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2011-03-17 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 17, 2011, 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 MINUTES - None. 6. AWARDS AND PRESENTATIONS A. Kodiak Beautification Awards B. Student of the Month for February 2011 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2011 -12 Amending Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2011 -25 Kodiak Middle School Gym Roof Seismic Upgrades. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 1 of 2 B. Resolutions 1. *Resolution No. FY2011 -23 Supporting the 2011 Legislative Priorities of the Alaska Commission on Aging. C. Ordinances for Introduction 1. Ordinance No. FY2011 -13 Rezoning a Portion of Tract B -1A, U.S. Survey 4947 (Near Island) From C- Conservation To PL- Public Use Zone. D. Other Items 1. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Application for The Rendezvous, Lic. #2639 (Beverage Dispensary) (Applicant: Toni Munsey and Val Flinders). 2. Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC). 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. Parks and Recreation Committee Regular Meeting of February 8, 2011. 2. Planning and Zoning Commission Regular Meeting of January 19, 2011. 3. Service Area No. 1 Board Regular Meeting of January 11, 2011. B. Reports 1. Kodiak Island Borough November 2010 Financial Report. 2. Kodiak Island Borough School District Board of Education Regular Meeting Summary of February 21, 2011. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 2 of 2 2011 eautjfieatiorl A‘ wards �r ; ' ',tee,. b 4. * ' ` ' '4' :': Beautification Award for a x 4 T Lk3 '''"1,51. r z '°"; ,', 1; t i - S: •F ` ' ' w •" rj: Bus Fir Terrace Apartments - �� +e $ Completely renovated one and two bedroom apartments. a s ® ' �J ) 2610 Mill Bay Road a 6 I I t, t rit i 1 : 1--r- 5 .,; G a, * ,.:11_ i .C7 4 ! . .: „ C A r. n N . L i _ �� —_^ -- ,.__. ' J'14:e�-e « i .e' -- its _ .IC'd Beautification Award for a Residence: 11 inii - , 1 __.„ .. Robin and Jessica Gardner i, . . ! '': ,;4. 4 , " ! J - �� t s i i tMigul - ,, Showcase of beautiful flowers every r spring and summer. + II 1flhJ1f 314 Birch Street 1.� il I w - lll-,i E6:;6° I`J sCpl KODIAK BEAUTIFICATION AWARD NOMINATION F,OR,M JAN 2 $ 2011 , Submitter's information: ( rrIQ, R Name: ' "f J I------- - - - - -. Mailing Address: (` 10 (6 2 • +11 I Is la e Home phone: ` () (C 1 b 7C� Cell � phone: Email address: p V r $12 , r 1 S G � 7 T room - co r✓) Kodiak Beautification Award nomination information below: Owners (if known): Fir T - Physical Address: 2)(0I 0 � AA I ( 1 sZL1 RGI ti9 Li Phone Number: (O I) Other contact #: (Owner will be contacted only if selected for an award.) Provide reasons for nomination below. You may describe the improvements made on the overall appearance, neatness of the property, maintenance, exceptional design, and other characteristics which will exemplify pride of property. You may attach pictures, reports and /or documents that are relevant to your nomination. i R Co Mb Ie)c inns ve0m14 Lc r-t,rnc4e/e t 1e.ir r . L.Pn_d (2. N C or l fOk 3 l'.J r (2f) n/)./ Ye.* --than i kaii) S !bYt . -. irk - f - tua Corri lexC ion nine an() C,jej r Nomination period Is February of the previous year to January of the following year. Nomination forms must be turned in by February 1 at the Office of the Borough Clerk 710 Mill Bay Road, Room 101, Kodiak, AK 99615 Phone: (907) 486 -9310 i i` i JAN 28 2011 I " KODIAK BEAUTIFICATION AWARD NOMINATION FORM - Submitter's information: Name: n �Yp v /�/� / Mailing Address: pa ego? Koch 2, 4X `Z / {4 n 5 Home phone: 9407" i/ ?& / ere 5 $9 Cell phone: <�7' ��! -1O v Email address: /Drf 5/A nat_t' //.� . i Kodiak Beautification Award nomination information below: Owners (if known): ?obin a-R.d. JeSSI a &arzL't2.r Physical Address: .? )4 Third, S-1-• Phone Number: ` W (o - Oq I S Other contact #: (Owner will be contacted only if selected for an award.) Provide reasons for nomination below. You may describe the improvements made on the overall appearance, neatness of the property, maintenance, exceptional design, and other characteristics which will exemplify pride of property. You may attach pictures, reports and /or documents that are relevant to your nomination. ]11I heau±l -fc/J ale, tinrne is Ioc,o L m ,A Wild r. lion s area. 7h0. 97Jrdners - hAnn -fAjc IL' . . I c Sh.. i - t sin ke 1 0 sWwv -r u, L`l ar\ array o-( bo��,�.h . it Roars rs nd; o4 o0 (a 0 I rr i •! I 6C u_ 3 /DI' / t It t (/I,b IthUSGI&t `fb Set 1/44otor(Sfs s(bwtr dhWn or even sittop t) admit& if h ilup a, j eu ( b ( n .0) 1loorn Nomination period is February of the previous year to January of the following year. Nomination forms must be turned in by February 1 at the Office of the Borough Clerk 710 Mill Bay Road, Room 101, Kodiak, AK 99615 Phone: (907) 486 -9310 • :e • - • , :-.•-t'k -- - 4 . -.. ) . t.,. .... , i• l e - - - -Vt.*, - ‘ .„.. „ 4 „ .a,•n. --,.. •-.:-=-- ':---;•:' -- -, . ' ,.,. ' - ,..---_,-- - ...- - . ''‘. .,! • ....•dri •-,, -.'..- 'i; c :• . - 1 7‘' , 0 .- . • ' .,,$),,?'",,..:.....A. ..---.1%,-,4'.4;-',:-.4.--:',:.-:.---€1', e.",' ". 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C "W _r,44 ,, _ _ 4 ' . ' " ta\ ',,Y7; c :;;;;;;; - .. --,. - . - . .2...._., 4 . ,.$: L.Pd%- a 4....A.-7.5,2::,..: .=:.. ,-fitiN - . i . el - k. ‘ , . - .14 , c1:,; 3 9 - .. , , ?..: -...4.- r - .2- — .1. " - -"- — I . :,- 1 . R.F Sq+f("ak " • • r ""is, , ,,i, ".,? )4, ..- , - • • r .- :, - .9- 4 -,,,,toltilk ' • - t rit. o . .• , , , , _ ti - __, __ .; _ .1.: .7. Let ' icitr:-. . • .. I . a -. - KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 17, 2011 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2011 -12 Amending Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board Of Equalization SUMMARY: KIBC Section 3.35.050 has not been updated since 1978 except for a minor revision in 1998 which dealt with member appointments. It is in the best interests of the Kodiak Island Borough to amend this section to provide clear and better guidance for appellants regarding the BOE appeals. The proposed changes also set better standards and establishes better process for the Board of Equalization hearings. The proposed changes were derived from current practices being used by other municipalities in the State. The Board of Equalization convened on Tuesday, February 15 and reviewed and revised the initial draft prepared by Staff. The ordinance was approved by the board and was reviewed by the Borough Attorney for legal compliance. Staff and BOE request the Assembly to move forward by approving the proposed code changes. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA, RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -12. Introduced by: Borough Assembly Requested by: Board of Equalization Drafted by: Borough Clerk and Assessor Introduced: 03/03/2011 Public Hearing: 03/17/2011 Adopted: 1 2 KODIAK ISLAND BOROUGH 3 ORDINANCE NO. FY2011 -12 4 5 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 6 AMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 3.35 REAL PROPERTY TAX 7 SECTION 3.35.050 BOARD OF EQUALIZATION 8 9 WHEREAS, KIBC Section 3.35.050 has not been updated since 1978 except for a minor 10 revision in 1998 which dealt with member appointments; and 11 12 WHEREAS, it is in the best interests of the Kodiak Island Borough to amend this section 13 to provide clear and better guidance for appellants regarding the BOE appeals; and 14 15 WHEREAS, the proposed changes also set better standards and establishes better 16 process for the Board of Equalization hearings. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 19 BOROUGH THAT: 20 21 Section 1: This ordinance is of a general and permanent nature and shall become a part 22 of the Kodiak Island Borough Code of Ordinances; 23 24 Section 2: Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance 25 Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization is hereby amended 26 as follows: 27 28 3.35.050 Board of equalization. 29 A. Membership, Qualification, Duties, Terms. 30 1. Members. The board of equalization shall be composed of five persons, not assembly 31 members, appointed by the assembly. At least one alternate member shall be 32 appointed. 33 = 34 mombors shall bo namod by tho assombly, as tho nood aricos, to corvo as board 35 ° = 36 37 38 Kodiak Island Borough Ordinance No. FY2011 -12 Page 1 of 7 39 2. Qualifications. Members and alternate members should be appointed on the basis of 40 their expertise in real and personal property appraisal, the real estate market, the 41 personal property market, and other fields related to their functions as board members. 42 Each member shall be a qualified voter of the borough and shall remain a resident 43 of the borough while in office. 44 3. Duties. The board may determine equalizations on properties brought before the 45 board by appellants. It shall only hear appeals for relief from an alleged error in 46 valuation on properties before the board by an appellant. 47 4. Terms of Office. Upon confirmation, members and alternate members shall serve for 48 three years or until their successors are appointed and confirmed. Of the members 49 initially appointed, two shall serve three -year terms, two shall serve two -year terms, and 50 one shall serve a one -year term. 51 5. Hearing Dates. The board shall commence hearings on the first Monday in May, 52 unless otherwise changed by resolution. Hearings will continue from day to day 53 as established by the board and the borough clerk until all property filed appeals 54 have been heard. 55 56 B. Chairperson. The board annually shall elect a member to serve as its chairperson. The 57 chairperson may call meetings of the board, shall exercise such control over meetings as to 58 ensure the fair and orderly resolution of appeals, shall make rulings on the admissibility of 59 evidence, and shall conduct the proceedings of the board in conformity with this chapter. A 60 vice - chairperson shall also be selected to serve in the chairperson's absence. If both 61 are absent, the members present shall select a person to preside. 62 63 C. Appeals to the Board. 64 1. A person whose name appears on the assessment roll, or the 65 authorized representative of that person, may appeal to the board for relief for an 66 alleged error in valuation not adjusted by the assessor to the taxpayer's satisfaction. The 67 authorized representative shall be named by the property owner in writing to the 68 assessor and board of equalization at the time of filing or no later than three days 69 in advance of hearing. The time requirement for providing a representative in 70 writing may be waived at the determination of the board during the hearing, if 71 good cause is shown that may include, but not limited to, the following: stranded 72 from Kodiak due to inclement weather, serious medical condition, serious family 73 emergency, or death in the family, 74 2. _ 75 - • • - • - - •- - - - - - -- - -- - - -- - • 76 = 77 chall bo mado. 78 79 80 81 Kodiak Island Borough Ordinance No. FY2011 -12 Page 2 of 7 82 The appellant shall, within 30 calendar days after the date of mailing of notice of 83 assessment, submit to the assessor a written appeal specifying grounds for such 84 appeal. The board shall prescribe the form in which written notices of appeal shall 85 be made. Otherwise, the right of appeal ceases unless the board of equalization 86 finds that the taxpayer was unable to comply within the 30 day appeal period and 87 grants a hearing to the appellant. 88 3. The assessor shall notify the appellant by mail, and email if provided, of the time 89 and place for the hearing and assign a docket number of appeal. 90 4. Parties to whom notice was mailed as provided herein fail to appear, the board may 91 proceed with the hearing in their absence. All parties, their authorized 92 representatives, and witnesses must appear in person at the hearing. 93 5. The Assessor shall prepare for use by the board of equalization a summary of 94 assessment data relating to each assessment that is appealed. This summary 95 shall be provided to the board and made available to the appellant at least ten 96 calendar days before the hearing. Summary of assessment data for late -filed 97 appeals granted by the board will be provided as soon as practicable. 98 6. A city in the borough may appeal an assessment to the borough board of 99 equalization the same manner as a taxpayer. Within five days after receipt of the 100 appeal, the assessor shall notify the person whose property assessment is being 101 appealed by the city. 102 7. A property owner who seeks to appeal the assessor's valuation, after the 30 day 103 filing period has closed, shall file a letter with the assessor stating the reasons 104 why the property owner was unable to comply with the 30 day appeal period. The 105 deadline to file a late -file request is on April 15 of the current assessment year. 106 Should April 15 fall on a Saturday or Sunday, late filers shall have until 4:30 p.m. 107 on the first Monday following to file their request. 108 On the next business day following the deadline to file a late -file request or as 109 soon as is practicable, the board shall consider each letter and shall only consider 110 reasons the appellant was unable to comply with the 30 day appeal period. It shall 111 not consider evidence regarding property valuation. The appellant may not make 112 an oral presentation at the hearing. The determination shall be based on the letter 113 and supporting documents. The board shall interpret the term "unable to comply" 114 as meaning that a property owner must demonstrate compelling reasons or 115 circumstances which would prevent a reasonable person under the 116 circumstances from filing an appeal in a timely manner during the 30 day appeal 117 period. 118 If the late -file request is granted, the property owner shall have five calendar days 119 from the decision of the board to file an appeal and submit to the assessor's office 120 all documentary evidence in their possession which they wish to be considered 121 and which is relevant to the resolution of the appeal. If the late -file request is 122 denied, the assessor shall notify the property owner of the board's decision in 123 writing. 124 125 Kodiak Island Borough Ordinance No. FY2011 -12 Page 3 of 7 126 D. Quorum and Voting. 127 1. Quorum. A quorum shall consist of four members. 128 2. Voting. The granting of any appeal or part thereof shall require the concurring vote of 129 at least three board members. Any appeal or part thereof which is not granted by the 130 board shall be considered denied. 131 132 E. Hearings, Procedures. 133 1. Record. The clerk is the ex officio clerk of the board and shall prepare the board's 134 minutes. Tho clork chall rocord in tho minutes of oach mooting all procoodings boforo 135 tho board, tho namos of porcons protosting ascoscmonts, and all changos, rovisions, 136 -- -- 'es-, -•* - -- - •_ _ _ -.••- _ _. _. •_ • .. The clerk shall keep 137 electronic recordings of the board's hearings per the borough retention schedule. 138 The board of equalization summary certification will constitute the board's 139 minutes. 140 2. Counsel. All parties may be represented by counsel during hearings before the board. 141 On procedural matters, the borough attorney may offer legal counsel to the board in 142 the course of its proceedings. Upon the recommendation of the borough attorney, 143 the board may retain legal counsel from another attorney for a particular matter. 144 3. Appeal Number. Every appeal shall be assigned a docket number which, along with 145 the name of the appellant, shall be read into the record before the hearings on the 146 appeal may commence. 147 4. Burden of Proof. The burden of proof rests with the appellant who must convince the 148 board by clear and convincing evidence that the assessment was unequal, excessive, GC 149 improper, or undervalued based on the facts stated in a written appeal or proven at 150 the appeal hearing in accordance with subsections E5 and E7 of this section. If 151 the valuation is found to be too low, the board may raise the assessment. The 152 borough shall make available to the appellant all reasonably pertinent documents 153 requested for presentation of the appeal, including but not limited to, documents 154 presented or requested by the board of equalization for presentation of the appeal 155 in accordance with KIBC 3.35.050 C5. 156 5. Rules of Evidence. Evidence shall only be presented by the appellant and the 157 assessor or their authorized representative. The board shall not be restricted by the 158 formal rules of evidence; however, the chairperson may exclude evidence irrelevant to 159 the issues appealed. Hearsay evidence may be considered provided there are adequate 160 guarantees of its trustworthiness and that it is more probative on the point for which it is 161 offered than any other evidence which the proponent can procure by reasonable efforts. 162 The appellant must submit to the assessor's office by April 15 all documentary 163 evidence in their possession which they wish to be considered and which is 164 relevant to the resolution of the appeal. Should April 15 fall on a Saturday or 165 Sunday, appellants shall have until 4:30 p.m. on the first Monday following to 166 submit their evidence. Kodiak Island Borough Ordinance No. FY2011 -12 Page 4 of 7 167 This evidence includes but is not limited to purchase and closing documents, 168 appraisal reports, brokers opinion of value, engineers' reports, estimates to repair, 169 rent rolls, leases, and income and expense information. The board of equalization 170 may in its discretion decline to accept documents offered at the hearing which 171 should have been provided by April 15. In exercising this discretion, the board 172 shall consider the relevance and probative value of the documents which are 173 under consideration accepting those documents which in all fairness are 174 necessary to a fair resolution of the appeal. Prior to the board meeting, the 175 appellant and assessor may agree to an extension of time for the production of 176 evidence. 177 6. Order of Presentation. • -tee - • - • - e :. _ • . •• - • • • e: 178 e • - e - et e - • • = 179 ... 180 181 = = 182 183 The order of presentation is as follows: 184 a. The appellant shall present evidence and argument not to exceed five 185 minutes. 186 b. Following the appellant, the assessor shall present the borough's evidence 187 and argument not to exceed five minutes. 188 c. The appellant may make a rebuttal presentation directed solely to the 189 issues raised by the assessor not to exceed two minutes. 190 d. The assessor may address the rebuttal by the appellant not to exceed two 191 minutes. 192 Each party shall be allowed a total of five minutes to present evidence and make 193 oral argument. The time limits allotted include presentations from either the 194 appellants or assessor's authorized representatives, counsels, or witnesses. 195 Additional time may be permitted by the board depending on the complexity of the 196 case. The members of the board may ask questions, through the chairperson, of 197 either the appellant or the assessor, authorized representatives, counsels, or 198 witnesses at any time during the hearing. After both the appellant and the 199 assessor have made their presentations, each may question the other through the 200 chairperson. The chairperson may end the questioning and call for a motion from 201 the other members. 202 7. Witnesses, exhibits and other evidence. The appellant and the borough assessor 203 may offer the oral testimony of witnesses and documentary evidence during the 204 hearing; providod, howovor, whoro oithor tho appollant or tho assoscor cooks to 205 introduco an affidavit in liou of oral toctimony, such affidavit chall bo submittod to tho 206 .... _ _ 207 •e- -•-e• .• a ec•.e - -e o • .e a e-e. :5 a .. 208 . At the request of the appellant, evidence submitted 209 pursuant to subsection E5 of this section relating to the assessed valuation of 210 property used in an income - producing commercial enterprise shall be Kodiak Island Borough Ordinance No. FY2011 -12 Page 5 of 7 211 confidential. The assessor and the appellant may stipulate to facts to be 212 presented to the board, provided the assessor has received credible and reliable 213 evidence to establish the facts. 214 The only exhibits that shall be admitted into the record at the hearing are those 215 exhibits provided pursuant to subsection E5 of this section. However, at the 216 hearing, parties may use demonstrative or illustrative exhibits, provided that all 217 such exhibits are duplicates of exhibits or information provided to the board 218 pursuant to subsection E5 of this section. Additionally, witnesses may write on a 219 board while orally testifying to illustrate their testimony. The limitation on the use 220 of exhibits in this section shall not preclude the parties from presenting oral 221 testimony at the hearing. 222 8. Decisions. 223 a. The assessor may recommend changes to the existing value during the 224 hearing. 225 b. After the appellant and assessor have presented their cases, the hearing 226 shall be closed by the chairperson, and no further evidence shall be offered 227 or considered in deliberations unless a member of the board of 228 equalization asks for additional information from either party. Both parties 229 shall be given an equal opportunity to respond to any such requests for 230 additional information. 231 c. The board may decide the appeal after the presentations, or it may defer a 232 decision no later than 30 days after the hearing date. Final board action 233 shall be taken by motions that set out specific findings of fact at the 234 meeting and shall not be reconsidered, amended, or rescinded by the 235 board. Only one motion may be on the floor at a time, and the board shall 236 vote on the motions until its findings are established. The vote must be 237 taken and entered in the permanent record of the proceedings. The 238 motions available for the board are: 239 I. Motion to uphold the assessor's valuation 240 II. Motion to reduce the assessment 241 III. Motion to increase the assessment 242 IV. Motion to dismiss the appeal 243 V. Motion to defer the decision 244 VI. Or any other motion set out in Alaska Statutes and regulations 245 governing board of equalization appeals. 246 d. No later than 30 days following the hearing, the board shall render a written 247 decision which includes findings of fact based on evidence presented at 248 the hearing clearly stating the grounds upon which the panel relied to 249 reach its decision and advising all parties of their right to appeal the 250 decision to superior court. 251 9. Certification. The board shall certify its actions to the assessor within seven days 252 following its adjournment. 253 254 Kodiak Island Borough Ordinance No. FY2011 -12 Page 6 of 7 255 256 F. Further Appeals. Any appeal of a decision of the board shall be made to the superior 257 court. No appeal of a board's decision to the superior court may be taken unless the action 258 is filed and the borough attorney is served with notice of such appeal within 30 days 259 following the board's decision. 260 261 Section 3: This ordinance shall become effective upon adoption. 262 263 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 264 THIS DAY OF 2011 265 266 KODIAK ISLAND BOROUGH 267 268 269 270 Jerome M. Selby, Borough Mayor 271 272 ATTEST: 273 274 275 276 Nova M. Javier, MMC, Borough Clerk 277 Kodiak Island Borough Ordinance No. FY2011 -12 Page 7 of 7 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 17, 2011 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Kodiak Middle School Gym Roof Seismic Upgrades Project. SUMMARY: Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for the Kodiak Middle School Gym Roof Seismic Upgrades Project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The Construction Documents, Bid Documents and associated Addenda are available for review. Bids were received in response to the Borough's invitation to bid dated January 3, 2011. Alutiiq International Solutions, LLC. was the lowest bidder for the project. Bid tabulation is attached. FISCAL NOTES: Account No.: Amount Budgeted: 462,000.00 Expenditure Required: 334,158.00 APPROVAL FOR AGENDA y� cJ RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2011 -25 with Alutiiq International Solutions, LLC. of Anchorage, Alaska for the Kodiak Middle School Gym Roof Seismic Upgrades Project in an amount not to exceed $334,158. Form Ver. 06/30/2009 Bid Tabulation KMS Gym Roof Seismic Upgrades Bid Opening: 2/10/11 3:00 pm , u:1 n , BASE BID < + - + Mod'1 basesbid. � { � Y•.,K . 7,...., + x T ot al sew. ".'.: No ss (' t + M (Base ods)t� ti CONTRACTOR : 4 _ ` , . , h r,r, F e 1 4 .. i . 9 YS : F E .. [ a k #e2 n ,. >..£ ,: Estimate. h et 'k+ 4i {`4 sw, ,k:.� of ,4,`, fi t; , • I $ 260,900 I;$ 260,9001 1.` Alutiiq $ ;'400,000 $_. "(65,842) $ ° 334,158' 2 ( Eklutna $;. 322,552 $: - 25,017 _$ 347,569' Brechan, $;^ .367,886 a $ .367 ;886', 4 ! Wolverine. $ °i 500,000 $x " (121,000) $ °,379,000 5 Golden Heart $;' „ - 336 $ "` `` 82 $ _419,226 6; ASRC` ;" ` $, „ - (266,485)'$ 431 ;498', 7 P, Silver Bow $ ; 500,000` 1 .51;;; - (37 100) j $ 462,900' 8' Pag Vik .; , , ;.111.; .$. {' ,525,000, $:!'; (37,900) $ ° . •'487,100 9:1 G &S . 1. . ° $' '700 $„ .;,(181,145) ..$ : ''518,855; 10,; Roger Hickey , •$ y 2,000,0001 ,$:,,(1,463,223) i$ 536,777 :11 F'& . , s!; $ 4 ,.1,500,000, ; 5 : s (933,810) $ ' .566,190; .12 ° Oar,con $; ; " t , 900,000'. $ (272,000) j $ . 628,000; `13; Little Susitna. , $' „ 998,868 $ ^998,868 $1,200,000 $1,000,000 - $800,000 -- - $600,000 — — $40Q000 - - -- ,,, Seriesl $200,000 - -:' - - - - —s —. .. $- fl7 i 7 Q 0 C t C 3 ie N y > 5 2 � J L y Vi m �. V 06 u a V Q Y ] = LL J w m p 5 j (0 a 3 -o N 0 0 C J 4 4 2 kA _ II Document AIOITM — 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Seventeenth day of February in the year Two Thousand Eleven ADDITIONS AND DELETIONS: On words, indicate day, month and year) The author of this document has added information needed for its • BETWEEN the Owner: completion. The author may also (Name, legal status, address and other information) have revised the text of the original AIA standard form. An Additions and Kodiak Island Borough Deletions Report that notes added Kodiak Island Borough information as well as revisions to 710 Mill Bay Road the standard form text is available Kodiak, Alaska, 99615 from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added and the Contractor: necessary information and where (Name, legal status, address and other information) the author has added to or deleted from the original AIA text. Alutiiq International Solutions, Inc. This document has important legal • 3909 Arctic Blvd. Suite 400 consequences. Consultation with an • Anchorage, AK 99503 attorney is encouraged with respect Telephone Number: 907 - 762 -9424 to Its completion or modification. Fax Number: 907 - 222 -9519 AIA Document A201 *" -2007, General Conditions of the Contract for the following Project: for Construction, is adopted in this (Name, location and detailed description) document by reference. no not use with other general conditions unless Kodiak Middle School Gymnasium Seismic Renovation this document is modified. Kodiak Middle School Kodiak, AK The Architect: (Name, legal status, address and other information) Jensen Yorba Lott Inc. 522 W. 10th St. Telephone Number: 907 586 1070 The Owner and Contractor agree as follows. Init. AlA Document A101Is — 2007. Copyright ® 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 i reproduction or distribution of this Ale 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 AlA software at 10:35:49 on 02/17/2011 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1282824271) TABLE OF ARTICLES • • 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION • 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS • 10 INSURANCE AND BONDS • ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) • If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work) Init. AIA Document A101 — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 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 2 • 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 AlA software at 10:35:49 on 02/17/2011 under Order No.6658208149 1 which expires on 04/14/2011, and is not for resale. User Notes: (1282024271) The work must be substantially complete not later than August 1, 2011 and final completion shall be achieved not later than October 1, 2011 Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for • bonus payments for early completion of the Work) I $1000 per day as outlined in the Supplementary Conditions Paragraph 2.7.2 • ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three Hundred Thirty-four Thousand One Hundred Fifty -eight Dollars and Zero Cents ($ 334,158.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the • Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 4.3 Unit prices, if any: • (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit ($0.00) • § 4.4 Allowances included in the Contract Sum, if any: (Ident/ allowance and state exclusions, if any, from the allowance price) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS • § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 30th day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty (30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract AMA Document A101 — 2007. Copyright Cr 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 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 AlA software at 10:35:49 on 02/17/2011 under Order No .6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes; (1282824271) Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. • § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by • multiplying the percentage completion of each portion of the Work by the share of the Contract Sum • • allocated to that portion of the Work in the schedule of values, less retainage of ten percent (10 %). • Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TN -2007, General Conditions • of the Contract for Construction; • .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of ten percent (10 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 ofA1A Document ,4201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. • § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. .3 the Owner shall withhold 10% of the final pay application until the Owner has received signed notification of project completion from the Alaska Department of Labor. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: AIA Document A101 TM— 2007. Copyright O 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 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 10:35:49 on 02/17/2011 under Order No .6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1282824271) • ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. of the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, • if other than the Architect) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: • (Check the appropriate box. If the Owner and Contractor 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, Claims will be resolved by litigation in a court of competent jurisdiction.) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) % § 8.3 The Owner's representative: (Name, address and other information) Rick Gifford Borough Manager AIA Document A101^ — 2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1987, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 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 10135:49 on 02/17/2011 under Order No.665 6 2 0 814 9_1 which expires on 04/14/2011, and is not for resale. User Notes: (1282824271) § 8.4 The Contractor's representative: • (Name, address and other information) Dave Lamont • 3909 Arctic Blvd. Suite 400 Anchorage, AK 99503 Email Address: dlamont @alutiiq.com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. • § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages Section 00800 Supplementary December 2010 4 Conditions • § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Project Manual Table of Contents Section 00011, Kodiak Middle School Gymnasium Seismic Improvements, December 2010 • Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drmvings here or refer to an exhibit attached to this Agreement) Project Manual Section 00015 , List of Drawings, December 2010 Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages Addendum 1 01 /11 /11 One Addendum 2 01/19/11 Two Addendum 3 01/27/11 Three Addendum 4 02/02/11 Five Addendum 5 02/04/11 Two AIA Document A101" — 2007. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1967. 1974, 1977, 1987. 1991, 1997 and 2007 by The American init. Institute of Architects. All rights reserved. WARNING: This AlA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 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 10:35:49 on 02/17/2011 under Order No.6656208149_1 which expires on 04/14/2011, and Is not for resale. User Notes: (1282824271) Addendum 6 02/08/11 One Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. • § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201T" -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA • Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be pan of the Contract Documents) • ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liabiliry for insurance required in Article 11 of AIA Document A201- 2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) This Agreement entered into as of the day and year first written above. • OWNER (Signature) CONTRACTOR (Signature) • Rick Gifford, KID Manager Dave Lamont (Printed name and title) (Printed name and title) AIA Document A101 TM— 2007. Copyright 01915, 1918. 1925, 1937, 1951, 1958, 1981, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Institute of Architects. All tights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 7 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 10 :35:49 on 02/17/2011 under Order No.6656208149_1 which expires on 04/14/2011, and is not for resale. User Notes: (1282824271) SECTION 00011 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS 1.01 Division 00 -- Procurement and Contracting Requirements A. 00001 - Project Title Page B. 00011 - Table of Contents C. 00015 - List of Drawings D. 00100 - Invitation to Bid E. 00200 - Instructions to Bidders F. 00300 - Information Available to Bidders G. 00410 - Bid Form H. 00500 - Agreement Form I. 00600 - Bonds J. 00700 - General Conditions K. 00800 - Supplementary Conditions SPECIFICATIONS 2.01 Division 01 — General Requirements A. 01100 - Summary B. 01250 - Contract Modification Procedures • C. 01290 - Payment Procedures D. 01310 - Project Management and Coordination E. 01322 - Photographic Documentation F. 01330 - Submittal Procedures G. 01420 - References H. 01500 - Temporary Facilities and Control I. 01600 - Product Requirements J. 01700 - Execution Requirements K. 01731— Cutting and Patching L. 01732 — Selective Demolition M. 01770 - Closeout Procedures N. 01781 - Project Record Documents O. 01782 — Operation and Maintenance Data 2.02 Division 02 -- Site Construction — NOT USED 2.03 Division 03 — Concrete — NOT USED 2.04 Division 04 — Masonry — NOT USED KODIAK MIDDLE SCHOOL SECTION 00011 GYMNASIUM ROOF SEISMIC IMPROVEMENTS TABLE OF CONTENTS 2.05 Division 05 -- Metals A. 05120 - Structural Steel B. 05400 — Cold Form Metal Framing 2.06 Division 06 -- Wood, Plastics, and Composites 2.07 Division 07 -- Thermal and Moisture Protection 2.08 Division 08 -- Openings 2.09 Division 09 — Finishes A. 09250 — Gypsum Board B. 09511 — Acoustical Panel Ceiling C. 09912 — Painting 2.10 Division 10 — Specialties — NOT USED 2.11 Division 11 — Equipment — NOT USED 2.12 Division 12 — Furnishings — NOT USED 2.13 Division 13 -- Special Construction — NOT USED 2.14 Division 14 -- Conveying Equipment — NOT USED 2.15 Division 15 — Mechanical —NOT USED 2.16 Division 16 — Electrical — NOT USED END OF TABLE OF CONTENTS KODIAK MIDDLE SCHOOL SECTION 00011 GYMNASIUM ROOF SEISMIC IMPROVEMENTS TABLE OF CONTENTS SECTION 00015 LIST OF DRAWINGS DRAWING INDEX A001 Abbreviations, Index and Symbols A002 Site Utilization Plan A003 Overall Plan Middle School Sublevel A1102 Middle School Sublevel Demolition Plan A1105 Middle School Demolition Plan A1301 Middle School Demolition Building Section A1302 Middle School Demolition Building Section A1605 Middle School Level I Demolition Reflected Ceiling Plan A202 Middle School Sublevel Renovation Plan A205 Middle School Level 1 Renovation Plan A301 Middle School Renovation Building Section A302 Middle School Renovation Building Section A602 Middle School Sublevel Renovation Reflected Ceiling Plan A605 Middle School Level 1 Renovation Reflected Ceiling Plan S001 Structural General Notes and Abbreviations S502 Partial Roof Framing Plan S503 Upper Roof Bracing Plan S800 Gym Roof Bracing Plan S801 Gym Roof Bracing Sections S802 Gym Roof Bracing Sections S803 Gym Roof Bracing Sections END OF LIST OF DRAWINGS KODIAK MIDDLE SCHOOL SECTION 00015 GYMNASIUM ROOF SEISMIC IMPROVEMENTS LIST OF DRAWINGS KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 17, 2011 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2011 -23 Supporting the 2011 Legislative Priorities of the Alaska Commission on Aging. SUMMARY: This resolution was requested by Senior Citizens of Kodiak, Inc. Executive Director Pat Branson. On February 23, 2011, the Senior Citizens of Kodiak, Inc. Board of Directors met and reviewed the 2011 Legislative Priorities of the Alaska Commission on Aging. The board requests that the Assembly send a resolution of support for these priorities to the Legislative Delegation. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2011 -23. Form Ver. 06/30/2009 1 Introduced by: Borough Assembly 2 Requested by: Pat Branson 3 Drafted by: Pat Branson Introduced on: 03/17/2011 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2011 -23 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 SUPPORTING THE 2011 LEGISLATIVE PRIORITIES OF THE 11 ALASKA COMMISSION ON AGING 12 13 WHEREAS, the Senior Citizens of Kodiak, Inc. Board of Directors met on February 23, 14 2011, and reviewed the 2011 Legislative Priorities of the Alaska Commission on Aging; and 15 16 WHEREAS, the Board endorses these priorities; and 17 18 WHEREAS, the Board requests that the Kodiak Island Borough Mayor and Assembly 19 approve and send a resolution of support for these priorities to our Legislative Delegation; 20 and 21 22 WHEREAS, Priority #1 is the reauthorization of the Senior Benefits Program which 23 extends the sunset date for the program enabling the continuation of monetary support to 24 those senior most vulnerable to economic stresses; and 25 26 WHEREAS, Priority #2 is an increment to the existing Senior and Disability Services 27 Senior grant to be used solely to increase the number of meals provided for older Alaskans 28 and for related transportation costs to deliver meals to homebound seniors; and 29 30 WHEREAS, Priority #3 is enhanced services for Older Alaskans and unpaid family 31 caregivers which would help seniors who remain at home by providing respite for family 32 caregivers, supplemental services that provides assistance with daily living and an increase 33 to Adult Day programs to serve more seniors; and 34 35 WHEREAS, Priority #4 is the recommendation that the legislature support the creation of 36 a legislative statute that identifies the role of public and community transportation in Alaska 37 and creates a statewide fund to support operational costs of community transit systems; and 38 39 WHEREAS, Priority #5 is adequate funding to build appropriate, accessible, and 40 affordable housing for older Alaskans where they live. 41 42 NOW, THEREFORE BE IT RESOLVED that the Kodiak Island Borough supports the 2011 43 Legislative Priorities of the Alaska Commission of Aging. 44 45 Kodiak Island Borough Resolution No. FY2011 -23 Page 1 of 2 46 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 47 THIS DAY OF 2011 48 49 KODIAK ISLAND BOROUGH 50 51 52 53 Jerome M. Selby, Borough Mayor 54 55 ATTEST: 56 57 58 59 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2011 -23 Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 17, 2010 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2011 -13 Rezoning a Portion of Tract B -1A, U.S. Survey 4947 (Near Island ) From C- Conservation To PL- Public Use Zone. SUMMARY: The Borough has combined an existing lot on Near Island with additional land that was acquired from the City of Kodiak. This new lot will house the existing KFRC Research Facility and Scientist Housing. The additional land will also house the proposed ADF &G Facility. The land acquired from the City is zoned C- Conservation. The parcel that it has been incorporated into is zoned PL- Public Use Lands. The desire is to have the entire lot be zoned FL-Public Use Lands which allows offices for local, state, and federal governments. After holding a public meeting, the Commission unanimously approved recommending to the Borough Assembly that this entire parcel be rezoned from C- Conservation to PL— Public Use Lands. FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A • APPROVAL FOR AGENDA: a 4/7 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2011 -13 in first reading to advance to public hearing at the next meeting of the Assembly. 1 Introduced by: Borough Manager 2 Requested by: CDD Director 3 Drafted by: CDD Director 4 Introduced: 03/17/2011 5 Public Hearing: 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2011 -13 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 A PORTION OF TRACT B -1A, U.S. SURVEY 4947 (NEAR ISLAND) FROM 12 C- CONSERVATION TO PL- PUBLIC USE ZONE 13 14 WHEREAS, the Borough has acquired vacant land on Near Island from the City of Kodiak 15 in an effort to locate a new ADF &G Administrative facility in the same location as other 16 fisheries oriented institutional facilities and to continue the concept of a Research Campus 17 on Near Island; and 18 19 WHEREAS, this City of Kodiak land has been incorporated into an existing Borough 20 parcel by subdivision to make one large tract of land; and 21 22 WHEREAS, this larger parcel is the home of the existing Kodiak Fisheries Research 23 Facility (KFRC), scientist housing and with this addition of land, the proposed ADF &G 24 Facility; and 25 26 WHEREAS, the land acquired from the City of Kodiak is zoned C- Conservation while the 27 existing Borough owned lot is zoned PL— Public Use Lands; and 28 29 WHEREAS, good planning practice is to prohibit the "split lot zoning" or duo zoning for an 30 individual lot because of the differing uses permitted in each of the zoning districts; and 31 32 WHEREAS, the commission held properly noticed public hearings on this request and is 33 recommending that the Assembly find that a rezone of a portion of lot Tract B -1A from C- 34 Conservation to PL— Public Use Zone is in keeping with the guidance and objectives of the 35 2008 Comprehensive Plan. 36 37 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH that the following parcel be rezoned from C- Conservation to PL- Public Use 39 Zone: 40 41 Section 1: This ordinance is not of general application and shall not be codified. 42 43 Section 2: A portion of Tract B -1A, U.S. Survey 4947 be rezoned from C- Conservation to 44 PL- Public Use lands to make the entire lot a consistent zoning district. 45 Kodiak Island Borough Ordinance No. FY2011 -13 Page 1 of 2 46 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 47 are hereby confirmed as follows: 48 49 17.205.020 A. Findings as to need and justification for a change or 50 amendments: 51 A rezone of Tract B -1A United States Survey 4947 removes the administrative 52 ambiguity that arises due to a "split -lot zoning" configuration. 53 A rezone of Tract B -1A United States Survey 4947 exemplifies good planning 54 practices. 55 56 17.205.020 B. Findings as to the effect a change or amendment would have on 57 the objectives of the comprehensive plan: 58 A rezone of Tract B -1A United States Survey 4947 is fully compatible with the 59 objectives of the Kodiak Island Borough 2008 Comprehensive Plan Update. 60 A rezone of Tract B -1A United States Survey 4947 is generally consistent with 61 the objectives of the 1987 Near Island Comprehensive Development Plan. 62 63 17.205.020 C. Recommendations as to the approval or disapproval of the 64 change or amendment: 65 The Kodiak Island Borough Planning & Zoning Commission recommends that 66 the Kodiak Island Borough Assembly approve the rezone of that portion of 67 Tract B -1A United States Survey 4947 currently zoned C - Conservation 68 Zoning District to PL- Public Use Zoning District. 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS DAY OF 2011 72 73 KODIAK ISLAND BOROUGH 74 75 76 77 ATTEST: Jerome M. Selby, Borough Mayor 78 79 80 81 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2011 -13 Page 2 of 2 Public Hearing Item 7 - D P &Z February 16, 2011 afigli:UlJa Location Request: Rezone, according RD Cgigg VEKIA, MDe.aca%Ag mho �p aff13 p'yp portion cQ 15a(k94, IC< Survey P e E ease Q 99c41fl €, Conservation tb PL- Public )I �mr4 b ordet allow Eta Kodiak Island Borough eventual development CO ®1027Alaska Department CMS(3Game office aid research building 00b9 located (at$Ia bleg GIa Agent: Robert Seholze existing Kodiak Fisheries Research Clla °w �a� ® �� ice ► gip ®� + ®� If de doi D off � O • ; a/ o�sr 4404 ,.... -/ ' 4 i I 4 , 6 ?) / / - 400eAlltdk 'V air , ,--( I ....z. / i 1 Legend r Subject Parcels , i a Q o o / � / / .. �� *I: Kodiak Island Borough GIS System W � � Zt 4 ►y 0 437.5 875 1,750 2,625 3.500 Feet S This map was prepared from the Kodiak Island Boroughs GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333 Case No. 11 -019 Introduction Page 1 of 6 Public Hearing Item 7 - D P &Z February 16, 2011 ° Ko diak Island Borough Zoning Map W , E A > Community Development Department © ll ti Zoning Request:ARezone, according Oaccording ap Mg WW0 1 MaidIR P $) 7 Base p99j90 op 8 m Portion t B-i A Ea ginzw 4947( oI G- G PL- Public LMa I(l - Om order befit ffilD Kodiak Island Borough eventual developmentdflpqa7Alaska Department ®J 13 Game Agent: Robert Scholze catmaid research building ibba located MEG same sbagiB p existing Kodiak Fisheries Research 6� A. P ` � o aos et➢ 1,620 !�,,tA f 9 ' » v I Feet • 4fn C'F e • S 741r -49 a ir D fir► fi -A, r ccy ` Subject Portion il kaa: , :ir t Awares / / Niali Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential Ft, Light Industrial i4 Watershed IIIIIIIIIII♦ Rural Residential 2 — Business I Rural Neighborhood Commercial Conservation Single Family Residential I I Retail Business f_,_ _l. Urban Neighborhood Commercial I Rural Residential Two Family Residential I I Industrial I Natural Use This map was prepared from the Kodiak Island Borough's GI5 System. It is provided for the purpose of showing the general location of a properly within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 11 -019 Introduction Page 3 of 6 Public Hearing Item 7 - D P &Z February 16, 2011 Image Overlay Reguest:ARezone, according ilDEDC'• c' 977r.11JE CIVo k , Q�r ezoneE) 336@iaportion@Q B -1 A,�t. 4947 ou p e3 g ase CI 99 C- Conservation op PL- Public l Clt IN orderO)atm(Die Kodiak Island Borough goCo ,EQi development€f?© CCM Alaska Department oCORO&Game office EGCI research building Qppa located CA(CSa QTORQ as (I50 Agent: Robert Seholze existing Kodiak Fisheries Research Center. 1 ,5 +At = r .rvs i. �� ) ;Ile 7s � ! 4 ,47. tore s K _ v y. t r at . e >k r M' rvw e t 4 , JP f` ;.j.:1/411,,,P..; 0t�r'r n �` ` T i. d {. k a . 1 N . 3 Ye_ r. . A - 4 4" r , p r x oa r f . i ` � s � y f �Ai -z i r x'1,‘ ) Y 1,.... � b t t xj r ° 4 , sr. r't" Y�i? 4 '*h . b "e ,1*.' ; tt "� f a . . ' 7 t � � " b1 �P rya T t '1 i": C;4# " r S . ' s. f / fg6 ' �� L ' t R• J a» k ? Y rS ','5.,.6tif },,. '%T8, r + t _ Y 3 r 'let [1 f y t ` . ' b .' 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Cff Y ,K� 4 `- g.. t 'r-. a 7, r 44+ r g.5 gX r f ) r ."? ,a. , ;, f » , k srr 3o e' .,`% $r.t :4 d F :fec f 'r a Y f c ' * .�jJ3 It `' y_; §�f y r� Y` 4.$,,,r. � sttt • � y r T } f0 , f f R`J 5 r I -- LI 4 1 8 4;; - Kodiak Island Borough GIS System 0 112.5 225 450 675 900 Ai � i W). This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333 Case No. 11 -019 Introduction Page 5 of 6 Public Hearing Item 7 - D P &Z February 16, 2011 ......I r........ - ...v lion ... we _.. -- —.... . -- - - -- - --- -- - -. . . 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Property Information JKnl)IAK IS LlefrJ 11 eu .i Property ID Number /s Property owner's name 710 vti/,w. 3a RI) fio- -?- B — /it M A1 Legal Description L P G ; r ,w T fit,: ✓�„/- Property owner's mailing address P O /Wig 4lL efr l Current Zoning: C ('cM)CRL el City State Zip Applicable Comprehensive Plan:. yin_ (13,4 Year of Plan adoption: Home phone Work Phone E-mail Addr. Present Use of Property: 0 /9 cal r\7T �r> Scilet-zF, PE calla cF M&Mr 4390 Agent's name (If applicable) (sr e) Agent's mailing address Proposed Use of Property: City State Zip A En o; ✓ - 5. r 45 Home phone Work Phone E -mail Addr. (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I 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 conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrattve/History _ As -built Survey _ Photographs _ Maps _ Other Property Owners Sign u / ,,,� Date A horized Agen / Dal 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, C1993 by Rutgers University) STAFF USE ONLY PAYMENT VERIFICATION Code Section(s) Involved: I 1 —QS 1 S v I 4, 13c� 130 — 532 y S a -I f ?reef iLLLer7-5 'des/fie) Zoning Change, Variance (KIBC 17.66.020) $250.00 Fee Schedule: Conditional Use Permit (KIBC 17.67.020.8) $250.00 - (per MB Assembly Resolution Other (appearance requests, site plq(t review, etc.) $150.00 DB. July 1, 2005) 10 Zoning change from C to r - (KIBC 17.72.030 and 030.C)* / Less -than 1.75 acres 5350.00 4 ' /))) C L76 to 5.00 acres $750.00 Application received by: / / 'i ' " 5.01 to 40.00 acres SI.000.00 !,‘ - -I 40.01 acres or more $1,500.00 Staff signature 11 Case No. 11 -019 Application Page 1 of 3 Public Hearing Item 7 - D P &Z February 16, 2011 7 - / /e 0o. ` - TRACT A wow sat , M, � 20 • ▪ is l KW .aa 0 • / �. a. .a] M. .. 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" x,1:1,; x ��.` w n ■ a , ! `: A � � C W ,A•T „� a Fic b',c y. � s . 11 Yt W J ti t .�., . ' ..r - r ` ` f - � is z �� f bii ?, y s , r ads° ' ' V 2 d , Case No. 11 -019 Application Page 3 of 3 Public Hearing Item 7 - D P &Z February 16, 2011 Request a Rezone, according to KIBC 17.205, 17.50 and 17.130, Current Location to rezone a 2.66 acre portion of Tract B -1 A, U.S. Survey 4947 from 200 Trident Way C- Conservation to PL- Public Land Use, in order to allow the P & Z Case 11 - 019 eventual development of a new Alaska Department of Fish & Game Kodiak Island Borough office and research building to be located on the same lot as the existing Kodiak Fisheries Research Center (KFRC). 410 • Off! °. �► f/ " . .., lit/ ,--X: j , t 2 7 .--- c : r' a O. Kodiak Island Borough GIS Legend ,l :. itj d — - r _ ;I' Subject Parcel �' 07 E ni reel o aso 920 aao = Notification Area 4.4 J f l l 1 I i _..__.. S This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing Me general blsam of a property within the Kodiak Island Borough. This map does not represent a sow/ More informatic0 about the reaping data can be obtained by mlaclirg the Kodiak Island Borough IT Bepanmere al 007 4864333. Case No. 11 -019 Public Comment Page 1 of 4 Public Hearing Item 7 - D P &Z February 16, 2011 ,C;;%")),L Kodiak Island I ®rough * 7 Community Development Department 710 Mill Bay Road Room 205 1:4 rw Kodiak, Alaska 99615 xo t , Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us January 13, 2011 Mr. Bob Scholze, Resource Management Officer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Case 11 -019. Request a Rezone, according to KIBC 17.205, 17.50 and 17.130, to rezone a 2.66 acre portion of Tract B -1A, U.S. Survey 4947 from C- Conservation to PL- Public Land Use, in order to allow the eventual development of a new Alaska Department of Fish & Game office and research building to be located on the same lot as the existing Kodiak Fisheries Research Center (KFRC). Dear Mr. Scholze: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their February 16, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, February 9, 2011 at 6:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, �� Cl(leJpaCch t i Q Sheila Smith, Secretary Community Development Department Case No. 11 -019 Public Comment Page 2 of 4 Public Hearing Item 7 - D P &Z February 16, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 16, 2011. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 11 - 019 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Resource Management Officer REQUEST: A Rezone, according to KIBC 17.205, 17.50 and 17.130, to rezone a 2.66 acre portion of Tract B -lA, U.S. Survey 4947 from C- Conservation to PL- Public Land Use, in order to allow the eventual development of a new Alaska Department of Fish & Game office and research building to be located on the same lot as the existing Kodiak Fisheries Research Center (KFRC). LOCATION: 200 Trident Way ZONING: C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, February 1, 2011 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith(rrlkodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, February 9, 2011, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 11 -019 Public Comment Page 3 of 4 Public Hearing Item 7 - D P &Z February 16, 2011 UNIVERSITY OF ALASKA KODIAK ISLAND BOROUGH CITY OF KODIAK 910 YUKON DR, #106 710 MILL BAY RI) P.O. BOX 1397 FAIRBANKS, AK 99775 KODIAK, AK 99615 KODIAK, AK 99615 MARINE CENTER LLC C/O FINNEY, NEILL & CO., P.S. 9757 GREENWOOD AVE. N. KODIAK, AK 99615 Case No. 11 -019 Public Comment Page 4 of 4 Public Hearing Item 7 - D P &Z February 16, 2011 MEMORANDUM Date: February 4, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the February 16, 2011 Regular Meeting Case: 11 -019 Applicant: Kodiak Island Borough Agent: Robert Scholze Request: A Rezone, according to KIBC 17.205, 17.50 and 17.130, to rezone a 2.66 acre portion of Tract B -1A, U.S. Survey 4947 from C- Conservation to PL- Public Land Use, in order to allow the eventual development of a new Alaska Department of Fish & Game office and research building to be located on the same lot as the existing Kodiak Fisheries Research Center (KFRC). Location: 200 Trident Way Legal Description: A 2.66 acre portion of Tract B -1A, U.S. Survey 4947 Zoning: C - Conservation Zoning District Four (4) public hearing notices related to this request were mailed on January 13, 2011. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Residential — R -1. This general area was classified as Public Open Space & Recreational by Ordinance 80 -3 -0 (a), and further clarified as C - Conservation Zoning District by Ordinance 80 -4 -0 (a). This tract portion was confirmed as zoned C - Conservation Zoning District by Ordinance 88 -01- 0. 2. Lot Size: 2.66 acre 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: United States Survey 4947 — Near Island Use: Vacant Zoning: SLZ — Split Lot Zoning South: United States Survey 2261 Tract F Use: Trident Basin Seaplane Facility Zoning: LI - Light Industrial Zoning District Case No. 11 -019 Staff Rpt Page 1 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 East: United States Survey 4947 Tract A Use: Research Facility - Fisheries Industrial Technology Center Zoning: PL- Public Use Zoning District West: United States Survey 4947 — Near Island Use: Vacant Zoning: SLZ — Split Lot Zoning 5. Comprehensive Plan: The 1968 Comprehensive Plan identified this area as Residential — R -1. The Year 2000 Land Use was projected as Public & Open Space. The 1987 Near Island Comprehensive Development Plan designated this area as C - Conservation Zoning District. The Kodiak Island Borough 2008 Comprehensive Plan identifies the proposed future land use of the proposed rezone area Public Facilities /Ownership, and specifically denotes "Research Park ". 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: Title 17 Zoning KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.030 Manner of initiation. Changes in this title (request for a rezone) may be initiated in the following manner: A. 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. KIBC 17.205.055 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 Case No. 11 -019 Staff Rpt Page 2 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 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 (For a project description and Local Coastal Management Plan impacts, including mitigation measures, please refer to the Appendix, pages 4 through 7.) 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency: Yes! The proposed development does not propose to place fill or dredge material into coastal waters. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Yes! The proposed development does not duplicate existing facilities. The proposed development expands and enhances the existing development pattern. Policy 8 -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: Yes! b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Yes! C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Consistency: Not Applicable. The rezone location is not located in a designated erosion hazard area. b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Consistency: Not Applicable. The rezone location is not located in a steep slope area or identified as within an erosion hazard area. Case No. 11 -019 Staff Rpt Page 3 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 D. Coastal Habitats and Resources Policy D -5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: Not Applicable) b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: Not Applicable! H. Recreation Policy H -1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: Not Applicable) b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency: Not applicable) c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: Not applicable) I. Archaeological and Historic Resources Policy I -1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: Yes! b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Yes) Case No. 11 -019 Staff Rpt Page 4 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency: Yes! b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Yes! K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources) b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources! 4.5 Designated Areas N/A 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Area N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A Case No. 11 -019 Staff Rpt Page 5 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 Comments This application for a rezone is an administrative initiative in order to "tie up loose ends" and facilitate the completion of development of an administrative and academic research complex located on Near Island. The establishment of an integrated administrative and academic complex has been projected to benefit the local community in several respects. These benefits include retaining an important local employment sector, ensuring commercial fisheries competiveness, and enhancing local tourism opportunities. The establishment and development of a research park located on Near Island has been a long term goal of the Kodiak Island Borough Assembly and has been buttressed by continuing support from the City of Kodiak'. Conformance with the comprehensive plan: The Kodiak Island Borough 2008 Comprehensive Plan Update notes under "Implementation Policies" (Chapter 12, Page3): "Identify an adequate supply of land . . . to meet future needs for homes and businesses, including commercial and industrial uses. Additional study is needed to estimate future employment in specific industries and related needs for land zoned for those types of uses. For example, in assessing the need and most appropriate locations for new industrial [Business] land, consider the following factors: ➢ The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. ➢ Proximity to adequate public facilities, including roads, water, and air transport facilities, as well as water and wastewater treatment facilities. ➢ Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural resources. ➢ Parcel size, topography, and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. As noted earlier, the plan specifically designates this area as "Research Park " The 1987 Near Island Comprehensive Development Plan offers a short discussion of this area of Near Island under section 4.A Description of Development Categories and Allowable Land Uses. Fisheries Industrial Technology Center. `The FITC designation relates to the land areas which are being deeded by the City to the State of Alaska for the Fisheries Technology Information Center ". Located to the east of the proposed rezone area, the FITC was the initial research related development within the research / academic zone. Follow -on development to the west has included visiting academic's housing, and the Near Island Research Facility. 1 See Resolution 09 -06 Appendix Page 1 of 11 2 Appendix Page 3 of 11 Case No. 11 -019 Staff Rpt Page 6 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 The current proposed development of a new ADF &G administration and research building is viewed as a natural adjunct to the idealized "research campus" concept supporting two of the local economy's pillars, i.e., the seafood industry, and by extension, the tourism industry. Staff typically recommends that the commission give due deference to the recommended land uses provided in the comprehensive plan(s). Zoning /use: This area has been designated for public use, in one form or another, for many years. The current proposed development fits neatly within the scope of permitted uses in the PL- Public Use Zoning District. Currently zoned C - Conservation Zoning District, the development would in all likelihood be permitted as a Conditional Use in the C - Conservation Zoning District under any other scenario. Rezoning to PL- Public Use Zoning District removes an unnecessary administrative hurdle and facilitates project permitting and financing. Land suitability: The parcel subject is not ideal from a development standpoint. However, it does have redeeming qualities. The site, by virtue of topography, remoteness, and natural vegetation, offers screening, landscaping, and buffering naturally. Engineering concerns have had to address elevation changes, drainages, and recreational pathways. Sufficient land area is available to provide mitigation measures on site, and these have been incorporated in the design. Municipal water and sewer utilities are available. The site offers, and the design takes advantage of a world class water view. This is an amenity shared by the sister facilities comprising the research campus. One point that staff notes is the proximity of Trident Basin Seaplane Base. The seaplane base is a large noise generator during peak operations, and it remains to be seen if this potential conflict ultimately detracts from the overall campus atmosphere. Recent development trends in the area: Facility development in the immediate area has been on a hiatus since the completion of the residential apartments serving visiting researchers (- 1997). The intervening years has seen some expansion and improvement to the Trident Basin Seaplane Base. This expansion has focused on excavations and provision of suitable land area to support development of airplane service and storage hangars. Private investment has occurred along Alimaq Drive (formerly Dog Salmon Bay Road). Recent completions of a corporate headquarters building and mini - storage warehouse units comprise the bulk of the private investment. Additional private investment along this roadway has been announced within the past year, but this project appears to have been placed on hold. Farther out, public investments have been made in continuing excavation work in order to provide increased land area for industrial use, and the completion of the City of Kodiak's boat lift facility. Case No. 11 -019 Staff Rpt Page 7 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 Traffic impacts: Uses in the PL- Public Use Zoning District have parking and traffic generation characteristics very similar to uses in the B- Business zone. Computed on a gross square footage calculation of the proposed building (including parking garage), the ICBO occupancy rating is projected to be 390 persons. Fish & Game Administrative Services has estimated staffing levels of approximately 75 permanent and 30 seasonal employees, although it is unlikely that all of these employees would be in the building at the same time. This staff is currently split between the downtown building and the Griffin building on the channel, and all would be relocated. There is also the question of the number of public contacts (walk -ups) that might occur. A historical visitor or daily client count has not been a matter of inquiry by the state, and so a projection of daily trips would be mere speculation. The proposed development, and the three existing facilities, will all be served by one route of ingress and egress. Although anecdotal information indicates that the single route of ingress and egress is sufficient for the proposed development, staff is skeptical of the route's capacity / adequacy when cumulative impacts are considered. However, the point is beyond this report's scope, and is probably better left to another investigation. Case No. 11 -019 Staff Rpt Page 8 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend, according to KIBC 17.205, 17.50 and 17.130, the rezone of a 2.66 acre portion of Tract B -1A, U.S. Survey 4947 from C- Conservation to PL- Public Land Use, in order to allow the eventual development of a new Alaska Department of Fish & Game office and research building to be located on the same lot as the existing Kodiak Fisheries Research Center (KFRC); and to adopt the "Findings of Fact" in the staff report dated February 4, 2011 in support of this recommendation.. Staff recommends that this motion be approved by the commission. Findings of Fact Kodiak Island Borough Title 17.205.020 states "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 A rezone of Tract B -1A United States Survey 4947 removes the administrative ambiguity that arises due to a "split -lot zoning" configuration. A rezone of Tract B -1A United States Survey 4947 exemplifies good planning practices. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan and A rezone of Tract B -1A United States Survey 4947 is fully compatible with the objectives of the Kodiak Island Borough 2008 Plan Update. A rezone of Tract B -1A United States Survey 4947 is generally consistent with the objectives of the 1987 Near Island Comprehensive Development Plan. C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends that the Kodiak Island Borough Assembly approve the rezone of that portion of Tract B -1A United States Survey 4947 currently zoned C - Conservation Zoning District to PL- Public Use Zoning District. Case No. 11 -019 Staff Rpt Page 9 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 " i a p p ti '�� r. s< r r ) � l • e''' T d t'� ' )� Uv / A. � 't ^' ° e r A is v . ✓3 y '* 51 Lc ^-• ' r o c l ; u a" a -, *: " Gs , g ( b ? { . , � ..� ' ` _ r �� ` in '' r LS, 1 /( i4'4' s `' _��r,�,f��J , + �.y''S y/• _. i ." - - ` d sc e ., b- is o t:)T�b' V zS pc 9,0 it — r ' C aSD nk UbidiRkrog l g sf a A�[ 4 i t , 4 �� .. — \ � l �� t ' ii,� `�.� , tl`r�1��4r i �1 +L«'GG � .C:• Y.. � •.�! iS -0� � `o �0o0 O �Ot' � ♦ y... &k � f 4•c c � • �C • r p .C. • ! . _ �t� .!/r •i� }- '1ry�lr S- S[ • � C V u� ar5� � ��SV • i ; I r 'WI I�. � [. d d P?� i R q -.Net. • r r trios G` • Og "Y n .. -4 .ta •' • � ...... 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G w - w.: T vltl +f: Y)• "�.- 1 • _ � uI.fl. i...... mmm�nuu.. ? " ��." Research t "'' Y Park t et J r4.. . ..Y.g 4 s not. .p. Wy WV i4....... E r Sea Plane °••tl W...o Base Kodiak Island borough - Ko diak Urk lig C o mm ercial /Business Conservation p i Future Specia / Industrial /Lig Industrial Case No. 11 -019 Appendix Page 1 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 Coastal Project Questionnaire Kodiak Near Island Research & Administration Facility Kodiak Near Island Research & Administration Facility Kodiak, Alaska Project Description The Kodiak Island Borough proposes to construct a new office and laboratory building on Tract B -1A on Near Island in Kodiak (approx. 57.780 ° N, 152.397 ° W). The facility will house the Kodiak offices of the Alaska Department of Fish and Game (DFG) which will move from their current location downtown. The 15.8 acre property is owned by the Borough and is presently occupied by the Kodiak Fisheries Research Center (KFRC) and the Visiting Scientist Housing apartments. The Borough has had the desire to create a research campus at this location, and the new facility will help fulfill those ambitions. DFG currently shares laboratory space in KFRC where they have access to seawater -based research. Co- locating the new facility on the Near Island site will enhance this relationship. The existing site has varying topography and vegetation with steep shoreline slopes. A public use trail currently traverses the site, and connections to this trail will be provided. Site access is from Trident Way onto Research Court and along the western edge of the existing development. Water, wastewater, and underground electric and telecom services will be extended from rough -ins pre - planned at the time KFRC was constructed. Upstream stormwater is collected along a new rock lined swale and returns to a natural downstream swale via a portion of culvert under the paved area. The proposed building is two stories of office and laboratory space totaling 32,300 SF over a 10,250 square foot covered parking garage for 24 vehicles. There is additional surface parking for 56 cars. The garage significantly reduces the site development impact. The garage will be constructed of cast -in- place concrete with braced -frame steel used for the upper floors. Foundations will rest on solid bedrock. Landscaping will be introduced along the boundaries and interior of the developed area and will be native, low- maintenance varieties. Construction and Timeline Best management practices will be implemented during construction. A Stormwater Pollution Prevention Plan (SWPPP) will be developed by the Contractor prior to construction and will be kept available throughout construction. Construction is expected to begin in the spring of 2011 and continue into the fall of 2012. Attachment 'A' Case No. 11 -019 Appendix Page 2 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 Coastal Project Questionnaire Kodiak, Alaska Kodiak Near Island Research & Administration Facility Consistency Review Kodiak Near Island Research & Administration Facility Kodiak Island Borough, District Enforceable Policies Enforceable Policy Evaluation Policy B -1: Structures or dredged or fill N/A (The project will not involve Multiple Use material placed in coastal waters dredge or fill material in coastal shall be designed to minimize waters.) the need for duplicative facilities. Policy B -3: An applicant for a project that N/A (The project will not involve Dredge and Fill Activities will place structures or discharge dredge or fill material in coastal dredge or fill material into waters.) coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Policy C -1: Minimize removal of existing Site disturbance will not involve Erosion and Landslides vegetative cover. degradation of vegetative cover beyond that required for the building and associated parking, driveways and pedestrian facilities. Policy C -1: Stabilize soils and re- vegetate Disturbed areas will be planted Erosion and Landslides with native species for areas with vegetation suitable for where development necessitates lower sloped areas. Native removal of vegetation, unless re- bedrock and /or rock facings will vegetation activities would cause be used on steep vertical slopes. more damage. Policy D -5: The applicant shall incorporate N/A (The project will not involve Wind Generation and Bird measures into the project wind turbines or wind -power Habitat description regarding the siting facilities.) of wind generation projects to minimize mortality to birds. Policy H -1: Non - recreational projects and An informal pedestrian trail will Protection of Recreation activities shall be located, be realigned as necessary for the Resources and Uses designed, constructed and new development. operated to avoid significant adverse impacts to recreation resources and activities. Attachment 'B' Case No. 11 -019 Appendix Page 3 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 Coastal Project Questionnaire Kodiak, Alaska Kodiak Near Island Research & Administration Facility Policy H -1: Access through water bodies There is no water access on the Protection of Recreation shall be maintained. site. Resources and Uses Policy I -1: For projects within the historic Consultation with the Kodiak Consultation and Surveys and prehistoric designation area, Island Borough and Alutiiq the applicant shall submit with Museum (Patrick Saltonstall, the consistency review packet an 1/5/11) has indicated that there assessment of potential impacts is little potential for the to historic and prehistoric proposed project to affect resources and a plan for the prehistoric or historic resources. protection of those resources. The review of the Alaska Historic Resources Survey found no known sites at the project location (Tracy Krauthoeffer, SHPO, 12/15/10). Policy 1 -2: For projects within the historic During the construction process, Resource Protection and prehistoric designation area, if undiscovered artifacts or sites if previously undiscovered are found, construction activities artifacts or areas of historic, would halt and the KIB and State prehistoric or archaeological Historic Preservation Office importance are encountered (SHPO)would be contacted and a during development, an artifact curation agreement would be curation agreement will be formulated. developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Policy K -1: Sources of sand and gravel shall The project, which is located on Siting of Material Sources be authorized in the following uplands, will not involve material priority: sources, except where excavated 1. Upland sites, including river material may optionally be used terraces above historic high for fill activities under building water, and paving if structurally 2. Areas of low habitat value, suitable. including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Attachment 'B' Case No. 11 -019 Appendix Page 4 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 ,+ . \. � "a 4 ,t ilts ,, fi r,. v � I . - + e,', ',,�.,}.. « {:- 1!' ' IV a- • I a • l + h 4 C 'i _�y d AD V � b k l`� }a • t. S♦ N E AR....„. ND a + ` t 4.. � t ` 7 • R � Ia, #. ,, K ODI A K , a 4 cats , 2' a • }•4 a . ` • % .- r c. y [ ,, g + y a ' yt , N ' ,.....t 1- I_.x CnYa c . "Y d S 4 vt[ Z `` et, „,, �' a 4- ' 4 ' ) 1 „`C ' I J re' � i J t t7 ? ' s 1 ”. fan, s , ,,m. 4 ti r� r ,___ ` y y ' A . $ a IC MIST " fi e 4 a'1,-. t S t. ,y, • • ♦ ' r t � . r -4 0 ,v ' g � HOU51 A ' t .r, to rar „ L . T C �� A T . I r ._ `• � ' al s kg L:::., } '. •, 1� � +, } 'v i er u { [ __ OIA i ( y1 1[4 A le^ - ` � � '} a ' VIEW } a y � kr ¢��;v .��vy�T,s. �� P J / [iyy 1 _ dl� ?d.. 3�.TL .z. +V_ • !•l1 FH� ., . • C dr ,,�. :CP ' . � N ' f ?VIEW'S G C „ j�� `* 1 :' -}�,"";� l '� ` ' ''T�" r"/ -s • M V 1�7.RR^� , F ` .. . ' 614W !Ai y 4�a" TRIDENT Pik_ 71 iKI+�+A ,�,,,,,teyca,�",,,,,�.y_i��j��.�tU1NOERl�y 14v"! H'), 'e-w" c in---0,0" c' ayt wc- ® ,'f r +e v1'a ti mom KoDIAK Y• ti,r , `i llt It -,a0r .' as � , r ".a� _- "'' FISHERIES RESEARCH CENTER 7 1 �.e '��r .r r�- % PROPOSED KODIAK NEAR CI � ✓ ISLAND RESEARCH FACILITY CO 600' 0 H 0 D P !1 Kodiak _•,> .. , Project Site Attachment 'C' Case No. 11 -019 Appendix Page 5 of 9 rie - P &Z Public February 16 , 201 7 D KODIAK ISLAND BOROUGH ORDINANCE NO. 88 -01 -0 ISLAND pgOH THE EXISTING B-- BUSINESS, OF THE KODIAK ISLAND BO DISTRICTS Op , BOROUGH B--BUSINESS, I-- INDUSTRIAL, SANDY REZOA1NG NEAR USE LANDS AS SHOWN ON THE ATTACHED /-- INDUSTRIAL. TRIAL' C CONSER VA TION,Agp C--CONSERVATION L-- PUBLIC USE WHEREAS, the Intent of this rezoning ordinance is to implement the Near Island Comprehensive Development Plan by bringing the zonin g of Near Island Into conformance with the Plan; and WHEREAS, the specific intent of the Near Island Task Force, the Near Island Development Authority, the City of Kodiak, and the Kodiak Island 8 Planning and Zoning Commission is to establish the boundar y between the channel greenbelt and adjoining oOOperclal de signations as the crest of therefore: The Kodiak Island Borough Assembly hereby ordains that: Section 1: Near Island is rezoned from the existing B-- Business, (--Industrial, and C-- Conservation des ignations to B-- Business, I-- Industrial, C-- Conservation, and P L — public Use Lands as shown on the attached map. Section p• Specific Zoning District boundaries will be established at the time a final plst(s) is filed, subject to the specific intent above, using the attached map as a stated guideline. Section l; � • 3: The official zoning map shall be updated to reflect this rezoning. Section 4: This ordinance shall be In full force and effect upon passage and adoption. PASSED AND APPROVED THIS 4 DAY OF February --- •--�_, 1 988. KODIAK ISLAND BOROUGH BY Jerome Se y L� bY. Boroug / / J�Y� BY /4 - t C�.!.CC A T: Lorne fits, Presiding Of ices BY (-)Kt. • n . ye veu;rl. a, Hot. gh Clark C a F First Reading, Approval Date: Second Reading, public Nearing, Approval Dete: Effective Date: T January 1988 4 Febru 1988 Distribu tionL 4 Fabrua 1588 I Assessing Department Community Development Department Engineering Department ORDINANCE 88 -01 -0 PAGE 1 OF 1 Case No. 11 -019 Appendix Page 6 of 9 / - %N'f.li b NO � ! n3i- .HV3ne IP , p ': 3n1 }.9 Q3naaa V SY *•••• �,a�60 N. ‚C Q ' . i b • 0 �/ •ID ' taro 9 t _ I (�f c - • cp I a Z p —. T o i y , # . p 4'1 CO r' \v aM p f ;i� D L i T.t; �. 'r` ,„ p %''� ^ LA `FY /� o "),--_ - 7 CD n .00Z'.) M°'s �i e 7 z, ml . 1, t1i N; 1. 1 ' 7 R. gyyg�p �`4 31 11. . ,- " 1 y �N 4- \ ) - ' „a • 4,111/2b __ _� L.. . G• i f °� - Sl , . •' �� \ s \ l 'log'. C � - - A r ' � r . . \ 3� y • < ' l { 1 i ! _ b r m i t x S -ei • - 4 � ` � ,� a3, ; / p s d.. tt, - --./ _ - n j -' i� ;l /! ,.� i � � � � \-£ `QO j" /N01 �v tvzi - 35 �.g7: , 1 _ 'i� - 7 '35n 5 nd ma ' _ � r J a t' I IS Q • c� /HN3 H12fON . y *� _.. - oz 11 F 1 � 2 - y. `j ' �_ rJ Ss9r■sn a 111 v ` �% - \ . /.�. -,C _ co s, . v3, ....ry �— Ar Q ?O - m NJ 3 ,o Public Hearing Item 7 - D P &Z February 16, 2011 r n 1 ! r. t 9 1 KODIAK ISLAND BOROUGH . ORDINANCE NO. 80- 4 -0(a) All ORDINANCE OF THE KODIAK ISLAND BOROUGH REZONING THE LANDS ON J 0 01 ISLAND, USKI ISLAND AND NEAR ISLAND. I BE IT ORDAINED BY the Kodiak Island Borough Assembly that: section All of the lands on Gull Island and Uski Island are hereby rezoned from conservation to industrial. section The lands on Near Island are hereby rezoned as follows based upon the Tract designations depicted on the preliminary plat dated January 24, 1980 with revisions dated January 29, 1980. INDUSTRIAL Tract C 51.8 acres Tract 0 10.7 acres BUSINESS Tract 8 22.0 acres Tract F 11.0 acres Tract H 7.3 acres Tracts A, E, G, and I shall remain zoned conservation and further be overlayed with a service and recreational use classification. PASSED AND APPROVED this lst_ day of February 1980. KODIAK - ISLAND BOROUGH Deputy Borough Mayor ATTEST tr: � dd1t or ug C FIRST READING DATE: January 24, 1980 SEG READING, PUBLIC HEARING DATE: February I MD EFFECTIVE DATE: February 1. 1980 REQUESTED BY: City of Kodiak I FEET OF ORDINANCE REVISED BY: Planning Department January 31, 1980 II °ECO9 NDATIDN: The Plannin. and Zonin. Commission recommends this Ordinance be N kd as revised on January 31 1980 119 ARED BY: Planning Department I II Case No. 11 -019 Appendix Page 8 of 9 Public Hearing Item 7 - D P &Z February 16, 2011 e l I ' I r ? 9 I el KODIAK ISLAND BOROUGH ORDINANCE NO. 80- 3 -0(a) AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING THE CpQREHENSIVE LAND USE PLAN AND RECLASSIFYING THE LANDS ON NEAR ISLAND, GULL IS- ;LAND AND USKI ISLAND. WHEREAS, on January 7, 1980, the City of Kodiak requested the Plan- n ing and Zoning Commission rezone the lands on Near Island. And; WHEREAS. Alaska State Statutes Title 29 and Title 17 of the Kodiak I ' Island Borough Code of Ordinances require that all rezoning of land be consis- tent with the adopted Comprehensive Plan. And; WHEREAS, in 1974 a Comprehensive plan for the development of Near Island was prepared but never adopted by the Borough Assembly. And; WHEREAS, the Planning and Zoning Commission has reviewed this plan and recommended the lands on Near Island, Gull Island and Uski Island be re- classified as set forth in their Resolution No. Z -80 -005. NOW THEREFORE BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1: The Comprehensive Land Use Plan effecting the lands on Near Is- land are hereby classified as set forth in Section 2 of this Ordinan e. Section 2: All of Gull Island and Uski Island and proposed Tracts C and D on Near Island are classified for industrial use. Tracts B, F, and H on Near Island are classified for business use. Tracts A, E, G. and I are classified for public open space and recreational use. PASSED AND APPROVE this 1st day of Fehruary , 1980. KODIAK ISLAND BOROUGH BY. / m,' ""--44-` Deputy Borough .yor ATTEST o BY. i .. FIRST READING DATE: January 24, 1980 SECOND READING, PUBLIC HEARING DATE: February 1, 1980 EFFECTIVE DATE: February 1, 1980 R EQUESTED BY: City of Kodiak TEXT OF ORDINANCE REVISED BY: Planning Department on January 31, 1980 R ECOMMENDATION: The Planning and Zoning Commission recommends this Ordinance Case No. 11 -019 Appendix Page 9 of 9 COMMISSIONER SCHMITT MOVED to grant a Variance, according to KIBC 17.195 and KIBC 17.80.040.A, to allow for an encroachment of the principal dwelling structure a maximum of .3 feet (approximately 3.6 inches) into the required 25 -foot front yard setback in the R2 -Two- family Residential zoning district., and to adopt findings contained in the staff report dated February 4, 2011 as "Findings of Fact" for Case 11 -018. The public hearing was opened & closed: There was no public testimony. Brief discussion FINDINGS OF FACT 17.195.050 A.1. Exceptional physical circumstances or conditions applicable to the pronerty or intended use of development. which generally do not apply to other properties in the same land use district, This parcel exhibits exceptional conditions applicable to the property or its intended use in the form of a pre- existing construction oversight. 17.195.050 A.2. Strict application of the zoning ordinances would result In ma tc ical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in unnecessary hardship in the form of a stigma attaching to the property title. 17.195.050 A.3. The granting of the variance will not result in material damages or preiudice to other properties in the vicinity nor be detrimental to the public's health. safety and welfare, Granting the variance will not result in material damages or prejudice to other properties in the vicinity. The property has been developed as a residential duplex and exhibits characteristics similar to other neighborhood properties developed in a like manner. Connected to the existing municipal water and sewer utilities, the public's health, safety, and welfare are ensured. 17.195.050 A.4. The granting of the variance will not he contrary to the objectives of the Comprehensive Plan, Granting of the variance will not increase existing density or alter any permitted land uses, and is not contrary to the objectives of the Comprehensive Plan which designates this area as Medium Density Residential. 17.195.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused the conditions for which relief is being sought by variance. 77.195.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The requested variance will not permit a prohibited use in the applicable zoning district. The existing use as a residential duplex is a permitted use in the applicable zoning district ROLL CALL VOTE ON MOTION CARRIED 6 -0. uj case 11 -019. Request a Rezone, according to KU% 1 /.2us, 1 /.su ana 1/.130, to rezone a 2.66 acre portion of Tract B -1A, U.S. Survey 4947 from C- Conservation to PL- Public Land Use, in order to allow the eventual development of a new Alaska Department of Fish & Game office and research building to be located on the same lot as the existing Kodiak Fisheries Research Center (KFRC). The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The location is 200 Trident Way and it is zoned C- Conservation. Cassidy stated the borough is adding on a piece of property adjacent to an existing lot to make it a larger lot for the construction of a new Fish & Game building on Near Island. Staff recommends the rommi ' . . •t... • • u u • • • . . • i • s : • u • for approval of the rezone 2/16/2011 P &Z Minutes Page 6 of 13 In response to COMMISSIONER JANZ' inquiry about the trails, Cassidy stated we couldn't find any information but COMMISSIONER WATKINS can probably give you more information. COMMISSIONER JANZ MOVED to recommend, according to KIBC 17.205, 17.50 and 17.130, the rezone of a 2.66 acre portion of Tract B -1A, U.S. Survey 4947 from C- Conservation to PL- Public Land Use, in order to allow the eventual development of a new Alaska Department of Fish & Game office and research building to be located on the same lot as the existing Kodiak Fisheries Research Center (KFRC); and to adopt the "Findings of Fact" in the staff report dated February 4, 2011 in support of this recommendation. The public hearing was opened & closed: There was no public testimony. COMMISSIONER WATKINS stated there are 2 main trail paths that come across this Tract B -1; the first one picks up across from the scientist's housing at the fire hydrant where the trail leads into the woods and climbs up towards the adjacent lot where it says vacant. It runs into some switchbacks back towards the Near Island facility and then meanders the lot line running towards the corner of our new rezone up by the gazebo and then it runs into Rotary Park. The other one is down more towards the waterfront edge and follows the fence line put in by Trident Basin which is Tract F, U.S. Survey 2261 and follows around the dog leg in the fence on the side where we're looking at the rezone and then curls up into the end of the parking lot for the existing building. The jist of the conversation with staff today was that we don't put easements on borough land, and Watkins is not sure about that point. We put easements in right -of -ways and he's concerned that if we don't get easements on these trails as this land gets divided up and sold we are going to lose our footing on the trails. For this project to work it will have to come back to us again and then we can address easements for when Fish & Game take over that property we can get easements at that point. Watkins 'concerns now are to make sure we keep our easements on this lot. The other thing is because we don't have easements for the trail we've lost several cycles of grants for trail improvements so if we have an easement that shows that the trail has been used for more than 10 years then we're open to grant money that's been on the table for the last 2 years. The board has been asking why we aren't doing this when we have people to do the work and money available. In response to COMMISSIONER SCHMITT'S inquiry of it was his understanding that the borough is going to retain this property and lease it to the state, similar to what they are doing next door, is that correct, Cassidy stated any disposal of land either by sale or lease has to come back to the commission for review. An easement is the right to cross someone else's land and you can't have a borough trail easement across a piece of borough land. If it becomes Fish & Game then that's the time to attach an easement He thinks once the Trails Plan is done that's the document adopted by the Assembly that shows that we have priority trails in the community. In response to COMMISSIONER JANZ' inquiry re: she read in the staff report that if where the building was built and it impeded a trail that every effort was going to be made to redirect the trails, is that correct, Cassidy stated that we have not found anything that shows the trails in relation to the buildings being constructed. The entire lot is not going to be developed and the thinking is that it isn't going impact the existing trails. COMMISSIONER KING told COMMISSIONER JANZ that what she's looking for is on page 3 of 9 in the lower right hand box that says an informal pedestrian trail will be realigned if necessary for the new development. COMMISSIONER WATKINS' stated the landscape architect and the building architect are aware of where both trails are. They are interested in having a junction from the building to log into that trail system for the people working there. FINDINGS OF FACT A. Findings as to need and justification for a change or amendments; A rezone of Tract B -lA United States Survey 4947 removes the administrative ambiguity that arises 2/16/2011 P &Z Minutes Page 7 of 13 due to a "split -lot zoning" configuration. A rezone of Tract B -1A United States Survey 4947 exemplifies good planning practices. 13, Findings as to the effect a change or amendment would have on the objectives of the comprehensive plant and A rezone of Tract B -1A United States Survey 4947 is fully compatible with the objectives of the Kodiak Island Borough 2008 Plan Update. A rezone of Tract B -1A United States Survey 4947 is generally consistent with the objectives of the 1987 Near Island Comprehensive Development Plan. C. Recommendations as to the approval or disapproval of the change or amendment The Kodiak Island Borough Planning & Zoning Commission recommends that the Kodiak Island Borough Assembly approve the rezone of that portion of Tract B -1A United States Survey 4947 currently zoned C - Conservation Zoning District Iq PL- Public Use Zoning District. ROLL CALL VOTE ON MOTION CARRIED 6-0 E) Case 511- 007. Request preliminary approval of the Vacation of a portion of the Perenosa Drive right -of -way, according to KIBC 16.60, a maximum of 30 feet in width, and predominantly affecting the southwest side of the right -of -way from the centerline between Tugidak Court and Sharatin Road per the sketch plan submitted on December 29, 2010. The applicant is Robert W. Barton, Et al. The location is 3390, 3410, and 3424 Tugidak Court, 3551 and 3573 Sitkinak Drive, 3333 and 3469 Sharatin Road and the zoning is R3- Multifamily Residential. Cassidy stated this case results from a number of contacts made by the Resource Management Officer to folks who are encroaching into the un -built right -of -way of Perenosa Drive. As a result of the letters we met with a number of owners on how to resolve the issue and one of the options was to request a vacation of the right -of -way. The Code requires the burden of proof is on the applicants to show that "there is no public value to the right of way." The commission has seen this request in the past and voted it down. Staff continues to have concerns about vacating the ROW. Staff contends that there remains public value in retention of this right of way: There is still a need for a secondary access in an area that only has one way in and one way out; and, there continues to be a need to do a road analysis for all the undeveloped ROW's to determine if there are alternatives. Staff recommends that the neighbors should work with the Resource Management Officer to see about acquiring a permit to use borough lands and not recommend to the assembly to vacate any of part of that right -of -way. In response to COMMISSIONER SCHMITT'S inquiry of the Strategic Plan that was adopted by the assembly that talks about Parks & Recreation Goals and Objectives -Item 1 says to evaluate and identify those lands under borough ownership that would he appropriate for developed or passive parks and recreation facilities, and then sub - paragraph A says review urban areas for potential neighborhood pocket parks in areas of growth, is this right -of -way the sort of thing you might be looking at, Cassidy stated we have a park of sorts along Katmai, another part of Perenosa where there is land set aside for a park so that's another kind of use these right -of -ways can be used. It's important because there aren't a lot of pocket parks or neighborhood parks in these areas and that certainly is a potential use. In response to CHAIR TORRES' inquiry of the park by the Christian School, that right -of -way was not vacated it's just that park is just built in the right -of -way, Cassidy said if you are talking about the Christian School and Katmai there's a basketball court and a community park in the right -of -way there and it was not vacated. In response to COMMISSIONER WATKINS' inquiry on the motion we have the vacation of a portion of Perenosa because the application was for a part of it but don't we have to vacate the whole of Perenosa to make that work, Cassidy stated that's correct, 30 foot in width, you can vote it down or make a motion to vacate the entire right -of -way. In response to COMMISSIONER WATKINS' inquiry if we can legally vacate part of the right -of -way or 2/16/2011 P &Z Minutes Page 8 of 13 KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 17, 2011 REGULAR MEETING ITEM NO: 13.D.1 TITLE: State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Application for The Rendezvous, Lic. #2639, (Beverage Dispensary), 11652 Rezanof Way, (Applicant: Toni Munsey and Val Flinders). SUMMARY: 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued non - objection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly After the Clerk's office routine investigation, it has been determined that the Borough will voice protest based on unpaid taxes. APPROVAL FOR AGENDA g '•//' RECOMMENDED MOTION: Move to voice PROTEST to the State of Alaska Alcoholic Beverage Control Board for the renewal application for The Rendezvous, Lic. #2639 (Beverage Dispensary) (Applicant: Toni Munsey and Val Flinders) based on unpaid taxes. State of Alaska Department of Public Safety rt.ru , c u: Dric even c C t M ®al `tL.3.S . Sean Parnell; Governor Joseph A. Masters, Commissioner February 9, 2011 Renewal. Application Notice r du Sr D' x011 Kodiak Island Borough X � , /} Attn: Borough Clerk VIA EMAIL: njavier(Tkodiakak.us DIM Lic Type Lic# Owner Premise Address Beverage Toni Munsey & Val The Rendezvous Dispensary 2639 Flinders 11652 Rezanof Way Beverage Eugene's Restaurant Dispensary 3480 Eugene's Inc. 202 E Rezanof Drive We have received a renewal application for the above listed licenses (see attached applications) within your jurisdiction. This is the notice as required under AS 04.11.520. Additional information concerning tiling a "protest" by a local governing body under AS 04.11.480 is included in this letter. A local governing body as defined ,under AS 04.21.080(11) may protest the approval of an application(s) pursuant to ASO4.1.1.480 by furnishing the hoard and the applicant with a clear and concise written statement of reasons in support of.a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protestis! "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, . if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330 -44.62 -630. IF THE APPLICANT REQUESTS A HEARING; TIIE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST, Under AS 04.11.420(a), the board may not issue a license or pennit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has - beenapproved. Under.. AS 04.11.420(b) municipalities must inform the board of . zoning regulations or ordinances which.prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by . zoning regulation of ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community cotincil(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the Alcoholic Beverage Control Board 5848 E Tudor Rd - Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13.AAC 104.660(e) must he approved by the governing body. Sincerely, SHIRLEY A, GIFFORD Director Lawn-vv Edadea' Lauren Edades Records & Licensing Supervisor 269 -0359 Lauren.edades @alaska.gov ) C$ € d j Alcoholic Beverage Control Board 5848 E Tudor Rd - Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 I ,,:,&f. F' ,* Kodiak Island Borough � , Office of the Borough Clerk k� . 710 Mill Bay Road K ;cA r 4 7 Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 MEMO TO: Rick Gifford, Manager Finance Director t/ Assessing Department Director Building Official Community Development Department Director Fire Marshall Engineering and Facilities Department Director FROM: Nova M. Javier, MMC, Borough Clerk DATE: February 9, 2011 SUBJECT: Liquor License Renewals The Alaska Beverage Control Board has notified the Kodiak Island Borough of liquor license renewals for the following business and licenses. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the clerk's office by Friday, February 18. Per KIBC 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal. Lie. DBA License Type Location Licensee Protest it Yes No Beverage 11652 Rezanof Toni Munsey & Val 2639 The Rendezvous Dispensary Drive Hinders Eugene's Beverage 3480 Restaurant Dispensary 202 E Rezanof Drive Eugene's. Inc. • The Fj - :,- r.e Department has an The 'Fr1 c . Department has NO interest in the following license renewal(s), which interest, which can be protected by 9rotesting the can be protected by protesting the application for application for renewals. JP renewals.. Please indicate the license(s) and the ei t interest(s) to be protected: Signature: — MQitl Ordc4r Signature: 7' �.L�t (cdr Date: A`)fell 2 zt� j Date: � Ili 44 72 1.4,/ erzg � 01-,c. 4)/ ttl-a u:,tc, • Delinquent Notice MB q a ;propert 12 „ '" 'u ' Property ID: 22520 Type: Real Kodiak Island Borough Finance Geographic ID: R9004010250 Ph: 907 Legal Acres: 1.3800 710 Mill Bay Road Kodiak, AK 99615 Legal Description: RUSSIAN CRK.BK 1 LT 25A -1 907486 -9323 Sites: 11652 W REZANOF DR KODIAK, AK 99615 DBA: Adj. Codes: The amount due is based on the date payment is made. See KODIAK RENDEZVOUS, INC Payment Schedule below for amount due. 734 WILLOW CIR KODIAK, AK 99615 _ Write in Amount Paid: Please Separate and Return Top Portion Property ID: 22520 Owner: (11053) KODIAK RENDEZVOUS, INC 734 WILLOW CIR Geographic ID: R9004010250 KODIAK, AK 99615 Legal Acres: 1.3800 Legal Description: RUSSIAN:CRK BK LT 25A -1 Pct Ownership: 100.0000000000 a9"''" + v Total Due rf paid bilge z r) e 4 iLi ttr l 1. T:° }a i mrd Year "Stmnt ID Taxing Unit Taxable Value Tax Rate Base Tax February 2011 March 2011 April 2011 2010 5063. Womens Bay; Fire Ser 209,700.00 0.125000 $250.80 $250.80 $252.85 $255.36 2010 5063 Kodiak Island Borough 209,700.00 1.050000 $2,106.64 $2,106.64 $2,123.90 $2,144.97 Total: 2,357.44' $2,357.44 $2,376.75 $2,400.33 PetitionforJudgm'ent of Foreclosure has been filed on this property A complete delinquent list can be found at www.kodlakak.us FAILURE TO RECEIVE A'BILL DOES NOT ALTER DUE DATE Collections Audit Trail Property 22520 Year 2010 2/28/2011 4;13:24 PM Page 1 Date User Name Year Type Action Amount Base tax. Balance 2010 L Levy 2,463.98 2,463.98 2,463.98 2/14/2011 FICASH 2010 P Payment - 451.50 - 106.54 2,357.44 True Automation, Inc. KODIAK ISLAND BOROUGH AGENDA STATEMENT MARCH 17, 20011 REGULAR MEETING ITEM NO: 13.D.2 TITLE: Confirmation of Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC.) SUMMARY: Mr. Iver Malutin's term on the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) expires May 2011. A courtesy letter was sent out to the different villages soliciting recommendations for appointment and none was received. Mr. Malutin has indicated with the Clerk's office that he is interested in continuing to serve on the board for a two -year term. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to confirm the mayoral appointment of Mr. Iver Malutin for a two -year term on the Prince William Sound Regional Citizens' Advisory Council. Kodiak Island Borough r h �- Pir Office of the Borough Clerk �� n 710 Mill Bay Road ` L �` ' 7 Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Email: njaviern,kodiakak.us Website: www.kodiakak.us February 8, 2011 Dear Village Mayors and Representatives: I am forwarding the attached letter from the Prince William Sound Regional Citizens Advisory Council (PWSRCAC). Mr. Iver Malutin is the current Kodiak Village Mayor's Association representative and his seat is due to expire soon. Mayor Selby would like to solicit any recommendations from the Village Mayors and Representatives before making his appointment for this two year seat. Please submit your recommendations by Tuesday, March 1, 2011 to the Office of the Borough Clerk. You can fax it, email it, or mail it to the Borough Clerk's Office. We appreciate your input. Please call me if you have any questions regarding this appointment. Sincerely, Kodiak Isla 8'Borough i t Nova . v ' - r, A MC Borough Clerk Enc. N.ILL 1 4 47 2 L� S ri t ti e * RCAC Regional Citizens' Advisory Council / "Citizens promoting environmentally safe operation of the Alyeska terminal and associated tankers." In Anchorage: 3709 Spenard Road / Suite 100 / Anchorage, Alaska 99503 / (907) 277 -7222 / FAX (907) 277 -4523 In Valdez: P.O. Box 3089 / 130 South Meals / Suite 202 /Valdez, Alaska 99686 / (907) 834-5000 / FAX (907) 835 -5926 February 4, 2011 MEMBERS Jerome Selby Alaska State Kodiak Village Mayors' Association chamber of 710 Mill Bay Road commerce Kodiak, AK 99615 Alaska Wilderness Dear Mayor Selby: Recreation & Tourism Association The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is writing to advise you that Iver Malutin's term on our Board of Directors expires at our May 5 -6, 2011, Chugach Alaska annual meeting in Valdez. Corporation The dedicated seat for the Kodiak Village Mayors' Association is its opportunity to City of Cordova influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. We greatly value your City of Homer participation. City of Kodiak Kodiak Village Mayors' Association would best be served by a representative who: • understands her /his community, its needs, concerns and perspectives; City of Seldovia • has a rudimentary familiarity with oil transportation issues; • has a home and work schedule flexible enough to allow travel; City of Seward • is committed to our mission of promoting environmentally safe operation of the Alyeska terminal and associated tankers; and City of Valdez • seeks opportunities to foster cooperative relationships with citizens, industry and regulatory agencies. City of Whittier A PWSRCAC director can expect to devote an average of 10 hours a month on PWSRCAC communit of business. The full Board conducts three 2 -day meetings in January, May, and September. Chene Boy In addition, annual budget and planning meetings are held, as well as special meetings and opportunities to participate in commit lees or work groups. PWSRCAC staff provides Community of u s ort to board members whenever possible. Tatitlek PP I than US i Please it 4, of your for the Cordova District Please iaC:ilf ;: in writing, no later ll i- sjApril Y 2�i 1, Oi j.�ul selected individual tIl Fishermen United Kodiak Village Mayors' Association 's next two -year term on the PWSRCAC board. This individual will then be expected to attend our May 5 -6, 2011, meeting for confirmation. If Kenai Peninsula Iver Malutin will continue to be your representative, we ask that you still notify Borough PWSRCAC in writing. Kodiak Island If you have further questions about the PWSRCAC or the responsibilities of its directors, Borough please don't hesitate to call. Thank you for your cooperation, and we look forward to the Kodiak Village Mayors' Association 's continued valuable contribution. Kodiak Village Mayors Association Sincerely, Oil Spill Region Environmental jI I I/�/I i l/1 /ln Coalition 1 YV.-V �/ Je . 'fer Fleming U C H W I E Port Graham Executive Assist ant Corporation Cc: Ivor Malutin _ FEB - 7 2011 1.J Prince William Sound Aquaculture Corporation KIR MANAGER 0 Printed on Recycled Paper ` I c.t —(,Q (o KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular V Special Date: 0 I o - tOII Convened: Recessed: Reconvened: Adjourned: BY: BY: T v BY: BY: \itRifr BY: f SECOND: SECOND: Sk ..0 P SECOND: SECOND: , / nl _ SECOND: p u s friu A6\17 ■ , \ii\e:- . 9011-12. �\ (�� ()t‘P qi ' - . •YES NO > YES - NO YES NOF. YES ' NO ...,,, ..YES 'NO • Ms. Austerman ✓ Ms. Austerman Ms. Austerman Ms. Austerman, V Ms. Austerman ✓ Mr. Friend ✓ Mr. Friend Mr. Friend Mr. Friend � V ✓ Mr. Friend Ms. Fulp V Ms. Fulp Ms. Fulp Ms. Fulp V. Ms. Fulp Ms. Jeffrey / Ms. Jeffrey Ms. Jeffrey Ms. Jeffrey / Ms. Jeffrey Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓ ✓� Mr. Kaplan Ms. Lynch ✓ Ms. Lynch Ms. Lynch Ms. Lynch / Ms. Lynch t / Ms. Stutes ✓ Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes 'MANGE OF VOTE? HANGEOF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?, _ TOTAL: TOTAL: TOTAL: TOTAL: Cl 0 TOTAL: - The mayor may1 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 assembly. Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET / Regular �/ Special Date: 03 In Convened: Recessed: Reconvened: Adjourned: g .7 017 BY: Tf o^IK BY: th37,01 BY: f r 1 BY: J BY: V SECOND: J 1 I SECOND: (( /.II SECOND: c I SECOND: : _ , / SECOND: Q ■1 / 6� /l/`� lJ a\ Vi-e-,./ re 0,, v 636 e\ ..„, . . YES NO YES NO YES NO . YES NO . YES NO Ms. Austerman V. Ms. Austerman V Ms. Austerman , / Ms. Austerman / Ms. Austerman Mr. Friend , / Mr. Friend Mr. Friend V V Mr. Friend l< Mr. Friend Ms. Fulp y� 1/ Ms. Fulp V� Ms. Fulp 1 / Ms. Fulp Ms. Fulp Ms. Jeffrey f Ms. Jeffrey 4 ✓ Ms. Jeffrey / Ms. Jeffrey f Ms. Jeffrey Mr. Kaplan / Mr. Kaplan ✓ Mr. Kaplan 7 Mr. Kaplan V Mr. Kaplan Ms. Lynch V � Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch ijj / Ms. Lynch Ms. Stutes V Ms. Stutes ✓ Ms. Stutes / Ms. Stutes 1/ Ms. Stutes ±CHANGE OF VOTE? HANGE OF VOTE? CHANGE AN OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?I TOTAL: 9 0 TOTAL: CI 0 TOTAL: 1 0 TOTAL: 1� 0 TOTAL: The mayor may 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 assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Kodiak Island Borough Assembly Regular Meeting Guidelines March 17, 2011, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION ` DG 6 4-o Captain • n of th alvation Army. a S 2. PLEDGE OF ALLEGIANCE Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 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. Recommended motion: Move to excuse any Assembly member who is absent. 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. Summary of Consent Agenda Items: *Resolution No. FY2011 -23 Supporting the 2011 Legislative Priorities of the Alaska Commission on Aging. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Kodiak Beautification Awards - Mayor Selby B. Student of the Month for February 2011 — Mayor Selby • Hazel Mae de los Santos — Senior, Kodiak High School Kodiak Island Borough Assembly Guidelines March 17, 2011 Page 1 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. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2011 -12 Amending Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization. Recommended motion: Move to adopt Ordinance No. FY2011 -12. Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local is 486 -3231. 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2011 -25 Kodiak Middle School Gym Roof Seismic Upgrades. Recommended motion: Move to authorize the manager to execute Contract No. FY2011 -25 with Alutiiq International Solutions, LLC. of Anchorage, Alaska for the Kodiak Middle School Gym Roof Seismic Upgrades Project in an amount not to exceed $334,158. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 17, 2011 Page 2 B. Resolutions 1. *Resolution No. FY2011 -23 Supporting the 2011 Legislative Priorities of the Alaska Commission on Aging. C. Ordinances for Introduction 1. Ordinance No. FY2011 -13 Rezoning a Portion of Tract B -1A, U.S. Survey 4947 (Near Island) From C- Conservation To PL- Public Use Zone. Recommended motion: Move to adopt Ordinance No. FY2011 -13 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Application for The Rendezvous, Lic. #2639 (Beverage Dispensary) (Applicant: Toni Munsey and Val Flinders). Recommended motion: Move to voice PROTEST to the State of Alaska Alcoholic Beverage Control Board for the renewal application for The Rendezvous, Lic. #2639 (Beverage Dispensary) (Applicant: Toni Munsey and Val Flinders) based on unpaid taxes. Staff report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Confirmation of Mayoral Appointment to the Prince William Sound Regional Citizens' Advisory Council (PWSRCAC). Recommended motion: Move to confirm the mayoral appointment of Mr. Iver Malutin for a two -year term on the Prince William Sound Regional Citizens' Advisory Council. Staff report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 17, 2011 Page 3 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Borough offices will be closed Monday, March 28, 2011, in observance of Seward's Day. The next Assembly work session will be held on Thursday, March 31, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, April 7, 2011. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 17, 2011 Page 4 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: k'hVC h i }, cQO( Please PRINT your name Please PRINT your name Soft/101 ��r r1 i ' ( 21\� -�S Excerpts from "Community Dimensions of Fisheries Catch Share Programs" From a National Panel convened by Eco Trust Mar 15, 2011 Modifying Existing NOAA Programs There are several NOAA programs and practices that could be modified to provide financing solutions and related opportunities for fishing communities and other fishery participants interested in catch shares. One the most effective interventions would be for NOAA to ensure that the regional fishery management councils, entrusted with the implementation of catch share programs, take to heart the Government Accountability Office finding that "falllowing communities to hold quota is the easiest and most direct way under a catch share program to help protect fishing communities. "31 T he GAO makes an important distinction when noting that "[c]ommunities allowed to hold quota can obtain it through allocation when the program begins or at any time thereafter. "32 Since much of the economic benefits from catch share systems arise from the initial allocation, NOAA should direct councils to ensure that catch share programs are designed with explicit alternatives for making initial allocations of quota to communities, and for using existing or new community based entities for that purpose. Community allocations of fisheries quota should be of a significant and appropriate percentage so as to meet the needs of communities and the needs and status of regional fisheries. New Forms of Community Participation in Fisheries One area of significant innovation is the emergence of a new class of community based fishing entities, Community Fishing Associations (CFAs) — a concept currently being developed by some regional fishery management councils as a potential mechanism to support fishing communities as part of catch share programs. The MSA indicates that fishing communities can be recipients of catch shares (as limited access privileges, LAPs),24 and CFAs are being developed for this purpose. The allocation of quota share to CFAs can enhance the ability of catch share programs to meet economic, social and ecological requirements of current law and policy by: • Anchoring economic development in communities, with quota being a key asset in their portfolios of assets, • Maintaining employment and fishing heritage in coastal communities, and • Incorporating community sustainability plans with clear stewardship requirements. Guidelines for CFAs do not yet exist within NOAA , although discussions have begun.25The following is an effort to outline elements of potential guidelines for interested communities, NOAA , and the fisheries management councils. CFAs can be thought of as organizations of various corporate forms that are allowed to hold permits and quota on behalf of a defined community. Nationwide, about a dozen examples are already incorporated or undergoing formation, including the Cape Cod Fisheries Trust and the Port Orford Ocean Resource Team, discussed in more detail below. These groups may be formed around a common homeport or landing port and can include fishermen or other members of the community. Community -based fishing organizations such as CFAs provide new avenues for effective co- management, that is, cooperation between local groups engaged in the fisheries with government agencies in the management of public trust assets. A Community Fishing Association may be a partnership, a voluntary association or a non - profit entity established under the laws of the U.S. that is eligible to hold limited access privileges and distribute said privileges to permitted fishermen within the geographic community that the CFA represents. These entities should be beholden to the eligibility requirements and participation criteria for catch shares outlined in the Magnuson- Stevens Act, perhaps similar to the Regional Fishing Associations mentioned in the Act. Following the practice of new CFAs, they would recognize a suite of explicit community- related goals in their charters, including, but not limited to: 1. Mitigating the negative economic and social impacts of current transitions to catch shares in fishery management. 2. Providing affordable local industry access to fisheries resources. 3. Providing opportunities for qualified new entrants to the fishery. 4. Preserving traditional fishing communities and necessary onshore infrastructure. 5. Anchoring economic development, jobs, etc. in coastal communities. Catch shares are part of a larger portfolio of assets managed by CFAs, which may include processing infrastructure, retail, and related on- shore businesses. To be recognized as a CFA, an entity could be required to: 1. Meet community designation and membership requirements, such as local residency and percentage of time employed in fishing. 2. H ave the support of local governing entities (municipality, county, port district, etc.). 3. Develop an adequate community sustainability plan as required by the MSA for fishing communities that participate in limited access privilege programs. 4. Meet organizational and operational standards, such as demonstrating a viable business plan, metrics for assessing impacts to the resource, and capacity for transparency of this data. Emerging CFAs contemplate a variety of operational standards that position them to become responsible stewards of fisheries resources. Notable among these are open and transparent application and qualification criteria for the distribution of permits /quota to community fishermen. With regard to catch shares, CFAs would comply with existing and relevant leasing and transfer regulations that currently apply to individual permit - holders including lease reporting protocols, size -class or baseline restrictions, and other reporting requirements. In accordance with the MSA's provisions for fishing communities, CFAs should develop a community sustainability plan that "demonstrates how the plan will address the social and economic development needs of coastal communities.... "26 Such a plan should include the following: I . Specification of the organization's goals and objectives and the means by which it intends to meet those goals. 2. Description of how the CFA will contribute to the social, economic development, and conservation needs of the local fishery, including the needs of entry-level and small vessel owner - operators, captains, and crew. The description shall include anticipated efforts to address issues including the following as necessary to maintain the characteristic of the community or support its economic development: a) Sustaining regional fisheries; b) Crew, processing and seasonal employment opportunities; c) Local processing and ancillary business activity; d) Material and cultural fishing heritage; e) Entry of new participants in fisheries; f) Local infrastructure; and , g) Other local community and municipality needs. Articles > Business magazines > > National Fisherman articles > September 2010Trade magazines Article: Catch Shares and Fishing Communities. (Views from Alaska) by Terry Haines A federal regulation is like an arrow: It goes in much easier than it comes out. So far our regional fishery management councils have been wearing a blindfold as they shoot catch -share apples perched on heads of our nation's fishing communities. The catch shares program for Alaska's Bering Sea crab is a good example. Fleet consolidation has left a thousand skippers and deckhands on the beach, and access fees for those who still fish have topped 70 percent. This has caused unintended negative consequences on the economies of Alaska fishing communities. But now that banks and individuals have invested untold millions of dollars in shares, it is very unlikely the program will be altered significantly. Here in Kodiak the city pays for its fishing infrastructure through sales tax. Our docks and harbors and airports all operate by municipal subsidy. For instance, the city of Kodiak contributes $500,000 yearly to our harbor fund. It does so to keep fees reasonable for fishermen. Nearly a billion gallons of water is held in Kodiak reservoirs at taxpayer expense so fish processors can have plenty of clean, fresh water. The community does so because the fishing industry is its main economic and cultural driver. Both in terms of traditional dependence and in significant ongoing investment, communities like Kodiak are major stakeholders and they have been repeatedly recognized as such. In fact, the National Oceanographic and Atmospheric Administration has encouraged regional management councils to take advantage of the special community provisions in the Magnuson Stevens Act to help ensure the sustainability of fishing communities, including the preservation of working fishery waterfronts, fishery infrastructure, diverse fishing fleets, and resource access. But market restrictions, capital flight from access fees, and consolidation in the hands of absentee owners have bled money out of local economies, creating a dominoes - falling- backward effect that challenges a community's ability to provide a working waterfront by eroding its tax base. As our regional councils continue to develop catch share programs they must do what has not been done to date: bring communities on board as genuine stakeholders. To do so they must address the problem of data blindness. As independent contractors, working fishermen are not tracked by traditional means. It is the obligation of NOAA to set standards of socioeconomic data collection that will allow municipal representatives to engage the process by showing how their citizens and economies will be changed by a catch shares program. The state of Alaska has begun a crew data program that could well be a standard for a national data project. NOAA needs to reach out to state agencies to coordinate the gathering of this base economic data, which should be a precursor for any catch shares program. Fishing- dependent communities cannot afford to be blindsided by catch shares. They must do what they have not done: robustly engage the process on behalf of all their citizens, who have both a cultural and economic stake on the outcome. They must be informed and at the table. And they cannot afford to wait. A catch shares program is coming to a fishery near you. Fishing refugees excluded from one catch shares program invariably migrate to the next fishery, prompting cries for a catch shares fence around it, too. The catch shares apple is a tempting one. It can help our managers and fishermen do a better job. But there is a community of hard- working fishermen standing under it. NOAA and our regional councils must take off their blindfold and adjust their aim, or they will kill our fishing communities.