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2012-03-15 Regular Meeting
Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 15, 2012, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT 5. APPROVAL OF MINUTES - None. 6. AWARDS AND PRESENTATIONS A. Employee of the Year Award 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 -18 Rezoning D -2 of Tract A, Bells Flats, Alaska Subdivision From I- Industrial To LI -Light Industrial (P &Z Case 12 -027). 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Approval of Change of Contractor for Solid Waste Collection Contract Due to Buyout of Alaska Pacific Environmental Services of Anchorage, LLC dba Alaska Waste. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2012 -25 Disposal of Borough Owned Land to the City of Ouzinkie for Less Than Fair Market Value (P &Z Case 12 -013). C. Ordinances for Introduction - None. D. Other Items — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 1 of 2 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Parks and Recreation Committee Regular Meeting of January 24 and February 14, 2012. 2. Planning and Zoning Commission Regular Meeting of January 18, 2012. 3. Project Advisory Committee Meeting of January 31, 2012. 4. Service Area No. 1 Board Regular Meeting of January 18, 2012. 5. Solid Waste Advisory Board Regular Meeting of January 11, 2012. B. Reports 1. Kodiak Island Borough School District Board Regular Meeting of February 20, 2012 and Special Meeting of February 23, 2012. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 2 of 2 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 15, 2012, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT 5. APPROVAL OF MINUTES - None. ',i':$7 er :...E 6. AWARDS AND PRESENTATIONS IA alt y A. Employee of the Year Awarde�k µ i 7. CITIZENS' COMMENTS (Limited 1k to Minutes 'per Speaker) y . , A. Agenda Items Not Scheduled Heari g and General Comments ai 8. COMMITTEE REPORTS 'tt 9. PUBLIC HEARING A. Ordinance No Y2012- , 18 „ Rezoning D -2 of Tract A, Bells Flats, Alaska Subdivision From I Industrial To LISLight,lndustri &Z Case 12 -027). -1,, Ei ff - — .te a` - '` > 10. BOROUGH MANA GER'S REPORT -.,, Na a \ 4 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED�BUSINESSi, A. Appro ahof,Change ?of Contractor for Solid Waste Collection Contract Due to Buyout of Alaska Pacific E Services of Anchorage, LLC dba Alaska Waste. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2012 -25 Disposal of Borough Owned Land to the City of Ouzinkie for Less Than Fair Market Value (P &Z Case 12 -013). C. Ordinances for Introduction - None. D. Other Items — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Local 486 -3231. Page 1 of 2 <a" KODIAK ISLAND BOROUGH " � �3 = AGENDA STATEMENT REGULAR MEETING OF: MARCH 15, 2012 ITEM NO.: 9.A TITLE: Ordinance No. FY2012 -18 Rezoning Tract 2 of Tract A, Bells Flats, Alaska Subdivision From I- Industrial To LI -Light Industrial (P&Z Case 12 -027). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2012 -18; P &Z Case Packet 12 -027 APPROVAL FOR AGENDA: t erdittAik- SUMMARY STATEMENT: A petition for the rezone of Tract 2 of Tract A, Bells Flats, Alaska Subdivision in Womens Bay came as a request before the commission. The commission voted unanimously to approve this rezoning request because it was consistent with the Womens Bay Comprehensive Plan which discourages I- Industrial zoning in the community and it met the needs of the owner to build closer to the property line. Clerk's Note: Five public hearing notices were mailed on Monday, March 5, 2012. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -18. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: CDD Director Drafted by: CDD Director 3 Introduced: 03/01/2012 4 Public Hearing: 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2012 -18 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING D -2 OF TRACT A, BELLS FLATS, ALASKA SUBDIVISION 12 FROM I- INDUSTRIAL TO LI- LIGHT INDUSTRIAL (P &Z CASE 12 -027) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone a tract of 15 land 1.53 acres in size and located in the Bells Flats Subdivision in Womens Bay from I- 16 Industrial Zoning District to LI -Light Industrial Zoning District; and 17 18 WHEREAS, the Commission held a publicly advertised meeting consistent with KIB 19 17.205.040; and 20 21 WHEREAS, the Commission voted to recommend to the Borough Assembly that this large 22 lot be rezoned finding that the public necessity, convenience and general welfare and good 23 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 of a general and permanent nature and shall not become a 32 part of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: D -2 of Tract A, Bells Flats, Alaska Subdivision is rezoned from I- Industrial to 35 LI- Light Industrial. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 38 are hereby confirmed as follows: 39 40 17.72.020 A. Findings as the Need and Justification for a Change or 41 Amendment. 42 43 The rezone of D -2 of Tract A, Bells Flats Alaska Subdivision is necessary to 44 implement the recommended goals and objectives of the 2006 Womens Bay 45 Comprehensive Plan. The rezone promotes the rural residential character of Kodiak Island Borough Ordinance No. FY2012 -18 Page 1 of 2 46 the community and encourages the discontinuation and phasing out of 47 heavy industrial uses in the area. The rezone would provide benefit to the 48 land owner and preserve the current and planned use of the site for light 49 industrial purposes while providing assurance to the community that the site 50 will not be redeveloped for heavy industrial use in the future. 51 52 17.72.020 B. Findings as to the Effect a Change or Amendment would 53 have on the Objectives of the Comprehensive Plan. 54 55 The rezone of D -2 of Tract A, Bells Flats Alaska Subdivision from I- Industrial 56 to LI -Light Industrial will provide an incremental movement towards 57 conformity with the 2006 Womens Bay Comprehensive Plan. The rezone 58 advances the objectives of the comprehensive plan as it relates to the 59 Womens Bay community. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2012 63 64 KODIAK ISLAND BOROUGH 65 66 67 68 Jerome M. Selby, Borough Mayor 69 70 ATTEST: 71 72 73 74 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -18 Page 2 of 2 Kodiak Island Borough 1; * 2 v Office of the Borough Clerk ' 710 Mill Bay Road • 4 i r r' Kodiak, Alaska 99615 '.. Phone (907) 486 -9310 Fax (907) 486 -9391 nj avier @kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, March 15, 2012, 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 -18 Rezoning D -2 of Tract A, Bells Flats, Alaska Subdivision From (- Industrial To LI- Light Industrial (P &Z Case 12 -027). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486 -9391, email to niavier(a kodiakak.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 March 15, 2012. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Map • Public hearing form • Ordinance No. FY2012 -18 ®rdinance No - FY20ilr2 P18 Rezoning r ©2 Trrac -'A ` Bells s Alaska Subdivision From I Industrial o Light Industrial Cas °e 172 27) NA', tZ :' 4 a :1444,11i � ' , drc ��w° '. go * • ■ 4 i 3/4 4 3 4 • It* .... „ _ i ire . . . . I A Of lit ® 11111 ► a l l 8 ! ..� . A Kodiak Island Borough GIS L N .:�w8 ` . r�f'l I I Subject Parcel R + E n ,. Feet '� !! 395 790 sao ® Notification Area t . . 1 t t t 1 S This map was prepared from the Kodiak Island Borougl's GIS System. It Is Wadded for the purpose U snowing the general =anon of a property wrtrlln IDe Kodiak Island Borough. TMs map does no represent a savey. More InMmaion a]ounty mapping data can to Moraine° Oy contacting the Kodiak Island Bomugi IT Oepartmert at (907)486 9333 PUBLIC HEARING FORM Ordinance No. FY2012 -18 Rezoning D -2 of Tract A, Bells Flats, Alaska Subdivision From (- Industrial to LI- Light Industrial (P &Z Case 12 -027). ❑ 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 njavier faxed to 907- 486 -9391, mailed 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, March 15, 2012. Introduced by: Borough Manager 2 Requested by: CDD Director 3 Drafted by: CDD Director Introduced: 02/02/2012 4 Public Hearing: 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2012 -18 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 1 I REZONING D -2 OF TRACT A, BELLS FLATS, ALASKA SUBDIVISION 12 FROM I- INDUSTRIAL TO LI- LIGHT INDUSTRIAL (P8Z CASE 12 -027) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone a tract of 15 land 1.53 acres in size and located in the Bells Flats Subdivision in Womens Bay from I- 16 Industrial Zoning District to LI -Light Industrial Zoning District; and 17 18 WHEREAS, the Commission held a publicly advertised meeting consistent with KIB 19 17.205.040; and 20 21 WHEREAS, the Commission voted to recommend to the Borough Assembly that this large 22 lot be rezoned finding that the public necessity, convenience and general welfare and good 23 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 of a general and permanent nature and shall not become a 32 part of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: D -2 of Tract A, Bells Flats, Alaska Subdivision is rezoned from I- Industrial to 35 LI- Light Industrial. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 38 are hereby confirmed as follows: 39 40 17.72.020 A. Findings as the Need and Justification for a Change or 41 Amendment. 42 43 The rezone of D -2 of Tract A, Bells Flats Alaska Subdivision is necessary to 44 implement the recommended goals and objectives of the 2006 Womens Bay 45 Comprehensive Plan. The rezone promotes the rural residential character of Kodiak Island Borough Ordinance No. FY2012 - 18 Page 1 of 2 46 the community and encourages the discontinuation and phasing out of 47 heavy industrial uses in the area. The rezone would provide benefit to the 48 land owner and preserve the current and planned use of the site for light 49 industrial purposes while providing assurance to the community that the site 50 will not be redeveloped for heavy industrial use in the future. 51 52 17.72.020 B. Findings as to the Effect a Change or Amendment would 53 have on the Objectives of the Comprehensive Plan. 54 55 The rezone of D -2 of Tract A, Bells Flats Alaska Subdivision from I- Industrial 56 to LI -Light Industrial will provide an incremental movement towards 57 conformity with the 2006 Womens Bay Comprehensive Plan. The rezone 58 advances the objectives of the comprehensive plan as it relates to the 59 Womens Bay community. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2012 63 64 KODIAK ISLAND BOROUGH 65 66 67 68 Jerome M. Selby, Borough Mayor 69 70 ATTEST: 71 72 73 74 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -18 Page 2 of 2 A * ; ,:` Kodiak Island Borough * R / Community Development Department 3; Y, _ �� . 710 Mill Bay Road `? ea Kodiak, Alaska 99615 - Phone (907) 486 -9363 Fax (907) 486 -9396 Ir , www.kodiakak.us January 19, 2012 Mr. Jeff Steele PO Box 3369 Homer, AK 99603 Re: Case 12 -027. Request a rezone, according to KIBC 17.205, to consider a change of zoning from I- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. Dear Mr. Steele: The Kodiak Island Borough Planning & Zoning Commission at their meeting on January 19, 2012 moved to forward the request cited above, recommending approval, to the Borough Assembly, 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: Page 1 of 2 FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision from I- Industrial to LI- Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. 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, Qc5Ort Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning Commission C) Case 12 -027. Request a rezone, according to KIBC 17.205, to consider a change of zoning from I- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. The applicant is Jeff Steele and the agent is Ken Knowles. The location is 220 Sargent Creek Road and the zoning is !- Industrial. Cassidy reported the original application was for a variance but it was withdrawn from December's meeting. The applicant is requesting to rezone to Light Industrial which aids his effort to build these mini warehouses. Staff recommends approval because it meets the objectives of the Womens Bay Comprehensive Plan that talks about phasing out some of the heavy industrial kinds of uses. Staff recommends the commission approve this rezone with a recommendation to the Assembly to rezone. COMMISSIONER SCHMITT MOVED recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205, of Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from I- Industrial to LI -Light Industrial, and to adopt the findings contained in the staff report dated December 22, 2011 as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony. Brief discussion FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Ame The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan, The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision from I- Industrial to LI- Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. ROLL CALL VOTE CARRIED UNANIMOUSLY l VOTE OLD BUSINESS There was no new business NEW BUSINESS A) Elections - Chair & Vice Chair Cassidy stated the commissioner holds elections every year for chair and vice chair. CHAIR TORRES opened nominations for chair 1/18/2011 P&Z Minutes Page 4 of 6 NOVEMBER 30, 2011 0 GCCUMIETh PLANNING AND ZONING _ DEC - 1 2011 J KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR RE -ZONE TRACT D -2 OF TRACT A, BELLS FLAT PLAT 88-20 PROPERTY ID # R- 90020040000 WE ARE REQUESTING A RE -ZONE OF THE ABOVE REFERENCED PROPERTY FROM I -- INDUSTRIAL, CHAPTER 17.105, TO LI -- LIGHT INDUSTRIAL, CHAPTER 17.120. THE PREVIOUS REQUEST FOR A VARIANCE FROM THE SETBACK REQUIREMENTS OF A STRUCTURE TO BE BUILT ON THE REFERENCED PROPERTY IS WITHDRAWN. FURTHER INVESTIGATION OF THE "LI" CLASSIFICATION INDICATES THAT IT MORE CLOSELY MATCHES THE CURRENT AND FUTURE USES OF THE SUBJECT PROPERTY, AND ALLOWS FOR MORE LATITUDE IN PLACEMENT OF STRUCTURES. FINDINGS OF FACT IN THE STAFF REPORT FROM THE PREVIOUS REQUEST FOR A VARIANCE, CASE #12-017, STATED ON PAGE 7 OF 8 " THE LI -LIGHT INDUSTRIAL ZONING DISTRICT APPEARS TO ALLOW ALL OF THE USES CURRENTLY EXISTING ON THE SITE AND THIS ZONE HAS NO YARD SETBACK REQUIREMENTS. GIVEN THE DISCOURAGING NATURE OF THE 2006 WOMEN'S BAY COMPREHENSIVE PLAN UPDATE TOWARDS INDUSTRIAL USES, THIS TYPE OF REZONE WOULD ELIMINATE POTENTIAL HEAVY INDUSTRIAL USE IN FAVOR OF RELAXED SETBACKS MIGHT BE THE BEST COURSE OF ACTION FOR THE PETITIONER AND THE COMMUNITY" WE THEREFORE REQUEST THIS REZONE TO LI -LIGHT INDUSTRIAL BE GRANTED. KEN KNOWLES, AGENT FOR: JEFF STEELE, OWNER D) Case 12-025. Request a Review of proposed Assembly ordinance that seeks to exempt hoop house installation from the requirements of the Borough zoning code by relaxing various zoning regulations affecting setbacks, lot coverage, building height and the installation of hoop houses on a lot without a main structure. The applicant is the Kodiak Island Borough Assembly. The location is various residential zoning districts throughout the island and the zoning varies. Cassidy reported presently staff looks at hoop houses as an accessory building that have regulations associated with its height, setback, and location. Staff has been working with gardeners in crafting a new ordinance. This ordinance promotes hoop houses by relaxing the typical building and zoning regulations. The borough attorney has helped draft it. COMMISSIONER VAHL MOVED to forward Ordinance FY2010, an ordinance relaxing portion of Title 15 (Building Code) and Title 17 (Zoning Code) to the Borough Assembly recommending that this ordinance be adopted and incorporated into the Borough code. The public hearing was opened & closed. Public testimony was given by: Marie Rice spoke in support of the request stating she has been hoop housing long for years. Rice also thanked the commission. Marion Owen spoke in support of the request thanking the commission and stating it takes a lot of courage for a community to embrace something new like hoop houses. During discussion, commissioners expressed concern with drainage issues and the 1 foot setback There was consensus to amend the motion to add to have a review every 2 years of the ordinance and strike the word "plastic" from lines 74 and 94. COMMISSIONER WATKINS MOVED to amend the motion to add "Whereas, there will be a review every two years of this ordinance, and to strike the word "plastic" from lines 74 and 94." ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY E) Case 12 -017. Request a Variance, from KIBC 17.105.040.0 (Rear Yards), in accordance with KIBC 17.195.050 (Variances), to allow the construction of a building encroaching fifteen feet into the required twenty foot rear yard setback. The applicant is Jeff Steele and the agent is Ken Knowles. The location is 220 Sargent Creek Road and the zoning is I- Industrial. Cassidy reported the applicant has withdrawn his request for a variance and he will have a rezone before you at the January regular meeting. OLD BUSINESS There was none. NEW BUSINESS There was none. COMMUNICATIONS A) November Planning & Zoning Case Results Letters B) Letter of Courtesy & Advisory Re: Storage and Processing dunk Vehicles On Property Not Zoned For Use C) Letter of Courtesy & Advisory Re: Vehicle Storage on Property Not Zoned For Such Use D) Letter of Trespass E) Letter of Courtesy & Advisory Re: Gravel Extraction F) Notice of Trespass Cassidy gave a brief report on the communications. 12/21/2011 P &Z Minutes Page5 of 6 Public Hearing Item 7 -C Current Location Request: An investigation, according to KIBC 17.205.030.0 to P & Z Case # 12 -027 rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from Owner: Jeff Steele I- Industrial to LI -Light Industrial. Agent: Ken Knowles 3 I t 4, i h , - , *, y 11111 . •pJ s li v M ., 4, 94 • • r A 4 A, . - 40 )k .4. III > ' 1 1 + ID �,..- _ F - .... 40 ..e. Si: - -fl ... 4, fae .. - ° A .1 \1 . .4. NI. Kodiak Island Borough GIS Isj i t r 1 1 Legend This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of shoving the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 1 of 6 Public Hearing Item 7 -C L- J _ h!s O 0 0 _ _ Ily oft BI0 Introduction - Page 2 of 6 Public Hearing Item 7 -C : rci Kodiak Island Borough Zoning Map Community Development Department Current Zoning Request: An investigation, according to KIBC 17.205.030.0 to P & Z Case # 12 -027 rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from Owner: Jeff Steele I- Industrial to LI -Light Industrial. Agent: Ken Knowles 44 4E2 , - 6e No 0 285 570 1,14) $s� r t r 1 r r r I Feet 5 s c„Ua 15-1 o - x V E c, 0 y 4' A O 4 / i 414* 4IIIIIIIIIIIIIhh '%z- .. 1 ,_ / "A / . .. - W1i1l ` 4 1 y ? 4. s #. / N ?+ a `_ 0 � YW bb i `t,' ik loi ff a- Aditth . i Zoning Legend 1 Public Use Lands I I Rural Residential 1 1 1 Multi Family Residential Light Industrial [' /1/21 Watershed Ir Rural Residential 2 Er Business Rural Neighborhood Commercial Conservation I 1 Single Family Residential Fi Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential - 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) 486 -9333. Introduction - Page 3 of 6 Public Hearing Item 7 -C Th • Page NI MI Bl Introduction - Page 4 of 6 Public Hearing Item 7 -C ft; Kodiak Island Borough Land Use Map Community Development Department Current Use Request: An investigation, according to I<IBC 17.205.030.0 to P & Z Case # 12-027 rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from Petitioner: Jeff Steele I- Industrial to LI -Light Industrial. Agent: Ken Knowles v ` 0 245 490 980 MHR SFR o , , , I 1 r , SFR SFR 1ST Feet Illi SFR o ill 1 4 I . VAC IND IND MHR 4 III R SFR VAC VAC = Vacant GRS = Gear Shed IND = Industrial MHR = Mobile Home Residence SFR = Single- family Residential 1ST = Institutional This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Introduction - Page 5 of 6 Public Hearing Item 7 -C 7h:s Dico ❑ _n a =ona_ Loft EI0n Introduction - Page 6 of 6 Public Hearing Item 7 -C KODIAK ISLAND BOKJUGH - COMMUNITY DEVELOI -14 ENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 -FAX (907) 486.9396 www.kib.co.kodiak.ak.us 22 n O.aMCfP17ti Applicant Information Property Information 1 IF CF $Thz -,Zc 221r¢3 Property ID Number /s Property owner's name . PO X 3&1:1 (r, b -2 z A P gas ?- P,s — Z Legal Description Property owner's mailing address ( � I90/41 • Ate - W-4;723 Current Zoning: S — ,n.Lnrrn.Q, City State Zip Applicable Comprehensive Plan: Zoero 01- 14bnay & pG„ Y ear of Plan adoption: 22,06 , • Cr07 ¢R tion: 2 2248 p Home phone Work Phone E -mail Addr. Present Use of Property: (,,.) 0 - Art - Levs.� r, • 9 C' ' la K,v'dlJLZ 1 " d` • Agents na (If applicable) . • AC ig Agent's mailing address a Proposed Use P of Property: aen / st1 „-e 4o LS— City State Zip Thin U ��'r° t- 1 d 7 1,224' 142•Zi9d • . Home phone Work Phone E-pp�1ail 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 i 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 70/7 . /1/1/4/ ' '' '�(%.✓ Al /Z / / Property Owners Signature Date Authorized Agent's Signature Date ' A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, Including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress: circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices: surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY / PAYMENT VERIFICATION Code Section(s) Involved: ( , 120 L_L -1.OA* 2,4.4x4, . g • Variance (KIBC 17.66.020) $250.00 ; ,. t : Conditional Use Permit (KIBC 17.67.020.8) $250.00 (I):::‘ 4 iI; .. <:arqh: - u:.r.. . Other (appearance reque , site plan review, etc.) $150.00 7 r.; Zoning change .L. 1-' t c(ll( �G g g (K IBC 17.72.030 and 030.C)' i : e iddidkitlaild 8661/0 Application received by: ,/ i Ftnancei�enarhnent Staff signature V . • • Application - Page 1 of 4 Public Hearing Item 7 -C NOVEMBER 30, 2011 5EcEnuEn DEC 12 PLANNING AND ZONING KODIAK ISLAND BOROUGH COMMUNIIY DEVELOPMENT DEPARTMENT REQUEST FOR RE -ZONE TRACT D -2 OF TRACT A, BELLS FLAT PLAT 88-20 PROPERTY ID # R- 90020040000 WE ARE REQUESTING A RE -ZONE OF THE ABOVE REFERENCED PROPERTY FROM I -- INDUSTRIAL, CHAPTER 17.108, TO LI - LIGHT INDUSTRIAL, CHAPTER 17.120. THE PREVIOUS REQUEST FOR A VARIANCE FROM THE SETBACK REQUIREMENTS OF A STRUCTURE TO BE BUILT ON THE REFERENCED PROPERTY IS WITHDRAWN. FURTHER INVESTIGATION OF THE "LI" CLASSIFICATION INDICATES THAT IT MORE CLOSELY MATCHES THE CURRENT AND FUTURE USES OF THE SUBJECT PROPERTY, AND ALLOWS FOR MORE LATITUDE IN PLACEMENT OF STRUCTURES. FINDINGS OF FACT IN THE STAFF REPORT FROM THE PREVIOUS REQUEST FOR A VARIANCE, CASE #12-017, STATED ON PAGE 7 OF 8 " THE LI -LIGHT INDUSTRIAL ZONING DISTRICT APPEARS TO ALLOW ALL OF THE USES CURRENTLY EXISTING ON THE SITE AND THIS ZONE HAS NO YARD SETBACK REQUIREMENTS. GIVEN THE DISCOURAGING NATURE OF THE 2006 WOMEN'S BAY COMPREHENSIVE PLAN UPDATE TOWARDS INDUSTRIAL USES, THIS TYPE OF REZONE WOULD ELIMINATE POTENTIAL HEAVY INDUSTRIAL USE IN FAVOR OF RELAXED SETBACKS MIGHT BE THE BEST COURSE OF ACTION FOR THE PETITIONER AND THE COMMUNITY" WE THEREFORE REQUEST THIS REZONE TO LI -LIGHT INDUSTRIAL BE GRANTED. KEN KNOWLES, AGENT FOR: JEFF STEELE, OWNER Application - Page 2 of 4 f sxekY (/ - e* ,r-'-‘''''... i e VINCINITY MAP SARGENT CREEK ROAD EP' GT v VE (6 0' WIDE) �' r a PLAT NUNBEN 1oo9'Y 020,L P` PAKMfNI 4 DAM FILED BY K� G NiTRIR �'' J I I REDL6TED EY KDOIK bL D5 !4 ''. _�� 22 . 0 H 5 E , Dz> 1 • %DOING L / .L LA wells ' GpAVEL DANE - Co II ,1 II Qy tiuou ACCESS u10 UTILITY EASEMENT j ----- / _� _ _. � : _ U'8m ' � OWNERSHIP AFFIDAVIT! P T]91 IB N•' ?11-1 I ILE&®q W M M[ TIE M56 YE WW2 M911O Ol NK cc.. OR� 0]8']2 ]1• u• ` n m . w�urmns bKU Wrs, Auq e Y 9, - - _ €� $. x Rd EW EO Ed v o �� ,.. ^ g orvcRL]E LMGiNG DDCR '. ::: pll ➢ i \ 6 I s U�P o ain�luTal,neillrmu� $ s z \J,s Tyr oO¢RYO B7_• //d E' R L Pe 11 a I ;o � 1 _ g 0iI \4 TAX CERiIFlCATE� a �A IID ROMpua m Y[ ass 6N gala sum YmaN a Op� � I *Ma into d Sasso WPAC U IY D EE dM room* * so O }. £� I $ L —f \ o 3 9D K R� on �, m D oh .._ E Y o '. _. -_ . TRACT D -2 N. .t. ` \� \\ 1 MA WO u _ a 1 ` 1 3 ACRES m ;01- Tom"• -- '4 i 'E�cn APPROVAL 1 ? NqE sap 1111 me LYG [WRM J �$ ®a 4 -2/P JYx154 sane i- , 7 - ���� \�`_. - m.. an ,c f IW E .x mcha9 - ,mom <R��� `'\ M 1A'1]2E W M E O d1Y ix will i • • 11 YEVYCdN p'E i �\��� V[[C3iM Er J5355 dYa tm MrM �TCD to '• AS GUAR MEp MMRL 10: . %. MIA -c UN1iED STATES CO T — 1 ✓ 0' ao- 60' 9D' - _ . , - i. M 1DW n d REFERENCES: 5 LW I>�I yt 1 PLAT 88 -20 RECORDED IN THE COCIA( RECORDING DISTRICT JUNE I, 1988, CT IOOE our MAC IXCi o-taA1 A®IS sum Ixml m PM R IpZ ]5% N t SUBJECT TO ALL CONDITIONS, SERVITUDE'S, EASEMENTS, COVENANTS, RESERVATION, RESTRICTIONS AND RIGHTS OF WAY OF RECORD. rawer v o nii'm T 74 Public Hearing Item 7 -C ED S D D in El nnOnc oft B I 0 nk Application - Page 4 of 4 Public Hearing Item 7 -C Current Location Request a rezone, according to KIBC 17.205, 220 Sargent Creek Rd to consider a change of zoning from I- Industrial P & Z Case 12 -027 (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) Jeff Steele for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. I P' • . .-- or "%L.. . l, 1, 4... Di „,_ [ . .„,,,,,, �_ A / FS / If t b ar I \ ,,, ; - Kodiak Island Borough GIS Legend ” r I I Subject Parcel µ7 Feet ) �'� 895 790 1,580 ® Notification Area S This map was prepared from the Kodiak Island Borough's GI5 System. It is provided for the purpose of showing the general location of a property shin the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333 Public Comment - Page 1 of 4 Public Hearing Item 7 -C KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 December 7, 2011 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, January 18, 2012. 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 -027 APPLICANT: Jeff Steele AGENT: Ken Knowles REQUEST: A rezone, according to KIBC 17.205, to consider a change of zoning from I- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. LOCATION: 220 Sargent Creek Road ZONING: I- Industrial 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, January 6, 2012 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(uiikodiakak.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, January 11, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (4121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Public Comment - Page 2 of 4 Public Hearing Item 7 -C UNITED STATES COAST GUARD KODIAK ISLAND BOROUGH BRECHAN ENTERPRISES INC P.O. BOX 5 710 MILL BAY RD P.O. BOX 1275 KODIAK, AK 99619 KODIAK, AK 99615 KODIAK, AK 99615 STEELE PROPERTIES K LIVESTOCK CO -OP JEFF STEELE P.O. BOX 273 PO BOX 3369 KODIAK, AK 99615 HOMER, AK 99603 Public Comment - Page 3 of 4 Public Hearing Item 7 -C L___. __J h h ! s o0 cm _ n t c n it 0 n , _ _, _ _ I o ft 0 BI0 Public Comment - Page 4 of 4 Public Hearing Item 7 -C MEMORANDUM DATE: December 22, 2011 TO: Planning and Zoning Commission FROM: Duane Dvorak, Associate Planner Community Development Department SUBJECT: Information for the January 18, 2012 Regular Meeting CASE: 12 -027 APPLICANT: Jeff Steele AGENT: Ken Knowles REQUEST: An investigation, according to KIBC 17.205.030 (C) to rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from I- Industrial to LI -Light Industrial. LOCATION: Tract D -2 of Tract A, Bells Flats Alaska Subdivision; 220 Sargent Creek Road ZONING: I- Industrial Five (5) public hearing notices were mailed on December 7, 2011. Date of site visit: November 2, 2011 1. Zoning History: The 1982 Womens Bay Community Plan identified this area as Industrial. Tracts D -1 and D -2 of Tract A, Bells Flats Alaska Subdivision were rezoned from Unclassified to (- Industrial by Ordinance 69 -30 -0. Two variances were granted to adjoining Tract D -1 to build a structure on an existing foundation that encroached within the front yard setback along Sargent Creek Road, Cases 88 -046 and 93- 001. 2. Lot Size: 1.53 Acres 3. Existing Land Use: Shop, Warehouse, Outdoor Storage 4. Surrounding Land Use & Zoning: North: Lot 4, Block 2 of Tract A, Bells Flats Alaska Subdivision Use: Vacant Zoning: PL- Public Use Land Zoning District South: Tract D -1 of Tract A, Bells Flats Alaska Subdivision Use: Storage Zoning: I- Industrial Zoning District Staff Report - Page 1 of 6 Public Hearing Item 7 -C East: Lot 7, U.S. Survey 2539 Use: Vacant Zoning: C- Conservation West: Block 3 of Tract A, Bells Flats Alaska Subdivision Use: Industrial Zoning: Industrial Zoning District 5. Comprehensive Plan: The 2007 Womens Bay Comprehensive Plan Update identifies this area as Residential. (Note: staff believes this designation may have been in error, however it is clear from the plan narrative that industrial uses are not encouraged in the body of the plan. For example, the plan map shows the "B" Tracts designated for Recreation /Industrial, an indication of the eventual transition of this site from resource extraction to a reclaimed recreation area. The "Slaughterhouse" site is also designated for Commercial use even though the site is current zoned I- Industrial) 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KODIAK ISLAND BOROUGH TITLE 17 - ZONING 17.05.020 Purpose. It is the purpose of this title to promote public health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. 17.05.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. Staff Report - Page 2 of 6 Public Hearing Item 7 -C 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough;... F. Womens Bay Comprehensive Plan Update. Prepared by the Womens Bay community and the Kodiak Island Borough community development department. (Adopted by Ordinance No. FY2007 -12, dated March 15, 2007);... I- Industrial LI -Light Industrial 17.105.010 Permitted uses. 17.120.020 Permitted principal uses and The following uses of the land are permitted in the structures. The following land uses and activities industrial district: are permitted in the light industrial district: A. All uses permitted in B business district, except A. Automobile service stations; residential; B. Aircraft, automobile and truck assembly or B. Automobile and boat sales, storage, and repair; remodeling; C. Asphalt batch and mixing plant, manufacturing or C. Manufacturing (e.g., boat building, crab pot refining; construction, cabinet making, welding and fabrication, etc.); D. Assembly of music and vending machines; D. Outdoor storage, when screened by a sight - obscuring fence a minimum of six feet in height; E. Auction business; E. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional offices, etc.); F. Beverage manufacturing; F. Warehouses; G. Boat building, repair and storage; G. Wholesaling and distributing operations (excluding bulk fuel operations); H. Cabinet shops; H. A dwelling unit used by the owner or by a caretaker, manager, and family when located on the premises where they are employed in such a capacity; I. Concrete mixing batch plants; I. Utility and service uses (e.g., substations, etc.); and J. Coal storage yards; J. Kodiak Municipal Airport (landing strip and Lilly Lake float plane access), until adequate replacement facilities are established. K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; Staff Report - Page 3 of 6 Public Hearing Item 7 -C U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. I Industrial LI - Light Industrial 17.105.020 Conditional uses. 17.85.020 Conditional uses. The following land The following uses may be permitted by obtaining a uses and activities may be allowed by obtaining a conditional use permit in accordance with the conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: provisions of Chapter 17.200 KIBC: A. Acetylene gas manufacture or storage; A. New airports (when a facility is granted a CUP, all aviation - related uses will be considered permitted uses); B. Ammonia, bleaching powder or chlorine B. Institutional facilities (e.g., hospitals, fire stations, manufacture; group homes, correctional facilities, etc.); and C. Cement, concrete, lime and plaster manufacture; C. Junkyards and salvage yards. D. Chemical bulk storage and sales; E. Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or • storage. STAFF COMMENTS This case is related to recent Variance Case 12 -017 which was withdrawn by the applicant after being postponed at the November 2011 regular commission meeting. The petitioner was requesting a variance to allow a 25 by 125 foot ministorage warehouse to be located 15 feet into the required 20 foot rear yard setback. During the review for that case staff had indicated that an alternative to the variance might be to request a rezone to LI -Light Industrial which seems to allow for the existing and proposed uses on the site. The attractive feature for the land owner is that in exchange for the more limited list of land uses available on this site the site would no longer have the onerous setback requirements of the I- Industrial zone. Although the request may appear on the surface to be a spot zoning of a single lot, staff believes that the Womens Bay Comprehensive Plan supports the reduction of industrial zoned land uses wherever and whenever possible. In this context, the change of zoning for a single lot may be considered appropriate if it is consistent with the goals and objectives of the applicable comprehensive plan and serves the interests of the larger community. Staff believes this request meets the criteria. Staff does believe that it would make more sense to consider both Tracts D -2 and D -1 since they are in common ownership, are similarly situated both being parcels derived Staff Report - Page 4 of 6 Public Hearing Item 7 -C from former Tract D and because both parcels are isolated from all other tracts in the area by road right -of -way. Staff has no desire to delay this request in order for the commission to postpone and expand the rezone area, however the commission could initiate a rezone of Tract D -1 separate from this case if it so chooses to investigate that option. Conformance with the Comprehensive Plan: The 2006 Womens Bay Comprehensive Plan Update promotes the predominantly rural residential character of the community and encourages the discontinuation or phasing out of heavy industrial uses in the long term view of the community. The plan map appears to designate this parcel (D -2) for rural residential, but staff is inclined to believe this is probably a mapping error rather than a correct designation given the location and historical use of the site. Aside from the plan map however, the plan narrative is firmly committed to promoting the rural residential character over heavy industrial uses wherever and whenever possible. A look at the permitted and conditional uses in the LI -Light Industrial zoning district shows this to be a good fit for the existing and proposed use of Tract D -2 which will preserve the current character and levels of property use while eliminating many potential industrial uses from occurring on this site. As the community has experienced in the past I- Industrial zoning can permit many uses that may be objectionable to the community and the community will have very little control over the permitting of many such uses. Zoninq /use: The petitioner is currently using the site for various storage and light fabrication purposes. The LI -Light Industrial zone permits all of the uses currently existing on the site and those proposed for the site, such as mini - storage warehouse. Because this rezone is not a typical request to rezone to a higher zoning classification, not much is expected to change on this site in terms of the characteristics of use. Future development will be in keeping with the existing uses and structures, except that the LI -Light Industrial zone has no setback requirements. As indicated by the prior variance request however, it is unlikely that the land owner will endeavor to build on the property lines because that will require the same high level firewall construction that the petitioner was trying to avoid with the prior variance request. The LI -Light Industrial zone requires screening of outdoor storage items and while this may not apply to pre- existing uses, future use or structure development may be required to address the screening question on a case by case basis. The rezone is not anticipated to result in the creation of any nonconforming uses or structures. Land Suitability: Tract D -2 is developed with a number of light industrial uses and the site has been shown to be entirely suited for this purpose. No significant change to the character of surrounding area is anticipated as a result of the proposed rezone. Staff Report - Page 5 of 6 Public Hearing Item 7 -C Recent Development trends in the area: The area immediately surrounding the rezone site has been consistently used for industrial and public /institutional uses in the past. The biggest development trend in the larger community has been the systematic development of the rural residential community. From the original 3 -5 acres lots of the Bells Flats Alaska Subdivision the systematic subdivision of lots and replacement of rustic structures and buildings left over from military and agricultural days has largely been replaced with newer, code compliant residential development. Traffic impacts: No significant change to the traffic counts or traffic patterns is anticipated as a result of this rezoning. A proposed mini - storage warehouse is typically a low traffic use and the remaining uses of the site will remain as -is for the foreseeable future. RECOMMENDATION Staff believes the criteria for rezoning are met in this case and recommends that the commission forward this case on to the borough assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205, of Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from I- Industrial to LI -Light Industrial, and to adopt the findings contained in the staff report dated December 22, 2011 as "Findings of Fact" for this case. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision from (- Industrial to LI -Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. Staff Report - Page 6 of 6 Excerpt from 2007 Womens Bay Comprehensive Plan SECTION 3: PREFERRED DEVELOPMENT PATTERN As stated in the previous section of this Chapter, the development alternative that best adheres to the guiding principles as stated in the comprehensive plan and in this plan is the compact rural neighborhood based pattern. The following information provides more detail on the characteristics of this preferred development pattern. Spatial Pattern (See Recommended Land Use Map) The preferred development pattern: Expands upon the traditional development pattern Separates rural residential areas from industrial areas with a discernible edge and buffer area Ensure that zoning districts are appropriate for an area that require on -site water and wastewater systems Residential areas contained within the community should continue to grow at very low densities, allowing rural residential and agricultural opportunities in the areas surrounding the existing developed areas. Infrastructure extensions into the rural areas should be limited to those addressing health and safety issues such as replacement of failing on -site wastewater treatment systems and provision of public drinking water. Neighborhood Pattern As the need for additional land becomes evident, new acreage should be added within the existing core areas, taking care to avoid environmentally sensitive areas and to continue to replicate the neighborhood pattern discussed within this section of the plan. Further, this avoids concentrating the land designated for residential development with one or two property owners. Land located within the community that is constrained with significant natural features such as floodplain and wetlands should be placed within a rural conservation designation. These areas should not be further subdivided or developed. Lands located outside of the Womens Bay core planning area should continue to be rural in character. Infrastructure extensions into these areas should be very limited if made at all. The Jack and Lee Lakes Natural Use area should be maintained in its entirety in a natural state and use restricted to activities that do not degrade its natural and wild character. Neighborhoods should remain large in scale, expand upon the traditional development pattern, be physically linked to other neighborhoods and to the two existing cores of the community via pathways, streets, etc., and contain a mix of uses where practical, with a continued emphasis on single family residences. Further, this pattern should include streets that are designed to serve the adjoining residences. Other features found within these neighborhoods should include connections into the trails network and shallow yard setbacks. Lot sizes should be kept to one acre or larger if needed to insure on site septic systems will function properly and not in the long term impair local ground water. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 33 December 2006 Appendix - Page 1 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan Business /Industrial Pattern The preferred development pattern continues to focus new business development in areas that have traditionally served such a purpose, though in an improved physical arrangement and a renewed emphasis on design and development standards. The community's business center will continue to be the area along Chiniak Highway. This area has traditionally focused on automobile oriented business activities such as gas stations, restaurants, convenience stores and limited retail business. This focus should continue, though over time, a mix of uses including office and professional services should be introduced in a well planned manner. Access management and design and development standards should be given a high priority as development and re- development occurs. A renewed interest in building design, building placement, lighting, landscaping, and signage is necessary to promote a more positive and aesthetically pleasing entrance into the Womens Bay community. Other business activities may be accommodated in a second location. This area should offer neighborhood services such as day care that are small in scale and compatible to the surrounding residential uses. Basic employment opportunities in such activities as resource extraction will continue to be accommodated but in new locations outside of the immediate residential area. This recommendation is based on indications of existing conflicts between industrial uses and residential uses in the Core Plan Area. Existing industrial uses in the Core Planning Area should be phased out as opportunities for the relocation of such activities become available. Leases of Borough owned land for private industrial uses including gravel extraction should be granted for minimum duration terms, in the Core Planning Area. If existing industrial activities, including gravel extraction on Borough leased land are continued, lease agreements will contain operation stipulations to minimize impacts on near -by residential areas including limitations on hours and days of operation and permitted activities, No new industrial activities will be permitted in the Core Plan area. Industrial zoning will be permitted in areas of the Regional Planning Area outside of the Core Planning Area if such zoning is approved through the Borough zoning process. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 34 December 2006 Appendix - Page 2 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan Chapter 4. Goals and Objectives Goals are general achievements that the community wishes to accomplish in the future. Goals provide guidance for developing objectives. Objectives are specific and achievable projects in support of a goal. Land Use Goal: Guide the use of land in the Womens Bay planning area in a manner that provides for orderly and compatible community and regional growth. Goal: Maintain the rural residential setting of the Womens Bay Community. Objectives: a) Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). b) Platted roads should be developed to Borough code prior to land sales. c) Support a centralized business and office use areas that follow the existing development pattern. Goal: Minimize conflict between different land uses within the Womens Bay Area. Objectives: a) Create a buffer zone between existing industrial and residential use areas. b) Develop light and noise standards for non - residential uses. c) Provide viable land uses for the Salonie Creek Area, including the feasibility of future recreational or resource extraction uses. Goal: Identify and designate areas for public access in Womens Bay. Objectives: a) Provide an area for public launch sites for skiffs and small pleasure craft. b) Provide public access to the shoreline for recreational purposes including skiffs and small pleasure craft. c) Support the KIB Parks and Recreation Committee's efforts to provide transportation trails for motorized and non - motorized vehicles (i.e. AN trails, foot paths, bike paths, horse trails, etc.) in the planning area. d) Develop transportation trails for non - motorized vehicles (i.e. foot paths, bike paths, horse trails, etc.) Goal: Guide gravel material sources and extraction operations in the Womens Bay planning area that is mutually beneficial to residents and industry. Objectives: a) Conduct an industrial and resource extraction future needs analysis and site capability analysis to determine KIB land use supply and demand. b) Transition the location of industrial and gravel uses out of the immediate Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 36 December 2006 Appendix - Page 3 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan residential area. c) Regulate hours and days of operation and permitted activities to minimize conflicts with adjacent residential areas as provisions in lease agreements. Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area . Objectives: a) Change the area's name to Womens Bay Park or Jack and Lee Lakes Natural Use Park to help identify the area to Borough residents and visitors. b) Develop a park, trails, and recreation plan for the Jack and Lee Lakes Natural Use Area. Public Health /Safety and Environment Goal: Minimize development in environmentally sensitive area. Objectives: a) Maintain a high quality natural environment within the planning area. b) Rezone portions of the B Parcels to public use, natural use, or conservation areas zoning classification or possible residential use. c) Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. d) Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Goal: Ensure adequate public services for the Womens Bay planning area. Objectives: a) Identify and prioritize needed road improvement projects in the WBC. b) Provide better fire service in the planning area. c) Addresses problems associated with private water /sewer systems. d) Provide an upgraded emergency evacuation shelter and support emergency procedures education. e) Support positive bear management practices as described in the Kodiak Archipelago Bear Management Plan. f) Designate a suitable location for a community cemetery. g) Designate a suitable location for a community school. h) Improve waste collection and disposal — Provide a transfer station and recycling center to be located in the core area. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 36 December 2006 Appendix - Page 4 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan Chapter 6. Recommended Land Use Map LAND USE POLICIES This chapter presents policy statements for each land use category. The Recommended Land Use Map, (Map 12), is on page 48. Each land use category has different characteristics and considerations that must be brought into focus in order to provide for effective and reasonable Plan implementation through public investment, zoning and other regulations. Public Open Space Public open space areas are comprised of public parks, natural areas, greenway paths and existing major public opens spaces and recreational areas in the Womens Bay Planning Area. These public open spaces receive heavy recreational usage during all seasons of the year. Hunting, hiking, fishing, camping and picnicking opportunities draw many visitors to the Kodiak Island Borough who contribute to the local economy. These public open space areas will continue to play an important role in serving the Womens Bay residents and the local tourism economy. The Plan identifies about 90 acres of public use land zoning as well as park areas. Floodplains, riparian areas, steep slopes, wetlands and water supply watersheds are environmentally sensitive areas and carry inherent development constraints if they are to continue to function in their essential roles as part of the natural environment. Environmental protection overlay districts should be established for these areas. The Plan adopts the value that these special environments should be reserved and remain undeveloped and undisturbed, with the exception of non - invasive recreational uses. The Plan recognizes that all economic and recreational needs of Borough residents and property owners can be adequately accommodated on other accessible lands not impacted by such environmental features. Where public improvements are considered, the development of these improvements should be handled with great care and public scrutiny. The Plan supports conservation of these environmental resources through public reservation, regulation and, where necessary, acquisition. Industrial This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution /warehouses that are not generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial uses: transportation access, water supply, lack of incompatible existing land use and topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to the blasting, dust and heavy trucking operations. Areas around quarries where active blasting is occurring or may occur should be reserved for one of the following use categories: agriculture, industrial, or public open space. Resource Extraction uses include all uses associated with the operation of quarries, such as the Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 47 December 2006 Appendix - Page 5 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan extraction, storage, processing and transportation of the quarry product. Business The character of the category is defined as that which is primarily intended to meet the essential business needs and convenience of Womens Bay area residents. Commercial uses may include a grocery, drug store, and branch dry cleaning establishments as examples. Compatible small -scale industrial uses can also be located in these areas. Business uses should be placed into cohesive groupings rather than on individual properties along the highways and access control should be emphasized. Its purposes are: to encourage the development of groups of nonresidential uses that share common highway access and /or provide interior cross access in order to allow traffic from one business to have access to another without having to enter the highway traffic; to discourage single family residential uses; to protect environmentally sensitive areas, and to maintain the character of the surrounding neighborhoods. Opportunities for business uses, such as, small -scale shops, home occupations and cottage industries, may be appropriate outside these areas as well. Residential The new residential development should be at a minimum lot size of RR1 (40,000 square feet) for existing lots. Other residential uses are also encouraged within this land use category at a density appropriate to ensure adequate water supply and wastewater treatment on -site. The mix of dwellings should be organized into a rational development pattern, rather than random lot -by -lot development. The B tracts would be converted into Open Space land and some potential residential development sites. It is not encouraged to develop residential uses adjacent to the B tracts if the industrial uses remain for the long term in their present location as this is contradictory to the objective of buffering residential uses from industrial uses. Institutional This category is defined as that which is primarily intended to accommodate uses of a governmental, civic, public service, or public institutional nature, including major public facilities, public utilities, and local government -owned property. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 48 December 2006 Appendix - Page 6 of 10 Excerpt rom 2007 women Bay Comprehensive Plan A. iII! ICI 4. 9‘ i � � i ll ai li � i' o 0 E6 y � `5 , e x 4� � �x� P AN PM \ � n `e 0 1 j it i l ° "'G i f/ii , Wit • � I/ / art: I rli 1' hie ��- ��d � ', // Si/ 4 Vag/ ' b . t ' 0 / '''' ‘ ‹; i fa p WS /i I 1 43 9 l <: 11 � i a /// / \,:;, V /� pr § ; y a tS aka /// III ��j / /r 11 y tls 111111#0771C1111/11 lllil s l /�i ,r l l /I T , 1111/ � / I Et yf i � l / 11111110: f o 000000❑ � , , II!` r 0 llR fir 4A Ili ,4:a.,• 6 I �� / �;o�ei�• Pa. ,. l l . i 4:// 00 T P L o �Y� t oas F1� na D. Y 1 • Appendix -Page 7 of 10 Excerpt from 2007 Womens Bay Comprehensive Plan • S D 00 ❑ _ _ _ nt,ift-onc___y , r• ft D ED _ 0 n k. Appendix - Page 8 of 10 a Z = D om200tWot u . c t. i * o � r NJ Q) t // ' \t,71t i ' Lt } /{ fi tris t . • . , CL < c , OA 1 . : t \ '`4, ...kik'a tv4 I � ' i'?ft. c .: //ill/ I ���� I` < lefli di r/, I/if, l �/ �,�rn, �Q 4 �� ` � ♦S W <<I i ��o �� iii '!Q•JS ��i � ` :^ �� 'w� ��. �� Q''i �.'ii� / �f /� 1 '� li� a 'i Q��\ ate. " ^oir �t`is� / i� ii. /�s� t arii ilAttiitititterifitievf,t .11 __.._____ ._ _Ili ✓ 1 ` - I �,� �� ��Q��,a I 1 i i 4.4: 4 beattrel .. ir. 1 : Al / i Al / e it Mt , I III sa Meitiril, 1 1 �� ////1 , II ii / // 11///i A,e„ . #0 / / / / / / / / / / / / / ////// AVAU//// ///// Excerpt from 2007 Womens Bay Comprehensive Plan O \ C • 7‘\::).C115 O e k \‘' Appendix - Page 10 of 10 ° KODIAK ISLAND BOROUGH ap 9 . AGENDA STATEMENT REGULAR MEETING OF: MARCH 15, 2012 ITEM NO.: 12.A TITLE: Approval of Change of Contractor for Solid Waste Collection Contract Due to Buyout of Alaska Pacific Environmental Services of Anchorage, LLC DBA Alaska Waste. ORIGINATOR: Manager's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Acknowledgement and Consent to Assign document APPROVAL FOR AGENDA: Wag �he- SUMMARY STATEMENT: Waste Connections of Alaska, Inc. (WCI) has agreed to purchase, all or substantially all, of the assets of Alaska Pacific Environmental Services Anchorage, LLC (Alaska Waste). This is pursuant to an Asset Purchase Agreement dated August 16, 2011, between WCI, Alaska Waste and certain other parties. In connection with the consummation of the sale, WCI will acquire the assets and certain obligations of Alaska Waste, including that certain Exclusive Service Contract for Residential and Commercial Refuse Collection and Transportation to KIB Landfill between Kodiak Island Borough and Alaska Pacific Environmental Services, LLC effective 2010 as amended, by and between the Kodiak Island Borough and Alaska Waste. A copy of the Contract is available for review in the Clerk's office. Staff has met with corporate officials of Waste Connections and reviewed associated Regulatory Commission of Alaska (RCA) documents and financial reports for Waste Connections and recommends that the Acknowledgment and Consent to Assignment be approved. The various RCA documents can be found at the following links or a copy of the documents are available for review in the Clerk's office: This is the link to RCA order for Waste Connections (WC) acquisition of Alaska Waste. The sole purpose of this order was for the Regulatory Commission of Alaska to assess the "fitness" of WC and its ability provide service to Alaska Waste customers. http: / /rca.alaska.gov /RCAW ebNiewFile.aspx ?id= f8d75222-1d bd-4ae0-b089-89b3c93496cf WC initial application to Regulatory Commission of Alaska: http: / /rca.alaska.gov /RCAW eb /Filings /E DocList.aspx ?id =d b0bb768 -c90e- 4455- 93bf- f99f47d 17ac0 The following is Waste Connections website: www.wasteconnections.com Kodiak Island Borough Page 1 of 2 ° KODIAK ISLAND BOROUGH AGENDA STATEMENT Note: At the last regular meeting, the Assembly amended (the Acknowledgement and Consent to Assignment) so that the second sentence of the third paragraph reads, "Any claims by the undersigned or any other persons for damages or similar liabilities submitted on or after the Effective Date will be to WCI and not to Seller." This item was then postponed by the Assembly for further review by the Attorney. The Attorney does not recommend the amendment since Section 17.02 of the Collection Services Contract identifies the "Parties in Interest." The contract, and the consent to assignment, are between the Borough and the Contractor. Below is the motion to reverse the amendment. After the vote to reverse the amendment, and there are no other amendments, ROLL CALL VOTE on the main motion will be taken. RECOMMENDED MOTION: Move to reverse the amendment taken at the last regular meeting of the Assembly by deleting the words "or any other persons" in the second sentence of the third paragraph. Kodiak Island Borough Page 2 of 2 ACKNOWLEDGMENT & CONSENT TO ASSIGNMENT Waste Connections of Alaska, Inc. ( "WCI ") has agreed to purchase, all or substantially all of the assets of Alaska Pacific Environmental Services Anchorage, LLC ( "Seller "), pursuant to an Asset Purchase Agreement dated August 16, 2011 (the "Purchase Agreement ") between WCI, Seller and certain other parties, (the "Sale "). In connection with the consummation of the Sale, WCI will acquire the assets and certain obligations of Seller, including that certain Exclusive Service Contract for Residential and Commercial Refuse Collection and Transportation to KIB Landfill between Kodiak Island Borough and Alaska Pacific Environmental Service, LLC, effective 2010 as amended, by and between the undersigned and Seller (the "Contract "). A copy of the Contract is attached as Exhibit A to this Consent. The undersigned hereby acknowledges that WCI and Seller are contemplating the consummation of the Sale, and consents and agrees to any direct or indirect transfer or assignment by Seller to WCI of the Contract (the "Assignment ") that has, or may be deemed to have, occurred upon the consummation of the Sale. The undersigned hereby further agrees that the Assignment shall not be deemed a breach of the Contract and that the Contract will remain in full force and effect after the consummation of the Sale. This Consent shall not be effective and the Assignment shall not be valid or binding on WCI or Seller unless and until the closing occurs under the Purchase Agreement (the "Effective Date "). The undersigned further consents and agrees to the assumption by WCI of all rights and obligations of Seller under the Contract that arise on and after the Effective Date. Any claims by the undersigned or damages or similar liabilities submitted on or after the Effective Date will be to WCI and not Seller.. /� Or An o44nr persons Anended Ve-r on The undersigned a and agrees that (i), except for Amendment No. 1 dated June 2011, the Contract has not been amended or modified and remains in full force and effect, (ii) there is no defense, offset, claim or counterclaim by or in favor of the undersigned against Seller under the Contract or against the obligations of Seller under the Contract, and (iii) neither the undersigned nor, to the undersigned's knowledge, Seller, is in default in the performance or observance of its obligations under the Contract, and the undersigned has no knowledge of any occurrence of any event that with notice or the passage of time would result in a default by the undersigned under the Contract. Date: , 2012. KODIAK ISLAND BOROUGH By: Name: Rick Gifford Title: Borough Manager Address: 710 Mill Bay Road Kodiak, AK 99615 I: \DOGS \41010100\ ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT WCI.DOC 5119W62V1773886.2 ACKNOWLEDGMENT & CONSENT TO ASSIGNMENT Waste Connections of Alaska, Inc. ("WCI") has agreed to purchase, all or substantially all of the assets of Alaska Pacific Environmental Services Anchorage, LLC ("Seller "), pursuant to an Asset Purchase Agreement dated August 16, 2011 (the "Purchase Agreement ") between WCI, Seller and certain other parties, (the "Sale "). In connection with the consummation of the Sale. WCI will acquire the assets and certain obligations of Seller, including that certain Exclusive Service Contract for Residential and Commercial Refuse Collection and Transportation to Kill Landfill between Kodiak Island Borough and Alaska Pacific Environmental Service, LLC, effective 2010 as amended, by and between the undersigned and Seller (the "Contract"). A copy of the Contract is attached as Exhibit A to this Consent. The undersigned hereby acknowledges that WCI and Seller are contemplating the consummation of the Sale, and consents and agrees to any direct or indirect transfer or assignment by Seller to WCI of the Contract (the "Assignment") that has, or may be deemed to have, occurred upon the consummation of the Sale. The undersigned hereby further agrees that the Assignment shall not be deemed a breach of the Contract and that the Contract will remain in full force and effect after the consummation of the Sale. This Consent shall not be effective and the Assignment shall not be valid or binding on WCI or Seller unless and until the closing occurs under the Purchase Agreement (the "Effective Date "). The undersigned further consents and agrees to the assumption by WCI of all rights and obligations of Seller under the Contract that arise on and after the Effective Date. Any claims by the undersigned for damages or similar liabilities submitted on or after the Effective Date will be to WCI and not to Seller.. The undersigned acknowledges and agrees that (i), except for Amendment No. 1 dated June 2011, the Contract has not been amended or modified and remains in full force and effect, (ii) there is no defense, offset, claim or counterclaim by or in favor of the undersigned against Seller under the Contract or against the obligations of Seller under the Contract, and (iii) neither the undersigned nor, to the undersigned's knowledge, Seller, is in default in the performance or observance of its obligations under the Contract, and the undersigned has no knowledge of any occurrence of any event that with notice or the passage of time would result in a default by the undersigned under the Contract. Date: , 2012. KODIAK ISLAND BOROUGH By: Name: Rick Gifford Title: Borough Manager Address: 710 Mill Bay Road Kodiak, AK 99615 I: \Docs\41010100 \ACKNOWLEDGMENT AND CONSENT TO ASSIGNMENT WCI.DOC 5119 \462 \1773886.2 ATTEST: Nova Javier, MMC Borough Clerk Seller's Representations: Seller represents, and has demonstrated to the Kodiak Island Borough pursuant to Section 16.01(c) of the Contract, that WCI has the operational and financial ability to satisfy Performance Obligations as set forth in the Contract. Seller has paid the Kodiak Island Borough $1,500 in accordance with Section 16.01(d) of the Contract to cover potential costs of reviewing and approving the proposed transfer. ALASKA PACIFIC ENVIRONMENTAL SERVICES ANCHORAGE, LLC By: Its WCI Representations: Except as defined in this Consent, capitalized terms shall have the meanings defined in the Contract. a. Status. WCI is a corporation duly organized, validly existing and in good standing under the laws of the State and is qualified to do business in the State. b. Authority and Authorization. WCI has full legal right, power and authority to to assume the Contract and satisfy its Performance Obligations. As of the Effective Date of this Consent, the Contract will be duly assigned to WCI and constitutes a legal, valid and binding obligation of WCI enforceable against WCI in accordance with its terms. c. No conflicts. Neither the performance by WCI of its Performance Obligations, nor the fulfillment by WCI of the terms and conditions of the Contract: 1. Conflicts with, violates or results in a breach of any Applicable Law: 1: \DOGS \41010100\ACKNOWLEDGMENI' AND CONSENT" O ASSIGNMENT WCI.DOC 5119A462V1773886.2 2. Conflicts with, violated or results in a breach of any term or condition of any judgment, order or decree of any Regulatory Authority or any agreement or instrument to which WCI or any of its Affiliates is a party or by which WCI or any of its Affiliates' properties or assets are bound, or constitutes a default thereunder; or 3. Will result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the properties or assets of WCI. d. No approvals required. No approval, authorization, license, permit, order or consent of, or declaration, registration or filing with any governmental or administrative authority, commission, Governing Body, agency or instrumentality, is required for the valid assignment of the Contract to WCI, except that required under the Contract and those that have been fully obtained from its Board of Directors or other governing body. e. No litigation. There is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, Governing Body, agency or instrumentality pending or, to the best of WCI's knowledge, threatened, by or against WCI wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would adversely affect the performance by WCI of its obligations under the Contract or in connection with the transactions contemplated by the Contract, or which, in any way, would adversely affect the validity or enforceability of the Contract or any other agreement or instrument entered into by WCI in connection with the transactions contemplated by the Contract. or which, in any way, would adversely affect the validity or enforceability of the Contract or any other agreement or instrument entered into by WCI in connection with the transactions contemplated by the Contract. There is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality pending or threatened, by or against KIB by WCI. f. Due Diligence. WCI has made an independent investigation, examination and research satisfactory to it of the conditions and circumstances surrounding the Contract and best and proper method of providing Contract Services (including the types of Contract Services) and labor, equipment and materials for the volume of Contract Services to be provided. WCI agrees that it will make no claims against KIB based on any good faith estimates, statements or interpretations made by any officer, employee or agent of KIB that proves to be in any respect erroneous. g. Compliance with Applicable Law. WCI further represents and warrants that it has fully complied with all Applicable Law, including without limitation law relating to conflicts of interest, in the course of procuring the Contract. I: \Docs\41010100 \ACKNOWLEDGMEN'I' AND CONSENT TO ASSIGNMENT WCI.DOC 5119\462 \1773886.2 EXHIBIT A: Exclusive Service Contract for Residential and Commercial Refuse Collection and Transportation to KIB Landfill between Kodiak Island Borough and Alaska Pacific Environmental Service, LLC, effective 2010 as amended I: \DOGS \41 0101 00 \ACKNOWLEDGMENT AND CONSENT' TO ASSIGNMENT WCI.DOC 51191462 \1773886.2 Nova Javier From: Rick Gifford Sent: Friday, March 02, 2012 4:19 PM To: Nova Javier Cc: 'Karl Short; 'Woody Koning' Subject: FW: FW: Motion to Amend - 13.D.4 Hi Nova_ Please distribute the [ollowine email from Cheryl Brooking to the Mayor and Assembly for their information. FYI -- Section 17.02 of the Collection Services Contract reads as follows: 17.02 Parties in Interest Nothing in this Contract whether express or implied is intended to confer any rights on anyone other than the Parties and the Parties respective representatives successors and permitted assigns Related Parties are third party beneficiaries of provisions in this Contract that reference them. Thank you. Rick Rick Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Phone: 907 - 486 -9301 Fax: 907 -486 -9374 Email: rgifford(@kodiakak.us Web site: http: / /www.kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this e -mail are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Cheryl Brooking Jmailto:CBrookinq©akatty.coml Sent: Friday, March 02, 2012 12:15 PM To: Rick Gifford Subject: Re: FW: Motion to Amend - 13.D.4 Hi Rick, I do not recommend the amendment proposed by Mel. Please see Section 17.02 of the Collection Services Contract identifying the "Parties in Interest." The contract, and the consent to assignment, are between the Borough and the Contractor. Cheryl Brooking, Esq. Wohlforth, Brecht, Cartledge & Brooking 900 W. 5th Avenue, Suite 600 1 Anchorage, AK 99501 phone: 907.276.6401 fax: 907.276.5093 NOTICE: This communication is confidential, is intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or otherwise protected by applicable law. If you are not the intended recipient or believe that you may have received this communication in error, please notify the sender and delete this e -mail. Unintended recipients of this e -mail should not print, copy, retransmit, disseminate or otherwise use the information. ANY FEDERAL TAX ADVICE CONTAINED IN THIS MESSAGE SHOULD NOT BE USED OR REFERRED TO IN THE PROMOTING, MARKETING OR RECOMMENDING OF ANY ENTITY, INVESTMENT PLAN OR ARRANGEMENT, AND SUCH ADVICE IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY A TAXPAYER FOR THE PURPOSE OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE. >>> "Rick Gifford" <rgifford @kodiakak.us> 3/2/2012 9:14 AM >>> Hi Cheryl. Mel Stephens made the following amendment (see below) to the Consent Assignment. The Assembly approved the amendment, but was concerned about approving the document without comment from the Borough Attorney. I have a meeting from 10 to 12. Please call me when you get a chance and /or let me know when you're available and I'll call you. Thanks. Rick Rick Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Phone: 907 - 486 -9301 Fax: 907 - 486 -9374 Email: rgifford@kodiakak.us Web site: http: / /www.kodiakak.us PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this e -mail are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Jessica Kilborn Sent: Friday, March 02, 2012 9:12 AM To: Rick Gifford Cc: Nova Javier; Marylynn McFarland Subject: Motion to Amend - 13.D.4 Hi Rick, Listening to the audio this is the motion to amend that was made by Mel: STEPHENS moved to amend (the Acknowledgement and Consent to Assignment) so that the second sentence of the third paragraph reads, Any claims by the undersigned or any other persons for damages or similar liabilities submitted on or after the Effective Date will be to WCI and not to Seller." 2 MELVIN M. STEPHENS. II A PROFESSIONAL CORPORATION ATTORNEY AT LAW 328 CENTER AVENUE. SUITE 90A P.O. BOX 1129 KODIAK, ALASKA 99615 TELEPHONE (9071488 -3143 MEMORANDUM TO: Mayor & Assembly A FROM: Mel Ste phens ' ' (- , RE: Assignment of Solid Waste Collection Services Contract Agenda Item 13.D.4, 3/1/12 Regular Meeting DATE: March 7, 2012 The attorney's comment circulated by Nova this past Monday highlights rather than assuages my concern that the assembly's approval of the proposed assignment of Contract FY2010 -30 (the garbage collection contract) will make it more difficult for local residents who have been overcharged for garbage collection services over the past 20 months or so to receive appropriate redress. Under Contract FY2010 -30 Alaska Waste began billing local residents for garbage services as of June 2010. (Contract sec. 7 -7.07) Previously the Borough had itself sent out these bills. None of the billings sent out by Alaska Wasate reflected the ($7.00 /mo.) Senior Discount mandated by and set forth in attachment 13.01 to the contract, however. Since seniors were receiving a discount under the Borough's previoud billing system, the information as to which accounts were entitled to a senior discount should have been readily available, but no effort was made to incorporate it into the new billing system implemented by Alaska Waste in mid -2010. To make matters worse, garbage rates increased significantly at the same time that Alaska Waste took over the billing process, so it was not readily apparent to seniors that they were being over charged. I brought this problem to the attention of the assembly at its regular meeting of April 21, 2011 and asked that the manager be directed to look into and resolve it within 30 days but nothing was done. Alaska Waste eventually modified the fine print on its billing statements so as to include a notice to the effect that residents 65 or older were eligible for a senior discount, but it made no effort to identify and correct the senior accounts which it had been over charging since June of 2010. Unless a senior took the initiative and complained of an over billing, Alaska Waste was content to continue sending out and collecting the erroneous billing statements. I think the assembly has a moral obligation to see that this situation is rectified before it approves an assignment of the existing garbage collection contract. Otherwise, I suspect that seniors who contact Alaska Waste's assignee, Waste Connections of Alaska, will be told that they have to contact Alaska Waste in order to secure a refund. I further suspect that WCI will make no effort Mayor & Assembly -2- March 7, 2012 to correct Alaska Waste's billing roll and that it will continue overcharging an unknown number of senior citizens for the indefinite future. I am not favorably impressed by the attorney's suggestion that the citizens of Kodiak have no rights under the contract being assigned or the manager's vague reference to existing procedures that should resolve this problem. The problem has existed for almost two years now while those responsible for it look the other way. It can be corrected in less than a day by simply having someone go through the garbage billings sent of in May 2010 and identify the accounts then being charged the senior rate. I think we should insist upon this being done and require an assurance that any and all refunds due have actually been paid before we consider approving the proposed assignment. • KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: MARCH 15, 2012 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2012 -25 Disposing of Borough Owned Land to the City of Ouzinkie for Less Than Market Value (PBZC Case 12 -013). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2012 -25; Proposed Subdivision; P &ZC Case Staff Report; and P &ZC Resolution No. FY2012 -02 APPROVAL FOR AGENDA: atlid SUMMARY STATEMENT: The City of Ouzinkie is working with Sage Communications to locate a communications tower in the community. The site selected is a portion of Borough land adjacent to the Ouzinkie School. The Planning and Zoning Commission has reviewed this disposal (along with granting variances approving a site plan and is currently reviewing a subdivision in support of this project) and by resolution is recommending to the Assembly approval of the disposal. This tower will be part of a communication infrastructure network that will provide cell phone service on the north part of the island. The advantages of having a reliable communication system in this area for the safety of folks traveling, recreating, or commercial fishing is obvious. KIB 18.20.030 requires Planning and Zoning Commission's review and recommendation to the Assembly by resolution of their recommendation. The Planning and Zoning Commission Resolution is part of your packet. KIBC 18.20.030(B) also requires adoption of a resolution by the Assembly specifying the terms and conditions upon which the disposal will be offered. RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -25. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: CDD Director Drafted by: CDD Director 3 Introduced on: 03/15/2012 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2012 -25 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DISPOSING 11 BOROUGH OWNED LAND TO THE CITY OF OUZINKIE FOR LESS THAN FAIR MARKET 12 VALUE (P&Z Case 12 -013). 13 WHEREAS, the Borough received Resolution 2011 -05 from the City of Ouzinkie 14 respectfully requesting acquisition of a portion of Tract C, Block 2, U.S. Survey 4871 from the 15 Kodiak Island Borough for community benefit; and 16 17 WHEREAS, KIBC 18.20.030(A), requires review of each disposal of borough real property 18 by the Planning and Zoning Commission; and 19 20 WHEREAS, the Planning and Zoning Commission in Resolution 2012 -02 recommends to 21 the Assembly disposal of the requested property; and 22 23 WHEREAS, KIBC 18,20.100(B) provides for the disposal of KIB real property for less than 24 fair market value to a political subdivision upon a finding that the use of the land will be for a 25 public purpose beneficial to the borough; and 26 27 WHEREAS, the Planning and Zoning Commission, after holding a properly noticed public 28 meeting, adopted Planning and Zoning Resolution 2012 -02 recommending that this parcel be 29 surplus to the Borough's needs and recommends disposal of land. 30 31 NOW THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH affirms the recommendation and findings of fact by the Planning and Zoning 33 Commission to dispose of approximately .7 acres of Borough land in Ouzinkie presently 34 described as a portion of Tract C, Block 2, U.S. Survey 4871, Townsite of the City of Ouzinkie 35 to the City of Ouzinkie for less than fair market value and finds that such a disposal will be of 36 a public purpose beneficial to the borough. 37 38 BE IT FURTHER RESOLVED THAT the Assembly's action is conditioned upon the 39 completion, approval, and recordation of a plat that segregates the parcel of interest from the 40 remainder of the Ouzinkie school tract. 41 Kodiak Island Borough Resolution No. FY2012 -25 Page 1 of 2 42 BE IT FURTHER RESOLVED THAT the Assembly authorizes the Manager to sign all 43 paperwork required expediting this disposal to the City of Ouzinkie. 44 45 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 46 THIS DAY OF 2012 47 48 KODIAK ISLAND BOROUGH 49 50 51 52 Jerome M. Selby, Borough Mayor 53 54 ATTEST: 55 56 57 58 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 -25 Page 2 of 2 TRACT C 102' 200' TRACT • G -1' } I 1 ' #)7 P �■ 0 . TRACT "C- A' �i i VINCINITY MAP 0.5.5.'487 p 13. Acr 581885. S q. Feet O ♦ OWNERSHIP AFFIDAVIT! ` IIIOBIffOIY ^MI it fYoEKW XMO91ft l6CHf➢ !7 I NWBI IQGR W iM ML NL (0.0003 fM liar RILE . : UTILITY I.ECENp rxmMl l RM5 mNM Pne AmAS sla lea - -- = OVERHEAD POWER L P • - -- = SANITARY SEWER \ ` one ------ -_. -- - WATER LINE x x•.'o' { 8 nAa • c m' a , - 05 5 � - - CHAIN LINK FENCE 5 NOTAR ACKNOWLEDGMENT 8 : NA Q= ELECTRIC SERVICE BOX . Y x E 1m'O�wvsWA R^6 = WATER VALVE _ rte•.' � — 0f — /' IN1 i.. t1 I!= UTILITY POLE ate = � sae. salwc \ -^ : Jr r : - -- T AX CERTIFICATE TRACT IRGENp - ' ® = FOUND 2 -1/2' BRASS CAP r 411, \\ - - I UE, M e M ° D " M°" so* Stu OA FOUND 2.5" ALUMINUM CAP \ S.\ 0 ..../ 1 Qum w l®w NAW OL_ nra • - SET 2" ALUMINUM CAP Z N 56 E____ ACT "C -2B" - O W - (M) - MEASURED DIMENSION , LT co I WSW Iwo Sae > ' A l (R) RECORD DIMENSION Cl 150.. o _ U.S.S. 4871 '•., f � r (C) - CALCULATED DIMENSION l0 0 � 28437 Sq. Feet ' , PUT APPROVAL LO WY R.O.W. . RIGHT OF WAY ^ � _ m 0 Acres es N 56 . 05 O1 E 10' UTILITY EASEMENT \, g , P m Me eft C0 ' NE t0. O / \/ a � a �r_ .E�E�w�F1y�%�� (P mav L O WATER TANK � �� s''GRAVEL DRIVE 282.00' ��i r O n• G I �/—' 'r 06 6 10Wm our ' 11R S mr .8202 5 iwscn HORS' +` ' � ' � uA'wH cox rtrs urn mm I. SUBJECT TO ALL CONDITIONS, SERaTUOE'S. EASF1 JAIS, COVDONIS, `_ SHEO C0 . • (CATIONS TOWER; 432.00 fdSERVA1CN. R67RCMNS RID RCNIS a WAY OF' RECORD. _.— �� EDGE OF R.O.W. y �irR WM`^ I _ 2. SUBJECT TO ALL COPT MCAT RTES. ��a . ICI REP( oat_ 3. ST. ovary SURVEYING INC. ASSUMES NO RESPONSIBATY OR r�21MINIII - LABILITY FOR MY ERRORS OR OIA5SION5 OF ANY REND DETAIL OF TRACT C -2 coma. MWtmMR ONTO WHATSOEVER IN TERMS OF CONTENT SHOWN HEREON AND Adir OISCWNS ALL WARRANTIES AND /OR CONDITIONS EXPRESS OR 40' 0 40• 90' _ V, • i 'EU MW .. . �.__. _`— l OMry IMr I Y MM6r RR IMPLIED, TO THE CONTENT INTO ANY MATTER RELATING TO THE Parcel to be - - ilm. 0 °'"« INR RmMNC "^ INFORMATION SHOWN HEREON. �: •Dl ' AA9A 160 ms 5s rerasons A : deeded to the City `° as awlo saute Car mamma saw MA RM Y . UEED DESCRIPTION A P 61 S C-221. U5.$ 4371 W 4.y YO MN YL 4fl®Ip YD mIO MNx of Ouzinkie upon AS SR C -B RN- AT A rover: 54D P SAD BEM A 2 )' AS ME ➢ ROMEO 9 ?m. ? NOCORNER 0® P AS • I LY OF i WD S O NPR AND C M AS ME L�wTd. DCE I S a TWO w c E or W EC WrSnOx . .. ^ VOW approval of Rea S 5 -os'or w ALCRe THE SanHERLY UNE Of 111.42-11C1 SUBDIITSlON OF TRACT C - Team SH THE IS C SWE AS THE FAY Bon OF NAY UNE of DIM BASIS OF BEARING - NORTH AMERICAN DATUM 83. SYRTIS A OSIANLE OF at.00' e TO TO A PONT; U.S.SI7R PBY 4877 BASIS OF ROTATION - HELD THE 2.5 ALUMINUM CAP W /ALUMINUM POST subdivision THOAE N 409b1' w A 01STRC,E of 100.00' TO A POINT; ROC x 5005'01 E A ['STANCE Of 150.20' ED A POINT: CREATING TRACTS C - 2A d• C FOR POSITION LOCATED AT THE SE CORNER OF TRACT 'C". HEW THE THENCE S 4000'51 E A OSPNCE OF SOW To A POW: 3.25 BRASS CAP STAMPED BLM 1967 TO 82 TA, LOCATED AT THE NE THENCE N 5602 • E A 0151ANEE cr amino' to A POINT SRO POINT 3ORNER TRACT - C -2 ", COMMON WITH THE NW CORNER OF TRACT "A" Bf1NC LOCATED ON 1)6 EASTERLY UNE ES TR1.cr 'c' WHICH S ME RODW( 1 "OR LINE. omit AS THE WESTERLY RCS Of NAY LIKE a • C' SIRaT Lan or Ain RErCL S 420'50 E ALONG 11E EASTERLY UNE Of TRACY 'C' A 7/S ] - ] RVDIA8 RBCORDINC DIST GSTNICE or 50n0'; soar WIT PM0PIY 6MOH 5 NE PONT OF BECINNVC. IFERENCE -PLATS RAYING AN AREA Of 28437.43 saws FEEL 0.653 ACRES XODlAX ISLAND BOROUGH I.E. SURVEY 4871 RECORED IN THE KODAK RECORDING DISTRICT. RILITY DRAWINGS PROVIDED BY THE KOOIAR ISLAND BOROUGH. ss. Lew sunrise FMC. P.O. POP 3Y. NOME AWL. PHIS (007) MI- 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 Jan; Bill Kersch, Alan Torres, Jay Baldwin, Man 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 KIBC 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 10A- 2, and IOC, 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 Justification fora ban a or Am ndm nt 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. _7 .1 IL it ii _ I ie_1. a la. •eor:.. .,'I!• ntw.0 t j.veon '1,.• 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 t� 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 P &Z Minutes COMMISSIONER SCHMITT MOVED to amend the motion adding Section 3 to the resolution that would read "within 24 months from approval from the Kodiak Island Borough Assembly the City of Ouzinkie shall submit a preliminary plat" CONDITION OF APPROVAL 1. The City of Ouzinkie is responsible for undertaking the survey cost for the requested portion of Tract C, Block 2, USS 4871 approved by this disposal action. FINDINGS OF FACT 1, The Commission has reviewed the subject property's current and proposed uses. 2. The Commission finds that the current and proposed future uses of the subject property comply with the original intent of Kodiak Island Borough Resolution No. 87 -41 -11. 3. The Commission finds that the disposal will allow the use of the land for a public purpose beneficial to the borough. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY B) Case 12 -012. Request a Conditional Use Permit, according to KIBC 17.200.050 & 17.90.030(A), to permit an existing church and proposed parsonage in the B- Business Zoning District. The applicant is the Kodiak Christian Fellowship. The location is 2320 Mill Bay Road and the zoning is B- Business. Dvorak reported twenty-five public hearing notices were sent out and one response was received in favor of the request. The request involves an alteration of a long standing church, That church and their school have since moved. Kodiak Christian Fellowship wishes to convert the school inside the church to a parsonage. A zoning compliance permit was issued for them to turn the school space into a community room and making a dwelling unit inside is a change of use. An updated site plan has been provided and staff finds it favorable. Staff recommends approval. COMMISSIONER BALDWIN MOVED to grant a Conditional Use Permit, according to KIBC 17.200 to permit an existing church and proposed parsonage in the B- Business Zoning District, subject to three Conditions of Approval, and to adopt the findings contained in the staff report dated September 9, 2011, as "Findings of Fact" for case 12 -012. The public hearing was opened & closed. Public testimony was given by: Todd Hiner spoke in support of this request Lorne White spoke in support of this request Discussion CONDITIONS OF APPROVAL 1. This Conditional Use Permit shall apply to both Lot 27A and Lot 27B United States Survey 3098. 2. All permits taken out subsequent to this decision shall list both legal descriptions. 3. An updated site plan shall be submitted in a scale appropriate to confirm conforming parking for all uses. FINDINGS OF FACT 7.211 050 l e c,' t 'I . _ • .i ' e • r e v_ . • ' iri character and inte: o the surroundine area, The surrounding area is a mixed -use neighborhood. The church use is low impact, and a single - family dwelling occupying the lower level of the building's rear will likewise be low impact. 17.200.050 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. 9/21/2011 Page 3 of 7 P&Z Minutes 1 Introduced by: 2 Requested by: Drafted by: 3 Introduced on: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 PLANNING & ZONING COMMISSION 8 RESOLUTION NO, FY 2012 -02 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING & ZONING 11 COMMISSION RECOMMENDING THE DISPOSAL OF 12 A Portion of Tract C, Block 2, United States Survey 4871 (City of Ouzinkie) 13 14 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.30 requires each disposal of 15 Borough land to be reviewed by the Planning & Zoning Commission before submission to 16 the Assembly; and, 17 18 WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make 19 a recommendation on the disposal by resolution before it is forwarded to the Borough 20 Assembly; and, 21 22 WHEREAS, the principal purpose of the Commission is to considered if the land identified 23 is surplus to the Borough's need; and, 24 25 WHEREAS, the proposed disposal parcel had previously been identified for disposal by 26 means of the grant of a utility easement to the City of Ouzinkie approved by the Borough 27 Assembly via Resolution 87 -41 -R; and, 28 29 WHEREAS, the Planning & Zoning Commission has found that the current and proposed 30 future use of the parcel conforms with the intent of said resolution; and, 31 32 WHEREAS, the Planning & Zoning Commission held a public hearing on September 21, 33 2011 and is recommending the disposal of this parcel. 34 35 NOW, THEREFORE BE IT RESOLVED, THAT THE PLANNING & ZONING 36 COMMISSION OF THE KODIAK ISLAND BOROUGH that 37 38 Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with 39 Title 18 of the Kodiak Island Borough Code, determines that a Portion of Tract C Block 2 40 United States Survey 4871, as described in the existing utility easement, is surplus to the 41 public's need. 42 43 Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with 44 Title 18 of the Kodiak Island Borough Code, recommends that the Kodiak Island Borough 45 Assembly approve for disposal the property identified as a Portion of Tract C Block 2 46 United States Survey 4871, as described in the existing utility easement. Kodiak Island Borough Resolution No. FY2012 -02 Page 1 of 2 47 48 Section 3: Within twenty -four (24) months from approval from the Kodiak Island Borough 49 Assembly the City of Ouzinkie shall submit a preliminary plat. 50 51 52 ADOPTED BY THE PLANNING & ZONING COMMISSION 53 OF THE KODIAK ISLAND BOROUGH 54 THIS 21s DAY OF SEPTEMBER, 2011 55 56 KODIAK ISLAND BOROUGH 57 PLANNING & ZONING COMMISSION 58 59 aa 60 ATTEST: Alan Torres, Chair 61 62 63 ( l� OlW 64 Sheila Smith, Secretary Kodiak Island Borough Resolution No. FY2012 -02 Page 2 of 2 Public Hearing Item 7 -C P &Z September 21, 2011 Current Location Request: Review of land disposal of a Portion of Tract C P & Z Case # 12 -013 Block 2, USS 4871 for less than fair market value to the Kodiak Island Borough City of Ouzinkie to use for public water storage and communications purposes and other public purposes Agent: Rick Gifford beneficial to the borough. ) -- t___ Legend 1 Sub Parcel I (.! • O d 1 C- Kodiak Island Borough GIS System 0 850 1,700 3,400 5,100 6,800 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 contading the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -013 Introduction Page 1 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 \CO C:\* O b O O O O O O O C\' Case No. 12 -013 Introduction Page 2 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 Kodiak Island Borough Zoning Map At . Community Development Department Y p p Current Zoning Request: Review of land disposal of a Portion of Tract Block 2, USS 4871 for less than fair market value to the P & Z Case # 12 -013 City of Ouzinkie to use for public water storage and - Kodiak Island Borough communications purposes and other public purposes Agent: Rick Gifford beneficial to the borough. 0 435 870 1.740 F eet Legend p r t 3 r l 1 Subject Parcel U554871 us 387 ilk, 10 � 4 • 044 ".■ 0.4111' V y..00V Itiel#: Va. Leo e e. ..2 VO) ... f t s oc. - A ---4*-44\sn \---- -----.,,,,..,... e� i∎,0.�_ 7 v,t . 0 1 isc,... vp.",..- • 4 , 0 b,. ,#,* o 44.# 4, „ 00 Wi t4P 41 4 �• U55 3169 0551702 ) , Zoning Legend I I Public Use Lands I Rural Residential 1 [ Multi Family Residential Light Industrial VA Watershed Rural Residential 2 I Business I Rural Neighborhood Commercial ] Conservation Single Family Residential Retail Business Urban Neighborhood Commercial I I Rural Residential Two Family Residential Industrial I Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -013 Introduction Page 3 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 \U O 0 0 O O O 0 o� o 0 k .\\ Case No. 12 -013 Introduction Page 4 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 T mage Overlay Request: Review of land disposal of a Portion of Tract C. P & Z Case # 12 -013 Block 2, USS 4871 for less than fair market value to the Kodiak Island Borough City of Ouzinkie to use for public water storage and communications purposes and other public purposes Agent: Rick Gifford beneficial to the borough. 4 4 00 -- 10 ; 't ''• . WO 444 \ . 4 . 4' . - t . 4 Subject Parcel ' ' > Qom. - • � . r 1 . 1 0f ' "'4 - . °;‘,.".." 3 .. r. • te r " yw S • � . � - • 4... - '�`.IL< x - r may+ �, . r t 4� y .ir R� !fi f , ‘ ' . .- 'YFIr '1/41. ! •i • , 40 \ :7'1. % ` Y r ...pe y -. • .411 r.... 1,...-....-.,.,,,...,,4 ' 4._ ,, 4 . ifir ?', ' ' , Oh ,", nr - ..ii • . y 'rl I + T a• M' - ce • i l or itiord,or ~ + 1 . - w . i. '. V .0 4"• ,� ' ... • •- Kodiak Island Borough GIS System , 0 105 210 420 630 840 Feel 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 -013 Introduction Page 5 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 \CO O O O 0 O O Case No. 12 -013 Introduction Page 6 of 6 Public Hearing Item 7 -C 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 Property ID Number /s Property owner's name 7/ 0 M1 LL +y Q n � - By , L, C ie S s 77 Lega Description Property owner's mailing address p � �d'llt �lti fi'/199-i// q'g Current Zoning: di' ' at/ W CO E&a>t 'V P•4 City State Zip Applicable Comprehensive Plan: 1 Kgt — q Oy Year of Plan adoption: Home phone Work Phone E -mail Addr. Present Use of Property: 14TFR •T731 - )/L / Agent's name (If applicable) u -1-, A a L N AO C ntea0 Maya) Agent's mailing address • Q (v Proposed Use of Property: 70 it limn., City Sta Zip -f'a cape a4 -f--Q. g oy fA '� /tJ kl t' ate Zip tCrn yr u cw. n Sc is Y ,a ruI cc Home phone Work Phone E -mail Addr. 11 tL�t 6 Sb - 2.51 (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /author/zed 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. 'Nf Addigonal Narrative/History ? As -built Survey _ Photographs _ Maps _ Other / 7 4 / (/� 1)1 X perty Owner's • = re ate Authorized Agent'$ $ign.ature Date • (OiM1 C1(f2tod t M r1/a r OuLta M.tE1 A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other Information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, 01993 by Rutgers University) STAFF USE ONLY PAYMENT VERIFICATION Code Section(s) Involved: _ *Zoning Change, Variance (KIBC 17.66.020) $250.00 - Fee Schedule: Conditional Use Permit (KIBC 17.67.020 -B) $250.00 (per MB Assembly Resolution Other (appearance requests, site plan review, etc.) $150.00 Eft July t, 2005) Zoning change from_ to (KIBC 17.72.030 and 30.C)' \ k L -f p D REVIC�Iaac, irx0 „,6B.4)($36LJ Less than 1,75 acres 5350.00 1.76 to 5.00 acres $759.00 Applic n ived by: / • 5.01 to 40.00 acres $14100.00 � h 40.01 acres or more $1,500.00 Staff signature k - h 1 3 Case No. 12 -013 Application Page 1 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 � CITYOFOUZINK(E } S WELLS FARGO BANK ALASKA.INA ''20370 PO BOX1OB KCDW K; AK 99615 f OUZINKIF AK996Ca _ H9�511R ' } I 7/29/2011 • . ORDER nc Kodiekls Borough . $ "350.00 • . Three Hundred Fifty and.0W100 - - - - - - noLinas 8 �' Kodiak Is IBoroigh. - - 710 NM Bay Roatl - _ - �[ A Kodiak, AK 99644 ' Disposal Review Fee 0 02037DP t 6 2 5 2000 5 71: 60 44 686 22 Se CITY OF OUZINKIE 20370 Kodiak Is. Borough 7/29/2011 Dues/Fees Admin-Re:Ouz.Res. 2011 -05 350.00 City of Ouzinkie Gene Disposal Review Fee 350.00 CRY OF OUZINKIE 20370 Kodiak Is. Borough . 7f292011 Dues/Fees Admin - Re:Ouz Res. 2011-05 C `. 350.00 \ r. ;\ I I City of Ouzinkie Gene Disposal Review Fee 35000 • fn 'O121C'lei Case No. 12 -013 Application Page 2 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 CITY OF OliZINKIE RESOLUTION 2011 -OS A Resolution Requesting the Transfer of Land Where the Old Ouzinkie Community Water Tank is Located. WHEREAS, under June "17, 1987 Kodiak Island Borough Planning and Zoning Commission Resolution 87 -02 -R the Commission requests that the Borough Assembly grant a utility easement across a portion of Block 2, Tract C, U.S.J. 4871 Ouzinkie School Site. WHEREAS, in a Kodiak Island Borough School District letter dated June 17, 1987state that "the district does our object to the facility (Water Tank Installation). WHEREAS, in a July 7, 1987 Resolution;/ 87 -41 -R "that the Kodiak Island Borough Assembly authorizes a utility easement across a portion of Block 2, Tract C, U.S.S. 4872 Ouzinkie School Site. The physical location described as the Ouzinkie School Tract across from the Third Street!" IS" Street Intersection. WHEREAS, the City o f (uzinkie still maintains a utility right -a -way on the portion of the above mentioned land, and uses the old water tank as an einetgency water source and connnunications antenna area due to signal strength. WHEREAS, the FAA house a weather cant vital to plane traffic in the Northern areas of Kodiak Island. WHEREAS, there will be a vessel tracking system installed for the safety of all varieties of sea going vessels and water Craft. BE IT FURTHER RESOLV'ED, Ouzinkie City Council respectfully requests that the Kodiak Island Borough take into consideration the deeding of the property in question to the City of Ouzinkie for less than fair marker value for a public purpose beneficial to the borough. PASSED AND APPROVED by the City of Ouzinkie this i `t' day of „ /, /,. 2011. Signed: — Dan C15rion, Mayor - Attest: '3 • t � Linda Betz, City Clerk v Case No. 12 -013 Application Page 3 of 6 LJO G '_ tC :Pt • _ _ Al Ha Y 1NCE3SARY. ' ( y EL SEGLION S g ? \ I C OE TERM, fO By / ro'� n - Y \ 4 6 7 1 \\ '■ z ' r ,l– Y ' \ '\ I _-a ! 0.1. %STEP TRANsISS N LINE • , \ t o \ -- 7 rENcE JLi tEMPORRPY l S —_ FENCE RLCN6 E.R SFNEN] \ E . a / / BOUNDARY LVES. a , E \ _ \J \ `\ ; / 1s \ \ = _ 1 w N I J I/ \ / \ � ERIE IE NIreE / ' I H1 L z O I eh 1 w ° s> e, t'— o 0 C /– d N o — `- snaTU.oER r� CLLPRM WJ • LT \ ` ] i4 KK Y i • 0 -_� J_ ry =Lf4P 4LMUT9 _ — 7 f]olE OTALIRC REl )r a 1 • n ' _ I sLw Em]crEUCE azn ` —t, et : 011403 - -, -0 .a)4 O ' — -SE F I c F : AR .- T THIRD STREET ? -o C c O .. .. _.. _. .. N Q CD = 73 tUr3Kia L('Jb h1sPoSAI REdtF m v L PR o Pose-b an" i s f}PPROX. z "o0 54 . - CD fJ co N V O 6 Public Hearing Item 7 -C P &Z September 21, 2011 1;rx � Kodiak Island Borough �t y e l i OFFICE of the MANAGER ll� � j s 710 Mill Bay Road �k " Kodiak, Alaska 99615 �, ti n Ph a y a.�. one (907) 486 -9304 Fax (907) 486 -9374 tla , , E -mail: rscholze(alkodiakak.us i To: Planning and Zoning Commission From: Bob Scholze, Resource Management Officer Date: August 1, 2011 Re: Land Disposal Review: Ptn. Tract C, Bk. 2, U.S. Survey 4871 (Ouzinkie) KIBC Code Section 18.20.030,A requires that disposal of Borough land be reviewed by the Planning and Zoning Commission before submittal to the assembly with the Commission making a recommendation to the assembly regarding the proposed disposal. By Resolution #2011 -05, the City of Ouzinkie has requested that a portion (approximately 29,000 sq. ft.) of Block 2, Tract C, U.S. Survey 4871 be disposed of by the Borough to the City of Ouzinkie for less than fair market value, as specified in KIBC 18.20.100.B, "...upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the Borough." Tract C, the large property comprising all of Block 2, contains the Ouzinkie school and has been recommended for rezone from RI to PL Public Use Land by the Commission and forwarded to the assembly for approval (Case 12 -006). A variance request for height (70 feet) and location (encroaching side yard setback) for a communication tower on the proposed disposal site will be considered by the Commission at its August, 2011 meeting. The tower is a component of the microwave system being developed by Kodiak -Kenai Cable Company to expand the terrestrial telecommunication capability provided by the Kodiak Undersea Fiber Optic Cable to outlying villages around Kodiak Island. If this disposal request is approved by the assembly, the new lot created would correspond generally to an easement that was described, but not recorded, in conjunction with assembly Resolution No. 87 -41 -R which authorized disposal by easement of Borough lands to the Public Health Service for a 250,000 gallon water storage tank to serve the City of Ouzinkie permitted as a zoning exception in 1987. This water tank still serves as the emergency water supply for the community and will remain, along with the water transmission line, on the new lot that would be created and deeded to the City of Ouzinkie for this combination of public uses. In addition, a FAA weather cam to assist with aviation traffic as well as a vessel tracking system for the safety of boats and watercraft will be located on this property. Case No. 12 -013 Application Page 5 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 Public Hearing Item 7 -G KODIAK ISLAND BOROUGH RESOLUTION NO. 87 -41 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE DISPOSAL OF CERTAIN BOROUGH LANDS IN OO'LINICIE. • WHEREAS, the U.S. Public Health Service (PH5) is assisting the City of Ourinkle in upgrading•and enlarging its community utility system, including ,' water and sewer lines; and ,j WHEREAS, due to favorable topographic Conditions, PBS requests a utility easement across Borough-owned property for the siting of a water 'i storage tank and water transmission line, and WHEREAS, this use of Borough land will serve to enlarge and improve f l infrastructure needs of the ccanunity of Oerinkie to allow for future growth • i and development; and WHEREAS, the Planning and Zoning Commission at the Jame 17, 1987 meeting held an advertised and noticed public hearing and recoMeands approval of this request. NOM, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough •i Assembly authorizes a utility easement across a Portion of Block 2, Tract C, I U.S.S. 4871 Wrinkle School Site. • PASSED AND APPROVE) this 7 day of July , 1987 by the • Kodiak Island Borough Aaombly. • KCDIAK ISLAND BOROUGH • 1 By h Mayor 1 By B ep d i ding Officer I � ARtBT, I f .y/ Sor J lark ; Bark Application - Page 19 of 26 Case No. 12 -013 Application Page 6 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 %F ) Kodiak Island %t ®rough / Community Development Department 710 Mill Bay Road Room 205 4 - Q . '� ' / Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us August 8, 2011 Mr. Rick Gifford, Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Case 12 -013. Request a review of land disposal of a Portion of Tract C, Block 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 go the borough. Dear Mr. Gifford: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their September 21, 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, September 14, 2011 at 6:30 p.m. in the Borough Conference Room 0121), 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, e._Qac cn Sheila Smith, Secretary Community Development Department CC: Dan Clarion, City of Ouzinkie Mayor Case No. 12 -013 Public Comment Page 1 of 6 Public Hearing Item 7 -C 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 -C 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 -013 APPLICANT: Kodiak Island Borough AGENT: Rick Gifford, Manager REQUEST: 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 go the borough. LOCATION: Ouzinkie School Site ZONING: PL Public Use Lands 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 them to ssmith(2l kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. 'fhe local call -in telephone number is 486 -3231. 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 -013 Public Comment Page 2 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 Current Location Request a Review of land disposal of a Portion of Ouzninke School Site Tract C, Bk 2, USS 4871 for less than fair market P & Z Case 1 hoof value to the City of Ouzinkie to use for public water storage and communications purposes and other Kodiak Island Borough public purposes beneficial go the borough. � ��° a 6B / F�C� 6A 8 ` 13'1 pF °^ vs' 5 6 O pn^ p , 2 � © b p1 ° ''a to , ® 5 O 5 r / 11 4\ ®' ® ® U SS 3885 (sa a �. (1) 414 .140r < 61 a5 8 011 Approximate Location °?() . NMIZO TR C CC , BLOCK 2 < 'L9 .f � ® ,° i.k 4 ° 2 °ry 4, 460,1* e t f2 .9ry O 5 u. o'll a „.0 4 411:„ „ ,,, )5 ilir4 4 44 St 4 4 ° 2A 0 tO 1 1 USS 3169 Kodiak Island Borough GIS N ei., Legend µ i� E con _ Feet \'� 0 200 4 I I 800 O Notification Area s This map was prepared from the Kodiak Island Borough's GIS System. II 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 -013 Public Comment Page 3 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 ALEX AMBROSIA EMIL ANDERSON ESTATE • JAMES ANDERSON ETAL PO BOX 36 P.O. BOX 50 9499 BRAYTON DR #86 OUZINKIE, AK 99644 OUZINKIE, AK 99644 ANCHORAGE, AK 99507 CHRISTOPHER & SHARON TERRIE BOSKOFSKY GALE BOSKOFSKY BOSKOESKY PO BOX 22 PO BOX 33 3811 W. 74TH ST„ APT. C OUZINKIE, AK 99644 OUZINKIE, AK 99644 ANCHORAGE, AK 99502 ZACK CHICHENOFF LOVE CHICHENOFF- PANAMARIOFF ANDRE \V CHRISTOFFERSON P.O. BOX 75 PO BOX 15 PO BOX 8701 OUZINKIE, AK 99644 OUZINKIE, AK 99644 KODIAK, AK 99615 ANDY CHRISTOFFERSON SR CITY OF OUZINKIE DANNY CLARION 1516 F. REZANOF DR. P.O. BOX 109 PO BOX 29 KODIAK, AK 99615 OUZINKIE, AK 99644 OUZINKIE, AK 99644 MEREDITH EATON MICHAEL EISENBAUMER WILLIS GARNER P.O. BOX 74 221 DENALI ST. #2 P.O. BOX 6B OUZINKIE, AK 99644 ANCHORAGE, AK 99501 OUZINKIE, AK 99644 ARTHUR HAAKANSON ROGER JOHNSON NICHOLAI KATELNIKOFF PO BOX I P O BOX 66 PO BOX 170 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 KODIAK BAPTIST MISSION KODIAK ISL HSG AUTHORITY KODIAK ISL HSG VELORIA CHEEK, ESQ. 3137 MILL BAY RD AUTHORITYTFHEOD PO BOX 851 - KODIAK, AK 99615 3137 MILL BAY RD VALLEY FORGE, PA 19482 KODIAK, AK 99615 KODIAK ISLAND BOROUGH SHEILA LEINBERGER NIT. MCKINLEY FAMILY TRUST 710 MILL BAY RD PO BOX 1230 2428 GLENWOOD KODIAK, AK 99615 BETHEL, AK 99559 ANCHORAGE, AK 99508 JACKIE MULLER VICKIE L NOVAK HANS OLSENJR GENERAL DELIVERY 3304 IOWA ST #5 1221 W. KOUSKOV ST OUZINKIE, AK 99644 ANCHORAGE, AK 99517 KODIAK, AK 99615 MUNICIPALITY OF OUZINKIE OUZINKIE TRIBAL COUNCIL TIM PANAMARIOFF JR P 0 BOX 109 P 0 BOX 130 P.O. BOX 54 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 Case No. 12 -013 Public Comment Page 4 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 CLIFFORD PANAMARIOFF SR JOHN PESTRIKOFF NICHOLAS PESTRIKOFF P O BOX 74 P.O. BOX 266 P.O. BOX 49 OUZINKIE, AK 99644 KODIAK, AK 99615 OUZINKIE, AK 99644 JANELLE SHANAGIN DAN SODERBERG TRICIA SQUARTSOFF PO BOX 64 PO BOX 28 PO BOX 150 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 THEODORE SQUARTSOFF MARTIN SQUARTSOFF HERMAN SQUARTSOFF P.O. BOX 77 PO BOX 51 PO BOX 189 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 JOHN SQUARTSOFF PETER SQUARTSOFF ETAL TRACIE SQUARTSOFF MINOR PO BOX 117 C/O HERMAN SQUARTSOFF C/O BIA OUZINKIE, AK 99644 PO BOX 70 3601 C ST. #1100 PORT LIONS, AK 99550 ANCHORAGE, AK 99503 Case No. 12 -013 Public Comment Page 5 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 \0 1Q.* 0 O 0 O 2 0 o� o ° O . Case No. 12 -013 Public Comment Page 6 of 6 Public Hearing Item 7 -C P &Z September 21, 2011 MEMORANDUM DATE: September 9, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 18, 2011 Regular Meeting CASE: 12 -013 APPLICANT: Kodiak Island Borough AGENT: Rick Gifford REQUEST: Review of land disposal of a Portion of Tract C, Block 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. LOCATION: NHN Ouzinkie ZONING: R -1 Single Family Residential Zoning Forty -two (42) public hearing notices were distributed on August 8, 2011. Date of site visit: 1. Zoning History: The 1968 Comprehensive Plan did not reference zoning for this area. Ordinance 77 -15 -0 zoned all previously unclassified properties as C — Conservation. Ordinance 77- 19-0 rezoned all lands within Ouzinkie city limits, including Tract C Block 2, to R -1 Single Family Residential Zoning District. 2. Location: Physical: 205 Spruce Drive Legal: Portion Tract C, Block 2, United States Survey 4871 3. Lot Size: Approximately 29,000 square feet 4. Existing Land Use: Combined school facility 5. Surrounding Land Use and Zoning: North: Remainder portion of Tract C, United States Survey 4871 Use: Combined school facility Zoning: R -1 Single Family Residential Zoning South: Ouzinkie Block 3 Lots 1 & 2 Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning South: Ouzinkie Block 2 Lot 6 Use: Vacant Zoning: - R -1 Single Family Residential Zoning Case No. 12 -013 Staff Rpt Page 1 of 4 Public Hearing Item 7 -C P &Z September 21, 2011 East: Ouzinkie Block 9 Lot 10 Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning West: Remainder portion of Tract C, United States Survey 4871 Use: Combined school facility Zoning: R -1 Single Family Residential Zoning 6. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update depicts this area as Public Use / Religious. 7. Applicable Regulations: The following sections of Title 18 (Borough Real Property) of the Borough Code are applicable to this request: Kodiak Island Borough Title 18 (Borough Real Property) 18.20.010 Application of chapter and title to real property disposal. A. Except as this title provides otherwise, this chapter governs all disposal of borough land. B. No contract, lease or conveyance pertaining to the disposal of real property by the borough may be enforced against the borough unless the contract, lease or conveyance was awarded, approved and executed in accordance with this title. C. This section shall not be construed to invalidate any contract, or any legal or equitable interest in real property, existing prior to its enactment. 18.20.020 Disposal authority. Except where this title or another provision of law establishes a specific mandatory procedure for disposing of borough land, the borough may dispose of borough land in any manner not prohibited by law. 18.20.030 Review by planning commission — Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. B. Borough land disposals that are not subject to approval by ordinance are subject to approval by assembly resolution. The resolution shall specify the terms and conditions upon which the disposal will be offered. Case No. 12 -013 Staff Rpt Page 2 of 4 Public Hearing Item 7 -C P &Z September 21, 2011 STAFF COMMENTS This request is before the Commission pursuant to KIBC18.20.030, which requires Planning & Zoning Commission review prior to a disposal of Borough lands. Staff believes that the Borough Resource Manager, Mr. Robert Scholze, has succinctly summarized the issue(s) and effectively described the intended beneficial uses derived from the disposal action. Re- iterating Mr. Scholze's narrative, "KIBC Code Section 18.20.030.A requires that disposal of Borough land be reviewed by the Planning and Zoning Commission before submittal to the assembly with the Commission making a recommendation to the assembly regarding the proposed disposal. By Resolution #2011 -05, the City of Ouzinkie has requested that a portion (approximately 29,000 sq. ft.) of Block 2, Tract C, U.S. Survey 4871 be disposed of by the Borough to the City of Ouzinkie for less than fair market value, as specified in KIBC 18.20.1 OO.B, " ...upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the Borough." Tract C, the large property comprising all of Block 2, contains the Ouzinkie school and has been recommended for rezone from RI to PL Public Use Land by the Commission and forwarded to the assembly for approval (Case 12 -006). A variance request for height (70 feet) and location (encroaching side yard setback) for a communication tower on the proposed disposal site will be considered by the Commission at its August, 2011 meeting. The tower is a component of the microwave system being developed by Kodiak -Kenai Cable Company to expand the terrestrial telecommunication capability provided by the Kodiak Undersea Fiber Optic Cable to outlying villages around Kodiak Island. If this disposal request is approved by the assembly, the new lot created would correspond generally to an easement that was described, but not recorded, in conjunction with assembly Resolution No. 87 -41 -R which authorized disposal by easement of Borough lands to the Public Health Service for a 250,000 gallon water storage tank to serve the City of Ouzinkie permitted as a zoning exception in 1987. This water tank still serves as the emergency water supply for the community and will remain, along with the water transmission line, on the new lot that would be created and deeded to the City of Ouzinkie for this combination of public uses. In addition, a FAA weather cam to assist with aviation traffic as well as a vessel tracking system for the safety of boats and watercraft will be located on this property." Case No. 12 -013 Staff Rpt Page 3 of 4 Public Hearing Item 7 -C P &Z September 21, 2011 RECOMMENDATION Staff believes that the applicant has correctly characterized this property disposal as beneficial to the City of Ouzinkie, the wider population of the Borough, and, that the designated tract is surplus to any Borough need. Staff recommends forwarding this request for disposal of Borough lands to the Borough Assembly with a resolution of positive recommendation. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning & Zoning Commission Resolution No. FY 2012- 02 and to adopt the findings in that staff report dated September 9, 2011, as "Findings of Fact" for Case 12 - 013. FINDINGS OF FACT [1] The Commission has reviewed the subject property's current and proposed uses. [2] The Commission finds that the current and proposed future uses of the subject property comply with the original intent of Kodiak Island Borough Resolution No. 87 -41 -R. [3] The Commission finds that the disposal will allow the use of the land for a public purpose beneficial to the borough. 1 See Appendix Page 1 and 2 Case No. 12 -013 Staff Rpt Page 4 of 4 Public Hearing Item 7 -C P &Z September 21, 2011 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION RESOLUTION NO. FY 2012 -02 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF a Portion of Tract C Block 2 United States Survey 4871 (City of Ouzinkie). WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.30 requires each disposal of Borough land to be reviewed by the Planning & Zoning Commission before submission to the Assembly; and, WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a recommendation on the disposal by resolution before it is forwarded to the Borough Assembly; and, WHEREAS, the principal purpose of the Commission is to considered if the land identified is surplus to the Borough's need; and, WHEREAS, the proposed disposal parcel had previously been identified for disposal by means of the grant of a utility easement to the City of Ouzinkie approved by the Borough Assembly via Resolution 87 -41 -R; and, WHEREAS, the Planning & Zoning Commission has found that the current and proposed future use of the parcel conforms with the intent of said resolution; and, WHEREAS, the Planning & Zoning Commission held a public hearing on September 21, 2011 and is recommending the disposal of this parcel. Case No. 12 -013 Appendix Page 1 of 2 Public Hearing Item 7 -C P &Z September 21, 2011 NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISION THAT: Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, determines that a Portion of Tract C Block 2 United States Survey 4871, as described in the existing utility easement, is surplus to the public's need. Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance with Title 18 of the Kodiak Island Borough Code, recommends that the Kodiak Island Borough Assembly approve for disposal the property identified as a Portion of Tract C Block 2 United States Survey 4871, as described in the existing utility easement. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION THIS 21st DAY OF SEPTEMBER, 2011 PLANNING & ZONING COMMISSION Alan Torres, Chair ATTEST Sheila Smith, Secretary Case No. 12 -013 Appendix Page 2 of 2 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — February 23, 2012 SUMMARY APPROVED: Motion to enter into Executive Session for the purpose of discussing negotiations and to include Superintendent Stewart McDonald, Assistant Superintendent Marilyn Davidson and Chief Financial Officer Luke Fulp. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting — February 20, 2012 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda and Consent Agenda to include: *Approval of Minutes - Regular Meeting Minutes of January 23, 2012, and Special Meeting Minutes of January 28, 2012, February 2, 2012, and February 6, 2012, as presented. *Approval of out -of -state student travel for Kodiak High School Key Club members as presented. PRESENTED: School Board President MELISSA BORTON presented Spirit of Youth nomination recognition certificates to Kodiak High School Students Wendi Castellon, Danielle Willis and Hannah Dunbar. PRESENTED: School Board President MELISSA BORTON presented certificates of appreciation to Ouzinkie Volunteer of the Month Chandra Wommack, and North Star Elementary School Volunteers of the Month Natasha Kutchick and Diane Gould. PRESENTED: School Board President MELISSA BORTON presented certificates of appreciation to Sergeant At Arms Gabrielle Nachel and Pages Maggie Brown and Chelsea Jackson. PUBLIC HEARING: School Board President MELISSA BORTON opened a Public Hearing to allow for comments from members of the community regarding the FY13 preliminary budget. No comment was given. APPROVED: Motion to acknowledge receipt of the December 201 1 Report of Revenues and Expenditures, year -to -date general fund revenues in the amount of $17,767,293 and year -to -date general fund expenditures in the amount of $15,374,387. APPROVED: Motion to allow student C.A. to enroll at the Learning Cafe for the remainder of the 2011/2012 school year to complete the requirements for a high school diploma and to waive tuition. Kodiak Island Borough School District Board of Education Regular Meeting — February 20, 2012 SUMMARY Page 2 of 2 APPROVED: Motion to accept the FY12 Title I -A School Improvement 1003(a) Grant Amendment in the amount of $5,338, for a total grant award of $15,502. APPROVED: Motion to accept the FY12 Special Education IDEA Grant Amendment in the amount of $16,505, fora total grant award of $773,839. APPROVED: Motion to enter into Executive Session for the purpose of providing direction to Spokesperson John Sedor for negotiations in relation to FY13 preliminary budget discussions and to include Superintendent Stewart McDonald, Assistant Superintendent Marilyn Davidson, and Chief Financial Officer Luke Fulp. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org and on BoardDocs at http://www.boarddocs.com/ak/kodiak/Board.ns /Public Kodiak Island Borough Assembly Regular Meeting Guidelines March 15, 2012, 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 Assembly member Kaplan who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the 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 — None. 6. AWARDS AND PRESENTATIONS A. Employee of the Year Award — Manager Gifford 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 Kodiak Island Borough Assembly Guidelines March 15, 2012 Page 1 9. PUBLIC HEARING A. Ordinance No. FY2012 -18 Rezoning D -2 of Tract A, Bells Flats, Alaska Subdivision From I- Industrial To LI -Light Industrial (P &Z Case 12 -027). Recommended motion: Move to adopt Ordinance No. FY2012 -18. Clerk's Note: Five public hearing notices were mailed on Monday, March 5. No public hearing responses were received by the Clerk's office. Staff report — Manager Gifford Open public hearing. Read phone number: Local is 486 -3231. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Approval of Change of Contractor for Solid Waste Collection Contract Due to Buyout of Alaska Pacific Environmental Services of Anchorage, LLC dba Alaska Waste. The motion that is before the Assembly is to authorize the manager to execute the amended consent assignment to approve the change of contractor for Solid Waste Contract due to buyout of Alaska Pacific Environmental Services of Anchorage, LLC DBA Alaska Waste. Clerk's Note: Attached on yellow paper is a copy of the Acknowledgment & Consent to Assignment (Pg. 1) with amendment. Staff Report — Manager Gifford Recommended motion: Move to reverse the amendment taken at the last regular meeting of the Assembly by deleting the words "or any other persons" in the second sentence of the third paragraph. ROLL CALL VOTE ON MOTION TO REVERSE AMENDMENT. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION. Kodiak Island Borough Assembly Guidelines March 15, 2012 Page 2 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2012 -25 Disposal of Borough Owned Land to the City of Ouzinkie for Less Than Fair Market Value (P &Z Case 12 -013). Recommended motion: Move to adopt Resolution No. FY2012 -25. Staff report — Manager Gifford Assembly discussion and amendments may be 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. C. Ordinances for Introduction — None. D. Other. Items — None. 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 Mayor and members of the Assembly will be traveling to Juneau to attend the 2012 Kodiak Island Community Legislative Reception on Wednesday, March 21. We would like to thank those who co- sponsored this event. The next Assembly work session will be held on Thursday, March 29 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, April 5 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 March 15, 2012 Page 3 / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET O Regular ✓ Special Date: OA I 5 ao (d Convened: ' R ` e ` cessed: Reconvened: Adjourned: ,\ e r BY: ;( O`1 BY: pc V ' ^"u v- BY: t 1- .�v BY: `�ir/'l 1� BY: ct� vaalt SECOND: , e � ,1,\ SECOND SECOND: 9n6 SECOND: b SECOND: ( pi a ci ct (Al; w G2 k s w e+r cc- , Prow of fiLn oe v, , ,„., au: v. _ r 0,,,i- 0\, pv,v;d4a,(y, K., \..\.( .. „• • YES ....NO., z YES... NO _ . . -. YES NO - • _ YES NO 3' =' - - YES ':NO. Ms. Austerman ✓ Ms. Austerman Ms. Austerman 4s. Austerman ✓ Ms. Austerman V Mr. Bonney V Mr. Bonney Mr. Bonney Mr. Bonney I / v1r. Bonney ti Mr. Friend ✓ Mr. Friend Mr. Friend Mr. Friend ✓' Mr. Friend ✓ Mr. Kaplan V • = • - - Mr. Ka, - • . ... T r. ' ap an Ms. Lynch ✓ Ms. Lynch Ms. Lynch Ms. Lynch V. Ms. Lynch , / Mr. Stephens V/ Mr. Stephens Mr. Stephens Mr. Stephens , / Mr. Stephens v Ms. Stutes ✓ Ms. Stutes Ms. Stutes Ms. Stutes 1/ / Ms. Stutes / •.(CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?,. . `.`' TOTAL: TOTAL: TOTAL: TOTAL: ( 0 TOTAL: L 01 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" V • I I KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET '1 Regular V Special Date: 0 /l I , -bet?, ( Convened: Recessed: Reconvened: Adjourned:0 7 .39 I. du. P BY: BY: c u4l v' �Aail_i BY: ` r t""` - V ` BY: BY: U SECOND: SECOND: T SECOND: 1 \A 4I n,ruSECOND: SECOND: p r G e e - - =YES. NO • - . YES .NO' YES - .NO YES NO. YES NO_ Ms. Austerman ✓ Ms. Austerman . V / Ms. Austerman V / Ms. Austerman Ms. Austerman Mr. Bonney VI Mr. Bonney . / Mr. Bonney ✓ Mr. Bonney Mr. Bonney Mr. Friend �fL ✓ Mr. Friend V. / Mr. Friend Mr. Friend Mr. Friend dp Mr- l4aplar -. V . ... Mr Kaplan — Ms. Lynch ✓ / Ms. Lynch Ay ✓ Ms. Lynch ✓ Ms. Lynch Ms. Lynch V Mr. Stephens Mr. Stephens ✓ Mr. Stephens., ✓ Mr. Stephens Mr. Stephens Ms. Stutes V Ms. Stutes ✓ Ms. Stutes V Ms. Stutes Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?l; TOTAL: L TOTAL: K V TOTAL: k 0 TOTAL: TOTAL: The mayor may of vote except in the case w ere 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: «MLH I S, aDial Please PRINT your name Please PRINT yourn �a e ifereS sAc/e'r 4/ (4,r c\\\\W ce-10 7 .11 S\H)