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2011-09-01 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, September 1, 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 A. *Regular Meeting Minutes of July 21, 2011, and August 4, 2011. 6. AWARDS AND PRESENTATIONS 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. FY2012 -05 Rezoning Tract C, Block 2, Ouzinkie Townsite Subdivision (U.S. Survey 4871), From R1- Single Family Residential To PL- Public Use Land. B. State of Alaska Alcoholic Beverage Control Board Request for NEW Liquor License Application for the Roads End, Chiniak, Alaska, License No. 5100 (Applicant: Janice & Norman Botz). 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2012 -10 Kodiak Landfill Baler Building Overhead Door Replacement Project. 2. Contract No. FY2012 -11 Project Management Software. 3. Contract No. FY2012 -13 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. B. Resolutions 1. *Resolution No. FY2012 -07 Appointing a Member to the Kodiak Fisheries Development Association. 2. *Resolution No. FY2012 -09 Authorizing the Approval of a Lease with the City of Kodiak for Office Space and a Proportional Share of Common Area Within the Kodiak Island Borough Building. 3. Resolution No. FY2012 -10 Authorizing the Submission of an Application to the Alaska Energy Authority Renewable Energy Fund Grant Recommendation Program, Round V, for Design and Construction of a Ground Source Heat Pump System in the Kodiak High School. C. Ordinances for Introduction 1. Ordinance No. FY2012 -06 Rezoning a Portion of U.S. Survey 2735 From RR1— Rural Residential 1 (One Acre) To RR2 —Rural Residential 2 (Two Acres) (Jay Johnston). 2. Ordinance No. FY2012 -07 Rezoning an Unsubdivided Portion of Section 28, Township 29S Range 20 West Seward Meridian From C- Conservation To RR2- Rural Residential Two Acres (Leisnoi, Inc.). 3. Ordinance No. FY2012 -08 Rezoning Property in Akhiok From RNC -Rural Neighborhood Commercial To PL- Public Use Lands. D. Other Items 1. State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Roads End, Chiniak, Alaska, License No. 5100 (Applicant: Janice & Norman Botz). 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Board Regular Meeting of June 21, 2011. B. Reports 1. Kodiak Island Borough School District Regular Meeting of July 25, 2011. 2. Kodiak Island Borough April 2011 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting July 21, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, July 21, 2011, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Jerrol Friend, Sue Jeffrey, Judy Fulp, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. JEFFREY moved to excuse Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting of June 16, 2011 and July 7, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Quarter Award to Jeanne Friel, Local Administrator for the Child Care Assistance Program in the Finance Department. Manager Gifford presented Ten -Year Longevity Awards to Alan Torres, Solid Waste Baler /Landfill Supervisor and to Lauri Whiddon, HR Officer /Executive Assistant in the Manager's Office. CITIZENS' COMMENTS Vikki Jo Kennedy spoke in support of the Animal Shelter and Borough funding. Cheryl Boehland spoke about the hawk weed in Kodiak and asked for community support in preventing the invasive weed from spreading. Kodiak Island Borough Assembly Minutes July 21, 2011 Page 1 COMMITTEE REPORTS Assembly member Kaplan reported that the Solid Waste Advisory Board had to reschedule its Wednesday, July 20, 2011, meeting due to a lack of a quorum. Assembly member Stutes attended a Southwest Alaska Municipal Conference (SWAMC) Board of Directors teleconference meeting on Thursday, July 21, 2011. PUBLIC HEARING A. Ordinance No. FY2012 -02 An Ordinance of the Assembly of the Kodiak Island Borough Placing the Question of the Adoption of a Sales Tax on the October 4, 2011, Regular Election Ballot. JEFFREY moved to adopt Ordinance No. FY2012 -02. At the October 6, 2009, general election, the registered voters of the Kodiak Island Borough approved a $76,310,000 general obligation bond for renovating and additions to the Kodiak High School. The Borough Assembly also established a fund for renewal and replacement of existing capital assets. This fund was being funded with interfund loans from the Facilities Fund which would be paid back over a period of 20 years. To make the payments on these bonds and the renewal and replacement interfund loans, the Borough needed to increase revenues about $4,000,000 per year. This equated to approximately 4 mills. By adopting a sales tax, the general public would help pay for these expenditures, not just the property owners. FRIEND moved to adopt Ordinance No. FY2012 -02 by substitution using the attorney's version. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED FIVE TO ONE: Friend, Fulp, Jeffrey, Kaplan, and Lynch (Ayes); Stutes (No). Mayor Selby opened the public hearing. Janet Wente, Vikki Jo Kennedy, Candy Ozols, Brandi Norkus, and Rhonda Maker spoke against Ordinance No. FY2012 -02. John Whiddon spoke to Ordinance No. FY2012 -02 and suggested that City and Borough officials address how money collected should be allocated for the long -term health of the Kodiak community. Mayor Selby closed the public hearing. JEFFREY moved to amend the substituted attorney's version of Ordinance No. FY2012 -02 to not exceed one percent (1%) for the calendar year, deleting April 1 through September 30. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO TWO: Fulp, Jeffrey, Kaplan, and Friend (Ayes); Lynch and Stutes (Noes). Kodiak Island Borough Assembly Minutes July 21, 2011 Page 2 FRIEND moved to postpone Ordinance No. FY2012 -02 as amended to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED FOUR TO THREE: Jeffrey, Kaplan, Fulp, and Selby (Noes); Lynch, Stutes, and Friend (Ayes). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FOUR TO THREE: Jeffrey, Kaplan, Fulp, and Selby (Ayes); Lynch, Stutes, and Friend (Noes). B. Ordinance No. FY2012 -03 Rezoning Proposed Tracts A, B, and C, Ouzinkie Harbor Subdivision, From R1- Single - Family Residential To I — Industrial (City Of Ouzinkie & Ouzinkie Native Corporation). JEFFREY moved to adopt Ordinance No. FY2012 -03. The City of Ouzinkie requested a replat of three waterfront upland and tideland parcels in order to facilitate the replacement of the existing wood pile dock with a new sheet pile dock that would expand the upland area available for waterfront uses. In the process of reviewing the preliminary plat in Case S11 -009, it was recommended that a rezone be initiated to accommodate the redevelopment of new waterfront and industrial uses as the existing zoning for this area was currently R1- Single- family Residential. The Planning and Zoning Commission initiated the rezone investigation on their own motion as a courtesy to the City of Ouzinkie in response to a written request from the mayor of Ouzinkie. After reviewing the applicable borough plans and holding a required public hearing on the request, the Commission found the request to be consistent with borough and community plans that were applicable to the area. Although there was a designation for "mixed use" in the plan, the current I- Industrial zone appeared to be the best alternative for accommodating the planned waterfront uses and activities. The improvements to the dock facility were being carried out during the construction season so that an expeditious review of this request would help to ensure that zoning was correct for the area before new upland and tideland uses were established once the harbor expansion project was concluded. An effective clause was also recommended by the Commission in order to ensure the application of the new industrial zoning coincided with the filing of the final plat for Tracts A, B, and C, Ouzinkie Harbor Subdivision. On July 11, 2011, thirty -six public hearing notices were mailed to residents and no responses were received. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, Fulp, and Jeffrey. Kodiak Island Borough Assembly Minutes July 21, 2011 Page 3 BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Kodiak Island Borough received notice and paperwork for grants for the following projects that were approved in the 2011 Legislative capital improvement projects list: 1. Anton Larsen Dock - $2 million 2. Chiniak Warning Sign - $45,000 3. Emergency Generators for Schools - $2,182,000 4. New Long -Term Care Facility - Planning and Design — $1,275,000 5. Womens Bay Tsunami /Emergency Shelter Construction - $1,025,000 • He would be out of the office July 25 -27, 2011, to attend an AML /JIA board meeting. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the National Association of Counties Organization (NACO) Annual Conference in Portland, Oregon, July 15 -19, 2011. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2012 -04 Road Maintenance and Repairs, Snow Removal and Sanding, and Small Projects Under $25,000 for KIB Facilities and Grounds. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised for road maintenance and repairs, snow removal and sanding, and small projects for KIB Facilities. Sealed bids were received and opened on June 3, 2011. Bids were received from MK Construction, B & R Fish By Products, and Golden Alaska Excavating. The bid price schedules were reviewed and compared. Each bid was submitted with price quotes for individual pieces of equipment to be used on the projects. The Borough Engineering and Facilities Department recommended awarding the bid to MK Construction. 2. Contract No. FY2012 -05 Road Maintenance and Repairs, Snow Removal and Sanding for Monashka Bay Road Service Area. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Monashka Bay Road Service Area. Sealed bids were received and opened on June 3, 2011. Bids were received from MK Construction, B & R Fish By Products, and Golden Alaska Excavating. The bid price schedules were reviewed and compared. Each bid was submitted with price quotes for individual pieces of equipment to be used on projects. The bid was provided to the Monashka Bay Road Service Area Board for review and recommendation. The contract named MK Construction as the Contractor of this work, and all invoicing, etc., would be provided through this Contractor. Kodiak Island Borough Assembly Minutes July 21, 2011 Page 4 3. Contract No. FY2012 -06 Road Maintenance and Repairs, Snow Removal and Sanding for Womens Bay Service Area. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Womens Bay Service Area. Sealed bids were received and opened on June 3, 2011. One bid was received from MK Construction. The bid was submitted with price quotes for individual pieces of equipment to be used on the projects specified in the above title. The bid was provided to the Womens Bay Service Area Board for review and recommendation. The contract named MK Construction as the Contractor of the work and all invoicing, etc., would be provided through this Contractor. 4. Contract No. FY2012 -07 Between the Kodiak Island Borough and the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2012. This item was approved under the consent agenda. The Kodiak Island Convention and Visitors Bureau (KICVB) provided destination marketing and tourism development for the Kodiak Island Borough for several years through its Marketing Committee. Funding support from the Borough and the City of Kodiak was used to support the KICVB. The Borough funded the KICVB from the Borough's bed tax revenue. This contract renewed this relationship for the 2012 fiscal year. The duties to be accomplished for this period were spelled out in the agreement. 5. Contract No. FY2012 -08 Road Maintenance and Repairs, Snow Removal and Sanding for Bay View Road Service Area. This item was approved under the consent agenda. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Bayview Service Area. Sealed bids were received and opened on June 3, 2011. Bids were received from MK Construction, B & R Fish By Products, and Golden Alaska. The bid price schedules were reviewed and compared. Each bid was submitted with price quotes for individual pieces of equipment to be used on the projects provided above. The bid was provided to the Bayview Road Service Area Board for review and recommendation. The contract named MK Construction as the Contractor of the work and all invoicing, etc., would be provided through this Contractor. Resolutions None. Kodiak Island Borough Assembly Minutes July 21, 2011 Page 5 Ordinances for Introduction 1. Ordinance No. FY2012 -04 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.105 Planning and Zoning Commission Section 2.105.010 Created — Membership; Title 2 Administration and Personnel Chapter 2.145 Solid Waste Advisory Board Section 2.145.010 Created — Membership; Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization; and Title 7 Elections Chapter 7.20 Qualifications of Voters and Candidates Section 7.20.020 Candidate Qualifications. JEFFREY moved to adopt Ordinance No. FY2012 -04 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance was requested by Assembly member Stutes to avoid possible or the perception of conflict of interest of employees serving on different boards. The ordinance set the parameters on what those limitations were by keeping in mind that a Borough employee should not be denied the opportunity to serve as a member of a certain Borough board or commission solely by reason of being employed by the Borough. This ordinance provided the specific qualifications for board membership for the Planning and Zoning Commission, Board of Equalization, and Solid Waste Advisory Board. This ordinance also addressed that Borough employees should not be denied the opportunity to serve on Service Area Boards. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUOSLY: Lynch, Stutes, Friend, Fulp, Jeffrey, and Kaplan. Other Items 1. Confirmation of the Assembly Appointment to the Womens Bay Service Area Board. JEFFREY moved to confirm the Assembly Appointment of Mr. Brian Hansz to the Womens Bay Service Area Board for a term to expire October 2013. There was one vacant seat on the Womens Bay Service Area Board with a term to expire October 2013. On May 18, 2011, the Clerk's office received an application from Mr. Brian Hansz for the vacant seat. The Womens Bay Service Area Board met on July 5, 2011 to review applications and the consensus was to recommend the sole applicant for appointment to the vacant seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Friend, Fulp, Jeffrey, Kaplan, and Lynch. CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Minutes July 21, 2011 Page 6 ASSEMBLY MEMBER COMMENTS Assembly member Stutes, Friend, Kaplan, and Jeffrey congratulated award recipients Jeanne Friel, Alan Torres, and Lauri Whiddon. Assembly member Friend thanked Cheryl Boehland for her information on the hawk weed and explained that he voted against Ordinance No. FY2012 -02 because he wanted an opportunity for more information and discussion. Assembly member Fulp reported on the presence of the Russian ship Pallada in Kodiak and she noted the value of the Kodiak swimming pool, parks, and hospital in Kodiak. Assembly member Lynch commented about her trip to Dig Afognak camp. She also requested that future work session agenda items include information on the debt the Borough has incurred including the landfill, along with potential sources of revenue and fees. Assembly member Jeffrey requested information on Borough land sales along with an inventory of private and public land that are available. Announcements Mayor Selby announced that the Assembly work session would be held on Thursday, July 28, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, August 4, 2011, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. The meeting was adjourned at 8:59 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes July 21, 2011 Page 7 KODIAK ISLAND BOROUGH Assembly Regular Meeting August 4, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, August 4, 2011, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Jerrol Friend, Judy Fulp, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly members Austerman and Jeffrey who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Susan Baker, Joan Brodie, Vicky Jo Kennedy, and John Miller spoke on the proposal for the Chiniak timber project. COMMITTEE REPORTS None. PUBLIC HEARING 1. Ordinance No. FY2012 -04 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.105 Planning and Zoning Commission Section 2.105.010 Created — Membership; Title 2 Administration and Personnel Chapter 2.145 Solid Waste Advisory Board Section 2.145.010 Created — Membership; Title 3 Revenue and Finance Chapter 3.35 Real Property Tax Section 3.35.050 Board of Equalization; Kodiak Island Borough Assembly Minutes August 4, 2011 Page 1 and Title 7 Elections Chapter 7.20 Qualifications of Voters and Candidates Section 7.20.020 Candidate Qualifications. FRIEND moved to adopt Ordinance No. FY2012 -04. This ordinance was requested by Assembly member Stutes to avoid the possible or perception of conflict of interest of employees serving on different boards. It sets the parameters on what those limitations were by keeping in mind that a Borough employee should not be denied the opportunity to serve as a member of a certain Borough board or commission solely by reason of being employed by the Borough. The ordinance provided the specific qualifications for board membership for the Planning and Zoning Commission, Board of Equalization, and Solid Waste Advisory Board. It also addressed that Borough employees should not be denied the opportunity to serve on Service Area Boards. Mayor Selby opened the public hearing. Brent Watkins expressed concerns regarding possible employee conflicts between loyalties to the Borough and the boards they may represent and urged that the seats held by Borough employees be kept to a minimum. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, and Stutes. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Addressed concerns raised regarding the funding from the government for wildlife refuges. The Borough Lobbyist would continue to monitor the budget and keep the Borough informed. • Results of the FY2011 Vehicle Disposal Program. • He would be out of the office until August 15. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby presented a gift from the Russian Tall Ship Pallada to the Borough to commemorate its visit to Kodiak. He also noted that the 2011 fishing reports were good and wished everyone a good summer. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Kodiak Island Borough Assembly Minutes August 4, 2011 Page 2 Resolutions 1. Resolution No. FY2012 -05 Authorizing the Records Manager to Dispose of Certain Kodiak Island Borough Records. This item was approved under the consent agenda. KIBC 2.40.160 provided for the destruction of records which were certified by the Clerk and Attorney as having no legal or administrative value, or historical interest. The list of records provided was not of historical, legal, nor administrative value, and met the minimum retention requirements. 2. Resolution No. FY2012 -06 Providing for the Issuance of Solid Waste Disposal Facility Revenue Bonds of the Borough for the Purpose of Providing Amounts to Acquire, Engineer, Design, and Construct Necessary Additions and Improvements to the Borough's Solid Waste Disposal Facility; and Providing for the Details Thereof. KAPLAN moved to adopt Resolution No. FY2012 -06. This resolution allowed the Borough to issue $3,640,000 of solid waste disposal revenue bonds to finance the initial architectural and engineering design work to enlarge the Landfill (Cell 1). At the time, the Borough planned to sell an additional $10,000,000 bonds to finish construction of Cell 1 at the Landfill. Manager Gifford and Finance Director Short provided additional information regarding content of the resolution. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Kaplan, Lynch, Stutes, and Friend. Ordinances for Introduction 1. Ordinance No. FY2012 -05 Rezoning Tract C, Block 2, Ouzinkie Townsite Subdivision (U.S. Survey 4871), From R1- Single Family Residential To PL- Public Use Land. FRIEND moved to adopt Ordinance No. FY2012 -05 in first reading to advance to public hearing at the next regular meeting of the Assembly. The Kodiak Kenai Cable Company requested permission to erect a microwave communication tower on Tract C of the Ouzinkie Townsite Subdivision in order to extend broadband voice and data services to Ouzinkie and Port Lions. This service would be comparable to the services that were brought to the Kodiak road system by the submarine fiber -optic cable which connected Kodiak with the mainland. The tower would be located on a parcel of land that was part of the school which housed the community's 250,000 gallon water tower. This location was also the access road to the facility. It was this area's elevation overlooking the community that made it important for utilities like water tanks and a communications tower. The future goal was to separate the area from the rest of the school site and dispose of the parcel to the City of Ouzinkie. The action to dispose of the land would occur at a future Assembly meeting. In the meantime, the PL- Public Use Zone was the proper zoning district for all the facilities located at the location as well as improvements at the school. The Planning and Zoning Commission held a public hearing on the request at its July 20, 2011 regular meeting and it was recommended to approve the rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, and Fulp. Kodiak Island Borough Assembly Minutes August 4, 2011 Page 3 Other Items 1. APPEAL TO THE ASSEMBLY An Appeal of the Planning and Zoning Commission's Decision of Case No. 511 -014 on June 15, 2011, Granting Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. Mayor Selby noted that eighty -one appeal hearing notices were mailed. Six responses were returned and provided to the Assembly. It was announced that the Assembly would decide the appeal upon the appeal record and the written and oral argument presented on the appeal. At the hearing before the Assembly, only persons who had submitted written argument on the appeal, testified before the Commission, or submitted written comments to the Commission were allowed to give oral argument. He outlined the order of the oral argument and announced that rebuttal would be limited to new evidence and testimony brought forward during private persons' comments. Mayor Selby also noted that failure to observe the procedures in the hearing would not affect the validity of the decision as long as the appellant had a reasonable opportunity to be heard. Mayor Selby announced that the following persons would be allowed to present oral argument on the appeal: Persons who have submitted written argument on the appeal: Amanda Breeden Peter and Eileen Lyse Martha Randolph Rick and Diane Langfitt Alan and Rose Wolf Michael W. Reuter William and Janet Arnold Testified before the Commission: Kevin Arndt Amanda Breeden Alan Wolf Submitted written comments to the Commission: None The order of oral argument was as follows: 1. Borough staff represented by Community Development Director Cassidy and Planning and Zoning Commissioner Brent Watkins. Community Development Director Cassidy introduced the case and explained staff's process in bringing the case to the Planning and Zoning Commission. He spoke on the conditions of approval of the access and setback requirements. Commissioner Watkins spoke on the Commission's judgment on the case. It was noted that the subdivision was up to code. Kodiak Island Borough Assembly Minutes August 4, 2011 Page 4 2. Appellant: Amanda Breeden The appellant presented her case on the appeal. The appeal was brought forward on behalf of the subdivision. It was noted that after the Commission meeting was held the residents understood that the future development of the subdivision would not be amenable to the nature of the area. Safety concerns were expressed regarding traffic, children, household pets, and solid waste issues. 3. Private person supporting the appeal: Diane Langfitt spoke in support of the intent of the appeal to address zoning issues and noted the safety issues to the subdivision should the development proceed as proposed. She urged the Assembly to request the Commission to rezone the area to R -2 Multi- family Residential. 4. Private person opposing the appeal: Kevin Arndt, owner of MK Enterprises and the requestor of the access request, spoke in support of the appeal. At the time, there was no access to the three lots from Sharatin and he clarified that the desire was not to build sixplexes in the subdivision as was stated by the appellant. Mr. Arndt addressed the safety concerns presented by the appellant. 5. Appellant, for rebuttal: There was no rebuttal presented. Assembly member Friend spoke on the nature of the appeal and requested clarification on the appellant's request. CDD Director Cassidy spoke on the process of the request to access the three parcels in the subdivision on a lot by lot basis with access via Sharatin Road and Wilton White Way and in compliance with the stipulations set by the Fire Marshall. FRIEND moved to affirm - IN WHOLE - the Planning and Zoning Commission's Decision of Case No. S11 -014 on June 15, 2011, Granting Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Friend, Fulp, and Kaplan. FRIEND moved to adopt the Findings -of -Fact of the Borough Assembly as stated in the Planning and Zoning Commission's Decision of Case No. S11 -014 on June 15, 2011, Granting Preliminary Approval, According to KIBC 16.40, to Amend Note(s) on Plat 2000 -8, Relating to Access and Front Yard Setback Calculations for Lots 7 Through 10 and 12, Block 2, Perez Estates Subdivision. Appellant: Amanda Breeden. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Friend, Fulp, Kaplan, and Lynch. Kodiak Island Borough Assembly Minutes August 4, 2011 Page 5 CITIZENS' COMMENTS Vicky Jo Kennedy spoke on the Chiniak Timber project and encouraged the Borough to sell land that it possessed. Mike Milligan spoke on the severance tax ordinance and noted that oil was not included. Mayor Selby noted that oil was a mineral resource. ASSEMBLY MEMBER COMMENTS Assembly member Stutes commended Major Sergeant Blacketer for his presence at the meeting, the Salvation Army for its non - profit success, and addressed concerns of Commission Watkins regarding Ordinance No. FY2010 -04. Assembly member Friend expressed concerns on the process of the Appeal to the Assembly. Assembly member Fulp appreciated the testimony presented and agreed with Mr. Miller regarding the Chiniak Timber proposal. Announcements The Assembly work session scheduled on Thursday, August 11, 2011, and the regular meeting scheduled on Thursday, August 18, 2011 had been cancelled. The next Assembly work session would be held on Thursday, August 25, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, September 1, 2011, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Kaplan, Lynch, and Stutes. The meeting was adjourned at 8:40 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes August 4, 2011 Page 6 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 9.A TITLE: Ordinance No. FY2012 -05 Rezoning Tract C, Block 2, Ouzinkie Townsite Subdivision (U.S. Survey 4871), From R1- Single Family Residential To PL- Public Use Land. SUMMARY: The Kodiak Kenai Cable Company requested permission to erect a microwave communication tower on Tract C of the Ouzinkie townsite in order to extend broadband voice and data services to Ouzinkie and Port Lions. This service will be comparable to the services that were brought to the Kodiak road system by the submarine fiber -optic cable which connected Kodiak with the mainland. The tower will be located on a parcel of land that is part of the school which houses houses the community's 250,000 gallon water tower. This location is also the access road to this facility. It is this area's elevation overlooking the community that makes it important for utilities like water tanks and communications tower. The future goal is to separate this area from the rest of the school site and dispose of this parcel to the City of Ouzinkie. The action to dispose of this land will occur at one of your future meetings. In the meantime, the PL- Public Use Zone is the proper zoning district for all the facilities located at this location as well as improvements at the school. The commission held a public hearing on this request at the July 20, 2011, meeting and is recommending approval of this rezone. 43 public hearing notices were sent out by the Clerk's Office. Any returned notices will be provided to the Assembly before the public hearing. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: k J Weal RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -05. Introduced by: Borough Manager Requested by: Community Development Department Drafted by: CDD Director 2 Introduced: 08/04/2011 3 Public Hearing: 09/01/2011 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -05 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REZONING TRACT C, BLOCK 2, OUZINKIE TOWNSITE SUBDIVISION (U.S. SURVEY 10 4871), FROM R1- SINGLE - FAMILY RESIDENTIAL TO PL- PUBLIC USE LAND 11 12 WHEREAS, the Kodiak Kenai Cable Company has requested permission to erect a 13 microwave communication tower on Tract C in order to extend broadband voice and data 14 services to Ouzinkie and Port Lions comparable to the services that were brought to the 15 Kodiak road system by the submarine fiber -optic cable which connected Kodiak with the 16 mainland; and 17 18 WHEREAS, Tract C is currently the site of Ouzinkie Community School and a 250,000 19 gallon water storage tank that was permitted by zoning Exception in 1987 and which was 20 accompanied by a disposal of interest in borough land for a portion of Tract C in order to 21 accommodate the water tower, access road and electrical utilities associated with the water 22 storage tank use; and 23 24 WHEREAS, schools are permitted use in the R1- Single- family Residential zoning district 25 and the water storage tank is now a nonconforming use, but a new tower for communication 26 purposes cannot be allowed in the R1 zone without a rezone to a more appropriate zone; 27 and 28 29 WHEREAS, the 2008 KIB Comprehensive Plan Update designates this parcel for public 30 use and the PL- Public Use Land zone is the typical zoning district of choice to implement 31 plan designations of this sort; and 32 33 WHEREAS, the commission held a properly noticed public hearing on this request at the 34 July 20, 2011, regular meeting and is recommending that the Assembly approve the request 35 to rezone Tract C, Block 2, Ouzinkie Townsite Subdivision from from R1- Single- family 36 Residential to PL- Public Use Land; and 37 38 WHEREAS, this request was found by the commission to be consistent with the borough's 39 comprehensive plan. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH THAT: 43 44 Section 1: This ordinance is not of a general and permanent nature and shall not 45 become a part of the Kodiak Island Borough Code of Ordinances; and 46 47 Section 2: Tract C, Block 2, Ouzinkie Townsite Subdivision is hereby rezoned from R1- 48 Single- family Residential to PL- Public Use Land. 49 Kodiak Island Borough Ordinance No. FY2012 -05 Page 1 of 2 50 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 51 are hereby confirmed as follows: 52 53 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. 54 55 The residents of Ouzinkie and Port Lions will benefit from this rezone if it allows the 56 development of new communications infrastructure that could make data and voice 57 communications less expensive and more capable thank current services. The extension of 58 these services may also benefit other areas around the community and marine vessels 59 transiting close to the community. Improving communications to and from the community 60 could also provide additional public safety benefits similar to those enjoyed on the Kodiak 61 road system where wire line communications are not currently available. 62 63 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the 64 Objectives of the Comprehensive Plan. 65 The Comprehensive Plan mentions the need and desire for economic diversity and 66 economic opportunity in the community. The comprehensive plan designates this area for 67 Public Use. A rezone from R1- Single- family Residential to PL- Public Use Land is consistent 68 with this designation which will make this site suitable for conforming government and 69 infrastructure uses in addition to the existing community school use, while eliminating the 70 nonconforming status associated with the existing public water storage tank and related 71 facilities. 72 73 17.205.020.C. Recommendations as to the approval or disapproval of the change or 74 amendment. 75 76 The commission recommends to the Borough Assembly approval of said rezoning of this 77 parcel. 78 79 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 80 THIS DAY OF 2011 81 82 KODIAK ISLAND BOROUGH 83 84 85 86 ATTEST: Jerome M. Selby, Borough Mayor 87 88 89 90 91 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -05 Page 2 of 2 FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value. spirit. character and integrity of the surrounding area Similar communication and utility facilities on Pillar Mountain and other locations such as the one connecting Narrow Cape and Pasagshak have existed for many years serving the Kodiak community with minimal conflicts. Conditions of approval to address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation is required to be maintained around the facility. Colors of structures and equipment will be subdued to blend in with the surrounding natural environment. If the facility is abandoned, the site will be cleared of equipment and structures and returned to a natural state. Any change of technology that would require new or different equipment that would change the essential visual character of the site or safety characteristics of the operation of the facility must be reviewed and approved by the Commission at public hearing prior to installation. Future conditional use reviews in this area will be based upon the cumulative impact of all established conditional uses in the area. 17.67.05 B. That the conditional use fu lfills all ot requirements of this ch pe to the conditiona u se in question. The conditional use will fulfill all the requirements of the C- Conservation zoning district. The site is above groundwater recharge areas and natural vegetation is required to be preserved to the maximum extent possible. In addition, all required setbacks will be maintained within the Ouzinkie Native Corporation exterior ownership boundary, which is far in excess of the minimum five (5) acre lot area requirement. llama conditional use permit will not be harmful to the public health. safety, convenience and comfort. This facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. All construction will meet standards of the Uniform Building and Fire Codes, and communication equipment will be installed and operated in conformance with applicable FCC regulations. 1 7.67.05 D. That sufficient setbacks. lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The site is well separated by distance, topography and vegetation from residential areas. The contiguous land ownership of the Ouzinkie Native Corporation far exceeds the minimum of area of five acres required by the C- Conservation zoning district. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER KERSCH MOVED to recess for 5 minutes at 8:22 p.m. VOICE VOTE CARRIED UNANIMOUSLY CHAIR TORRES reconvened the meeting at 8:30 p.m. G) Case 12 -006. Request a Rezone, in accordance with KIBC 17.205 to consider a change in zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), from R1- Single- family Residential to PL- Public Use Land; and, 7/20/2011 P &Z Minutes Page 10 of 18 A prospective Variance in accordance with KIBC 17.195 & 17.130.060 (Building Height) to allow a 13 by 13 foot microwave communications tower (and related facilities) 70 feet in height which will exceed the 50 foot maximum building height in the zone by an additional 20 feet; and, A Site Plan review in accordance with KIBC 17.130.020, which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. The applicant is the Kodiak Island Borough and the agent is Dave Burns, Kodiak -Kenai Cable Company, LLC. The location is Tract C, Block 2, U.S. Survey 4871 and the zoning is R1- Single- family Residential. Dvorak reported 45 public hearing notices were sent out and no replies were received. There are multiple requests; a rezone, a variance, and a site plan review. The zoning appeared out of synch with allowing for utilities. Schools are permitted in the R1 zone; the community school is located on this 13 acre site, in addition there's a 200,000 gallon water storage tank that was allowed in 1987 by an Exception procedure. The Assembly approved a disposal of land for a large easement to encompass the storage tank, access road, and utilities that would serve this. The easement was never recorded and when the Exception went away the water tank became a non - conformity in the R1 zone. It's grandfathered but it can't be expanded or added onto. This new tower proposal is an expansion of a utility use which isn't allowed in the R1 zone and that's why staff recommended this land be rezoned to Public Use Land. We've looked at the Ouzinkie Comprehensive Plan and believe this request to be consistent with the plan. Staff recommends the commission forward this request to the Assembly with a favorable recommendation. There is also a request for a tower height Variance that is based on an assumption that the zone will change to Public Use Land and we've looked at it that way. The PL zone has a maximum structure height allowance. They have proposed a tower that will be 70 feet tall, 20 feet higher than the allowable 50 foot. This path chosen to serve Ouzinkie and Port Lions utilized lower elevations over all but also requires strategic location taller tower. Dvorak stated he didn't see it until right before the meeting but there's an email between Dave Burns and Herman Squartsoff referring to a 25 foot setback of variance. Staff is recommending postponement of the Tower Height Variance and Site Plan to expand the scope of review to include the setback Variance so it can be advertised properly and bring it back to you at your August meeting. The commission was in consensus of a special mailing to get this into play and not mess up the timing of the project. Dave Burns stated he appreciates the concern and the rezone will be going to the Assembly August 18th and this would only push us back to getting the Height Variance and the Setback Variance to build inside the 25 feet. He doesn't see a major impact. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract C, Block 2, U.S. Survey 4871 from R1 - Single Family Residential to PL- Public Use Land, subject to the findings contained in the staff report dated June 8, 2011 as "Findings of Fact" for this case. The public hearing was opened. Public testimony was given by: Bob Scholze stated he represents the applicant, the Kodiak Island Borough, and this is the only case that is taking place on borough property. He stated the variance issue is best to be postponed, the City of Ouzinkie has passed by resolution a request to make a disposal for less than fair market value but it has not been approved by the Assembly yet therefore, it still remains borough property at this time. 7/20/2011 P &Z Minutes Page 11 of 18 Herman Squartsoff stated KKCC and Ouzinkie are in favor of the request. He also stated Sharatine Mountain has not been abandoned yet, we have an insurance claim on it, and we left it out for another year to see if it will build up ice like it did the first year, and it did which it ruined the tower. We are also OK with the postponement. Dave Burns stated regarding Sharatine, in addition to seeing the conditions and putting in an insurance claim providing we get clearance this summer when we have construction equipment we plan to pull the structures down to restore that site. We'll probably come back to ask permission to leave the foundation in place in case something changes in the type of technology we can put up there but that would just be low footings that you wouldn't be able to see them unless you are on top of them. It would be in a sense of returning it to its natural state but we will go back to rectify that according to the requirements of the conditional use in the future as needed. Dan Clarion stated the City of Ouzinkie has been waiting for cell phone service for a long time and we feel it's crucial to public safety because we deal with issues all the time. If this tower doesn't go up the whole thing falls apart. It will serve the village of Port Lions and Ouzinkie. We often respond to emergency sinking boats and boats hitting rocks. Ouzinkie narrows is one of the most travelled water routes on Kodiak Island for shipping and recreational use. We encourage the commission and assembly to approve this request. Discussion REZONE FINDINGS OF FACT U17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The residents of Ouzinkie and Port Lions will benefit from this rezone if it allows the development of new communications infrastructure that could make data and voice communications less expensive and more capable that current services. The extension of these services may also benefit other areas around the community and marine vessels transiting close to the community. Improving communications to and from the community could also provide additional public safety benefits similar to those enjoyed on the Kodiak road system where wire line communications are not currently available. U17.72. 020 B Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. The comprehensive plan designates this area for Public Use. A rezone from R1- Single - family Residential to PL- Public Use Land is consistent with this designation which will make this site suitable for conforming government and infrastructure uses in addition to the existing community school use while eliminating the nonconformity of the existing public water storage tank and related facilities. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to postpone to the August 17, 2011 regular meeting of the Planning & Zoning Commission the variance and site plan request for this case. COMMISSIONER SCHMITT requested that it be noted that the intent is to postpone the 25 foot side yard setback variance which is what requires the supplemental mailing, and the commission will allow comments to be submitted after the comment deadline. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 7/20/2011 P &Z Minutes Page 12 of 18 Public Hearing Item 7 -G b Kodiak Island Borough Zoning Map u A & . Community Development Department N ly Request: A Rezone according (b KIBC 97p1@ consider a change cif zoning CU Tract 6o Block L�ig affthiate Zoning ataii 4 v 4871 from RI- Single - family Residential p e Case 69 92 -006 flJ FL-Public likbg Land; aid prospective variance Owner; MB Oiitlaccordance U KIBC 97o90ab97o930 .060 (Building Height') 03 allow p 93L 9g tca microwave Agent: Dave Burns, @g communications tower Mn height; e10 @kg Rai) Review It accordance gailb KI BC 97,930.020 Pe.rlrnitteci Uses ., uss4a)1 maulof s.c c 0 380 760 1.52) el.+ I I I I I I I I I 0.17. Feet oltargiall - S. US' 487 tribfrotA,‘ 12;, tire igt, atraptt 4 ,i. 41 14 701 ‘ 47 /4 t stitlraitiltA.A. 4k ,a4s;o::,,,4 i sr,),...ei asst „,„. 0 .4 „onto", „.".„ „ .. , , Uss 3169 7 Zoning Legend Public Use Lands I Rural Residential 1 Multi Family Residential II. Light Industrial • A Watershed I I Rural Residential 2 I 1 Business Rural Neighborhood Commercial Conservation I Single Family Residential I I Retail Business i Urban Neighborhood Commercial Rural Residential I Two Family Residential I I Industrial I Natural Use 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) 086 -9333 Introduction - Page 1 of 4 Public Hearing Item 7 -G Introduction - Page 2 of 4 Public Hearing Item 7 -G Request Rezone, in accordance with KIBC 17.205 to consider a change Current Location in zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), Ouzinkie Townsite, from R1- Single - family Residential to PL- Public Use Land; and, Tract C, Block 2 A prospective Variance in accordance with KIBC 17.195 & 17.130.060 P & Z Case 12 - 006 (Building Height) to allow a 13 by 13 foot microwave communications Kodiak Island tower (and related facilities) 70 feet in height which will exceed the 50 Borough foot maximum building height in the zone by an additional 20 feet; and, A Site Plan review in accordance with KIBC 17.130.020, which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. USS ---- *A wsrc BLOCK ® ® <1. ®® ®.s � ® ® 4111 T ♦ 4‘W , , . ®USS 388 ® /` � �� '`o°.. \1411\1411\146.' .; ® b711 • . , ® 0 t 211r0 USS 3169 , r - „ a Ko Island Borough GIS Legend N 'fierr Feel b:::::::on el W N-� E � 0 360 720 1,440 t t S 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 . Introduction - Page 3 of 4 Public Hearing Item 7 -G Introduction - Page 4 of 4 Public Hearing Item 7 -G KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 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 Kodiak Island Borough I eft? 5 , Property ID Number /s • Property owner's name Portion of Block 2, Tract C, USS 4871 Legal Description Property owner's mailing address Current Zoning: Utility Easement for Water Tower City State Zip Applicable Comprehensive Plan: Year of Plan adoption: Home phone Work Phone E -mail Addr. Present Use of Property: Water tower and water transmission lines. KKCC Communications hut Agent's name (If applicable) previously installed but not actively used. Agent's mailing address Install aloft tower to Proposed Use of Property: support terrestrial telecommunications service City State Zip to the villages of Ouzinkie and Port Lions 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. _iA�dpdiitional Narrative /History As-built Survey Photographs _Maps _ Other r /i /l, Property Owner' / gnature Date Authorized Agen s r Signature Date ' A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY PAYMENT VERIFICATION Code Section(s) Involved: CPI I �l I (( // II Cell L t- c) Ki Variance (KIBC 17.66.020) .250.0' Fr" M�' � 11.` Conditional Use Permit (KIBC .•7.0 t .1) $ 250.00 K x , , z ' ir t l (pc: Kit:. A: cmhi■ Rc,, Other (appearance re..: sts, sit- .I iew, etc.) 0 S` ?" JUNrdv1' 2�1q) Zoning change from A (KIBC 17.72.030 and 030.C)'/ 5+9 Witt'. I Kodiak Application received by: C Ifl "7 Staff signature — .� 12 -00(p • Application - Pagel of 26 Public Hearing Item 7 -G KKCC Site Narrative - Ouzinkie May 31, 2011 To whom it may concern, Kodiak -Kenai Cable Company, LLC (KKCC) is requesting the Kodiak Borough Planning & Zoning Commission grant all necessary zoning and permit /s for the construction of a 70' tower adjacent to the existing KKCC communication hut in Ouzinkie adjacent to the water tower and shed. KKCC has been developing the Kodiak Microwave System over the past several years in order to further expand the terrestrial telecommunication capability provided by the Kodiak Undersea Fiber Optic Cable to outlying villages around Kodiak Island. The original project plans utilizing Sheratin Mountain as a relay site for serving Ouzinkie and Port Lions encountered technical difficulties and alternative plans have been developed. In reviewing previous project activity, the plan was to install a small mast on the water tower with a small dish that would provide the necessary bandwidth to Ouzinkie. The new paths incorporate larger microwave dishes on taller tower infrastructure which forms the basis for this zoning /variance request. Just recently the Board of Directors for KKCC approved the new project plan and we are moving forward with construction and implementation. There is currently an existing KKCC communication hut near the water tower and shed, which was previously installed by KKCC, and will be utilized with the communication tower proposed to be installed to accommodate the microwave antennas and links from Mill Bay to Ouzinkie and Ouzinkie to Port Lions. These links will be supported by passive repeaters installed at Mt Herman and Course Point. As additional background info regarding the existing hut, KKCC staff indicates that an exhaustive title search was conducted and that the company was able to obtain title insurance on the property near the water tower. It appears that during the search the deed for this property may have been transferred to the City of Ouzinkie. We are working to obtain this documentation and will provide the details to the Community Development Department once they are available. Additionally, it has been brought to our attention that until recently, there was no official position of Borough Land Resource Manger (currently held by Bob Scholze), which may have been a complicating factor related to the lack of documentation during the original KKCC communication hut installation and site planning. It is understood that there may be a rezoning issue as we move forward regarding installation of the proposed 70' tower, but we are currently following all recommendations from the Kodiak Island Borough Community Development Department staff and Land Resource Manager to implement the proposed KMS site plans. At this juncture, it is requested that necessary zoning and permitting be considered for installation of a 70' high, 4 leg, 13' face, 'box' tower adjacent to the east end of the existing communication hut, as well as a section of icebridge approximately 2' wide and 12' long, which will support/protect the RF transmission line to be routed from the hut to the tower. Tower manufacturer drawings provided with this submittal are very similar to what the actual design will be, though the Ouzinkie tower will be 70' high as opposed to the 60' high tower drawings and there will be no wind turbines and /or propane tanks, as seen in the attached drawing. The tower foundation that was developed based on geotechnical survey findings and consideration for minima) environmental impact, will consist of four 3' x 3' concrete piers that are 4' high each (tops of piers exposed approximately 3' above grade, leaving 1' approximately below grade) and spaced approximately 13' apart to accommodate the tower size. In addition to the four 3' x 3' x 4' piers, eight rebar anchor bolts per concrete pier are to be embedded 8' Application - Page 2 of 26 Public Hearing Item 7 -G beyond the base of the concrete piers and secured utilizing non - shrink grout, total depth below graded breached being approximately 12' amongst (32) 2" wide drilled holes. The above detailed proposed installation plan is preferred, but if during the ongoing process it is deemed more time efficient and cost feasible to relocate the site and install the tower in an existing ROW area, we are willing to expeditiously revise and resubmit a detailed package to include the necessary changes. Due to technical difficulties encountered previously, we are attempting to perform this project on an expedited timeline and plan to have all communication infrastructure installed to accommodate future telecommunications capability to Ouzinkie and Port Lions by the 4 quarter of 2011. KKCC is jointly owned by Old Harbor and Ouzinkie Native Corporations. The service we are providing is expected to have the same positive impact on the communication infrastructure as was provided to the City of Kodiak. We thank you for considering the necessary request for permits and look forward to working with the Kodiak Island Borough on this and many future planned projects. Sincerely, Dave Burns KMS Program Manager Kodiak -Kenai Cable Company, LLC 2702 Denali St, Suite 100 Anchorage, AK 99503 (407- 925 -6751) Application - Page 3 of 26 5 y ,.._ / Te / _[ Pnhlir Hearing Hp 7-n • `� � j�C'(r.. , v A r . }�: ' ; ,ti" �.k �+"4- X n C-4.1; r !� 4,4,—, 7 • K 4'11114‘ �, ' � + t a a^' o ,Proposed OuilnkIC Tower . Los ation' c 4 M; r yr r , a s K � s"� ;.�" y 1 " Mt i. a % q . o , f • ilia. . ,c ' �" a a R 4 a ,/ t f1 ` fyf 4 1_ 44 t c /: i ' 4 yp�; Course Pt, � . ` '' Y 3 S. 3 1 1 x • ` , ', % v ✓ {POtl Li - , t t a n f(. - 4 Sr a � - ' ew G• se � fa ✓ ✓ � � • Fo p , , : �i 6, _ r , A ll n x l / s t k rv ' [ i ( I it e I "k -. d .I f' o M B ay a � . > 2 , y % l is v .� ;Jr: , ' t : '' � ?) i +• Ooh 1 �g �} a / r a mo t, i., J � A .a O w " z �M1 �t Fi �./ L . ...1 i ...1 ` 't� 3i ntarelea C T t�tccJJ11aN r } t - , (g1J..AYOiLLti r 444 , 14 , '/ (a "3 Nn LLs .' •NGA GEeCO t ` y �` V° Zs �' _ xs /. a qt rf.. q • . p, a. Y. iv z i ta_59.N 555 I.,�94 It.: 1` €q 3t -,at9 Eye alt 25,93 nil KMS (Kodiak Microwave Site) Proposed Microwave Links 5 � r , r 5 tic. - y � `I .4 ' _ g 'tat'', - ual, 3 q 1 Sh / r \ ` ; 'Re r 277 t ` � r. 7� cv "3 ° 'y'f! - i . � Y 1+ � - a � — ,x E C� a - t S Ilk . 0 J aY 4 r w. / • e. . " " it ' S7a rr '� t -E ip h� t- • v' 6' r,ra S>r "" r r .1 (.'1 1 }+ � . '/ ' 4r i .r=ttr :'°r/.' q .Mr. ' T om ' ,,n (, .). i :0 :.e r" 3 'os `f �^ Q Proposed Ouzlnkie KMS a X , v . . ^�+�s• t .1 . • ,' .- $,. / ' -, t1. ; . , , J � Site near water tower & I existing KKCC comms but I $4 ;•4 d kil , - ' ` i , -.. . : ii; r t` t.). ' i i t t � 4Y Y rSStk "' [ ± Ir. Y L J ;dr` 4 ' � t' F 4 • F • : :s F '.' ,'. f , r . .,...4.'t-;`,.. , ...'M' q gMAM.•i 4 ' v Application - Page 4 of 26 r y » wn q ..., .1 f t or . tr y r- p 3�r a y r . a Raw x l 3 * \ a ex0 i c • } •e I ♦ 44••%--11 4 ' In " f '" 0 . .. `" 1 � , � `e J Y • f f ` . J s .01, . a. :4° Th. . : . l;,,fir r a r ' b ?� r y d ...-..7-,49%., _ n ". /d, f 5 to Il J x r' r 0. r .n Z%',, jam' 4 '�,,1j�� .k > r ^Q`. 8".- a,...1 � p r - Proposed Ouzinkie KMS r ti © .fi 7. Site near water tower & S ' • • existing KKCC comms but r j d {T , �, ,�l..r (Tract C -Block 2) Kodiak GIS Image (Plot & Parcel Overlays Not Accurate) F f ----1-'711.4 v., et d .. y • S py. L / TT 7\ ' 1.' A ' j y y ` vgp r 1 ° .1 ' sa -^•-• fit A,,, «yy ' ■ ,J .'. t 1 Ouzinkie�Tower Sr Microwave paths --- ° , - _S to /from Mt Herman & 'E . ( J Course Pt e* "'r`-• -uv ,.t S % - ,eCl')© i, .. c . . asammasimnas'aauxx. •fir: . Microwave Link Bearings To /From Mt Herman & Course Pt Application - Page 5 of 26 c $. . ")% ublic He r a >72 • t ti; 4A, — .. ,li F ' a 'ate k , N o- V. 4 4, �. * 0 -- x , , i' 4. Ensbng utdity easement ay Vitt. i . *, t•"3:71./ - if; - .7' °' ' (apparently no recorded f.a' li "f - + , ' f A dataofthisfrom Kodiak , 4 . � ° r ` i) ' " ' � " [ Borough or KKCC) "; 4 . , f '� 4 x `�„� ' 'kt rid. Existing water tower & shed ri ° ti kJ+ � " n ''.""'f , 4.. /T < � fav • , ' e . t":' -' * may < ' 1 i s x ?XI. ? .q tr" n -)11' 4 fir ^ / Y µ r4 i r ii. a > # ; t � E S� 4 . , K F + (1) 1< '-k Proposed 7o'tawer locaUOn .# { , F , x > se rye a > • �t;t? adjacent to KKCC but R n ,. 4 f 4 y k t 4 � ` a i :vn:KC:c:mun: tion 3 _'. ' ' " `" f • w . �^ Y 1 hut (currently don't have y y} ;, ,t w s ' � '•tr,, ` .. - II records of permits or details t l 'a ", ., ' .y Chainlink fence to be installed + 4 .116 around NMS site Proposed 70' tower rt location not ' a ^ s' ''v to -scale but propoionately aq ;; 1 ' drawn for rough idea ' - y s " ' t!.� Approximate coordinates: n q w 57 5518.38 r v � � f� 1 Fv i �' „t � 151 30 25 59W T 4a“ fib! } i a ecE 42" r t c. , x S r � +:S � f ; . i a+D Existing NNCC communication hut t - *' "1. ; SlYt ' (not to -scale but proportionately i ii„ ya " o Air a° s drawn for rough idea) _ t _ _. • Application - Page 6 of 26 Public Hearing Item 7 -G i , •:4 . •.: \ r P Co c: 1 , p S a 1 N , 4 i a :/ e \ � t f �- k:W - '. 4.1.t L . y+4 ` �+rr r i + . = ' d Y �' -4'Y' 'a ye I Ntj ' 1p. .c, � { 4 » • . y Y .eta - `s; „. :�,Yi+e 'i 'yr♦ h• e . I i y„f ii - E '�41 .4 _ + 111 . i ) `(t • h e ' -L n _a, *•.-• - i n 1. k . M _ y = „... ... LEGEND :.. .-. .......rr........l . i..l......-........l.l.v'.I.. ..s w.. N. •..• -.o.M. r• y I I" —".' i — .Air- . .-.......• - n.a .. '.„...-.w l . a - .. na bb+_n1.w y ....w..o- .. n. uc.. nu . w..n <e.. r...r. .m.vw..az OuTNNE on ...v. M1.: - ..vk d.�.... ..Y. . .. .. .... ........ . i liu iY).”4/MV:_W- ' FIG , 5 Sheet from GeoTechnical Report Application - Page 7 of 26 ��r .— e r`$ 'e #Eic Heanng;. -i/ • 3 ik. � 1 _ _ 71 ( /N , f o ' , fit F `' t � ei I x J'x - / { h , , ,(; Td , f + ,/". ' 1 at ,! / (,j . sit f • j o . y /M a t � ¢ i jj � j� �j 0',,, tr i Mr a% t r Y, r .rp l� 1 f - , 'K rd d 'I' 1I�r,�" a' / 0 r c `t fr , ;Fri r t - • ,,,e ' a ,� � ci$ lal _ . S ;` ' 1 ,g pt z , ? i t } i s 1 ` ^r � > �' (�i Y{' } _ ttt 41 -,1-4 -dn.' • ",- ... ,�' �* fri 1 ^q .c _-t \r rs 1 da 1 tiF f(l,� t 1, , r) + F <: 1 �,,. i 1, . t i e `.. . ' % c `1 � y i � 'G 9 f -rte _ x � A , :„°. ` _ ; i4 6 } , I - t.� d to 0 - " � _, u < S., 1' O ce . , • , pplicaiion —Page 8 of26 � . .• � ,1:1V' 4 l' I . � ; + »4) ` y , . S J— Nearing F �a w �A y r , nr• a i� y i [ . {t t � r rf y � ; 1 j, ` : 1 .s n111 .4 31 11 3 '° , . ._,_ . '.4.:( !„..,.--4tz:cf, : 7 ' ' . ' ' . 441 Ft 'jam ..4 '. kr, ; i "" TO: 1 # ' 4 ' \ • ,. ' ' It't c; • - ti . - e , . ?:i'. : '4 4 44 +L r ' r 3 f I t ; fit ' ` �` a Yc I 11./:1 J . + _.. �� l� Nit e ; 1 7 � sot "+ ' i t A. . r t 1. l , v , "� ` � 1 . _�7` .�/ A ' q + fir'; • 'r 4 ' , , t f i ,.p �q ,- ., ,s3,, y rte, �'.. w e `'��.�?'i a i 4 ♦ ). .. S 'Y 'r%$4, 1 +\ p : ;Ri . r te . r ^' � } f +` , * j Ir t� . ; .r ' f H 1 ;�}'y7 % ss ��a r ; y, �.;�}C�Y%' r •e -trio sy }, "a.r ri�R d T �� ~ ;��ef�g ` e � �'� , i � *'*��n a,? :'.4,01•,.',,,:, r4 it* � : ✓ tom /': „' j f r ;ir - i" 1"w y '-." - ley +: F 'A t • 1 1 ' � U� �t 6 Y S �7 l` '7 of k : s •.d rt' Y'. - V . - . x ' - . o - � +i 'tik j rt q t �'r l r 1 j� M • . r y. t ,,771(' 7(i r/'+ ' d , _ ____ , �' t . �I i r. ' \ ..,?t ' iti, �� ba iG \ o � 1 et � � fF,: vfr lll * l'i " t r , + a � 1 .Y'/JR c:/"..t., py t ` < i ?i: • ` ^ M Y,� • s n ' I g t ?�' • i \.) z ? •. 4 - ., i. ,r 14,..•,,,'. ' a. .y i {, {f ittTic ki ring Item 7 -G lJ q a j �k n �y' 1 �J 0 ; :', Cie€ ' . I ° . ) ;, !. f sfri. u k j Q X N 9 ' 7 71 ' . 0 r `0 I 6 ■ li e O r ' 0 l t . ? m 6 ! .. • . r - f na � qq Y y am° Public Hearing Item 7 -G OUZINIKIE NATIVE CORPORATION P.O. Box 89 Ouzinkie, Alaska 99644 Ph: (907) 680 -2208, Fax: (907) 680 -2268, Email: salmonlaker @yahoo.com June 1, 2011 To: Whom It May Concern Subj: Letter of Support for the Kodiak Microwave System Project Dear Sir/Madam: The Kodiak -Kenai Cable Company (KKCC) is jointly owned by the Old Harbor and Ouzinkie Native Corporations. Over the past several years, KKCC has been developing the Kodiak Microwave System as a means to supply terrestrial telecommunications capability to outlying villages around the Island of Kodiak. This microwave system will finally fulfill our long term goal of bringing much faster and more reliable communications than via satellite to the smaller communities in the Kodiak area. Initial plans to utilize a relay site on Sharatin Mountain have encountered technical difficulties and KKCC has recently approved alternative plans to provide service to Ouzinkie and Port Lions using alternative paths that include towers in Ouzinkie and Mill Bay as well as passive repeaters on Mt. Saint Herman and at Course Point. Ouzinkie Native Corporation strongly supports KKCC's project plans and concurs with the zoning, permitting and variance requests being submitted in conjunction with this project. Best regards, Michael G. O'Connor, President & CEO Ouzinkie Native Corporation Application - Page 11 of 26 AL A souaa As sit. le a Neb. BASE m,*E aAU GEN 4 "*"' ' "'' ' ' ANCHOR r _ __ _ _ ______ 2. a P eaT =.=,_ l g �� I�� raE=TEO. ..m,p. . <o0. modem pet cubic .,,, of \ \ s / INSTALLATION DRAIN PLATE I .o ° p . WO LAO 3 FOUNO aw. � � � K,oEaEr, ��,o.Ea � EaAEa= f on .� _Pa.d..,.s.aen0.e :. 0 tl.6 -5- TOP Of e. 1 F . ,� .opoo pole( loPe LP / \ EA , .; b �.,,.,. e , CLIMBING LADDER FOUNDATION PLAN o,. i 10 ['Soon, cercreie „b... Ps co nods pee 0.e. mom/ 11 Ono. Weed on Ihmfdloofelp Loo. . Q " "° WAVEGUIDE LADDER n, le.. o..,. ii . = _.I _ FOUNDATION ...,,- o, SR. ., a., OUNDATION PLAN ''''E Frcr'E 'E'ER Ep=' ,1 .„. a a. o , ° ° ,_,„ I -Q .�wa per„ aew,em ^°' RE INFORCEMENT u STEEL SCHEDULE awe aza a FOUNDATION PI AN E vry I �.. .. RED.. ,o'.+x; _ — _ e 2a 9 p,. mew - — wx..E SECTION C -C I . 1 2 . _ _ "II"I"r.a ° SECTION T T ION F -F 1 E. 12151t FOP EC,.ETE.oaw.:ww INSTALLATION 5 IL 0 w:,,oe F : m.,.r.,m O' -.n rra, e.w t Fa It ■I ■I ■11 ,. ANCHOR 301.05Th ei A i 5 p ia r., 1 : :I.1I :: Rebor Lop Spl Vice Diode 60 Rebor IMIMIIIIIII tii, 3 p,.. OARS ,�a,P. SE C TION N A -A a Aa 3000 pa TT 17 22 a Ao Axe Pe 3.5 St 49 € Tr p yII(�I � �I {�I I }�I ' W.? cI ym w"e m.,.r e a .. . a.�.,. �. K� •''''..." �°= a d� °p Re eo 3,00 pe AA 24 Al oil 60 3000 PO 71 70 J CI U IY✓ �nct ' ,Kw Ti lk x c :n„u.:x w @Y C A : ».. 3 POSTE, a RON DT. eE=ESS n ROCK ANCHOR FOUNDATION aoa.e«.I Laa0T OY0S ...o ao-. a Ew..� w "LE OW iao.a "' '° "°°' 5610' ROCK ANCHOR vaxnarn LAYOUT nr ,. ° " R ,n MS ^ =.e „v SAGE SYSTEMS _ J °^ pap SITE. ORINKE AK • • i D 29189 0- 132024 0.. rr , o° , i [PARTS LIST (_� ,`\ �`�- n CO s„ ,osso vine PT S AT. Mil MT on ' .s wuwnn MO ' I ...u \ � v �nr....o rune O III'/ . O a. ` � •• bar. . • AT. - MLLS 4•17 0587 - PPE CIAGCRk ,. e,., .. o r.. aF = !Ml © ��/ AY. Me Wad, Irdl A4.4 Fin MICAL 314,47 FY IM•M PPE LM ACL4M M, taa. adae mr rit @ 1 li 0 al aMill 0 atha Aaaa an CM taM• We 14.4E Gig .,, ® 10 .>:„ n a. E. 333..-0 e f �. a m rut & ^® $ m aE =I eM 8 r,.. I q r. s _ L r5' 1,, -n . . HARDWARE LIST LIS M aE s7.. E.3n,.,.,,. rig e 4 IL § S a. .v � U P' � sw01 • m :,E..1 .. va e<, l a R. LJ 0 0 + � I ® rv= C.,‘• , Fri TYP n C I__ �Ei O ... sew 1111 CD „ „ V2 MX MIT .3� C l, ° 23 o • © el ® f MC C.. �, r-0� WEN ® 4 " 9 .��, ® G or N w.a1 _� W__ em E O " 3 !. mml nuw3w, �ew.31 0 �= A oW0411 la o ., -a cri. 1 ErN9 EM31=3 , IKK w GROUNDING PLAN n ^ ® rnWU�F 6lMr.Y� y ..111 ®' ®' MASTER ERECTION 15a new - 9 Z um Am ma_ NOPN( NEN.I CABLE COW ANY 5 Se fuw Bit P A4 E 1 ' -e T m uu30. e9mner Y V.uvf,n d SITE NOJiPN ISLAND AK — W ott OM un eats a( TO SE 1011190) 70 A DM TX1f1 CWT. E I REFERENCE DRAWINGS GROUNDING LIST — � _ ELEVATION am aa3 b s � o � , � n.r.ow • m. E9 ® B F . .n.m, -. 2,„,,,,,, ® 0 ,e.E. rb . nm a .... .100-3., -z ,u_. a ` ay • In( v+ D- 125655 -1 atatoss ass .� „,,,,,,,„a„„,,,, ,,,i6 wr.ru.ul En..9 11s1E 095EPoG .w.ru.mwa.� rwrm.n • I & SO 11912-NR„ 9EEr. 1 OF 5 11 . EASE PLATT alb EA -- ' w n 0. 6 ! A+ s eis[.[a GENERAL 'NOTES' ROCK ANCMP wrpo a im N e ,u• r mm� .vim °n.�•'00 w°. \ \ DRAIN PLATE INSTALLATION ..q.. n te . `" Pod Or ... ° 4, a s� \ t, 4 - s <.v:a n srwR EACH a TM a ° . °M 4507 P 7070 EC TAMP o MI ' � // \ H \ • S. ,a « n..w . O...o.A a ..,ry.. es ar w . I° �� N L�. i .,J i � , o ..,mM o . . .,n,n.. 9 • m .nm . � o �� - -' CLIMBING LADDER SECTION C -C E ^- `m solo. w... .n �.A.P 5044 • T - - -- pOUN DATION PLAN rv0 " -° O On. " PM. I ` 1 I REINFORCEMENT S1 EEL SCHEDULE w as 9. Fe/WA P' AN win not s.. . I „ad w m e..s C 4 —.� M1 _. — " — ..ow ®. : w � . ..na. na�� 1 I TOTAL s.a. .a C E e.s... .wro , .o s. o, • 1744 0 s m,. ,m �' m �.°.Em �> -r --I I —° —. ' • r ° -- Nowi�i� r° SECTION -•I � wo LION A -A 0 L .. r. di �E. •IiiI I c o 1,111 1 a ' 6 A O , . ,., . W 5,,• ° KA.. I Rebar Lap Splice Grade 60 Rebar ..i Rasa rIC I! I 00001 o w • Er I . ;3„3",„„7" :or,' LXii Fil ears m � . • a li ° s s M a Ind , OP _ TYPICAL PIER FL VIEW �' C SSISIS ROCK ANCHOR FOUNOATIIN ' i° `:0 u .'.°° "°C` EA mu,: so EC..E ... ... W 2-0. q ua'°'F ORTa' ui°irt u MUM KENAI CABLE COMPANY w S KODAK C4MV0. AK D X9109 f 0- 125592 � 7- The method used to analyze this tower structure is based upon a computerized direct element • stiffness matrix technique (Ref. 17. This technique assumes elastic material properties and is based upon the following formulations (P) - [K] (XI where (PI = applied nodal loads [K] - structural stiffness matrix IX) = nodal displacements This equation is solved for (XI by means of a modified Gauss - Jordan elimination technique. The nodal displacements ore then utilized to calculate member end forces and moments. Micraflect's implementation of !his technique allows for three - dimensional frames with nodal loads. Truss members may be input by specifying beam member end moment releases. Supports and /or support settlements may be input by specifying nodal displacements. The resulting computer output consists of nodal displacements. member end forces and moments. and support reactions Ref. 1: MATRIX METHODS OF STRUCTURAL ANALYSIS. 2nd Edition, Chu -Kid Wong. International Textbook Co., Scranton. Pennsylvania, 1970 LOAD CALCULATIONS FOR CRITICAL MEMBERS MEN. SECTION TYPE L r KL /r AREA F BOLTS MEMBER F.S. TO ALLOW. LOAD t BEARING SHEAR AXIAL LOAD AISC en) (in) IIn (Kips, OT Y. -DIA. ALLOW. ALLOW. (Sips) ALLOW LEG MEMBERS: FVL1 PIPE 4.500 od x 0.237w 60.0 1.51 39.7 3.17 102 3.69 27. FVL2 PIPE 4500 od x 0.237w 60.0 1.51 39.7 3.17 102 13.0 7.87 FVL3 PIPE 4.500 od x 0.237w 60.0 151 39.7 3.17 102 - 19.8 5.13 FVL4 PIPE 4.500 ad x 0 237w 60.0 1.51 39.7 317 102 50.7 2.00 FVL5 PIPE 5.563 od x 0.258w 60.0 1.88 32.0 4.30 143 700 2.03 FVL6 PIPE 5.563 od x 0.258w 84.0 1.88 44.7 4.30 134 80.5 1.66 FVL7 PIPE 5.563 od x 0.258w 36.0 188 19.2 4.30 150 96.6 1.55 DIAGONAL MEMBERS. FVD1 PIPE 2.375 od x 0.154w 94.0 .787 119 1.07 15.0 1 - 5/8' 1/2 217 245 6.46 2.32 FVD2 PIPE 2.375 od x 0.154w 94.0 .787 119 1.07 15.0 1 - 5/8' 1/2 21.7 24.5 7.75 1.93 FVD3 PIPE 2.375 od x 0.154w 94.0 .787 119 1.07 15.0 1 - 5 /5' 1/2 21.7 21 8.18 183 FVO4 PIPE 2.375 od x 0.154w 94.0 .787 119 1.07 15.0 1 - 5/8' 1/2 21.7 24.5 9.23 1.62 C-V05 PIPE 2375 od x 0.154w 94.0 787 119 1.07 15.0 1 - 5/8' 1/2 21.7 24.5 10.7 1.40 FV06 PIPE 2.375 od x 0.154w 94.0 .787 119 1.07 15.0 1 - 5/8' f 1/2 21.7 24.5 11.9 1.26 FVO7 PIPE 2.875 od x 0,203w 109 .947 116 1.70 25.4 1 - 5/8' 1/2 21.7 24.5 15.1 143 FVD8 PIPE 2.875 od x 0.203w 82.0 .947 86.6 1.70 38.4 1 - 5/8' 1/2 21.7 24.5 12.2 1.77 GIRT MEMBERS - EVG1 2L's 200022.000x0.125 74.5 .626 119 .969 13.2 1 - 5/8' 1/4 10.9 24.5 .228 47.7 FV02 2L's 2.000x2.000x0.125 74.5 626 119 .969 13.2 1 - 5/8' 1/4 10.9 24.5 7.12 1.52 FVG3 2L's 2.000x2.000x0125 74.5 626 119 .969 13.2 1 - 5 /8' 1/4 109 24.5 791 13.7 FVO4 2L's 2.000x2000x0. 125 74.5 .626 119 .969 13.2 1 - 5/8' 1/4 10.9 24.5 .628 17.3 FV05 2L's 2000x2.000x0.125 745 .626 119 .969 132 1 - 5/8' 1/4 10.9 24.5 650 164 FV06 2L's 2.000x2.000x0 125 74.5 626 119 .969 132 1 - 5/8' 1/4 10.9 24.5 533 20.4 FVG7 2L's 2.000x2 000x0.125 74.5 .626 119 .969 - 13.2 1 - 5/8' 1/4 10.9 24.5 524 20.8 FVG8 2L's 2.000x2.000x0 125 74.5 .626 119 .969 13.2 1 - 5/8' 1/4 10.9 24.5 .533 20.5 FVG9 W6x12 74.5 .918 81.1 3.55 719 2 - 5/8' 1/4 218 24.5 10.1 2.16 ° VG10 W6x12 74.5 .918 81.1 3.55 71.9 2 - 5/8' 1/4 21.8 24.5 10.9 2.00 NOTE: ALLOWABLE STRESS INCREASE FACTOR PER EIA /TIA 222 -F, SECT. 3.1 = 1.333 m STRESS ANALYSIS z mm SAGE SYSTEMS 0 N SITE: OUZINKIE, AK 9 m g < Li 0 valmoretW` BY CWB 11 Z N MICROFLE EK JEG E. w w. DATE 21JUN11 3575 75TH STREET SE. SALEM. 97302 (50 nAM. (so3a53 -9 -szm FAX. 150 Iso313)6 15 -z0w S.O. 156530 -1 x Applicat - Page 15 of 26 BASE REACTIONS : TOWER OVERTURNING MOMENT = 1741 kip -tt TOWER BASE WIDTH = 13 fee; TOTAL TOWER SHEAR = 43.6 kips TOWER HEIGHT - 65 feet TOWER WEIGHT = 37.5 kips LEAST LEG FACTOR OF SAFETY = 1 MAX. SHEAR PER LEG = 11.5 kips NUMBER OF LEGS = 4 Bose moment x Leg F.S. Tower WI. Uplift = - Bose width x 1.414 4 Bose moment x Leg F.S. Tower Wt. Download = + Bose width x 1.414 4 • Bose moment x (Leg F.5. -1) Shear = Leg Shear • 4 x Tower Ht. FACTORED OVERTURNING MOMENT - 1741 kip -ft FACTORED TOWER SHEAR - 43.6 kips MAXIMUM UPLIFT PER LEG = 85.3 kips MAXIMUM 'DOWNLOAD PER LEG = 104.1 kips MAXIMUM SHEAR PER LEG 11.5 kips ANCHOR BOLTS : Ref.. ENGINEERING JOURNAL /AISC, 2nd Otr. 1983. p58 MATERIAL ASTM F1554 Gr 55 (Fy = 55 ksi min) ALLOWABLE STRESS INCREASE FACTOR = 1.333 USE 4 - 1.25 in. dia. bolls /leg on a 12 in. bolt circle 85.3 1.85 x 11.5 ft = . = 27.5 ksi 4 x 0.969 ALLOWABLE ANCHOR BOLT TENSILE STRESS - 40.3 ksi >- 27.5 ksi - -OK BASE PLATE : Ref: 'Formulas for Stress and Strain', 5th Edition, ROARK 8 YOUNG AISC 9th Edition, minimum edge distance per table J3.5 MATERIAL: ASTM A36 (Fy = 36 ksi) • ALLOWABLE STRESS INCREASE FACTOR = DIAMETER OF BASE LEG = 5.5625 in. CONCRETE BEARING DESIGN STRENGTH = 2100 psi FOR DOWNLOAD CONDITION, MINIMUM THICKNESS (by Formula 211 0.99 in. FOR UPLIFT CONDITION, MINIMUM THICKNESS (by Formula below) 1.21 in. USE PLATE : 15.25 in. dia. x 1.75 in. thick, Fy = 36 ksi 3x Uplift x lD -BI 1/2 2xNxBx.75x Fy x Sif x SIN 1180 /NI where: = required base plate thickness • Uplift - applied uplift reaction D = radius of boll circle B - radius of pipe leg N = number of anchor bolts /leg Fy = base plate yield strength Sit = stress increase factor o m STRESS ANALYSIS — m z SAGE SYSTEMS � SITE: OUZINKIE, AK m 9 < co cm • WL1 o BY CWB — o ^' Da n�nagmeGPGQ CK JEG m 3575 25TH STREET SE. SALEM. OR 97302 DATE 21JUN11 MAIN: (5031363-9267 FAX' (503)316-2040 S.O. 156530 -1 x Application. Page 16 or 26 ROCK ANCHOR FOUNDATION (4 READ) REACTIONS UPLIFT = 85.3 K DOWNLOAD = 104 K LEG SHEAR - 11.5 K DESIGN. USE 4 u10 BARS (GR. 60) EXTENDING 13 FT BELOW TOP OF SOLID ROCK. USE 30 DEG UPLIFT CONE FOR SOLID ROCK SOLID ROCK IS CONSIDERED TO WEIGH 125 PCF 1350 FI 0.125 :K /F T 63 FTx 0.15 K /FT UPLIFT RESISTANCE = 2.00 125 = 91 KIPS OK ROCK CONCRETE OVERTURNING MOMENT - 11.5 K x 60 ' - 690 IN -K 141 1.25 DIAM. ANCHOR BOLTS I 1 4) n 10 BARS GR. 60 8.5' ANCHOR BOLT PROJECTION ON38' CIRCLE 4 FT 8 -n4 CIRCULAR TIES DIAM. • u4 CIRCULAR TIE DBL. TIE @ TOP . All. f mit °) E .7 C CLR � ££ In N N ENE AT N Nn ANCHOR BOLTS w P o SOLID ROCK y n \ \\ i \\ o W ¢ SECTION A -A Z a J Ai kl L ' .�� E vNI BARS' (4)1 127)1191 2 /2 o I BARS ' 921 IN 4 o ZFy I' S 921 IN - 48 IN LL G W� -AA --vi— BARS 19 IN - E O £ W z L_n10 VERT. BARS (GR.60) zw� I N 3' ID MINI (4' 0 MAX.) DRILLED - TOLES (USE NON - SHRINK, HIGH PERFORMANCE GROUT. FIVE STAR OR EQUAL) 17 x 690 IN -K 17 x 85.3 K (USING STRENGTH DESIGN) MAX. STRESS PER BAR = - 52.9 KSI < 0.9(60)(4/3) 48 IN 3 4 x 1.27 IN 2 - 72 KSI OK CHECK BOND BETWEEN GROUT AND REBAR (USE WORKING BOND STRESS OF 30 PSI) ALLOWABLE BOND -I 3 x IT )( 144';(30 PS011 /1000) - 41 K /BAR MAX. TENSION PER BAR - 52.9 KSI x 127 IN - 40 K < 41 K OK 1.7 SHEAR FRICTION = f Vu 1.7 x 11.5 K - 3.8 KSI T VU 4A (1.0)1 4 111.27 ) COMBINED LOADING 52.9 KSI 3.8 KSI - 0.79 < 1.0 OK 0.9(60 KSI((4 /3) 0.85(60 KSI)(4 /3) o C T STRESS ANALYSIS < 2 - SAGE SYSTEMS ° SITE: OUZINKIE, AK 9 m - 0 vaUmont, BY CWB o MICROFLECT CK E G ° z DATE 211UNT" 3575 25TH STREET SE. SALEM OR 97302 FE MAW. 6031363 -9267 FAX. 15031316-204C S.D. 156530 Apphfa(on - Page 17 of 26 F o E r_ 1,1-2...., r < p Ea 1 N 0 . ✓ : ;a— 1 / • I I Public Hearing It m 7 -G KODIAK ISLAND BOROUGH RESOLUTION NO. 87 -41 -R • A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE DISPOSAL OF CERTAIN BOROUGH LANDS IN OUZINKIE. WHEREAS, the U.S. Public Health Service (PBS) is assisting the City of Ouzinkie in upgrading, and enlarging its community utility system, including water and sever lines; and WHEREAS, due to favorable topographic conditions, PBS requests a utility easement across Borough -owned property for the siting of a water storage tank and water transmission line; and WHEREAS, this use of Borough land will serve to enlarge and improve infrastructure needs of the community of Ouzinkie to allow for future growth and development; and WHEREAS, the Planning and Zoning Commission at the June 17, 1987 l meeting held an advertised and noticed public hearing and recommends approval ' of this request. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough .1 Assembly authorizes a utility easement across a Portion of Block 2, Tract C, I U.S.S. 4871 Ouzinkie School Site. PASSED AND APPROVED this 7 day of July , 1987 by the Kodiak Island Borough Assembly. KCOIAK ISLAND BOROUGH By Ilk ea a ouq Mayor By c -' n.C� Piaiding Officer • � I ATTEST; ear Clark Application - Page 19 of 26 A Y T.., d n.nr p / cr uss .en 0 o .e 044 O �G \ N q c :,11,1,' ® 9)- 2;T4'9 /21 < Q • Q e ®, 4 Oe i /O 4 40 ® o V.* o S t 0 0 i e 4 o o® VI 01464:441: �� M r I 04 - _ • uss 7.69 gr C/ E CJ I a 1 � Uss .703 � J ' O 'AP / LEGEND R -2 TWO FAMILY RESIDENT /AL 0 .. m =, .m m .00 m n ,arz: w .ccvno..ce wm x ww,.w¢ r -w- u wos mw. r.c i S Lou rc Nuns ar ouzuxc :a[ 0:20xm 00 n- i'uniss 000cR0 sc sXO.. ON 7WS ON ms zorwc UM. Steep °.t,. Drop BR To Reed Bwie. _ TEr t I I �.�,o al. Nev e.' • Pact Bee l e f e weiwwinwie Po-AN _ T , Ill" .�ww., r..� Shod) Exposed . f iF O'..T. ca le `. vi ()warhead Water w -- _ water Mae. ‘ =MEM water Tack , I. , ■IliiillalP1 s Water Tank Utility Grovel Easement C`_ .m. r... 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A°-i4 O'- sr m pv r _ _______ STR aI Q m L_________ (60 mix) I IQ — _- - -_ —_ GR A VEL ROADJ 0 LEGAL DESCRIPTION TRACT A -_ - i U.S. 4871 l r r_ -4 cn 1 1 BEGINING AT A POINT: SAID POINT BONG; THE SOUTHWEST CORNER OF I 01 TRACT C, BLOCK 2 OF U.S. SURVEY 4871, SAID POINT ALSO I g1 BEING THE NORTHWEST CORNER OF TRACT A OF U.S. SURVEY I -J 4871. THENCE N 54'52'22"E A DISTANCE OF 699.32' TO THE TRUE POINT OF BEGINING: THENCE N 5607'24' E A DISTANCE 0E60.02'; THENCE N 3522 W A DISTANCE 0E39.65% THENCE S 54'3743' W A DISTANCE OE60.00'; THENCE S 35'22'17' E A DISTANCE 0F39.65'; 0 1 00 200' 300' TO THE TRUE POINT OF BEGINNING HAVING MI AREA OF 3 2. a!- 2426 SO. FT 0.056 ACRES 1.5 =r_11= -, —F-' - _ - ••1 1 S11R.EY0flS =MATE , . Description: v Haw care nail IR FBem AMMO N61136® PART OF BL K ' OF LEGEND , mMTE AVsAIMNDCSWF aMa Dal i - • - rib. •.t 96 EnEUL aoIIS A 9Re NW[ m H 0M€0 WI orita 1 1 1 T 1 m C. 9.WaW9ox N6 nw TH uTanmis 91om1 xFRBx ,wuNL 0 4, - MONUMENT FOUND S ... A . ,, , R6 MU nL BMX ND OM Rws OUZINKIE ALASKA = . 0 - RORER R)1 Wyk x> -Lc- tnlo( 1. maj, er 2_0 1 O 4�'... s - 00 HEM POWER ,'Aeau i WS! a STIDRf s vim T /Off 14 - CIWN INC FENCE P PRI ARBOR: C OLD HARBOR NATIVE CORP. Pi DENNY PURVEYING INC. SUBJECT TO ALL COMMONS. SOMME'S, MOMS, C0ORGS, REIMMNIN, RESINIC IONS AND ROES OF WAY OF RECORD. _ PA tar SSA raaa41.010 481-S500 c 4 non (407) • -rsoo Public Hearing Item 7 -G r F �� + � P S G �A. i+ r ,. 4 v ..t te : : +Y. 't- ' T � j � -let b� I C ` 17 T .; ' = x 1 jy41, _ n Extend Fence 4 c ? , 41 t c,- ° y Outward To Allow ...‘4..a.., � Water Tank Utility Y For Tower To Be �' { � � } 5 + j Easement , Moved Over 4 So +; K. � �y ,A AA'• �' ` . u P +t` 4 ,! r ,y � � - d .. ? As Not To z' .6 ='• ^ 1 .. q.b , a �.'i 9 �' � + p • • �' W'` '1,„t � w Interfere With The ..} -+--r , .a r - < - x c " c a z+ CP ` , iy j �y &st> s :.1.7 + d r = " "` { 4 + f '( yt Y Y �* ' � 1 4' } Overhead Water 5 • 4 n � , J.:1 �Dt d T •sf �T nJ4.f ...t.,- i - } 7 Aft ". 4 Nr„ n � f ' t . ,1 v Tank Cable U �; M ' - T A + L, i Overhead Water P ,. r ' . . z t re Tank Cable Ny r n 411 i ( � k r x r , . ry • >� *t.., f ° r r, i• } i . � fi y • al y� r 1 e y f�, 4 4 � y ?* t 4 - "3 4 X 4 :41,- r £ : ;-3 �F f Y� E ! r r i x L 1 fit Y� ,tt A:k4 bl bp ma ti fir. to J K :4,4-1,447r , , _ Z, +- % r` y - l r e h � f pi! K , �e k p e v - [„ nib W q }"' "' ti'Y, . . 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Application - Page•25 of 26 Public Hearing Item 7 -G Application - Page 26 of 26 Public Hearing Item 7 -G Request Rezone, in accordance with KIBC 17.205 to consider a change Current Location in zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), Ouzinkie Townsite, from R1- Single- family Residential to PL- Public Use Land; and, Tract C, Block 2 A prospective Variance in accordance with KIBC 17.195 & 17.130.060 P & Z Case 12 - 006 (Building Height) to allow a 13 by 13 foot microwave communications Kodiak Island tower (and related facilities) 70 feet in height which will exceed the 50 Borough foot maximum building height in the zone by an additional 20 feet; and, A Site Plan review in accordance with KIBC 17.130.020, which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. ,,,,,y/ US$ 4871 4, ®® ma crc �® ®®® Z ill emcx , ®© ®USS 3885 e ✓ g p � 4® ® ®® � it ` 4® ®tom ° ®� ®� ,„ , , USS 3169 - *,ga "ter Kodiak Island Borough GIS Legend cam f� -� E S' Feet Subject Parcel W a:101% 0 360 720 1, 1 1 440 t Parcels selection S 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 tan 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 Public Comment - Page 1 of 4 Public Hearing Item TG KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 June 10, 2011 Public Hearing Item 7 -G PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 20, 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: 12 -006 APPLICANT: Kodiak Island Borough AGENT: Dave Burns, Kodiak -Kenai Cable Company, LLC REQUEST: A Rezone, in accordance with KIBC 17.205 to consider a change in zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), from RI- Single - family Residential to PL- Public Use Land; and, A prospective Variance in accordance with KIBC 17.195 & 17.130.060 (Building Height) to allow a 13 by 13 foot microwave communications tower (and related facilities) 70 feet in height which will exceed the 50 foot maximum building height in the zone by an additional 20 feet; and, A Site Plan review in accordance with KIBC 17.130.020, which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. LOCATION: Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite) ZONING: RI -Single-family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, July 5, 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(u)kodiakak.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, July 13, 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: Public Comment - Page 2 of 4 Public Hearing Item 7 -G ALEX AMBROSIA EMIL ANDERSON ESTATE JAMES ANDERSON ETAL PO BOX 36 P.O. BOX 50 9499 BRAYI DR #86 OUZINKIE, AK 99644 OUZINKIE, AK 99644 ANCHORAGE, AK 99507 CHRISTOPHER & SHARON TERRIE BOSKOFSKY GALE BOSKOFSKY BOSKOFSKY PO BOX 22 PO BOX 33 3811W. 74TH ST„ APT. C OUZINKIE, AK 99644 OUZINKIE, AK 99644 ANCHORAGE, AK 99502 ZACK CHICHENOFF LOVE CHICHENOFF-PANAMARIOFF ANDREW CHRISTOFFERSON P.O. BOX 75 PO BOX 15 PO BOX 8701 OUZINKIE, AK 99644 OUZINKIE, AK 99644 KODIAK, AK 99615 ANDY CHRISTOFFERSON SR CITY OF OUZINKIE DANNY CLARION 1516 E. REZANOF DR. P.O. BOX 109 PO BOX 29 KODIAK, AK 99615 OUZINKIE, AK 99644 OUZINKIE, AK 99644 MEREDITH EATON MICHAEL EISENBAUMER WILLIS GARNER P.O. BOX 74 221 DENALI ST. #2 P.O. BOX 68 OUZINKIE, AK 99644 ANCHORAGE, AK 99501 OUZINKIE, AK 99644 ARTHUR HAAKANSON ROGER JOHNSON NICHOLAI KATELNIKOFF PO BOX I P O BOX 66 PO BOX 170 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 KODIAK BAPTIST MISSION KODIAK ISL HSG AUTHORITY KODIAK ISL HSG VELORIA CHEEK, ESQ. 3137 MILL BAY RD AUTHORITY/THEOD NATIONAL MINISTRIES KODIAK, AK 99615 3137 MILL BAY RD VALLEY FORGE, PA 19482 KODIAK, AK 99615 KODIAK ISLAND BOROUGH SHEILA LEINBERGER MT, MCKINLEY FAMILY TRUST 710 MILL BAY RD PO BOX 1230 2428 GLENWOOD KODIAK, AK 99615 BETHEL, AK 99559 ANCHORAGE, AK 99508 JACKIE MULLER VICKIE L NOVAK HANS OLSEN JR GENERAL DELIVERY 3304 IOWA ST #5 1221W. KOUSKOV ST OUZINKIE, AK 99644 ANCHORAGE, AK 99517 KODIAK, AK 99615 MUNICIPALITY OF OUZINKIE OUZINKIE TRIBAL COUNCIL TIM PANAMARIOFF JR P O BOX 109 P O BOX 130 P.O. BOX 54 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 Public Comment - Page 3 of 4 Public Hearing Item 7 -G CLIFFORD PANAMARIOFF SR JOHN PESTRIKOFF NICK PESTRIKOFF P O BOX 74 P.O. BOX 266 GENERAL DELIVERY OUZINKIE, AK 99644 KODIAK AK 99615 OUZINKIE, AK 99644 NICHOLAS PESTRIKOFF JANELLE SHANAGIN TRICIA SQUARTSOFF P.O. BOX 49 PO BOX 64 PO BOX 150 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 THEODORE SQUARTSOFF MARTIN SQUARTSOFF HERMAN SQUARTSOFF P.O. BOX 77 PO BOX 51 PO BOX 189 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 JOHN SQUARTSOFF PETER SQUARTSOFF ETAL TRACIE SQUARTSOFF MINOR PO BOX 117 C/O HERMAN SQUARTSOFF BIA OUZINKIE, AK 99644 PO BOX 70 P O BOX 77 PORT LIONS, AK 99550 OUZINKIE, AK 99644 PO BOX 28 Kodiak Island School District Kodiak Island School District OUZINKIE, AK 99644 Attention Stuart McDonald Attention: Scott Williams 722 Mill Bay Road 722 Mill Bay Road Kodiak, AK 99615 Kodiak, AK 99615 Public Comment - Page 4 of 4 Public Hearing Item 7 -G MEMORANDUM DATE: July 8, 2011 TO: Planning and Zoning Commission SUBJECT: Information for the July 20, 2011 Regular Meeting CASE: 12 -006 APPLICANT: Kodiak Island Borough AGENT: Dave Burns, Kodiak -Kenai Cable Company REQUEST: A Rezone, in accordance with KIBC 17.205 to consider a change of zoning for Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite), from R1- Single- family Residential to PL- Public Use Land; and, A prospective Variance in accordance with KIBC 17.195 & 17.130.060 (Building Height) to allow a 13 by 13 foot microwave communications tower 70 feet in height which will exceed the 50 foot maximum building height in the PL zone by an additional 20 feet.; and A Site Plan review in accordance with KIBC 17.130.020, which requires a commission review of all permitted uses and structures in the PL- Public Use Land zoning district. LOCATION: Tract C, Block 2, U.S. Survey 4871 (Ouzinkie Townsite) ZONING: R1- Single- family Residential Forty -five (45) public hearing notices relating to this request were mailed on June 10, 2011 Date of site visit: None Made — KIB GIS Consulted 1. Zoning History: The site was rezoned to R1- Single- family Residential by Ordinance 77 -19 -0. 2. Lot Size: 13.24 acres. 3. Existing Land Use: Community School; Public Water Storage Tank Staff Report - Page 1 of 12 Public Hearing item 7 -G 4. Surrounding Land Use and Zoning: North: Lot 1, Block 3 Ouzinkie Townsite Sub. Use: Single- family Residential Zoning: R1- Single- family Residential South: Lot 1, Block 1; Lots 1 — 6, Block 2, Lots 1 & 2, Block 3; and in Ouzinkie Townsite Sub. Use: Three lots — SFR, the rest are Vacant Zoning: R1- Single- family Residential East: Unsurveyed & Unsubdivided Land Use: Vacant Zoning: R1- Single- family Residential West: Lots 1 & 10, Block 9, Ouzinkie Townsite Sub. Use: Single- family Residential Zoning: R1- Single- family Residential 5. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update designates this area for Public Use 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: 17.10.020 REFERENCE AND USE. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 COMPREHENSIVE PLAN. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough; ... 17.205.030 MANNER OF INITIATION. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; `B. The commission upon its own motion; and C. By petition of one 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. Staff Report - Page 2 of 12 Public Hearing Item 7 -G 17.205.055 SUBMISSION TO ASSEMBLY. A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. 17.90.040 BUILDING HEIGHT The maximum building height allowed is fifty (50) feet. 17.195.030 INVESTIGATION. An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. 17.195.040 PUBLIC HEARING AND NOTICE. The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. 17.195.050 APPROVAL OR DENIAL. Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Staff Report - Page 3 of 12 Public Hearing Item 7 -G 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.195.060 CONDITIONS. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 APPEALS. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. Staff Report - Page 4 of 12 Public Hearing Item 7 -G 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. COMMENTS - GENERAL This request was initiated by the Kodiak -Kenai Cable Company (KKCC) as part of a series of requests to create a microwave communications network to connect Ouzinkie and Port Lions with the submarine fiber -optic cable system previously constructed by the KKCC. The submarine fiber -optic cable currently serves the Kodiak road system and was instrumental in providing faster Internet services, providing greater bandwidth at a lower price point than satellite based systems and eliminating the latency (lag time) that was noticeable in voice calls to and from the island. An extension of these same broadband services to the villages would carry with it many of these same advantages. The KKCC had previously considered this site for a tower location in Ouzinkie as part of a prior attempt to connect the communities over Sharatin Mountain (Case 09 -004). That location proved to be challenged by extreme climate conditions. As a result a new series of relay sites and repeaters have been designed to function at lower elevations which appears to be a little more complex but which should make the operation and maintenance of the system more convenient and cost effective. In order to achieve the necessary "line -of- sight" with the overall lower elevations may require an increase in tower height at strategic locations in order for the system to work as intended. This case will consider three separate issues. First, a rezone is required to allow for the consideration of utility infrastructure development on the Ouzinkie Commuity School site. Schools are a permitted use in the R1 zone but utility infrastructure other than for service connections is not specifically allowed. Staff recognizes that most schools and utility installations are typically accommodated in the PL- Public Use Land zone where both uses are allowed as permitted uses. The City of Ouzinkie is predominantly zoned R1- Single- family Residential due to the broad brush application of the zone going back to 1977. Now that the community is seeing some new development this single zone approach is not serving the community as well as can be. The second request is a tower height variance. This is being referred to as a prospective variance because it is being considered under the PL- Public Use Land zoning standards which will not apply until the commission and assembly have taken some affirmative action on the above request. While staff believes this will be likely to occur, it is not a foregone conclusion until the assembly adopts the zoning amendment by ordinance. Hence, the prospective nature of this request. Staff will recommend that the variance does not become effective until such action occurs. And lastly, the PL zone requires a site plan review for all permitted uses in the zone. It is not required that the site plan review be a public hearing, but staff has included the review here so that the commission can see all aspects of the request in once case and take public testimony on all aspects at one time. Because the commission is asked to Staff Report - Page 5 of 12 Public Hearing Item 7 -G consider a tower height variance, staff believes that the site information in support of that request is adequate to serve also for the site plan review requirement. COMMENTS - REZONE This case was initiated by the KKCC with the approval of the borough administration to bring this case forward. The site is currently developed with a school a public water supply storage tank. The school is a permitted use in the R1 zone but the 250,000 gallon water storage tank was permitted as a zoning Exception back in 1987. The Exception process is no longer a part of the code and project approved under those provisions have all become nonconforming uses. In this case, staff deemed that a rezone to bring the tank into conformity and to allow the consideration of new infrastructure to serve the community would be best accomplish in the proper zoning district. The PL- Public Use Land zoning district allows utility facilities and substations as a permitted use, subject to a detailed site plan review. When the Exception was granted in 1987 there was also a land disposal approved by the assembly which was intended to create a substantial utility easement for the public water storage tank, underground water mains and providing access to the site separate from the community school access. While the tank and other related improvements were eventually developed staff cannot find any evidence that the utility easement proposed as part of the Exception or Land Disposal processes was ever completed. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The proposed rezone to PL- Public Use Land zoning is consistent with both the 1984 Ouzinkie Comprehensive Plan and the 2008 Kodiak Island Borough Regional Comprehensive Plan Update. Both plans identify this area for Public Use. The 2008 plan has several goals that talk about diversified economic development in the community. In addition, there were several goals and objectives that talked about improving the manner in which the borough interacts with the community on a range of issues, presumably including how the borough regulates land use and zoning. This rezoning process, therefore, is an opportunity to work with the community to create some beneficial two -way communication. Although this case alone may not justify a meeting to be held within the community, the Commission and staff should be sensitive to the idea of ensuring the people of Ouzinkie are fully and meaningfully included in the process. The rezone would have the benefit of moving the existing water storage tank out of its current nonconforming status and allow for the development of new utility infrastructure to sever the Ouzinkie (and Port Lions) community on borough property in a way that will conform to the appropriate zoning standards. It should be noted that staff was unable to make a site visit in this case and therefore was not able to investigate this case as thoroughly as other cases here on the Kodiak Staff Report - Page 6 of 12 Public Hearing Item 7 -G road system. Nevertheless, the KIB GIS was consulted as well as other secondary sources of information. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract C, Block 2, U.S. Survey 4871 from from R1 - Single Family Residential to PL- Public Use Land, subject to the findings contained in the staff report dated June 8, 2011 as "Findings of Fact" for this case. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The residents of Ouzinkie and Port Lions will benefit from this rezone if it allows the development of new communications infrastructure that could make data and voice communications less expensive and more capable that current services. The extension of these services may also benefit other areas around the community and marine vessels transiting close to the community. Improving communications to and from the community could also provide additional public safety benefits similar to those enjoyed on the Kodiak road system where wire line communications are not currently available. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the need and desire for economic diversity and economic opportunity in the community. The comprehensive plan designates this area for Public Use. A rezone from R1- Single- family Residential to PL- Public Use Land is consistent with this designation which will make this site suitable for conforming government and infrastructure uses in addition to the existing community school use while eliminating the nonconformity of the existing public water storage tank and related facilities. Staff Report - Page 7 of 12 Public Hearing Item 7 -G COMMENTS - VARIANCE This case is related to an earlier project to extend broadband communications to the outlying communities of Kodiak Island. In 2009, the Kodiak Kenai Cable Company (KKCC) had obtained a CUP (Case 09 -004) for a microwave tower on top of Sharatin Mountain which would be positioned to provide broadband services to Ouzinkie and Port Lions by using microwave communications. Unfortunately, that location proved to be unsuitable due to extreme weather conditions that could exceed the capability of the tower and related communications equipment. The Kodiak Kenai Cable Company has re- engineered the project as a series of microwave connections at lower elevations. The new system being designed at a much lower elevation will typically require higher tower elevations at certain key points in the system in order to function properly. Tract C is the location chosen in Ouzinkie for a receiving and relay tower because the topography provides the best exposure to other planned relay sites and because it will minimize the need for a tower taller than 70 feet. The purpose of the proposed microwave communications system is to connect the outlying communities of Ouzinkie and Port Lions to the same submarine fiber -optic cable which currently connects the Kodiak road system to the mainland of Alaska and the Internet as a whole. The proposed tower will be of similar design to the towers that were to be erected on Sharatin Mountain and at Swampy Acres. The tower dimensions are proposed to be 13 by 13 feet by 70 feet tall. This last dimension is the reason for the variance request as the maximum building height in the PL- Public Use Land zoning district is 50 feet. Utility facilities and communication facilities are a permitted use in the PL- Public Use Land zoning district, so this case is strictly focused on the request for an additional 20 feet of tower height. Of course the site is not currently zoned for a communications tower which is why this request is referred to as "prospective ". Staff will recommend a condition of approval that the variance will become effective only if the commission and assembly act favorably on the rezone request discussed above. In addition to this condition of approval staff will also be recommending other conditions of approval that are similar to those typically attached to communications towers permitted by Conditional Use Permit so that any incidental impacts of the proposed development on the surrounding community will be minimized. The petitioner has provided an overview of the project in the application cover letter dated May 31, 2011 which is located in the "Application" section of this packet. Staff Report - Page 8 of 12 Public Hearing Item 7 -G RECOMMENDATION Staff believes that this request meets all the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.195 (Variances) of the Borough Code, with the adoption of specific conditions. APPROPRIATE MOTION - VARIANCE: Move to grant a variance, in accordance with KIB 17.195 & 17.130.060 (Building Height), to allow construction of a 13 by 13 foot microwave communications tower 70 feet in height on Tract C, U.S. Survey 4871, which will exceed the 50 foot maximum building height in the PL- Public Use Land zoning district by an additional 20 feet, subject to six (6) conditions of approval contained in the staff report dated July 6, 2011, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. The color of structures and equipment will be subdued to blend in with the natural environment surrounding the facilities; and natural vegetation immediately surrounding the facilities will be preserved to the maximum extent possible to preserve visual aesthetics. 2. The site developer will minimize the disturbance of natural vegetation and will ensure that natural vegetation is restored to the site within two growing seasons. 3. Should the site be abandoned for any reason including the future advance of communications technology or development of alternative communications facilities, the site will be cleared of all improvements within one year of abandonment and returned to a natural state. 4. Should the exterior of the facility require modification to accommodate new or different equipment, which would substantially alter the visual impact of the facility, the modifications must be reviewed and approved by the Commission, as an amendment to this case, subject to payment of a new fee for public hearing review of a variance. 5. In reviewing this request, the Commission has substantially relied upon the project description and site plan and application for this case submitted by the Kodiak -Kenai Cable Company. The variance, therefore, is specifically limited to the facilities and operational parameters set forth therein. 6. The variance will not become effective until both the commission and assembly have acted favorably on a rezone from R1- Single- family Residential to PL- Public Use Land for this site. Staff Report - Page 9 of 12 Public Hearing Item 7 -G FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical circumstances or conditions applicable to this property are not typical for a variance, but this site is strategically located on high ground that is close to the communities existing infrastructure systems. In addition, this site can, with an additional 20 feet of tower height over what would normally be allowed, can provide a line of sight to other relay stations thereby making a microwave communication link to Ouzinkie and Port Lions possible. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance, restricting tower height to fifty (50) feet, would result in practical difficulties or unnecessary hardships which might make it economically unfeasible to provide the proposed broadband communication links to the villages of Ouzinkie and Port Lions. The result could result in a denial of broadband communication services and benefits similar to those enjoyed on the Kodiak road system. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. The proposed 70 foot tower will be a substantial structure which may create some visual or aesthetic impact along the Third Street corridor. For this reason staff has recommended the inclusion of certain conditions which are similar to those typically applied to towers allowed by conditional use permit on Pillar Mountain and in other exposed locations on the road system. By applying these conditions of approval there should be no material damage or prejudice to other properties in the vicinity of the tower site or detriment to the public health, safety and welfare as a result of increasing the maximum height of this tower by 20 feet. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to objectives of the Comprehensive Plan as utility facilities and communications sites are permitted in the PL- Public Use Land zoning district subject to approval of the related rezone request. Staff Report - Page 10 of 12 Public Hearing Item 7 -G 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. No action of the applicant caused special conditions or financial hardship necessitating the variance. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. Granting of the variance will not permit a prohibited land use as utility facilities and communication facilities are routinely allowed in the PL- Public Use Land. COMMENTS - SITE PLAN Staff believes that the site plan review in this case is subsidiary and incidental to the more substantial rezone and variance requests. Nevertheless it is a requirement that must be dealt with under the code, assuming that the rezone is approved by the commission and assembly. Staff has reviewed the site plan and already recommended conditions of approval for the variance case which are comparable to those applied to other communication towers that are approved by conditional use permit. Staff therefore recommends approval of this request with minimal findings as to the consistency of the site plan with approved plans and proposed change in zoning as previously outlined in this case. RECOMMENDATION Staff believes that this request meets all the conditions necessary for approval of a site plan to be granted under Chapter 17.130.020 (Permitted Uses) of the Borough Code APPROPRIATE MOTION - SITE PLAN: Move to grant site plan approval, in accordance with KIB Code Section 17.130.020 (Permitted Uses), allowing establishment of a microwave communication tower on Tract C, Block 2, U.S. Survey 4871, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. FINDINGS OF FACT 1. The proposed communications tower and related facilities have been reviewed in the context of a variance request and subject to meeting the conditions of approval associated with that request the use and structure will be consistent with all relevant borough codes. Staff Report - Page 11 of 12 Public Hearing Item 7 -G 2. The proposed communications tower has been reviewed in the context of a rezone of Tract C, Block 2, U.S. Survey 4871 and based on that review it is clear the proposed use is consistent with applicable comprehensive plan recommendations for this site. 3. Assuming that all related requests for this project are approved, there will still be an additional site plan review for zoning compliance purposes to ensure compliance with required conditions of approval or other relevant codes not specifically cited in this case review. Staff Report - Page 12 of 12 ms : s ) USS 1.971 V TRACT MoT B b MAR I R, e!f AS 0 USS 4871 e e• 101 U ii M is i .. mocest <._-_fv \ j aR " alit %et* KOCK I 4 Ott101!6. /2 ■Pb V4 IL d lir lir a 7}- 1----1 r ' O Allk 4•47 4 O Sit tiS - . 2 l k )‘ '11.1 4 441 7 41" . 4t0A D ',., ArAtte: ! 101 4s7NPF 4 0 ki 4 eta "C i APS 0.tr . r W" e f44, * 1 �® � o %;1% t les � ®KA nN-ts 444441.6*7;#744Striir se ®•H. — �I USS YEW I rJ EE XI a_RE i JJJ�J JJ JJ � USS 1702 Z. LEGEND MONINte MAP ., f R -2 TWO FAMILY RESIDENTIAL N J. ,0. 4. . nraT I NOTE: IN ACCORDANCE WITH K.IB. ORDINANCE 77-19-0. ALL LANDS WITHIN THE ]c■Lz CORPORATE LIMITS OF OUZINKIE ME REZONED TO R -I UNLESS OTHERWISE SHOWN ON THIS ZONING M. B- Business m 0 N Do $�� r�wf?� �' a sr c BAR u ® V • t$ #* 9� t sSA't s o fl O • �r a there +'e S col > 11 11#4\r" ,-- AK-, TM i il \ itt _cat "•- est. We 20, L �� ® roes .r. it stitats.. . ® 'cot cm �' e e 4 01 it - a r -a I I I ilas - Y SS 3�6Y Y m C E E 2 E Q Kodiak Island Borough - Ouzirtlde: Proposed Future Land Use 76 1 0 Mixed Use /Comme 0 Conservation Waterfront/Residential ; Residential J Waterfront/Residential t . Ma Industrial n Public Use /Religious w 3 Kodia a ®- e � BOR UGH w emp c nMnely Plan update ° Source: Kodiak Island Borough G/S, 2005 c m u Public Hearing Item 7 -G Excerpt: KIB 2008 Comp Plan Update Coapa Pop000®z poimp llemsou ation notions Many of the following goals, policies and implementation actions correspond to the issues identified above and /or were identified in the Ouzinkie Community Plan prepared through a community process that took place over several months. Land Use Policy A Provide flexibility in zoning to allow for lodges or cabins and home occupations, cemeteries and industrial areas. Parks and Recreation Goal: Support efforts to develop parks and recreation facilities. Implementation Actions * Assist the City in developing the empty space behind the school into a ball field. A Maintain facilities at the City park at Sourdough Flats. Transportation Goal: Improve access to Ouzinkie. Policy A Improve roads. Implementation Actions # Increase roads inventory. p Resurface current roads. ■ Develop a community transportation facilities plan. * Build a new rock -lilted sheet pile dock with necessary equipment that can accommodate the Alaska Marine Highways Ocean -going ferries and commercial expeditors. * Build a new airstrip developed in accordance with existing project design. * Develop access to the Alaska Marine Highway. x J"_ - °- Kodiakisland :a, """a"p ;w Chapter Eleven ii Loc eommanitles R u �. ,� , pa e(49 i' Jan a 2D08 .� ku.. � � BOROUGH s „ CompmppnsNe Ylan UpCale � Appendix - Page 3 of 4 Public Hearing Item 7 -G Appendix - Page 4 of 4 Windows Live Hotmail Print Message Public Hearing [kip q-' P &Z July 20, 2011 Ouzinkie Site Layout From: David Burns (clhurns @sanealaska.com) Sent: Thu 7/14/11 1:29 PM 1¢ Herman Squartsoff (sicharters @hotmail.com) (sicharters@hotmail.com) 1 attachment Quzitike - lower Layout.pdf (47.6 KB) Herman, As discussed, we do need to ensure that the Planning and Zoning Committee is aware of and planning to approve the variance of the 25ft setback currently in place for Right of Way along the SE border of the property. As noted in the attached, we are looking to relocate the existing fence approximately 4 ft to the SE to provide sufficient room to install the tower without interfering with the overhead wire that is routed to the water tower. This version also moves the fence next to the fence which will provide better access for grounding work we still need to accomplish to properly integrate the tower and hut grounds. Let me know if you have any questions and I appreciate your assistance in working the Kodiak Island Borough to rectify these last few items. Regards, Dave f i 1 David Burns E � -' -a 1J V Manager, Technical Solutions Division .. l JUL 1 5 2 SAGE Systems Technologies, LLC COMP , _.. -. - ,.,rNT DEPARTMENT 0:407- 302 -2645 C: 407 -925 -6751 F: 407 - 302 -2646 Email: dburns @sagealaska.com Additional Information - Page 1 of 2 http: / /sn111 w.sntl 11. mail. live. com / mail /PrintMessages.aspx ?cptds =51 aba996- ae60 -11 e0 -... 7/15/2011 so- V o 0 0 I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 o 7 r I � r o T o o il o o o o— I I I 141•1614.. ins•• I • a Hs a _ _ — f ( o `�. 3 . _ 7 0 CD m pi, N O N _ RECEllVE in \-: - 0 - 0 90 c N C s L :7"r..=n� r...a nanom 0-1127e4 .y e-inmn • C 5' JUL 1 5 2 011 `D N N O = ^ti( M O SAGE SYSTEMS TF.CHNOLOG[E9� COMMUNITY DEVELOPA "PNT nEP " • ,_� - 3 Kodiak Microwave System (KMS) J 0 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 9.B TITLE: State of Alaska Alcoholic Beverage Control Board Request for NEW Liquor License Application for the Roads End, Chiniak, Alaska, License No. 5100 (Applicant: Janice & Norman Botz). SUMMARY: 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance 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 transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. After investigation, it has been determined that the borough has NO INTEREST that can be protected by protesting the approval of the NEW liquor license application for this location. Twelve public hearing notices were sent out on August 15, 2011. The Roads End also filed a Restaurant Designation Application with the Alcoholic Beverage Control Board that allows persons under the age of 19 to enter licensed premises for purpose of non - alcoholic related employment or dining, pursuant to 13AAC 104.715 -795 and AS 04.16.049. 13 AAC 104.725(e) stipulates an application for a new designation of premises under this section will be approved by the board only if it is approved by the local governing body having jurisdiction over the area in which the licensed premises exists. Therefore, the ABC Board forwarded the application to the Borough for Assembly approval. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to voice NON - PROTEST to the State of Alaska Alcoholic Beverage Control Board for the NEW liquor license application for the Roads End, Chiniak, Alaska, License No. 5100 (Applicant: Janice & Norman Botz). State of Alaska Alcoholic Beverage Control Board Date of Notice: August 1, 2011 Application Type: NEW X TRANSFER Ownership Location Name Change Governing Body: Kodiak Island Borough Community Councils: None License #: 5100 License Type: Restaurant Eating Place D.B.A. *: Roads End Licensee /Applicant: Janice & Norman Botz Physical Location: 43844 Chiniak Highway, Chiniak Mail Address: PO Box 5508, Chiniak, AK 99615 Telephone #: 907 486 - 0438 EIN: 27- 2849256 Corp/LLC Agent: Address Phone Date and State of Good standing? Limited Partnership /Corporation N/A Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. Member /Officer/Director: DOB Address Phone Title /Shares ( %) Janice Botz 01 -24 -53 PO Box 5508 907 -486 -0438 N/A Chiniak, AK • 99615 Norman Botz 07 -06 -1952 PO Box 5508 907 - 486 -0438 N/A Chiniak, AK 99615 If transfer application, current license information: License #: N/A Current D.B.A.: N/A Current Licensee: N/A Current Location: N/A Additional comments: RESTAURANT DESIGNATION PERMIT WILL FOLLOW • it= A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board 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 protest is "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, THE 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 permit 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 been approved. 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 or 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 council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC I04.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. Sincerely, /s /Christine C. Lambert Christine C. Lambert Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Rd A')orage, AK 99507 - Voice (907) 269 -ran - Fax (907) 272 -9412 Alcoholic Beverage Control Board New Liquor License PAGE 1 OF 2 5848 E Tudor Rd p (907) 269 -0350 Anchorage, AK 99507 7(g %5 — 76 Q K Fax: (907) 272 -9412 r u / oo www.dpsstate.ak.us/abc This application is for: ❑ Seasonal — Two 6 -month periods in each year of the biennial period beginning and ending tg, Full 2 -year period Mo/Day Mo /Day SECTION A. LICENSE INFORMATION. Must be completed for all types of applications. FEES License Year: , i License Type: Statute Reference License Fee: 5640. (O111ce Use nary)- ‘ geS4 K 1 RCti E 1.v1 p j &cc Sec.04.11. 100 Filing Fee: $100.00 License #: E 1 Local Governing nuuy: (City, Borough or Community Council Name(s) & Mailing Address: Fingerprint: Unorganized) (t,K2S per person) I <odI6tkI:510 ( 5ord Lc. Total Name of Applicant Submitted: S (Corp /LLC/LP/LLP/lndividual /Partnership): S a v 11 L.e_ �.L B Doing Business AS Rusin ss Name): Business Telephone Number: AA U tL Rca '707 - Lie(0 -0g3P) /) OY Nt a rt 8 0 / y 2. Fax Number: 1) 6A 20 aIl Same_ ..,_ti en Sac&il -Pr5f Mailing Address: Street Address or Location of Premise: Email Address: 9 1 3 0 x 5 508' c13 CLJhick f--1 1 n,3 6oftJ c clinic City, State, Zip: Chih l 4 k- Ak q,sbl5" Ch in1Gle_ 1 Ak tS ( I S ' SECTION B. PREMISES TO RE LICENSED. Must be completed. Closest school grqunds Distance measured under: ❑ Premises is GREATER than 50 miles from the boundaries of an Ip AS 0411.410 OR incorporated city, borough, or unified municipality. ' in l' 't Cl Local ordinance No. ❑ Premises is LESS than 50 miles from the boundaries of an incorporated Closest church: .. Distance measured under: m borough, or unified municipality. ' AS 04.11.410 OR Not applicable 3 ii f'Fl - t es Local ordinance No Premises to be licensed is: ❑ Proposed building ❑ Plans submitted to Fire Marshall (required for new & proposed buildings) Existing facility .1/I.-Diagram of premises attached ❑ New building SECTION C. Individual, corporate officer, limited liability organization member, manager or partner background. • Does any individual, corporate officer, director, imited liability organization member, manager or partner named in this application have any direct or indirect interest in any other alcoholic beverage business licensed in Alaska or any other state? ❑ Yes XNo If Yes, complete the following. Attach additional sheets if necessary. Name Name of Business Type of License Business Street Address State Ilas any individual, corporate officer, director, limited liability organization member, manager or partner named in this application been convicted of a felony, a violation of AS 04, or been convicted as a licensee or manager of licensed premises in another state of the liquor laws of that state? ❑ Yes µs, No If Yes, attach written explanation. Office mac o 1 1‘ 1 I Date Approved I Director's Signature Alcoholic Beverage Control Board - �1 PAGE 2 of 2 — "1 5848 E Tudor Rd L L Anchorage AK 99507 Licensee Information PH: 907 269 -0350 - FX: 907 272 -9412 www.dps.state.ak . us /abc Corporations, LLCs, LLPs and LPs must be registered with the Dept of Community and Econorfticrbeveiopment. Name of Entity (Corporation/LLC /LLP/LP) (or N/A if an Individual ownership) Telephone Number Fax Number Corporate Mailing Address: City State Zip Code Name, Mailing Address and Telephone Number of Registered Agent Cer of ti Incorporation D State of Incorporation Certification with DCEU Is the Entity in compliance with the reporting requirements ofT IO of the Alaska Statutes ?❑ Yes ❑ No If no, attach written explanation. Your entity must be in compliance with Title 10 of the a Statutes to be a valid liquor licensee. Entity Members (Must include Presidentretary, Treasurer, Vice - President, Manager and Shareholder /Member with at least 10%) Name Title % Home Address & Telephone Number Work Telephone Date of Birth Number NOTE: On a separate sheet provide information on ownership other organized entities that are shareholders of the licensee. Individual Licensees/Affiliates (The ABC Board defines an "Affiliate" as the spouse or significant other of a licence. Each Affiliate must be listed.) Name: 3'oZ,V1, j(..e /Son_ Applicant It Name: Applicant ❑ Address: [ 01 30-. 6�� Affiliate ❑ Address: Affiliate ❑ — Chi in i kit ,4(t- 6 1 9 { 6 l Date of Birth: Date of Birth: Home Phone. q" tai -U513g �HS� Home Phone: Work Phone: 0 ) — 2)4 - 7E44 Work Phone: Name: Aloirkkeln $ 01 Applicant ❑ Name: Applicant ❑ Address: P01 o - 55 Affiliate pi, Address: Affiliate ❑ - Ck; n ;AK .4k qq b 15 Date of Birth: Date of Birth: Home Phone: tftb _0 y , Home Phone: Work Phone: O 6 - 19CZ- Work Phone: Declaration • I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations. • I hereby certify that there have been no changes in officers or stockholders that have not been reported to the Alcoholic Beverage COMM Board. The undersigned certifies on behalf of the organized entity, it is understood that a misrepresentation of fact is cause for rejection of this application or revocation of any license issued. • I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450, no person other than the licensee(s) has any direct or indirect financial interest in the licensed business. • I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. Signature of Licensee(s) Sign Signature Q n , � ►11 11 11 1/ t `/' ,�`` ANN V � ` 'S ales /c N e isle( Print) ` �� y • • Title (Please Prt) ipe Otttrr �io7 OI ✓nr.r �� • a� /Jah— O Lai j Subscribed and sworn to before me this / - r ,QTA Su + a nd sworn to before me this J/ day of 4kC 2Ui a ue ��y� - a=of laC , Za// . Notary ` Public and for the State of Alaska Tr, t ot, CS N oo£ry Pablic i d for the State of Alaska My commission expires: p r Z .4, V � .bmmissitm expires: (} /1 / t f ns New License App 3/09 / =u' Kodiak Island Borough s * %)li' Off ice of the Borough Clerk � �' / 710 Mill Bay Road d„:„. , Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 MEMO TO: Distribution FROM: Marylynn McFarla DATE: August 2, 2011 SUBJECT: New Liquor License The Alaska Beverage Control Board has notified the Kodiak Island Borough of a new liquor license for: License #: 5100 License Type: Restaurant Eating Place D.B.A.: Roads End Licensee /Applicant: Janice & Norman Botz Location: 43844 Chiniak Highway, Chiniak Per KIBC 5.01.030 (A.1) New license and transfer procedure. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license. 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 new liquor license application. Please return this memo to the clerk's office by Friday, August 12, 2011. 5100 — Roads End The Department The Department has an interest, which can be protected by has NO interest, which can be protected by protesting the application for transfer. Please protesting the application for transfer. indicate the interest to be protected: Signature: Signature: Date: Date: Distribution:,/Rick Gifford, Manager Finance Director vAssessing Department Director ✓Building Official ✓Community Development Department Director ,,Fire Marshall /Engineering and Facilities Department Director Enclosures: ABC Notice Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 5100 License Type: Restaurant Eating Place D.B.A.: Roads End Licensee /Applicant: Janice & Norman Botz Location: 43844 Chiniak Highway, Chiniak A public hearing will be held on Thursday, September 1, 2011. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to mmcfarland @kodiakak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5:00 p.m. on Thursday, September 1, 2011. If you have any questions, please call us at (907) 486 -9310. Name: Mailing Address: Comments: KODIAK ISLAND BOROUGH JOAN BRODIE SONDACO, LLC 710 MILL BAY RD PO BOX 296 PO BOX 2338 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ELI RODGERS RANDY GILBERT ETAL ERIK LEONNIG PO BOX 5582 PO BOX 1680 PO BOX 5581 CHINIAK, AK 99615 KODIAK, AK 99615 CHINIAK, AK 99615 ERIC HANSEN ETAL PERRY PAGE ROBERT RUSSELL ETAL PO BOX 1482 PO BOX 578 PO BOX 5575 KODIAK, AK 99615 KODIAK, AK 99615 CHINIAK, AK 99615 HANS REDINGER JON BOTZ NORMAN BOTZ 1765 HIGHLAND AV E PO BOX 5538 PO BOX 5508 SHERIDAN, WY 82801 CHINIAK, AK 99615 CHINIAK, AK 99615 LEISNOI, INC 2713 N. 63RD ST MESA, AZ 85215 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 13.A.1 TITLE: Contract No. FY2012 -10 Kodiak Landfill Baler Building Overhead Door Replacement 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 Landfill Baler Building Overhead Door Replacement Project as shown in the construction documents prepared by KIB staff. The construction documents, bid documents and associated addenda are available for review. Bids were received in response to KIB's Invitation to Bid dated July 1, 2011. Brechan Enterprises, Inc. was the only responsive bidder for the project. The cost estimate reflected in the budget is $35,000 per door. Current code requires 130 mph wind load design which increases costs to $95,000 for two doors. Bid tabulations is attached. Staff recommends approval of Contract No. FY2012 -10. FISCAL NOTES: Account No.: 490 -703 452.150 Amount Budgeted: $35,000 Expenditure Required: 95,000 APPROVAL FOR AGENDA: iteci 4 r RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2012 -10 with Brechan Enterprises of Kodiak, Alaska for the Kodiak Landfill Baler Building Overhead Door Replacement Project in an amount not to exceed $95,000. estaatel Fr dZcia KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT Kodiak Landfill Baler Building Overhead Door Replacement This CONTRACT ( "Contract "), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Brechan Enterprises, Inc. Company Name 2705 Mill Bay Road, Kodiak, AK 99615 Company Address (Street or PO Box, City, State, Zip) a/an n Individual nPartnership point Venture (Sole Proprietorship X Corporation incorporated under the laws of the State of Alaska , its successors and assigns, herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above - referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed Ninety Five Thousand dollars ($95,000.00 ) for all base items. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: November 15, 2011 or within n/a calendar days following the date of notice to proceed. [The Borough's signature below shall constitute notice to proceed.] It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover actual damages dollars ($_n/a ) per day for each calendar day elapsing between the time Kodiak Island Borough Construction Contract Page 1of 3 stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $ 50% Payment Bond, and $ 50% Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means Rick Gifford_ or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: � ; ( IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Company Name Signature of Authorized Company Representative Typed Name and Title Date Kodiak Island Borough Construction Contract Page 2of 3 KODIAK ISLAND BOROUGH Signature of Borough Manager Typed Name Date Borough Clerk (ATTEST) Kodiak Island Borough Construction Contract Page 3of 3 Landfill Baler Building Overhead Door Replacement Bid Tabulation Bid Opening: 7/26/2011 15:00 BASE BID Alt. 1 Total No. GENERAL (Base + Alt's) CONTRACTOR Brechan Enterprises, Inc. 1 $ 95,000.00 $ 15,000 $ 110,000 % Of Est 135.71% Estimate 70,000 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 13.A.2 TITLE: Contract No. FY2012 -11 Project Management Software. SUMMARY: Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. Kodiak Island Borough solicited proposals to provide project management software as a service for the Kodiak High School Addition and Renovation in accordance with KIB Code 3.30.070. Four proposals were received and short- listed to two by the Engineering /Facilities and Information Technology departments. Two live presentations were made. The proposals and presentations were scored by the E /F, IT, and Finance departments and e- Builders was selected for negotiations. Staff negotiated scope, schedule, and price with e- Builders resulting in the attached contract. FISCAL NOTES: Account No.: 460- 553.452.11010021.7 Amount Budgeted: $1,824,000 Expenditure Required: $85,000 APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2012 -11 with e- Builders Incorporated of Plantation, Florida for Project Management Software in an Amount Not to Exceed $85,000. chameleon IS OFT W -ARE INC.! SOL000NS FOR MR CONSTRUCTION INDUSTRY 1015 Locust Street, Suite 700, St. Louis MO 63101 Tel: 314 -863 -2378 Fax: 314- 231 -5469 July 11, 2011 Mr. Woody Koning Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Woody: It was a pleasure meeting with you, Ken and Jessica these past two weeks. Our efforts with selecting a system achieved the success we planned. My goals with this letter are to recap the process we just concluded, provide specific terms to include in your contract ultimately signed by Kodiak Island Borough (KIB), and recommendations moving forward with implementing the system. The process started this past December when we first started enhancing the RFP. 4 participants ultimately responded of which 2 were selected for final on -site demonstrations, they being Prolog and e- Builder. Both were selected after each scoring positively to over 90% of the questions submitted. After both vendors following the same demonstration script, e- Builder was selected for these reasons: 1. Organization of the home page. All users felt most comfortable with navigating through e- Builder. Items due for follow -up combined with user - defined pie -charts and other reports were better organized in e- Builder according to all KIB reviewers. 2. Apple IPad compatibility. e- Builder is; Prolog has no current plans at this time. The reason why this is important is Jessica Wolfe uses an IPad. Any increases in her efficiencies positively impacts KIB given her mission critical support role to the KIB Engineering Team. 3. Importing contractor payment applications electronically with on -line validation and approval. This capability virtually eliminates data entry of payment applications by KIB administrative personnel. e- Builder supports this functionality; Prolog does not. 4. Managing fund account balances. They allowed user - defined percentage of funds by schedule of value line items, and provide reporting capabilities that identify budget, encumbered and spent amounts by fund source, with detail transactions listed by fund source. This will save much time currently spent reconciling fund amounts due to inadequate information provided by the New World Accounting System. 5. Managing cash flow. e- Builder integrates directly with MS Projects and with some configuration, Primavera's scheduling system, to manage cash flow reports with options such as linear and the bell curve. Prolog does not provide this capability. 6. Workflow capabilities. e- Builder provides user - defined workflows; Prolog does not. chameleon ISO FTWARE INC.' samioxs FOR IMI COmisru IION INDUSTfl 1015 Locust Street, Suite 700. St. Louis MO 63101 Tel: 314 - 863 -2378 Fax: 314- 231 -5469 Mr. Woody Koning Kodiak Island Borough July 11, 2011 P. 2 7. More owner references. Both organizations provided excellent references. However, e- Builder offered many more owner references. For the reasons above, e- Builder was selected. I contacted all vendors that responded to the RFP and informed them of why they did not earn the business. I also identified specific product and presentation enhancements needed to be made to improve earning other future opportunities. All were satisfied with the transparency of the process and the opportunity to receive specific feedback to enhance performance with future opportunities. Negotiations with e- Builder were successful. The total scope we agreed upon was $85,000, which was after a negotiated savings of $15,000; $79,000 was for the first year subscriptions and all implementation services guaranteed to complete the implementation and $6,000 budgeted for reimbursable travel and per diem expenses for on -site implementations; actual expenses are to be paid by KIB. Note that Prolog's proposed solution for the same scope of services was $76,763; KIB secured the system it wanted at a very competitive investment amount. The above narrative demonstrates the procurement process was a complete success. The contract for Chameleon Software's services was under $25,000, of which a $15,000 savings was negotiated by me, resulting in our services being provided at a net cost of $10,000. Given the current workload of Jessica and Ken, I feel it is safe to conclude that the $10,000 cost was a prudent investment for KIB. As part of our services, attached is Illustration A listing specific terms to be included in the contract with e- Builder. I highly recommend weekly implementation review meetings to validate e- Builder's compliance with their implementation schedule and contract scope. As I have worked with KIB, I have these observations and recommendations: 1. KIB Engineering is severely understaffed with supporting its projects. Currently KIB has over $140 million of projects under management in the planning, design and execution phases managed predominantly by two people: Ken Smith and Jessica Wolfe. In essence, KIB has two people overseeing project management responsibilities for the equivalent of a $140 million business enterprise. To put this in perspective, I recently left a client (higher education) that had this much under construction with a support staff of 3 administrative personnel, 4 project managers and 2 executive management personnel. More staff is required. Remember, the opportunity cost of KIB Engineering personnel is higher than other operating units due to the amount of the financial investment in the facilities whose construction is being managed. chameleon !SOFTWARE IN CI SOLUTIONS toe nit 'OONSIeuQMN 1015 Locust Street, Suite 700, St. Louis MO 63101 Tel: 314 -863 -2378 Fax: 314 -231 -5469 Mr. Woody Koning Kodiak Island Borough July 11, 2011 P. 3 2. Updating KIB's contract specifications with a detailed communications specifications document describing all business rules by process for collaborating with all KIB consultants and contractors. 3. Evaluation and enhancement of current practices to most effectively implement e- Builder and most important, manage KIB's facilities capital projects. 4. Updating of procurement practices to allow $50,000 approval of contracts before board approval is required. Consulting services for facilities contracts are commonly higher than others because of increased scopes of work normally associated with the nature of construction and consulting services. The current $25,000 threshold is costly given the amount of time required to publicly procure contracts and Jessica's already overcommitted workload. In short, current policy restricts KIB Engineering from most effectively procuring contracts for small projects, and is too costly especially given the limited resources of KIB Engineering. Addressing the above items will help KIB manage its facilities capital projects most effectively and economically. Thank you for providing us this continued opportunity to work with you and everyone at Kodiak Island Borough. As always, I appreciate it very much. If I can be of further assistance, feel free to call me at (314) 406 -4319 (cell). Most sincerely yours, Daniel Bailinger President DB Enclosure Illustration A KIB e- Builder Contract Scope Inclusions Item # Scope Description 1 For each of the e- Builder process and workflows as listed in Illustration 3 la - Conduct all discovery sessions 1 b - Develop all data fields - Develop all workflow steps including identifying all data fields, personnel, and 1 c output by workflow step. 1d - Develop all security by roles by workflow step by data field le - Generate at least two reports - one showing detail and the second a summary - Generate all custom forms including purchase orders, invoices, change orders, if payment applications, and any other custom form used to transact business. 1g - complies with all functionality requirements listed by process in Illustration 3. Automatically integrating contractor payment applications including but not 2 limited to these specifications: - automatically importing a contractor's payment request submitted electronically 2a in an AIA G703 detailed breakdown sheet compatible format. - validating all control totals submitted total correctly. If not, the payment application is returned with a statement stating why. A rejection log is updated 2b with the date and time of the rejection. - includes all attached electronic back -up documents, automatically uploads them into the applicable document file folders and links them to the electronically 2c created contractor payment application. 2d - automatically triggers e- builder configured native workflow for approval. 3 Address Global System Features listed in Illustration 3 4 Address KIB's Funds Management and Reporting needs as follows: - By project tracks amounts budgeted by fund source, committed by committing documents including contracts, purchase orders and change orders to each, and 4a amounts spent by fund source. - Provides detail transaction listing per item (4a) above in a real -time basis, and 4b view by monthly period and /or date range. - provides detailed transaction reports by project and summary totals for all 4c projects selected for reporting. - allows multiple fund sources to be committed against one contract schedule of value item recognizing multiple fund sources may be needed to fund part of the 4d contract scope of work. - allows multiple fund sources to be expensed against one contract schedule of value item when processing the contractor's payment application recognizing 4e multiple fund sources may be needed to pay for part of the contract scope of work. 5 Collaboration with contractors and consultants: 5a - on -line collaboration for each of the highlighted tabs per Illustration 3 - automatic importing of documents as described per items (2) above that 5b automatically trigger workflow. 6 Implementation - All implementation requirements, including schedule management and status reporting are to be fulfilled. Any delays result in additional free e- Builder 6a subscription time until the implementation is completed. - KIB is responsible for final approval of all processes before accepted into 6b production. Contract scope includes unlimited number of approvals allowed by e =Builder e- Builder Incorporated 1800 NW 69th Avenue, Suite 201 Plantation, Florida 33313 Phone: 800 -580 -9322 Solution Overview - Schedule A For Kodiak Island Borough July 5, 2011 Version 1.0 '}< ; _ r . fie. �,. r t k Y 1 -„, F w , , 'C p t O Q •rea�� m_� t , & r. - i t M a n g m - nt Sofit 6,p r .., .., ti • '� F _ t i t 11 P+ / 1' iY . � 1 4. -a / + ' �� t J �r . _. \ . ,..,„ z., ,..... This document is intended only for the use of Client personnel under the terms of the NDA on file. It may not be distributed outside of the client organization without previous authorization from e- Builder. © Copyright e- Builder, Inc., 2011 &Builder Table of Contents Company Background 3 Product Overview 5 Implementation Methodology 12 Gate Process 14 Implementation Duration 15 Client Life -Cycle 16 Maintenance & Support 17 Technical Support 17 Account Management 17 Release Schedule 18 Enhancement Release Process 18 Availability & Redundancy 20 Technical Support Access 20 Network architecture 20 Disaster recovery 23 Service Stats 23 Monitoring and Alerts 23 Hardware / Software Requirements 24 Framework 24 Minimum Recommended Desktop Standards 24 Client Responsibilities 25 Assumptions 26 Implementation Scope 27 e- Builder Software Licensing Scope 37 Investment Summary 38 Acceptance 39 Confidential 2 Solution Overview - Schedule A eauilder Company Background e- Builder developed an Online Collaboration and Project Management (OCPM) System that has been meeting the needs of owners and program managers for over fifteen years. Its founders and leadership team were raised and formerly schooled in the design and construction field, implementing practical approaches that might otherwise be overly complicated. Earned Prestige and Trust e- Builder is trusted by some of the biggest Owners and Program Managers in North America (project portfolios in excess of $100 billion) to provide a reliable, cost effective, and flexible platform to strategically manage cost, schedule, and scope information during planning, design and construction. e- Builder also provides these organizations with an auditable control mechanism to meet regulatory requirements. Accessible and Responsive Team e- Builder prides itself in being accessible to our clients, and responding to their needs as part of our product roadmap definition — 75% of our enhancement requests come from clients. Also, e- Builder's leadership team is available to address issues or concerns quickly. Experience in the AEC Space Our team consists of seasoned experts who have been named based on their past experience implementing our software throughout the world. The e- Builder team is experienced in the implementation, deployment, training, and support of complex OCPM systems — we do not subcontract these functions and have built 15 years of best practices experience in how we manage and execute these projects. This experience affords us a unique understanding of what it takes to effect a successful implementation, and results in our clients achieving its stated goals. e- Builder's focus and experience has always been on the AEC space, as opposed to generic project management systems — we have not ventured, nor do we plan to venture, outside of this space. Owner -Focus e- Builder is Owner Driven (vs. Contractor Driven) — Unlike many systems that have been derived from contractor roots, e- Builder has been developed from an owner's perspective. Particularly in the areas of cost and schedule, e- Builder Confidential 3 Solution Overview — Schedule A eBuilder allows for the ability to manage draft budgets and schedule during the early planning stages as well as during construction. Program Management Focus e- Builder was built as a program management tool. This means users benefit from single project or program -wide Workflow Management, Collaboration, Document Management, Communications, Reporting, Knowledge Management, Performance Management capabilities. The solution is flexible to allow individual users to configure the system to present information according to their role and responsibilities, for instance program manager vs, project manager. The collaborative nature of the system allows for multiple parties to access and update information, tasks, and workflow to decrease the time and resources required to achieve these tasks on traditional, non - collaborative platforms. Fully Integrated System Fully Integrated Cost, Schedule, Scope, Reporting — e- Builder does not use third - party applications to complete its product set. All its modules have been developed by e- Builder as one system on one common platform. Some of the benefits to the client include a) ease of use through consistency; b) the ability to report cost, schedule, and scope information on one single project or across an entire program; c) the ability to configure the reports generated without requiring costly customizations and /or intervention by outside parties. Engineered for Lowest -risk Deployment Rapid Deployment + Reduced Risk — we believe our proposed solution has the right combination of "out of the box" functionality while simultaneously allowing the configuration of the system to mold to a client's processes. This approach reduces our client's time to market, allows the system to be phased in based on the team's absorption, and ultimately reduces the client's risk. Additionally, e- Builder's track record of reliability (0 system outages; documented SAS70 Type II certified controls; world -class data center, backup, and security features; 99% uptime) provides the Client with a greatly reduced level of risk that could only be achieved through a significant investment. Flexible Platform to Change as Your Needs Evolve e- Builder's flexible platform also affords clients with a way to configure the system to meet existing processes, but also have the capability to adapt the system as these processes are fine tuned over time, without requiring outside intervention and the added costs associated with less flexible platforms. Confidential 4 Solution Overview — Schedule A e-Builder Product Overview e- Builder Enterprise TM is the most innovative capital program and project management system of its kind and the leading system for executing capital construction projects. Whether you are managing a single project, multiple projects, or multiple programs each with several projects, e- Builder Enterprise TM provides one integrated system to manage the cost, schedule, and scope of each project as it moves from planning to design, construction and occupancy. The system is modular, and is entirely accessible and configurable via the Internet, making it the fastest system to deploy. Developed, refined and upgraded over 15 years with input from thousands of users ensures that e- Builder Enterprise's capabilities enable you to execute the most complex capital program with ease. Over 5,000 companies involved in facility planning, design, construction, and operations leverage e- Builder to improve capital project execution. The results are increased productivity, accountability, and much tighter control over costs and schedule, which ultimately reduces costs and speeds time to market. e- Builder is an integrated Online Collaboration and Project Management (OCPM) system for owners managing the design and construction of their facilities. The system is designed to address the specific needs of owners who manage capital projects from the planning phase to construction and operations. e- Builder Enterprise TM connects all of the internal and external stakeholders to efficiently manage documents, schedule, and communications across all of the projects in the organization. Key capabilities include: • Cost Management — e- Builder Cost module provides financial control and audit features in a secure environment to help you improve how you manage your budgets across one project or your entire capital program. Create and track budgets during planning or construction, and conduct budget reviews, change management and approvals online. Quickly identify past, current, and future costs, commitments and changes as a project progresses. Forecasting features enable you to accurately predict the cost -to- complete and cash flow needs to avoid unpleasant surprises. The Cost module will also provide you with cost summaries across one or multiple projects with a couple of mouse clicks, with drill -down Confidential 5 Solution Overview — Schedule A e=Builder capabilities for you to access more detailed information. Information can be viewed in many e CME - - � different ways (e.g., by �„� ,. , t vendor, or by project llndustrles! I ,,,,1; ,,,,,,,.,,, type). Used in the r - "� " .aim_ -- ,, , :: —.... ,.• ,— u project planning phase, --- � _ ra- a... 021'' e- Builder acts as a .7 • — viii """ budget creation and = .• � a. ®� . r :::. project prioritization , tool, which allows you W ._ , .vo... ...r Cur "• Y.. to leverage existing „; h j ▪ : : data from completed ;1j a „ - - - .... - ....... � . ' ro ects to develop " j P _° — sac projects accurate budgets. • Schedule Management — The Schedule module integrates the power of CPM scheduling with the collaborative capabilities made possible with the Internet to provide a program -wide milestone tracking system. Efficiently manage schedule and scope changes from a central location that is accessible by the different project resources online. Integration with common desktop scheduling systems (e.g., Primavera, MS Project) lets you import existing project files. Track performance against a baseline, while the system automatically updates the critical path as you approve schedule changes and tasks are completed. Integrated Gantt views and reports give you a graphical perspective of your project's activities (e.g., Completed, percent _ complete, behind, etc.), * C ,d,....,:..,„,.,..,. ==== including the project Industries — milestones that give — I= ---- } ' w..... you an accurate forecast of your project c a""' —=-_ 1. T r i x• — �2 completion date, as z..,.._ w —'a: well as an early- �•: �...� LL warning system to alert . •i ii: you about potential ■ �, + issues. C===if Confidential 6 Solution Overview - Schedule A e =Builder ■ • Process Management — The Process module is a sophisticated workflow engine that puts you in control of your processes. With the Processes module you can use rigid processes that make it easier to enforce your policies and procedures. Your project administrators will appreciate the ease with which they can create and configure workflow processes using the graphic Workflow Designer tool. Electronic processes enable you to capture and route information based upon the business rules you define. For instance, route an item to an individual or a group and set rules that permit on a specific action to ( be taken, which can then 0.__j " I� — 'i1Wii initiate other workflows and I ;; ' include the document = = l attachments, other forms, schedules, cost approvals and more. Processes can be a standardized across your - -- � �•-- +r >•xi entire program, or on an + individual, project by project basis. • Form Management — The Forms module is a powerful workflow engine that provides you all the power of the Process module, but, in a less rigid environment that allows the users to drive the process. Forms are often used where a strict process is not needed, or is not well I a " I °"" "'°`"°' defined. Forms can be used as a starting point to test a .. and refine your processes o — °�- and still achieve the 7 benefits of the tracking and .j reporting. These forms can r - - -� then be used to help map m • your defined process and � moved into the Process t` module. Confidential 7 Solution Overview — Schedule A etuilder ■ • Document Management — The Document module serves as the central repository of all your project files, including documents, drawings, photographs, CAD files and more. This central repository will help you ensure stakeholders work off the most current file versions, and collaborate using the integrated markup tools. Project teams benefit from improved communications, faster data exchange, and improved collaboration by accessing files from one secure location. e- Builder tracks and records all activities (e.g., upload, view, download, email, etc...) occurring in the system. Built -in version control automatically renames documents and files upon transfer, and a copy of the previous version(s) is automatically generated. View over 250 file types in e- Builder using the integrated viewer without needing to have the application that created - M the file installed on your a ME "° computer. You can Industries ' ' "" preview and markup a PDF version of the g• _.- ',:o- "° = _. original, without • --- ,,,, I, altering the original file. 7y E -mail and fax (in and - out) capabilities and complete integration with the other modules provides users with additional collaboration and communication options that promote use and adoption. • Capital Planning — The Planning module is fully integrated with e- Builder's cost, schedule, workflow and document management, built -in reporting, and third -party integration systems. Simplifying the planning process by creating a capital plan with accurate and up -to -date information and projects prioritized based on your organization's strategic goals. A user- friendly capital planning dashboard gives you immediate access to summary information you need to analyze and prioritize new projects, and drill down into more detail information. Links to active project data gives you a complete picture on evolving cashflow needs. One database which takes advantage of historical data you can use to develop more accurate estimates of future projects. Confidential 8 Solution Overview — Schedule A efluilder ■ • Contact Management - The Contact module allows you to easily manage all of your contacts across all of your projects in a central location for easy access by your team. The Contact module provides the ability to associate one or multiple contacts with a company and lets you maintain one master contact list for all of your projects. In addition, the system makes it easy to centrally view integrated project information with each contact (e.g., contracts, change orders, insurance information, etc...) for companies that are vendors. The Contact module also provides you the data to historically report and track vendor capability (e.g., total contracted amount, vendor issues and rating, amount of change orders) with drill -down A CME "m capabilities for you to inaustriesl .. r` _ _ access more detailed -- information. Used with our .° - .. _.-_ integrated Reporting — module you will have ... K a current and historical �.. reporting capability to -- manage your vendors and identify who are performing best for your company. • Calendar Management - The Calendar module provides the capability to centrally schedule and maintain project specific meetings. As many project meetings typically involve multiple companies, each with their own company calendar system (e.g., Outlook, Lotus Notes, etc.), the Calendar module provides a central calendar that is accessible by all members on the project to improve the coordination of °� "� "— --`% bt " project meetings with multiple ACM '— ' companies. Additionally, this [Industrie "°' _y,_' provides new project team 'ti members with a clear view and access to the necessary key - - - project meetings they need to be involved in when they join a - project as it progresses through Confidential 9 Solution Overview — Schedule A &Builder ■ each phase. • Bid Management — The Bid module provides the capability to invite bidders to a project, distribute plans and specifications to them, manage all communications, and keep track of bid status across all of your projects. Whether you are =. �, :r bidding for a General °^ Acorc ire, Contractor or a Subcontractor, ?- ..•...... .._ �.� m ® _ a the bidding module helps ° _ F. _ clients improve bid coverage, reduce printing and shipping -- costs, standardize the bid . _ management process, and �® maintain historical project data. It also provides easy access for an unlimited number of bidders in your vendor database who can view and download information as well as communicate with you throughout your process. • Non - Licensed Access — e- Builder provides several tools that allow you to interact with individuals who are minimally involved in your project, but provide or need access to key project data. These tools enable access and reduce the training and learning curve that can occur when a new system is introduced as part of your process. Without any training, you can provide non - licensed individuals methods of submitting, responding or accessing key data without changing the process of what they are doing today. Examples of these tools allow you to provide limited access to specific documents within e- Builder, ability to submit documents via email or fax to the correct project folder, and the ability to respond and initiate key project communications (e.g., Field Reports, Change Orders, etc...). This capability is widely used throughout the construction process to provide a way for users to interact without having to log into e- Builder. Alternatively, this capability can be used to inform public stakeholders of progress without requiring a logon into e- Builder. • Reporting and Dashboards Engines — Managing your key project information is only part of the benefit you get with e- Builder. The ability to sift through, extract, and review information that can help you in your decision making process and reporting to project stakeholders is another important benefit provided by e- Builder. Confidential 10 Solution Overview — Schedule A e=Builder ■ e- Builder includes a powerful but easy -to -use reporting engine that gives you control over how you view your data, without = -° -- » -_ _ requiring third -party applications or programming CpMu knowledge. There are a pndust limitless number of reports = °' `_` 7i, T'- ,� �-•.• that can be created and -`— - -- "- 'pushed' to others in your -°`" 0110101 11 _ firm, especially those that -- , -_ _- - -- - - — - only require updates and don't need to interact with the system. For instance, email reports to individuals and groups at predefined intervals (e.g., daily, weekly, monthly). You use our existing report knowledge base, or configure new reports based on your individual or organization's reporting needs. Fully configurable executive 7, _� dashboards provide graphical representation of ` -- .w °_ your project and program data - - _ using charts, graphs, and _ - _ _ ® �gauges you configure, and 0._ provide excellent visibility into ..._d.,._ the status of your projects and`" " Er l � program key performance _ _ indicators. You can also ---"--".— _ _ r i -- - - configure dashboards fo ;° , 1/4:4 1 /4 14 0 1. .q_ individual use, or those you ` -_ distribute across your entire - °' - i ' °1 = organization. I - - !- A I. ° , ".4"/".".• ■ i .- - "y l Confidential 11 SolutionOveiview - ScheduleA &Builder 03 Implementation Methodology The e- Builder Professional Services team is responsible for implementing the e- Builder solution to address your ongoing business challenges as they relate to the efficient delivery of capital projects. For over 15 years e- Builder has focused exclusively in the construction industry — during this time we've participated in managing hundreds of billions of dollars in capital projects. This valuable experience has enabled us to develop a solid understanding of the processes used and required for effective and efficient capital project delivery, and the best ways to automate the complex chain of processes used by your organization during the planning, design, procurement construction, and operations phases. The resulting set of processes configured for your organization in e- Builder will be: • Repeatable — driving efficiency and productivity gains • Measurable — driving ongoing business process improvement • Audi table — driving accountability and mitigating risk • Efficient — to enable you to do more with less. Whether your organization's processes are mature or in the initial phases of design, we will provide recommendations and tailor solutions that meet your needs so that you get the greatest return on investment possible. e- Builder clients benefit from a successful implementation track record. Part of this success is based on e- Builder's adherence to a proven implementation methodology modeled after the Project Management Institute's (PMI) recommended 5 -phase project implementation approach of Initiation, Planning, Execution, Control, and Closure. This approach enables checks and balances that give you visibility throughout the process, provide metrics, and gives you control over the implementation's scope. The e- Builder implementation methodology includes the degree of flexibility required to meet your organization's specific needs and time constraints. Our broad range of deployment tools and our team members' experience allows for rapid deployment to minimize your risk while maximize your return on investment. Our repeatable and measurable implementation process along with e- Builder's unique product capabilities result in: • Phased implementation approach minimizing adoption risk; Confidential 12 Solution Overview — Schedule A e =Builder • Rapid time -to- market resulting in a faster return on investment; • The highest degree of quality within the implementation lifecycle; • A high adoption rate post implementation resulting in a higher return on investment. Implementation Process Major Milestones Project Kickoff. Planning and Timeline Establishment Initiation Success criteria defined Initial Discovery and Requirement Establishment t Finalize Requirements Planning Process Definition Requirement and Process Documentation 4 Configuration of e- Builder to achieve process and requirement goals. Execution Development enhancements (if required) Post Implementation adoption plan defined and approved 4 Testing of configuration and processes Testing of Enhancements Of required) Control E- Builder Admin Training E- Builder User Training (product and processes) 4 Adoption Plan Execution Closure 1 -on -1 training as required. Project post -mortem joint review Confidential 13 Solution Overview — Schedule A &Builder ■ Gate Process Between each phase of the implementation is a formal gate meeting required to progress to the next phase. The e- Builder implementation gating process ensures the necessary stakeholders have complete visibility into all facets of the implementation and can accurately communicate the status and every step of the project. Each meeting is used as an opportunity to review the current scope and timeline of the project and to openly communicate any and all potential risks and mitigations. Though a formal meeting is not necessarily required, it is often advised to ensure the constant communication is occurring at the executive level of the project. The following articulates each gate meeting's goals and objectives. • Gate 1 Prior to the Planning Phase — The goal of this meeting is to approve the timeline for the implementation including remaining milestone dates and onsite meeting schedules for design and training. • Gate 2 Prior to the Execution Phase — The goal of this meeting is to jointly approve the requirements and ensure the scope of the implementation is finalized. Furthermore, the team will jointly review any risks and associated mitigations. • Gate 3 Prior to the Control Phase — The purpose of this meeting is two- fold: 1. To review the e- Builder configuration and ensure that it matches the needs and requirements previously defined, and 2. To review and approve the adoption plan. The adoption plan is a blue -print for the rollout and defines specific user functions, the projects which will benefit from the utilization of e- Builder at launch and the functional rollout of specific modules. • Gate 4 Prior to the Closure Phase — This meeting ensures that the project is complete and the team has been trained and is well versed in performing their specific job function within e- Builder. • Gate 5 After the Closure Phase — By referencing the Adoption Plan approved in Gate 3, the team jointly agrees that the users are utilizing e- Builder as planned and that you are now realizing the return on your investment. At this point, the client is formally introduced to the Account Management and Customer Support functions that are now responsible for ensuring you continuously realize the benefits which resulted in your initial decision to purchase e- Builder. Confidential 14 Solution Overview — Schedule A eauilder ■ Implementation Duration Though there are universal benefits to utilizing e- Builder, the specific needs and requirements for utilizing e- Builder can vary widely among different clients. That being said, the e- Builder implementation team has a long history of implementing e- Builder efficiently and effectively. As a result, the typical implementation of e- Builder can be completed within 120 days. The following is a high -level project plan representing a typical implementation. — — - -- - rs !Task Name I Duration j Start Finish predecessors - Core Inmplementation • 95.13 days Fri 111110 Fri 5114110 r - Planni 0.13 /lays Fri 111/10 Fri 1/1110 ' Kickoff Call 1 hr Fri 1(1110 Fri 111 /1 0 rl 4 Schedule Implementation Dates 1 hr Fri 1 t1/10 Fri 1/1710 5 - - Discovery 19 days Fri 111110 Thu 1!28110 r Discovery Sessions with Client 19 days Fri 1/1/10 Thu 1/28110 4 7 - Design 5 days Thu 1/28110 Thu 2/4110 6 r Review Requirements 1 day Thu 1/28/10 Fri 1729/1 0 6 9 Define Migration Data Mapping 1 day Fri 1/29/10 Mon 2/1/10 8 1 Approve Requirements 1 day Mon 2/1/10 Tue 2/2110 9 r 11 Process Responsibilities Matrix 2 days Tue 2/2/10 Thu 2/4110 10 r12 Approve Design 0 days Thu 2/4/10 Thu 2/4/10 11 r 13 - Configuration 36 days Thu 214'10 Fri 3:26110 14 Process/System Configuration 10 days Thu 2/4110 Thu 2/18/10 12 15 Core Setup 3 days Thu 2/18/10 Tue 2/23, 14 1-16 Templates 2 days Tue 2723 /10 Thu 2(25/10 15 17 Reports/Dashboards 2 days Thu 2/25/10 Mon 3/1/10 16 18 Process Guides 3 days Mon 3/1/1 0 Thu 3(4110 17 r 19 - Data Mapping 13 days Tue 2/23110 Fri 3112110 1 Receive Client Data 0 days Tue 2123/10 Tue 2/23/10 15 1-21 Beta Install of Data 5 days Tue 2123/10 Tue 3/2/10 20 r 22 Joint Data Verification 5 days Tue 3/2/10 Tue 3/9/10 21 23 Production Promotion 3 days Tue 3/9110 Fri 3/12110 22 1 24 Client Review and Testing 10 days Fri 3/1 2/10 Fri 3(26(10 18,23 1 -25 - Training 35 days Fri 3:26:10 Fri 5/14110 r26 Admin Training 5 days Fri 3/26/10 Fri 4,2/10 24 1-27 User Training 30 days Fri 4/2/10 Fri 5114110 26 1-28 - Rollout 8 Adoption 30 (lays Fri 5114'10 Fri 6175110 1-26 Assist with user rollout as required 30 days Fri 5/14/10 Fri 6/25/10 27 As part of the project kickoff, preliminary dates will be set and the actual project plan will be solidified as part of the Gate 1 meeting. Confidential 15 Solution Overview - Schedule A ecBuilder Client Life -Cycle e- Builder is more than just a software vendor, we are a partner who will work diligently to ensure unwavering success in your construction program. From the very first contact with e- Builder, there is a specific individual within our organization who is responsible and accountable for your success and continuing to maximize the return on your investment — we refer to this as the 'e- Builder client life cycle' as there are specific e- Builder team members responsible for your success from your very first contact with e- Builder into the future. As part of our partnership and as we progress our relationship for years to come, there will always be someone is who directly responsible within e- Builder for your success. Sales — Up until the project kickoff meeting your e- Builder sales rep is your main point of contact at e- Builder. They are responsible for ensuring that all of your questions are answered and that your needs are met. After the contract is signed, the sales rep will facilitate a kickoff call with the professional services team. The purpose of this call is to formally introduce the professional services team as the responsible individuals for you realizing the near term benefits of the e- Builder application. Professional Services — The kickoff meeting marks the handover from sales to the e- Builder Professional Services team as the implementation of e- Builder is now underway. As previously discussed, the team responsible and accountable for the successful implementation of e- Builder is comprised of experienced professionals dedicated to successful rollouts. The implementation is complete after the users are trained and the rollout of the application is complete and adoption is achieved. At this point the implementation team will transition the implementation to the Account Management team for long term sustainability. Account Management — Once the implementation is jointly considered complete, the e- Builder Account Management function is responsible for ensuring the long term utilization of e- Builder. Providing oversight to such functions as Customer Support for issue resolution, Product Management for Enhancement Requests, and Professional Services for additional service related needs, the Account Manager will serve your needs to ensure efficient and effective communication and escalation of issues should they be required. e- Builder Implementation Long Term Accountability 14 Project Professional Project Account Management Kickoff Services Complete Confidential 16 Solution Overview — Schedule A eauilder ■ Maintenance & Support Post implementation support is provided by the e- Builder Support and Account Management teams. These teams work with you to address any immediate issues and also proactively assist you in identifying and overcoming future challenges. There is no cost for post implementation support as it is included in your license cost. Any additional modules or functionality that you wish to utilize in the future not originally part of your implementation can be quoted through your Account Manager. Maintenance and Support provide assistance throughout your use of e- Builder. Technical Support The Support team is available for any product issue or question. The team will receive any call, email or fax into our designated support lines and address your questions. Every single call or request is logged into e- Builder's Client Relationship Management system, and the client is provided with a unique ticket number to their incident or case. All incidents are logged and tracked by management to ensure timely resolution. e- Builder has a record of resolving 82% of client incidents within the first phone call. Any incident that cannot be answered or resolved on the first call will be researched by one of our Technical Support Analysts. They will provide updates as to the status of the ticket as it progresses through the incident life- cycle. If development involvement is required, the incident will be resolved by our Development team and delivered into the Production environment in our monthly maintenance releases. Once the incident is corrected and released into Production, the individual who reported the incident will be contacted by our Support team notifying them that the incident has been resolved after they have personally tested the resolution. Account Management The e- Builder Account Management team exists to assist our Client's with non- support related issues and is accountable for ensuring the Client's satisfaction with e- Builder. Each account is assigned an Account Manager who will Confidential 17 Solution Overview — Schedule A e=Builder ■ proactively contact users to ensure that they are achieving the use of e- Builder for which it was purchased, monitoring application and use, and identifying and mitigating any issues with the process or product that may not have been identified or communicated. In summary, e- Builder is setup to be proactive versus reactive to the needs of the Client. Additionally, the Account Manager is key Client contact for any vital communications and is there to assist with processes and business change. If a Client has new processes or other components of e- Builder they wish to utilize, e- Builder will assist in exploring these areas and aid with the direction of implementing any additional component(s). Release Schedule e- Builder provides monthly maintenance releases on the third Thursday of each month, and an Enhancement release on the third Thursday in the third month of each quarter. Installation of the maintenance releases occurs after hours so as not to affect our client's use of the system. The installation process of our maintenance and enhancement releases follows a structured program as documented in the e- Builder SAS70 Type II to ensure that the proper controls are in place for any new release. Enhancement Release Process At e- Builder, we follow a specific enhancement request (ER) process to ensure that your feedback is considered in the product and to ensure that we address your suggestions quickly. The goal of our ER process is to capture the needs of our clients and users in our product development efforts and to ensure that we are developing the right features in the right order. Like any organization, we have a diverse user base with different and sometimes conflicting priorities, needs and requests. Our challenge is to prioritize and address the diverse needs of our users within defined resource and time constraints. The goals of the Enhancement Release process for each user are: o You know what to expect when you submit a request. o You can communicate the process to other users within your organization. o You can increase the likelihood of getting a request implemented. Confidential 18 Solution Overview — Schedule A eauilder ■ When you submit a request, you will receive an email confirming receipt. You may also receive a call from our product manager who may want to clarify certain points of your request. You can check the status of any enhancement request by contacting support or account management. We review the requests in detail once a month and prioritize them to be implemented in the product. We cannot guarantee the exact timeframe of the release because external market conditions often cause priorities to shift over time, but we strive to implement features in a 3 to 24 month window. In some cases, the request cannot be implemented at all (e.g., it conflicts with other features) or the request is placed in the low priority category (e.g., it will not be addressed within two years). If this is the case, you will be notified via email within 30 days of submitting your request. We will also assist you in finding an alternative solution. If one of your requests is being implemented, you will receive an email when that feature has been released into beta and you will have an opportunity to try it and provide feedback before its released to general production. For various reasons, we may solve your problem with an enhancement that is different from the one you suggested. In these cases, we want your feedback so that we can be sure we addressed your need. The enhancement process is a 3 -step process consisting of data gathering, analysis, and product development. The data gathering and analysis process is ongoing and it leads to the development and release of four product upgrades per year. • Data Gathering — Collection of input from internal and extemal sources o Focus of this phase is to determine the goal of the suggested enhancement. The basics we are trying to determine are (1) what will it solve ?, and (2) what impact will solving this problem have on your organization? • Data Analysis — Categorization and prioritization of each enhancement request to identify the benefit and level of development effort. • Product Development — Selected features are communicated to the development team to be built into the product following our defined Software Development Life -Cycle process. Confidential 19 Solution Overview — ScheduleA eaBuilder ■ New features are released into production during one of four scheduled release dates, on the 3rd Thursday of March, June, September, or December. Four weeks before the enhancements are released to production, a description of the new features and their benefits are communicated first to the administrators and then to the entire user base. And once the new features are released, we offer several online training courses that you can attend to learn about the new features. New features are generally developed so that they are "non- invasive." That means a new feature will not affect how you currently use the system. Each client can choose to use the feature through its optional use or through a configuration setting in the account set up. In some cases, where a new feature represents a significant change to the way you are currently using e- Builder today, the new feature set will not be automatically deployed. In these cases, the new features are deployed on a per account basis at the direction of each client. Availability & Redundancy TECHNICAL SUPPORT ACCESS e- Builder provides support twenty -four hours a day, seven days a week (24/7) and does not subcontract its support and account management services. All support is operated and managed by e- Builder at our corporate office in Plantation, FL. If support is needed at any time, our Support team can be contacted and we will assist and manage the issue through resolution. To contact Technical Support, you can either: Call: 1 -888- 288 -5717 Email: support @e - builder.net Fax: 1-800-576-9322 User Support Case portal: www.e- builder.net /services /support.html NETWORK ARCHITECTURE The e- Builder network architecture is designed to ensure maximum security, performance and reliability. Users worldwide, including Fortune 100 companies managing multi- billion dollar construction and development programs depend on e- Builder to provide reliable access to project data. As a result, redundancy is built into every portion of our Confidential 20 Solution Overview — Schedule A ecBuilder ■ network. The figure below provides an overview of the network architecture. The e- Builder application and client data are hosted on two geographically distinct data centers. One is located within the AT &T collocation facility in Orlando, Florida. This AT &T facility is a world -class quality center optimized to provide an industry - leading application - hosting environment. The second data center, a disaster recovery facility, is located at Vericenter's Atlanta data center, and is meant to provide additional data security and backup functionality. 3 % Redundant Load 1 �� /��JJ Shurinp Firewalle ,(� Redundant Load Malcom N / Q / Redundant GB Switch Fabric p ` \' ,..'9 / Redundant o 0 '. \ SOLServer �, I at I tA _ . r Cli*tcr ...; 0 I 4 Utility Servers (Viewing, Comersbvs. Notifications) \17 �i Application Sorvor web Farm Fibre Optic SAN Both centers are designed to stay up and running in the face of possible outages. They are protected from power failure, physical intrusion and network outages by extensive back -up power and cooling systems, physical security, multi- layered security, and network redundancy and diversity. Confidential 21 Solution Overview — Schedule A eauilder OS The following is a list of some of the physical facility security controls in place at e- Builder's data centers: • Flexible, on- demand access to network capacity of 7.2 Gigabits on an AT &T Local Services ring that is redundant and diverse. • Sprint dual OC -48 Internet backbone • Multiple third -party carriers • Cisco Gigabit switch routers • Dual access routers connecting the data center to multiple AT &T IP backbone nodes via dual OC -48 connections • 24x7 physical security including guards, closed circuit monitors, alarmed doors with secure card access, biometric scanner, and "man- trap" restricted access to the data floor. • 24x7 monitoring of building and environmental alarms by an in- region staff and remotely by the AT &T Network Operations Center. • Dual Uninterrupted Power Supply (UPS) each with multiple modules synchronized to work in unison or independently. UPS systems receive power from both commercial power feeders and "in case of emergencies" by standby generators. • In case of commercial power failure, backup banks of diesel generators are on -site. These generators consume fuel that is also securely stored on -site, and also count on fuel suppliers on standby to provide additional service. • State of the art VESDA (air sampling) smoke detection system and alarm system. VESDA systems are 100 times more sensitive than conventional fire detection systems. Fire suppression is via a pre - action dry pipe system. In case of actual fire, water is discharged on the affected area only. • Multiple chillers and redundant Computer Room AC (CRAC) units to maintain a room temperature in the range of 75 F. • Raised floor housing with extensive intra - building cable and wiring to support power cables as well as low voltage Telco wiring. Combined, these two centers provide for real -time replication of client data to a geographically separate location to ensure business continuation and data disaster recovery. Confidential 22 Solution Overview — Schedule A e =Builder ■ DISASTER RECOVERY e- Builder performs regularly scheduled, comprehensive backups of all data. Full back -up to tape of all client data is performed according to the following procedures to ensure the security and availability of customer data in the event of a catastrophic failure of the e- Builder data storage system. The full disaster recovery process is contained in our SAS 70 Type II certification and can be provided upon request. SERVICE STATS e- Builder is delivered as a hosted application, meaning customers and users access the application via the internet. The data center architecture is described in more detail in the sections above. One of the many advantages of using a hosted application is that the customer does not have to purchase software or hardware, or incur the costs associated with operation, maintenance and support. This method of deliver is commonly referred to as the Software -as -a- Service model. In the past it has also been known as the Application Service Provider (ASP) model, with e- builder being the ASP. e- Builder adheres to standards based on industry best - practices to ensure provision of a reliable and scalable system. The reliability and scalability are a result of significant financial investments in the world -class data management facilities. Additionally, e- Builder's security standards are documented and built based on stringent security processes. Both the data management facilities and processes are certified through a third -party audit. Service statistics are monitored and managed by the e- Builder Operations team. Monitoring and Alerts e- Builder Operations team personnel monitor the e- Builder production systems. The overall database health and capacity planning are monitored to ensure the system will meet the needs of our clients. e- Builder utilizes a cross platform server monitoring tool to provide real time monitoring, alerting and reporting on our network equipment. This tool monitors all production servers, critical services, disc utilization, CPU utilization and memory utilization. The software is Confidential 23 Solution Overview — Schedule A enBuilder configured to alert operators when predefined thresholds or critical service failures occur automatically. All alerts are communicated immediately by the sending an email notification and pages to the Operations team mobile devices in addition to a screen notification. All network and security monitoring is performed 24x7x365. The Operations team responds to any alert and addresses it immediately. Hardware / Software Requirements e- Builder is a web based application that runs in a browser on the client workstation. It utilizes ports 80 and 443 (http and https) for communications across the Internet. Active X controls are used to provide optional functionality in many of the e- Builder modules. e- Builder was created using the Microsoft .NET framework and is hosted on Microsoft 2003 application servers and MS SQL Server database servers. FRAMEWORK The e- Builder Framework is the heart of our product suite, our proprietary project management and collaboration platform. The Framework includes all of the application capabilities - including document management, business process management, calendars, budgets, and cost and schedule control. In addition, the Framework provides the reporting capabilities including the desktop reports, print reports and email notifications. The e- Builder Framework is developed using Microsoft .NET technology and is .NET certified by Microsoft. The Framework is built using a Services Oriented Architecture (SOA) and uses Web Services and XML to facilitate the transaction and integration of data across multiple systems (e.g., ERP, accounting, etc.). MINIMUM RECOMMENDED DESKTOP STANDARDS Use of e- Builder can be easily achieved with a computer and internet connection. Performance is typically driven from the speed of your Internet connection as we are a web - based product versus your computer hardware specifications. However, there is a recommended base minimum desktop standard to maintain optimal performance: Confidential 24 Solution Overview — Schedule A c=Builder • Operating System: Windows XP or newer • Internet Browser: Internet Explorer 6.01sp2+ (Recommended IE 7.0 +) o Note: Additional browsers such as Firefox and Safari do not support the Active X controls required. • Minimum Recommended Connection Speed: 256k or above • Processor Speed: 1 Gigahertz and above • RAM: 512 Mb Client Responsibilities The following is a list of responsibilities necessary for the successful completion of this effort. We have used this information to establish the schedule and pricing for the services articulated within this document. In the event that an item below does not occur in the manner or time frame shown, such circumstance may constitute a change and may require e- Builder and the client to meet and mutually agree upon an adjustment to the schedule, work activities and price. 1. The client will make necessary and knowledgeable team members available as needed during the duration of the project. 2. The client will make best efforts to ensure the timely resolution to all issues that may impact the scope of schedule within two (2) business days. 3. The client will make best efforts to ensure the committed participation of all appropriate technical and user personnel throughout the project, including but not limited to periodic status reviews. 4. All necessary content (data, text and graphics) will be provided to e- Builder prior to the creative processes (if applicable). Confidential 25 Solution Overview — Schedule A e=Builder Assumptions The following is a list of assumptions for the e- Builder implementation project. e- Builder bases the schedule and pricing of services based in part on these assumptions. In the event, an item identified below does not occur in the manner or time frame shown, such circumstance may constitute a change that will require e- Builder and the client to meet and agree upon equitable adjustment of the schedule and price. 1. Resources provided by the client during the technical and functional sessions must be empowered to make decisions on project direction. 2. The e- Builder implementation team will work jointly with the client team to resolve all issues including those impacting the scope and timeline in a timely manner. 3. Issues that may impact the progress and the schedule will be documented. If the issue is critical, e- Builder will present the issue to the client in writing as quickly as possible. Once the issue is presented in writing the client is expect to respond within two (2) business days. If the issue cannot be resolved within two days, they will notify e- Builder and arrange a meeting with all relevant personnel to resolve this issue. Failure to do so could impact the cost and schedule of the e- Builder implementation project. 4. Unless specifically identified as deliverables within this document, data migration, integration development and custom reports are not included within the scope of the e- Builder implementation project. These items can be included through the change management process if identified as required items. 5. The client will reimburse reasonable travel expenses for any travel associated with the engagement. 6. The client will key in any historical data from past projects to enable historical analysis. 7. All change requests received from this document if approved will be listed on a contract Addendum or Work Order. This must be signed and accepted prior to initiating additional work by the e- Builder Professional Services Team. Confidential 26 Solution Overview — Schedule A e=Builder Implementation Scope Implementation Details — The implementation of e- Builder Enterprise TM will consist of these detailed components which will be performed with multiple onsite visits with Kodiak Island Borough and remotely from e- Builder corporate offices. The implementation will include use of the following modules by Kodiak Island Borough : • Document Management • Form Management • Process Management • Cost Management • Schedule Management • Capital Planning • Contact Management • Calendar Management • Bid Management • Reporting and Dashboard Engines • Import Toolkit Implementation Phases • Initiation (Kick -off) - This begins the implementation process. This consists of a conference call between Kodiak Island Borough and e- Builder Implementation and Sales teams. Prior to the call the Professional Services team will forward via email the e- Builder Implementation Guide that details the implementation process and steps that will be managed during the implementation. The purpose of the Kick -off call is to: i. Formally transition Kodiak Island Borough from the Sales team to the Implementation team. This includes a recap of the purpose for the selection of e- Builder for Kodiak Island Borough. ii. Introduce the Professional Services Implementation team that will be performing your implementation. Confidential 27 Solution Overview — Schedule A ecBuilder iii. Define the success criteria of Kodiak Island Borough to achieve a successful implementation and the metrics in which these will be measured. iv. Discuss potential risks /issues based upon Kodiak Island Borough and e- Builder experience. v. Identify Kodiak Island Borough project team and their responsibilities. vi. Review the Implementation Guide that outlines the guidelines and assists in the proper data gathering and delivery prior to the Professional Services team arriving at the Kodiak Island Borough site. vii. Set dates for the implementation schedule. This Schedule will be maintained by the e- Builder Project Manager in coordination with the Kodiak Island Borough Project Manager. Deliverables: (1) Data Gathering Guide (2) Implementation Goals and Specific Metrics (3) Initial Implementation Schedule • Initiation (Discovery) - The e- Builder team will perform this phase on the implementation remotely. This phase is comprised of several scheduled two (2) hour online sessions with Kodiak Island Borough users who have been identified during the Kick -off. These sessions are to introduce e- Builder, discover specific user level process steps, and validate the data gathering information prior to arriving onsite. These sessions assist the implementation team in defining the business and functional requirements. This will help determine how your current processes will fit within e- Builder. Deliverables: (1) Seven (7) scheduled Online Sessions (2) Finalized Project Schedule • Planning (Design) — The e- Builder team typically performs this phase of the implementation onsite with Kodiak Island Borough . The implementation team will facilitate a series of sessions over a one to two week period of time. The goal of this phase is the final validation the information gathered in the Discovery phase and confirming the final configuration of e- Builder for Kodiak Island Borough . Part of this process is to review and confirm each process to be delivered as part of the implementation. These sessions require the involvement of the necessary Kodiak Island Borough team members for Confidential 28 Solution Overview — Schedule A eaBuilder each session. A detailed agenda of each session will be provided prior to the onsite visit. At the completion of this phase the implementation team will provide a Solutions Requirement document that details the e- Builder configuration for Kodiak Island Borough. Deliverables: (1) Design Session Agendas (2) Solutions Requirements Document • Execution (Configuration) — The e- Builder team will perform this phase of the implementation remotely and requires minimal involvement by Kodiak Island Borough. This phase includes the configuration of the Kodiak Island Borough account per the approved Solutions Requirements document. The Kodiak Island Borough defined Administrators will have the ability to modify the configuration and create new items (e.g., Forms, templates, reports, etc.) in the future without e- Builder assistance upon the completion of Administration Training defined in Training phase of the implementation. The identified e- Builder configuration for Kodiak Island Borough is currently defined as detailed below: i. General Settings / Filters - These settings are non - process specific settings that provide Kodiak Island Borough with the necessary system procedure and control mechanisms as defined in the Solutions Requirements document. Some key examples as to what is included in this area of configuration are: 1. Logo and color scheme configuration to match. 2. Password Policies — The policy by which you want all users to follow for maintaining their password and password strength. 3. Role -based Views — Throughout e- Builder are views which provide users with the ability to see information by defined criteria instead of viewing all information and having to manually sort or filter. Examples of these views are: Projects in Closeout, My Meetings in next 2 weeks, Items in My Court. 4. Project Attributes — These are defined fields which are configured within e- Builder to assist with the Client reporting and project /program management. Examples of these Confidential 29 Solution Overview — Schedule A • e- Builder ■ attributes are: Square Footage, Project Number, Building, and Project Type. ii. Roles and Permission Settings — e- Builder security and processes are role - based. As a result, a user is placed into a role(s) and then inherits the permission access granted to that role(s). The e- Builder team will configure all the identified Kodiak Island Borough roles and their defined permission rights. iii. e- Builder Licensed Users — Each user who is provided access to e- Builder by Kodiak Island Borough will be required to be configured. The e- Builder team will configure the identified users and assign them to their roles (which provide their permission access rights). iv. e- Builder Non - Licensed Users (Contact Management) — Non - licensed users can be stored and accessed in e- Builder and utilized as a Contact Directory of all the companies and contacts within each vendor that Kodiak Island Borough does business. This contact directory will be created from one (or multiple) files imported into e- Builder from the Kodiak Island Borough system(s). e- Builder will provide a formatted MS Excel spreadsheet that the client can place all of their contacts into for import into e- Builder. Typically the contact directory is utilized by the Cost and Bid Management modules in addition to providing the ability of creating a project directory of all involved users (licensed and non - licensed). In addition, this contact directory allows licensed users to communicate with non - licensed users. Examples of this communication would be: Send files stored within the Document Management module via email, invite a Bidder to view project bid information and respond electronically, and send a report via email. v. Document Management — This is the creation of a document folder structure(s) with associated role based permissions defining the access rights as to who can view, upload, download and add sub- folders. This structure is maintained as a template, which allows it to be easily applied upon the creation of a project to allow project information to be stored in a structured in an ordered manner as defined by Kodiak Island Borough. Confidential 30 Solution Overview — Schedule A e=Builder 1. Folder Structure templates to be configured = One (1) vi. Form Management — The Forms workflow engine allows Kodiak Island Borough to standardize the field formats required on forms typically maintained in a MS Word or MS Excel file that are routed via email for communication (e.g., Project Issue, Invoice Approval, Change Order). This form can then be routed within e- Builder utilizing a "ball - in- court" methodology where the initiator of the form determines who needs to take action, where it is then placed in that persons "court ". This form is then tracked with an audit trail as it progresses from person to person through completion. This information can then be reported on at the field level providing transparency and real -time reporting. 1. Form Types to be configured = 12 eB Template Forms Potential Form Types identified during the sales process that could utilize this workflow engine are: 1. Architect's Supplemental Instructions (ASI) 2. Request For Information (RFI) 3. Potential Change Order (PCO) 4. Submittals (This will utilize the Submittal Management module) 5. Meeting Minutes (This will utilize the Calendar Management module) These Form Types may be interchanged for other Form Types during the implementation. This will be managed with the Kodiak Island Borough and e- Builder Project Managers during the Initiation and Planning phases. vii. Process Management - The Process workflow engine allows Kodiak Island Borough to not only standardize the field formats required on forms typically maintained in a MS Word or MS Excel file that are routed via email for communication (e.g., Project Issue, Invoice Approval, Change Order), but, also automate them to follow a Kodiak Confidential 31 Solution Overview — Schedule A e =Builder N O ■ Island Borough defined workflow. The form is structured to follow this process based upon Kodiak Island Borough defined variables (e.g., approval limit levels, cost or schedule impacts). Additionally, these form types can interact the Cost Management module minimizes duplication of data entry and updating the project cost summary in real -time. This ensures that the process follows this workflow every time which provides an additional level of control and management. As with Form Management, this form is then tracked with an audit trail as it progresses from person to person through completion. This information can then be reported on at the field level providing transparency and real -time reporting. 1. Process Types to be configured = Five (5) Potential Process Types identified during the sales process that could utilize this workflow engine are: 1. Budget Approval 2. Budget Change 3. Contract Approval 4. Change Order 5. Invoice Approval These Process Types may be interchanged for other Process Types during the implementation. This will be managed with the Kodiak Island Borough and e- Builder Project Managers during the Initiation and Planning phases. viii. Cost Management - This is the configuration of the Cost Management module which includes setup of items such as the cost control settings, account codes (budget line items), forecasting and cashflow. The budget structure is maintained as a template(s), which allows it to be easily applied upon the creation of a project to allow the Project Manager to immediately start entering project cost information. The template is structured in an ordered manner as defined by Kodiak Island Borough. 1. Cost Structure templates to be configured = One (1) Confidential 32 Solution Overview — Schedule A e Builder • ix. Schedule Management - This is the configuration of the Schedule Management module which includes setup of items such as the work days/hours and milestones. The schedule structure is maintained as a template(s), which allows it to be easily applied upon the creation of a project to allow the Project Manager to immediately start entering project schedule information. The template is structured in an ordered manner as defined by Kodiak Island Borough. 1. Schedule Structure templates to be configured = One (1) x. Report and Dashboard Engines — The reporting and dashboard engines are utilized to present information graphically and segmented /grouped based upon requirements defined with Kodiak Island Borough in the Discovery and Design phases of the implementation. Unless indicated below, reports and dashboards will utilized the e- Builder Reporting and Dashboard engines. e- Builder provides as a supplement to Kodiak Island Borough defined reports /dashboards our best - practice reports and dashboard. The reports are a set of approximately seventy (70) reports that have been developed based upon the industry and our experience with our existing clients. These reports can be utilized immediately and require no initial configuration by Kodiak Island Borough. Examples of these reports are: 1. Cost Items Requiring My Approval 2. Anticipated Cost Report 3. Contingency Burn Rate 4. Cash Flow (Program Summary, Grouped by Month) 5. % of Total Budget Committed 6. Change Order (Project Sum Grouped by Reason Code) 7. Document Log 8. Critical Tasks (Program Summary, Grouped by PM) The dashboard e- Builder provides is an Adoption dashboard. This dashboard provides visibility to Kodiak Island Borough to ensure the system is being utilized by their team. Confidential 33 Solution Overview — Schedule A aauilder ■ 1. Number of reports to be configured = Three (3) 2. Number of dashboards to be configured (Up to 6 graphs per dashboard) = One (1) xi. Data Import Toolkit — e- Builder will provide the Import Toolset, Toolset guides and training on the tool for Kodiak Island Borough. These tools and training will provide Kodiak Island Borough the ability to import key project information from existing systems (e.g., Lawson, MS Access, etc.). The import tools being included as part of this deliverable are: 1. Project Import — Ability to import core project information (e.g., Project Name, Project Number, project attributes). 2. Form Import — Ability to import form fields and information (e.g., Request For Information, Project Issues, etc.) 3. Cost Import — Ability to import cost detail for project(s) (e.g., budget, budget changes, commitments (contracts), change orders, invoices and journal entries). The provided tools will require Kodiak Island Borough to extract the data from their existing system and format the data to the Import Toolset criteria. The Schedule A encompasses the Import Toolset, the associated training and guidance on the mapping of the information from other applications to e- Builder. Kodiak Island Borough will perform the data import activities from any other application(s). Kodiak Island Borough may decide during the implementation to request e- Builder to perform any identified data transfer or data migration. If requested, the scope of work and associated investment will be determined and presented to Kodiak Island Borough. 1. Import Toolset 2. Import Toolset Guides 3. Import Toolset Training (Up to 3 users) Deliverables: (1) Configured e- Builder Environment per approved Solutions Requirements Confidential 34 Solution Overview — Schedule A etuilder ■ • Control (Training) — The e- Builder team typically performs this phase of the implementation onsite with Kodiak Island Borough. The success of any software or technology implementation hinges on a quality education program that is tailored to a specific process or processes. The project team will be changing the way they work — so it is critical that we are sensitive to the change and work to make the transition as smooth as possible. The implementation team will educate the team in the features and functions of the software but more importantly how the system is used for your processes. During this phase Administrator and User training will be performed. The Administrator training will be for Kodiak Island Borough identified users who will be accountable for maintaining e- Builder post - implementation. These users will be trained on the detailed aspects of the setup and configuration of e- Builder. They will be able to perform such key tasks as: create new projects, users, reports, and workflows. They will have the ability to modify e- Builder as Kodiak Island Borough processes change moving forward. User training will be provided to Kodiak Island Borough users in a series of sessions over two -days. This training is process /role based and users may not have to attend every session. The implementation team will provide a training agenda to Kodiak Island Borough which will detail the sessions and users who need to attend each session. Deliverables: (1) Detailed User Training Content & Delivery (Up to 10 users) (2) Administrator Training Content & Delivery (Up to 3 users) • Closure (Adoption) — The e- Builder team typically performs this phase of the implementation remotely. Following the rollout of e- Builder, our team will review the system use and initiate calls to users to collect any feedback or lessons learned and to provide any additional training as needed. The feedback and lessons learned will be used to modify the process or configuration as needed so that it is optimized. The implementation team will be coordinating with the Kodiak Island Borough Project Manager of any findings and what solutions e- Builder recommends. This phase typically takes thirty (30) to ninety (90) days. This Confidential 35 Solution Overview — Schedule A efBuilder ■ phase is not complete until the Kodiak Island Borough success criteria defined in the Initiation phase is agreed upon as achieved. Deliverables: (1) Client Sign -off Confidential 36 Solution Overview — Schedule A e- Builder e- Builder Software Licensing Scope e- Builder EnterpriseTM Software License: The proposal is for a 10 user licenses of e- Builder Enterprise TM and can be used with unlimited projects and unlimited data storage. Users can be Kodiak Island Borough employees or partners and vendors that work with Client in the development, and construction of its projects. The license includes full use of e- Builder Enterprise TM including all of the modules provided above. Furthermore, the License provides the e- Builder software as a service including: • All hosting, operation, maintenance and data backup of e- Builder Enterprise TM software as well as your data in our state -of- the -art data centers located throughout the United States. • Unlimited phone, email and web based support 24x7. • Proactive account monitoring and management to drive maximum adoption and ensure that you maximize your return on investment. Confidential 37 Solution Overview — Schedule A e=Builder si O Investment Summary The following details the investment summary associated with the purchase of e- Builder. Item Scope Variables Price Software License Number of Users 10 $11,950 Additional Cost Per User License $1,195.00 Total Annual License 511,950 Implementation Initial e- Boilder Implementation $66,000 Total Initial Implementation 576,950 Payment Terms: Payment of the P' year license cost is due upon signing of this agreement. 50% of the Implementation and Additional Services investment is due upon signing and the remaining 50% is due upon completion of the training. Travel and Expenses: Travel expenses and course material reproduction (if requested) are not included in the above investment. These expenses are billed as incurred as actuals. Estimated travel costs = $7,000. Approval to exceed the travel estimate must be provided by the Borough prior incurring the additional expanses. Note: The investment summary is considered valid for 90 days from the publication of the Schedule A. Non - approval of the Schedule A by the client within this timeframe will result in the redefinition of the investment summary. Press Release and Case Study Agreement: Kodiak Island Borough agrees to review and approve a press release upon execution of this contract and a case Study at the completion of the implementation. Both the press release and case study will be written by e- Builder and approved by the Borough prior to release. Confidential 38 Solution Overview — Schedule A &Builder Acceptance This Solution Overview — Schedule A and the Service Agreement constitute the complete understanding between the parties with respect to terms and conditions. The terms and conditions in this Solution Overview — Schedule A and the Service Agreement will control over any terms and conditions in any solicitation, request for proposal, proposal, purchase order, acknowledgement or other written form, except for a Contract Addendum signed by both parties. E- BUILDER, INCORPORATED Kodiak Island Borough By (Print): By (Print): By (Signature): By (Signature): Title: Title: Date: Date: Confidential 39 Solution Overview — ScheduleA E- BUILDER SERVICE AGREEMENT e- Builder, Inc. whose address is 1800 NW 69 Avenue, Suite 201, Plantation, FL 33313 ("e- Builder ") and Kodiak Island Borough whose address is 710 Mill Bay Road, Kodiak, AK 99615 ( "Customer ") agree Tuesday, July 05, 2011, as follows: 1. TERM. This Agreement shall continue for a period of _ 36 months commencing . This Service Agreement shall automatically renew for additional 12 month terms (the "Renewal Term(s) ") at the end of the Initial Term or each Renewal Term unless either of the parties shall provide written notice to the other terminating this Service Agreement or the parties shall agree to a different Renewal Term not less than 30 days prior to the end of the Initial Term or each succeeding Renewal Term, as the case may be. Fees for Services for each Renewal Term shall be at e- Builder's standard rates in effect on the first day of each Renewal Term. 2 SERVICES 2.1 Services. e- Builder agrees to provide the services and the equipment described in Schedule A attached hereto (the "Services ") to Customer subject to the terms and conditions of this Agreement in consideration for the payments as set out in Section 3 hereof during the initial term and any Renewal Term. Customer acknowledges that e- Builder Enterprise " software may be modified or upgraded from time to time and that Services and Customer Support shall only include the use of the most recent version of e- Builder Enterprise'". 2.2 License of Software. Customer's right to use the Services (including, without limitation, the limited license to use e- Builder Enterprise" software) is limited to the restrictions contained herein, including those related to the number of users, projects and period of use. The Customer acknowledges that title to and copyright in the software applications supplied by e- Builder (including e- Builder Enterprise"') are reserved by e- Builder. Customer acquires no right in any software, copyrights, patents or any other intellectual property belonging to or licensed by e- Builder other than the specific limited rights to the Services. e- Builder is and shall remain the sole owner of all copyrights, trademarks, patents and other proprietary rights in and to all aspects of the Services (including, without limitation, all software, code and designs used in providing the Services). 3. PAYMENTS. The Customer shall pay to e- Builder the annual fees at the rates outlined in Schedule A attached hereto for the Services and Equipment. Payments more than 10 days overdue shall bear interest at the rate of 1.5% per month. e- Builder shall be entitled to recover its reasonable attorneys fees incurred in the collection of any sum due under this agreement. Unless otherwise indicated on the Schedules, all dollar amounts referred to in this Agreement are in U.S. Dollars. The Customer covenants and agrees to pay all federal, state, and municipal assessments, fees and taxes (collectively called the "Taxes ") except those based upon e- Builder's income or net worth, which may now or hereafter be imposed or levied upon the sale, purchase, ownership, maintenance, supplies, transportation, installation, other charges, rental, lease, possession or use of the Services and Equipment. The Customer agrees to reimburse and to indemnify and hold e- Builder harmless from and against all Taxes. 4. WARRANTIES 4.1 Representations. Customer represents, warrants and covenants the following to e- Builder: (i) Customer currently possesses all necessary licenses, permits, insurance and approvals required validly to execute, deliver and perform its duties under this Agreement and is qualified to do business in all jurisdictions where such qualification is required for Customer's performance of its duties under this Agreement, (ii) To the best of its knowledge and ability, Customer will comply with, and will use its best efforts to cause each subcontractor it may engage to comply with all applicable federal and state laws and regulations in performing its and their respective responsibilities under this Agreement and any subcontracts, and (iii) No information provided to e- Builder or disseminated through its software or systems shall infringe on or violate any trademark, copyright, trade secret, right of publicity or privacy (including but not limited to defamation), patent or other proprietary right of any third party. 4.2 Disclaimer of Warranty and Limitations of Liability. E- BUILDER DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM E- BUILDER'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH E- BUILDER WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, E- BUILDER CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, E- BUILDER DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. EXCEPT FOR THE WARRANTIES SPECIFICALLY AND EXPRESSLY MADE HEREIN, E- BUILDER MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS, AND ALL SUCH WARRANTIES ARE DISCLAIMED. FOR ANY ONE OR MORE BREACH OF THIS AGREEMENT OR DEFAULT HEREUNDER, THE ENTIRE LIABILITY OF THE PARTY IN BREACH OR DEFAULT, AND THE EXCLUSIVE REMEDY OF THE OTHER PARTY, SHALL BE PAYMENT OF THE ACTUAL DAMAGES PROXIMATELY CAUSED BY SUCH BREACH OR Version 1.1 (2/5/01) E- BUILDER SERVICE AGREEMENT DEFAULT, WHICH SHALL NOT EXCEED THE AMOUNT OF ONE (1) MONTH'S FEES PAID BY CUSTOMER HEREUNDER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES, OR EXPENSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT. THESE LIMITATIONS ON THE LIABILITY OF EITHER PARTY SHALL APPLY TO ANY AND ALL CAUSES OF ACTION THAT EITHER PARTY MAY HAVE AGAINST THE OTHER, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING A CLAIM, DEMAND OR ACTION, INCLUDING, WITHOUT LIMITATION, WHETHER IT SOUNDS IN CONTRACT OR TORT, BUT SHALL NOT APPLY TO OR LIMIT SUMS DUE HEREUNDER TO E- BUILDER FOR SERVICES. 4.3 Indemnity. Customer agrees to indemnify, defend and save harmless e- Builder, its officers, directors, employees or agents from and against any claims made upon e- Builder by any third party, arising out of information or software provided by Customer or actions of Customer, its employees, agents or invitees. 5. CONFIDENTIALITY. Confidential Information refers to all nonpublic information provided by one party to the other. The Parties agree that, except to the extent necessary to implement the terms and conditions of this Agreement, when authorized in writing by the other Party or when otherwise required by law: (i) each Party will preserve and protect the confidentiality of the other Party's Confidential Information; (ii) neither Party will disclose to any third party the existence, source, content or substance of the other Party's Confidential Information, or make copies of such Confidential Information except as required by this Agreement; (iii) neither Party will deliver the other Party's Confidential Information to any third party, or permit such information to be removed from the premises of the Party receiving such information; and (iv) each Party shall advise any of its employees or agents working on or having access to the other Party's Confidential Information of the confidentiality of such information. 6. MISCELLANEOUS 6.1 Governing Law and Venue. The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Florida, but excluding its conflict of law principles. Exclusive venue for any action arising hereunder shall lie in Alachua County, Florida. 6.2 Notices. All notices required or permitted to be sent pursuant to.this Agreement shall, unless otherwise specifically provided, be in writing and shall be deemed given when delivered personally or by facsimile, overnight air courier or certified mail (postage prepaid, return receipt requested), to the addresses shown above or such other substitute address designated in writing. 6.3 Force Majeure. Notwithstanding any other provision of this Agreement, if by reason of Force Majeure, any Party is unable to perform certain of its obligations under this Agreement, it shall be automatically relieved of those obligations to the extent, and for the period of time, that such Party is prevented from meeting them by Force Majeure. E- BUILDER, INC. Kodiak Island Borough By: By: Title: Title: Date: Date: Version 1.2 (12/21/09) Page 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 13.A.3 TITLE: Contract No. FY2012 -13 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. SUMMARY: The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Service Area No.1. Sealed bids were received and opened on June 3, 2011. The bids received were from Brechan Enterprise, B &R Fish and MK Construction. The bids were submitted with price quotes for individual pieces of equipment to be used on the projects provided above. Bid schedule is attached. The bids were provided to Service Area No. 1 Board for review and recommendation. The contract will name MK Construction as the Contractor of this work, and all invoicing, etc. will be provided through this Contractor. FISCAL NOTES: Account No.: 242 - 224 - 446 - 110/120/125 Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: ^� RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2012 -13 with MK Construction of Kodiak, AK for time and materials based on the bid schedule for the period of July 1, 2011 to June 30, 2013. SERVICE AREA #1 CONTRACTORS Brechan Ent. Brechan Ent. B & R Fish MK Construction 2009 -2010 2011 -2012 2011 -2012 2011 -2012 MAINTENANCE RATES 155< HP GRADER 1999 Champion 730 270.00 230.00 1990 John Deere 772 175.00 1990 Champion 730 195.00 1989 Cat 14G 195.00 156> HP GRADER 1986 Cat 16G 375.00 375.00 1982 Cat 14G 295.00 315.00 2000 Cat 14G 225.00 1991 Champion 780 w /Boss Plow 285.00 8 -10 CY SANDER 10 CY on KW Tractor 240.00 240.00 2006 Int'I 7600 w /Hwy Sander 165.00 1996 Kenworth T800 w /Hwy Sander 165.00 1996 Auto Car 8yd 160.00 LESS THAN 8 CY SANDER 1998 F -700 5yd 150.00 10 -12 CY END DUMP DUMP W/ TILT DECK 2001 to 2009 Kenworth & Mack 200.00 150.00 2006 Int'I 7600 140.00 1999 Kenworth T800 w /54K# Tiltdeck 185.00 2003 T800 Kenworth 120.00 2001 T800 Kenworth w/2007 54K Tltdeck 180.00 FRONT END LOADER • 11/2- 41 /2CY Case 821 E 265.00 195.00 Komatsu WA250 230.00 160.00 Cat 966 245.00 170.00 1996 Cat 950F Series II 160.00 1996 JD 544 2.5 yd & 5.Oyd Snow Bucket 130.00 1990 Cat 950 4.0yd Bucket 160.00 PICKUP WITH LABORER Various 115.00 115.00 85.00 80.00 LOWBOY TRAILER - P 70 Ton Load King 320.00 320.00 300.00 Tractor T800 w/4 Axle Lowboy 300.00 63+ HP BACKHOE 1995 Case 580L 160.00 160.00 1993 to 1999 Cat 426B 160.00 160.00 2006 Case 580 140.00 1999 590 Case 4x4 Extendable w /Clam Bucket 140.00 DD 90/110 ROLLER Ingersoll -Rand DD90 230.00 230.00 Ingersoll -Rand DD110 230.00 230.00 140.00 2008 Stone SD54 120.00 ICE THAWING EQUIP(Steam Generating) • American Cleaner, Steam Cleaner 120.00 120.00 2009 Hotsy 55.00 2006 Hotsy Plant 50.00 WATER TRUCK 1000+ GAL 2001 KW Tractor w /4000g1 Tank 240.00 240.00 2006 Int'I 7600 w /400091 Tank 185.00 2001 Freightliner w /2100 gl Tank 185.00 2002 Chevy 2500 4x4 w /250 gl Tank 135.00 VIBRATORY DRUM COMPACTOR 60 " -84" SD 190 - 84" Drum 230.00 230.00 2008 SD54 Stone Compactor 54" 120.00 New Vibromax VM 1600 84" Drum 170.00 1998 Champion 540 54" 135.00 2000 IR 840 84" 180.00 75> HP DOZER I. 1996 Komatsu D65 265.00 120.00 1998 Cat D6 M 265.00 120.00 1996 John Deere 550GLT 150.00 1996 Case 550 135.00 RIP CAT 340> HP (90,000 LB) 1982 Cat D9 L 490.00 490.00 1990 Komatsu 285.00 340< HP RIP CAT 1982 Cat D9 L 490.00 490.00 1974 Cat D -8H 275.00 1990 Cat D9 440.00 LABOR RATE - 75.00 75.00 80.00 70.00 SERVICE AREA 4 CONTRACTORS Brechan Brechan Ent B & R Fish MK Construction MISCELLANEOUS EQUIP • SANDING MATERIAL 1/4" ROCK CHIPS 50.50 /4 50.50 /cy 60.00 /cy 35.00 /cy 36.00 /ton 36.00 /ton 22.00 /ton 19.00 /ton D - 1 22.80/4 22.80/cy 25.00 /cy 25.00 /cy 12.00 /ton 12.00 /ton 12.00 /ton 10.00 /ton INCREMENTAL RATE 31.00 25.00 : 25.00 27.00 PROFIT PERCENTAGE 20% 10% F 10% 10% REPAIR RATES 155< HP GRADER Same as Maint Sch 270.00 250.00 Same as Maint Sch 175.00 Same as Maint Sch 265.00 Same as Maint Sch 315.00 156> HP GRADER Same as Maint Sch 375.00 375.00 Same as Maint Sch 295.00 325.00 Same as Maint Sch 225.00 Same as Maint Sch 325.00 8 -10 CY SANDER Same as Maint Sch 240.00 240.00 Same as Maint Sch 165.00 Same as Maint Sch 165.00 Same as Maint Sch 175.00 LESS THAN 8 CY SANDER Same as Maint Sch 165.00 10 -12 CY END DUMP DUMP W/ TILT DECK ,.. Same as Maint Sch 200.00 170.00 Same as Maint Sch 185.00 Same as Maint Sch 140.00 Same as Maint Sch 155.00 Same as Maint Sch 210.00 FRONT END LOADER 1 1/2 - 4 1/2 CY Same as Maint Sch 265.00 215.00 Same as Maint Sch 230.00 180.00 Same as Maint Sch 245.00 190.00 Same as Maint Sch 160.00 Same as Maint Sch 155.00 Same as Maint Sch 185.00 PICKUP WITH LABORER 115.00 115.00 85.00 100.00 LOWBOY TRAILER Same as Maint Sch 320.00 320.00 300.00 325.00 63+ HP BACKHOE Same as Maint Sch 160.00 160.00 Same as Maint Sch 160.00 160.00 Same as Maint Sch 150.00 DD 90/110 ROLLER Same as Maint Sch 230.00 230.00 Same as Maint Sch 230.00 230.00 Same as Maint Sch 120.00 Same as Maint Sch 165.00 ICE THAWING EQUIP (Steam Generating) • Same as Maint Sch 120.00 120.00 Same as Maint Sch 55.00 Same as Maint Sch 50.00 SERVICE AREA #1 CONTRACTORS Brechan Brechan Ent B & R Fish MK Construction WATER TRUCK 1000+ GAL Same as Maint Sch 240.00 240.00 Same as Maint Sch 185.00 Same as Maint Sch 220.00 Same as Maint Sch 155.00 VIBRATORY DRUM COMPAtaOR 60 " -80" Same as Maint Sch 230.00 230.00 Same as Maint Sch 120.00 Same as Maint Sch 160.00 Same as Maint Sch 210.00 75 HP DOZER Same as Maint Sch 265.00 140.00 Same as Maint Sch 265.00 140.00 Same as Maint Sch 150.00 Same as Maint Sch 145.00 RIP CAT <340 HP (90,000 LB) • . Same as Maint Sch 490.00 490.00 Same as Maint Sch 300.00 >340 HP RIP CAT _. Same as Maint Sch 490.00 490.00 Same as Maint Sch 275.00 Same as Maint Sch 440.00 LABOR RATE 75.00 95.00 80.00 80.00 MISCELLANEOUS EQUIP Power Broom 160.00 Cat RT80 Forklift 160.00 MATERIAL RECYCLED ASPHALT PAVEMENT(RAP) 22.00 $PER TON when avail INCREMENTAL RATE 31.00 31.00 '; 25.00 27.00 ,PROFIT PERCENTAGE 20% 20% 10% 10% OWNER - GENERAL CONTRACTOR AGREEMENT Contract No.FY2012 -13 THIS AGREEMENT, made this day of , A.D., 2011, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and MK Construction of Kodiak, Alaska, incorporated under the laws of the State of Alaska, its successors and assigns, party of the second part, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to commence and provide maintenance and repairs, described as follows: for the period of July 1, 2011 to June 30, 2013, with the option to extend, upon satisfactory performance, determined solely by the Borough Manager, for two (2) additional one (1) year periods upon the offering of the Borough Manager or designee. if the Borough makes such an offer, the Contractor will have thirty (30) days to accept or refuse the offer . Road Maintenance and Repairs, Snow Removal and Sanding For Service Area #1 in the Kodiak Island Borough, Kodiak, Alaska, for the amount specified in the attached Bid Schedule. The Contractor further covenants and agrees that the entire project shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Contractor further covenants and agrees that all of said work and labor shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Contract Documents: that he will abide by and perform all stipulations, covenants, and agreements specified in said Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all materials and labor which maybe required in the prosecution and completion of the whole work to be done under this Contract. VVdoveAusers \njavicrASharcPoint DraftsVI3.A.3 Contract No. FY2012 -13 Service Area No. 1.doc Page 1 of 4 IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said MK Construction has hereunto set its hand and seal, the day and year first above written. KODIAK ISLAND BOROUGH CONTRACTOR By By Rick L. Gifford Borough Manager Title: By Waite W. Koning Engineering/Facilities Director Attest: By Nova M. Javier, MMC Borough Clerk VAdoveA users \njavicrASharePoint Drafts VI 3.A.3 Contract No. FY2012 -13 Service Area No. I.doc Page 2 of 4 Insurance Specifications The following requirements with respect to insurance and indemnification requirements shall be added to and become an integral part of the original Agreement: Insurance The Contractor shall not commence work under the Agreement until he has obtained all the insurance required under this Addendum and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required has been so obtained. The Contractor shall maintain such insurance as will protect him from claims under Worker's Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to his employees and all others for damages to property, any or all of which may arise out of or result from the Contractor's operations under the Agreement whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Evidence of the following insurance Policies will be furnished to the Owner prior to execution ofthe Agreement. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at his own expense and maintain in force at all times during the performance of services under this Contract, the following policies of insurance. Failure to maintain insurance may, at the option ofthe Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award, certificates of insurance must be furnished to the Contracting Officer. These certificates must provide thirty (30) day prior notice to the Borough in the event of cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the following: A. Workers' Compensation Insurance The Contractor shall provide and maintain, for all employees of the Contractor engaged in work under this Contract, Workers' Compensation Insurance as required by A.S. 23.30.045. The Contractor will be responsible for Workers' Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging \ \dove \ users \njavier \SharePoint Drafts \I 3.A.3 Contract No. FY2012 -13 Service Area No. 1.doc Page 3 of 4 in work and employer's liability protection not less than $100,000.00 per person, $100,000.00 per occurrence. B. Comprehensive (Commercial) General Liability Insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional Insured" under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired, and non - owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury, and $50,000.00 property damage. Additional Insured: The following shall be an Additional Insured: The Kodiak Island Borough, including all elected, and appointed officials, all employees and volunteers, all boards, commissions, and /or authorities and their board members, employees and volunteers. The Additional Insured shall be named on the Contractor's coverage for Commercial General and Vehicle liability. Indemnification: To the fullest extent pennitted by , agrees to defend, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers against any and all liabilities, claims, demands, lawsuits or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with the Agreement. \ \dove \users \njavier \SharePoint Drafts 13.A.3 Contract No. FY2012 -13 Service Area No. 1.doc Page 4 of 4 r' , . Kodiak Island Borough Office of the Borough Clerk g ra 710 Mill Bay Road btiG h : L f Kodiak, Alaska 99615 �a�'�i Phone (907) 486 -9310 Fax (907) 486 -9391 kt Y r, DATE: June 21, 2011 MEMO TO: Service Area No. 1 Board; Engineering and Facilities Department Staff FROM: Nova M. Javier, MMC, Borough Clerk RE: SA1 Board Meeting of June 16, 2011 Dear Service Area No. 1 Board Members, Concerns of the Engineering and Facilities Department staff regarding the action taken at the Special Meeting of June 16, 2011, have been brought to the attention of the Clerk's Office staff and this memo is being issued to address those concerns. This is our understanding of the proceedings of the meeting: • Item 5.A Recommendation to Borough Assembly to Award the Road Maintenance and Repairs, Snow Removal and Sanding Contract for Service Area No. 1 to for FY2012 and FY2013 was presented to the Board, a motion was made, discussion ensued, and a vote was taken to recommend "award(ing) the contract to MK Construction because they were the low bidder... ", at which time the motion failed by a 3 -3 vote. At this point the proper order of business would have been to move onto the next item on the agenda or a member of the board could have moved to reconsider or rescind the motion. This would have allowed the board to cancel the motion altogether. See attachment for more details. • Instead, discussion continued on Item 5.A, and a motion was made to "review (continue) the three contract bids before the board and then award the contract once the bids have been reviewed "; and this motion passed with a unanimous voice vote. • After further discussion was held, a duplicate of the main motion was made to "award the contract to MK Construction" and the motion carried five to one. • According to Roberts Rules of Order the duplicate motion was an improper motion and was therefore invalid. At this point the Board has the options to: • Advertise and hold a special meeting to bring back the item on the agenda. • Leave as -is and take the risk of legal challenge on the parliamentary procedures that were followed at the meeting. • Seek legal counsel (paid by the service area). Should you have additional questions on the process please contact our office. ROBERTS RULES OF ORDER CHAPTER V — THE MAIN MOTION §10. THE MAIN MOTION Main Motions That Are Not in Order (pp.106 -107) 2) No main motion is in order that presents substantially the same question as a motion previously rejected during the same session; and, apart from a motion to Rescind or to Amend Something Previously Adopted (35), no main motion is in order that conflicts with a motion previously adopted at any time and still in force. If a main motion that interferes with a desired action has been adopted, a motion or reconsider (37) the vote on it can be made for a limited time during the same session; and if it is reconsidered, it can be voted down or amended as desired, in the reconsideration. Although reconsideration is the preferable procedure in such a case when possible, an adopted main motion, at any time before or after it is too late to reconsider it, can be changed by means of the motion to Amend Something Previously Adopted, or it can be rescinded and the desired new motion can then be introduced. If a main motion to take a desired action has already been rejected during the current session, it can be renewed (38) — that is, the same question can be introduced again as if new — at any later session. CHAPTER X - RENEWAL OF MOTIONS; DILATORY AND IMPROPER MOTIONS §38. RENEWAL OF MOTIONS (pp. 325 -327) If a motion is made and disposed of without being adopted, and is later allowed to come before the assembly after being made again by any member in essentially the same connection, the motion is said to be renewed. Renewal of motions is limited by the basic principle that an assembly cannot be asked to decide the same, or substantially the same question twice during one session - except through a motion to reconsider a vote (37) or a motion to rescind an action (35), or in connection with amending something already adopted (see also pp. 72 -73). A previously considered motion may become a substantially different question through a significant change in the wording or because of a difference in the time or circumstances in which it is proposed, and such a motion may thus be in order when it could not otherwise be renewed. The rules restricting renewal of motions do not apply to any motion that was last disposed of by being withdrawn. A motion that is withdrawn becomes as if it had never been made and can be renewed whenever it would be originally in order, since the assembly was never asked to decide it. [page 326] Two general principles govern the renewal of motions: 1) No motion can be renewed during the same session in which it has already been before the assembly, except where its renewal is permitted by a specific rule; and such a rule always implies circumstances under which the motion has in some respect become a different question. (For a discussion of the rules growing out of this principle, see Nonrenewability During the Same Session, and Exceptions, below.) Whenever it is stated without qualification that a particular parliamentary motion "cannot be renewed," such a statement means that the motion cannot be renewed during the same session, or, in the case of a subsidiary or incidental motion, not during that session in connection with the same motion to which it directly adhered. 2) Any motion that is still applicable can be renewed at any later session, except where a specific rule prevents its renewal; and such an impediment to renewal at a later session normally can exist only when the first motion goes over to that session as not finally disposed of, in which case the question can then be reached through the first motion (see pp. 88, 329 -30). The distinction should be noted between the assembly (that is, the body of people who assemble) and the meeting (which is the event of their being assembled to transact business). ACCEPTABLE MEANS TO CANCEL VOTE ON A MOTION: • A member who voted on the prevailing side can ask the group to revisit the same motion in the same meeting by making the motion to Reconsider. If the majority agrees to discuss the original motion some more, then it adopts the motion to reconsider and at the appropriate time the chair can open the floor for debate on the original motion as if it had not been voted on at all. o The motion to reconsider poses the question, "Shall we give further consideration to a motion already voted on?" and is subject to unique limitations: • It must be made on the same day /session as the meeting in which the original motion was acted upon. • It must be made by a person who voted on the prevailing side of the motion to be reconsidered (in the case of a 3 -3 tie vote that failed, the prevailing side is made up by those who voted against the original motion). • The motion to reconsider can interrupt a speaker who has the floor before they begin to speak; however, dealing with the motion to reconsider can't interrupt pending business — that part of the process must wait until nothing else is pending. • Must be seconded. • Is debatable if the motion being reconsidered is debatable. • Can't be amended. • Requires a majority vote. • Can't be reconsidered. • Using the motion to Rescind or to Amend Something Previously Adopted, a group can undo, or change, any decision made by the group in the past. o A motion to rescind or to amend something previously adopted: • Can't interrupt a speaker who has the floor. • Must be seconded. • Is debatable. • Can be amended. • Requires a two- thirds vote without notice, a majority vote with notice, or a majority of the entire membership with no notice. • Can be reconsidered if it fails. KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2012 -07 Appointing a Member to the Kodiak Fisheries Development Association. SUMMARY: The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE). The by -laws of the KFDA provide for appointment of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council. One of the three joint KFDA Director's seats term expired in July 2011. Mr. Albert Tyler Schmeil has indicated his desire to be reappointed to the expired joint seat for a term to expire July 2014. Since there is no Borough /City Joint Work Session currently scheduled, both the Borough and City Managers proposed to present the reappointment of Mr. Schmeil. Joint Appointees: Stosh Anderson (7/13) (joint appointment) Linda Freed (7/11) (joint appointment) Albert Tyler Schmeil (7/14) (joint re- appointment) FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: L 4 r RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -07. 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: City Manager /Borough Clerk Introduced on: 09/01/2011 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2012 -07 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPOINTING A 10 MEMBER TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION 11 12 WHEREAS, the North Pacific Fishery Management Council adopted the Bering 13 Sea /Aleutian Islands Crab Rationalization Program as Amendments 18 and 19 to 14 the Fishery Management Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; 15 and 16 17 WHEREAS, under the Program, Kodiak was designated as an eligible crab 18 community (ECC) and in connection with such designation the Kodiak Island Borough 19 and the City of Kodiak have the authority to jointly exercise certain rights of first refusal 20 (ROFR) with respect to processor quota shares (PQS) allocated under the Program; and 21 22 WHEREAS, to exercise the ECC ROFR the Kodiak Island Borough and the City of 23 Kodiak have jointly designated the Kodiak Fisheries Development Association (KFDA) 24 as the region's eligible crab community entity (ECCE) having the authority to do so on 25 their behalf; and 26 27 WHEREAS, the bylaws of the Kodiak Fisheries Development Association provide 28 for appointment of Directors to the Board of the KFDA by the Kodiak Island Borough 29 Assembly and the Kodiak City Council; and 30 31 WHEREAS, the bylaws of the KFDA state, in part, that Directors shall serve until 32 their successors are appointed and qualified; and 33 34 WHEREAS, two of the three joint KFDA Director seats' terms have expired; and 35 36 WHEREAS, Mr. Albert Tyler Schmeil has indicated his desire to be reappointed to 37 the joint seat on the KFDA Board of Directors. 38 39 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 40 ISLAND BOROUGH THAT the following individual are appointed as Directors of the 41 Kodiak Fisheries Development Association, with the noted terms: 42 43 City Appointees: 44 Crab Processor Rep. - Mike Woodruff (7/13) (appointment) 45 Crab Harvester Rep. - Jeff Stephan (7/14) (reappointment) 46 47 Joint Appointees: 48 Stosh Anderson (7/13) (joint appointment) 49 Linda Freed (7/11) (joint appointment) 50 Albert Tyler Schmeil (7/14) (joint appointment) 51 52 Borough Appointees: 53 Crab Processor Rep. — Tuck Bonney (7/12) (reappointment) 54 Crab Harvester Rep. — Jerry Bongen (7/12) (reappointment) 55 Kodiak Island Borough Resolution No. FY2012 -07 Page 1 of 2 56 57 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 58 THIS DAY OF 2011 59 60 KODIAK ISLAND BOROUGH 61 62 63 64 ATTEST: Jerome M. Selby, Borough Mayor 65 66 67 68 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 -07 Page 2 of 2 m ,l e r Kodiak Island Borough '' y x Office of the Borough Clerk � �, r� a��.uF � a .I , <�' � 710 Mill Bay Road h i: , s t ' Kodiak, Alaska 99615 ,> Ott `t ' � .. Phone (907) 486 -9310 Fax (907) 486 -9391 ', EMAIL: njavierna,kodjakak.us II 13 'BARD APPLICATION � l (0� o NAME: L �� V✓( HOME PHONE: 2/86 -B 683- ORK: ' CELL NO: 46 0 - . 2 - c ? Z'IIC E -MAIL: +wI 6C - le ( (C 4 CGI - : rt 0c -b cchoi ( _ r'?c t • wl STREET ADDRESS: 'YU ) cJ 6 -,,c e Crlec Rcc cQ MAILING ADDRESS: R_�. \ (t / 14 f L ccl tG lc_ A 996 cs LENGTH OF RESIDENCE IN KODIAK: ..3 g IN ALASKA: cJ ARE YOU A REGISTERED VOTER IN KODIAK? YES (✓" NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES ( NO ( ) COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: „-- < tCk. 1-\.� AREA OF EXPERTISE AND /OR EDUCATION: nn + �O w1N-terLC�1 z K�9 I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in rder_of preferenc�e� 1. . -Y� X =, 2. ID 1-9 § -- .�U sl s. i 4 • c rill ; JUL 2 C 2{)11 Ara , . __ 7 Z 2_6 4t �� ignature - - p / { I ! I BOROUGH CLERK'S OFFICE A resume or letter of interest may be attached, but is not required. This application will be kept on -file- for - one -year. Please return the . •plication by the advertised deadline. a -STAFF USE ONLY - Voter ID No Verified:: Wit Documentation: Appointment Letter Applicants Residence:: coy ( ) Roster: Date Appointed: r Oath of Orrice: Tenn &pires an: Financial Disdosre: Com-nerds: KODIAK ISLAND BOROUGH / CITY OF KODIAK o t'.; A , , c. - a moo!^ x '>-.. -z,, ° _ ,4 r .i a .,- .- i � •) T KODFAK :FIS DEV ELOPMENT ASSOCIATION ne `, 7 _�--�� BOARD O ' F,�DIRECTO•RS 2011 r . '— �' .�., ,... NAME TERM PHONE EMAIL CITY APPOINTEES Crab Processors Representative Mike Woodruff 7/2013 486 - 8100 mwoodruff62yahoo.com Crab Harvester Representative Jeff Stephan 7/2011 486 -4568 tsteoharq@ptialaska.net JOINT APPOINTEES Stosh Anderson 7/2013 486 -3673 stosh a W,hotmail.com • Linda Freed 7/2011 486 -5314 freed gci.net Albert Tyler Schmeil 486 -8587 tmschmeilegci.net BOROUGH APPOINTEES Crab Processors Representative Tuck Bonney 7/2012 486 - 3329 tbonney (Talaskapacifcseafoods.com Crab Harvester Representative Jerry Bongen 7/2012 486 -6245 jbongenc mac.com W By -laws state, in part, that directors shall serve until their successors are appointed and qualified. I V,SIAF:i6-11k7ikte!,�'"] •� y>kt > 44 :'. ;Q ,`t CITY "MANAGER, AIMEE KNIAZIOWSKI 486 -8640 akniaziowski(dcity. kodiak.ak. us OFFICE OF THE:CITY MANAGER 719 MILL BAY. ROAD, ROOM KODIAK� AK 99615`' . " Revision Date: 8/22/2011 Revised by: JK 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: City Manager /Borough Clerk Introduced on: 10/21/2010 4 Adopted on: 10/21/2010 5 6 KODIAK ISLAND BOROUGH • 7 RESOLUTION NO. FY 2011 -07 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPOINTING A 10 MEMBER TO THE KODIAK FISHERIES DEVELOPMENT ASSOCIATION 11 12 WHEREAS, the North Pacific Fishery Management Council adopted the Bering Sea 13 /Aleutian Islands Crab Rationalization Program as Amendments 18 and 19 to the Fishery 14 Management Plan for Bering Sea /Aleutian Islands King and Tanner Crabs; and 15 16 WHEREAS, under the Program, Kodiak was designated as an eligible crab community '17 (ECC) and in connection with such designation the Kodiak Island Borough and the City of 18 Kodiak have the authority to jointly exercise certain rights of first refusal (ROFR) with respect 19 to processor quota shares (PQS) allocated under the Program; and 20 21 WHEREAS, to exercise the ECC ROFR the Kodiak Island Borough and the City of Kodiak 22 have jointly designated the Kodiak Fisheries Development Association (KFDA) as the 23 region's eligible crab community entity (ECCE) having the authority to do so on their behalf; 24 and 25 26 WHEREAS, the bylaws of the Kodiak Fisheries Development Association provide for 27 appointment of Directors to the Board of the KFDA by the Kodiak Island Borough Assembly 28 and the Kodiak City Council; and 29 30 /WHEREAS, the bylaws of the KFDA state, in part, that Directors shall serve until their 31 successors are appointed and qualified; and 32 33 WH • , one of the three joint KFDA Director seats' terms has expired; and 34 35 WHEREAS, Mr. Stosh Anderson has indicated his desire to be reappointed to the joint 36 seat on the KFDA Board of Directors. 37 38 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 39 ISLAND BOROUGH that the following individual are appointed as Directors of the Kodiak 40 Fisheries Development Association, with the noted terms: 41 42 City Appointees: 43 Crab Processor Rep. - Mike Woodruff (7/13) (appointment) 44 Crab Harvester Rep. - Jeff Stephan (7/11) (reappointment) 45 46 47 Kodiak Island Borough Resolution No. FY2011 -07 Page 1 of 2 • 48 49 Joint Appointees: 50 Stosh Anderson (7/13) (joint appointment) 51 Linda Freed (7/11) (joint appointment) 52 Albert Tyler Schmeil (7/11) (joint appointment) 53 54 Borough Appointees: 55 Crab Processor Rep. — Tuck Bonney (7/12) (reappointment) 56 Crab Harvester Rep. — Jerry Bongen (7/12) (reappointment) 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 59 THIS TWENTY FIRST DAY OF OCTOBER, 2010 60 61 KODIAK ISLAND BOROUGH 62 63 - // 64 65 ATTEST: Jerome M. Selby, Bo • •444(• 66 67 --yi 68 • 69 Nova M. Javier, M• C, Borough Clerk Kodiak Island Borough Resolution No. FY2011 -07 Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 13.6.2 TITLE: Resolution No. FY2012 -09 Authorizing the Approval of a Lease with the City of Kodiak for Office Space and a Proportional Share of Common Area Within the Kodiak Island Borough Building. SUMMARY: Kodiak Island Borough Code Section 18.40.020 (Negotiated Leases) requires approval of the Assembly of specific leases. By this resolution, the Assembly would authorize the Manager to renew for another five -year period the lease to the City of Kodiak of office space described as Suites 210 through 222 on the second floor of the Kodiak Island Borough Building, as well as a proportional share of the common areas consisting of the Assembly Chambers and the Borough Conference Room. With adjustments made for calculation of lease area based on interior measurements, as is more standard with commercial leases, and the addition of 15 per cent proportional common area usage, the total leased area remains virtually the same as in the previous five -year lease (3,444 sq. ft.). However, the rental rate will increase 7 -1/2 percent, or $.15 per sq. ft., to reflect the utility cost increase. Total rent will be $7,576.80 per month. Other terms of the lease remain unchanged. The lease will terminate in 2016. The lease has been signed by the City Manager. APPROVAL FOR AGENDA: apJ c=r RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -09. 1 Introduced by: Borough Manager Requested by: Borough Manager 2 Drafted by: Resource Mgt. Officer 3 Introduced on: 09/01/2011 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2012 -09 8 9 A RESOULUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING 10 THE APPROVAL OF A LEASE WITH THE CITY OF KODIAK FOR OFFICE SPACE AND 11 A PROPORTIONAL SHARE OF COMMON AREA WITHIN THE KODIAK ISLAND 12 BOROUGH BUILDING. 13 14 WHEREAS, Kodiak Island Borough Code Section 18.40.020 (Negotiated Leases) requires 15 approval of the Assembly of specific leases; and 16 17 WHEREAS, the lease with the City of Kodiak needs to be approved by the Assembly; and 18 19 WHEREAS, the rental rate established by Resolution No. 2003 -20E on May 18, 2006, has 20 been adjusted in agreement with the City of Kodiak to reflect the utlility cost increase; and 21 22 WHEREAS, the City Manager has already signed the lease; and 23 24 WHEREAS, the Borough Manager is designated to sign the lease on behalf of the 25 Assembly; 26 27 NOW, THEREFORE BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH, ALASKA that the Borough Manager is hereby authorized to sign the lease on 29 behalf of the Assembly. 30 31 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 32 THIS DAY OF 2011 33 34 KODIAK ISLAND BOROUGH 35 36 37 38 Jerome M. Selby, Borough Mayor 39 ATTEST: 40 41 42 43 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 -09 Page 1 of 1 Contract No. FY2012 -12 LEASE AGREEMENT THIS LEASE AGREEMENT is made this day of July, 2011, by and between THE KODIAK ISLAND BOROUGH, a borough organized under the laws of the state of Alaska, hereinafter called Landlord, and City of Kodiak, hereinafter called Tenant. For and in consideration of the covenants, rents and demises, and upon the terms and conditions hereinafter set forth, the parties agree as follows: I . Premises. Landlord, for and in consideration of the rents, covenants and conditions hereinafter specified to be paid, performed and observed by Tenant, does hereby let, lease and demise to Tenant the improved real estate descrihed as follows: Office space of 3,137 square feet known as Suites 210 to 222 located on the second floor of the Kodiak Island Borough Building and, in addition, a proportional fifteen percent (15 %) share of the common areas described as the Assembly Chambers (1,515 sq. ft.) and the Borough Conference Room (531 sq. ft.), resulting in 3,444 sq. ft. total lease area. The Premises is located at 710 Mill Bay Rd., which is also the following descrihed real property: Lot Seven A (7A), USS 2538A, Township 27S, Range 19W, Seward Meridian, Kodiak Recording District, Third Judicial District, State of Alaska. The aforesaid office space and common area, hereinafter referred to as the leased premises, is more specifically depicted or outlined on the floor plan attached hereto as Exhibit A. Tenant, upon paying the rents, and performing all of the terms and covenants on this part to be performed, shall peaceably and quietly enjoy the leased premises subject nevertheless, to the terms of this lease, and to any deed of trust or mortgage to which this lease is subordinated. 2. Term of Lease. The term of the lease shall be for the period of five (5) years following the commencement of the term, unless sooner terminated as hereinafter provided. The term of the lease shall commence on , 2011, and shall expire at 5:00 P.M., Alaska Standard Time on June 30, 2016. In the event the foregoing commencement provision results in a commencement date other than on the first day of a calendar month, the rent shall be immediately paid for such initial fractional month prorated on the basis of a thirty (30) day month. 3. Termination of Lease. Both parties have the right to terminate this lease with ninety (90) days written notification. 4. Rental. In consideration of the demise and leasing of the premises aforesaid by Landlord, the Tenant covenants, stipulates and agrees to pay to the Landlord as rental for said premises hereinabove described, at the rate of two dollars and twenty cents ($2.20) per square foot, the sum of seven thousand five hundred and seventy six dollars and eighty cents ($7,576.80) for office space and proportional common area use monthly in advance, on or before the first day of each month of the lease term. Page 1 of 10 City Record No. 196508 Contract No. FY2012 -12 All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may designate from time to time in writing. Landlord reserves the right to increase the rent cost per square foot based on utility cost increases on an annual basis. A ninety (90) day notice will be provided to tenant before the change is made. 5. Alteration of Premises. Tenant shall not make any alterations, additions, or improvements in or to the leased premises without first obtaining the written consent of Landlord. Any such alterations, additions and improvements consented to by Landlord shall be made at Tenant's expense. Tenant shall secure all governmental permits required in connection with such work, and shall hold Landlord harmless from all liability and liens resulting therefrom. All alterations, additions and improvements, except trade fixtures and appliance and equipment which do not become attached to the building, shall immediately become a part of the realty and the property of the Landlord without obligation to pay therefore, except that Landlord may require removal of all or part thereof by Tenant at the termination of the lease, at Tenant's expense, and Tenant shall pay for or repair any damages to the leased premises, including, without limitation, any necessary patching, repainting, and repairing caused by such removal. Upon removal of the trade fixtures and appliances and equipment which do not become attached to the building, Tenant shall restore the leased premises to the same condition that they were in prior to the installation of said items, including, without limitation, any necessary patching, repainting and repairing. Any trade fixtures, appliances, equipment or other property not removed from the leased premises by Tenant upon termination of the lease shall be deemed abandoned by Tenant, provided that Tenant shall save Landlord harmless from any loss, cost, or damage arising from Tenant's failure to remove such items. 6. Use of Premises. The leased premises shall be used for general office space and meetings, and for no other purpose, without the prior written consent of Landlord. Tenant shall not use or permit the leased premises or any part thereof to be used for any purpose in violation of any municipal, borough, state, federal or other governmental law, ordinance, rule or regulation. Tenant agrees that Tenant, together with all other persons entering and/or occupying the leased premises at Tenant's request or with Tenant's permission, will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management, safety, care and cleanliness of the building, and the preservation of good order therein, as well as for the convenience of other occupants and tenants of the building, and for the use of any parking areas adjacent to the building. The violation of any such rules and regulations shall be deemed a material breach of the lease by the Tenant. Tenant shall not, without Landlord's prior written consent, use, operate or install any electrical or mechanical equipment, machinery, or mechanical devices in the leased premises, except in compliance with the highest standards applicable to the leased premises, except in compliance with the highest standards applicable to the use, operation, or installation of such equipment, machinery or devices, generally recognized by the profession or industry in which Tenant is engaged, nor shall Tenant use the leased premises, or any machinery or equipment therein, in such a manner as to cause substantial noise or vibration, or unreasonable disturbance to other tenants in the building. In the, event Tenant's use of the leased premises causes an increase in Landlord's fire or hazard insurance premiums; Tenant shall reimburse Landlord for the amount of such. increase. Page 2 of 10 City Record No. 196508 Contract No. FY2012 -12 7. Taxes. Tenant shall pay any and all taxes levied on personal property and trade or other fixtures in the leased premises, and any license and excise fees and occupation taxes covering business conducted on the leased premises, and as additional rent, an amount equal to any sales taxes on rentals payable hereunder. 8. Utilities. Landlord shall furnish, at its expense, the following utilities and services for normal office use of the leased premises: (a) Electricity for normal lighting, air conditioning, and office use. Special or additional electrical requirements shall be paid by Tenant. (b) Heat, snow removal for common areas, and sewer and water based on normal office use. (c) Janitorial service for the leased premises on a five- day -a -week basis, and periodic exterior window washing. (d) Refuse collection based on normal office use. Tenant shall provide at his expense all other utilities and services used at the leased premises. Landlord shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of said utilities or services, arising from any. cause, condition or event; and no variation, interruption or failure of such utilities and services incident to the making of repairs, alterations, or improvements, or arising from any accident, strike, condition, cause or event in whole or in part beyond the reasonable control of Landlord shall be deemed an eviction of Tenant or relieve Tenant from any obligation hereunder. 9. Maintenance and Repairs. Landlord shall, at its expense, maintain and keep in good repair the foundations, exterior walls, roof and other structural portions of the building. Tenant shall, at its expense, maintain the interior of the leased premises at all times in good condition and repair, all in accordance with the laws of the State of Alaska and all directions and regulations of governmental agencies having jurisdiction hereof. Tenant shall commit no waste of any kind in or about the leased premises, and Tenant shall pay for all damage to the building, as well as damage to tenants or occupants hereof, caused by Tenant's misuse or neglect of the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises in good and clean condition, normal wear and tear excepted. Landlord shall maintain and repair all plumbing, lines and equipment installed for the general supply of hot and cold water, heat, ventilation and electricity, except that Tenant shall be responsible for any and all maintenance and repairs attributable to obstruction or objects deliberately or inadvertently introduced or placed in the fixtures, lines or equipment by Tenant, his employees, agents, licensees or invitees. Landlord shall not be responsible or liable at any time for any loss or damages to Tenant's equipment, fixtures or other personal property of Tenant or to t'enant's business except to the extent attributable to Landlord's negligence. Landlord shall not be responsible or liable to Tenant or to those claiming by, through or under Tenant for any loss or damages to either the person or property of Tenant that may be occasioned by or through the acts or omissions of persons occupying other portions of the building. Page 3 of 10 City Record No. 196508 Contract No. FY2012 -12 Landlord shall not be responsible or liable for any defect, latent or otherwise, in the building in which the leased premises is situated, or any of the equipment, machinery, utilities, appliances or apparatus therein nor shall it be responsible or liable for any injury, loss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water or sewerage in any part of said leased premises, the building, or the surrounding area, or for any injury or damage caused by or resulting from acts of nature or the elements, or for any injury or damage caused by or resulting from any defect in the occupancy, construction, operation or use of any of said leased premises, building, machinery, apparatus or equipment by any person or by or from the acts or negligence of any occupant of the premises, unless Landlord itself is negligent. 10. Fire and Other Casualty. Should the leased premises be damaged by fire or other casualty, and if the damage is repairable within four (4) weeks from the date of occurrence (with the repair work and the preparations therefore to be done during regular working hours on regular work days), the damages shall be repaired with due diligence by Landlord, an in the meantime the monthly rental shall be abated in the same proportion that the untenable portion of the leased premises bears to the whole thereof. Should the leased premises be completely destroyed by fire or other casualty, or should they be damaged to such an extent that the damage cannot be repaired within the four (4) weeks of the occurrence, Landlord shall have the option to terminate this lease, and Landlord shall advise Tenant within thirty (30) days after the happening of any such damage whether Landlord has elected to continue this lease in effect or to terminate it. If Landlord shall elect to continue this lease in effect, it shall commence and prosecute with reasonable diligence any work necessary to restore or repair the leased premises. If Landlord shall fail to notify Tenant of its election within said thirty -day period, Landlord shall be deemed to have elected to terminate this lease, and the lease shall thereafter automatically terminate. The commencement by Landlord of repair work shall be deemed to constitute notice that Landlord has elected to restore or repair the leased premises. For the period from the occurrence of any damage to the leased premises to the date of completion of the repairs (or to the date of termination of the lease if Landlord shall elect not to restore the leased premises), the monthly rental shall be abated in the same proportion as the portion of the leased premises bears to the whole thereof. In the event restoration or repair is delayed by acts or omissions of Tenant, there shall be no abatement of rental during the period of such delay. If the fire or damage is caused by the carelessness, negligence or improper conduct of Tenant, then notwithstanding other provisions of this lease, Tenant shall remain liable for the rent, without abatement, during any period of repair or restoration. If the Landlord, in its discretion, shall decide within thirty (30) days after the occurrence of any fire or other casualty in the building, even though the leased premises may not have been affected by such fire or other casualty, to demolish, rebuild or otherwise replace or alter the building containing the leased premises, then upon written notice given by Landlord to Tenant, this lease shall terminate on a date specified in such notice, but no sooner than thirty (30) days from the date of such notice, as if that date had been originally fixed as the expiration date of the term herein leased. Tenant and Landlord hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire insurance policies, including any extended coverage and endorsements thereto; Page 4 of 10 City Record No. 196508 Contract No. FY2012 -12 provided, however, that this paragraph shall be inapplicable if it would have the effect, but only to the extent that it would have the effect, of invalidating any insurance coverage of Landlord or Tenant. Restoration or repair work conducted in the common areas, in areas of the building unleased, or leased to other tenants, or the noise or interference arising therefrom, shall not be deemed an eviction of Tenant, or a breach of this lease, but Tenant's obligation to pay rent shall be abated during such period of time as Tenant is unable to conduct business at the leased premises by reason of actual physical interference with use of the leased premises as a result of such restoration or repair work. 11. Subletting and Assignment. Tenant shall not sublet the leased premises, or any part thereof, or assign this lease or any part thereof, nor shall this lease be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Landlord to such subletting or assigning; any such assignment or sublease without Landlord's written consent shall be void. If Tenant is a corporation, any merger, consolidation. or dissolution to which it is a party, or any change in ownership of a majority of its voting stock outstanding, shall constitute an assignment of this lease for purposes of this paragraph. 12. Indemnification. Tenant agrees to protect, defend, indemnify and save harmless Landlord from and against any and all claims (no matter how meritless) demands, and causes of action of any nature whatsoever, and any expenses incident to defense of and by Landlord therefrom, for injury to or death of persons or loss of or damage to property occurring on the leased premises, or in any manner arising out of Tenant's use and occupation of said premises, or the condition thereof, during the term of this lease. Tenant shall procure and maintain public liability insurance coverage, naming Landlord as an insured, which coverage, pertaining to the leased premises, shall not be less than $250,000 per person for bodily injury or death, $500,000 per occurrence for bodily injury or death, and $100,000 for property damage. Landlord shall be an additional named insured in such policy or policies. Such policy or policies shall be written by a responsible insurance company or companies satisfactory to Landlord. Upon the signing of this Agreement, certificates of insurance showing compliance with the foregoing requirements shall be furnished by Tenant to Landlord for approval. Certificates shall state that the policy or policies will not be canceled or altered without at least thirty (30) days, prior written notice to Landlord. Maintenance of such insurance and the performance by Tenant of the obligation under this paragraph shall not relieve Tenant of liability under this indemnity agreement. 13. Common Areas and Facilities. Designated common areas for which Tenant will pay based on proportional use of fifteen percent (15 %) are the Assembly Chambers and the Borough Conference Room, as indicated in Section 1. All common areas and common facilities in or about the leased premises and the building shall be subject to the exclusive control, scheduling and management of Landlord, with the understanding that the proportional use of the Assembly Chambers and the Borough Conference Room by the City Council based on a schedule submitted to the Borough Clerk will take priority over any other use except use by the Kodiak Island Borough. Landlord shall have the right to construct, maintain and operate lighting and other improvements on all said areas; to change the area, level, location and arrangement for Page 5 of 10 City Record No. 196508 Contract No. FY2012 -12 common areas and other facilities and temporarily to close the common areas to effect such changes. All common areas and facilities which Tenant may be pennitted to use and occupy are to be used and unoccupied under a revocable license, which shall not be unreasonably revoked, and if any such license be revoked or if the amount of such areas be changed or diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent nor shall revocation or diminution of such areas be deemed constructive or actual eviction. 14. Liens. Tenant will not permit any mechanics', laborers' or material men's liens to stand against the leased premises or improvements for any labor materials furnished to Tenant or claimed to have been furnished to Tenant, or to Tenant's agents, contractors, or sublessee, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction of sufferance of Tenant; provided, however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give to Landlord such reasonable security as may be demanded by Landlord to insure payment of such lien or such claim of lien. Tenant will immediately pay any judgment rendered with all proper costs and changes and shall have such lien released or judgment satisfied at Tenant's own expense. The foregoing provisions respecting liens shall apply to all liens, of any kind or nature asserted against the leased premises or improvements thereon, including liens arising out of, incident to, or connected with the use and occupation of the leased premises by Tenant. 15. Default. If Tenant at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency, or other proceedings, in law, in equity, or before any administrative tribunal, which have or might have the effect of preventing. Tenant from complying with the terms of this lease) shall: (a) Fail to make payment of any installment of rent or of any other sum herein specified to be paid by Tenant, and Tenant fails to cure such default within ten (10) days after such failure to make payment; or (b) Fail to observe or perform any of Tenant's other covenants, agreements, or obligations hereunder, and if within thirty (30) days after Landlord shall have given to Tenant written notice specifying such default or defaults, Tenant shall not have commenced to cure such default and proceed diligently to cure the same; or (c) If Tenant has filed a Petition under Chapter 11 of Bankruptcy Act, 11 O.S.C. 701 et seq., or a voluntary petition under any other provision of said Bankruptcy Act, or if Tenant finally and without further possibility to appeal or review: (1) is adjudicated as bankrupt or insolvent; or (2) has a receiver appointed for all or substantially all of its business or assets on the ground of Tenant's insolvency; or (3) has itself appointed as a debtor -in- possession; or (4) has a trustee appointed for it after a petition has been filed for Tenant's reorganization under the Bankruptcy Act of the United States known as the Chandler Act or any future law of the United States having the same general purpose; or Page 6 of 10 City Record No. 196508 Contract No. FY2012 -12 (5) if Tenant shall make an assignment for the benefit of creditors, then in any such event Landlord shall have the right at its election, then or at any time thereafter, and while such default, defaults or events shall continue, to give Tenant notice of Landlord's intention to terminate this lease and all Tenant's rights hereunder, on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving of such notice, and on the date specified in such notice, the term of this lease and all rights granted Tenant hereunder shall come to an end as fully as if the lease then expired by its own terms, and Tenant hereby covenants peaceable and quietly to yield up and surrender to Landlord said leased premises and all structures, buildings, improvements and equipment located thereon, and to execute and deliver to Landlord such instrument or instruments as shall be required by Landlord as will properly evidence termination of Tenant's rights hereunder or its interest therein. In the event of termination of this lease as in this paragraph above provided, Landlord shall have the right to repossess the leased premises and such structures. buildings, improvements and equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for and recover all rents and other sums accrued up to the time of such termination, and damages for rent not then accrued. Landlord shall also have the right, without resuming possession of the premises or terminating this lease, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. 16. Notices. Any and all notices required or permitted under this lease, unless otherwise specified in writing by the party whose address is changed, shall be mailed, certified or registered mail, or delivered, to the following addresses: LANDLORD: TENANT: Kodiak Island Borough City of Kodiak 710 Mill Bay Road PO Box 1397 Kodiak, Alaska 99615 Kodiak, Alaska 99615 Any such notices shall be deemed effective on the date of mailing or delivery. 17. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this lease or an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefor, including a reasonable attorney's fee. In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such other party shall pay all costs and reasonable attorney's fees incurred or paid by such party in connection with such litigation. 18. Rights or Remedies. Except insofar as this is inconsistent with or contrary to any provision of this lease, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. Page 7 of 10 City Record No. 196508 Contract No. FY2012 -12 19. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed in writing, no waiver by Landlord of any breach by Tenant of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Landlord to seek a remedy for any breach of Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. 20. Inspection. Landlord shall at all reasonable times during Tenant's business hours have access to the premises for the purpose of inspection. Landlord shall also be entitled to put "to lease" or "for lease" signs in and about the leased premises, and to show the leased premises to prospective tenants, during the last sixty (60) days of the lease term and any extended term, and during any period of time after Landlord has given Tenant a notice of intention to terminate under paragraphs 15 and 3 of this lease. 21. Notices of Nonresponsibility. Landlord may enter the demised premises at any time for the purpose of posting notices of nonresponsibility. 22. Successors in Interest. This lease shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 23. Holding Over. In the event that the Tenant holds over at or after the end of the term, the tenancy shall be needed a month -to -month tenancy commencing on the first day of the holdover period. 24. Signs. Landlord shall provide one sign for the Tenant. Tenant agrees that any other sign or signs installed on the demised premises shall be with the consent of the Landlord. 25. Memorandum of Lease. Tenant agrees that Tenant will not record this lease. At the request of either Landlord or Tenant, the parties shall execute a memorandum lease for recording purposes in lieu of recording this lease, in such form as may be satisfactory to their respective attorneys. 26. Estoppel Certificates. Tenant shall, at any time and from time to time upon not less than fifteen (15) days' prior request by Landlord execute, acknowledge and deliver to Landlord a statement in writing certifying that this lease is in full force and effect and unmodified (or in full force and effect and modified and stating the modifications), the dates to which the rent(s) and any other charges have been paid in advance, the date Tenant entered into occupancy of the leased premises and the date the lease term expires, the nature and amount of any claims of Tenant against Landlord arising as a result of this lease, and the existence and nature of any defenses or offsets claimed by Tenant against enforcement of this lease by Landlord; it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser or encumbrancer (including assignees) of the premises. In the event Tenant fails so to certify within such fifteen (15) day period, Tenant shall be deemed to have certified and admitted the accuracy of information submitted by Landlord in good faith to any prospective purchaser or encumbrancer in respect to this lease. Page 8 of 10 City Record No. 196508 Contract No. FY2012 -12 27. Excuse for Nonperformance. Either party hereto shall be excused from performing any or all of its obligations hereunder with respect to any repair and construction work required under the terms of this lease for such times the performance of any such obligation is prevented or delayed by an act of God, floods, explosion the elements, war, invasion, insurrection, riot, mob violence, sabotage, terrorist activity, inability to procure labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, action by labor unions, or laws or order of governmental agencies, or any other cause whether similar or dissimilar to the foregoing which is not within the reasonable control of such party. 28. Construction of Lease. This lease shall be governed by and construed in accordance with the laws of the State of Alaska. Words of gender used in this lease shall mean and include any other gender, and singular shall mean and include the plural and the plural the singular, where applicable, and when the sense requires. 29. Security Deposit. An essential inducement to Landlord from Tenant for this lease is a security deposit by Tenant in the amount of No Dollars ($0.00). Said deposit for security is for the full and faithful performance by the Tenant of all the covenants and terms of this lease required to be performed by Tenant. Such security deposit shall be applied to the last month's rental after the expiration of this lease if Tenant has fully and faithfully carried out all of its covenants and terms. If Tenant does not fully and faithfully perform the covenants and terms of this lease, Landlord may apply the aforementioned security deposit against damages resulting from breaches of Tenant. In the event all or part of the security deposit is so applied, Tenant shall, upon demand, promptly pay to Landlord such amount as may be necessary to replenish the security deposit to its original amount. In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have the right to transfer such security deposit to purchaser to be held under the terms of this lease, and, in that event, the Landlord shall be released from all liability for the return of such security deposit to the Tenant. The Tenant may not assign or encumber the money deposited as security, and neither the Landlord nor its successors or assigns shall be bound by any such assignment or encumbrances. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of ,2011. TENANT: 7 ATTEST: f ;:, ¢, y Manager ity Clerk Page 9 of 10 City Record No. 196508 Contract No. FY2012 -12 LANDLORD: THE KODIAK ISLAND BOROUGH ATTEST: Borough Manager Borough Clerk Page 10 of 10 City Record No. 196508 th-, en- n/4h 6 op z) .. ,Li-,-, ,,.._ ,.. Li3 , ac ZIA/ - la tic' 41216 ,.,:. : Tt r . . i , _ ri4 1 ci 4:4. 1 .9 : , i44,.. '. . . . rl F --n --", f G: . i . 1 .■..2=1 j ....... 1. r j ........... c ... k j ...... j , , ri -ii■-ala: 42: L " IL. 2-I 247 41."frt , 1 .,>4-0-, zrs- ----- ---- -- -- r -r---- — I' BOROUGH BUILDING L. c cwr c. , _1 , .c.„: 0,' PC E - UPPER LEVEL u. 1....., 11 - 9. . :.:-: ' 7 L TOTAL AREA: 18161 SQ. FT 4..c f _........ uityri Tilt 7 L 2 - 7 I Ei 0 r r1 .I 1----. /. C O .. i i • \.1 :cis —7-41 -< ND CD \ cry (6 c,",t6 I a cf , Sol 5 ' C - figtri„owl-44,E4\2-ifei0 - 6:0.012, i'' - -----------=-- , ...--.. _ . s P/N 7 5F.. , coec 6Xitrer 'a' ( ° F' . cra [ .rrC ( ^6rY[_ 'r Y .irrrr "YQ. �; �?"c tl P:e. � .TCMC :RrYr x J - "E nr: r[ `�r +_ � — � +r 1, • ' >; u. .,.r n: =en s s:• ,.,,.. r.wr >¢. ; ' n «. • ,;.rtr ,rr: .w:, .... n ..., t • 0' ,•r t : ^,. . . � �! rs r S Tr ?FCe nr i. nrrISC .Y ^' ! . ?/ .1x7_ r 1 : 4 u . ....o•. •.i ; BOROUGH BUILDING TOTAL AREA LOWER LEVEL 9106 sq ft 0 0 0 z 2 m { N O _ N N .. -...c - 2 nit —Ib KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 13.B.3 TITLE: Resolution No. FY2012 -10 Authorizing the Submission of an Application to the Alaska Energy Authority Renewable Energy Fund Grant Recommendation Program, Round V for the Design and Construction of a Ground Source Heat Pump System in the Kodiak High School. SUMMARY: This resolution provides approval for the submission of an application to the Alaska Energy Authority Renewable Energy Fund Grant Program, Round V. This grant program is a competitive program for the purpose of recommending grants for renewable energy projects to be funded by the Alaska State Legislature. The intent in applying for this grant is to obtain funding to design and construct a ground source heat pump system in the Kodiak High School within the high school renovation and expansion project approved by voters in the October 6, 2009 election. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -10. 1 Introduced by: Borough Manager 2 Requested by: Borough Manager Drafted by: Grant Writer, 3 Christiansen 4 Introduced on: 09/01/2011 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2012 -10 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE ALASKA ENERGY 12 AUTHORITY RENEWABLE ENERGY FUND GRANT RECOMMENDATION PROGRAM, 13 ROUND V, FOR THE DESIGN AND CONSTRUCTION OF A GROUND SOURCE HEAT 14 PUMP SYSTEM IN THE KODIAK HIGH SCHOOL 15 16 17 WHEREAS, on October 6 2009 voter's authorized the Kodiak Island Borough to issue 18 general obligation bonds to finance the renovation and expansion of the 19 Kodiak High School, and 20 21 WHEREAS, staff is moving forward with the planning and design of the Kodiak High 22 School renovation and expansion project, and 23 24 WHEREAS, it is in the best interest of the community to explore the possibility of 25 employing alternative energy use in the high school as part of the renovation 26 and expansion project in order to reduce the cost of energy which will provide 27 long -term savings to tax payers and reduce the harmful effects of energy use 28 on the environment, and 29 30 WHEREAS, the Alaska Energy Authority has announced the Renewable Energy Fund 31 Grant Recommendation Program Round V which recommends grants for 32 renewable energy projects to be funded by the Alaska State Legislature, and 33 34 WHEREAS, the Kodiak Island Borough is an eligible applicant and is in compliance with 35 applicable federal, state, and local laws including existing credit and federal 36 tax obligations, and 37 38 WHEREAS, the Kodiak Island Borough will provide matching funds toward this project in 39 the form of in -kind contribution within the project budget. 40 41 42 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 43 BOROUGH that an application be submitted to the Alaska Energy Authority Renewable 44 Energy Fund for design and construction of a ground source heat pump system in the 45 Kodiak High School. 46 BE IT FURTHER RESOLVED that the Borough Manager is authorized to negotiate and 47 execute any and all documents required for granting and managing funds on behalf of the 48 Kodiak Island Borough. Kodiak Island Borough Resolution No. FY2012 -10 Page 1 of 2 49 50 51 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 52 THIS DAY OF 2011 53 54 KODIAK ISLAND BOROUGH 55 56 57 58 Jerome M. Selby, Borough Mayor 59 60 ATTEST: 61 62 63 64 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 -10 Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2012 -06 Rezoning a Portion of U.S. Survey 2735 From RR1 —Rural Residential 1 (One Acre) To RR2 —Rural Residential 2 (Two Acres) (Jay Johnston). SUMMARY: The Planning and Zoning Commission at its July 20, 2011 meeting held an advertised public meeting on Case 11 -027, and is recommending the rezoning of this parcel from RR1- Rural Residential 1 (one acre) to RR2 — Rural Residential 2 (two acres). This 1.14 acre tract of land will be combined with another parcel (owned by Leisnoi, Inc. currently before the Assembly) to create one larger lot that will be 2.56 acres in size and extending out to the Chiniak Highway. Action on this item will rezone this parcel and the Leisnoi parcel to create a single lot with one zoning designation. At one point, this parcel was known as the "Old Rendezvous Site." It was zoned B- Business and was one acre in size when it operated as a Bar /Restaurant. It was subsequently rezoned to RR1 when converted to a residential use by the Johnston family. Though it will not meet the required five acres minimum for residential lots in Middle Bay as identified in the Comprehensive Plan, the Commission's decision recognized that enlarging it would make it closer in size to the five acre requirement and there would be no change in the existing density nor the character of the surrounding area. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA . RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -06 in first reading to advance to public hearing at the next regular meeting of the Assembly. Introduced by: Borough Manager Requested by: P&Z Commission Drafted by: CDD Director 1 Introduced: 09/01/2011 2 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -06 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REZONING A PORTION OF U.S. SURVEY 2735 (OLD RENDEZVOUS SITE) FROM 10 RR1 RURAL RESIDENTIAL ONE ZONE TO RR2- RURAL RESIDENTIAL TWO ZONE 11 12 WHEREAS, this portion of U.S. Survey 2735 (The Old Rendezvous site) is a 1.14 acre 13 lot of record; and 14 15 WHEREAS, this parcel is a former business zoned lot that was rezoned for residential 16 purposes when the Rendezvous ceased operating; and 17 18 WHEREAS, the owner /petitioner is seeking to join this lot together with a 1.42 acre 19 unsubdivided portion of land to make a larger lot that will be 2.56 acres in size and extend 20 to the Chiniak Highway; and 21 22 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified 23 this area of Middle Bay for C- Conservation -5 acre minimum parcels; and 24 25 WHEREAS, the Planning and Zoning Commission held a properly noticed public hearing 26 on this request and is recommending that the Assembly approve the rezoning of this 27 parcel from RR1 —Rural Residential One Acres to RR2 —Rural Residential Two acres. 28 29 WHEREAS, the Commission acknowledged that even though the joining of the two 30 adjacent properties creates a lot that falls short of the 5 acres requirement of parcels in the 31 C- Conservation zoning district, the residential density and the neighborhood character of 32 the area will not be increased. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH THAT: 36 37 Section 1: This ordinance is not of a general and permanent nature and shall not 38 become a part of the Kodiak Island Borough Code of Ordinances; 39 40 Section 2: A portion of U.S. Survey 2735 is rezoned from RR1 —Rural Residential One 41 Acres to RR2 —Rural Residential Two Acre. 42 43 44 Kodiak Island Borough Ordinance No. FY2012 -06 Page 1 of 2 45 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 46 Commission are hereby confirmed as follows: 47 48 17.72.020 A. Findings as to the Need and Justification for a Change or 49 Amendment. 50 The rezones are needed to consolidate the zoning of two parcels that are proposed 51 to be consolidated by an approved preliminary plat. With the borough's GIS based 52 zoning system it is difficult to map multiple zones on a single lot where there are no 53 property boundaries to associate with the zoning boundaries. It is also bad policy 54 to allow individual lots with multiple zoning districts. The acquisition of C- 55 Conservation zoned land between the Chiniak Highway combined with a Portion of 56 U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards 57 conformity with the character of the surrounding area. The resulting parcel will 58 more than double in size to 2.56 acres with minimal change to the zoning and the 59 lot will then have frontage on the Chiniak Highway. 60 61 17.72.020 B. Findings as to the Effect a Change or Amendment would have 62 on the Objectives of the Comprehensive Plan. 63 The proposed replat in Case S11 -003 serves as the catalyst for these rezones 64 which will move the two parcels towards conformity with the overall character of the 65 surrounding area. The application of RR2 -Rural Residential Two zoning would not 66 allow future subdivision of the resulting lot and the list of permitted uses in the RR1 67 and RR2 zones are very similar. The petitioner has little chance of acquiring 68 additional acreage to create a five (5) acre site that would conform to the C- 69 Conservation zoning district. The RR2 zone therefore provides the best balance 70 between the character of the surrounding area and conformity with the 71 comprehensive plan designation for Conservation use. 72 73 74 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 75 THIS DAY OF 2011 76 77 78 KODIAK ISLAND BOROUGH 79 80 81 82 Jerome M. Selby, Borough Mayor 83 ATTEST: 84 85 86 87 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -06 Page 2 of 2 OLD BUSINESS COMMISSIONER BALDWIN requested to be recused from the two Old Business items due to a conflict of interest. A) Case 11 -027. Request Reconsideration of the vote for Case 11 -027 requesting a rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 - Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. (Requested Commissioner Watkins and Commissioner Schmitt). Dvorak reported the 2 cases have 1 staff report. The commission held 2 public hearings on these last month and both cases were failed; votes were changed with the intent to give notice of reconsideration. A notice of reconsideration was filed the following day therefore; these cases come back for reconsideration. Staff provided you with a memorandum to step the commission through the process. COMMISSIONER SCHMITT MOVED to reconsider the vote on the main motion made in Case 11 -027 made at the June 15, 2011 regular meeting. I voted against this motion. CHAIR TORRES read the original motion into the record. ROLL CALL VOTE ON MOTION CARRIED 4 -2. The ayes were Alan Torres, Brent Watkins, Alan Schmitt, and Rick Vahl. The noes were CaseyJanz and Bill Kersch. Dvorak stated he researched their questions from last week and found that regarding the status of sub - surface rights, he has a copy of the certificate to plat that was submitted with the preliminary plat. The related case that kind of preceded the rezoning or instigated the rezoning need and it states clearly that in the ANCSA conveyance of the Leisnoi parcel that they did not receive the sub- surface rights. With regards to ANCSA tax recapture Dvorak consulted with the Borough Assessing Department which gave him a 9 page Native Claims Settlement Act guidelines and there's a section in the back that talks about tax recapture upon subdivision plat recordation that basically allows the borough to go back 30 months from the time of recording at current property market values get what is referred to as tax recapture from these properties. On the final plat there's a certification block executed by the Borough Clerk's Office certifying that the taxes have been paid. In the case of tax recapture, the Assessing Department produces a special tax bill establishing a market value of the property and providing a year by year recapture analysis that is given to the native corporation property owner before they file their plat to ensure they really want to go through the process. The plat will not be recorded until or unless the tax recapture is paid. COMMISSIONER SCHMITT MOVED to recommend a rezone from RR1 -Rural Residential One to RR2 -Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. In response to CHAIR TORRES'S inquiry of what lot and how big was it that was sold previously, Dvorak stated it was 9.5 acre and it's from the same general area. Discussion regarding the RR2 zone versus Conservation zone and the Comp Plan, and moving toward conformity. In response to CHAIR TORRES' inquiry of is the next case not being requested to rezone to Conservation because you can't sell that small of a Conservation lot, Dvorak stated if you look at the map on page 5 of 6 there's an illustration of 2 little red parcels. The one in front between the Old Rendezvous site and the Right -Of -Way isn't a parcel, it just looks like it because he put red lines around it. Almost all other lots own the frontage up to the road Right -Of -Way except there is a gap here because there isn't a parcel there. There is no way to get 5 acres out of this parcel and Leisnoi isn't able to sell a part of the Right -Of -Way that's already been granted to the State. It's a landlocked parcel in a sense. Variances are reserved for when there is absolutely no other alternative, and in this case staff feels there is another alternative and moves as far as the Comp Plan as possible. It is moving more toward conformity with RR2 zoning and has moved as far as possible. EFFECTIVE CLAUSE The rezones approved for Case 11 -027 and 11 -028 shall not become effective until the filing of a final plat as approved with conditions in Subdivision Case S11 -003. FINDINGS OF FACT A. Findings as to need and iustification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findin' as to the effect a chance or amendment would have on he ob'ec 've of the comprehensive plan. The proposed replat in Case S11 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent watkins, Bill Kersch, Alan Schmitt, and Rick Valli. The noe was CaseyJanz. B) Case 11 -028. Request Reconsideration of the vote for Case 11 -028 requesting a rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation 14 RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 - Rural Residential Two zoned lot. (Requested Commissioner Watkins and Commissioner Schmitt). COMMISSIONER SCHMITT MOVED to reconsider the vote on the main motion made in Case 11 -028 made at the June 15, 2011 regular meeting. I voted against this motion. Old Business Item 8 A &B P &Z July 20, 2011 RECONSIDERATION M E M O R A N D U M Date: July 6, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the July 20, 2011 Regular Meeting Cases: 11 -027 & 11 -028 Applicant: Jay Johnston, Case 11 -027 Leisnoi, Inc., Case 11 -028 Agent: Carol Pagano, Sec./Treas. — Leisnoi, Inc. Request: (Case 11 -027) A Reconsideration of a failed motion to rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot; and, (Case 11 -028) A reconsideration of a failed motion to rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation to RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 — Rural Residential Two zoned lot. Location: 22077 Chiniak Hwy, Middle Bay (Case 11 -027); A Portion of Section 28, T29S R2OW, SM (Case 11 -028) Legal Description: A portion of U.S. Survey 2735 (Case 11 -027); A Portion of Section 28, T29S R2OW, Seward Meridian (Case 11 -028) Zoning: RR1 -Rural Residential One (Case 11 -027); C- Conservation Zoning District (Case 11 -028). COMMENTS Background At the June 15, 2011 regular meeting, the Commission failed two motions to recommend to the Borough Assembly that the two parcels in question be rezoned to RR2- Rural Residential Two Zoning District. These motions initially failed with 3 commissioners voting in favor of the rezones and 1 Commissioner voting against the rezones. The Commission's adopted by -laws (Article VI — Quorum and Voting Cases 11 -027 & 11 -028 Page 1 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Requirements) states that "the affirmative votes of the majority (four) of the authorized members of the Commission are required to carry a question. When asked by the department secretary if there is a change of vote, two commissioners who were at first in favor of the rezone changed their "yes" vote to "no" in order to be on the prevailing side of the vote. The result of the change of vote did not change the outcome of the vote, but the commissioners who changed their vote made it clear during deliberations on the motion that their intent was to end up on the prevailing side in order to be able to have the motion reconsidered at a future meeting. After the final vote staff was asked the about the process to "reconsider" this vote. The direction to commissioners was to have a member who voted on the prevailing side to fill out the "reconsideration affidavit" found at the Borough Clerks Office by 5:00 P.M. the next day (June 16, 2011). Subsequently, the affidavit was signed by two commissioners and attested by the clerk's office. Copies of these affidavits are included in this packet. Note: Because your adopted by -laws do not provide any specific direction on how to proceed with a request to reconsider a commission vote, Article IX Procedure (B) of your by -laws states: In all matters of procedure not covered by rules adopted by the Commission, Roberts Rules of Order; Newly Revised (10 Edition) by Henry M. Robert, shall be applicable and shall govern (KIBC 2.100.150) These formal rules are provided for you in the appendix of this staff report. Reconsideration Motion The reconsideration process must be taken in two parts. The first order of business is to bring the main motion (that was defeated) back on the table for reconsideration, discussion and another vote. If that motion passes, the commission moves on to the second order of business and that is to vote on the main motion just as if the vote on June 15th did not occur. If the reconsideration motion does not pass the action taken at the June 15 P &Z meeting is upheld and confirmed. The commission will not need to take additional public testimony. That portion of the meeting has already occurred. In fact, the chairman closed the public hearing section of the meeting. That being said, there are no restrictions on the commission and each member has a right to debate the issue again regardless of the arguments made at June's meeting. For those Commissioners who were not in attendance for the June 15 work session, it is recommended that a review of that meeting (by listening to the recording of that meeting) to get an understanding of the issues posed by the public as well as knowledge about why your fellow commissioners voted the way that they did. That way, all commissioners are on even footing to address this case knowledgably if the case is brought back to the table for further deliberations Cases 11 -027 & 11 -028 Page 2 of 12 Old Business Item 8 A &B P &Z July 20, 2011 RECOMMENDED MOTIONS Motion #1 Reconsideration Motion — Case 11 -027 Jay Johnston A commissioner who signed the reconsideration affidavit makes the following motion: Move to reconsider the vote on the main motion made in Case 11 -027 made at the June 15, 2011 regular meeting. I voted against this motion. The Chair then states: A motion to reconsider the vote on the June 15 2011 vote on case 11 -027 has been moved and seconded. That motion reads: A motion to recommend a rezone from RR1 -Rural Residential One to RR2 -Rural Residential Two for a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. /Notion #2 Vote on the Main Motion If the previous motion is approved the Chair states: Now that we have approved the reconsideration of this case, I will entertain a motion on the main question. APPROPRIATE MOTION Move to recommend a rezone from RR1 -Rural Residential One to RR2- Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Cases 11 -027 & 11 -028 Page 3 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Motion #3 Reconsideration Motion — Case 11 -028 Leisnoi Native Corns A commissioner who signed the reconsideration affidavit makes the following motion: Move to reconsider the vote on the main motion made in Case 11 -028 made at the June 15, 2011 regular meeting. I voted against this motion. The Chair then states: A motion to reconsider the vote on case 11 -028 has been moved and seconded. That motion reads: Move to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R20W, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Motion tt4 Vote on the Main Motion If approved the Chair now states: Now that we have approved the reconsideration of this vote, I will entertain a motion on the main question: Appropriate Motion: Move to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R20W, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Cases 11 -027 & 11 -028 Page 4 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. FINDINGS OF FACT Note: For your information, these findings are the identical ones found in the May 25, 2011 staff report Findings of Fact for Cases 11 -027 and 11 -028: A. Findings as to need and justification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The proposed replat in Case 511 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. Conclusion Should the commission approve the reconsideration, as stated in the motions, this action is a recommendation to the Borough Assembly to take under advisement as they deliberate the issues. Prior to this case e being taken up by the Assembly, public hearing notices will again be sent to adjacent property owners and another public hearing will occur at the future Assembly meeting. Cases 11 -027 & 11 -028 Page 5 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should the motion to reconsider, or the motion to approve the rezoning of these parcels fail and be denied, the Assembly can still "take up" the commission's action upon a request by the applicant within ten (10) days of the Commission's final action. Lastly, though staff has provided findings of fact for the instance that the rezone request is approved, should it be denied, it will be necessary for the commission to adopt findings of fact in the support of the denial. Cases 11 -027 & 11 -028 Page 6 of 12 Old Business Item 8 A &B lv P &Z July 20, 2011 (� II RECONSIDERATION AFFIDAVIT I rem -1 L.. CO a -1 ns , Planning and Zoning Commissioner, having voted on the prevailing side, file my intent to reconsider the vote taken at the Planning and Zoning Commission- NO Regular Meeting of June 15, 2011 on Case No. 11- 027 zone from RR1 -Rural Residential One tj RR2 -Rural Residential Two for a Portion of U.S. Survey 2735 fe ac arcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this cas- The applicant is Jay Johnston (11 -027). // •/ / A c 'SW Signature SUBSCRIBED AND SWORN to before me this 16 of June, 2011. ` ` � 0 �� j KILBl �i i�� i , = I �suc s '• Public In • and Alask r . `Q M'lommission Expires: ti)p I, A�.sA I_ 5 ctd^- tn' , Planning and Zoning Commissioner, having voted on the ALS prevailing side, file my intent to reconsider the vote taken at the Planning and Zoning Commissio r►;:' Regular Meeting of June 15, 2011 on Case No. 11- 027 RR1 -Rural Residential One to' RR2 -Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case 511 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. The applicant is Jay Johnston (11 -027). Signature SUBSCRIBED AND SWORN tROetttnnypp this 16 of June, 2011. • • �� • • �, e NV /1 " P I Not" ` N ubssion and For U •, FILED with the Kodiak Island Borough Clerk's office this 16 day of June 2011. Llama e, Aisissirat •o . Javier, MMC Bo • '•h Clerk Cases 11 -027 & 11 -028 Page 7 of 12 Old Business Item 8 A &B P &Z July 20, 2011 (rz� RECONSIDERATION AFFIDAVIT 1, t�ren -4 L L)&4L.k , Planning and Zoning Commissioner, having voted on the prevailing side, file my intent to reconsider the vote taken t la planning and Zoning Commissiont�ej � Regular Meeting of June 15, 2011 on Case No. 11 -0283 r fo om C- Conservation to RR2 -Rural ; Residential Two for a portion of Section 28, T29S, R2OW, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735 formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff report dated May 25 2011 as FINDINGS OF FACT for this case. The applicant is Leisnoi (11 -028). n / rigor Signature SUBSCRIBED AND S\ before me this 16 of June, 2011. \ \\\ KIL@QAi 'tbT,q4 i� ".` i v/ / // �A \ \\ M ommbssi Expires: j tilt C', 1, A, LAA L. 5 , Planning and Zoning Commissioner, having voted on the prevailing side, file my intent to reconsider the vote taken s�t•• the Planning and Zoning Commission 0j) n"' Regular Meeting of June 15, 2011 on Case No. 11- 028fia'r2'o"�'e from C- Conservation to RR2 -Rural % Residential Two for a portion of Section 28, T29S, R2OW, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735 formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. The applicant is Leisnoi (11 -028). J__SCSOT Signature SUBSCRIBED AND SWORN t$tl ftlryp this 16 of June, 2011. \\\ �. KILBQ'�i g ad q4 • ao. 4 . v e •• ` ,ma y $ L 1 /� / IA \ My omm s Expirr s 1 01T1 FILED with the Kodiak Island Borough Clerk's office this 16 day of June 2011. Nopr . Javier, M C Bo .ugh Clerk Cases 11 -027 & 11 -028 Page 8 of Old Business Item 8 A &B P &Z July 20, 2011 Kodiak Ish rd t ora gh A ) ; I rijel y * ./ � Community Development Department 41 P 710 Mill Bay Road „ E- - ^! ' - (I% Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us it June 16, 2011 • Mr. Jay Johnston PO Box 2503 Kodiak, AK 99615 Re: Case 11 -027. Request a rezone, in accordance with KIBC 17.205.030.0 (Manner of Initiation), ), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. Dear Mr. Johnston: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 15, 2011 denied your rezone request cited above, but 2 commissioners have signed a Reconsideration Affidavit so your case will be on the July agenda under Old Business. The commission will vote to see if they will re -take the vote on your case motion or if they decide to open it up for further deliberations or public hearing. If a new public hearing is decided upon the case will be postponed to the August Planning and Zoning agenda and be re- advertised. If the case is only deliberated anew the commission could arrive at a different outcome from this last meeting on June 15` If the request is approved the case will be automatically forwarded to the Borough Assembly for further review. If the case is denied you will have 10 calendar days in order to ask the Assembly to take up the commission's action as explained below. According to KIBC 17.205.055.B: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 calendar day period begins once the commission has approved their Findings of Fact on the case. Should you choose to elevate the Commission's decision to the Borough Assembly after the reconsideration is decided, a 8350.00 fee is required along with your written statement. Page 1 of 2 Cases 11 -027 & 11 -028 Page 9 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. Sincerely, S AC 41/2)dric Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Cases 11 -027 & 11 -028 Page 10 of 12 Old Business Item 8 A &B P &Z July 20, 2011 • Kodi k Isla, Id cAt ®rough ,9;;- i %V Community Development Department r f� � 710 Mill Bay oad ' 11 1' nw y � Kodiak, Alaska 99615 s as Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us June 16, 2011 Carol Pagano 711 H Street Anchorage, AK 99503 Re: Case 11 -028. Request a rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation to RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 — Rural Residential Two zoned lot. Dear Ms. Pagano: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 15, 2011 denied your rezone request cited above, but 2 commissioners have signed a Reconsideration Affidavit so your case will be on the July agenda under Old Business. The commission will vote to see if they will re -take the vote on your case motion or if they decide to open it up for further deliberations or public hearing. If a new public hearing is decided upon the case will be postponed to the August Planning and Zoning agenda and be re- advertised. If the case is only deliberated anew the commission could arrive at a different outcome from this last meeting on June 15` If the request is approved the case will be automatically forwarded to the Borough Assembly for further review. If the case is denied you will have 10 calendar days in order to ask the Assembly to take up the commission's action as explained below. According to KIBC 17.205.055.B: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 calendar day period begins once the commission has approved their Findings of Fact on the case. Page 1 of 2 Cases 11 -027 & 11 -028 Page 11 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should you choose to elevate the Commission's decision to the Borough Assembly after the reconsideration is decided, a $350.00 fee is required along with your written statement. Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. Sincerely, - Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Cases 11 -027 & 11 -028 Page 12 of 12 Public Hearing Items 7 -E 8, 7 -F Request: t o rezones, according m KIBC 977.205.030 a Image Overlay (Manner CQ Initiationito investigate t nib rezone CQp portion p( g@Egpo 0247 cos& agmwmg@aii Rendezvous ADD from M. Applicant: clifv Johnston (02+7) Residential Cootatio RR -2 -Rural Residential Two; EDOi Applicant: Leisnoi, 01s (028) investigate (Gip rezone CQaw unsubdivided portion CB Section A Township South at Range SOMA Seward Meridian, from C- Conservation ti RR -2 -Rural Residential Two �> y . . # c' , t 4! f g i. 4 n � 0 ii i. e1 a a . ;74.4.,,. e e� • } .F• , g � '�' r '- .k F h g f t 1l t t µ it lab 4 . 2 'f{ d Ti .,1 C , b. -.,- . ,: , t g f , 1 £ F i t: .+ " h Y a - , ,, - -mss? s ' s _sipt r f �� -n J , �fK bib, .�: � . II s 4 \ - a W " , � 5 I" i • �� ti Y m ? ' fit ' r N +ef ' mo f S _ o � . F £ K` .x • 1 w " M ... q '_ �. - � v.: LRetT _ ,y,. ..- e-art r • �; Kodiak Island Borough GIS System N J. `� - - 0 95 190 380 570 760 Feet S This map was prepared from the Kodak Island Borough's GIS System. It is provided for the purpose of showing the general :oration of a property within the Kadiak 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 (9g]) 686 -9333 Introduction - Page 1 of 6 Public Hearing Items 7 -E & 7 -F Introduction - Page 2 of 6 Public Hearing Items 7 -E 8 7 -F } K < r - `ti � 4' `� , , `f t t � ' , ; Req rezones . accordinga KIBC 9Y205 ( c, a' fit - x Initiation), Qt investigate f n(b rezone arq'portion P & sCas #U- & 028 t lila amp 2M Pe OA from RR1 Rural: Applica Jay JohnSori,(0277) Residential Q RR�2 -Rural Residential Two; IO Applicant Leisnoi, (028) investigate (bp rezone of Qa unsubdivided portion f1Section �E - ` aTownship g) South . Rangea0W t Seward .F^ w�.�� y , - ' Meridian frormC- Conservation o,RR'2 -Rural Residential Two . 1 49 IF x Middle Bay N ,- 7 0 p J Subject Q Properties 1 I -0 Kodiak Island Borough GIS System N a'e. i '. . w !! E 0 1,200 2,400 4,800 7,200 9,60 I . ¢ =t S This map was prepared from the Kodak 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. Mora information about the mapping data can be obtained by contacting Ole Kodak Island Borough IT Department at (907) 486 -9333. Introduction - Page 3 of 6 Public Hearing Items 7 -E & 7 -F Introduction - Page 4 of 6 Public Hearing Items 7 -E & 7 -F - e1 Kodiak Island Borough Zoning Map W E Community Development Department s -4, .,, "' ,, Req `rezones according o I 97 205 ©3 (�j C- urrent Zoning ,..i r4, Initiatlon� Q� investigate f aQ rezone wife] portion ' ail ktI A3. fu w r(el Rendezvous ADO from RR1= Rural l a a #.11 0 2 1 7 Residential. Cot QD RR Residential Two; . oI,AD Applicant ty ' Johnston (02'7) investigate (('ilip rezone CQENI unsubdivided portion CQ Section Applicant Lelsnoi, Jbs, (02 Township outh . o Ran • e o ag p eii I Range Seward g Meridian, • from C- ®onservation ft RR2 -Rural Residential Two 1A6fi - "aate - . rr, L I . j 0 625 1,250 2,5001 1 r r r I t 1 t I It '"/ Feet N . '' , ..... I ‘1111111 1 411116111 Nal --frj p Subject Properties Zoning Legend Public Use Lands I Rural Residential 1 I Multi Family Residential I Light Industrial �AP Watershed I I Rural Residential 2 C Business I • Rural Neighborhood Commercial I Conservation I Single Family Residential I I Retail Business Urban Neighborhood Commercial I Rural Residential Two Family Residential I I Industrial Natural Use 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 Kodak Island Borough IT Department at (907) 486 -9333. Introduction - Page 5 of 6 Public Hearing Items 7 -E 8 7 -F Introduction - Page 6 of 6 Public Hearing Items 7 -E 8 7 -F • KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 • www.kib.co.kodiak ak. us 72077 Ch look 140 -)' Applicant Information Property Information •` t, t, � ' Property ID Number /s 4- p j Property owner's name ao-7 p 6. ZS cos v5s &DktlQt 2-735 Legal Description Property owners mailing address a 0 a At ` Current Zoning: City tale Zip Applicable Comprehensive Plan: - 'ec„ 3J _ 9S 4/ - 39o#2, Year of Plan adoption: Home phone Work Phone E -mail Addr. Present Use of Property: ,^ Agent's nam (I ,/ pplicable) Agent's mailing address �' { , (f= / / Proposed Use of Property: `, / s City / State Zip � R 2 .= -. 1. _ _ /// — em . u. I 3Ot t eLLO (r Home phone Work Phon E -mail Addr. i!� As _k4Z = • j (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 Narrative/Hi t• - As -built Survey Photographs Maps _ Other / / F' • Property Ow - ' nature a te A riled Agent's Signature Date • • 1 A develop ent plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wettands, and waterways; landscaping and open spaces; walkways; means of ingress and egress: circulation; utility services: structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) • STAFF USE ONLY PAYMENT VERIFICATION Code Section(s) Involved: / 7. 2 ti . t.,:, .:.g C:1:0::::-„ Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.8) $250.00 r ViP .. : :,.-b:, ':r: .. :i:•;;; Other (appearance requests, site plan review, etc.) $150.00 Efe. Ni:. •. :f ;Q. Zoning change from Ate/ to reel (KIBC 17.72.030 and 030.C)* 1 f� r Appl received by: Staff signature oar a I \-- 027 MAY 022011 / q t Koji dsland Boraug� � S -z -11 Application - Pa e FinanceDenartmnni c. S4n5 Public Hearing Items 7 -E & 7 -F Application - Page 2 of 10 r/ T 1 -- • r anifesNV AFFIDAVIT • ,.: I, •.'ar . .b. o..>. ; ;>W y. I. �•, .: U S ,'S U R V E Y �� nit TM man IN Min ninon mo 1 �� 1 .0 •,.. ,:,J' it' off.... >1 TRACT 1 � ��. . rr• slim 1 ton an YIT R.rOl hrgw® .1 a+ ��r rj r '! 1 . r rr' i p � 1 � , N r...- ,a.. i rr it 1 ' f 1 ( + M � T " • • TOTAL ACREAGE 1 1 I r r � � _ mlua.. tl 10.773 ACRES 1 11 �� 1......401P moab,b tl ` +amuninat ie ie ° , '°° . VINCINITY MAP IB Sp. FT. 1 1 1 =' IE2 '°°'°.N ' ° b �^+ / S &FL O 1 1IR io I N� a — / 1 T C T A '�^ .�` m "T' E E 1 __ NOTARY ACNNOWLfOGpfHT _ n u.x fA,KY 1 >x0 as up, m`rao.t"'dey,q 1 11 C ' khit i lir ;VI .00reemmor_n.I ob H OM J-i /� M k0 SDI a I _ w . r. ry 1 or � � btN[ XT •IHI• .0„,„ I Y.l.r4>TS 11 ��•� m_ 1 lr� 1( U Q W ,O ®A O bm an.rl .I•I t' Z h•r rr�M.r -q Kr ] >J i 1/1 �/ • /' R9 ,( �X ¢ Q iv�ICU[ w F . "DD �- 1, •...,. / ® FY nen, non. 11110 —on tir y ursl, b°.n N u M1 i \ \ \ ` ^ 1 .J 1� j /`_ me. re prmep IC"y . r1 E D Wh REi 1 1 ' - L ai / .a r "+Ah 1 / B pn[v� l: m• _ Z ?" 1 M ' Vf R , ^ lruC TAX ff•..rr Mrl i . my �' 1 r ` ^ ' 1 - • :Sr". rN.r 19 1 JJ ®e4OM i °Y�r II�IM / D # 100' # 1 I I R 0 1 I v l b' - kb1 r \ [! • 111170 80. • V l I I rN °IV IMr -, _ _ L_ nalsr w`2• M I \ 2.06 I\ r If 1 y « , ' ;t; `y RA-- _ —xt \ \ a � 5 "` R� I of I i url IIO Ii Ai MR.I.. N O • • 1 . Nr is rnhr n>ri °f� rah trig I� 1 I�I f �.f. I,b.______- 4 QO WO / (.� l nw.L_ a Of WO ND 00lIN R1 1mRR onto pp hi 9 M rIOY„Ib d, • '. M soma d N tORS Inn ' le 1 I tiT )< y \ o4rvebNmDaAOSRA MIN Oe n An b- wmb.tl® aDn 1 / / ! fit d 1 \ \ 6 3 ! ® — e NI Ca WO RtQi N IC MN WM=0901 / / Da EMEND �` ! 1 / • h 1 / / 1 ( ° ,�� \ ola '_�.—_ n al r Yuw111 W - \_ • '"J ;;• . / i FBI / ^ \ P... . , OOrO,.M M `• • acme o " 1 -1 W ,w ' 4 1 \ awr ® Tdwp , •\ \ 4 .. • r�.,rr �� ,DUN IH'sN.x CAP W$ ----°...‘&.., 1 jl Y Tt . .... mEL.. _ it 2 0t C . 4 use a WOWS M1Is .,. 'v.__ /q - ` . - -- t„ 1 . ....... ..- r'" - -C m -MUM I � m- J CEIY CREATING 7 0 � I'iAT �;� D 1. ALL DPrrO tYTWO „ �QC TRACT Q + ro ammo n 11R xl tt M morn . a M SWAM [S o(M PRELIMINARY y 1 ' 1 b0 A rOXT/on or S SUfl y 2739 (R /. IIt, x. �/7 0 0 y xT E MIl or MUS I lIC{AY a D�tl r n IN A M s N M minim F REL IMINARY 1 I --- g1NTION Or PROTRACTED SECTION X0. , ' q 4 • . t'' xT Il . "' - -- ° ` AND A ' I F ' roXNSR/v 29 SOVTR. RANGE IO X[ 3 L f0 All CMb90b9, fOMnR'x (AS(N(Nr COM3WI ... �� M. A[aNr,np., AfSTO�COpl1 AND mallrs a MAY SrrARD YlRIDIAN -S . . M � SURVEY r.OTfARED MA XODIAX • �.!., ~ \` A rrx.Mx Lon nett' 10- x0- x010 - - ISS C , _ ALASKA cif IMY t11P[MMG Mc rp y� + Public Hearing Items 7 -E & 7 -F May 18, 2011 Kodiak Island Borough Community Development Department Planning and Zoning Commission 710 lvliil bay road Kodiak, Alaska 99615 Dear Commissioners, I have written this letter to help support the request for rezone cases #11-027 and #1 1- 028. My wife and 1 purchased the property in the case 11 -027 at 22077 Chiniak Hwy and at the time, developed an easement for legal access from the highway. Shortly after that we began negotiations with Leisnoi Inc to purchase the property as described in case #11- 028 to insure that no one would ever build between us and the highway. It has taken since 1993 for Leisnoi to get clear title to this property so they could sell to us. This commission rejected our previous request to rezone Leisnoi's property to RR1 believing that this would lead to increased density in a "C" Conservation zone. These two rezone requests to RK2 will allow us to make this purchase actually reducing the current density without allowing the possibility for subdivision. Our lot is currently RR1 and 1.14 acres. By allowing these rezones the borough will end up with a larger lot ( 2.56 acres ) closer to "C " zoning size than our existing RR1 lot. Please consider allowing these rezones, as the result will reduce density in the area without changing the characteristics of the use. S / ' / a • Est. Stephanie Love J L MAY 2 0 2011 COMMUNITY DEVELOPMENT DEPARTMENT Application - Page 4 of 10 Public Hearing Items 7 -E & 7 -F Application - Page 5 of 10 Public Hearing Items 7 -E & 7 -F May 02 11 10:06e Clarion Fax 9074863909 t'. • KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 MID Bay Rd., Room 205, KODIAK, AK 99815 -8398 (907) 485-9363 - FAX (907) 486 -9396 • www CO.kodia k,ak. us I Applicant Information I Property Information 1 • yg tS,Jm i 4.10 p .1 -tp. Property ID Number /s Po, 1 d e :S 1 Pro a owner's name N V r t I t s a AT' 24/1 C a Zvi. 3 i ga a i% 9 Met Legal wescription /� Property owner's marling address l - u ) XI; , 994 - CurrentZoning: ( 6A,✓jEk-r/q- stsi _ I City J Stale L Zip Applicable Comprehensive Plan: 460 —4jo(p — 44`f ( 3 Year of Pien adoption: ,� !! /,�- Home phone Wort Phone E -mail Addr. Present Use of Property: V.rJ -, 5,, rr G o L am - � f&rijk— _ _ / . Agent's name ',If applicable) Agent's mailing address Proposes Use of Prnpery, • • City State Zip �C' oV le 7 • 77) 1 I r Gexc s `zziCiA.h/ f -- jb • :! /.►,rte �J s fr Hole phone Work Phone E -mail Addr. - - - (Note: Use additional sheets, If needed, to provide a complete ! . i descripdon of the proposed request) Applicant Certification I l hereby curb& es Me property own edauthortred agent that this application for Planning and Zoning Commission review is • t • rue and comp!etee to the best of my knowledge and that it is submitted in accordance with the requirements of the appffcebla • Kodiak lslaud Borough Code, which includes a detailed site plan' for variance and conditional use requests and which may Include optional supporting documentation as indicated below, • dditional Narrat re/Nistory X .4s -built Survey : — Photographs .•..ps Other Ii • Properly Owner's Signature / Cate Au �etl - "r f Ag 3n• re Date • I 1 A deveioprrent piin for one or more lots on which is shown the existing and proposed conditions of the lo ;, ncludirg topcgrap5y, vegetation, drainage, ;teed plains, wetlands. end wa landscaping and open saces; walkways; means of ingress and eyess: I circulation: rri,ity serikas; smctures and buildings; signs and Ighting; berms, buffers, ant screening devices; surround ng deeeioproenh and any other info that reasonably may be required in order that an informed decision can be made by the approv ;.ng authority. i rce: The New laustrated Book of Development De'nid 1 ons. @993 by Rutgers University) • • STAFF USE ONLY • • PAYMENT VERIFICATION • I Code Section {sl lrr olved- /7 Z O 5 • Variance (KIBC 17.66.020) 5250.00 _ Conditional Use Permit (KIBC 17.67.020,8) 3250.00 Other (appearance requAsts, site pl�n�ayiew, etc.) $150.00 ✓ Zoning change from Cam to //�N Z- (KIBC 17.72.030 and 03C.C) � � Q APpiicali v by: - . I Staff signature • I I "0295 PA/ lit .c. /r i i ; , e 2 e s M A Y 02 2011 5 - / - I I Kodiak Island Borough . c S 6 j Finance Department Application - Page 6 of 10 Public Hearing Items 7 -E & 7 -F Application - Page 7 of 10 fir.,•..: • Ft•y; :., it A' I 'lit_ ,;4_,. i OWNERSHIP AFFlMNi I m ssoomMf am wt tYm lmW m rmClVJf. an Wm ;. S. ,S U R V E Y 3 � 1 a_..m fat .l,mom 1 ,.)... , • , ; TRACT r rmr,gs. I I mar ®..; u at Mars Y ms m..• ec .w - ant Y y � (y � - d...' ; ;;?,:r r �, Naas wm Al Is .. I Ar4' MI ^r ; .{ A '!�• f I '. iM.f.' .w. nrl..- 1.M • • I r nM { I - 1 ••� b ® era IOVI ®lem t T'�' a]. > tt TOTAL ACREAGE r, JO lack m eat Cane Ira V Pat Ymw m Rat S tl ARM 4101 l I �... =Z]i I a, y 10.!73 ACRES / IFg : roan ler•v wm ®+am VINCINITY MAP iBB,P38.8 Sp, ET. 1 r Ea G7 ° O ,a& �' .f \ I g I i 1 TRACT Aj' ~" .. g ' n � `.. n m ^ a_ NoiNOTARY ACKNOWLEDGMENT ACKNOWLEDGMENT r/ y w� � i 6 ml ma a• W •r —En 5. [] I N 1 SURVEY ° • V 2735 CoAa, wJwr° afoot, I 1 C 1 `k Q f d d� I:d f ` 4 y b I MO 3 C/O ' r I I/ — q 4 Pi 1 f-- o w taw r e•ia.r J. f . a �� "m10 l ,.arY'I .aµJ 1O 1 _ � Of Y • t r e f$ I Z .P..I Y V av l 7W7. t r Q Q wYpyimYW ors CO 1 / o �� gr.: l ai 4 _ 06 � 1 1,1 // (� Q I �. 'r E ' 3 W _w • °. la ` • -•-• 1 1 1 ! 1 1 ` ati x ,� ,EC„, Im Y10 ®0 O My'r 1 y � LIMN. Anto 1� %/r'•.° 1 1 — n /, I� i'' ni r ^ Iw • sou]I. irw TM CENNFlCAiEI Y f. N C r 1 1 ur. Pt U.Y SLRK v ta i 1 , r .- a _ ]]bb Haw Ma/a mat a m ®. m Ca•A• rr, m B y �I 1 I � 1 yj • .• p l ¢i: 1 1 � em s ea • aar � I f r Y� .,,tr L .._ I.� r• o a I I Y 7MrT© g . -. a xi t w RbI I ° f1 U sa V Il p cst Wm fan atm iv CO I • • I \ \ c < c S C �,.I i ij�l N r , Jrrcn PIAI MPAOVQJ N ANA \ 6 nY, on I I Q' N i^ P -' ......4 a �II.OW I I I Oaf 1 1 - Z usi \ N. \ . Malef wf., --� 1 1� P? • a••••-----_. m wee fry mlil Matta wm ®Ifmfm Ma L 1 //; :hi i 6 •.!m`_m. s M Real M lC� . m mw •6R /mC wA Mm ale Can • m•fm mm. lm / / 1 / / �IS� - RE Ma wm •T(.rl Mai OPUS / / c� •r v LEVEED / "IllisiThisaw... \ can •CYrm moll A4Am__ , '] mm o m Y KIIIm1AI Cr J ' % \ n ran amen 1 • • are Pala Waft - Ao w �� .`� \ o rawt 1 -1/E Mama w '41111•1107' . $ • c . r.Iwle als a N . m a: • /4' Muff CAP 1' V V p Q . � t I / ' es i _�_ 5 mar COIICw srtua Yrfbr . 0471717 u. "^r- f7 ^1 , 1 'j �' —.-.� 2 A 3 N IY �.rr m - ! �� D � -� C - m p . ' f asArrEO s �r � Norco: � � _ fv r II • I. ALL RPM y} Y-1 �/� }1.T ®if.�� V i I' • - 1 11 tl A PORTIO or U.S. SURVZV flSS or. rm. PC. •Dr) O °� Ir I All RPM U {r Rf]a YA 0 flY A M WS] B[ m SrJlim PREJL I MI NARY LR H ' ^v al c•Mnf mfrsµ TCINSRIP slum. RANCE t o / (• C S / ; a 3 T 7172 Bt A sum O ALASKA ltERSro (St4lt.. f. SIKECT io ALL CP01101S SUMREE'S EASIMCNR., COVENANTS RSSCAVANOM. IIISRLCIIONS ANC 40475 M MAY Cr Econ. — CO EODUE COR✓ Pi MIND MA IL$R.0 :Y1d ` P1 IY 0„,, .wJ SI f „Hm. Lan one- 10-70 - 2610 I So Et 1•- 50' !Ma R: NJfD H IMMO(( bast. 0114/ Oven .IS r. 6Mr Slicer IMC 047 P.O. AM sa 6•I 6wc ANTE !fu e, +.car Public Hearing Items 7 -E & 7 -F May 18, 2011 Kodiak Island Borough Community Development Department Planning and Zoning Commission 710 Mill bay road Kodiak, Alaska 99615 Dear Commissioners, I have written this letter to help support the request for rezone cases #11 -027 and #11- 028. My wife and 1 purchased the property in the case 11 -027 at 22077 Chiniak Hwy and at the time, developed an easement for legal access from the highway. Shortly after that \.ve began negotiations with Leisnoi Inc to purchase the property as described in case #11- 028 to insure that no one would ever build between us and the highway. It has taken since 1993 for Leisnoi to get clear title to this property so they could sell to us. This commission rejected our previous request to rezone Leisnoi's property to RR1 believing that this would lead to increased density in a "C" Conservation zone. These two rezone requests to RR2 will allow as to make this purchase actually reducing the current density without allowing the possibility for subdivision. Our lot is currently RR1 and 1.14 acres. By allowing these rezones the borough will end up with a larger lot ( 2,56 acres ) closer to "C " zoning size than our existing RR 1 lot. Please consider allowing these rezones, as the result will reduce density in the area without changing the characteristics of the use. Sinc a . 1st. Stephanie Love C✓ _ 1, MAY 2 0 2011 COMMUNITY DEVELOPMENT DEPARTMENT Application - Page 9 of 10 Public Hearing Items 7 -E & 7 -F Application - Page 10 of 10 Public Hearing Items 7 -E & 7 -F Request a rezone, according to KIBC 17.205.030 (C) (Manner Current Location of Initiation), to investigate the rezone of a portion of U.S. 22077 Chiniak Hwy Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of P & Z Case 11 -027 land 1.14 acres in area. This parcel, if rezoned, will be Jay Johnston combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. :" \,..%%,........ ,_._"z, p pm" . it / . ii . a .. 1 _ Gb Kodiak Island Borough GIS Legend N ifitk Feel Subject Parcel W N —..- L, E • """" . 0 650 1,300 2,600 ® Notification Area .' S 1 t t 1 I 1 1 1 1 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 Kodak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodak Island Borough IT Department al (P07)486-9333. Public Comment - Page 1 of 8 Public Hearing Items 7 -E & 7 -F KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 May 5, 2011 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 15, 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 -027 APPLICANT: Jay Johnston REQUEST: A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. LOCATION: 22077 Chiniak Hwy, Middle Bay ZONING: RR1 -Rural Residential One 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, May 31, 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 ssmithkodiakak.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, June 8, 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: Public Comment - Page 2 of 8 Public Hearing Items 7 -E & 7 -F TODD HINER MARILYN L GUILMET LIVING JAY JOHNSTON P.O. BOX 671 TRUST PO BOX 2503 KODIAK, AK 99615 P 0 13OX 625 KODIAK, AK 99615 KODIAK, AK 99615 NATHANIEL WALES ETAL LEISNOI, INC P 0 BOX 1786 2713 N. 63RD ST KODIAK, AK 99615 MESA, AZ 85215 Public Comment - Page 3 of 8 Public Hearing Items 7 -E 8 7 -F Public Comment - Page 4 of 8 Public Hearing Items 7 -E & 7 -F Current Location Request rezone, according to KIBC 17.205.030 (C) (Manner Portion of Section 28 of Initiation), to investigate the rezone of an unsubdivided T29S R20W Seward portion of Section 28, Township 29 South and Range 20 West, Seward Meridian,from C- Conservation to RR2 -Rural Meridian Residential Two, for a parcel of land 1.42 acres in area. P & Z Case 11 -028 This parcel if rezoned will be combined with an adjacent lot to Leisnoi create a 2.56 acre RR2 — Rural Residential Two zoned lot. • • • p ig L rTh . Subject Parcel • CID Kodiak Island Borough GIS ,c4 Le w 6 Q Feet o soo 000 z,000 ® Notification Area i r t r 1 t t r 1 S This map was prepared from the Kodak 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. Public Comment - Page 5 of 8 Public Hearing Items 7 -E 8 7 -F KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 May 6, 2011 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 15, 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 - 028 APPLICANT: Leisnoi, Inc. AGENT: Carole Pagano REQUEST: A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C-Conservation RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 — Rural Residential Two zoned lot. LOCATION: Portion of Section 28, T29S R20W, Seward Meridian 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 on Tuesday, May 31, 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(a)kodiakak.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, June 8, 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: Public Comment - Page 6 of 8 Public Hearing Items 7 -E & 7 -F MARILYN L. GUILMET LIVING TODD HINER WILLIAM WREN TRUST P.O. 130X 671 P 0 BOX 8284 P 0 BOX 625 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PAUL PENA JAMES GRAHAM NATHANIEL WALES ETAL PO BOX 1966 P 0 BOX 3147 P 0 BOX 1786 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LEISNOI, INC 2713 N. 63RD ST. MESA, AZ 85215 Public Comment - Page 7 of 8 Public Hearing Items 7 -E & 7 -F Public Comment - Page 8 of 8 Public Hearing Items 7 -E & 7 -F MEMORANDUM Date: May 25, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the June 15, 2011 Regular Meeting Cases: 11 -027 & 11 -028 Applicant: Jay Johnston, Case 11 -027 Leisnoi, Inc., Case 11 -028 Agent: Carol Pagano, Sec./Treas. — Leisnoi, Inc. Request: (Case 11 -027) A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot; and, (Case 11 -028) A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation to RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 — Rural Residential Two zoned lot. Location: 22077 Chiniak Hwy, Middle Bay (Case 11 -027); A Portion of Section 28, T29S R20W, SM (Case 11 -028) Legal Description: A portion of U.S. Survey 2735 (Case 11 -027); A Portion of Section 28, T29S R20W, Seward Meridian (Case 11 -028) Zoning: RR1 -Rural Residential One (Case 11 -027); C- Conservation Zoning District (Case 11 -028). Five (5) public hearing notices related to Case 11 -027 were mailed on May 5, 2011. Seven (7) public hearing notices related to Case 11 -028 were mailed on May 6, 2011 Date of site visit: No Site Visit Conducted — Borough GIS Consulted Zoning History: These parcels were zoned C- Conservation in 1977 as part of KIB Ord. No. 77 -15 -0. The Portion of U.S. Survey 2735 was then rezoned from C- Conservation to B- Business in 1983 (Case 83 -134). This same parcel was then subsequently rezoned from B- Business to RR1 -Rural Residential One in 1993 (Case 93 -031). Staff Report - Page 1 of 8 Public Hearing Items 7 -E & 7 -F Lot Size: Parcel 1, Case 11 -027 1.14 acres Parcel 2, Case 11 -028 1.42 acres Existing Land Use: Parcel 1- Single- family Residential Parcel 2 - Vacant Surrounding Land Use and Zoning: North: Tract C -1, U.S. Survey 2735 Use: Single- family Residential Zoning: C- Conservation South: Unsurveyed portion of T29S, R2OW, Seward Meridian Use: Chiniak HighwayNacant Land Zoning: C- Conservation East: Portion of Lot 1, Section 28, T29S, R2OW, Seward Meridian Use: Vacant Zoning: C- Conservation West: Portion of Tract C -1, U.S. Survey 2735 Use: Single- family Residential Zoning: C- Conservation Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan identifies this area as Conservation land. 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. Staff Report - Page 2 of 8 Public Hearing Items 7 -E & 7 -F 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 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. 17.205.020 REPORT FROM PLANNING AND ZONING COMMISSION. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. Coastal Management Applicable Policies 4.4 Enforceable Policies Staff has not identified any enforceable policies of the adopted coastal management plan that would be applicable or relevant to this request. COMMENTS The owner of Parcel 2 in this case (Leisnoi, Inc.) is willing to sell a 1.4 acre portion of C- Conservation zoned land located adjoining Parcel 1, a Portion of U.S. Survey 2735. Parcel 1 is currently 1.14 acres in size and is historically referred to as the "Old Rendezvous" site. Since 1993 the Old Rendezvous site has been zoned RR1 -Rural Residential One and has been redeveloped for single - family residential purposes. The owner of the Old Rendezvous site (Parcel 1) wishes to acquire from the owner of Parcel 2 a 1.4 acre parcel located between their lot and the Chiniak Highway in order to have a larger site that includes Chiniak Highway frontage rather than an access easement to the road. The owner of Parcel 1 has submitted an abbreviated plat and obtained preliminary approval to acquire and consolidate Parcel 2 with Parcel 1, however the preliminary plat approval (Case S11 -003) requires a condition of approval that both parcels be combined into one zoning classification. It is best if the resulting parcel can be remain in a conforming zoning district and split -lot- zoning can be avoided as a result of this planning action. Hence the need for this rezone request. Staff Report - Page 3 of 8 Public Hearing Items 7 -E & 7 -F A similar case (Case 11 -017) was previously submitted requesting to rezone what staff is referring to as "Parcel 2" in this report. This case was denied a rezone from C- Conservation to RR1 -Rural Residential One by the Planning & Zoning Commission at the February 16, 2011 regular meeting. The petitioners have now submitted two new cases requesting the rezone of two adjoining parcels in the RR1 -Rural Residential One and C- Conservation zoning districts to a common zoning of RR2 -Rural Residential Two. The petitioner's goal remains the same however, which is to join the two parcels together as a single parcel as indicated in the abbreviated plat for subdivision Case 311 -003. A condition of approval from that subdivision review requires the petitioner to reconcile the two disparate zoning districts into one common zone before the plat can be granted final approval. In Case 11 -017, staff had recommended RR2 zoning as the best compromise to apply in this situation. This recommendation was made because the end result of the consolidation would not be a five (5) acre lot that would conform to the C- Conservation zoning district, but it would get the property closer to the five (5) acre lot standard in the surrounding area. In addition, the application of RR1 -Rural Residential One zoning as requested in that original case could have allowed for re- subdivision to occur in this area, which could be viewed as incompatible with the Conservation designation applied to this area by the 2008 Comprehensive Plan Update. The RR2 zoning district has a list of permitted uses very similar to the existing RR1- Rural Residential One zoning district that now applies Parcel 1. RR2 zoning would be more appropriate to the combined lot resulting from the consolidation of parcels 1 & 2 because it has a two (2) acre lot minimum size and it would not permit further subdivision of the resulting lot. As indicated in the report for Case 11 -017, staff will continue to recommend the RR2 zoning district as the best zoning recommendation for this case. Although the rezone requests for Parcel 1 and Parcel 2 were made in two separate applications, staff will be addressing both cases together in one staff report. In addition, staff will provide two separate motions, one for each case, however it will be up to the commission whether they want to hold two separate hearings or one combined public hearing for both parcels. So long as the commission gives each case appropriate consideration it is a matter of discretion how the commission wishes to deal with these cases procedurally. Staff sees these cases as being inextricably linked together and will suggest an effective clause that will ensure they remain linked both from the zoning perspective and the subdivision perspective. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Comprehensive Plan Staff typically recommends, and KIBC 17.10.020 requires, that the commission give due deference to the recommended land uses described in the most recent comprehensive plan update. In this case however, staff sees in the 2008 Kodiak Island Borough Comprehensive Plan Update that there is a recommendation for residential (Conservation) land use in this general area which cannot easily be applied to the subject parcel. This is because the combined lot approved in platting case S11 -003 will Staff Report - Page 4 of 8 Public Hearing Items 7 -E & 7 -F only total about 2.4 acres, which is substantially less than the five (5) acres minimum lot size required in the C- Conservation zoning district. That said, the Old Rendezvous site has long been considered a unique case given the history of the site as an eating and drinking establishment. This history goes back to a time before zoning rules and regulations applied in this area. In 1983 the site was zoned B- Business in recognition of the Old Rendezvous commercial use of the site. When the Old Rendezvous burned down the site was purchased and converted to a residential use. Because single - family residential use is not by itself a permitted use in the B- Business zone, the approximately one (1) acre site was rezoned to RR1 -Rural Residential in order to make it a conforming use on the lot. While it may not be possible to continue the C- Conservation zoning for Parcel 2 after it is combined with Parcel 1, it is possible to make a compromise by balancing the constraints of surrounding property boundaries and road right -of -way with the Conservation designation in the adopted plan. Staff believes that the RR2 -Rural Residential Two zoning district would more closely conform to the intent of the Residential /Conservation designation under these circumstances. The list of uses permitted for both RR1 and RR2 are quite similar except that the RR2 zone has a minimum lot size requirement of two (2) acres. A rezone to RR2 would ensure that the density of the area is maintained at a level closer to one (1) dwelling unit per five (5) acres by restricting the proposed new lot from ever being re- subdivided. For this reason staff recommends the RR2 zoning be applied to Parcels 1 & 2 in this case. This zoning district would ensure that the resulting site continues to be appropriate for one (1) dwelling unit on 2.5 acres which is closer to the residential density required in the C- Conservation zone. ZONING /USE: The general area is zoned C- Conservation. Most of the surrounding lots are larger than the minimum five (5) acres required in the C- Conservation zoning district although there are several more recent lots that are just five (5) acres in size. The exceptions are the RR1 zoned parcel for the Old Rendezvous site and an un- platted parcel along the highway (zoned C- Conservation) that is only 3.02 acres in area. An alternative might be to rezone the proposed subdivision lots to C- Conservation. This would require a variance instead of a rezone and would be difficult to meet the variance standards because this is about a use change not a dimensional or density adjustment. In addition to allowing Conservation uses on a lot only half the minimum size required in the C- Conservation district, it would also hamstring the lot with a nonconforming status under KIBC 17.140 (Existing Nonconforming Uses and Structures). Increasing the size of existing developed lot moves towards conformity with the plan description, however, and should be encouraged. At least one property owner has contacted staff to express concerns about the potential for fireworks stand use in the RR2 zone which is allowed as a conditional use. Staff would note that the use is already permitted as a conditional use in the existing RR1 zoning district which applies to Parcel 1. Nevertheless, staff can see where this use could encourage the proliferation of fireworks in the surrounding area even though Staff Report - Page 5 of 8 Public Hearing Items 7 -E & 7 -F typically they are not allowed to be fired in close proximity to the fireworks stand itself. This concern is particularly aimed at the apparent conflict between fireworks use and the negative impact the use has had on agricultural livestock being raised and grazed in the surrounding agricultural lands. Because the RR1 and RR2 zones are so similar, it's not like a new use is being introduced in the area. At the bottom line the petitioner really just wants to increase the size of their residential site and have some ownership of frontage along the Chiniak Highway. Given that fireworks stands are a conditional use, there would not be a fireworks stand at this location without substantial public hearing review before the Planning & Zoning Commission. In this regard, the commission could deny such a use if it was seen to be disruptive to the surrounding area and would cause real harm to agricultural users such that no conditions of approval could reasonably bring the use into conformity with the character of the surrounding area. In the alternative, because there is also a plat still awaiting final approval, a covenant by plat note could be placed on the new plat that would prohibit fireworks stand use on the resulting parcel. This action would require the petitioner to voluntarily make this change however, by adding a note to the plat. It is not something that staff would consider that the petitioner should be compelled to do. Staff also notes a distinction between the Conditional Use Permit of allowing fireworks stand in the RR2 zoning district and the relatively unrestricted use of the fireworks for entertainment and celebratory purposes within the Kodiak Island Borough. Historically, it has been the right of people to shoot off fireworks in the borough at any time of the year. The borough assembly however, has recently enacted new regulations that would substantially limit the times of the year when fireworks can be used by consumers. Whether the assembly has adequately addressed these concerns remains to be seen but it is clear that this action was not related to zoning but was more of health, safety and welfare issue in the community. In this regard, inhibiting a fireworks stand location on these Middle Bay parcels where there has never been a fireworks stand may not address the concerns that were expressed to staff, but then neither would the denial of this rezone request. LAND SUITABILITY: Parcels 1 and 2 are suitable for all land uses permitted in the RR2 zoning district. RECENT DEVELOPMENT TRENDS IN THE AREA: Parcel 1 was originally developed for business purposes and in 1993 it was rezoned from B- Business to RR1 -Rural Residential One and redeveloped for residential purposes. The surrounding area has been developed for a number of land uses over the years. Tract A, U.S. Survey 2735 has been used as a fish processing plant in the past. Tract B and adjoining parcels are used for agriculture and residential. Several lots have been created over the years that are 5 acres in area and developed primarily for residential purposes. Since the Leisnoi Native Corporation is now able to sell land after settling its legal issues, several property owners in the area have acquired the land between their U.S. Survey 2735 holdings and the nearby Chiniak Highway right -of -way. Staff Report - Page 6 of 8 Public Hearing Items 7 -E & 7 -F TRAFFIC IMPACTS: No major traffic impact is expected to occur from this rezone action, regardless of which zone is ultimately determined to be most appropriate in this situation. The Chiniak Highway is a state road with adequate improvements and maintenance support to sustain a substantial increase in traffic. Such an increase is not projected to occur from this request. RECOMMENDATION Staff recommends that the Commission forward these requests to rezone Parcel 1 and Parcel 2 to the borough assembly with a recommendation for approval of both rezones. An effective clause is also recommended that would make the zoning become effective upon the filing of a final plat for Case S11 -003 which would help to ensure that the replat goes to completion and that the mapping of the new zoning boundaries will coincide with the creation of those same boundaries by plat. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motion Parcel #1 Move to recommend a rezone from RR1 -Rural Residential One to RR2- Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. Staff recommends that the preceding motion be APPROVED. Motion Parcel #2 Move to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R2OW, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735 formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case 511- 003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. Staff recommends that the preceding motion be APPROVED. Staff Report - Page 7 of 8 Public Hearing Items 7 -E & 7 -F Effective Clause for Cases 11 -027 and 11 -028: The rezones approved for Case 11 -027 and 11 -028 shall not become effective until the filing of a final plat as approved with conditions in Subdivision Case 311 -003. Findings of Fact for Cases 11 -027 and 11 -028: A. Findings as to need and justification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The proposed replat in Case 311 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. Staff Report - Page 8 of 8 Old Business Item 8 A &B P &Z Meeting July 20, 2011 Old Business Item VII B P & Z January 20, 2010 * * * * ** EXAMPLE OF PAST SIMILAR ACTION * * * * ** RECONSIDERATION ION MEMORANDUM DATE: January 8, 2010 TO: Planning and Zoning Commission FROM: Bud Cassidy, Community Development Department SUBJECT: information for the January 20, 2010 Regular Meeting CASE: 10 -007 — Reconsideration of previous Commission decision to deny a rezone request) APPLICANT: Kodiak Island Borough Planning & Zoning Commission. REQUEST: Reconsideration of the Commission's vote to recommend denial on an investigation, according to KIBC 17.205, of a rezone from RR1- Rural Residential One to B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. LOCATION: 4210 Otmeloi Way ZONING: RR -1 Rural Residential Zoning District. Authority: This request for reconsideration is brought forth under the auspices of the adopted Bylaws of the Kodiak Island Borough Planning & Zoning Commission. Article IX section B of the Bylaws of the Commission provides: "In all manners of procedure not covered by rules adopted by the Commission, Robert's Rules of Order, Newly Revised (10 Edition) by Henry M. Robert, shall be applicable and shall govern." Robert's Rules of Order Chapter IX section 37 discusses Reconsiderations. Procedure: The action required for reconsideration of a previous decision is for a member of the prevailing side of the original vote and another member to file a "Reconsideration Affidavit" with the Borough Clerk's Office before 5:00 P.M. the day after the action was taken. This effort was made by Commissioner Ryser (who sat on the prevailing side of the vote) and Commissioner King (See Affidavit). Cases 11 -027 & 11 -028 Appendix Page 1 of 3 Case 10- 007 /Reconsideration SR Page 1 of 2 P & Z: January 20,2010 Old Business Item 8 A &B P &Z Meeting July 20, 2011 Old Business Item VII B P & Z January 20, 2010 As a result, the action the Commission will consider at your January 20 meeting is to first vote on the issue of reconsideration. That happens with the commission approving the following motion: RECOMMENDED MOTION Move to reconsider the action taken on Case No. 10 - 007 Discussion should focus on the reasons for filing the reconsideration. As the filer for the reconsideration, Member Ryser should speak first stating reasons that the membership should reconsider their previous vote.. ROLL CALL VOTE ON THE MOTION TO RECONSIDER If the motion to reconsider fails, the original action taken at the last meeting stands. The findings of fact that were adopted at the previous meeting are valid. That completes any commission's action in this case. If the motion to reconsider passes, the motion: "Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of lot 4, Block 5, Miller Point Subdivision from RR1 -Rural Residential One to B- Business is automatically before the Commission as if the original vote had not taken place. Debate on the motion occurs and a roll call vote on the motion is taken. Should the motion to rezone the parcel in question pass, findings of fact supporting the commission decision should be developed. Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. Cases 11 -027 & 11 -028 Appendix Page 2 of 3 Case 10- 007 /Reconsideration SR Page 2 of 2 P & Z: January 20,2010 Old Business Item 8 A &B P &ZWeTetiFtg July 20, 2011 Case 10 -007 RECONSIDERATION AFFIDAVIT Wandersee I, , Crt j2yser , Planning and Zoning Commissioner, having voted on the prevailing side, fife my intent to reconsider the vote taken at the Planning and Zoning Commission Regular Meeting of December 15, 2009 on Case No. 10 -007, an investigation, according to KIBC 17.205, of a rezone from RR1 -Rural Residential One jg B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. c - - Gla t Signature SUBSCR : r /tom[$ 4 � 17 • to before me this 17 of Decembe 2009. \ I P li 1 O to ; _ ') Notary Public In and For Atlas � - 0 ) ' =4 = My Commission Expires: V 9 I, 'q • ti i n I ,Planning and Zoning Commissioner, having voted on the prevailin• -l+ my intent o reconsider the vote taken at the Planning and Zoning Commission Regular Meeting o December 15, 2009 on Case No. 10 -007, an investigation, according to KIBC 17.205, of a rezone kw RR1 -Rural Residential One Lg B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. C 6 .t/S) e . 24j, Signature SUBSCRIBED AND t oo efore me this � / 1 , 7 th of December, 2009. g• / /i �'/ Nota is In and F. Alaska el •. Pt J My Commission Expi,es:ob." 02 .1 ° ;Steer A FILED with the Kodiak Island Borough Clerk's office this 17 day of December 2009. Nova . avier Borough Clerk Cases 11 -027 & 11 -028 Appendix Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 13.C.2 TITLE: Ordinance No. FY2012 -07 Rezoning an Unsubdivided Portion of Section 28, Township 29S Range 20 West Seward Meridian From C- Conservation To RR2 Rural Residential Two Acres (Leisnoi, Inc.). SUMMARY: The Planning and Zoning Commission at its July 20, 2011, meeting held an advertised public meeting on Case 11 -028, and is recommending that this unsubdivided parcel be rezoned from C- Conservation to RR2 — Rural Residential Two Acres. This parcel, if this rezone request is approved, will be enlarged by combining it with an adjacent parcel known as the "Old Rendezvous Site" which is also being considered by the Assembly for rezoning. A single larger parcel (2.56 acres in size) will be created. This larger parcel will extend to the Chiniak Highway. This combination of two parcels into one larger parcel still remains short of the minimum 5 -acre area requirement under the comprehensive plan for this neighborhood. The Commission's decision recognizes that by enlarging the parcel, it comes closer to meeting the area requirements and conforming with the comprehensive plan than if it is not joined. The Commission also recognizes that this rezone action, as well as combining the two lots into one lot, will not increase the residential density that currently exists for the area. APPROVAL FOR AGENDA: Aar • RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -07 in first reading to advance to public hearing at the next regular meeting of the Assembly. Introduced by: Borough Manager 1 Requested by: P &Z Commission 2 Drafted by: CDD Director 3 Introduced: 09/01/2011 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2012 -07 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 10 A PORTION OF SECTION 28, TOWNSHIP 28 SOUTH, RANGE 29 WEST, SEWARD 11 MERIDIAN FROM C- CONSERVATION TO RR2- RURAL RESIDENTIAL TWO 12 13 WHEREAS, this unsubdivided portion Section 28, T28S R29W Seward Meridian is a strip 14 of land that sits between the Old Rendezvous site (portion of US Survey 2735) and the 15 Chiniak Highway; and 16 17 WHEREAS, the owners of the former Rendezvous site negotiated the purchase of this 18 additional land and are seeking to increase the acreage of their existing lot from 1.14 acres 19 to 2.56 acres and create a parcel that has frontage on to the Chiniak Highway; and 20 21 WHEREAS, this subdivision has been approved subject to both properties having the 22 same zoning district designation 23 24 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified 25 this area of Middle Bay for C- Conservation — 5 acre minimum parcels; and 26 27 WHEREAS, the commission's decision held that though the joining of these two pieces of 28 land falls short of the required minimum lot size in the Conservation zone, the density of the 29 area will not be increased by this action and there is public interest in the owner gaining 30 direct access to the Chiniak Highway; and 31 32 WHEREAS, the commission held a properly noticed public hearing on this request and is 33 recommending that the Assembly approve the rezone of the unsubdivided parcel identified 34 above From C- Conservation To RR2 — Rural Residential Two acres with an effective clause 35 that states this action will not become effective until a final plat joining these two parcels 36 (Case S11 -003) is filed and recorded. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 39 BOROUGH THAT: 40 41 Section 1: This ordinance is not of a general and permanent nature and shall not 42 become a part of the Kodiak Island Borough Code of Ordinances; 43 44 Section 2: A portion of Section 28, Township 28 South, Range 29 West, Seward 45 Meridian is rezoned from C- Conservation to RR2 — Rural Residential Two. 46 47 Section 3: This approval will not become effective until a final plat joining the properties 48 (Case 511 -003) is filed and recorded. 49 Kodiak Island Borough, Alaska Ordinance No. FY2012 -07 Page 1 of 2 50 Section 4: The findings of the Kodiak Island Borough Planning and Zoning Commission 51 are hereby confirmed as follows: 52 53 17.72.020 A. Findings as to the Need and Justification for a Change or 54 Amendment. 55 The rezones are needed to consolidate the zoning of two parcels that are proposed 56 to be consolidated by an approved preliminary plat. With the borough's GIS based 57 zoning system it is difficult to map multiple zones on a single lot where there are no 58 property boundaries to associate with the zoning boundaries. It is also bad policy to 59 allow individual lots with multiple zoning districts. The acquisition of C- Conservation 60 zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 61 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the 62 character of the surrounding area. The resulting parcel will more than double in size 63 to 2.56 acres with minimal change to the zoning and the lot will then have frontage 64 on the Chiniak Highway. 65 66 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 67 the Objectives of the Comprehensive Plan. 68 The proposed replat in Case S11 -003 serves as the catalyst for these rezones which 69 will move the two parcels towards conformity with the overall character of the 70 surrounding area. The application of RR2 -Rural Residential Two zoning would not 71 allow future subdivision of the resulting lot and the list of permitted uses in the RR1 72 and RR2 zones are very similar. The petitioner has little chance of acquiring 73 additional acreage to create a five (5) acre site that would conform to the C- 74 Conservation zoning district. The RR2 zone therefore provides the best balance 75 between the character of the surrounding area and conformity with the 76 comprehensive plan designation for Conservation use. 77 78 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 79 THIS DAY OF 2011 80 81 82 KODIAK ISLAND BOROUGH 83 84 85 86 Jerome M. Selby, Borough Mayor 87 88 ATTEST: 89 90 91 92 Nova M. Javier, MMC, Borough Clerk. 93 Kodiak Island Borough, Alaska Ordinance No. FY2012 -07 Page 2 of 2 would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent watkins, Bill Kersch, Alan Schmitt, and Rick Vahl. The noe was Casey Janz. B) Case 11 -028. Request Reconsideration of the vote for Case 11 -028 requesting a rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation to RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 - Rural Residential Two zoned lot. (Requested Commissioner Watkins and Commissioner Schmitt). COMMISSIONER SCHMITT MOVED to reconsider the vote on the main motion made in Case 11 -028 made at the June 15, 2011 regular meeting. I voted against this motion. CHAIR TORRES read the original motion into the record. Discussion ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent Watkins, Bill Kersch, Alan Schmitt, and Rick Vahl The noe was Casey Janz. When asked if anyone wished to change their vote, Bill Kersch changed his vote from noe to aye. COMMISSIONER SCHMITT MOVED to recommend a rezone from C- Conservation tQ RR2 -Rural Residential Two for a portion of Section 28, T295, R2OW, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. Brief discussion. In response to CHAIR TORRES' inquiry about the rezone can't be finalized until the plat is recorded, Dvorak stated that's correct, the Old Rendezvous is only 1 acre and for the same reasons we don't recommend allowing a Conservation lot less than 5 acres to be created, we can't allow a 1 acre lot to be RR2 for the same sort of rationale. We recognize the way these cases are linked and the only reason we're addressing this is the proposal to join them together. They are coming from 2 different zoning districts and the approval of the preliminary plat did not specify a particular zone, it just said it had to be 1 zone. They will have 24 months to meet the conditions of approval or it becomes null and void. It would be possible with commission discretion to grant extensions of preliminary plat approval when unexpected circumstances like lawsuits or other reviews outside the developer's control by State or Federal agencies and those kinds of things are required and for whatever reason they don't come to fruition in the 24 month timeframe. In most cases, an extension of preliminary plat approval is a formality unless something significant has changed in the area or perhaps the code has changed. In response to COMMISSIONER SCHMITT'S inquiry of when the applicants present the final plat, Leisnoi will have to sign off on the plat or it will not go through, right, Dvorak said yes, Leisnoi and Johnston both will have to sign. 7/20/2011 P &Z Minutes Page 16 of 18 EFFECTIVE CLAUSE The rezones approved for Case 11 -027 and 11 -028 shall not become effective until the filing of a final plat as approved with conditions in Subdivision Case S11 -003. FINDINGS OF FACT C. Findings as to need and justification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. D. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The proposed replat in Case S11 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were Alan Torres, Brent Watkins, Bill Kersch, Alan Schmitt, and Rick Vold. The noe was CaseyJanz. NEW BUSINESS COMMUNICATIONS A) Letter of Courtesy & Advisory re: unpermitted construction B) Appeal to the Assembly re: Case 511 -014 C) Letter of Courtesy & Advisory re: a junkyard in the R2 zoning district D) Letter of Courtesy & Advisory re: a fence encroaching on State Right -Of -Way E) Letter of Courtesy & Advisory re: fence encroachment on State Right -Of -Way and delivery of firewood and cutting of firewood on borough property STAFF REPORT Recommended motion: Move to accept communications as presented. VOICE VOTE ON MOTION 11. REPORTS A) Meeting Schedule: • August 10, 2011 work session at 6:30pm in the KIB Conference Room. • August 17, 2011 regular meeting at 6:30pm in the Assembly Chambers. 7/20/2011 P &Z Minutes Page 17 of 18 Old Business Item 8 A &B P &Z July 20, 2011 RECONSIDERATION M E M O R A N D U M Date: July 6, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the July 20, 2011 Regular Meeting Cases: 11 -027 & 11 -028 Applicant: Jay Johnston, Case 11 -027 Leisnoi, Inc., Case 11 -028 Agent: Carol Pagano, Sec./Treas. — Leisnoi, Inc. Request: (Case 11 -027) A Reconsideration of a failed motion to rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot; and, (Case 11 -028) A reconsideration of a failed motion to rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation to RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 — Rural Residential Two zoned lot. Location: 22077 Chiniak Hwy, Middle Bay (Case 11 -027); A Portion of Section 28, T29S R2OW, SM (Case 11 -028) Legal Description: A portion of U.S. Survey 2735 (Case 11 -027); A Portion of Section 28, T29S R2OW, Seward Meridian (Case 11 -028) Zoning: RR1 -Rural Residential One (Case 11 -027); C- Conservation Zoning District (Case 11 -028). COMMENTS Background At the June 15, 2011 regular meeting, the Commission failed two motions to recommend to the Borough Assembly that the two parcels in question be rezoned to RR2- Rural Residential Two Zoning District. These motions initially failed with 3 commissioners voting in favor of the rezones and 1 Commissioner voting against the rezones. The Commission's adopted by -laws (Article VI — Quorum and Voting Cases 11 -027 & 11 -028 Page 1 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Requirements) states that "the affirmative votes of the majority (four) of the authorized members of the Commission are required to carry a question. When asked by the department secretary if there is a change of vote, two commissioners who were at first in favor of the rezone changed their "yes" vote to "no" in order to be on the prevailing side of the vote. The result of the change of vote did not change the outcome of the vote, but the commissioners who changed their vote made it clear during deliberations on the motion that their intent was to end up on the prevailing side in order to be able to have the motion reconsidered at a future meeting. After the final vote staff was asked the about the process to "reconsider" this vote. The direction to commissioners was to have a member who voted on the prevailing side to fill out the "reconsideration affidavit" found at the Borough Clerks Office by 5:00 P.M. the next day (June 16, 2011). Subsequently, the affidavit was signed by two commissioners and attested by the clerk's office. Copies of these affidavits are included in this packet. Note: Because your adopted by -laws do not provide any specific direction on how to proceed with a request to reconsider a commission vote, Article IX Procedure (B) of your by -laws states: In all matters of procedure not covered by rules adopted by the Commission, Roberts Rules of Order; Newly Revised (10 Edition) by Henry M. Robert, shall be applicable and shall govern (KIBC 2.100.150) These formal rules are provided for you in the appendix of this staff report. Reconsideration Motion The reconsideration process must be taken in two parts. The first order of business is to bring the main motion (that was defeated) back on the table for reconsideration, discussion and another vote. If that motion passes, the commission moves on to the second order of business and that is to vote on the main motion just as if the vote on June 15th did not occur. If the reconsideration motion does not pass the action taken at the June 15 P &Z meeting is upheld and confirmed. The commission will not need to take additional public testimony. That portion of the meeting has already occurred. In fact, the chairman closed the public hearing section of the meeting. That being said, there are no restrictions on the commission and each member has a right to debate the issue again regardless of the arguments made at June's meeting. For those Commissioners who were not in attendance for the June 15 work session, it is recommended that a review of that meeting (by listening to the recording of that meeting) to get an understanding of the issues posed by the public as well as knowledge about why your fellow commissioners voted the way that they did. That way, all commissioners are on even footing to address this case knowledgably if the case is brought back to the table for further deliberations Cases 11 -027 & 11 -028 Page 2 of 12 Old Business Item 8 A &B P &Z July 20, 2011 RECOMMENDED MOTIONS Motion #1 Reconsideration Motion — Case 11 -027 Jav Johnston A commissioner who signed the reconsideration affidavit makes the following motion: Move to reconsider the vote on the main motion made in Case 11 -027 made at the June 15, 2011 regular meeting. I voted against this motion. The Chair then states: A motion to reconsider the vote on the June 15 2011 vote on case 11 -027 has been moved and seconded. That motion reads: A motion to recommend a rezone from RR1 -Rural Residential One to RR2 -Rural Residential Two for a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Motion #2 Vote on the Main Motion If the previous motion is approved the Chair states: Now that we have approved the reconsideration of this case, I will entertain a motion on the main question. APPROPRIATE MOTION Move to recommend a rezone from RR1 -Rural Residential One to RR2- Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Cases 11 -027 & 11 -028 Page 3 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Motion #3 Reconsideration Motion — Case 11 -028 Leisnoi Native Corns A commissioner who signed the reconsideration affidavit makes the following motion: Move to reconsider the vote on the main motion made in Case 11 -028 made at the June 15, 2011 regular meeting. I voted against this motion. The Chair then states: A motion to reconsider the vote on case 11 -028 has been moved and seconded. That motion reads: Move to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R20W, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. This motion can be debated and discussed before being voted upon. Motion #4 Vote on the Main Motion If approved the Chair now states: Now that we have approved the reconsideration of this vote, I will entertain a motion on the main question: Appropriate Motion: Move to recommend a rezone from C- Conservation to RR2 -Rural Residential Two for a portion of Section 28, T29S, R20W, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff Cases 11 -027 & 11 -028 Page 4 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Reconsideration Memorandum dated May 25, 2011 as FINDINGS OF FACT for this case. FINDINGS OF FACT Note: For your information, these findings are the identical ones found in the May 25, 2011 staff report Findings of Fact for Cases 11 -027 and 11 -028: A. Findings as to need and justification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The proposed replat in Case S11 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. Conclusion Should the commission approve the reconsideration, as stated in the motions, this action is a recommendation to the Borough Assembly to take under advisement as they deliberate the issues. Prior to this case e being taken up by the Assembly, public hearing notices will again be sent to adjacent property owners and another public hearing will occur at the future Assembly meeting. Cases 11 -027 & 11 -028 Page 5 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should the motion to reconsider, or the motion to approve the rezoning of these parcels fail and be denied, the Assembly can still "take up" the commission's action upon a request by the applicant within ten (10) days of the Commission's final action. Lastly, though staff has provided findings of fact for the instance that the rezone request is approved, should it be denied, it will be necessary for the commission to adopt findings of fact in the support of the denial. Cases 11 -027 & 11 -028 Page 6 of 12 Old Business Item 8 A &B P &Z July 20, 2011 RECONSIDERATION AFFIDAVIT 1, lb fen 4 L, L)a ns Planning and Zoning Commissioner, having voted on the prevailing side, file my intent to reconsider the vote taken at the Planning and Zoning Commission. Q1 ,5 Regular Meeting of June 15, 2011 on Case No. 11- 027 zone from RR1 -Rural Residential One t b RR2 -Rural Residential Two for a Portion of U.S. Survey 2735a ee ac arcei located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this cas- The applicant is Jay Johnston (11 -027). / / -/ Signature SUBSCRIBED AND SWORN to before me this 16th of June, 2011. • - _,- • 4W-A r 1 t3:' 'OED ., Public In and For Alask. �i� �� M ommission Expires: , ; 1 1, ALAa L_'$<t -r,r.7, Planning and Zoning Commissioner, having voted on the , L prevailing side, file my intent to reconsider the vote taken at the and Zoning Commissio r�; AV Regular Meeting of June 15, 2011 on Case No. 11 -027 fli`rrnbm RR1 -Rural Residential One to RR2 -Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. The applicant is Jay Johnston (11 -027). (�,LS Signature SUBSCRIBED AND SWORN tROlikteopp this 16 of June, 2011. , • A • • %aj . $� t i t� ' 1 / f j jl ttt 1��` `\` My and son F Alaska Expires: ( FILED with the Kodiak Island Borough Clerk's office this 16 day of June 2011. •: 1 a im _ .1 . f�� w�Ti✓d lT CLtlt '090. Javier, MMC Bo h Clerk Cases 11 -027 & 11 -028 Page 7 of 12 Old Business Item 8 A &B P &Z July 20, 2011 ((�� RECONSIDERATION AFFIDAVIT I, 'Uren -IL Wt. , Planning and Zoning Commissioner, having voted on the prevailing side, file my intent to reconsider the vote taken tths pffanning and Zoning Commission f"- Regular Meeting of June 15, 2011 on Case No. 11 -0280 r %ii?'t?bm C- Conservation to RR2 -Rural G Residential Two for a portion of Section 28, T29S, R2OW, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735 formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff report dated May 25 2011 as FINDINGS OF FACT for this case. The applicant is Leisnoi (11 -028). / Signature SUBSCRIBED AND S \( before me this 16 of June, 2011. 1 . I tip Pulic In and / dg A pS M ommbssion Expir s LOl V.- 1, IXLAA , Planning and Zoning Commissioner, having voted on the 5 prevailing side, file my intent to reconsider the vote taken S the Planning and Zoning Commission t Regular Meeting of June 15, 2011 on Case No. 11- 028fia'rt32'�("e From C- Conservation to RR2 - Rural Residential Two for a portion of Section 28, T29S, R2OW, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735 formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case 511 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. The applicant is Leisnoi (11 -028). Signature SUBSCRIBED AND SWORN kc\btlfiiftlip9 this 16 of June, 2011. s. �dTq at it, Not �ommbsson and F U . Dill te FILED with the Kodiak Island Borough Clerk's office this 16` day of June 2011. No . Javier, M C Bo Tugh Clerk • Cases 11 -027 & 11 -028 Page 8 of A Old Business Item 8 A &B P &Z July 20, 2011 %; Kodiak Island it orough n A 7.0 Community Development Department r' `� 710 Mill Bay Road r _ 'I',y Kodiak, Alaska 99615 � ` Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us June 16, 2011 • Mr. Jay Johnston PO Box 2503 Kodiak, AK 99615 Re: Case 11 -027. Request a rezone, in accordance with KIBC 17.205.030.0 (Manner of Initiation), ), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. Dear Mr. Johnston: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 15, 2011 denied your rezone request cited above, but 2 commissioners have signed a Reconsideration Affidavit so your case will be on the July agenda under Old Business. The commission will vote to see if they will re -take the vote on your case motion or if they decide to open it up for further deliberations or public hearing. If a new public hearing is decided upon the case will be postponed to the August Planning and Zoning agenda and be re- advertised. If the case is only deliberated anew the commission could arrive at a different outcome from this last meeting on June 15`''. If the request is approved the case will be automatically forwarded to the Borough Assembly for further review. If the case is denied you will have 10 calendar days in order to ask the Assembly to take up the commission's action as explained below. According to KIBC 17.205.055.B: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 calendar day period begins once the commission has approved their Findings of Fact on the case. Should you choose to elevate the Commission's decision to the Borough Assembly after the reconsideration is decided, a $350.00 fee is required along with your written statement. Page 1 of 2 Cases 11 -027 & 11 -028 Page 9 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. Sincerely, i z �lary�.leC Bud Cassidy . Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Cases 11 -027 & 11 -028 Page 10 of 12 Old Business Item 8 A &B P &Z July 20, 2011 • * Kodiak Isb nd 1 ®rough A Community Development Department 710 Mill Bay Road —2.41? °I d. Kodiak, Alaska 99615 u ' as Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us June 16, 2011 Carol Pagano 711 H Street Anchorage, AK 99503 Re: Case 11 -028. Request a rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation t4 RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 — Rural Residential Two zoned lot. Dear Ms. Pagano: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 15, 2011 denied your rezone request cited above, but 2 commissioners have signed a Reconsideration Affidavit so your case will be on the July agenda under Old Business. The commission will vote to see if they will re -take the vote on your case motion or if they decide to open it up for further deliberations or public hearing. If a new public hearing is decided upon the case will be postponed to the August Planning and Zoning agenda and be re- advertised. If the case is only deliberated anew the commission could arrive at a different outcome from this last meeting on June 15 If the request is approved the case will be automatically forwarded to the Borough Assembly for further review. If the case is denied you will have 10 calendar days in order to ask the Assembly to take up the commission's action as explained below. According to KIBC 17.205.055.B: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 calendar day period begins once the commission has approved their Findings of Fact on the case. Page 1 of 2 Cases 11 -027 & 11 -028 Page 11 of 12 Old Business Item 8 A &B P &Z July 20, 2011 Should you choose to elevate the Commission's decision to the Borough Assembly after the reconsideration is decided, a $350.00 fee is required along with your written statement. Should you have any questions about the procedure, please call the Community Development Department at 486 -9363. Sincerely, } Bud Cassidy Director CC: Rick Gifford, Manager Nova Javier, Borough Clerk Cases 11 -027 & 11 -028 Page 12 of 12 Public Hearing Items 7-E & 7-F Request: 'Rao rezones, according tb KIBC 17.205.060 a Image Overlay ftkomed Initiation, tio investigate ft rezone COE) portion p 8 g @Eag tr,9 i) 1 -02ff 8 028 @U U0 &tow angi re Rendezvous ©14 from RR1- Rural Applicant: cOEW Johnston (0247) Residential ai)200 RIR-2-Rural Residential Two, ad tb Applicant: Leisnoi, On (028) investigate (Oie rezone dab unsubdivided portion 07Section Z(3 Township ac) South Egli Range aiDMA, Seward Meridian, from C-®enservation 00 RR-2-Rural Residential Two. ' • . . CL 1 . ; - _ it* p. •- ,s, 1 ...1, . _ - - d it . . . To a A a t . 1°' 4 4t- ,.; a y - `q b.. ••••• • i t v ...r e ., • r ., op ter , ./.. .4■•• - re ..";;Cii, ' ', ,.., .:.. . z- i „, - , ...:. ! ' ei,er r - ,, " i ; •0. ,. i-- ,, = 7 .. i ^. • - 4 a t F 1 " - ' ,t .. ...e,_ R • ., - t i . '4 '' s r , , i . .rn r, - -." ... ..= d . 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' i a - d'a* ''' - ' a....,,, - - —t".•.. ait.. N Kodiak Island Borough GIS System itr ,„7/EIN.H , 7 , 44 0 95 190 380 570 760 Feet '74-fti. S This map was prepared from the Kodiak Island Boroughs GIS System. 1115 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 Introduction - Page 1 of 6 Public Hearing Items 7 -E & 7 -F Introduction - Page 2 of 6 Public Hearing Items 7 -E & 7 -F h w 4 -I Two rezones, according tt) KIBC 957.205.030 ( Currentaocation ' r,,'" t i 07 Initiation), GO investigate at? rezone Cd portion pagCase # 11 02�7�3 ,�x {B�ia£43,, rid gm a Rendezvous k from GA31). Rural ". , � , Applicant-Jay Johnston (02f7)' Residential 0)(000 RR2 -Rural Residential Two; p Applicant L isnoi, (028) .. investigate (nib rezonedal)unsubdivided portion Section , Cr + « fi , y. 4, . ` 200 Township S South iii o7 Range go mag Seward ifrA,% . it F Meridian, from GC•onservatlontb -Rural Residential Two . I 49 re J ya t / K Middle Bay / / l e 1 N 401 0 a Subject Q Properties ■ , l e 1 �$s ° Jf Kodiak Island Borough GIS System N hit a W tAma E 1I 0 1,200 2,400 4,800 7,200 9,61,0 eat S 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 Introduction - Page 3 of 6 Public Hearing Items 7 -E & 7 -F Introduction - Page 4 of 6 Public Hearing Items 7 -E & 7 -F Kodiak Island Borough Zoning Map Community Development Department 6 NW Request: i B rezones, according ib KIBC 97.205.030 (c, (QNak'1MD20cQ Initiation), m investigate Mig rezone CM portion @ r @Ma Zoning CQM,E, away anIZ QCO Rendezvous do from E iO Rural 1782 Case 099- 027 b 028 Residential era) RR -2 -Rural Residential Two; mim Applicant: rftv Johnston (027) investigate t i B M unsubdvded CQ Section Applicant: Leisnoi, [i110, (028) g rezone ii , �' portion o Township South end Range WNW. Seward Meridian, from C-®onservation OD RR'2 -Rural Residential Two 0 625 50 2,50 0 t 1.2 t Feet ■ 1/1 1/4 1111111S1 e Subject Properties Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential Fr: -�, Light Industrial WA Watershed I= Rural Residential 2 — Business I I Rural Neighborhood Commercial I Conservation I Single Family Residential Retail Business ® Urban Neighborhood Commercial I Rural Residential I Two Family Residential _ Industrial 1 Natural Use This map was prepared from the Kodak 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) 488-9333. Introduction - Page 5 of 6 Public Hearing Items 7 -E & 7 -F Introduction - Page 6 of 6 Public Hearing Items 7 -E & 7 -F • KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us 12077 Chinrnk NO Applicant Information Property Information '` vein. 11.. 41 Property ID Number/s j Property owner's name P y �� D pt . 2503 Uss J J 27,35 Legal Description Property owner's mailing address as A St la r Current Zoning: 1 W. City / Gq1r fate Z Zip Applicable Comprehensive Plan: 466,--- ,LJ 446 - JgOtaj Year of Plan adoption: Home phone Work Phone E -mail Addr. Present Use of Property: S 2 - Agent's name (If,epable) / Agent's mailing address j' ! Proposed Use of Property: �z rt � , �� eCiaffs City State Zip R E a c b , / 1 . _ _ Horne phone Work qt. kid �k�Z f p • ork Phone E-mail Addr. • j ` ME•Waira;�i1 (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 Narrative/Hi t. - As -built Survey Photographs / ._ Maps Other • lam % efi • Property 0 . - :nature a te Au rued Agent's Signature Date 'A develop ent 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, ©1993 by Rutgers University) STAFF USE ONLY PAYMENT VERIFICATION Code Section(s) Involved: / 7- 2 0 C Variance (KIBC 17.66.020) 5250.00 Conditional Use Permit (KIBC 17.67.020.B) 5250.00 : n,ir Vi C - . „ ,.-; ;. ?.(...:.:_1:,;1 Other (appearance requests, site plan review, etc.) $150.00 t ; > • ' . t : * .. _r{ Zoning change from 4'.C/ to /etZ (KIBC 17.72.030 and 030.C)' p la.:::::::7,:-.:7,.:: ::::-:„7:,::?, . APPIiZQ,n reyeived by: Staff signature t 1 027 MAY 02 2011 /, /t/AteeS Kggi i 4slsnd BOTougt�k\ 5 -a -1\ Applicat - Pao c . k _t ' 4k Public Hearing Items 7 -E 8 7 -F Application - Page 2 of 10 /�. (D • � � - , •� ['� 1 ( OYINEFSHP AFFIDAVIT • V E Y --. .. 2 , I — .r.. .r�._ , i - :`•1' • '' -� 7 n w PM MPS •• OS la. o TV 24 .IWO • 'F TI) � „ • y 1 ,: .f- . e : ;. . 1 • ' ; ' � , l �I TRACT I .... > • J , . h •.` �. 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Public Hearing Items 7 -E & 7 -F May 18, 2011 Kodiak Island Borough Community Development Department Planning ane Zoning Commission 710 Mill bay road Kodiak, Alaska 99615 Dear Commissioners, I have written this letter to help support the request for rezone cases #11 -027 and #11- 028. My wife and 1 purchased the property in the case 11 -027 at 22077 Chiniak Hwy and at the time, developed an easement for legal access from the highway. Shortly after that '.ve began negotiations with Leisnoi Inc to purchase the property as described in case #11- 028 to insure that no one would ever build between us and the highway. It has taken since 1993 for Leisnoi to get clear title to this property so they could sell to us. This commission rejected our previous request to rezone Leisnoi's property to RR I believing that this would lead to increased density in a "C" Conservation zone. These two rezone requests to RR2 will allow us to make this purchase actually reducing the current density without allowing the possibility for subdivision. Our lot is currently RRI and 1.14 acres. By allowing these rezones the borough will end up with a larger lot ( 2.56 acres ) closer to "C " zoning size than our existing RR I lot. Please consider allowing these rezones, as the result will reduce density in the area without changing the characteristics of the use. Sincerei et a • Est.' Stephanie Love • L.) ECEDV _ I U MAY 2 0 2011 LI COMMUNITY DEVELOPMENT DEPARTMENT Application - Page 4 of 10 Public Hearing Items 7 -E & 7 -F Application - Page 5 of 10 Public Hearing Items 7 -E & 7 -F May 02 11 10:06e Clarion Fax 9074863909 p.2 • KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 MI Bay Rd.. Room 20S, KODIAK, AK 99815.6398 (907) 486-9363 - FAX (907) 486 -9396 www us • Applicant Information Property Information L. 5 /5iJo l / U f Property ID Numberls port!p ) of C E? . Property owner's name N } U O L egal eestxiption Property owners marling address CUrrenl Zoning: City / Stale Zip Applicable Comprehensive Plan: 4.60 —4e — 41-/) Year of Pien adoption: `, / Home phone Work Phone E -mail Addr. Present Use of Property: V 4.3 471J'r Agent's name (11 applicable) Agent's nailing address • Proposed Use of Pmpery. . /Z 17V R City State Zip nif 9 !m/4) /4f{p- 7b Horne phone Work Phone E -mail Addr. 4eds,aiat l - .s ` • i i • (Note: Use additional sheets, If needed, to provide a complete desorption Of the proposed request) Applicant Certification I. hereby certify as the property ownerlauthor¢ ed agent that this appticauon 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 t appfcahle • Kodiak Island Borough Code, which includes a derailed site pion' for variance and conditional use requests and which may include optional supporting documentation as indicated below. • ■ A• dditiunai NanativwHIstory - ,4s -both Survey _ Photographs • -ps _ Other I/ • t r. l�r'i,r /li e7 2 — ii tart z / Property Owner's Signature / Cate Au ""-d Agr " �Tgn: re Dale • ' A development plan for one or more lots on which is shown the existing and proposed conditions of the b;, ;ncluding topcgrabhy, I vegetation. drainage. ilocd pains, wetlands, a nd waarwevs: landscaping and open spaces: ways; means o f ingress and ayes s: circulation: rr. :ity serri.es: saurtures and buildings; signs and righting; berms, butters. and screening devices; surround'ng devciopmenl: and any other infcnnaicn that reasonably may be required in order lhar an Informed decision can be made by the approving aut!ority. I (Source: The New I.histrated Book of Deveicpmert Deniuons. 01993 by Rutgers Unversity) • STAFF USE ONLY j PAYMENT VERIFICATION • Code Seotldn(s) Involved: / 7 ZOS I i Variance (KIBC 17,66.020) 5250.00 . ,.. r _ Conditional Use Permit (KIBC 17.67.020.8) 3250.00 Other (appearance requests, she pl eyrew, etc.) 1150.00 1 �� ✓ Zaring change from C-. to !! tKIBC 17.72.030 and 03c.C) i 1 Applicati ry by Staff signature • (I ' 02f5 / 4/„ ees MAY 0 2 2011 9490 5 - 2 -1‘ Kodiak Island Boroughs C L C S'4 b 'j Finance Department Application - Page 6 of 10 Public Hearing Items 7 -E & 7 -F • Application - Page 7 of 10 • , • ODINERS/41-37-1MDADIT . . •':•... . .. .- I I rm. MY Dm mit Om 0 or Mgr 113411M401 J I oar, ascer • or mkt Men fa 1m eon . mat cat nma lam mob MIDI Aux el illso ma U . S. , ? 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"at 0, .2 4 MONO (WA - NO CAP / al tk‘ 0 rano I-1,7' ALLIONUM OP M c 5- 0 roue nuanum cw t . ,,..„ ..., .....__■•••• g 3 ! ,., 4 0 iv "----. , '1444■3•10" Cv W __ j fite24 I let sae :s fl ., x .., / /. OM Or ODIUM 401414 NCIDCAPI ONIUN ILI. Alivo _. - . a tar concut WIER•114 •"--...„.„...... --.. CEIVEl Op% -- --.1 .. p- l cits22130 mart s CIS' m -1 - = g 0 , -. ril Ve - ' - •- PO OD -...„ I r . ..1 ...) A PoRnoff 02 U.S. Rain 2733 pir. tn. pa a7) 2 – 2 I Mit AND • ponnav op pitenuerlD SIMON 20, 3 . -1 1. NI lent SKIM war tc ammo DV A PACIES9C4, 00C34731 PAELIMINARY ,r ronStap 29 30U war 20 1237. •G • NEOSTEDED IN 114 MR Or st•SNA ALL SUM SYSIII43 MI EC rkSrAULD small Inalinuf V IT • MIT ES sLASNA RINSED NSMILEN. co A -.....„ RONA% 21.9.222 5 2. 92$acT 10 AU COCINTONS. SERWMCIEt tieunkn COVENANTS. NISRVA1101. gliSincnows me RIGHTS Or WAY Or KUM. --- Alr IT IMAM= ININ , !X si , „„„ „„ D•rt- ID I Se-Alt: r- SO' !Mtn fre: Nilo& * • RAW AIX ALISI61 DUOS ST "My 10"4.c INC •0 . SOD 3110 NOW•C NAAA awls VI (;.: . ..,A ' '''' t'''''' Public Hearing Items 7 -E & 7 -F May 18, 2011 Kodiak Island Borough Community Development Department Planning and. Zoning Commission 710 Mill bay road Kodiak, Alaska 99615 Dear Commissioners, I have written this letter to help support the request for rezone cases #11 -027 and 111 1- 028. My wife and I purchased the property in the case 11 -027 at 22077 Chiniak Hwy and at the time, developed an easement for legal access from the highway. Shortly after that we began negotiations with Leisnoi Inc to purchase the property as described in case #11- 028 to insure that no one would ever build between us and the highway. It has taken since 1993 for Leisnoi to get clear title to this property so they could sell to us. This commission rejected our previous request to rezone Leisnoi's property to RRI believing that this would lead to increased density in a "C" Conservation zone. These two rezone requests to RR2 will allow us to make this purchase actually reducing the current density without allowing the possibility for subdivision. Our lot is currently RR1 and 1.14 acres. By allowing these rezones the borough will end up with a larger lot ( 2.56 acres ) closer to "C " zoning size than our existing RRI lot. Please consider allowing these rezones, as the result will reduce density in the area without changing the characteristics of the use. Sincerei a . nster Stephanie Love • lECEilVED _Li MAY 202011 COMMUNITY DEVELOPMENT DEPARTMENT Application - Page 9 of 10 Public Hearing Items 7 -E 8 7 -F Application - Page 10 of 10 • Public Hearing Items 7 -E & 7 -F Request a rezone, according to KIBC 17.205.030 (C) (Manner Current Location of Initiation), to investigate the rezone of a portion of U.S. 22077 Chiniak Hwy Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of P & Z Case 11-027 land 1.14 acres in area. This parcel, if rezoned, will be Jay Johnston combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. : \ v"-"X / glip -./.- _ • ail: / . a . . ii 1 . f ( ------j (g 1 a -' ° / ` J Kodiak Island Borough GIS Legend - -- ® !i Subject Parcel W 4 , / ) E : 11_ .11114 • • , Feet 1 ' \ f 0 650 1. 2,600 ® Notification Are 1 ,1 t 1 r r t 1 S 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. Public Comment - Page 1 of 8 Public Hearing Items 7 -E 8 7 -F KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 May 5, 2011 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 15, 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 - 027 APPLICANT: Jay Johnston REQUEST: A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RRI - Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. LOCATION: 22077 Chiniak Hwy, Middle Bay ZONING: RR1 -Rural Residential One 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, May 31, 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 ssmithc ikodiakak.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, June 8, 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: Public Comment - Page 2 of 8 Public Hearing Items 7 -E & 7 -F TODD HINER MARILYN LGUILMETLIVING /AY JOHNSTON P.O. BOX 671 TRUST PO BOX 2503 KODIAK, AK 99615 P O BOX 625 KODIAK, AK 99615 KODIAK, AK 99615 NATHANIEL WALES ETAL LEISNOI, INC P O BOX 1786 2713 N. 63RD Cr KODIAK, AK 99615 MESA, AZ 85215 Public Comment - Page 3 of 8 Public Hearing Items 7 -E & 7 -F Public Comment - Page 4 of 8 Public Hearing Items 7 -E & 7 -F Current Location Request rezone, according to KIBC 17.205.030 (C) (Manner Portion of Section 28 of Initiation), to investigate the rezone of an unsubdivided T29S R2OW Seward portion of Section 28, Township 29 South and Range 20 West, Seward Meridian,from C- Conservation to RR2 -Rural Meridian Residential Two, for a parcel of land 1.42 acres in area. P & Z Case 11 -028 This parcel if rezoned will be combined with an adjacent lot to Leisnoi create a 2.56 acre RR2 — Rural Residential Two zoned lot. visissir Subject Parcel • Kodiak Island Borough GIS • g`�, Legend w 4 E Feet o 500 1,000 2,000 ® Notification Area • t r t r t t t t s • 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 whin 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 (937)486-9333. Public Comment - Page 5 of 8 Public Hearing Items 7 -E & 7 -F KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 May 6, 2011 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 15, 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: I 1 - 028 APPLICANT: Leisnoi, Inc. AGENT: Carole Pagano REQUEST: A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation L4 RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 — Rural Residential Two zoned lot. LOCATION: Portion of Section 28, T29S R20 W, Seward Meridian 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. I f 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 on Tuesday, May 31, 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(o,kodiakak.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, June 8, 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 properly description: Comments: Public Comment - Page 6 of 8 Public Hearing Items 7 -E 8 7 -F MARILYN L. GUILMET LIVING TODD HINER WILLIAM WREN TRUST P.O. BOX 671 P 0 BOX 8284 P O BOX 625 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PAUL PENA JAMES GRAHAM NATHANIEL WALES ETAL PO 130X 1966 P O BOX 3147 P O BOX 1786 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LEISNOI, INC 2713 N. 63RD ST. MESA, AZ 85215 Public Comment - Page 7 of 8 Public Hearing Items 7 -E 8 7 -F Public Comment - Page 8 of 8 Public Hearing Items 7 -E & 7 -F MEMORANDUM Date: May 25, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the June 15, 2011 Regular Meeting Cases: 11 -027 & 11 -028 Applicant: Jay Johnston, Case 11 -027 Leisnoi, Inc., Case 11 -028 Agent: Carol Pagano, Sec./Treas. — Leisnoi, Inc. Request: (Case 11 -027) A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot; and, (Case 11 -028) A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of an unsubdivided portion of Section 28, Township 29 South and Range 20 West, Seward Meridian, from C- Conservation t4 RR2 -Rural Residential Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined with an adjacent lot to create a 2.56 acre RR2 — Rural Residential Two zoned lot. Location: 22077 Chiniak Hwy, Middle Bay (Case 11 -027); A Portion of Section 28, T29S R2OW, SM (Case 11 -028) Legal Description: A portion of U.S. Survey 2735 (Case 11 -027); A Portion of Section 28, T29S R2OW, Seward Meridian (Case 11 -028) Zoning: RR1 -Rural Residential One (Case 11 -027); C- Conservation Zoning District (Case 11 -028). Five (5) public hearing notices related to Case 11 -027 were mailed on May 5, 2011. Seven (7) public hearing notices related to Case 11 -028 were mailed on May 6, 2011 Date of site visit: No Site Visit Conducted — Borough GIS Consulted Zoning History: These parcels were zoned C- Conservation in 1977 as part of KIB Ord. No. 77 -15 -0. The Portion of U.S. Survey 2735 was then rezoned from C- Conservation to B- Business in 1983 (Case 83 -134). This same parcel was then subsequently rezoned from B- Business to RR1 -Rural Residential One in 1993 (Case 93 -031). Staff Report - Page 1 of 8 Public Hearing Items 7 -E & 7 -F Lot Size: Parcel 1, Case 11 -027 1.14 acres Parcel 2, Case 11 -028 1.42 acres Existing Land Use: Parcel 1- Single- family Residential Parcel 2 - Vacant Surrounding Land Use and Zoning: North: Tract C -1, U.S. Survey 2735 Use: Single- family Residential Zoning: C- Conservation South: Unsurveyed portion of T29S, R2OW, Seward Meridian Use: Chiniak HighwayNacant Land Zoning: C- Conservation East: Portion of Lot 1, Section 28, T29S, R2OW, Seward Meridian Use: Vacant Zoning: C- Conservation West: Portion of Tract C -1, U.S. Survey 2735 Use: Single- family Residential Zoning: C- Conservation Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan identifies this area as Conservation land. 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. Staff Report - Page 2 of 8 Public Hearing Items 7 -E & 7 -F 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 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. 17.205.020 REPORT FROM PLANNING AND ZONING COMMISSION. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. Coastal Management Applicable Policies 4.4 Enforceable Policies Staff has not identified any enforceable policies of the adopted coastal management plan that would be applicable or relevant to this request. COMMENTS The owner of Parcel 2 in this case (Leisnoi, Inc.) is willing to sell a 1.4 acre portion of C- Conservation zoned land located adjoining Parcel 1, a Portion of U.S. Survey 2735. Parcel 1 is currently 1.14 acres in size and is historically referred to as the "Old Rendezvous" site. Since 1993 the Old Rendezvous site has been zoned RR1 -Rural Residential One and has been redeveloped for single - family residential purposes. The owner of the Old Rendezvous site (Parcel 1) wishes to acquire from the owner of Parcel 2 a 1.4 acre parcel located between their lot and the Chiniak Highway in order to have a larger site that includes Chiniak Highway frontage rather than an access easement to the road. The owner of Parcel 1 has submitted an abbreviated plat and obtained preliminary approval to acquire and consolidate Parcel 2 with Parcel 1, however the preliminary plat approval (Case S11 -003) requires a condition of approval that both parcels be combined into one zoning classification. It is best if the resulting parcel can be remain in a conforming zoning district and split -lot- zoning can be avoided as a result of this planning action. Hence the need for this rezone request. Staff Report - Page 3 of 8 Public Hearing Items 7 -E 8 7 -F A similar case (Case 11 -017) was previously submitted requesting to rezone what staff is referring to as `Parcel 2" in this report. This case was denied a rezone from C- Conservation to RR1 -Rural Residential One by the Planning & Zoning Commission at the February 16, 2011 regular meeting. The petitioners have now submitted two new cases requesting the rezone of two adjoining parcels in the RR1 -Rural Residential One and C- Conservation zoning districts to a common zoning of RR2 -Rural Residential Two. The petitioner's goal remains the same however, which is to join the two parcels together as a single parcel as indicated in the abbreviated plat for subdivision Case S11 -003. A condition of approval from that subdivision review requires the petitioner to reconcile the two disparate zoning districts into one common zone before the plat can be granted final approval. In Case 11 -017, staff had recommended RR2 zoning as the best compromise to apply in this situation. This recommendation was made because the end result of the consolidation would not be a five (5) acre lot that would conform to the C- Conservation zoning district, but it would get the property closer to the five (5) acre lot standard in the surrounding area. In addition, the application of RR1 -Rural Residential One zoning as requested in that original case could have allowed for re- subdivision to occur in this area, which could be viewed as incompatible with the Conservation designation applied to this area by the 2008 Comprehensive Plan Update. The RR2 zoning district has a list of permitted uses very similar to the existing RR1- Rural Residential One zoning district that now applies Parcel 1. RR2 zoning would be more appropriate to the combined lot resulting from the consolidation of parcels 1 & 2 because it has a two (2) acre lot minimum size and it would not permit further subdivision of the resulting lot. As indicated in the report for Case 11 -017, staff will continue to recommend the RR2 zoning district as the best zoning recommendation for this case. Although the rezone requests for Parcel 1 and Parcel 2 were made in two separate applications, staff will be addressing both cases together in one staff report. In addition, staff will provide two separate motions, one for each case, however it will be up to the commission whether they want to hold two separate hearings or one combined public hearing for both parcels. So long as the commission gives each case appropriate consideration it is a matter of discretion how the commission wishes to deal with these cases procedurally. Staff sees these cases as being inextricably linked together and will suggest an effective clause that will ensure they remain linked both from the zoning perspective and the subdivision perspective. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Comprehensive Plan Staff typically recommends, and KIBC 17.10.020 requires, that the commission give due deference to the recommended land uses described in the most recent comprehensive plan update. In this case however, staff sees in the 2008 Kodiak Island Borough Comprehensive Plan Update that there is a recommendation for residential (Conservation) land use in this general area which cannot easily be applied to the subject parcel. This is because the combined lot approved in platting case S11 -003 will Staff Report - Page 4 of 8 Public Hearing Items 7 -E & 7 -F only total about 2.4 acres, which is substantially less than the five (5) acres minimum lot size required in the C- Conservation zoning district. That said, the Old Rendezvous site has long been considered a unique case given the history of the site as an eating and drinking establishment. This history goes back to a time before zoning rules and regulations applied in this area. In 1983 the site was zoned B- Business in recognition of the Old Rendezvous commercial use of the site. When the Old Rendezvous burned down the site was purchased and converted to a residential use. Because single- family residential use is not by itself a permitted use in the B- Business zone, the approximately one (1) acre site was rezoned to RR1 -Rural Residential in order to make it a conforming use on the lot. While it may not be possible to continue the C- Conservation zoning for Parcel 2 after it is combined with Parcel 1, it is possible to make a compromise by balancing the constraints of surrounding property boundaries and road right -of -way with the Conservation designation in the adopted plan. Staff believes that the RR2 -Rural Residential Two zoning district would more closely conform to the intent of the Residential /Conservation designation under these circumstances. The list of uses permitted for both RR1 and RR2 are quite similar except that the RR2 zone has a minimum lot size requirement of two (2) acres. A rezone to RR2 would ensure that the density of the area is maintained at a level closer to one (1) dwelling unit per five (5) acres by restricting the proposed new lot from ever being re- subdivided. For this reason staff recommends the RR2 zoning be applied to Parcels 1 & 2 in this case. This zoning district would ensure that the resulting site continues to be appropriate for one (1) dwelling unit on 2.5 acres which is closer to the residential density required in the C- Conservation zone. ZONING /USE: The general area is zoned C- Conservation. Most of the surrounding lots are larger than the minimum five (5) acres required in the C- Conservation zoning district although there are several more recent lots that are just five (5) acres in size. The exceptions are the RR1 zoned parcel for the Old Rendezvous site and an un- platted parcel along the highway (zoned C- Conservation) that is only 3.02 acres in area. An alternative might be to rezone the proposed subdivision lots to C- Conservation. This would require a variance instead of a rezone and would be difficult to meet the variance standards because this is about a use change not a dimensional or density adjustment. In addition to allowing Conservation uses on a lot only half the minimum size required in the C- Conservation district, it would also hamstring the lot with a nonconforming status under KIBC 17.140 (Existing Nonconforming Uses and Structures). Increasing the size of existing developed lot moves towards conformity with the plan description, however, and should be encouraged. At least one property owner has contacted staff to express concerns about the potential for fireworks stand use in the RR2 zone which is allowed as a conditional use. Staff would note that the use is already permitted as a conditional use in the existing RR1 zoning district which applies to Parcel 1. Nevertheless, staff can see where this use could encourage the proliferation of fireworks in the surrounding area even though Staff Report - Page 5 of 8 Public Hearing Items 7 -E 8 7 -F typically they are not allowed to be fired in close proximity to the fireworks stand itself. This concern is particularly aimed at the apparent conflict between fireworks use and the negative impact the use has had on agricultural livestock being raised and grazed in the surrounding agricultural lands. Because the RR1 and RR2 zones are so similar, it's not like a new use is being introduced in the area. At the bottom line the petitioner really just wants to increase the size of their residential site and have some ownership of frontage along the Chiniak Highway. Given that fireworks stands are a conditional use, there would not be a fireworks stand at this location without substantial public hearing review before the Planning & Zoning Commission. In this regard, the commission could deny such a use if it was seen to be disruptive to the surrounding area and would cause real harm to agricultural users such that no conditions of approval could reasonably bring the use into conformity with the character of the surrounding area. In the alternative, because there is also a plat still awaiting final approval, a covenant by plat note could be placed on the new plat that would prohibit fireworks stand use on the resulting parcel. This action would require the petitioner to voluntarily make this change however, by adding a note to the plat. It is not something that staff would consider that the petitioner should be compelled to do. Staff also notes a distinction between the Conditional Use Permit of allowing fireworks stand in the RR2 zoning district and the relatively unrestricted use of the fireworks for entertainment and celebratory purposes within the Kodiak Island Borough. Historically, it has been the right of people to shoot off fireworks in the borough at any time of the year. The borough assembly however, has recently enacted new regulations that would substantially limit the times of the year when fireworks can be used by consumers. Whether the assembly has adequately addressed these concerns remains to be seen but it is clear that this action was not related to zoning but was more of health, safety and welfare issue in the community. In this regard, inhibiting a fireworks stand location on these Middle Bay parcels where there has never been a fireworks stand may not address the concerns that were expressed to staff, but then neither would the denial of this rezone request. LAND SUITABILITY: Parcels 1 and 2 are suitable for all land uses permitted in the RR2 zoning district. RECENT DEVELOPMENT TRENDS IN THE AREA: Parcel 1 was originally developed for business purposes and in 1993 it was rezoned from B- Business to RR1 -Rural Residential One and redeveloped for residential purposes. The surrounding area has been developed for a number of land uses over the years. Tract A, U.S. Survey 2735 has been used as a fish processing plant in the past. Tract B and adjoining parcels are used for agriculture and residential. Several lots have been created over the years that are 5 acres in area and developed primarily for residential purposes. Since the Leisnoi Native Corporation is now able to sell land after settling its legal issues, several property owners in the area have acquired the land between their U.S. Survey 2735 holdings and the nearby Chiniak Highway right -of -way. Staff Report - Page 6 of 8 Public Hearing Items 7 -E & 7 -F TRAFFIC IMPACTS: No major traffic impact is expected to occur from this rezone action, regardless of which zone is ultimately determined to be most appropriate in this situation. The Chiniak Highway is a state road with adequate improvements and maintenance support to sustain a substantial increase in traffic. Such an increase is not projected to occur from this request. RECOMMENDATION Staff recommends that the Commission forward these requests to rezone Parcel 1 and Parcel 2 to the borough assembly with a recommendation for approval of both rezones. An effective clause is also recommended that would make the zoning become effective upon the filing of a final plat for Case S11 -003 which would help to ensure that the replat goes to completion and that the mapping of the new zoning boundaries will coincide with the creation of those same boundaries by plat. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motion Parcel #1 Move to recommend a rezone from RR1 -Rural Residential One to RR2- Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case 511 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. Staff recommends that the preceding motion be APPROVED. Motion Parcel #2 Move to recommend a rezone from C- Conservation t4 RR2 -Rural Residential Two for a portion of Section 28, T29S, R2OW, Seward Meridian, a 1.42 acre parcel generally located between the Chiniak Highway and a Portion of U.S. Survey 2735 formerly known as the Old Rendezvous site, and to forward the case to the Borough Assembly with a recommendation for approval, subject to an effective clause that the rezoning will not become effective until a final plat is filed for Case S11- 003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF FACT for this case. Staff recommends that the preceding motion be APPROVED. Staff Report - Page 7 of 8 Public Hearing Items 7 -E & 7 -F Effective Clause for Cases 11 -027 and 11 -028: The rezones approved for Case 11 -027 and 11 -028 shall not become effective until the filing of a final plat as approved with conditions in Subdivision Case S11 -003. Findings of Fact for Cases 11 -027 and 11 -028: A. Findings as to need and justification for a change or amendments. The rezones are needed to consolidate the zoning of two parcels that are proposed to be consolidated by an approved preliminary plat. With the borough's GIS based zoning system it is difficult to map multiple zones on a single lot where there are no property boundaries to associate with the zoning boundaries. It is also bad policy to allow individual lots with multiple zoning districts. The acquisition of C- Conservation zoned land between the Chiniak Highway combined with a Portion of U.S. Survey 2735 (the Old Rendezvous site) moves the resulting site towards conformity with the character of the surrounding area. The resulting parcel will more than double in size to 2.56 acres with minimal change to the zoning and the lot will then have frontage on the Chiniak Highway. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. The proposed replat in Case 511 -003 serves as the catalyst for these rezones which will move the two parcels towards conformity with the overall character of the surrounding area. The application of RR2 -Rural Residential Two zoning would not allow future subdivision of the resulting lot and the list of permitted uses in the RR1 and RR2 zones are very similar. The petitioner has little chance of acquiring additional acreage to create a five (5) acre site that would conform to the C- Conservation zoning district. The RR2 zone therefore provides the best balance between the character of the surrounding area and conformity with the comprehensive plan designation for Conservation use. Staff Report - Page 8 of 8 Old Business Item 8 A &B P &Z Meeting July 20, 2011 Old Business Item VII B P & Z January 20, 2010 * * * * ** EXAMPLE OF PAST SIMILAR ACTION * * * * ** RECONSIDERATION MEMORANDUM DATE: January 8, 2010 TO: Planning and Zoning Commission FROM: Bud Cassidy, Community Development Department SUBJECT: Information for the January 20, 2010 Regular Meeting CASE: 10 -007 — Reconsideration of previous Commission decision to deny a rezone request) APPLICANT: Kodiak Island Borough Planning & Zoning Commission. REQUEST: Reconsideration of the Commission's vote to recommend denial on an investigation, according to KIBC 17.205, of a rezone from RR1- Rural Residential One to B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. LOCATION: 4210 Otmeloi Way ZONING: RR -1 Rural Residential Zoning District. Authority: This request for reconsideration is brought forth under the auspices of the adopted Bylaws of the Kodiak Island Borough Planning & Zoning Commission. Article IX section B of the Bylaws of the Commission provides: "In all manners of procedure not covered by rules adopted by the Commission, Robert's Rules of Order, Newly Revised (10 Edition) by Henry M. Robert, shall be applicable and shall govern." Robert's Rules of Order Chapter IX section 37 discusses Reconsiderations. Procedure: The action required for reconsideration of a previous decision is for a member of the prevailing side of the original vote and another member to file a "Reconsideration Affidavit" with the Borough Clerk's Office before 5:00 P.M. the day after the action was taken. This effort was made by Commissioner Ryser (who sat on the prevailing side of the vote) and Commissioner King (See Affidavit). Cases 11 -027 & 11 -028 Appendix Page 1 of 3 Case 10- 007 /Reconsideration SR Page 1 of 2 P & Z: January 20,2010 Old Business Item 8 A &B P &Z Meeting July 20, 2011 Old Business Item VII B P & Z January 20, 2010 As a result, the action the Commission will consider at your January 20 meeting is to first vote on the issue of reconsideration. That happens with the commission approving the following motion: RECOMMENDED MOTION Move to reconsider the action taken on Case No. 10 - 007 Discussion should focus on the reasons for filing the reconsideration. As the filer for the reconsideration, Member Ryser should speak first stating reasons that the membership should reconsider their previous vote.. ROLL CALL VOTE ON THE MOTION TO RECONSIDER If the motion to reconsider fails, the original action taken at the last meeting stands. The findings of fact that were adopted at the previous meeting are valid. That completes any commission's action in this case. If the motion to reconsider passes, the motion: "Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of lot 4, Block 5, Miller Point Subdivision from RR1 -Rural Residential One IQ B- Business is automatically before the Commission as if the original vote had not taken place. Debate on the motion occurs and a roll call vote on the motion is taken. Should the motion to rezone the parcel in question pass, findings of fact supporting the commission decision should be developed. Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. Cases 11 -027 & 11 -028 Appendix Page 2 of 3 Case 10- 007 /Reconsideration SR Page 2 of 2 P & Z: January 20,2010 Old Business Item 8 A &B P &ZWetigg July 20, 2011 Case 10 -007 RECONSIDERATION AFFIDAVIT Wandersee 1, L } frf ,ySCr , Planning and Zoning Commissioner, having voted on the prevailing side, fire my intent to reconsider the vote taken at the Planning and Zoning Commission Regular Meeting of December 15, 2009 on Case No. 10 -007, an investigation, according to KIBC 17.205, of a rezone from RR1 -Rural Residential One B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. /., c A Signature SUBSCR : r 4ttifba `• - to before me this 17 of Decemb r, � O A Notary Public In and For Alas _ - - ••t }',�+-, My Commission Expires:_J�4� ' V 1, I CI • 4 '� ' i n t , Planning and Zoning Commissioner, having voted on the prevailinmy intent o reconsider the vote taken at the Planning and Zoning Commission Regular Meeting o December 15, 2009 on Case No. 10 -007, an investigation, according to KIBC 17.205, of a rezone RR1 -Rural Residential One to B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. A'„tlii e. X Signature SUBSCRIBED AND to4efore me this 17 of December, 2009. 4 , if • = : • • • No is In and F •' Alaska PlAlly My Commission Expi /.ps: /61 5 — Ifisiii FILED with the Kodiak Island Borough Clerk's office this 17 day of December 2009. Nova v ier , Borough Clerk Cases 11 -027 & 11 -028 Appendix Page 3 of 3 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 13.C.3 TITLE: Ordinance No. FY2012 -08 Rezoning Property in Akhiok From RNC — Rural Neighborhood Commercial To PL- Public Use Lands SUMMARY: The Planning and Zoning Commission at its July 20, 2011 meeting held an advertised public meeting on Case 12 -007 and is recommending that the identified parcel be rezoned from RNC — Rural Neighborhood Commercial to PL — Public Use Lands, The Borough provides a "teacherage" (a dwelling unit) for the teacher and their family in Akhiok. The house is an older Pan Abode Cedar home. The Borough is in the process of fixing this structure including the removal of asbestos siding. It was discovered that it is presently in a zoning district that is not appropriate for the use. This change of zoning from RNC —Rural Neighborhood Commercial to PL— Public Use Lands will make this building as well as the Akhiok community building consistent with the zoning. APPROVAL FOR AGENDA: ` 04, RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -08 in first reading to advance to public hearing at the next regular meeting of the Assembly. Introduced by: Borough Manager 1 Requested by: P &Z Commission Drafted by: CDD Director 2 Introduced: 09/01/2011 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2012 -08 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 REZONING LOT 1, BLOCK 2, U.S. SURVEY 4926 FROM RNC- RURAL 11 NEIGHBORHOOD COMMERCIAL TO PL- PUBLIC USE LANDS 12 13 WHEREAS, this rezone request is for a site that is the location of two public facilities: the 14 Akhiok Community Building owned by the City of Akhiok and the residential housing unit 15 provided for Akhiok's teaching staff owned by the Kodiak Island Borough; and 16 17 WHEREAS, this lot has recently been subdivided creating two parcels: one parcel 18 includes the teacherage and generator shed and the other parcel includes the Akhiok 19 community building and former BIA fuel tanks; and 20 21 WHEREAS, it is the intent to transfer ownership of the parcel that the Akhiok teacherage 22 sits upon to the Kodiak Island Borough; and 23 24 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified 25 this area for public uses; and 26 27 WHEREAS, the commission held a properly noticed public hearing on this request and is 28 recommending that the Assembly approve the rezone of the above described parcel from 29 RNC —Rural Neighborhood Commercial to PL- Public Use Lands; and 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH THAT: 33 34 Section 1: This ordinance is not of a general and permanent nature and shall not 35 become a part of the Kodiak Island Borough Code of Ordinances; 36 37 Section 2: Lot 1, Block 2, U.S. Survey 4926 is rezoned from RNC- Rural Neighborhood 38 Commercial to PL- Public Use lands; 39 40 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 41 are hereby confirmed as follows: 42 43 17.72.020 A. Findings as to the Need and Justification for a Change or 44 Amendment. 45 The rezone of Lot 1, Block 4, U.S. Survey 4926, Akhiok Townsite from RNC Rural 46 Neighborhood Commercial to PL- Public Use Zoning District will eliminate 47 nonconformity while more appropriately supporting the public use of the existing 48 facilities on the property Kodiak Island Borough, Alaska Ordinance No. FY2012 -08 Page 1 of 2 49 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 50 the Objectives of the Comprehensive Plan. 51 The rezone of Lot 1, Block 4, US Survey 4926 Akhiok Townsite from RNC Rural 52 Neighborhood Commercial to PL- Public Use Zoning District will not have a negative 53 impact upon the current comprehensive plan. A rezone to PL- Public Use Zoning 54 District recognizes, and advances the objectives of the Kodiak Island Borough 2008 55 Comprehensive Plan Updates as it relates to the Village of Akhiok. 56 57 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 58 THIS DAY OF 2012 59 60 KODIAK ISLAND BOROUGH 61 62 63 64 65 Jerome M. Selby, Borough Mayor 66 67 ATTEST: 68 69 70 71 72 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2012 -08 Page 2 of 2 Discussion COMMISSIONER WATKINS MOVED TO AMEND motion to add a 2nd condition of approval that reads "All trails on this plat be shown by GIS coordinates." COMMISSIONER WATKINS stated we do have public trails crossing this lot in upland areas and close to the road. Several trails that have not been identified on the plat and we've been informed that that there is no expertise in staff in locating these trails. The borough has the equipment and the staff to get these coordinates to get these trails locked in. The public has been trying to get these Near Island trails locked in in for 20 years and this seems like a good opportunity. CONDITIONS OF APPROVAL 1. The applicant must provide updated parking plans for departmental review prior to final plat recording. 2. All trails on this plat be shown by GIS coordinates. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY L) Case 12 -007. Request a Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL- Public Use Land. The applicant is the City of Akhiok, and the agent is Bob Scholze, MB Resource Management Officer. The location is Lot 1, Block 4, U.S. Survey 4926, Akhiok Townsite, and the zoning is RNC -Rural Neighborhood Commercial. Dvorak stated this case is an ongoing effort by the City of Akhiok to convey to the Kodiak Island Borough a home in Akhiok that's been used as a teacherage. It wasn't owned by the borough and in the process of doing the plat and the conveyance it was discovered the property is zoned RNC that has a 2 acre minimum lot size which makes the subdivision proposed unable to be completed in this proposed configuration. The rezone would make the zoning of this parcel Public Use Land which would conform the use of the property. Staff recommends forwarding this to the Assembly with a recommendation of approval. COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve a Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL- Public Use Land, and to adopt the "Findings of Fact" in the staff report dated July 8, 2011as Findings of Fact for Case No. 12 -007. The public hearing was opened & closed: There was no public testimony. FINDINGS OF FACT 17 72 020 A Findings as to the Need and Justification for a Change or Amendment 7/20/2011 P &Z Minutes Page 13 of 18 The rezone of Block 4 Lot 1 Akhiok Townsite from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District will eliminate a nonconformity while more appropriately supporting the public use of the existing facilities on the property. 7.7 02 B. i' s a t e E t e or mend n wou have o th Obiectives of the Comprehensive Plan, The rezone of Block 4 Lot 1 Akhiok Townsite from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District will not have a negative impact upon the current comprehensive plan. A rezone to PL- Public Use Zoning District recognizes, and advances the objectives of the Kodiak Island Borough 2008 Comprehensive Plan Updates as it relates to the Village of Akhiok. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS COMMISSIONER BALDWIN requested to be recused from the two Old Business items due to a conflict ofinterest. A) Case 11 -027. Request Reconsideration of the vote for Case 11-027 requesting a rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. (Requested Commissioner Watkins and Commissioner Schmitt). Dvorak reported the 2 cases have 1 staff report. The commission held 2 public hearings on these last month and both cases were failed; votes were changed with the intent to give notice of reconsideration. A notice of reconsideration was filed the following day therefore; these cases come back for reconsideration. Staff provided you with a memorandum to step the commission through the process. COMMISSIONER SCHMITT MOVED to reconsider the vote on the main motion made in Case 11 -027 made at the June 15, 2011 regular meeting. I voted against this motion. CHAIR TORRES read the original motion into the record. ROLL CALL VOTE ON MOTION CARRIED 4 -2. The ayes were Alan Torres, Brent Watkins, Alan Schmitt, and Rick Vahl. The noes were Casey Janz and Bill Kersch. Dvorak stated he researched their questions from last week and found that regarding the status of sub - surface rights, he has a copy of the certificate to plat that was submitted with the preliminary plat. The related case that kind of preceded the rezoning or instigated the rezoning need and it states clearly that in the ANCSA conveyance of the Leisnoi parcel that they did not receive the sub - surface rights. With regards to ANCSA tax recapture Dvorak consulted with the Borough Assessing Department which gave him a 9 page Native Claims Settlement Act guidelines and there's a section in the back that talks about tax recapture upon subdivision plat recordation that basically allows the borough to go back 30 months from the time of recording at current property market values get what is referred to as tax recapture from these properties. On the final plat there's a certification block executed by the Borough Clerk's Office certifying that the taxes have been paid. In the case of tax recapture, the Assessing Department produces a special tax bill establishing a market value of the property and providing a year by year recapture analysis that is given to the native corporation 7/20/2011 P &Z Minutes Page 14 of 18 Public Hearing Item 7 -1 P &Z July 20, 2011 Location Request: A Rezone, according 00 KIBC $7.205, p 8g case 012 -007 07 1021 fl9 Block 4, ua,, & -r 4926 from RNC -Rural @Mg, CO Akhiok Neighborhood Commercial Q,D PL- Public IUD Land. Agent: Bob Scholze rA, a l & & _ @ � 4, � :ti -'nosh .t b e> c, .. -.f A —f. US-S 2 4926 - b r 4' $."` � f ` a,5 ' ' . ° • , L'r 2 c - i,. ✓'4 4*.j r -* r . y o + J l 9 ; ) r 1 44 r • L. ' £,s l Y . , s. 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Case No. 12 -007 Introduction Page 3 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 \CO O O 2 O O O O O C\ \ Case No. 12 -007 Introduction Page 4 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kcdiak,akus Applicant Information Property Information C/77 fi' AKHi0,? Ii-1 Property ID Numbees Prope avmer's name O. &hc COSO ter 1 B - ti Liss Watt Mkt( am T 1,4ti5 I Legal DeScriptlon Property owner's mating address • 1(IO . r� (fs,dl qg(41 Current Zoning: R4(— City State Zip Applicable Comprehensive Plan: 90 - Year of Plan adoption: • Home phone Work Phone E -mail Addr. Present Use of Property; WM evItA pt t J M)I4rv, w tn f,ctita f Agent's name (If applicable) Agent's mailing address Proposed Use of Properly 7 pyt2. • City State Zip • Hems phone Wolk Phone E-mail Addr. (Note: Use additional sheets, if needed, to provide a complete I , desai.6on of the proposed request.) Applicant Certification 1 hereby certify as the property awnerhauthorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that N is submitted in accordance with the requirements of t e app!kable Kodiak Island Borough Code, which includes a detailed she plan for variance and conditional use requests and which may • • include optional supporting documentation as Indicated below. X Additional Narrative/History As -built Survey _ Photographs Maps _ Other . ' rcperty wnel's Signature .. Date Authorized Agent's Signature Date A development plan tor one or more lots on which is shown the existing and proposed conditions of the lot, Including topography, vegetation, drainage. hood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of Ingress and egress; • circulation; utility services; structures and ',Mingo; signs and lighting: berms, buffers, and screening devices; surrounding development; and any ether information that reasonably may be required In order that an Informed derision can be made by the approving authority. • (Source: The New Illustrated Book of Development Definitions. 671993 by Rutgers University) STAFF USE ONLY PAYMENT VERIFICATION Code S Invoked: Variance (K!BC 17.66.020) 5250.00 1 Conditional Use Permit (KIBC 17.67.020.0) 5260.00 1 - Other (appearance re y site plan review. etc.) $150.00 • �( Zoning change from ; h' rev to PL (KIBC 17.72.030 and o30.C)' Applicatan received by. Staff signature - l 60ZZ9£8L06 >1 APO el £:60 14 SO unf Case No. 12 -007 Application Page 1 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 „...,- ,p. , _.. Kodiak Island 1 orough �^ Resource Management A, y : ± ,, ` d\ e 710 Mill Bap Road 1 Kodiak, Alaska 99615 B8 ' ..�£- Phone (907) 486 -9351 Fax (907) 486 -9395 ° E -mail: rscholze@ kodiakak.us To : Planning and Zoning Commission From : Bob Scholze, Resource Management Office : June 1, 2011 Re : Rezone: Lot 1, Bk. 4, Akhiok Townsite, 11 S. Survey 4926, This rezone request is companion to Case SI 1 -016, which was considered by the Commission at its June, 2011 meeting. That subdivision case proposed to divide a property owned by the City of Akhiok into two lots in order to isolate the teacherage supporting the Akhiok school on an individual lot. However, as was pointed out in the staff report for that case, the existing Rural Neighborhood Commercial (RNC) zoning is not appropriate for a couple of reasons. The minimum lot size in the RNC zoning district is two (2) acres. When this 1.77 acre lot was rezoned from RI to RNC in 1995, the minimum lot size for RNC was one acre. The lot became nonconforming as a result of an ordinance change in 2000 that increased the RNC lot minimum from one to two acres. This nonconformity would only be exacerbated by a subdivdision which now would create even smaller lots. As further noted in the staff report for S11 -016, the existing community building, which will remain on proposed Lot I A, falls neatly within the description and intent (KIBC 17.130.010.A) of the PL Public Use zoning district identifying lands owned by governments for a public purpose. The teacherage, which will remain on proposed Lot IB, will also serve a public purpose as accessory to the public education function of the school. The language of the City of Akhiok resolution ( #2011 -06) restricts future use of this residence to teacher housing. This rezone will eliminate a nonconformity while more appropriately supporting the public use of the existing facilities on the property. Case No. 12 -007 Application Page 2 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 May 031110:18a City of Akhiok 9078362209 p.1 City of Akhiok P.O. Box 5050 Akhiok, Alaska 99615 • Ph: (907)836 -2229 Fax: (907)836 -2209 Resolution 2011 -06 WHEREAS, the City of Akhiok is a recognized Second Class City of the State of Alaska, NOW THEREFORE BE IT RESOVED, by a duly appointed quorum of the City Council that the City ofAkhiok resolves to quit claim deed to the Kodiak Island Borough the proposed lot- Block 4, lot -1B- survey 49 -26 for the sole purpose to be used as the teacher's housing from this day forward. Ocina(A, , 4)(w/ O . Apr 21p zol! Linda Amodo, Mayor of Akhiok Date G2 it W! > — Z I Roger McCoy, City Manager _ /-- Date Case No. 12 -007 Application Page 3 of 4 Kodiak Island li Journal Edit: Journal Reclassification Department Number Type Sub Ledger OIL Date Descrip:: : Source Reference Journal Type 120 - Finance 2011 - 00002589 JE GL 06/01/2011 AKHIO.1 CHAN(d, G/1, Date G/L Account Number Account Description Description Source Debit Amount Credit Amount 06/01/2011 100101.100 Cash lo Bank- Wells Fargo AKHIOK ZO'' 750.00 06/01/2011 100 -000 322.170 Zoning Change Fee AKHIOK ZO l . 750.00 nlries: 2 3750.00 3750.00 n N N 0 z O N O O D a 0 0 tzt 0 0) (0 0 a 0 - 0 13 90 C N � n C = m N O 7 N CQ O — 3 User: Marilyn Ordal 1' • : 6/1/2011 4:05:46 PM Public Hearing Item 7 -1 P &Z July 20, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 June 9, 2011 Public I- Iearing Item 7 -I PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 20, 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: 12 - 007 APPLICANT: City of Akhiok AGENT: Bob Scholze, KIB Resource Management Officer REQUEST: A Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsitc) from RNC -Rural Neighborhood Commercial to PL- Public Use Land. LOCATION: Lot 1, Block 4, U.S. Survey 4926, Akhiok Townsite ZONING: RNC -Rural Neighborhood Commercial 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, July 5, 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 ssmith65 kodiakak.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, July 13, 2011 a work session will be held at 6:30 p.ni. 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. 12 -007 Public Comment Page 1 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 Current Location Request a Rezone, according to KIBC Akhiok Townsite, 17.205, of Lot 1, Block 4, U.S. Survey Block 4, Lot 1 P & Z Case 12 -007 4926 (Akhiok Townsite) from RNC -Rural City of Akhiok/ Neighborhood Commercial to PL- Public Bob Scholze Use Land. CI7 7- jr— S J J Approximate Location ( f fl / Kodiak Island Borough GIS Feet r W. 0 480 960 1,920 1 t r 1 1 r r ) Legend This map was prepared from the Kodiak Island Borough's GIS System. It is provided far 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. 12 -007 Public Comment Page 2 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 CITY OF AKHIOK NICK PETERSON SR FRED COYLE PO 130X 5050 AKHIOK, AK 99615 PO BOX 2071 AKHIOK, AK 99615 KODIAK, AK 99615 RENA COHEN WALTER SIMEONOFF SR EST/BIA NINA DEMIDOFF AKHIOK RURAL STATION C/0 BIA 1207 4111 AVE, APT 3 AKHIOK, AK 99615 1675'C' ST. KENAI, AK 99611 -7665 ANCHORAGE, AK 99501-5198 STEVEN FARSOVITCH RALPH ELUSKA SR EPHRA PETERSON ESTATE ETAL C/0 ANDREW CHRISTOFFERSON 5028 MILLS DR. C/O BIA 1516 E. REZANOF DR ANCHORAGE, AK 99508 1675 'C' ST KODIAK, AK 99615 ANCHORAGE, AK 99501 BIA/ESTATE OF VERA INGA ALLAN BREITZNIAN TRUSTEE JUDY ELUSKA ETAL C/0 BIA ANCHORAGE REALTY 701 C ST C/O BIA ANCHORAGE REALTY 3601 C STREET, SUITE 1100 ANCHORAGE, AK 99513 3601 C STREET, SUITE 1100 ANCHORAGE, AK 99503.5947 ANCHORAGE, AK 99503 -5947 EPHRAZINNIA PETERSON ESTATE NIARTHA ROZELLE GARY ROZELLE SR AKHIOK RURAL STATION PO BOX 5033 PO BOX 5033 AKHIOK, AK 99615 AKHIOK, AK 99615 AKHIOK, AK 99615 JUSTIN PHILLIPS ALLAN BREITZMAN TRUSTEE OLGA SIMEONOFF ESTATE OF MINEY AGNOT 701 C ST PO BOX 5025 PO BOX 5014 ANCHORAGE, AK 99513 AKHIOK, AK 99615 AKHIOK, AK 99615 PAUL RAIDMAE KELLY COYLE SENAFANT ZEEDAR PO BOX 1604 C/0 BIA AKHIOK RURAL STATION VALDEZ, AK 99686 1675 STREET AKHIOK, AK 99615 ANCHORAGE, AK 99501 -5198 KODIAK ISL HSG AUTHORITY BILLY RASTOPSOFF NINA PHILLIPS 3137 MILL BAY RD PO BOX 5001 P O BOX 5005 KODIAK, AK 99615 AKHIOK, AK 99615 AKHIOK, AK 99615 LAURIE SIMEONOFF ALBERT SIMEONOFF SR COSTIA INGAJR PO BOX 8775 PO BOX 5038 PO BOX 5061 KODIAK, AK 99615 AKHIOK, AK 99615 AKHIOK, AK 99615 PHYLLIS AMODO EDWIN ANDERSON III JOHN MURRAY PO BOX 5069 PO BOX 2174 PO BOX 206 AKHIOK, AK 99615 KODIAK, AK 99615 ASOTIN, WA 99402 Case No. 12 -007 Public Comment Page 3 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 KODIAK ISL HSG AUTHORITY SPERIDON SIMEONOFF ROBERT SIMEONOFF JR. 3137 MILL BAY RD PO BOX 5008 8441 BERRY PATCH RD KODIAK, AK 99615 AKHIOK, AK 99615 ANCHORAGE, AK 99502 MARY PETERSON PO BOX 5015 AKHIOK, AK 99615 Case No. 12 -007 Public Comment Page 4 of 4 Public Hearing Item 7 -1 P &Z July 20, 2011 MEMORANDUM DATE: July 8, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the July 20, 2011 Regular Meeting CASE: 12 -007 APPLICANT: City of Akhiok AGENT: Bob Scholze REQUEST: A Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL- Public Use Land. LOCATION: Lot 1 Block 4 United States Survey 4926 (Akhiok Townsite) ZONING: Rural Neighborhood Commercial. Thirty seven (37) public hearing notices were mailed on June 9, 2011. Date of site visit: None 1. Zoning History: The 1968 Comprehensive Plan did not address this area. Ordinance 1977 -15 zoned all previously unclassified lands within the Borough to Conservation. Ordinance 1977 -19 zoned all lands within the corporate limits of the Borough villages from Conservation to R -1 Single Family Residential Zoning District. Ordinance 1995 -11 rezoned the subject property to Rural Neighborhood Commercial. 2. Lot Size: 77,326 square feet (1.78 acres). 3. Existing Land Use: Single Family Residence & Community building. 4. Surrounding Land Use & Zoning: North: Block 3 Lots 6 thru 10 Use: Vacant Zoning: R -1 Single Family Residential Zoning District South: Block 7 Lots 1 thru 3 Use: Vacant Zoning: R -1 Single Family Residential Zoning District (municipal reserve) East: Block 5 Lot 1 & Block 6 Lot 1 Use: Vacant Zoning: R -1 Single Family Residential Zoning District (municipal reserve) Appendix page 1 of 8 Case No. 12 -007 Staff Rpt Page 1 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 West: Block 4 Lot 2 Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning District West: Block 9 Lot Lots 1 thru 4 Use: Single Family Residence & vacant Zoning: R -1 Single Family Residential Zoning District 5. Comprehensive Plan: The 1968 Comprehensive Plan does not address this area. The Kodiak Island Borough 2008 Comprehensive Plan Update depicts this area as PL- Public Use Zoning District. 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: KODIAK ISLAND BOROUGH TITLE 17 - ZONING KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one 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 office, 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 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. KODIAK ISLAND BOROUGH TITLE 17.130 Public Lands Zoning District The Appendix to this staff report contains the complete recitation of the applicable zoning district. COASTAL MANAGEMENT APPLICABLE POLICIES Staff has not identified any portion of the Coastal District's management program applicable to this request. 2 Appendix page 2 of 8 Case No. 12 -007 Staff Rpt Page 2 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 STAFF COMMENTS This is the companion action to Case No. 311 -016 decided by the Commission at the regular meeting of June 15, 2011. The commission approved the subdivision of Block 4 Lot 1, Akhiok Townsite subject to one condition of approval that required a rezone prior to final plat recording. The applicants have submitted this request for rezone in order to comply with that condition of approval. Conformance with the Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan Update and the 1986 Akhiok Comprehensive Plan are seemingly at odds with each other when addressing this particular location. As noted earlier, the KIB 2008 Plan depicts the locale as PL- Public Use Zoning District. The Akhiok 1986 Plan states a preference for "a centrally located commercial and business enterprise core district with mixed residential use.' This inconsistency may partially explain the zoning anomaly brought to light by the recent subdivision action. The 1995 rezone of this property to Rural Neighborhood Commercial was presumably for the purpose of supporting the enterprise core district and allowing for the residential teacherage. Reconciling the two goals is not impossible. There is apparently sufficient land area along the northern portion of the subject property to allow for a future subdivision of land dedicated to business use, should the opportunity present itself in the future. Zoninq /use: The PL- Public Use Zoning District is established as a land use district for publicly owned land containing recreational, educational and institutional uses. Dedicated as a teacherage, the dilapidated residence (scheduled for renovation) is supporting the local educational efforts. The community building serves a variety of functions. According to the 2008 Village profile, this building houses the Tribal Council, Post Office, and community store. A PL- Public Use Zoning District designation is the most appropriate zoning district option and preserves the greatest flexibility for local decision makers. Land Suitability: The subject property contains sufficient land area to support the current use(s). The subject property is served by municipal water and sewer services. Bounded on all four sides by public rights -of -way, access is assured. 3 Appendix page 4 of 8 " Appendix page 6 of 8 Case No. 12 -007 Staff Rpt Page 3 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 Recent Development trends in the area: Development within the Townsite of Akhiok has been negligible for many years. The trend will continue as population declines continue for all Kodiak Island Borough villages. Traffic impacts: No additional traffic impacts are anticipated as a result of this action to rezone. 5 Appendix page 7 of 8 Case No. 12 -007 Staff Rpt Page 4 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a Rezone, according to KIBC 17.205, of Lot 1, Block 4, U.S. Survey 4926 (Akhiok Townsite) from RNC -Rural Neighborhood Commercial to PL- Public Use Land, and to adopt the "Findings of Fact" in the staff report dated July 8, 2011 as Findings of Fact for Case No. 12 -007. CONDITION OF APPROVAL None FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone of Block 4 Lot 1 Akhiok Townsite from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District will eliminate a nonconformity while more appropriately supporting the public use of the existing facilities on the property. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Block 4 Lot 1 Akhiok Townsite from R -1 Single Family Residential Zoning District to PL- Public Use Zoning District will not have a negative impact upon the current comprehensive plan. A rezone to PL- Public Use Zoning District recognizes, and advances the objectives of the Kodiak Island Borough 2008 Comprehensive Plan Updates as it relates to the Village of Akhiok. Case No. 12 -007 Staff Rpt Page 5 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 \U O O O O O C\ � Case No. 12 -007 Staff Rpt Page 6 of 6 Public Hearing Item 7 -1 P &Z July 20, 2011 r — vc ; 5 64: 'a i:RESUBQ US 4 S'gJ -Kt. 42-4. ' 44 . i k ; S}� ` r} \; s v4 Poiorsik89vP3� ; '„Ct C�` .x, : Y 5 @ � �.,: w� � L ea ,�� .a x: ^ ilbr Ow17 to �,/ 1 It f � _, .f � r >- J� ; 1 „F t .'fK �� f��4 :-I. "; t U� � "` ill c r ep ®ia r` "`} ' i t 5 s ."4 5 A w .4 >6A4 y ? t '�e r. , ,l %y4 ' o n f 11 I 1 ...I:1' \ s e' Jr J ♦ ;l .J fi r „` r _ ` r - 4P g ,- p f.E1r�� r' If lo l � e I t1! VAT, ll I itni � j n , P . 1 ,iI :. . �� tl A i n r w• y ,,, .' ' - � hr VV ' I t t y ,fl G • 4 , 3 jr. ,Y 1 ►' r r" toe � v t, £P q • �,� ' Ilk :tin ire r y � « 5 r « y a �1', 1 r . t 4 - SS 1 !( c voter C � �1� -. 4 � ' � ;; 2,4 1) � . f91; i ti p �� '��...F� ■ A II r ? tom ;; a s 4 �� "' 1 ` gin ' ` , ' «.:?rir a ,, 1 `Zr tilde i Is , . .. . 0 r + , tl 4 19�F1 1r�A -� h •y l _ r- I 4�,;,; r ` s: ` ` r3_ ,i 2 �to _... , i y .,.. , ,s,...- - — - a 'a, n m fi - ara U a, 'yr< T tYD-1 4 ��,`'.,�,\ �` _.� r- , ..I „r+ ....Pt i.aC; py M�NN T' " Qoid to s }� r s... • z CTy M ARMtleitE 4 : v } } -b ' / � � + ,1 :!. t "l B k t A A , - f y '" r ` "t ; k ! "LJ l:�. Case No. 12 -007 Appendix Page 1 of 8 Public Hearing Item 7 -1 P &Z July 20, 2011 Chapter 17.130 PL — PUBLIC USE LANDS DISTRICT Sections: 17.130.010 Description and intent. 17.130.020 Permitted uses. 17.130.030 Conditional uses. 17.130.040 Area requirements. 17.130.050 Yards. 17.130.060 Building height limit. 17.130.010 Description and intent. The PL public use lands zoning district is established as a land use district for publicly owned land containing recreational, educational and institutional uses. For the public lands district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To identify lands owned by governments that are used for public purposes; B. To prohibit residential, commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of public services in the district; and C. To encourage the discontinuance of existing uses that are not permitted under this chapter. [Ord. 83- 18-0 §2, 1983. Formerly §17.33.010]. 17.130.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: A. Cemeteries; B. Community buildings and halls; C. Fire stations; D. Gymnasiums; E. Hospitals; F. Libraries; G. Museums; H. Nursing homes; I. Offices for local, state and federal governments; J. Open air theaters; K. Parks, playgrounds, playfields, and open space; L. Recreation centers; M. Sanitariums; N. Schools, public and private; 0. Swimming pools; and P. Utility installations. [Ord. 83 -18 -0 §2, 1983. Formerly §17.33.020]. 17.130.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Airports; B. Correctional facilities; C. Dormitories; D. Governmental maintenance and service facilities and storage yards; E. Natural resource extraction; F. Solid waste disposal sites; and G. Radio and television transmitters. [Ord. 83 -18 -0 §2, 1983. Formerly §17.33.030]. Case No. 12 -007 Appendix Page 2 of 8 Public Hearing Item 7-1 P &Z July 20, 2011 17.130.040 Area requirements. A. Lot Area. The minimum lot area required is 7,200 square feet. B. Lot Width. The minimum lot width required is 60 feet. [Ord. 83 -18 -0 §2, 1983. Formerly §17.33.040]. 17.130.050 Yards. A. Front Yard. The minimum front yard required is 25 feet. B. Side Yard. The minimum yard required on each side of a principal building is 10 percent of the lot's width but need not exceed 25 feet. The minimum required side yard on the street side of a corner lot is 25 feet. C. Rear Yard. The minimum rear yard required is 25 percent of the lot's depth but need not exceed 25 feet. [Ord. 83 -18 -0 §2, 1983. Formerly §17.33.050]. 17.130.060 Building height limit. The maximum building height is 50 feet. [Ord. 83 -18 -0 §2, 1983. Formerly §17.33.060]. Case No. 12 -007 Appendix Page 3 of 8 - DRAFT- 6/12/2007 i �! r in co u r z Ilirlist a O o O s s � Y z.. O V r CD 114:1 ' l 4... O 4e{ co h i T 4 k \ U N Q L (j C _ =T. IV � N NW O _ Kodiak Island Borough - Akhiok: Proposed Future Land Use s V Conservation n Mixed residential /commercial /open space Kodiaklsland Q Public Use n Mixed use (residential and commercial) BOROUGH � Comprehensive Plan Update < - �'• Source: Kodiak Island Borough GIS, 2006 Public Hearing Item 7-1 P&Z July 20, 2011 AKHI0K COMPREHENSIVE PL AN • . • . • • - - • tq. • . . • .t; 10;1- . • . - - r Case No. 12-007 Appendix Page 5 of 8 Public Hearing Item 7 -1 P &Z July 20, 2011 LAND USE GOAL To maintain the general pattern of existing land uses while providing suitable land use areas for future community growth. Objective 1: Encourage the Kodiak Island Borough to establish and adopt a mixed use zoning district that will allow flexibility in locating new land uses supported by the community. Objective 2: Encourage the Kodiak Island Borough to give preference to locally developed land use plans as a guide for future land use decisions. Objective 3: Designate and provide for additional industrial growth areas for development of the mariculture industry. Objective 4: Direct residential expansion towards higher elevations to the north and northwest of the existing residential areas to minimize the potential for damage from catastrophic events. Objective 5: Maintain a centrally located commercial and business enterprise core district with mixed residential use. Objective 6: Protect historically and archaeologically significant lands. AKHIOK COMPREHENSIVE PLAN & CIP 67 SEPTEMBER 1986 Case No. 12 -007 Appendix Page 6 of 8 Public Hearing Item 7 -1 KODIAK ISLAND BOROUGH P &Z Jul 20, 2011 POPULATION FIGURES y Alaska Population Estimate 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 Akhiok 71 Aleneva 37 Chiniak 47 Karluk '37 Kodiak 6,130 USCG Base 1,301 Larsen Bay 87 Old Harbor 218 Ouzinkie 161 Port Lions 194 Womens Bay 719 Remainder of Bor ough _ 4,590 TOTAL 13,592 Alaska Population Estimate 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 Akhiok 51 48 36 41 42 57 51 49 57 80 Aleneva 67 57 61 46 46 44 59 96 88 68 Chiniak 48 44 44 41 52 50 49 56 53 50 Karluk 38 38 40 34 35 32 28 27 29 27 Kodiak 6,626 6,541 5,796 5,670 6,139 6,210 6,109 6,100 6,173 6,334 USCG Base 1,321 1,235 1,974 1,887 1,977 1,764 2,189 1,939 1,758 1,840 Larsen Bay 79 68 89 83 97 96 95 107 113 115 Old Harbor 193 185 201 179 200 198 211 226 236 237 Ouzinkie 170 168 166 172 189 187 172 189 204 225 Port Lions 200 191 193 196 220 240 233 227 246 256 Womens Bay 740 792 747 759 704 689 681 684 683 690 Remainder of Borough 4,327 4,587 4,317 4,349 3,992, 4,006. 3,940 . 3;943' 4,025 3,991 TOTAL 13,860 13,954 13,664 13,457 13.693 13,573 13,817 13,643 13,565 13,913 Alaska Population Estimate 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 Akhiok 101 109 101 84 80 86 78 77 77 93 Aleneva 0 0 0 0 0 0 0 0 0 0 Chiniak 75 75 71 75 83 143 75 150 150 0 Karluk 41 48 48 57 58 65 74 71 71 82 Kodiak 6,893 6,859 6,749 6,869 7,620 7,428 7,581 7,229 7,229 6,787 USCG Base 1,831 1,703 1,746 1,871 2,049 2,066 2,016 " 2;129 2 ; 129 '2129 Larsen Bay 137 127 120 127 130 153 144 147 147 149 Old Harbor 276 297 301. 316 310 311 307 284 284 322 Ouzinkie 256 252 246 259 259 221 210 209 209 216 Port Lions • 243 242 239 264 263 264 259 222 222 300 Womens Bay 675 674 662 672 749 746 674 843 843 0 Remainder of,Borough 3,461 3,462 3,898 3,464 3,799 4,092 3,827 4,174 4,174 5,601 TOTAL 13,989 13,848 14,181 14,058 15,400 15,575 15,245 15,535 15,535 15,679 \ \ Dove \ departments \CD \U -CD -19 Econ Data \ Census \2010 Census Data.xlsx 1 oft Case No. 12u&OR4A3W6ntlix Page 7 of 8 Public Hearing Item 7 -1 KODIAK ISLAND BOROUGH P &Z July 20, 2011 POPULATION FIGURES Alaska Population Estimate 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 Akhiok 93 123 109 103 103 103 103 103 n/a n/a Aleneva 0 0 0 0 0 0 0 0 n/a n/a Chiniak 0 0 0 0 0 0 0 185 n/a n/a Karluk 82 107 102 102 102 102 102 102 n/a n/a Kodiak 6,774 6,774 6,681 6,668 6,602 6,469 6,072 5,873 n/a n/a USCG Base 1,995 1,995 1,995 1,995 1,995 1,995 1;995 1,995 n/a n/a Larsen Bay 149 169 217 180 180 180 180 180 n/a n/a Old Harbor 322 380 380 . 355 ..355 355 355 355 n/a n/a Ouzinkie 204 204 235 233 233 233 233 233 n/a n/a Port Lions 300 296 302 291 291 291 291 291 n/a ' n/a Womens Bay 0 0 0 0 0 0 0 521 n/a n/a Remainder of Borough 5,639 ' 5,527 4,187 4,025 3,887 3,661 3,748 2;876 n/a n/a TOTAL 15,558 15,575 14,208 13,952 13,748 13,389 13,079 12,714 n/a n/a Federal Census 2040 2030 2020 2010 2000 1990 1980 Akhiok 71 80 77 105 Aleneva 37 68 0 0 Chiniak 47 50 69 0 Karluk 37 27 71 96 Kodiak 6,130 6,334 6,365 4,756 USCG Base . 1,301 1,840 2;025 1,370 Larsen Bay 87 115 147 168 Old Harbor 218 237 284 340 Ouzinkie 161 225 209 173 Port Lrons 194 256 222 215 Womens Bay 719 690 620 0 Remainder of Borough 4,590 3;991 3,220 2,716. TOTAL 13,592 13,913 13,309 9,939 \ \ Dove \departments \CD \U -CD -19 Econ Data \Census \2010 Census Data.xlsx 2 oft Case No. 121,9417 Page 8 of 8 KODIAK ISLAND BOROUGH AGENDA STATEMENT SEPTEMBER 1, 2011 REGULAR MEETING ITEM NO: 13.D.1 TITLE: State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Roads End, Chiniak, Alaska, License No. 5100 (Applicant: Janice & Norman Botz). • SUMMARY: The Roads End filed an application for a Restaurant Designation Permit with the Alcoholic Beverage Control Board that allows access of persons under 21 years of age to designated licensed premises for purposes of dining, and persons under the age of 19 for employment, pursuant to 15 AAC 104.715 -795 and AS 04.16.049. AAC, Title 13, Chapter 104 -725 (e) stipulates that an application for a new restaurant designation must be approved by the local governing body having jurisdiction over the area in which the licensed premises exists. Therefore, the ABC Board forwarded the application to the Borough for Assembly approval. • APPROVAL FOR AGEND RECOMMENDED MOTION: Move to Approve the State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Roads End, Chiniak, Alaska, License No. 5100 (Applicant: Janice & Norman Botz). State of Alaska Department of Public Safety � T Alcoholic Beverage Control Board _ Sean Parnell, Governor `'" ° "';" Joseph A. Masters, Commissioner July 29, 2011 State of Alaska - DEC State of Alaska — Fire Marshall Attn: Mike Gardner Attn: Tim Fisher Mike.gardner @alaska.gov timothy.fisher@alaska.gov SUBJECT: Notification of an application for the following application: A RESPONSE IS REQUIRED D/B/A: Roads End TYPE OF LICENSE: Restaurant Eating Place FOOD SERVICE PROVIDED: OYES ONO ❑UNKNOWN APPLICANT: Janice & Norman Botz PREMISES ADDRESS: 43844 Chiniak Hwy., Chiniak BUSINESS PHONE: 907 -486 -0438 MAILING ADDRESS: PO Box 5508, Chiniak, AK 99615 TENTATIVE APPROVAL EXISTING FACILITY 0 FINAL APPROVAL NEW BUILDING ❑ NO OBJECTION TO ISSUANCE PROPOSED BUILDING ❑ OF LIQUOR LICENSE SIGNATURE /COMMENTS: Christine C. Lambert Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Road - Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 1 STATE OF ALASKA ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT - AS 04.16.049 & 15 AAC 104.715 -794 FEE: $30.00 The grunting of this permit allows access of persons under 21 years of age lo designated licensed premises for purposes of dining, and and persons under the age of 19 for employment. If for employment, please state in detail. how the person will be employed duties. etc. (13 AAC 104.745). This application is for designation of premises where : (please mark appropriate items). 1 X Under AS 04.16.010(c) Bona fide restaurant/eating place. 2 Persons between 16 & 21 may dine unaccompanied. 3 Persons under 16 may dine accompanied by a person 21 years or older. 4 Persons between 16 and 19 years may be employed. (See note below). LICENSEE: . n fl [ C e f 4' f\Ir) ((Clcq f\ (U0 7i D/B /A: V1/(�d,5 Lnc-1 • ADDRESS: 43 g y y C? Hours of Operation: / J , p/1j to 7!Telephone* 9 0 7 - y St • el V3 c27 Have police ever been called a our premises by you or one else for any reason: [ 1 Yes jXj No If yes, date(s) and explanation(s). 3. Duties of employment: r " •t` . ,' ;- • ,'.ghPr hi: }rt bier. 4: Are video games available to the public on your premises? Cr Do you provide entertainment: [ 1 Yes No No If yes, describe. e How is food served? Table Service Buffet Service Counter Service Other' f7? Is the owner, manager, or assistant manager always present during business hours? ix Yes [ ] No A MENU AND A DETAILED LICENSED PREMISES DIAGRAM MUST ACCOMPANY THIS. APPLICATION '., This permit remains in effect until the liquor license is transferred OR at the discretion of the Alcoholic Beverage Control Board. (13 AAC 104.795) 1 artily that 1 have read AS 04.16.049, AS 04.16.060, 13 AAC 104.715-795 and have instructed my employees about provisions con tYIA.0 x . /- "APPlicmnt(s)'si�iiat `�} Application approved (13 AAC 104.725(e) Subscribed and sworn to before me thi Governing Body Official / /'`1111 e day of •�j �,.� }p� .�'D I [Nester Publi nand for,Alaska My Commission expires MI AAC/ (4', .245/J Director, ABC Board Date: NOTE: AS 04.16.049(c) requires that written parental consent and an exemption by the Department of Labor must be provided to the licensee by the employee who is order 19 years of age. Persons 19 and 20 years of age are not required to have the consent or exemption. Describe how food is served on back of fore. Notary Public l� VILMA 0. 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Cr %II 6' t Ed— ‚° -5---c+,----- !Z --c.f. 6.6 4 -4+a- 5 "—tie-- s 3 4. ---eti--- 1 • i eat IC 1 . 1 Kodiak Island Borough Assembly Regular Meeting Guidelines September 1, 2011, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse any Assembly members who may be 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: *Regular Meeting Minutes of July 21, 2011, and August 4, 2011. *Resolution No. FY2012 -07 Appointing a Member to the Kodiak Fisheries Development Association. *Resolution No. FY2012 -09 Authorizing the Approval of a Lease with the City of Kodiak for Office Space and a Proportional Share of Common Area Within the Kodiak Island Borough Building. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of July 21, 2011, and August 4, 2011. 6. AWARDS AND PRESENTATIONS A. National Moment of Remembrance of September 11 Proclamation 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: 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 Kodiak Island Borough Assembly Guidelines September 1, 2011 Page 1 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2012 -05 Rezoning Tract C, Block 2, Ouzinkie Townsite Subdivision (U.S. Survey 4871), From R1- Single Family Residential To PL- Public Use Land. Recommended motion: Move to adopt Ordinance No. FY2012 -05. Clerk's Note: 43 public hearing notices were mailed on August 19, 2011. No public hearing responses were received by the Clerk's office. Staff Report — Manager Gifford Open public hearing. Read phone number: 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. B. State of Alaska Alcoholic Beverage Control Board Request for NEW Liquor License Application for the Roads End, Chiniak, Alaska, License No. 5100 (Applicants: Janice & Norman Botz). Recommended motion: Move to voice NON - PROTEST to the State of Alaska Alcoholic Beverage Control Board for the NEW liquor license application for the Roads End, Chiniak, Alaska, License No. 5100 (Applicants: Janice & Norman Botz). Clerk's Note: 12 public hearing notices were mailed on August 15, 2011. No public hearing responses were received by the Clerk's office. Staff Report — Clerk Javier • Open public hearing. Read phone number: 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. Kodiak Island Borough Assembly Guidelines September 1, 2011 Page 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2012 -10 Kodiak Landfill Baler Building Overhead Door Replacement Project. Recommended motion: Move to authorize the Manager to execute Contract No. FY2012 -10 with Brechan Enterprises of Kodiak, Alaska for the Kodiak Landfill Baler Building Overhead Door Replacement Project in an amount not to exceed $95,000. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2012 -11 Project Management Software. Recommended motion: Move to authorize the Manager to execute Contract No. FY2012 -11 with e- Builders Incorporated of Plantation, Florida for Project Management Software in an amount not to exceed $85,000. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Contract No. FY2012 -13 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. Recommended motion: Move to authorize the Manager to execute Contract No. FY2012 -13 with MK Construction of Kodiak, AK for the Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1 for time and materials based on the bid schedule for the period of July 1, 2011 to June 30, 2013. . Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. *Resolution No. FY2012 -07 Appointing a Member to the Kodiak Fisheries Development Association. 2. *Resolution No. FY2012 -09 Authorizing the Approval of a Lease with the City of Kodiak for Office Space and a Proportional Share of Common Area Within the Kodiak Island Borough Building. Kodiak Island Borough Assembly Guidelines September 1, 2011 Page 3 3. Resolution No. FY2012 -10 Authorizing the Submission of an Application to the Alaska Energy Authority Renewable Energy Fund Grant Recommendation Program, Round V, for Design and Construction of a Ground Source Heat Pump System in the Kodiak High School. Recommended motion: Move to adopt Resolution No. FY2012 -10. Staff report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2012 -06 Rezoning a Portion of U.S. Survey 2735 From RR1— Rural Residential 1 (One Acre) To RR2 —Rural Residential 2 (Two Acres) (Jay Johnston). Recommended motion: Move to adopt Ordinance No. FY2012 -06 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. / 2. Ordinance No. FY2012 -07 Rezoning an Unsubdivided Portion of Section 28, Township 29S Range 20 West Seward Meridian From C- Conservation To RR2- Rural Residential Two Acres (Leisnoi, Inc.). Recommended motion: Move to adopt Ordinance No. FY2012 -07 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. 3. Ordinance No. FY2012 -08 Rezoning Property in Akhiok From RNC -Rural Neighborhood Commercial To PL- Public Use Lands. Recommended motion: Move to adopt Ordinance No. FY2012 -08 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. Kodiak Island Borough Assembly Guidelines September 1, 2011 Page 4 D. Other Items 1. State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Roads End, Chiniak, Alaska, License No. 5100 (Applicants: Janice & Norman Botz). Recommended motion: Move to Approve the State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Roads End, Chiniak, Alaska, License No. 5100 (Applicants: Janice & Norman Botz). Staff report — Clerk Javier Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: 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 on Monday, September 5, 2011, in observation of Labor Day. The Assembly and City Council will hold a Joint Work Session on Tuesday, September 13, 2011, at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session will be held on Thursday, September 8, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly is scheduled on Thursday, September 15, 2011, at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines September 1, 2011 Page 5 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET i� Regular ✓ Special Date: 01 D1) apt Convened: Recessed: Reconvened: Adjourned: BY: BY: 3 - 04 ,_, BY: pla t v BY: V e / r r BY: \I t e SECOND: SECOND: SECOND: SECOND: 1 , SECOND: po- brof U.\ V d.,01P--06 YES NO ` YES NO YES NO YES NO - YES NO Ms. Austerman ✓ Ms. Austerman Ms. Austermay, / Ms. Austerman ✓ Ms. Austerman / 1 Mr. Friend ✓ Mr. Friend Mr. Friend ✓ Mr. Friend Ar ✓ Mr. Friend t / Ms. Fulp ✓ Ms. Fulp Ms. Fulp / Ms. Fulp Ms. Fulp i Ms. Jeffrey V, Ms. Jeffrey Ms. Jeffrey ✓ Ms. Jeffrey ✓ Ms. Jeffrey Mr. Kaplan V i / Mr. Kaplan Mr. Kaplan _ / Mr. Kaplan Mr. Kaplan 1 / Ms. Lynch Vi Ms. Lynch Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch Ms. Stutes V Ms. Stutes Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes V - ICHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?[ TOTAL: TOTAL: TOTAL: ' / 0 TOTAL: r7 0 TOTAL: r7 U 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 V Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET C Regular /Special Date: (R I O I F a -D 11 Convened: Recessed: Reconvened: Adjourned: J� BY: 4 BY: BY: 4Ce BY: < � BY: 'ijl "y_ SECOND. ,r �� / SECOND.) SECOND:j SECOND: r � (/A€ SECOND�� el —01 C" Ps6-D 0 (d\J 0 VI Ig.-13 9a01 -1 v o019- a ( . YES NO - YES NO YES NO YES NO - YES - NO Ms. Austerman V Ms. Austerman ✓ Ms. Austerman ✓ Ms. Austerman V Ms. Austerma ✓ Mr. Friend / Mr. Friend v Mr. Friend V Mr. Friend / Mr. Friend Ms. Fulp 1 / Ms. Fulp ✓ Ms. Fulp V Ms. Fulp 1/ Ms. Fulp ✓ Ms. Jeffrey D� , / M s. Jeffrey Ms. Jeffrey Ms. Jeffrey ✓ Ms. Jeffrey 1 / Mr. Kaplan v ` / Mr. Kaplan t ✓ Mr. Kaplan ✓ Mr. Kaplan 17 Mr. Kaplan / Ms. Lynch ✓ v Ms. Lynch V Ms. Lynch - / Ms. Lynch Ms. Lynch I / Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes < ✓ Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?1 r ' TOTAL: ( I TOTAL: 1'7 U TOTAL: fl 0 TOTAL: 11 0 TOTAL: ' I ( f 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 Regular V S pecial KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET l y� 1 ( I D Date: � I V ` a� Convened: Recessed: Reconvened: CAdjour _ • _� BY: ' t . BY: J \, BY: KJ ' . BY: BY: • SECOND:' y r / ; SECOND:4 t SECOND: ;Al , ' P SECOND: SECOND: Iv ty- re.., l f e,\D N0 ‘2, Ri/ • YES NO • _ YES NO - YES NO- • YES NO ; -` YES NO. J. Ms. Austerman V Ms. Austerman V Ms. Austerman ✓ Ms. Austerman Ms. Austerman Mr. Friend 4e \/ Mr. Friend / Mr. Friend '/ Mr. Friend Mr. Friend Ms. Fulp V. Ms. Fulp ✓ v Ms. Fulp ✓ Ms. Fulp Ms. Fulp Ms. Jeffrey V Ms. Jeffrey v Ms. Jeffrey « V Ms. Jeffrey Ms. Jeffrey Mr. Kaplan J Mr. Kaplan V Mr. Kaplan I Mr. Kaplan Mr. Kaplan Ms. Lynch Ms. Lynch V Ms. Lynch ✓ Ms. Lynch Ms. Lynch Ms. Stutes Ms. Stutes Ms. Stutes ✓ Ms. Stutes Ms. Stutes ' . CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?' _ _ ; TOTAL: r V TOTAL: 9 0 TOTAL: ( 1 0 TOTAL: 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 State of Alaska Alcoholic Beverage Control Board Request for NEW Liquor License Application for the Roads End, Chiniak, Alaska, License No. 5100 (Applicants: Janice & Norman Botz). This is a request for a New Liquor License for the Roads End. Upon receipt of notice from ABC board, we investigated is the Borough has an interest which can be protected by protesting the issuance. We also checked with the troopers if there were any trouble reports at this place of business and there were none. The KIB code also requires that the Assembly hold a public hearing on this matter. Public hearing notices were sent out and none were returned. After investigation, it has been determined that the borough has NO INTEREST that can be protected by protesting the approval of the NEW liquor license application for this location. State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Roads End, Chiniak, Alaska, License No. 5100 (Applicants: Janice & Norman Botz). The Alaska Administrative Code stipulates that an application for a new restaurant designation must be approved by the local governing body having jurisdiction over the area in which the licensed premises exists. The Roads End filed an application for a Restaurant Designation Permit with the Alcoholic Beverage Control Board that allows access of persons under 21 years of age to designated licensed premises for purposes of dining, and persons under the age of 19 for employment. Staff asks the Assembly to approve the application. KODIAK ISLAND BOROUGH REGULAR MEETING g Regular Meeting of: 1/? / 1 Please PRINT your name Please PRINT you ,,name 514>i 41,401 (Lc,/ � v % GT E /A C Kt\C V \de/