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2011-12-15 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, December 15, 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 of November 3, 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 -13 Rezoning Certain Lots Along Spruce Cape Road From R1- Single Family Residential To R2 -Two Family Residential (P &Z Case 12 -002). B. Ordinance No. FY2012 -01A Amending Ordinance No. 2012 -01 Fiscal Year 2012 Budget By Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2012 -15 Professional Services Agreement for Fisheries Analyst Consulting and Related Services 2. Contract No. FY2012 -16 Kodiak High School Addition /Renovation Mill Bay Parking Lot Project. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Pape 1 of 2 B. Resolutions 1. Resolution No. FY2012 -13 Urging the North Pacific Fishery Management Council to Provide for Videoconferencing and Other Means of Remote Communication for Its Meetings. 2. Resolution No. FY2012 -14 Certifying the FY2012 Shared Fisheries Business Tax Program Application to be True and Correct. C. Ordinances for Introduction 1. Ordinance No. FY2012 -14 Rezoning a Parcel of Land at the Intersection of Rezanof Drive and Otmeloi Way From RR1 -Rural Residential One Zoning District To B- Business Zoning District (P &Z Case 12 -014). D. Other Items 1. Confirmation of Mayoral /Assembly Appointments to Various Boards, Commissions, and Committees. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Parks and Recreation Committee Meetings of August 23, 2011, and September 13, 2011. 2. Planning and Zoning Commission Meeting of October 19, 2011. B. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 3, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, November 3, 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 Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Borough Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Quarter Award to Jessica Basuel, Interpretive Specialist at the Kodiak Fisheries Research Center. CITIZENS' COMMENTS None. COMMITTEE REPORTS Assembly member Kaplan reported that the Kodiak College Council would meet at the Kodiak College on Friday, November 4, 2011 at 7 a.m. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Reported on the following: • Legislative information from Federal Lobbyist Brad Gilman which included an update of the PILT and Secure Rural School Program. • Alaska Department of Transportation and Public Facilities released its 2011 Economic Impacts of Alaska Airports which included the Kodiak Airport. • The Finance Department reported that the value of fish reported on several tax forms for the third quarter of 2011 had increased approximately $12 million, an increase of 23 %. • The date confirmed for the Legislative Reception in Juneau was Wednesday, March 21, 2012. • Out of town November 6 -11 to attend the Alaska Municipal Managers Association Meeting and the Alaska Municipal League Conference in Fairbanks. Kodiak Island Borough Assembly Minutes November 3, 2011 Page 1 of 5 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby provided the following information: • Requested the Assembly to review the draft solicitation letter requesting donations and contributions for the Legislative Reception. • Recognized Ruth Brechan as an Alaska Pioneer and sent condolences to the family on her recent passing. • Met with co- directors from the Kodiak Fisheries Industrial Technology Center under its new name, and reviewed the change -over. • Encouraged the community to share and recognize those in need during the upcoming holiday season. UNFINISHED BUSINESS None. NEW BUSINESS Reorganization of the Kodiak Island Borough Assembly 1. Election of the Deputy Presiding Officer. Mayor Selby opened the nominations. BONNEY moved to nominate Assembly member Friend as Deputy Presiding Officer. STUTES moved to close the nominations. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. STUTES moved to cast a unanimous ballot for Assembly member Friend as Deputy Presiding Officer. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Friend, Kaplan, Lynch, Stephens, and Stutes. Contracts None. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2012 -11 Amending Title 3 Revenue and Finance Chapter 3.55 Transient Accommodations Tax Section 3.55.025 Allocation of Sales Tax Proceeds. AUSTERMAN moved to adopt Ordinance No. FY2012 -11 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance was a clean -up ordinance to correct an error in KIBC 3.55.025 to reflect that there was only one village in Kodiak which was the Village of Karluk and five second class cities which were the Cities of Akhiok, Larsen Bay, Port Lions, Old Harbor, and Ouzinkie. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Friend, Kaplan, Lynch, Stephens, Stutes, and Austerman. Kodiak Island Borough Assembly Minutes November 3, 2011 Page 2 of 5 2. Ordinance No. FY2012 -12 Repealing Sections of Ordinance No. FY2007 -09 Authorizing an Amendment to the Borough's Participation Agreement With the Public Employees Retirement System (PERS) of Alaska and to Change the Borough Code of Ordinances to Exclude Participation of Elected Officials. STUTES moved to adopt Ordinance No. FY2012 -12 in first reading to advance to public hearing at the next regular meeting of the Assembly. Ordinance No. FY2007 -09 was adopted by the Kodiak Island Assembly on October 5, 2006, which allowed sitting assembly members to continue participation in the PERS system but would not allow newly elected officials to join the program. As written, Ordinance No. FY2007 -09, was not acceptable to the State of Alaska PERS system because the Borough had to let all elected officials participate in PERS or exclude all elected officials from participation. This repeal allowed elected officials to participate in the State PERS program subject to PERS Regulations. Sections 3 and 4 of Ordinance No. FY2007 -09 dealing with Assembly members being able to participate in the borough health and life insurance plan would remain in the Kodiak Island Borough Code of Ordinances. Assembly member Stephens spoke against Ordinance No. FY2012 -12 and suggested postponing the ordinance. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Friend, Kaplan, Lynch, Stutes, Austerman, and Bonney (Ayes); Stephens (No). Other Items 1. Declared a Seat on the Monashka Bay Road Service Area Board Vacant. This item was approved under the consent agenda. Mr. Dave Sundberg was elected as a write -in during the regular election of October 4, 2011. Mr. Sundberg declined to assume the duties as a board member of the Monashka Bay Road Service Area board. The Assembly accepted the declination notice provided by Mr. Sundberg for the seat term to expire October 2014 on the Monashka Bay Road Service Area Board, declared the seat vacant, and directed the Borough Clerk to advertise the vacancy per Borough code. 2. Declared a Seat on the Solid Waste Advisory Board Vacant. This item was approved under the consent agenda. On Monday, October 17, 2011, Ms. Sandra West submitted a notice of resignation from the Solid Waste Advisory Board for a term to expire December 2013. The Assembly accepted, with regret, the resignation of Ms. West from the Solid Waste Advisory Board for a term to expire December 2013, and directed the Borough Clerk to advertise the vacancy per Borough Code. 3. Declared a Seat on the Kodiak Workforce Regional Advisory Council Vacant. This item was approved under the consent agenda. Prior to being elected to the Borough Assembly on October 4, 2011, Mr. Tuck Bonney served on the Kodiak Workforce Regional Advisory Council (KWRAC) as the Agriculture and Natural Resources designated representative. Per Borough Code, Assembly members may serve on boards, commissions, etc. as ex- officio members only; therefore, requiring that the seat currently held by Mr. Bonney be vacated. The Assembly declared the Agriculture and Natural Resources seat on the Kodiak Island Borough Assembly Minutes November 3, 2011 Page 3 of 5 Kodiak Workforce Regional Advisory Council vacant and directed the Borough Clerk to advertise the vacancy per Borough Code. 4. Mayoral Appointments of Assembly Member Representatives to Boards and Committees. FRIEND moved to confirm the mayoral appointments of assembly member representatives to Boards, Committees, Commissions, and Councils. The Mayoral appointments of assembly member representatives to the different boards, committees, commissions, and councils. The Architectural Review Board Jerrol Friend Economic Development Committee Jerome Selby Emergency Services Council Jerome Selby Fisheries Oceanic Research Board Jerome Selby Joint Building Code Review Committee Jerrol Friend Kodiak College Council Dave Kaplan Kodiak Fisheries Advisory Committee Louise Stutes Parks and Recreation Committee Chris Lynch Project Advisory Committee (Zoning Code Revision) Louise Stutes Providence Health System Service Area Board Carol Austerman Providence Kodiak Island Counseling Center Advisory Council Tuck Bonney School District Budget Advisory Committee Mel Stephens School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Carol Austerman Solid Waste Advisory Board Dave Kaplan ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Stutes, Austerman, Bonney, and Friend. CITIZENS' COMMENT None. ASSEMBLY MEMBER COMMENTS Assembly member Stephens asked that the Assembly not cancel regular meetings for the convenience of the public. He reported that a primary goal of his for the next two to three years was to try and see that the Kodiak High School Remodeling and Renovation Project be completed within the budget and on time. Assembly member Stutes requested a meeting with those involved in the Kodiak High School Remodeling and Renovation Project for an update. Assembly member Bonney thanked the Kodiak community for its support on his recent election to the Borough Assembly. Assembly member Friend wished the community a Happy Thanksgiving and asked everyone to drive carefully. Assembly members Kaplan, Lynch, and Austerman congratulated Employee of the Quarter Award recipient Jessica Basuel. Assembly Austerman expressed her condolences to the Brechan family. Kodiak Island Borough Assembly Minutes November 3, 2011 Page 4 of 5 Announcements Mayor Selby announced that the Borough Clerk's Office would be closed November 8 and 9, and would reopen for business on Thursday, November 10, at 8 a.m. The Mayor and members of the Assembly would be traveling to Fairbanks November 7 -11 to attend the Alaska Municipal League Conference. The Assembly work session scheduled for Thursday, November 10, 2011, and the regular meeting scheduled for Thursday, November 17, 2011, had been cancelled. The Assembly, Planning and Zoning Commission, and the Project Advisory Committee would meet in a Special Work Session on Thursday, November 17, 2011, at 7:30 p.m. in the Borough Assembly Chambers. The Borough offices would be closed Friday, November 11, 2011, in observance of Veteran's Day, and Thursday, November 24 and Friday, November 25, in observance of the Thanksgiving holiday. The next Assembly work session would be held on Tuesday, November 29, 2011, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, December 1, 2011, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, Friend, and Kaplan. The meeting was adjourned at 8:10 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes November 3, 2011 Page 5 of 5 �� ° KODIAK ISLAND BOROUGH ° AGENDA STATEMENT row . ' i ,a.u,;s-.. REGULAR MEETING OF: DECEMBER 15, 2011 ITEM NO.: 9.A TITLE: Ordinance No. FY2012 -13 Rezoning Certain Lots Along Spruce Cape Road From R1- Single Family Residential To R2 -Two Family Residential (P &Z Case 12 -002). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2012 -13; P &ZC Case 12 -002 backup; PH Notices mailed APPROVAL FOR AGEND :4 SUMMARY STATEMENT: A petition for the rezone of a single lot came as a request before the Planning and Zoning Commission. The Commission voted to expand the area to be considered for rezoning from one lot to a compact area containing nine parcels. Public hearing notices were sent out to the neighbors and also to utility companies and agencies. The request was affirmed with Commission recommendation that the Borough Assembly approve the rezone request. Clerk's note: 42 public hearing notices were mailed on Monday, December 5, 2011. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -13. • Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: P &Z Commission Drafted by: CDD Director 1 Introduced: 12/01/2011 Public Hearing: 12/15/2011 2 Adopted: 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -13 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 9 CERTAIN LOTS ALONG SPRUCE CAPE ROAD FROM R1- SINGLE FAMILY 10 RESIDENTIAL TO R2- TWO FAMILY RESIDENTIAL. P &Z CASE 12 -002 11 12 WHEREAS, the Planning and Zoning Commission received a request to rezone an 13 individual lot located along Spruce Cape Road; and 14 15 WHEREAS, after holding a publically advertised meeting and consistent with KIB 16 17.205.050, the Commission voted to expand the area under consideration for rezone; and 17 18 WHEREAS, the Commission held a second public meeting to review the rezone of nine 19 (9) lots; and 20 21 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 22 compact group of parcels be rezoned finding that the public necessity, convenience, and 23 general welfare and good zoning practice would be forwarded by such action; and 24 25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 26 and approved by the Borough Assembly. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is not of a general and permanent nature and shall not 32 become a part of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: Lots 7A, 7B, 8, 9A, 9C, 9D, 10A -1, 10A -2 and 10C, U.S. Survey 3099 are 35 rezoned from R1- Single Family Residential to R2- Two Family Residential. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 38 are hereby confirmed as follows: 39 40 17.205.020 A. Findings as the Need and Justification for a Change or 41 Amendment. 42 43 There was no need or justification for rezoning a single lot in a neighborhood 44 to a zoning district different than the surrounding area. Such a rezone will 45 be out of place spot zoning in the context of being totally surrounded by 46 other R1- Single Family zoned land. The petitioners of Lot 10A -2 requested 47 the rezone initially, but good zoning practice would discourage the treatment 48 of this one lot to a different set of development standards than any of the 49 surrounding lots currently enjoy. 50 51 The Commission expanded the rezone area which now goes from the waste 52 water treatment plant to Cutoff Road and which is bounded by Rezanof Kodiak Island Borough Ordinance No. FY2012 -13 Page 1 of 2 53 Drive on the north and Spruce Cape Road on the south. This rezone area 54 makes more sense as R2- Two - family Residential is predominately the same 55 zoning that has been applied eastward beyond the waste water treatment 56 plant to most of those lands outside the City of Kodiak which are served by 57 municipal water and sewer. For reasons of access to roads and utilities, 58 comparable lot sizes and the compact and discrete configuration of this 59 rezone area the application of R2- Two - family Residential zoning would be 60 appropriate. 61 62 17.205.020 B. Findings as to the Effect a Change or Amendment would 63 have on the Objectives of the Comprehensive Plan. 64 65 The 2008 Kodiak Island Borough Comprehensive Plan Update recommends 66 this area for Urban Residential and though consistent with the goals and 67 objectives of the comprehensive plan, the rezoning of a single lot (10A -2) 68 should be considered in the context of a larger neighborhood rezoning. The 69 consideration of a discrete rezone area as expanded by the Planning & 70 Zoning Commission, supported in writing by a substantial number of affected 71 property owners, is a better indicator of whether the proposed change is 72 appropriate under the applicable plan goals and objectives. This is assuming 73 that the Commission has also determined that the rezone area is appropriate 74 for land uses allowed in both R1 or R2 zoning districts by virtue of access to 75 major roads and utilities and the lots are sized appropriately to support 76 permitted and conditional uses in both districts. 77 78 17.205.020 C. Recommendations as to the approval or disapproval of 79 the change or amendment. 80 81 The Kodiak Island borough Planning and Zoning Commission recommends approval 82 of this rezone request. 83 84 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 85 THIS DAY OF 2011 86 87 88 KODIAK ISLAND BOROUGH 89 90 91 92 Jerome M. Selby, Borough Mayor 93 94 ATTEST: 95 96 97 98 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -13 Page 2 of 2 Kodiak Island Borough t „e" ,1 Office of the Borough Clerk { - %' ��° 710 Mill Bay Road °fc Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, December 15, 2011, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2012 -13 Rezoning Certain Lots Along Spruce Cape Road From R7- Single Family Residential To R2 -Two Family Residential (P &ZC Case 12 -002). If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, email to mmcfarland(akodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on December 15, 2011. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Public hearing form • Map • Ordinance No. FY2012 -13 PUBLIC HEARING FORM Ordinance No. FY2012 -13 Rezoning Certain Lots Along Spruce Cape Road From R1- Single Family Residential To R2 -Two Family Residential (P&ZC Case 12 -002). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to mmcfarlandAkodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, December 15, 2011. Ordinance No 4 FY201 >2 13! Ciaitethji Lots'Along Spruce Cape Road From R9- Single Family.Reside'ntial22R Two Fes Residential (P &ZC Case 12- 0024. try 6 74,16r O X ° ti., E acNE • N �� se 7 op' Ja b° ^P J'/ A li. 971 �`�i SO k . ...- S �� us 3oa9 It * l aaat3 4 4 , . . 1 \at / cr. , til I CI 11 i OA fr ,a. 11101S010 . 4- „,, ,(,),, A_ `�� (2 -J Legend � ° °� y ' / /1 ^ , O M Subject Parcels i i USS 1822 , // ° •- Kodiak Island Borough GIS System " Aramir A- I 0 1.200 2.400 4.800 7.200 9,6x0 ett S This map was prepared Iran Me Kodak bland Bomurp's GIS S/stem. It Is Irewde r for Me purpose d snowing the general locate or a propertywfbin de Kodiak Island Bomuge. This map does net represeit a savey. More Int[melon about Ire mwp+g data can be obtained by catering the KOMik !Stand Borough IT Departmert at (90])4869313. PATRICK ADAMS ALASCOM INC UNIVERSITY OF ALASKA 2546 SPRUCE CAPE RD PROPERTY TAX DIVISION COLLEGE, AK 99735 KODIAK, AK 99615 PO BOX 7207 BEDMINSTER, NJ 07921 WATSON ARNOLD MARTIN BELARDE TOMMY BOYER 2695 SPRUCE CAPE RD PO BOX 1929 PO BOX 971 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 AMALIA BRAVO TIMOTHY BURCH ALVIN BURCH 25172 SANSOME ST 9620 RIMROCK CIRCLE PO BOX 884 HEMET, CA 92544 PRESCOTT VALLEY, AZ 86314 KODIAK, AK 99615 JOHN DONAT KEVIN ERICKSON JAMIE FAGAN 1918 MILL BAY RD 2674 SPRUCE CAPE RD PO BOX 2140 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DEL GREEN CRAIG GUSTAFSON RON HERMANSON PO BOX 2211 PO BOX 8573 2520 SPRUCE CAPE RD #1 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TODD HUBERT STARLETTA JACKSON PHONPASACK KEODOUANGDY 750 CUT -OFF ROAD PO BOX 1215 635 ANDERSON WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARK KEPLINGER KODIAK DEVELOPMENT, LLC KODIAK ISLAND BOROUGH 758 JACKSON LANE PO BOX 2310 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOE MACINKO CARLOS MENJIVAR ETAL PATRICK MULLAN SR LIVING TRUST 2625 SPRUCE CAPE RD PO BOX 1089 2680 E. REZANOF DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 SHARON NELSON TED NUSSBAUM JOAN PELLOSIS ETAL 2695 METROKIN WAY PO BOX 8981 728 CUT -OFF RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JUAN PENALOZA CARLOS RILEY DONNA RUCH 3155 SPRUCE CAPE RD 2557 SPRUCE CAPE RD 2608 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOHN RYAN PAUL SCHWEIBINZ SECRETARY OF VETERAN'S AFFAIRS 2593 METROKIN WAY PO BOX 1443 C/O BANK OF AMERICA, ATTN: VA REO KODIAK, AK 99615 KODIAK, AK 99615 2375 N. GLENVILLE DR RICHARDSON, TX 75082 SKANA ENTERPRISES INC CARL SMITH AARON STILL PO BOX 2852 PO BOX 8913 PO BOX 3102 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ALAN TORRES ANTONIO VELASCO JEFF A WADLE 2746 REZANOF DR E PO BOX 8025 2692 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CONCEPCION WOLKOFF WILLIAM ZIMMERMAN BARBARA ZIMMERMAN PO BOX 2879 PO BOX 2261 PO BOX 910 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES September 21, 2011 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the September 21, 2011 regular meeting of the Planning & Zoning Commission at 6:37 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance ROLL CALL Committee members present were Brent Watkins, Casey Janz, Bill Kersch, Alan Torres, Jay Baldwin, Alan Schmitt, and Rick Vahl. Community Development Department staff present was Duane Dvorak and Sheila Smith. A quorum was established. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the September 21, 2011 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER BALDWIN MOVED to approve the August 17, 2011 Planning & Zoning Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 12 -002. Request a rezone, of 7A, 7B, 8, 9A, 9C, 9D, 10A1, 10A2 and 10C, USS 3099, according to IUBC 17.205 & 17.80 from R1 Single - Family Residential to R2 -Two Family Residential. The applicant is the Planning & Zoning Commission. The location is various addresses from Cut Off Road to the Water Treatment Plant and the zoning is R1- Single Family Residential. CHAIR TORRES recused himself due to a conflict with Case 12 -002. Dvorak reported 42 public hearing notices were sent out and 1 response was received in opposition. Staff feels this request is consistent with the Comp Plan's Goals and Objectives and recommends the commission forward this to the Assembly recommending approval. COMMISSIONER SCHMITT MOVED to recommend the rezone of Lots 7A, 7B, 8, 9A, 9C, 9D, 10A -1, 10A- 2, and 10C, U.S. Survey 3099, from R1- Single Family Residential to R2 -Two family Residential and forward this case to the borough assembly with a recommendation for approval. The public hearing was opened & closed: There was no public testimony. Discussion 9/21/2011 Page 1 of 7 P &Z Minutes FINDINGS OF FACT 17.72.020 A. Findings as to the Need and lustifcation for a Change or Amendment. There was no need or justification for rezoning a single lot in a neighborhood to a zoning district different than the surrounding area. Such as rezone will be out of place spot zoning in the context of being totally surrounded by other R1- Single Family zoned land. The petitioners of Lot 10A -2 requested the rezone initially, but good zoning practice would discourage the treatment of this one lot to a different set of development standards than any of the surrounding lots currently enjoy. The Commission expanded the rezone area which now goes from the waste water treatment plant to Cutoff Road and which is bounded by Rezanof Drive on the north and Spruce Cape Road on the south. This rezone area makes more sense as R2- Two- family Residential is predominately the same zoning that has been applied eastward beyond the waste water treatment plant to most of those lands outside the City of Kodiak which are served by municipal water and sewer. For reasons of access to roads and utilities, comparable lot sizes and the compact and discrete configuration of this rezone area the application of R2- Two - family Residential zoning would be appropriate. 3.7.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Urban Residential and though consistent with the goals and objectives of the comprehensive plan the rezoning of a single lot (10A -2) should be considered in the context of a larger neighborhood rezoning. The consideration of a discrete rezone area as expanded by the Planning & Zoning Commission, supported in writing by a substantial number of affected property owners, is a better indicator of whether the proposed change is appropriate under the applicable plan goals and objectives. This is assumes that the commission has also determined that the rezone area is appropriate for land uses allowed in both R1 or R2 zoning districts by virtue of access to major roads and utilities and the lots are sized appropriately to support permitted and conditional uses in both districts. ROLL CALL VOTE ON MOTION CARRIED 6 -0. (Alan Torres recused) With no objection from the commission, CHAIR TORRES moved agenda item 7 -C, Case 12 -013 before 7 -B, Case 12 -012 to allow a public member time to arrive to testify. CHAIR TORRES returned to the regular meeting. C) Case 12 -013. Request a review of land disposal of a Portion of Tract C, Bk 2, USS 4871 for less than fair market value to the City of Ouzinkie to use for public water storage and communications purposes and other public purposes beneficial to the borough. The applicant is the Kodiak Island Borough. The location is the Ouzinkie School Site and the zoning is PL- Public Use Lands. Dvorak reported the commission has seen this site recently for Variances for communication facilities and in that investigation it was shown that there's an area 20 or so years ago set aside for a water storage tank but the utility easement that was approved for disposal but wasn't recorded. The City of Ouzinkie may be better positioned to manage these utilities in their community to operate and take liability for. Rather than creating an easement it would be better to do a disposal of this portion of land. Forty two public hearing notices were sent out and no responses were received. COMMISSIONER SCHMITT had requested an alternate motion with a condition of approval specifying that the surveying costs would be borne by the City of Ouzinke; staff has provided that Staff recommends approval. COMMISSIONER JANZ MOVED to adopt Planning & Zoning Commission Resolution No. FY 2012 -02, subject to one (1) condition of approval, and to adopt the findings in that staff report dated September 21, 2011, as "Findings of Fact" for Case 12 - 013. The public hearing was opened & closed: There was no public testimony. Discussion of easements and platting. 9/21/2011 Page 2 of 7 P &Z Minutes Nupnc hearing item / -A P &Z September 21, 2011 @MIMI Loeation Request:A rezonea Ki ei mA, w go 9 0 9B P e3 sK Case 0 92 -002 90A2 ahz190�C�„' QM 3099 according Qt KIBC W205 P &Z Commission ' 97.80 from N9 Single-Fmk Residential ft) Two Family Residential. lit,IPOW., ,,,,,, bsr4v ,.. wr 4c- F w pP° 8 T 2 4, P • CP�"�� ° � owNE ' 7 �P K 00∎0( a a 4' + A ° J` • OO �c^ , 9 glit, .e0 �s .. S 3469 �' :t `i iii• �A /' Oct .3799 - lit tn. cy.. 1 .,,, ri .ap, ___, Y' s a ° . dr ist oo. ",,,t lista* .4trat•S3p9 .' ® ry et t Legend O p 0 p , 9 1 ry 5' Subject Parcels \ , N, s¢ USS 1822 ¢on 9 Kodiak Island Borough GIS System .7 5 .. ' I ' 0 215 430 860 1,290 1,720 i Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -002 Introduction Page 1 of 6 Hublic Hearing item ( -A P &Z September 21, 2011 O O k \C\ Case No. 12 -002 Introduction Page 2 of 6 F'udilc Hearing item ( -A P &Z September 21, 2011 Kodiak Island Borough Zoning Map n. e, /a . -J Community Development Department i- Zoning Request: A rezone, (IM W3 (3 Mo °o P b E ease t 92 -002 90A2 eliDi 9000 Ma 3099 according Q: Eli BC 97.205 P &Z Commission + e8® from 6°39 Single -Fmk Residential OD MoTwo Gamily Residential. G � 0 215 430 860 4 I r r 1 r t I J 1'1' ,� a eet 00` ORNE e N o PP yP � . 4 O. °° 9 °° s It : • lit till ,AFi us s 346g .3099 0 ® ps s G { 4. �® Fry � 4. fie IA �V�4 s 309, U 4 II • k m4 O 0 0 nP Legend P P I Subject Parcels law 4 O �W r p K Zoning Legend I I Public Use Lands Rural Residential 1 I Multi Family Residential I Light Industrial Mi Watershed I I Rural Residential 2 I I Business I Rural Neighborhood Commercial Conservation Single Family Residential I I Retail Business I 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 bo obtained by contacting the Kodiak Island Borough IT Department at (907)486 -9333. Case No. 12 -002 Introduction Page 3 of 6 Hublic Hearing item f -H P &Z September 21, 2011 O 00 O 0 O 0 O O o Cp k Case No. 12 -002 Introduction Page 4 of 6 PuiDlic Hearing item ( -A P &Z September 21, 2011 @lima Loeation Request: A rezone, c074 U M p„ ° ° c ° o 9 0 9 P b - 92 -002 90A2 aid 1()©' 3099 according (o KIBC 977.205 P &Z Commission ° 97.80 fr®m (1 Single- Family Residential Qp ds G Two family Residential. N. r • o- a � .4-. T P -0 Cdr r . - 6. y . , 'fi goe ,.< �",> • s r s ..y -" ;. i rx Y`�rr4t. a <a "' " - b«S IA'( - !ur .ka 0 A F' • 4 , . • i C t -F �'• 1 t Sf r 3 r ; • 1 r i g . a f. 7 i-e "Y- ii i a { t •.f i!, J % � � 1 ; q• • * - y / t � • ti n 4 ' ) (( r ) a r 3i r R :r..1:^... N LL ''' `. 2 -. ' 1 �� ' k }2 679 `"� ='� - > � � . ' ` . s w;t � r� ° �`� I V Tr .5'' "art raw _f WI , C ' \ 7 1 y f'1 ' f ' v % r r s F i ° 'I t tr '32692 a 4 v � L7 kY 'j� �.x • ,�." qt o - �r= , f k ' r e Legend --' S 'TY' b P, trt F j Ate } ° 4 a ' c = Subject Parcels \ ti 1, '�. # `4 ,, , r _ (" 4 !^ i k _; p j, s 4.,:', !r'. y ;�: ?L 0 } . 2 4 ,. ° j S \ Y T t i t ,4 .rfe s v ct Y � f Aa.' \ K } ; (1` . 2 .:. �� 9 / Vi:' f �, . �. . r d1 . arrN. ii • • , D \ 't .n • . ,y,: .A y i.. ' I N ®:R!! r ` 11 � ' K t L l31S ®' Kodiak Island Borough GIS System . 0 60 120 240 360 480 Feet This map was prepared from the Kodiak Island Borough's GIS System. It's provided for the purpose of showing the general locatun 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 (901) 486 -9333 Case No. 12 -002 Introduction Page 5 of 6 HuFJliC Hearing item f -A P &Z September 21, 2011 O O O Case No. 12 -002 Introduction Page 6 of 6 P &Z September 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 8, 2011 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 21, 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 -002 APPLICANT: Planning Commission REQUEST: A rezone, of 7A, 7B, 8, 9A, 9C, 9D, 10A1, 10A2 and IOC, USS 3099, according to KIBC 17.205 & 17.80 from RI Single - Family Residential to R2 -Two Family Residential. LOCATION: Various addresses from Cut off Road to the Water Treatment Plant ZONING: R I- 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, September 6, 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(ilkodiakak.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, September 14, 2011 a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 12 -002 Public Comments Paae 1 of 6 P &Z September 21, 2011 Current Location Request a rezone, of 7A, 7B, 8, 9A, 9C, 2610, 2680, 2726,& 2746 Rezanof Dr. 9D, 10A1, 10A2 and 10C, USS 3099, & 2625, 2679, 2695, 2705, & 2713 Spruce Cape Rd. according to KIBC 17.205 & 17.80 from P & Z Case 12 -002 R1 Single - Family Residential to Planning & Zoning Commission R2 -Two Family Residential. J V ,.v , � fl k 0 G J to 4,, cD AGE DRIVE CO 00 I Sill K 00 1 p J . w �' s z m 0R \VE 051 �. a R�N en 0 2:3 \3, 7', US9 3099 !Ilia � ROAD lie ns a G o 4 ` ©Y h 4, O � � 0 0�n GE T rrti. la wy d N* ? � g)ti J SQa t oil • MES1r PV y, ISA ^p , F .. V,`Qg S 30g t eef U ., I " 1 „te �p 0< aaa ,ti .,o IP 3 a� .z, ry ^tb h y �F et a . Kodiak Island Borough GIS Legend N as - pa a /l'.1 r Feet I ('.. Subject Parcels W E n ' r 0 250 500 1,000 V I I Notification Area S I This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More Information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Case No. 12 -002 Public Comments Paae 2 of 6 P &Z September 21, 2011 PATRICK ADAMS ALASCOM INC UNIVERSITY OF ALASKA 2546 SPRUCE CAPE RD PROPERTY TAX DIVISION COLLEGE, AK 99735 KODIAK, AK 99615 P.O. BOX 7207 BEDMINSTER, NJ 07921 WATSON ARNOLD MARTIN BELARDE TOMMY BOYER 2695 SPRUCE CAPE RD P.O. BOX 1929 P.O. BOX 971 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 AMALIA BRAVO TIMOTHY BURGH ALVIN BURCH 25172 SANSOME ST 9620 RIMROCK CIRCLE P.O. BOX 884 FIEMET, CA 92544 PRESCOTT VALLEY, AZ 86314 KODIAK, AK 99615 JOHN DONAT KEVIN ERICKSON JAMIE FAGAN 1918 MILL BAY RD 2674 SPRUCE CAPE RD P 0 BOX 2140 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DEL GREEN CRAIG GUSTAFSON RON HERMANSON PO BOX 2211 PO BOX 8573 2520 SPRUCE CAPE RD #1 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TODD HUBERT STARLETTAJACKSON PHONPASACK KEODOUANGDY 750 CUT -OFF ROAD PO BOX 1215 635 ANDERSON WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARK KEPLINGER KODIAK DEVELOPMENT, LLC KODIAK ISLAND BOROUGH 758 JACKSON LANE PO BOX 2310 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOE MACINKO CARLOS MENJIVAR ETAL PATRICK MULLAN SR LIVING 2625 SPRUCE CAPE RD PO BOX 1089 TRUST KODIAK, AK 99615 KODIAK, AK 99615 2680 E. REZANOF DR KODIAK, AK 99615 SHARON NELSON TED NUSSBAUM JOAN PELLOSIS ETAL 2695 METROKIN WAY P 0 BOX 8981 US CUT -OFF RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JUAN PENALOZA CARLOS RILEY DONNA RUCH 3155 SPRUCE CAPE RD 2557 SPRUCE CAPE RD 2608 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 12 -002 Public Comments Paae 3 of 6 P &Z September 21, 2011 JOHN RYAN PAUL SCHWEIBINZ SECRETARY OF VETERANS AFFAIRS 2593 MFTROKIN WAY PO BOX 1443 C/O BANK OF AMERICA, ATTN: VA KODIAK, AK 99615 KODIAK, AK 99615 REO 2375 N. GLENVILLE DR RICHARDSON, TX 75082 SKANA ENTERPRISES INC CARL SMITH AARON STILL P O BOX 2852 PO BOX 8913 PO BOX 3102 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ALAN TORRES ANTONIO VELASCO JEFF A \VADLE 2746 REZANOF DR E PO BOX 8025 2692 SPRUCE CAPE RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CONCEPCION WOLKOFF WILLIAM ZIMMERMAN BARBARA ZIMMERMAN P O BOX 2879 PO BOX 2261 PO BOX 910 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 12 -002 Public Comments Paae 4 of 6 P &Z September 21, 2011 • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 " (907) 486 -9363 August 8, 2011 _ Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 21, 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 - 002 APPLICANT: Planning Commission REQUEST: A rezone, of 7A, 7B, 8, 9A, 9C, 9D, IOAI, I0A2 and IOC, USS 3099, according to KIBC 17.205 & 17.80 from RI Single- Family Residential to • R2 -Two Family Residential. LOCATION: Various addresses from Cut off Road to the Water Treatment Plant 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 cimments must be received by 5 pm, September 6, 2011 to be considered by the commission. If you would :like to fill" your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith(chkodiakak.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, September 14, 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: Q y" Pc-- /! ✓ Mailing Address: / 16' AG) ( 7 Your property description: � 3O 7 I Le / 1 5 '-/ r � q Comments: v0 T / 4/ /6 rn° /YR / 'L!✓ C oet I' /S "/ E st ikr q ✓!4 ft e `5 ra C4 HI TUA( (r.Y/t at6. n /t/. %h s ,3 ci/mitp4 or t*, La�a - fin (kf 1431 /h e 1. e No .43«ri r) aMe/cv3 !r/ -5 7 c4 4ny. / h' 7jo yf, i ta e"44 t4- rG/ a. i- /9 7? — *- T a w go m '. r,ce r, � Tr4. �,- c- - /1 ` tc/ /0/4 1 /04 -7 l.2 4.r0 29' 4 1,--06 5 3 /a 7 - 4 cry ,(z %/i• trr -ee a% ;T S.S,.��rD 57 A t 05 ,n r-cd 1, , e a , / I K j e rl 5 ; ( 7 , 7' --' 4 , D t ©. O M G 79 AUG 2 2 2011 COMMUNITY DEVELOPMENT DEPARTMENT • Case No. 12 -002 Public Comments Paae 5 of 6 P &Z September 21, 2011 V P* \ C-)CC O o� O 4 Case No. 12 -002 Public Comments Paae 6 of 6 P &Z September 21, 2011 MEMORANDUM Date: September 3, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the September 21, 2011 Regular Meeting Case: 12 -002 Applicant: Kodiak Island Borough Planning and Zoning Commission Request: A Rezone of Lots 7A, 7B, 8, 9A, 9C, 9D, 10A -1, 10A -2, and 10C, U.S. Survey 3099, according to KIBC 17.205. & 17.80 from R1 — Single Family Residential to R2 — Two Family Residential Location: 2625, 2680, 2726 and 2746 Rezanof Drive & 2625, 2679, 2695, 2705, and 2713 Spruce Cape Road. Zoning: R1 — Single Family Residential. Forty -Two (42) public hearing notices related to this request were mailed on August 8, 2011. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Residential Unclassified. Ordinance 80 -9 -0 rezoned the lot to the RR -Rural Residential Zoning District. Ordinance 83 -15 -0 rezoned RR zoned lots to the RR1- Rural Residential One District. This lot and neighboring lots were rezoned to R1- Single Family Residential by Ordinance 84 -34 -0. In 1984 Case 84 -026 was heard in an effort to rezone Lots 7, 8, and 9 from RR1 — Rural Residential One to R3- Multi - Family Residential was denied. This case was brought to the commission as a result of newly installed water and sewer lines. In 1991 Case 91 -53 was before the commission to rezone Lots 10A -1 and 10A -2 (along with other lots) from R -1 Single Family Residential to B- Business. This request was denied. Case 09 -012 was heard by the Commission that would have rezoned Lot 10A -2 from R1- Single Family Residential to R3 — Multifamily Residential. That request was denied by the commission. Case No. 12 -002 Staff Rot. Exoanded Area Paae 1 of 6 P &Z September 21, 2011 2. Lot Size: Various Sizes from .17 to .74 acres 3. Existing Land Use: Single- family Residential and vacant 4. Surrounding Land Use and Zoning: North: Rezanof Drive and Kodiak Collage across Rezanof Use: Institutional Zoning: PL— Public Use Lands South: Spruce Cape Road. Use: MHR (Mobile Home Residential) and mobile home park Zoning: R1 — Single Family Residential & R3 — Multi Family Residential East: Lot 13A U.S. Survey 3099 Use: Water Treatment Plant Zoning: PL — Public Use Lands West: Cut — Off Road Use: Single Family home and Vacant land. Zoning: R1- Single Family Residential 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan identifies the proposed future land use of the proposed rezone area Urban Residential. 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: B. The Commission upon its own motion KIBC 17.205.050 Boundary change may include additional orooerty When the commission deems it necessary or expedient, it may consider other property for change or amendment in addition to the property described in the application for change in the boundary of a district, and may include such additional property in the notices of public hearing and consider amendments relating to such property at the public hearing. Case No. 12 -002 Staff Rot. Expanded Area Paae 2 of 6 P &Z September 21, 2011 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. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Comprehensive Plan The Comprehensive Plan Map identifies this area as "Urban Residential." It is served by a Spruce Cape Road, which is classified as an "Urban Collector, and by Rezanof Drive which is classified as a "Minor Arterial" The area is served by pubic water and sewer and power utilities. It is located close to East Elementary School, Kodiak College and reasonably close to Safeway. There is a mix of residential uses occurring in this general area. The lots on the north side of Spruce Cape road are zoned R -1 and the use located there are single family homes. Across Spruce Cape Road, there are a number of Mobile Home residences (MHR). These mobile homes are considered single family residents and consist of one trailer on one lot. Also a portion of Jacksons Trailer Park which is zoned R3 fronts on Spruce Cape. The Comprehensive Plan does not get specific as to the proposed density of development in any given area of the community. The plan map tends to flow from the existing land use (and zoning) pattern so that zoning changes such as the one proposed in this case do not appear to be a major change. ZONING /USE: The zoning request is for 9 (nine lots) and consistent with the comprehensive plan that identifies the area for "Urban Residential ". There are differences between the Uses found in the R1- Single Family zoning district and the uses found in the R2 -Two Family Zoning District. So besides just increasing the density of the neighborhood, there are additional uses that are allowed in the R2 -Two Family Residential District. These additional uses may be intensive in nature. Case No. 12 -002 Staff Rot. Expanded Area Paae 3 of 6 P &Z September 21, 2011 Below are the uses found in the R2 — Two Family Residential District. KIBC 17.80.020 Permitted Uses A. Accessory buildings H. Parks and Playgrounds B. Beauty Shops I. Professional Offices C. Churches J. Schools D. Clinics K. Single Family Dwellings E. Greenhouses L. Two Family Dwellings F. Home Occupations M. Vacation Homes G. Hospitals N. Bed and Breakfasts The uses that are not highlighted are the uses permitted in the R1 zone. The uses highlighted in Yellow are found in the R2- Two Family Residential district as permitted uses and are not found in the R1- Single Family Zoning District. LAND SUITABILITY: The parcels of land subject to this rezoning investigation are not topographically constrained and will allow for good building sites if zoned R1 or R2. Its adjacency to Spruce Cape Road and Rezanof means that it is served by roads capable of sustaining any additional traffic. There is room on the developed lots to provide the additional three parking spaces that are required should a rezone to a higher density occur. COMMENTS This case was postponed from the August 17 regular Planning and Zoning Commission meeting to allow the commission to review a larger area for consideration. Additionally, the original applicant, Mr. Del Green, has provided a petition of sorts signed by most of the affected residences and property owners affected by this rezone request. There is generally support to rezone the area from R1- Single Family Residential to R2 — Two family Residential by petitioners. RECOMMENDATION Staff recommends that the Commission approve this enlarged area of consideration and that it be rezoned from R1- Single Family Residential to R2 — Two family Residential. Case No. 12 -002 Staff Rot. Expanded Area Paae 4 of 6 P &Z September 21, 2011 APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend the rezone of Lots 7A, 7B, 8, 9A, 9C, 9D, 10A -1, 10A -2, and 10C, U.S. Survey 3099, from R1- Single Family Residential to R2 -Two family Residential and forward this case to the borough assembly with a recommendation for approval. Staff recommends that this motion be approved by the commission. Should the commission agree with staff, the following findings of fact should be adopted. 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. There was no need or justification for rezoning a single lot in a neighborhood to a zoning district different than the surrounding area. Such as rezone will be out of place spot zoning in the context of being totally surrounded by other R1- Single Family zoned land. The petitioners of Lot 10A -2 requested the rezone initially, but good zoning practice would discourage the treatment of this one lot to a different set of development standards than any of the surrounding lots currently enjoy. The Commission expanded the rezone area which now goes from the waste water treatment plant to Cutoff Road and which is bounded by Rezanof Drive on the north and Spruce Cape Road on the south. This rezone area makes more sense as R2 -Two- family Residential is predominately the same zoning that has been applied eastward beyond the waste water treatment plant to most of those lands outside the City of Kodiak which are served by municipal water and sewer. For reasons of access to roads and utilities, comparable lot sizes and the compact and discrete configuration of this rezone area the application of R2- Two - family Residential zoning would be appropriate. Case No. 12 -002 Staff Rot. Expanded Area Paae 5 of 6 P &Z September 21, 2011 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Urban Residential and though consistent with the goals and objectives of the comprehensive plan the rezoning of a single lot (10A -2) should be considered in the context of a larger neighborhood rezoning. The consideration of a discrete rezone area as expanded by the Planning & Zoning Commission, supported in writing by a substantial number of affected property owners, is a better indicator of whether the proposed change is appropriate under the applicable plan goals and objectives. This is assumes that the commission has also determined that the rezone area is appropriate for land uses allowed in both R1 or R2 zoning districts by virtue of access to major roads and utilities and the lots are sized appropriately to support permitted and conditional uses in both districts. Case No. 12 -002 Staff Rot. Expanded Area Paae 6 of 6 2009 Air photo Page 1 of 1 I gl S(J CTZ;rs ,, , - Online J Mapping Pre, ntati• J ettpail (0 bol i 0 t„t .,,ia . t - ' ' i`�' Lt. Ic,J I : L ft' I Ll' [ Pr sc , I ' I1�fl1 REZANOF v t"� * i + M • � t ° sa � t f+la H 0 .. .. C [11 --,..--- ay s , . j a"tr Y , ♦ f i 4 "k . . � . e ` i -. . r cj 4' Re zone Reguest .! 4- #�s k. ,r a ., � - � ' le N* �, c N " . w-:, 4 OAr of fi . x V'�t y l �, `'1�F ` . » -S+' 'r'� !.1 C K t •S � +i. 1 'S � � ' G r 4" ` . I a � ' 4 : (.03" t ' } ` `+ { � e'�,. y ` r ` $ !' t � ALAN JO 1 , (•,_y'' ` • r f j N t` G µ � ��,y- � �. rt h^ t ��. .�;. r ` ` .; ' s i 2 1 � ) � sG' O t Y 1 r. 4." . ,,.. fit- ' ,/. .1 . . ' . '',14, t i g ,. f ' � " f , D E L �' , .4 V � s t BRAVO AMALIA 4t. 1 �� r d C P �' � r; � r��"," p Pi �. Gam '- s .n s I � ' f6 el,\ " t « F • E'• 1 . • ,j 't , t * # Y q •. . i- .' r ' . - t � � - f j - .0,,,,,.. 4 40 6 '1 i r : . jars.-. O o ° �`' ~ ... , MUL'LAN SR LIVING TRUST,PATRICK'NADIA • � `V' • 9� � t; �$rn�, I' 1 9 X o kii ,C, !' - Ir1ACIN d pp . r 0 1. 0 ` i Z ' 4 t _. ~ go • r o * i CEO ‘11/1 r e � � S 1: \ s^ ( x d f 1 , Ti: t `° d . TE:rt"N: My O FF ' , � i t E. ti `, : 54 445E , qs .W, f V : q;2) 4.07 - SPRUCE 4 " ��•�; CAPE ROA cg a M INK #J OE 4 • � . i . .+r ' 'y..l,�t ;.� - , 9 y 9 . : raw '�- . ? ' � � � ` .. � " � � Sr 71 .. to . : . - J . � � +i -� _�� , va45. Q�+3. e . .. � r � 3. ���� , , x , http: / /exp , rer.arct'-: com/?open=lca27d82be614e34886b4a22003fedd4 9/3/2011 P &Z September 21, 2011 c Rea0 Q PJOICZ 't( '' Cci/it I Z —co L Co i2 -oo Petition: Individuals supporting the change in zoning from R1 to R2 for their respective lots. I hereby request my lot located at the address below to be changed from R1 to R2 residential zoning Name: a.g z, -yn-t 4 v .•t Mn-) Address: 2 7 C S ,SpN K c i C ee R Signature: Date: 7 / 4 - // I hereby request my lot located at the address below to be changed from R1 to R2 residential zoning 1 Name: Do )17 s C 0 Address: b ? C S (k(( C a •/ � ) Signature: Arlf Date: 7- f S - ) / I hereby request my lot located at the address below to be changed from R1 to R2 residential zoning C�./ qAL� ry I d Name: 1 c r f-3 V tr Address: i 1 I vac g Signature: Arm r� I Date: I I'I / 2pq I hereby request my lot located at the address below to be changed from R1 to R2 residential zoning Name: corr e -S ArriTh �C4 Address: so • . Signature: = �� - Date: / / lRC�1I ' 7_0 \\ Case No. 12 -002 Appendix Paae 2 of 27 P &Z September 21, 2011 ?c t nid an T i'e1 rl0+ c tf 4 d � Cc. x/11- Sart, 1uG ( /2/ i 7 2 -44- rev es A /14 Jive - is Case No. 12 -002 ADoendix Paae 3 of 27 P &Z September 21, 2011 affititgli2 Location Request: A rezone C orca 9OA -2, LUZI r i `9 3099, P 83E ease (3 92 -002 according Co KIBC 9a al 917.80, from G31- Single - family Del Lloyd , - Residential OD Two- family Residential ��� \ 3 p i1., dYEG� Oahe 1 CD 0 4P 4t Is J J �� e n s ^ �' ,7 � S gp69 a i X5141 ,t3 U 3p9g i tla 2s sp ® / % Legend . is . .,.. tor ; Q Subject Parcel USS 4 # 7 ,g 3 s i ili 4.0 .'. A SII o 0" ? .9 � 4 O - 4ry 1h \ \P 3 *S. Kodiak Island Borough GIS System ret.::.„ 0 220 440 880 1,320 1,760 I Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provtded for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -002 Appendix Paae 4 of 27 P &Z September 21, 2011 h: ao, Incn!o na oft D c Case No. 12 -002 Aooendix Paae 5 of 27 P &Z September 21, 2011 n f Kodiak Island Borough Zoning Map '�'�,►� Community Development Department Zoning Request:Q rezone Cella 110A -2, Ma 3099 P b E Case Q 92 -002 according Q0 I4IBC 1V 177.E@IG W80, from R1- Single- family Del Lloyd t Residential OD Two- family Residential ♦,,,, 0 220 440 88( I t r 1 I 1 I t t 4., 4P $,,,, Feet GE DRIVE 1 N , .p ` y • F b S � Ng S n. 4" ktpn � / The: us. 3469 ® fill. ® t � -3 6 9 fp - Q ® �� GP 3 4. is Vi tie ®® F y �S e` woe Legend t it a ` � Q Subject Parcel z 'ac • - 9 3p9 U 101/4 rie ( ' o -0 or 1. 9� �5' ry S W T s Zoning Legend Public Use Lands I Rural Residential 1 Multi Family Residential i Light Industrial r Watershed I I Rural Residential 2 I I Business ( Rural Neighborhood Commercial Conservation Single Family Residential I I Retail Business Urban Neighborhood Commercial 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 Kodiak Island Borough IT Department at (907)466 -9333. Case No. 12 -002 Appendix Pape 6 of 27 P &Z September 21, 2011 \CO \l O O O O C\ � Case No. 12 -002 Aooendix Paae 7 of 27 P &Z September 21, 2011 Image Overlay Request: Q rezone CQLLOQ 90A -2, Mme, @Mgr 3099, P 63 E Case fl 92 -002 according m KIBC 117.E o A 957.80, from 1°31- Single - family D2111 Lloyd Residential aD E&Two- family Residential �+. > ,,.+ rr't 'yi. st Ta a; ' .+ .f. S s v . '�''•!^. eaar Ta `° .,' 4tT' y. ".. r M aw Legend t ! -la , Yj v.:- ti,..) s ' -. t '' tt .+ 1 s r� .., r � rK a ta + a . a * 4, ! ;3 Sub j ect Parcel � y�ypr a',1-1,1',4t#444 1,�" �T . T 1, ,y > t ' 17° t t - ,...,-.-1;,1,, .wr11'f�'. yr 1, f'jy ¢ a y 1r�' "y 1 s �i# t y - as r t l7:_t �i ^f?. � .. nx � 4 >~ r "'3 c 44 . ' z i ;b ,+j + `' ti fi ' �4 t'" c, (�: � i' :W. d � � ,.1 si ik i'r V j • J' r "1 ' iti-ti re. } , $ j * t 5 , 7 , ,.. E �_ '(Y,,,. t 4. x k. > 7 1.-• I 3 o� as { o- ► i t rn+ f 9 ' j P 4 it . W 4 +t , e K ! . C ' t- • or- , "tP.. /2„. 'l . . j jg Y � ,` „, *f b fA +4 t r • '{ + Ti' 6 . , + 4 -.. r *.' ''`$^ .`j C, / c a� i '� � e` T.W l t f 3 � 4 �� � '� y �°rx+, s 3.: "{Y+t�, a " � � n 3 S t' t' r � r % i r r .+ 7 ipp �x ia4.`` � Y f' . g : : _ f i fe F - ,it .,try 1 '4 -..4iy t k yY k a (t T '` p +i xlr 4 f4'^� C 3 �r' d's� tst 4 p `YrUJ + # . Z}W,j+ a {� C ` Yt .i ce v, r {t � of p I+f .2h l t y. i d r _ l .r" Q F F .1 r 4 � £ f � � 'cT T » fi ... � 1 b Y ... [ AI t 1 h ' T Fb t r t 1 -cm 24 ,,,,,11::-.4. „ 1 : . v ..th tr - \ w I . NiTa t > ' )4?..., + t I ,f,t d/ t ■ A Q� '8, "e + .\ + ( 7C l f 3' - 1 ` j t 1 3 tilY f ro V r " it + . ' 6 �$'L. � . \ & . + a y 1 A, { .. �L s II. 1 k I � �' . 11 . !':,/,-/1,11,1 ad �1, ' - V: { t ,. r { .. y � + Y x r � r . ` v � �x , � . 1'f .� P �„ a N t. z J^. 0.8F � r :=9 �� � 'r, -.. � ' tb �Yr "1 /.7 2 *s '" .. e... ar.4 �tM�.;. �_ ■ Aa% :f Kodiak Island Borough GIS System a.. ' 0 45 90 160 270 360 Feet Ths map was prepared from the Kodiak Island Borough's GIS System. Its provided for the purpose of showing the general location of a property within the Kodiak Island Borough. Ths 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 -002 Appendix Pape 8 of 27 P &Z September 21, 2011 \CO S:\* O O O O k \‘' Case No. 12 -002 Aooendix Paae 9 of 27 P &Z September 21, 2011 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 fiel tie 4,yen R7335oovlol Property ID Number /s Property owner's name fie .Ds c Z Z / ! tor i0r4 - 2 Ifs �,., . 3099 Legal Descript Property owner's mailing address KC/ te At '14 IS Current Zoning: R' S:n lc. City State Zip Applicable Comprehensive Plan:. %07 - f! /.IJfT 9'o7 - 7Y7 75f9 Del. Year of Plan adoption: Home phone Work Phone E -mail Addr. present Use of Property: 51, c,r s ly Rrs;�gnc Agent's name (If applicable) Pl- aim / /s M.61" Agent's mailing address Proposed Use of Property: $ r )'c. gm/V7 'rei xe City State Zip �l /l� I act/ An,. Afire naA/ Z - 724 / .f" tVa/ Jai ✓L Home phone Work Phone E -mail Addr. 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 /authorb ed 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/History _ As -built Survey _ Photographs _ Maps _ Other s /s04 y -e Property Owner's Signature Date A orized Agent's Signature Da te 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 VERIFICATIf 1144 Code Section(s) Involved: //I; g . eigel le' • l , , Variance (KIBC 17.66.020) $250.00 Fee Schedule: Conditional Use Permit (KIBC 17.67.020.6) $250.00 (per K111Ibf ee+bly 204elution Other (appearance requests, site plan review, etc.) $150.00 ER. July 1, 2005) Zoning change from .4/ to ,ez- (KIBC 17.72.030 and 030.C)' Kodiak Island Bo t r t 176 td'.S`. ldLk1a Applicatj re ived by: / / / /// 5.01 to 40.00 acres Sl.110 ��}rty 1 � 40.01 acres or more 51 „500.00 Staff signature 1 -0C2 Case No. 12 -002 Aooendix Paae 10 of 27 P &Z September 21, 2011 Del L. Green 2713 Spruce Cape Kodiak, AK 99615 June I, 2011 Mr Lydick Borough Planner Kodiak Wand Borough 710 Mill Bay Road Kodiak, AK 99615 Subject: Rezone Request for 2713 Spruce Cape Road Dear Mr. Lydick: I am requesting the re- zoning of the above described residence from RI residential to R2 residential to allow for the rental of a 1 bedroom apartment that was constructed into the residence before I purchased it. The apartment does not face the street and will not change the street side view of the property and should create no adverse impact to the neighborhood. I have discussed this topic with 4 land owners that would be directly affected by the change in zoning. Residents on the listed addresses have voiced support of the rezoning that may include their respective properties. The addresses are as follows: o 2705 Spruce Cape Road o 2695 Spruce Cape Road o 2625 Spruce Cape Road • 2610 Rezanof Drive East Y 2746 Rezanof Drive Ease I have had conversations with a relative to the elderly owner of 2680 Rezanof. Although I did not get a verbal voice of support, the relative seemed that the zone change would be acceptable to the owner. It is understood by all of the owners that I had discussions with that it would be likely that the whole area between the treatment plant and Cutoff Street between spruce cape and Rezanof would need to be change to eliminate the creation of a spot zone. This zone change to R2 will provide buffer between RI and R3 uses located across the street from 2713 Spruce Cape road as well as a buffer between RI and the municipal /industrial type use of the sewage treatment plant. As far as I can foresee, there will be little change to the neighborhood of any of the adjacent areas as most of the lots involved have already been built on. Case No. 12 -002 Appendix Paae 11 of 27 Page I of I 6 ESRI ESRI Support Center Help Kodiak Island Borough (t: 4-.1 :`e ' . 4:1 r't• I'." [ 1 * 1Jb J tfi -4..1 : t.. 4., .. .. _. , �. - SSr C J .ii .. I • C • � . > / i t ^�, S 'y i'l „ F LL .. • ' . : Y r YY A. r �51 co OZ 5 { � ..i J f ` / ����YlYY 0 � , +7Fi �c \ - _ 9 6 �'' 1 �1 ' r t � J � r -4 r L �.. j 'C V Gj ” Y c- i � f �^ 2 rr„''a / ?1 dos i'��� � � '• " yi �lG e CI . , - -1.-- „A., ..„,„ --,,,, ,,, ,. 0 , ..,4 4\ 15.2„, ..- 1 , .,. , , 0 e. . ... , ,, , , .,, I \ 4 . 4 ": */: : ) ' '1.' a ll ; 1 1 a \ . i 1 * 4. je: 0 ' " � l,t,., Q , F 5 1 -; ••mac • � .t �' Y\:1 I YYY o Q �h F �%;%-.‘, Y . ii� � ,,yE C � � 1 ,r r > `�4 •�'A r' T'•' `* lyi ,C�' " K �� � . / ' ' l r'' - 0 ze . ). (1...1„.....a.,.., A u C t '�� . , .� ,� • 'f, '�4. Z \s7'� � , \ 4 , + = Y ^FF ,i^ g- . A - � , k , o N go V N Cn co m 3 Q co N N O http: / /gis.kodiakak.us/KIB/ 3/10/2011 P &Z September 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 June 8, 2011 Public Hearing Item 7 -C 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 -002 APPLICANT: Del Lloyd Green REQUEST: A rezone of Lot 10A -2, U.S. Survey 3099, according to KIBC 17.205 & 17.80, from RI -Single-family Residential to R2- Two - family Residential. LOCATION: Lot 10A -2, U.S. Survey 3099, 2713 Spruce Cape Road ZONING: R1- Single- family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. 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 ssmith4 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: Case No. 12 -002 Appendix Paae 13 of 27 P&Z September 21, 2011 Current Location Request a rezone of Lot 10A-2, U.S. Survey 2713 Spruce Cape 3099, according to KIBC 17.205 & 17.80, Road from R1-Single-family Residential to P & Z Case 12-002 R2-Two-family Residential. Del Lloyd Green w I -4- 1, 0 ha (.0 0 4 4 S 4. 0 rb 0 Oo 15 0 0 1 1 1 1 0 H'j St‘ 4 3 s • C1, N CS lP A u:. .c e Ipt cte r r tiO C I 13° I e e P5 1 yyis 10C e 110 201 "777--- tlikC % 2821 S 3469 % ID: t ik VI ROAD . ii ° w ..4., . ,.. . © rt, ,.:•..• .., i p., . . 44 • ri...., c., siva 0 25e.3 . 1r H twat wlr)7 661 66s 614 i., 0% \1/4, .: I, kt, 2 j ,ny .- — ,N,i: - Kodiak Island Borough GIS Legend N , et,diiti _ .. 1 Subject Parcel m Alh' , , 0 , 1 n ---.1.-,.,, E.; Feet . SW 0 225 450 900 , Notification Area I t t • I I I I I s This map was prepared from the Kodiak Wand 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) 986 - 9333. Case No. 12-002 Appendix Paae 14 of 27 P &Z September 21, 2011 u * � d 1 ; Kodiak Island I ' ' ®rough P r Community Development Department AP FE) 41% �! "" 710 Mill Bay Road Room 205 sw ceI ; � � Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us June 8, 2011 Mr. Del Lloyd Green PO Box 2211 Kodiak, AK 99615 Re: Case 12 -002. Request a rezone of Lot 10A -2, U.S. Survey 3099, according to KIBC 17.205 & 17.80, loin RI -Single-family Residential IS R2- Two - family Residential. Dear Mr, Green: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their July 20, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, July 13, 2011 at 6:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, \ 3fleack �fYItXXL' Sheila Smith, Secretary Community Development Department Case No. 12 -002 Appendix Paae 15 of 27 P &Z September 21, 2011 UNIVERSITY OF ALASKA WATSON ARNOLD MARTIN BELARDE COLLEGE, AK 99735 2695 SPRUCE CAPE RD P.O. BOX 1929 KODIAK, AK 99615 KODIAK, AK 99615 AMALIA BRAVO CITY OF KODIAK JOHN DONAT 25172 SANSOME ST P.O. BOX 1397 1918 MILL BAY RD FIEMET, CA 92544 KODIAK, AK 99615 KODIAK, AK 99615 KEVIN ERICKSON JAMIE FAGAN DEL GREEN 2674 SPRUCE CAPE RD P O BOX 2140 PO 130X 2211 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CRAIG GUSTAFSON STARLETTA JACKSON MARK KEPLINGER PO BOX 8573 PO BOX 1215 758 JACKSON LANE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK ISLAND BOROUGH JOE MACINKO CARLOS MENJIVAR ETAL 710 MILL BAY RD 2625 SPRUCE CAPE RD PO BOX 1089 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PATRICK MULLAN SR LIVING SHARON NELSON TED NUSSBAUM TRUST 2695 METROKIN WAY P O BOX 8981 2680 E. REZANOF DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JUAN PENALOZA DONNA RUCH CARL SMITH 3155 SPRUCE CAPE RD 2608 SPRUCE CAPE RD PO BOX 8913 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 AARON STILL ALAN TORRES ANTONIO VELASCO PO BOX 3102 2746 REZANOF DR E PO BOX 8025 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEFF A WADLE CONCEPCION WOLKOFF WILLIAM ZIMMERMAN 2692 SPRUCE CAPE RD P 0 BOX 2879 PO BOX 2261 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 12 -002 Aooendix Paae 16 of 27 P &Z September 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak, Alaska 99615 June 8, 2011 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing wilt 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 -002 APPLICANT: Del Lloyd Green REQUEST: A rezone of Lot 10A -2, U.S. Survey 3099, according to KIBC 17.205 & 17.80, from RI- Single- family Residential to R2 -Two- family Residential. LOCATION: Lot 10A -2, U.S. Survey 3099, 2713 Spruce Cape Road 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(akodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 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 01/4C 486 - 9363 'V \ I Your Name: v e I C �v t � Mailing Address: 26 7 e ce et�( rJ Your property description: . 761 1- 7 L Comments: / 4E tY ' P C )Lt7 ) V'e rl to-t4 t7 /^rct °t S lo-ss 9 S 1 t� -� t . - i = r � I— /� r I 1, / r a I I JUN I ► COMMUNITY DEVELOPMENT DEPARTMENT Case No. 12 -002 Appendix Paae 17 of 27 P &Z September 21, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak, Alaska 99615 June 8, 2011 Public Hearing Item 7 -C LO 7 4 PUBLIC HEARING NOTICE V 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 \9 Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 12 -002 APPLICANT: Del Lloyd Green REQUEST: A rezone of Lot IOA -2, U.S. Survey 3099, according to KIBC 17.205 & 17.80, fr. m RI- Single- family Residential to R2- Two - family Residential. LOCATION: Lot 10A -2, U.S. Survey 3099. 2713 Spruce Cape Road 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(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: 3, ' /I Zr,;.., t✓ ...n if frt> Mailing Address: B,! / z2 Co / /Coo). id-- Your properq S description: 2 7 O Sr .n c. L C A a l rk It S. ev / a A Comments: / ) - . L'Oi.r / d I/t e n /0. p/ VP 2c in G l t a) 3 Le .1.. 0 1 D 1 ECEII E D JUN 212111 ulmm a Case No. 12 -002 Appendix Paae 18 of 27 P &Z September 21, 2011 MEMORANDUM Date: July 5, 2011 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the July 20, 2011 Regular Meeting Case: 12 -002 Applicant: Del Lloyd Green Request: A Rezone of Lot 10A -2, U.S. Survey 3099, according to KIBC 17.205. & 17.80 from R1 — Single Family Residential to R2 — Two Family Residential Location: 2713 Spruce Cape Road. Zoning: R1 — Single Family Residential. Twenty —Seven (27) public hearing notices related to this request were mailed on June 8, 2011. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Residential Unclassified. Ordinance 80 -9 -0 rezoned the lot to the RR -Rural Residential Zoning District. Ordinance 83 -15 -0 rezoned RR zoned lots to the RR1- Rural Residential One District. This lot and neighboring lots were rezoned to R1- Single Family Residential by Ordinance 84 -34 -0. 2. Lot Size: 12,150 square feet (0.28 acres) 3. Existing Land Use: Single- family Residential 4. Surrounding Land Use and Zoning: North: Lot 10C U.S. Survey 3099 Use: SFR Zoning: R1 — Single Family Residential South: Spruce Cape Road and Lot 25A -2, U.S. Survey 3099. Use: MHR (Mobile Home Residential) Zoning: R3 — Multi Family Residential East: Lot 13A U.S. Survey 3099 Use: Water Treatment Plant Zoning: PL — Public Use Lands Case No. 12 -002 Appendix Paae 19 of 27 P &Z September 21, 2011 West: Lot 10A -1, U.S. Survey 3099 Use: MHR (Mobile Home residential). Zoning: R1- Single Family Residential 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan identifies the proposed future land use of the proposed rezone area Urban Residential. Title 17 Zoning KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.030 Manner of initiation. Changes in this title (request for a rezone) may be initiated in the following manner: A. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. KIBC 17.205.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this 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. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Comprehensive Plan The Comprehensive Plan Map identifies this area as "Urban Residential." It is served by a Spruce Cape Road, which is classified as an "Urban Collector." The area is served Case No. 12 -002 Aooendix Pape 20 of 27 P &Z September 21, 2011 by pubic water and sewer and power utilities. It is located close to East Elementary School, Kodiak College and reasonably close to Safeway. There is a mix of residential uses occurring in this general area. The lots on the north side of Spruce Cape road are zoned R -1 and the use located there are single family homes. Across Spruce Cape Road, there are a number of Mobile Home residences (MHR). These mobile homes are considered single family residents and consist of one trailer on one lot. Also a portion of Jacksons Trailer Park which is zoned R3 fronts on Spruce Cape. The Comprehensive Plan does not get specific as to the proposed density of development in any given area of the community. The plan map tends to flow from the existing land use (and zoning) pattern so that zoning changes such as the one proposed in this case do not appear to be a major change. ZONING /USE: Because the rezone request is for only one (1) lot there is a concern about the prospect of "spot zoning." Spot Zoning occurs when a small area of land in an existing neighborhood is singled out and placed in a different zone category from that of the rest of the neighboring property. Spot Zoning is frowned upon and found to be an illegal action in some cases. As such staff will recommend that the rezoning of this one lot should no be approved and a wider net be cast to see if there are others in the neighborhood who are in favor of being included in a larger neighborhood R2 zoning review. But before that occurs, it is important to note that there are differences between the Permitted Uses in the R1- Single Family zoning district and the Permitted uses found in the R2 -Two Family Zoning District. Though there are similarities, there are also major differences. The potential is that the density will double. The character of an area can change substantially by allowing new allowed permitted uses found in the R2 district that are not found in the R1 Zoning District. These additional uses can be intensive in nature. Below are the uses found in the R2 — Two Family Residential District. KIBC 17.80.020 Permitted Uses A. Accessory buildings H. Parks and Playgrounds B. Beauty Shops I. Professional Offices C. Churches J. Schools D. Clinics K. Single Family Dwellings E. Greenhouses L. Two Family Dwellings F. Home Occupations M. Vacation Homes G. Hospitals N. Bed and Breakfasts Case No. 12 -002 Appendix Paae 21 of 27 P &Z September 21, 2011 The uses that are not highlighted are the uses permitted in the R1 zone. The uses highlighted in Yellow are found in the R2- Two Family Residential district as permitted uses and are not found in the R1- Single Family Zoning District. LAND SUITABILITY: The parcel subject to this rezoning investigation is not topographically constrained and will allow for good building sites if zoned R1 or R2. Its adjacency to Spruce Cape Road means that it is served by a road capable of sustaining additional traffic. There is room on the developed lots to provide the additional three parking spaces that are required should a rezone to a higher density occur. COMMENTS This is not the first request to increase the density of this parcel. The last time was in 2009 (Case 09 -012) when the owner at the time requested the parcel be rezoned R3 — Multi-Family Residential. That request was denied by the commission. This request to have the parcel rezoned to the R2- Two Family Residential District may be a more reasonable request. But increasing the density is only one of the factors to consider. Because of the concern with "spot zoning" it is recommended that the other "permitted uses" found in the R2 Zoning District also be reviewed. These permitted uses can be found in KIBC 17.80.020). Though there may be good reasons to rezone this lot, it is suggested that a request include a larger number of properties in the area and eliminate the concern of spot zoning. Should folks agree that a wider area of consideration be sought, there are a couple of ways to proceed: 1. KIBC 17.205.030 (B) allows the Commission "upon its own motion" to enlarge the area to be considered; or 2. Have the applicant approach other neighbors and through a petition propose a larger area to be considered. RECOMMENDATION Staff recommends that the Commission not approved a rezone request of a single lot as requested in this case. It is recommended that a larger area be considered for rezone. Case No. 12 -002 Appendix Paae 22 of 27 P &Z September 21, 2011 APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend the rezone of Lot 10A -2, USS 3099 from R1- Single Family Residential to R2 -Two family Residential and forward this case to the borough assembly with a recommendation for approval. Staff recommends that this motion not be approved by the commission. Should the commission agree with staff and fail the request the following findings of fact should be adopted. 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. There is no need or justification for rezoning a single lot in a neighborhood to a zoning district different than the surrounding area. Such as rezone will be out of place in the context of being totally surrounded by other R1- Single Family zoned land. The petitioners of this lot have requested the rezone initially, but good zoning practice would discourage the treatment of this one lot to a different set of development standards than any of the surrounding lots currently enjoy. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Urban Residential and though consistent with the goals and objective of the plan the rezoning of the lot in and of itself should be included in a larger neighborhood rezoning. Case No. 12 -002 Appendix Paae 23 of 27 P &Z September 21, 2011 2009 Air photo Page 1 of 2 Chapter 17.75 R1 — SINGLE - FAMILY RESIDENTIAL DISTRICT Sections: 17.75.010 Description and intent. 17.75.020 Permitted uses. 17.75.030 Conditional uses. 17.75.040 Area requirements. 17.75.050 Yards. 17.75.060 Building height limit. 17.75.070 Public service requirement. 17.75.010 Description and intent. The R1 single - family residential zoning district is established as a land use district for small lot, single - family residential dwellings where public water and sewer services are available. For the single - family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single - family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single - family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. [Ord. 83 -17 -0 §2, 1983. Formerly §17.18.010]. 17.75.020 Permitted uses. The following land uses and activities are permitted in the single - family residential district: A. Accessory buildings; B. Churches; C. Greenhouses; D. Home occupations; E. Parks and playgrounds; and F. Single- family dwellings. [Ord. 86 -27 -0 §6, 1986; Ord. 83 -17 -0 §2, 1983. Formerly §17.18.020]. 17.75.030 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. Hospitals; http: / /www. codepublishing. cmn/ AK/ kodiakislandborough /himl/KodiaklslandBorough 17 /KodiaklslandBorou... 7/8/2011 Case No. 12 -002 Appendix Paae 24 of 27 P &Z September 21, 2011 2009 Air photo Page 2 of 2 B. Schools; C. Bed and breakfasts; and D. Vacation homes. [Ord. FY2007 -08 -0 §9, 2006; Ord. 86 -27 -0 §7, 1986; Ord. 83 -17 -0 §2, 1983. Formerly §17.18.030]. 17.75.040 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 -17 -0 §1, 1983. Formerly §17.18.040]. 17.75.050 Yards. A. Front Yard. 1. The minimum front yard shall be 25 feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yard. The minimum yard required, on each side of a principal building, is five feet. The minimum required side yard on the street side of a corner lot is 10 feet. C. Rear Yard. The minimum rear yard required is 10 feet. [Ord. 87 -14 -0 §6, 1987; Ord. 83 -17 -0 §2, 1983. Formerly §17.18.050]. 17.75.060 Building height limit. The maximum building height allowed is 35 feet. [Ord. 83 -17 -0 §2, 1983. Formerly §17.18.060]. 17.75.070 Public service requirement. Water and sanitary sewer service from a certificated public utility or municipal system are required for lots in this land use district before a building permit can be issued. [Ord. 83 -17 -0 §2, 1983. Formerly §17.18.0701. http: / /www.codepubli shing. com/ AK/ kodiakislandborough /html /KodiaklslandBorough 17 /KodiaklslandBorou... 7/8/2011 Case No. 12 -002 Appendix Pape 25 of 27 P &Z September 21, 2011 2009 Air photo Page 1 of 2 Chapter 17.80 R2 — TWO- FAMILY RESIDENTIAL DISTRICT Sections: 17.80.010 Description and intent. 17.80.020 Permitted uses. 17.80.030 Area requirements. 17.80.040 Yards. 17.80.050 Building height limit. 17.80.060 Public service requirement. 17.80.010 Description and intent. The R2 two- family residential zoning district is established as a land use district for single - family and two - family residential dwellings and limited office uses where public water and sewer services are available. For the two- family residential zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single - family and two- family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single - family and two - family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply, and sewerage, before such services can systematically and adequately be provided. [Ord. 83 -17 -0 §3, 1983. Formerly §17.19.0101. 17.80.020 Permitted uses. The following land uses are permitted in the two- family residential district: A. Accessory buildings; B. Beauty shops; C. Churches; D. Clinics; E. Greenhouses; F. Home occupations; G. Hospitals; H. Parks and playgrounds; I. Professional offices; http:// www .codepublishing.com/AK/kodiaki sl andborough /html /KodiakIslandBorough 17/KodiaklslandBorou... 7/8/2011 Case No. 12 -002 Aooendix Paae 26 of 27 P &Z September 21, 2011 2009 Air photo Page 2 of 2 J. Schools; K. Single- family dwellings; L. Two - family dwellings; M. Vacation homes; and N. Bed and breakfasts. [Ord. FY2007 -08 -0 §10, 2006; Ord. 83 -17 -0 §3, 1983. Formerly §17.19.020]. 17.80.030 Area requirements. A. Lot Area. The minimum lot area required for a single - family dwelling is 7,200 square feet. The minimum lot area required for a two- family dwelling is 3,600 square feet per dwelling unit. B. Lot Width. The minimum lot width required is 60 feet. [Ord. 83 -17 -0 §3, 1983. Formerly §17.19.030). 17.80.040 Yards. A. Front Yards. 1. The minimum front yard shall be 25 feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yards. The minimum yard required, on each side of a principal building, is five feet. The minimum side yard required on the street side of a corner lot is 10 feet. C. Rear Yards. The minimum rear yard required is 10 feet. [Ord. 87 -14 -0 §7, 1987; Ord. 83 -17 -0 §3, 1983. Formerly §17.19.040]. 17.80.050 Building height limit. The maximum building height allowed is 35 feet. [Ord. 83 -17 -0 §3, 1983. Formerly §17.19.050]. 17.80.060 Public service requirement. Water and sanitary sewer service from a certificated public utility or municipal system are required for lots in this land use district before a building permit can be issued. [Ord. 83 -17 -0 §3, 1983. Formerly §17.19.0601. This page of the Kodiak Island Borough Code is current through Borough Website: http: / /www.kodiakak.us/ Ordinance FY2011 -12, passed March 17, 2011. (http: / /www.kodiakak.us /) Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Borough Telephone: (907) 486 -9310 Island Borough Code. Users should contact the Borough Clerk's Office for Code Publishing Company ordinances passed subsequent to the ordinance cited above. ( http: / /www.codepublishing.com /) http: / /www.codepubl fishing. com/ AK/ kodiakislandborough /hhnl/KodiaklslandBorough 17 /Kodiakl slandBorou... 7/8/2011 Case No. 12 -002 Appendix Paae 27 of 27 PUBLIC HEARING FORM Ordinance No. FY2012 -13 Rezoning Certain Lots Along Spruce Cape Road From RI- Single Family Residential To R2 -Two Family Residential (P &ZC Case 12 -002). This is in support of the rezone. D i ' ` f , ❑ This is in opposition of the rezone. j ' ❑ Other comments. [ � ; DEC 8 2011 L-') , 71 -T Name: dg OA1'c Fa ej n ROROliH(_Ii=RKS • Residence Address: 24 %(p Spit 1) C.2 l 6'j //� a / r'/ • Mailing Address: /V r 130, 2- l? C / -- - Comments: , . to do (l.) O F S a e Mai y CJ V! ' i r owi t p2g-4 i ( 1 ` iU reefsoq4 as p / / �"'f .'ZC7YI iVlv lc) -2 11S C(,l�Sc� /U7' lt ( J kit Ih rereSon , Written comments may be submitted by email to mmcfarlandac kodiakak.us, fax to 907- 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, December 15, 2011. PUBLIC HEARING FORM Ordinance No. FY2012 -13 Rezoning Certain Lots Along Spruce Cape Road From R7- Single Family Residential To R2 -Two Family Residential (P &ZC Case 12 -002). This is in support of the rezone. E C E Q G 171 This is in opposition of the rezone. D ❑ Other comments. / DEC 1 3 2011 Name: ■ Y C ` IC • ',Ili,. IA Residence Address: ,(f7 S» 1 et 1'A. Mailing Address: y C i . C - - =� • - Comments: v' I 1i1i [} faCC li ... Aft I IU" DEC 1 3 2011 'iilr` � I BOROUGH GI FRI ' nr r Written comments may be submitted by email to mmcfarland(akodiakak.us, fax to 907- 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, December 15, 2011. Marylynn McFarland From: joe macinko <jrmacinko @gmail.com> Sent: Thursday, December 15, 2011 2:30 PM To: Marylynn McFarland Subject: comments on ordinance fy2012 -13 rezone R1 -R2 P &Z 12 -002 My name is Joe Macinko. I own lots 7a and 7b in the area in question. I am in favor of the rezone. Thanks Joe Macinko 2625 Spruce Cape rd Kodiak, AK r R KODIAK ISLAND BOROUGH el I AGENDA STATEMENT REGULAR MEETING OF: DECEMBER 15, 2011 ITEM NO.: 9_B TITLE: Ordinance No. FY2012 -01(A) Amending Ordinance No. 2012 -01 Fiscal Year 2012 Budget By Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: See attached Amount Budgeted: ATTACHMENTS: Ordinance No. FY2012- 01(A), detailed spreadsheet. Substituted Version of Ordinance No. FY2012 -01(A) APPROVAL FOR AGENDA: SUMMARY STATEMENT: This ordinance: • Budgets for 50% of the cost of the fisheries consultant from the City of Kodiak; • Increases the Kodiak High School Asbestos Removal and Floor Covering project by $83,044 to comply with the State budget; • Combines the Kodiak High School VocEd /Pool Reclamations project, Kodiak High School Old Pool Roof and HVAC Renovations project, and the Kodiak High School Mater Plan project; • Increases the Baranof Park Renovation project by $500,000; • Increases the Learning Center Remodel project by $171,918; • Accepts and budgets a grant in the amount of $466,000 for the Kodiak High School Renovation and Additions project and decreases the amount of the General Obligation bonds to be issued by the same amount; • Accepts and budgets a grant in the amount of $2,000,000 for the Anton Larsen Bay Boat Ramp project; • Accepts and budgets grants received for the Karluk Village, Chiniak, Akhiok, Ouzinkie, and Larsen Bay warning sirens. • Accepts and budgets a grant in the amount of $1,025,000 for the Womens Bay Tsunami Shelter; • Accepts and budgets a grant in the amount of $1,190,853 for the Old Harbor, Karluk, and Port Lions emergency generators; • Budgets for the Long Term Care Center Design project in Fund 495; • Accepts and budgets a grant in the amount of $435,147 for the East Elementary School emergency generator; Kodiak Island Borough Page 1 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT `RFC • Accepts and budgets a grant in the amount of $1,275,000 for the design and planning of the Long Term Care Center; and • Budgets for the Borough's contribution to the Providence Kodiak Island Medical Center by $150,000. RECOMMENDED MOTION: Move to adopt by substitution Ordinance No. FY2012 -01A. Kodiak Island Borough Page 2 of 2 Introduced by: Borough Manager Requested by: Borough Manager 1 SUBSTITUTED VERSION Drafted by: Finance Director Introduced: 12/01/2011 2 Public Hearing: 12/15/2011 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -01(A) 7 8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 9 AMENDING ORDINANCE NO. 2012 -01 FISCAL YEAR 2012 BUDGET BY 10 AMENDING BUDGETS TO ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER 11 BUDGET, PROVIDE FOR ADDITIONAL EXPENDITURES, BUDGET NEW PROJECTS, 12 ACCEPT GRANTS, AND MOVE FUNDS BETWEEN PROJECTS 13 14 WHEREAS, the State of Alaska has not funded the FY2012 Coastal Management Program; and 15 16 WHEREAS, the City wants to fund 50% of the cost of a fisheries consultant; and 17 18 WHEREAS, the Trails Plan project (10030) was extended to give the public more time to review 19 and comment on plan and plan maps; and 20 21 WHEREAS, the Kodiak High School Asbestos Removal and Floor covering project (05010) is 22 increased by $83,044 to be in compliance with the State budget; and 23 24 WHEREAS, the High School Voc Ed /pool reclamations project (05015), Kodiak High School Old 25 Pool Roof and HVAC renovations project (09005), and High School Master Plan project (09004) 26 can be combined; and Ad 2,78 WHEREAS, the first phase of renovating Baranof Park is estimated to cost $3,000,000 with 9 funding by a state contribution of $2,000,000, a City of Kodiak contribution $500,000, and a 30 Borough contribution of $500,000; and 31 32 WHEREAS, the Learning Center Remodel project (05017) is increased to the approved State 33 budget; and 34 35 WHEREAS, the Borough has been awarded a grant for $466,000 for an emergency generator in 36 the High School Renovation and Additions project which will reduce the amount of G.O. Bonds 37 needed for this project; and 38 39 WHEREAS, the Borough has received a grant for $2,000,000 for the Anton Larsen Bay Boat 40 Ramp Project; and 41 42 WHEREAS, the Borough has received additional grants for the Karluk Village, Chiniak, Akhiok, 43 Ouzinkie, and Larsen Bay warning sirens; and 44 45 WHEREAS, the Borough has received a grant for $1,025,000 for a Womens Bay Tsunami 46 Shelter; and 47 48 WHEREAS, the Borough has received a grant for $1,190,853 for emergency generators in Old 49 Harbor, Karluk, and Port Lions; and 50 51 WHEREAS, the Long Term Care Center Design project (09010) needs to be recorded in Fund 52 495; and 53 Kodiak Island Borough Ordinance No. FY2012 -01(A) Page 1 of 2 54 WHEREAS, the Borough has received a grant for $435,147 for an emergency generator in East 55 Elementary School; and 56 57 WHEREAS, the Borough has received a grant for $1,275,000 for the design and planning of a 58 long term care facility; and 59 60 WHEREAS, the required $150,000 Borough contribution to the Hospital was left out of the 61 original FY2012 Budget. 62 63 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 64 BOROUGH THAT: 65 66 Section 1: This ordinance is not of a general application and shall not be codified. 67 68 Section 2: The FY2012 budget will be amended per the attached nine page schedule. 69 70 Section 3: The Borough accepts a $1,025,000 grant from the State of Alaska for construction 71 of the Womens Bay Tsunami Emergency Shelter. 72 73 Section 4: The Borough accepts a $1,275,000 grant from the State of Alaska for the Planning 74 and Design of a Long Term Care Facility. 75 76 Section 5: The Borough accepts a $2,000,000 grant from the State of Alaska for the Anton 77 Larsen Boat Ramp. 78 79 Section 6: The Borough accepts a $2,182,000 grant from the State of Alaska to provide 80 emergency generators in the East Elementary School ($435,147), the Kodiak High 81 School ($466,000), the Old Harbor School ($1,007,000), the Karluk School 82 ($33,000) and the Port Lions School ($240,853). 83 84 Section 7: The Borough accepts an amendment which increases the Karluk warning siren 85 grant to $16,936. 86 87 Section 8: The Borough accepts an amendment which increases the Ahkiok, Ouzinkie, and 88 Larsen Bay Warning Sirens grant to $141,703. 89 90 Section 9: The Borough accepts a $45,000 grant for a warning siren in Chiniak. 91i4 10: The Borough appropriates $500,000 from the receipts in the Renewal and 93 Replacement Fund to the Baranof Park renovation project to be released to 94 the City of Kodiak after Borough Assembly approval of an agreement with 95 the City. 96 97 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 98 THIS DAY OF 2011 99 100 KODIAK ISLAND BOROUGH 101 102 103 104 Jerome M. Selby, Borough Mayor 105 ATTEST: 106 107 108 109 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -01(A) Page 2 of 2 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 100 General Fund Revenues: Property Tax 31,610 52,229 (20,619) 16,000 47,610 Boat & Motor Vehicle Tax 40,440 24,046 16,394 (16,000) 24,440 Payment in Lieu of Taxes 1,348,000 - 1,348,000 _. 1,348,000 Severance Taxes 1,512,581 48,979 1,463,602 40,000 1,552,581 Penalties & Int on Tax 150,000 26,685 123,315 - 150,000 Licenses and Permits 85,250 27,229 58,021 - 85,250 Federal Shared Revenue 252,000 - 252,000 - 252,000 Temporary Fiscal Relief 955,015 737,223 217,792 - 955,015 Raw Fish Tax 1,200,000 1,200,000 - 1,200,000 Raw Fish Tax - Offshore 50,000 50,000 - 50,000 Telephone and Electric 26,000 26,000 - 26,000 Cruise Ship 25,000 25,000 - 25,000 PERS on Behalf Payment 120,000 120,000 - 120,000 Fines - Interest Earnings 125,000 125,000 - 125,000 Miscellaneous 10,725 2,563 8,162 - 10,725 Use of Fund Balance - - - Sale of Fixed Assets - - - - Transfer In - - - - - Total 5,931,621 918,954 5,012,667 40,000 5,971,621 Expenditures: Borough Assembly 175,900 51,875 124,025 - 175,900 Borough Manager 448,573 155,074 293,499 - 448,573 Borough Clerk 517,404 163,950 353,454 - 517,404 Borough Attorney 129,000 15,923 113,077 - 129,000 Finance Department 841,400 233,083 608,317 - 841,400 Information Technology Department 830,355 238,520 591,835 830,355 Assessing Department 613,038 168,355 444,683 - 613,038 Engineering/ Facilities Dept 257,789 86,754 171,035 - 257,789 Community Development 716,310 220,384 495,926 (20,000) 696,310 Building Official 131,539 4,177 127,362 - 131,539 ,,// Economic Development 95,600 600 95,000 C 40,000 135,600 % p/' - General Administration 224,122 60,120 164,002 -- - 224,122 Parks and Recreation 35,000 2,831 32,169 (15,000) 20,000 Emergency Preparedness 37,000 4,345 32,655 - 37,000 School District Support 331,871 - 331,871 - 331,871 Health and Sanitation 286,315 286,300 15 - 286,315 Culture and Recreation 96,685 60,466 36,219 - 96,685 College and Libraries 87,000 87,000 - 87,000 Transfers Out 76,720 76,720 35,000 111,720 Total 5,931,621 1,752,757 4,178,864 40,000 5,971,621 Fund 201 School District Support - - Revenue 10,250,350 9,538,914 711,436 - 10,250,350 Expenditures 10,250,350 331,203 9,919,147 - 10,250,350 Fund 205 Child Care Assistance Program - - Revenue 127,135 - 127,135 - 127,135 Expenditures 127,135 29,635 97,500 - 127,135 Fund 210 Land Sales - - Revenue 308,345 3,333 305,012 - 308,345 Expenditures 308,345 63,787 244,558 - 308,345 Backup Info Ordinance No. FY2012 -01A 1 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 220 Buildings and Grounds Revenues Revenues 580,408 76,321 504,087 - 580,408 Transfers in 18,000 18,000 - 18,000 Interest Earnings 1,000 1,000 - 1,000 Use of Fund Balance - - - - Total Revenues 599,408 76,321 523,087 - 599,408 Expenditures Borough Building 563,878 125,485 438,393 - 563,878 MHC Apartments 8,000 1,883 6,117 - 8,000 School Buildings - - - School Buildings Major Repairs 25,030 45,621 (20,591) - 25,030 Chiniak School 19,435 (19,435) - - Various Buildings 2,500 2,500 - 2,500 Total Expenditures 599,408 192,424 406,984 - 599,408 Fund 230 Coastal Management Revenues 31,189 31,189 (31,189) - Expenditures 31,189 31,189 (31,189) - Fund 234 L.E.P.C. - Revenues 22,132 7,751 14,381 - 22,132 Expenditures 22,132 6,858 15,274 - 22,132 Fund 240 Womens Bay Road Service Revenues 220,000 180,442 39,558 - 220,000 Expenditures 220,000 33,916 186,084 - 220,000 Fund 242 Service District No. 1 Revenues 349,500 368,578 (19,078) - 349,500 Expenditures 349,500 7,589 341,911 - 349,500 Fund 243 Service Area No. 2 Revenues 100 100 - 100 Expenditures 100 100 - 100 Fund 244 Monaska Bay Road District Revenues 50,850 61,040 (10,190) - 50,850 Expenditures 50,850 559 50,291 - 50,850 Fund 246 Bay View Road Service Area - Revenues 11,265 13,098 (1,833) - 11,265 Expenditures 11,265 1,531 9,734 - 11,265 Fund 250 Fire Protection Area No. 1 Revenues 520,210 531,870 (11,660) - 520,210 Expenditures 520,210 103,344 416,866 - 520,210 Fund 252 Womens Bay Fire Department Revenues 181,500 98,070 83,430 - 181,500 Expenditures 181,500 25,562 155,938 - 181,500 Fund 254 KIB Airport Fire District Revenues - - - Expenditures 13,870 11,574 2,296 - 13,870 13,870 26 Fund 260 Woodland Acres Street Lights Revenues 10,550 11,574 (1,024) - 10,550 Expenditures 10,550 1,402 9,148 - 10,550 Fund 261 Trinity Islands Lighting Dist. Revenues 5,505 5,268 237 - 5,505 Expenditures 5,505 492 5,013 - 5,505 Fund 262 Mission Lake Tide Gate Revenues 3,700 4,844 (1,144) - 3,700 Expenditures 3,700 7 3,693 - 3,700 Backup Info Ordinance No. FY2012 - 01A 2 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 263 Trinity Islands Paving Dist. Revenues 16,250 2,508 13,742 - 16,250 Expenditures 16,250 30 16,220 - 16,250 Fund 276 Facilities Fund Revenues 840,000 - 840,000 - 840,000 Expenditures/Transfers Out: Building Insurance 140,000 140,000 - - 140,000 Debt Service 400,000 400,000 - - 400,000 Capital Projects Fund 410 300,000 300,000 - - 300,000 Capital Projects Fund 469 - - - Contingencies - - - Contengencies - inflation proofing - - - - - Total Expenditures 840,000 840,000 - - 840,000 Fund 277 Tourism Development Revenues 92,000 35,981 56,019 - 92,000 Expenditures 92,000 13,910 78,090 - 92,000 Fund 290 Fern Fuller Trust Revenues 66,500 - 66,500 - 66,500 Expenditures 66,500 - 66,500 - 66,500 Fund 295 Special Projects Revenues Transfer in - General Fund 577,372 577372 - 35,000 612,372 Expenditures 10030 Trails Plan 125,000 148,706 (23,706) 35,000 160,000 Subdivision, Zoning and Land Management Code Upc 322,372 247,851 74,521 - 322,372 Assembly Chambers Upgrade 50,000 - 50,000 - 50,000 Outside revies of salary scale 60,000 - 60,000 - 60,000 Laser Fiche Upgrade 20,000 - 20,000 - 20,000 Total expenditures 577,372 396,557 180,815 - 612,372 Fund 300 Debt Service Revenues Property taxes 1,633,190 1,609,499 23,691 1,633,190 State Debt Reimbursement 2,265,000 - 2,265,000 - 2,265,000 Interest Earnings - - - - Other - - - Transfers in - - - Facilities Fund 400,000 400,000 - - 400,000 Bond Premium - - - - - Proceeds of long term debt - - - - - Use of fund balance 1,465 - 1,465 - 1,465 Total Revenues 4,299,655 2,009,499 2,290,156 - 4,299,655 Expenditures Expenditures - School Debt 3,549,806 3,040,330 509,476 - 3,549,806 Expenditures - Hospital Debt 743,245 701,880 41,365 - 743,245 Expenditures -Kaduk Loans 6,004 - 6,004 - 6,004 Total Expenditures 4,299,055 3,742,210 556,845 - 4,299,055 • Backup Info 3 Ordinance No. Ff2012 -01A As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Capital Projects Fund 410 - Borough Capital Projects: Revenues: Interest Earnings 264,715 - 264,715 - 264,715 State Grant 312,877 312,877 - - 312,877 Exxon claim settlement monies 217,322 217,322 - - 217,322 Miscellaneous - - - - Total Revenues 794,914 530,199 264,715 - 794,914 Operating Transfers In: Facilities Fund 293,328 293,328 - - 293,328 Fund 450 369,499 369,499 - - 369,499 Total Operating Transfers In 662,827 662,827 - - 662,827 Use of Fund Balance - - - Total Revenues 1,457,741 1,193,026 264,715 - 1,457,741 Projects: 85 Village Metals 150,000 9,842 140,158 - 150,000 03105 Northstar School road /parking lot design 55,000 49,439 5,561 - 55,000 05025 High School Gym Seismic 50,000 6,860 43,140 - 50,000 08003 HS Soil Remediation 475,110 462,382 12,728 - 475,110 08004 Computer Assisted Mass Appraisal and Collecti 400,000 340,689 59,311 - 400,000 09001 Upgrade to NWS 184,530 181,993 2,537 - 184,530 09012 Phase II KHS Soil Remediation 100,000 79,220 20,780 - 100,000 Contingenies 43,101 - 43,101 - 43,101 Total Borough Projects 1,457,741 1,130,425 327,316 - 1,457,741 Fund 420 -GO Bond Projects: - Revenues: Interest Earnings 1,790,304 1,374,937 415,367 124,832 1,915,136 Proceeds from bond 2004A Bond Issue 9,894,639 9,894,639 - 9,894,639 Proceeds from bond 20048 Bond Issue 11,050,000 11,050,000 - - 11,050,000 Proceeds from bond 2008 Bond Issue 8,000,000 8,000,000 - - 8,000,000 Transfer in from Fund 410 - - - - 30,734,943 30,319,576 415,367 124,832 30,859,775 Projects: 03119 New Swimming Pool 13,960,000 13,808,817 151,183 - 13,960,000 04101 Old Harbor GymNoc Ed renovation 3,342,383 3,192,085 150,298 181 3,342,564 04102 Larsen Bay School floor repair 339,883 7,436 332,447 - 339,883 04103 Ouzinkie Gym renovation 3,351,305 3,151,444 199,861 - 3,351,305 05002 Evacuation Center earthquake evaluation 500,000 340,273 159,727 - 500,000 05009 Kodiak Middle School concrete repair 237,918 143,573 94,345 - 237,918 05010 KHS Asb Remvl /Floor Coy 420/515 221,660 212,518 9,142 83,044 304,704 05011 District-wide floor covering replacement 916,886 767,822 149,064 - 916,886 05012 Kodiak High School heating and ventilation 250,000 236,818 13,182 - 250,000 05013 KHS Exterior Insulation & Window Upgrade 596,020 596,020 - - 596,020 05014 KMZ/MZ Complex Roof Upgrade 1,420,820 1,410,708 10,112 - 1,420,820 05015 High School Voc ed /pool reclaimafion 4,114,199 1,118,221 2,995,978 726,589 4,840,788 05016 East School heating and ventilation 621,372 580,647 40,725 - 621,372 05017 Learning Center Remodel 5,597 5,597 - 171,918 177,515 09004 HS Master Plan 130,331 - 130,331 (130,331) - 09005 KHS Old Pool Roof & HVAC Renovation 726,569 - 726,569 (726,569) - 30,734,943 25,571,979 5,162,964 124,832 30,859,775 Fund 460 - High School Renovation and Additions Revenues Sale of Bonds 76,310,000 8,008,544 68,301,456 (466,000) 75,844,000 State Grant - 8,008,544 (8,008,544) 466,000 466,000 Interest Earnings 250,000 14,162 235,838 - 250,000 Total Revenues 76,560,000 16,031,250 60,528,750 - 76,560,000 Projects - High School Renovation and Additions 76,560,000 1,303,073 75,256,927 - 76,560,000 Total 76,560,000 1,303,073 75,256,927 - 76,560,000 Backup Info Ordinance No. FY2012 -01A 4 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 430 -State Capital Grant Projects: Revenues: 177 Anton Larsen Bay Boat Ramp 560,000 - 560,000 2,000,000 2,560,000 06006 Road Service Area Rehab and paving 2,500,000 - 2,500,000 - 2,500,000 06007 ADF & G Building Design 1,500,000 - 1,500,000 - 1,500,000 05026 HS Library Wing Seismic Retrofit 465,618 - 465,618 - 465,618 07008 School Facilities Seismic Repairs 910,000 - 910,000 - 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 - 100,000 - 100,000 07010 ADF & G Near Island Facility 500,000 - 500,000 - 500,000 07012 Ouzinkie School Seismic Upgrade 308,344 - 308,344 - 308,344 07014 East Elementary School Siesmic Upgrade 164,522 - 164,522 - 164,522 07007School District Computer Grant 70,000 - 70,000 - 70,000 08007 Kodiak Middle School Playground Equipment 10,000 - 10,000 - 10,000 08008 Near Island Fish and Game Building 950,000 - 950,000 - 950,000 08009 FireSprinklers Seismic Upgrade 48,656 - 48,656 - 48,656 08011 Non - Structural Seismic Upgrades for Kodiak Sol 171,201 - 171,201 - 171,201 08012 Non - Structural Seismic Upgrades for Kodiak Sc 75,490 - 75,490 - 75,490 09002 Alaska Safe Routes to School 5,000 - 5,000 - 5,000 09003 Public Safety lnteroperable Communications (dc 70,320 - 70,320 - 70,320 09007 Denali Grant (AKA Kodiak Island Transportation 125,000 - 125,000 - 125,000 09007 DOT Grant (AKA Kodiak Island Transportation S 100,000 - 100,000 - 100,000 Women's Bay emergency Shelter - HUD grant (Fedral) 475,000 - 475,000 - 475,000 10023 Energy Block Grant US Dept of Energy 50,000 - 50,000 - 50,000 10024 Karluk Village Warning Sirens 45,000 - 45,000 16,936 61,936 10025 Akhiok, Ouzinkie, Larsen Bay Village Warning S 145,000 145,000 (3,297) 141,703 xxxxx Womens Bay Tsunami Shelter - - 1,025,000 1,025,000 xxxxx Chiniak Siren - - 45,000 45,000 Transfers in from fund 100 260,000 - 260,000 - 260,000 Transfers in from fund 410 390,000 - 390,000 - 390,000 Transfers in from fund 410 Anton Larsen Boat Ramp 136,350 - 136,350 - 136,350 Anton Larson Boat Ramp from facilites fund 60,000 - 60,000 60,000 Dingell- Johnson Contribution 140,000 - 140,000 140,000 Interest earnings 3,077 - 3,077 - 3,077 Total Revenues 10,338,578 - 10,338,578 3,083,639 13,422,217 Projects: 177 Anton Larsen Bay Boat Ramp 896,350 885,380 10,970 2,000,000 2,896,350 05026 HS Library Wing Seismic Retrofit 662,834 645,156 17,678 - 662,834 06006 Road Service Area Rehab and paving 2,500,000 2,655,719 (155,719) - 2,500,000 06007 ADF & G Building Design 2,982,345 1,656,460 1,325,885 - 2,982,345 07007 School District Computer Grant 70,000 28,176 41,824 - 70,000 07008 School Facilities Seismic Repairs 1,300,000 - 1,300,000 - 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 82,250 17,750 - 100,000 07012 Ouzinkie School Seismic Upgrade 319,244 319,050 194 - 319,244 07014 East Elementary School Siesmic Upgrade 164,522 150,794 13,728 - 164,522 08007 Kodiak Middle School Playground Equipment 10,000 - 10,000 - 10,000 08009 FireSprinklers Seismic Upgrade 48,656 43,120 5,536 - 48,656 08011 Non-Structural Seismic Upgrades for Kodiak Scl 171,201 167,718 3,483 - 171,201 08012 Non-Structural Seismic Upgrades for Kodiak Sc 75,490 71,897 3,593 - 75,490 09002 Alaska Safe Routes to School 5,000 - 5,000 - 5,000 09003 Public Safety Interoperable Communications 70,320 70,101 219 - 70,320 10023 Energy Block Grant US Dept of Energy 50,000 42,174 7,826 - 50,000 09007 Island Wide Transportation Study 225,000 - 225,000 - 225,000 10024 Kaduk Village Warning Sirens 45,000 16,937 28,063 16,936 61,936 10025 Akhiok, Ouzinkie, Larsen Bay Village Warning S 145,000 135,000 10,000 (3,297) 141,703 xxxxx Womens Bay Tsunami Shelter - - 145,000 1,025,000 1,025,000 Women's Bay emergency Shelter - HUD grant (Fedral) 475,000 - 475,000 - 475,000 )oom Chiniak Siren - 145,000 45,000 45,000 Contengencies 22,616 - 22,616 - 22,616 Total Expenditures 10,338,578 6,969,932 3,658,646 3,083,639 13,422,217 Backup Info Ordinance No. Fy2012 -0LA 5 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 450 Capital Projects Revenues State Seismic Reimbursement 3,698,450 3,774,116 (75,666) - 3,698,450 11001 KMS Gym Sesimic upgrade (grant) 462,000 - 462,000 - 462,000 FEMA 146,823 232,568 (85,745) - 146,823 State Grant 90,000 - 90,000 1,190,853 1,280,853 Interest Earnings - 11,634 (11,634) - - Transfer in Fund 495 85,000 - 85,000 - 85,000 Transfer in from Building and Grounds 95,000 95,000 - - 95,000 Total Revenues 4,577,273 4,113,318 463,955 1,190,853 5,768,126 09011 Auditorium Roof 883,422 883,422 - 883,422 09010 Care Center Design Grant les,coe came from fund 49E 175,000 30,854 144,146 (175,000) 09013 High School Fire Alarms 243,933 34,028 209,905 - 243,933 09015 Demo Old Chiniak School 104,000 83,024 20,976 - 104,000 09016 Akhiok Sewer Line 72,800 25,494 47,306 - 72,800 09017 East Close(in place) & Replace UST 66,194 - 66,194 (66,194) 09018 Middle School Close(in place) & Replace UST 66,194 11,322 54,872 - 66,194 09019 Boro. Build.Power Distribution Panels 55,561 - 55,561 - 55,561 09020 Main Roof 50,059 26,733 23,326 - 50,059 09021 Boro. Build. Sidewalk and Handrail Repairs 50,566 50,566 - - 50,566 09022 Boro. Build. Lighting 20,835 - 20,835 - 20,835 10000 High School Parking Lot Paving 486,486 283,113 203,373 - 486,486 10001 School District Small Projects 41,127 41,127 - - 41,127 10002 Disaster Declaration 5,462 (5,462) - - 10003 Ergency Measures - FEMA 1,824 16,907 (15,083) - 1,824 10004 Panamaroff Creek Road FEMA 11,255 11,803 (548) - 11,255 10005 Alitak Rain Event FEMA 309 309 - - 309 10006 Fairgrounds General Debris FEMA - 8,270 (8,270) - - 10007 Fairgrounds General Repair 21,992 21,992 - - 21,992 10008 Fairgrounds emergency Measures FEMA 56 4,959 (4,903) - 56 10009 Middle Bay /Chiniak Rain event FEMA 972 28,015 (27,043) - 972 10010 Womens Bay Service Area Debris FEMA 412 25,244 (24,832) - 412 10011 Bells Flats Road FEMA 16,942 16,942 - - 16,942 10012 Panamaroff Creek Road FEMA 1,261 1,388 (127) - 1,261 10013 Panamaroff Creed Road Section FEMA 7,400 9,185 (1,785) - 7,400 10014 South Russian Creek Rd FEMA 84,034 84,479 (445) - 84,034 10016 Womens Bay Rain Event FEMA 366 366 - - 366 10017 Chiniak School Soil Remediation 95,000 27,233 67,767 - 95,000 10029 Kodiak Middle School Emergency Generator 82,661 82,661 - - 82,661 11001 KMS Gym Sesimic upgrade (grant) 462,000 373,002 88,998 - 462,000 xxxx Old Harbor Emergency Generator - - - 1,007,000 1,007,000 xxxx Kaduk Emergency Generator - - - 33,000 33,000 xxxx Port Lions Emergency Generator - - - 240,853 240,853 Contingencies 119,036 119,036 - 119,036 Transfer to Fund 410 369,499 369,499 - 369,499 Transfer to Fund 420 933,009 933,009 - 933,009 Transfer to Fund 495 - - 85,000 85,000 Transfer to Fund 469 53,068 53,068 66,194 119,262 Total Expenditures 4,577,273 1,304,478 3,272,795 1,190,853 5,768,126 Fund 460 - High School Renovation and Additions Revenues Legislative Grant - emergency generator - - - 466,000 466,000 Sale of Bonds 76,310,000 8,008,544 68,301,456 (466,000) 75,844,000 Interest Earnings 250,000 14,162 235,838 - 250,000 Total Revenues 76,560,000 8,022,706 68,537,294 - 76,560,000 Projects 10021 High School Renovation and Additions 76,560,000 1,304,074 75,255,926 - 76,560,000 Total 76,560,000 1,304,074 75,255,926 - 76,560,000 Backup Info Ordinance No. FY2012 -01A 6 As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 469 Renewal and Replacement Projects Revenues Legislative Grant - emergency generator - - 435,147 435,147 Receipts in Renewal and Replacement Fund 4,300,409 4,300,409 500,000 4,800,409 Transfer in from Fund 450 53,068 53,068 66,194 119,262 Total Revenues 4,353,477 - 4,353,477 1,001,341 5,354,818 Expenditures 10037 Borough Building New Roof 1,190,020 806,213 383,807 - 1,190,020 11002 East Elementary Generator & Building 780,196 435,117 345,079 501,341 1,281,537 11003 Chiniak Removal of Underground Storage Tank 74,751 5,621 69,130 - 74,751 11009 Karluk Removal of Underground Storage Tank (l 91,515 2,445 89,070 - 91,515 11010 Karluk HVAC Controls 59,400 52,382 7,018 - 59,400 11004 Ahkiok Teacherage Rehabilitation 44,441 - 44,441 - 44,441 11005 Borough Building Combustion Air Fan 21,637 - 21,637 - 21,637 12005 East & Peterson Flooring 738,504 313 738,191 - 738,504 12007 Larsen Bay Old HVAC Equip & controls 546,487 231 546,256 - 546,487 12004 Boro. Build. Return Air duct for 2nd floor 270,459 115 270,344 - 270,459 12001 Boro. Build. And East Exterior Paint 269,499 114 269,385 - 269,499 12002 Port Lions Remove UST 82,220 33 82,187 - 82,220 12008 Main Remove UST 69,401 29 69,372 - 69,401 12003 Boro. Build. New Receptacles 63,107 27 63,080 - 63,107 12006 KMS Elevator Controls 51,840 22 51,818 - 51,840 ,�(XXXX Baraonof Park - - - 500,000 500,000 / Contingencies - Total Expenditures 4,353,477 1,302,662 3,050,815 1,001,341 5,354,818 Fund 490 Landfill Capital Projects - - Landfill Closeout/Leachate Treatment 3,000,000 - 3,000,000 - 3,000,000 165 Landfill Closeout/Leachate Treatment 3,000,000 - 3,000,000 - 3,000,000 Fund 495 Hospital Capital Projects - Hospital 700,000 - 700,000 - 700,000 Providence 325,000 - 325,000 - 325,000 Grant 180,000 - 180,000 1,365,000 1,545,000 From Facilities Fund 397,540 - 397,540 - 397,540 Interest earnings - - - Denali Commission 1,802,347 - 1,802,347 - 1,802,347 Rasmusson 750,000 - 750,000 - 750,000 Murdock 250,000 - 250,000 - 250,000 Denali Match 125,000 - 125,000 - 125,000 Kodiak Foundation 30,000 - 30,000 - 30,000 Denali ANTHC 125,000 - 125,000 - 125,000 USDA Loan 900,000 - 900,000 - 900,000 USDA Grant 105,000 - 105,000 - 105,000 Providence 281,943 - 281,943 - 281,943 From General Fund 295,000 - 295,000 - 295,000 Fund 450 - - - - From Facilities Fund 125,000 - 125,000 - 125,000 Total Revenues 6,391,830 - 6,391,830 1,365,000 7,756,830 03112 Hospital access and parking, Phase I & II 1,727,540 - 1,727,540 - 1,727,540 05021 CHC architural Engineering 4,579,290 - 4,579,290 - 4,579,290 09010 Care Center Design 85,000 - 85,000 1,365,000 1,450,000 Total Expenditures 6,391,830 - 6,391,830 1,365,000 7,756,830 Fund 530 Solid Waste Collection /Disposal Revenues 2,329,807 781,881 1,547,926 - 2,329,807 Expenditures 2,329,807 381,615 1,948,192 - 2,329,807 Backup Info 7 Ordinance No. FY2012 -01A As of Budget Adopted Budget 10/31/2011 Balance Adjustments Revised Budget Fund 540 Hospital Enterprise Fund Revenues: Interest Earnings - - Providence Hospital Lease 720,000 240,000 480,000 - 720,000 Transfer in from Fern Fuller 66,500 - 66,500 - 66,500 Use of Retained Earnings 156,205 - 156,205 150,000 306,205 Total Revenues 942,705 240,000 702,705 150,000 1,092,705 Expenditures and Transfers: - Expenditures 942,705 1,869 940,836 150,000 1,092,705 Total Expenditures 942,705 1,869 940,836 150,000 1,092,705 Fund 555 - Kodiak Fisheries Research Center Revenues 2,122,004 284,956 1,837,048 - 2,122,004 Expenditures Research Facility 2,077,504 197,013 1,880,491 - 2,077,504 Dorm Facility 44,500 8,639 35,861 - 44,500 2,122,004 205,652 1,916,352 - 2,122,004 Fund 560 - Telephone 911 Service Revenues 50,000 11,884 38,116 - 50,000 Expenditures 50,000 115 49,885 - 50,000 Backup Info Ordinance No. Ff2012 -01A 8 ° " . -`�t . KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: DECEMBER 15, 2011 ITEM NO.: 13.A.1 TITLE: Contract No. FY2012 -15 Professional Services Agreement for Fisheries Analyst Consulting and Related Services. ORIGINATOR: Choose an originator. FISCAL IMPACT: ® Yes $40,000 or ❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: $40,000, subject to approval ATTACHMENTS: Contract No. FY2012 -15 APPROVAL FOR AGENDA: o up,„ SUMMARY STATEMENT: The Borough Assembly and City Council have discussed the need to jointly have a fisheries analyst consultant to provide professional advice and information on fisheries related issues to both groups. The issue has been discussed many times over the course of a year or more. This summer, both groups created a small sub - fisheries committee of two Assembly members, two Council members, and both Managers to develop a Request for Proposals (RFP) for the services of a fisheries analyst consultant. The Borough Manager issued the RFP and the sub- committee met on September 1, 2011, to review the two proposals received. The Assembly and Council met in a joint work session on September 13, 2011, to discuss the two proposals and accepted the sub - committee's recommendation that Denbly Lloyd with Alaska Resource Consultancy be interview. On October 24, 2011, the Assembly and Council interviewed Denby Lloyd and the sub - committee met on October 27, 2011, to begin to develop a contract for review by Denby Lloyd and both bodies. The contract has been negotiated by the Borough Manager, City Manager and Denby Lloyd and has been reviewed by the Borough attorney. The contract is for two years with two one options to extend upon approval by the Borough, City and Contractor. The contract is for $4,000 per month and reimbursement of reasonable travel - related costs. The costs will be shared with the City on a 50 -50 basis. A mid -year budget amendment which is also before the Assembly for approval includes a budget of $40,000 for this contract. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2012 -15 with Alaska Resource Consultancy, LLC of Kodiak, Alaska for fisheries analyst consultant services in an amount not to exceed $40,000. Kodiak Island Borough Page 1 of 1 Professional Services Agreement with Alaska Resource Consultancy for Fisheries Analyst Consulting and Related Services This AGREEMENT, made and entered into this th day of , 20 by and between the KODIAK ISLAND BOROUGH, organized under the laws of the State of Alaska, hereinafter referred to as the "Borough ", the CITY OF KODIAK, organized under the laws of the State of Alaska, hereafter referred to as the "City" and Alaska Resource Consultancy, LLC a limited liability company authorized to do business in Alaska, with offices located at Kodiak, Alaska, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the Borough and City wish to enter into a contract with an independent contractor to monitor, analyze and report on fisheries issues and policy developments that may impact or affect the economy and community in Kodiak, Alaska; and WHEREAS, in response to a request for proposals, Contractor submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — Alaska Resource Consultancy, LLC proposal dated August 24, 2011 Exhibit B — Borough and City's request for proposals 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the Borough and City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "Borough" shall mean the Kodiak Island Borough, Alaska. 1.4 "Borough /City Fisheries Subcommittee" is a sub - committee of the Borough Assembly and City Council consisting of two Assembly members and two Council members. Page 1 of 10 \\ dove \Departments\MA \U- Manager\U- Fishery Issues\Professional Services Agreement Fisheries Consultant (finai).doc 1.5 "City" shall mean the City of Kodiak, Alaska. 1.6 "Contracting Officers" shall mean Borough Manager and the City Manager, and include any successor or authorized representatives. 1.7 "Contractor" shall mean Alaska Resource Consultancy, LLC. 1.8 "Fisheries Consultant Services" shall include monitoring, analyzing, and reporting to the Borough and City on fisheries issues and policy developments that may impact or affect the economy and communities with the City and the Borough, as further described in the Borough's and City's request for proposals (Exhibit B) and Contractor's proposal (Exhibit A). 2.0 TERM OF AGREEMENT. This Agreement shall take effect on January 1, 2012. This Agreement shall remain in full force and effect for two years expiring on December 31, 2013. This Agreement may be extended for two one year options to extend upon approval by the Borough, City and Contractor. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. Contractor will be paid $4,000 per month, at the beginning of each month, and reimbursed for reasonable travel - related costs including airfare, local transportation, lodging and per diem for meals based on the current US Government Services Administration (GSA) agency schedule. The Contractor will submit monthly invoices, detailing work and expenses incurred. The Borough and City will each pay one half of each accurate monthly invoice. 4.0 SCOPE OF SERVICES. The Borough, City, and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide Fisheries Consultant Services based on approved standards and instructions [,as specifically described in Exhibits A and B.] When available, Contractor will also attend local meetings of the Kodiak Fisheries Advisory Committee (KFAC) and the Kodiak Regional Aquaculture Association (KRAA). Attendance at other meetings may be requested by the Borough /City Fisheries Sub - committee. Additional Contractor fee for additional meetings (if any) must be agreed to, in writing, and approved by the Borough /City Fisheries Sub - committee. This Scope of Services can only be changed in writing pursuant to Section 25.0 of this Agreement. Page 2 of 10 'Move \Departrnents\MA \U- Manager\U- Fishery Issues \Professional Services Agreement Fisheries Consultant (final).doc 5.0 REPORT SCHEDULE. Written quarterly reports shall be provided to the Borough and City within 30 days following the end of each calendar quarter. Contractor shall also report, written and /or oral, to the Borough /City Fisheries Sub - committee after each fisheries meeting attended and attend Borough /City Joint Work Sessions when requested by the Borough /City Fisheries Sub- committee. Joint work sessions are anticipated to occur on a quarterly basis. 6.0 PERSONNEL /ORGANIZATION 6.1 Key Personnel. Fisheries Consultant Services provided by the Contractor will be performed by: Denby S. Lloyd 6.2 Changes in Key Personnel. The Contractor shall give the Borough and City, through notice to the Contracting Officers, reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough and City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to use its best efforts to provide Fisheries Consultant Services. The Contractor accepts the relationship of trust and confidence established between it and the Borough and City by this Agreement. The Contractor covenants with the Borough and City to furnish its best skill and judgment. The Contractor shall provide all services in a competent manner. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the Borough, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the Borough and City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this Agreement, including attorney fees and costs. The Contractor is not required to indemnify, defend, or hold harmless the Borough or City for a claim of, or liability for, its (the Borough or City, as applicable) independent negligent acts, errors, and omissions. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor Page 3 of 10 dove\Departments \MA \U- Manager \U -Fishery Issues \Professional Services Agreement Fisheries Consultant (final).doc and the Borough and City, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor ", "Borough" and "City" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough and City means negligence other than in the Borough's and City's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work. 11.0 INSURANCE. The Contractor understands that no Borough or City insurance coverage, including Workers' Compensation, is extended to the Contractor while completing the services described in this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement until the Contractor provides the Borough and City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. Borough and City are additional insureds thereunder as respects liability arising out of or from the work performed by Contractor. b. Borough and City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against Borough and City and their employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the Borough and City. Upon request, Contractor shall permit the Borough and City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be subject to revision at the Contracting Officers' request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. Page 4 of 10 \ \ dove\Departments \MA\U- Manager \U - Fishery Issues \Professional Services Agreement Fisheries Consultant (final).doc 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Borough and City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the Borough and City hereunder, be delivered to the Borough and City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the Borough and City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the Borough and City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the Borough and City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the Borough, City or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights tb rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY /PERFORMANCE. The Contractor shall comply with all federal and state statutes, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. Page. 5 of 10 l\ dove \Departments \MA \U- Manager\U- Fishery Issues \Professional Services Agreement Fisheries Consultant (final).doc 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by any party upon ten (10) days written notice if another party fails substantially to perform in accordance with its terms. If the Borough or City terminates this Agreement, they will pay the Contractor a sum equal to the percentage of work completed and accepted that can be substantiated by the Contractor, offset by any amounts owed to the Borough or City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. Any party may at any time terminate or suspend this Agreement upon 30 days' prior written notice to each of the other parties, for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Following receipt of a Notice of Termination or suspension and except as otherwise directed by the Contracting Officers, the Contractor shall: a. perform only work authorized under this Agreement through the termination or suspension date and to the extent specified in the Notice; and b. deliver in the manner, at the times, and to the extent directed by the Contracting Officers, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during Page 6 of 10 \ \dove\Departmenfs \MA \U- Manager \U - Fishery Issues\Professional Services Agreement Fisheries Consultant (final).doc employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officers. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the Borough or of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall requite their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the • services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage or Kodiak, Alaska. 25.0 CHANGES IN SCOPE OF WORK. 25.1 General. Additional services not specifically provided for in this Agreement will hot be compensated. 25.2 Changes in Scope of Work. The Contracting Officers may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work to the extent authorized by Borough and City appropriations. 25.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise Page 7 of 10 \\ dove \Departments\MA \U - Manager \U - Fishery Issues \Professional Services Agreement Fisheries Consultant (final).doc affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 25.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the Contracting Officers, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 2540 of this Agreement. 26.0 LIMITATION OF FUNDS. 26.1 At no time will any provision of this Agreement make the Borough or City liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the Borough Assembly (for the Borough) or City Council (for the City) and obligated for expenditure for purposes of this Agreement. 26.2 Change orders issued pursuant to Section 25 of this Agreement shall not be considered an authorization to the Contractor to exceed 'the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 26.3 Nothing in this Section shall affect the right of the Borough and City under Section 17 to terminate this Agreement. 27.0 PRIOR` WORK. For the purposes of this Agreement, work done at the request of the Borough and City before execution of this Agreement, if any, shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. Page -P of 10 Move \ Departments \MA \U - Manager \U - Fishery Issues \Professional Services Agreement Fisheries Consultant (final).doc 28.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties by electronic mail or by United States mail, postage paid, to the addresses noted below: Kodiak Island Borough Alaska Resource Consultancy, LLC Attn: Borough Manager Attn: Denby S. Lloyd, Principal 710 Mill Bay Road, Room 125 P.O. Box 1521 Kodiak, AK 99615 Kodiak, AK 99615 -1521 rgiffordc kodiakak.us denby.11oyd(a�gmail.com City of Kodiak Attn: Aimee Kniaziowski 710 Mill Bay Road Kodiak, AK 99615 akniaziowski@city.kodiak.ak.us Page '9 of 10 \\ dove \Departments \MA \U - Manager \U - Fishery Issues \Professional Services Agreement Fisheries Consultant (final) doc IN WITNESS WHEREOF, the parties have executed this Agreement. Kodiak Island Borough Alaska Resource Consultancy, LLC By: Rick Gifford By: Denby S. LI d Title: Borough Manager Title: Principal Date: Date: 0 2_9 -9^- r/ ATTEST: Nova Javier, CMC Borough Clerk (Borough seal) • City of Kodiak By: Aimee Kniaziowski Title: City Manager Date: ATTEST: Debra Marian MMC City Clerk (City seal) Page 10 of 10 \\dove\Departments \MA\U- Manager \U - Fishery Issues \Professional Services Agreement Fisheries Consultant (final).Coc FISHERIES CONSULTANT REP PURPOSE AND INTENT A. It is the primary intent of this Request for Proposal to select a qualified fine or individual to act as a Fisheries Consultant. The Fisheries Consultant will work jointly for the local governments of Kodiak Island: the Kodiak Island Borough (KIB) and the City of Kodiak (City). The selected proposer will enter into a teen contract for a period of two years With options for two additional one year extensions. The term contract will include a six month initial review to ensure an understanding of the Scope. The contract will also include a termination clause by either party with a 30 day notice. B. The work shall be performed in compliance with all applicable federal, state and local requirements. The KIB and City require all work to be performed efficiently, cost effectively, and according to best business practices of the industry. 2. BACKGROUND /SITUATION The economy of the Kodiak region is based on a healthy, diverse and well - managed fisheries resource that includes more than 30 species of fish harvested and processed onshore. The Kodiak region comprises all fisheries user groups- - subsistence, sportfish, commercial sportfish, personal use, commercial fish, the processing sector,.fisheries research and protection sectors, and the fishing industry support sector. Policy development and regulatory management in the Kodiak.region is challenging because of the need to address such diverse and competing concerns as species fished, vessel size, gear type, limited entry permits, quota share, limited license permits, and crew share interests. 3. SCOPE (aim or purpose) The primary role ol'the Fisheries Consultant will be to monitor, analyze and report on fisheries issues and policy developments that may impact or affect the economy and community of Kodiak. A. Monitor actions and pending decisions of regulatory bodies such as the NOAA /National Marine Fisheries Service, the State of A]aska.Department of Fish and Game. and International Pacific Halibut Commission to anticipate regulatory actions that could impact Kodiak's economy. B. Attend meetings of the North Pacific Fisheries Management Council, State of Alaska Board of Fisheries, and other fishery meetings as directed, to provide a summary of issues, discussion and actions to the Assembly /City Council that could impact Kodiak's economy. C. Provide written quarterly report to both the Borough Assembly and the City Council and make presentations at joint Borough Assembly /City Council work sessions. Reporting should include discussions or updates of ongoing concerns, introductions of proposed changes, and a summary of work performed since the previous report. D. Prepare analyses of potential impacts of proposed regulatory changes on the - Kodiak economy. E. Provide information to Assembly /Council to analyze and understand issues based on facts and from a neutral point of view, and to make decisions or develop positions on issues affecting or impacting the economy and people of Kodiak. F. The successful proposer should possess the following qualifications: * An understanding of local and regional fisheries to include species, vessel and gear types, fisheries user groups -- subsistence, sportfish, commercial sport-fish, personal use and commercial fish, and the processing sector. * A thorough understanding of the State constitution regarding Alaska's fisheries and all state and federal fisheries laws and regulations. * An understanding of fisheries resource management issues and how they affect Kodiak's economy. * Ability to communicate effectively, both orally and written, to and on behalf of the governing boards. * The ability to remain neutral on divisive issues. * Extensive experience in state and federal fisheries resource management processes. * Ability to provide applicable insurance coverage, such as workers' compensation, commercial automobile liability and professional liability. * Possession of a State of Alaska Business License. G. The successful proposer will enter into a professional services contract that must be approved by the Kodiak Island Borough Assembly and Kodiak City Council. 3. REQUIRED INFORMATION A. Proposals must include: • Transmittal Letter • Implementation Plan • Company Profile • Experience • Credentials • Proposed Fee • References • Ability to provide applicable insurance coverage 4. PROPOSAL PROCESS A. Proposals will be accepted until 3 PM on August 24, 2011. It is the proposer's responsibility to deliver proposals to: ICodiak Island Borough Office of the Manager 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9301 Faxed and electronic proposals will not be accepted. B. Proposals must be clearly marked: FISHERIES CONSULTANT SERVICES PROPOSAL Provide six unbound copies of the proposal. C. Evaluation Methodology: Bach proposal will be evaluated according to criteria and given the relative weight shown in the table below. egftWartiltiefalaratinkiNfiratiaWffiliat PROPOSED RATES 25% QUALIFICATIONS /EXPERIENCE 25% IMPLEMENTATION PLAN 25% REFERENCES 15% OVERALL QUALITY OF PROPOSAL 10% The Kodiak Island Borough and City of Kodiak reserve the right to reject or accept any or all bids, to waive irregularities or informalities in the proposal, and to give particular attention to the qualifications of the Proposer. KIB and City reserve the right to issue written addenda to revise or clarify the RFP; respond to questions, and /orextend or shorten the due date of proposals. KIB and City retain the right to cancel the RFP process if it is in their best interest. Any cost incurred by proposers for the preparation and submittal of the proposal is the sole responsibility of the proposer. A proposal may be corrected or withdrawn by a written request received prior to the deadline for receipt of proposals. All proposals become part of the public record and no part of any proposal may be confidential. All proposals and other material submitted become K113 and City property and may be returned only at their option. KIB and assume no responsibility or liability for the transmission, delay, or delivery of proposals by either public or private carriers. Any and all media announcements pertaining to this RFP require ICIB and City's prior written approval. This RFP does not obligate KIB and City ot the selected proposer until a contract is signed and approved by all parties. Please contact Borough Manager Rick Gifford at (907) 486 -9302 with questions regarding this solicitation. FISHERIES CONSULTANT SERVICES PROPOSAL To the Kodiak Island Borough and the City of Kodiak August 24, 20] 1 The Kodiak Island Borough (KIB) and the City of Kodiak (City) have issued a request for proposals (RFP) seeking the services of a Fisheries Consultant to monitor, analyze and reporton fisheries issues and policy developments that may impact or affect the economyand community of Kodiak. This proposal is submitted by Denby Lloyd (Principal of Alaska Resource Consultancy) in response to the KIB /City RFP and is valid through December 31, 2011. Background As noted in the RFP, the economy of the Kodiak region is based upon healthy, diverse and well - managed fisheries resources. Kodiak is one of the nation's foremost fishing ports. Its cultural heritage, social fabric and economic well -being are derived and dependent upon the conservation and development of the region's productive fishery and living marine resources. In plain view, fisheries resources in the Kodiak region comprise salmon, herring, groundfish, and shellfish that are pursued for subsistence, recreational, personal use, or commercial purposes by participants using specific gear types in state or federal waters. A more complex view encompasses residents and visitors to the city, villages and outlying areas of the Kodiak Archipelago and Shelikof Strait mainland attempting to harvest or pursue a variety of Pacific salmon, trout, char, herring, cods, halibut, rockfish, sablefish, grcenlings, flounders, crabs, clams, scallops and shrimp using mobile or stationary gear such as trawls, longlines, pots, jigs, seines, gillnets, rod and reel, cameras and binoculars inareas and seasonsand under quotas and licenses set, issued and enforced by state and federal agencies. An even more complete view recognizes that individuals, families, small businesses, and large corporations rely on mixtures of fish species, markets, and methods of pursuit and processing; that management jurisdictions and research responsibilities among state, federal, international and educational agencies as well as public and private land owners are complex and dynamic; and that while the interests of fishermen, advocacy 'groups, and industry sectors oftentimes compete, there also frequently are common elements, shared goals, and mutually- beneficial actions that can unite and enrich the community. The KIB and City of Kodiak are not responsible for the management or conservation of fishery . resources. But the local governments are expected to promote local economic interests and they rely upon revenues derived from the region's fisheries. Also, elected officials on the Borough Assembly and the City Council are often expected to represent the interests and express the views of their constituents. In order to be responsive to these expectations, but to carefully avoid inadvertent favoritism or unwarranted preference for one user group or policy position over another, the KIB and City need a reliable source of comprehensive and unbiased information. A fundamental choice facing the KIB /City is whether to engage in fishery regulatory and policy issues on an ad hoc basis, or with concerted effort. There is no "right" answer here; the Borough and the City will continue to function and provide public services. regardless. However, to appreciably understand and effectively participate in Alaska's fishery regulatory forums, a concerted and reliable effort is required. By proceeding with a contract for a Fisheries Consultant, the KlB/City would be making a conscious and substantive choice to become a significant participant, similar to efforts of the Aleutians East and Lake and Peninsula Boroughs and the City of Unalaska. It is with a deep appreciation of the details and complexity of fisheries around Kodiak, and with a commitment to facilitate the unity and enrichment of the Kodiak region, that this proposal is submitted by Denby Lloyd to serve as a Fisheries Consultant to the •KIB and the City. Scope The RFP specifies that the tole of the Fisheries Consultant will be to monitor, analyze and report; the RFP also specifics that the successful proposer should possess the ability to remain neutral on divisive issues. As such, it appears clear that the KIB and City are soliciting an analyst and advisor, rather than an advocate or representative. This is an important distinction, and it may prove pivotal to acceptance and support of this project by industry, advocacy groups and constituents. In response to the RFP, it is here proposed that the Fisheries Consultant monitor pertinent management actions and pending decisions of the National Marine Fisheries Service (e.g., Sustainable Fisheries Division), the Alaska Department of Fish and Game (e.g., Commercial Fisheries Division and Sport Fish Division) and the International Pacific Halibut Commission. These are the agencies normally responsible for ongoing management of fisheries around Kodiak. Also, the Fisheries Consultant would attend pertinent meetings of the North Pacific Fishery Management Council, the Alaska Board of Fisheries and, if directed, the IPHC and other fishery agencies and organizations. These are the forums normally responsible for setting of regulations for fisheries in the region. In addition, attention should be paid to deliberations of: • NMFS Resource Access Management Program and the State of Alaska Commercial Fisheries Entry Commission for actions potentially limiting participants' access to fisheries. • ADF &G's Habitat Division for potential permitting and planning decisions affecting fish resources. • NMFS Protected Resources Division for regulatory decisions pertaining to commercial fisheries and protection of marine mammals and other protected species. While the RFP does not refer to other specific venues of management or research, the KIB and City may wish to have the Fisheries Consultant monitor and report on pertinent actions and deliberations of: • U.S. Fish and Wildlife Service for decisions affecting access to and management of fishery resources on the Kodiak National Wildlife Refuge and the Alaska Maritime National Wildlife Refuge. • The Federal Subsistence Board, for decisions related to subsistence uses in federal waters. Further, there are other issues and organizations of importance to fisheries around Kodiak that may warrant monitoring and evaluation. For example: • Kodiak Regional Aquaculture Association is pursuing nutrient enrichment of three lakes on Kodiak Island to increase production of sockeye salmon. • National Oceanic and Atmospheric Administration is pursuing a national program of coastal and marine spatial planning that could restrict access to large areas for fishing or other activities. • A consortium of organizations under the name of AKCRRAB (Alaska King Crab Research, Rehabilitation and Biology) is actively researching and promoting enhancement and rehabilitation of king crab stocks. • The Alaska Legislature may consider enacting legislation that sets the stage for limiting access to the opportunity to guide sport fishermen in state waters. Implementation Plan In response to direction from KIB and the City, Consultant would monitor actions and pending decisions of fishery management agencies (e.g., NMFS, ADF &G, and IPHC) on an ongoing basis through perusal of the agencies' news releases and public announcements, plus through periodic contact with area and regional management and research staff. Consultant would attend meetings of the North Pacific Fishery Council. Regular meetings of the Council occur five times per year, with a. standard length of nine to ten days (including associated meetings of the NPFMC Advisory Panel and Scientific and Statistical Committee). Because of their frequency, duration and importance, attendance, monitoring and reporting on these meetings of the NPFMC would likely comprise the majority of Consultant's work. Consultant would also attend pertinent meetings of the Alaska Board of Fisheries. Board meetings occur on a three - year cycle, with each meeting lasting from two to sometimes 10 -14 days. Of particular interest may be meetings for state waters Pacific cod (scheduled for October 6 -10, 2011), statewide miscellaneous shellfish (March 20 -23, 2012), Kodiak finfish (Spring 2014), and statewide king and Tanner crab (Spring 2014). The BOF also conducts work sessions (generally every October; e.g., October 4 -5, 2011) and adds special agenda items to their late -cycle meeting (generally in. March) 'that may encompass issues of interest to Kodiak. If directed by the Borough and/or City Manager(s), Consultant would attend the annual meeting of the International Pacific Halibut Commission (generally late in January), which occurs over the course of 4 -5 days (including meetings of the Conference Board and Processor Advisory Group, plus informal gatherings of the national sections). The IPHC also schedules an interim meeting, which interested public may monitor via webcast. Consultant would provide written, quarterly reports to the Borough Assembly and City Council, and Consultant would provide oral reports at joint Borough Assembly /City Council work sessions. These reports would describe and discuss items of concern to the economy and region of Kodiak that the Consultant identifies through monitoring activities and attendance at meetings. Consultant's reports would also provide a summary of work performed. For issues of particular merit or interest to the KIB /City, Consultant would prepare qualitative analyses of the potential impacts of proposed regulatory changes. The Consultant would provide neutral, unbiased information to the Assembly /Council that would allow Borough /City officials to understand the issues and to make decisions or develop positions appropriate for the local governments. In addition to expectations laid out in the RFP, it is suggested that Consultant might report more frequently to the Borough and City Managers, the Borough and City Mayors, and perhaps one additional member from each the Borough Assembly and the City Council. The purpose here would be to keep up ongoing developments, maintain the interest and participation of government officials, and allow for adjustment of Consultant's focus and attention. Consultant could also participate in meetings of the Kodiak Fisheries Advisory Committee, the Fisheries and Oceanic Research Board, and the local Kodiak Fish and Game Advisory Committee. Further, it is proposed that Consultant seek the assistance of local experts (e.g., agency staff, fishing organization representatives, industry and NGO leaders) in developing reports and briefings for the Borough /City, and also that Consultant promote diiect communication between such experts and the local governments. It is also suggested that the KIB /City consider a schedule of five joint work sessions per year, coinciding closely with meetings of the NPFMC, so that summary, discussion, and development of future action plans can be undertaken in a timely, ongoing fashion. Finally, it is proposed that the KIB /City and the Consultant take all necessary steps to assure constituents, organizational leaders, and the community-at -large that the Consultant is not engaged for advocacy purposes and is to remain neutral and unbiased. Allocationdecisions, and fishery politics in general, are stressful, competitive and complicated. In order for the KIB /City and the Consultant to engender the trust, acceptance and assistance of local fishery participants, it is important to maintain the neutrality and integrity of thisinformation- gathering effort. This proposed implementation plan can be subject to adjustment and modification during contract negotiation, as part of the six-month review identified in the RFP, or at other times by mutual consideration and consent of KIB /City and the Consultant. Company Profile Alaska Resource Consultancy is a newly- formed limited liability compy and sole proprietorship. Denby Lloyd is the Principal and sole representative. The company is engaged in qualitative analysis and strategic assessment of resource management, research, and policy initiatives affecting fisheries in Alaska. The company has recently moved from Juneau, Alaska. to Kodiak, and will remain in Kodiak for the foreseeable future. Experience and Credentials Mr. Lloyd has been living, working, and going to school in Alaska since 1972. Attached to this proposal is a resume of pertinent education, work experience, volunteer participation, and technical publication. For over thirty years the proposer has been involved with fishery management and research at a variety of levels throughout Alaska, ranging from technician assignments on Kodiak and elsewhere, through seven years in leadership positions in the Kodiak office of ADF &G, to a four -year stint leading Alaska's fish and game agency. The proposer has a long familiarity with the North Pacific Fishery Management Council, having acted as Council staff, public testifier, and Council member. The proposer has a long familiarity with the Alaska Board of Fisheries, having acted as agency staff, public testifier, and ex- officio Board member. The proposer, also understands the needs and dynamics of local governments that are affected by fishery regulation, having served as a resource analyst for the Aleutians East Borough for over six years and as a previous contractor on fishery issues for the Kodiak Island Borough. Mr. Lloyd has detailed, working knowledge of local and regional fisheries around Kodiak including the species fished, the vessel and gear types used, and fishery user groups. Mr. Lloyd thoroughly understands and has been responsible for implementing the Alaska Constitution with regard to sustained yield of Alaska's fisheries. Moreover, the proposer has substantial knowledge and experience in the promulgation and implementation of state and federal fisheries laws and regulations, in written and oral communication to and on behalf of governing boards, and in state and federal fisheries resource management processes. Of particular importance to this solicitation for a Fisheries Consultant, the proposer understands and fully appreciates the'distinction.between advocacy and neutrality. For most of his career, Mr.. Lloyd has successfully and vigorously maintained a neutral stance on allocative aspects of fishery management issues while serving as ADF &G staff, NPFMC staff, and AEB staff. However, the proposer also has experience in and ,a thorough understanding of advocacy roles, having been responsible for promoting the state's interests on the federal NPFMC. As a sole proprietorship, Alaska Resource Consultancy does not require workers' compensation insurance. Mr. Lloyd does have business coverage for automotive liability, and can secure appropriate professional liability coverage if required. Proposed Fee Attendance at a full, regular suite of North Pacific Council meetings would entail approximately 45 -50 days per year. It is not always possible to assess from pre - meeting agendas precisely when any topic will be taken up, plus issues develop during the course of any particular meeting. To be most effective, Consultant should be prepared to routinely anend each meeting of the Council, for substantial portions of the proceedings. These meetings most often occur in Anchorage, but meetings also take place in Kodiak (e.g., June 2012), Sitka, Seattle, Portland, and other locations twice each year. Attendance at pertinent meetings of the Board of Fisheries may average only five days per year for the next couple years. That estimate would increase for the 2013 -2014 BOF cycle, which includes the Kodiak finfish and the statewide king and Tanner crab meetings. Most meetings of the Board occur in Anchorage but, following past practice, the Kodiak finfish meeting will likely be held in Kodiak. Annual meetings of the IPHC routinely occur over 4 -5 days, and for the.next two years will be held first in Anchorage then likely in Victoria, B.C. The number of hours dedicated during each of these meeting days on issues of direct concern to Kodiak would vary but, given the breadth of issues involving Kodiak waters, fishermen or processors, the fraction would be substantial. Consultant would also be interacting with Council/Board/Commission members and staff, other agency staff, and interested constituentsduring any particular meeting. Consultant would also be attending several Borough Assembly /City Council work sessions per year, monitoring ongoing activities of state and federal management agencierint€ =fECmg wittti local experts, and preparing qualitative analyses a nd q erly'reports° Considering these expectations, it is anticipated that Consultant would spend on average approximately 25 hoursper month on K113/City fisheries matters. These services are offered for a monthly r er ofS4,QQQ,QO. In addition to the retainer, the_K1B/gbt would cover all travel - related costs including airfare Iocaltrans ortation „Ipdging-,and -per diem for.meals. Inrha contract peso wou d for two years, w ith options for two subsequent one -year extensions References Mr. John Hilsingcr, Retired Director Division of Commercial Fisheries Alaska Deparnnent of Fish and Game Anchorage, Alaska 907 -563 -0166 Mr. Hank Pennington Retired MAP Agent-University of Alaska Outdoors Columnist - Kodiak Daily Mirror Kodiak, Alaska 907- 486 -2893 Dr. Douglas DeMaster, Director Alaska Fisheries Science Center National Marine Fisheries Service Juneau, Alaska 907- 789 -6617 Contact Information Denby S. Lloyd Alaska Resource Consultancy P.O. Box 1521 Kodiak, AK 99615 907 -321 -1490 denby.1loyd @gmai1,com Denby S. Lloyd Alaska Resource Consultancy P.O. Bas 1521 Kodiak AK 99615 -1571 EDUCATION AND CERTIFICATES B.S. 1977. University of Alaska - Fairbanks. Magna cum laude; major in Biological Sciences. Emphasis in fisheries; secondary focus in economics. M.S. 1985. University of Alaska- Fairbanks. Biological Oceanography from the Institute of Marine Science; additional work in management. Certified Fisheries Scientist - American Fisheries Society. Associate - American Institute of Fishery Research Biologists. PROFESSIONAL EXPERIENCE 2007 to 2010 Commissioner Alaska Department of Fish and Game 2005 to 2006 Director - Division of Commercial Fisheries Alaska Department of Fish and Game 2000 to 2005 Regional Supervisor - Div. of Commercial Fisheries Alaska Department of Fish and Game 1998 to 2000 Regional Finfish Research Supervisor Alaska Department of Fish and Game 1992 to 1998 Chief Resource Analyst Aleutians East Borough 1990 to 1992 Director - Division of Commercial Fisheries Alaska Department of Fish and Game 1989 to 1990 Special Assistant for Natural Resources Office of the Governor 1986 to 1989 Plan Coordinator /Management Analyst North Pacific Fishery Management Council 1983. to 1986 Project Review Coordinator - Habitat Division Alaska Department of Fish and Game 1982 to 1983 Habitat Biologist Alaska. Department of Fish and Game 1979 to 1981 Research Assistant - Institute of Marine Science University of Alaska - Fairbanks Within 1978 Fishery Biologist National Marine Fisheries Service 1973 to 1978 Fishery Technician/Biologist (seasonal) ADF&G /University of Alaska denbv.11ovd@gmail.com (907) 321 -1490 Denby S. Lloyd Alaska Resource Consultancy P.O. Box 152/ Kodiak AK 99615 -1521 COMMITTEE APPOINTMENTS /ASSIGNMENTS North Pacific Fishery Management Council Chair, Observer Advisory Committee, NPFMC UAF School of Fisheries and Ocean Sciences Advisory Council President, Western Association of Fish and Wildlife Agencies Executive Committee, Association of Fish and Wildlife Agencies Chair, Alaska Ocean Observing System Exxon Valdez Oil Spill Trustee Council • NMFS Steller Sea Lion. Recovery Team NPFMC Steller Sea Lion Mitigation Committee ADF &G Marine Protected Area (MPA) Task Force Alaska Steller Sea Lion Restoration Team ADF &G Technical Panel for the Sustainable Salmon Fisheries Policy Alaska Board of Fisheries Public Panel for the Sustainable Salmon Fisheries Policy NPFMC'IR /IU (improved retention /improved utilization of groundfish) Committee Alaska Scientific Review Group (ASRG) for marine mammals— advisory to NMFS and USFWS under provisions of the MMPA SWAMC (Southwest Alaska Municipal Conference) Fisheries Committee Scientific Advisory/Management Committees —North Pacific Universities Marine Mammal Research Consortium NPFMC Halibut Bycatch Cap Committee Chair, Governor's Resource Cabinet Coordinator, NPFMC Bering Sea /Aleutian Islands Groundfish Plan Team Coordinator, NPFMC Halibut Regulatory Amendment Advisory Group Resource Development Council (RDC) Fisheries Committee SCIENTIFIC CRUISE /COMMERCIAL FISHERY PARTICIPATION UA -F and UW oceanographic cruises (R/ V Acona, Alpha - Helix, T.G. Thompson) in the Bering Sea, Aleutian Islands, PWS, SE Alaska USCG icebreaker cruise (USCGC Polar Star) to Bering /Chukchi Seas Univ. Hokkaido (R /VOshoro Maru) high seas salmon /squid gilnetting, Kodiak to Seattle NOAA (R /V Miller Freeman) pelagic /demersal fishery survey, Gulf of Alaska NMFS /USFWS (R /VTiglax) sea lion /prey assessment, western GOA ADF&G (R/ V Resolution) shellfish /groundfish surveys, GOA /Aleutian Islands ADF &G /OCSEAP (R /V Yankee Clipper and others) nearshore fish surveys, lower Cook Inlet /Kodiak Island NMFS Delta submarine surveys, SE Alaska Bristol Bay salmon drift and set gillnet North Peninsula salmon drift and set gillnet Dutch Harbor herring purse seine South Peninsula salmon purse seine Eastern Bering Sea pollock trawl Western GOA pollock and cod trawl Chignik salmon purse seine Kodiak salmon set gillnet Prince William Sound herring purse seine Copper River salmon drift gillnet denhv.11oydOg.mait com (90?) 321 -1490 Denby S. Lloyd Alaska Resource Cansultvncy 1'.O. Rai 1521 Kodiak AK 99615 -1521 SELECTED PUBLICATIONS Nelson, P.A. and D.S. Lloyd. 2001. Escapement goals for Pacific salmon in the Kodiak, Chignik, and Alaska Peninsula /Aleutian Islands areas of Alaska. Alaska Department of Fish and Game, Division of Commercial Fisheries, Regional Information Report 4K01 -66, Kodiak. Kruse, G.H., M. Crow, E.E. Krygier, D.S. Lloyd, K.W. Pitcher, L.D. Rea, M. Ridgway, R.J. Small, J. Stinson, and K.M. Wynne. 2001. A review of proposed fishery management actions and the decline of Steller sea lions Eumetopias jubatus in Alaska: a report by the Alaska Steller Sea Lion Restoration Team. Alaska Department of Fish and Game, Division of Commercial Fisheries, Regional Information Report 5J01 -04, Juneau. Lloyd, D.S. 1996. Relative effects of mixed stock fisheries on specific stocks of concern: a simplified model and brief case study. Alaska Fishery Research Bulletin 3: 21 -31. Lloyd, D.S. 1996. Relative effects of mixed stock fisheries,on specific stocks of concern: application to fixed escapements and Norton Sound chum salmon. Alaska Fishery Research Bulletin 3: 32 -44. Martin, P.C. and D.S. Lloyd. 1996. Aspects of sockeye salmon smolt production in the Egegik River system of Bristol Bay, Alaska. Alaska Fishery Research Bulletin 3: 59- 63. Lloyd, D.S. and S.K. Davis. 1989. Biological information required for improved management of walleye pollock. off Alaska. In: Proceedings of the International Symposium.on the. Biology and Management of Walleye Pollock. Alaska Sea Grant Report No. 89 -1. Pp. 9 -31. Smith, T.P. and D.S. Lloyd. 1989. Effects of bycatch allocations to trawl fisheries for groundfish in the Bering Sea. Presented to annual meeting of the American Fisheries Society, Anchorage, AK. Lloyd, D.S., J.P. Koenings, and J.D. LaPerriere. 1987. Effects of turbidity in fresh waters of Alaska. North American Journal of Fisheries Management 7: 18 -33. Lloyd, D.S. 1987. Turbidity as a water quality standard for salmonid habitats in Alaska. North American Journal of Fisheries Management 7: 34 -45. Lloyd, D.S., R.B. Smith, and K.A. Sundberg. 1987. Introduction of European wild boar to Marmot Island, Alaska. The Murrelet 68: 57 -58. Springer, A.M., D.G. Roseneau, D.S. Lloyd, C.P. McRoy, and E.C. Murphy. 1986. Seabird responses to fluctuating prey availability in the eastern Bering Sea. Marine Ecology Progress Series 32: 1 -12. Lloyd, D.S. 1985. Relation of breeding performance in kittiwakes to oceanographic and meteorologic conditions in the southeastern Bering Sea. Presented to annual meeting of the Pacific Seabird Group /Colonial Waterbird Group, San Francisco, CA. McRoy, C.P. and D.S. Lloyd. 1981. Comparative function and stability of macrophyte- based ecosystems. In: Analysis of Marine Ecosystems (A.R. Longhurst, ed.). Academic Press, London. Pp. 473 -489. Lloyd, D.S., C.P. McRoy, and R.H. Day. 1981. Discovery of northern fur seals (Callorhinus ursinus) breeding on Bogoslof Island, southeastern Bering Sea. Arctic 34: 318 -320. denbv llovd m.�aiLeon (907) 321-1490 KODIAK ISLAND BOROUGH r .t °n a , ::: tr °` � " AGENDA STATEMENT TCErr REGULAR MEETING OF: DECEMBER 15, 2011 ITEM NO.: 13.A.2 TITLE: Contract No. FY2012 -16 Kodiak High School Addition /Renovation Mill Bay Parking Lot Project. ORIGINATOR: E/F Staff FISCAL IMPACT: ® Yes $887,500.00 or ❑ No Funds Available ® Yes ❑ No Account Number: 460 -533 452.150 10021.5B Amount Budgeted: $55,123,200 ATTACHMENTS: Bid Tabulation, Contract No. FY2012 -16 APPROVAL FOR AGENDA SUMMARY STATEMENT: Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This contract is for the Kodiak High School Addition /Renovation Mill Bay Parking Lot Project as shown on construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda are available for review. Bids were received in response to KIB's Invitation to Bid dated October 11, 2011. Red Hook Construction, LLC. was the low bidder for the project. Bid tabulation is attached. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2012 -16 with Red Hook Construction, LLC for the Kodiak High School Addition /Renovation Mill Bay Parking Lot Project in an amount not to exceed $887,500. Kodiak Island Borough Page 1 of 1 Bid Tabulation KHS Addition /Renovation Mill Bay Parking Lot Bid Opening: 11/18/2011- -3:00 pm BASE BID Total No. GENERAL (Base + Alt's) CONTRACTOR 1 Red Hook $ 887,500 $ 887,500 % Of Est 86% 2 Twin Peaks $ 1,048,200 $ 1,048,200 Diff (Low) $ 160,700 $ 160,700 % Diff (Low) 18.11% 18.11% % Of Est 101% I 3 Jay Brant $ 1,054,264 $ 1,054,264 Diff (Low) $ 166,764 $ 166,764 % Diff (Low) 118.79% 118.79% % Of Est 102% I 4 Brechan Ent. $ 1,103,900 $ 1,103,900 Diff (Low) $ 216,400 $ 216,400 % Diff (Low) 124.38% 124.38% % Of Est 106% I 5 Ridge Cont. $ 1,205,300 $ 1,205,300 Diff (Low) $ 317,800 $ 317,800 % Diff (Low) 135.81% 135.81% % Of Est 116% I 'Estimate I$ 1,037,855 I$ 1,037,855 I Alt I Document Alolm - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Second day of December in the year Two Thousand Eleven (In words, indicate day, month and year) BETWEEN the Owner: (Name, legal status, address and other information) Kodiak Island Borough, This document has Important Kodiak Island Borough legal consequences, Consultation 710 Mill Bay Road with an attorney Kodiak, Alaska, 99615 Is encouraged with respect to its completion or modification. AIA Document A201 General Conditions of the and the Contractor: Contract for Construction, Is (Name, legal stains, address and other information) adopted In this aacument by reference. Do not use with other Red. Hook Construction, LLC general conditions unless this PO Box 8516 document is modified. Kodiak, AK 99615 for the following Project: (Name, location and detailed description) Kodiak High School - Mill Bay Road Parking Lot Mill Bay Road Kodiak, Alaska Construction of new 80 -stall parking lot and associated work as indicated on the drawings dated October 4, 2011. The Architect: (Name, legal status, address and other information) Jensen Yorba Lott Inc„ 522 W. 10th St. Juneau, AK99801 Telephone Number: 907 586 1070 The Owner and Contractor agree as follows. Init AIA Document A101^' —2007. Copyright © 1915, 1918, 1925, 1.37 1951, 1958, 1961, 1963, 1967. 1974, 1977, 1987, 1991. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protocted by U.S. Copyright Law and International Treetlea. Unauthorized reproduction or distribution of this Alt? Document, or any portion of a; may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:0506 on 12/02/2011 under Order No. 1761493524 l which elylres on 041142012, and Is not for resale. User Notes: (9124043281 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date ofcommencement tf it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) if, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than men - or 23 foilort:Iune 1, 2012. (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work) Init /VA Document A101° — 2007. Copyright 1915, 1918. 1925, 1.937. 1951. 1958,1961, 1983, 1987, 1974, 1977,1287, 1991, 1997 and 2007 by The American resolute of Architects. All tights reserved, WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distdbution of this NO Document, or any portion of i1, may result In severe ciN m I and criminal penalties, and will be paocuted to the 2 maximum extant possible under the law. This document was produced byAJA software at 14:52:16 on 12/02/2011 under Order No.1761493524 1 which expires on 04/14/2012, and la not for resale. — User Notes: (881030980) Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) Liquidated damages $1000.00 per day. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be ($— ) Hundred Eighty SevenThousand, Five Hundred and Zero Cents ($ 887,500.00) subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) None § 4.3 Unit prices, if any: (identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price Per Unit (50.00) See attached Bid Form § 4.4 Allowances included in the Contract Sum, if any: (identify allowance and state exclusions, if any, from the allowance price.) Item Price ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments onaccount of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the month. If an Application. for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Init. MA Document A101 — 2007. Copyright © 1915, 1918, 1925, 1 1951, 1959, 1961, 1983, 1987, 1974, 1977, 1987. 1991, 1997 and 2007 by The American Institute of Architects: M lights reserved. WARNING: This AIA Document Is protected by U.5. Copyright law and International Treaties: Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the 3 maximum extant possible under the law. This document was produced by AIA software at 14:10:10 on 12/07/2011 under Order No.17614935241 which expires. on 04/142012, end is not for resale. User Notes: (1902333255) § 5,1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as.detetmined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A20IT" -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent( %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the fiill amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Sectien 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor. when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12,2.2 of AIA Document A201 -2007, and to satisfy requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. AIA Document A101 - 2007. Copyright ®1915. 1918, 1925, 1937, 1951, 1958 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by American init. Institute of Architects. All tights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this Ale Document, or any portion of IL may result In severe civil and criminal puns/Mel, and w)II be prosecuted to the maximum extent possible under the taw:This documentWas produced by ALA software et 14:05 ".06 an 12/02/2011 under Order No.1761493524 1 which expires on 04/14/2012, and is not for resale. User Notes: (912404328) (lf the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ 1 Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 ( ] Litigation in a court of competent jurisdiction [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shalt bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) § 8.3 The Owner's representative: (Name, address and other information) Rick Gifford § 8.4 The Contractor's representative: (Name, address and other information) Dayton Wandersee Red Hook Construction, LLC PO Box 8516 Kodiak. AK 99615 Init. AIA Document A101 e' - 2007. Copyright ®1915, 1918, 1925, 1 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The Amedcan Institute of Architects. All rights reserved. WARNING:.Thls AIA Document Is protected by U.S. Copyright Law and Intemalionai Treaties. Unauthorized reproduction or distribution of this Ale Document. or any portion of it, may result In severe civil and criminal penalties. and will be prosecuted to the $ maximum extent possible under the law. This document was produced by AIA software at 14:05:08 on 12/02/2011 under Order No.1761493524 1 which aspires m on 04/14/2012, and is net far ale. - User Notes: (912404328) • § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1,1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction, § 9.1.3 The Supplementary and other Conditions of the Contract: See Project Manual Document Title Date Pages § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) See Section 00011 of Project Manual for Table of Contents Section Title Date Pages § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement) See Section 00015 of Project Manual for List of Drawings Number Title Date § 9.1.6 The Addenda, if any: Number Date Pages 1 J0/19/2011 1 2 10/25/2011 2 3 10/28/2011 1 4 11/14/2011 I 5 11/15/2011 2 6 11/17/2011 1 Portions of Addenda relating to bidding requirements are not part of the Contact Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201TM -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: In IL AIA Document A191"' —2007. Copyright ®1915, 1918, 1925, 1 1951, 1958, 1961, 1963, 1987. 1974,.1971, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties: Unauthotized 6 repmductlon ur distribution of this MA Document, or any portion or it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:05:06 on 12/02/2011 under Order No,1761493524 1which expires on 04/14/2012, and Is not for resale. — User Notes: (912404328) .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. ALA Document A201 -2007 provides that bidding requirements such os advertisement or invitation to bid Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be pan of the Contract Documents) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, If any, and limits of liability for insurance required in Article II of AM Document A201- 2007) Type of Insurance or bond Limit of liability or bond amount ($0.00) This Agreement entered into as of the day and year first written above OWNER (Signature) CO 'T7 e i ` (Signature) Rick Gifford, KIB Manager Dayton Wandersee (Printed name and title) (Printed name and title) i n it AIA Document A101 — 2007. Copyright ®1915. 1918, 1925, 1 937, 1951, 1958, 1961, 1953, 1967, 1974, 1977, 1987, 1991. 1997 and 2007 by The American Institute of Architects. All rights resented. WARNING: This Ate Document Is protected by O.a. Copyright Law and fntemational Treaties Unauthorized 7 repraductten or distribution of this NO Document, or any portion of 11, may result In severe dull and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:05:09 on 12/02/2011 under Order No.1761493524 1 which expires on 04/14/2012, and is not for resale. User Notes: (912404328) SECTION 00410 BID FORM Kodiak Island Borough y // /I MILL BAY ROAD PARKING LOT TED BAY ` oIV3 ���cnD� L� agrees to perform the work required at the amount specified in the Bid Schedule in strict conformance with the - termsof this solicitation and the Contract Documents. This offer is valid for sixty (60) calendar days after the date offers arc due. If differences occur between the written and printed form, the written form will prevail, Bid Schedule: Pay Item Pay Item Description Pay Approximate Unit Price Amount No. Unit Quantity Dollars Cents Dollars Cents 1 Clearing and Grubbing LS All Required $O,0 — 2 Unclassified Excavation CY 7,000 ',Coo /O5 oOo 3 Rock Excavation CY 6,000 /.5 0o cJ oc , c , 4 Classified Material, Type B CY 5,000 /0,00 SO, O — 5 Leveling Course LS All Required 90,000 ,_..__ 6 Removal of Structures and LS All Required Obstructions 25 7 Curb and Gutter LS All Required JJ, 00o -- 8 Portland Cement Concrete LS All Required Sidewalk 3/4? 00 0 9 Waterline LS All Required /,000 — 10 Relocate Hydrant Assembly _ LS All Required 4,000 — 11 18 inch CPEP LS All Required g6;oo0 — 12 Storm Drain Manhole, Type I LS All Required /9, 000 — 13 Stomr Drain Catch Basin LS All Required 4,000 — 14 Mobilization LS All Required /S, Oct) -- 15 Traffic Maintenance LS All Required y, o0o — 16 Erosion and Pollution Control LS All Required 4 5 — 1 7 Constmction Surveying LS All Required Qey CO 18 Signs LS All Regmred - 19 Electrical LS All Required &I, 000 .- 20 Landscaping LS All Required /O.ocab -- 21 24 inch CPEP LS All Required /o,0 on ^- • Total Base Bid Amount: elerA jj �c2�t 27G�, a8i ! !/vG'G dollarrs$ sG 7 JCa° Pay items are defined in Section 01290. KODIAK HIGH SCHOOL SECTION 00410 MILL BAY ROAD PARKING LOT BID FORM KODIAK ISLAND BOROUGH } 3 . '°! "' AGENDA STATEMENT L t ��an REGULAR MEETING OF: DECEMBER 15, 2011 ITEM NO.: 13.8.1 TITLE: Resolution No. FY2012 -13 Urging the North Pacific Fishery Management Council to Provide for Videoconferencing and Other Means of Remote Communication for Its Meetings. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2012 -13 APPROVAL FOR AGENDA: SUMMARY STATEMENT: The Kodiak Fisheries Advisory Committee met on September 16, 2011, and agreed that the Kodiak Island Borough Assembly and Kodiak City Council should consider urging the North Pacific Fishery Management Council to provide video conferencing of its meetings. North Pacific Fishery Management Council meetings are often held in remote areas of the State of Alaska. Travel expenses to these areas can be cost prohibitive and may ultimately reduce access to vital information and decisions being made by the North Pacific Fishery Management Council. Attendance by video and remote conferencing will provide rural communities the choice and flexibility to be involved in the process without the huge demands of substantial travel time and costs RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -13. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Assembly 2 Requested by: Kodiak Fisheries Advisory Council 3 Drafted by: Borough Clerk Introduced on: 12/15/2011 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2012 -13 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY URGING 11 THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL 12 TO PROVIDE FOR VIDEOCONFERENCING AND OTHER MEANS OF 13 REMOTE COMMUNICATION FOR ITS MEETINGS 14 15 WHEREAS, Kodiak is a fishing community, and Kodiak's economic health and social 16 welfare depend on the sustained ability of its residents to harvest and process the marine 17 resources of the Gulf of Alaska and the Bering Sea; and 18 19 WHEREAS, it is in Kodiak's best interest for its Borough and City governments to be well 20 informed regarding the potential impacts of State and Federal fishery management actions on 21 the Kodiak community and to have an opportunity to effectively comment on such actions 22 before they are taken; and 23 24 WHEREAS, the Kodiak Island Borough Assembly and Kodiak City Council have 25 established a Joint Kodiak Fisheries Advisory Committee for the purpose of providing 26 recommendations regarding Kodiak's position on fisheries issues, and to provide a forum for 27 interested parties to discuss, and, to the degree possible, reach consensus on fisheries 28 issues affecting Kodiak's fishermen, processors, businesses, and residents; 29 30 WHEREAS, it is important for the Joint Kodiak Fisheries Advisory Committee to attend the 31 North Pacific Fishery Management Council meetings and stay abreast of information provided 32 at these meetings; and 33 34 WHEREAS, North Pacific Fishery Management Council meetings are often held in the 35 Pacific Northwest and remote areas of the State of Alaska; and 36 37 WHEREAS, travel expenses to these areas can be cost prohibitive and may ultimately 38 reduce access to vital information and decisions being made by the North Pacific Fishery 39 Management Council and 40 41 WHEREAS, the Kodiak Fisheries Advisory Committee met on September 16, 2011, and 42 agreed that the Kodiak Island Borough Assembly and Kodiak City Council should consider 43 urging the North Pacific Fishery Management Council to provide video conferencing of its 44 meetings; and 45 46 WHEREAS, there are many other Alaskan' coastal communities who would also benefit 47 from video conferencing, and 48 • 49 WHEREAS, video conferencing gives access to participants who are limited by their 50 physical location; and Kodiak Island Borough Resolution No. FY2012 -13 Page 1 of 2 51 52 WHEREAS, attending the meetings in person is expensive and cost prohibitive due to travel 53 costs, and attendance by video conference could substantially save money for interested 54 parties; and 55 56 WHEREAS, attendance by video and remote conferencing will provide rural communities 57 the choice and flexibility to be involved in the process without the huge demands of 58 substantial travel time and costs; 59 60 WHEREAS, with advances in technology, video and remote conferencing has become 61 increasingly popular and as the reliability and affordability of videoconferencing technologies 62 continues to improve, agencies have become more and more creative in incorporating this 63 technology. 64 65 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND 66 BOROUGH endorses and urges the use of video conferencing and other means of remote 67 communication where feasible and desirable for participation in the North Pacific Fishery 68 Management Council meetings. 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS DAY OF 2011 72 73 KODIAK ISLAND BOROUGH 74 75 76 77 ATTEST: Jerome M. Selby, Borough Mayor 78 79 80 81 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 - Page 2 of 2 °., KODIAK ISLAND BOROUGH A Wic,, •;{;,- AGENDA STATEMENT e. REGULAR MEETING OF: DECEMBER 15, 2011 ITEM NO.: 13.B.2 TITLE: Resolution No. FY2012 -14 Certifying the FY2012 Shared Fisheries Business Tax Program Application To Be True and Correct. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2012 -14 APPROVAL FOR AGENDA SUMMARY STATEMENT: AS 29.60.450 requires that for a municipality to participate in the FY2012 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 2010 from fisheries business activities. The Department of Community and Economic Development has prepared specific application forms for the purpose of presenting the municipality's claims as to the significant effects suffered by the municipality during calendar year 2010. 3AAC 134.100 requires the governing body of the municipality to include with the municipality's FY2012 program application an approved resolution certifying the information contained in the application to be true and correct. This resolution certifies the information contained in the Kodiak Island Borough FY2012 Shared Business Tax Program application to be true and correct. RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -14. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Finance Director Drafted by: Finance Director 3 Introduced on: 12/15/2011 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2012 -14 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 CERTIFYING THE FY2011 SHARED FISHERIES BUSINESS TAX PROGRAM 12 APPLICATION TO BE TRUE AND CORRECT 13 14 WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY2012 15 Shared Fisheries Business Tax Program, the municipality must demonstrate to the 16 Department of Community and Economic Development that the municipality suffered 17 significant effects during calendar year 2010 from fisheries business activities; and 18 19 WHEREAS, the Department of Community and Economic Development has prepared 20 specific application forms for the purpose of presenting the municipality's claims as to 21 the significant effects suffered by the municipality during calendar year 2010; and 22 23 WHEREAS, 3AAC 134.100 requires the governing body of the municipality to include 24 with the municipality's FY2012 program application an approved resolution certifying 25 the information contained in the application to be true and correct; 26 27 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH that this resolution certifies that the information contained in the Kodiak 29 Island Borough FY2012 Shared Fisheries Business Tax Program Application to be true 30 and correct to the best of our knowledge. 31 32 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 33 THIS DAY OF 2011 34 35 KODIAK ISLAND BOROUGH 36 37 38 39 40 Jerome M. Selby, Borough Mayor 41 ATTEST: 42 43 44 45 46 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 -14 Page 1 of 1 STANDARD METHOD APPLICATION for the FY12 SHARED FISHERIES BUSINESS TAX PROGRAM Name of Municipality: Kodiak Island Borough Address: 710 Mill Bay Road Kodiak, AK 99615 Contact Person: Karl Short Phone Number: 907 -486 -9320 Total # of Significant Effects Claimed: 5 Total $ of Significant Effects Claimed: $ 32,161,486 Return this cover page along with Declaration of Significant Effects forms and resolution to: Department of Community and Economic Development Division of Community Advocacy Shared Fisheries business Tax Program PO Box 110809 Juneau, AK 99811 -0809 FY 12 Shares! Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. The general fund includes administrative functions such as the Clerk's Office, Finance and Assessing, Borough Manager, School District support, plus transfers to other entities. This is the core unit of the Borough and its general administration. 2. Significant effect (municipal expenditure) made necessary during 2010 by the fisheries business activity listed in # 1 3,842,201 3. Municipal expenditure is: ■ actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2010 expenditures 100% fisheries related ($0 X 1.00) $ 0 .00 Total calendar year 2010 expenditures at 64% fisheries related ($3,842,201 X .64) $ 1,794,904 Total effect $ 1,794,904 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? II Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2008 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 12 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Special Revenue funds of the Kodiak Island Borough provide a wide variety of services to the • community including the fishing industry. Special Revenue funds account for activities such as building & grounds support, coastal management, education, road maintenance, fire protection, and street lighting. 2. Significant effect (municipal expenditure) made necessary during 2010 by the fisheries business activity listed in # 1 $ 15,368,181 3. Municipal expenditure is: ® actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2010 expenditures 100% fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2010 expenditures at 64% fisheries related ($15,368,181 X .64) $ 9,835,636 Total effect $ 9,835,636 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? • Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough wrote a query that accessed all of the calendar year 2008 transactions on our AS400 computer. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 12 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: Debt service funds provide two main services to the residents of the Kodiak Island Borough at this time. They make payments on the bond issues that were sold to expand the hospital and to expand and build new schools. 2. Significant effect (municipal expenditure) made necessary during 2010 by the fisheries business activity listed in # 1 $1,906,432 3. Municipal expenditure is: • actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2010 expenditures 100% fisheries related ($X 1.00) $ 0.00 Total calendar year 2010 expenditures at 64% fisheries related ($1,906,432 X .64) $ 1,220,116 Total effect $ 1,220,116 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? IN Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2009 transactions. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 12 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Capital projects includes repairs on school buildings, roads, boat ramps, and other capital expenditures 2. Significant effect (municipal expenditure) made necessary during 2010 by the fisheries business activity listed in # 1 $3,842,201 3. Municipal expenditure is: ® actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: (Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2010 expenditures 100% fisheries related ($0 X 1.00) $ 0.00 Total calendar year 2010 expenditures at 64% fisheries related ($3,842,201) $ 1,794,904 Total effect $ 1,794,904 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? IN Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2009 transactions. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. FY 12 Shared Fisheries Business Tax Program DECLARATION OF SIGNIFICANT EFFECTS FORM (One Separate Form for Each Significant Effect Claimed) 1. Description of the fisheries business activity which resulted in the significant effect: The Kodiak Island Borough provides a wide variety of services for the community including the fishing industry. Enterprise Funds include Solid Waste collection and disposal, the Kodiak Fisheries Research Facility, and 911 funding. 2. Significant effect (municipal expenditure) made necessary during 2010 by the fisheries business activity listed in # 1 $ 6,356,361 3. Municipal expenditure is: ® actual: ❑ determined necessary 4. Describe how the municipal expenditure figure listed under Part 2 was determined: Every municipal expenditure marked "determined necessary" must be supported by a resolution that documents and clearly demonstrates the procedures and methods by which the needs and estimates were determined). Total calendar year 2010 expenditures 100% fisheries related ($1,933,045 X 1.00) $ 1,933,045 Total calendar year 2010 expenditures at 64% fisheries related ($4,423,316 X .64) $ 2830,922 Total effect $ 4,763,967 5. Is the fisheries business activity part of a larger fiscal impact on the municipality? • Yes ❑ No If yes, describe how the fisheries business - related part of the overall fiscal impact was determined. Expenditures at 100% were determined based on activities completely fisheries related. Expenditures at 64% were determined based on activities that are partially fisheries related. The 64% is from the July 2001 McDowell Group study, "An Assessment of the Socioeconomic Impacts on Kodiak of Management Alternatives in the Alaska Ground fish Fisheries Draft Programmatic Supplemental Environmental Impact Statement ". This is the most current study available at this time. 6. Describe the documentation that supports the municipality's claim of this significant effect (this documentation must be readily available to the department upon request): The Kodiak Island Borough ran a report on all of the calendar year 2009 transactions. This was done on a cash basis. We did check several departments by hand to make sure this query was running correctly. Raw Fish Tax - Long Form Calendar Year 2010 Less Transfers 100 General Fund Total and State Aid Total Percentage Total 100 Legislative 144,579 144,579 64% 92,531 105 Borough Management 423,411 423,411 64% 270,983 110 Borough Clerk 479,753 479,753 64% 307,042 115 Borough Attorney 134,725 134,725 64% 86,224 120 Finance Department 778,378 778,378 64% 498,162 125 Information Technology 769,548 769,548 64% 492,511 130 Assessing Department 472,170 472,170 64% 302,189 135 Engineering /Facilities 190,658 190,658 64% 122,021 • 140 Community Development 589,756 589,756 64% 377,444 142 Building Official 148,355 148,355 64% 94,947 160 Economic Development 46,977 46,977 64% 30,065 165 General Administration 234,419 234,419 64% 150,028 175 Emergency Prepardness 7,088 7,088 64% 4,536 180 School District Support 8,532,338 (7,961,699) 570,639 64% 365,209 185 Health & Social Services 223,564 - 223,564 64% 143,081 186 Animal Control 126,188 - 126,188 64% 80,760 190 Educ, Culture, Recreation 175,729 - 175,729 64% 112,466 191 Kod College & Libraries 171,000 - 171,000 64% 109,440 195 Transfers Out 3,291,174 (3,291,174) 0 64% - Less State Revenue Sharing 0 (732,242) (732,242) 100% (732,242) Less State Fisheries Tax 0 (1,112,493) (1,112,493) 100% (1,112,493) 100 General Fund Total 16,939,809 (13,097,608) 3,842,201 64% 1,794,904 School District 41,694,694 (28,538,927) 13,155,767 64% 8,419,691 205 Child Care Assistance 104,627 (104,627) 0 64% - 210 Land Sales 215,086 215,086 64% 137,655 220 Building And Grounds 940,017 940,017 64% 601,611 230 Coastal Management 23,103 (23,103) 0 64% - 234 L.E.P.C. 24,234 (21,756) 2,478 64% 1,586 240 Womens Bay Road Sery 97,688 97,688 64% 62,520 242 Service District No 1 337,923 337,923 64% 216,271 244 Monashka Bay Rd Dist 14,314 14,314 64% 9,161 246 Bay View Road Service 11,303 11,303 64% 7,234 250 Fire Protect Area Nol 374,826 374,826 64% 239,889 . 252 Womens Bay Fire Dept. 90,106 90,106 64% 57,668 254 KIB Airport Fire Dist 13,982 13,982 64% 8,948 260 Woodland Acres Lights 5,225 5,225 64% 3,344 261 Trinity Island Light Dist 1,811 1,811 64% 1,159 262 Mission Lake Tide Gate 332 332 64% 212 263 Trinity Islands Paving Dt 11,440 11,440 64% 7,322 276 Facilities Fund 0 0 64% - 277 Tourism Development 87,785 87,785 64% 56,182 290 Fern Fuller Trust 8,098 8,098 64% 5,183 44,056,594 (28,688,413) 15,368,181 9,835,636 300 Debt Service 4,049,169 (2,142,737) 1,906,432 64% 1,220,116 164% - 410 Capital Proj- Borough 523 KMS &KHS Seismic Upgrade 14,391 14,391 64% 9,210 524 Peterson Schl Seismic Up 553 553 64% 354 549 HS Oil Tank Replacement 64,967 64,967 64% 41,579 684 (174)Bayside Storage Add 1,048,354 1,048,354 64% 670,947 701 PAVING PROJECT 0 64% - 706 Comp. Assisted Collection 0 64% - 707 New World.Logos,Net 37,365 37,365 64% 23,914 410 Capital Proj- Borough Total 1,165,630 - 1,165,630 64% 746,003 420 Cap Proj - School Bonds 500 2004BBond -KHSPooIVoc Ed 234,453 234,453 64% 150,050 514 OLD POOL ROOF /HVAC RENO 146,088 146,088 64% 93,496 515 2004ABond Var.Project 2,534,064 2,534,064 64% 1,621,801 519 Seismec Study 1,709 1,709 64% 1,094 420 Cap Proj - School Bonds Total 2,916,314 - 2,916,314 64% 1,866,441 430 Cap Proj - Grants - (2,336,051) (2,336,051) 240 06Predisater Mit grant 258 258 64% 165 465 General Capital Projects 137,377 137,377 64% 87,921 525 Ouzinkwe upgrade 970 970 64% 621 528 Fire Sprinkler Grant 1,231 1,231 64% 788 529 Non - Structural Seis Grant 48,839 48,839 64% 31,257 530 State Legislative Grants 1,423,575 1,423,575 64% 911,088 . 532 Near Island Resrch Admin 1,199,244 1,199,244 64% 767,516 534 Energy Efficiency Block Grant 7,445 7,445 64% 4,765 542 Kodiak Cadastral Project 0 64% - 687 (177)Anton Boat Ramp 0 64% - 430 Cap Proj - Grants Total 2,818,939 (2,336,051) 482,888 64% 309,048 450 All Cap. Proj as of FY10 550 Cap. Projects as of FY10 1,667,948 (1,667,948) 0 64% - 450 All Cap. Proj as of FY10 Total 1,667,948 (1,667,948) 0 64% - 460 KHS Reno / Addtion Bond 533 200910-15 New Bond 189,445 189,445 64% 121,245 460 KHS Reno / Addtion Bond Total 189,445 - 189,445 64% 121,245 • 490 Cap Proj - Landfill 646 (165) Landfill Closeout 23,460 23,460 64% 15,014 703 LandfillLateralExpansion 205,461 205,461 64% 131,495 490 Cap Proj - Landfill Total 228,921 - 228,921 64% 146,509 495 Capital Proj - Hospital 521 Hospital Access 1,765 - 1,765 64% 1,130 522 CHC architural enginering 40,282 - 40,282 64% 25,780 495 Capital Proj - Hospital Total 42,047 - 42,047 64% 26,910 530 Solid Waste Disposal 3,322,646 3,322,646 64% 2,126,493 540 Hosp Enterprise Fund 1,058,512 1,058,512 64% 677,448 555 KFRC 1,933,045 1,933,045 100% 1,933,045 560 911 Service 42,158 42,158 64% 26,981 Grand Total • 80,431,177 •(47,932,757) • 32,498,420:7 - - 32,161,489 General Fund 16,939,809 (13,097,608) 3,842,201 64% 1,794,904 Special Revenue Funds 44,056,594 (28,688,413) 15,368,181 64% 9,835,636 Debt Service Funds 4,049,169 (2,142,737) 1,906,432 64% 1,220,116 Capital Project Funds 9,029,244 (4,003,999) 5,025,245 64% 7,927,386 Enterprise Funds 6,356,361 - 6,356,361 varies 4,763,967 80,431,177 (47,932,757) 32,498,420 25,542,010 Enterprise Funds 100% 1,933,045 1,933,045 100% 1,933,045 Enterprise Funds 64% 4,423,316 4,423,316 64% 2,830,922 6,356,361 - 6,356,361 164% 4,763,967 • KODIAK ISLAND BOROUGH 1 1 ,'''` AGENDA STATEMENT • 5 M. a S REGULAR MEETING OF: DECEMBER 15, 2011 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2012 -14 Rezoning a Parcel of Land at the Intersection of Rezanof Drive and Otmeloi Way from RR1- Rural Residential One Zoning District to B - Business Zoning District (P &Z Case 12 -014). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2012 -14 and P &ZC 12 -014 Backup. c APPROVAL FOR AGENDA: c SUMMARY STATEMENT: A petition for the rezone of a single lot came as a request before the Planning and Zoning Commission. Public hearing notices were sent to neighbors as well as utility companies and agencies. The request was affirmed with the Commission recommending that the Borough Assembly approve the rezone request. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -14 in first reading to advance to public hearing at the next meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: P &Z Commission Drafted by: CDD Director Introduced: 12/15/2011 1 Public Hearing: 2 Adopted: 3 4 KODIAK ISLAND BOROUGH 5 ORDINANCE NO. FY2012 -14 6 7 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 8 REZONING A PARCEL OF LAND AT THE INTERSECTION OF REZANOF DRIVE AND 9 OTMELOI WAY FROM RR1- RURAL RESIDENTIAL ONE ZONING DISTRICT TO B- 10 BUSINESS ZONING DISTRICT (P8Z CASE 12 -014) 11 12 WHEREAS, the Planning and Zoning Commission received a request to rezone a single 13 lot located at the intersection of Rezanof Drive and Otmeloi Way; and 14 15 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 16 parcel be rezoned, finding that the public necessity, convenience and general welfare, and 17 good zoning practice would be forwarded by such action; and 18 19 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 20 and approved by the Borough Assembly. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 23 BOROUGH THAT: 24 25 Section 1: This ordinance is not of a general and permanent nature and shall not 26 become a part of the Kodiak Island Borough Code of Ordinances. 27 28 Section 2: Lot 4, Block 5, Miller Point Alaska Subdivision be rezoned from RR1- Rural 29 Residential One to B- Business. 30 31 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 32 are hereby confirmed as follows: 33 34 17.205.020A. Findings as the Need and Justification for a Change or 35 Amendment. 36 A.1. As stated in the KIB Comprehensive Plan: To regulate and manage 37 land uses to balance the rights of private property owners with 38 community values and objectives. The need for a change is to 39 maximize compatibility of adjacent land uses. The Lot in this case is 40 across the street from long term sites used for commercial use; 41 Bayside Fire Department across Rezanof Dr and Kodiak Electric 42 Company storage lot across Otmeloi Dr. 43 A.2. Current use fits the rezone request. 44 A.3. Adjacent properties are Business / Industrial. 45 46 17.205.020B. Findings as to the Effect a Change or Amendment would 47 have on the Objectives of the Comprehensive Plan. 48 B.1. The Comprehensive Plan proposed future land use map identifies this 49 Lot as Rural Residential. The change in zoning from Rural Residential 50 to Commercial would be consistent with land use across Otmeloi Dr Kodiak Island Borough Ordinance No. FY2012 -14 Page 1 of 2 51 and Rezanof Dr. The change enhances the operation of an existing 52 local business while not disrupting adjacent neighborhoods. Public 53 Hearing Notices (30) were mailed on September 14th, 2011 and 2 54 responses were received by the Borough in support of the change. 55 56 17.205.020 C. Recommendations as to the approval or disapproval of 57 the change or amendment. 58 C.1. The Kodiak Island Borough Planning and Zoning Commission 59 recommends approval of this rezone request. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2011 63 64 65 KODIAK ISLAND BOROUGH 66 67 68 69 Jerome M. Selby, Borough Mayor 70 71 ATTEST: 72 73 74 75 Nova M. Javier, MMC, Borough Clerk 76 77 Kodiak Island Borough Ordinance No. FY2012 -14 Page 2 of 2 Kodiak _hi dd orough 4;/ Community Development Department ∎ rfre 710 Mill Bay Road gr. Kodiak, Alaska 99615 • a s J Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us November 18, 2011 Mr. Dayton Wandersee PO Box 8516 Kodiak, AK 99615 Re: Case 12 -014. Request a rezone, according to KIBC 17.205.030.C, to consider a change of zoning for Lot 4, Block 5, Miller Point Alaska Subdivision, from RR1 -Rural Residential One to B- Business. Dear Mr. Wandersee: The Kodiak Island Borough Planning & Zoning Commission at their meeting on October 19, 2011 moved to forward the request cited above, recommending approval, to the Borough Assembly. At their November 16, 2011 regular meeting the commission adopted Findings of Fact in support of their decision. Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: 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 assemlby shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, 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. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. A.1.V As stated in the KIB Comprehensive Plan: To regulate and manage land uses to balance the rights of private property owners with community values and objectives. The need for a change is to maximize compatibility of adjacent land uses. The Lot in this case is across the street from long term sites used for commercial use; Bayside Fire Department across Rezanof Dr and Kodiak Electric Company storage lot across Otmeloi Dr. A.2.K Current use fits the rezone request A.3.K Adjacent properties are Business / Industrial 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. B.1.V The Comprehensive Plan proposed future land use map identifies this Lot as Rural Residential. The change in zoning from Rural Residential to Commercial would be consistent with land use across Otmeloi Dr and Rezanof Dr. The change enhances the operation of an existing local business while not disrupting adjacent neighborhoods. Public Hearing Notices (30) were mailed on September 14th, 2011 and 2 responses were received by the Borough in support of the change. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. C.1.V The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486 -9363. Sincerely, Kne61.cx 5n j Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning Commission ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY I) Case 12 -015. Request a review of Parks & Recreation Committee recommendations and other communications, according to KIBC 2.120.030.D, for the Draft Kodiak Road System Trails Master Plan prior to review and adoption of the plan by the Kodiak Island Borough Assembly. The Planning & Zoning Commission will render its own recommendation within 30 days or the plan will be deemed to be approved and forwarded to the assembly on that basis; and A review, according to KIBC 2.105.030.A & J, of the Draft Kodiak Road System Trails Master Plan, as a proposed new element of the Kodiak Island Borough Comprehensive Plan once adopted by the assembly. The applicant is the Parks & Recreation Committee. The location and zoning varies. Cassidy reported this plan has been a vision for about 10 years with the bulk of the work being done in the past 2 years. A lot of effort has gone into it. You postponed it last month to offer the public another opportunity to testify. Since then several folks have come in to show where corrections needed to be made. Those corrections have been made and after this meeting there will be a fresh plan with the corrections made to give to the Assembly. Adopting this plan will allow us to receive trail grants. This will give the community to prioritize and improve the trails. The plan also identifies "Safe Routes to Schools" which is critical routes where kids can walk safely. It also creates a trails network to link neighborhoods to schools. Cassidy said once the plan is adopted we will have a map that the public can use to identify where the trails are. COMMISSIONER SCHMITT MOVED to recommend to the Borough Assembly to review and approve the Kodiak Road System Trails Master Plan, September 2011 by the Kodiak Island Borough Parks and Recreation Committee and Alta Planning and Design and that it be adopted as a component to the Kodiak Island Borough Comprehensive Plan Update and to adopt the findings in the staff memo dated October 4, 2011, as "Findings of Fact" for Case 12 - 015. The public hearing was opened & closed: Public testimony was given by: Patrick Saltonstall, Parks & Recreation Committee member, spoke in support of the Trails Plan and stated that it will also maintain access to what we have on the road system. Discussion FINDINGS OF FACT 1. The Kodiak Island Borough Parks and Recreation Committee has forward to the Planning and Zoning Commission a recommendation to approve the Kodiak Road System Trails Master Plan. 2. The Commission recognizes the substantial public input and quality of this work product by the parks and recreation committee and consultant in the development of this plan. 3. The Commission finds that the Kodiak Road System Trails Master Plan is a significant document to guide trail use and development into the future for all trails user groups. ROLL CALL VOTE ON MOTION UNANIMOUSLY 7. OLD BUSINESS A) Case 12 -014. Adopt findings of fact in support of the commission's approval at their October 19, 2011 regular meeting, of a rezone, according to KIBC 17.205.030.0, to consider a change of zoning for Lot 4, Block 5, Miller Point Alaska Subdivision, from 11/16/2011 Page 9 of 12 P &Z Minutes RR1 -Rural Residential One to B- Business. The applicant is Dayton Wandersee. The location is 4210 Otmeloi Way and the zoning is RR1 -Rural Residential One. Cassidy reported with the adoption of Findings of Fact you will complete your action on this case. Findings are your reasons why you voted like you did. Approval of these findings will be forwarded to the Assembly with an ordinance to rezone that property. The Assembly will hold a public hearing. COMMISSIONER VAHL MOVED to adopt the Findings in the staff memorandum dated November 4, 2011 as Findings for Case No. 12 -014. During discussion COMMISSIONER JANZ stated she wasn't here last month but if she was she would have voted against the request and she will be voting no on it tonight. FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment, A.1.V As stated in the MB Comprehensive Plan: To regulate and manage land uses to balance the rights of private property owners with community values and objectives. The need for a change is to maximize compatibility of adjacent land uses. The Lot in this case is across the street from long term sites used for commercial use; Bayside Fire Department across Rezanof Dr. and Kodiak Electric Company storage lot across Otmeloi Dr. A.2.1( Current use fits the rezone request A.3.K Adjacent properties are Business / Industrial 17.2050218 . 1 ( . 1 . a to heEff• i:i • t • •_{•u• w,_ a i, • 11 i• Objectives of the Comprehensive Plan. B.1.V The Comprehensive Plan proposed future land use map identifies this Lot as Rural Residential. The change in zoning from Rural Residential to Commercial would be consistent with land use across Otmeloi Dr. and Rezanof Dr. The change enhances the operation of an existing local business while not disrupting adjacent neighborhoods. Public Hearing Notices (30) were mailed on September 14th, 2011 and 2 responses were received by the Borough in support of the change. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. C.1.V The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED 4 -1 The ayes were Alan Torres, Bill Kersch, Jay Baldwin, and Rick Vahl. The noes were CaseyJanz and Alan Schmitt NEW BUSINESS There was none. COMMUNICATIONS A) Waiver approval letter dated October 10, 2011 B) Violation Abatement Letter dated September 19, 2011 C) Courtesy & Advisory Letter re: a Previous Variance Granted dated October 17, 2011 D) Notice of Compliance re: an Unauthorized Encroachment into State Right -of -Way dated October 17, 2011 E) Thank You Card to the Commission from Dayton Wandersee Cassidy gave a brief report on the communications. 11/16/2011 Page 10 of 12 P &Z Minutes Old Business Item 8 -A P &Z November 16, 2011 Kodiak Island Borough Zoning Map Community Development Department l Rj - Zoning Bequest Adoption of F:indiggs supporting (1`la2Commission's P& ? Case #12-014 approval cake) rezone ogJQS 4J Block ,�a?Point Subdivision Dayton Wandersee f RR-Rural Residential oIMOB- Business. m5$ �-® 0 r 215 r 1 43 0 i i r 8601 ® Alik 0,4 'a..t I 7 ift, ry 11 -A ?e 1 ii ,..„ 1 .,2, 4 1110 , 4 a. .. im, . • M1 r ME 9P ^ P S , , %no ®1 6 Fry� * .,. N s a . Legend Subject Parcel 41s Q � rJ N , \N - Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential ® Light Industrial �� Watershed I I Rural Residential 2 I Business I I Rural Neighborhood Commercial Conservation Single Family Residential I Retail Business Urban Neighborhood Commercial I Rural Residential I Two Family Residential 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 he obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -014 Introduction Page 1 of 2 Old Business Item 8 -A P &Z November 16, 2011 \CO 'Qt* O \ C—S1/4' 0 O O 0 o� O k l\‘' Case No. 12 -014 Introduction Page 2 of 2 Old Business Item 8 -A P &Z November 16, 2011 Staff Memorandum DATE: November 4, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the November 16, 2011 Regular Meeting CASE: 12 -014 APPLICANT: Dayton Wandersee REQUEST: Approval of Findings, according to KIBC Chapter 17.205.020, supporting the rezone of Lot 4, Block 5, Miller Point Subdivision from RR1 -Rural Residential One to B- Business. LOCATION: Miller Point Subdivision Block 5 Lot 4, 4210 Rezanof Dr. East ZONING: RR -1 Rural Residential Zoning District APPLICABLE REGULATIONS: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 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. COMMENTS The Commission, by a vote of 4 to 1, approved the request to rezone the subject property from Rural Residential Zoning District 1 to B- Business at the October 19, 2011, Regular Meeting. The Commission, by unanimous vote, oostponed the required findings until the November 16, 2011, Regular Meeting. RECOMMENDATION Staff recommends that the Commission adopt findings supporting their rezone recommendation to the Kodiak Island Borough Assembly. Case No. 12 -014 Staff Memo Page 1 of 2 Old Business Item 8 -A P &Z November 16, 2011 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 Lot 4, Block 5, Miller Point Subdivision from RR1 -Rural Residential One to B- Business, and to adopt the Findings in the staff memorandum dated November 4, 2011 as Findings for Case No. 12 -014. FINDINGS 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. A.1.V As stated in the KIB Comprehensive Plan: To regulate and manage land uses to balance the rights of private property owners with community values and objectives. The need for a change is to maximize compatibility of adjacent land uses. The Lot in this case is across the street from long term sites used for commercial use; Bayside Fire Department across Rezanof Dr and Kodiak Electric Company storage lot across Otmeloi Dr. A.2.K Current use fits the rezone request A.3.K Adjacent properties are Business / Industrial 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. B.1.V The Comprehensive Plan proposed future land use map identifies this Lot as Rural Residential. The change in zoning from Rural Residential to Commercial would be consistent with land use across Otmeloi Dr and Rezanof Dr. The change enhances the operation of an existing local business while not disrupting adjacent neighborhoods. Public Hearing Notices (30) were mailed on September 14th, 2011 and 2 responses were received by the Borough in support of the change. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. C.1.V The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. Case No. 12 -014 Staff Memo Page 2 of 2 I Public Hearing Item 7 -A P &Z October 19, 2011 @oomom Location Request: A rezone, according fio KIBC 17.205.030.C, P e3 2 Case ii12 -016 07 consider p change cif zoning g00'1102 4 Block 4 Mi7 Point Alaska Subdivision, from Dayton Wandersee RR1 -Rural Residential Coga B- Business r---7-7.1s y ei nw . NI - •• <et if imam t P4: 1� 4:(a. � 010 ' PAIS. 1S 4 .': . fit" ati2- 44 lif 4.* gr II Legend Se Subject Parcel aills .0 a _ _ . . , s i . Q II It Kodiak Island Borough GIS System ems ,^ -^^'"' 0 215 430 860 1,290 1,720 Feet This nap was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing Ole 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 -014 Introduction Page 1 of 6 Public Hearing Item 7 -A P &Z October 19, 2011 O O O O O O O k iC% Case No. 12 -014 Introduction Page 2 of 6 Public Hearing Item 7 -A P &Z October 19, 2011 : r . Kodiak Island Borough Zoning Map il,, Community Development Department &DMA Zoning Request: G'Q rezone, ac OD KIBC 97.205.030.C, p 3 E Case 2 -o16 op consider p change CQzoning f W G Block 4 I Point Alaska Subdivision, ODE Dayton Wandersee 9 -Rural Residential Co B- Business 4a5, 215 Fee 868 /j r n I t r r F eet ® fa 2 11-A 4 0 1P e11. IV file 4 _ fry 1 ® [ 0g S ® C f S ® - h r. GL \� n® A 6V Legend Subject Parcel :11 O ry y , A Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential all Light Industrial A Watershed I I Rural Residential 2 I I Business I Rural Neighborhood Commercial I Conservation Single Family Residential I Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential 1 Industrial Natural Use This map was prepared from the Kodiak Island Boroughs GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486 -9333. Case No. 12 -014 Introduction Page 3 of 6 Public Hearing Item 7 -A P &Z October 19, 2011 \cO Q * 0 \ CS‘9 0 0 � O 0 C\. Case No. 12 -014 Introduction Page 4 of 6 Public Hearing Item 7 -A P &Z October 19, 2011 & a &Ma Location Request: Q rezone, according Qj KIBC 977. 205.030.0, PA Case 02 -014 fl! consider p change 07 zoning a:011014 Block Q, Miller Point Alaska Subdivision, from Dayton Wandersee mil Rural Residential @ aD B- Business �. o r t yyir ..vike1 y yS IQ'' ;, 4 i 0.1 al, v i.. 'Ft 1 e t p r J 2 ,...iii- �"Pi�e.d'a:' . !`� r \ ° a. s � ` •. ',Cars . J ate, f. AN' t "-7,14,1:" t��, .n }� .J „ s �a ��:. „i r 4;; y J J . -11 fr c, \ \ 1 ,-, t a x . u et A � ` ,+ 3 „ 4 ' "te tic/ i s J � S j/� . ; r w '.: '`M r `* y •t a ` • rag. I "i 1 :c / AMP ''''' I A 'Z r alit u ` ' � 11 $5: Y'" -t/1 x{. -x�� t eF' �1� . ." � \� � r •t i �" f s k lyr�By _ e ~a y .may Ike 3 � . r q 5 , �t 7 { V ` ip f �+ :fef 4 a "' fi 1. 3 . ' a ,'i r ef 1 �' , ti�, �-�. e .e ' yL r 4,1 - k AA y 4 � ' , at 0 \t Y 2 t'4 f. r' j i i Y� 7 +j w 'P p� ,� �: 61 , L 3^ '35 a r1 n.. f' r. Yl? ) 9 <` w b Y s , ? ],i,.�p sy ,j.i ' M s ' s' 1 b1,y7 i n f i j r f'tY - r i�� � : . w 'F ` q- ,i 1 iP � . l Y " V'% l ' p ♦ f t , iA l' J ' S ' � 0, .. M h p. .: i y {za'Y „ , y eti p t l - '��/ � C ir 47 },; .0 t e r , , d' 1 jl � r J , ! . g, ,/�. t .l i t (' • I } ` e n ^Rnd , .. F R.`J 66 � e 4 i •40$5.",..? `t , k , it 1 A _ I . r 'a, [no ,.1 y 44 l y l %b al { I ` "t:9 v`� a �iJi s"' «� + i .t wy ti \, u l: ^d s~ 1.441 � t� I e ,c„, {` Legend A cN 4,. •� .4 S Y i. {E \ `' i Vii' 3 ,�� ; S , f X li II Subject Parcel \ � �". c • x`ir .'r � b y s e , ,c 4s � •1 ., 4 r. . r p�! t ` 6 } : + ?. I+t1- .`\� /'� 1•,4. �, e A a :K]>f a4 Kodiak Island Borough GIS System ra '. .art . . • 0 225 450 900 1,350 1800 Feet This rrep was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a poperty 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 Dapadment at (90]) 08fi -9333. Case No. 12 -014 Introduction Page 5 of 6 Public Hearing Item 7 -A P &Z October 19, 2011 \D O 0 O O ° k .\\ Case No. 12 -014 Introduction Page 6 of 6 Public Hearing Item 7 -A P &Z October 19, 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.kodiak.ak.us Applicant Information Property Information �o, } - rm W( QdCS R 15a�,c% Property ID Number /s Property owner's name P.O. 6 0X 251ig MWZ,r PI a1: 5 LT 4 Legal Description Property owner's mailing address Kcd' A1S C, gk lc Current Zoning: R21- Ri..,tnfi ReskAn., {ir,U City State Zip Applicable Comprehensive Plan: 90i - LIN- 1442 90f-48ce-26149 Year of PIan adoption: Home phone Work Phone E -mail Addr. Present Use of Property: re S',cie,, Agent's name (If applicable) Agent's mailing address Proposed Use of Property: 7c be.-a,bly +o Prn'4n,+.r .mall f.,,M d AMA /41.4 n 4 ,' City State Zip I 1 -e�.rLx ;Sti tmo 0A-4. r -, Skn.ry -zm, ;H./m - I3 , WC A , I Is _ w - . : - 6 .., 4.114_ 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 paan for variance and conditional use requests and which may Include optional,supporting documentation as indicated below. i / L i Qtvn Adrrative? list As -built Survey Photographs _ Maps _ Other Proper's Signature Date Authorized Agent's Signature Date I 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 • PAYM�Eµ / �T RIFICATION Code Section(s) Involved: l f/� Variance (KIBC 17.66.020) $250.00 l n „ni. Conditional Use Permit (KIBC 17.67.020.B) " , 1 +II ti. • " Other (appearance requests, site plan review, etc.) $150.00 ( Gc � L1 LU /� ,/ Zoning change from.RR / to 4 (KIBC 17.72.030 and 030.C)' I , Kodiak island 6000 / App' lion received by , Finance Department 11 -10. iv, o, non, • I.Mnquu Staff signature 1 2-0114 Case No. 12 -014 Application Page 1 of 1 Public Hearing Item 7 -A P &Z October 19, 2011 * * Kodiak Isl nd ®rough * * -;% Community Development Department Oh (4! ‘ gin 710 Mill Bay Road Room 205 -y ? 'h nit Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us September 14, 2011 Mr. Dayton Wandersee PO Box 8516 Kodiak, AK 99615 Re: Case 12 -014. Request a rezone, according to KIBC 17.205.030.C, to consider a change of zoning for Lot 4, Block 5, Miller Point Alaska Subdivision, from RRl -Rural Residential One to B- Business. Dear Mr. Wandersee: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their October 19, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, October 12, 2011 at 6:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and /or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, heQ k �mt� Sheila Smith, Secretary Community Development Department Case No. 12 -014 Public Comment Page 1 of 6 Public Hearing Item 7 -A P &Z October 19, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 September 14, 2011 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 19, 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 - 014 APPLICANT: Dayton Wandersee REQUEST: A rezone, according to KIBC 17.205.030.C, to consider a change of zoning for Lot 4, Block 5, Miller Point Alaska Subdivision, from RR1 -Rural Residential One to B- Business. LOCATION: 4210 Otmeloi Way ZONING: RRl -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 on Tuesday, October 4, 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 @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. One week prior to the regular meeting, on Wednesday, October 12, 2011, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 12 -014 Public Comment Page 2 of 6 Public Hearing Item 7 -A P &Z October 19, 2011 Current Location Request a rezone, according to KIBC 4210 Otmeloi Way 17.205.030.C, to consider a change P & Z Case 12 -014 of zoning for Lot 4, Block 5, Miller Point Alaska Subdivision, from RR1 -Rural Dayton Wandersee Residential One to B- Business. - br a OT C. A1 6 p a Of df N ^ `s ^ Ap9 ® `� pQ: d'09. s WA 0 1 Q ^ ;liscan.).- m "IIIIIR PP tv ,� a� o r- P� e P' o t t A n ^ � o! o -ti ° n m p ^( 0 Q Q • CD ilp0 o-li 4 ui 8D W glir �� y o- ,1; aP ? 4, / it 0 m O �� o Eill O ( bG^ V. o, O Q `O o 1 t 'sS t_. h N A -4 m < ° El 11 U ela / WAY 40 ' go 402 ^ ' 2 V v tir 58 -1 0 $s 0 / ry B. oa n Kodiak Island Borough GIS Legend N .. ? ' 1 I Subject Parcel .. O. Feet N o s 350 00 ® Notification Area S t This map was prepared from the Kodiak Istand Borough's GIS System. It is provided for the purpose of showing the general location of a property witnn 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 -014 Public Comment Page 3 of 6 Public Hearing Item 7 -A P &Z October 19, 2011 STEVEN AKER ETAL ALASKA SEAFOOD PRODUCERS INC. BAYSIDE WEST BUSINESS PARK 4065 CLIFFSIDE RD PO BOX 1027 11825 SE EASTBOURNE LN KODIAK, AK 99615 NEWPORT, OR 97365 PORTLAND, OR 97086 JOSEPH P BOWER RONNIE BRYANT SHIRLEY BURNS PO BOX 8657 PO BOX 3623 PO BOX 165 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ANDREW CRAWLEY SAUL DE LA CRUZ TOMIO DEMURA 120 W REZANOF DR 4410 E. REZANOF DR 1519 YANOVSKY ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LESLIE FIELDS DUNCAN FIELDS ETAL LUKE PULP PO BOX 25 DANA CAMPBELL PO BOX 2306 KODIAK, AK 99615 PO BOX 25 KODIAK, AK 99615 KODIAK, AK 99615 DAVID IANI KODIAK ELECTRIC ASSOC KODIAK ISLAND BOROUGH PO BOX 549 PO BOX 787 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615-0787 KODIAK, AK 99615 MICHAEL MARTIN PETER MELIAH ETAL ZACHARY MILLER PO BOX 889 984 HILLTOP DR. PO 130X 1802 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MK ENTERPRISES, LLC DEBRA NI ELSEN EMIL NORTON PO BOX 2338 P 0 BOX 8381 P_O. BOX 1002 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL OLIVER DOUG PEDERSEN TERRY W POLLARD PO BOX 3545 PO BOX 3084 PO BOX 8523 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TIMOTHY POWELL II PETER THOMPSON JEFFREY VELTRI PO BOX 8752 PO BOX 3037 4051 PARKSIDE DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEREMIAH WAGNER DAYTON WANDERSEE MATTHEW ZYTKOWICZ PO BOX 1755 PO BOX 8516 PO BOX 9029 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615-9029 Case No. 12 -014 Public Comment Page 4 of 6 Public Hearing Item 7 -A P &Z October 19, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 September 14, 2011 Public Hearing hem 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 19, 2011. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mi1) Bay Road, Kodiak, Alaska, before the Kodiak island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 12 -014 APPLICANT: Dayton Wandersee REQUEST: A rezone, according to KIBC 17.205.030.C, to consider a change of zoning for Lot 4, Block 5, Miller Point Alaska Subdivision, from RRI -Rural Residential One m B- Business. LOCATION: 4210 Otmeloi Way 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 on Tuesday, October 4, 2011 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, of you may email your comments to ssmith@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. One week prior to the regular meeting, on Wednesday, October 12, 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 C'ommission's decision on this request. If you have any questions about the request or your appeal tights, please feel free to call us at 486-9363. ) y r' / //`` �l //�� // \our Name: t -PSlI( Z ;00.,-.9.0 Fn ti /df /� Mailing Address: 4 110 ? C/, f J�/ 'tour property description: l // .r5 /' 4 (j 3 I (-> 4 - i 1 / �sr r• Comments: r /� • ° .- . t �� • .. _ . u 11ngiffiVFre a t ti, 1 1 17 r• 1 Case No. 12 -014 Public Comment Page 5 of 6 Public Hearing Item 7 -A P &Z October 19, 2011 Sep 21 11 10:36p Jeff & Becky Veltri 486 -1778 p.1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road. Kodiak. Alaska 99615 September 14. 201 I Public hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 19, 2011. The mccting will begin at 6:30 p.nl. 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 - 014 APPLICANT: Dayton Wandcrsec REQUEST: A rezone, according to KIBC 17.205.030.C, to consider a change of zoning for Lot 4, Block 5, Miller Point Alaska Subdivision, from RRI -Rural Residential One B- Business. LOCATION: 4210 Otmcloi Way ZONING: RRI -Rural Residential One This notice is being sem to you because our records indicate you are a property ownerlinterested 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 he received by 5 pm on Tuesday. October 4i 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 entail your comments to ssmith4 kodialrak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing scelfon of the meeting. The local call -in telephone number is 486 - 3231. One week prior to the regular meeting, on Wednesday, October 12, 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. 1 n � e o ff � (A sae \\ Your Arms 4/5 R Agri Mailing nna �,: ' / f SZ f_ r, 1J You r properly do criptiun: / / Commentts: 1 �Q/;e 0n Proh /'o-^ I N.Itr. f 7-oil c 7erkfp,v • �re , -fir, • 1 -vii / / ' u /c ) /Are% it? 4 2 � r 7 n )11,55/ ,, ' I L 1 . �J6i,�a r . a L►Z�JJ pit / /Ic 140 • . , . f med. Q Ase • Case No. 12 -014 Public Comment Page 6 of 6 Public Hearing Item 7 -A P &Z october 19, 2011 MEMORANDUM DATE: October 7, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the December 16, 2009 Regular Meeting CASE: 12 -014 APPLICANT: Dayton Wandersee REQUEST: A rezone, according to KIBC Chapter 17.205.030 C, of Lot 4, Block 5, Miller Point Subdivision from RR1 -Rural Residential One to B- Business. LOCATION: Miller Point Subdivision Block 5 Lot 4 4210 Rezanof Dr. East ZONING: RR -1 Rural Residential Zoning District Thirty (30) public hearing notices related to this request were mailed on September 14, 2011. Two public comments have been returned with favorable comments. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Residential Unclassified. Rezoned to Rural Residential Zoning District by Ordinance 80 -9 -0. Rezoned to RR -1 Rural Residential Zoning District by Ordinance 85 -15 -0. A request to rezone from RR -1 Rural Residential One to Retail Business or Business, for the purpose of "Retail Business", was received by the department on June 21, 2002 (Case 02 -019). This request was withdrawn by the applicant before being heard by the Commission. A request to rezone from RR -1 Rural Residential One to Business, for the purpose of "New office for construction company; construction equipment & material storage, storage containers, shop building ", was received by the department on January 31, 2008 (Case 08 -018). This request was denied by the Commission. A request to rezone from RR -1 Rural Residential One to Business, for the purpose of "Establish office and garage for retail rental business ", was received by the department on October 6, 2009 (Case 10 -007). This request was denied by the Commission. 2. Lot Size: 28,879 Square feet Case No. 12 -014 Staff Rpt Page 1 of 7 Public Hearing Item 7 -A P &Z october 19, 2011 3. Existing Land Use: Single Family Residence (Zoning Compliance Permit 812010 -122, dated June 9, 2010). 4. Surrounding Land Use and Zoning: North: Miller Point Block 5 Lot 3 Use: Institutional Zoning: PL- Public Use Zoning District South: Miller Point Block 5 Lot 5 Use: Residential Zoning: RR1 -Rural Residential One East: Miller Point Block 5 Lot 8A -2 Use: Vacant Zoning: R -2 Two Family Residential Zoning District West: Miller Point Block 3 Lot 2 Use: Warehouse, outdoor storage Zoning: B- Business Natalia Subdivision Lot 5 Use: Residential Zoning: RR -1 Rural Residential Zoning District 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan designates the proposed rezone area as Rural Residential. This designation is synonymous with the RR -1 Rural Residential Zoning District. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 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. The Plan notes under "Implementation Policies ": Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. Additional study is needed to estimate future employment in specific industries and related needs for land zoned for those types of uses. For example, in assessing the need and most appropriate locations for new industrial [Business] land, consider the following factors. © The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. 0 Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. Case No. 12 -014 Staff Rpt Page 2 of 7 Public Hearing Item 7 -A P &Z october 19, 2011 9 Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. KIBC 17.21.010 Description and intent. The B- Business Zoning District is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities i1a11t added) For the business zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use and development of land for retail purposes; B. To discourage the use of business district lands for other than retail purposes; C. To prohibit the use of business district lands for manufacturing and industrial purposes; and D. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter KIBC 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change [t0 5odded' 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. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The request is inconsistent with the recently adopted Kodiak Island Borough 2008 Comprehensive Plan. The future development of the proposed rezone area will be subject to a far greater list of permitted uses, and potential conditional uses, than envisioned in past or present requests. Case No. 12 -014 Staff Rpt Page 3 of 7 Public Hearing Item 7 -A P &Z october 19, 2011 ZONING /USE: The general area is characterized as a mixed use area. The area to the east is utilized as relatively low- impact public use, i.e., the Bayside Fire Station and Training Facility, and single - family residential uses. The area to the north is utilized as relatively low- impact storage uses (rezoned to B - Business Zoning District by Ordinance 86 -51, December 1986). Abutting and adjacent uses to the south and west are low- impact residential uses. LAND SUITABILITY: The parcel subject to this rezone request is arguably now more amenable to a business use than a permitted use under the current zoning designation. During the years 1990 through 2007, the property had been mined for the rock resource without the required public review or permitting. Pre - construction development had resulted in a "ready- to -go" state with little or no additional site work required. Access to public water and sewer utilities is readily available. RECENT DEVELOPMENT TRENDS IN THE AREA: The recent development trend in the immediate area has been a continuing reliance upon the establishment of single family residences, and the evolution of the Bayside Fire Station into a multi - purpose complex serving the community's emergency responder needs, and providing meeting rooms and training facilities serving the needs of a variety of organizations representing a much wider community. The trend of residential development in the neighborhood continues evidenced by the filing of two residential re -plats since the December 2009 decision of the Commission. And, the residential trend is underscored by the applicant's own residential development on the subject property Outside of the immediate area, but still within the sphere of influence, the most noticeable development trend has been the establishment of the North Star Elementary School. Located approximately 1,700 feet to the west on Otmeloi Way, this community facility exhibits all the indicators of continuing expansion and increasing intensity of use. TRAFFIC IMPACTS: The B- Business Zoning District is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities. Because the district presumes a significant retail characteristic of use, the location of the property on the extreme periphery of the urban area mandates reliance upon passenger car transport. Because the specific use of the property following a rezone cannot be limited to anything less than the listed permitted uses allowable in the B - Business Zoning District, the actual number of vehicle movements into, and out of, the property on any given day is an unanswerable question. 1 Case S11 -006, 11/30/2010 creating Lot 6A -1A and Lot 6A -2A, Block 1 Miller Point Subdivision, and, Case S12 -001, 5/19/2011, creating Lots 5A thru E, Block 4 Miller Point Subdivision. 2 Appendix, pages 1 through 6. Case No. 12 -014 Staff Rpt Page 4 of 7 Public Hearing Item 7 -A P &Z october 19, 2011 Potential traffic impacts are significant. A poorly designed intersection and restricted lines -of- sight at the obvious point of ingress and egress, Otmeloi Way, portend conflicts between vehicle traffic and pedestrian traffic. This concern cannot be understated as Otmeloi Way is a primary access route to and from North Star Elementary School. COMMENTS Per Kodiak Island Borough Code 17.205.030 C the rezone application should contain the "data and information as may be necessary to assure the fullest practicable presentation of facts ", and "set forth reasons and justification for proposing such change ". The application narrative fails to supply any supporting data, and does not provide any reason or justification for the request. Due to this deficit, staff will rely upon the guidance provided by the applicable comprehensive plan, and the characteristics of the proposed zoning district, in order to evaluate the proposal. The applicable comprehensive plan provides "in assessing the need and most appropriate locations for new industrial [Business] land, consider the following factors ". The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. Despite the most optimistic projections, the local population trend is flat to declining, and there does not appear to be any impetus for a reversal of this trend in the foreseeable future The identified business activity has not been identified as a growth sector per se. Although construction related activity will continue to be a significant portion of the local economy, the applicant has failed to identify any particular niche that is currently under - served to any appreciable degree. The same observation is relevant to the applicant's stated intent to offer services supporting the local fishing industry. Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. As related earlier in this report, the subject parcel is located with paved road frontage, and public water and sewer utilities are readily available. Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. Because of the long list of permitted uses within the B - Business Zoning District, the potential for conflict with abutting and adjacent uses is significant. Characterized as a mixed use area, the predominate use in the area is residential. 8 Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. 'Appendix pages 7 & 8, Census Data. Case No. 12 -014 Staff Rpt Page 5 of 7 Public Hearing Item 7 -A P &Z october 19, 2011 Size, topography, and other characteristics are suitable for a small fe'"Pno :: added ) business use, however, parking is a limiting factor, and a growth industry is not identifiable. The applicable zoning district, KIBC 17.21, provides "The 8- Business Zoning District is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities f "a'' " added] . For the business zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use and development of land for retail purposes; The Kodiak Island Borough 2008 Comprehensive Plan states that there is currently 444 acres of Business zoned lands within the borough. A recently completed review of the urban area has tallied a total of 387 parcels of business zoned and within the immediate urban area. The 387 parcels have a combined land area of 200 acres (rounded). Those parcels with a coding of "VAC" contain a total of 45 acres of land area. The business zoned vacant land area is 23% (rounded) of the total business zoned land within the immediate urban area. This percentage of existing under - utilization is hardly a sustainable argument for more business zoned land. B. To discourage the use of business district lands for other than retail purposes; The applicant's proposed use of the parcel does not contain a retail component. To reiterate, a rezone to business would allow the property owner, present or future, to develop the property with any of the permitted, or potential conditional uses listed in the business zoning district. " The linear development pattern of business zoned lands is illustrated on page 9 of the Appendix. The auto - dependency of linear development is especially pernicious in light of ever rising fuel costs. The illustration clearly indicates a need to return to the policies of the comprehensive plan and refocus upon the goal of "core areas ". Case No. 12 -014 Staff Rpt Page 6 of 7 Public Hearing Item 7 -A P &Z october 19, 2011 RECOMMENDATION Staff recommends that the Commission not 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 Lot 4, Block 5, Miller Point Subdivision from RR1 -Rural Residential One to B- Business Staff recommends that this motion be failed, and the following motion be made and approved. Move to adopt the Findings of Fact in the staff report dated October 7, 2011 in support of the denial of Case No. 12 -014. FINDINGS OF FACT 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. No justification for the rezone has been offered. No need for the rezone been demonstrated. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be inconsistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone to B - Business Zoning District would add to an existing under - utilized inventory of Business zoned lands. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends disapproval of this rezone request. Case No. 12 -014 Staff Rpt Page 7 of 7 Public Hearing Item 7 -A P &Z October 19, 2011 Kodiak Island Borough Print Form j I -- Submit.byEmail Community Development Department t `ti,y1 710 Mill Bay Rd. Rm 205 II II�I�I��III�I I1�1 ° ;),A ^' 1 7 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax(907)486 -9396 21703 ham: //w ww. kod i a ka k. u s Zoning Compliance Permit Permit No. BZ2010 -122 The following information is to be supplied by the Applicant: Property Owner / Applicant: Dayton Wandersee Mailing Address: PO Box 8516, Kodiak AK. 99615 Phone Number: 1.907.486.2948 Other Contact email, etc.: Legal Description: Miller Pt Bk 5 Lt 4 Street Address: 4210 Otmeloi Way Use & Size of Existing Structures: Vacant Description of Proposed Action: NSFR & garage (40'x80') Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: ZONING: RR -1 Prop_ID 21703 Lot Area: 28,879 sgft - Lot Width: 80' Bldg Height: 35' Front Yard: 25' Rear Yard: 20' Side Yard: 10' Prk'g Plan Rvw? tl of Req'd Spaces: Plat / Subdivision "Lot is served by municipal water & sewer* * Requirements? Does the project involve If YES, do you have an EPA Return Receipt of Notification? N / A an EPA defined facility? N/A " Permit will not be issued until receiot issubmittedto KM" • Case No. 12 - 014 Appendix Page 1 of 10 Public Hearing Item 7 -A P &Z October 19, 2011 Coastal Policy Residential Consistent? Yes Attachment? Subd Case No. Plat No. Btd'g Permit No. Driveway Permit? Septic Plan Approval: Fire Marshall: Applicant Certification: 1 hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as o representative of the property owner. I agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? Site Plan List Other: Date: Jun 9, 2010 Signature: Dayton Wandersee This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. "EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UBC) per KIBC 17.03.060." CDD Staff Certification Date: Jun 9, 2010 CDD Staff: Martin Lydi C e I Payment Verification �� Zoning Compliance Permit Fee Construction Disposal Deposit Payable in Cashier's Office Payable in Cashier's Office Room i1 104 Room 4 104 FICPSH FICASH 6/09/2010 8:: • :07 Fee Schedule Fee_$chedulgtD 1.11 IL IM1 • • P A 1 0 Less than 1.75 acres r, 11 I rt .,, More than 500 sq It 51000.00 *** Paia in F 11 * Kodiak island Borough Kadi':k IJR :.615 JUN -9 2010 466 ' 4 Kodiak Island Borough Finance Department Case No. 12 -014 Appendix Page 2 of 10 PubIic Hearing Item 7-A P&Z October 19, 2011 A4 4 1 • 7 • Case No. 12-014 Appendix Page 3 of 10 Public Hearing Item 7 -A P &Z October 19, 2011 Kodiak Island Borough �� Community Development Department / � 710 Mill Bay Road H `' Kodiak, Alaska 99615 � ��, - ' Phone (907) 486 -9363 Fax (907) 486 -9396 as www.kodiakak.us 1,- June 15, 2010 Letter of Courtesy & Advisory via Certified Mail Return Receipt Requested Receipt Number: 7009 1410 0000 9500 3672 Reference: Miller Point Subd Block 5 Lot 4 / 4210 Otmeloi Way Mr. Dayton Wandersee Post Office Box 8516 Kodiak, AK 99615 Dear Mr. Wandersee, This correspondence is directed to you as a courtesy noticeland'advlsory. The Community Development Department r, ce J inquiries - egaag your proposed development of a single - family residence wit attached garageifo be located on the property referenced above. Basnon your application informationthe department authorized this development via zoning compliance permit No. BZ2010 -122, dated June 9, 2010. \` - ,N,, The zoning compliance permitautthorrized the de } opment, as proposed, subject to the terms and conditions of the applicable'rzoning d` standards, i.e., Kodiak Island Borough Code 17.70 - RRY1TRural R slden Z ornng District. In addition, the property is subject to the standard's contained in Kodiak Isla Code 17.25.090 H — Home Occupations. Both}of these code citations are included with this correspondence for your reference. Following adnal,querie i is the departrri d ioo nt's understanding that you propose to construct a family resldeer ce with dime sions of twenty feet wide by forty feet deep (800 *square feet) and a`rnattta`che�dgara'ge with dimensions sixty feet wide by forty feet deep(2,400 square feet). This'propossed allocation of floor area is problematical to the extenttthat a residentiath is intended to be subsidiary and incidental to the princip * dwelling. In this in nce the reverse seems to be the case. In other words, the tail Wagging the dog. ', Kodiak Island4oreuugh Code 17.25.080 G defines a garage as: Garage, Private. "Private garage'`meafl ansaccessory building or any portion of a main building used in connection with re'sid'e purposes for the storage of passenger motor vehicles. \ \ Dove \departments \CD \CD -17 Property Files \Miller Point \Block 05 \Lot 04 \MP 5_4 C &A Letter.docx Page 1 of 2 Case No. 12 -014 Appendix Page 4 of 10 Public Hearing Item 7 -A P &Z October 19, 2011 Due to past controversies surrounding this property, i.e., unpermitted excavation and export of rock resource, and two unsuccessful attempts to obtain a rezone of the residential zoning to business zoning, this department, by way of this correspondence, intends to make absolutely certain that you are aware of the allowable uses of the property, before you make any additional sizable investment. Any use of the property (interior or exterior), which does not strictly conform to the applicable zoning district standards, or exceeds the allowable use contained in the Home Occupation proviso, will be grounds for enforcement action and may subject you, the property owner, to significant legal and financial penalties. Your recognition of, and attention to, these requirements of thediak Island Borough Code are appreciated. Thank you, IS k , rds....- * \1/4\4 Martin Lydick, Associate Planner- Enforcementnn Cc: Mr. Bud Cassidy, Director, Community Development Department Mr. Doug Mathers, City of Kodiak Building Official `? N Planning & Zoning Commission� 7S. File: Miller Point Subd Block S L Enc: Kodiak Island Borough Code 17.25.090ome Otion, Kodiak Island Borough Code 17.70 RR -1 — Rural Residential!One District. `+\ • lit \ \Dove \departments \CD \CD -17 Property Files \Miller Point \Block 05 \Lot 04 \MP 54 C &A Letter.docx Page 2 of 2 Case No. 12 -014 Appendix Page 5 of 10 Public Hearing Item 7 -A P &Z October 19, 2011 At » y q , }} ¢ t , ; 6. � ^b i(Y.d r + ` ::r;? I „ `' 4 } �,t.+ 4 :�+�,�+ it+ t'✓,N om ` t O ' • • t r o-• 14 R . z . y � �. d+ " p � .Y4 ] •. � JV i . 5 �,5 . 4Y + r e 1 . t d : y r °'�, E 1 O L . + . F , t�tl��+,�4f1, ` ` ' j . , � ,r +� { j a i k � 7 '',' t, 1 l a o S S. c a a i is ,w . S P F, j .4zv� ,, t �, �� , #t ; + ti , .,` ? ■ + . 1 Q . � � ife4 j.i 3 4,1 . I � . le ' � C Q t • + j ° 3 t � r LT.$,," • lS ' - i 1 Z9 , 1 � �i. i ,T +[ ar Y� tf ) 71 . w , .Eb Cl. e - • ' c � R} I �' T 4 i 1 ' j 11n Yr II{{ 1 IA + ttt 9 rC W 3 � ,: ., r A - 111 d . N + � a t �. ;; H �.yy♦ �4 1 �� M1 f y n� ^ • c ill' i .. f Y' 1 . � s y . i ( k , 2, x, .,• . • n c h • �; s ,r� ��� z ; 'r + . .. �•r i t , Ry f! 1,4.;., I t ! r . + ! iu • i � yy ''. ' :� J � l t ' . t ' t ( t " X11 4' + y yi' / l l k. 1 V F ., Z J 1 1 v '".∎ i' s ' �y c l �r ;e, t •( + u se t i� J I .'Y `i �� M:� 7 f t 3 ` f I n 0 i l" i, 4V ' .� , l.i 4 .r' e r te`, 0 5 / » j r ' LW ., � t ip ' . 1 / ti ; , 1 dd ji ' ; t t �, t . ' i 1 *it. r .. ... '4 5 �. 31., • " K � � � 1 1..1+ 1/ ' -.ri f t . ,I > ,'i �•�- , Case No. 12 -014 Appendix Page 6 of 10 Public Hearing Item 7 -A P &Z October 19, 2011 KODIAK ISLAND BOROUGH POPULATION FIGURES 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 8 OId Harbor 218 Ouzinkie 161 Port lions 194 Womens Bay 719 Remainder of Borough 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 42 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 Ouzinkle 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 af 2 Updated 3/16/2011 Case No. 12 -014 Appendix Page 7 of 10 Public Hearing Item 7 -A P &Z October 19, 2011 KODIAK ISLAND BOROUGH 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 1995 1995 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 . Kaduk 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 Lions 194 256 222 215 Womens Bay 719 690 620 0 Remainder of Borough 4,590 3,991 1220 2,716 TOTAL 13,592 13,913 13,309 9,939 \ \Dove \departments \CD \U -CD -19 Econ Data \Census \2010 Census Data.rdsx 2 oft Updated 3/16/2011 Case No. 12 -014 Appendix Page 8 of 10 Public Hearing Item 7 -A P &Z October 19, 2011 Urban Area Business Parcels Request: A rezone, according QDC 0.205.030.C, Q!eonsiderachange oO zoning fttitCj (Block 4 p123 c ED 12 -0'14 Raffia? Point Alaska Subdivision, fibago RR.1 -Rural Dayton Wandersee Residential m B- Business "PAWN 0 11/404141 if* � ∎ . I" Iii t� �Vti `o, ek •3: �6�.r � iii v l: � �� ,) r ta ; ^ qq , 1.41= 7 �/ � r_� - --* q/ �• :.. 1�1 � ` :�I �� 1 �� � � ■oa Subject parcel = ` _ �:.•" � . e • �,�% fp• Ere" Atz it - / W 1 1 1■ 1� .1+11,.•, p �0.:•;•.`.., ; t 1 0 o v il iii 7::: fie / c.,I, * 1,11L.,,,:-....:4111 P.. a % '.;14 ,1te r il l ‘; P 4 i 4 i k f r " . -C Y At /n'ar,15 t ' / ‘`‘ ‘ \ N 4ite 4 — A At AO e �`,� _ A‘ A As mg .0 Allei _ � e; Kodiak Island Borough GIS System �, a; J �j .. W H igo 0 1,300 2.600 5.200 7.800 10,400 Feet S This map was prepared from the Kodiak Island Boroughs GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (901) 4869333 Case No. 12 -014 Appendix Page 9 of 10 Public Hearing Item 7 -A P &Z October 19, 2011 Row Labels Sum of Land Area Per Centage 3FR 42138.41709 0.484% 4FR 15758.30453 0.181% ACC 340619.6976 3.913% ARPT 77829.20624 0.894% BR 180678.9919 2.076% BUS 3895472.656 44.754% CDO 59599.32515 0.685% CHR 109038.544 1.253% DUP 35768.47485 0.411% GRS 226585.3699 2.603% IND 433869.0085 4.985% 1ST 126981.0752 1.459% MFR 251202.3769 2.886% MHP 319116.8686 3.666% MHR 14282.21672 0.164% PUB 24344.54805 0.280% RB 23347.63706 0.268% SCH 49484.07837 0.569% SFR 254633.0274 2.925% SMA 3469.29905 0.040% VAC 1972516.647 22.662% WRH 247425.0203 2.843% Grand Total 8704160.79 Case No. 12 -014 Appendix Page 10 of 10 ° "' KODIAK ISLAND BOROUGH rp, AGENDA STATEMENT REGULAR MEETING OF: DECEMBER 15, 2011 ITEM NO.: 13.D.1 TITLE: Confirmation of Mayoral /Assembly Appointments to Various Boards, Committees, and Commissions. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Applications received for various board, commissions, committees seats. APPROVAL FOR AGENDA:+ f � SUMMARY STATEMENT: MAYORAL APPOINTMENTS _ APPLICANTS Architectural /Engineering Review Board (Three seats) Scott Bonney (10/26/2011) Scott Bonney, Michael Brechan, and Sonny Vinberg to Michael Brechan (11/17/2011) seats expiring 2014 Sonny Vinberg (10/21/2011) Parks and Recreation Committee (Two seats) Rick Lindholm (11/17/2011) Rick Lindholm to a seat expiring 2014 Planning and Zoning Commission (One Borough Borough: seat/One City seat) Bill Barton (10/18/2011) Sonny Vinberg and Alan Schmitt to seats expiring 2014 Sonny Vinberg (10/21/2011) City: Tracy Craig (11/07/2011) Alan Schmitt (10/14/2011) ASSEMBLY APPOINTMENTS APPLICANTS _ 1 Citizens Board of Equalization (Two seats) John Parker (11/17/2011) John Parker to a seat expiring 2014 Clerk's note: Original advertising reflected a deadline for applications by Friday, November 18, 2011. Having not received applications for all the open seats, the deadline was extended to Friday, December 2 for the unfilled seats. RECOMMENDED MOTION: Move to confirm the Mayoral and Assembly appointments to the various boards, committees, and commissions as indicated. Kodiak Island Borough Page 1 of 1 • MAYORAL APPOINTMENTS Architectural /Engineering Review Board 2.45.010 Established. There is established the Architectural /Engineering Review Board, which shall consist of seven (7) voting members, to be appointed by the mayor. 3 seats to expire 2014 Applicants: Mayoral Appointments: 1. Scott Bonney 1. Scott Bonney 2. Michael Brechan 2. Michael Brechan 3. Sonny Vinberg 3. Sonny Vinberg Parks and Recreation Committee 2.120.020 - Appointment, terms, and procedures. Members of the committee shall be appointed by the mayor subject to confirmation by the assembly. 3 Seats to expire 2014 Applicants: Mayoral Appointments: 1. Rick Lindholm 1. Rick Lindholm 2. Mike Marion 2. Mike Marion Planning and Zoning Commission 2.105.010 - Created -- Membership. There is created pursuant to AS 29.40.020 a Planning and Zoning Commission, which shall consist of seven (7) members appointed by the mayor subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. 2 Seats to expire 2014 (1- Borough/ 1 -City) Applicants: Mayoral Appointments: 1. Bill Barton (B) 1. Sonny Vinberg (B) 2. Sonny Vinberg (B) 2. Alan Schmitt (C) 3. Tracy Craig (C) (Mr. Schmitt's City Recommendation is 4. Alan Schmitt (C) Attached) ASSEMBLY APPOINTMENTS 3.35.050 Board of Equalization. A. Membership, Qualification, Duties, Terms. 1. Members. The Board of Equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. 2 Seats to expire 2014 Applicant: Assembly Appointment: 1. John Parker 1. John Parker HOLD OFF ON THESE — PENDING REVIEW BY BOARDS AND /OR WAITING FOR MORE APPLICANTS Solid Waste Advisory Board 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. 2.145.010 Created — Membership. There is created a Solid Waste Advisory Board that shall consist of seven borough residents, inclusive of the City of Kodiak, who represent a cross - section of the social and economic structure of the community. Preferably, two out of the seven seats shall be designated to representatives from the construction and retail business community. 1 Seat to expire 2014; 1 Seat to expire 2013 - Hold until more applicants for full board. Applicants: Mayoral Appointments: 1. Gary Rabideau 1. Mission Lake Tidegate Service Area 4.130.020 Board. The Mission Lake tidegate service area board shall consist of three (3) members appointed by the assembly. 1 Seat to expire 2014 Applicant: Appointment: Personnel Advisory Board Personnel Manual Section 203 The Borough Assembly shall appoint a Personnel Board consisting of five members. 2 Seats to expire 2014 Applicant: Assembly Appointment: SERVICE AREA BOARDS — RECOMMENDATIONS NEEDED Airport Fire Protection Service Area Board 4.120.020 Board. The airport fire protection service area advisory board shall consist of five members and shall be appointed by the assembly. 1 Seat to expire 2014, 2 Seats to expire 2013, 2 Seats to expire 2012 Applicant: Appointment: Monashka Bay Road Service Area Board 4.60.020 Board. The Monashka Bay road service area board shall consist of five members. 2 Seats to expire 2012, 1 Seat to expire 2014 Applicant: Appointment: Service Area No. 1 Board 4.70.020 Board. The Service Area No. 1 board shall consist of seven members. 1 Seat to expire 2012 Applicant: Appointment: 1. Danny Powell — app provided to SA1 board Trinity Island Streetlight Service Area Board 4.140.020 Board. The Trinity Islands service area board shall consist of three members appointed by the assembly 1 Seat to expire 2014, 1 Seat to expire 2013, 1 Seat to expire 2012 Applicant: Appointment: Woodland Acres Streetlight Service Area Board 4.100.020 Board. The Woodland Acres street light service area board shall consist of three members appointed by the assembly. 1 Seat to expire 2014, 1 Seat to expire 2013, 1 Seat 2012 Applicant: Appointment: v Office of the City Clerk U � ;K A 710 Mill Bay Road, Room 216, Kodiak, Alaska 99615 i t rn-E 0 i .A WE'.;7 December 7, 2011 • ' Honorable Jerome Selby, Mayor i- 1 i DEC 7 2011 ,L._) Kodiak Island Borough J • 710 Mill Bay Road BOROUGH CLERK'S OFFICE Kodiak, AK 99615 Dear Mayor Selby: At the City's work session last night, the City Council interviewed Tracy Craig and Alan Schmitt for the open City seat on the Planning and Zoning Commission. Pursuant to AS 29.40.020, the Council recommends the appointment of Alan Schmitt to the City seat that expires in 2014. /Sier ely, Sincerely, Matt Gandel Deputy Clerk c: Bud Cassidy, Community Development Director Jessica Kilborn, Assistant Clerk Telephone (907) 486 -8636 / Fax (907) 486 -8633 clerk@city.kodiak.ak.us Cr* KODIAK ISLAND BOROUGH 115/! ° `° ; ARCHITECTURAL /ENGINEERING REVIEW BOARD . BUILDING CODE BOARD OF APPEALS NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Scott Bonney 2011 486 -4005 350 -5844 stralaska(cilhotmail.com PO Box 5524 Chiniak, AK 99615 Cliff Ford 2012 486 -5353 486 -7742 539 -5340 clifff 1250 Beaver Way Kodiak, AK 99615 Gregg Hacker (Chair) 2013 486 -4392 481 -2283 539 -5230 ghacker01 an kodiakschools.orq PO Box 967 Kodiak, AK 99615 -0967 Ray Nordgulen 2012 486 -3719 539 -1639 nordqulenwings a( hotmail.com 274 Neva Way Kodiak, AK 99615 Sonny Vinberg 2011 512 -2839 486 -2530 907 -306- hvinberqakoniaq.com PO Box 78 3876 WK Kodiak, AK 99615 Brent Watkins (Vice Chair) 2011 brentski22(yahoo.com 307 Childs Drive Kodiak, AK 99615 Assembly Representative Jerrol Friend 486 -7654 486 -4946 539 -1975 jerrol .friend PO Box 175 Kodiak, AK 99615 NON - VOTING EX- OFFICIOS School Board Representative Norm Wooten 539 -1419 nwooten(@gci.net PO Box 3016 Kodiak, AK 99615 Petal Ruch, Alternate 486 -4705 petalruch This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 STAFF j ';U ! ` :. , EIF DIRECTOR, WOODY KONING 486 -9343 wkoninq(Ekodiakak.us PROJECTS MGR. /INSPECTOR, KEN SMITH 486 -9341 ksmith(dkodiakak.us PROJECTS ASSISTANT, JESSI WOLFE 486 -9349 jwolfe@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 Revision Date: 4 /12/2011 Revised by: JK A 4p`'^ KODIAK ISLAND BOROUGH { ,y tint ; CITIZENS BOARD OF EQUALIZATION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Mark Anderson 2012 486 -3377 486 -7950 manderson(Gi7fnbalaska.com 1124 Stellar Way Kodiak, AK 99615 Cheryl Boehland 2012 486 -3480 539 -8529 chervlboehlandgmail.com PO Box 8529 Kodiak, AK 99615 Carrie Morton 2013 486 -8877 481 -1044 539 -1235 mortonc(a�residentialmtq.com PO Box 2601 Kodiak, AK 99615 John Parker 2011 486 -3084 486 -3084 tovboxqci.net PO Box 191 Kodiak, AK 99615 Cheryl McNeil (Alternate) 2013 486 -8415 486 -3100 mcneilmom(avahoo.com 2147 Three Sisters Way Kodiak, AK 99615 Vacant 2011 KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 ' .. , p, • 'AT ASSESSOR, BILL ROBERTS 486 -9350 broberts(a)kodiakak.us BOROUGH CLERK, NOVA M. JAVIER 486 -9310 niavier@kodiakak.us ASSESSING DEPARTMENT OFFICE OF THE BOROUGH CLERK 710 MILL BAY ROAD 710 MILL BAY ROAD ROOM 228 ROOM 101 KODIAK, AK99615 KODIAK, AK 99615 Revision Date: 8/8/2011 Revised by: JK KODIAK ISLAND BOROUGH PARKS AND RECREATION COMMITTEE NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Pam Foreman 2013 486 -2588 486 -5557 pforeman(o�gci.net 1637 Three Sisters Way Kodiak, AK 99615 pamAkmxt.orq Jeff Huntley 2012 486 -4013 486 -7620 mhuntley(@.ptialaska.net 1015 Pine Crescent Kodiak, AK 99615 Rick Lindholm 2011 486 -8297 486 -8111 rickl(cilkiha.orq PO Box 474 Kodiak, AK 99615 Patrick Saltonstall (Vice Chair) 2012 486 -2634 486 -7004 pgsaltonAgci.net PO Box 1909 Kodiak, AK 99615 Andy Schroeder 2013 512 -0919 539 -1979 andyanislandtrails.orq PO Box 301 Kodiak, AK 99615 Mike Sirofchuck (Chair) 2011 486 -6498 486 -1203 rakenscrape c(�hotmail.com PO Box 970 Kodiak, AK 99615 Hans Tschersich 2012 486 -5648 486 -9521 206 -601- xrayhans@Nahoo.com 1423 Baranof St. 8772 Kodiak, AK 99615 Sandra West 2013 486 -5303 487 -5310 539 -6429 sandra.w.west(c?uscq.mil 2474 Spruce Cape Road x144 Kodiak, AK 99615 Vacant 2011 NON - VOTING EX- OFFICIOS Assembly Representative 487 -2244 539 -2494 chris .Ivnch(@assemblv.kodiakak.us Chris Lynch 11175 Lake Orbin Drive Kodiak, AK 99615 State Representative Kevin Murphy 486 -4688 486 -6352 kevin.murphy(o)alaska.aov 1400 Abercrombie Drive Kodiak, AK 99615 Roster continued on the next page.... Revision Date: 9/30/2011 Revised by: JK —CP KODIAK ISLAND BOROUGH PARKS AND RECREATION COMMITTEE NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE City Parks & Rec. Representative Ian Fulp 486 -8670 ifulp(a.city.kodiak.ak.us 410 Cedar Street Kodiak, AK 99615 School Board Representative Peggy Rauwolf 486 -8812 peucyrauwolf (@kodiakschools.orq 3571 Patrick Court Kodiak, AK 99615 Norm Wooten, Alternate 539 -1419 nwooten(o�gci. net Planning and Zoning Commission Representative Casey Janz 487 -4055 942 -2146 cianz(Wptialaska.net 10674 Chiniak Dr. Kodiak, AK 99615 Brent Watkins, Alternate brentski22(@vahoo.com This committee is governed by Kodiak Island Borough Code 2.120 yr 1,:. n -a ,#.."+ "* CDD DIRECTOR, BUD CASSIDY 486 -9363 bcassidv0kodiakak.us ASSOCIATE PLANNERILRP, DUANE DVORAK 486 -9363 ddvorak@kodiakak.us CDD SECRETARY, SHEILA SMITH 486 -9363 ssmith@kodiakak.us COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 205 KODIAK, AK 99615 Revision Date: 9/30/2011 Revised by: JK r *. °°Qa� „_ KODIAK ISLAND BOROUGH r f =' PLANNING AND ZONING COMMISSION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Jay Baldwin (B) 2011 486 -3433 942 -0386 kodiakiavvahoo.com 3343 Eider Street Kodiak, AK 99615 Casey Janz (B) 2012 487 -4055 942 -2146 cianz(cilptialaska.net 10674 Chiniak Dr. Kodiak, AK 99615 William Kersch (C) 2012 486 -4854 715 -475- williamuspsCa)vahoo.com 1812 Mission Road 8336 Kodiak, AK 99615 Alan Schmitt (C) 2011 486 -5314 942 -0404 schmitt(@sici.net 3295 Woody Way Loop Kodiak, AK 99615 Alan Torres (B) (Chair) 2013 486 -0217 486 -9345 aril.torres(a�vahoo.com 2746 E. Rezanof Dr. Kodiak, AK 99615 Rick Vahl (B) 2012 486 -3344 486 -5308 907 -947- rickva(�akwaste.com 1324 Mountain View Drive 5489 Kodiak, AK 99615 Brent Watkins (C) (Vice Chair) 2013 brentski227a vahoo.com 307 Childs Drive Kodiak, AK 99615 B= Borough Seat C =City Seat This commission is governed by Kodiak Island Borough Code 2.105 ST1PF` c ,, ` _` CDD DIRECTOR, BUD CASSIDY 486 -9363 bcassidy(a)kodiakak.us ASSOCIATE PLANNERILRP, DUANE DVORAK 486 -9363 ddvorakOkodiakak.us CDD SECRETARY, SHEILA SMITH 486 -9363 ssmith(dkodiakak.us COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD ROOM 205 KODIAK, AK 99615 Revision Date: 7 /8/2011 Revised by: JK Kodiak Island Borough A wl Office of the Borough Clerk f t 710 Mill Bay Road Kodiak, Alaska 99615 Cal �. - �; Phone (907) 486 -9310 Fax (907) 486 -9391 .ka EMAIL: njavier(a,kodiakak.us BOARD APPLICATION NAME: R. Sc®TT 2ozv1v1 HOME PHONE: 4N-4 WORK: 90 /S4 793b' CELL NO: E -MAIL: 012_ M ASJC• ( /4v n, ,'c • ( or?? STREET ADDRESS: MII� 4 - o4 C/)/A///92 MAILING ADDRESS: po /Jsx 5r2-4 Cm,v 4-ic ,9x C51/i LENGTH OF RESIDENCE IN KODIAK: 30 IN ALASKA: 57 y/( ARE YOU A REGISTERED VOTER IN KODIAK? YES (9 NO ( ) —. _.. _ ARE- Y - O U A- PRORERTY OWNER IN -KODIAK ? - -- - - -. . . . . . . . . . . . . . . . .N O - ( . ) . . - . ... . __ ._ _ COMMUNITY ACTIVITIES: 'I i} )i s l r �� 11 `7 E I I ' , PROFESSIONAL ACTIVITIES: L �.1 NOV 3 2011 AREA OF EXPERTISE AND /OR EDUCATION: I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List In order of preference) 1. /tPahri07714/9 &v N } o 2. 3. 4. 1°12 Sig atur Date A resume or letter of inte -st 1- Be attached, but Is not required. This application will be kept on file for one year. Please return th-`tg:; � cation by the advertised deadline. /� - STAFF USE ONLY • Votar ID No Verified D:1� Documenmtion• Appointment Lefler. Applicnrs Residan ®; :• f7CityO Roster: Dam Appdnmd: Oath of Office: Temr Exp'aes on'. - Flnanaai Disdnvute: Comments: Kodiak Island Borough Office of the Borough 01s,r-; I 710 Mill Bay Road ECE1VE Kodiak, Alaska 9961 t • �'- q, , Phone (907) 486 -9310 Fax (90 e • 9 : 138) 0r j _ _• - - . - , . _...,ww....._._ .............u.. _ ._. .._._. r ... s l'D Lail ' - -" '� EMAIL:`n avter • kodtaka .us o ,Ou,, BOARD APPLICATION 1 t ; ; ' • • . NAME: 1 /CH Ate Sfre .,-, HOME PHONE: 4C4 fit—Al WORK: yfr7 -21 S Y-- CELL NO: t 3 - f �s E -MAIL: , •/-'e • - 41.4e STREET ADDRESS: 9 / 7KC Ply/ Ch l A/O MAILING ADDRESS: if7. Bu! 2 63 LENGTH OF RESIDENCE IN KODIAK: -10 s IN ALASKA: 9 vt . ARE YOU A REGISTERED VOTER IN KODIAK? YES ,(k) NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES P4 � NO ( ) COMMUNITY ACTIVITIES: T} /J6 cka / A} f Lre i fir -s //// j Rsca/yl /` /k PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATIN: Z ' s • b_ I AM / INTERE STED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. ,4 i 6/./7;..e.ro/ i ee Li/ eG date 2. 4. • ice f ✓aV2 - Ignature Date A resume or letter of interest may be attached, but is rot required. This application will be kept on file for one year. Please return the application by the advertised deadline. • STAFF USE ONLY - Voter ID No Verified By: Documentation. Appointment Letter: Applicants Residence: Boroua '�O Cty )C ty ) Roster: Date Appointed: Oath of Office: Tnm Expires on: Financial Disclosure: Ccmroc6: a � t Vw4 t,re�hr. Kodiak Island Borough fi N?•^ f`i w, (1 S PAOr .., Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 tr., , Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier(a,kodiakak.us BOARD APPLICATION NAME: fi (SONNY) W, Uff`p - {{C,TfZ HOME PHONE: S(2 • 293 39' WORK: L 'Qib. 2930 CELL NO: IS'. flO. 4�lOZ E-MAIL: sOhYty vinberi @ Raft/144;1. rn04/ kv o, kohiAs. STREET ADDRESS: 33 33 po �A 1)U {Lp. t -�— / tOQI {</ A %1 il5 MAILING ADDRESS: F.(), £'O( Wn / +Op �, , yrl� °F 6I S -007 LENGTH OF RESIDENCE IN KODIAK:= I' IFS_ IN ALASKA: N I 2- 4124 ARE YOU A REGISTERED VOTER IN KODIAK? YES p NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES ( ) NOM COMMUNITY ACTIVITIES: .' F IlCi •• Z AI � - F Kv1 G � <OD(AK (5/ ,419 CIS Ue, KNW{- 11G►,VNT � PROFESSIONAL ACTIVITIES: S111T�' I =! +tY ) )ND(4i CDUNc(L of A$ 4 t 1C Sr "f PIR• +Pf4s. - Kl -t1K DESIf-s3, IIJCC. • 1kJCt -kvi AREA OF EXPERTISE AND/OR EDUCATION: r � _ Mf . , T�'V ,NS.W) IN WA 41 tsfZC&IS 11 tll Wolip , UNN.6F- WA - Ap.otl. 1 UAA AKIO 't 1 AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) ) 1. Pc(Ef3/4 2. 3. RAM 10 (krr I f omi ING- V}y{ -p 4. lV 'dG •Z/ / voJ/ Sign ture D Date A resume or letter of interest may be attached, but s not required. This application will be kept on file for one year. Please return the application by the advertised d11e �dli j /7 - I / �� 1 �� Ct/ � ` Voter ID No Verified By: ° Da mentation Appointment Letter. Applicanrs Resideam; Borough ( ) R [or Date gopoin:sd: I Olth of Office Torm6yires on: OCT 2 1 2011 i . Flndndal Distlosure• Comments: • — ,s OFF; Cr_ • Marylynn McFarland From: support @civicplus.com Sent: Tuesday, October 18, 2011 5:07 AM To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for: Planning and Zoning Commission Full Name: Robert W. (Bill) Barton Residence Address: 3573A Sitkinak Drive Mailing Address (if different from above): PO Box 8995 Home Phone Number: 9074864870 Work Number: 9074864810 Cell or Fax Number: 9075396870 Occupation: retired Email Address (This address will be used for correspondence): mandbbarton@ott.net Length of residency in Kodiak: 6 years Are you a registered voter ?: Yes High School: Mt. Baker H.S. Deming, WA. College: Skagit Valley College, U of W Trade or Business School: Hobbies: Fishing, hunting, reading. Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which: n Have you served on a Board, Commission, or Committee before ?: No If yes, which: : '1 001 1 8 2011 Q�. )1,4t zGwLU_ 1 t� Please list organization memberships and positions held: NRA; American Legion; KISA; AARP; RMEF; Ducks Unlimited. Please list areas of special interest: Public Service Please enter basic resume information below: 40 years of Bridge and Highway construction inspection, construction management and contract administration. Currently owner of a small fishing reel repair business. Additional Information: Form submitted on: 10/18/2011 5:06 AM Submitted from IP Address: 65.74.88.179 Referrer Page: http:/ /www.kodiakak.us /index.aspx ?nid =278 Form Address: http: / /www.kodiakak.us /Forms.aspx ?FID =72 2 • " _ Kodiak Island Borough Office e of the Borough Clerk rs , _Ai 710 Mill Bay Road Kodiak, Alaska 99615 [T'a Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier(ukodiakak.us BOARD APPLICATION NAME: LA nl L-• S c1 \M I t7 HOME PHONE: 4 c3 S3( 4 WORK: CELL NO: 9 4 - D4 01 — E-MAIL: S C_ {-k n-% i e O c l• N) STREET ADDRESS: 3 2. c W OO cll..' W (" coop MAILING ADDRESS: S A �(? LENGTH OF RESIDENCE IN KODIAK: 2-° 't' IN ALASKA: 2- - - ARE YOU A REGISTERED VOTER IN KODIAK? YES k) NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (X) NO ( ) COMMUNITY ACTIVITIES: + 2.... LvMr oss oli •Q • • Rc -FAR. n1 d a S s2N- 3 »tt (--(tzFz;-) S of-- Kuo {/WS Jot- .ar•ArniI` Fuun) if, )C • f`'\iRtAA) L(3_n-1 CS H C— . PROFESSIONAL ACTIVITIES: �SSoc\p T p g•ASAA BA& Rss(,c,t N - r)o j \Cun AY_, ryA � C nj AREA OF EXPERTISE AND /OR EDJ.ICATW . � fmr,� MRnA 6W R 011-- t I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1. P a-2, l c. , Saco) 2. 3, 4. Signature Date 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 theap•lication by the advertised deadline. �� •STAFF USE ONLY <1 (( j I ti L 11 VomND Na Ved •le Documentation' AppoineronLetter ( fitNapkin/le — - -" Appnre Residence ; . ( ) G ti IY Roster I 1 1 Date Appc1 ted: 1 i Oath d OM nr . Term E'Pi _ Finenael Disclosure: Date I \ I nr T 1 L l()ll ' � i Comments: 1 i ts: tI 1 1 I .. : ..0 Marylynn McFarland Ui ' I 5tAr From: support @civicplus.com Sent: Monday, November 07, 2011 12:06 PM To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for: Planning and Zoning Commission Full Name: Tracy Denise Craig Residence Address: 1616 Larch Street Mailing Address (if different from above): 1616 Larch Street Kodiak Alaska 99615 Home Phone Number: 9074863213 Work Number: 9074875170 Cell or Fax Number: 9079423507 Occupation: USCG HOUSING & ENTRY APPROVAL DEPT Email Address (This address will be used for correspondence): Tracy.D.Craiq@uscg.mil Length of residency in Kodiak: 20 years Are you a registered voter ?: Yes High School: Bucksport High School Bucksport Maine Voter ID No. Verified By Applicants Residence: Borough ( ) City frt College: Date Appointed: J` Term Expires On: Appointment Letter Trade or Business School: Roster • Oath tA of Office: Financial Discbscre: Hobbies: hiking, reading, community service Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which: Have you served on a Board, Commission, or Committee before ?: No LE If yes, which: ! f if NOV 1 0 2011 o unit; t; Please list organization memberships and positions held: Kodiak Highschool PTA secretary 3 years Booster Club member, ran the Bears ben and the gate 2 years. Beta Sigma Phi chair of the Armory Christmas Bazaar 3 years Please list areas of special interest: Planning & Zoning Please enter basic resume information below: Married Ben Craig one daughter born here, graduated from Kodiak Highschool last year. attending Furman University Greenville S.C. one dog, working at the coast guard base 4 years in March. Additional Information: Form submitted on: 11/7/2011 12:06 PM Submitted from IP Address: 152.121.19.252 Referrer Page: http:/ /www.kodiakak.us /index.aspx ?nid =278 Form Address: http:// www .kodiakak.us /Forms.aspx ?FID =72 2 k t � ; � od Island Bob vugh e . .r -°a �� k t :. 4. ;0• H can if tte tf the Boroug !p ° EC 1 5 2008 7 0 Mill Bay Roa ■ Kodiak, Alaska 99 1S. Z Phone (907) 486 -9310 Fax ( 486-9391 EMA njavier @kib.co.kodiak.ak.us // �� / BOARD APPLICATION <' NAME: // / � t /� . HOME PHONE: 545Y- (-}9-2 �/ WO / RK : K�1 fit/) E -MAIL: //i7 (F y C/, /1(' STREET ADDRESS: 0 /1, Al ff MAILING ADDRESS: I //0‘/ V77 LENGTH OF RESIDENCE IN KODIAK: o 5 IN ALASKA: 2-5 "7.. ARE YOU A REGISTERED VOTER IN KODIAK? YES (I.r NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (p4' NO ( ) COMMUNITY ACTIVITIES: (CEOOS Con/Aim. C� ano/Y, /t //gvE'/Pp/rt0rt7' 6 nl& l # a� ;,•7 ;Cr PROFESSIONAL ACTIVITIES: /�- 7 4 i (X /2rol' Oh (4 r, 0/-' AREA OF EXPERTISE AND /OR EDUCATION: I AM INTERESTED �1 ,SERVING ON TH FOLLOWING BOARD(S) (List in order of preference) 1. �r F r s� �lC c/2 <' I id, ( 1'1(74 2, 3. i 4. , _dy� 9 ,'? i AN.- Signature Date ^ /� A resume or letter of interest may be attached, but is not required. This application will be kept o f ee one'yeP. e Please return the application by the : • ertised deadline. 4 114 . BTAFF USE ONLY . Vda!IDNO Waled By D�wmenle4m: bDaWme t e �� 111 p , ^\ I AcDB-snCa Pe,�^.• 111 r. . Rwbc —.3� • I �: wIa gppoln 2 nml i o .N a o _( 99 MITI Expree m' F ne nOe 1 0 0 7� : v <OD� ; ,/ �1 i • Jessica Kilborn iI • From: support @civicplus.com I I !' Sent: Thursday, November 18, 2010 9:36 PM To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Parks and Recreation Committee VOTER ID NO. VERIFIED BY , Full Name:: Michael Allan Marion APPLICANTS RESIDENCE: BOROUGH x)CITY I ) DATE APPOINTED: TERM EXPIRES ON: Residence Address:: 3703 Woodland Drive APPOINTMENT LETTER: ROSTER: OATH OF OFFICE: Mailing Address (if different from above):: PO Box 9052 FINANCIAL DISCLOSURE: Home Phone Number:: 9074812999 R€3LtbmL+di I /L I I 1 C / Work Number:: 9074874991 lb) E G V E �.i. Cell or Fax Number: : 9075391654 { ^ ^ {n � DEC 6 2011 Occupation:: Purchasing Agent BOROUGH CLERK'S OFFICE I Email Address (This address will be used for correspondence):: memarion(agci.n t Length of residency in Kodiak:: 13 years with a 4 year vacancy for military service from 2000 -2004 Are you a registered voter ?:: Yes High School:: Emmett High School; Emmett, Idaho College:: University of Idaho and Excelsior College Trade or Business School:: USCG Electronics Technician & various military service schools Hobbies:: Fishing, hunting, shooting, hiking, photography, golf, boating Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: Yes If yes, which:: Military boards and committees, Chairman Mission Road Voting Precinct 1 Please list organization memberships and positions held:: -KFL, JV Defensive Coordinator (3 years) -KFL, Varsity Assistant DC (2 years) - Kodiak ELKS Club, Tiler (2 years) -KISA, Board Member (1 year) -Chief Warrant Officer's Association, member (3 years) Please list areas of special interest:: Youth Football, hiking trails, camping facility availability, shooting sports, fishing (stream and ocean) Please enter basic resume information below:: - Retired USCG Chief Warrant Officer, 28 years of service - Bachelors of Science in Technology - Trained Total Quality Facilitator and Coordinator - Chairman of Mission Road voting precinct - Purchasing Agent for Kodiak Support Services For three years I worked full time while also dedicating 6 - 7 days a week as a High School football coach from July through October. During the off - season, I volunteered two evenings a week normally. I'm stepping down from this full time volunteer position into a 2 -4 hour /wk position during the football season. This gives me more free time to participate in other activities. I just learned of the positions opening on the Parks and Recreation Committee and felt this was a good opportunity to continue helping the Kodiak youth in a different capacity. I'm submitting this application as soon as possible after learning of the openings and verifying the duties of the committee. Additional Information: Form submitted on: 11/18/2010 9:36:24 PM Submitted from IP Address: 65.74.81.54 Referrer Page: No referrer - Direct link Form Address: http: / /www.kodiakak.us /forms.aspx ?FID =72 2 Jessica Kilborn I EC O ----- I n From: support @civicplus.com Sent: Friday, February 06, 2009 5:08 PM P,OV 7 20n 7 To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form ^ BOROUGH CLERK'S + CE The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Board of Equalization Name:: John A Parker Home Address:: 3640 Sunset Drive Home Phone Number:: 486 3084 Mailing Address:: PO box 191 Business Phone Number:: 486 30841 F EB 9 200 9 .I Occupation:: Retired school teacher r Email Address:: toyboxj2gci.net Length of Residency in Kodiak:: 35 years VOTER ID NO. VERIFIED 13f • APPLICANTS RESID CE, j. OH ( VcnY I • Are you a registered voter:: Yes DATE APPaNTEO:t9 TERM EXPIRES ON: (ad Y Acp It APPOINTNENT LETTER. d p/ High School:: Don Bosco Technical ROSTER: ,,9flr , OATH OF 2f E. 0/ FINANCML OMCLOSU I College:: Stout State University Trade or Business School:: Ecole de Culinare Lyon France Hobbies:: Chef Firearms Ham Radio Motorcycling Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: Yes If yes, which:: Service District One Please list organization memberships and positions held:: Kodiak Island Sportsman Association member Kodiak Area Emergency Radio Services member Benevolent and Protective Order of Elks Past Exhaulted Ruler Please List Areas of Special Interest: Generally speaking is spend the majority of my time with volunteer projects or groups in the Kodiak area. You could find me as a range officer 1 at one of the KISA ranges, operating ham radios during community events or baking bread at the Kodiak Elks Lodge. On average I would estimate I spent 20 hours a week at these type activities. Please Enter Basic Resume Information Below: I spent 24 years teaching various HS courses at Kodiak High School from 1971 through 1994. My trade backgrounds are building construction, automotive and heavy equipment, and commercial foods. I also have been an adjunct instructor at Kodiak Community College at various times. For a number of years (ten years more or less) I operated my own accounting and tax preparation service. Over my 35 plus years in Kodiak I have owned residential, commercial, and multi family housing. I feel I have a fair knowledge of both real- estate values and construction cost of Kodiak. During my employment with Kodiak Community College I spent a year and a half traveling to various communities around the island as an itinerant computer tech instructor. I previously serve on the Borough Assembly during the 1990 era. Additional Information: Form submitted on: 2/6/2009 5:07:25 PM Submitted from IP Address: 65.74.87.251 Form Address: http:// www .kodiakak.us /forms.aspx ?FID =72 • • 2 Kodiak Island Borough Assembly Regular Meeting Guidelines December 15, 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 member 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 of November 3, 2011. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. Please announce: Due to the delay of the radio broadcast and web streaming, please place your calls at this time to speak under Citizens Comments. You will be placed in a queue, and your call will be answered at the appropriate time. Local: 486 -3231. 5. APPROVAL OF MINUTES A. * Regular Meeting of November 3, 2011. 6. AWARDS AND PRESENTATIONS — None. Kodiak Island Borough Assembly Guidelines December 15, 2011 Page 1 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone 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 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2012 -13 Rezoning Certain Lots Along Spruce Cape Road From R1- Single Family Residential To R2 -Two Family Residential (P &Z Case 12 -002). Recommended motion: Move to adopt Ordinance No. FY2012 -13. Clerk's Note: 42 public hearing notices were mailed on Monday, December 5, 2011. Attached on Fro paper are the public hearing responses received. 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. Ordinance No. FY2012 -01A Amending Ordinance No. 2012 -01 Fiscal Year 2012 Budget By Amending Budgets to Account for Various Revenues that Are Over Budget, Provide for Additional Expenditures, Budget New Projects, Accept Grants, and Move Funds Between Projects. Recommended motion: Move to adopt by substitution Ordinance No. FY2012- 01 A. 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. Kodiak Island Borough Assembly Guidelines December 15, 2011 Page 2 Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2012 -15 Professional Services Agreement for Fisheries Analyst Consulting and Related Services. Recommended motion: Move to authorize the Manager to execute Contract No. FY2012 -15 with Alaska Resource Consultancy, LLC of Kodiak, Alaska for fisheries analyst consultant services in an amount not to exceed $40,000. Staff report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2012 -16 Kodiak High School Addition /Renovation Mill Bay Parking Lot Project. Recommended motion: Move to authorize the Manager to execute Contract No. FY2012 -16 with Red Hook Construction, LLC for the Kodiak High School Addition /Renovation Mill Bay Parking Lot Project in an amount not to exceed $887,500. Staff report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution No. FY2012 -13 Urging the North Pacific Fishery Management Council to Provide for Videoconferencing and Other Means of Remote Communication for Its Meetings. Recommended motion: Move to adopt Resolution No. FY2012 -13. Staff report — Manager Gifford. Kodiak Island Borough Assembly Guidelines December 15, 2011 Page 3 Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2012 -14 Certifying the FY2012 Shared Fisheries Business Tax Program Application to be True and Correct. Recommended motion: Move to adopt Resolution No. FY2012 -14. Clerk's Note: Attached on izireed paper is the backup for Resolution No. FY2012 -14. Staff report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2012 -14 Rezoning a Parcel of Land at the Intersection of Rezanof Drive and Otmeloi Way From RR1 -Rural Residential One Zoning District To B- Business Zoning District (P &Z Case 12 -014). Recommended motion: Move to adopt Ordinance No. FY2012 -14 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 offered at this time. ROLL CALL VOTE ON MOTION. Please announce: Due to the delay of the radio broadcast and web streaming, please place your calls at this time to speak under Citizens Comments. You will be placed in a queue, and your call will be answered at the appropriate time. Local: 486 -3231. D. Other Items 1. Confirmation of Mayoral /Assembly Appointments to Various Boards, Commissions, and Committees. Recommended motion: Move to confirm the Mayoral and Assembly appointments to the various boards, committees, and commissions as follows: Kodiak Island Borough Assembly Guidelines December 15, 2011 Page 4 MAYORAL APPOINTMENTS Architectural /Engineering Review Board Scott Bonney, Michael Brechan, and Sonny Vinberg to seats expiring 2014 Parks and Recreation Committee Rick Lindholm and Mike Marion to seats expiring 2014 Planning and Zoning Commission Sonny Vinberg and Alan Schmitt to seats expiring 2014 ASSEMBLY APPOINTMENT Citizens Board of Equalization John Parker to a seat expiring 2014 Staff report — Deputy Clerk McFarland Assembly discussion. 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 Monday, December 26 in observation of the Christmas holiday and Monday, January 2 in observation of the New Year's holiday. The next Assembly work session will be held on Thursday, December 29, 2011, at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, January 5, 2012, 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 December 15, 2011 Page 5 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular ✓Special Date: /a- /.a , . 1 -c // Convened: 7 :3o Recessed: Reconvened: Adjourned: 414.417 BY: BY: fie- BY: kit 7 a�� f/,[�,, v BY: �G�T,de�t�»c,wL BY: SECOND: Z SECOND: SECOND: a i';f G m c SECOND: p y SECOND: ke "'" ( 4O// Ci 1 I 43-€. /vCi ardi`n R n P- 0 J'L[i�hq [. 2. L�?7 ""a� /1/69 , d.-0/02- / NO . / — 0/4 C&-�l s er t z� &- �e7� n 4 o/� o //� +YES 'NO YES: NO YES NO YES, 'NO YES.' NO' Ms. Austerman IV Ms. Austerman Ms. Austerman i v Ms. Austerman / Ms. Austerman i Mr. Bonney ✓ Mr. Bonney Mr. Bonney Mr. Bonney ./ Mr. Bonney ,/ Mr. Friend ✓ Mr. Friend Mr. Friend L Mr. Friend / Mr. Friend Mr. Kaplan Mr. Kaplan Mr. Kaplan 97 Mr. Kaplan /° / Mr. Kaplan Ms. Lynch ✓ Ms. Lynch Ms. Lynch 7/ Ms. Lynch / Ms. Lynch Mr. Stephens I' Mr. Stephens Mr. Stephens V Mr. Stephens / Mr. Stephens Ms. Stutes ✓ Ms. Stutes Ms. Stutes IV Ms. Stutes .- Ms. Stutes e / "_ CHANGE OF VOTE? RANGE OF VOTE. CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j :` ,1,•°``. TOTAL: ., r 5 TOTAL: TOTAL: 17 0 TOTAL: _5— j TOTAL: A ✓ r5 The mayor may not vote except in the case whe e 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 d ttZ (1244-41-it t et KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular Special Date: /. / -"u' (( Convened: Y&Ll Recessed: Reconvened: Adjourned: BY: ! 1� BY: �AUl BY: k,,�,0� T/LC.CC. BY: .�.� BY: + c..t -/v SECOND: SECOND: s44 SECOND ( z4 & SECOND:aeze G4'fl -7c- SECOND:/ y / aitit 1 34, e-n &.ice &,ti tc -/ Ji O 0 B�'D/ Vim' r y °to /a- —/6 �� e, / I . ¢� 6 9.. ‹ ,e, it, *dm, r 7Y .,r y, 0-re _. ... _., YES ' „NO. . - - YES . NO ... _:.:. a' -° YES :.� YES N .: YES NO. Ms. Austerman Ms. Austerman ----- Ms. Austerman ✓ Ms. Austerman / Ms. Austerma5 Mr. Bonney Mr. Bonney / Mr. Bonney v Mr. Bonney / Mr. Bonney Mr. Friend Mr. Friend Mr. Friend ✓ Mr. Friend / Mr. Friend Mr. Kaplan Mr. Kaplan / Mr. Kaplan ✓ Mr. Kaplan / Mr. Kaplan / Ms. Lynch Ms. Lynch 7, Ms. Lynch ✓ Ms. Lynch 4/ Ms. Lynch f Mr. Stephens Mr. Stephens . Mr. Stephen V Mr. Stephens / Mr. Stephens / Ms. Stutes Ms. Stutes /, Ms. Stutes V Ms. Stutes / Ms. Stutes / - CHANGE OF •TE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j,_' -_; TOTAL: TOTAL: `f, TOTAL: f ( TOTAL: 1 0 TOTAL: D 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 (3- KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular );/ Date: lam- /-#5- -a2-4 //' Convened: jra_ep �� Recc � e - ssed: Reconvened: Adjourned: BY: / BY: S�CL<.CC,O• BY: Z�a � BY: , Gt` BY: SECOND: a SECOND: `- 2i.CL SECOND: Wyk-7k_, SECOND: / / j SECOND: �7 m , YES _ NO . YES NO YES. NO YES NO ; : ° YES `NO Ms. Austerman 1/ Ms. Austerman Ms. Austerman / Ms. Austerman _- Ms. Austerman Mr. Bonney ✓ Mr. Bonney <- / Mr. Bonney / Mr. Bonney Mr. Bonney Mr. Friend 17 Mr. Friend A ✓ Mr. Friend l Mr. Friend / Mr. Friend Mr. Kaplan t/ Mr. Kaplan ✓ Mr. Kaplan 4 , Mr. Kaplan Mr. Kaplan Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch / Ms. Lynch $ ,/ Ms. Lynch Mr. Stephens t / Mr. Stephens ,/ Mr. Stephens / Mr. Stepher(s Mr. Stephens Ms. Stutes ✓ Ms. Stutes / Ms. Stutes / Ms. Stutes f Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?t _ _. ;_ TOTAL: '1 0 TOTAL: r7 © TOTAL: 7 D TOTAL: (7 TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING � Regular Meeting of: oMta i5,cAoll Please PRINT your name Please PRINT your pc 1 Z. 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