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BELLS FLATS Tract A, Blk 2, Lot 2 - Land DisposalKODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT CASE FILE CHECK LIST Case File No. Assigned -c/7 Date Application Received 1k6/?„09, Type of Application b-% Date Site Plan Received Vc J /NP- Date Fee Paid dU %— Amount !� Receipt Number Person Accepting Appl. Val &,'aJJ&7 • Use Z for Zoning, Variances and Exceptions CUP for Conditional Use Permit LL for Land Leases V for Violations 0 for all Other cases Name of Applicant Mailing Address Name of Legal Owner 1K1=15 Phone Mailing Address X /& /, Phone (p- S 73(p Legal description of Property: Lot(s) g.% Z Block . a ;& ci. ,4 Subdivision Bfa/s ,7 Square Footage or Acreage of Property is 3. . P & Z Public Hearing Date �.ih. /71 11Xi Public Notices Mailed on GO How Many? a % /R Applicant Notified of P & Z Action on Date Date Action Summary Approved Denied P & Z Assembly Ordinance No. Date Tabled Date Date 1st Reading 2nd Readinc Ordinance Effective Date 6.81 “iwr_FiwifEwm, 1RIPL”' KODIAK ISLAND BOROUGH MEMORANDUM DATE: July 6, 1983 TO: Phil Shealy, Borough Manager Bryce Weeks, Finance Director Assessor Dale Tubbs • • '4•• • .7r FROM William Walton, Community Development Department 4AI • Attached for your information and use is an executed copy of the Bells Flats/Russian Creek Service Area Land, Building, and Equipmen Lease. SUBJ: Womans Bay Fire Station Lease • 1.• William Walton Land Manager jig • • KODIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 July 6, 1983 Mr. Gaenn Mathis, Chairman Bells Flats/Russian Creek Service Area Box 2015 Kodiak, AK 99615 Dear Glenn: Enclosed is the receipt for the first year's rental of $1 for the Woman's Bay Fire Station. Are you going to frame it? Enjoyed the picnic and open house. Sincerely, William Walton Land Manager Enclosure s'A.t..tot= T7,W;',4-VP Irizygrammr_virm RECEIVED . FROM • ‘.< • 4,1: • it „ - CASH RECEIPT ••••• "• • • Kodiak Island Borough 0670 700 UPPER MILL BAY ROAD P.O. BOX 1246 KODIAK, ALASKA 99615 PHONE (907) 486.5736 e - -A- DATE - 5 l9 -3 -7 FUND CITE 010 • 000 C)1 01 - 10 - 00 ITEM CASH . 1 1 DEBIT i ‹,'C'•/-10,;‘-',/ 1 '" .. . .4.1....,—...xe..- 1 CREDIT . ." ....) +..{. I 1. • ..9 ...37,*; 1 010 - 000 - 322 - 11 - 00 BUILDING PERMITS 010 - 000 - 322 - 90 - 00 ZONING PERMITS 010 - 000 - 341 - 50 - 00 SALE OF MAPS 1 1 1 1 010 - 000 - 341 - 51 - 00 SALE OF COPIES 1 1 1 1 PROPERTY TAX 1 1 1 1 LAND SALE PAYMENT 1 1 1 1 PER ATTACHED 1 1 1 1 •-7,1 4 1 i 1 1 i i 1 1 1 1 • '. 1 1 1 1 r 1 1 1 1 1 1 i 1 CONDITIONS OF CHECK PAYMENTS TOTAL NI' PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DUE TO 1 / irie'i 1 / r( H BOROUGF4 ARE SATISFIED ONLY UPON THE CHECK BEING HONORED RETURNED CHECKS FOR ANY REASON RESTORES THE OBLIGATION AS UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES FEES OR OTHER LEGAL LIABILITIES AS MAY BE APPLICABLE PAYMENT MADE BY CHECK NO •--2/ rg---CASH CASHIER 0 OTHER • ,.t . . . •.• •' ••■ 1_ 3 . 2 • '. FM08-511815 ';', • • I.. . I • ' ""'r '•4 A.-0-,...:••,..,'-,..i • • $.1'.4 •••,. 3 „ -• ha: ...,-; ' .: ,.........,'5,:.,`,2-,,,...1.7',-;.0-1',.11...k.' 1!al.4..'.. . i4: "--14q7.,,,• . . ... 7,44.,i,,,,, ...-4i:" 1 — •••,: ' ''.- '':4 1,-...L::,..:1- i;...,IA '•••,74;:,:..4".. ::4_,, 4sni . ...- , ;*-' • ',.11.,,,,,.,,,.!.• ..",:. ' '',',. ' ''.'=.• IP.k r,..::.13j.,,,: <-,41;47;•r ', 1'..C.-•P,t - %-;:1..' ?t,rf i„;KI:::;:...,''''-l':::.:;'.,''', -:''.:-.•-;:*:."=1:4;•,t.;4 .:•;,%,..;.',...... it.;•.:ci, ..,_•."..,..1;,, . " ''',',A'7'.?',2 ii-...,..: ,, , .......... RECEIVED FROM • CASH RECEIPT Kodiak Island Borough 700 UPPER MILL BAY ROAD P.O. BOX 246 THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING HONORED. RETURNED CHECKS FOR ANY REASON RESTORES THE OBLIGATION AS UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FEES OR OTHER LEGAL LIABILITIES AS MAY BE APPLICABLE. 1 KODIAK, ALASKA 99615 PHONE (907) 486-5736 0670 DATE 7 5 19673 FUND CITE.;--,.':',.. -,-_,'-"- 777; I '1:-'-'. • * ." CASH ' - , ..-4.":-..,,,,t-D 1 . IT, . ,•7 / 100 .,,-.....-,C EDII-, .,-,; .4.0...t.s...4 :.a.,..et:,+:4J-Kz.:),J■. 1 1 010 - 000 - 101 - 10 - 00 iii a - 000 - 322 - 11 - 00 BUILDING PERMITS • 1 1 010 - 000 - 322 - 90 - 00 ZONING PERMITS I 1 I • . I 010 - 000 - 341 - 50 - 00 SALE OF MAPS--- ' 010 - 000 - 341 - 51 - 00 SALE OF COPIES " I 1 I — " PROPERTY TAX \ I I ." `.. , ' YMNT .1/ y. LAND SALE PAE,' ':. ..:!- ',,PER ATTACHED (41;Wirrf A r''' I -I, I I I I I I , . ' I I I I CONDITIONS OF CHECK PAYMENTS TOTAL 011* PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DUE TO / 1 (1 e i PAYMENT MADE BY: CHECK NO CASHIER 1ThCASH OTHER Os FM08-511815 - Kodiak Island Post Office Box 1246 Kodiak, Alaska 99615 LAND, BUILDING AND EQUIPMENT LEASE This lease made by and between the KODIAK ISLAND BOROUGH municipal corporation organized and existing under the laws of the State of Alaska, hereinafter referred to as the "KIB", and BELLS FLATS/RUSSIAN CREEK SERVICE AREA, hereinafter called "WOMANS BAY." For and in consideration of the mutual covenants and agreements herein contained, the KIB does hereby agree to lease to WOMANS BAY the real property, improvements end equipment described herein, hereinafter referred to as the "premises", on the following terms, conditions, and covenants: 1. Authority. This lease is authorized by Title 18 of Borough Code and Kodiak Island Borough Assembly Resolution Number 82-26-K dated April 1, 1982, a copy of which is attached hereto as Exhibit A, and by this reference incor- porated herein. 2. Real Property. The real property leased to WOMANS BAY is described as a one acre portion of Lot 2, Rl0dk2, Tract A, Bells Flats Alaska Subdi"isioh, ' Kodiak Island Borough, Alaska. _ - 3. Improvements. The real property contains a fire station building constructed by the KIB for the exclusive use of WOMANS BAY, ' 4. Equipment. KIB agrees to provide initial fire suppression equipment for the exclusive use of WOMANS BAY. Any additional and/or replacement equipment will be provided by WOMANS BAY at its sole cost and expense. 5. Term, WOMANS BAY shall be entitled to possession of the leased premises for a term of fifty-five (55) years, commencing on May 1, 1983 and ending at midnight on April 30, 2038, unless sooner terminated as provided . herein, 6. Rental. WOMANS BAY shall pay the KIB one dollar ($1.00) for the use of ` the-premises herein described on each anniversary date of this agreement during the term hereof or may prepay the amount of fifty-five dollars ($55.00) upon execution of the lease. 7. Use of Premises. The premises shall be used for a fire station including a residence for one fire chief and his family, and community center and no other purposes without the prior written permission of the KIB. 8. Maintenunce, WOMANS BAY agrees to keep and maintain the entire premises in good repair and in a neat, orderly and sightly condition at all times at the WOMANS BAY sole cost and expense. Necessary repairs and maintenance shall also be at WOMANS BAY sole expense. 9. Alteration. WOMANS BAY shall not make any alterations, additions or ,improvements in or to the leased premises without first obtaining the written consent of the KIB. ` 10. Utilities. WOMANS BAY agrees to be responsible for all utility ser- vices necessary for the operation of the fire station and its equipment, including but not limited to electricity-, heat, snow removal, refuse collec- tion and janitorial service. 11. Insurance. WOMANS BAY, at its own expense, shall obtain and keep in force during the term of this lease, comprehensive combined single limit liability and property damage insurance. The KIB shall be named as an additional insured party against any liability arising out of WOMANS BAY use, occupancy or maintenance of the leased premises. Such insurance shall be in an amount not less than $500,000. Evidence of same shall be provided to the KIB. 12, Fire Insurance. WOMANS BAY agrees to obtain and keep in force during the term of this agreement, comprehensive fire insurance, naming the KIB as an insured party, in an amount sufficient to replace the structure and equipment leased hereunder should destruction by fire occur. 13. Hold Harmless. WOMANS BAY agrees to indemnify, save and hold the KIB harmless from any liability for damage, injury or death to any person or persons or for damage to property arising from the use, possession or occu- pancy of the premises by WOMANS BAY, with the defense of any such claim or action. If an action or proceeding is brought against the KIB by reason of a claim associated with WOMANS BAY use, possession or occupancy of the premises, WOMANS BAY shall defend such action on behalf of the KIB, at WOMANS BAY sole cost and expense. 14. Subleuoe, WOMANS BAY shall not sublet all or any portion of the premises without first obtaining the written consent of the KIB. 15, Assignment. WOMANS BAY may not assign, mortgage, pledge, or otherwise encumber all or any portion of this lease or the leased premises without first obtaining prior written approval from the KI8. Any assignment, pledge or ' encumbrance executed without first obtaining the written approval of the KIB shall be void and of no force and effect. 16. Liens or Encumbrances. WOMANS BAY shall maintain the premises free and clear of any liens or encumbrances. If at any time during the term of this lease any lien or encumbrance is filed against the premises or any part thereof, WOMANS BAY shall, at its own expense, obtain the release and discharge of the lien by payment, bonding or otherwise within thirty (30) days after receipt of written notice from the KIB. If WOMANS BAY fails to procure the discharge of any lien or encumbrance, the KIB may terminate this lease without further notice to WOMANS BAY. 17. Compliance with Laws. WOMANS BAY shall tions or ordinances promulgated by a proper public authority. The land described herein lies within the jurisdiction of an authorized zoning and building authority and shall be utilized in accordance with the ruleu, regula- tions and ordinances of such authority. Failure on the part of WOMANS BAY to comply with such rules, regulations, or ordinances shall constitute a violation hereof and subject this agreement to termination. 18. Inspection. WOMANS BAY shall permit the authorized agents and employ- ees of the KIB to enter upon the leased premises at any reasonable time for the purpose of inspecting the condition of the premises or the use thereof. 19. Rights-of-Way. KIB serves to itself rights-of-way follows: a. The right to reasonable ingress or egress over and across the leased premises for the purposes of constructing or maintaining any utility or road right-of-way which the KIB is authorized to construct or maintain, and to grant itself reasonable easements over and through the leased premises for these purposes. b. The right to grant to others easements or right-of-way across the premises if it is determined to be in the best interest of the KIB to do so. 20. Minerals and Timber. WOMANS BAY shall acquire no interest whatsoever in any deposits of stone or gravel valuable for extraction or utilization, or any materials subject to Chapters 10,00 and 18.70 of the Borough Code as amended or hereafter amended. WOMANS BAY shall not sell or remove or attempt to sell or remove any timber, stone, gravel or any other material valuable for building or commercial purposes. 21. Waste. WOMANS BAY shall not commit waste or injury to the leased premises by removing timber, stone, gravel, soil or other materials except as authorized by the KIB in writing and only when necessary to the utilization of the premises. WOMANS BAY shall not cause or permit any conditions that will allow erosion of the topsoil nor shall WOMANS BAY otherwise commit waste or injury to the premises. WOMANS BAY shall take all reasonable precaution to prevent and suppress grass, brush or forest fires on the leased premixes. 22. Termination. This lease may be terminated in whole or part at any time upon the mutual written agreement by the parties hereto. KIB may terminate this lease if WOMANS BAY default in the performance of any term, covenant, or stipulation of the lease and if WOMANS BAY fail or refuse to remedy such Land, Building, and Equipment Lease Page 2 default within thirty (30) days after the service of written notice by the KIB specifying the nature of the breach or default. 23. Non-Waiver. The failure by the KIB to insist upon strict performance of any term, condition or covenant of this lease or to exercise any right or remedy available on a breach there shall not constitute a waiver of any applicable term, condition or covenant of this agreement. Waiver of perform- ance of any term, condition or covenant, or any breach thereof shall be only by written instrument executed by the KIB. A waiver'of any default shall not affect or alter any term, condition or covenant of this lease and those terms, conditions or covenants, shall continue in full force and effect with respect } to any other subsequent default. 24. Remedies not Exclusive. Specific remedies provided in this lease relat- ing to termination shall not be exclusive and the KIB may pursue any remedy available at law for compensation of damages, with or without terminating this lease. 25. Surrender of the Premises. Upon the expiration, termination or cancella- tion of this lease for any cause whatsoever, WOMAMS BAY shall peacefully and quietly surrender the leased premises in as good a condition as they were at the beginning of the lease term, normal wear and tear excluded. 26, Costs of [nforuement. The parties hereto agree that costs and expenses, including reasonable attorney fees, shall be paid by the non-prevailing party to the prevailing party in enforcing any of the terms or conditions of this lease. 27. Modification. A modification of this lease shall not be binding upon either of the parties unless reduced to writing and signed by both the KIB and WOMANS BAY. 28. Notices. Any notice, demand or delivery under this lease shall be in writing and shall be effective upon mailing by certified mail with charges prepaid to the other party at the address stated below or to such other address as either party may, from time to time, furnish in writing to the other party: KIB WOMANS BAY Borough Manager Kodiak Island Borough '' — — Kodiak, Alaska 99615 Chairman Dells Flats/Russian Creek Service Area Box 2015 Kodiak, Alaska 996I5 29. Construction. This lease shall be governed by and construed in accord- ance with the laws of the State of Alaska. Words of gender used in this lease shall mean and include any other gender,and singular shall mean and include the plural and the plural the singular, where applicable, and when the tense requires. 30. Severability. If any clause or provision of this lease is determined by a Court of competent jurisdiction to be invalid, it shall not effect the validity of any other clause or provisions of this lease. AGREED TO THIS 4r" DAY OF rult�� KODIAK ISLAND BOROUGH Land, Building, and Equipment Lease 'Page 3 • , 1983. BELLS FLATS/RUSSIAN CREEK SERVICE REA Its Chairman STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the 414 day of u �(( 1983, before me, the undersigned Notary Public for the State of 7 Alaskal, duly commis- sioned and sworn as such, personally came Philip C. Shealy, Manager of the KODIAK ISLAND BOROUGH, and acknowledged that said instrument was signed and sealed'on behalf of the KODIAK ISLAND BOROUGH by proper authority delegated and vested in himself, and acknowledged further said instrument to be the free act and deed of said KODIAK ISLAND BOROUGH. IN WITNESS WHEREOF, I have hereunto to set my hand and affixed my seal the da,., t :•d year first above written.. • 01.11'./;),.%.d c'i i :1C -" r f,. ST',' ... ' ) ) ss. THIRD .F RICT ) 2S r)-i N 'tary Public in and for ,MY Commission expires: THIS IS TO CERTIFY that on this 4E-T -h day of --Tctu_.f ' , 198A before me the undersigned Notary Public, personally appeared C� LE U nJ M A-1z+ 5 , known to me and to me known to be the individual described in and who executed the foregoing instrument; he acknowledged to that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS m h. d and official seal. Land, Building, and Equipment Lease Page 4 -e.Q_.0 n-) ary Public in and for ry Commission expires: KODIAK ISLAND BOROUGH RESOLUTION NO. 82-26rR A RESOLUTION OF TEIE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING LONG TERM LEASES TO THE BELLS FLATS/RUSSIAN CREEK SERVICE AREA AND FIRE PROTECTION DISTRICT ONE FOR THE LOCATION OF FIRE STATIONS ON BOROUGH OWNED LAND. WHEREAS, the Kodiak Island Borough Planning and Zoning Commission considered various sites in the Bells Flats and Mnnashku Bay areas as possible locations for fire stations; and WHEREAS, the Commission held a public hearing on February 17, 1982 and recommended two Borough owned parcels as being suitable locations for the needed fire stations; and WHEREAS, the Kodiak Island Borough Assembly approved the use of the recommended lots for fire station locations at its March 4, 1982 meeting, as follows: Alaska Subdivision; and || 2. Hells Flats/Russian Creek Service Area - A one acre portion of • Lot 2, Block 2, Tract A, Bells Flats Alaska Subdivision. 1. Fire Protection District One - Lot 3, Block 5, Miller Point • -- NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly: authorizes the administration to enter into long-term leases with Fire Protect-. Borough owned land and fire station facilities, subject to the following con- 1. The lease term shall be fifty-five (55) years; 2. The leaseholders shall indemnify the Borough from injury or • liability in regards to the,fire stations; 3. The Borough shall not be responsible for any operation or ▪ maintenance costs associated with the fire station; and 4. The leaseholders shall pay the sum of $1 00 per year for the • use of the land and facilities. PASSED AND APPROVED THIS ATTEST: / DAY OF , 1982. BY: (-11-7vri9• (99 ek/vii-Pw Kodiak Island Borough Post Office Box 1246 Kodiak, Alaska 99615 LAND, BUILDING AND EQUIPMENT LEASE This lease is made by and between the KODIAK ISLAND BOROUGH, a municipal corporation organized and existing under the laws of the State of Alaska, hereinafter referred to as the "KIB", and BELLS FLATS/RUSSIAN CREEK SERVICE AREA, hereinafter called "WOMANS BAY." For and in consideration of the mutual covenants and agreements herein contained, the KIB does hereby agree to lease to WOMANS BAY the real property, improvements and equipment described herein, hereinafter referred to as the "premises", on the following terms, conditions, and covenants: 1. Authority. This lease is authorized by Title 18 of Borough Code and Kodiak Island Borough Assembly Resolution Number 82-26-R dated April 1, 1982, a copy of which is attached hereto as Exhibit A, and by this reference incor- porated herein. 2. Real Property. The real property leased to WOMANS BAY is described as a one acre portion of Lot 2, Block 2, Tract A, Bells Flats Alaska Subdivision, Kodiak Island Borough, Alaska. 3. Improvements. The real property contains a fire station building constructed by the KIB for the exclusive use of WOMANS BAY. 4. Equipment. KIB agrees to provide initial fire suppression equipment for the exclusive use of WOMANS BAY. Any additional and/or replacement equipment will be provided by WOMANS BAY at its sole cost and expense. 5. Term. WOMANS BAY shall be entitled to possession of the leased premises for a term of fifty-five (55) years, commencing on May 1, 1983 and ending at midnight on April 30, 2038, unless sooner terminated as provided herein. 6. Rental. WOMANS BAY shall pay the KIB one dollar ($1.00) for the use of the premises herein described on each anniversary date of this agreement during the term hereof or may prepay the amount of fifty-five dollars ($55.00) upon execution of the lease. 7. Use of Premises. The premises shall be used for a fire station including a residence for one fire chief and his family, and community center and no other purposes without the prior written permission of the KIB. 8. Maintenance. WOMANS BAY agrees to keep and maintain the entire premises in good repair and in a neat, orderly and sightly condition at all times at the WOMANS BAY sole cost and expense. Necessary repairs and maintenance shall also be at WOMANS BAY sole expense. 9. Alteration. WOMANS BAY shall not make any alterations, additions or improvements in or to the leased premises without first obtaining the written consent of the KIB. 10. Utilities. WOMANS BAY agrees to be responsible for all utility ser- vices necessary for the operation of the fire station and its equipment, including but not limited to electricity, heat, snow removal, refuse collec- tion and janitorial service. 11. Insurance. WOMANS BAY, at its own expense, shall obtain and keep in force during the term of this lease, comprehensive combined single limit liability and property damage insurance. The KIB shall be named as an additional insured party against any liability arising out of WOMANS BAY use, occupancy or maintenance of the leased premises. Such insurance shall be in an amount not less than $500,000. Evidence of same shall be provided to the KIB. 12. Fire Insurance. WOMANS BAY agrees to obtain and keep in force during the term of this agreement, comprehensive fire insurance, naming the KIB as an insured party, in an amount sufficient to replace the structure and equipment leased hereunder should destruction by fire occur. 13. Hold Harmless. WOMANS BAY agrees to indemnify, save and hold the KIB harmless from any liability for damage, injury or death to any person or persons or for damage to property arising from the use, possession or occu- pancy of the premises by WOMANS BAY, with the defense of any such claim or action. If an action or proceeding is brought against the KIB by reason of a claim associated with WOMANS BAY use, possession or occupancy of the premises, WOMANS BAY shall defend such action on behalf of the KIB, at WOMANS BAY sole cost and expense. 14. Sublease. WOMANS BAY shall not sublet all or any portion of the premises without first obtaining the written consent of the KIB. 15. Assignment. WOMANS BAY may not assign, mortgage, pledge, or otherwise encumber all or any portion of this lease or the leased premises without first obtaining prior written approval from the KIB. Any assignment, pledge or encumbrance executed without first obtaining the written approval of the KIB shall be void and of no force and effect. 16. Liens or Encumbrances. WOMANS BAY shall maintain the premises free and clear of any liens or encumbrances. If at any time during the term of this lease any lien or encumbrance is filed against the premises or any part thereof, WOMANS BAY shall, at its own expense, obtain the release and discharge of the lien by payment, bonding or otherwise within thirty (30) days after receipt of written notice from the KIB. If WOMANS BAY fails to procure the discharge of any lien or encumbrance, the KIB may terminate this lease without further notice to WOMANS BAY. 17. Compliance with Laws. WOMANS BAY shall comply with all laws, regula- tions or ordinances promulgated by a proper public authority. The land described herein lies within the jurisdiction of an authorized zoning and building authority and shall be utilized in accordance with the rules, regula- tions and ordinances of such authority. Failure on the part of WOMANS BAY to comply with such rules, regulations, or ordinances shall constitute a violation hereof and subject this agreement to termination. 18. Inspection. WOMANS BAY shall permit the authorized agents and employ- ees of the KIB to enter upon the leased premises at any reasonable time for the purpose of inspecting the condition of the premises or the use thereof. 19. Rights-of--Way. The KIB reserves to itself rights-of-way as follows: a. The right to reasonable ingress or egress over and across the leased premises for the purposes of constructing or maintaining any utility or road right-of-way which the KIB is authorized to construct or maintain, and to grant itself reasonable easements over and through the leased premises for these purposes. b. The right to grant to others easements or right-of-way across the premises if it is determined to be in the best interest of the KIB to do so. 20. Minerals and Timber. WOMANS BAY shall acquire no interest whatsoever in any deposits of stone or gravel valuable for extraction or utilization, or any materials subject to Chapters 18.60 and 18.70 of the Borough Code as amended or hereafter amended. WOMANS BAY shall not sell or remove or attempt to sell or remove any timber, stone, gravel or any other material valuable for building or commercial purposes. 21. Waste. WOMANS BAY shall not commit waste or injury to the leased premises by removing timber, stone, gravel, soil or other materials except as authorized by the KIB in writing and only when necessary to the utilization of the premises. WOMANS BAY shall not cause or permit any conditions that will allow erosion of the topsoil nor shall WOMANS BAY otherwise commit waste or injury to the premises. WOMANS BAY shall take all reasonable precaution to prevent and suppress grass, brush or forest fires on the leased premises. 22. Termination. This lease may be terminated in whole or part at any time upon the mutual written agreement by the parties hereto. KIB may terminate this lease if WOMANS BAY default in the performance of any term, covenant, or stipulation of the lease and if WOMANS BAY fail or refuse to remedy such Land, Building, and Equipment Lease Page 2 default within thirty (30) days after the service of written notice by the KIB specifying the nature of the breach or default. 23. Non-Waiver. The failure by the KIB to insist upon strict performance of any term, condition or covenant of this lease or to exercise any right or remedy available on a breach there shall not constitute a waiver of any applicable term, condition or covenant of this agreement. Waiver of perform- ance of any term, condition or covenant, or any breach thereof shall be only by written instrument executed by the KIB. A waiver of any default shall not affect or alter any term, condition or covenant of this lease and those terms, conditions or covenants, shall continue in full force and effect with respect to any other subsequent default. 24. Remedies not Exclusive. Specific remedies provided in this lease relat- ing to termination shall not be exclusive and the KIB may pursue any remedy available at law for compensation of damages, with or without terminating this lease. 25. Surrender of the Premises. Upon the expiration, termination or cancella- tion of this lease for any cause whatsoever, WOMANS BAY shall peacefully and quietly surrender the leased premises in as good a condition as they were at the beginning of the lease term, normal wear and tear excluded. 26. Costs of Enforcement. The parties hereto agree that costs and expenses, including reasonable attorney fees, shall be paid by the non-prevailing party to the prevailing party in enforcing any of the terms or conditions of this lease. 27. Modification. A modification of this lease shall not be binding upon either of the parties unless reduced to writing and signed by both the KIB and WOMANS BAY. 28. Notices. Any notice, demand or delivery under this lease shall be in writing and shall be effective upon mailing by certified mail with charges prepaid to the other party at the address stated below or to such other address as either party may, from time to time, furnish in writing to the other party: KIB WOMANS BAY Borough Manager Kodiak Island Borough P. O. Box 1246 Kodiak, Alaska 99615 Chairman Bells Flats/Russian Creek Service Area Box 2015 Kodiak, Alaska 99615 29. Construction. This lease shall be governed by and construed in accord- ance with the laws of the State of Alaska. Words of gender used in this lease shall mean and include any other gender and singular shall mean and include the plural and the plural the singular, where applicable, and when the tense requires. 30. Severability. If any clause or provision of this lease is determined by a Court of competent jurisdiction to be invalid, it shall not effect the validity of any other clause or provisions of this lease. AGREED TO THIS DAY OF 1983. Land, Building, and Equipmeht,Lease Page 3 KODIAK ISLAND BOROUGH By Its Manager BELLS FLATS/RUSSIAN CREEK SERVICE AREA By Its Chairman STATE OF ALASKA. ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 1983, before me, the undersigned Notary Public for the State of Alaska, duly commis- sioned and sworn as such, personally came Philip C. Shealy, Manager of the KODIAK ISLAND BOROUGH, and acknowledged that said_ instrument was signed and sealed on behalf of the KODIAK ISLAND BOROUGH by proper authority delegated and vested in himself, and acknowledged further said instrument to be the free act and deed of said KODIAK ISLAND BOROUGH. IN WITNESS WHEREOF, I have hereunto to set my hand and affixed my seal the day, month and year first above written. Notary Public in and for Alaska My Commission expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 198 before me the undersigned Notary Public, .personally appeared , known to me and to me known to be the individual described in and who executed the foregoing instrument; he acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal. Notary Public in and for Alaska My Commission expires: Land, Building, and Equipment Lease Page 4 KODIAK ISLAND BOROUGH POST OFFICE BOX 1246 KODIAK, ALASKA 99615 LEASE AGREEMENT This Lease Agreement is made and executed on the day, month and year hereinafter last specified, by and between Kodiak Island Borough, a borough organized and existing under the laws of the State of Alaska, hereinafter called "Lessor ", and hereinafter called "Lessee ". For and in consideration of the covenants, payments and demises, and upon the terms and conditions hereinafter set forth, the parties agree as follows: 1. Real Property. Lessor, for and in consideration of the payments, covenants and conditions hereinafter specified to be paid, performed and observed by Lessee, does hereby let, lease and demise to Lessee, the real property located in the Kodiak Recording District, Third Judicial District, State of Alaska, more particularly described as and containing acres, more or less. 2.- Improvements. Lessor will construct a fire station on the real property described above for the exclusive use of the Lessee. 3. Equipment. Lessor will provide fire suppression equipment for the exclusive use of the Lessee. 4. Term.- This lease agreement shall be-effective for a term of fifty -five (55) years, commencing on the day of 1982, and ending at midnight on the day of 3 , 2037, unless sooner terminated as provided herein. 5. Payments. Lessee shall pay Lessor One Dollar (51.00) for the combined use of the real property, improvements and equipment herein described, on the 1st of January of each year durinn the term of this agreement. 6. Alteration of Premises. Lessee shall not make any alterations, additions or improvements in or to the leased premises - without first obtaining the written consent of the Lessor. Any such alterations; additions and improvements consented to by Lessor shall be made at Lessee's expense. Lessee shall secure all governmental permits required in connection with such work, and shall hold Lessor harmless from all liability and liens resulting therefrom. All aterations, additions and improvements, except trade fixtures and appliances and equipment which do not become attached to the buildings, shall immediately become a part of the realty and the property of the Lessor without obligation . to pay therefor, except that Lessor may require removal of all or part thereof by Lessee at the termination of the lease, at Lessee's expense, and Lessee shall pay for or repair any damages to the leased premises, including, without limitation, any necessary patching,-repainting and repairing caused by such removal. Upon removal of the trade fixtures and appliances and equipment which do not become attached to the building, Lessee shall restore the leased premises to the same condition that they were in prior to the installation of • said items, including, without limit- ation, any necessary patching, repainting and repairing. Any trade fixtures, aoplicances, equipment or other property not removed from the leased premises by Lessee upon termination of the lease shall be deemed abandoned by Lessee, provided that Lessee shall save Lessor harmless from any loss, cost, or damage arising from Lessee's failure to remove such items. 7. Use of Premises. The leased premises shall be used for a fire station and for no other purpose, without the prior written consent of Lessor. Lessee shall not use or permit the leased premises or any part thereof to be used for any purpose in violation of any municipal, borough, state, federal or other governmental. law, ordinance, rule or regulation. Lessee agrees that Lessee, together with all other persons entering and/ .or occupying the leased premises_at Lessee's request or with Lessee's permission, will abide by, keep and observe all reasonable rules and regulations which Lessor may make from time to time for the management, safety, care and cleanliness of the.building, and the preservation of good order therein and for the use of any parking areas adjacent to the building.. The violation of any such rules and regulations shall be deemed a material breach of the lease by Lessee. Lessee shall not, without Lessor's prior written consent, use, operate or install any electrical or mechanical equipment, machinery or mechanical devices in the leased premises, except in compliance with the highest standards applicable to the use, operation, or installation of such equipment, machinery or devices, generally recognized by the profession or industry in which Lessee is engaged, nor shall Lessee use the leased premises, or any machinery or equipment therein, in such a' manner as to cause substantial noise or vibration. 8. Utilities. Lessee shall furnish, at its expense, the following utilities and services for normal use of the leased premises: (a) Electricity. (b) Heat, snow removal, and sewer and water service. (c) Janitorial service for the leased premises and periodiCr. exterior window washing. (d) Refuse collection. Lessee shall provide at his expense all 'other.utilities and services used at the leased premises. 9. Maintenance and Repairs. Lessee shall, at its expense, maintain and keep in good repair the foundations, exterior walls, roof and other structural portions of the building. Lessee shall, at its expense, maintain the interior of the leased premises at all times in good condition and repair, all in accordance with the laws of the State of Alaska and all directions and regulations of governmental agencies having jurisdiction thereof., 'Lessee shall at its expense,Hmaintain Lessor's equipment 'in good condition and repair at all times. Lessee shall commit no waste of any kind in or about the leased premises, and shall pay for all damage to the building caused by Lessee's misuse or neglect of the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Lessee shall surrender the leased premises in good and clean condition, normal wear and tear excepted. Lessee shall maintain and repair all plumbing, lines and equipment installed for the general .supply of hot and cold water, heat, ventilation and electricity and shall be responsible for any and all maintenance and repairs attributable to obstructions or objects deliberately or inadvert- ently introduced or placed in the fixtures, lines or equipment by Lessee, its employees, agents; licensees or invitees. Lessor shall not be responsible or liable at any time for any loss or damages to Lessee's equipment, fixtures or other personal property of Lessee. Lessor shall not be responsible or liable to Lessee or to those claiming by, through or under Lessee for any loss or damages to either the person or property of Lessee that may be occasioned by or through the acts or omissions of persons occupying the building. Lessor shall not be responsible or liable for any defect, latent or otherwise, in the building in which the leased premises is situated, or any of the equipment, machinery, utilities, appliances or apparatus therein nor shall it be responsible or liable for any injury, loss or damage—to any person or toaany property of Lessee or other person caused by or resulting from bursting, breakage or by or from leakage, steam or snow or ice, running or the overflow of water or sewerage in any part of said leased premises, the building, or the surrounding area, or for any injury or damage caused by or resulting from acts of God or the elements, or for any injury or damage caused by or resulting from any defect in the occupancy, construction, operation or use of any of said leased premises, building, machinery, apparatus or equipment by any person or by or from the acts or 'negligence of any occupant of the premises. 10. Fire and Other Casualty. Should the leased premises be damaged by fire or other casualty, and if the damage is repairable within four (4) weeks from the date of the occurrence (with, the repair work and the pre- parations therefor to be done during regular working hours on regular work days), the damages shall be repaired with due diligence by Lessor. Should the leased premises be completely destroyed by fire or other casualty, or should they be damaged to such an extent that the damage cannot be repaired within four (4) weeks of the occurrence, Lessor shall have the option to -2- terminate this lease, and Lessor shall advise Lessee within thirty (30) days after the happening of any such damage whether Lessor has elected to continue this lease in effect or to terminate same. If Lessor shall elect to continue this lease in effect, it shall commence and prosecute with reasonable diligence any work necessary to restore or repair the leased premises. If Lessor shall fail to notify Lessee of its election within said thirty-day period, or shall not have commenced the restoration or repair work within said period, Lessor shall be deemed to have elected to terminate this lease, and the lease shall thereafter automatically terminate. The commencement by Lessor of repair work shall be deemed to constitute notice that it has elected to restore or repair the leased premises. 11. Subletting and Assignment. Lessee shall not sublet the leased premises, or any part thereof, or assign this lease or any part thereof, nor shall this lease be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Lessor to such subletting or assigning; any such assignment or sublease without Lessor's written consent shall be void. 12. Indemnification. Lessee agrees to protect, defend, indemnify-and hold harmless Lessor from and against any and all claims (no matter how merit- less), demands, and causes of action of any nature whatsoever, and any expenses incident to defense of and by Lessor therefrom, for injury to or death of persons or loss of or damage of property occurring on the leased premises, or in any manner arising out of Lessee's use and occupation of said premises, or the condition thereof, during the term of this lease. Lessee shall procure and maintain public liability insurance coverage, naming Lessor as an insured, which coverage, pertaining to the leased premises and equipment shall not be less than 5500,000 per person for bodily injury or death, and 51,000,000 for property damage. 13. Liens.- Lessee will not permit any mechanics', laborers' or materialmens' liens to stand against the leased premises or improvments for any labor or materials furnished to Lessee, or to Lessee's agents, contractors or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improve- ments by or at the direction or sufferance of Lessee; provided, however, Lessee shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Lessee shall give to Lessor such reasonable security as may be demanded by Lessor to insure payment of such lien or such claim of lien. Lessee will immediately pay any judgement rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Lessee's own expense. The foregoing provisions respecting liens shall apply to all liens, of any kind or nature, asserted against the leased premises or improve- ments thereon, including liens arising out of, incident to, or connected with the use and occupation of the leased premises by Lessee. 14. Default. If Lessee at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity or before any administrative tribunal, which have or might have the effect of preventing Lessee from complying with the terms of this lease) shall: (a) fail to make any annual payment herein specified to be paid by Lessee, and Lessee fails to cure such default within ten (10) days after such failure to make payment; or (b) fail to observe or perform any of Lessee's other covenants, agreements or obligations hereunder, and if within thirty (30) days after Lessor shall have given to Lessee written notice specifying such default or defaults, Lessee shall not have commenced to cure such default and pro- ceed diligently to cure the same; or (c) if Lessee has filed a Petition for an Arrangement under Chapter 11 of the Bankruptcy Act, 110S.C.701 et.seq., or a voluntary petition under any other provision of said Bankruptcy Act, or if Lessee finally and without further possiblity of appeal or review: (1) is adjudicated a bankrupt or insolvent; or (2) has a receiver appointed for all or subtantially all of its business or assets on the ground of Lessee's insolvency; or (3) has itself appointed as a debtor-in-possession;-or (4) has a trustee appointed for it after a petition has been filed for Lessee's reorganization under the Bankruptcy Act of the United States known as the Chanlder Act or any future law of the United States having the same general purpose; or (5) if Lessee shall make an assignment for the benefit of creditors, then in any such event Lessor shall have the right at its election, then or at any time thereafter, and while such defaults or events shall con- tinue, to give Lessee notice of Lessor's intention to terminate this lease and all Lessee's rights hereunder, on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving such notice, and on the date specified in such notice, the term of this lease and all rights granted Lessee hereunder shall come to an end 'as-fully as if the lease then expired by its own terms, and Lessee hereby covenants peaceable and quietly toyield up and surrender to Lessor said leased.premises and all structures, buildings, improvements and equipment located thereon, and to execute and deliver to Lessor such instrument or instruments as - shall be required by Lessor as will properly evidence termination of Letsee's rights hereunder or its interest therein. In the event of termination of this lease as in this paragraph above provided, Lessor shall have,theright: to repossess the leased premises and such structures, buildings, improvements and equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for and recover damages arising out of any breach on the part of Lessee. 15. Notices. Any and all notices required or permitted under this lease, unless otherwise specified in writing by the party whose address is changed, shall be mailed, by certified or registered mail, or hand delivered, to the following addresses: Lessor: Lessee: Kodiak Island Borough P.O. Box 1246 Kodiak, Alaska 99615 Any such notices shall be deemed effective on the date of mailing or ! delivery. 16. Costs Upon Default. In the event either party shall be-in default in the performance of any of its obligations under this lease and an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefor, including reasonable attorney's fee. In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such, other party shall pay all costs and reasonable attorney's fees incurred or paid by such party.in connection with such litigation. 17. Rights or Remedies. Except insofar as this is consistent with or contrary to any provision of this lease, no right or remedy herein conferred upon or reserved to Lessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 18. Non-Waiver. The failure by the Lessor to insist upon strict per- formance of any term, condition or covenant of this lease to exercise any right or remedy available on a breach thereof, or the acceptance of full or partial payments during the continuance of any breach shall not con- stitute a waiver of any applicable term, condition or covenant of this agreement. Waiver of performance of any term, condition or covenant, or any breach thereof shall be only by written instrument executed by the Lessor. A waiver of any default shall not affect or alter any term, condition or covenant of this lease and those terms, conditions or covenants, shall continue in full force and effect with respect to any other subsequent default. -4- 19. Inspection. Lessor shall at all reasonable times during Lessee's business hours have access to the premises for the purpose of inspection. 20. Successors in Interest. This lease shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 21. Excuse for Nonperformance. Either party hereto shall be excused from performing any or all of its obligations hereunder with respect to any repair and construction work required under the terms of this lease for such times the performance of any such obligation is prevented or de- layed by an act of God, floods, explosion, the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, action by labor unions, or laws or order of governmental agencies, or any other cause whether similar or dis- similar to the foregoing which is not within the reasonable control of such party 22. Construction of Lease. This lease shall be governed by and-ton-. strued in accordance with the laws of the State of Alaska. Words of gender used in this lease shall mean and include any, other gender, and singular shall mean and include the plural and the plural the singular, where applicable, and when the tense requires. 23. Modification. A modification of this lease shall not be binding upon either of the parties unless reduced to writing and signed by both the Lessor and Lessee. 24. Termination. This lease may be terminated in whole or part at any time upon the mutual written agreement by the parties. Lessor may terminate this lease if the Lessee defaults in the performance of any term, covenant or stipulation of the lease, and if Lessee fails or re- fuses to remedy such default within thirty (30) days after the service of written notice by the Lessor specifying the nature of the breach or default. 25. Surrender of the Premises. Upon the expiration, termination or cancellation of this lease for any cause whatsoever, the Lessee shall peacefully and quietly surrender the leased premises in as good a con- dition as they were at the beginning of the lease term. - - 26. Rights of Way. The Lessor reserves to itself; (a) the right to reasonable ingress or egress over and across the leased premises for the purposes of constructing or maintaining any utility or road right-of-way which the Borough is authorized to construct or maintain, and to grant to itself reasonable easements over and through the leased premises for these purposes. (b) the right to grant to others easements or right-of-ways across the premises if it is determined to be in the best interest of the Lessor to do so. 27. Waste. The Lessee shall not commit waste or injury to the leased premises by removing timber, stone, gravel, soil or other materials except as authorized by the Lessor, as necessary to the utilization of the premises. Lessee shall not cause or permit and conditions that will allow erosion of the topsoil nor shall Lessee otherwise commit waste or injury to the permises. 28. Compliance with Laws. Lessee shall comply with all laws as currently existing or hereafter amended or enacted related to the possession, use and occupancy of the leased premises, including but not limited to applicable zoning rules and regulations and ordinances of the Kodiak Island Borough. 29. Hold Harmless. Lessee agrees to indemnify, save and hold the Lessor harmless from any liability for damage or injury to any person or property arising from the use, possession or occupancy of the premises by the Lessee with the defense of any such claim or action. If an action or proceeding is brought against the Lessor by reason of a claim associated with Lessee's use, possession or occupancy of the premises, Lessee shall defend such action en behalf of the Lessor, at Lessee's sole cost and expense. . 30. Borough Ordinances Incorporated. All applicable provisions of Chapter 40 of Title 18 of the Ordinances of the Kodiak Island Borough relating to the leasing of Borough real property are hereby incorporated by reference as part of this lease. 31. Severability. If any clause or provision of this lease is determined by a Court of competent jurisdiction to be invalid, it shall not effect the validity of any other clause or provision of this lease. AGREED TO THIS DAY OF , 1982. STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT) LESSOR: KODIAK ISLAND BOROUGH BY: ITS: LESSEE: BY: ITS: THIS IS TO CERTIFY that on the day of , 1982, before me, the undersigned Notary Public for the State of Alaska, duly commissioned and sworn as such, personally came , Manager of the Kodiak Island Borough, and acknowledged that said instrument was signed and sealed in behalf of the Kodiak Island Borough by proper authority delegated and vested in himself, and acknowledged further said instrument to be the free act and deed of said Kodiak Island Borough. IN WITNESS WHEREOF, I have hereunto set my'hand and affixed my seal the day and year first above written. STATE OF ALASKA THIRD JUDICIAL DISTRICT) SS. Notary Public in and for Alaska My Commission Expires: THIS IS TO CERTIFY that on this day of me the undersigned Notary Public, personally appeared , 1982, before known to me and to me known to be the individual (s) described in and who executed the foregoing instrument; he/she/they acknowledged to be that he/she/they signed the same freely and voluntarily for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. Notary Public in and for Alaska My Commission Expires: -6- CASE 82-017 KODIAK ISLAND BOROUGH M E M O R A N D U M DATE: August 20, 1982 TO: Dave Waldron, Facility Coordinator FROM: Will Walton, Director of Community Development Ld,,,Y.G SUBJ: Lot 2, Block 2, Tract A, Bells Flats Alaska Subdivision Per your request please find attached a copy of our report to the Planning Commission on the use of the subject property for a fire station. The setback information in the report is still valid. The front yard setback (30') should be measured from the Sargent Creek Road property line. Please let us know if you need additional information. CC: Case .82- 017 "`��,, WAW /jmj KODIAK ISLAND BOROUGH MEMORAN1DUM DATE: February 4, 1982 TO: Planning and Zoning Commission FROM: Community Development Department p/aeGVAii SUBJ: Staff report for February 17, 1982 meeting RE: Case82-017. Public hearing on the proposed use of lot 2, block 3, Tract A, Bells Flats Alaska Subdivision, as a fire station site for the Bells Flats Service District. (Community Development Department) HISTORY In September of 1981 the Borough was granted $1.5 million in Municipal Aid. Program monies by the State of Alaska. Kodiak Island Borough Resolution No. 81-48-R was adopted by the Assembly on September 3, 1981 and $250,000 of the grant funds were allocated for the construction of a fire station in the Bells Flats Service District. The purchasing of a fire engine is included in the allocation. FIRE STATION LOCATIONS Fire stations should be located centrally in the area to be served. Good access to the street system is important and an available water source is desireable. Response times in the area to be served should not exceed ten minutes. The availablity of land at a reasonable cost is paramount because of the limited funds involved. SITES INVESTIGATED All of the Borough owned land in the Womens Bay Community was investigated for possible use as a location for a fire station. After reviewing each site, lot 2, block 2, Tract A, appears to be the best candidate. SITE CHARACTERISTICS 1. Legal description - lot 2, block 2, Tract A, Bells Flats Alaska Subdivision. 2. Location - Sargent Creek Road, Womens Bay Memorandum Page 2 82-017 3. Size - 4.15 acres or 180,774 square feet. 4. Owner - Kodiak Island Borough 5. Zoning - I-Industrial (Permitted Use) setbacks - front yard - 30 feet side yard - 20 feet rear yard - 20 feet height - no limit ' minimum lot area - 20,000 square feet 6. Adjacent zoning - Industrial and Conservation � (KIB . Appraised value - SO on 11-2-81 `Kl8 As3es.sOr/ \ 8. Site - previously cleared and levelled with Cottonwoods On the lots' exterior.- Good access is present. 9. Land Use - property is presently unoccupied land in an industrial area.- 10. Major Constraint - none identified. WOMENS BAY COMMUNITY The Womens Bay Community Council unanimously recommended approval of lot 2, block 2, Tract A, as the preferred location for the Service District's fire station at its February 2, 1982 meeting. The Service District and Fire Protection Committee of the Council also recommend approval. . PLANNING COMMISSION REVIEW Public uses are permitted in the Industrial District. Commission review is therefore necessarily limited to Section 2'24'030/K\ of Borough Code, as follows: "No public improvements shall be authorized by the Borough Assembly until the recommendations of the Commission shall have been received and reviewed by the Boough Assembly." RECOMMENDATION Staff recommends that the Commission approve the use of lot 2, block 2, Tract A, Bells Flats Alaska Subdivision, as the site for the Bells Flats Service District fire station. 6 PUBLIC NEARING NOTICES MAILED ON FEBRUARY 6, 1982 . CASE 82-017 LOCATION AND ZONING MAP • ■••••;:o : • • 00ittto4 KIB Mtg. - April 1, 1982 Page 4 Seconded by Mr. Arndt. Amendment carried by unanimous voice vote. Mr. Anderson moved to amend by deleting 8 -2 and reserve it for municipal and public use. Seconded by Mr. White. Amendment failed 3 -4 with Mr. Anderson, Mr. Wakefield and Mr. White casting the YES votes. The main motion as amended carried 5 -2 with Mr. Wakefield and for. White casting the NO votes. E. Res. No. 82 -26 -R Authorizing Long Term Leases To The Bells Flats /Russian Creek Service Area And Fire Protection District One For The Location Of Fire Stations On Borough Owned Land. Mr. White moved to adopt Resolution No. 82- 26 -R. Seconded by Mr. Beaty. Motion carried with no objection. F. Res. No. 82 -27 -R Authorizing The Receipt And Expenditure Of Funds To Construct A School At Chiniak. Mr. Murray moved to adopt Resolution No. 82 -27 -R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. Murray moved to authorize Management to obtain design proposals to construct the water system on the original school site. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. G. Res. No. 82 -28 -R Authorizing Inter -Fund Borrowing For Phase II Of The Capital Projects For School Facilities. Mr. Peotter moved to adopt Resolution No. 82 -28 -R. Seconded by Mr. Anderson. Motion carried 5 -2 with Mr. Beaty and Mr. Wakefield casting the NO votes. H. Res. No. 82 -29 -R Establishes Board Of Equalization Dates For The 1982 Original Tax Assessment Valuation Report. Mr. Peotter moved to adopt Resolution No. 82 -29 -R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. I. Memo re: Work of Art - Akhiok, Karluk and Chiniak Schools Mr. Peotter moved to proceed with Works of Art for Akhiok in the budget amount of 511,500, Karluk $16,600 and Chiniak $14,100. Seconded by Mr. Wakefield. Motion failed 2 -5 with Mr. Murray and Mr. Peotter casting the YES votes. J. Bid for Anesthesia Machine Mr. Peotter moved to approve the Anesthesia Machine bid of $13,899 with the stipulation that it must be covered through machine equipment grant receipts. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. ,l K. Budget Approvals For Fire District. Capital Expenditure Programs Mr. Peotter moved to establish budgets for Fire Protection Area Number One and Bells Flats- Russian Creek Service Area as presented by the Manager. Seconded by Mr. White. Motion carried by unanimous voice vote. Equipmeht $ 80,000 Design $ 39,050 Administration S 2,900 Construction S 128,050 S 250,000 (each Service Area) L. Data Processing Use Agreement Mr. Murray moved to direct Management to execute a contract for Data Processing use agreement between the Kodiak Island Borough and the Kodiak Island School District. Seconded by Mr. Arndt. ��w Kits Mtg. - April 1, 1982 Page 4 Seconded by Mr. Arndt. Amendment carried by unanimous voice vote. Mr. Anderson moved to amend by deleting 8 -2 and reserve it for municipal and public use. Seconded by Mr. White. Amendment failed 3 -4 with Mr. Anderson, Mr. Wakefield and Mr. White casting the YES votes. The main motion as amended carried 5 -2 with Mr. Wakefield and Mr. White casting the NO votes. E. Res. No. 82 -26 -R Authorizing Long Term Leases To The Bells Flats /Russian Creek Service Area And Fire Protection District One For The Location Of Fire Stations On Borough Owned Land. Mr. White moved to adopt Resolution No. 82 -26 -R. Seconded by Mr. Beaty. Motion carried with no objection. F. Res-. No: 82.27 -R Authorizing The Receipt And Expenditure Of Funds To Construct A School At Chiniak. Mr. Murray moved to adopt Resolution No. 82 -27 -R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. Murray moved to authorize Management to obtain design proposals to construct the water system on the original school site. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. G. Res. No. 82 -28 -R Authorizing Inter -Fund Borrowing For Phase II Of The Capital Projects For School Facilities. Mr. Peotter moved to adopt Resolution No. 82 -28 -R. Seconded by Mr. Anderson. Motion carried 5 -2 with Mr. Beaty and Mr. Wakefield casting the NO votes. H. Res. No. 82 -29 -R Establishes Board Of Equalization Dates For The 1982 Original Tax Assessment Valuation Report. Mr. Peotter moved to adopt Resolution No. 82 -29 -R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. I. Memo re: Work of Art - Akhiok, Karluk and Chiniak Schools Mr. Peotter moved to proceed with Works of Art for Akhiok in the budget amount of $11,500, Karluk $16,600 and Chiniak $14,100. Seconded by Mr. Wakefield. Motion failed 2-:5 with Mr. Murray and Mr. Peotter casting the YES votes. J. Bid for Anesthesia Machine Mr. Peotter moved to approve the Anesthesia Machine bid of 513,899 with the stipulation that it must be covered through machine equipment grant receipts. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. K. Budget Approvals For Fire District. Capital Expenditure Programs Mr. Peotter moved to establish budgets for Fire Protection Area Number One and Bells Flats- Russian Creek Service Area as presented by the Manager. Seconded by Mr. White. Motion carried by unanimous voice vote. Equipment $ 80,000 Design S 39,050 Administration S 2,900 Construction S 128,050 $ 250,000 (each Service Area) L. Data Processing Use Agreement Mr. Murray moved to direct Management to execute a contract for Data Processing use agreement between the Kodiak Island Borough and the Kodiak Island School District. Seconded by Mr. Arndt. KODIAK ISLAND BOROUGH RESOLUTION NO. 82 -26 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING LONG TERM LEASES TO THE BELLS FLATS /RUSSIAN ,CREEK SERVICE AREA AND FIRE PROTECTION DISTRICT ONE FOR THE LOCATION OF FIRE STATIONS ON BOROUGH OWNED LAND. . WHEREAS, the Kodiak Island Borough Planning and Zoning Commission • I considered various sites in the Bells Flats and Monashka Bay areas as possible locations for fire stations; and WHEREAS, the Commission held a public hearing on February17, 1982 " and recommended two Borough owned parcels as being suitable locations for the needed fire stations; and WHEREAS, the Kodiak Island Borough Assembly approved the use of the recommended lots for fire station locations at its March 4, 1982 meeting, as follows: 1. Fire Protection District One - Lot 3, Block 5, Miller Point Alaska Subdivision; and 2. Bells Flats /Russian Creek Service Area - A one acre portion of Lot 2, Block 2, Tract A, Bells Flats Alaska Subdivision. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly authorizes the administration to enter into•long -term leases with Fire Protect -. ion District One and the Bells Flats /Russian Creek Service Area for the use of "Borough owned land and fire station facilities, subject to the following con- ditions; 1. The lease term shall be fifty -five (55) years; 2. The leaseholders shall indemnify the Borough from injury or liability in regards to the fire stations;" .3. The Borough shall not be responsible for any operation .or . maintenance costs associated with the fire station; and 4. The leaseholders shall pay the sum of $1.00 per year for the use of the land and facilities. PASSED AND APPROVED THIS /'" DAY OF x•,\..17.) ATTEST: III . BY: :or.ugh C r KODIAK ISLAND BORO GH BY: , 1982. Borough Mayor KODIAK ISLAND BOROUGH MEMORANDUM DATE: March 22, 1982 TO: Phil Shealy, Borough Manager FROM: Community Development Department ii(iairrni SUBJ: Information for. Assembly's April 1, 1982 meeting. RE: Resolution No. 82 -26 -R. Authorizing Long Term Leases to the Bells Flats /Russian Creek Service Area and Fire Protection District One for the location of fire stations on Borough owned land. Attached is the Resolution which, if adopted, authorizes staff to prepare 55 year leases for the,fire service districts to utilize the parcels approved by the Assembly on March 4, 1982 and the facilities to be constructed on them. z�,- �^�� *:. �..,. =^arc„ .- ...._. •�,:.. � � KIB Mtg. - March 4, 1982 Page 6 C. Fire Station Site for Bells Flats Service District Mr. Peotter moved that one (1) acre of lot 2 block 2 Tract A Bells Flats AK Subdivision be surveyed out as the fire station site for the Bells Flats Service District. Seconded by Mr. White. Motion carried with no objection. D. Res. No. 82 -17 -R Adopting The Women's Bay Community Plan Dated For 1982. Mr. Wakefield moved to adopt Resolution No. 82 -17 -R. Seconded by Mr. White. Mr. Murray moved to amend by the following: 1. Designate lots 2 and 3, block 5, Tract A, Bells Flats AK Subdivision, for future municipal usage and the preferred location for a sewer treatment plant, on Map One; 2. Designate lots 1 and 4, block 5, Tract A, Bells Flats AK Subdivision, as future parks and open space, on Map one; 3. Clarify "greenbelt" in the text; 4. Change one acre to 40,000 square feet in the chapter on Community Philosophy; and 5. Add wording stating that all gravel will be removed from the B Tracts before other material sites are opened on Borough owned land, in Women's Bay core area on Map 1. Seconded by Mr. Arndt. Amendment carried by unanimous voice vote. Mr. Murray moved to further amend that the map reflect that the zoning on the B Tracts is industrial presently and it should reflect a brown overlay. Seconded by Mr. Arndt. Amendment failed 3 -4 with Mr. Arndt, Mr. Beaty and Mr. Murray casting the YES votes. Main motion as amended carried by unanimous roll call vote. E. Res. No. 82 -18 -R Authorizing Application To The State of Alaska Dept. of Community & Regional Affairs For Coastal Energy Impact Program (C.E.I.P.) Grants. Mr. Murray moved to adopt Resolution No. 82 -18 -R. Seconded by Mr. Wakefield. Mr. Peotter moved to amend by deleting under the NOW, THEREFORE BE IT RESOLVED items 5, 6 and 7. Seconded by Mr. Wakefield. Amend- ment carried 5 -2 with Mr. Arndt and Mr. White objecting. Main motion as amended carried by unanimous voice vote. F. Ord. No. 82 -15 -0 Amending The Investment Policy Of The Kodiak Island Borough. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 82 -15 -0. Seconded by Mr. Beaty. Motion carried 6 -1 with Mr. Peotter objecting. Mr. Peotter moved to finish the agenda. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. . G. Ord. No. 82 -16 -0 Amending Title 15 Of The KIB Code Pertaining To Sanitary Facilities. (1st Rdg.) Mr. White moved to adopt Ordinance No. 82 -16 -0. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. H. Res. No. 82 -19 -R Authorizing The Acceptance Of A Design Contract For The Assembly Chambers. Mr. Murray moved to accept Resolution No. 82 -19 -R. Seconded by Mr. Wakefield. Motion carried 6 -1 with Mr. Beaty objecting. I. Res. No. 82 -20 -R Authorizing Staff To Effect Certain Contract Changes On The High School Roof Project. Mr. Anderson moved to adopt Resolution No. 82 -20 -R. Seconded by Mr. Murray. Motion carried with Mr. Wakefield and Mr. White objecting. KODIAK ISLAND BOROUGH M E M O R A N D U M DATE: February 22, 1982 P6 TO: Phil Shealy, Borough Manager FROM: Will Walton, Director of Community Development k. 4 - SUBJ: Information for Assembly's March 4, 1982 meeting RE: Case 82 -017. Results of public hearing on the proposed use of lot 2, block 2, Tract A, Bells Flats Alaska Subdivision, as a fire station site for the Bells Flats Service District. (KIB Assembly) HISTORY The Borough Assembly recently appropriated $250,000 for the construction of a fire station and the purchase of a fire engine for the Bells Flats Service District. The Community Development Department was directed to locate a parcel of Borough owned land which could serve as a site for the station. ACTION Be advised that the Planning and Zoning Commission, at its February 17, 1982 meeting, held a legally advertised and noticed public hearing on the question of using lot 2, block 2, Tract A, Bells Flats Alaska Subdivision, as a fire station site. Representatives of the Womens Bay Community Council were present and testified in favor of the proposed location. Also, the Service District met on February 1, 1982 and recommended approval of the proposed site. Following the public hearing, the Commission voted unanimously to recommend approval of lot 2, block 2, Tract A, Bells Flats Alaska Subdivision, as the location for the Bells Flats Service District fire station. Attached for the Assembly's information is a copy of the staff report prepared for the Commission. KODIAK ISLAND BOROUGH February 19, 1982 Mr. Bill Williams, Chairman Womens Bay Community Council Box 240 Kodiak, Alaska 99615 Dear Bill Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 L- - - - Please be advised that the Planning and_Zoning-Comffiftsion, at its February 17, 1982 meeting, approved the -use -02 Borough owned land known as lot 2, block 2, Tract A, Bells Flats Alaska Subdivision, as a fire station site for the Bells Flats Service District. This matter will be forwarded to the Borough Assembly for ; consideration at its- March 4, 1982 meeting. Should you have any questions on this item do not hesitate to contact us at 486-5736. Sincerely, William A. Walton Community Development Department Director CC: Mike Green WAW/jmj - KODIAK ISLAPND BOROUGH PLANNING' February 17, 1982, regular mee Page 9 ,ZONING COMMISSION MINUTES Mrs. Strickert where does this go from here? Mr. Walton it goes to the Assembly then to the District Court. Mrs. Strickert how long does that take? Mr. Walton about 60 days or longer. Mr. Ball moved to postpone action on this request until the April 21, 1982 meeting and have the livestock owners bring us a solution for restricting their cattle from the Coast Guard Base and the Airport. Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote. Discussion between the Commission members on adjourning the meeting and continuing on February 18, 1982 at 12:00 noon. It was decided to finish. 10. PUBLIC HEARING ON CASE 82 -016. Public hearing on lot 3, block 5, Miller Point Alaska Subdivision for the use of the lot as a fire station location for Service District Number 1. (Community Development Department) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Department which recommended approval. Mrs. Crowe closed the regular meeting and opened the public hearing. Yeshi Benyamin in favor of the fire station. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ramaglia moved to approve lot 3, block 5, Miller Point Alaska Subdivision as a location for a fire station with the findings that the land use proposed is essential and desireable to the public's convenience, safety, and general welfare and is in harmony with the elements and objectives of the Comprehensive Plan and Title 17 of Borough Code. Seconded by Mrs. Strickert. Motion PASSED by unanimous voice vote. 11. PUBLIC HEARING ON CASE 82 -017. Public hearing on Tract A, lot 2, block 2, Bells Flats Alaska Subdivision for the use of the lot as a fire station location for the Bells Flats Service District. (Community Development Department) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Department which recommended approval. Mrs. Crowe closed the regular meeting and opened the public hearing. Mr. Cobis Chairman of the Bells Flats Road and Fire District, we are in favor of the location. Mr. Ramaglia moved to approve the location of a fire station on lot 2, block 2, Tract A, Bells Flats Alaska Subdivision. Seconded by Mrs. Strickert. Motion PASSED by unanimous voice vote. • 12. CONSIDERATION OF CASE S -81 -002 (final) vacation of Tracts A and B, block 39, and lots 9 through 16, block 38, East Addition, USS 2538B; and replat to Tract C, East Addition, USS 2538B: New Main Elementary School Complex. (Kodiak Island Borough) STAFF REPORT: Mr. Crowe presented the staff report based on a memorandum prepared by the Engineering Department which recommended final approval. Mrs. Strickert moved to grant final approval of the vacation of Tracts A and B, block 39, and lots 9 through 16, block 38, East Addition, USS 2538B; and replat to Tract C, East Addition, USS 2538B: New Main Elementary School Complex. Seconded by Mr. Ramaglia. Motion PASSED by unanimous voice vote. 13. CONSIDERATION OF CASE S- 81- 016. (final) vacation of lots 2 and 3, block 7, Bells Flats Alaska Subdivision; and replat to lots 2A, 2B, 2C, 2D, 2E, 2F, 2G, 2H, 2I, 2J, 2K, 2L and 2M, block 7, Bells Flats Alaska Subdivision. (Russell J. Welborn) STAFF REPORT: Mr. Crowe presented the staff report based on a memorandum prepared by the Engineering Department which recommended the vacation be returned to the applicant and resubmitted with all the correct data. WOMENS BAY COMMUNITY COUNCIL BOX 240 KODIAK ALASKA 99615 Kodiak Island Borough Planning and Zoning Commission Kodiak Alaska Dear Comissioners, The Wbmens Bay Community Council meeting of 2 February 1982 addressed the location of the proposed firehouse. After committee reports and discussion of available sites the council voted unanimously for the location of Tract A, Block 2, Lot 2, Bells Flats Subdivision. We feel this to be a prime location and less expensive to prepare for construction. It is requested that you give consideration to this location in your recommendations to the Borough Assembly. Sincerely Chairman Womens Bay Community Council • • KODIAK ISLAND BOROUGH MEMORANDUM DATE: February 4, 1982 TO: Planning and Zoning Commission FROM: Community Development Department A/4.q /aa SUBJ: Staff report for February 17, 1982 meeting RE: Case 82 -017. Public hearing on the proposed use of lot 2, block 3, Tract A, Bells Flats Alaska Subdivision, as a fire station site for the Bells Flats Service District. (Community Development Department) HISTORY In September of.1981 the Borough was granted $1.5 million in Municipal. Aid Program monies by the State of Alaska. Kodiak Island Borough Resolution No. 81 -48 -R was adopted by the Assembly on September 3, 1981 and $250,000 of the grant funds were allocated for the construction of a fire .station in the Bells Flats Service District.. The purchasing of a fire engine is included in the allocation. FIRE STATION LOCATIONS Fire stations should be located centrally in the area to be served. Good access to the street system is important and an available water source is desireabl.e. Response times in the area to be served should not exceed ten minutes. The availablity:of land at a reasonable cost is paramount because of the limited funds involved. SITES INVESTIGATED All of the Borough owned land in the Womens Bay Community was investigated for possible use as a location for a fire station. After reviewing each site, lot 2, block 2, Tract A, appears to be the best candidate. SITE CHARACTERISTICS 1. Legal description- lot 2, block 2, Tract A, Bells Flats Alaska Subdivision. 2. Location - Sargent Creek Road, Womens Bay Memorandum • Page 2 82-017 3. Size - 4.15 acres or 180,774 square feet. 4. Owner - Kodiak Island Borough 5. Zoning - I-Industrial (Permitted Use) setbacks - front yard - 30 feet side yard - 20 feet rear yard - 20 feet height - no limit minimum lot area - 20,000 square feet 6. Adjacent zoning - Industrial and Conservation 7. Appraised value - $0 on 11-2-81 (KIB Assessor) 8. Site - previously cleared and levelled with Cottonwoods on the lots' exterior. Good access is present. 9. Land Use - property is presently unoccupied land in an industrial area. 10. Major Constraint - none identified. WOMENS BAY COMMUNITY The Womens Bay Community Council unanimously recommended approval of lot 2, block 2, Tract A, as the preferred location for the Service District's fire station at its February 2, 1982 meeting. The Service District and Fire Protection Committee of the Council also recommend approval. PLANNING COMMISSION REVIEW Public uses are permitted in the Industrial District. Commission review is therefore necessarily limited to Section 2.24.030(K) of Borough Code, as follows: No public improvements shall be authorized by the Borough Assembly until the recommendations of the Commission shall have been received and reviewed by the Borough Assembly." RECOMMENDATION Staff recommends. that the Commission approve the use of lot 2, block 2, Tract A, Bells Flats Alaska Subdivision, as the site for the Bells Flats Service District fire station. 6 PUBLIC HEARING NOTICES MAILED ON FEBRUARY 6, 1982 . BRIMS fl4TS-RUSS7.AI SK ROAD -FIRE SERVICE DISTRIC Regular Meeting* February 1, 1982 . Called to ..order: 7200 P.M. Present :. Cobis, Ind, Mathes., Schaeffer, Greens, Reyes, Geddes excused. -Old Bi $inesi: Mirsntes read, dis5cus;ci sweat apprecved. Mathes moved, IDs• I 'wow B sas2 --- Vie Reyes and Mike Greene welctmed. to the board, — Green; brine Reed Coomieaien up to date a on Fire: Service District.. • 1)Ilitment Bar has - $250,000 feu a bntliding and vethiclee. 2) Wes should submit a remommenaiatiern about where to build, by Feb 11. 3) We have to came up idth a. list of Volunteers, with an attempt to reeruiit sa3 MintrunesmaspOssible, phone numbers and addressee, State Mien forme: must be completed, pppl for $1500 truing Panda from State, and poesible per capita grant Of $1O/re sidente All autabeirs had personally inspected sites for Fiirehouse, _ and after ample diecuseiony Lund moved to recommend to the Borough Assesb1 r that theme Select lit 2, Block 2, Tract A for Fire Station smote. due to ,considerably levier deveelopment costs. Coble seconded, vote unanimaue. 4ieyet talked abentvehicIes, equipment, type Of building etc. ACtirons en Firehouse, . 1)Greinwill talk to local contractors about types o$ buildings and floor. gabs. Size Of building weeded discussed, and relative costs. Metal. building Renew bleak • 2) Reyes , will. lack inter vehicles and Make up an equipment wish lilt. Diced were: — Should we get eciipaenst similar tO seine other tern or village so we could exchange spare parts' if necessary. Auxiliary equipment like pl , hats, coatis and gloves. 3) hie aar need as. formal Co- e:perati on Agreement with the Coast Guard,. -Rejess will obtain a copy of as old Agreement between the City of' Kodiak and the Coast Guard, and pass it onto Cobis, who will draft a nsao ons to fit our needs. • 4) $Ye do l ownership of the Firehouse and equipment dise assed and we will tall: to the Borough Manger about this. Tangent to this question is whether we weiuld have to pay propertytaket if the Borough deeded the Firehouse and lend to the- Communfty. S) The Borough needs Read and Fire Service District Budgets By Match 1. Also recommendations about possible staffinefer the Firehouse. 6) We need to estimate heating costs of various: b 4 L4Ling types being canadered. Cobis will contact Joe. O'Demohue on this natter. 7) Insurance costs may not be covered by already a fisting Borough Paicit_es.' Woe will pay and hens mach? -- Cobis will go to the Borough for naps for &air new ambers. •• Next meeting will be February 15, 6:30 P.M. at Cobis' house. Schaeffer moved to adjourn, cebis aecondedi, vote impnimmus. aeconied, vete FIRE DEPARTMENT STATIONS U0"8 LOCATION AND DISTRIBUTION Fire stations are major capital improvements and will be in use for many years. Therefore, their locations should be selected with care so as to result in the best fire protection posyib|e, considering both life hazard and value of buildings and contents. Many points shouid be considered when choosing the Iocaton 50 that the company or companies to be housed in the new station will provide good coverage of the area to be protected and quick response to alarms of fire or other emergency calls. The type of area to be proheuted, that io, business, induotria|, warehouse, .institutional, residential, or a combination of thonn, is an important factor Stations shoud be near extensive industrial or business districts and near districts where there is a high life hazard, even though this often appears to be out of line with a plan of uniform distribution. Sufficient stations should be provided so that no point in a high value district will be more than 1 mile travel distance from an engine company or 11/4 miles travel distance from a ladder company except that for districts requiring a fire flow of 9000 gpm or more, these distances should be 34 mile and 1 mile reopmo1ive/y, and in districts requiring a fire flow less than 4500 gpnnthesedistancpsmnaybel1/2nni|asand2nni|*srespectiva|y.Distributinn should also provide for ready concentration of companies to multiple alarm fires in any high value diatrict, and in areas where the life hazard is oavero, without stripping other sections of protection in case of a second fire. The majority of building fires occur in and around the older portions of most cities where congestion is greater, values hiQhar, and buildings lack those structural features essential to protect life and to restrict the spread of fire. Therefore there should be no general elimination of stations or uonnpanies, nor wider spacing in these portions of most cities. Exceptions are where a station is in an area no loriger of high value, is so situated that company runs are all in one direotion, or the effective response has been reduced by limited access highways or other construction; in these instances, relocation would be desirable. In average residential districts, response distances may be increased up to 2 miles for engine companies and 3 miles for ladder companies or companies providing adequate ladder service. Howevar, for closely built residential districts requiring more than 2000 gpm fire flow or having build- ings3ornnoreotohesinheight.inc|udinQtenennenthouoen.npartnnentn.or hote1s, the' distances should be reduced to 11/2 and 2 miles respectively. Where the life hazard is above normal, it may be necessary to further reduce these distances to 1 and 11/4 miles, respectively. Topographical features of a city also affect station Iocation and the total number required. A city divided into two or more portions by rivers, bluffs, mountains, and similar natural barriers, with few means for companies to respond from one portion to another, requires additional stations to provide proper protection. The same is true when there are man-made barriers, such as railroad tracks, limited access highways, and canals; the possibility of delay in response because of railroad crossings at grade, drawbridges, and heavy traffic must be considered. A hillside location is not satisfactory, nor is one at the bottom of the hill when many responses must be made up grade. Where heavily traveled streets enter into the pnub|ern, a.station may be located on a parallel street or a cross street with the traffic lights at nearby intersections arranged for control from the station in order to permit response across or onto the heavily traveled street; locating astation directly on such a street is ordinarily not desirable. One-way streets pose another problem which may be handled by traffic lights controlled from the station. Remote sections of a nity, separated from the major portion by interven- ing municipalities, will generally require at least one station, unless the area is very small. When stations are to be built in outlying oneas, it should be remembered that a location too close to the city limits reduces the response area, thereby decreasing efficiency. However. when locating an outlying station and the possibility of the city annexing additional territory exiotn, the total area requiring protection in the future should be considered. Many cities have been faced with the problem of providing protection in newly annexed areas. When an area to be annexed is large and well populated, it is possible that at least one additional company and station will be needed to provide proper protection for this area alone. Plans for protecting such areas should be made well in advance of the date of annexation. A site at an intersection is good as it permits response in more than two directions. Stations should be set well back from the curb line, especially where the street is narrow. The lot should be of ample size so as to provide parking facilities for the men, and adequate space for holding company drills. Proposed locations of fire stations may be submitted to the office of the local insurance inspection board or to the American Insurance Association (formerly the National Board of Fire Underwriters) for comment. Such requestsshould bedirected to the organization which made the last municipal fire protection survey in the municipality concerned. WATER SUPPLY 1V 1 1 GENERAL REQUIREMENTS Where it is necessary to develop an entirey new water supplysystem for a suburban area, the "Standard Schedute for Gradin8 Cities and Towns of the United States With Reference to Their Fire Defenses and Physical Conditiono" (1) should be used as a guide in providing adequate fire protection. The required fire flow for the principal business district in the average municipality is obtained by the use of the formula: where G is the required fire flow in gallons per minute and P is the population in thousands. The flow may be increased or decreased in accord- ance with structural conditions and degree of congestion. In many new suburban areas, the fire flow indicated by the formula will be reduced because there are a number of small scattered business districts instead of a single large one. Where buildings, such as super-markets, have excessive onaa, the fire flow indicated by the formula (or perhaps even more) will be needed because of the large amount of combustible material that may be under one roof. Where suburbs contain industha|, institutimna|, or other sections that require fire flows in excess of that necessary for the principal business diutriot, the highest required fire flow should govern the design. Fire flows of 1,000 gpm should be available for 4 hr, the duration increasing with larger fire flows up to a maximum of 10 hr for 2,500 gpm or more. SnuvCE: Kenneth J. Ca^ cng" Fire ,=""m" Journal ^m^^ca" Water Works Association. Vol. 47, No. REQUIRED FIRE FLOW Required Fire flow for Average City Duration, Population gpm mgd hours Population I.000 1.000 1.44 4 22.000 1.500 1.250 1.80 5 27'000 2.000 1.500 2.16 6 33.000 3.000 1.750 2.52 7 40.000 4,000 2,000 2.88 8 55.000 5.000 2.250 3.24 9 75.000 0.000 2.500 3.60 10 95,000 10,000 3.000 4.32 10 I20'000 13.000 3'500 5.04 10 150.000 17.000 4.000 5.76 10 200.000 Required Fire flow for Average City Duration, gpm mgd hours 4,500 5,000 5,500 6,000 7,000 8,000 9,000 10,000 11,000 12,000 6.48 7.20 7.92 8.64 10.08 11.52 12.96 14.40 15.84 17.28 Over 200,000 population, 12,000 gpm, with 2,000 to 8,000 gpm additional for a second fire, for a lO'hourduution. 10 10 10 10 10 10 10 10 10 10 SOURCE: Standard Schedule for Grading Cities and Towns of the o� National Board *Fire Underwriters-1956 New York, Chicago, San Francisco The required fire flow for residential districts consisting of small-area, one-family dwelhngs one or two stories in height varies from 500 to 2,000 gpm for 2-4 hr, depending on the degree of exposure between buildings. In order to provide an adequate supply, the system should be capable of delivering the maximum fire flow required for the specified duration with consumption at the maximum daily rate. To meet this requirement the capacity of the supply works can be made equal to the maximum daily consumption rate and sufficient storage can be provided on the distribution system to deliver the required fire flow. RESERVE CAPACITY It is obvious that some reserve capacity should be avaiabIe in the supply works. Those dependent on pumps should be capable of delivering the required fire flow for the specified time during a 5-day period with consump- tion at the maximum daily rate and any two pumps out of service. 199 Map 1 Bells Flats•Russian Creek Service Area Ordinance No. 75.26.0 • 14 January 1978 Rood Service District Resolution 78.10A•R • 15 March 1978 — Voter Approval 1 KODIAK ISLAND BOROUi' Box 1246 Kodiak, Alaska 99613 8. .3 -v�-� FIRST CLASS MAIL NOTICE OF PUBLIC HEARING The Kodiak Island Borough Planning and Zoning Commission has received a petition from COMMUNITY DEVELOPMENT DEPARTMENT requesting a public hearing on Tract A, lot 3, block 2, Bells Flats Alaska subdivision for the use of the lot as a fire station location for the Bells Flats Service District. The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 p.m., Wednesday, February 17, 1982 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above - referenced lots; or an owner of property within 300 feet of the above- referenced property. This will be the only Public Hearing before the Planning and Zoning Commission on this petition, and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486 -5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development Name Address Legal Description Comments BLOCK TRACT CASE 82 -017 LOCATION AND ZONING MAP \CT rko+- ac 90034 ooa.._ `aIr 30 0 `tc. l� \ &C ) A ) &cLp a = Rkoo / a_ d -- `- lock,a, im R9D0a.0 _Of :P4)toc @449 CO @ P)_c ooac)a OO 30 1� 1 a-1( L.o sfj .c,-I- A bAua ci coo o_ Tkra.O.r. .:(? Co a..D0 OP 0 R900305003 bEEHLER,NEVIN S.& DOROTHY P.G. ';;CX 263C KODIAK AK, 99o15 CLA MIT INC. P .0 . OCX 1122 KOI, I AK MaRRI'O. ALAN P.O. tIOX 702 KOD I AK I0 03050030 A t( 9,261 P. 9003050040 AK 99615 R9002030010 KOOIAK ISLAND dOROUGH BRECHAN ENTERPRISES LEASE P.O. 60X 1246 KOD I AK AK 99515 R 9003053042 BROOKS , DONNA JEAN 2111 37TH AVE ANCHORAGE AK 99515 Bill Williams - — Box 650 • Kodiak, Alaska 99615 - - - •-- - : - xks • Sear.2/..