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2012-04-19 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, April 19, 2012, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk () are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of April 5, 2012. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award B. Student of the Month for April 2012 C. Month of the Military Child Proclamation 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 - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None. 13. NEW BUSINESS A. Contracts - None. B. Resolutions 1. Resolution No. FY2012 -26 Authorizing the Issue of Kodiak Island Borough General Obligation Refunding School Bonds, 2012 in One or More Series in the Principal Amount of Not to Exceed $12,180,000 to Refund Certain Outstanding General Obligation School Bonds of the Borough, Fixing Certain Details of Such Bonds and Authorizing Their Sale. 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 C. Ordinances for Introduction 1. Ordinance No. FY2012 -19 Rezoning a Tract of Land Located in Old Harbor From R1- Single Family Residential To I- Industrial (P &Z Case 12 -030, Sage Technologies, LLC). 2. Ordinance No. FY2012 -20 Amending Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax By Adding Section 3.35.085 Method of Determining the Assessed Value of Property That Qualifies for a Low Income Housing Tax Credit Under 26 USC 42. D. Other Items - None. 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 March 13, 2012. B. Reports 1. Kodiak Island Borough Comprehensive Annual Financial Report and Federal and State Single Audit Reports and Supplementary Information. 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 April 5, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, April 5, 2012, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tuck Bonney, Jerrol Friend, Dave Kaplan, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Manager Rick Gifford, Engineering and Facilities Project Manager Ken Smith, Finance Director Karl Short, Borough Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA FRIEND moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of March 1 and March 15, 2012, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the Month of April 2012 as Child Abuse Prevention Month and called upon all citizens to increase their participation in the efforts to prevent child abuse; thereby, strengthening the communities in which we live. Mayor Selby proclaimed the Month of April 2012 as Sexual Assault Awareness Month and encouraged all residents to support local activities and programs which assist victims by learning more about the pervasiveness of sexual assault in Alaska so this heinous crime could be eliminated. CITIZENS' COMMENTS Barry Altenhof, School District Coordinator of Career and Technical Programs, spoke in support of and provided detailed information on the proposed authorization of the Kodiak High School Career Technical Student Organization to complete the E/F Projects Office conference room addition. Michelle Griffin spoke in support of the Borough Assembly funding the school district budget to the cap. Donald Pate, Providence Kodiak Island Medical Center Environmental Service and Security Manager, thanked the Borough and the Assembly for the support of Alaska Shield 2012. Kodiak Island Borough Assembly Minutes April 5, 2012 Page 1 COMMITTEE REPORTS Don Rush, Providence Kodiak Island Medical Center Director, provided an annual update to the Assembly and spoke on: PKIMC's new EPIC medical records system, the annual employee satisfaction survey, PKIMC's capital improvement budget, and annual statistics regarding the hospital's operation of business. Assembly member Kaplan reported that the Kodiak College Advisory Committee would hold a meeting on April 6 at 7 a.m. Assembly member Stutes reported on the Alaska Department of Environmental Conservation (ADEC) recreational shellfish beach monitoring pilot program. If the Assembly was interested in the Borough's participation in the program, a letter of intent was required by April 6 at 4:30 p.m. Consensus of the Assembly was to provide a letter of intent to ADEC. Assembly member Friend reported on the Joint Building Code Review Committee (JBCRC) and its efforts of reviewing and adopting the International Building Code, Edition 2009. The next JBCRC meeting would be held on Monday, April 16 at 4 p.m. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Gifford provided information to the Assembly on reports provided by Borough Lobbyists Brad Gilman and Mark Hickey. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended community members for efforts towards clearing the Baranof Track in order to hold a high school track meet over the weekend. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Approval of Change Order No. 11 Permitting and Design for Onsite Leachate Treatment Plant Which Amends Contract No. FY2007 -22 Landfill Lateral Expansion Design and Construction Services. BONNEY moved to authorize the Manager to execute Change Order No. 11 Permitting and Design for Onsite Leachate Treatment Plant to CH2M Hill, Inc. which amends Contract No. FY2007 -22 for the Kodiak Landfill Lateral Expansion in the amount not to exceed $742,930. This change order was to amend contract 2007 -22 by change order #11 in the amount of $742,930 for permitting and design of the Onsite Leachate Treatment Plant. Scope of Work was provided. This change order also extended the performance period to expire on June 28, 2013. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Bonney, Friend, Kaplan, and Lynch (Ayes); Stutes and Stephens (Noes). Kodiak Island Borough Assembly Minutes April 5, 2012 Page 2 Resolutions None. Ordinances for Introduction None. Other Items 1. Assembly Direction to the Treasurer /Finance Director to Publish the 2011 Roll of Real Properties Subject to Foreclosure. KAPLAN moved to direct the Finance Director to proceed with the foreclosure publication beginning May 11,2012. Per KIBC 3.35.160 Preparation of the foreclosure list. When the assembly elects to proceed under the Alaska Statutes to enforce the lien of taxes against real property, the treasurer shall, within such time as the assembly directs, make up a roll in duplicate of all real property subject to foreclosure. The rolls shall show the name of each person appearing on the latest tax roll as the owner of tax - delinquent property, a description of each property as it appears on the latest tax roll, the year or years for which the taxes are delinquent, the amount of delinquent taxes for each year and penalty and interest thereon accruing the day six months after the day of delinquency of taxes of the latest year. The treasurer shall endorse on the roll a certificate under his hand and the corporate seal that it is a true and correct roll of the delinquent taxes of the borough for the years shown. The roll shall be known as the foreclosure list of the borough for the year in which it is made up, and the original of it shall be filed with the clerk and remain open to inspection by the public. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Friend, Kaplan, Lynch, Stutes, and Bonney (Ayes); Stephens (No). 2. Approval of a Grant Award in the Amount of $15,000 to Kodiak High School Career Technical Student Organization and $24,000 for Purchase of Materials and Equipment to Complete a Projects Office Conference Room Addition. LYNCH moved to award a grant in the amount of $15,000 to KHS Career Technical Student Organization and approve $24,000 for purchase of materials and equipment to complete the addition. Kodiak Island Borough solicited bids to construct an addition between the two existing Borough owned cottages on Egan Way to serve as a conference room for use by staff and contractors during the construction of the Kodiak High School (KHS) Renovation and Remodel project. Wolverine Construction of Wasilla, AK was the low bidder at $96,000 for the 288sf addition ($333/sf). Negotiations with the contractor brought the cost down to $77,000. This was still substantially above the estimate of $50,000 for the simple addition. Alternate means of providing the addition were investigated and after discussions with KHS the Borough received a Proposal from the KHS Career Technical Education (CTE) to use the addition as an instructional project for KHS construction students. They proposed that the Borough provide a grant in the amount of $15,000 to the KHS CTE program to be used for student stipends and for supporting the Career Tech Student Organizations (CTSOs) in exchange for timely completion of the Kodiak Island Borough Assembly Minutes April 5. 2012 Pape 3 project. Materials and equipment to finish the addition were estimated at $24,000. Total estimated cost of the project was $39,000. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Kaplan, Lynch, Bonney, and Friend (Ayes); Stutes and Stephens (Noes). CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes spoke on acquiring a project manager for the KHS Renovation and Remodel project. Assembly member Stephens spoke to the Assembly working together towards the same ends. Assembly member Friend spoke on the upcoming budget meetings. Assembly member Lynch thanked Mr. Rush for providing his report to the Assembly. Assembly member Kaplan thanked the Kodiak Womens Resource and Crisis Center for its efforts for the community. Announcements The next Assembly work session would be held on Thursday, April 12 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, April 19 at 7:30 p.m. in the Borough Assembly Chambers. The Assembly and City Council would hold a joint work session on Tuesday, April 17 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Bonney, Friend, and Kaplan. The meeting was adjourned at 8:40 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Adopted on: Kodiak Island Borough Assembly Minutes April 5, 2012 Page 4 KODIAK ISLAND BOROUGH { AGENDA STATEMENT REGULAR MEETING OF: APRIL 19, 2012 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2012- Authorizing the Issue of Kodiak Island Borough General Obligation Refunding School Bonds, 2012 in One or More Series in the Principal Amount of Not to Exceed $12,180,000 to Refund Certain Outstanding General Obligation School Bonds of the Borough, Fixing Certain Details of Such Bonds and Authorizing Their Sale. ORIGINATOR: Finance Director FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: APPROVAL FOR AGENDA: d e-v"c Q _ / SUMMARY STATEMENT: Interest rates on government bonds have been getting lower for some time. Because of this, the Borough can refinance part of the 2004C and 2004D bond issues at a lower interest rate than we are now paying. Based on the current market, the Borough and State would receive a present value savings of $595,856. As the market changes until these bonds are sold this amount can change, both up and down. RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 i Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Finance Director 3 Drafted by: Finance Director Introduced on: 04/19/2012 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2012 -26 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AUTHORIZING THE ISSUE OF KODIAK ISLAND BOROUGH 11 GENERAL OBLIGATION REFUNDING SCHOOL BONDS, 2012 IN ONE 12 OR MORE SERIES IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED 13 $12,180,000 TO REFUND CERTAIN OUTSTANDING GENERAL 14 OBLIGATION SCHOOL BONDS OF THE BOROUGH, FIXING CERTAIN 15 DETAILS OF SUCH BONDS AND AUTHORIZING THEIR SALE 16 17 18 WHEREAS, there are now outstanding $5,485,000 of the General Obligation School 19 Bonds, 2004 Series A of the Borough maturing on or after July 1, 2015 issued under 20 ordinance No. 2004 -12 of the Borough (the "2004 A Bonds "); and 21 22 WHEREAS, there are now outstanding $6,695,000 of the General Obligation School 23 Bonds, 2004 Series B of the Borough maturing on or after November 1, 2015 issued under 24 Ordinance No. FY2005 -08 of the Borough (the "2004 B Bonds "); and 25 26 WHEREAS, the Assembly finds that it is in the best interest of the Borough to provide for 27 the refunding, including payment of principal of, premium, if any, and interest on, those 28 maturities of the 2004 A Bonds and the 2004 B Bonds (together, the "Refunded Bonds ") 29 whose refunding the Borough Manager or Borough Finance Director determines will 30 produce the debt service savings described in this resolution, by the issuance of general 31 obligation refunding bonds in the aggregate principal amount of not to exceed $12,180,000 32 (the "Bonds "); and 33 34 WHEREAS, Section 29.47.320 of the Alaska Statutes provides that general obligation 35 refunding bonds may be issued without an election and that their issuance may be 36 authorized by resolution, and Section 29.47.410 of the Alaska Statutes provides that the 37 Assembly by resolution or resolution may provide for the form and manner of sale of bonds 38 and notes; and 39 40 WHEREAS, the Assembly finds that it is necessary and appropriate to delegate to each 41 of the Borough Manager and Borough Finance Director authority to determine the maturity 42 amounts, interest rates and other details of the Bonds, the amount of Bond proceeds and 43 the obligations necessary to effect the refunding of the Refunded Bonds, and to determine 44 other matters that are not provided for in this resolution; and 45 46 WHEREAS, the Alaska Municipal Bond Bank and the Borough intend to enter into 47 Amendatory Loan Agreements, which amend the Loan Agreements dated as of July 1, 48 2005 and December 1, 2005, each between the Alaska Municipal Bond Bank and the Kodiak Island Borough Resolution No. FY2012 -26 Page 1 of 11 49 Borough, to provide for the refunding of the Refunded Bonds through their exchange for 50 refunding bonds to be issued by the Borough, and related matters. 51 52 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 53 ISLAND BOROUGH : 54 55 Section 1: Definitions. The following terms shall have the following meanings in this 56 resolution: 57 58 (a) "Amendatory Loan Agreements" means the Amendatory Loan 59 Agreements between the Borough and the Bond Bank, amending each of 60 the Loan Agreements for the 2004 A Bonds and 2004 B Bonds to provide 61 for the refunding of the Refunded Bonds through their exchange for the 62 Bonds, and related matters. 63 64 (b) "Assembly" means the Assembly of the Kodiak Island Borough, as 65 the general legislative authority of the Kodiak Island Borough, as the same 66 shall be duly and regularly constituted from time to time. 67 68 (c) "Bond" or "Bonds" means any of the "Kodiak Island Borough 69 General Obligation School Refunding Bonds, 2012" of the Kodiak Island 70 Borough, in one or more series, the issuance and sale of which are 71 authorized herein. 72 73 (d) "Bond Bank" means the Alaska Municipal Bond Bank, a public 74 corporation of the State of Alaska. 75 76 (e) "Bond Bank Bonds" means the General Obligation and Refunding 77 Bonds, 2012 Series Two of the Bond Bank. 78 79 (f) "Bond Register" means the registration books maintained by the 80 Paying Agent as Bond registrar, which include the names and addresses of 81 the owners or nominee of the owners of the Bonds. 82 83 (g) "Borough" means the Kodiak Island Borough, a municipal 84 corporation of the State of Alaska, incorporated as a second class borough 85 under the laws of the State of Alaska. 86 87 (h) "Code" means the Internal Revenue Code of 1986, as amended 88 from time to time, together with all regulations applicable thereto. 89 90 (i) "Cost" or "Costs" means allocable portions of direct costs of the 91 Borough, legal fees, costs of issuance of the Bonds by the Borough, 92 including financing charges and fees and expenses of bond counsel, 93 financial advisors and consultants in connection therewith, and all other 94 expenses necessary or incidental thereto. 95 Kodiak Island Borough Resolution No. FY2012 -26 Page 2 of 11 96 0) "Loan Agreements" means the Loan Agreements between the 97 Borough and the Bond Bank dated as of July 1, 2004 for the Series A Bonds 98 and December 1, 2004 for the Series B Bonds, as amended by the 99 Amendatory Loan Agreements. 100 101 (k) "2004 A Bonds" means the $5,485,000 of the General Obligation 102 School Bonds, 2004 Series A of the Borough, maturing on or after July 1, 103 2015. 104 105 (I) "2004 B Bonds" means the $6,695,000 of General Obligation School 106 Bonds, 2004 Series B of the Borough, maturing on or after November 1, 107 2015. 108 109 (m) "Refunded Bonds" means the maturities and sinking fund 110 installments of the 2004 Bonds whose refunding is approved by the 111 Borough Manager or Borough Finance Director under Section 16 hereof. 112 113 (n) 'Registered Owner" means the person named as the registered 114 owner of a Bond in the Bond Register. 115 116 (o) 'Registrar" means the Borough Finance Director. 117 118 (p) "Resolution" means this Resolution No. FY2012 - _ of the Borough. 119 120 Section 2: Authorization of Bonds and Purpose of Issuance. For the purpose of 121 providing part of the funds required to pay the Costs, and to provide 122 beginning cash to effect the refunding of the Refunded Bonds in the 123 manner and at the times hereinafter set forth, to provide for original issue 124 discount, if any, and to pay all costs incidental thereto and to the issuance 125 of the Bonds, the Borough hereby authorizes and determines to issue and 126 sell the Bonds in the aggregate principal amount of not to exceed 127 $12,180,000. 128 129 Section 3: Obligation of Bonds. The Bonds shall be direct and general obligations of 130 the Borough and the full faith and credit of the Borough are hereby pledged 131 to the payment of the principal of and interest on the Bonds. The Borough 132 hereby irrevocably pledges and covenants that it will levy and collect taxes 133 upon all taxable property within the Borough without limitation as to rate or 134 amount, in amounts sufficient, together with other funds legally available 135 therefor, to pay the principal of and interest on the Bonds as the same 136 become due and payable. 137 138 Section 4: Designation, Maturities, Interest Rates, and Other Details of Bonds. The 139 Bonds may be issued in one or more series and shall be designated the 140 "Kodiak Island Borough General Obligation School Refunding Bonds, 141 2012." The Bonds shall be in the denomination of $5,000 or any integral 142 multiple thereof, shall be numbered separately in the manner and with such Kodiak Island Borough Resolution No. FY2012 -26 Page 3 of 11 143 additional designation as the Registrar deems necessary for purposes of 144 identification, and may have endorsed thereon such legends or text as 145 may be necessary or appropriate to conform to the rules and regulations of 146 any governmental authority or any usage or requirement of law with 147 respect thereto. 148 149 The dated date, the principal and interest payment dates, the aggregate 150 principal amount, the principal amount of each maturity, and the interest 151 rates on the Bonds shall be determined at the time of execution of the 152 Amendatory Loan Agreement under Section 16 hereof. 153 154 Section 5: Redemption. The Bonds are subject to redemption as provided in the Loan 155 Agreements. 156 157 Section 6: Form of Bond. Each Bond shall be in substantially the following form, with 158 such variations, omissions, and insertions as may be required or permitted 159 by this Resolution: 160 161 UNITED STATES OF AMERICA 162 STATE OF ALASKA 163 164 KODIAK ISLAND BOROUGH 165 (A Municipal Corporation of the State of Alaska) 166 167 NO. $ 168 169 GENERAL OBLIGATION REFUNDING SCHOOL BONDS, 2012 170 171 REGISTERED OWNER: 172 173 PRINCIPAL AMOUNT: 174 175 The Kodiak Island Borough, Alaska (the "Borough "), a municipal 176 corporation of the State of Alaska, hereby acknowledges itself to owe and 177 for value received promises to pay to the Registered Owner identified 178 above, or its registered assigns, the Principal Amount indicated above in the 179 following installments on of each of the following years, and to 180 pay interest on such installments from the date hereof, payable on 181 1, 20_ and semiannually thereafter on the first days of 182 and of each year, at the rates per annum as follows: 183 Principal Interest Year Amount Rate 184 185 For so long as this Bond is owned by the Alaska Municipal Bond 186 Bank (the "Bank "), payment of principal and interest shall be made as Kodiak Island Borough Resolution No. FY2012 -26 Page 4 of 11 187 provided in the Loan Agreement between the Bank and the Borough dated 188 as of 1, 2004, as amended by the Amendatory Loan 189 Agreement dated , 2012 (together, the "Loan Agreement "). In 190 the event that this Bond is no longer owned by the Bank, installments of 191 principal of and interest on this Bond shall be made by check or draft mailed 192 by first class mail to the registered owner as of the close of business on the 193 fifteenth day of the month preceding each installment payment date; 194 provided that the final installment of principal and interest on this Bond will 195 be payable upon presentation and surrender of this Bond by the Registered 196 Owner at the office of the Registrar. Interest shall be computed on the basis 197 of a 360 -day year composed of twelve 30 -day months. Both principal of and 198 interest on this bond are payable in lawful money of the United States of 199 America which, on the respective dates of payment thereof, shall be legal 200 tender for the payment of public and private debts. 201 202 This Bond is one of the General Obligation Refunding School Bonds, 203 2012 of the Kodiak Island Borough, Alaska of like tenor and effect except as 204 to interest rate, serial number and maturity, aggregating $ in 205 principal amount, and constituting bonds authorized for the purpose of 206 refunding certain general obligation school bonds issued by the Borough, 207 and is issued under Resolution No. FY2012 -_ of the Borough entitled: 208 209 A RESOLUTION OF THE KODIAK ISLAND BOROUGH 210 ASSEMBLY AUTHORIZING THE ISSUE OF KODIAK 211 ISLAND BOROUGH GENERAL OBLIGATION 212 REFUNDING SCHOOL BONDS, 2012 IN ONE OR MORE 213 SERIES IN THE PRINCIPAL AMOUNT OF NOT TO 214 EXCEED $12,180,000 TO REFUND CERTAIN 215 OUTSTANDING GENERAL OBLIGATION SCHOOL 216 BONDS OF THE BOROUGH, FIXING CERTAIN DETAILS 217 OF SUCH BONDS AND AUTHORIZING THEIR SALE. 218 219 (herein called the "Resolution "). 220 221 The Bond is subject to redemption prior to maturity as described in 222 the Loan Agreement. 223 224 This Bond is transferable as provided in the Resolution, (i) only upon 225 the bond register of the Borough, and (ii) upon surrender of this Bond 226 together with a written instrument of transfer duly executed by the registered 227 owner or the duly authorized attorney of the registered owner, and 228 thereupon a new fully registered Bond or Bonds in the same aggregate 229 principal amount and maturity shall be issued to the transferee in exchange 230 therefor as provided in the Resolution and upon the payment of charges, if 231 any, as therein prescribed. The Borough may treat and consider the person 232 in whose name this Bond is registered as the absolute owner hereof for the 233 purpose of receiving payment of, or on account of, the principal or Kodiak Island Borough Resolution No. FY2012 - Page 5 of 11 234 redemption price, if any, hereof and interest due hereon and for all other 235 purposes whatsoever. 236 237 This Bond is a general obligation of the Borough, and the full faith 238 and credit of the Borough are pledged for the payment of the principal of 239 and interest on the Bond as the same shall become due. 240 241 IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts 242 or things required by the constitution or statutes of the State of Alaska and 243 the ordinances of the Borough to exist, to have happened or to have been 244 performed precedent to or in the issuance of this Bond, exist, have 245 happened and have been performed, and that the series of Bonds of which 246 this is one, together with all other indebtedness of the Borough, is within 247 every debt and other limit prescribed by said constitution, statutes, or 248 ordinances. 249 250 IN WITNESS WHEREOF, THE KODIAK ISLAND BOROUGH, 251 ALASKA, has caused this Bond to be signed in its name and on its behalf 252 by its Borough Manager and its corporate seal to be hereunto impressed or 253 otherwise reproduced and attested by its Clerk, all as of the _ day of 254 2012. 255 256 257 258 Jerome Selby, Borough Manager 259 260 ATTEST: 261 262 263 Nova Javier, MMC, Borough Clerk 264 265 Section 7: Execution. The Bonds shall be executed in the name of the Borough by the 266 Mayor or his designee, and its corporate seal shall be impressed or 267 otherwise reproduced thereon and attested by the Borough Clerk. The 268 execution of a Bond on behalf of the Borough by persons who at the time of 269 the execution are duly authorized to hold the proper offices shall be valid 270 and sufficient for all purposes, although any such person shall have ceased 271 to hold office at the time of authentication of the Bond or shall not have held 272 office on the date of the Bond. 273 274 Section 8: Payment of Principal and Interest. The Bonds shall be payable in lawful 275 money of the United States of America which at the time of payment is legal 276 tender for the payment of public and private debts. As long as the Bond 277 Bank is the Registered Owner of the Bonds, payment of principal and 278 interest on the Bonds shall be made as provided in the Loan Agreement. If 279 the Bond Bank is no longer the Registered Owner of the Bonds, installments 280 of principal and interest on the Bonds shall be paid by check mailed by first Kodiak Island Borough Resolution No. FY2012 - 26 Page 6 of 11 281 class mail to the Registered Owner as of the fifteenth day of the month 282 preceding each installment payment date at the address appearing on the • 283 Bond Register; provided that the final installment of principal and interest on 284 a Bond shall be payable upon presentation and surrender of the Bond by 285 the Registered Owner at the office of the Registrar. 286 287 Section 9: Registration. The Bonds shall be issued only in registered form as to both 288 principal and interest. The Borough designates the Borough Finance 289 Director as Registrar for the Bonds. The Registrar shall keep, or cause to 290 be kept, the Bond Register at the principal office of the Borough. The 291 Borough covenants that, until all Bonds have been surrendered and 292 canceled, it will maintain a system for recording the ownership of each Bond 293 that complies with the provisions of Section 149 of the Code. The Borough 294 and the Registrar may treat the person in whose name any Bond shall be 295 registered as the absolute owner of such Bond for all purposes, whether or 296 not the Bond shall be overdue, and all payments of principal of and interest 297 on a Bond made to the Registered Owner thereof or upon its order shall be 298 valid and effectual to satisfy and discharge the liability upon such Bond to 299 the extent of the sum or sums so paid, and neither the Borough nor the 300 Registrar shall be affected by any notice to the contrary. 301 302 Section 10: Transfer and Exchange. Bonds shall be transferred only upon the books for 303 the registration and transfer of Bonds kept at the office of the Registrar. 304 Upon surrender for transfer or exchange of any Bond at such office, with a 305 written instrument of transfer or authorization for exchange in form and with 306 guaranty of signature satisfactory to the Registrar, duly executed by the 307 Registered Owner or the duly authorized attorney of the Registered Owner, 308 the Borough shall execute and deliver an equal aggregate principal amount 309 of Bonds of the same maturity of any authorized denominations, subject to 310 such reasonable regulations as the Borough may prescribe and upon 311 payment sufficient to reimburse it for any tax, fee or other governmental 312 charge required to be paid in connection with such transfer or exchange. All 313 Bonds surrendered for transfer or exchange shall be canceled by the 314 Registrar. 315 316 Section 11: Bonds Mutilated, Destroyed, Stolen, or Lost. Upon surrender to the 317 Registrar of a mutilated Bond, the Borough shall execute and deliver a new 318 Bond of like maturity and principal amount. Upon filing with the Registrar of 319 evidence satisfactory to the Borough that a Bond has been destroyed, 320 stolen or lost and of the ownership thereof, and upon furnishing the Borough 321 with indemnity satisfactory to it, the Borough shall execute and deliver a 322 new Bond of like maturity and principal amount. The person requesting the 323 execution and delivery of a new Bond under this section shall comply with 324 such other reasonable regulations as the Borough may prescribe and pay 325 such expenses as the Borough may incur in connection therewith. 326 Kodiak Island Borough Resolution No. FY2012 - Page 7 of 11 327 Section 12: Designation of Refunded Bonds. The Borough Manager and the Borough 328 Finance Director each is authorized to designate which maturities of 2005 329 Bonds authorized to be refunded in this Resolution shall be refunded, 330 provided that the refunding of the 2005 Bonds so designated shall realize a 331 debt service savings of at least 3 %, net of all issuance costs and 332 underwriting discount, on a present value basis. 333 334 Section 13: Tax Covenants. The Borough covenants to comply with any and all 335 applicable requirements set forth in the Code in effect from time to time to 336 the extent that such compliance shall be necessary for the exclusion of the 337 interest on the Bonds from gross income for federal income tax purposes. 338 The Borough covenants that it will make no use of the proceeds of the 339 Bonds which will cause the Bonds or the Refunded Bonds to be "arbitrage 340 bonds" subject to federal income taxation by reason of section 148 of the 341 Code. The Borough covenants that it will not take or permit any action that 342 would cause the Bonds to be "private activity bonds" as defined in Section 343 141 of the Code. 344 345 Section 14: Amendatory and Supplemental Resolutions. 346 347 (A) The Borough Assembly from time to time and at any time may adopt a 348 resolution or resolutions supplemental hereto, which resolution or 349 resolutions thereafter shall become a part of this resolution, for any one or 350 more of the following purposes: 351 352 (1) To add to the covenants and agreements of the Borough in this 353 Resolution, other covenants and agreements thereafter to be 354 observed, or to surrender any right or power herein reserved to or 355 conferred upon the Borough. 356 357 (2) To make such provisions for the purpose of curing any 358 ambiguities or of curing, correcting or supplementing any defective 359 provision contained in this Resolution or in regard to matters or 360 questions arising under this Resolution as the Borough Assembly 361 may deem necessary or desirable and not inconsistent with this 362 Resolution and which shall not adversely affect the interests of the 363 Registered Owners of the Bonds. 364 365 Any such supplemental resolution may be adopted without the consent of 366 the Registered Owner of any of the Bonds at any time outstanding, 367 notwithstanding any of the provisions of subsection (B) of this section. 368 369 (B) With the consent of the Registered Owners of not less than 60 percent 370 in aggregate principal amount of the Bonds at the time outstanding, the 371 Borough Assembly may adopt a resolution or resolutions supplemental 372 hereto for the purpose of adding any provisions to or changing in any 373 manner or eliminating any of the provisions of this Resolution or of any Kodiak Island Borough Resolution No. FY2012 -26 Page 8 of 11 374 supplemental resolution; provided, however, that no such supplemental 375 resolution shall: 376 377 (1) extend the fixed maturity of any of the Bonds, or reduce the rate 378 of interest thereon, or extend the time of payments of interest from 379 their due date, or reduce the amount of the principal thereof, or 380 reduce any premium payable on the redemption thereof, without the 381 consent of the Registered Owners of each Bond so affected; or 382 383 (2) reduce the aforesaid percentage of Registered Owners of Bonds 384 required to approve any such supplemental resolution without the 385 consent of the Registered Owners of all of the Bonds then 386 outstanding. 387 388 It shall not be necessary for the consent of the Registered Owners of the 389 Bonds under this subsection to approve the particular form of any proposed 390 supplemental resolution, but it shall be sufficient if such consent approves 391 the substance thereof. 392 393 (C) Upon the adoption of any supplemental resolution under this section, 394 this Resolution shall be deemed to be modified and amended in accordance 395 therewith, and the respective rights, duties and obligations under this 396 Resolution of the Borough and all Registered Owners of outstanding Bonds 397 shall thereafter be subject in all respects to such modification and 398 amendment, and all the terms and conditions of the supplemental resolution 399 shall be deemed to be part of the terms and conditions of this Resolution for 400 any and all purposes. 401 402 (D) Bonds executed and delivered after the execution of any supplemental 403 resolution adopted under this section may bear a notation as to any matter 404 provided for in such supplemental resolution, and if such supplemental 405 resolution shall so provide, new Bonds modified so as to conform, in the 406 opinion of the Borough, to any modification of this Resolution contained in 407 any such supplemental resolution may be prepared by the Borough and 408 delivered without cost to the Registered Owners of the Bonds then 409 outstanding, upon surrender for cancellation of such Bonds in equal 410 aggregate principal amounts. 411 412 Section 15: Defeasance. In the event money and /or non - callable direct obligations of, 413 or obligations the timely payment of principal of and interest on which are 414 unconditionally guaranteed by, the United States of America or an agency 415 or instrumentality of the United States of America, maturing at such times 416 and bearing interest to be earned thereon in amounts sufficient to redeem 417 and retire any or all of the Bonds in accordance with their terms are set 418 aside in a special trust account to effect such redemption or retirement and 419 such moneys and the principal of and interest on such obligations are 420 irrevocably set aside and pledged for such purpose, then no further Kodiak Island Borough Resolution No. FY2012 -26 Page 9 of 11 421 payments need be made to pay or secure the payment of the principal of 422 and interest on such Bonds and such Bonds shall be deemed not to be 423 outstanding. 424 425 Section 16: Exchange of Bonds; Amendatory Loan Agreement. The Bonds shall be 426 delivered to the Bond Bank in exchange for the Refunded Bonds. The 427 Borough has been advised by the Bond Bank that bond market conditions 428 are fluctuating and that the most favorable market conditions for the sale of 429 the Bond Bank Bonds may not occur on the date of a regular Borough 430 Assembly meeting. The Borough Assembly has determined that it would be 431 inconvenient to hold a special meeting on short notice to approve the terms 432 of the Bonds. Therefore, the Borough Assembly hereby determines that it is 433 in the best interest of the Borough to delegate the authority to approve the 434 terms of the Bonds as provided herein. Each of the Borough Manager and 435 the Borough Finance Director is hereby authorized to determine the 436 aggregate principal amount, maturity amounts, interest rates, yields, dated 437 date, principal and interest payment dates, and redemption terms, if any, for 438 the Bonds, so that such terms of the Bonds conform to the terms of the 439 corresponding Bond Bank Bonds; provided that (I) the principal amount of 440 each maturity of the Bonds shall not exceed the principal amount of the 441 portion of the corresponding maturity of the Bond Bank Bonds that is 442 allocated to the making of a loan to the Borough; and (ii) the interest rate on 443 each maturity of the Bonds shall not exceed the interest rate on the 444 corresponding maturity of the Bond Bank Bonds. Based upon the foregoing 445 determinations, the Borough Manager and the Borough Finance Director 446 each is authorized to negotiate and execute Amendatory Loan Agreements. 447 The authority granted to the Borough Manager and Borough Finance 448 Director by this section shall expire 180 days after the effective date of this 449 Resolution. If the Borough Manager or Borough Finance Director has not 450 executed Amendatory Loan Agreements within 180 days from the effective 451 date of this Resolution, the Amendatory Loan Agreements may not be 452 executed on behalf of the Borough without further authorization from the 453 Borough Assembly. 454 455 Section 17: Authority of Officers. The Borough Manager and the Borough Finance 456 Director, and the Borough Clerk are, and each of them hereby is, authorized 457 and directed to do and perform all things and determine all matters not 458 determined by this Resolution, to the end that the Borough may carry out its 459 obligations under the Bonds and this Resolution. 460 461 Section 18: Miscellaneous. 462 463 (A) All payments made by the Borough of, or on account of, the principal of 464 or interest on the Bonds shall be made on the several Bonds ratably and in 465 proportion to the amount due thereon, respectively, for principal or interest 466 as the case may be. 467 Kodiak Island Borough Resolution No. FY2012 -26 Page 10 of 11 468 (B) No recourse shall be had for the payment of the principal of or the 469 interest on the Bonds or for any claim based thereon or on this Resolution 470 against any member of the Borough Assembly or officer of the Borough or 471 any person executing the Bonds. The Bonds are not and shall not be in any 472 way a debt or liability of the State of Alaska or of any political subdivision 473 thereof, except the Borough, and do not and shall not create or constitute an 474 indebtedness or obligation, either legal, moral or otherwise, of said state or 475 of any political subdivision thereof, except the Borough. 476 477 Section 19: Continuing Disclosure. The Borough hereby covenants and agrees that it 478 will execute and carry out all of the provisions of a Continuing Disclosure 479 Certificate in form and substance satisfactory to the Bond Bank. 480 Notwithstanding any other provision of this Resolution, failure of the 481 Borough to comply with the Continuing Disclosure Certificate shall not be 482 considered a default of the Borough's obligations under this Resolution or 483 the Bonds; however, the beneficial owner of any Bond or Bond Bank Bond 484 may bring an action for specific performance, to cause the Borough to 485 comply with its obligations under this section. 486 487 Section 20: Severability. If any one or more of the provisions of this Resolution shall be 488 declared by any court of competent jurisdiction to be contrary to law, then 489 such provision shall be null and void and shall be deemed separable from 490 the remaining provisions of this Resolution and shall in no way affect the 491 validity of the other provisions of this Resolution or of the Bonds. 492 493 Section 21: Effective date. This resolution shall take effect immediately. 494 495 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 496 THIS DAY OF 2012 497 498 KODIAK ISLAND BOROUGH 499 500 501 502 ATTEST: Jerome M. Selby, Borough Mayor 503 504 505 506 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2012 -26 Page 11 of 11 1 ,°* * , KODIAK ISLAND BOROUGH AGENDA STATEMENT !i REGULAR MEETING OF: APRIL 19, 2012 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2012 -19 Rezoning a Tract of Land in Old Harbor From R1- Single Family Residential To I- Industrial (P &Z Case 12 -030 Sage Technologies, LLC). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2012 -19; P &Z Case Packet; Draft P &Z Meeting Minutes of March 21, 2012. APPROVAL FOR AGENDA: /f / � k % GOB - 0�( SUMMARY STATEMENT: A petition for the rezone of a tract of land in Old Harbor came as a request before the Planning and Zoning Commission. Not only is this the site of a proposed communications tower providing broadband service for community cell phone and internet, this area also includes the Old Harbor Landfill. The rezone to I- Industrial will allow the landfill and support activities to expand without coming back to the Commission. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012.19 in first reading to advance to public hearing at the next regular Assembly meeting. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: CDD Director 1 Drafted by: CDD Director 2 Introduced: 04/19/2012 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -19 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 REZONING A TRACT OF LAND LOCATED IN OLD HARBOR FROM 10 R1- SINGLE FAMILY RESIDENTIAL TO I - INDUSTRIAL 11 (P &Z CASE 12 -030 SAGE TECHNOLOGIES, LLC) 12 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone a tract 15 of land approximately 10 -12 acres in size in Old Harbor from R1- Single Family Residential 16 to the I- Industrial Zoning District for communications infrastructure and landfill purposes; 17 and 18 19 WHEREAS, the Commission held and publically advertised meeting consistent with 20 KIBC 17.205.040; and 21 22 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 23 tract be rezoned finding that the public necessity, convenience and general welfare and 24 good zoning practice would be promoted by such action; and 25 26 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 27 and approved by the Borough Assembly. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 30 BOROUGH THAT: 31 32 Section 1: This ordinance is of a general and permanent nature and shall become a 33 part of the Kodiak Island Borough Code of Ordinances; 34 35 Section 2: The Old Harbor landfill described in Plat 96 -33 and described by Quit Claim 36 Deed recorded at Book 120, Pages 759 — 761 is rezoned from R1- Single 37 Family Residential to I- Industrial. 38 39 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 40 Commission are hereby confirmed as follows: 41 42 17.72.020 A. Findings as to the Need and Justification for a Change or 43 Amendment. 44 45 The land owners, City of Old Harbor and the Old Harbor Native Corporation, need 46 this rezone in order to construct a microwave communication tower in the vicinity of 47 the Old Harbor Landfill. The site is one of the few locations with sufficient elevation 48 and close road accessible proximity to the community to be served. The rezone will 49 also provide the benefit of making the existing landfill a conforming use and allow 50 the community to expand the use or entertain other uses beneficial to the 51 community at this location. 52 Kodiak Island Borough Ordinance No. FY2012 -19 Page 1 of 2 53 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 54 the Objectives of the Comprehensive Plan. 55 56 The Comprehensive Plan designates all areas outside of the Townsite as 57 Conservation, however it is clear from past zoning decisions and community goals 58 and objectives that the community desires improved access to broadband services, 59 in addition to the continued function of the community landfill at this location. The 60 plan also speaks to the need for economic diversity and economic opportunity in 61 the Old Harbor community. At this time it is necessary to zone for the most 62 intensive uses that might be required at a landfill site and to accommodate the 63 related uses that might be required to support the landfill. At present the I- Industrial 64 zone best meets this need. 65 66 The plan also speaks to the need to maintain good two -way communication 67 between the Kodiak Island Borough and the City of Old Harbor. This need also 68 applies to the related native corporations and tribal councils serving the community 69 as well. The rezone will eliminate certain zoning nonconformities that have existed 70 on the rezone site for many years and will encourage re- development that is 71 consistent with both past use and planned future development. 72 73 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 74 THIS DAY OF 2012 75 76 77 KODIAK ISLAND BOROUGH 78 79 80 81 Jerome M. Selby, Borough Mayor 82 83 ATTEST: 84 85 86 87 Nova M. Javier, MMC, Borough Clerk 88 89 Kodiak Island Borough Ordinance No. FY2012 -19 Page 2 of 2 rt� -' "iS; -y - ,`. PUBLIC HEARINGS A) Case S12 -015. Request Preliminary approval, according to KIBC 16.40, of the subdivision of Ouzinkie Subdivision, Tract C creating U.S. Survey 4871, Tracts C -2A & C -2B. The applicant is Sage Technologies LLC and the agent is St. Denny Surveying. The location is at the site of the Ouzinkie Community School. The zoning is PL- Public Lands. Cassidy reported you have previously reviewed a rezone, a couple of variances, a disposal, and a site plan review, and tonight, your subdivision action, should you vote favorably, will be the last action needed. The legal description provided on the plat is incorrect and the surveyor will make the corrections. Staff recommends approval subject to 4 conditions approval. COMMISSIONER SCHMIT'I' stated he will just read in the correct lots into the motion and findings. COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision of Tract C, Block 2, U.S. Survey 4871, Townsite of Ouzinkie in Tracts C -1A & C -1B, subject to Conditions of Approval and Findings of Fact in the staff report dated February 27, 2012. The public hearing was opened & closed. There was no public testimony. Discussion CONDITIONS OF APPROVAL 1. Eliminate the detail of Tract C -1B on the final plat, and just show the survey of Tract C -1 subdivided into Tract C -1A and Tract C -1B at an appropriate scale; and 2. That the newly created 10 foot Utility Easement located at the base of the flag lot be identified as "being created this plat"; and 3. The contour lines on the preliminary plat be labeled with elevations; and 4. Add the address of the Kodiak Island Borough as 710 Mill Bay Road, Kodiak, AK 99615. FINDINGS OF FACT 1. Approval of this preliminary plat is in the public interest and consistent with the disposal of this parcel to the City of Ouzinkie recommended by the Commission to the Assembly in P &Z Commission Resolution FY2012 -02. 2. This request meets the minimum application standards of Title 16 Subdivision of the Kodiak Island Borough Code; 3. This plat meets all the minimum standards of Title 17 Zoning of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 12 -030. Request a rezone, according to KIBC 17.205, to consider a zoning change from R1- Single - family Residential to I- Industrial for the Old Harbor Landfill Area as described by Plat 96 -33 and also by Quit Claim Deed recorded at Book 120, Pages 759 to 761, Kodiak Recording District. The applicant is Old Harbor Native Corporation /City of Old Harbor. The location is generally north of the Old Harbor Airport runway and the zoning is R1- Single - family Residential. Cassidy reported this is another telecommunications case but in this case the services will be extended down the east side of the island to Old Harbor. The tower will be located in the landfill area of Old Harbor and both the landfill and the tower uses require Industrial zoning. The tower is in proper alignment to receive a signal at that location. Staff recommends approval. COMMISSIONER VAHL MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone of the Old'Harbor Laidfill; descrihed by Plat 96 -33 and also by Quit Claim Deed recorded at Book 120, Pages 759 to 761, Kodiak Recording District, from R1- Single Family Residential to (- Industrial, according to KIBC 17.205.030.0 (Manner of Initiation), subject to the findings contained in the staff report dated March 8, 2012 as "Findings of Fact" for this case. March 21, 2012 Page 3 of 8 P &Z Minutes .. -s. :« + "w]'1 G - / S' � � " ,� y ' f� j C „� N ' ^ . a� y ti y wt. : `; ieC yi?vl,.n+l ` { 'K , l y �, { y� l �.,C + ' ` r 'F. .fit+. '�_-': tr'�^ N 1 ✓ f JTf3CC YP _ - r The public hearing was opened & closed. There was no public testimony. Discussion FINDINGS OF FACT 17.72.020 A. Findin's as to the Need an :Beaton for a Chan a or Amendment. The land owners, City of Old Harbor and the Old Harbor Native Corporation, need this rezone in order to construct a microwave communication tower in the vicinity of the Old Harbor Landfill. The site is one of the few locations with sufficient elevation and close road accessible proximity to the community to be served. The rezone will also provide the benefit of making the existing landfill a conforming use and allow the community to expand the use or entertain other uses beneficial to the community at this location. 17.72.020 B. Findines as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan designates all areas outside of the Townsite as Conservation, however it is clear from past zoning decisions and community goals and objectives that the community desires improved access to broadband services, in addition to the continued function of the community landfill at this location. The plan also speaks to the need for economic diversity and economic opportunity in the Old Harbor community, At this time it is necessary to zone for the most intensive uses that might be required at a landfill site and to accommodate the related uses that might be required to support the landfill. At present the I- Industrial zone best meets this need. The plan also speaks to the need to maintain good two -way communication between the Kodiak Island Borough and the City of Old Harbor. This need also applies to the related native corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning nonconformities that have existed on the rezone site for many years and will encourage re- development that is consistent with both past use and planned future development ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY < VOTE B) Case 12 -029. Request a Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off - street parking space. The applicant is Bethan Davis and the location is 223 Mill Bay Road. The zoning is R3- Multi - family Residential. Cassidy reported the applicant's home is a single family structure on a substandard residential lot. The applicant wants to establish a B &B in 2 extra rooms in the house. It requires an additional parking space that cannot be provided on site. Staff recommends approval because staff feels it meets the standards of granting a variance. COMMISSIONER VAHL MOVED to grant a variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off-street parking space, where there is no possible location for an additional off - street parking space, and to adopt those findings of fact in the staff report dated March 9, 2012, as Findings of Fact for Case No. 12 -029. The public hearing was opened & closed. Public testimony was given by: Beth Davis thanked the commission and stated she was here to answer any questions. In response to COMMISSIONER SCHMITT'S inquiry of-the statement about not being able' to accommodate parking in the back, Davis replied there's a good drop off in the back, and the only way to access the back would be to go around the neighbor's -tree to go down the.back. On the right side of the house there is gravel parking and a 5 foot rock retaining wall. March 21, 2012 Page 4 of 8 P &Z Minutes Public Hearing Item 7 -C s R.1-Single ,Qut' - Overlay zoning change a Request:Qrezone, accordingQa)?'. n7 o considerp P( II Case 012-030 zo ul - family Residential9 I- Industrial f v 0 o Harbor nfd'13- o e Harbor Landfill Area F.]© described ca 96 -33�i •lam MCorp. ei Maim Deed recorded r k Book o Pages Man �LU 0 e Harbor Kodiak Recording DistricHabor t. loc-ated north dttlb o . Dave Burns, 2E0'1701% (�Q r Airport runway rip ¼ gj ibs. If xc r t . '' j, ��{`a ' i ° a rt a t t k » ' ` ; LC °''� ars '� y ..R¢ - Y z7 f � r� " < „i '� .e . .� r � -s e a ,.„,. '� rte ' t � � k f(r a r, } t �, e^ - Y J: -a{i ,° 7 ' r` Et . x . S. 4 � c if. " i 5 t ' rte., t t dNi: . `' a d ` A' 1 � * y t g ' ' tea, � t L F - e rr �.. ' ' d�av ' '' r = f , i^ Y't". f Y .7. . - .11 ' "`fi . ». 4 ry 3 .+ ' s„ k. 9 r n° ba St R 4. 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Kodiak Island Borough GIS S r.� oa , � l w4 d.. 0 750 1,500 3,000 4,500 6,000 Feet This map was prepared from t he K odi a k Bland Borou GIS S It is pro vided for the purpose of showing tneral lotion of a property within the Kodiak Island Borough This map does not represen a surve More information abo the mapping data can be obtained by mntactin th e he Kodiak ge Island Borough IT Oepart'nen at (907) 486 -9333 Introduction - Page 1 of 8 Public Hearing Item 7 -C T �H , r-ri F-F1 _ _ L C:i) ed co 0 ( a° C O i Li CV/ _ 0 Li (-3 L , ? r L Introduction - Page 2 of 8 Public Hearing Item 7 -C g �� Kod Island Borough Land Use Map -a ,, `4 Community Deve lopment Department p 1 .. Request: A rezone ,according (rang 0 .205,Q7 consider a pe3m532, Q 12 -030 zoning change fttqo R•- Single- family Residential go I- Industrial (ix {c$uC(jo . Harbor OE Harbor Landfill described WW2 j o Harborer Corp Ca Claim Deed recorded a 2 Book Pages MAD R32, Kodiak Dave Burns,j3S1t� Recording District. -(i located north @Qip o o Harbor % Airport runway. 0 1050 2,100 4200 Feet VAC " I N p �� �/ VAC • 1 i Cb 4 :,... 4 • In ae 4,. Q / a, 1,,*. VAC = Vacant PUB = Public SFR = Single- family Residential IND = Industrial 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 8 Public Hearing Item 7 -C L ❑ ! 1 — S O r r p 9 iif-,-- II , f L u I I L 1 [ iii b 0 L i eft J I 3 k Introduction - Page 4 of 8 Public Hearing Item 7 -C Current Location Request: A rezone, according to KIBC 17.205, to consider a zoning change from R1- Single- family Residential to I- Industrial for P & Z Case # 12 -030 the Old Harbor Landfill Area as described by Plat 96 -33 and also City of Old Harbor by Quit Claim Deed recorded at Book 120, Pages 759 to 761, Old Harbor Native Corp. Kodiak Recording District. Generally located north of the Old Harbor Airport runway Dave Burns, Sage Tech. LLC V o • I 101 —11K01 ilk t � ` . likii It _ f■ A.. . 1 4 46.. 7 iiiiric, l 1� r, j )„.; 4 f a ' /d■ Legend j , Subjct Parcel . ,...,........ , : . / '4 . / i , _ .40/ ." 1 , . .... 7,- (, .„, _. Kodiak Island Borough GIS System 0 1.700 3,400 6,800 10,200 13.600 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 5 of 8 Public Hearing Item 7 -C Fe0" Intent M L eft 01" P Introduction - Page 6 of 8 Public Hearing Item 7 -C Kodiak Island Borough Zoning Map W . 0i& E Community Development Department s s Current Zoning Request: A rezone, according to KIBC 17.205, to consider a P & Z Case # 12 -030 zoning change from R1- Single- family Residential to I- Industrial for Petitioner: City of Old Harbor the Old Harbor Landfill Area as described by Plat 96 -33 and also by Old Harbor Native Corporation Quit Claim Deed recorded at Book 120, Pages 759 to 761, Kodiak Agent: Dave Burns, Sage Tech, LLC Recording District. Generally located north of the Old Harbor Airport runway r4w 1. Subject D Parcel 6- .411111% . '--...-... lik t AA* Nik i z ' �ti O .+ : itio, \ � l 0 / of ,,,. .!. <Po : i - - , c di- \ r/ / 7 L I / 7 i:, r/ ;), Zoning Legend Public Use Lands I I Rural Residential 1 Multi Family Residential Light Industrial WA Watershed Rural Residential 2 Business I Rural Neighborhood Commercial Conservation Single Family Residential Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential I I Industrial I Natural Use The 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 7 of 8 Public Hearing Item 7 -C tiNs °co n BI0nk Introduction - Page 8 of 8 Public Hearing Item 7 -C KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486.9363 - FAX (907) 486 -9396 • www.kib.co.kodiak.ak.us Applicant Information Property Information i Old Harbor Native Corp /City of Old Harbor 19046 Property ID Number /s Property owner's name • 270? Denali St, Suite 102/P0 Box 109 T34S R25W TL 2102 OLD HRBR SANITARY LDFL Legal Description Property owner's mailing address . Anchorage AK 99503 / Old Harbor AK 99643 Current Zonirig: R1 City State Zip Applicable Comprehensive Plan: 907 - 278 - 6100 cbernsaoldharb / .90 7 - 286 -22 e 3 Year of Plan adoption: • Home phone Work Phone • Email Addr. present Use of Pr La ndfill under an David Burns . exception - to R1 zoning. Agent's name (If applicable) 2702 Denali St. Suite 102 Agent's mailing address Anchorage AK 99503 Proposed Use of Property: • - Landfill & install a 40ft tower to City State • Zip extend terrestrial telecommunications 407 - 925 - 6751 dburnseshearwaterllc.com • to the outlying villages of Old Harbor_ Home phone Work Phone , E -mail Addr. (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) • • Applicant Certification • I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review Is • true and complete to the best of my knowledge and that it is submitted In accordance with the requirements of the applicable Kodiak Island Borough Code, which Includes a detailed site plan for variance and conditional use requests and which may Include optional supporting documentation as indicated below. I Additional Narrative/History _ As -built Survey n _ Photographs _ Maps _ Other „ e9/ 1 %Sae i/9i/11(2 aid _ : �� 2.0 i Pro perty Owner's Signature Date ' Authorized Agent's Signature Date t 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 n` PAYMENT VERIFICATION • • . eM 573 Code Section(s) I n volved:�� ( 1-. � �T) ( I OS' ( � xess� 1 { ZtJ S A � .: • ui Variance (KIBC 17.66.020) $250.00 PeeSehede e: Conditional Use Permit (KIBC 17.67.020.9) $250.00 (per KJ �yP.1i�,ea : % l n tie Other (appearance requests, site plan review, 't $150.00 £ "• t - % ��� . Zoning change from a k to 1 . (KI �6 7(�.tad d *E g K t�l mug Don f; " U l5 u01 L • ; 7' . tl .te r.,,.19 • • .. a. ; Application received by [,;; i0 at l- . i r - . • . C .� �' J' L ?e ?'CS 5P t[N Vii. }!R ".fig • • Staff signature 12 030 fEB — 3 2012 ` " • • • COMMUNRY DEVELOPMENT DEPARTMENT • Application - Page 1 of 4 Public Hearing Item 7 -C KKCC Site Narrative — Old Harbor January 31, 2012 To whom it may concern, Kodiak -Kenai Cable Company, LLC (KKCC) is requesting the Kodiak Borough Planning & Zoning Commission approve our request to rezone the Old Harbor Landfill site from Residential RR1 to Industrial to allow for the construction of a telecommunication utility service. It is our understanding the current landfill was allowed in the RR1 zoning under an old exception rule that is no longer in effect. The use of the Industrial zoning will allow for both the communications site as well as the existing landfill. We have reviewed a number of viable sites in the vicinity of the landfill and due to access road and elevations have determined that a small site somewhere within the currently platted landfill area will be sufficient for our requirements. At this juncture, it is requested that necessary zoning be considered for installation of a 40' high, 4 leg, 9' face, 'box' tower and a 10'x12' communications hut to be installed within the current landfill property boundary. The tower foundation will consist of four concrete piers approximately 3' x 3' that are 4' high each (tops of piers exposed approximately 3' above grade, leaving 1' approximately below grade) and spaced approximately 9' apart to accommodate the tower size. In addition to the four 3' x 3' x 4' piers, eight rebar anchor bolts per concrete pier are to be embedded 8' beyond the base of the concrete piers and secured utilizing non - shrink grout, total depth below graded breached being approximately 12' amongst (32) 2" wide drilled holes. The hut will be installed on a concrete slab adjacent to the tower. The attached picture shows a representative sample of what this site will look like when completed. We are attempting to perform this project in the summer of 2012 and hope to complete the necessary zoning and subsequent permitting to enable a June construction start. KKCC is jointly owned by Old Harbor and Ouzinkie Native Corporations. The service we are providing is expected to have the same positive impact on the communication infrastructure as was provided to the City of Kodiak via our undersea fiber optic cable project, and with the recent completion of similar microwave links to Ouzinkie and Port Lions, the benefits those villages will see in the near future . We thank you for considering this rezoning request and look forward to working with the Kodiak Island Borough on this and many future planned projects. I can be reached at 407- 925 -6751 or dburns @sagealaska.com should you have any questions or require additional information. Sincerely, L'€" -. L Dave Burns KMS Program Manager Kodiak -Kenai Cable Company, LLC 2702 Denali St, Suite 100 Anchorage, AK 99503 Application - Page 2 of 4 r , y o r�°a > - en t a1 rr C , 7"/ "*, r i. ✓ / �: X!' . e - � / 1Jr ms s .�a C t r. y, (, A \ � ' t'�•J"' � 1 ,[ A J / � �� � y .r 's . n .. / [� -d — ' -r--- i t l ` 4, +. - . / t + a ' 1� 1 t fi t.. 4 a r ., < 4 sE � t } x '�'[` 3 SA. - 1 1" a 1 ., f A t t . l ` r J {Y b c X �� x S A s I 1 Q trA 1 � r _ i �s'� � w. �3 i ) , �� mi l- iEC i z P 44 a ti-° s s R 4' c ,� _ � A A , ",SFr ' � � - t A c J • ,s +x , "s r` y l j : `' s y � ' L , ' . ` '` { u . w ,, .„ " n , •1� n.. - 1[ ., I.A { e, y i 4 - p — toed _7 , ". y a r .•w C Y V .q 5 • -,41 f ^E F ' , l le , i.`r'.; � . ° , q _ I ' ' -' )1 �� <1s. • cc a � ° - r .. i ��, c� ,y '.% `s 3 s v r^ M { It �{ ,.nn IP �. t . P jA1s� r �H n r ' E -. 14-4 � b 4 , < t (4 m gg JK O D I A K 4 ‘N.` J/,` t y / 1 . , A- s o [ / P' ./ . 7 E r - ts " .c . .NcC - h,..- s" . 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L � 1, f�G\�s/ r1��. ,,y[ ( 1 �' '� • g if i. i = � i q :.. :'P J4, r:.T+m ,.. . kx y�, !� ..t�' " jJ � : "'t f ) { Ail' . f} x f. `, I Y 1� . L �� r w w /y /+ + JL i k t w�iy A t `Y Ir n t,. `k ; f .r e l'r "" r ��?� f , k .. �tr • �ai u —�3 • t i ".v . ' n • { ,3 `+ t. : .t ' ;;Ii l � � _ y L {y ' '! +, F2. « r ". `T ( � � t � . �.e � f{ .4 .�+s q f 4 /+ t6a � A IC. \l1f`. ; , ( y , � r "'li J,rJ li ,w 4 + , a„ ` .,'°' fi...: • - thy :a ' _,_ ♦ate+ . ` 0 S"s Sr ApoGabon- Page of 4 Public Hearing Item 7 -C KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 February 14, 2012 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 21, 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 -030 APPLICANT: Old Harbor Native Corporation/City of Old Harbor AGENT: David Bums, Sage Technologies LLC REQUEST: A rezone, according to KIBC 17.205, to consider a zoning change from R1-Single- family Residential to I- Industrial for the Old Harbor Landfill Area as described by Plat 96 -33 and also by Quit Claim Deed recorded at Book 120, Pages 759 to 761, Kodiak Recording District. LOCATION: Generally located north of the Old Harbor Airport runway ZONING: RI- Single - family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, March 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 them to ssmith(2 kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, March 14, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Public Comment - Page 1 of 4 Public Hearing Item 7 -C Current Location Request a rezone, according to KIBC 17.205, to Generally located north of consider a zoning change from R1- Single- family Old Harbor Airport runway Residential to I- Industrial for the Old Harbor P & Z Case 12 -030 Landfill Area as described by Plat 96 -33 and also Old Harbor Native Corp./ by Quit Claim Deed recorded atBook 120, Pages City of Old Harbor 759 to 761, Kodiak Recording Distri ct. / Approximate Location 1 � 4 . tt__ f� Vf • T Ri t N / 0 -4* ,n i S I 0 II I p o ��� l '1 c , � If1 ...... rl r /..-- 4/ _ ...., 99 Kodiak Island Borough GIS S )E tom' Feet 0 1,050 2,100 4.200 Legend t r r r I r r al 9 s This map was prepared from the Kodiak Island Borough's G15 System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Public Comment - Page 2 of 4 Public Hearing Item 7 -C } Old Harbor Native Corporation City of Old Harbor PO Box 71 PO Box 109 Old Harbor, AK 99643 Old Harbor, AK 99643 State of Alaska Dept. of Transportation & PF Planning Section PO Box 196900 Anchorage, AK 99519-6900 Public Comment - Page 3 of 4 Public Hearing Item 7 -C L____ _I h . - , X00° 0 CI - _ n t,Th nt _ ore __ y _ o ft R I 0 nk n k Public Comment - Page 4 of 4 Public Hearing Item 7 -C MEMORANDUM DATE: March 8, 2012 TO: Planning and Zoning Commission FROM: Duane Dvorak, Associate Planner, KIB /CDD SUBJECT: Information for the March 21, 2012 Regular Meeting CASE: 12 -030 APPLICANT: Old Harbor Native Corporation/ City of Old Harbor AGENT: Dave Burns, Sage Technologies, LLC REQUEST: A rezone, according to KIBC 17.205.030.0 (Manner of Initiation), to consider a zoning change from R1- Single Family Residential to (- Industrial for the Old Harbor Landfill Area as described by Plat 96- 33 and also by Quit Claim Deed recorded at Book 120, Pages 759 to 761, Kodiak Recording District LOCATION: Old Harbor Landfill Area ZONING: R1- Single- family Residential Three (3) public hearing notices were mailed on February 14, 2012. Date of site visit: No Site Visit Conducted — Borough GIS Consulted 1. Zoning History: Zoned R1- Single- family Residential by KIB Ordinance No. 77 -15 -0. 2. Lot Size: Tract C 10 acres ( + / -) 3. Existing Land Use: Community Landfill 4. Surrounding Land Use and Zoning: North: Unsurveyed Land Use: Vacant Zoning: R1- Single- family Residential South: Unsurveyed Land Use: Vacant Zoning: R1- Single- family Residential Staff Report - Page 1 of 6 Public Hearing Item 7 -C East: Unsurveyed Land Use: Vacant Zoning: R1- Single- family Residential West: Unsurveyed Land Use: Vacant Zoning: R1- Single- family Residential 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this area for Conservation use. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.10.020 REFERENCE AND USE. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 COMPREHENSIVE PLAN. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough; ... 17.205.030 MANNER OF INITIATION. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.205.055 SUBMISSION TO ASSEMBLY. A. Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. Staff Report - Page 2 of 6 Public Hearing Item 7 -C B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. COMMENTS This request was initiated by Sage Technologies, LLC, with the approval of the apparent land owners the City of Old Harbor and the Old Harbor Native Corporation. Sage Technologies proposes to erect a microwave communication tower in the vicinity of the landfill site in order to connect the Old Harbor community with the kind of broadband communication services currently enjoyed on the Kodiak Road System, and more recently in Ouzinkie and Port Lions. In order to move forward with the project the Old Harbor Landfill needs to be rezoned from R1- Single- family Residential to (- Industrial. There are two parcels that describe the Old Harbor Landfill, a deed parcel created in 1993 and a plat that was created in 1996. The conveyance of land described in the 1993 deed from the Old Harbor Native Corporation to the City of Old Harbor is self - evident. The conveyance of land created by plat in 1996 is less clear in the record. Nevertheless, staff presumes that the later plat may more accurately depict the actual landfill area based on the field work and monumentation that a registered surveyor is typically required to provide with the preparation of a subdivision plat. Staff suggests that the rezone requested in this case be considered for both parcels in order to ensure the maximum area is considered for I- Industrial designation in order to provide for the ongoing landfill activities and for other related municipal activities such as the proposed microwave tower project that will connect the Old Harbor community more directly to the fiber -optic cable that now provides the bulk of broadband service to Kodiak Island. The original Old Harbor Landfill was permitted as a use in the R1- Single- family Residential zoning district in the early 1990's. Shortly after that approval the Exception procedure was removed from KIBC Title 17 when it was determined to be an illegal procedure under Alaska Statute. As part of the ordinance removing the Exception procedure from the KIBC, a related provision was inserted in the nonconformity chapter making all prior approved exceptions the same as a nonconforming (grandfathered) use. While this provision has preserved the landfill activities on the site over the years, it has not allowed for the expansion of related industrial uses or the development of other uses beneficial to the Old Harbor community at this location. Staff Report - Page 3 of 6 Public Hearing Item 7 -C CONFORMANCE WITH THE COMPREHENSIVE PLAN: The proposed rezone is conforming to both the 1989 Old Harbor Comprehensive Plan and the 2008 Kodiak Island Borough Regional Comprehensive Plan Update. The 2008 plan generally identifies all areas outside of the recognized Townsite subdivisions for Conservation use. Nevertheless, based on the weight of prior zoning decisions on behalf of the Old Harbor community and the goals and objectives in the plan it is clear that this broad brush designation is intended for fine tuning of the land use pattern on a local need basis. Both plans recognize this area for landfill and related activities. In addition, the 2008 plan specifically references the desire for outlying communities to have improved communications facilities similar to those serving the Kodiak Road System. The plan has several goals that talk about diversified economic development in the community. In addition, there were several goals and objectives that refer to improving the manner in which the borough interacts with the community on a range of issues, presumably including how the borough regulates land use and zoning. This rezoning process, therefore, is an opportunity to work with the community to create some beneficial two -way communication, both literally and figuratively. It should be noted that staff was unable to make a site visit in this case and therefore was not able to investigate this case as thoroughly as other cases here on the Kodiak Road System. The case is similar to the recent cases reviewed for the City of Ouzinkie however in that the selection of this site is appropriate for the microwave communication tower because of its higher elevation and close proximity to the community that the communications system will serve. The rezone of the Old Harbor Landfill will benefit the existing use by removing it from nonconforming status. Once the use is conforming in a more appropriate zoning district, the community can more easily expand the use of the site or entertain other beneficial uses for the site such as the current microwave tower proposal. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. Staff Report - Page 4 of 6 Public Hearing Item 7 -C 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 of the Old Harbor Landfill, described by Plat 96 -33 and also by Quit Claim Deed recorded at Book 120, Pages 759 to 761, Kodiak Recording District, from R1- Single Family Residential to I- Industrial, according to KIBC 17.205.030.0 (Manner of Initiation), subject to the findings contained in the staff report dated March 8, 2012 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 land owners, City of Old Harbor and the Old Harbor Native Corporation, need this rezone in order to construct a microwave communication tower in the vicinity of the Old Harbor Landfill. The site is one of the few locations with sufficient elevation and close road accessible proximity to the community to be served. The rezone will also provide the benefit of making the existing landfill a conforming use and allow the community to expand the use or entertain other uses beneficial to the community at this location. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan designates all areas outside of the Townsite as Conservation, however it is clear from past zoning decisions and community goals and objectives that the community desires improved access to broadband services, in addition to the continued function of the community landfill at this location. The plan also speaks to the need for economic diversity and economic opportunity in the Old Harbor community. At this time it is necessary to zone for the most intensive uses that might be required at a landfill site and to accommodate the related uses that might be required to support the landfill. At present the I- Industrial zone best meets this need. The plan also speaks to the need to maintain good two -way communication between the Kodiak Island Borough and the City of Old Harbor. This need also applies to the related native corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning nonconformities that have existed on the rezone site for many years and will encourage re- development that is consistent with both past use and planned future development. Staff Report - Page 5 of 6 Public Hearing Item 7 -C I____ ____J h D I Pao _ o _ _ -o t , i rli- - -Nt: t ([ rm 0 [ 1 C _ _ y _ _ , (-_-_, ft D D_o Staff Report - Page 6 of 6 Officially Filed ORIGINAL DATE - 6.•.r 2 el 3 344. \ 6 0 �- I F.GFNR ALASKA NATIVE CLAIMS SETTLEMENT ACT 6 ? ' T O f 65575 T • ARCM H(al 4 .3 m int 1r IANCSA) SECTION M(cl, TRACTS A ANO 8 A R CM •. $146 ••.1. A ••.1•.9. CC CPL. 92 -Z03. OS STp T, 688, TOT. 7031 YI , 102..143, N•4•t O N >9 •R' E o axcss 1414) uwea.v •••••44, pan ar OLD HARBOR NATIVE CORPORATION \ AMA. r.g4a.. 3a In 0.7...:44 a•.. e.n. • R.eev.r•e memm•M. •• atwNed. At {j 3 OLD HARBOR. ALASKA i ki ii2 t el 0 a., `.+ =s• 4444[14.. t ii „ Ir ■ 44OM 7'1 440 .4.. ti.M1 •3•L ., P � O.� ti I ie • o iN N.e...t •..r. B..Y Y.. 1 I 0•.NM110n ma .M 3.iA.•. V. • •u....l l Ve I TRACT B N w Y w.1- A• Y 4 .: 4 c r:::•%',::"•:. r;,--.•—• k "*C- • • 0. i7l':nl.0 :."C.N:.r.. w..•7' 4. 6 6 S. N b Q N- i Survey of Old Harbor S urvey 4 6 JJJ 4. V „Rgos w'' ": 9 . 3i? OAS I9 ( -2 / 69 C. 1 4440 / eu+' " #4,0 33// 2 2y5Y Si 6Q • Y\ • Qy 7 K \ \ H 5 j5 e , ,) • SO 6 TYPICAL SECONDARY l 121 • • 5r/ MO MARKINGS Tract O IN 1 �� ������ •1 AO o T ` . „to-. ° � - , CENTER! INF CURVE DATA t-y 7' •• SAME RLDINS I FNV•H MI Ty. CM/ID C -I 233.00 191.90 44•25' N. 75•32' E. 1 77}9 1' C -e 202.00 213.92 BP I?' N. 67'04' E. 203.87 ' " Cl • •T C -3 346.00 139.63 24•26' N. 23_ E. 26.21 U.S. Survey No. 4993 % ? - C -4 356.00 194.34 3 N. 5.46' •. 193.96 Tract E ieo • Ice me via ___— _ In) u1 Aa•.M1K b l it - ?3 e- ' 0120 759 After recording please return to: } JAMIN, EBELL, BOLGER 6 GENTRY 323 Carolyn Street Kodiak, AK 99615 PHITCLAIM nPER THE GRANTOR, Old Harbor Native Corporation, of P.O. Box 71, Old Harbor, Alaska 99643, for partial satisfaction of its obligation under Section 14(c)(3) of the Alaska Native Claims Settlement Act and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby CONVEYS and QUITCLAIMS to Grantee, the City of Old Harbor, P.O. Box 109, Old Harbor, Alaska 99643, an Alaska municipal corporation, all // of its right, title, interest, estate and claim in and to the l surface estate of that certain real property located in the State of Alaska and more particularly described as follows: Area of Considerat on to ACCESS ROAD EASEMENT DESCRIPTION Rezone from Rl - SinQe A 40 -foot wide access road easement over a Family Residential to portion of Sections 20 and 21, T 34 S, R 25 W, Seward Meridian, Alaska, as depicted on I - Industrial Exhibit A, attached. P &Z Case 12 - 030, SANITARY LANDFILL SITE DESCRIPTION A 10 -12 acre parcel within the northeast 4 of Section 16, T 34 S, R 25 W, Seward Meridian, Alaska, as depicted on Exhibit A, attached. The total amount of land conveyed by this deed does not exceed 12 acres. DATED this S i h day of June, 1993. OLD HARBOR NATIVE CORPORATION By: rc �FIMiAAa EMIL CHRISTIANSEN, President • • J • i n i THIRD dUDICZ ) . AL D ISTRICT es. 0120 76f1 STATE OF ALASKA • • me, THIS IS the unde rsigned , TO CERTIFY W/ Alaska, unde CERdIFY that on the , -44 day of document i de scribed to know and know rn —c z o all the idea before of me to I s P Baiden oration President a Old who Harbor Ned within then identical purposes authority h off t o eNo lcor porationi Corporation, ce Bigned the eam� the 1 llY and las above GIVEN UNDER iMY e HAp and of birec torts efor the uses "luntar w ritten. D and official seal the day and year 7 �s Ill Notary Public in and 'fir A MY Commission Expires: 1pska i _ /,y_ »651160. 004 y ,Y Ur o o f I I QUITCLAIM DEED • -z' I , Area considered for Rezoning from R1- Single Family Residential to I-Industrial (P&Z Case 12-030). 1 1 r- 1 0120 761 1 ' • ' ''‘. t k.. p ‘: ' '' -... 1 '''- , 1 .. g 3.4 Aifj . • . ozi-- C ; 1 •.` 4 . 7 * ' - . • - KODIAK REQ. ••••• _ ----,--, \ D I SIX I qr: -. -r:-..-;4-,-- . :.. ., - %.„ REQUESTED 81' 4 `..7? ••. - ... -- ' . • • r orfinhuE.692.4 el AZ. . . 1 I II . / I , '93 AL L-1 PIS 3 511 I 1 s II I • - ee ‘. 4 ;"-e• - If -■"4 - - • . n II ?i$11 • . ., •.::‘ r't• t .... rt■ -4 .1 # ... rit Q. 1; . • :k is .„4,12 .75t C..... :, :ailoIll • 11. ".,•• . ',.:41 .t ..,. 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ISi .. • er , ,W.A. • in ' Ca "•st• • - /' KODIAK ISLAND BOROUGH s d ° � AGENDA STATEMENT REGULAR MEETING OF: APRIL 19, 2012 ITEM NO.: 13.C.2 TITLE: Ordinance No. FY2012 -20 Amending Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax By Adding Section 3.35.085 Method of Determining the Assessed Value of Property That Qualifies for a Low Income Housing Tax Credit Under 26 USC 42. ORIGINATOR: Borough Assessor FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2012 -20 APPROVAL FOR AGENDA: SUMMARY STATEMENT: The property located at 2610 Mill Bay Road, known as the Fir Terrace Apartments, have requested, in accordance with AS 29.45.110(d), that the Kodiak Island Borough exempt their property from the full and true valuation requirement of AS 29.45.110(a) and assess their property based on actual rents. The assessor finds that this property does qualify as a LIHTC property under 26 CFR 42 and the qualification date is after January 1, 2001. To make a decision on whether to honor their request or not, according to the State Assessor, the borough must first adopt an ordinance to review such requests on a parcel by parcel basis. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012 -20 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: Borough Assessor Drafted by: Borough Assessor Introduced: 04/19/2012 2 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2012 -20 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 AMENDING TITLE 3 REVENUE AND FINANCE, CHAPTER 3.35 REAL PROPERTY 10 TAX BY ADDING SECTION 3.35.085 METHOD OF DETERMINING 11 THE ASSESSED VALUE OF PROPERTY THAT QUALIFIES 12 FOR A LOW - INCOME HOUSING UNDER 26 USC 42 13 14 WHEREAS, according to Alaska Statute 29.45.110(d), the Kodiak Island Borough 15 Assessor is required to value low- income housing tax credit projects existing as of January 16 1, 2001, the effective date of the legislation, based on the actual income derived from the 17 property, which can result in a value that is less than the full and true value required by 18 Alaska Statute 29.45.110(a); and 19 20 WHEREAS, these projects must be qualified and recognized under the United States 21 Tax Code 26 USC. 42; and 22 23 WHEREAS, AS 29.45.110(d) requires the borough assembly to determine by ordinance 24 whether the projects that qualify on or after January 1, 2001, shall be assessed based on 25 the actual income which is from restricted rents versus market rents; and 26 27 WHEREAS, to date there are no low- income housing projects in the Kodiak Island 28 Borough receiving the benefit of the restricted rent income approach to value; and 29 30 WHEREAS, Fir Terrace Apartments located at 2610 Mill Bay Road, containing sixty (60) 31' units total has applied for consideration under AS 29.45.110(d)(2); and 32 33 WHEREAS, in accordance with AS 29.45.110(d)(2), the Kodiak Island Borough 34 Assembly finds that properties that first qualify for the low- income housing tax credit 35 exemption after January 1, 2001 may be exempt from the full and true value requirement 36 under AS 29.45.110(a) and may be assessed based on the actual income derived from 37 the property without adjustment based on the amount of any federal income tax credit. 38 The assembly shall determine on a parcel by parcel basis whether such property shall be 39 valued at its full and true value or based on its restricted rents. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH THAT: 43 44 Section 1: This ordinance is of a general and permanent nature and shall become a 45 part of the Kodiak Island Borough Code of Ordinances; 46 47 Section 2: That Kodiak Island Borough Code Title 3 Revenue and Finance, Chapter 48 3.35 Real Property Tax is hereby amended by adding Section 3.35.085 to 49 read as follows: 50 51 Kodiak Island Borough Ordinance No. FY2012 -20 Page 1 of 2 52 53 3.35.085. Method of determining the assessed value of property that qualifies 54 for a low- income housing tax credit under 26 USC 42. 55 56 A. In accordance with AS 29.45.110(d) (1), the full and true value of all property 57 within the Kodiak Island Borough that first qualifies for low- income housing tax 58 credit under 26 USC 42 before January 1, 2001, shall be based on the actual 59 income derived from the property and may not be adjusted based on the 60 amount of any federal income tax credit for the property. 61 62 B. Pursuant to AS 29.45.110(d)(2), the full and true value of all property within the 63 Kodiak Island Borough that first qualifies for a low- income housing credit under 64 26 USC 42 on or after January 1, 2001, shall be exempt from the requirement 65 that the value be based on the actual income derived from the property. For 66 property that first qualifies for a low- income housing credit under 26 USC 42 on 67 or after January 1, 2001, the assembly may determine, by parcel, whether the 68 property shall be assessed based on AS 29.45.110(a) or on the basis of actual 69 income derived from the property without adjustment based on the amount of 70 any federal income tax credit given for the property. Once the manner of 71 assessment of the property has been determined under this subparagraph, the 72 assembly may not change the manner of assessment of that parcel of property 73 if debt relating to the property incurred in conjunction with the property 74 qualifying for the low- income housing tax credit remains outstanding. 75 76 C. To secure an assessment based upon the actual income derived from the 77 property under this section, an owner of property that qualifies for the low - 78 income housing tax credit under 26 USC 42 shall apply to the assessor before 79 May 15 of each year in which the assessment is desired. The property owner 80 shall submit an application on forms prescribed by the assessor and shall 81 include information that may reasonably be required by the assessor to 82 determine the entitlement of the applicant and to assess the property under this 83 subsection. All such applications shall be forwarded to the assembly for 84 determination, by resolution, for a determination of the manner of assessment. 85 86 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 87 THIS DAY OF 2012 88 • 89 90 KODIAK ISLAND BOROUGH 91 92 93 94 Jerome M. Selby, Borough Mayor 95 96 ATTEST: 97 98 99 100 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012 -20 Page 2 of 2 Kodiak Island Borough Assembly Regular Meeting Guidelines April 19, 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 any Assembly member who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Regular Meeting Minutes of April 5, 2012. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of April 5, 2012. / V PLEASE ANNOUNCE: STOP 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. Kodiak Island Borough Assembly Guidelines April 19, 2012 Page 1 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award • Meagan Christiansen, Grant Writer /Special Project Support in the Manager's Department. B. Student of the Month for April 2012 • Brendan Wehde (Wayde), Senior at Kodiak High School C. Month of the Military Child Proclamation • Vanessa Bryant, Family Resource Specialist, HSWL Regional Practice Office Kodiak 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486 -3231. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT — Administrative Official Cassidy 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions die 1. Resolution No. FY201256 Authorizing the Issue of Kodiak Island Borough General Obligation Refunding School Bonds, 2012 in One or More Series in the Principal Amount of Not to Exceed $12,180,000 to Refund Certain Outstanding General Obligation School Bonds of the Borough, Fixing Certain Details of Such Bonds and Authorizing Their Sale. q(p Recommended motion: Move to adopt Resolution No. FY201; Staff report — Administrative Official Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 19, 2012 Page 2 C. Ordinances for Introduction 1. Ordinance No. FY2012 -19 Rezoning a Tract of Land Located in Old Harbor From R1- Single Family Residential To I- Industrial (P &Z Case 12 -030, Sage Technologies, LLC). Recommended motion: Move to adopt Ordinance No. FY2012 -19 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2012 -20 Amending Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax By Adding Section 3.35.085 Method of Determining the Assessed Value of Property That Qualifies for a Low Income Housing Tax Credit Under 26 USC 42. Recommended motion: Move to adopt Ordinance No. FY2012 -20 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. / \ PLEASE ANNOUNCE: STOP Due to the delay of the radio broadcast and web streaming, please place your \ / calls at this time to speak under Citizens Comments. You will be placed in a queue, and your call will be answered at the appropriate time. Local: 486 -3231. D. Other Items — 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 Kodiak Island Borough Assembly Guidelines April 19, 2012 Page 3 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The next Assembly work session will be held on Thursday, April 26 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, May 3 at 7:30 p.m. in the Borough Assembly Chambers. The Assembly will hold a joint work session with the Kodiak Island Borough School Board on Tuesday, May 1 at 6:30 p.m. in the Kodiak High School Commons. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 19, 2012 Page 4 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET D Regular V ( Special Date: 041191 a ;. 0\ Convened: 1 ,' j Recessed: Reconvened: Adjourned: BY: BY: 1' y �^i b 3' i ce"` BY: 144 (AK) BY: Slib ` BY: �TW2'r `^ ' VR -' SECOND: SECOND: U Ml , d . SECOND: SECOND: J kj SECOND: S� 1 . oYci 1 .. fy0:0 ' - 1. I aP YES NO ' YES NO - YES NO YES NO YES NO Ms. Austerman J Ms. Austerman Ms. Austerma* / Ms. Austerman ✓ Ms. Austerman Mr. Bonney V Mr. Bonney Mr. Bonney V ` Mr. Bonney V' Mr. Bonney Mr. Friend V Mr. Friend Mr. Friend v � / Mr. Friend Mr. Friend - ✓ M r. Kaplan V Mr. Kaplan Mr. Kaplan 1 , / Mr. Kaplan 17j. Mr. Kaplan M s. Lynch V Ms. Lynch Ms. Lynch V Ms. Lynch Ms. Lynch v / M r. Stephens V Mr. Stephens Mr. Stephens , / Mr. Stephens ✓ Mr. Stephens " t Ms. Stutes / Ms. Stutes Ms. Stutes ✓/ Ms. Stutes / Ms. Stutes . 1CHANGE OF VOTE? HANGEOFVO TE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF� CHANGE OF VOTE ?j D TOTAL: TOTAL: TOTAL: n TOTAL: 1 b TOTAL: 1 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby /Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET tt Regular Date: V4 \ ti 1 }o (2--. Convened: Recessed: Reconvened: Adjourned: tS / 0 BY: C Lej BY: BY: BY: BY: SECOND: p SECOND: SECOND: SECOND: SECOND: Iry a • YES NO YES NO YES NO YES NO YES NO Ms. Austerman V Ms. Austerman Ms. Austerman Ms. Austerman Ms. Austerman Mr. Bonney ✓ Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney Mr. Friend / Mr. Friend Mr. Friend Mr. Friend Mr. Friend Mr. Kaplan �/, ' Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch V , Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens Ms. Stutes V Ms. Stutes Ms. Stutes Ms. Stutes Ms. Stutes ICHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j . TOTAL: 11 i } TOTAL: TOTAL: TOTAL: TOTAL: The mayor may'not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: 4 1 / 1/�/a -- Please PRINT your name Please PRINT your a n %,„"\\\ \\::*\) \\ ON n "� v 7"Ce/2 - n ef9r _A\