Coordination of Owner's consultants N.P. § 4.1.20 Telecommunications /data design N.P. § 4.1.21 Security Evaluation and Planning (B206TM— 2007) N.P. § 4.1.22 Commissioning (B211TM -2007) N.P. §4.1.23 Extensive environmentally responsible design N.P. § 4.1.24 LEED Certification (B214TM -2007) N.P. § 4.1.25 Fast -track design services N.P. § 4.1.26 Historic Preservation (B205TM -2007) N.P. § 4.1.27 Furniture, Finishings, and Equipment Design (B253TM -2007) N.P. Init. (Designate the Additional Services the A rchitect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identifv the exhibit.) § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. 4.1.1 The Architect will review existing documentation, interview the Owner and tenant representatives, and provide a program document delineating the tenant spaces and requirements. 4.1.2 The Architect will develop concept designs as appropriate to the program, culminating in a singular design concept reaching consensus approved by the Owner with a budgetary cost estimate. 4.1.5 The Architect will provide a site plan locating building, parking, sidewalks, utilities, and site amenities as appropriate to use and budget. 4.1.7 Civil Engineering as a subconsultant to the Architect will be provided as it relates to on -site development noted in 4.1.5. 4.1.8 Landscape Architectural design as a subconsultant to the Architect will be provided as it relates to on -site development noted in 4.1.5. AIA Document B101 TM - 2007 formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AiA'' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of H. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008. and is not for resale. User Notes: (2436918945) Init. 4.1.9 The Architect will provide interior designs for tenant spaces as directed by the Owner and appropriate to the budget. 4.1.1 I The Architect, through a Cost Estimator, will provide detailed cost estimates at the Schematic Design, Design Development, and Construction Document phases. 4.1.15 The Architect will provide record drawings to the Owner based upon marked -up drawings provided by the Contractor. § 4.3 Additional Services may be provided after execution of this Agreement. without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in -depth material research, energy modeling, or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner - provided information, Contractor- prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; AIA Document 8101 TM - 2007 cformerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected. providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 TBD ( ) visits to the site by the Architect over the duration of the Project during construction .3 TBD ( ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 TBD ( ) inspections for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within Twenty -eight ( 28 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and, private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. AIA Document B101 TM - 2007 Sformerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA''" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647 1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall AIA Document 8101 TM - 2007 formerly 8151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted 10 the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. .1 give written approval of an increase in the budget for the Cost of the Work: .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect. revise the Project program, scope, or quality as required to reduce the Cost of the Work: or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub- subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. AIA Document B101 TM - 2007 (formerly 8151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 -2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) Arbitration pursuant to Section 8.3 of this Agreement Litigation in a court of competent jurisdiction Other (Specify) § 8.3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based AIA Document B101 TM - 2007 cformerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. on the claim. dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim. dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 CONSOLIDATION OR JOINDER § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. AIA Document 8101 TM - 2007 formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647 1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201 -2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) TBD § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) AIA Document B101 TM - 2007 ctormerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. For additional services 4.1.1 and 4.1.2. the hundred dollars ($85,900) broken down as Review, Inventory, & Interviews Program Document Code Review Concept Design Cost Estimate § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation.) Hourly rates including all overhead and profit or negotiated lump sum payments. § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus One and fifteen hundredths percent ( 1.15% ), or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase Total Basic Compensation Architect shall be compensated a lump sum of eighty five thousand. nine follows: $18,900 $32,400 $4,300 $24,300 $6,000 $85,900 TBD TBD TBD percent ( percent ( percent ( TBD percent ( TBD percent ( TBD one hundred percent ( 100 § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) 2008 Hourly Rates attached as Exhibit A. Hourly Rates to be adjusted each ensuing calendar year. (Table deleted) § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out -of -town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; AIA Document B101 TM - 2007 (formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA ` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) 17 Init. .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock -ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project - related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus One and one -tenth percent ( 1.10% ) of the expenses incurred. Estimated budget of Three thousand, eight hundred dollars and zero cents ($3,800). § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) per annum § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B 10ITM -2007, Standard Form Agreement Between Owner and Architect .2 AIA Document B101 - 2007 formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Init. (Paragraphs deleted) Exhibit A Hourly billing, rates. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT — ECI /HYER, INC. (Signature) (Signature) (Printed name and title) (Printed name and title) AIA Document B101 T^^ - 2007 ctormerly 8151 T M - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Additions and Deletions Report for AIA Document B101 — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:20:45 on 07/23/2008. PAGE 1 AGREEMENT made as of the Seventh day of August in the year Two Thousand Eight Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 -6398 Telephone Number: (907) 486 -9300 Fax Number: (907) 486 -9394 ECI Hyer, Inc. 101 W. Benson Blvd., Suite 306 Anchorage, AK 99503 Telephone Number: (907) 561 -5543 Fax Number: (907) 562 -3213 ADF &G Research Facility Kodiak, Alaska Design of a new research/office building of approximately 18,000 S.F. to be located on Near Island. The utilities are assumed to tie to those existing. The tenant is assumed to be the State of Alaska Department of Fish and Game. PAGE 2 The project involves the design of a new research/office building of approximately 18,000 gross square feet for the Kodiak Island Borough with the State of Alaska Department of Fish and Game as the singular tenant. Design of interior spaces as directed by tenant is included in the scope of work. The intended site is adjacent to and southwest of the existing Kodiak Fisheries Research Center and will utilize the utilities serving that facility. The construction value is currently budgeted at approximately $9,500,000 to be delivered under a traditional design- bid -build methodology with construction beginning in May of 2009. It is understood that this contract is being developed for full Architecture/Engineering services for the project but the Owner is authorizing only the programming and concept design efforts at this time. The detailed scope of work and compensation will be developed subsequent to this phase and written authorization by the Owner is required to proceed. Additions and Deletions Report for AIA Document 8101 TM - 2007 (formerly 8151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) § 4.1.1 Programming A § 4.1.2 Multiple pliPreliminary designs A § 4.1.3 Measured drawings N.P. § 4.1.4 Existing facilities surveys N.P. § 4.1.5 Site Evaluation Planning 2007) A and (B203TM § 4.1.6 Building information modeling N.P. § 4.1.7 Civil engineering A § 4.1.8 Landscape design A § 4.1.9 Architectural Interior Design (B252TM 2007) A § 4.1.10 Value Analysis (B204TM -2007) N.P. § 4.1.11 Detailed cost estimating A § 4.1.12 On -site project representation N.P. § 4.1.13 Conformed construction documents N.P. § 4.1.14 As- designed record drawings N.P. § 4.1.15 As- constructed record drawings A PAGE 3 PAGE 6 May. 2009 September, 2010 $1,000,000 Each Occurrence / $2,000,000 AeueQate $1.000,000 Hired & Non -Owned Autos $1,000,000 $1,000,000 PAGE 9 1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and 3 participating in negotiations with prospective contractors, a -o negotiation results, as directed by the Owner. Additions and Deletions Report for AIA Document 8101 TM - 2007 (formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) § 4.1.16 Post occupancy evaluation N.P. § 4.1.17 Facility Support Services (B21 OTM -2007) N.P. § 4.1.18 Tenant - related services N.P. § 4.1.19 Coordination of Owner's consultants N.P. § 4.1.20 Telecommunications /data design N.P. § 4.1.21 Security Evaluation and Planning (B206TM— 2007) N.P. § 4.1.22 Commissioning (B21 1TM -2007) N.P. § 4.1.23 Extensive environmentally responsible design Ni. § 4.1.24 LEED Certification (B214TM -2007) N.P. § 4.1.25 Fast -track design services N.P. § 4.1.26 Historic Preservation (B205TM -2007) N.P. § 4.1.27 Furniture, Finishings, and Equipment Design (B253TM -2007) N.P. 4.1.1 The Architect will review existing documentation, interview the Owner and tenant representatives, and provide a program document delineating the tenant spaces and requirements. 4.1.2 The Architect will develo concept desi•ns as a..ro.riate to the iro•ram culminating in a sin:ular design concept reaching consensus approved by the Owner with a budgetary cost estimate. 4.1.5 The Architect will provide a site plan locating building, parking. sidewalks, utilities, and site amenities as appropriate to use and budget. 4.1,7 Civil Engineering as a subconsultant to the Architect will be provided as it relates to on -site development noted in 4,1.5. 4.1.8 Landscape Architectural design as a subconsultant to the Architect will be provided as it relates to on -site development noted in 4.1.5. 4.1.9 The Architect will provide interior designs for tenant spaces as directed by the Owner and appropriate to the budget. 4.1.11 The Architect, through a Cost Estimator, will provide detailed cost estimates at the Schematic Design, Design Development, and Construction Document phases. 4.1.15 The Architect will provide record drawings to the Owner based upon marked -up drawings provided by the Contractor. PAGE 11 § 4.3.4 If the services covered by this Agreement have not been completed within Twenty -eight ( 28 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 16 TBD .1 Two (2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 TBD ( ) visits to the site by the Architect over the duration of the Project during construction .3 TBD ( ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 TBD ( ) inspections for any portion of the Work to determine final completion Additions and Deletions Report for AIA Document 8101 TM - 2007 (formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA``" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) PAGE 17 For additional services 4.1.1 and 4. I.2. the hundred dollars ($85,900) broken down as Review, Inventory, & Interviews Program Document Code Review Concept Design Cost Estimate PAGE 18 Architect shall be compensated a lump sum of eighty five thousand, nine follows: $18,900 $32,400 $4,300 $24,300 $6,000 $85,900 Hourly rates including all overhead and profit or negotiated lump sum payments. § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus One and fifteen hundredths percent ( 1.15% ), or as otherwise stated below: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase TBD percent ( TBD percent ( TBD percent ( TBD percent ( TBD percent ( TBD 2008 Hourly Rates attached as Exhibit A. Hourly Rates to be adjusted each ensuing calendar year. Empieyee Gategeiy Rate § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus One and one -tenth percent ( 1.10% ) of the expenses incurred. Estimated budget of Three thousand, eight hundred dollars and zero cents ($3.800). § 11.10.1 An initial payment of Zero Dollars and Zero Cents ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. Additions and Deletions Report for AIA Document B101 T " - 2007 (formerly B151 - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) per annum PAGE 19 OWNER .2 AIA Document E201 2007, Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents: (List other documents, if any, including Exhibits, Initial Information, and additional scopes of service, if a, forming part of the Agreement.) Exhibit A Hourly billing rates. ARCHITECT — ECI /HYER, INC. Additions and Deletions Report for AIA Document B101TM - 2007 (formerly B151TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S, Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 12:20:45 on 07/23/2008 under Order No. 1000317647_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document B 101T" — 2007 - Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM - 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA • Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:20:45 on 07/23/2008 under Order No.1000317647_1 which expires on 8/20/2008, and is not for resale. User Notes: (2436918945) TITLE: Contract No. FY2009 -03 Recycle Services with Threshold Services, Inc. SUMMARY: Threshold Services, Inc., a private non - profit entity, maintains a receiving, handling, processing, storage, and marketing operation for recyclable materials in Kodiak for shipment to markets off - island. Threshold achieves this through its goal to provide work and training for persons with disabilities or who are chronically not employable. During calendar year 2007, Threshold processed 500 tons of recyclable material for the KIB and an additional 168 tons for the USCG (under a separate contract with the USCG). Those recyclable items include newspaper, magazines, white and colored paper, various plastics, and tin cans. The amount of recyclables processed for the KIB may be expected to increase as Threshold has established satellite drop -off stations within the Borough. But, in general the KIB recyclable material includes those items brought by the public to Threshold's location on Von Scheele, the satellite stations, as well as the material picked up by Threshold at various business locations and the community cardboard dumpster deliveries paid for through the KIB's contract with AK Waste. Threshold is proposing to maintain the current contract pricing; $9,000 for the first 30,000 pounds of material and $.15 per pound for any additional material. During fiscal year 2008 the average price per month for the contract was approximately $19,300. Therefore, for the proposed initial term of this contract, six months, it is expected the contract will cost approximately $115,800. The contract and its costs will be evaluated after 6 months for another 6 month period and brought back to the Assembly for approval. Staff has reviewed this contract and recommends approval. FISCAL NOTES: Account No.: 530 -731 450 -510 Amount Budgeted: $200,000 Expenditure Required: $115,800 APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING ITEM NO: 13.A.2 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2009- 03 with Threshold Services, Inc. of Kodiak, AK for the unit price of $9,000 for the first 30,000 pounds and $.15 per pound for recyclable material over 30,000 pounds for the period of July 1, 2008 to December 31, 2008. Rick Gifford Borough Manager 710 mill Bay Rd. Kodiak, AK 99615 Dear Rick, T resbob Services Inc. 323 Carolyn Street, Suite rot Kooia( AK 99 Pone: (907) 486 -6024 Fax: (907) 486-6112. July 28, 2008 On behalf of Threshold Services, Inc., we offer to continue our recycling effort with Kodiak Island Borough for a six month period beginning July 1, 2008, with an option to renew at the same rates. Those rates, the same that were in place for the period from July 1, 2007 through June 30, 2008 are as follows: $9,000 for the first 30,000 pounds of material or any portion of 30,000 Ibs $.15 per lb thereafter Based upon our records, and assuming volume continues at about the same level that it was in 2007 -08, you should expect to pay something on the order of $18,000 per month. This is because the borough component of general recycled materials (cardboard, paper, magazines, and plastic) has been averaging about 90,000 pounds per month. The first 30,000 is billed at $9,000, and the remaining 60,000 pounds at $.15 per pound, or $ 9,000, for a total of about $18,000. The average cost is thus $.20 per pound, or about $400 per ton. We appreciated the opportunity to have our representatives meet with yourself, Tracy Mitchell, and Woody Koning on Tuesday, July 8. Based on that meeting, we are going to use the next six months to explore opportunities to reduce the per pound cost of the recyclable materials to the borough. We do expect to be able to reduce that cost by exploring at least two additional possibilities: (1) exploring the benefits (primarily Tess handling) and costs (a reduced price from our market) of not segregating the various recycling streams before shipping; and (2) exploring economies of scale As is explicit in our current pricing schedule to both the Borough and the Coast Guard, once we get our core costs covered, the marginal cost of additional material is significantly below our average cost. And while we are not prepared to commit to any particular additional price structure now because we don't have the data, we expect that if we had twice as much material moving through our plant, the average cost would drop substantially. ECE1VE5 JUL 2 E 2008 1 KIB MANAGER Ji4 28, 2.008 Pa 2 of 2. We are aware that the Assembly is currently considering several suggestions from the consultants and the SWAB that might increase incentives for citizens to recycle. We hope to be in a position in six months to estimate the cost and to have a new pricing schedule to present to you. Thus for example, if our marginal cost dropped to $.10 per pound for the second 90,000 pounds, we might be able to reduce our average cost to $.15 per pound rather than the current $.20 per pound. Obviously, the Assembly will need to provide some guidance and direction regarding its goals before we are able to make an offer consistent with those goals. You also expressed interest in some of our cost figures, and we are able to provide the following information in that regard. Our income comes primarily from four sources: (a) the contract with KIB; (b) the contract with the Coast Guard; (c) payments from our market in Tacoma for delivered recyclable materials; and (d) pick up fees paid by businesses. The primary components of our expenses are for: (a) personnel; and (b) operating our facility. Our projected net income for calendar year 2008 is approximately $1,000 on total income of approximately $470,000, and this assumes a continuing contractual relationship with the borough at the current rate. Please let us know if you need any additional information regarding our proposal or operations. Best regards. Sincerely yours, THRESHOLD SERVICES, Inc. B ahoney resident S: \WP \CLIENTS \4046 \024 Correspondence \letter to Rick Gifford 7- 9- 08.wpd AGREEMENT FOR RECYCLING SERVICES THIS AGREEMENT made this day of 2008 by and between the Kodiak Island Borough (MB) and Threshold Services, Inc. (Threshold), hereinafter called the Contractor. WITNESSETH: That the MB and Contractor for the consideration hereinafter recited agree as follows: 1. Project. The Contractor agrees to perform all services necessary for the processing and shipment of recyclable materials within the city and borough limits. The KIB will continue to cover costs associated with tipping the six cardboard recycling dumpsters that are received by the Contractor. Recyclable material includes paper, cardboard, food grade tin and aluminum, plastics, etc. Recyclable material does not include large metal items such as appliances or home construction type of siding. 2. Duration of Agreement. The term of this agreement is for six (6) months with one (1) optional extension for an additional six (6) months. The agreement will start on July 1, 2008. 3. Project Manager. The project manager shall be the KIB's Environmental Specialist in the Engineering and Facilities Department of the KIB or KIB manager's designee. 4. Compensation. The KIB agrees to pay to the Contractor as compensation for services under the following payment schedule: $9,000 per month, up to 30,000 lbs of material or any portion of 30,000 lbs; and $ .15 per lb thereafter. 5. Payment. All requests for payment shall be for recyclables shipped unless otherwise agreed to by KIB and Threshold. The Contractor shall provide documentation that satisfies KIB and will provide easily understandable and reproducible forms of back up information that is accurate and does not require much review time by MB. The Contractor shall provide any additional information to KIB which may be reasonable in support of any payment request. Monthly invoices and shipment backup shall be delivered to KIB no later than the end of the month and shall be paid within thirty (30) days from the date of the invoice unless MB shall notify the Contractor in writing of its reason for not making payment of the sums requested. 6. Documentation. Contractor shall maintain throughout the duration of the Agreement plus three (3) years, documentation on all of the services provided. Contractor shall maintain records to substantiate all work performed and fees requested. Such records shall include, but not be limited to, daily records on the pounds of processed recyclables, shipment records C:\Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files\ Content .Outlook \YCQ25IBE\Professional Services Agreement June 2008.doc1 Page 1 of 9 and location of recyclable pick up locations etc. Copies or portions of this documentation may be requested by KIB to be supplied with Contractor's monthly requests for payment. 7. Right to Audit. Contractor shall maintain complete and accurate records, kept in accordance with generally accepted accounting standards, of all of Contractor's costs that are chargeable to KIB and shall retain such records for at least three (3) years after completion of the contract. Contractor shall also maintain records of customers served. KIB shall have the right, at any reasonable time, to inspect and audit those records during the course of work and throughout the three (3) year retention period. Contractor shall accommodate such review at no additional cost. Contractor shall incorporate this requirement in all contracts with third parties to which this work may be subcontracted. 8. Indemnification. The Contractor specifically obligates himself to pay for all materials furnished and services performed under this Agreement. Contractor shall indemnify and hold KIB, its elected officials, officers, and employees free and harmless from all losses, damages, expenses, judgments, liens, claims, suits, demands, or liabilities of any kind, including reasonable attorneys' fees, for injury or death to persons, or loss, or damage to property arising out of Contractor's performance of this contract. Such indemnity shall not cover losses, damages, expenses, judgments, liens, claims, demands, or liabilities that are caused by the sole negligence of KIB. Contractor shall be given notice of any suit, claim, or demand within a reasonable time after KIB acquires knowledge thereof, and shall be authorized to defend the same without cost to KIB (saving that KIB shall pay its own counsel fee if it wishes to have separate representation in any suit) Contractor shall be given all information and assistance that it may reasonably require to defend the action. No compromise or settlement of any such suit, claim, or demand shall be entered into until the written notice of Contractor has been given to KIB. 9. Insurance. A. General Insurance Provisions: i. Contractor shall not commence with work under this contract until it has obtained the insurances required under this section. ii. All coverage shall be with insurance carriers licensed and admitted to do business in the State of Alaska.'' iii. All coverage shall be with insurance carriers acceptable to KIB. iv. Proof of Insurance Coverage: Contractor shall provide KIB, at the time the contract is returned for execution, Certificates of Insurance and/or policies, acceptable to the KIB, as listed below. a. Two (2) copies of Certificate of Insurance for Workers' Compensation Insurance; b. Two (2) copies of Certificate of Insurance for Commercial General Liability Insurance; c. Two (2) copies of Certificate of Insurance for Vehicle Liability Insurance; d. Original Policy, or binder pending issuance of policy, for Owners Contractors Protective Liability Insurance; e. If so requested, Certified Copies of all policies shall be furnished. C:\Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files\ Content .Outlook \YCQ25IBE\Professional Services Agreement June 2008.doc2 Page 2 of 9 v. Continuation of Coverage: If any of the above coverages expire during the term of this contract, Contractor shall deliver renewal certificates and/or policies to KIB at least ten (10) days prior to the expiration date. B. Specific Insurance Provisions: Contractor shall at all times, at its own expense, keep in force the following described insurance for protection against the claims of employees or other persons, insuring both the Contractor and the KIB against liability that may accrue against them or either of them in connection with Contractor's performance under this assignment. i. Workers' Compensation Insurance: the Contractor shall procure and maintain during the life of this contract, Workers' Compensation Insurance, disability benefits and other similar employee benefit acts including Employers' Liability Coverage, in accordance with all applicable statues of the State of Alaska. ii. Public Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Public Liability Insurance covering bodily injury, death, and property damage with combined single limit of not less than $1,000,000. iii. Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCU) Exclusions, if applicable; (F) Per contract aggregate. iv. Motor Vehicle Liability: The Contractor shall procure and maintain during the life of this contract, Motor Vehicle Liability Insurance, including applicable No -Fault coverages, with limits of liability of not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. v. Owners Contractors Protective Liability: The Contractor shall procure and maintain during the life of this contract, an Owners & Contractors Protective Liability Policy with limits of liability not less than $1,000,000 per occurrence and/or aggregate, combined single limit, Personal Injury, Bodily Injury and Property Damage. The KIB shall be "Named Insured" on said coverage. A sixty (60) days Notice of Cancellation shall apply to this policy. vi. Additional Insured: The following shall be Additional Insureds: The KIB, and including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers. This coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess. C:\Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files\ Content .Outlook \YCQ25IBE\Professional Services Agreement June 2008.doc3 Page 3 of 9 vii. Cancellation Notice: Workers' Compensation Insurance, Commercial General Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "Sixty (60) days Advance written notice of cancellation or non - renewal shall be sent to: Tracy Mitchell, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, AK 99615. a. If Contractor fails to comply with the insurance requirements of this Agreement, the KIB may terminate the Agreement; b. Contractor covenants to maintain all insurance policies required in this Agreement for the period of time in which a person may commence a civil action as prescribed by the applicable statues of limitations. The coverage required by this Agreement shall over all claims arising in connection with the performance of Contractor under this Agreement, whether or not asserted during the term of this Agreement and even though judicial proceedings may not be commenced until after the expiration of this Agreement; c. If Contractor is self - insured the KIB will require a statement to that effect and; d. Certificate of Insurance for liability and errors and omissions insurance, especially for Contractor acting as agent (n/a if self insured). 10. Claims. A. Payments for work performed under this Agreement will equal the value of the work done by the Contractor at the agreed price; provided that the Contractor is not indebted to the KIB or anyone else for professional services, fringes, taxes, supplies, materials, equipment, rental or other proper charges against the services covered by this Agreement. B. The Contractor must notify the KIB or its agent of any and all claims for costs in excess of the contract amount within ten (10) days of incurring such cost. 11. Changes and Modifications. A. The KIB may, at any time by written order signed by the Borough Manager, or his designee, of the KIB, make changes in the specifications for services hereunder or in the project schedule. Any additions or reductions to the amount of this Agreement resulting from authorized changes whether initiated by Contractor or the KIB must be agreed upon in writing by both parties hereto, subject to the contract and sale provisions of the KIB Code. B. The cost or credit to the KIB resulting from a change in the services or in the project schedule shall be determined as follows: i. by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation or; ii. by the fees stated in the Contract Documents or subsequently agreed upon. 12. Prosecution of Work. The Contractor shall prosecute the work in a prompt and diligent manner whenever such work or any part of it becomes available, in order to promote the general progress of the entire Project. Upon written request by the KIB, the Contractor shall C:\Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files\ Content .Outlook \YCQ25IBE\Professional Services Agreement June 2008.doc4 Page 4 of 9 furnish to the KIB such evidence as the KIB may require relating to the ability of the Contractor to complete the Project. 13. Approvals. The Contractor shall obtain and pay for all permits, licenses and official inspections made necessary by his work, and shall comply with all laws, ordinances and regulations bearing on his work and the conduct thereof. 14. Stop Work. A. If the Contractor fails to correct defective services as required herein or persistently fails to carry out the project in accordance with the Contract Documents, the KIB, by a written order signed personally or by an agent may order the Contractor to stop work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the KIB to stop work shall not give rise to any duty on the part of the KIB to exercise this right for the benefit of the Contractor or any other person or entity. B. If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents and fails within fourteen (14) days after receipt of written notice from the KIB to commence and continue correction of such default or neglect with diligence and promptness, the KIB may, after seven (7) days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy it may have, make good such deficiencies but use its best efforts to mitigate the cost of curing such default. In such case an appropriate change order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including compensation for Borough staff's additional services made necessary by such default, neglect or failure. 15. Withholding Payments. KIB shall have the right to withhold from payments due Contractor such sums as necessary, in KIB's sole and exclusive opinion, for the purposes listed below in this section. Action taken under this section shall not affect other rights or remedies of KIB granted by other provisions of this agreement or by law; and do not relieve Contractor from the consequences or liabilities arising from Contractor's acts or omissions. A. To protect KIB against any loss or damage that may result from the events listed in this section and any other negligence or unsatisfactory work by Contractor; B. Failure of Contractor to perform or abide by an obligation under the contract; C. Claims against Contractor or MB related to Contractor's performance of work; D. Damages by Contractor to others not adjusted; E. Failure of Contractor to make proper payment to Contractor's employees, material suppliers, or subcontractors; and F. Probable filing of a claim against KIB or Contractor. G. The application for payment misstates the amount of services completed; H. The methodology used to document services completed is unsatisfactory; I. Defective services not remedied; J. Third party claims filed or reasonable evidence indicating probable filing of such claims; C:\Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files\ Content .Outlook \YCQ25IBE\Professional Services Agreement June 2008.doc5 Page 5 of 9 16. Time. K. Failure of the Contractor to make payments properly to consultants and subcontractors or for professional services, materials or equipment; L. Persistent failure to perform the services in accordance with the contract documents. A. Definitions: i. unless otherwise provided, the contract time is the period of time allotted in this Agreement. ii. the date of commencement of the project is the date established in this Agreement as set forth above. iii. the term "day", as used in the Contract Documents, shall mean calendar day unless otherwise specifically designated. iv. all time limits set forth herein are of the essence in this Agreement. 17. Termination and Default. A. If the Contractor is adjudged a bankrupt entity, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled professionals or proper services, or if he fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a violation of a provision of this Agreement, then the KIB may, without prejudice to any right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of all materials and documents prepared by the Contractor in connection with the Project, and may finish the work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. B. If the unpaid balance of the contract sum exceeds the costs of finishing the Project, including compensation for the Project Contractor's additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the KIB. The amount to be paid to the Contractor or to the KIB, as the case may be, shall be certified by the Project Manager, upon application, and this obligation for payment shall survive the termination of the Contract. 18. Assignment. This Agreement shall not be assigned by operation of law or through negotiated Agreement by the Contractor without the written permission of KIB. However, subcontracting portions of the Project to be performed pursuant to this Agreement shall not be considered an assignment for the purposes of this Agreement. The Contractor shall not subcontract any work to be performed or any materials to be furnished in the performance of the Contract without the prior written consent of the Owner. If the Contractor shall subcontract any part of this Contract, the Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractor and of the persons either directly or indirectly C:\Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files\ Content .Outlook \YCQ25IBE\Professional Services Agreement June 2008.doc6 Page 6 of 9 employed by the Subcontractor, as he is for the acts and omissions of himself and of persons directly employed by him. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. 19. Waiver. Failure of the KIB or the Contractor to enforce a specific section of this Agreement against one another or to enforce a particular demand of the KIB or the Contractor made pursuant to the terms of this Agreement shall not effect a waiver of any of the KIB's or the Contractor's rights and powers as set forth in this Agreement. 20. Correcting Deficiencies and Dispute Resolution. A. Correcting Deficiencies: A deficiency in Contractor's work that is noted by KIB shall immediately be corrected to the satisfaction of KIB. KIB's interpretation or decision is binding on Contractor, subject to the following dispute resolution provisions of this Agreement. B. Dispute Resolution: The Borough Manager shall at the request of Contractor, decide any dispute arising under this contract which is not disposed of by agreement between Contractor and KIB's Project Manager. The Borough Manager shall reduce their decision to writing and furnish a copy to Contractor. The Borough Manager reserves the right to make a written request to Contractor at any time for any additional information needed to make their decision. The decision of the Borough Manager shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, Contractor mails or otherwise furnishes to the Kodiak Island Borough Assembly, a written appeal. The Notice of Appeal shall include specific exceptions to the Borough Manager's decision, including specific provision of the contract relied upon. General assertions that the Borough Manager's decision is contrary to law or to fact are not sufficient. The decision of the Kodiak Island Borough Assembly shall be rendered within one hundred twenty (120) days of the Notice of Appeal. The decision shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. 21. Default. Either party shall have the right to terminate this agreement upon notice in writing to the other party. Notices are to be mailed to: Office of the Borough Manager, 710 Mill Bay Road, Kodiak, Alaska 99615 (for notices to KIB) and Threshold Services, Inc., 323 Carolyn Street, Suite 101, Kodiak, AK 99615 (for notices to Contractor) upon the occurrence of any of the following events: A. Should the other party be declared insolvent or bankrupt, or make an assignment for the benefit of creditors, or in the event that a receiver is appointed or any proceeding is demanded by, for, or against that party under any provision of the Federal Bankruptcy Act or any amendment thereof; B. Should the other party default in the performance of any agreement made under this agreement and such default shall not be remedied to the noticing party's satisfaction within ten (10) calendar days of the demand. It is understood that significant environmental harm or danger to person or property may result by any failure of performance under this agreement and therefore time is of the essence in this provision for termination; and C:\Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files\ Content .Outlook \YCQ25IBE\Professional Services Agreement June 2008.doc7 Page 7 of 9 C. Should the business of Contractor be sold, leased, or for any reason pass from the actual supervision or control of its principal agents as of the date of this agreement. Contractor shall not discontinue required service under this agreement without ninety (90) days notice to KIB. The failure of either party to exercise any of its rights under this Agreement for a breach of an obligation created by this Agreement shall not be deemed to be a waiver of such rights nor shall the same be deemed to be a waiver of any subsequent breach. No custom or practice of the parties at variance with the terms of this agreement shall constitute a waiver of any right to demand exact compliance with the terms of this Agreement. In the event suit is filed to enforce any of the terms or conditions of this agreement, the prevailing party shall be entitled to reasonable attorney's fees. In the event of default the Contractor shall allow KIB to use its equipment in order to continue recycling services for a period of up to six (6) months. All contracts, leases, or other documents encumbering or limiting Contractor's interest in such property shall contain this provision. 22. Integration. The Agreement and the referenced documents represent the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. 23. Authorized Signatory. Contractor will provide confirmation/certification of current authorized signatories for Threshold Services, Inc. and provide updates to KIB within 10 days of any changes to authorized signatories. 24. Notice. Written notice pursuant to this Contract shall be deemed delivered to either party if hand delivered to a superintendent or officer of a party or mailed to the parties at the following addresses: Kodiak Island Borough Threshold Services, Inc. Office of the Manager 323 Carolyn Street, Suite 101 710 Mill Bay Road Kodiak, Alaska 99615 Kodiak, Alaska 99615 -6398 25. Litigation Assistance. The Scope of Services does not include costs of the Contractor for required or requested assistance to support, prepare, document, bring, defend or assist in litigation undertaken or defended by MB. All such Services required or requested of the Contractor by KIB, except for suits or claims between the parties to this Agreement, will be reimbursed as mutually agreed, and payment for such Services shall be in accordance with Section 5, unless and until there is a finding by a court or arbitrator that the Contractor's sole negligence caused KIB's damage. 26. Certification. The Contractor certifies that it is not debarred, suspended, proposed for debarment or declared ineligible for work with the State of Alaska. Contractor shall notify the C:\Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files\ Content .Outlook \YCQ25IBE\Professional Services Agreement June 2008.doc8 Page 8 of 9 KIB within five (5) working days of any such action brought against the Contractor during the term of this Agreement. The terms of this Agreement shall be from July 1, 2008 to December 1, 2008. KODIAK ISLAND BOROUGH CONTRACTOR By: By: Rick L. Gifford, Borough Manager ATTEST: Nova M. Javier, CMC Borough Clerk Title: (print title) C:\Documents and Settings\mmcfarland\Local Settings \Temporary Internet Files\ Content .Outlook \YCQ25IBE\Professional Services Agreement June 2008.doc9 Page 9 of 9 TITLE: Ordinance No. FY2009 -05 of the Kodiak Island Borough Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government. SUMMARY: Certain real property has been deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2006 and previous years. Planning and Zoning Commission has reviewed the parcels as required by KIBC 18.10.030 by public hearing in June 2008 They were declared surplus to "public need" and determined to be available for future land sale. The United Fish and Wildlife Service (USFWS) has expressed an interest in purchasing parcel T3OS R28W TL 1811 ZACHAR BAY & T31S R28W TL 2903 AMOOK BAY at fair market value from the borough. KIBC 18.20.100 (B) Disposal for fair market value allows the assembly and its agents to directly negotiate with the United States, the state of Alaska, or any political subdivision thereof upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough. The property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS will promote efficient management for public recreation, refuge for wildlife, and are consistent with the goals and objectives of the comprehensive plan. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING ITEM NO: 13.C.1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -05 in first reading to advance to public hearing on August 21, 2008. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -05 Introduced by: Borough Manager Requested by: Finance Department Drafted by: Finance Department Introduced: 08/07/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING THE NEGOTIATION OF A SALE AT FAIR MARKET VALUE OF TAX FORECLOSED PROPERTIES TO THE FEDERAL GOVERNMENT. WHEREAS, certain real property has been deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2006 and previous years; and WHEREAS, the United Fish and Wildlife Service (USFWS) has expressed an interest in purchasing parcel T3OS R28W TL 1811 Zachar Bay and T31 S R28W TL2903 Amook Bay at fair market value from the borough; and WHEREAS, KIBC 18.20.100 (B) Disposal for fair market value allows the assembly and its agents to directly negotiate with the United States, the state of Alaska, or any political subdivision thereof upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough; and WHEREAS, the property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS will promote efficient management for public recreation and refuge for wildlife is consistent with the goals and objectives of the comprehensive plan; and NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of a general application and shall not be codified. Section 2: The assembly concurs with the finding from Planning and Zoning Commission declaration of "surplus ". Section 3: The assembly hereby authorizes the manager to negotiate a sale of former refuge property to USFWS for fair market value. The proceeds of any sale shall be distributed in the same manner as the proceeds of a tax sale under AS 29.45.480 (B). Section 4: The terms of the sale are subject to the approval by resolution of the assembly. Kodiak Island Borough Ordinance No. FY2009 -05 Page 1 of 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2009 -05 Page 2 of 2 IN REPLY REFER TO: RE /7315.IS Ms. Cassandra Juenger Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 T )e9r Ms_ uenaer: United States Department of the Interior FISH AND WILDLIFE SERVICE 1011 E. Tudor Road Anchorage, Alaska 99503 -6199 JUN 3 0 2008 The U.S. Fish and Wildlife Service is interested in acquiring Kodiak Island Borough property number R5302801811, Tax Lot 1811, which is a remote parcel located at Carlsen Point, and is further described as being located within Section 18, Township 30 South, Range 28 West, Seward Meridian. The previous owner of the property is listed as Cynthia Rose Fenwick Testamentary Trust. Acquisition of the parcel is an important priority to the Service, due to the high quality of wildlife habitat found in the area in which the property is located. We appreciate and value the consideration that the Borough has offered the Service in the past by providing opportunities to acquire properties for inclusion into the Kodiak National Wildlife Refuge. The Service is willing to provide its assurance and commitment that, if given the opportunity, we would purchase the parcel at fair market value. If you have any questions or require further information or assistance, please contact Ivars Stolcers, Realty Specialist, at (907) 786 -3541, or by email at ivars_stolcers @fws.gov. cc: Refuge Manager, Kodiak National Wildlife Refuge if Danielle G. Jerry Chief, Division of Realty and Natural Resources TAKE PRI !NAM ERICA Alaska Kodiak NWR Tract 61x Kodiak Island Borough rec 11.;-,Ng IN REPLY REFER TO: RE /7316.IS Ms. Cassandra Juenger Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Ms. Juenger: United States Department of the Interior FISH AND WILDLIFE SERVICE 1011 E. Tudor Road Anchorage, Alaska 99503 -6199 r JUN U 0 20f8 The U.S. Fish and Wildlife Service is interested in acquiring Kodiak Island Borough property number R5312802903, Tax Lot 2903, which is a remote parcel located on the shore of Amook Bay, and is further described as being located within Section 29, Township 31 South, Range 28 West, Seward Meridian. The previous owner of the property is listed as Carl Larsen, Jr. Acquisition of the parcel is an important priority to the Service, due to the high quality of wildlife habitat found in the area in which the property is located. We appreciate and value the consideration that the Borough has offered the Service in the past by providing opportunities to acquire properties for inclusion into the Kodiak National Wildlife Refuge. The Service is willing to provide its assurance and commitment that, if given the opportunity, we would purchase the parcel at fair market value. If you have any questions or require further information or assistance, please contact Ivars Stolcers, Realty Specialist, at (907) 786 -3541, or by email at ivars_stolcers @fws.gov. cc: Refuge Manager, Kodiak National Wildlife Refuge Danielle G. Jerry Chief, Division of Realty and Natural Resources TAKE PRIDE* J I NAM ERICA Alaska Kodiak NWR Tract 61y Kodiak Island Borough Memorandum DATE: June 30, 2008 TO: Rick Gifford, Borough Manager FROM: Martin Lydick, Associate Planner Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us } Community Development Department SUBJECT: Public Use Determination for Tax Foreclosed Properties The attached materials determine the recommended disposition of seven (7) tax - foreclosed properties from 2008. Planning and Zoning Commission review of these properties resulted from the conveyance of seven (7) parcels of property to the Kodiak Island Borough, due to non - payment of taxes. The Commission reviewed these tax - foreclosed properties as required by KIBC 18.10.030, which states in part, "the planning commission shall review the newly acquired land and make recommendations as to whether all or any portion of the land should be devoted to public use, reserved for future use to meet projected requirements, or made available for sale, lease, or other disposition in conformance with the borough's comprehensive land use plan." The Planning and Zoning Commission conducted a public hearing on June 18, 2008 regarding the disposition of seven (7) foreclosed properties. As a result of that meeting, the Commission recommends the Assembly take the following action: Recommended Motion: Move to declare that the seven (7) 2008 tax foreclosed properties, as identified in the attachment, be declared as surplus to the "public need" and subsequently offered at a future KIB land sale. Information considered by the Commission is attached for Assembly review. \ \Dove \departments \CD \U - Assembly \Transmittal Memos to KIB Assembly\2008 tax foreclosure memo.doc June 18, 2008 CALL TO ORDER Chair King calls to order the June 18, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONER KERSCH. The motion was SECONDED by COMMISSIONER HARRINGTON and it CARRIED by unanimous voice vote. A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda. It was SECONDED by COMMISSIONER HARRINGTON and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES Kodiak Island Borough Planning & Zoning Commission Meeting Minutes Regular Meeting Assembly Chambers • Planning & Zoning Commission Special Meeting of May 9, 2008. • Planning & Zoning Commission Regular Meeting of May 21, 2008. COMMISSIONER JANZ MOVED TO APPROVE the May 9, 2008 minutes. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. COMMISSIONER JANZ MOVED TO APPROVE the May 21, 2008 minutes. The motion was SECONDED by COMMISSIONER JUENGER and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case 08 -024. Request a Variance, according to KIBC 17.66, to allow a proposed single - family dwelling to encroach no more than ten (10) feet into the required twenty-five (25) foot P&Z Meeting Minutes June 18, 2008 Page 1 of 11 Absent Others Present _Commissioners Dave King -Chair _Present X _Excused Bud Cassidy, Director Brent Watkins X Community Development Dept. Casey Janz X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Gary Juenger X Jim Purdy X Erin Harrington X June 18, 2008 CALL TO ORDER Chair King calls to order the June 18, 2008 regular meeting of the Planning and Zoning Commission at 7:30 p.m. ROLL CALL COMMISSIONER WATKINS MOVED TO EXCUSE COMMISSIONER KERSCH. The motion was SECONDED by COMMISSIONER HARRINGTON and it CARRIED by unanimous voice vote. A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda. It was SECONDED by COMMISSIONER HARRINGTON and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES Kodiak Island Borough Planning & Zoning Commission Meeting Minutes Regular Meeting Assembly Chambers • Planning & Zoning Commission Special Meeting of May 9, 2008. • Planning & Zoning Commission Regular Meeting of May 21, 2008. COMMISSIONER JANZ MOVED TO APPROVE the May 9, 2008 minutes. The motion was SECONDED by COMMISSIONER WATKINS and it CARRIED by unanimous voice vote. COMMISSIONER JANZ MOVED TO APPROVE the May 21, 2008 minutes. The motion was SECONDED by COMMISSIONER JUENGER and it CARRIED by unanimous voice vote. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case 08 -024. Request a Variance, according to KIBC 17.66, to allow a proposed single - family dwelling to encroach no more than ten (10) feet into the required twenty-five (25) foot P&Z Meeting Minutes June 18, 2008 Page 1 of 11 Legal Description Location Zoning Aleutian Homes Bk10Lt1 1112 Thorsheim St R -1 Russian Crk Lt 17B -2 908 Sargent Crk Rd RR -1 USS 1736, Tract B (Port Lions) Appx 1 mile south / southwest of town center. CN - Conservation Zoning District Old Karluk TR D Lot 6 NHN Old Karluk R — 1 T31 S R28W TL 2903 Amook Bay CN - Conservation Zoning District USS 1967 SE portion T37S R31W TL 3005 (Moser Bay) CN - Conservation Zoning District T3OS R28W TL 1811 Zachar Bay (Carlsen Point) CN - Conservation Zoning District front yard setback, per KIBC 17.18.050 A. The applicant is Peggy Dyson Malson. The location is 1213 W. Kouskov Street and it is zoned R1- Single Family Residential. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to postpone Variance Case No. 08 -024 until the Regular Meeting of the Planning & Zoning Commission on July 16, 2008. The motion was SECONDED by COMMISSIONER PURDY. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: COMMISSIONER HARRINGTON stated she was approached by someone regarding this case. The question was called and it CARRIED 6 -0. B. Case 08 -027. Request a Planning & Zoning Commission Review, in accordance with KIBC 18.10.030, of seven (7) parcels of tax foreclosed properties from tax year 2006. The applicant is the Kodiak Island Borough and the agent is Cassandra Juenger. The location and zoning varies. Cassidy gave a brief staff report. COMMISSIONER HARRINGTON MOVED TO recommend to the Kodiak Island Borough Assembly that the following seven (7) tax- foreclosed parcels be declared not to be of "public need" and be offered at a future KIB land sale: Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: P&Z Meeting Minutes June 18, 2008 Page 2 of 11 The question was called and it CARRIED 6 -0. OLD BUSINESS A. Case 03 -012. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4, and 5 from R1- Single Family Residential to B- Business. The applicants are Brian & Sara Blondin. Cassidy gave a brief staff report stating they have already made a decision and now they need to adopt the findings. Make sure you are comfortable with them because they are your findings. COMMISSIONER HARRINGTON MOVED to postpone the adoption of findings of fact for Case 03 -012 until the September special meeting of the Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER JANZ. Discussion of postponement, public safety and well being, and different options. The question was called, and it FAILED 5 -1. The aye votes were COMMISSIONER JUENGER and CHAIR KING. When asked "Does anyone wish to change your vote" CHAIR KING stated yes, he would like to change his vote. COMMISSIONER WATKINS MOVED TO ADOPT the findings presented in the staff memorandum dated June 6, 2008 as "Findings of Fact: for Case 03 -012. The motion was SECONDED by COMMISSIONER PURDY. COMMISSIONER HARRINGTON MOVED TO AMEND the findings of fact in the staff memorandum to include in item 1D after the text "the current lodging use would not be permissible under the B- Business zoning and therefore the application for rezone would neither address the petitioner's concerns nor serve any other articulated purpose." The motion was SECONDED by COMMISSIONER JANZ. A discussion of codes. The question was called on the amended motion and it CARRIED 6 -0. COMMISSIONER HARRINGTON MOVED TO AMEND section 1C of the findings to add language so that the sentence that starts at the end of the 5th line "a majority of residents" so that it states," a majority of residents present at the May 9 special meeting of the Planning & Zoning Commission have expressed concerns for public health and safety," etcetera, as it's written there. The motion was SECONDED by COMMISSIONER PURDY. The question was called on the amended motion and it CARRIED 6 -0. COMMISSIONER HARRINGTON questioned Robert's Rules of Order and expressed dissatisfaction with not being able to make all amendments previous to approving them and the main motion. COMMISSIONER PURDY expressed the same dissatisfaction. The question was called on the main motion and it CARRIED 6 -0. COMMISSIONER JUENGER MOVED TO AMEND the findings of fact 1B of the draft we in front of us, line #6, the sentence of that's inclusive to that line "R1 could however allow a Bed & Breakfast use on a property with a single - family dwelling subject to a conditional use permit." The motion was SECONDED by COMMISSIONER HARRINGTON. A brief discussion. P&Z Meeting Minutes June 18, 2008 Page 3 of 11 Legal Description Location Zoning Use T31 S R28W TL 2903 Amook Bay y CN - Conservation Zoning District VAC USS 1967 SE portion T37S R31 W TL 3005 (Moser Bay) CN - Conservation Zoning District Fish Site? T3OS R28W TL 1811 Zachar Bay (Carlsen Point) CN - Conservation Zoning District VAC Legal Description Location Zoning Use USS 1736, Tract B (Port Lions) Appx 1 mile south / southwest of town center. CN - Conservation Zoning District VAC Old Karluk TR D Lot 6 NHN Old Karluk R — 1 VAC Legal Description Location Zoning Use Aleutian Homes Bk 10 Lt 1 1112 Thorsheim St R -1 SFR Russian Crk Lt 17B -2 908 Sargent Crk Rd RR -1 SFR KODIAK ISLAND VILLAGES: KODIAK ISLAND REMOTE: Case 08- 027 /Staff Report MEMORANDUM Page 1 of 4 Public Hearing Item VI -B DATE: May 30, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 18, 2008 Regular Meeting CASE: 08 -027 APPLICANT: Kodiak Island Borough REQUEST: A Planning & Zoning Commission Review, in accordance with KIB Code Section 18.10.030, of seven (7) parcels of tax - foreclosed properties from tax year 2006. KODIAK URBAN AREA & ROAD SYSTEM P & Z: June 18, 2008 Case 08- 027 /Staff Report Public Hearing Item VI -B SUMMARY With the deeding of private properties to the Borough by the Superior Court each year due to non - payment of property taxes by the private owners, the Borough's inventory of land increases. Such a conveyance was recently made by recorded Clerk's deed on May 15, 2008 for delinquent tax years for the Year 2006 and prior years. This action was directed at the seven (7) parcels identified by legal description and location on the attached list. The next appropriate step is for the Borough to determine the disposition of these properties. Each parcel may be designated for a public purpose and retained, or designated for disposal at land sale. Under State law (AS 29.45.460), once the court deeds the parcels to the local jurisdiction, the final disposition of the properties are determined according to: 1. If there exists a present or potential future public use for the parcel, it should be retained for a public purpose; or 2. If there is the determination that a public need for the parcel does not exist, it should be decided if and when the parcels should be sold at public land sale to collect back taxes and penalties. The Commission's review should focus on whether there are public purposes, including school and /or maintenance facilities, utilities, access rights -of -way, parks or open space, or beach access /anchorage that warrant retaining any of the parcels in public ownership. Specifically, the Commission's role during this review is identified in Title 18 of Borough code: Upon acquisition of any real property, including real property acquired by tax foreclosure, but excluding real property acquired for a specific purpose or project, the planning commission shall review the newly acquired land and make recommendations as to whether all or any portion of the land should be devoted to public use, reserved for future use to meet projected borough requirements, or made available for sale, lease or other disposition in conformance with the borough comprehensive land use plan. The manager shall review the planning commission action and make recommendations to the assembly. (KIBC 18.10.030) The foreclosure of property for non - payment of taxes has stringent requirements and is time consuming. The legal process is very specific in state statute and Borough code. The most important element in the process is the requirement for notification. Notice of foreclosure is advertised in a paper of general circulation, and notification is sent by certified mail, not only to the property owner of record, but to all who have an ownership interest in the property as determined by a title report. Page 2 of 4 P & Z: June 18, 2008 Public Hearing Item VI -B Due to the amount of time the process of notification takes, the Commission generally finds itself reviewing properties that have been foreclosed a couple years prior. A landowner whose property is being reviewed by the Commission has been continually notified for two years, and has failed to act on that notification. Though the Borough is now in title to the property, the former owner has the ability to repurchase the foreclosed property. Repurchase is accomplished by paying the back taxes any time before the Borough declares the parcel "public" or sells it at land sale. There is a major distinction between these two options. A private property owner whose parcel is sold at a land sale will receive the profits from the sale minus taxes and penalties owed to the Borough. Property owners whose land has been declared "public" lose the option of repurchasing the parcel unless the determination is reversed for good cause by ordinance of the Assembly. The goal of the tax foreclosure process is not to acquire more land for the Borough to manage, but to encourage delinquent property owners to join with the vast majority of Borough property owners in assuming responsibility for timely payment of property taxes. Historically, the Kodiak Island Borough has entertained expressions of interest by municipalities in foreclosed properties for public purposes. Additionally, the Kodiak Island Borough has worked closely with agencies such as the US Department of the Interior, Fish and Wildlife Service in the case of remote properties. Staff has not been able to determine that any of the parcels subject to this review exhibit any peculiar attributes, which would lend them any particular public use designation, and does not recommend retention in a public ownership inventory. Case 08- 027 /Staff Report Page 3 of 4 P & Z: June 18, 2008 Legal Description Location Zoning Aleutian Homes Bk 10 Lt 1 1112 Thorsheim St R -1 Russian Crk Lt 17B -2 908 Sargent Crk Rd RR -1 USS 1736, Tract B (Port Lions) Appx 1 mile south / southwest of town center. CN - Conservation Zoning District Old Karluk TR D Lot 6 NHN Old Karluk R — 1 T31 S R28W TL 2903 Amook Bay CN - Conservation Zoning District USS 1967 SE portion T37S R31 W TL 3005 (Moser Bay) CN - Conservation Zoning District T3OS R28W TL 1811 Zachar Bay (Carlsen Point) CN - Conservation Zoning District Public Hearing Item VI -B RECOMMENDATION Staff recommends that the seven (7) parcels identified in this report be declared not to be of "public need" and offered at a future KIB land sale. Should the Commission agree with the staff recommendation, the appropriate motion is: APPROPRIATE MOTION Move to recommend to the Kodiak Island Borough Assembly that the following seven (7) tax - foreclosed parcels be declared not to be of "public need" and be offered at a future KIB land sale: Case 08- 027 /Staff Report Page 4 of 4 P & Z: June 18, 2008 rat! D'r1 ' ►I eU ti y KDd iask = IsIa°n l Legend Subject Parcel Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour inforrnation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. purr a it Lomb ia s c se 1 27 Kodiak Islandlabaraugh ` Legend Subject Parcel Parcels Feet 0 500 1,000 1,500 2,000 I►►►►Z ►►I►►►►I►►►►I Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. Feet 0 1,000 2,000 3,000 4,000 111111111111111111111 Legend Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. sotaTh n a: Id = at uk Trr D , Case # DB4127 Kodiak :Island Borough Legend Subject Parcel Parcels Feet 0 100 200 300 400 500 I1111111111111ij_1111111111 Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. cs D Kodiak k Island o >;u Legend Subject Parcel Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. ren L otia P z Ca s e :D.E D27 ;K thak Island illaroug h Legend Subject Parcel Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. Legend Subject Parcel Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required APPROVAL FOR AGENDA: ,d,., TITLE: Ordinance No. FY 2009-01B Amending Ordinance No. 2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. SUMMARY: This ordinance: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING ITEM NO: 13.C.2 • Increases the Child Care Assistance Program fund revenues and expenditures by $19,022 due to an increase in the child care grant from the State of Alaska. • increases Kodiak Middle School Seismic Upgrade Project in Fund 410 by transferring $2,700,000 from the Kodiak Middle School Seismic Upgrade project in Fund 420. • Moves $1,010,118 from the Learning Center Renovation project (05017) to the Ouzinkie Gym Renovation project (04103). • Moves $143,751 from Learning Center Renovation project (05017) to the Peterson Seismic Upgrade Project (05023). RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -01 B in first reading to advance to public hearing on August 21, 2008. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009-01B Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Finance Officer Introduced: 08/07/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. FY2009 -01 FISCAL YEAR 2009 BUDGET BY AMENDING BUDGETS TO PROVIDE FOR ADDITIONAL EXPENDITURES AND MOVING FUNDS BETWEEN PROJECTS WHEREAS, the final State of Alaska Grant for Child Care Assistance was $19,022 more than originally budgeted; and WHEREAS, the Borough has received approval from the State of Alaska to move $143,751 from the Learning Center Renovation project (5017) to the Peterson Seismic Upgrade project (050230; and WHEREAS, the Borough has received approval from the State of Alaska to move $1,010,118 from the Learning Center Renovation project (5017) to the Ouzinkie Gym Renovation Project (04103); and WHEREAS, the Borough has $2,700,000 budgeted in project 05022 in fund 420 and the expenditures have been recorded in project 05022 in fund 410; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general application and shall not be codified. Section 2: The FY2009 budget will be amended per the attached nine page schedule. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2009 KODIAK ISLAND BOROUGH ATTEST: Jerome Selby, Borough Mayor Nova Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2009-01B Page 1 of10 Ordinance No. FY2009 -01 B FY2009 adopted Revised Budget Budget As of Difference 04/30108 ok Budget Revised Adjustments Budget Fund 100 General Fund Revenues: Property Tax 9,082,500 9,082,500 9,082,500 0% 9,082,500 Boat & Motor Vehicle Tax 251,000 251,000 251,000 0% 251,000 Payment in Lieu of Taxes 813,000 813,000 813,000 0% 813,000 Severance Taxes 1,288,213 1,288,213 1,288,213 0% 1,288,213 Penalties & Int on tax 175,000 175,000 175,000 0% 175,000 Licenses and Permits 66,250 66,250 66,250 0% 66,250 Federal Shared Revenue 350,075 350,075 350,075 0% 350,075 Temporary Fiscal Relief 751,477 751,477 751,477 0% 751,477 Raw Fish Tax 1,000,000 1,000,000 1,000,000 0% 1,000,000 Raw Fish Tax - Offshore 50,000 50,000 50,000 0% 50,000 Other State Revenue 26,000 26,000 26,000 0% 26,000 Fines 500 500 500 0% 500 Interest Earnings 300,000 300,000 300,000 0% 300,000 Miscellaneous 25,500 25,500 25,500 0% 25,500 Use of Fund Balance 1,341,798 1,344,798 1,344,798 0% 1,344,798 Sale of Fixed Assets Transfer In Total 15,521,313 15,524,313 15,524,313 0% 15,524,313 Expenditures: Borough Assembly 183,440 186,440 186,440 0% 186,440 Borough Manager 358,600 358,600 358,600 0% 358,600 Borough Clerk 411,510 411,510 411,510 0% 411,510 Borough Attomey 130,000 130,000 130,000 0% 130,000 Finance Department 691,640 691,640 691,640 0% 691,640 Management Information Services 588,533 588,533 588,533 0% 588,533 Assessing Department 440,760 440,760 440,760 0% 440,760 Engineering/ Facilities Dept 158,715 158,715 158,715 0% 158,715 Community Development 749,780 749,780 749,780 0% 749,780 Building Official 147,765 147,765 147,765 0% 147,765 Economic Development 75,000 75,000 75,000 0% 75,000 General Administration 297,600 297,600 297,600 0% 297,600 Emergency Preparedness 8,800 8,800 8,800 0% 8,800 School District Support 10,783,220 10,783,220 10,783,220 0% 10,783,220 Health and Sanitation 233,000 233,000 233,000 0% 233,000 Animal Control 82,500 82,500 82,500 0% 82,500 Culture and Recreation 81,000 81,000 81,000 0% 81,000 Colledge and Libraries 93,000 93,000 93,000 0% 93,000 Transfers Out 6,450 6,450 6,450 0% 6,450 Total 15,521,313 15,524,313 15,524,313 0% 15,524,313 Fund 205 Child Care Assistance Program Revenue 82,026 82,026 82,026 0% 19,022 101,048 Expenditures 82,026 82,026 82,026 0% 19,022 101,048 Fund 210 Land Sales Revenue 97,771 97,771 97,771 0% 97,771 Expenditures 97,771 97,771 97,771 0% 97,771 1 Back -up Info FY2009 adopted Revised Budget Budget As of Difference 04/30108 Budget Revised Adjustments Budget Fund 220 Buildings and Grounds Revenues Revenues 438,410 438,410 438,410 0% 438,410 Transfers in 185,000 185,000 185,000 0% 185,000 Use of Fund Balance 89,075 89,075 89,075 0% 89,075 Total Revenues 712,485 712,485 712,485 0% 712,485 Expenditures - Borough Building 408,985 408,985 408,985 0% 408,985 MHC Apartments 10,000 10,000 10,000 0% 10,000 School Buildings 287,500 287,500 287,500 0% 287,500 Parks 6,000 6,000 6,000 0% 6,000 Total Expenditures 712,485 712,485 712,485 0% 712,485 Fund 230 Coastal Management Revenues 24,000 24,000 24,000 0% 24,000 Expenditures - - _ CMG Regular 24,000 24,000 24,000 0% 24,000 Total Expenditures 24,000 24,000 24,000 0% 24,000 Fund 234 L.E.P.C. Revenues LEPC 17,800 17,800 17,800 0% 17,800 E.O.P. Grant - _ 0% _ Revenues 17,800 17,800 17,800 0% 17,800 Expenditures Expenditures -LEPC 17,800 17,800 17,800 0% 17,800 Expenditures -FEMA grant - - - 0% - Total Expenditures 17,800 17,800 17,800 0% 17,800 Fund 240 Womens Bay Road Service Revenues 124,057 124,057 124,057 0% 124,057 Expenditures 124,057 124,057 124,057 0% 124,057 Fund 242 Service District No. 1 Revenues 269,700 269,700 269,700 0% 269,700 Expenditures 269,700 269,700 269,700 0% 269,700 Fund 243 Service Area No. 2 Revenues 100 100 100 100 Expenditures 100 100 100 100 Fund 244 Monaska Bay Road District Revenues 52,590 52,590 52,590 0% 52,590 Expenditures 52,590 52,590 52,590 0% 52,590 Fund 246 Bay View Road Service Area Revenues 5,700 5,700 5,700 0% 5,700 Expenditures 5,700 5,700 5,700 0% 5,700 Fund 250 Fire Protection Area No. 1 Revenues 415,900 415,900 415,900 0% 415,900 Expenditures 415,900 415,900 415,900 0% 415,900 Fund 252 Womens Bay Fire Department Revenues 95,980 95,980 95,980 0% 95,980 Expenditures 95,980 95,980 95,980 0% 95,980 Ordinance No. FY2009 -01 B 2 Back -up Info FY2009 adopted Revised Budget Budget As of Difference 04/30108 Budget Revised Adjustments Budget Fund 254 KIB Airport Fire District Revenues 13,070 13,070 13,070 0% 13,070 Expenditures 13,070 13,070 13,070 0% 13,070 Fund 260 Woodland Acres Street Lights Revenues 8,420 8,420 8,420 0% 8,420 Expenditures 8,420 8,420 8,420 0% 8,420 Fund 261 Trinity Islands Lighting Dist. Revenues 3,920 3,920 3,920 0% 3,920 Expenditures 3,920 3,920 3,920 0% 3,920 Fund 262 Mission Lake Tide Gate Revenues 3,700 3,700 3,700 0% 3,700 Expenditures 3,700 3,700 3,700 0% 3,700 Fund 263 Trinity Islands Paving Dist. Revenues 20,060 20,060 20,060 0% 20,060 Expenditures 20,060 20,060 20,060 0% 20,060 Fund 275 Kodiak Arts Council Revenues 68,360 68,360 68,360 0% 68,360 Expenditures 68,360 68,360 68,360 0% 68,360 Fund 276 Facilities Fund Revenues 1,890,000 1,890,000 1,890,000 0% 1,890,000 Expenditures/Transfers Out: Building Insurance 185,000 185,000 185,000 0% 185,000 Debt Service 1,150,000 1,150,000 1,150,000 0% 1,150,000 Capital Projects Fund 495 397,540 397,540 397,540 0% 397,540 Capital Projects Fund 430 - 0% Contingencies - - 0% Contengencies - inflation proofing 157,460 157,460 157,460 0% 157,460 Total Expenditures 1,890,000 1,890,000 1,890,000 0% 1,890,000 Fund 277 Tourism Development Revenues 70,980 70,980 70,980 0% 70,980 Expenditures 70,980 70,980 70,980 0% 70,980 Fund 290 Fern Fuller Trust Revenues 75,000 75,000 75,000 0% 75,000 Expenditures 75,000 75,000 75,000 0% 75,000 Ordinance No. FY2009 -01 B 3 Back -up Info Budget Revised Adjustments Budget Fund 300 Debt Service Revenues State Debt Reimbursement 2,144517 2,144517 2,144,617 0% 2,144,617 Interest Eamings 10,000 10,000 10,000 0% 10,000 Transfers in General Fund - Education 763,036 763,036 763,036 0% 763,036 General Fund - Health - Facilities Fund 1,150500 1,150,000 1,150,000 0% 1,150,000 Hospital Fund 0% Bond Premium _ Use of fund balance 0% Total Revenues 4,067,653 4,067,653 4,067,653 4,067,653 Ordinance No. FY2009 -01 B FY2009 adopted Revised Budget Budget As of Difference 04130108 Expenditures Expenditures - School Debt 3,295,550 3,295,550 3,295,550 0% 3,295,550 Expenditures - Hospital Debt 765,500 765,500 765,500 0% 765,500 Expenditures- Karluk Loans 6,603 6,603 6,603 0% 6,603 Expenditures -Other Debt - _ 0% - Total Expenditures 4,067,653 4,067,653 4,067,653 0% 4,067,653 4 Back -up Info Capital Projects Fund 410 - Borough Capital Projects: Ordinance No. FY2009 -01B FY2009 adopted Revised Budget Budget As of Difference 04/30/08 % Budget Revised Adjustments Budget Revenues: Interest Eamings 304,898 304,898 304,898 0% 304,898 Contributions for BMX track 39,670 39,670 39,670 0% 39,670 State Grant 540,508 540,508 540,508 0% 540,508 Miscellaneous - - - 0% - Total Revenues 885,076 885,076 885,076 0% 885,076 Operating Transfers In: - General Fund 517,352 517,352 517,352 0% 517,352 Building and Grounds Fund 50,000 50,000 50,000 Bayside Fire Department 448,800 448,800 448,800 0% 448,800 Facilities Fund 1,434,384 1,434,384 1,434,384 0% 1,434,384 Fund 420 - - - 0% 2,843,751 2,843,751 Total Operating Transfers In 2,450,536 2,450,536 2,450,536 0% 2,843,751 5,294,287 Total Revenues 3,335,612 3,335,612 3,335,612 0% 2,843,751 6,179,363 Projects: 85 Village Metals 150,000 150,000 121,257 28,743 81% 150,000 146 BMX Bike Trail 94,670 94,670 94,670 0% 94,670 174 Bayside Storage Addition & Engine Bay 426,800 426,800 42,977 383,823 10% 426,800 00102 Bayside Underground Electrical 22,000 22,000 22,000 0% 22,000 03105 Northstar School road /parking lot design 50,000 50,000 29,376 20,624 59% 50,000 03108 Borough Building Parking Lot 50,000 50,000 - 50,000 0% 50,000 03106 KHS emergency generator 50,000 50,000 50,000 0% 50,000 03109 Borough Building air handling penthouse 10,000 10,000 10,000 0% 10,000 03110 Borough Building emergency generator 20,000 20,000 2,353 17,647 12% 20,000 03120 WB Comm Plan Revision 33,380 33,380 22,392 10,988 67% 33,380 05022 KMS Seismic Upgrade 410/523 - - 1,826,050 (1,826,050) 0% 2,700,000 2,700,000 05023 Peterson Seismic Upgrade 540,508 540,508 362,121 178,387 67% 143,751 684,259 05025 High School Gym Seismic 50,000 50,000 5,157 44,843 10% 50,000 06001 Computer Upgrade 114,000 114,000 114,000 - 100% 114,000 07008 Seismic Repair - - 0% - 07015 High School kitchen floor 12,323 12,323 12,323 100% 12,323 07016 R and replacement of culverts at Panamaroff Creek 30,000 30,000 30,000 0% 30,00C 07017 Hospital Solarium 25,000 25,000 25,000 - 100% 25,000 07018 HS Pool Repairs 40,000 40,000 - 40,000 0% 40,000 08001 Kodiak Middle School Asbestos Abatement 182,000 182,000 131,333 50,667 72% 182,000 08002 Main elementary Asbestous abetment 43,000 43,000 32,800 10,200 76% 43,000 08003 HS Soil Remediation 497,000 497,000 460,509 36,491 93% 497,000 08004 Computer Assisted Mass Appraisal and Collection Prg 400,000 400,000 101,973 298,027 25% 400,000 Tranfer to Fund 430 390,000 390,000 390,000 0% 390,000 Other Projects 104,931 104,931 104,931 0% 104,931 Total Borough Projects 3,335,612 3,335,612 3,289,621 45,991 99% 2,843,751 6,179,363 5 Back -up Info Fund 420 -GO Bond Projects: Revenues: Interest Eamings 3,633,918 3,633,918 2,852,779 781,139 79% 3,633,918 Proceeds from bond 2004A Bond Issue 9,302,760 9,302,760 9,302,760 - 100% 9,302,760 Proceeds from bond 2004B Bond Issue 11,050,000 11,050,000 11,050,000 100% 11,050,000 Proceeds from bond 2008 Bond Issue 8,000,000 8,000,000 8,000,000 100% 8,000,000 31,986,678 31,986,678 31,205,539 781,139 98% 31,986,678 Projects: 03119 New Swimming Pool 14,595,000 14,595,000 2,979,494 11,615,506 20% 14,595,000 04101 Old Harbor GymNoc Ed renovation 2,251,134 2,251,134 3,113 2,248,021 0% 2,251,134 04102 Larsen Bay School floor repair 339,883 339,883 1,572 338,311 0% 339,883 04103 Ouzinkie Gym renovation 1,923,187 1,923,187 120,000 1,803,187 6% 1,010,118 2,933,305 05002 Evacuation Center earthquake evaluation 500,000 500,000 326,483 173,517 65% 500,000 05009 Kodiak Middle School concrete repair 237,918 237,918 9,383 228,535 4% 237,918 05010 Kodiak High School asbestos & floor covering 304,704 304,704 212,518 92,186 70% 304,704 05011 District -wide floor covering replacement 728,708 728,708 500,039 228,669 69% 728,708 05012 Kodiak High School heating and ventilation 250,000 250,000 208 249,792 0 °A 250,000 05013 Kodiak High School insulastion and windows 596,020 596,020 4,249 591,771 1% 596,020 05014 Kodiak High School and Middle School roof repair 600,000 600,000 617,365 (17,365) 103% 600,000 05015 High School Voc ed /classroom reclaimation 4,840,788 4,840,788 159,980 4,680,808 3% 4,840,788 05016 East School heating and ventilation 520,000 520,000 118,910 401,090 23% 520,000 05017 Leaming Center renovation 1,181,336 1,181,336 27,467 1,153,869 2% (1,153,869) 27,467 KMS Seismic Upgrade, Phase II 2,700,000 2,700,000 2,700,000 0% (2,700,000) - Ouzinkie Sprinkler System 330,000 330,000 330,000 0% 330,000 Ouzinkie Generator Replacement 88,000 88,000 88,000 0% 88,000 Transfers to Project 05022 Fund 410 0% 2,700,000 2,700,000 Transfers to Project 05023 Fund 410 0% 143,751 143,751 Contingencies 0% - 31,986,678 31,986,678 5,080,781 26,905,897 16% 31,986,678 Ordinance No. FY2009 -01 B FY2009 adopted Revised As of Difference Budget Revised Budget Budget 04130108 % Adjustments Budget 6 Back -up Info FY2009 adopted Revised Budget Budget As of Difference 04/30/08 Budget Revised % Adjustments Budget Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation 1,741,400 1,741,400 1,741,400 0% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 560,000 0% 560,000 Chiniak Grant 20,000 20,000 20,000 0% 20,000 ADF &G, fish research 200,000 200,000 200,000 0% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 189,985 0% 189,985 Homeland Security 17,733 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 23,500 23,500 0% 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 41,724 0% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 465,618 465,618 0% 465,618 07001 Area Wide School Equipment and Supplies 70,000 70,000 70,000 0% 70,000 07003 Island Lake Trail 48,000 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 10,000 0% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 100,000 0% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 138,606 138,606 0% 138,606 School District Computer Grant 70,000 70,000 70,000 0% 70,000 Emergency Communications and Planing 30,000 30,000 30,000 0% 30,000 Kodiak Middle School Playground Equipment 10,000 10,000 10,000 0% 10,000 Area Wide School Supplies and Equipment 130,000 130,000 130,000 0% 130,000 Near Island Fish and Game Building 950,000 950,000 950,000 0% 950,000 Non - Structural Seismic Upgrades for Kodiak Schools - MEP 132,249 132,249 132,249 0% 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing 75,490 75,490 75,490 0% 75,490 Transfers in from fund 410 526,350 526,350 526,350 0% 526,350 Anton Larson Boat Ramp 60,000 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 130,000 0% 130,000 Dingell- Johnson Contribution 140,000 140,000 140,000 0% 140,000 Total Revenues 10,702,632 10,702,632 10,702,632 0% 10,702,632 Projects: 164 KIB Waste Management Implementation 1,741,400 1,741,400 936,714 804,686 54% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 896,350 874,884 21,466 98% 896,350 02107 ADF &G Research Study 200,000 200,000 149,946 50,054 75% 200,000 03114 Coastal Impact Program 319,985 319,985 307,471 12,514 96% 319,985 03118 Chiniak Multi -use Grant 20,000 20,000 20,000 - 100% 20,000 05019 Homeland Security 17,733 17,733 14,430 3,303 81% 17,733 05020 2005 Pre Disaster Mitigation Grant 41,724 41,724 52,999 (11,275) 127% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 938,633 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 465,618 272,594 193,024 59% 465,618 06007 ADF & G Building Design 1,500,000 1,500,000 1,500,000 0% 1,500,000 06008 Summit Lake Trail 23,500 23,500 17,380 6,120 74% 23,500 07001 Area Wide School Equipment and Supplies 70,000 70,000 64,804 5,196 93% 70,000 07003 Island Lake Trail 48,000 48,000 350 47,650 1% 48.000 07004 Larsen Bay Equipment 70,000 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 10,000 3,147 6,853 31% 10,000 07007 School District Computer Grant 70,000 70,000 70,000 0% 70,000 07008 School Facilities Seismic Repairs 1,300,000 1,300,000 1,300.000 0% 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 100,000 11,051 88,949 11% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 211,343 358,657 37% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 66,616 241,728 22% 308,344 07014 East Elementary School Siesmic Upgrade 138,606 138,606 5,754 132,852 4% 138,606 Emergency Communications and Planing 30,000 30,000 30,000 0% 30,000 Kodiak Middle School Playground Equipment 10,000 10,000 10,000 0% 10,000 Area Wide School Supplies and Equipment 130,000 130,000 130,000 0% 130,000 Near Island Fish and Game Building 950,000 950,000 950,000 0% 950,000 Non - Structural Seismic Upgrades for Kodiak Schools - MEP 132,249 132,249 132,249 0% 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing 75,490 75,490 - 75,490 0% 75,490 Total Expenditures 10,702,632 10,702,632 3,948,116 6,754,516 37% 10,702,632 Ordinance No. FY2009-018 7 Back -up Info FY2009 adopted Revised As of Difference Budget Revised Budget Budget 04/30108 % Adjustments Budget Fund 490 Landfill Capital Projects Landfill CloseouULeachate Treatment 3,000,000 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - - 0% - Total Revenues 3,000,000 3,000,000 3,000,000 0% 3,000,000 165 Landfill CloseouULeachate Treatment 3,000,000 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - 0% - Total Expenditures 3,000,000 3,000,000 3,000,000 0% 3,000,000 Fund 495 Hospital Capital Projects Hospital 660,288 660,288 660,288 0% 660,288 Providence - - - 0% - From Facilities Fund 125,000 125,000 125,000 0% 125,000 Total Revenues 785,288 785,288 785,288 0% 785,288 03112 Hospital access and parking, Phase 18 II 660,288 660,288 660,288 0% 660,288 05021 CHC architural Engineering 125,000 125,000 125,000 0% 125,000 Total Expenditures 785,288 785,288 785,288 0% 785,288 Fund 530 Solid Waste Collection/Disposal Revenues Waste Collection 2,850,920 2,850,920 2,850,920 0% 2,850,920 Waste Disposal 1,285,085 1,285,085 1,285,085 0% 1,285,085 Total Revenues 4,136,005 4,136,005 4,136,005 0% 4,136,005 Expenditures Waste Collection 1,584,200 1,584,200 1,584,200 0% 1,584,200 Waste Disposal 2,551,805 2,551,805 2,551,805 0% 2,551,805 Total Expenditures 4,136,005 4,136,005 4,136,005 0% 4,136,005 Fund 540 Hospital Enterprise Fund Revenues: Interest Eamings 5,330 5,330 5,330 5,330 Providence Hospital Lease 720,000 720,000 720,000 0% 720,000 Transfer in from Fem Fuller 66,500 66,500 66,500 0% 66,500 Use of Retained Earnings 868,980 868,980 868,980 0% 868,980 Total Revenues 1,660,810 1,660,810 1,660,810 0% 1,660,810 Expenditures and Transfers: Expenditures 1,660,810 1,660,810 1,660,810 0% 1,660,810 Total Expenditures 1,660,810 1,660,810 1,660,810 0% 1,660,810 Fund 555 - Kodiak Fisheries Research Center Revenues 2,122,804 2,122,804 2,122,804 0% 2,122,804 Expenditures 2,122,804 Research Facility 2,084,604 2,084,604 2,084,604 0% 2,084,604 Dorm Facility 38,200 38,200 38,200 0% 38,200 2,122,804 2,122,804 2,122,804 0% 2,122,804 Fund 560 - Telephone 911 Service Revenues 70,320 70,320 70,320 0% Expenditures 70,320 70,320 70,320 0% Ordinance No. FY2009 -01 0 8 Back -up Info 70,320 70,320 KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING ITEM NO: 13.D.1 TITLE: Assembly Review of Case 08 -002 Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business and Directing Staff to Prepare an Ordinance for Introduction. SUMMARY: The Planning and Zoning Commission, at its regular meeting on June 18, 2008, adopted findings of fact in support of its decision on May 9, 2008 to deny a rezone of Larsen Bay Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business. In their findings of fact the commission cited the following as reasons for their denial recommendation • Business zoning of this parcel is not consistent with the current residential character of the area. • The lot requested to be rezoned is vacant, and is not the lot that contains a structure the owner originally requested for rezoning. • Rezoning a lot from R1 — Single family residential use to B- Business reduces the pool of already limited residential zoned parcels in the community. • The newly adopted comprehensive plan identifies this lot for residential use and the residents of the community supported the lot in its residential character. Also to be considered is the resolution adopted by the Council of the City of Larsen Bay requesting to "halt" to future building in Larsen Bay because the city's infrastructure presently is "overtaxed ". ASSEMBLY ACTION Per KIBC 17.72.055 Submission to the Assembly, it states: B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten (10) days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. In response, the Assembly needs to review Case 08 -002 and determine: • if the case should move forward by directing staff to prepare an ordinance for introduction that rezones this parcel from R1 — Single family Residential to B- Business; or • Uphold the Commission's decision and fail the motion directing staff to prepare an ordinance for introduction that rezones this parcel from R1 — Single family Residential to B- Business. Included in this packet is KIBC Chapter 17.72 and also a flowchart regarding amendments and changes to regulations and boundaries of districts. Staff recommendation, based on the Planning and Zoning Commission's decision, is to fail this motion. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to direct staff to prepare an ordinance for introduction relating to Case 08 -002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business. 0 CL t D @3 ca. & o o 2 \a . - E a sEc E .E. 0r o - 1 0 U » 0 @ — @ 39° f a)E � o c o - Z 0 0 m / O _c > 2 • @ § 1 k k� a)" C" i a £f -0 — • � 5a_ @ 0- �r c c 0 o /E2 @ Q« & m _ o @/ 9) / o o ® w 0 O R ) co Z 0 0 &f • 0 > a) - g L _ @ / • /Fo f 0 �o / 0 00./ $ 0 o o m at 4- as R as 1 1 0 j N- c 0 0 kk O 2 $T _ c 5 2 S ° o k E/ 2 cc co —°00 �\ m 8 ma)/ � « Q E ���/ k -0£R m E • E @— • e E }k/ E E • = - - TD £ / ° ¥ ` ® • ° 7 a) a ° 2 m@ o \@ E a" e - 0 m t E J m 72�r _c 0 o _ u) f § 2 0 • § �.@ 2 f / woE�� @ £@�■ em L_ % / % .1 % .1 Sections: Chapter 17.72 AMENDMENTS AND CHANGES 17.72.010 Authority. 17.72.020 Report from planning and zoning commission. 17.72.030 Manner of initiation. 17.72.040 Hearing on boundary change. 17.72.050 Boundary change may include additional property. 17.72.055 Submission to assembly. 17.72.060 Hearing determination. 17.72.070 Hearing -- Required -- Notice. 17.72.080 Repealed 17.72.010 -- 17.72.040 17.72.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or other- wise change these regulations and the boundaries of the districts. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.040 Hearing on boundary change. The commission shall hold a public hearing before considering any change in the boundaries of a district. Notice thereof shall be given in the manner 17 -112 (KIB 12/06) Supp. #47 17.72.040 -- 17.72.060 prescribed in this title for variances except that such procedure shall specifically refer to an application for change in the boundary of a district. Where property within an area proposed to be changed is not under the same ownership, all owners of property within the area shall be notified of such hearing. Within thirty (30) days after the date of the public hearing, the commission shall report its findings to the assembly. If such change was initiated by petition, the signers shall be notified by the community development department of the commission's recommendation, such notice sent by registered mail not more than five (5) days after the commission's public hearing. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.050 Boundary change may include additional property. When the commission deems it necessary or expedient, it may consider other property for change or amendment in addition to the property described in an application for change in the boundary of a district, and may include such additional property in the notices of public hearing and consider amendments relating to such property at the public hearing. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.055 Submission to assembly. A. Within thirty (30) days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in section 17.72.070 of this chapter by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten (10) days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. (Ord. 93 -20 ' 3, 1993; Ord. 83 -58 -0 ' 1(part), 1983). 17.72.060 Hearing determination. The assembly shall consider an application or commission recommendation for change in the boundary of a district or any other commission recommendation proposing a change in this title, and the report of the commission at its next regular meeting after receipt of such report. If, from the facts presented and by the findings of the report of the commission, it is determined that the public necessity, convenience, general welfare and good zoning practice requires the change or amendment or any portion thereof, the assembly by ordinance shall effect such amendment, supplement, change or reclassification. (Ord. 83 -58 -0 ' 1(part), 1983). 17 -113 (KIB 12/06) Supp. #47 17.72.070 -- 17.72.080 17.72.070 Hearing -- Required -- Notice. No ordinance of the assembly affecting an amendment, supplement, change or classification, repeal of regulations or restrictions, the boundaries of districts or classifications of property shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. At least seven (7) days notice of the time and place of such hearing shall be published in a paper of general circulation in the borough. When the proposed amendment covers a change in the boundaries in a district, notice to owners of property shall be given in the manner described in this title for variances. (Ord. 83 -58 -0 ' 1(part), 1983). 17.72.080 Boundary change -- Protest. (Repealed by Ord. 93 -20 ' 2, 1993; Ord. 83 -58 -0 ' 1(part), 1983). 17 -114 (KIB 12/06) Supp. #47 15:39 FROM:STEVE GRAY ATTY NAME: Nova Javier Kodiak Island Borough Clerk FAX: (907)486 -9391 FROM: STEVEN P. GRAY DATE: 7/03/08 Total number of pages including this cover sheet: 1 Re: Case 08 -022, P &Z's Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business Dear Ms. Javier: It is my understanding that Don Maschmedt's fax to you is considered by you to be inadequate to perfect his appeal to the assembly because it was not correctly addressed to you as the clerk, and did not specifically state that he requests that the commission's action denying his zoning request be taken up by the assembly. Please be advised that on behalf of Don Maschmedt, this fax is intended to satisfy the requirements of KIBC 17.72.056 and is a written statement filed with you as the clerk and requests that the commission's action be taken up by the assembly. Please confirm that this request satisfies the requirements and the matter will be taken up by the assembly. Thank you. Steve G Attorney for Don Maschmedt 9074862777 TO:KIB Law Office of Steven P. Gray A Professional corporation Attorney At Law 326 Center Avenue, Suite 203 Kodiak. Alaska 99615 (907) 486-8508 (FAX) 486 -2777 FAX COVER SHEET (Corrected) TELEPHONE: (907) 486 -9310 ''7" p' A.\ TIME; fJi?.M. *r,**,t ** ** NOTE: The information contained in this FAX message is Intended only for the personal and confidential use of the designated recipient named above. This message constitutes an attorney - client communication and as such, is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us by return mail. Thank you. Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us June 23, 2008 Re: Case 08 -022. Request adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Dear Mr. Maschmedt: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 18, 2008 adopted Findings of Fact in support of their decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9` special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves are considered a draft document until approved by the Commission, with or without amendment. "1. Findings as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3 from R1- Single- family Residential to B- Business is not necessary and justified because: A. B- Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification for the rezone other than a house on the lot was being used to house lodge related staff for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in common ownership that was not included in the rezone request. (The Commission noted that a returned public hearing notice from the petitioner did attempt to correct this oversight by adding the additional lot (Lot 4) to the case, however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process.) C. The B- Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use at a future date. D. Allowing a rezone to B- Business for a residential lot for the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential lots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. The current lodging use would not be permissible under the B- Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. E. B- Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year - around community based residents in the future. 2. Findings as to the effect a change or amendment would have on the goals and objectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B- Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B- Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing CONCLUSION Sincerely, ,��i� � G ✓.fo.F r Bud Cassidy Director lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. According to KIBC 17.72.055. B, you have the following option: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. The deadline for appeal is Thursday, July 3, 2008. Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. CC: Rick Gifford, Manager Nova Javier, Borough Clerk JUL -03 -2008 13:53 FROM:STEVE GRAY ATTY 9074862777 TO:KIB 07/02/2008 15:33 4252640996 MASCHMEAT ASSOCIATES Don Mitschrnedt Kodiak Lodge at Larsen Bay 941 Powell Ave SW, STE 150 Renton, WA 98057 donor @TT%aachmedLcom 425 -284 -0900 Ext 230 425 -204 -0910 Fax Don Maschmedt ow* 7/212008 Page 1 of 4 Mx Kodiak island Borough Community Development Department 907 9398 not Case 08-022 Appeal This Is to advise the Kodiak Island Borough Community Development Depoitment that Intend to the decision to 4eny a_ rezone of our property located in Larsen Bay, Tract A Block 3, Lot 3 horn Single Family Residential to B- Business. The grounds for our appeal vial be filed in the near future. Sincerely, P.2 "2 PAGE 05 07/02/2008 15:20 4252640906 Mr. Don J. Maschrnedt 941 Powell Avenue SW #150 Renton, WA 98057 MASCHMEDT ASSOCIATES PAGE 02 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us June 23, 2008 Re: Case 08 -022. Request adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the cornznission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Dear Mr. Maschmedt: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 18, 2008 adopted Findings of Fact in support of their decision on May 9, 2008 to deny a rezone of. Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for . additional review. Subsequent to the May 9 special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves are considered a draft document until approved by the Commission, with or . without amendment. "1. Findings as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3 ftsm R1- Single- family Residential t4 B- Business is not necessary and justified because: A. B- Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification for the rezone other than a house on the lot was being used to house lodge related staff for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in common ownership that 07/02!2008 15:20 4252640906 MASCHMEDT ASSOCIATES PAGE 03 was not included in the rezone request. (The Commission noted that a returned public hearing notice from the petitioner did attempt to correct this oversight by adding the additional lot (Lot 4) to the case, however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process,) C. The 13- Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there are some lodging uses established in areas closer to the shoreline, which will also be considered far rezone at a later, date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use at a future date. D. Allowing a rezone to B- Business for a residential lot for the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential lots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. The current lodging use would not be permissible under the B- Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. E. B- Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year - around community based residents in the future. 2. Findings as to the effect a change or amendment would have on the goals and objectives of the comprehensive plan, A. The January 200$ KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B- Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B- Business zoning allows a wide range of commercial uses, the proposal to provide after- the -fact legitimacy to the existing 07/02/2008 15:20 4252640906 MASCHMEDT ASSOCIATES PAGE 04 lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or wally any other business venture that would contribute to the cornnrnunity as a whole and make the community a better place to live, work and raise a family. CONCLUSIQN According to KIBC 17.72.055. B, you have the following option: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Finding of Fact on the case. The deadline for appeal is Thursday, July 3, 2008. Should you have any questions about the procedure, please can the Community Development Department at 486 -9363. Sincerely, .. Bud Cassidy Director CC: Mack Gifford, Manager Nova Javier, Borough Clerk The Clerk read the amendments for the record: the amendment to 1D after the text adding "the current lodging use would not be permissible under the B- Business zoning and therefore the application for rezone would neither address the petitioner's concerns nor serve any other articulated purpose; 1 C to change the sentence to read "A majority of residents present at the May 9 special meeting of the P &Z commission have expressed concerns... ", and 1B to amend line 6 to read "R1 could however allow a Bed & Breakfast use on a property with a Single - family dwelling. Cassidy inquired about all the amendments and main motion being voted on. B. Case 08 -022. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone for Larsen Bay, Tract A, Block 8, Lot 3 from R1-Single Family Residential to B- Business. The applicant is Don J. Maschmedt. Cassidy gave a brief staff report. COMMISSIONER JUENGER MOVED to adopt the finding presented in the staff memorandum dated June 6, 2008 as "Findings of Fact" for Case 08 -022. COMMISSIONER WATKINS SECONDED the motion. COMMISSIONER HARRINGTON stated she questions whether Finding 1B is exceptionally complicated and could be easier stated in one sentence. COMMISSIONER WATKINS and COMMISSIONER JUENGER stated it would take away from the finding. CHAIR KING stated the same thing should be added to 1D that was added to the previous case. COMMISSIONER JANZ requested the clerk read back what was added to finding 1D on the previous case. A discussion on the definitions and zoning for lodges, motels, and hotels. COMMISSIONER JANZ MOVED TO AMEND Findings of Fact 1D to add at the end the paragraph after shoreline "The current lodging use would not be permissible under the B- Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. The motion was SECONDED by COMMISSIONER WATKINS. The question was called on the amended motion and it CARRIED 6 -0. The question was called on the main motion and it CARRIED 6 -0. COMMISSIONER HARRINGTON MOVED TO AMEND THE PREVIOUSLY APPROVED MOTION to change the language in item 1C to read "although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use" and then striking those last words and replacing them with "at a future date." The motion was SECONDED by COMMISSIONER PURDY. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9 special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings P&Z Meeting Minutes June i8, 2008 Page 6 of 1' are themselves are considered a draft document until approved by the Commission, with or without amendment. "1. Findings as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3 from R1- Single- family Residential to B- Business is not necessary and justified because: A. B- Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification for the rezone other than a house on the lot was being used to house lodge related staff for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in common ownership that was not included in the rezone request. (The Commission noted that a returned public hearing notice from the petitioner did attempt to correct this oversight by adding the additional lot (Lot 4) to the case, however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process.) C. The B- Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use at a future date. D. Allowing a rezone to B- Business for a residential lot for the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential lots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. The current lodging use would not be permissible under the B- Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. E. B- Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year- around community based residents in the future. 2. Findings as to the effect a change or amendment would have on the goals and objectives of the comprehensive plan. P&Z Meeting Minutes June i8, 20o8 Page 7 of 11 The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B- Business would not be consistent with that designation. The comprehensive plan recognizes the need to .provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B- Business zoning allows a wide range of commercial uses, the proposal to provide after - the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. The question was called and it CARRIED 6 -0. C. Case 08 -023. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone for Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact" for Case 08 -023. The motion was SECONDED by COMMISSIONER JANZ. A brief discussion. COMMISSIONER HARRINGTON MOVED TO AMEND the findings in the staff memo to include a final bullet point under part A to read "the location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility." The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. P&Z Meeting Minutes June i8, 2008 Page 8 of u Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 Dear Mr. Maschmedt: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 ‘.vww.kib.co.kodiak.ak.us June 23, 2008 Re: Case 08 -022. Request adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 18, 2008 adopted Findings of Fact in support of their decision on May 9, 2008 to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9 special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves are considered a draft document until approved by the Commission, with or without amendment. "1. Findings as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3 from R1- Single- family Residential to B- Business is not necessary and justified because: A. B- Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification for the rezone other than a house on the lot was being used to house lodge related staff for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in common ownership that was not included in the rezone request. (The Commission noted that a returned public hearing notice from the petitioner did attempt to correct this- oversight by- adding the additional lot -(Lot 4) to the - however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process.) C. The B- Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there are some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use at a future date. D. Allowing a rezone to B- Business for a residential lot for the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential lots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. The current lodging use would not be permissible under the B- Business zoning and therefore the application for rezone would neither address the petitioners concerns nor serve any other articulated purpose. E. B- Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the perceived trend of people departing the Larsen Bay community and selling their residential property to commercial (primarily lodge) developers as an impediment to the return of year - around community based residents in the future. 2. Findings as to the effect a change or amendment would have on the goals and objectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B- Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B- Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing CONCLUSION According to KIBC 17.72.055. B, you have the following option: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. The deadline for appeal is Thursday, July 3, 2008. Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. Sincerely, Bud Cassidy Director lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comp ehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. CC: Rick Gifford, Manager Nova Javier, Borough Clerk MEMORANDUM DATE: June 6, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 18, 2008 Regular Meeting CASE: 08 -022 APPLICANT: Don J. Maschmedt LOCATION: Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3. ZONING: R1- Single- family Residential Background Case 08- 022/Findings of Fact Public Hearing Item VII -B REQUEST: Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 9, 2008 to deny a rezone for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. The Commission recommended denial of the above referenced rezone request at the May 9, 2008 special meeting which was held at the Larsen Bay Community School. When the Commission recommends denial of a proposed zoning boundary amendment (rezone) its action shall be final unless the initiating party, within (10) days, files a written statement with the clerk requesting that the Commission's action be taken up by the Assembly. Before this can happen however, the Commission must complete the decision making process by adopting required "Findings of Fact" upon which the decision was based. These findings are to be delivered to the Assembly in the form of a report as described in the applicable provisions of KIBC 17.72, as follows: 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. It should be noted for the record that the adoption of "Findings" was postponed until the next regular meeting (June 18, 2008) as permitted by the KIB Planning and Zoning Commission Bylaws which were last reviewed and approved by the Assembly on March 16, 2006. Page 1 of 4 P & Z: June 18, 2008 Public Hearing Item VII-B In the context of the proposed "Findings" that follow, it may be appropriate to provide some additional code - citations regarding the authority, purpose and intent of the borough zoning regulations. KIBC 17.01.020 Purpose. It is the purpose of this title to promote the health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. KIBC 17.01.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transporation, water, sewer, school, park and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated December 6, 2007, prepared by Cogan- Owens -Cogan and the Kodiak Island Borough. * ** * ** * ** * ** * ** I. City of Larsen Bay Comprehensive Development Plan. Prepared by Norgaard Consultants (Adopted by Resolution No. 84- 117 -R, dated November 1, 1984). Case 08- 022 /Findings of Fact Page 2 of 4 P & Z: June 18, 2008 Findings It is necessary for the Commission to adopt findings of fact in support of the decision in this case before the petitioners can decide whether to elevate the case to the Assembly level for additional review. Subsequent to the May 9 special meeting, the commissioners have transmitted their individual rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves are considered a draft document until approved by the Commission, with or without amendment. "1. Findings as to the need and justification for a change or amendment. The rezone of Larsen Bay Townsite Subdivision, Tract A, Block 3, Lot 3 from R1- Single- family Residential to B- Business is not necessary and justified because: A. B- Business zoning is inconsistent with the current residential character of the area. B. The petitioner did not present adequate justification for the rezone other than a house on the lot was being used to house lodge related staff for a lodge located elsewhere in Larsen Bay. When the Commission toured the community, it appeared as though the property was in fact vacant and the aforementioned house was on an adjoining lot in common ownership that was not included in the rezone request. (The Commission noted that a returned public hearing notice from the petitioner did attempt to correct this oversight by adding the additional lot (Lot 4) to the case, however this was not an appropriate means of amending the application and the public notice had already been published so there was no way to legally inform the general public during the public hearing process.) C. The B- Business zoning district permits a wide range of commercial activities and uses that are not compatible with the surrounding residential character of the neighborhood. Although there some lodging uses established in areas closer to the shoreline, which will also be considered for rezone at a later date, there was no indication in the plan or on the ground that this area should be speculatively rezoned for lodging or some other commercial use other than it was the wish of the petitioner. D. Allowing a rezone to B- Business for a residential lot for the stated purpose of supporting or expanding an existing lodge operation in another part of town, and increasing the potential for an additional future lodge or other commercial use in the midst of other residential lots would likely exceed the capacity of the existing roads and sewage treatment capability in the area. Sewage treatment in the area is comprised of a community septic tank and outfall line to the near shore mixing zone along the Larsen Bay shoreline. E. B- Business zoning of the requested lots would contribute to the reduction of residential land available in the community which is currently losing its year around population according to State of Alaska based population projections. Strong concerns were expressed by the community about the Case 08- 022/Findings of Fact Public Hearing Item VII -B Page 3 of 4 P & Z: June 18, 2008 2. Findings as to the effect a change or amendment would have on the goals and objectives of the comprehensive plan. A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B- Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B- Business zoning allows a wide range of commercial uses, the proposal to provide after - the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. Case 08- 022 /Findings of Fact perceived trend of people departing the Larsen Bay community and selling their residential property commercial (primarily` lodge) developers as an impediment to the return of year - around community based residents in the future. Recommendation Motion Public Hearing Item VII -B Staff recommends that the Commission adopt findings in support of its recommendation of denial for Case 08 -022 which accurately reflect the Commissions rationale for this decision. These "Findings of Fact' support the decision reached by the Planning & Zoning Commission on May 10, 2008 to recommend denial of this request to the borough Assembly. Subject to the payment of an additional hearing review fee, the petitioner will have ten (10) working days from the date of "findings" adoption to request an elevation of this request to the borough Assembly before this case becomes null and void. Move to adopt the findings presented in the staff memorandum dated June 6, 2008 as "Findings of Fact' for Case 08 -022. Page 4 of 4 . P & Z: June 18, 2008 May 9, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION LARSEN BAY SPECIAL MEETING MAY 9, 2008 MINUTES CALL TO ORDER The special meeting of the Planning and Zoning Commission was called to order at 7:40 p.m. by CHAIR KING on May 9, 2008 in the Larsen Bay School. ROLL CALL Commissioners Present Excused Absent Others Present Dave King -Chair X Bud Cassidy, Director Brent Watkins X Community Development Dept. Casey Janz X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Gary Juenger X Duane Dvorak, Assoc Planner Jim Purdy X Erin Harrington X A quorum was established. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER PURDY, and it CARRIED by unanimous voice vote. APPROVAL OF MINUTES There were no minutes. AUDIENCE COMMENTS AND APPEARANCE REQUESTS Tim Carlson inquired about the 10 acre parcels of the native allotments, stating they were told the zoning was Conservation and couldn't be rezoned to Business, but now after a lot of their land has been sold it is now zoned Business from Conservation. Change of ownership is leading to more lodges. Simeon Squortsoff stated lodges are going up quick, and how are the future kids going to make it when everything is zoned out. He also has a problem with a lodge next to the school. Randy Blondin stated we need to figure out how to zone the set net operations. He also claims there is adequate vacant housing. Patty Livingston would like the whole town to be zoned commercial. Roy Jones, VPSO, stated residential land isn't really residential because it is being squeezed out. He stated when land opens up for sale the locals are outbidded by out of state and out of town people. When land is sold it becomes Business zoned. There isn't enough housing and as a result people are forced to leave, which now the school may have to close due to there not being enough kids to keep it open. Is this Lodge Bay or Larsen Bay? There should be designated future P & Z Commission Special Meeting Minutes Page 1 of 9 land for local business. Growth in Larsen Bay has stopped and we need to fix it so it can grow. We need Rl so when it sells it won't be a lodge. Jay Wattam stated there are about 6 operating lodges in the summer from about May 1 through October. Simeon Squortsoff stated if commercial is zoned in to certain areas then there's a monopoly on the land. Corporations or lodging people can afford it but not the locals. There is no room for expansion because we are down to the bare minimum. Patty Livingston stated it should be zoned Business so if someone wants to open a coffee shop because the locals make little money. Randy Blondin stated there are many vacant homes. Some people will be in commercial zoning and some will not. It is not fair to zone these commercial but tell the locals they can't open a business. Sam Kenoyer stated there aren't enough homes to live in. The houses owned by summer people shut down in the winter. Larsen Bay needs a new water treatment plant and the hydro plant needs repairs. There are "Boil Water" notices sent out regularly. There is no room for building until the infrastructure is updated. The electrical system is maxed out when the cannery is in operation. We don't need more lodges, we need more businesses. Jennifer Moe asked if once property is rezoned can it be rezoned again later. Troy Wise stated there were 2 land sales last year so the opportunity is here. Patty Livingston stated this is the native village of Larsen Bay. It is becoming more non - native than native, and our resources are being taken away. Selena Churchill asked if there are laws that limit the amount of lodges per community. Rome Carlson expressed concern about guns being handled around the school zone. Recessed at 8:40 p.m. Re- convened at 9:00 p.m. PUBLIC HEARINGS COMMIS-SIGNER JANZ MOVED TO POSTPONE action on Case 03 011 until late - 14444 -- •► - P - ','_1► _ 1► - -- ► = the-motion, Regular session closed: P h May 9, 2008 P & Z Commission Special Meeting Minutes Page 2 of 9 COMMISSIONER JANZ MOVED POSTPONE astion Afi Cass 08 021 until tl Regul se ssi o n cl Public hearing open: Public hearing closed: Regul cession op ened• F) Case 08 -022. Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Dvorak gave a brief staff report stating staff is recommending postponement like the other cases. He also said according to Assessing Department it's on Lot 2 but it could be lot 4 so we just need to investigate more. COMMISSIONER WATKINS MOVED TO FORWARD a request to rezone in accordance with KIBC 17.72/030, (Manner of Initiation) of Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business and defer Findings of Fact to June 18, 2008 regular meeting of the KIB Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER PURDY. Regular session closed: Public hearing open: Sam Kenoyer stated he's been operating for years, and there's no difference from the other cases. It's been for sale for a couple of years and being advertised as a lodge. Mary Nelson stated it's the same situation with the guns. Tim Carlson stated that block has septic tank issues, and there was a close call for kids being hit by a car because of the congestion there. Patty Livingston stated she lives on the corner and has kids and grandkids at her house. She is opposed to Business and requests to keep it residential because of the craziness, drinking and driving. Selena Churchill asked how this property fell in the Comp Plan. May 9, 2008 P & Z Commission Special Meeting Minutes Page 7 of 9 CHAIR KING stated Residential. Patty Livingston stated there was a man to man agreement between Maschmedt and Mike _ Carlson that this house wouldn't be turned into a lodge. Tim Carlson stated the actual lodge is on Lot 4 and they process a lot fish on lot 3. Roy Jones, VPSO stated he has seen the problems with the accidents and vehicle /pedestrian conflicts in this area. Rome Carlson stated kids live close to the lodge. There are blind spots with speeding cars. He is opposed to Business zoning. Dvorak stated Lot 4 can't be included in the motion because it wasn't on the application. If the motion is denied they can re- apply. John Katelnikof requested the definition of Business zoning. Dvorak explained that Business is a zone. Commercial is a group of uses, sort of 5 different flavors of Commercial with Business being one of them. John Katelnikof asked if you can have 2 zones on 1 lot. Dvorak stated that is split zoning. Public hearing closed: Regular session opened: Sam Kenoyer stated it wasn't built as a lodge and the submitted Maschmedt comments are not true. A brief discussion on whether to move forward to postpone. Cassidy stated we are wrapping up the end of the fiscal year, and July would be the soonest we can get it on the agenda. The question was called, and it FAILED 7 -0. OLD-BUSINESS NEW-BUSINESS W BUSINESS S p a • a v b2S aOt7 COMMUNI! A TJf NS There were no communications. REPORTS Meeti c h rl 1 • • June 11, 2008 work session at 7:30 p.m. in the KIB Conference Room • May 9, 2008 P & Z Commission Special Meeting Minutes Page 8 of 9 Current Location 1' &Z Case #08X22 Maschmedt, Don J. Request: 'A rezone, in accordance with KIBC 17.72 03 (Manner of Initiation), for Larsen Bay'Townsite, - Tract A, Block 3, Lot 3, from R -1 Single Family Residential to B -Business. Legend Subject Parcel, Tract A, Bk 3, Lt 3 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept 2002 Contour intormation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. Current Zoning Larsen Bay Rezone Requests Agent: 'Multilple Request: Rezone from R-1 S1 Itb Business Eighteen (1B) tot-a1 paarmis • 1 1 Subject Parcels, 18 Total Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been recondled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. E 1 DUIVI DATE: May 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 9, 2008 Regular Meeting CASE: 08 -022 APPLICANT: Don J. Maschmedt REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 3, Lot 3 from R1- Single - family Residential to B- Business LOCATION: 105 Second Street, Larsen Bay ZONING: R1-Single-family Residential Thirty (30) public hearing notices were mailed on April 18, 2008. Date of site visit: August 2003, May 2008 LARSEN BAY REZONE UPDATE It was anticipated that a complete staff report could be presented in Larsen Bay for the May 9th special meeting of the MB Planning and Zoning Commission. Although it was not certain that the Commission would render a decision at this meeting, staff had hoped to present a fairly complete picture of the circumstance of each request to supplement whatever public hearing input was gathered at this meeting. Unfortunately, staff is lacking substantial information pertaining to the individual properties such as building locations, number of guest rooms, seasonal activitiy dates, etc., which are necessary to determine the relative impact of the use on the surrounding properties and the community as a whole. Staff is also anticipating additional information from the City of Larsen Bay regarding utilities and transient accommodation taxes which may also help to describe the level of activity relating to each lodge in Larsen Bay. While it was fully expected that this special meeting would also provide an opportunity for first hand investigation, by staff as well as by the Commissioners themselves, it was hoped that we would be further along with the analysis. The following paragraphs describes generally where the process is at this time. Staff has access to both the 1984 Larsen Bay Comprehensive Plan as well as the recently adopted 2008 Kodiak Island Borough Comprehensive Plan Update. In particular, staff has Page 1 of 4 Public Hearing Item VI -F Page 2 of 4 Public Hearing Item VI -F focused largely on the newer plan because it has a wide range of goals and policies that address —where the Larsen Bay community is today. The newer plan recognizes the existence tithe 1984 plan however, which is still an adopted plan for the community that can provide guidance in areas not covered or superseded by the newer plan. For this reason, staff has provided the relevant goals and policies for both plans as part of this progress report. In the final staff analysis this information may simply be referenced in the text in order to keep the final report to a reasonable length. In addition to the adopted borough plans, staff is also considering the goals and objectives of the Larsen Bay Community Plan that was adopted by the local community in 2004. Although lacking a specific land use component, the plan contains an excellent vision of the desired future expressed by Larsen Bay residents. This plan, although not a borough sponsored plan, had a high level of local participation and was very good at assisting the community to reach consensus on issues important to the community. In addition, this plan made an effort to involve community residents of all ages. Staff expects to draw heavily from these plans and will try to highlight those goals and objectives which appear to be most relevant. In particular, the final staff report will draw heavily on the following chapters of the 2008 KIB Comprehensive Plan Update, Population, Local Government, Economy, Housing, Transportation, Public Services and Facilities, Parks and Recreation and Environmental Quality. The Larsen Bay section in Chapter 11 of the 2008 plan will likely be copied with the staff reports as well as the Larsen Bay Goals and Objectives contained in Chapter 12. As the 1978 Kodiak Island Borough Regional Plan and Development Strategy states, "without goals planning is aimless; it can accomplish very little other than bring to light problems and needs but cannot arrive at solutions." The document goes on to say that "It is important for the decision making bodies to be aware of public desires and the degree to which they conflict with factual data so that the finally adopted goals and objectives can accommodate to the greatest extent possible the perceived needs of the public as well as the actual situations as they exist." Comprehensive, as defined by urban planning practice, has three specific meanings: (1) It means that the general plan should deal with all of the essential physical elements of the urban environment within the boundaries of the contiguous planning area; (2) it means that the general plan should take into account the development trends in the larger geographic setting within which every city and/or borough is situated; and (3) it means that the general plan should be consciously related to the social and economic forces that it proposes to accommodate and that are themselves bound to be affected by the scheme for physical development expressed in the plan. Comprehensive means that a general plan for physical development, to be a logical, reasonable, and useful plan, must recognize and define its relationships with the physical and nonphysical, local and regional, factors that will affect the physical growth and development of the community. The quality of comprehensiveness means that it must be recognized at every stage of plan preparation and plan use, that a plan for physical development is an expression of the social and economic objectives of the community as determined by the elected officials of the local governments. It should not be interpreted to mean that the Planning and Zoning Commission Page 3 of 4 Public Hearing Item VI -F and staff in carrying out their planning responsibilities, also assume responsibility for social and - economicplanning. -_— _ - - - -- ---- _--- - - - - -_ ::. -- ---- - - - - -- To be effective in its primary purpose, establishing the policies for determining appropriate land uses in the plan area, the general plan must focus on the main issues and the "big ideas ". The plan document should not include too many details that would obscure or distract attention from the major policies and the major physical design proposals. The plan is intended to provide a general picture of the locations and sizes of the major physical elements of the planning area and to indicate the desirable relationships between them. The plan is a schematic guide, and not a map or blueprint. The general plan must be distinguished from those specific and detailed documents which are intended to implement it, such as the zoning ordinance, subdivision regulations, development plans, and the capital improvements priority and financing programs. Comprehensive planning represents a constitution for land development. It establishes the principles upon which community development is to be based, the ultimate size of the community, the placement of facilities, the distribution of uses and ideally, the timing of development and the mechanism for financing the development of infrastructure. Although given less attention, comprehensive planning requires that the internal planning elements be consistent with each other. Internal inconsistency will be present where insolvable problems are presented and not effectively integrated with the land use plan. The preceding paragraphs provide some philosophical context to the process that we are currently engaged in. Because staff is not fully aware of the physical circumstances of the community and indeed do not have any site information for the subject rezone parcels (other than some photos of the main structures) it is not possible to make a definitive recommendation on the each case prior to this special meeting. Rather than present only half of the picture, based only on the plans and codes available to staff in Kodiak, staff is recommending that this opportunity to travel to Larsen Bay be used to the fullest to obtain the needed physical, social and economic information. Staff has provided an additional attachment with certain code information that is being considered in addition to the various planning documents. With regard to a formal recommendation, the comprehensive planning maps provide a general guide to achieving the stated goals and objectives in the plan. When the plan map indicates commercial, that could be the requested B- Business zone, or it could also be the RB- Retail Business, or the UNC -Urban Neighborhood Commercial zones. Where the plan map indicates mixed use, that could mean the preceding commercial zones or it could also mean the R1 -Single-family, R2- Two - family or R3- Multifamily zones, amongst other code options. Gathering the physical, social and economic information from the community will help to determine which zones present the most appropriate solution for the community. The additional attachment also contains information about various forms of transient accommodation. Although the term lodge is used fairly loosely to mean a transient accommodation serving a tourism related clientele, there are many other forms of transient accommodation permitted under the zoning code that may also provide for similar services in a scale consistent with the surrounding development context and community needs. This includes hotels, motels, bed and breakfasts, boarding houses, single- resident occupancies, etc., to name a few. In the final staff report, staff will try to reduce this information to a matrix for easier (and briefer) presentation—purposes.—_ — RECOMMENDATION Staff recommends that the Commission hold a public hearing in Larsen Bay for each of the currently pending rezones, in addition to making their own first hand observations of the physical, social and economic conditions in the community. In order to process this information and integrate it with a future staff analysis, staff recommends that action on these cases be postponed until the next regular meeting at which time staff anticipates making a final definitive zoning recommendation for each pending case. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone action on Case 08 -022 until the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. Page 4 of 4 Public Hearing Item VI -F z 0 a O 0 0 L.n N ry o r-I 0 0 ri 0 ° Lot 3 -50.00 (Vacant/ Lot 12- 5106,400 Unknown Unknown . ... !! . ©- & ...: - © + } ! , ; � = !,_» — _ - [, ( t..' ) s {! !,!!!! . .. - - �� \ 2 _._.__ % 9 « , :1, } /� \ _ ;_.. \ - \� � .. /� _ - ` \ 9 . ° - -- lewaw1077 lenuaplsal 08 -021 Larsen Bay Townsite, Tract A, Block 3, Lot 3 . . .. 03 -018 Larsen Bay Townsite, Tract A, Block 16, Lot 10 Unknown Lot 10 - 533,600 Unknown \\ \k \k ! ! c o 7 7 No Jnknown Jnknown Jnknown 1 eyawwo: 000 "55 - b 101 Lot 4 - 572,600 Unknown \ ) 1 11 I -- - f ! / Jo Inknown to . Inknown Inknown .. ] lensawwo 03 -012 , Larsen Bay Townsite, Tract A, Block 7, Lot 4 and Block 8, Lots 3, 4 and 5 Kodiak Charters Lodge Lot 3 - 53,500 Lot 4 - $3,500 Lot5 - 53,200 (87) Lot 4 - 53,400 Lot 3 - 527,500 Lot 4 -50.00 (Vacant( Lot 5 - 50.00 (Vacant( (67) Lot 4 - 536,700 Unknown 2 _ !; \\ / §\! ,- '2 ',E | } k No 6 Jnknown 90 . , Jnknown 0 Jnknown 1 .. nixed .ommemial/Waterfront /Residential C 03 -011 Larsen Bay Townsite, Tract A, Block 3 Lots 1 and 2 Uyak Bay Lodge a •. �..• Unknown Lot 1 - $10,000 Lot 2 - $4,800 8 \ \ 3 ! ! � ,- � �� `C° � 03 -011 Larsen Bay Townsite, Tract A, Block 2, Lots 1,1A and 2-4 Vacant NA • Lot 1 - 53,800 Lot 14 - 55,200 Lot 2 - $20,000 Lot 1 - $3,800 Lot 4 - 530,000 )k))) \\ \{\ � � � � � � 11 1 I 03 -011 Larsen Bay Townsite, Tract A, Block 1, Lots 1 - 3 Larsen Bay Lodge Complex Unknown Lot 1 - 510,000 Lot 2 - $10,000 Lot 3 - 533,600 � '` ■ � \ \ . - 0 ` )!!/ • ` • - � v /i3 # f ,■ .!! Mixed Commercial /Waterfront/Residential F (Case Number (Legal Description to tab's MPEIMPITI Payment of Bed Tax (to the city of LB( \ } \ / kk ._, ] - ; \kk } ± ! , \ !!!Iƒ - , � ] �) a {) ' ) \ !§ ! k i �� \! !!! } }} \ ! �� \{ k � \] § #4 } } { \ . | { \ a A ® 3. ! !f } , 1 A RESOLUTION REQUESTING THE KODIAK ISLAND BOROUGH PLANING, ZONING AND ASSEMBLY TO POST PONE ACTION ON CASES REGARDING LARSEN BAY, CASES 03 -011, 03 -012, 03 -016, 03 -018. WHEREAS, the community unity of Larsen Bay needs to have the Planning and Zoning Plat updated; and, WHEREAS, the Lodges are being constructed without regard to the City of Larsen Bay's input or permission; and, WHEREAS, the residential homes have been converted from residential to commercial enterprises; and, WHEREAS, the Lodges are adjacent to residential homes and the Larsen Bay School causing concern amongst the year around residential community members; and, WHEREAS, any addition building within the community will greatly overtax facilities that service the resident. NOW THEREFORE BE IT RESOLVED THAT: The City of Larsen Bay Council request the Kodiak Island Borough and the Planning and Zoning commission post pone the rezoning in Larsen Bay until these issues are solved and that the borough Planning and Zoning commission meet the Larsen Bay at their earliest convenience and halt all future building within the community of Larsen Bay. BE IT FURTHER RESOLVED THAT; the Larsen Bay City Council develop an ordinance for building codes and permits. PASSED AND APPROVED by a duly constituted quorum of the City of Larsen Bay This /9 VA' day of SIGNED: ATTEST: CITY OF LARSEN BAY PO BOX 8 • LARSEN BAY, ALASKA • 99624 PHONE: 907 -847 -2211 • FAX: 907 -847 -2239 E -MAIL: CITYOFLARSENBAY@AOL.COM (Mayor) Secretary Treasure) RESOLUTION NO. 08 -05 „9„ 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 to the meeting. If you would like to fax comments to your us, our fax number is: (907) 486 -9396. 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 tail free telephone number 1s 1-800- 478.5736. 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. { �p p Q , ��j Your Hu er: f� �1� :t-1 r`I �� Mai ling Address: % 41 4 ii) r i I '� 1 e rlpdoa: / � / • f .(boas 1 I k A — 7 ? C)`Z ' q Your property description: � /� L C) ' Commaate: t om,./ i _ __,0 t. k f ' _ /- 4 Pr's � O —r t f'-' I 0 7r' . AT . l 0 I `I57 (' For—r' - A- -t. -fl I-- i r-r 49 iN-S i' --, –s E. Pt s -q . / n LTV t" , i.L9 F-�- A J c� F+. t lie r. 0 •' -i lS n a lb 0,— —' 1 it• • i t1, 0 ---i j% n c e is m P kt P r= r)/ LOAn i 1 Q.A.`)lrn (4 5E.D "rt.,)0 r G, L 21 t_-:T (� S .4 L f 1 r.. tom=, LT 7( A 0 m ( S ilk a Z0 3EVd KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 A public hearing will be held on Wednesday, May 9, 2008. The meeting will began at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: Public Hearing Item VI.F PUBLIC HEARING NOTICE 08 «022 Don J. Maschmedt A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 fr ni R1- Single Family Residential B-. Business, LOCATION: 105 Second Street, Larsen Bay ZONING: R1- Single Family Residential S31t'I3OSSV 1(I3WHOSt7W 9060tG9Z9Zb Zb :OZ 8002/EZ/b0 04/24/2008 11:08 4252640906 KODIAK ISLAND DOR OUGII COMMUNITY DEVELOPMENT DEPAR 710 Mill Bay Road, Kodiak. Alaska 99615 141 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 9, 2008. The meeting will begin at 7:30 p.m. 1 in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Your Name: 08-022 Dom J. Maschmedt A rezone, in accordance with Larsen Bay, Tract A, Block 3 Business. 105 Second Street, Larsen Ba R1- Single Family Residential This notice is being sent to you because our records indicate you are a property own�triterested party in the arca 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. 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 b 486 - 3231. The toll free telephone number is 1-800 -478 -5736. 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 property description: k On i /r X 1_ C) FE MASCHMEDT ASSOCIATES Public Hearin C 17.72.030.0, (Manner of Initiation) fDr of 3 f= R1- Single Family Residential B- --rte 8k, 3 i- ■J Mating Addr m: f 4/ 41-\ �J r.�r�ro , u3A 4gEDZq co nments: A--.r PAGE 01 1 ST A public hearing will be held on Wednesday, April 16, 2008. The meeting will begin at 7:30 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: APPLICANT: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Bay Road, - Kodiak Aiask ° 996 15 – — Pu PUBLIC HEARING NO TICE Iic Hearing Item VI -B 08 -022 Don J. Maschmedt A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential t4 B- Business. 105 Second Street, Larsen Bay R1-Single Family Residential 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. 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- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, April 9, 2008, a work session will be held at 7:30 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 Conunission'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: A/2 r Mailing Address: ■ 4 ? ']�j7 L,A orsE� �,oy aC Your property description: LA /eScW SAY ` R y ( 7 Comments: TWA �'�7 A 'J ( 7- C4J A /. KA .f4.5/a 1 160■-.W Ale IiJGL 0 /Af l 7 A244 a)64- 4-0 ez.S7 */ la lTG,4 /J r ,r'1 <rZ.49>' /4e.6,CcF,us W /r-,%I 7 "�'`t� x „:9&.3clt , Ca) 96 /s 2E0.6 ®A/ 7 77 G20,:i'qv 157.„0 /� .�Al� CaO AN( i� Y4l<' /,�' V �lJ�E .&‘065 i /X/66e- Qx // y , /047mYG o' ZGW ///6 C.4)K4S4670 -y /Vero, s ra s S��r`sL Acvm s r /rte' 77/6/ v/ s/z /Al / , APR - 9 2008 COMMUNITY DEVELOPMENT DEPARTMENT) KODIAK ISLAND BOROUGH - COMMUNITY L}tVtt_UriVICry 1 Ll =me-f.tlr :vr Lax ■ 710 Mill Say Rd., Room 206, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.klb.co.kodiak.ak.us _Appl ran.tJnfnrrnation • Ami Property 9 iner's narne r:+ Property owner's mailing address State City en-')‹.10 Home phone Agent's name (If applicable) Agent's mailing address 'City Home phone Applicant Certification 1 hereby certify as the property owner /authorized agent that this !application for Planning and Zoning Commission review is true and complete to the best of my knowledge and thatlt is submitted in accordance with the requirements of the applicable Kodiak island Borough Code, which includes a detailed site pian for variance and conditional use requests and which may include optional supporting documentation as indicated. below. Additional Narrative/History Pfo:erty .wner's.Signature Staff signature Ze 39ad 3g vJ tso Work Phone E -mail Addr. State Work Phone Zip Zip E -mail Addr. As -balit Survey Photographs _ Maps Other STAFF USE ONLY Code Section(S) Involved: FIG F ICASH Variance (KIBC 17.66.020) $250.00- ',J'L:3,18 9:48:43 Conditional Use Permit (KIBC 17.6 Other (appearance re • sts, sit Zoning change from Application received by: S31VIDOSSV 103WHOStiW Property ID N umber /s ?+I vet9 s . PT. L 3 Legal Description Current boning: Applicable Cornprehensive Plan: Year of Plan adoption: Present Use of Property: Proposed Use of Property: (Note: Use additional sheets. if needed, to provide a complete description of the proposed request.) Authorized Agent's Signature Date 1 A development plan for one or more lets on which is shown the existing and proposed conditions of the lot, including topography vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting: berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, V1993 by Rutgers University) y$250401ING view, etc.) $150.00 tKd'BBiC and 030.0)" *** Paid in Full *** Foviai Islam Borough ' J,: 485 -9384 Property Information PAYMENT VERIFICATION ='Zoning wa:uadrt:, FICA'H. FICkl St;imiti 8I 0' P alirl5 �frsiiiul t48+G 18 �f`' B 34(15) bZ80 T9E - S6Z t':.'or, t.75 '.'P'e6 I' 644Th 4. t4.t koi , ltbdi'ak All '961 U; - ET:bt 8002/TL/Z0 E) Case 08 -021. Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Dvorak _gave a brief staff report. stating_staff_is _recommending_postponement-iike -the other cases to allow them to gather information. COMMISSIONER JANZ MOVED TO POSTPONE action on Case 08 -021 until the September 2008 special meeting of the KIB Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing open: Patty Livingston stated she doesn't want guns around her house or school. Mary Nelson stated where there's a lodge, there are guns. Sam Kenoyer stated the lodge follows the criteria described in the Comp Plan. Public hearing closed: Regular session opened: Discussion regarding reasoning behind commercial designation close to the harbor and other zoning designations. Patty Livingston reiterated she doesn't want more lodges. The question was called on the motion, and it CARRIED 7 -0. F) Case 08 -022. Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Dvorak gave a brief staff report stating staff is recommending postponement like the other cases. He also said according to Assessing Department it's on Lot 2 but it could be lot 4 so we just need to investigate more. COMMISSIONER WATKINS MOVED TO FORWARD a request to rezone in accordance with KIBC 17.72/030, (Manner of Initiation ) of Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business and defer Findings of Fact to June 18, 2008 regular meeting of the KIB Planning and Zoning Commission. The motion was SECONDED by COMMISSIONER PURDY. Regular session closed: Public hearing open: Sam Kenoyer stated he's been operating for years, and there's no difference from the other cases. It's been for sale for a couple of years and being advertised as a lodge. Mary Nelson stated it's the same situation with the guns. Tim Carlson stated that block has septic tank issues, and there was a close call for kids being hit by a car because of the congestion there. Patty Livingston stated she lives on the corner and has kids and grandkids at her house. She is opposed to Business and requests to keep it residential because of the craziness, drinking and driving. Selena Churchill asked how this property fell in the Comp Plan. May 9, 2008 P & Z Commission Special Meeting Minutes Page 7 of 9 CHAIR KING stated Residential. Patty Livingston stated there was a man to man agreement between Maschmedt and Mike Carlson that this house wouldn't be turned into a lodge. Tim Carlson stated the actual lodge is on Lot 4 and they process a lot fish on lot 3. Roy Jones, VPSO stated he has seen the problems with the accidents and vehicle /pedestrian conflicts in this area. Rome Carlson stated kids live close to the lodge. There are blind spots with speeding cars. He is opposed to Business zoning. Dvorak stated Lot 4 can't be included in the motion because it wasn't on the application. If the motion is denied they can re- apply. John Katelnikof requested the definition of Business zoning. Dvorak explained that Business is a zone. Commercial is a group of uses, sort of 5 different flavors of Commercial with Business being one of them. John Katelnikof asked if you can have 2 zones on 1 lot. Dvorak stated that is split zoning. Public hearing closed: Regular session opened: Sam Kenoyer stated it wasn't built as a lodge and the submitted Maschmedt comments are not true. A brief discussion on whether to move forward to postpone. Cassidy stated we are wrapping up the end of the fiscal year, and July would be the soonest we can get it on the agenda. The question was called, and it FAILED 7 -0. Discussion on recourse, non - compliance and the actions on non - compliance. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications. REPORTS Cassidy gave a brief meeting outline. Meeting schedule: • May 21, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers • June 11, 2008 work session at 7:30 p.m. in the KIB Conference Room • June 18, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers May 9, 2008 P & Z Commission Special Meeting Minutes Page 8 of 9 NOTE TO READER: ITEMS THAT HAVE A INDICATES EXISTING CODE LANGUAGE THAT IS PROPOSED TO BE DELETED. UNDERLINED LANGUAGE IS NEW LANGUAGE THAT IS PROPOSED FOR INSERTION. ALL OTHER UNMARKED LANGAUGE IS EXISTING CODE THAT IS PROPOSED TO LEFT UNCHANGED. 17.06.055 Bed and breakfast (B &B). "Bed and breakfast (B &B)" means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B &B must reside on the premises and the maximum number of rooms that can be rented out is five (5). A Bed and Breakfast must provide 1 additional parking spaces beyond the normal requirement for a single family dwelling unit for a two room use; 2 additional parking spaces for a three - four room use and 3 additional parking spaces for a five room use. (Ord. 93 -66 .3, 1993). Premises. "Premises" means a lot, together with all buildings and structures thereon. 17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding, bed and breakfast or lodging house used and maintained to provide sleeping accommodations for not more than two (2) persons. Each one hundred (100) square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.330 Hotel. "Hotel" means any building or group of buildings in which there are six (6) or more guest rooms used, designed, or intended to be used for the purpose of offering to the general public food, lodging, or both, on a day -to -day basis. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.060 Boardinghouse. "Boardinghouse" means a building other than a hotel with not more than five (5) sleeping rooms where lodging, with or without meals, is provided for compensation for three (3) or more persons, but not exceeding fifteen (15) persons, on other than a day -to -day basis and which is not open to transient guests. (Prior code Ch. 5 subch. 2 (9B(part)). 17.06.220 Dwelling unit. "Dwelling unit" means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes, and in which not more than two (2) persons are lodged for hire. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.355 Lodge. "Lodge" means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography, and viewing, and passive recreational activities. (Ord. 93 -66.3, 1993). 17.06.430 Motel. "Motel" means a group of one (1) or more detached or semidetached buildings containing two (2) or more individual dwelling units and /or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. (Prior code Ch. 5 subch. 2 .9B(part)). 17.06.455 Recreational cabin. "Recreational cabin" means a structure occupied on a temporary or seasonal basis by a group of people meeting the definition of family. This use is usually associated with remote areas. (Ord. 93 -66 .3, 1993). 17.06.495 Single resident occupancy. A single resident occupancy or single room occupancy (SRO) is a housing type consisting of one (1) room with or without cooking facilities and with private or shared bathroom facilities. A SRO is also a commercial building similar in use and function to a hotel or apartment building (e.g. multiple family dwelling) composed of eleven (11) or more studio apartments or rooming units that are available for rent for periods of seven (7) days or more. (Ord. 96 -01.3, 1996). 17.06.Vacation Home. "Vacation home" means a one - family dwelling unit that is rented or leased in its entirety for periods not to exceed 30 days in length. 3.30.280 Definitions. A. As used in this chapter the following definitions shall apply: 1. "Accommodations" mean a structure or portion of a structure which is occupied or intended for occupancy by transients for dwelling, lodging, or sleeping purposes. This term includes hotels, motels, tourist homes, houses or courts, lodges, lodging houses, inns, rooming- houses, hostels, trailers, bed and breakfasts, dormitories, charter boats, cabins, tents, or other temporary structures. This term does not include any hospital, medical clinic, or nursing home. 10. "Transient" means a person who occupies or rents and has available for the person's own occupancy or occupancy by any other person any type of accommodation for fewer than thirty (30) consecutive days. An employee who occupies or has available for fewer than thirty (30) days a suite, room or rooms rented or leased for more than thirty (30) consecutive days by an employer for use on a rotating basis by employees is not a transient. (Ord. 2000- 06 .2(part), 2000; Ord. 96 -19 .3(part), 1996). Chapter 17.03 GENERAL PROVISIONS AND USE REGULATIONS' Sections: 17.03.010 Application of provisions. 17.03.020 Conformity with regulations required. 17.03.030 Alteration or erection of structures. 17.03.040 Yard or open space limitation. 17.03.050 Approval by planning and commission. 17.03.060 Zoning compliance. 17.03.070 Building permit and conformity to zoning. 17.03.080 Uses prohibited unless authorized. 17.03.090 Similar uses may be permitted. 17.03.100 Airport regulations. 17.03.110 Bed and Breakfast, Lodges, motels and hotels Prior to the beginning of any of the following uses a copy of the certificate of registration for the transient accommodation tax must be submitted to the Community Development Department and a certificate of zoning shall be issued for any of the following uses: Bed and Breakfast, hotel, motel, lodge, etc. If the proposed use complies with the criteria for exemption to the transient accommodation tax (Section 3.30.040 of Title 3 of the MB Code), then a certificate of exemption (Section 3.30.060 of Title 3 of the MB Code) shall be provided to Community Development staff. VACATION HOME a a a a a a U a a RECREATION CABIN a a a U MOTEL a. a a LODGE C — over 6 C — more than 15 guest BOARDING HOUSE a a a "Ia.LOH 9 .Japtm — d $ 1 8g ZONING DISTRICT 1 W - Watershed District 1 WH - Wildlife Habitat District 1 NU — Natural Use District I C — Conservation District LI — Light Industrial District 1 RB — Retail Business RD - Rural Development District RNC - Rural Neighborhood Commercial District I RR2 - Rural Residential Two District RR - Rural Residential District 1 RR1 - Rural Residential One District] I R1 - Single - Family Residential District R2 - Two - Family Residential District I R3 - Multiple Family Residential District B - Business District I — Industrial District 1 PL - Public Lands District I UNC - Urban Neighborhood Commercial District SRO - Single Resident Occupancy Standards Mr. Don J. Maschmedt 941 Powell Ave. SW #150 Renton WA 98057 Sincerely, je-C - Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Mary 15, 2008 Re: Case 08 -022. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Dear Mr. Maschmedt: The Kodiak Island Borough Planning and Zoning Commission at their special meeting on May 9, 2008 denied your rezone request cited above. The Commission will take final action on your request at their June 18, 2008 regular meeting when they will be adopting their Findings of Fact. Findings of Fact are the commission's formal justification for the action taken. According to KIBC 17.72.055. B If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. Should you choose to elevate the Commission's decision to the Borough Assembly, a $150.00 appeal fee is required along with your written statement. Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. 'Current Location P & Z Case At DB 022 Maschmedt, Don J. Request: A rezone, in - accoreanee with 'KIBC 1772.030. (Manner of Initiation), for Larsen Bay T_ownsite, Tract A, Block 3, Lot 3, from R -1 Single Family Residential to B - Business. Feet 0 1,000 2,000 1 1 Subject Parcel, Tract A, Bk 3, Lt 3 Parcels Legend Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. Cli rrent ZiniSn9 Request:.Rezonre from '1 SFR to Business Larsen Bay Rezone Requests Eighteen (18) total parcels Agent: Multilple Subject Parcels, 18 Total Business Conservation Industrial WI Light Industrial 1 , 41141 Natural Use Public Use Single Family Residential Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. APPLICANT: Don J. Maschmedt LARSEN BAY REZONE UPDATE MEMORANDUM DATE: May 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 9, 2008 Regular Meeting CASE: 08 -022 LOCATION: 105 Second Street, Larsen Bay ZONING: R1-Single-family Residential Thirty (30) public hearing notices were mailed on April 18, 2008. Page 1 of 4 Public Hearing Item VI -F REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A; Block 3, Lot 3 from R1- Single- family Residential to B- Business Date of site visit: August 2003, May 2008 It was anticipated that a complete staff report could be presented in Larsen Bay for the May 9 special meeting of the MB Planning and Zoning Commission. Although it was not certain that the Commission would render a decision at this meeting, staff had hoped to present a fairly complete picture of the circumstance of each request to supplement whatever public hearing input was gathered at this meeting. Unfortunately, staff is lacking substantial information pertaining to the individual properties such as building locations, number of guest rooms, seasonal activitiy dates, etc., which are necessary to determine the relative impact of the use on the surrounding properties and the community as a whole. Staff is also anticipating additional information from the City of Larsen Bay regarding utilities and transient accommodation taxes which may also help to describe the level of activity relating to each lodge in Larsen Bay. While it was fully expected that this special meeting would also provide an opportunity for first hand investigation, by staff as well as by the Commissioners themselves, it was hoped that we would be further along with the analysis. The following paragraphs describes generally where the process is at this time. Staff has access to both the 1984 Larsen Bay Comprehensive Plan as well as the recently adopted 2008 Kodiak Island Borough Comprehensive Plan Update. In particular, staff has Page 2 of 4 Public Hearing Item VI -F focused largely on the newer plan because it has a wide range of goals and policies that address where the Larsen Bay community is today. The newer plan recognizes the existence of the 1984 plan however, which is still an adopted plan for the community that can provide guidance in areas not covered or superseded by the newer plan. For this reason, staff has provided the relevant goals and policies for both plans as part of this progress report. In the final staff analysis this information may simply be referenced in the text in order to keep the final report to a reasonable length. In addition to the adopted borough plans, staff is also considering the goals and objectives of the Larsen Bay Community Plan that was adopted by the local community in 2004. Although lacking a specific land use component, the plan contains an excellent vision of the desired future expressed by Larsen Bay residents. This plan, although not a borough sponsored plan, had a high level of local participation and was very good at assisting the community to reach consensus on issues important to the community. In addition, this plan made an effort to involve community residents of all ages. Staff expects to draw heavily from these plans and will try to highlight those goals and objectives which appear to be most relevant. In particular, the final staff report will draw heavily on the following chapters of the 2008 KIB Comprehensive Plan Update, Population, Local Government, Economy, Housing, Transportation, Public Services and Facilities, Parks and Recreation and Environmental Quality. The Larsen Bay section in Chapter 11 of the 2008 plan will likely be copied with the staff reports as well as the Larsen Bay Goals and Objectives contained in Chapter 12. As the 1978 Kodiak Island Borough Regional Plan and Development Strategy states, "without goals planning is aimless; it can accomplish very little other than bring to light problems and needs but cannot arrive at solutions." The document goes on to say that "It is important for the decision making bodies to be aware of public desires and the degree to which they conflict with factual data so that the finally adopted goals and objectives can accommodate to the greatest extent possible the perceived needs of the public as well as the actual situations as they exist." Comprehensive, as defined by urban planning practice, has three specific meanings: (1) It means that the general plan should deal with all of the essential physical elements of the urban environment within the boundaries of the contiguous planning area; (2) it means that the general plan should take into account the development trends in the larger geographic setting within which every city and/or borough is situated; and (3) it means that the general plan should be consciously related to the social and economic forces that it proposes to accommodate and that are themselves bound to be affected by the scheme for physical development expressed in the plan. Comprehensive means that a general plan for physical development, to be a logical, reasonable, and useful plan, must recognize and define its relationships with the physical and nonphysical, local and regional, factors that will affect the physical growth and development of the community. The quality of comprehensiveness means that it must be recognized at every stage of plan preparation and plan use, that a plan for physical development is an expression of the social and economic objectives of the community as determined by the elected officials of the local governments. It should not be interpreted to mean that the Planning and Zoning Commission Public Hearing Item VI -F and staff in carrying out their planning responsibilities, also assume responsibility for social and economic planning. To be effective in its primary purpose, establishing the policies for determining appropriate land uses in the plan area, the general plan must focus on the main issues and the "big ideas ". The plan document should not include too many details that would obscure or distract attention from the major policies and the major physical design proposals. The plan is intended to provide a general picture of the locations and sizes of the major physical elements of the planning area and to indicate the desirable relationships between them. The plan is a schematic guide, and not a map or blueprint. The general plan must be distinguished from those specific and detailed documents which are intended to implement it, such as the zoning ordinance, subdivision regulations, development plans, and the capital improvements priority and financing programs. Comprehensive planning represents a constitution for land development. It establishes the principles upon which community development is to be based, the ultimate size of the community, the placement of facilities, the distribution of uses and ideally, the timing of development and the mechanism for financing the development of infrastructure. Although given less attention, comprehensive planning requires that the internal planning elements be consistent with each other. Internal inconsistency will be present where insolvable problems are presented and not effectively integrated with the land use plan. The preceding paragraphs provide some philosophical context to the process that we are currently engaged in. Because staff is not fully aware of the physical circumstances of the community and indeed do not have any site information for the subject rezone parcels (other than some photos of the main structures) it is not possible to make a definitive recommendation on the each case prior to this special meeting. Rather than present only half of the picture, based only on the plans and codes available to staff in Kodiak, staff is recommending that this opportunity to travel to Larsen Bay be used to the fullest to obtain the needed physical, social and economic information. Staff has provided an additional attachment with certain code information that is being considered in addition to the various planning documents. With regard to a formal recommendation, the comprehensive planning maps provide a general guide to achieving the stated goals and objectives in the plan. When the plan map indicates commercial, that could be the requested B- Business zone, or it could also be the RB- Retail Business, or the UNC -Urban Neighborhood Commercial zones. Where the plan map indicates mixed use, that could mean the preceding commercial zones or it could also mean the R1-Single-family, R2- Two - family or R3- Multifamily zones, amongst other code options. Gathering the physical, social and economic information from the community will help to determine which zones present the most appropriate solution for the community The additional attachment also contains information about various forms of transient accommodation. Although the term lodge is used fairly loosely to mean a transient accommodation serving a tourism related clientele, there are many other forms of transient accommodation permitted under the zoning code that may also provide for similar services in a scale consistent with the surrounding development context and community needs. This includes hotels, motels, bed and breakfasts, boarding houses, single- resident occupancies, etc., to name a Page 3 of 4 Public Hearing Item VI -F few. In the final staff report, staff will try to reduce this information to a matrix for easier (and briefer) presentation purposes. RECOMMENDATION Staff recommends that the Commission hold a public hearing in Larsen Bay for each of the currently pending rezones, in addition to making their own first hand observations of the physical, social and economic conditions in the community In order to process this information and integrate it with a future staff analysis, staff recommends that action on these cases be postponed until the next regular meeting at which time staff anticipates making a final definitive zoning recommendation for each pending case. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone action on Case 08 -022 until the June 18, 2008 regular meeting of the KIB Planning and Zoning Commission and schedule the case for another public hearing at that time. Page 4 of 4 LARSEN BAY POPULATION 1982 to 2007 250 200 150 100 50 POPULATION 0 1982 1983 1984 1985 1986 1987 1988 1989 1990 19911992 1993 19941995 1996 1997 1998 1999 2000 20012002 2003 2004 2005 20062007 t POPULATION 1 08-0zz Larsen Bay Townsite, Tract A, Block 16, Lot 12 1 Kodiak Lodge a umouyu0 006'9005 - ZT lot No No Lodge Unknown Unknown Unknown iYes (Water only, septic system for onsite wastewater disposal) SOA Yes 240388 Kodiak Lodge at Larsen Bay LTD Unknown Unknown Unknown No No Unknown leryawwo: a -Liza Larsen Bay Townsite, Tract A, Block 3, Lot 3 190 umau11u01 008'15 - E 101 L.3 - $0.00 (Vacant) Unknown VN VN VN VN VN VN 000 VN VN VN VN VN VN e 10Nuap9sa8 Larsen Bay Townsite, Tract A, Block 16, Lot 10 'Unknown l Unnkown 001'95 - 0T 101 Lot 10- 533,600 Unknown No No Lodge Unknown Unknown Unknown lesonsl0 aalemalseM, alts - u9 lAp10 aa1eM ND' SRA Unknown Unknown Unknown 1 oN Unknown Unknown Unknown Ie!wawwo Larsen Bay Townsite, Tract A, Block 19, Lot 4 1 Unknown 'Unknown Lot 4 - 55,300 Lot 4 - 572,600 Unknown No Unknown Single- family Residential Unknown Unknown Unknown City Water Only; On -site Wastewater Disposal 500 Unknown Unknown Unknown 1 09 Unknown No Unknown Unknown leusawwo aepol valseyD llelpoyl 5 P00 4'E 901'87901B Poe 4101 'C 5 75 0 18'9 yow1 AeB uavel umou9u0 Lot 3 - $3,500 Lot 4 - $3,500 Lot 5 - 53,200 (87) Lot 4 - 53,400 Lot 3 - 527,500 Lot 4 - 50.00 (Vacant) Lot 5 - 50.00 (Vacant) (87) Lot 4 - 536,700 Unknown No Unknown Single- family Residential (one SFR on Lot 4, Blk 7 and one SFR on Lot 3, Blk 8 Unknown Yes Unknown SRA SRA Yes 727883 Kodiak Charters Lodge Unknown Unknown oN Unknown No Unknown Unknown 10Nuaplsa8/suo4aaleM/91.aww0� p0040 Larsen Bay Townsite, Tract A, Block 3, Lots 1 and 2 Uyak Bay Lodge um0uy001 Lott- 510,000 Lot 2 - 54,800 umoulluf (100000) 00'05 - Z 101 00Z'80ZS - T 107 No No Lodge Yes Yes Unknown 500 saA Yes 907797 Uyak Bay LLC Unknown Unknown oN Unknown No Unknown Unknown 109U0Pls0B 100006 4-0 Poe 90'1 5107 'Z 1 1 50 18'91 375 1 'allsumol AeB navel 9N Lot 1- $3,800 Lot lA - 55,200 Lot 2 - 520,000 Lot 1 - 53,800 Lot 4 - 530,000 Lot 1- $0.00 (Vacant) Lot lA -50.00 (Vacant) Lot 2 - 50.00 (Vacant) Lot 3 - 50.00 (Vacant) Lot 4 - 50.00 (Vacant) NA VN VN VN auoN VN VN 89 9N VN VN 1 9N 911 VN 9N 9N Lots 1 and 1A- Residential; Lots 2 and 3 - Commercial; Lot 4 - Residential Larsen Bay Townsite, Tract A, Block 1, Lots 1 -3 Larsen Bay Lodge Complex umouy 0 1 Lot l- $10,000 Lot 2 - 510,000 lot 3 - 533,600 Lot 1- $188,300 Lot 2 - 50.00 (Vacant) Lot 3 - 5148,600 Unknown Maybe No Residential and Lodge 555 Yes Unknown 0001 00A Yes 727508 Larsen Bay Adventures, LLC; 403098 Larsen Bay Adventures; 208639 Larsen Bay Lodge INC Unknown Unknown 1 oN1 Vanes, Unknown No Unknown Unknown Mixed Commercial /Water I snaoli/BorPrU S uop0Uasa01e9al (Bl 5 No ag10l) 001 8 30 luawAedl Sasuaars 9 sa401 Boron h Land Assessed Value 2007) Borough Building Assessed Value (TY2007) City Sales Tax 7 5[Ntturc • Grandfathered Structure(s) or use 7 Zoning Compliance 7 Original Building Design Category (Lodge, B &B, SFR) Provide Hunting Services 7 Provide Fishing Services 7 Provide Other Services 7 L camas pue 5ameM Alp Aq paa5a51 03356405 AM 1 Water and Sewer Rate Served by City Power Stete Requhments Alaska Business License Business License Number Fire Marshal Review Fire Marshal Permit No. Borough Bewhme Zoning compliance Permit Borough Tax Paid TY2007 Parcel Site Lodgin _ Use Hire Local Em .1. ees 7 Comprehensive Plan Designation '1 This notice is being sant 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 to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. 11 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 4116 -3231. The toll free telephone number Is 1- 800 -478 -5736. 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 at486.9363. \� �f/� a�/ A `1 � Your Naunc: / D� I -1 I C Ci4 T' Moiling Address:, f 4/ 11 / r i t 'k I ll�-. .1� I t�,�. 1 c2 n3 r� rJ , OA 9 P i r Your property��deoerlptios► t� Commeaq: 1J,1 l 41 C.( C-' 14 l'r'S 'D rfl-(t -, P koTe_. AT V 'I N t`.? t'.'9, 14-r -r-t A-'-r -ii t...i' rr Lei fps •a t QC -, ti-S E. n ft s -q _ _ _ i , r' Lc. (.4.9 &- F P' /r7 0 Y7"#ss n _5 1 , a 7' r'= I. '— ' srt r a T Si l; _ ,, r I o a, � i • a fEy • ,. L 0.r e' -- A rQr,it ni.3 - t " t..Ix: 5 L- - iS PROP icrY LL)An E si a E1) (Q 5 A-1.30 lz r c_. t •A i' s c te=> L. ---, p ` 0 o f _ -ES i7 Z rPsl... t ILD / L f /\ ' ZO 39Vd KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOTICE A public herring will be held on Wednesday, May 9, 2008. The meeting will begin at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: 08022 bon 3. Maschmedt REQUEST: A rezone, in accorrlanee with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 fpm RI- Single Family Residential to B- Business. LOCATION: 105 Second Street, Larsen Bay ZONING: RI- Single Family Residential S31t1I3OSSd 1Q3WHDStiW Public Hearing Item VI -F 9060179Z9Zb Zb :OT 8002/EZ/b0 04/24/2008 11:08 4252640906 C- MASCHMEDT ASSOCIATES KODIAK ISLAND BOROUGI! COMMUNITY DEVELOPMENT DEPAR 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearin A public hearing will be held on Wednesday, May 9, 2008. The meeting will begin at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, 'before the Kodiak Island Borough Plannin: and Zonin Commission to hear comments if an on the followin Ire nest: CASE: APPLICANT: REQUEST: LOCATION: ZONING: PUBLIC HEARING NOTICE 08-022 Don J. Maschmedt A rezone, in accordance with Larsen Bay, Tract A, Block 3 Business. 105 Second Street, Larsen Ba R1-Single Family Residential Your Name :N i 1+1 _JL.1� . Your property dexrtpt:on: Continents: & - 774 Pr C 17.72.030,0, (Manner of Initiation) Or of 3 anon R1- Single Family Residential i p 4 R 7 Tbis notice is being sent to you because our records indicate you are a property owWinterested 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396. 1f 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 b 4116- 3231. The toll free telephone number is 1400- 478 -5736. 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. MAi Addrew 941 t * 1 . .'1 .r\.1'rotJ, eft 9 q r7 EF &" D 17 ti yAM� Rl�� _L sa E ic r L 14 1 E~ • i >a1 f ` I..ef.)F7s 1 AL 1 JL L L 1 PAGE 01 tILlb uouce is oeing 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 prior to the meeting. If you would like to fax comments to your us, our fax number is: (907) 486 -9396. 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- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, April 9, 2008, a work session will be held at 7:30 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. p Your Name: 7 //4 c: & c / Mailing Address: �Q /fat' Zr C.,�l/L5e41 94 AC y /� Your property description: ZA/C56N /JAY rz A ii< 3 `! O comments: 7144S (...67 /`S 4;6 CA73 &) 7"/ / "...(4.510, A/64 ,5;65, 4At y ( ....k ac_, lik.) ee.,o /,<. me 77/4S .2WA ( . 06, :-/ 4 -0 Azirzeo r/ t4/X7 ivs aX G6 �. ,3 ti 6e.a.1 , rec/E /F !S f cre,4- o y SEte1EA ,e'/eo,QCF<uJ a.) 0 -7-74 ///Zi/l .aocic . 4449.J 5 62.),'9 /s Ae..Abloy oA/ row 7 64,0z)/. Fizo i.--t / _56 6rs.o6F ANA 1) V,Q« ,9 V Gc3.44 /04 z6k.)r< i /?cicy6,' F,e,i, /, ,/ reA5 /4E�ri ac , ,&.:)////1/K d ZV //lG C- 0 --t A/Kte.e, S 7 SFE .%4-.J6 f/1alt�6A -c5' t0i4E6v 77 U/ 3 //l / - f A y . . ' t. lift - 9 2008 I!J APR A public hearing will be held on Wednesday, April 16, 2008. The meeting will begin at 7:30 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: 08 -022 APPLICANT: Don J. Maschmedt REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential IQ B- Business. 105 Second Street, Larsen Bay RI -Single Family Residential COMMUNITY DEVELOPMENT DEPARTMENT� la : AWL Property ner's name KODIAK ISLAND BOROUGH - COMMUNITY L} ri fi umr -+nt kin 1....t• a 710 Mill Bay Rd., Room 208, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www,klb.co, kodiak.ak.us Agent's name (if applicable) Aka L4 pto:erty • ner's.Signature Agent's mailing address City , State Home phone Work Phone Code Section(s) Involved: staff signature Applicant information 3,K vJ * ts-D Zip E -mail Addr. STAFF USE ONLY F FIC:ASH Variance (KIBC 17.66.020) $250.00:'i :e.1 ti.8 9:48:43 Conditional Use Permit ( Other (appearance re 7 — = Zoning change from Application received by: KIBC 17.6 p $250CDON8 sts, sit p view, etc. $150.00 �'K BIC117.72.030 and 030.0)" .3'4.Qty s ** Paid in Full *4* A Koala Island borough :n•i 486 -9s.i S31d IDDSSt7 1Q3WHOStIW Property information R'.67oC).3tt:l Property ID Number/8 /4, 4'Z .5cp, FT. Legal Description Current Zoning :'� t Ci n Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: Proposed Use of Property: 4 e GQ M KA P. (Note: Use additional sheets, if needed, to provide a complete description of the proposed request,) Applicant Certification l hereby certify as the property owner /authorized agent that this application' for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and oonditJonal use requests and which may include optional supporting documentation as indlcated.beiaw. Additional Narrative/History As -built Survey Photographs Maps . Other e ' Authorized Agent's Signature Date 'A development plan for one or more Iota on which Is shown the existing and proposed conditions of the lot, Including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of Ingress and egress circulation; utility services; structures and buildings; signs and lighting; berms, •buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) FIC H. 2I2. /2R!rat 18(CN_i8j5 ' PAYMENT VERIFICATION 3LZr3 I = � eisi ` e j l r � 171bi1. 3frs4�l1� 2005) 1! it an L7.5. stC r$, 4tite icra' MA) ' 4.64#0114 X14 Ko4i i 1it ❑ Bcapi 4h w ., Kddig i t 9615 (9211) 4*- 1 43P4 PZ80- T9E -96Z ET :PT 8002 /TI/Z0 Current Location P & Z Case # 08-022 Maschmedt, Don J. Request: A`rezone, in with KIBC 17.72.030. C (Manner of Initiation), for .Larsen BayTownsite, Tract A, Block 3, Lot 3, from R -1 .Single Family Residential to B -Business. Legend Subject Parcel, Tract A, Bk 3, Lt 3 Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. Current Zoning Larsen Bay Rezone Requests Agent: Multiple 'Request: - Rezone fromR -1 SSFR toB - Businesss Seventeen (17) total parcels. Legend Subject Parcels, 17 Total Conservation Light Industrial Public Use Single Family Residential Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contourinformation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. KODIAK ISLAND BOROUGH - COMMUNITY L) VtLUriVICINi I VGri -tit 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 4864363 - FAX (907) 486 -9396 www,k1b.co.kodiak.ak.us Applicant - Pro erty owner's mailing address City 4 LLD ^Pt State Work Phone Agent's name Of applicable) Agent's mailing address City , State Zip Home phone Applicant Certification 1 hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review ab true and complete to the best of my knowledge and that It is submitted in a000rdance with the requirements of the app Kodiak island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated. below. Additional Narrative/History As -bulit Survey _ Photographs Maps . Other .Pt'o.erty Owner's.Signature 1 A development plan for one or more lots on which Is shown the existing and proposed conditions of the lot, Including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of Ingress and egress; circuiation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, (91993 by Rutgers University) Code Section(s) Involved: Work Phone E -mail Addr. STAFF USE ONLY F Ii..fbIl F 'CASH Variance (KIBC 17.86.020) $250.00 ic1/ealb 9148:43 ,,i : $250ZDUNG view,, etc.,) $150.00 L ( i3tul7.72.030 and 030.C)* 3:;. sat i i / •* P af! Iaid sl in and Lt Fall orou ** h orfl ■ /� � - ���1 ) 6ii IV r 486 -932 Conditional Use Permit (KIBC 17.6x4 Other (appearance re• 4- sts, sit p Zoning change from Application received by; Staff signature ZO 39tid ZIP E -mail Addr. S31t7IOOSSb ia3WHOSt7W __ st, tyInformation - R C P roperty ID Numberis /4 vGY, ..S< Q, F`7". Legal Description Current Zoning: Applicable Cornprehernsive Plan: Year of Plan adoption: Present Use of Property: Proposed Use of Property: Cry (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Authorized Agent's Signature ict-e t '14" Iez* ._, PAYMENT VERIFICATION Date 2 V. n;u :I�;k:� FICA . g F Mt 8 ICF 2 II � o c h,�luie: t 18+ �' ably ftesthiut tr 1815 eiI} ! . '2005) 1) rtan !.75 ,tco•wr; k41 ifcres Knt�iak ,is t 4 „ Bvrouf,}h Icoaiak AK '59615 J9 4N6 - 9324 17Z80- I9£ -993 £I :bI 800Z /II /Z0 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. 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- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, April 9, 2008, a work session will be held at 7:30 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: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 _ _ Public= Hearing- ItemA/I -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 16, 2008. The meeting will begin at 7:30 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: APPLICANT: REQUEST: LOCATION: ZONING: 08 -022 Don J. Maschmedt A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. 105 Second Street, Larsen Bay R1- Single Family Residential DATE: TO: FROM: SUBJECT: CASE: APPLICANT: Case 08- 022/Postponement MEMORANDUM April 7, 2008 Planning and Zoning Commission 08 -022 Don J. Maschmedt Community Development Departmen Information for the April 16, 2008 Regular Meeting Public Hearing Item VI -B REQUEST: A rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), of Larsen Bay Townsite Subdivision, Tract A; Block 3, Lot 3 from R1- Single- family Residential to B- Business LOCATION: East end of Larsen Bay Subdivision ZONING: R1- Single- family Residential RECOMMENDATION This case was initiated as a result of the public notice sent out relating to prior rezone cases (03 -011, 03 -012, 03 -016 and 03 -018) that were originally scheduled for public hearing at the February 2008 regular Planning and Zoning Commission meeting. No action was taken by the Commission at that meeting as staff had recommended a postponement to allow complete update of the staff reports written in 2003 and to allow a more in depth analysis of the new comprehensive plan and other changes to the Larsen Bay Community. The Commission postponed the four February rezone cases referenced above and has decided to hold a public hearing in the Larsen Bay Community on May 9, 2008. Because staff is still working on all these cases concurrently, it would be inappropriate to hear this case now in Kodiak when all the other related rezone cases have been directed to a Larsen Bay venue in May. Choosing the May timeframe to hear these cases in Larsen Bay balances the needs of the community to participate in these cases along with adequate notice to the petitioners to allow for their substantial participation as well. At this point it does not appear that staff will be able to do an advance reconnaissance of the Larsen Bay community until the time of the May meeting so staff will focus on the most recent information that can be obtained from other secondary sources such as current plans, assessing records and public input. APPROPRIATE MOTION Move to postpone action on Rezone Case 08 -022 and reschedule it for a public hearing in Larsen Bay on May 9, 2008. Page 1 of 1 P & Z: April 16, 2008 04/24/2008 11:08 4252640906 OD 1., ISLAND— OROT -GB - Di COMMUNITY DEVELOPMENT DEPAR CASE: APPLICANT: REQUEST: LOCATION: ZONING: MASCHMEDT ASSOCIATES 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOTICE 08 -022 Dom J. Maschmedt A rezone, in accordance with Larsen Bay, Tract A, Block 3 Business. 105 Second Street, Larsen Ba R1- Single Family Residential Your property deserlptiore. °JD 0 + f Comments: • Bi PAGE 01 Rtr>o fg- Public Hearin A public hearing will be held on Wednesday, May 9, 2008. The meeting will begin at '7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: • *IBC 17.72.030,0, (Manner of Initiation) 01:ir of 3 gr= R.1- Single Family Residential B- -- r12, -A $ R 3 L- ,/ This notice is being sent to you because our records indicate you are a property n r ii terestcd party in the area of thc 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would tike to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number b 486-3231. The toll free telephone number is 1400 - 478-5736. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with thc 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 Nome: I Mailing Address: 1 TJ 1 { 1 £ 1) V — 1g) u3 A 9gfpzq 49 we Pr-r .�-i i -' n-r Le try r �-S (� Ft S -A_ Cep ■ _ 1�, P 6� is 0 3'' f-- (, pry L 0 E - A tQc) .i, ©t -t -'C: I D . t S 0 P ;-' A i C LL L T f t . L_ ZlC - PL._f) i S .0 D d Our Li k Islan �r D u K 010P 0 mComm a Road R .� y 99615 6 AlaskF 615 486 -939 'Kodiak 363 Phone (9 0'1) 486-9 . us April 23 , 2005 � Mr. Do �Manrler of M • n 1. M SW #150 941 Powell A 9g05� Co 1'7.'72.030.0 l_5ingle F ainily Renton, with 6 Lot 1 in accordance Request a rezone, ownsite, Tract A' Block Re: Case 08-021. for Larsen Bay Initiation), sl to B- Business. a Resid Zoning Commission has Planning and 9 2008 s pecial meeting. c hm edt: Island Borough May Lars Bay, Alaska. Mr. M t h e Kodiak. Hearing at their Offices, Dear that above for Publi Larsen B Please be advise rn in the City of L' d case referenced 00 p related to their case should scheduled the is not mandatory but repOmm ende evidence will bed a ndlor t such information in person. This m eeting m eeting testimony an d present Attendance at this m resents Special Meeting 486 -9363 if we can answer who wish top the p Department at thank y ou for you APph °ants n In a dvance , Baring dung D public the Cor'untdye al information. ap pear at t a ddition Please contact outstanding questions or pro vide ou co operatio n. Sincerely '5 C/r(531 Sheila SmithSecretary entDeP Community 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. 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. Thetolt free telephone number Is 1- 800 -478 -5736. 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 all us at 486 -9363. Your lY,ame: r. 1 ' 1-1 i tom"" Mulling -t ,.xar,�4: g ►zn r� t h A CA S+. . Your property de ciiptsoa: f. l ,, ' R:E137'lnt .J u.. DA -! ?�5q Comoentx: enr `- -t r'-r' i f•-I r f 5-, r` -, 0--S D ft s -q - °'S r ' C-z. a _ U3 ,.. i J . go ' e 1 S 4,4n >D r= 0--1 ._ , t l -ar' - t 7 4 O, Lt. 'S T ' i, nn Z . -( r+& 7 6 : enP- ..42Ty Lam, c k - 1 -- ). v S" Li' Ak ( t 0 .rime' -- A 'Qt. r r,-)Q itc i n c -7 i S 6 ' o,P r= � , I Q, Ir ID -__ r -'' (I._) t P , C ZrD z i 7 k i.ko" tri --i' Pr 1-`f 9 -S l 7 . Z.?-r- I A- L.. ' c a.3 f L tom` , , KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -F Z0 3E d PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 9, 2008. The meeting will begirt at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 08022 APPLICANT: Don J. Maschmedt REQUEST: A rezone, in accorcianc-e with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. • LOCATION: 105 Second Street, Larsen Bay ZONING: R1- Single Family Residential S31VIOOSSa la3WHOSt1W 1St) 9060179ZSZb Zb:0i 8002/6Z/b0 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. 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- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, April 9, 2008, a work session will be held at 7:30 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. /� i Your Name: ?/!`7 O (5 CIA/ / Mailing Address: /. i 4' ' Z? A7�„SEGl 94 y AC- ,r� Your property description: Zfl/t;SE=1� /247' / i A .§K 3 .r8 Comments: -7,47,; CDT 45 ‘."...6 C Ar6e 2),'7V S'&W 7 /76 )J : ,44 AI V L r itiz-i44_, f tak3,J4 -4 K1 /' /A lf V TN!c A7,YM f_k7 - � " / ` i f3T7Z6V c A' (. .fJ E L C:J , / !`/&v is A( / -�, '„.a.e y ✓f U/ F rk i c,co d e‹.'�iS w ;-A x,‹77' ee_oc, , 4,4eJ , (,¢9F /S /CC.AL4.oY o,.\/ 76, of 7 64.6.�/./.0 F.u, "A-t "A-t / , l.._ ,dri..04 ,4N ,) Y,42K m y z..6.'est , SCE z. 44.)z. 1/45%467/ ,Z.l // y XA S�lI FlYT /,4c , A/0A/ /A/K• d Z� l ///6 U)/ S7Q'/ ,V(, s 7 SF-L 5-' -c_ J f :2a..6.r&‘ W,' -rc 7 UI5/7 /'V /fA y , APR - 9 2008 g KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska: 99615 CASE: PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 16, 2008. The meeting will begin at 7:30 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: 08 -022 APPLICANT: Don J. Maschmedt REQUEST: LOCATION: ZONING: A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. 105 Second Street, Larsen Bay R1-Single Family Residential tlrlic Ieaii�tg3tem'VI-B _ `'OMMUNlT? DEVELOPMENT DEPARTMENT 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. 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 -800 -478 -5736. 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: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 9, 2008. The meeting will begin at 7:30 p.m. in the City of Larsen Bay Office, Larsen Bay, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: REQUEST: LOCATION: ZONING: 08 -022 APPLICANT: Don J. Maschmedt Public Hearing Item VI -F - A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. 105 Second Street, Larsen Bay R1- Single Family Residential Current ;Lvcat 105 Sett) ntl St. Larsen Bay Agenda Item # VI P & Z Case ## 08-022 Do TVlaschmerit Request a rezone, in .acr,ordBnoe with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1-Single Family Residential to B- Business. 3S 672 SS 672 0 475 950 Feet 1 1 t 1 Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. STATE OF ALASKA P.O. BOX 196900 P'oCHORAGE, AK 99519 -6900 LARSEN BAY LODGE INC 1713 MISSION RD KODIAK, AK 99615 DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 ELI & MARIE SQUARTSOFF PO BOX 86 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH /JOHNSTON 3137 MILL BAY RD KODIAK, AK 99615 TIMOTHY & JANET CARLSON PO BOX 93 LARSEN BAY, AK 99624 ROBERT MASCHMEDTJR 941 POWELL AVE SW, STE. 150 RENTON, WA 98057 KODIAK ISL HSG AUTH /MCCORMICK 3137 MILL BAY RD KODIAK, AK 99615 JEFFREY RONN 12262 N. 56TH AVE. GLENDALE, AZ 85304 JA & DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 MICHAEL CARLSON 1713 MISSION RD KODIAK, AK 99615 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, AK 99624 DAVID & SHERRY HARMES 17929 BEAUJOLAIS DR EAGLE RIVER, AK 99577 MARINA WASELIE PO BOX 21 LARSEN BAY, AK 99624 VICTOR CARLSON P.O. BOX 7 LARSEN BAY, AK 99624 LARSEN BAY PROPERTIES, LLC 941 POWELL AVE. SW, STE 150 RENTON, WA 98055 KODIAK ISL HSG AUTH /PANAMAROFF 3137 MILL BAY RD KODIAK, AK 99615 JOANN EWALD 11186 HWY 1 COOK, MN 55723 ROGER GUARD ETAL 1559 UNDERWOOD LANE SE WESTPHALIA, KS 66093 JIMMY JOHNSON PO BOX 10 LARSEN BAY, AK 99624 FRANK CARLSON 1713 MISSION RD KODIAK, AK 99615 TAMMY HELMS 3805 COTTONWOOD WAY WASILLA, AK 99654 KODIAK ISL HSG AUTH /HOCHMUTH 3137 MILL BAY RD KODIAK, AK 99615 HENRY MOORE 185 ROSSDHU PAWLEYS ISLAND, SC 29585 DAVID EASTER 1576 E. PINE ST MOUNT AIRY, NC 27030 UYAK BAY, LLC PO BOX 128 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH /NAUMOFF 3137 MILL BAY RD KODIAK, AK 99615 VENESSA HOCHMUTH P 0 BOX 74 LARSEN BAY, AK 99624 MARK JEFFREY KNEEN LIVING TRUST PO BOX 162 ILIAMNA, AK 99606 RUSSIAN ORTHODOX OF SITKA P 0 BOX 240805 ANCHORAGE, AK 99524 -0805 Public hearing open: Jane Petrich spoke in favor of the rezone requests in Larsen Bay and she will be putting in for a rezone also. Public hearing closed: Regular session open: The question was called, and it CARRIED 6 -0. B) Case 08 -022. Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Staff indicated there were (30) public hearing notices and(1) returned opposing the request. He said for the same reasons as the last case staff is recommending postponement. This location is at the other end of town and is not closely related to the l st request other than ownership. Dvorak stated since this request is going to be postponed you should take public comment before you do a motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER JANZ MOVED TO POSTPONE action on Rezone Case 08 -022 and reschedule it for a public hearing in Larson Bay on May 9, 2008. COMMISSIONER JUENGER SECONDED the motion. The question was called, and it CARRIED 6 -0. C) S08 -013. Request Preliminary approval, according to KIBC 16.40, of the subdivision of portions of U.S. Survey 2261, U.S. Survey 4947, and ATS 1266 creating Tract F within U.S. Survey 2261, U.S. Survey 4947, and Alaska Tideland Survey No. 1266 on Near Island. Dvorak reported staff has provided you with a revised supplemental staff report. This case was postponed from last month without action. After last week's work session discussion staff spent quite a bit of time researching this case. Staff has revised the recommendation so it doesn't include creating a new tideland tract or subdivision. Basically, it can go forward as requested with a couple of conditions. It became apparent some boundary changes need to addressed. COMMISSIONER JUENGER MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision of portions of U.S. Survey 2261, U.S. Survey 4947, and ATS 1266 creating Tract F within U. S. Survey 2261, U.S. Survey 4947, and Alaska Tideland Survey No. 1266 on Near Island. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER JANZ MOVED TO AMEND the motion to add "subject to Conditions of Approval 1 and 2. The motion was SECONDED by COMMISSIONER HARRINGTON. (inaudible) April 16, 2008 P & Z Commission Meeting Minutes Page 2 of 4 Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 Kodiak Island Borough Community Development Department p epartment 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us April 17, 2008 Re: Case 08 -022. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Dear Mr. Maschmedt: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on April 16, 2008 postponed action on the case referenced above until their May 9, 2008 special meeting to be held in Larsen Bay. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496 -9363. Sincerely, Sheila Smith Secretary Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us March 26, 2008 Re: Case 08 -022. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay, Tract A, Block 3, Lot 3, from R1- Single Family Residential to B- Business. Dear Mr. Maschmedt: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their April 16, 2008 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, April 9, 2008 at 7:30 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, Sheila Smith, Secretary Community Development Department 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 prior to the meeting. If you would like to fax comments to your us, our fax number is: (907) 486 -9396. 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- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, April 9, 2008, a work session will be held at 7:30 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: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing item VI =B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 16, 2008. The meeting will begin at 7:30 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: APPLICANT: REQUEST: 08 -022 Don J. Maschmedt A rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. 105 Second Street, Larsen Bay R1- Single Family Residential '.matted 3 Current Lo cat i o n 1 Second St. ;Larsen ;Bay Agenda Item ## Vi B P & Z Case # 08 -022 Don Maschmedt Request a rezone, in accordance with KIBC 17.72.D30.C, (Manner of Initiation) for Larsen Bey, Tract A, Block 3, Lot 3 from R1- Single Family Residential to - B- Business. SS 672 SS 672 0 475 1 1 E 950 Feet Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. STATE OF ALASKA P.O. BOX 196900 ANCHORAGE, AK 99519 -6900 LARSEN BAY LODGE INC 1713 MISSION RD KODIAK, AK 99615 DARLENE JOHNSON PO BOX 10 LARSEN BAY, AK 99624 ELI & MARIE SQUARTSOFF PO BOX 86 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH /JOHNSTON 3137 MILL BAY RD KODIAK, AK 99615 DTHY & JANET CARLSON P0 BOX 93 LARSEN BAY, AK 99624 ROBERT MASCHMEDTJR 941 POWELL AVE SW, STE. 150 RENTON, WA 98057 KODIAK ISL HSG AUTH /MCCORMICK 3137 MILL BAY RD KODIAK, AK 99615 JEFFREY RONN 12262 N. 56TH AVE. GLENDALE, AZ 85304 JAMES & DARLENE JOHNSON PC' "1X10 �,. .N BAY, AK 99624 MICHAEL CARLSON 1713 MISSION RD KODIAK, AK 99615 CITY OF LARSEN BAY PO BOX 8 LARSEN BAY, AK 99624 DAVID & SHERRY HARMES 17929 BEAUJOLAIS DR EAGLE RIVER, AK 99577 MARINA WASELIE PO BOX 21 LARSEN BAY, AK 99624 VICTOR CARLSON P.O. BOX 7 LARSEN BAY, AK 99624 LARSEN BAY PROPERTIES, LLC 941 POWELL AVE. SW, STE 150 RENTON, WA 98055 KODIAK ISL HSG AUTH /PANAMAROFF 3137 MILL BAY RD KODIAK, AK 99615 JOANN EWALD 11186 HWY 1 COOK, MN 55723 ROGER GUARD ETAL 1559 UNDERWOOD LANE SE WESTPHALIA, KS 66093 JIMMY JOHNSON PO BOX 10 LARSEN BAY, AK 99624 FRANK CARLSON 1713 MISSION RD KODIAK, AK 99615 TAMMY HELMS 3805 COTTONWOOD WAY WASILLA, AK 99654 KODIAK ISL HSG AUTH /HOCHMUTH 3137 MILL BAY RD KODIAK, AK 99615 HENRY MOORE 185 ROSSDHU PAWLEYS ISLAND, SC 29585 DAVID EASTER 1576 E. PINE ST MOUNT AIRY, NC 27030 UYAK BAY, LLC PO BOX 128 LARSEN BAY, AK 99624 KODIAK ISL HSG AUTH /NAUMOFF 3137 MILL BAY RD KODIAK, AK 99615 VENESSA HOCHMUTH P 0 BOX 74 LARSEN BAY, AK 99624 MARK JEFFREY KNEEN LIVING TRUST PO BOX 162 ILIAMNA, AK 99606 RUSSIAN ORTHODOX OF SITKA P 0 BOX 240805 ANCHORAGE, AK 99524 -0805 KODIAK ISLAND BOROUGH - COMMUNITY !?CVGLUriV1 i Limr, n.I flu La ■ 710 Mili Bay Rd., Room 205,, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co,kodiak.ak.us I? ID alb Proposed Use of Property: City Agent's mailing address Property per's name Property owner's mailing address O " Horne phone Work Phone E -mail Addr. s ' tv ► AAA Cr. )i M fro Agent's name (If applicable) City Home phone Applicant information Additional Narrative/History State Zip State Zip Work Phone E -mail Addr. Property ID umbers Ai, S' ,Sc . FT. �R bky TP, A 6k X7 Legal Description Current Zoning: Applicable Coinpreherisive Plan: Year of Plan adoption: Present Use of Property: Property Information k -1-r) P. i) r l ) vv\ t=1) 1 YL � C' ? 6A :4'•r^ C) rt c a A t C t: t L n `.x (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowiedge and that It is submitted in accordance with the requirements of the applicable Kodiak Island aorcugh Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated. below. As -bunt Survey Photographs Maps . Other Pe'a % erty awner's.Signature a . t o Authorized Agent's Signature Date 'A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography., vegetation, drainage, flood plains, wetlands, and waterways: landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, 01993 by Rutgers University) Code Section(s) Involved: Staff signature STAFF USE ONLY FlL, F ICASH Variance (KIBC 17.66.020) $250.00 ` :48:43 _ Conditional Use Permit (KIBC 17.6 . n • Y $25O O NG Other (appearance re lasts, sit pi •n r4view, etc.) $150.00 _Zoning change from & (K1S'&17.72.030 and 030.C)* raid in Full *** jb Application received by: Z0 39Vd S31ti IOOSS' 1Q3WHOSVW 1 CA 'H . c/2 i200 080'0'1815 I'8 19E - 90Z PAYMENT VERIFICATION !' Ss:ht. -du 1. Pc�.i121,t4o 7C krb Resci ■!O !rm., a1•. , •5f: { ?5) tt, !.75 a'.'ri-6 7 i ztt.> r�rACll .1 ldtt Y .Hg ?;_ fl 'Kbai AK '59615' ojoi } 4"-Q7,=,11 Et .17T 8002/It/Z0 August 8, 2008 Mr. Don J. Maschmedt 941 Powell Avenue SW #150 Renton, WA 98057 Re: Review of Case 08 -002 Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business Dear Mr. Maschmedt: At its regular meeting of August 7, 2008, the Kodiak Island Borough Assembly reviewed the Planning and Zoning Commission's Findings of Fact, which were adopted in support of its decision to deny a rezone of Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. The Assembly took the following action and upheld the decision of the Planning and Zoning Commission: • FAILED to Direct Staff to Prepare an Ordinance for Introduction Relating to Case 08 -002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business. For further inquiry regarding this case, please contact the Community Development Department at 907 - 486 -9363 Sincerely, OFFICE OF THE BOROUGH CLERK Nava . Javier, Borough Clerk Z(odthk Zslandftoroagh Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 E -mail: njavier @kodiakak.us KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING TITLE: Mayoral Appointment(s) to the Solid Waste Advisory Board. SUMMARY: ITEM NO: 13.D.2 KIBC 2.39.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly. APPROVAL FOR AGENDA: RECOMMEND D MOTION: Move to confirm the mayoral appointments of: o the vacant seat to expire December 31, 2010 and OLto the retail business representative seat to expire December Name Barry Altenhof P.O. Box 1373 Kodiak, AK 99615 Vacant Freya Holm P.O. Box 271 Kodiak, AK 99615 Marion Owen P. O. Box 1694 Kodiak, AK 99615 Richard Pillans 322 Lilly Drive Kodiak, AK 99615 Construction Business Representative Ed Mahoney 2010 P.O. Box 2281 Kodiak, AK 99615 � Y Retail Business Representative 2009 Vacant KIB Staff Representative Tracy Mitchell (Ex- officio, non - voting) Environmental Specialist United States Coast Guard Representative LCDR Deborah Darminio CWO4 Stephen Allbee, Alternate City of Kodiak Representative Mark Kozak 2410 Mill Bay Road Kodiak, AK 99615 Revision date: 6/6/08 Revised by: jk KODIAK ISLAND BOROUGH Term Home Phone Work Phone 2008 486 -6238 2010 (J 2009 486 -2849 486 -6554 486 -5759 STAFF: Mary Barber, Secretary III 486 -9343 Engineering and Facilities 486 -9394 Fax 0-vdt 2009 942 -1424 486 -4449 freva.holm(a�gmail.com 2010 486 -5079 mvgarden(a�alaska.net Jac o 9a" 2 kk e4 Email baltenhof(a�gci.net rick.thresholdna gci.net 539 -1234 cell builders a(�ptialaska.net Ex- Officios /non- voting: Assembly Representative Chris Lynch 487 -2244 539 -2494 chrislvnch a(�acsalaska.net 11175 Lake Orbin Drive Kodiak, AK 99615 486 -9348 tmitchell(akodiakak.us 487 -5320 ext. 252 deborah.k.darminio(a�uscq.mil 487 -5320 ext. 257 486 -8060 mkozak(a�citv.kodiak.ak.us 486 -8066 (fax) mbarber(akodiakak.us Sections: 2.53.010 Created Membership. 2.53.020 Organization. 2.53.030 Term Compensation. 2.53.040 Powers and duties. 2.53.050 Administrative assistance. Chapter 2.53 SOLID WASTE ADVISORY BOARD 2.53.010 - 2.53.040 2.53.010 Created Membership. There is created a solid waste advisory board that shall consist of seven (7) borough residents, inclusive of the City of Kodiak, who represent a cross section of the social and economic structure of the community. Preferably, two (2) out of the seven (7) seats shall be designated to representatives from the construction and retail business community. All members are appointed in accordance with section 2.39.030 and shall meet the qualifications of section 2.39.040 of this title. There will be four non - voting ex officio members, one (1) of which shall be an assembly member appointed by the mayor; one (1) shall be a KIB staff member appointed by the manager; one (1) shall be representative from the United States Coast Guard appointed by the ISC commanding officer; and one (1) City of Kodiak staff member appointed by the city manager. Each ex officio member may participate in all discussions. (Ord. FY2007 -15A §2 (part), 2007; Ord. FY2007 -15 §2 (part), 2007). 2.53.020 Organization. The board shall designate its chair and vice -chair at the first meeting of the calendar year and shall hold at least one (1) meeting annually. (Ord. FY2007 -15 §2 (part), 2007). 2.53.030 Term Compensation. A. The members shall serve for three (3) years; however, of the members first appointed, three (3) shall be appointed for three (3) years, two (2) for two (2) years, and two (2) for one (1) year. Appointments to fill vacancies shall be for the unexpired term only. B. Members of the board shall serve without compensation. (Ord. FY2007 -15A §2 (part), 2007; Ord. FY2007 -15 §2 (part), 2007). 2.53.040 Powers and duties. The board shall assist in identifying creative and workable solutions to ongoing and emerging issues in solid waste management and to provide a forum for input and recommendations to the assembly on solid waste policy and program directions. The board will also work to develop consensus on how to implement proposed solutions. The focus of the board is broad policy issues rather than technical details. The board shall: A. Serve in an advisory capacity to the mayor and assembly on matters affecting solid waste handling in the KIB and establishing a solid waste management plan which meets the needs, desires and goals of the community. For the purposes of this Chapter, "solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof. 2 -58 (KIB 06/07) Supp. #49 2.53.040 — 2.53.050 B. Provide for balanced consideration and representation of the viewpoints, problems and issues regarding solid waste in the community. C. Provide a forum for decision making in development of specific projects to meet local solid waste management needs. D. Identify goals, policies and procedures that will aid Kodiak in addressing solid waste reduction and recycling including local source reduction. E. Sponsor public outreach activities, services and programs and participate in and encourage regional cooperative activities. F. Make recommendations about the necessity for and structure of a permanent recycling and waste reduction committee. (Ord. FY2007 -15 §2 (part), 2007). 2.53.050 Administrative assistance. The manager or designee, shall: A. Furnish the board with copies of all requested documents and other information necessary or reasonably related to board functions; B. Provide the board with such supplies, meeting space, and secretarial assistance as the manager deems reasonably required; C. Refer to the board, for their discussion, all non - emergency matters within the scope of its powers and duties prior to presenting those matters to the assembly for action; and D. Transmit all recommendations and other communications from the board to the assembly. (Ord. FY2007 -15A §2 (part), 2007; Ord. FY2007 -15 §2 (part), 2007). 2 -59 (KIB 06/07) Supp. #49 CALL TO ORDER CHAIR DOLPH, called the meeting to order at 7:32 p.m. ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES ACKNOWLEDGEMENT OF FINANCIAL REPORT VISITOR COMMENTS FIRE PROTECTION AREA NO. 1 BOARD REGULAR MEETING April 15, 2008 @ 7:30 p.m. BAYSIDE FIRE HALL 1 Members present were M. Dolph, J. Pickett and G. Spalinger. Excused Members were C. Davidson and R. Nelson. A quorum was established. Also present were Chief Himes and M. Barber, E/F Department. Visitors present were R. Carstens, M. Corriere, K. Papeneau, A. DeVries and S. Arndt. It was Moved, G. Spalinger and seconded to approve the Agenda. There was a unanimous affirmative voice vote. It was Moved, G. Spalinger and seconded to approve the Minutes from the Regular Meeting /Public Hearing of March 18, 2008. There was a unanimous affirmative voice vote. It was Moved, G. Spalinger and seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. A.DeVries stated he wanted to remind the Board that they bought the squad ahead of schedule by one or two years and the money for the 5 Bay Addition was set aside, but because of the decision of the Board to go ahead with the purchase of the fuel efficient ethanol engine in 2006 the money was tapped into. He said it was real important if they do the addition it be done right and he strongly supports 5 Bays to house all the rigs, in order to keep them out of the weather. R. Carstens stated he agreed with A. DeVries. He said it's one of those situations that you don't get a project like this going very often and if it isn't done right the first time it's difficult to get them completed and the costs are so much higher by the time you come back around for approval. He hopes the Board will vote to get the maximum amount of space that they need now and for what we can foresee in the reasonable future. STAFF REPORTS a. Chief's Report Chief Himes: stated he's completed two grants. The FEMA Interoperable Communications Upgrade Grant got in at the last minute (had problems getting all the signatures). This was put in to upgrade all the radios and to put in a new receiver for Womens Bay to improve the reception out there. Also a grant was put in for Turn Outs, ran into a snag with it. The plan was to put in a regional grant but when the numbers were being entered, the system wouldn't allow it. He went back and the guidelines didn't allow five turn outs on regional grants, so they had to go back and enter by departments, which was done and the grant got in. b. Chair's Report Chair Dolph handed out the Fire Protection Area #1's Financial Profile to the audience, which was in the meeting packet. He said the only item for discussion this evening is the Architectural options that are recommended by Jensen Yorba & Lott. He stated that after his report he will get Tony Yorba on the telephone and speak via teleconference. T. Yorba's computer will be linked to Bayside's so when he presents the different options for the addition the Board and visitors will be able to see the drawings on the projector screen. T. Yorba will go through the different options and be answering any questions that the Board or the visitors may have. Chair Dolph said that he and Chief Himes went to the KIB and went over the numbers for this project with Finance. He stated he had been trying to get with K. Short the KIB Finance Director, but K. Short had been out of the office and wouldn't be back until after their meeting. Chair Dolph explained the Borough Financial Records for the Bayside Addition Project #174 to date. He stated the starting balance was $426,800 less expenses to date of $24,352 plus $5,053 encumbered funds for Jensen Yorba & Lott brings the balance to $397,396. Figure in future expenses of $6K for TNN storage and $7,860 for Cossette house removal you end up with $383,535. Add the $22K in the Bayside Underground Electricity #00102 it brings the total projects budget balance to $405,536. Then with the fund balance at the end of FY2007 of $526,374 it brings the total available funds for the project to $931,909. G. Spalinger said he thought the TNN storage would come out of the operating budget instead of the projects fund. Chief Himes said the Board directed him to use the project account. Chair Dolph told the Board he hopes to sit down with K. Short with the KIB Finance Dept. to try and figure out how the Board can make up the additional monies. ITEMS OF DISCUSSION 2 a. Construction Concept options for new addition; Teleconference with T. Yorba - Jensen Yorba Lott, Inc. (Possible Action Item) Chair Dolph briefly went over the five options along with the cost breakdown that T. Yorba was going to present to the Board via teleconference. T. Yorba stated he appreciated the Board allowing him to do the presentation telephonically. He presented the five different options for the Five Bay Addition to the Board. Discussion followed re: Should building have a sprinkler system and if so what would the cost be, is building going to be earthquake resistant, is wood frame building more economical. Chair Dolph thanked T. Yorba for his time & presentation and told him that the Board would discuss their options, with the financial profile and get back with him. T. Yorba told the Board he appreciated the opportunity of being able to talk with them. He also wanted to let the Board know that the cost estimator is showing the price of steel going up again. Chair Dolph thanked T. Yorba again and said the Board will continue to move on this as rapidly as they can and continue to keep him informed of their progress. Chair Dolph told the Board to add to Option 1, an item that isn't figured into the estimate is the Architectural cost which would be an additional estimate of 7 %, along with an additional KIB Projects cost of roughly 20 %. Discussion followed concerning the different options for the addition. What items should or shouldn't be cut in order to save cost. The funds will be coming from what source. Need to control spending in order to pay for the addition. It was Moved, G. Spalinger and seconded to direct the firm Jensen Yorba Lott, Inc. to proceed with the 5 Bay Addition Option #1. The Motion carried by a unanimous roll call vote. VISITOR COMMENTS A.DeVries said that it's time to push forward and if there's any help needed the Board shouldn't hesitate to ask for help by the volunteers. M. Corriere asked the Board if it's realistic to have it up this season. BOARD COMMENTS 3 J. Pickett said that there's a lot to take in and looks forward to the project getting under way and getting done. They have a long road ahead of them. He thanked all the visitors and said he appreciated their comments. G. Spalinger said it was about a year and a half ago that the Board asked to piggy back onto another project that Jensen Yorba and Lott were doing and was told that it couldn't be done. He said then the Borough needed a small project done and piggy backed onto another one. He told the Board to think about that when it comes time to vote. Chair Dolph said he echoes what the citizens had to say. The Board will exercise whatever it takes to get it done. He thanked the citizens for coming out and participating in the meeting. He reminded the Board that the next work session is scheduled for Tuesday, May 6 unless anything comes up with Jensen Yorba and Lott, then there may be a special meeting called. Meeting adjourned at 9:50pm SUBMITTED BY: Mary J. Bar -r, ecretary KIB Engin g Facilities Depailment APPROVED BY: Mike Dolph, Chair Fire Protection Area No. 1 Board 4 Date: -t b Date: 6 , ? — f' APPROVAL OF AGENDA REPORTS FIRE PROTECTION AREA NO. 1 BOARD REGULAR MEETING May 20, 2008 @ 7:30 p.m. BAYSIDE FIRE HALL CALL TO ORDER CHAIR DOLPH, called the meeting to order at 7:33 p.m. ROLL CALL Members present were C. Davidson, M. Dolph, R. Nelson, J. Pickett and G. Spalinger. A quorum was established. Also present were Chief Himes and M. Barber, E/F Department. Visitors present were D. Mathers, F. Roberts, S. Arndt and M. Corriere. It was Moved, G. Spalinger and seconded to approve the amended Agenda. There was a unanimous affirmative voice vote. Chair Dolph told the Board that the lease agreement was scheduled for the Assembly agenda for the regular work session on May 29 and then the regular meeting on June 5th He also told the Board that he spoke to the Manager about a low interest loan. He then explained the written Chair report that gave the background on the Action Item for that night's meeting. ACKNOWLEDGEMENT OF FINANCIAL REPORT It was Moved, G. Spalinger and seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. VISITOR COMMENTS None. BUSINESS ITEM a. Consideration of items concerning the construction project — Bayside Addition. It was Moved, G. Spalinger and seconded to approve the contract change order for Jensen Yorba and Lott in the amount of $130,929. Discussion followed re: timeline, price lock -in, steel prices, etc. 1 Motion carried with a roll call vote. VISITOR COMMENTS None. BOARD COMMENTS R. Nelson none. C. Davidson none. J. Pickett said he was pleased to see all the visitors in the audience. G. Spalinger said he urged the Board to start looking at all expenditures over $300 or $500. He said the Board needs to watch every dime that is spent and try to save every dime. Chair Dolph none. MEETING SCHEDULE Chair Dolph reminded the Board the next Work Session is scheduled for June 3 and the Regular Meeting is scheduled for June 17 ADJOURNMENT Meeting adjourned at 8:OOpm. SUBMITTED BY: Mary J. Bar KIB Engine n APPROVED BY: ecretary acilities Department Mike Dolph, Chair Fire Protection Area No. 1 Board 2 Date: Date: -/T D5 0 Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: 1 Please print your name Q36G 1{4(..so Kodiak Island Borough Assembly Regular Meeting Guidelines August 7, 2008, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Assembly members Friend and Jeffrey will be absent and asked to be excused due to personal leave. Recommended motion: Move to excuse Assembly members Friend and Jeffrey who are absent due to personal leave. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES A. * Regular Meeting minutes for June 19, 2008 and July 17, 2008. Special Meeting minutes of June 26, 2008. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter — Finance Director Karl Short will present this award to Tracy Mitchell. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS A. Alaska Aerospace Development Corporation Update — Dale Nash, CEO. Kodiak Island Borough Assembly Guidelines August 7, 2008 Page 1 9. PUBLIC HEARING A. Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. Recommended motion: Move to adopt Ordinance No. FY2009 -01A. Staff report — Finance Director Karl Short. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District. (P &Z Case 08 -023.) Recommended motion: Move to adopt Ordinance No. FY2009 -03. Staff report — Finance Director Karl Short. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. Recommended motion: Move to adopt Ordinance No. FY2009 -04. Staff report — Finance Director Karl Short. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Kodiak Island Borough Assembly Guidelines August 7, 2008 Page 2 Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT aA44 ' � ��"i cr �,, , � 6( �s o- 12. UNFINISHED BUSINESS , A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. 11. MESSAGES FROM THE BOROUGH MAYOR This was postponed after a public hearing was held at the June 19 regular meeting. The motion before the Assembly is to adopt Ordinance No. FY2008 -21. Staff report — Finance Director Karl Short Recommended motion: Move to postpone Ordinance No. FY2008 -21 to the regular meeting of September 4, 2008. Assembly discussion on the amendments. ROLL CALL VOTE ON MOTION TO POSTPONE. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2009 -02 A/E Contract With ECI /Hyer, Inc. for Architectural Programming for Near Island Research and Administrative Facility. Recommended motion: Move to authorize the manager to execute Contract No. FY2009 -02 with ECI /Hyer, Inc. of Anchorage, Alaska, for architectural programming and concept design services for the Near Island Research and Administrative Facility in the amount not to exceed $89,700. Staff report — Finance Director Karl Short. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2009 -03 Recycle Services With Threshold Services, Inc. Recommended motion: Move to authorize the manager to execute Contract No. FY2009 -03 with Threshold Services, Inc. of Kodiak, AK for the unit price of $9,000 for the first 30,000 pounds and $.15 per pound for recyclable material over 30,000 pounds for the period of July 1, 2008 to December 31, 2008. Staff report — Finance Director Karl Short. Kodiak Island Borough Assembly Guidelines August 7, 2008 Page 3 eVeg\91 Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions — None. C. Ordinances for Introduction 1. Ordinance No. FY2009 -05 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government. Recommended motion: Move to adopt Ordinance No. FY2009 -05 in first reading to advance to public hearing on August 21, 2008. Staff report — Finance Director Karl Short. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2009 -01 B Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. Recommended motion: Move to adopt Ordinance No. FY2009 -01 B in first reading to advance to public hearing on August 21, 2008. Staff report — Finance Director Karl Short. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. Assembly Review of Case 08 -002 Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business and Directing Staff to Prepare an Ordinance for Introduction. Recommended motion: Move to direct staff to prepare an ordinance for introduction relating to Case 08 -002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business. Staff report — Finance Director Karl Short. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 7, 2008 Page 4 2. Mayoral Appointment(s) to the Solid Waste Advisory Board. Recommended motion: Move to confirm the mayoral appointment of Cindy Harrington to the Vacant Solid Waste Advisory Board Seat, term to expire December 31, 2010. Staff report — Clerk Javier. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Recommended motion: Move to confirm the mayoral appointment of Lauri Murdock to the Vacant Retail Business Representative Solid Waste Advisory Board Seat, term to expire December 31, 2009. Staff report — Clerk Javier. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Assembly will hold a work session and a special meeting on Thursday, August 14, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, August 21, 2008 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 7, 2008 Page 5 O W m N c) ON not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assemb Mr. Abell Ms. Branson Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes ERIFY: DOES ANYONE WISH TO CHANGE THEII TOTAL: Mayor Selby 44. 0 C z c 0 V m N ON O S3A �� 91 now AN Ms. Branson Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby p' ON S3A Mr. Abell Ms. Branson Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby J G z O C.) M CI) ON S3A l � , w m co Mr. Abell Ms. Branson Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby 0 z 0 W m co ON \ S3A \\\\ Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes VERIFY: DOE TOTAL: Mayor Selby 1- W 0 W 2 J J V J J cc J CO 2 0 W N 2 cc 0 z J co 0 0 cc 0 '0 N '&1 o LL N 0 a 0 a) 0 0 o Z O V m n ,c'.. � � I ON 0 ,xcept in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. 63A _t Mr. Abell Ms. Branson Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby c) c, ig- o O >- w m Cl) s-.C. so ON D S3A '> Mr. Abell Ms. Branson Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby & ‘6 (>- o 5: W w (f) C--- t - 1 ON !, S3A Mr. Abell Ms. Branson Ms. Jeffrey Ms. Lynch TIeMSO 'JIN Ms. Stutes IEIR VOTE? VI :1V101 Mayor Selby \-- 0 m � 0 ON 0 S3A Mr. Abell Ms. Branson Ms. Jeffrey d4 , Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL: Mayor Selby Z o W m N y k ON S3A Mr. Abell Ms. Branson • Ms. Jeffrey Ms. Lynch I }leMSO 'JW Ms. Stutes TOTAL: Mayor Selby '0 0 f0 a) c 0 U ' 0 W m in ON 1 1■ - S3A AI IIIN TOTAL: e tie vote of the c Mayor Selby Mr. Abell Ms. Branson Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes ERIFY: DOES ANYONE WISH TO CHANGE THEII QQ o 5: W "� m u) ON ft° S3A MEE TOTAL: resent and there i Mayor Selby Mr. Abell Ms. Branson Ms. Jeffrey Ms. Lynch * lleMSO 'aW Ms. Stutes Z -A, 0 m W m ON 1 S3A TOTAL: members of the as Mayor Selby Mr. Abell Ms. Branson • Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes t c 0 0 Z W m . ON • S3A 101111> Ac laS JoAew TOTAL: pt in the case wh Mr. Abell Ms. Branso* II Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes \Q-2, - 2 s - Z o q cb O 5: W m N ON S3A NEE VERIFY: DOES AN TOTAL: The mayor may Mayor Selby Mr. Abell a Ms. Branson . Ms. Jeffrey Ms. Lynch llems° 'JW Ms. Stutes cOc, 'U a) 0 c z Q ce U 1— Q I a) w L D < J 0 J J O et 2 w N N 2 O O G z Q J co G O TES 0 a) CI 0) C 0 S3A 6 z 0 >- w m cn Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Hems() 'JW Mayor Selby 0 z 0 0 5: w m v) ON S3A :pt in the case where only six members of the assembly are present and there is a thre Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt G z 0 >- w m cn ON S3A Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch ll ems 0 'JW Ms. Stutes 1EIR VOTE? VI TOTAL: Mayor Selby 6 z 0 0 >- w m co ON IS3A Mr. Abell 1 Ms. Branson 1 1 pueud •JW Ms. Jeffrey Ms. Lynch lleMSO 'JIN Mayor Selby c 2- o z O w m (1) I ON J S3A 1 1 Mr. Abell 1 Ms. Branson I 1 Ms. Jeffrey 1 Ms. Lynch 1 lleMSO .44 I 1 Mayor Selby 1— Q I a) w L D < J 0 J J O et 2 w N N 2 O O G z Q J co G O TES 0 a) CI 0) C 0